1992R2174 — EN — 01.02.1995 — 002.001 — 1
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►B COMMISSION REGULATION (EEC) No 2174/92
of 30 July 1992
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 L161 48 2.7.1993
►M2Commission Regulation (EC) No 1802/95 of 25 July 1995 L174 27 26.7.1995
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COMMISSION REGULATION (EEC) No 2174/92
of 30 July 1992
laying down detailed rules governing the grant of private storage
aid for Sao Jorge and Ilha cheese
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992concerningspecificmeasuresfortheAzoresandMadeirarelatingto certain agricultural products(
1), and in particular Article 24 (6)
thereof,
Whereas Article 24 (5) of that Regulation provides for the granting of
aidforprivatestorageofSãoJorgecheeseatleastthreemonthsoldandIlhacheeseatleast45daysold,inordertosupportessentialtraditionalmilk sector activities in the Azores; whereas the detailed rules for thisprovision should in all main points be identical to those for corre-sponding provisions for other cheese; whereas the amount of the aidshouldbesetusingthesamecriteriaasinthecaseoftheseprovisions;
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 thesame date;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee for Milk and MIliProducts,
HAS ADOPTED THIS REGULATION:
Article 1
Privatestorageaidshallbegrantedfor1000tonnesofSãoJorgecheese
and 2000 tonnes of Ilha cheese produced in the Azores. The require-ments of Articles 2 and 3 must be met.
Article 2
1. TheresponsibleagencydesignatedbyPortugalshallnotconclude
storage contracts unless the following requirements are met:
(a) thequantityofcheesetowhichthecontractrelatesisnotlessthan
two tonnes;
(b) the cheese was manufactured at least 90 days (São Jorge) or 45
days(Ilha)beforethedatespecifiedinthecontractasbeingthedateof commencement of storage;
(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
thelotwhichisthesubjectofthecontractwithoutauthorizationfrom the responsible agency. If the condition concerning theminimumquantityforcontractscontinuestobemet,theagencymay authorize an alteration limited to the removal or replace-ment of cheeses found to have deteriorated to such an extentthat they can no longer be stored.
(1) OJ No L 173, 27. 6. 1992, p. 1.
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In the event of removal from store of certain quantities:
(i) if the aforesaid quantities are replaced with the authoriza-
tionoftheagency,thecontractshallbedeemednottohaveundergone any alteration,
(ii) iftheaforesaidquantitiesarenotreplaced,thecontractshall
bedeemedtohavebeenconcluded ab initioforthequantity
retained.
Anysupervisorycostsarisingfromanalterationshallbemetby
the storer,
— to keep stock accounts and to inform the agency each week of
thequantityofcheeseputintostorageduringthepreviousweekand of any planned withdrawals.
2. The storage contract shall be concluded:
(a) in writing, stating the date when storage covered by the contract
begins;thismaynotbeearlierthanthedayfollowingthatonwhichentry of the cheese covered by the contract into storage iscompleted;
(b) aftercompletionofentryofthecheesecoveredbythecontractinto
storageandatthelatest40daysafterthedateonwhichthestoragecovered 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 secondindent of Article 2 (1) (d), when the period of 60 days specified inparagraph 1 has elapsed, the storer may remove all or part of thequantity under contract. The minimum quantity that may be removedshallbe500kilograms.Portugalmay,however,increasethisquantitytotwo 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 ►
M23,381◄per tonne per
day.
2. Theamountofaidinecusapplicabletoastoragecontractshallbe
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
Theperiods,datesandtime-limitsmentionedinthisRegulationshallbe
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 documentationpermitting the following particulars of products placed in privatestorage to be verified:
(1) OJ No L 124, 8. 6. 1971, p. 1.
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(a) ownership at the time of entry into storage,
(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. Thecontractoror,whereapplicable,theoperatorofthestoreshall
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 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.
Thereportmustbesignedbytheofficialresponsibleandcountersigned
by the contractor or, where applicable, by the store operator.
8. Inthecaseofirregularitiesaffectingatleast5%ofthequantities
ofproductscheckedthecheckshallbeextendedtoalargersampletobedetermined by the responsible agency.
Portugal shall notify such cases to the Commission within four weeks.9. Portugalmayprovidethatthecostsofcheckswillbebornepartly
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;
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(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.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.