3149/92 - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EEC) No 3149/92
of 29 October 1992
laying down detailed rules for the supply of food from intervention stocks for the benefit of the
most deprived persons in the Community
(OJ No L 313, 30. 10. 1992, p. 50)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 3550/92 of 9 December 1992 L 361 19 10. 12. 1992
Commission Regulation (EEC) No 2826/93 of 15 October 1993 L 258 11 16. 10. 1993Commission Regulation (EC) No 267/96 of 13 February 1996 L 36 2 14. 2. 1996
3149/92 - - - I
ICOMMISSION REGULATION (EEC) No 3149/92
of 29 October 1992
laying down detailed rules for the supply of food from intervention stocks for the benefit of the
most deprived persons in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community,
Having regard to Council Regulation (EEC) No 3730/87
of 10 December 1987 laying down the general rules for
the supply of food from intervention stocks to designated
organizations for distribution to the most deprived persons
in the Community (
1), and in particular Article 6 thereof,
Having regard to Council Regulation (EEC) No 1676/85
of 11 June 1985 on the value of the unit of account and
the conversion rates to be applied for the purposes of the
common agricultural policy (2), as last amended by Regula-
tion (EEC) No 2205/90 (3), and in particular Articles 2 (4)
and 12 thereof,
Whereas, in view of the experience of a number of years’
management of the arrangements introduced by Regulation
(EEC) No 3730/87, the implementing rules laid down by
Commission Regulation (EEC) No 3744/87 (4), as last
amended by Regulation (EEC) No 583/91 (5), should be
amended; whereas, for the sake of clarity and convenience,
the latter should be replaced by this Regulation;
Whereas the procedure and rules for establishing the an-
nual distribution plan for products from intervention stocks
drawn up by the Commission on the basis of information
provided by the Member States should be simplified and
the timetable should be adapted taking into account the
requirements of distribution to the recipients and the need
for financial management of public intervention stocks;
Whereas the supply of agricultural products and foodstuffs
to the most deprived persons in the Community normally
involves products processed or packaged from products
withdrawn from Community intervention stores; whereas,
however, the objective may also be achieved by the supply
of agricultural products and foodstuffs beloging (SIC! be-
longing) to the same category of products placed on the
Community market; whereas in such cases supply is reim-
bursed in the form of a withdrawal and transfer of prod-
ucts from the intervention stores;
(1) OJ No L 352, 15. 12. 1987, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
(4) OJ No L 352, 15. 12. 1987, p. 33.
(5) OJ No L 65, 12. 3. 1991, p. 32.
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IIWhereas, in order to manage the arrangements properly,
when apply (SIC! supply) concerns products which have
been processed or subject to a specific operation, there
should be a call for tenders to determine the most favour-
able terms for the supply;
Whereas the terms for reimbursing charitable organizations
for costs incurred by the transport of products and also, if
appropriate, administrative costs should be determined,
within the limits of available funds; whereas transport costs
are to be reimbursed on the basis of standards (SIC! stan-
dard) rates; whereas, however, provision should be made
for the possibility of determing such transport costs by an
invitation to tender; whereas the rules for entering in the
accounts the value of products withdrawn from interven-
tion stores for the purposes of EAGGF, Guarantee Sec-
tion, expenditure should also be laid down, along with the
rules to be applied in the even (SIC! event) that stocks aretransferred from one Member State to another;
Whereas the rates to be applied on the one hand for the
conversion of the accounting value of the products, and on
the other, for the conversion of transport and administra-
tive costs should be determined; whereas in respect of
these costs, in order to avoid currency distortions, a rate
closer to economic reality than the agricultural conversion
rate should be used, while applying the correcting factor
referred to in Article 2 (2) of Regulation (EEC)
No 1676/85; wereas (SIC! whereas) Article 3a of Commis-
sion Regulation (EEC) No 3152/85 (
1), as last amended by
Regulation (EEC) No 3237/90 (2), on detailed rules for the
application of Regulation (EEC) No 1676/85, provides for
s u c har a t et ob ep u b l i s h e d ;
Whereas the purpose of these arrangements and the na-
ture of the intervention product transfers justifies the non-
application of the monetary compensatory amounts and,
where necessary, the rules for applying the supplementary
trade mechanism provided for by the Act of Accession of
Spain and Portugal;
Whereas provision should be made for this Regulation to
apply at the beginning of the period of execution of the
distribution plan, namely 1 October 1992;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the relevant manage-
ment committees,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 310, 21. 11. 1985, p. 1.
