Commission Regulation (EC) No 907/2000 of 2 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards aid for private storage in the beef and veal sector
Date: 2000-05-02
Institutions: European Commission
Subjects: EU aid, EU control, application of EU law, beef, private stock, storage

L 105/6

EN

Official Journal of the European Communities

3.5.2000

COMMISSION REGULATION (EC) No 907/2000

of 2 May 2000

laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards
aid for private storage in the beef and veal sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 26(5), Article 41 and
Article 48(2) thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1254/1999 provides for market
support in the form of private storage aid for beef and
veal. However, from 1 July 2002, such aid will only be
available where the average Community price for
carcases of male bovine animals falls below 103 % of the
basic price. In order to take account of the new arrange-
ments and in the interests of clarity, it is necessary to
recast Commission Regulation (EEC) No 3445/90 of 27
November 1990 laying down detailed rules for granting
private storage aid for beef and veal (2), as last amended
by Regulation (EC) No 3533/93 (3).

If it is to achieve its purpose, private storage aid should
be granted only to natural or legal persons established in
the Community whose activities and experience in the
sector offer sufficient certainty that storage will be
effected in a satisfactory manner and who have adequate
cold storage capacity within the Community.

For the same reasons, aid should be granted only for the
storage of products of sound and fair merchantable
quality having obtained the health mark referred to in
Chapter XI of Annex I to Council Directive 64/433/EEC
of 26 June 1964 on health conditions for the produc-
tion and marketing of fresh meat (4), as last amended by
Directive 95/23/EC (5). The products
should be of
Community origin and be derived from animals raised in
conformity with the prevailing veterinary requirements.
should comply with the
Furthermore,
the meat
maximum radioactivity
under
permitted
levels
Community law.

(4)

The market situation and its future development could
make it opportune to invite the contracting party to
designate his stocks for export from the moment at
which they are placed in storage: it is appropriate, if he

does so, to determine the conditions under which the
meat which is the subject of a storage contract could be
simultaneously placed under the arrangements contained
in Article 5 of Council Regulation (EEC) No 565/80 of 4
March 1980 on the advance payment of export refunds
in respect of agricultural products (6), as amended by
Regulation (EEC) No 2026/83 (7), in order to qualify for
the advance payment of export refunds.

To make the scheme more effective, contracts should
relate to a certain minimum quantity, differentiated by
product as appropriate, and the obligations
to be
fulfilled by the contracting party should be specified, in
particular those enabling the intervention agency to
make an effective inspection of storage condition.

The amount of the security designed to ensure compli-
ance with the contractual obligations should be fixed as
a percentage of the aid.

Pursuant to Commission Regulation (EEC) No 2220/85
of 22 July 1985 laying down common detailed rules for
the application of the system of securities for agricul-
tural products (8), as last amended by Regulation (EC) No
1932/1999 (9), the primary requirements to be met for
the release of the security should be defined. Storing the
contracted quantity for the agreed period constitutes one
of the primary requirements for the granting of private
storage aid for beef and veal. To take account of
commercial practice and for practical reasons, a certain
margin of tolerance in respect of the aid quantity should
be permitted.

A measure of proportionality should apply in the release
of the security and the granting of aid where certain
requirements relating to the quantities to be stored are
not met.

In order to improve the efficiency of the scheme, the
contracting party should be permitted to receive an
advance payment of aid subject to a security, and rules
should be laid down regarding the submission of
applications for aid, the supporting documents to be
produced, and the time limit for payment.

(5)

(6)

(7)

(8)

(9)

(10)

Rules should be laid down for determining the exchange
rates to be applied on amounts of aid and on securities.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 333, 30.11.1990, p. 30.
(3) OJ L 321, 23.12.1993, p. 9.
(4) OJ 121, 29.7.1964, p. 2012/64.
(5) OJ L 243, 11.10.1995, p. 7.

(6) OJ L 62, 7.3.1980, p. 5.
(7) OJ L 199, 22.7.1983, p. 12.
(8) OJ L 205, 3.8.1985, p. 5.
(9) OJ L 240, 10.9.1999, p. 11.

3.5.2000

EN

Official Journal of the European Communities

L 105/7

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

Previous experience with other schemes for the private
storage of agricultural products has shown the need to
specify to what
extent Council Regulation (EEC,
Euratom) No 1182/71 (1) applies to the determination of
periods, dates and time limits referred to under such
schemes and to define precisely the dates when contrac-
tual storage begins and ends.

