1990R3444 — EN — 17.05.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No3444/90
of27November1990
layingdowndetailedrulesforgrantingprivatestorageaidforpigmeat
(OJ L 333, 30.11.1990, p. 22)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EC) No 3533/93 of 21 December 1993 L 321 9 23.12.1993
►M2CommissionRegulation(EC) No 851/2003 of 16 May 2003 L 123 7 17.5.2003
NB: ThisconsolidatedversioncontainsreferencestotheEuropeanunitofaccountand/ortheecu,whichfrom1January1999
shouldbeunderstoodasreferencestotheeuro—CouncilRegulation(EEC)No3308/80(OJL345,20.12.1980,p.1)and
CouncilRegulation(EC)No1103/97(OJL162,19.6.1997,p.1).
▼B
COMMISSIONREGULATION(EEC)No3444/90
of27November1990
laying down detailed rules for granting private storage aid for
pigmeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October
1975 onthe commonorgan izationof the market inpigmeat (1), as last
amended by Regulation (EEC) No 1249/89 (2), and in particular Arti-
cles 5(4) and 7(2) and the second subparagraph of Article 22 thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 onthe rates of exchan ge to be applied inagriculture (3), as last
amended by Regulation (EEC) No 2205/90 (4), and in particular Arti-
cles 5(3) and 12 thereof,
Whereas detailed rules for granting private storage aid for pigmeat
must be adopted in addition to the general rules laid down by CouncilRegulation(EEC) No 2763/75 (
5);
Whereas, if it is to achieve its purpose, such aid should be granted only
to natural or legal persons established in the Community whose activ-
ities and experience in the sector offer sufficient certainty that storagewill be effected in a satisfactory manner and who have adequate coldstorage capacity withinthe Commun ity;
Whereas, for the same reason, aid should be granted only for the
storage of products in frozen condition, of sound and fair merchantablequality and of Community origin as defined by Commission Regulation(EEC) No 964/71 (
6), with a level of radioactivity not exceeding the
maximum levels permitted under Council Regulation (EEC) No 737/90 of 22 March 1990 on the conditions governing imports of agricul-
tural products originating in third countries following the accident at
the Chernobyl nuclear power station (
7);
Whereas the market situation and its future development could make it
opportune to invite the contracting party to designate his stocks forexport from the moment of placing in storage and that it is appropriate
under this hypothesis to determine the conditions under which the meat
which is the object of a storage contract could be simultaneouslyplaced under the regime as referred to in Article 5 of Council Regula-tion (EEC) No 565/80 of 4 March 1980 on the advance payment ofexport refunds in respect of agricultural products (
8), as amended by
Regulation(EEC) No 2026/83(9), in order to benefit from advance
payment of export refunds;
Whereas, to make the scheme more effective, contracts must relate to a
certain minimum quantity, differentiated by product, as appropriate andthe obligations to be fulfilled by the contracting party, in particular
those enabling the intervention agency to make an effective inspection
of storage conditions, must be specified;
Whereas the amount of the security designed to ensure compliance
with the contractual obligations should be fixed at a percentage of theamount of the aid;1990R3444 — EN — 17.05.2003 — 002.001 — 2
(1) OJ No L 282, 1. 11. 1975, p. 1.
(2) OJ No L 129, 11. 5. 1989, p. 12.
(3) OJ No L 164, 29. 6. 1985, p. 1.
(4) OJ No L 201, 31. 7. 1990, p. 9.
(5) OJ No L 282, 1. 11. 1975, p. 19.
(6) OJ No L 104, 11. 5. 1971, p. 12.
(7) OJ No L 82, 29. 3. 1990, p. 1.
(8) OJ No L 62, 7. 3. 1980, p. 5.
(9) OJ No L 199, 22. 7. 1983, p. 12.