(2) OJ No L 310, 9. 11. 1990, p. 18.
3149/92 - - - I
1Article 1
1. Member States wishing to apply the measures intro-
duced by Regulation (EEC) No 3730/87 on behalf of the
most deprived persons in the Community shall inform the
Commission each year no later than 15 February preceding
the period of implementation of the annual plan referred
to in Article 2.
2. By 31 May at the latest, the Member States con-
cerned shall notify the Commission of:
(a) the quantities of each type of product (expressed in
tonnes) required to implement the plan on their terri-
tory for the year in question;
(b) the form in which the products are to be distributed to
the recipients;
(c) the eligibility criteria to be met by recipients;
(d) the rate of charges, if any, which may be imposed on
the recipients pursuant to Article 1 of Regulation(EEC) No 3730/87.
Article 2
1. Before 1 October each year the Commission shall
adopt an annual plan for the distribution of food for the
benefit of the most deprived persons, broken down byMember State concerned. For the purposes of allocating
the resources among Member States, the Commission shall
take account of the best estimates of the number of most
deprived persons in the Member States concerned. It shall
also take account of how operations were carried out and
the uses to which resources were put in previous financial
years, on the basis in particular of the reports provided for
in Article 10 of this Regulation.
2. Before drawing up the annual plan, the Commissionshall consult the major organizations familiar with the
problems of the most deprived persons in the Community.
3. The plan shall include in particular:
1. for each of the Member States applying the measure,
the following:
(a) the maximum financial resources available to carry
out its part of the plan;
(b) the quantity of each type of product to be with-
drawn from the stocks held by the intervention
agencies;
(c) the grant made available for each product for pur-
chase on the Community market where the prod-
uct concerned is found to be temporarily unavail-
able among the stocks held by the intervention
agencies when the annual plan is adopted.3149/92
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2This grant shall be determined for each product
taking account firstly of the quantity indicated in
the Member State notification referred to in Ar-
ticle 1 (2), secondly of the quantities not available
in intervention stocks and thirdly of the products
applied for and allocated during previous financial
years and the actual use made of them.
This grant shall be expressed in ecus using the ac-
counting value of the products not available among
intervention stocks determined in accordance with
Article 5 (1);
(d) where appropriate, a grant for purchase on the
Community market of one or more products, not
a v a i l a b l ef r o mt h eM e m b e rS t a t ew h e r et h e ya r e
required, where the intra-Community transfer
necessary to carry out the plan in that Member
State would be in respect of a quantity of60 tonnes or less of each product not available.
This grant shall be expressed in ecus using the ac-
counting value of the products concerned deter-
mined in accordance with Article 5 (1);
2. the appropriations needed to cover the intra-Commun-
ity transfer costs of the intervention products held by
an intervention agency in Member State other than
that where the product is required.
4. The Commission shall publish the plan as quickly aspossible.
Article 3
1. Implementation of the plan shall run from 1 October
to 30 September of the following year. Withdrawal of the
products from the intervention stocks shall take place from
1 October to 31 August of the following year.
2. During the implementation period the Member States
shall notify to the Commission any changes that they make
to the implementation of the plan on their territory within
the strict limits of the financing available to them. The
notification shall be accompanied by all appropriate in-
formation. Where substantiated changes concern 5 % or
more of the quantities or values entered per product in the
Community distribution plan, the plan shall be revised.267/96
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33. The Member States shall inform the Commission im-
mediately of foreseeable reductions in expenditure on ap-
p l y i n gt h ep l a n .T h eC o m m i s s i o nm a ya l l o c a t et h eu n u s e d
resources to other Member States on the basis of their
applications and their actual use of products made avail-
able and allocations made during previous financial years.
Article 4
1. Implementation of the plan shall involve:
(a) the supply of products withdrawn from intervention
stocks;
(b) the supply of products mobilized on the Community
market in application of Article 2 (3) (c) and (d).
The product mobilized on the market must belong to
the same product group as the product temporarily un-
available among intervention stocks.
However, where beef and veal are unavailable among
intervention stocks, any meat product may be mobi-
l i z e do nt h em a r k e t .I ns u c hc a s e st h em e a tp r o d u c t
must constitute more than 50 % of the net weight of
the food supplied to the most deprived persons.
