1992R2174 — EN — 01.09.1995 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2174/92
of30July1992
layingdowndetailedrulesgoverningthegrantofprivatestorageaidforSaoJorgeandIlhacheese
(OJ L 217, 31.7.1992, p. 64)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2.7.1993
►M2Commission Regulation (EC) No 1802/95 of 25 July 1995 L 174 27 26.7.1995
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).
▼B
COMMISSIONREGULATION(EEC)No2174/92
of30July1992
layingdowndetailedrulesgoverningthegrantofprivatestorageaid
forSaoJorgeandIlhacheese
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992 concerning specific measures for the Azores and Madeira relatingto certain agricultural products(
1), and in particular Article 24 (6)
thereof,
Whereas Article 24 (5) of that Regulation provides for the granting of
aid for private storage of São Jorge cheese at least three months old andIlha cheese at least 45 days old, in order to support essential traditionalmilk sector activities in the Azores; whereas the detailed rules for this
provision should in all main points be identical to those for
corresponding provisions for other cheese; whereas the amount of theaid should be set using the same criteria as in the case of theseprovisions;
Whereas in application of Commission Regulation (EEC) No 1600/92,
the regime is applicable from 1 July 1992; whereas it is necessary toprovide for application of the detailed implementing rules from the samedate;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk and MIliProducts,
HAS ADOPTED THIS REGULATION:
Article 1
Private storage aid shall be granted for 1 000tonnes of São Jorge cheese
and 2 000 tonnes of Ilha cheese produced in the Azores. The
requirements of Articles 2 and 3 must be met.
Article 2
1. The responsible agency designated by Portugal shall not conclude
storage contracts unless the following requirements are met:
(a) the quantity of cheese to which the contract relates is not less than
two tonnes;
(b) the cheese was manufactured at least 90 days (São Jorge) or 45 days
(Ilha) before the date specified in the contract as being the date ofcommencement of storage;
(c) the cheese has undergone tests which show that it meets the
condition 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 premises
where the maximum temperature is + 16 ºC,
— not, during the term of the contract, to alter the composition of
the lot which is the subject of the contract without authorization
from the responsible agency. If the condition concerning theminimum quantity for contracts continues to be met, the agencymay authorize an alteration limited to the removal or replace-ment of cheeses found to have deteriorated to such an extent thatthey can no longer be stored.1992R2174 — EN — 01.09.1995 — 003.001 — 2
(1) OJ No L 173, 27. 6. 1992, p. 1.
▼B
In the event of removal from store of certain quantities:
(i) if the aforesaid quantities are replaced with the authorization
of the agency, the contract shall be deemed not to have
undergone any alteration,
(ii) if the aforesaid quantities are not replaced, the contract shall
be deemed to have been concluded ab initio for the quantity
retained.
Any supervisory costs arising from an alteration shall be met by
the storer,
— to keep stock accounts and to inform the agency each week of
the quantity of cheese put into storage during the previous 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; this may not be earlier than the day following that on which
entry of the cheese covered by the contract into storage is
completed;
(b) after completion of entry of the cheese covered by the contract into
storage and at the latest 40 days after the date on which the storagecovered by the contract begins.
Article 3
1. No aid shall be granted in respect of storage under contract for less
than 60 days.
2. The aid payable may not exceed an amount corresponding to 90
days storage under contract. By way of derogation from the second
indent of Article 2 (1) (d), when the period of 60 days specified in
paragraph 1 has elapsed, the storer may remove all or part of thequantity under contract. The minimum quantity that may be removedshall be 500 kilograms. Portugal may, however, increase this quantity totwo 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.
Article 4
1. The amount of aid shall be ECU ►
M23,38◄per tonne per day.
2. The amount of aid in ecus applicable to a storage contract shall be
that applying on the first day of storage under contract.►
M1 ◄
3. Aid shall be paid not later than 90 days from the last day of storage
under contract.
Article 5
The periods, dates and time-limits mentioned in this Regulation shall be
determined in accordance with Regulation (EEC, Euratom) No 1182/71(
1). However, Article (4) of that Regulation shall not apply for
determination of the duration of storage under contract.
Article 6
1. Portugal shall ensure that the conditions granting entitlement to
payment of the aid are fulfilled.
2. The contractor shall make available to the national authorities
responsible for verifying execution of the measure all documentation
permitting the following particulars of products placed in private storage
to be verified:
(a) ownership at the time of entry into storage,1992R2174 — EN — 01.09.1995 — 003.001 — 3
(1) OJ No L 124, 8. 6. 1971, p. 1.
▼B
(b) origin and date of manufacture of the cheeses,
(c) date of entry into storage,
(d) presence in the store,
(e) date of removal from storage.
3. The contractor or, where applicable, the operator of the store shall
keep stock accounts available at the store, covering:
(a) identification, by contract number, of products placed in private
storage,
(b) the dates of entry into and removal from storage,
(c) the number of cheeses in each lot and their weight,
(d) the location of the products in the store.
4. Products stored must be easily identifiable by contract. A special
mark shall be affixed to cheese covered by a contract.
5. Without prejudice to Article 2 (1) (d), on entry into storage, the
responsible agency shall conduct checks in particular to ensure thatproducts stored are eligible for the aid and to prevent any possibility ofsubstitution 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. The sample concerned must be representative and mustcorrespond to at least 10 % of the overall quantity under contract fora private storage aid measure. Such checks must include, in additionto an examination of the accounts referred to in paragraph 3, a
physical check of the weight and type of product and their
identification. Such physical checks must relate to at least 5 % ofthe quantity subject 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 store operator.
8. In the case of irregularities affecting at least 5 % of the quantities
of products checked the check shall be extended to a larger sample to be
determined by the responsible agency.
Portugal shall notify such cases to the Commission within four weeks.
9. Portugal may provide that the costs of checks will be borne partly
or fully by the contractor.
Article 7
Portugal shall communicate to the Commission on or before the Tuesday
of each week:
(a) the quantities 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 8
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply to cheese put into storage from 1 July 1992.1992R2174 — EN — 01.09.1995 — 003.001 — 4
▼B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R2174 — EN — 01.09.1995 — 003.001 — 5