▼B
Whereas, pursuant to Commission Regulation (EEC) No 2220/85 of 22
July 1985 laying down common detailed rules for the application of thesystem of securities for agricultural products (
1), as last amended by
Regulation(EEC) No 3745/89 (2), the primary requirements to be met
for the release of the security should be defined; whereas storing thecontracted quantity for the agreed period constitutes one of the primaryrequirements for the granting of private storage aid for pigmeat;whereas, to take account of commercial practice and for practical
reasons, a certain tolerance in respect of the said quantity should be
permitted;
Whereas a measure of proportionality should apply in the release of the
security and the granting of aid where certain requirements relating tothe quantities to be stored are not met;
Whereas, inorder to improve the efficien cy of the scheme, the
contracting party should be enabled to receive an advance payment ofaid subject to a security and rules should be laid down regarding the
submission of applications for aid, the supporting documents to be
produced and the time limit for payment;
Whereas, pursuant to Article 5 of Regulation (EEC) No 1676/85, it
should be specified that, inthe case of private storage aid, the operativeevent to determine the amount of the security and the aid in nationalcurrency is the day of conclusion of the storage contract or the finalday for submission of tenders in response to an invitation to tender;
Whereas previous experience with other schemes for private storage of
agricultural products has shown the need to specify to what extent
Council Regulation (EEC, Euratom) No 1182/71(
3) applies to the
determination of periods, dates and time limits referred to under suchschemes and to define precisely the dates when contractual storagebegins and ends;
Whereas, inparticular, Article 3(4) of Regulation(EEC, Euratom)
No 1182/71 specifies that where the last day of a period is a public
holiday, Sunday or Saturday, the period should end on the expiry of
the last hour of the following working day; whereas the application ofthis provision to storage contracts may not be in the interest of storersand may even result in inequality of treatment; whereas, therefore, aderogationshould be made with regard to the determin ationof the last
day of storage under contract;
Whereas provisionshould be made for a measure of proportion ality in
the granting of aid where the storage period is not fully observed;
whereas provisionshould also be made for the storage period to beshortened where meat removed from storage is intended for export;whereas proof that the meat has beenexported must be supplied, as inthe case of refunds, in accordance with Commission Regulation (EEC)
No 3665/87 of 27 November 1987 laying down common detailed rules
for the applicationof the system of export refun ds onagriculturalproducts (
4), as last amended by Regulation (EEC) No 1615/90 (5);
Whereas Article 4 (1) of Regulation(EEC) No 2763/75 provides that
the amount of aid for private storage may be determined by means ofa tendering procedure; whereas Articles 4 and 5 of the same Regulationcontain rules to be observed in connection with this procedure;
whereas, however, more detailed rules are necessary for that purpose;
Whereas the purpose of the tendering procedure is to determine the
amount of the aid; whereas, in the selection of successful tenderers,preference should be given to those most advantageous for theCommunity; whereas, therefore, a maximum amount of aid may beset for which tenders would be accepted; whereas, if no tender isacceptable, none need be accepted;1990R3444 — EN — 17.05.2003 — 002.001 — 3
(1) OJ No L 205, 3. 8. 1985, p. 5.
(2) OJ No L 364, 14. 12. 1989, p. 54.
(3) OJ No L 124, 8. 6. 1971, p. 1.
(4) OJ No L 351, 14. 12. 1987, p. 1.
(5) OJ No L 152, 16. 6. 1990, p. 33.
▼B
Whereas provisionshould be made for a system of checks to en sure
that aid is not granted unduly; whereas for this purpose it is appropriatethat the Member States make checks appropriate to the various stages
of storage;
Whereas there is reason to prevent and to sanction against irregularities
and fraud; whereas for this purpose, it is appropriate to exclude in thecase of false declaration the contracting party from the granting of aidsfor private storage for the calendar year following that of the constitu-
tionof a false declaration ;
Whereas, to give the Commissionanoverall view of the effect of the
private storage scheme, the Member States should supply it with thenecessary information;
Whereas CommissionRegulation(EEC) No 1092/80 of 2 May 1980
laying down detailed rules for granting private storage aid for
pigmeat (
1), as last amended by Regulation (EEC) No 3498/88(2), has
been amended substantially; whereas, now that further amendments areto be made, the relevant legislation should be entirely recast; whereas,however, the new provisions should apply only to contracts concludedafter the entry into force of this Regulation;
Whereas the Management Committee for Pigmeat has not delivered an
opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The grant of private storage aid, as provided for in Article 3 of Regula-
tion (EEC) No 2759/75, shall be subject to the conditions set out in thisRegulation.
