1992R3149 — EN — 01.10.2002 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No3149/92
of29October1992
laying down detailed rules for the supply of food from intervention stocks for the benefit of the
mostdeprivedpersonsintheCommunity
(OJ L 313, 30.10.1992, p. 50)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 3550/92 of 9 December 1992 L 361 19 10.12.1992
►M2Commission Regulation (EEC) No 2826/93 of 15 October 1993 L 258 11 16.10.1993
►M3Commission Regulation (EC) No 267/96 of 13 February 1996 L 36 2 14.2.1996
►M4Commission Regulation (EC) No 2760/1999 of 22 December 1999 L 331 55 23.12.1999
►M5Commission Regulation (EC) No 1098/2001 of 5 June 2001 L 150 37 6.6.2001
►M6Commission Regulation (EC) No 1921/2002 of 28 October 2002 L 293 9 29.10.2002
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSIONREGULATION(EEC)No3149/92
of29October 1992
layingdowndetailedrulesforthesupplyoffoodfromintervention
stocksfor thebenefit ofthe mostdeprived personsinthe Commu-
nity
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3730/87 of 10
December 1987 laying down the general rules for the supply of foodfrom 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 tobe applied for the purposes of the common agricultural policy(
2), as
last amended by Regulation (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, theimplementing rules laid down by Commission Regulation (EEC) No3744/87(
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 annual distribu-
tion plan for products from intervention stocks drawn up by theCommission 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 theneed 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 beachieved by the supply of agricultural products and foodstuffs beloging(SIC! belonging) to the same category of products placed on theCommunity market; whereas in such cases supply is reimbursed in theform of a withdrawal and transfer of products from the intervention
stores;
Whereas, in order to manage the arrangements properly, when apply
(SIC! supply) concerns products which have been processed or subjectto a specific operation, there should be a call for tenders to determinethe most favourable terms for the supply;
Whereas the terms for reimbursing charitable organizations for costs
incurred by the transport of products and also, if appropriate, adminis-trative costs should be determined, within the limits of available funds;whereas transport costs are to be reimbursed on the basis of standards(SIC! standard) 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 ofproducts withdrawn from intervention stores for the purposes ofEAGGF, Guarantee Section, expenditure should also be laid down,along with the rules to be applied in the even that stocks are transferredfrom one Member State to another;1992R3149 — EN — 01.10.2002 — 004.001 — 2
(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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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 conver-sion of transport and administrative 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 rateshould be used, while applying the correcting factor referred to inArticle 2 (2) of Regulation (EEC) No 1676/85; wereas (SIC! whereas)Article 3a of Commission 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 such arate to be published;
Whereas the purpose of these arrangements and the nature of the inter-
vention product transfers justifies the non-application of the monetary
compensatory amounts and, where necessary, the rules for applyingthe supplementary trade mechanism provided for by the Act of Acces-sion 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 accor-
dance with the opinion of the relevant management committees,
HAS ADOPTED THIS REGULATION:
Article 1
1. Member States wishing to apply the measures introduced by
Regulation (EEC) No 3730/87 on behalf of the most deprived persons
in the Community shall inform the Commission each year no later than15 February preceding the period of implementation of the annual planreferred to in Article 2.
2. By 31 May at the latest, the Member States concerned shall notify
the Commission of:
(a) the quantities of each type of product (expressed in tonnes)
required to implement the plan on their territory for the year inquestion;
(b) the form in which the products are to be distributed to the recipi-
ents;
(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 by Member State concerned. For the purposes
of allocating the resources among Member States, the Commissionshall take account of the best estimates of the number of most deprivedpersons in the Member States concerned. It shall also take account ofhow operations were carried out and the uses to which resources wereput 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 Commission shall consult
the major organizations familiar with the problems of the mostdeprived persons in the Community.1992R3149 — EN — 01.10.2002 — 004.001 — 3
(1) OJ No L 310, 21. 11. 1985, p. 1.
(2) OJ No L 310, 9. 11. 1990, p. 18.▼M3
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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 withdrawn from the
stocks held by the intervention agencies;
(c) the grant made available for each product for purchase on the
Community market where the product concerned is found to betemporarily unavailable among the stocks held by the interven-tion agencies when the annual plan is adopted.
This grant shall be determined for each product taking account
firstly of the quantity indicated in the Member State notificationreferred to in Article 1 (2), secondly of the quantities not avail-able 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 accounting value
of the products not available among intervention stocks deter-
mined in accordance withArticle 5 (1);
(d) where appropriate, a grant for purchase on the Community
market of one or more products, not available from the MemberState where they are required, where the intra-Communitytransfer necessary to carry out the plan in that Member Statewould be in respect of a quantity of 60 tonnes or less of eachproduct not available.
This grant shall be expressed in ecus using the accounting value
of the products concerned determined in accordance with Article
5 (1);
2. the appropriations needed to cover the intra-Community 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 as possible.
Article 3
1. Implementation of the plan shall run from 1 October to 30
September of the following year. However, distribution to charitableorganisations may continue until 31 October of the year of implemen-tation.
