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"B COMMISSION REGULATION (EC) No 2659/94
of 31 October 1994
on detailed rules for the granting of private storage aid for Grana padano, Parmigiano-Reggiano and
Provolone cheeses
(OJ L 284, 1.11.1994, p. 26)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 907/95 of 25 April 1995 L 93 14 26.4.1995
"M2 Commission Regulation (EC) No 401/96 of 5 March 1996 L 55 5 6.3.1996
"M3 Commission Regulation (EC) No 671/97 of 17 April 1997 L 101 14 18.4.1997
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) and Council Regulation(EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1994R2659 — EN — 21.04.1997 — 003.001 — 1
COMMISSION REGULATION (EC) No 2659/94
of 31 October 1994
on detailed rules for the granting of private storage aid for Grana
padano, Parmigiano-Reggiano and Provolone cheeses
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), as last amended by
Regulation (EC) No 1880/94 (2), and in particular Article 8 (4) thereof,
Whereas Regulation (EC) No 1880/94 repealed the intervention arrangements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 27 July 1968 on detailed rulesof application for intervention on the market in Grana padano andParmigiano-Reggiano cheeses (
3), as last amended by Regulation (EC) No
1003/94 (4), should be amended;
Whereas, as a result of the large number of amendments made to Regulation
(EEC) No 1107/68, and for the sake of clarity, that Regulation should be
repealed and the provisions on the private storage scheme should be laid down
in a new Regulation;
Whereas Commission Regulation (EEC) No 2496/78 of 26 October 1978 on
detailed rules for the granting of private storage aid for Provolone cheese (5),
as last amended by Regulation (EC) No 1002/94 (6), should also be repealed
and the provisions thereof intergrated into the new Regulation, in view of thefact that the legal bases are identical and the detailed rules of application are
equivalent;
Whereas Article 1 (1) of Commission Regulation (EEC) No 1756/93 of 30
June 1993 fixing the operative events for the agricultural conversion rateapplicable to milk and products (
7), as last amended by Regulation (EC) No
180/94 (8), lays down the conversion rate to be applied under the private
storage aid measures in the milk sector;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Milk and Milk products,
HAS ADOPTED THIS REGULATION:
Article 1
The grant of the private storage aid provided for in Article 8 of Regulation
(EEC) No 804/68 shall be subject to the conditions laid down in thisRegulation.
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’.
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 under the contract!B
(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. 38.1994R2659 — EN — 21.04.1997 — 003.001 — 2
commences and must not have been the subject of a previous storage
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 has manufactured 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 is the subject of the contract without prior authorization fromthe intervention agency. If the condition concerning the minimum
quantity fixed for each lot continues to be met, the intervention
agency may authorize an alteration which is limited to the removal orreplacement of cheeses which are found to have deteriorated to suchan extent that they can no longer be stored.
In the event of release from store of certain quantities:(i) if the aforesaid quantities are replaced with the authorization of
the intervention agency, the contract is deemed not to 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 intervention
agency details of entries and withdrawals during the previous week,
— to allow the competent bodies to make checks at any time on
compliance with obligations under 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 and theamount of aid;
(b) after completion of the storage operations for the lot of cheese covered by
the contract, but no later than 40 days after the date on which storage
under contract commences.
Article 5
1. The aid may be granted only for a period exceeding 60 days but not
exceeding:
— 180 days in the case of Grano padano,— 255 days in the case of Parmigiano-Reggiano,— 150 days in the case 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 contract is placed
under the control of the competent body.
3. Removal operations may commence on the day following the last day of
the period of storage under contract.!B1994R2659 — EN — 21.04.1997 — 003.001 — 3
4. Notwithstanding the first indent of Article 3 (d), when the period of 60
days referred to in paragraph 1 has elapsed, the contractor may remove fromstorage all or part of the lot under contract. The minimum quantity that maybe 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) ECU 100 per tonne for the fixed costs;
(b) ECU 0,35 per tonne per day of storage under contract for the warehousing
costs;
(c) an amount for the financial costs in ecus per tonne per day of storage
under contract, as follows:
— 0,97 in the case of Grana Padano,
— 1,46 in the case of Parmigiano-Reggiano,
— 0,65 in the case of 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 is entitlement to aid.
Article 7
1. The Member State 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 any documentation permitting thefollowing particulars of products placed in private storage 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 products placed in private
storage;
(b) the dates of entry into and removal from storage;
(c) the number of cheeses and their weight, indicated per lot;
(d) the location of the products in the storeroom.
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 tothe 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 must
correspond to at least 10 % of the overall quantity under contract for a
private storage aid measure. Such checks must include, in addition to anexamination of the records referred to in paragraph 3, a physical check ofthe 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
!M3
!B1994R2659 — EN — 21.04.1997 — 003.001 — 4
(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 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 a larger
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 this Regulation.
Article 9
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1994R2659 — EN — 21.04.1997 — 003.001 — 5