A given product may be mobilized on the market only
if all the quantities of product in the same group to bewithdrawn from intervention stocks for supply purposes
in application of Article 2 (3) (1) (b), including quan-
tities to be transferred in application of Article 7, have
already been allocated. The competent national author-
ity shall inform the Commission of the opening of mo-
bilization procedures on the market.
2. Where the supply concerns:
(a) products withdrawn from intervention stocks, the com-
petent national authority shall issue or arrange to have
issued an invitation to tender to determine the most
advantageous conditions of supply. The invitation to
tender shall specify precisely the nature and character-
istics of the product to be supplied.
The invitation to tender shall concern:
— the charges for processing and/or packaging of the
products coming from intervention stocks,267/96
3149/92 - - - I
4— or the quantity of processed or, where appropriate,
packaged agricultural products or of foodstuffs
which may be obtained by the use of products
from intervention stocks supplied in payment for
such products,
— or the quantity of processed agricultural products
or foodstuffs available or obtainable on the market
by supplying for payment products belonging to
the same group of products from intervention
stocks.
Where the supply involves the processing and/or pack-
aging of the product, the invitation to tender shall
refer to the obligation of the successful bidder to lodge
a security to the benefit of the intervention agency in
accordance with Title III of Commission Regulation
(EEC) No 2220/85 (3) for an amount equal to the in-
tervention price applicable on the day fixed for takingover the product plus 10 % of that price. For the ap-
plication of Title V of that Regulation, the principle
requirement is that the product should be supplied to
the destination laid down; this subparagraph does not
apply where the product withdrawn from the interven-
tion stocks is made available to the supply contractor
as payment for supply already carried out;
(b) agricultural products or foodstuffs to be mobilized on
the Community market, the competent national auth-
ority shall issue an invitation to tender to determine
the most advantageous conditions of supply. The in-
vitation to tender shall specify precisely the nature and
characteristics of the product or foodstuff to be mobi-
lized, specifications concerning packaging and marking
and other obligations associated with the supply.
The invitation to tender shall concern all the supply
charges and shall call for the submission of tenders
concerning, according to case:
— the maximum quantity of the agricultural product
or foodstuff to be mobilized on the market for a
monetary amount fixed in the notice,
— or the monetary amount needed to mobilize on the
market a quantity fixed in the notice.
3. The transport costs shall by determined by an invita-
tion to tender. Member States may specify that supply
must also include the transport of products to the depots
of the charitable organization. In such cases transport shall
be the subject of a specific provision in the invitation to
tender and shall constitute a particular item in the tendersubmitted.
T enders concerning transport shall be submitted in monet-
ary values.
(3) OJ No L 205, 3. 8. 1985, p. 5.267/96
3149/92 - - - I
5The payment of transport costs may in no case be made in
products.
4. Invitations to tender shall guarantee equal access to
all operators established in the Community. T o this end
they shall be the subject of notices published in official
administrative publications as well as being made available
in complete form on request from interested operators.
The competent national authorities shall notify the Com-
m i s s i o ni nd u et i m ea n db e f o r et h ec o m m e n c e m e n to ft h e
implementation period the models of the invitations to ten-
der used to allocate the different types of supply from in-
tervention stocks and mobilization on the market.
Article 5
1. For EAGGF Guarantee Section accounting purposes,
and notwithstanding the provisions of Article 8 of Council
Regulation (EEC) No 1883/78 (1) ,t h ea c c o u n t i n gv a l u eo f
the products made available from intervention under this
Regulation shall be the intervention price applicable on
1 October of each year.
Conversion into national currency of the accounting valueof the products made available from intervention shall be
carried out using the agricultural conversion rate applicable
on the 1 October of the year of implementation of the
plan.
In the case of beef, the intervention price shall be subjectto the coefficients set out in Annex I.
2. Where intervention products are transferred from one
Member State to another, the supplier Member State shall
record the product delivered as a zero entry in the ac-
counts and the Member State of destination shall record it
as a receipt in the month of dispatch, using the price and
rate calculated in accordance with paragraph 1.
Article 6
1. On duly substantiated application to the competent
authority in each Member State, the charitable organiz-
ations designated to distribute the products shall be reim-bursed on the basis of the rates indicated in Annex II for
transport costs on the territory of the Member State be-
tween the storage depots of the charitable organizations
and the places of distribution to the beneficiaries.
2. Where Article 4 (3) is applied, the Member Stateshall obtain reimbursement of the carriage costs on the
basis of the rates fixed in Annex II.