Provision should be made for a measure of proportion-
ality in the granting of aid where the storage period is
not fully observed. Provisions should also be made for
the storage period to be shortened where meat removed
from storage is intended for export. Proof that the meat
has been exported should be supplied, as in the case of
refunds, in accordance with Commission Regulation (EC)
No 800/1999 of 15 April 1999 laying down common
detailed rules for the application of the system of export
refunds on agricultural products (2).

The amount of aid for private storage may be fixed in
advance. Appropriate measures should be laid down in
order to avoid excessive or speculative use of such a
scheme. Such measures may provide for a reflection
period in order to allow the market situation to be
assessed before decisions on applications are notified.
Furthermore, where appropriate, provisions should be
made for special measures applying in particular to
pending applications.

The amount of aid for private storage may also be fixed
through a tendering procedure. Following submission of
tenders, a maximum amount of aid may be fixed. No
action shall be taken where no tender is acceptable.

Provision should be made for a system of checks to
ensure that aid is not granted unduly. For this purpose
the Member States should make checks appropriate to
the various stages of storage.

Steps should be taken to prevent and, where necessary,
penalise irregularities and fraud. For this purpose it is
appropriate, in the event of false declaration, to exclude
the contracting party from the granting of aids for
private storage for the calendar year following that in
which a false declaration was detected. Furthermore, for
should impose
minor
appropriate penalties.

irregularities Member States

To give the Commission an overall view of the effect of
the private storage aid scheme, Member States should
supply it with the requisite information.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

This Regulation lays down general rules for the grant of private
storage aid, as provided for in Articles 26 and 48 of Regulation
(EC) No 1254/1999.

Article 2

1.
From 1 July 2002, the granting of aid for private storage
may be decided when the average Community market price for
carcases of adult male bovine animals expressed as grade R3,
calculated in accordance with Annex I,
recorded at
EUR 2 291 per tonne, or lower.

is

The granting of aid for private storage may be applied
the whole

a Member State or

throughout

2.
throughout
Community.

The amount of aid for private storage may be fixed in

3.
advance or fixed by tender.

Article 3

Contracts for aid for private storage of beef shall be
1.
concluded between the intervention agencies of the Member
States and natural or legal persons, hereinafter referred to as
‘the contracting party’, satisfying the following conditions:

(a) they shall have been active in the meat and livestock sector
during the 12 months preceding the contract application or
the expiry of the tender deadline;

(b) they shall be registered in a national VAT register;

(c) they shall have suitable storage facilities at their disposal

within the Community.

Private storage aid may only be granted for meat fulfilling

2.
the following criteria:

(a) it shall be classified in accordance with the Community
scale for the classification of carcases laid down in Council
Regulation (EEC) No 1208/81 (3), as amended by Regula-
tion (EEC) No 1026/91 (4), and identified in accordance
with Article 4(3)(c) of Commission Regulation (EC) No
562/2000 (5);

(b) it shall have obtained the health mark referred to in

Chapter XI of Annex I to Directive 64/433/EEC;

(1) OJ L 124, 8.6.1971, p. 1.
(2) OJ L 102, 17.4.1999, p. 11.

(3) OJ L 123, 7.5.1981, p. 3.
(4) OJ L 106, 26.4.1991, p. 2.
(5) OJ L 68, 16.3.2000, p. 22.

L 105/8

EN

Official Journal of the European Communities

3.5.2000

(c) it shall have no characteristics rendering it unfit for storage

(d) the duration of storage;

or subsequent use;

(d) it shall not come from animals slaughtered as a result of

emergency measures;

(e) it shall originate in the Community in accordance with
Article 39 of Commission Regulation (EEC) No 2454/
93 (1), as last amended by Regulation (EC) No 1662/
1999 (2);

(f) it

shall not exceed the maximum radioactivity levels
permitted under Community regulations, the level of radio-
active contamination of the product being monitored only
if the situation so requires and solely for the period neces-
sary and the duration and scope of any controls necessary
being determined in accordance with the procedure laid
down in Article 43 of Regulation (EC) No 1254/1999;

(g) it shall be derived from animals slaughtered not more than
10 days before the date on which the products are placed
in storage as referred to in Article 5(3);

(h) it shall be placed in storage in the fresh state and stored in

the frozen state;

(i) it shall be derived from animals raised in accordance with

the prevailing veterinary requirements.