TITLE I
GENERALPROVISIONS
Article 2
1. Contracts for the private storage of pigmeat shall be concluded
between the intervention agencies of the Member States and natural orlegal persons, hereafter referred to as the ‘contracting party’:
— carrying on business in the meat and livestock sectors since at least
twelve months and officially registered in a Member State,
and
— having suitable storage facilities at their disposal within the
Community.
2. Private storage aid may be granted only for fresh meat of sound
and fair merchantable quality coming from animals raised in theCommunity since at least the last two months and slaughtered notmore thantendays before the date onwhich the products are placedinstorage as referred to inArticle 4 (2).
3. No meat with a radioactive content exceeding the maximum
levels permitted under Community regulations may be the subject of a
storage contract. The levels applicable to products of Communityoriginshall be as fixed inArticle 3 of Regulation(EEC) No 737/90.The level of radioactive contamination of the product shall be checkedonly if the situation so requires and for the necessary period. Where
necessary, the duration and scope of the checks shall be determined in
accordance with the procedure laid down in Article 24 of Regulation(EEC) No 2759/75.1990R3444 — EN — 17.05.2003 — 002.001 — 4
(1) OJ No L 114, 3. 5. 1980, p. 22.
(2) OJ No L 306, 11. 11. 1988, p. 32.
▼B
4. Contracts may not relate to less than a minimum quantity to be
determined for each product.
5. The meat must be placed instorage infresh state an d stored in
frozenstate.
Article 3
1. Contract applications or tenders, and contracts shall relate to only
one of the products for which aid may be granted.
2. Contract applications or tenders shall not be acceptable unless
they include the particulars referred to in paragraph 3 (a), (b), (d) and(e), and proof has been furnished that a security has been provided.
3. Contracts shall include the following particulars:
(a) a declaration by which the contracting party engages himself to
place in storage and to stock products which fulfill the conditionsas referred to inArticle 2 (2) an d (3);
(b) the description and the quantity of the product to be stored;
(c) the time limit for placing in storage, referred to in Article 4 (3), of
the total quantity referred to under (b);
(d) the durationof storage;
(e) the amount of the aid per unit of weight;
(f) the amount of the security;
(g) a provision enabling the storage period to be shortened or extended
uner (SIC! under) the conditions laid down in Community regula-
tions.
4. Contracts shall impose at least the following obligations on the
contracting party:
(a) to place the agreed quantity of product in storage within the time
limits laid down in Article 4 and to store it at his own risk andexpense in conditions ensuring the maintenance of the characteris-tics of the products referred to inArticle 2 (2) for the con tractual
period, without altering, substituting or transferring to another
warehouse the stored products; however, in exceptional cases andon duly motivated request the intervention agency may authorize arelocationof the stored products;
(b) to advise the intervention agency with which he has concluded the
contract, in due time before the entry into storage of each indivi-
dual lot, within the meaning of the second subparagraph of Article4 (1), of the date and place of storage as well as the nature andquantity of the product to be stored; the intervention agency mayrequire that this information is given at least two working days
before the placing in storage of each individual lot;
(c) to send to the intervention agency the documents relating to the
operations for placing in storage not later than 1 month after thedate referred to inArticle 4 (3);
(d) to store the products in accordance with the requirements for iden-
tificationreferred to inArticle 13 (4);
(e) to permit the agency to check at any time that all the obligations
laid down in the contract are being observed.
Article 4
1. Placing in storage must be completed not later than 28 days after
the date of conclusion of the contract.
The products may be placed instorage inin dividual lots, each lot
representing the quantity placed in storage on a given day by contractand by warehouse.
2. Placing in storage begins, for each individual lot of the contrac-
tual quantity, on the day on which it comes under the control of theintervention agency.1990R3444 — EN — 17.05.2003 — 002.001 — 5
▼B
That day shall be the day onwhich the n et weight of the fresh or
chilled product is determined,
— at the place of storage, where the meat is frozenonthe premises,
— at the place of freezing, where the meat is frozen in suitable facil-
ities outside the place of storage.
However, inthe case of bon eless products placed instorage, weighin g
may be done at the place of boning.
The determination of weights of products to be placed in storage shall
not take place before the conclusion of a contract.
3. Placing in storage ends on the day on which the last lot of the
contractual quantity is placed in storage.
That day shall be the day on which all the products under contract have
entered the place of final storage, whether fresh or frozen.
