1994R2659 — EN — 30.03.1999 — 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(EC)No2659/94
of31October1994
ondetailed rules forthe grantingofprivate storage aidfor Granapadano,Parmigiano-Reggiano
andProvolone 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
►M3Commission Regulation (EC) No 671/97 of 17 April 1997 L 101 14 18.4.1997
►M4Commission Regulation (EC) No 679/1999 of 26 March 1999 L 83 46 27.3.1999
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) and Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1994R2659 — EN — 30.03.1999 — 004.001 — 2
▼B
COMMISSIONREGULATION(EC)No2659/94
of31October 1994
on detailed rules for the granting of private storage aid for Grana
padano,Parmigiano-Reggiano andProvolonecheeses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the 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Whereas Regulation (EC) No 1880/94 repealed the intervention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 27
July 1968 on detailed rules of application for intervention on the mar-
ket in 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 Reg-
ulation (EEC) No 1107/68, and for the sake of clarity, that Regulation
should be repealed and the provisions on the private storage schemeshould be laid down in a new Regulation;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 Pro-
volone 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should also be repealed and the provisions thereof intergrated into thenew Regulation, in view of the fact that the legal bases are identicaland the detailed rules of application are equivalent;
Whereas Article 1 (1) of Commission Regulation (EEC) No 1756/93
of 30 June 1993 fixing the operative events for the agricultural con-version rate 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 accor-
dance with the opinion of the Management Committee for Milk andMilk products,
HAS ADOPTED THIS REGULATION:
Article 1
The grant of the private storage aid provided for in Article 8 of Regu-
lation (EEC) No 804/68 shall be subject to the conditions laid downin 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’.
Article 3
Conclusion of private storage contracts shall be subject to the follow-
ing conditions:
(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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(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 storageunder the contract commences and must not have been the subject
of a previous 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 undertaking which 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 cov-
ered by a storage contract;
(d) the storer must undertake:
— not, during the term of the contract, to alter the composition of
the lot which is the subject of the contract without priorauthorization from the intervention agency. If the conditionconcerning the minimum quantity fixed for each lot continues
to be met, the intervention agency may authorize an alteration
which is limited to the removal or replacement of cheeseswhich are found to have deteriorated to such an extent thatthey can no longer be stored.
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 arising from 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 the
previous 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 writing and shall specify the date when storage under contract
commences, the quantity of cheeses covered by the contract and
the amount 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 dateon which 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 following that on which the lot of cheeses covered by the contract
is placed under the control of the competent body.
3. Removal operations may commence on the day following the
last day of the period of storage under contract.
4. Notwithstanding the first indent of Article 3 (d), when the period
of 60 days referred to in paragraph 1 has elapsed, the contractor may
1994R2659 — EN — 30.03.1999 — 004.001 — 4
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remove from storage all or part of the lot under contract. The mini-
mum quantity that may be removed shall be 500 kilograms.
However, the Member State may increase this quantity to two tonnes.
Article 6
1. The amount of private storage aid for cheese shall be as follows:
(a) EUR 100 per tonne for the fixed costs;
(b) EUR 0,35 per tonne per day of storage under contract for the
warehousing costs;
(c) an amount for the financial costs in euro per tonne per day of sto-
rage under contract, as follows:
— 0,64 in the case of Grana Padano,
— 0,89 in the case of Parmigiano-Reggiano,
— 0,52 in the case of Provolone.
2. The amount of aid in ecus applicable in respect of the storage
contract 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 enti-
tlement to payment of the aid are fulfilled.
2. The contractor shall make available to the national authorities
responsible for verifying execution of the measure any documentation
permitting the following particulars of products placed in private sto-
rage 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 store-
room shall keep stock records available at the storeroom, covering:
(a) identification, by contract number, of the products placed in pri-
vate 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 andto prevent any subsitution of products during storage 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 contract
for a private storage aid measure. Such checks must include, in
addition to an examination of the records referred to in paragraph3, 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;▼
M4
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(b) a check to see that the products are present at the end of the sto-
rage 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 counter-
signed by the contractor or, where applicable, by the storeroom opera-tor.
8. In the case of irregularities affecting at least 5 % of the quanti-
ties of products subjected to the checks, the latter shall be extended toa larger 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.