1994R2659 — EN — 12.05.2002 — 006.001 — 1
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►B COMMISSIONREGULATION(EC)No2659/94
of31October1994
ondetailed rules forthe grantingofprivate storage aidfor Granapadano,Parmigiano-Reggiano
andProvolone cheeses
(OJ L 284, 1.11.1994, p. 26)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 907/95 of 25 April 1995 L 93 14 26.4.1995
►M2Commission Regulation (EC) No 401/96 of 5 March 1996 L 55 5 6.3.1996
►M3Commission Regulation (EC) No 671/97 of 17 April 1997 L 101 14 18.4.1997
►M4Commission Regulation (EC) No 679/1999 of 26 March 1999 L 83 46 27.3.1999
►M5Commission Regulation (EC) No 990/2001 of 21 May 2001 L 138 11 22.5.2001
►M6Commission Regulation (EC) No 779/2002 of 7 May 2002 L 123 31 9.5.2002
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(EC)No2659/94
of31October 1994
on detailed rules for the granting of private storage aid for Grana
padano,Parmigiano-Reggiano andProvolonecheeses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 July 1968
on the common organization of the market in milk products(1), aslas t
amended by Regulation (EC) No 1880/94(2), and in particular Article 8
(4) thereof,
WhereasRegulation (EC) No 1880/94 repealed the intervention
arrangements for Grana padano and Parmigiano-Reggiano cheeses;whereas, as a result, Commission Regulation (EEC) No 1107/68 of 27July 1968 on detailed rulesof application for intervention on themarket in Grana padano and Parmigiano-Reggiano cheeses(
3), aslas t
amended by Regulation (EC) No 1003/94(4), should be amended;
Whereas, as a result of the large number of amendments made to Regu-
lation (EEC) No 1107/68, and for the sake of clarity, that Regulationshould be repealed and the provisions on the private storage schemeshould be laid down in a new Regulation;
Whereas Commission Regulation (EEC) No 2496/78 of 26 October
1978 on detailed rulesfor the granting of private s torage aid for Provo-lone cheese(
5), aslas t amended by Regulation (EC) No 1002/94(6),
should also be repealed and the provisions thereof intergrated into thenew Regulation, in view of the fact that the legal bases are identicaland the detailed rulesof application are equivalent;
Whereas Article 1 (1) of Commission Regulation (EEC) No 1756/93 of
30 June 1993 fixing the operative eventsfor the agricultural convers ionrate applicable to milk and products(
7), aslas t amended by Regulation
(EC) No 180/94(8), laysdown the convers ion rate to be applied under
the private storage aid measures in the milk sector;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Milk andMilk products,
HAS ADOPTED THIS REGULATION:
Article 1
The grant of the private storage aid provided for in Article 8 of Regu-
lation (EEC) No 804/68 shall be subject to the conditions laid down inthisRegulation.
Article 2
Private storage contracts shall be concluded between the intervention
agency designated by the Member State and a natural or legal person,hereinafter referred to as‘the contractor’.1994R2659 — EN — 12.05.2002 — 006.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 197, 30. 7. 1994, p. 21.
(3) OJ No L 184, 29. 7. 1968, p. 29.
(4) OJ No L 111, 30. 4. 1994, p. 77.
(5) OJ No L 300, 27. 10. 1978, p. 24.
(6) OJ No L 111, 30. 4. 1994, p. 76.
(7) OJ No L 161, 2. 7. 1993, p. 48.
(8) OJ No L 24, 29. 1. 1994, p. 38.
▼B
Article 3
Conclusion of private storage contracts shall be subject to the following
conditions:
(a) the cheeses must be of the minimum age provided for in Article 8
(1) of Regulation (EEC) No 804/68 on the date when storage underthe contract commences and must not have been the subject of apreviouss torage contract;
(b) each lot of cheeses covered by the contract must weight at least
two tonnes;
(c) the cheeses must be of sound and fair marketable quality and be
indelibly stamped with:
— a mark issued by the agency appointed by the Member State,
— the number of the undertaking which hasmanufactured them,— the month of manufacture, which may be in code,— a special storage mark put on the cheeses when they are taken
into storage in order to distinguish them from those not covered
by a storage contract;
(d) the storer must undertake:
— not, during the term of the contract, to alter the composition of
the lot which isthe s ubject of the contract without prior author-ization from the intervention agency. If the condition
concerning the minimum quantity fixed for each lot continues
to be met, the intervention agency may authorize an alterationwhich islimited to the removal or replacement of chees eswhich are found to have deteriorated to such an extent thatthey can no longer 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 isdeemed notto have undergone any alternation;
(ii) if the aforesaid quantities are not replaced, the contract is
deemed to have been concluded ab initio for the quantitiy
permanently retained.