4. Whenthe products placed instorage are put un der the regime laid
downinArticle 5 (1) of Regulation(EEC) No 565/80:
— notwithstanding Article 28 (5) of Regulation (EEC) No 3665/87,
the time limit provided for by that provisionis in creased to coverthe duration of the maximum period under contractual storage,
increased by one month;
— Member States may require that the placing in storage and the
placing under the regime as referred to in Article 5 (1) of Regula-tion (EEC) No 565/80 shall commence simultaneously. In this casewhen a contract for private storage is concluded for a quantitywhich consists of several lots which are placed in storage on
different dates, each of the said lots may be the subject of a sepa-
rate payment declaration. The payment declaration as referred to inArticle 25 of Regulation(EEC) No 3665/87 shall be submitted foreach lot onthe day of its en try instorage.
Article 5
1. The amount of the security referred to in Article 3 (2) shall not
exceed 30 % of the amount of aid applied for.
2. The primary requirements within the meaning of Article 20 (2) of
Regulation(EEC) No 2220/85 shall be:
— not to withdraw a contract application or a tender;
— to keep in storage at least 90 % of the contractual quantity for the
contractual storage period, at the contracting party's own risk and
under the conditions referred to in Article 3 (4) (a), and
— where Article 9 (4) applies, to export the meat inaccordan ce with
one of the three possibilities listed there.
3. Subject to Article 9 (4) of this Regulation, Article 27 (1) of Regu-
lation(EEC) No 2220/85 shall n ot apply.
4. Securities shall be released immediately where contract applica-
tions or tenders are not accepted.
5. Where the time limit for placing in storage, as referred to in
Article 4 (1), is exceeded, the security shall be forfeit inaccordan ce
with Article 23 of Regulation(EEC) No 2220/85.
Subject to the provisions of Article 6 (3), if the time limit under Article
4 (1) is exceeded by more than 10 days, the aid shall not be granted.
Article 6
1. The aid shall be fixed per unit of weight and shall relate to the
weight determined in accordance with Article 4 (2).
2. Subject to paragraph 3 hereafter and Article 9 (4), contracting
parties shall be entitled to aid if the primary requirements referred toinArticle 5 (2) are met.1990R3444 — EN — 17.05.2003 — 002.001 — 6
▼M1
▼B
▼B
3. Aid shall be paid at most for the contractual quantity provided.
If the quantity actually stored during the contractual storage period is
less than the contractual quantity and:
(a) not less than 90 % of that quantity, the aid shall be reduced propor-
tionately;
(b) less than90 % but n ot less than80 % of that quan tity, the aid for
the quantity actually stored shall be reduced by half;
(c) less than 80 % of that quantity, the aid shall not be paid.
4. After three months of storage under contract, a single advancepayment may be made, at the contracting party's request, providedthat he lodges a security equal to the advance payment plus 20 %.
The advance payment shall not exceed the amount of aid corresponding
to a storage period of three months. Where products under contract are
exported in accordance with Article 9 (4) prior to the advance payment,the actual storage period for those products shall be taken into accountwhen calculating the amount of advance payment.
Article 7
1.Exceptincasesofforcemajeure theapplicationforpaymentof
the aid and the supporting documents must be lodged with the compe-tent authority within six months following the end of the maximumperiod of contractual storage. Where the supporting documents couldnot be produced within the stipulated time limit although the
contracting party acted promptly to obtain them on time, additional
time limits, which may not exceed a total of six months, may begranted for their production. Where Article 9 (4) is applied, the neces-sary proof must be produced withinthe time limits specified inArticle47 (2), (4), (6) and (7) of Regulation (EEC) No 3665/87.
2.Subjecttothecasesofforcemajeure referredtoinArticle10and
in cases where an inquiry was opened into entitlement to the aid, the
aid shall be paid by the competent authority as soon as possible and
not later than three months from the day of deposit of an applicationfor payment, with the required supporting documents, by thecontracting party.
3. If the requirements laid down in paragraph 1 are not complied
with, no aid shall be paid in respect of the contract concerned and the
entire security for that contract shall be forfeit.
Article 8
The conversion rate to be applied:
— to the amounts of aid shall be the agricultural conversion rate in
force onthe day referred to inArticle 9 (2),
— to the amounts of securities shall be the agricultural conversion rate
inforce onthe day onwhich the security is lodged with the in ter-
vention agency.