Article 4

A contract shall relate to at least a minimum quantity, to

1.
be determined for each product.

A contract application or tender shall be lodged with the
2.
intervention agency in the Member State where the meat is to
be stored.

A contract application or

tender, and a subsequent
3.
contract, shall relate to only one of the products for which aid
may be granted.

A contract application or tender shall not be acceptable
4.
unless it includes the particulars referred to in points (a), (b), (d)
and (e) of paragraph 5, and proof has been furnished that the
relevant amount of security has been lodged.

5.

A contract shall

include the following particulars:

(a) a declaration by which the contracting party undertakes to
place in storage and to store only products which fulfil the
conditions laid down in Article 3(2);

(b) the quantity and the description of

the product

to be

stored;

(c) the time limit for placing in storage as referred to in Article
5(1), of the total quantity referred to in the contract;

(e) the amount of aid per tonne;

(f) the amount of security lodged;

(g) a provision enabling the storage period to be shortened or
extended under conditions laid down in Community regu-
lations.

A contract shall impose at least the following obligations

6.
on the contracting party:

(a) to place the agreed quantity of product in storage within
the time limits laid down in Article 5 and to store it at his
own risk and expense in conditions ensuring the main-
tenance of the characteristics of the products referred to in
Article 3(2) for the contractual period, without altering the
stored products, or substituting them or transferring them
to another warehouse; however, in exceptional cases and
on duly motivated request, the intervention agency may
authorise a relocation of the stored products;

(b) to advise the intervention agency with which he has
concluded the contract, in due time before the entry into
storage of each individual lot, within the meaning of the
second subparagraph of Article 5(1), of the date and place
of storage as well as the nature and quantity of the product
to be stored; the intervention agency may require that this
information is given at least two working days before the
placing in storage of each individual

lot;

(c) to send the documents relating to the operations for
placing in storage to the intervention agency not later than
one month after the date referred to in Article 5(4);

(d) to store the products in accordance with the requirements

for identification set out in Article 26;

(e) to permit the intervention agency to check at any time that
all the obligations laid down in the contract are being
observed.

Article 5

Placing in final storage shall be completed not later than

1.
28 days after the date of conclusion of the contract.

The products may be placed in storage in individual lots, each
lot representing the quantity placed in storage on a given day
by contract and by warehouse.

2.
Contractors may, during the storage entry period, cut or
bone all or part of the meat concerned, provided that only the
quantity for which the contract has been concluded is
employed and that all the cuts resulting from such operations
are placed in storage. The intervention agency may require that
notification of intention to make use of this facility be given at
least two working days before the placing in storage of each
individual

lot.

(1) OJ L 253, 11.10.1993, p. 1.
(2) OJ L 197, 29.7.1999, p. 25.

Large tendons, cartilage, pieces of fat and other scraps left over
from cutting or boning may not be stored.

3.5.2000

EN

Official Journal of the European Communities

L 105/9

Placing in storage shall begin, for each individual lot of
3.
the contractual quantity, on the day on which it comes under
the control of the intervention agency.

(c) where Article 17 applies, to export the meat in accordance

with one of the three options listed therein.

That day shall be the day on which the net weight of the fresh
or chilled product is determined:

3.
Subject to Article 17 of this Regulation, the provisions in
Article 27(1) of Regulation (EEC) No 2220/85 regarding the
partial release of a security shall not apply.

(a) at the place of storage, where the meat is frozen on the

premises;

Securities shall be released immediately where contract

4.
applications or tenders are not accepted.

(b) at the place of freezing, where the meat is frozen in suitable

facilities outside the place of storage;

(c) at the place of deboning or cutting, where the meat is

placed in storage after deboning or cutting.

4.
Placing in storage shall end on the day on which the last
individual lot of the contractual quantity is placed in storage.

That day shall be the day on which all the products under
contract have entered the place of final storage, whether fresh
or frozen.

Article 6

1. When the products placed in storage are subject to the
arrangements laid down in Article 5(1) of Regulation (EEC) No
565/80, the provisions of paragraphs 2 and 3 of this Article
shall apply.

2.
The time limit provided for in Article 29(5) of Regulation
(EC) No 800/1999 shall be increased to cover the duration of
the maximum contractual storage period, plus one month.