Withdrawal of the products from 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 appro-priate information. Where substantiated changes concern 5 % or moreof the quantities or values entered per product in the Community distri-bution plan, the plan shall be revised.
3. The Member States shall inform the Commission immediately of
foreseeable reductions in expenditure on applying the plan. TheCommission may allocate the unused resources to other Member Stateson the basis of their applications and their actual use of products madeavailable and allocations made during previous financial years.1992R3149 — EN — 01.10.2002 — 004.001 — 4
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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 unavailable among inter-
vention stocks.
However, where beef and veal are unavailable among intervention
stocks, any meat product may be mobilized on the market. In such
cases the meat product must constitute more than 50 % of the netweight 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 be withdrawn from inter-vention stocks for supply purposes in application of Article 2 (3)(1) (b), including quantities to be transferred in application ofArticle 7, have already been allocated. The competent national
authority shall inform the Commission of the opening of mobiliza-
tion procedures on the market.
2. Where the supply concerns:
(a) products withdrawn from intervention stocks, the competent
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 char-acteristics 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,
— or the quantity of processed or, where appropriate, packaged
agricultural products or of foodstuffs which may be obtainedby the use of products from intervention stocks supplied inpayment for suchproducts,
— or the quantity of processed agricultural products or foodstuffs
available or obtainable on the market by supplying for paymentproducts belonging to the same group of products from inter-vention stocks.
Where the supply involves the processing and/or packaging of the
product, the invitation to tender shall refer to the obligation of thesuccessful bidder to lodge a security to the benefit of the interven-tion agency in accordance withTitle III of Commission Regulation
(EEC) No 2220/85(
1) for an amount equal to the intervention price
applicable on the day fixed for taking over the product plus 10 %of that price. For the application of Title V of that Regulation, theprinciple requirement is that the product should be supplied to thedestination laid down; this subparagraph does not apply where theproduct withdrawn from the intervention 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 Commu-
nity market, the competent national authority shall issue an
invitation to tender to determine the most advantageous conditionsof supply. The invitation to tender shall specify precisely the natureand characteristics of the product or foodstuff to be mobilized,specifications concerning packaging and marking and other obliga-tions associated withth e supply.1992R3149 — EN — 01.10.2002 — 004.001 — 5
(1) OJ No L 205, 3. 8. 1985, p.5.
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The invitation to tender shall concern all the supply charges and
shall call for the submission of tenders concerning, according tocase:
— the maximum quantity of the agricultural product or foodstuff
to be mobilized on the market for a monetary amount fixed inthe 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 invitation 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 totender and shall constitute a particular item in the tender submitted.
Tenders concerning transport shall be submitted in monetary values.
The 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. To this end they shall be the subject ofnotices 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 Commission in due
time and before the commencement of the implementation period themodels of the invitations to tender used to allocate the different typesof supply from intervention stocks and mobilization on the market.
5. The invitations to tender shall include the necessary provisions on
the supply operation, especially as regards the products' quality, packa-ging and marking. They shall also include a provision to the effect thatif the quality, packaging or marking of the products noted at the timefixed for their supply does not correspond exactly to what was stipu-
lated, but does not prevent the goods from being accepted for their
intended use, the competent authorities can apply reductions whencalculating the amoung payable.
Article 5
1. For EAGGF Guarantee Section accounting purposes, and notwith-
standing the provisions of Article 8 of Regulation (EEC) No 1883/78(
1), the accounting value of the products made available from inter-
vention under this Regulation shall be the intervention price applicable
on 1 October of eachyear.
In the case of beef, the accounting value of the products made avail-
able shall be the intervention price applicable on 30 June 2002. That
price shall be subject to the coefficients set out in the Annex.
For the Member States which have not adopted the euro, the
accounting value of intervention products shall be converted into
national currency at the exchange rate applicable on 1 October.
2. Where intervention products are transferred from one Member
State to another, the supplier Member State shall record the productdelivered as a zero entry in the accounts and the Member State ofdestination shall record it as a receipt in the month of dispatch, usingthe price calculated in accordance with paragraph 1.
Article 6
1. On duly substantiated application to the competent authority in
each Member State, the charitable organisations designated to distribute1992R3149 — EN — 01.10.2002 — 004.001 — 6
(1) OJ L 216, 5.8.1978, p. 1.▼M4
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the products shall be reimbursed for transport costs on the territory of
the Member State between the storage depots of the charitable organi-sations and the points of distribution to the beneficiaries.
3. Administrative costs generated by the supplies provided for inthis Regulation shall, on duly substantiated application to the compe-tent authority in each Member State, be reimbused to the charitableorganizations subject to a limit of 1 % of the value of the productsmade available to them, calculated in accordance with Article 5 (1).
4. The costs referred to in paragraphs 1, 2 and 3 shall be reimbursed
to the Member States within the limits of the financial resources avail-
able 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 inter-
vention in the Member State where such products are required, the
Commission shall authorise, in accordance with the procedure laiddown in Article 6 of Regulation (EEC) No 3730/87, the transfer ofthe product in question from a Member State in which it is present inintervention stocks to the Member State where it will be used to imple-ment the plan.