Article 9
1. The periods, dates and time limits referred to in this Regulation
shall be determined in accordance with Regulation (EEC, Euratom)
No 1182/71. However, Article 3 (4) of that Regulationshall n ot apply
to the determination of the storage period as referred to in Article 3 (3)(d) of this Regulation or as amended under Article 3 (3) (g) or underparagraph 4 of this Article.
2. The first day of the contractual storage period shall be the first
day following that on which placing in storage was completed.
3. Removal from storage may commence on the day following the
last day of the contractual storage period.1990R3444 — EN — 17.05.2003 — 002.001 — 7
▼M2
▼M1
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4. On the expiry of a storage period of two months, the contracting
party may remove from storage all or part of the quantity of productsunder a given contract, subject to a minimum of 5 tonnes per
contracting party and per warehouse or, if less than this quantity is
available, the total quantity under contract in a warehouse, providedthat, within60 days followin g their removal from storage, the productshave:
— left the Community's customs territory without further processing,
— reached their destination without further processing, in the cases
referred to inArticle 34 (1) of Regulation(EEC) No 3665/87,
or
— been placed without further processing in a victualling warehouse
approved pursuant to Article 38 of Regulation (EEC) No 3665/87.
The contractual storage period shall end for each individual lot
intended for export on the day before
— the day of removal from storage,
or
— the day of acceptance of the export declaration, where a product has
not been moved.
The amount of aid shall be reduced in proportion to the reduction in
the storage period according to the amounts fixed in accordance withArticle 3 of Regulation(EEC) No 2763/75.
For the purposes of this paragraph, proof of export shall be offered in
accordance with Articles 7 and 8 of Regulation (EC) No 800/1999 inthe case of products qualifying for a refund.
In the case of products not qualifying for a refund, proof of export shall
be offered inthe cases provided for inArticle 8 of Regulation(EC) No800/1999 by producing the original T5 control copy, in accordancewith Articles 912a, 912b, 912c, 912e and 912g of Regulation (EEC)No 2454/93. One of the following entries must be made in box 107 of
the control copy when it is being drawn up:
— Reglamento (CEE) n
o3444/90
— Forordning (EØF) nr. 3444/90— Verordnung (EWG) Nr. 3444/90
—Κανονισµός (ΕΟΚ) αριθ. 3444 /90
— Regulation(EEC) No 3444/90— Règlement (CEE) n
o3444/90
— Regolamento (CEE) n. 3444/90
— Verordening (EEG) nr. 3444/90— Regulamento (CEE) n.
o3444/90
— Asetus (ETY) N:o 3444/90
— Förordning (EEG) nr 3444/90.
5. Where paragraphes 3 and 4 of this Article are applied, the
contracting party shall advise the intervention agency in good time
before the intended commencement of removal from storage; the inter-vention agency may require that this information is given at least twoworking days before that date.
Where the obligation to notify the intervention agency is not complied
with but where sufficient evidence has been furnished, within 30 daysfollowing removal from the warehouse, to the satisfaction of thecompetent authority as to the date of removal from storage and thequantities concerned:
— the aid shall be granted, without prejudice to Article 6 (3),
and
— 15 % of the security shall be declared forfeit inrespect of the quan -
tity concerned.
For all other cases of non-compliance with this requirement:1990R3444 — EN — 17.05.2003 — 002.001 — 8
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— no aid shall be paid in respect of the contract concerned,
and
— the whole of the security shall be declared forfeit inrespect of the
contract concerned.
6. Subject to the cases of force majeure referred to inArticle 10,
where the contracting party fails to respect the end of the contractualstorage period or the two-month time limit referred to in paragraph 4for the totality of the quantity stored, each calendar day of non-compli-ance shall entail a reduction of 10 % in the amount of aid for thecontract in question.
Article 10
Incasesofforcemajeure wheretheperformanceofthecontractual
obligations of a contracting party are affected, the competent authorityof the Member State concerned shall decide on the measures which itdeems necessary having regard to the circumstances invoked. ThatauthorityshallinformtheCommissionofeachcaseofforcemajeure
and of the action taken in respect thereof.