(1) OJ No L 216, 5. 8. 1978, p. 1.267/96
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63. Administrative costs generated by the supplies pro-
vided for in this Regulation shall, on duly substantiated
application to the competent authority in each Member
State, be reimbused to the charitable organizations subject
to a limit of 1 % of the value of the products made avail-
able to them, calculated in accordance with Article 5 (1).
4. The costs referred to in paragraphs 1, 2 and 3 shallbe reimbursed to the Member States within the limits of
the financial resources available to implement the plan in
each Member State.
The costs referred to in paragraphs 1, 2 and 3 may not be
the subject of a payment in the form of products.
Article 7
1. When products included in the plan are not available
from intervention in the Member State where such prod-
ucts are required, the Member State in question shall sub-
mit an application to the Commission to take over stocks
available at the supplying intervention agency. That ap-
plication shall provide all the information required for
carrying out the supply operation, including information on
the products, on the location of the stocks and on the
quantities involved. The transfer operations shall be
auth-
orized according to the procedure provided for in Article 6
of Regulation (EEC) No 3730/87.
The Member State applying for and receiving the productshall publish or have published an invitation to tender to
establish the most favourable conditions of supply. The
costs of intra-Community transport shall be the subject of
a tender submitted in money value and may not be paid
for in products. The provisions of Article 4 (4) shall apply
in the context of this invitation to tender.
2. The intra-Community transport costs shall bedefrayed by the Community and reimbursed to the
Member State on the basis of the rates fixed in Annex II.
The application for reimbursement shall include all necess-
ary supporting documents, particularly those concerning
transport and the distances covered. The expenditure shall
be set off against the appropriations referred to in Ar-
ticle 2 (3) (c). Where the appropriations have been fully
allocated, any additional Community financing to cover
intra-Community transport costs shall be provided in ac-
cordance with Article 6 (4).
3. The call for tenders shall mention the option whereby
an operator may submit a bid for placement on the Com-
munity market of the agricultural products or foodstuffs to
be supplied and for takeover of the products from the sup-
plying intervention agency, without transfer to the appli-
cant Member State. In these circumstances, no intraCom-
munity transport costs shall be paid to the person awarded
the supply contract.3149/92
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7The applicant Member State shall provide the supplier
Member State with the name of the person contracted to
supply the products.
4. Before the goods are removed, the contractor under-
taking the supply operation shall lodge a security equal to
the intervention buying-in price applicable on the day fixed
f o rt a k i n go v e rt h ep r o d u c t s ,p l u s1 0% .
The security shall be lodged in accordance with Title III of
Commission Regulation (EEC) No 2220/85 (1).
For the purposes of Title V of that Regulation, the pri-
mary requirement shall be completion of the supply oper-
a t i o ni nt h eM e m b e rS t a t eo fd e s t i n a t i o n .
Presentation of a takeover document issued by the inter-
vention agency of destination shall constitute proof of sup-
ply of the products.
5. In the case of transfer, the Member State of destina-
tion shall provide the supplier Member State with thename of the person contracted to carry out the operation.
The responsible authority shall ensure that the goods have
been insured appropriately.
Dispatch declarations issued by the supplier intervention
agency shall include one of the following inscriptions:
— T ransferencia de productos de intervención — aplica-
ción del apartado 5 del artículo 7 del Reglamento
(CEE) n
o3149/92.
— Overførsel af interventionsprodukter — Anvendelse af
artikel 7, stk. 5, i forordning (EØF) nr. 3149/92.
— T ransfer von Interventionserzeugnissen — Anwendung
von Artikel 7 Absatz 5 der Verordnung (EWG)
Nr. 3149/92.
—Μετα Ôορά προϊόντων παρεμβάσεως —εÔαρμογή του
άρθρου 7παράγρα Ôος5του κανονισμού (ΕΟΚ )
αριθ. 3149/92.
— T ransfer of intervention products — Application of Ar-
ticle 7 (5) of Regulation (EEC) No 3149/92.
— T ransfert de produits d’intervention — Application de
l’article 7 paragraphe 5 du règlement (CEE)
no3149/92.
— T rasferimento di prodotti di intervento — Applicazione
dell’articolo 7, paragrafo 5 del regolamento (CEE)
n. 3149/92.
— Overdracht van interventieprodukten — toepassing van
artikel 7, lid 5, van Verordening (EEG) nr. 3149/92.
— T ransferência de produtos de intervenção — aplicação
d on º5d oa r t i g o7 ºd oR e g u l a m e n t o( C E E )
nº 3149/92.
