1994R2659 — EN — 09.03.1996 — 002.001 — 1
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►B COMMISSION REGULATION (EC) No 2659/94
of 31 October 1994
on detailed rules for the granting of private storage aid for Grana padano, Parmigiano-Reggiano
and Provolone cheeses
(OJ L 284, 1.11.1994, p. 26)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 907/95 of 25 April 1995 L 93 14 26.4.1995
►M2Commission Regulation (EC) No 401/96 of 5 March 1996 L 55 5 6.3.1996
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COMMISSION REGULATION (EC) No 2659/94
of 31 October 1994
on detailed rules for the granting of private storage aid for Grana
padano, Parmigiano-Reggiano and Provolone cheeses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 July 1968
on the common organization of the market in milk products(1), as last
amended by Regulation (EC) No 1880/94 (2), and in particular Article 8
(4) thereof,
Whereas Regulation (EC) No 1880/94 repealed the intervention
arrangements for Grana padano and Parmigiano-Reggiano cheeses;whereas, as a result, Commission Regulation (EEC) No 1107/68 of 27July 1968 on detailed rules of application for intervention on the marketin Grana padano and Parmigiano-Reggiano cheeses(
3), as last amended
by Regulation (EC) No 1003/94 (4), should be amended;
Whereas, as a result of the large number of amendments made to
Regulation (EEC) No 1107/68, and for the sake of clarity, that Regula-tion should be repealed and the provisions on the private storagescheme should be laid down in a new Regulation;
Whereas Commission Regulation (EEC) No 2496/78 of 26 October
1978 on detailed rules for the granting of private storage aid for Provo-lone cheese(
5), as last amended by Regulation (EC) No 1002/94 (6),
should also be repealed and the provisions thereof intergrated into thenew Regulation, in view of the fact that the legal bases are identical andthe detailed rules of application are equivalent;
Whereas Article 1 (1) of Commission Regulation (EEC) No 1756/93 of
30 June 1993 fixingthe operative events for the ag ricultural conversionrate applicable to milk and products (
7), as last amended by Regulation
(EC) No 180/94 (8), lays down the conversion rate to be applied under
the private storage aid measures in the milk sector;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk and Milkproducts,
HAS ADOPTED THIS REGULATION:
Article 1
The grant of the private storage aid provided for in Article 8 of
Regulation (EEC) No 804/68 shall be subject to the conditions laiddown in this Regulation.
Article 2
Private storage contracts shall be concluded between the intervention
agency designated by the Member State and a natural or legal person,hereinafter referred to as ‘the contractor'.
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 197, 30. 7. 1994, p. 21.
(3) OJ No L 184, 29. 7. 1968, p. 29.
(4) OJ No L 111, 30. 4. 1994, p. 77.
(5) OJ No L 300, 27. 10. 1978, p. 24.
(6) OJ No L 111, 30. 4. 1994, p. 76.
(7) OJ No L 161, 2. 7. 1993, p. 48.
(8) OJ No L 24, 29. 1. 1994, p. 38.
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Article 3
Conclusion of private storage contracts shall be subject to the following
conditions:
(a) the cheeses must be of the minimum age provided for in Article 8
(1) of Regulation (EEC) No 804/68 on the date when storage underthe contract commences and must not have been the subject of aprevious storage contract;
(b) each lot of cheeses covered by the contract must weight at least two
tonnes;
(c) the cheeses must be of sound and fair marketable quality and be
indelibly stamped with:
— a mark issued by the agency appointed by the Member State,
— the number of the undertakingwhich has manufactured them,— the month of manufacture, which may be in code,— a special storage mark put on the cheeses when they are taken
into storage in order to distinguish them from those not coveredby a storage contract;
(d) the storer must undertake:
— not, duringthe term of the contract, to alter the composition of
the lot which is the subject of the contract without prior authori-zation from the intervention agency. If the condition concerningthe minimum quantity fixed for each lot continues to be met, theintervention agency may authorize an alteration which is limitedto the removal or replacement of cheeses which are found tohave deteriorated to such an extent that they can no longer bestored.
In the event of release from store of certain quantities:
(i) if the aforesaid quantities are replaced with the authoriza-
tion of the intervention agency, the contract is deemed notto have undergone any alternation;
(ii) if the aforesaid quantities are not replaced, the contract is
deemed to have been concluded ab initio for the quantitiy
permanently retained.