Any supervisory costs arising from an alternation shall be met
by the storer,
— to keep stock records and to transmit every week to the inter-
vention agency detailsof entriesand withdrawalsduring the
previousweek,
— to allow the competent bodiesto make checksat any time on
compliance with obligationsunder the contract.
Article 4
The storage contract shall be concluded:
(a) in writing and shall specify the date when storage under contract
commences, the quantity of cheeses covered by the contract andthe amount of aid;
(b) after completion of the storage operations for the lot of cheese
covered by the contract, but no later than 40 daysafter the dateon which storage under contract commences.
Article 5
1. The aid may be granted only for a period exceeding 60 daysbut
not exceeding:
— 180 daysin the cas e of Grano padano,
— 255 daysin the cas e of Parmigiano-Reggiano,— 150 daysin the cas e of Provolone.
2. The first day of the period of storage under contract shall be the
day following that on which the lot of cheeses covered by the contractisplaced under the control of the competent body.1994R2659 — EN — 12.05.2002 — 006.001 — 3
▼B
3. Removal operationsmay commence on the day following the las t
day of the period of storage under contract.
4. Notwithstanding the first indent of Article 3 (d), when the period
of 60 daysreferred to in paragraph 1 haselaps ed, the contractor may
remove from storage all or part of the lot under contract. The minimumquantity that may be removed shall be 500 kilograms.
However, the Member State may increase this quantity to two tonnes.
Article 6
1. The amount of private storage aid for cheese shall be as follows:
(a) EUR 35 per tonne for the fixed costs;
(b) EUR 0,35 per tonne per day of storage under contract for the ware-
housing costs;
(c) an amount for the financial costs, in euro per tonne per day of
storage under contract, as follows:
— 0,48 for Grana Padano,
— 0,69 for Parmigiano Reggiano,— 0,39 for Provolone.
2. The amount of aid in ecus applicable in respect of the storage
contract shall be that applicable on the first day of storage under the
contract.
3. The aid shall be paid within 90 days of the last day of storage for
which there isentitlement to aid.
Article 7
1. The Member State shall ensure that the conditions granting enti-
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 documentation
permitting the following particularsof productsplaced in privatestorage to be verified:
(a) ownership at the time of entry into storage;
(b) the origin and date of production of the cheeses;
(c) the date of entry into storage;
(d) presence in the store;
(e) the date of removal from storage.
3. The contractor or, where applicable, the operator of the storeroom
shall keep stock records available at the storeroom, covering:
(a) identification, by contract number, of the productsplaced in private
storage;
(b) the datesof entry into and removal from s torage;
(c) the number of cheeses and their weight, indicated per lot;
(d) the location of the productsin the s toreroom.
4. Products stored must be easily identifiable and must be identified
individually by contract.
5. On entry into storage, the competent body shall conduct checks in
particular to ensure that products stored are eligible for the aid and to
prevent any subsitution of products during storage under contract,without prejudice to the application of Article 3 (d).
6. The national authorities responsible for checks shall undertake:
(a) an unannounced check to see that the products are present in the
storeroom. The sample concerned must be representative and mustcorrespond to at least 10 % of the overall quantity under contract1994R2659 — EN — 12.05.2002 — 006.001 — 4
▼M6
▼B
▼B
for a private storage aid measure. Such checks must include, in
addition to an examination of the recordsreferred to in paragraph3, a physical check of the weight and nature of the product and its
identification. Such physical checks must relate to at least 5 % of
the quantity subjected 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,
— itsduration,— the operationsconducted.
The report must be signed by the official responsible and countersigned
by the contractor or, where applicable, by the storeroom operator.
8. In the case of irregularities affecting at least 5 % of the quantities
of products subjected to the checks, the latter shall be extended to alarger sample to be determined by the competent body.
The Member State shall notify such cases to the Commission within
four weeks.
9. The Member State may provide for the costs of the checks to be
charged wholly or in part to the contractor.
Article 8
Regulations(EEC) No 1107/68 and (EEC) No 2496/78 are hereby
repealed. However, they shal continue to apply to contracts concluded
prior to the entry into force of thisRegulation.
Article 9
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1994R2659 — EN — 12.05.2002 — 006.001 — 5