1995R0906 — EN — 15.05.1995 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 906/95
of 25 April 1995
laying down detailed rules governing the grant of private storage aid for Kefalotyri and Kasseri
cheeses
(OJ L 93, 26.4.1995, p. 11)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1406/95 of 22 June 1995 L140 8 23.6.1995
NB: ThisconsolidatedversioncontainsreferencestotheEuropeanunitofaccountand/ortheecu,whichfrom1January1999
shouldbeunderstoodasreferencestotheeuro—CouncilRegulation(EEC)No3308/80(OJL345,20.12.1980,p.1)andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSION REGULATION (EC) No 906/95
of 25 April 1995
laying down detailed rules governing the grant of private storage
aid for Kefalotyri and Kasseri cheeses
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European Community,
HavingregardtoCouncilRegulation(EEC)No804/68of27June1968
on the common organization of the market in milk and milk prod-ucts(
1), as last amended by the Act of Accession of Austria, Finland
and Sweden and by Regulation (EC) No 3290/94(2), and in particular
Articles 9 (3) and 28 thereof,
WhereasCouncilRegulation(EEC)No508/71of8March1971laying
down general rules on private storage aid for long-keeping cheeses(3)
permits the granting of private storage aid for sheep’s milk cheesesrequiring at least six months for maturing where a serious marketimbalance could be eliminated or reduced by seasonal storage;
Whereas the market in Kefalotyri and Kasseri cheeses is at present
disturbedbytheexistenceofstockswhicharedifficulttosellandwhichare causing a lowering of prices; whereas seasonal storage shouldthereforebeintroducedforthesequantitiestoimprovethesituationandallow producers time to find outlets for their cheese;
Whereas the detailed rules of this measure should determine the
maximum quantity to benefit from it as well as the duration of thecontracts in relation to the real requirements of the market and thekeeping qualities of the cheeses in question; whereas it is necessary tospecify the terms of the storage contract so as to enable the identifica-tion of the cheese and to maintain checks on the stock in respect ofwhich aid is granted; whereas the aid should be fixed taking intoaccount storage costs and the foreseeable trend of market prices;
Whereas experience shows that provisions on checks should be laid
down,particularlyasregardsthedocumentstobesubmittedandchecksto be made on the spot; whereas, therefore, it should be provided thatMember States require the costs of checks be fully or partly borne bythe contractor;
WhereasArticle1(1)ofCommissionRegulation(EEC)No1756/93of
30June1993fixingtheoperativeeventsfortheagriculturalconversionrateapplicabletomilkandmilkproducts(
4),aslastamendedbyRegu-
lation(EC)No693/95(5),fixestheconversionratetobeappliedinthe
framework of private storage aid schemes in the milk products sector;
Whereas it is appropriate to guarantee the continuation of the storage
operations in question;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee for Milk and MilkProducts,
HAS ADOPTED THIS REGULATION:
Article 1
Aidshallbegrantedinrespectoftheprivatestorageof3200tonnesof
KefalotyriandKassericheesesmadefromCommunity-producedewes’
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No L 58, 11. 3. 1971, p. 1.
(4) OJ No L 161, 2. 7. 1993, p. 48.
(5) OJ No L 71, 31. 3. 1995, p. 52.
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orgoats’milkoramixtureofthetwoandsatisfyingtherequirementsofArticles 2 and 3.
Article 2
1. The intervention agency shall conclude storage contracts only
when the following conditions are met:
(a) thequantityofcheesetowhichthecontractrelatesisnotlessthan
two tonnes;
(b) the cheese was manufactured at least 90 days before the date
specified in the contract as being the date of commencement ofstorage, and after 30 November 1994;
(c) thecheesehasundergonetestswhichshowthatitmeetsthecondi-
tion laid down in (b) and that it is of first quality;
(d) the storer undertakes:
— to keep the cheese during the entire period of storage in prem-
ises where the maximum temperature is +16 °C,
— not,duringthetermofthecontract,toalterthecompositionof
thebatchwhichisthesubjectofthecontractwithoutauthoriza-tion from the intervention agency. If the condition concerningtheminimumquantityfixedforeachbatchcontinuestobemet,the intervention agency may authorize an alteration which islimited to the removal or replacement of cheeses which arefound to have deteriorated to such an extent that they can nolonger 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 alteration;
(ii) if the aforesaid quantities are not replaced, the contract is
deemed to have been concluded ab initio for the quantitypermanently retained.