TITLE II
SPECIALPROVISIONS
Article 11
Where the aid if fixed at a flat rate inadvan ce:
(a) the contract application must be lodged with the competent inter-
vention agency in accordance with Article 3 (1) and (2);
(b) Decisions on applications to conclude contracts shall be notified by
the competent intervention agency to each applicant by registered
letter, telex or telefax, or delivered against an acknowledgementof receipt, on the fifth working day following the day on which
the applicationis submitted, provided that the Commissiondoes
not adopt special measures in the intervening period.
Where anexamin ationof the situationreveals that excessive use
has been made of the scheme introduced by this Regulation, or if
there is a risk of excessive use, such measures may include:
— suspending the application of this Regulation for not more than
five working days. In that event, applications to conclude
contracts submitted during that period shall not be accepted,
— setting a single percentage by which the quantities in the appli-
cations to conclude contracts are reduced, subject to observanceof the minimum contractual quantity where appropriate,
— rejecting applications made before the period of suspension
whose acceptance would have been decided on during theperiod of suspension.
Where the applicationis accepted, the con tract shall be deemed to havebeen concluded on the day of departure of the notification of the deci-sion referred to in the first subparagraph under (b). The interventionagency shall specify the date referred to in Article 3 (3) (c) accord-ingly.
Article 12
1. Where the aid is granted by tender:
(a) the Commission shall announce in the Official Journal of the
European Communities the opening of a procedure to tender, speci-
fying in particular the products to be stored, the time limit (dateand hour) for the submission of tenders and the minimum quanti-
ties inrespect of which a ten der may by submitted;
(b) tenders must be made in ecus and submitted to the intervention
agency concerned in accordance with Article 3 (1) and (2);1990R3444 — EN — 17.05.2003 — 002.001 — 9
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(c) tenders shall be examined in private session by the appropriate
agencies of the Member States; persons present at the examinationshall be swornto secrecy;
(d) tenders submitted must be forwarded anonymously to the Commis-
sionby way of the Member States, to arrive n ot later thanthesecond working day following the final date for submission as
specified in the invitation;
(e) where no tenders are submitted, Member States shall inform the
Commissionof this withinthe time limit as specified un der (d);
(f) onthe basis of the ten ders received, the Commissionshall decide
inaccordan ce with the procedure laid downinArticle 24 of Regu-lation(EEC) No 2759/75, either to fix a maximum amoun t of aid,
taking account of the conditions laid down in Article 4 (2) of
Regulation(EEC) No 2763/75, or to make n o award;
(g) where a maximum amount of aid is fixed, tenders not exceeding
this amount shall be accepted.
2. Within five working days following the day on which the
Member States are notified of the Commission's decision, the interven-tion agency concerned shall inform all tenderers of the decision takenby registered letter, by telex, by telefax or against written acknowl-edgement.
Where a tender is accepted, the contract shall be deemed to have been
concluded on the date of departure of the notification of the interven-tion agency to the tenderer as referred to in the first subparagraph. Theintervention agency shall specify the date referred to in Article 3 (3) (c)accordingly.
TITLE III
CHECKINGANDSANCTIONS
Article 13
1. Member States shall ensure that the conditions giving rise to enti-
tlement to aid are fulfilled. For this purpose they shall designate the
national authority to be responsible for checking storage operations.
2. The contracting party shall make available to the authority
charged with the checking operations of all documentation, for eachcontract, permitting in particular the following information on theproducts placed inprivate storage to be verified:
(a) the ownership at the time of placing in storage;
(b) the date of placing in storage;
(c) the weight and the number of boxes or pieces otherwise packaged;
(d) the presence of products in the warehouse;
(e) the calculated date of the end of the minimum contractual storage
period and, where Article 9 (4) or (6) is applied, completed by theactual date of removal.
3. The contracting party or, where applicable, the operator of the
warehouse, shall keep stock accounts available at the warehousecovering, by contract number:
(a) the identification of the products placed in private storage;
(b) the date of placing in storage and the calculated date of the end of
the minimum contractual storage period, completed by the actualdate of removal from storage;
(c) the number of half-carcases, boxes or other pieces stored individu-
ally, a descriptionof the products an d the weight of each pallet orthe other pieces stored individually, registered, where applicable,by individual lots;
(d) the locationof the products inthe warehouse.