The Member State receiving the products shall publish or have
published an invitation to tender to establish the most favourable condi-tions of supply. The costs of intra-Community transport shall be thesubject of a tender submitted in money value and may not be paid for
in products. Article 4(4) shall apply in the context of this invitation to
tender.
2.►
M4The intra-Community transport costs shall be borne by the
Community and repaid to the Member State. ◄The application for
reimbursement shall include all necessary supporting documents, parti-cularly those concerning transport and the distances covered. Theexpenditure shall be set off against the appropriations referred to in
Article 2 (3) (c). Where the appropriations have been fully allocated,
any additional Community financing to cover intra-Community trans-port costs shall be provided in accordance with Article 6 (4).
3. The call for tenders shall mention the option whereby an operator
may submit a bid for placement on the Community market of the agri-
cultural products or foodstuffs to be supplied and for takeover of the
products from the supplying intervention agency, without transfer tothe applicant Member State. In these circumstances, no intra-Commu-nity transport costs shall be paid to the person awarded the supplycontract.
The 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 undertaking the
supply operation shall lodge a security equal to the intervention
buying-in price applicable on the day fixed for taking over the
products, plus 10 %.
The security shall be lodged in accordance with Title III of Commis-
sion Regulation (EEC) No 2220/85(
1).1992R3149 — EN — 01.10.2002 — 004.001 — 7
(1) OJ No L 205,3. 8. 1985, p. 5.▼B
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For the purposes of Title V of that Regulation, the primary requirement
shall be completion of the supply operation in the Member State ofdestination.
Presentation of a takeover document issued by the intervention agency
of destination shall constitute proof of supply of the products.
5. In the case of transfer, the Member State of destination shall
provide the supplier Member State with the name 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:
— Transferencia de productos de intervención — aplicación del apar-
tado 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.
— Transfer von Interventionserzeugnissen — Anwendung von Artikel
7 Absatz 5 der Verordnung (EWG) Nr. 3149/92.
—Μεταφορά προϊόντων παρεµβάσεως —εφαρµογή του άρθρου
7 παράγραφος 5 του κανονισµού (ΕΟΚ) αριθ.3149 /92.
— Transfer of intervention products — Application of Article 7 (5) of
Regulation (EEC) No 3149/92.
— Transfert de produits d'intervention — Application de l'article 7
paragraphe 5 du règlement (CEE) no3149/92.
— Trasferimento 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.
— Transferência de produtos de intervenção — aplicação do no5d o
artigo 7odo Regulamento (CEE) no3149/92.
6. The calculation of any losses shall be entered in the accounts in
accordance withth e provisions of Article 2 (2) of Commission Regula-tion (EEC) No 3597/90(
1).
Article 8a
Requests for payment shall be submitted to the competent authorities of
each Member State within a period of four months following thecompletion of the operation in question. A 20 % reduction shall bemade in the case of requests 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 accepted.
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 mobili-
zation 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 recipients have the
following inscription on their packaging: ‘EEC aid’,1992R3149 — EN — 01.10.2002 — 004.001 — 8
(1) OJ No L 350, 14. 12. 1990, p. 43.▼M6
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— the designated implementing organizations maintain appropriate
accounts and supporting documents and allow the competent autho-rities access to them to carry out whatever checks they deem
necessary. ►
M2The checks carried out on the premises of the
designated organizations shall be concerned with a minimum of5 % of the expenditure incurred under the annual plan. ◄
The Member States shall take all the measures needed to ensure that
the plan is properly implemented and to anticipate and penalise irregu-
larities. To this end they can suspend the participation of operators in
the tendering procedure, depending on the seriousness of any shortcom-ings or irregularities observed in the conduct of a previous supplyoperation or other comparable activities.
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 terri-
tory during the previous year. The progress report shall include:
— the amounts of the various products withdrawn from intervention
stocks,
— the type, quantity and value of goods distributed to the recipients,
specifying separately unprocessed goods, processed goods andgoods obtained by substitution together with the processing coeffi-cients,
— 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 outon the premises of the final beneficiaries of the plan. ►
M3The 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 publica-
tion in the Official Journal of the European Communities .
It shall apply with effect from 1 October 1992.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1992R3149 — EN — 01.10.2002 — 004.001 — 9
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ANNEX
A. Coefficients referred to in Article 5: unboned intervention stocks:
— forequarters: 0,35;
— hindquarters: 0,50.
B. Coefficients referred to in Article 5: boneless intervention stocks
CoeficientMember States
Denmark France Ireland
2,0 Mørbrad Filet Fillet
1,3 Filet Faux-filet Striploin
1,0 Inderlår Tranche Topsides
0,7 Yderlår Semelle Silversides
0,7 klump Tranche grasse Thick flank
0,7 Tyksteg Rumsteak Rumps
0,7 Entrecôte Entrecôte Forerib
0,5 Other Other Other1992R3149 — EN — 01.10.2002 — 004.001 — 10