Anysupervisorycostsarisingfromanalterationshallbemetby
the storer,
— to keep stock accounts and to inform the intervention agency
eachweekofthequantityofcheeseputintostorageduringtheprevious week, and of any planned withdrawals.
2. The storage contract shall be concluded:
(a) in writing, stating the date when storage covered by the contract
begins;thismaynotbeearlierthanthedayfollowingthatonwhichthe operations connected with putting the batch of cheese coveredby the contract into storage were completed;
(b) aftercompletionbytheoperationsconnectedwithputtingthebatch
of cheese covered by the contract into storage and at the latest 40days after the date on which the storage covered by the contractbegins.
Article 3
1. Aid shall be granted only for cheese put into storage during the
period 15 May to 30 November 1995.
2. No aid shall be granted in respect of storage under contract for
less than 60 days.
3. Theaidpayablemaynotexceedanamountcorrespondingto150
days’storageundercontractterminatingbefore31March1996.Bywayof derogation from the second indent of Article 2 (1) (d), when theperiod of 60 days specified in paragraph 2 has elapsed, the storer mayremove all or part of the batch under contract. The minimum quantitythatmayberemovedshallbe500kilograms.TheMemberStatesmay,however, increase this quantity to two tonnes.
The date of the start of operations to remove cheese covered by the
contract shall not be included in the period of storage under contract.
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Article 4
1. The aid shall be as follows:
(a) ECU 100 per tonne for the fixed costs,
(b) ECU 0,40 per tonne per day of storage under contract for the
warehousing costs,
(c)►M1ECU1,14 ◄pertonneperdayofstorageundercontractfor
the financial costs.
2. Aid shall be paid not later than 90 days from the last day of
storage under contract.
Article 5
1. TheMemberStatesshallensurethattheconditionsgrantingenti-
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 documentationpermitting in particular the following particulars of products placed inprivate storage to be verified:
(a) ownership at the time of entry into storage;
(b) the origin and date of manufacture of the cheeses;
(c) the date of entry into storage;
(d) presence in the store;
(e) the date of removal from storage.
3. Thecontractoror,whereapplicable,theoperatorofthestore,shall
keep stock accounts available at the store, covering:
(a) identification,bycontractnumber,oftheproductsplacedinprivate
storage;
(b) the dates of entry into and removal from storage;
(c) the number of cheeses and their weight shown for each lot;
(d) the location of the products in the store.
4. Productsstoredmustbeeasilyidentifiableandmustbeidentified
individually by contract.
A special mark shall be affixed to cheeses covered by contract.5. Without prejudice to Article 2 (1) (d), on entry into storage, the
competent bodies shall conduct checks in particular to ensure thatproductsstoredareeligiblefortheaidandtopreventanypossibilityofsubstitution of products during storage under contract.
6. The national authorities responsible for controls shall undertake:
(a) an unannounced check to see that the products are present in the
store.Thesampleconcernedmustberepresentativeandmustcorre-spond to at least 10% of the overall quantity under contract for aprivate storage aid measure. Such checks must include, in additionto an examination of the accounts referred to in paragraph 3, aphysicalcheckoftheweightandtypeofproductandtheiridentifi-cation. Such physical checks must relate to at least 5% of thequantity subject to the unannounced check;
(b) achecktoseethattheproductsarepresentattheendofthestorage
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 on checks must be signed by the official responsible and
countersigned by the contractor or, where applicable, by the storeoperator.
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8. Inthecaseofirregularitiesaffectingatleast5%ofthequantitiesofproductssubjecttothechecksthelattershallbeextendedtoalargersample to be determined by the competent body.
The Member States shall notify such cases to the Commission within
four weeks.
9. The Member States may provide that the costs of checks will be
borne partly or fully by the contractor.
Article 6
Member States shall communicate to the Commission on or before the
Tuesday of each week:
(a) the quantity of cheese for which storage contracts have been
concluded during the previous week;
(b) any quantities in respect of which the authorization referred to in
the second indent of Article 2 (d) has been given.
Article 7
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 15 May 1995.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.