4. Products stored must be easily identifiable and must be identified
individually by contract. Each pallet and, where applicable, each piece1990R3444 — EN — 17.05.2003 — 002.001 — 10
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individually stored must be marked so that the contract number, the
description of the product and the weight are shown. The date ofplacing in storage must be shown on each individual lot placed in
storage ona givenday.
Whenthe products are placed instorage, the authority charged with the
checking operations shall verify the identification referred to in the firstsubparagraph and may seal the products in storage.
5. The authority charged with the checking operations shall under-
take:
(a) for each contract, a check on the compliance with all the obliga-
tions laid down in Article 3 (4);
(b) an obligatory check to ensure that the products are present in the
warehouse during the final week of the contractual storage period;
(c) — either the sealing of all the products stored under a contract in
accordance with the second sub-paragraph of paragraph 4
or
— an unannounced sample check to ensure that the products are
present in the warehouse. The sample taken must be representa-
tive and must correspond to at least 10 % of the overallquantity placed in storage in each Member State under a privatestorage aid measure. Such checks shall include, in addition toan examination of the accounts referred to in paragraph 3, aphysical check of the weight and type of the products and their
identification. Such physical checks must relate to at least 5 %
of the quantity subject to the unannounced check.
The sealing or handling costs of the check are borne by the contracting
party.
6. Checks pursuant to paragraph 5 must be the subject of a report
stating:
— the date of the check,
— its duration
and
— the operations conducted.
The report on the check must be signed by the official responsible and
countersigned by the contracting party or, where applicable, by theoperator of the warehouse and must be included in the payment file.
7. In the case of significant irregularities affecting at least 5 % of
the quantities of products covered by a single contract subject to the
checks, the verificationshall be exten ded to a larger sample to bedetermined by the authority responsible for the checks.
Member States shall notify such cases to the Commission within four
weeks.
Article 14
In the case where it is established and verified by the responsible
authority charged with checking operations that the declaration asreferred to inArticle 3 (3) (a) is a false declarationmade either delib-erately or through serious negligence, the contracting party in questionshall be excluded from the private storage aid regime until the end ofthe calendar year following that of this finding.
TITLE IV
FINALPROVISIONS
Article 15
1. Member States shall inform the Commission of all provisions
adopted inapplicationof this Regulation .1990R3444 — EN — 17.05.2003 — 002.001 — 11
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2. Member States shall notify the Commission by telex or by
telefax:
(a) on Monday and Thursday of each week, of the quantities of
products for which applications to conclude contracts have been
submitted;
(b) before Thursday of each week and broken down by storage period,
of the products and quantities for which contracts have beenconcluded during the preceding week, giving a summary of the
products and quantities for which contracts have been concluded;
(c) every month, of the products and total quantities placed in storage;
(d) every month, of the products and total quantities actually in storage
and of the products and total quantities in respect of which the
contractual storage period has ended;
(e) every month, if the storage period has been shortened or extended
in accordance with Article 3 (3) (g) or reduced in accordance with
Article 9 (4) or (6), of the products and quantities in respect of
which the storage period has been revised and of the original andrevised months for removal from storage.
3. The applicationof the measures provided for inthis Regulation
shall be subject to regular examination in accordance with the proce-dure laid downinArticle 25 of Regulation(EEC) No 2759/75.
Article 16
1. Regulation(EEC) No 1092/80 is hereby repealed.2. References to the Regulation repealed by paragraph 1 shall be
construed as references to this Regulation.
References to Articles of Regulation (EEC) No 1092/80 are to be read
in accordance with the correlation table given in the Annex.
Article 17
This Regulation shall enter into force on the day following that of its
publicationinthe Official Journal of the European Communities .
It shall apply to contracts concluded as from that date.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1990R3444 — EN — 17.05.2003 — 002.001 — 12
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ANNEX
CORRELATION
Regulation(EEC) No 1092/80 This Regulation
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3 (3) and (4)
Article 4 Article 3 (1) and (2)
— Article 4
Article 5 Article 5
Article 6 Article 6
— Article 7
Article 7 Article 8
Article 8 Article 9
Article 9 Article 10
Article 10 Article 11Article 11 Article 12
— Article 13
— Article 14
Article 12 Article 15
Article 13 Article 16
Article 14 Article 171990R3444 — EN — 17.05.2003 — 002.001 — 13