(1) OJ No L 205, 3. 8. 1985, p. 5.2826/93
3149/92 - - - I
86. The calculation of any losses shall be entered in the
accounts in accordance with the provisions of Article 2 (2)
of Commission Regulation (EEC) No 3597/90 (1).
Article 8
The amounts laid down in Articles 6 (1) and 7 (2) shall be
converted into national currency using the agricultural con-
version rate applicable on 1 October of the year in which
the plan is carried out.
Article 8a
Requests for payment shall be submitted to the competent
authorities of each Member State within a period of four
months following the completion of the operation in ques-
tion. A 20 % reduction shall be made in the case of re-
quests submitted beyond the time limit, except in the case
of force majeure. Requests made more than ten months
after the completion of the operation shall not be ac-
cepted.
The competent authorities shall make the payment within
a period of two months following receipt of the payment
request.
Article 9
The Member States shall take all necessary measures to
ensure that:
— the intervention products, and, where appropriate,
grants for mobilization on the market, are put to the
use and serve the purposes laid down in Article 1 of
Regulation (EEC) No 3730/87.
— the goods which are not delivered in bulk to the re-
cipients have the following inscription on their packag-
ing: ‘EEC aid’,
— the designated implementing organizations maintain
appropriate accounts and supporting documents and
allow the competent authorities access to them to carry
out whatever checks they deem necessary. The checks
carried out on the premises of the designated organiz-
ations shall be concerned with a minimum of 5 % of
the expenditure incurred under the annual plan.
Article 10
No later than 31 March each year, the Member States
shall send the Commission a report on the implementation
of the plan on their territory during the previous year. The
progress report shall include:
— the amounts of the various products withdrawn from
intervention stocks,
(1) OJ No L 350, 14. 12. 1990, p. 43.2826/93
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9— the type, quantity and value of goods distributed to the
recipients, specifying separately unprocessed goods,
processed goods and goods obtained by substitution to-
gether with the processing coefficients,
— the transport and transfer costs,
— administrative costs,
— the number of recipients over the course of the year.
The report shall specify the verification measures that have
been applied to ensure that the goods have achieved their
intended objective. This report shall mention the type and
the number of checks carried out on the premises of the
final beneficiaries of the plan. The report shall be taken
into account as a decisive factor when drawing up subse-
quent annual plans.
Article 11
Regulation (EEC) No 3744/87 is hereby repealed.
Article 12
This Regulation shall enter into force on the day following
its publication in the Official Journal of the European
Communities .
It shall apply with effect from 1 October 1992.2826/93
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10ANNEX I
A. Coefficients referred to in Article 5 — Unboned intervention stocks
— forequarters: 0,775,
— hindquarters: 1,225.
B. Coefficients referred to in Article 5 — Boneless intervention stocks
Member State
CoefficientDenmark Germany France Ireland Italy Netherlands United King-
dom
4,1 Mørbrod
(SIC!
Mørbrad)Filet Filet Fillet Filetto Haas Fillet
2,4 Fillet Roastbeef Faux -filet Striploin Roastbeef — Striploin
1,4 Inderlår Oberschalen Ten d e d e
trancheInsides Fesa interna — To p s i d es
1,4 Tykstegsfilet Unterschalen Tranchegrasse Outsides Girello — Silversides
1,4 Klump Kugeln Rumsteak(SIC! Rump-
steak)Knuckles Fesa esterna — Thick flank
1,4 Yderlår Hüfte Entrecôte Rumps Scamone — Rumps
1,4 — — G i t eàl an o i x Cube rolls Noce — —
1,1 other other other other other other other3149 /92
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11ANNEX II
TRANSPORT COSTS
Beef, butter and other products (refrigerated transport):
— for the first 200 kilometres: ECU 20,00/tonne,— for each additional kilometre over 200: ECU 0,05/tonne.
Cereals and rice:
— for the first 200 kilometres: ECU 5,50/tonne,— for each additional kilometre over 200: ECU 0,02/tonne.
Olive oil:
— for the first 200 kilometres: ECU 20,00/tonne,
— for each additional kilometre over 200: ECU 0,04/tonne.
Milk powder:
— for the first 200 kilometres: ECU 10,00/tonne,
— for each additional kilometre over 200: ECU 0,04/tonne.
Other products:
— for the first 200 kilometres: ECU 6,00/tonne,
— for each additional kilometre over 200: ECU 0,03/tonne.3550/92