Any supervisory costs arisingfrom an alternation shall be met
by the storer,
— to keep stock records and to transmit every week to the inter-
vention agency details of entries and withdrawals during theprevious week,
— to allow the competent bodies to make checks at any time on
compliance with obligations under the contract.
Article 4
The storage contract shall be concluded:
(a) in writingand shall specify the date when storag e under contract
commences, the quantity of cheeses covered by the contract and theamount of aid;
(b) after completion of the storage operations for the lot of cheese
covered by the contract, but no later than 40 days after the date onwhich storage under contract commences.
Article 5
1. The aid may be granted only for a period exceeding 60 days but
not exceeding:
— 180 days in the case of Grano padano,
— 255 days in the case of Parmigiano-Reggiano,— 150 days in the case of Provolone.
2. The first day of the period of storage under contract shall be the
day followingthat on which the lot of cheeses covered by the contractis placed under the control of the competent body.
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3. Removal operations may commence on the day followingthe last
day of the period of storage under contract.
4. Notwithstandingthe first indent of Article 3 (d), when the period
of 60 days referred to in paragraph 1 has elapsed, the contractor mayremove from storage all or part of the lot under contract. The minimumquantity that may be removed shall be 500 kilograms.
However, the Member State may increase this quantity to two tonnes.
Article 6
▼
M2
1. The amount of private storage aid for cheese shall be as follows:
(a) ECU 100 per tonne for the fixed costs;
(b) ECU 0,35 per tonne per day of storage under contract for the
warehousingcosts;
(c) an amount for the financial costs in ecus per tonne per day of
storage under contract, as follows:
— 1,32 in the case of Grana Padano,
— 1,58 in the case of Parmigiano-Reggiano,— 0,78 in the case of Provolone.
▼
B
2. The amount of aid in ecus applicable in respect of the storagecontract shall be that applicable on the first day of storage under thecontract.
3. The aid shall be paid within 90 days of the last day of storage for
which there is entitlement to aid.
Article 7
1. The Member State shall ensure that the conditions granting entitle-
ment to payment of the aid are fulfilled.
2. The contractor shall make available to the national authorities
responsible for verifyingexecution of the measure any documentationpermittingthe followingparticulars of products placed in privatestorage to be verified:
(a) ownership at the time of entry into storage;
(b) the origin and date of production of the cheeses;
(c) the date of entry into storage;
(d) presence in the store;
(e) the date of removal from storage.
3. The contractor or, where applicable, the operator of the storeroom
shall keep stock records available at the storeroom, covering:
(a) identification, by contract number, of the products placed in private
storage;
(b) the dates of entry into and removal from storage;
(c) the number of cheeses and their weight, indicated per lot;
(d) the location of the products in the storeroom.
4. Products stored must be easily identifiable and must be identified
individually by contract.
5. On entry into storage, the competent body shall conduct checks in
particular to ensure that products stored are eligible for the aid and toprevent any subsitution of products duringstorag e under contract,without prejudice to the application of Article 3 (d).
6. The national authorities responsible for checks shall undertake:
(a) an unannounced check to see that the products are present in the
storeroom. The sample concerned must be representative and mustcorrespond to at least 10 % of the overall quantity under contractfor a private storage aid measure. Such checks must include, inaddition to an examination of the records referred to in paragraph 3,
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a physical check of the weight and nature of the product and itsidentification. Such physical checks must relate to at least 5 % ofthe quantity subjected to the unannounced check;
(b) a check to see that the products are present at the end of the storage
period under contract.
7. Checks conducted pursuant to paragraphs 5 and 6 must be the
subject of a report stating:
— the date of the check,
— its duration,— the operations conducted.
The report must be signed by the official responsible and countersigned
by the contractor or, where applicable, by the storeroom operator.
8. In the case of irregularities affecting at least 5 % of the quantities
of products subjected to the checks, the latter shall be extended to alarger sample to be determined by the competent body.
The Member State shall notify such cases to the Commission within
four weeks.
9. The Member State may provide for the costs of the checks to be
charged wholly or in part to the contractor.
Article 8
Regulations (EEC) No 1107/68 and (EEC) No 2496/78 are hereby
repealed. However, they shal continue to apply to contracts concludedprior to the entry into force of this Regulation.
Article 9
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.