Commission Regulation (EC) No 2760/1999 of 22 December 1999 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community
Date: 1999-12-22
Institutions: European Commission
Subjects: EU aid, aid to disadvantaged groups, food aid, foodstuff, intervention stock, voluntary organisation

23. 12. 1999

EN

Official Journal of the European Communities

L 331/55

COMMISSION REGULATION (EC) No 2760/1999

of 22 December 1999

amending Regulation (EEC) No 3149/92 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,

(4)

Having regard to the Treaty establishing the European
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 organisations
in the
for distribution to the most deprived persons
Community (1), as amended by Regulation (EC) No 2535/95 (2),
and in particular Article 6 thereof,

Whereas:

(1)

(2)

(3)

Article 4 of Commission Regulation (EEC) No 3149/
92 (3), as last amended by Regulation (EC) No 267/96 (4),
lays down the detailed rules on invitations to tender
opened in the Member States with a view to imple-
menting the annual plan. It should be explicitly stated
the necessary
that
provisions on the delivery of the supplies and provision
should be made to adjust payment for them based on
compliance or otherwise with the requirements laid
down;

these invitations must

include all

Article 6 of Regulation (EEC) No 3149/92 stipulates that
the transport costs are to be reimbursed on the basis of
flat rates fixed in the Annex to the Regulation. In the
light of experience, such fixing is no longer appropriate
and the transport costs must be reimbursed on the basis
of the duly justified real costs established on the basis of
an invitation to tender procedure under Article 4(3) of
the above Regulation. It should be specified, however,
that reimbursement of the transport costs between the
storage depots of the charitable organisation and the
place of final distribution is effected on the basis of
supporting evidence;

should the products needed to implement the plan be
unavailable in one or more Member States,
intra-
Community transfers of stored products should be orga-
nised in accordance with Article 7 of Regulation (EEC)
No 3149/92. With a view to streamlined management,
these transfers should be organised at the start of the
annual exercise and provisions should be made for
appropriate adjustments;

(1) OJ L 352, 15.12.1987, p. 1.
(2) OJ L 260, 31.10.1995, p. 3.
(3) OJ L 313, 30.10.1992, p. 50.
(4) OJ L 36, 14.2.1996, p. 2.

for EAGGF Guarantee Section accounting purposes, the
accounting value of the beef from intervention stocks is
the intervention price subject to coefficients fixed for the
various cuts. These coefficients need to be amended
based on changes in the conversion coefficients used for
the various cuts, especially under tenders opened to
manage the market in these products;

(5)

(6)

attention should be drawn to the Member States' obliga-
tion to take all the necessary steps to ensure that the
annual plan is properly carried out, and to anticipate
and penalise irregularities noted during the provision of
supplies;

the measures provided for in this Regulation are in
accordance with the opinions of all the management
committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3149/92 is hereby amended as follows:

1. The following paragraph 5 is added to Article 4:

‘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, pack-
aging or marking of the products noted at the time fixed for
their supply does not correspond exactly to what was stipu-
lated, but does not prevent the goods from being accepted
for their intended use, the competent authorities can apply
reductions when calculating the amoung payable.’

2. Article 6(1) is replaced by:

‘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.’

3. Article 6(2) is deleted.

4. Article 7(1) is replaced by the following:

‘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

L 331/56

EN

Official Journal of the European Communities

23. 12. 1999

(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 imple-
ment the plan.

The Member State receiving the products shall publish or
have published an invitation to tender to establish the most
favourable conditions 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.’

supply. The costs of

5. The first
following:

sentence of Article 7(2)

is

replaced by the

‘The intra-Community transport costs shall be borne by the
Community and repaid to the Member State.’

6. The following third paragraph is added to Article 9:

‘The Member States shall take all the measures needed to
ensure that the plan is properly implemented and to antici-
pate and penalise irregularities. To this end they can
suspend the participation of operators in the tendering
procedure, depending on the seriousness of any shortcom-
ings or irregularities observed in the conduct of a previous
supply operation or other comparable activities.’

7. Annex I is replaced by the following:

‘ANNEX

— forequarters: 0,35;
— hindquarters: 0,50.

B. Coefficients referred to in Article 5: boneless intervention

stocks

Coeficient

2,0

1,3

1,0

0,7

0,7

0,7

0,7

0,5

Member States

Denmark

France

Ireland

Mørbrad

Filet

Fillet

Filet

Faux-filet

Striploin

Inderlår

Tranche

Topsides

Yderlår

klump

Semelle

Silversides

Tranche grasse Thick flank

Tyksteg

Rumsteak

Rumps

Entrecôte

Entrecôte

Forerib

Other

Other

Other’

A. Coefficients referred to in Article 5: unboned interven-

tion stocks:

8. Annex II is hereby deleted.

This Regulation shall enter into force on the day following its publication in the Official Journal of the
European Communities.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission