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"BCOMMISSION REGULATION (EEC) No 3149/92
of 29 October 1992
laying down detailed rules for the supply of food from intervention stocks for the benefit of the most
deprived persons in the Community
(OJ L 313, 30.10.1992, p. 50)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 3550/92 of 9 December 1992 L 361 19 10.12.1992
"M2 Commission Regulation (EEC) No 2826/93 of 15 October 1993 L 258 11 16.10.1993
"M3 Commission Regulation (EC) No 267/96 of 13 February 1996 L 36 2 14.2.1996
"M4 Commission Regulation (EC) No 2760/1999 of 22 December
1999L 331 55 23.12.1999
"M5 Commission Regulation (EC) No 1098/2001 of 5 June 2001 L 150 37 6.6.2001
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).1992R3149 — EN — 09.06.2001 — 003.001 — 1
COMMISSION REGULATION (EEC) No 3149/92
of 29 October 1992
laying down detailed rules for the supply of food from intervention
stocks for the benefit of the most deprived persons in the Community
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 3730/87 of 10 December
1987 laying down the general rules for the supply of food from
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 to be 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, the
implementing rules laid down by Commission Regulation (EEC) No
3744/87 (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 distribution
plan for products from intervention stocks drawn up by the Commission
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 the need 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 be
achieved by the supply of agricultural products and foodstuffs beloging
(SIC! belonging) to the same category of products placed on the
Community market; whereas in such cases supply is reimbursed in the
form 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 subject to
a specific operation, there should be a call for tenders to determine the
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 of
products withdrawn from intervention stores for the purposes of EAGGF ,
Guarantee Section, expenditure should also be laid down, along with the
rules to be applied in the even that stocks are transferred from one
Member State to another;!B
(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. 32.1992R3149 — EN — 09.06.2001 — 003.001 — 2
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 conversion 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 rate should be used,
while applying the correcting factor referred to in Article 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 a rate to be published;
Whereas the purpose of these arrangements and the nature of the
intervention product transfers justifies the non-application of the
monetary compensatory amounts and, where necessary, the rules for
applying the supplementary trade mechanism provided for by the Act of
Accession 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 accordance
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 than
15 February preceding the period of implementation of the annual plan
referred 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 in question;
(b) the form in which the products are to be distributed to the recipients;
(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 Commission shall
take account of the best estimates of the number of most deprived
persons in the Member States concerned. It shall also take account of
how operations were carried out and the uses to which resources were put
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 most deprived
persons in the Community.!B
(1) OJ No L 310, 21. 11. 1985, p. 1.
(2) OJ No L 310, 9. 11. 1990, p. 18.!M3
!B1992R3149 — EN — 09.06.2001 — 003.001 — 3
!M3
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 be
temporarily unavailable among the stocks held by the inter-
vention 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 notification
referred to in Article 1 (2), secondly of the quantities not
available 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
determined in accordance with Article 5 (1);
(d) where appropriate, a grant for purchase on the Community
market of one or more products, not available from the Member
State where they are required, where the intra-Community
transfer necessary to carry out the plan in that Member State
would be in respect of a quantity of 60 tonnes or less of each
product 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 charitable
organisations may continue until 31 October of the year of implemen-
tation.
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 appropriate
information. Where substantiated changes concern 5 % or more of the
quantities or values entered per product in the Community distribution
plan, the plan shall be revised.
3. The Member States shall inform the Commission immediately of
foreseeable reductions in expenditure on applying the plan. The
Commission may allocate the unused resources to other Member States
on the basis of their applications and their actual use of products made
available and allocations made during previous financial years.
Article 4
1. Implementation of the plan shall involve:
(a) the supply of products withdrawn from intervention stocks;!B
!M3
!M5
!M31992R3149 — EN — 09.06.2001 — 003.001 — 4
(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
intervention 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 net
weight 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
intervention stocks for supply purposes in application of Article 2 (3)
(1) (b), including quantities to be transferred in application of Article
7, have already been allocated. The competent national authority
shall inform the Commission of the opening of mobilization
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 obtained by
the use of products from intervention stocks supplied in payment
for such products,
— or the quantity of processed agricultural products or foodstuffs
available or obtainable on the market by supplying for payment
products belonging to the same group of products from
intervention stocks.
Where the supply involves the processing and/or packaging of the
product, the invitation to tender shall refer to the obligation of the
successful bidder to lodge a security to the benefit of the
intervention agency in accordance with Title 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, the principle requirement is that the product should be
supplied to the destination laid down; this subparagraph does not
apply where the product 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
Community market, the competent national authority shall issue an
invitation to tender to determine the most advantageous conditions
of supply. The invitation to tender shall specify precisely the nature
and characteristics of the product or foodstuff to be mobilized,
specifications concerning packaging and marking and other
obligations associated with the supply.
The invitation to tender shall concern all the supply charges and shall
call for the submission of tenders concerning, according to case:
— the maximum quantity of the agricultural product or foodstuff to
be mobilized on the market for a monetary amount fixed in the
notice,!M3
(1) OJ No L 205, 3. 8. 1985, p.5.1992R3149 — EN — 09.06.2001 — 003.001 — 5
— 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 to
tender 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 of
notices 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 the
models of the invitations to tender used to allocate the different types of
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,
packaging and marking. They shall also include a provision to the effect
that if the quality, packaging or marking of the products noted at the time
fixed for their supply does not correspond exactly to what was stipulated,
but does not prevent the goods from being accepted for their intended
use, the competent authorities can apply reductions when calculating the
amoung payable.
Article 5
1. For EAGGF Guarantee Section accounting purposes, and notwith-
standing the provisions of Article 8 of Council Regulation (EEC) No
1883/78 (
1), the accounting value of the products made available from
intervention under this Regulation shall be the intervention price
applicable on 1 October of each year.
Conversion into national currency of the accounting value of the
products made available from intervention shall be carried out using the
agricultural conversion rate applicable on the 1 October of the year of
implementation of the plan.
In the case of beef, the intervention price shall be subject to the
coefficients set out in Annex I.
2. Where intervention products are transferred from one Member State
to another, the supplier Member State shall record the product delivered
as a zero entry in the accounts and the Member State of destination shall
record it as a receipt in the month of dispatch, using the price and rate
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 distribute the
products shall be reimbursed for transport costs on the territory of the
Member State between the storage depots of the charitable organisations
and the points of distribution to the beneficiaries.!M3
(1) OJ No L 216, 5. 8. 1978, p. 1.!M4
!B
!M2
!B
!M41992R3149 — EN — 09.06.2001 — 003.001 — 6
3. Administrative costs generated by the supplies provided for in this
Regulation shall, on duly substantiated application to the competent
authority in each Member State, be reimbused to the charitable
organizations subject to a limit of 1 % of the value of the products
made 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 available
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
intervention in the Member State where such products are required, the
Commission shall authorise, in accordance with the procedure laid down
in Article 6 of Regulation (EEC) No 3730/87, the transfer of the product
in question from a Member State in which it is present in intervention
stocks to the Member State where it will be used to implement the plan.
The Member State receiving the products shall publish or have published
an invitation to tender to establish the most favourable conditions of
supply. The costs of intra-Community transport shall be the subject 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. 3The application for
reimbursement shall include all necessary supporting documents,
particularly those concerning transport and the distances covered. The
expenditure 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 transport
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
agricultural products or foodstuffs to be supplied and for takeover of the
products from the supplying intervention agency, without transfer to the
applicant Member State. In these circumstances, no intra-Community
transport costs shall be paid to the person awarded the supply contract.
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 Commission
Regulation (EEC) No 2220/85 (1).
For the purposes of Title V of that Regulation, the primary requirement
shall be completion of the supply operation in the Member State of
destination.
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.!B
(1) OJ No L 205,3. 8. 1985, p. 5.!M2
!M4
!M21992R3149 — EN — 09.06.2001 — 003.001 — 7
Dispatch declarations issued by the supplier intervention agency shall
include one of the following inscriptions:
— Transferencia de productos de intervención — aplicación del
apartado 5 del artículo 7 del Reglamento (CEE) no3149/92.
— 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.
—Μεταφ/omikronρά πρ/omikronϊ/omikronacuteντων παρεµ/betatwoάσεως — εφαρµ/omikronγή τ/omikronυ άρθρ/omikronυ
7 παράγραφ/omikronς 5 τ/omikronυ καν/omikronνισµ/omikronύ (Ε/OmikronΚ)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 with the provisions of Article 2 (2) of Commission
Regulation (EEC) No 3597/90 (1).
Article 8
The amounts laid down in Articles 6 (1) and 7 (2) shall be converted into
national currency using the agricultural conversion rate applicable on 1
October of the year in which the plan is carried out.
Article 8a
Requests for payment shall be submitted to the competent authorities of
each Member State within a period of four months following the
completion of the operation in question. A 20 % reduction shall be made
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
mobilization 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’,
— the designated implementing organizations maintain appropriate
accounts and supporting documents and allow the competent
authorities access to them to carry out whatever checks they deem
necessary. "M2The checks carried out on the premises of the!M2
(1) OJ No L 350, 14. 12. 1990, p. 43.!B
!M3
!B1992R3149 — EN — 09.06.2001 — 003.001 — 8
designated organizations shall be concerned with a minimum of 5 %
of the expenditure incurred under the annual plan. 3
The Member States shall take all the measures needed to ensure that theplan is properly implemented and to anticipate and penalise irregular-
ities. To this end they can suspend the participation of operators in the
tendering procedure, depending on the seriousness of any shortcomings
or irregularities observed in the conduct of a previous supply operation 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 territory
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 and goods
obtained by substitution together with the processing coefficients,
— 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 out on the
premises of the final beneficiaries of the plan.
"M3The report shall be
taken into account as a decisive factor when drawing up subsequent
annual plans. 3
Article 11
Regulation (EEC) No 3744/87 is hereby repealed.
Article 12
This Regulation shall enter into force on the day following its publication
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.!B
!M4
!M2
!B1992R3149 — EN — 09.06.2001 — 003.001 — 9
!M4
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 — 09.06.2001 — 003.001 — 10