3. Member States may require that the placing in storage
and the placing under the arrangements laid down in Article
5(1) of Regulation (EEC) No 565/80 shall commence simultan-
eously. In this event, when a contract for private storage is
concluded for a quantity consisting of several lots which are
placed in storage on different dates, each of the said lots may
be the subject of a separate payment declaration.

5. Where the time limit for placing in storage, as set out in
Article 5(1), is exceeded, the security shall be forfeit in accord-
ance with Article 23 of Regulation (EEC) No 2220/85.

If the time limit referred to in Article 5(1) is exceeded by more
than 10 days, no aid shall be granted.

Article 8

1.
The amount of aid shall be fixed per tonne and shall
relate to the weight determined in accordance with Article 5(3).

Subject to paragraph 3 of this Article and to Article 17,
the primary

2.
contracting parties shall be entitled to aid if
requirements referred to in Article 7(2) are met.

Aid shall be paid solely in respect of the contractual

3.
quantity.

Article 9

If the quantity actually stored during the contractual storage
period is less than the contractual quantity and not less than
90 % of that quantity, the aid shall be paid for the quantity
actually stored.

If it is less than 90 % but not less than 80 % of the contracted
quantity,
the aid for the quantity actually stored shall be
reduced by half.

The payment declaration as referred to in Article 26 of Regula-
tion (EC) No 800/1999 shall be submitted for each lot on the
day of its entry in storage.

If it is less than 80 % of the contractual quantity, no aid shall
be paid.

Article 7

Article 10

The amount of the security referred to in Article 4(4)

1.
shall be 20 % of the amount of aid applied for.

In the case of boning, if the quantity actually stored does not
exceed 67 kilograms of boneless meat per 100 kilograms of
bone-in meat employed, no aid shall be paid.

The primary requirements within the meaning of Article

2.
20(2) of Regulation (EEC) No 2220/85 shall be:

(a) not to withdraw a contract application or a tender;

(b) to place and to keep in storage at least 90 % of the contrac-
tual quantity for the contractual storage period, at the
contracting party's own risk and under the conditions
provided for in Article 4(6)(a); and

If the quantity actually stored exceeds 67 kilograms but is
lower than 75 kilograms of boneless meat per 100 kilograms
of bone-in meat employed, the amount of aid shall be reduced
proportionately.

No reduction or increase of the amount of aid shall apply
where the quantity actually stored is 75 kilograms or more of
boneless beef per 100 kilograms of bone-in meat employed.

L 105/10

EN

Official Journal of the European Communities

3.5.2000

Article 11

Article 17

After three months of storage, a single advance payment may
be made, at the contracting party's request, provided that he
lodges a security equal to the advance payment plus 20 %.

The advance payment shall not exceed the amount of aid
corresponding to a storage period of three months. Where
products are exported in accordance with Article 17 prior to
the advance payment, the actual storage period for those prod-
ucts shall be taken into account when calculating the amount
of advance payment.

Article 12

The application for payment of

1.
the aid and the
supporting documents shall be lodged with the competent
authority within six months
the
maximum contractual storage period.

following the end of

Where the supporting documents could not be produced
within the stipulated time limit although the contracting party
acted promptly to obtain them on time, additional time limits,
which may not exceed a total of six months, may be granted
for their production.

Where Article 17 is applied,
the necessary proof shall be
produced within the time limits specified in Article 49(2), (4)
and (6) of Regulation (EC) No 800/1999.

Except in cases where an inquiry was opened into entitle-
2.
ment
the aid shall be paid by the competent
to the aid,
authority as soon as possible and not later than three months
from the day of deposit by the contracting party of an applica-
tion for payment, together with the requisite supporting docu-
ments.

Article 13

1.
The exchange rate to be applied to the amounts of aid
shall be the exchange rate on the day referred to in Article 15.

2.
The exchange rate to be applied to the amount of security
shall be the exchange rate on the day preceding the lodging of
the security with the intervention agency.

Article 14

1.
On the expiry of a storage period of two months, the
contracting party may remove from storage all or part of the
quantity of products under contract, subject to a minimum of
five tonnes per contractor and per warehouse or, if less than
this quantity is available, the total quantity under contract in a
warehouse, provided that, within 60 days following their
removal from storage, the products have:

(a) left

the Community's customs territory without

further

processing;

(b) reached their destination without further processing, in the
cases referred to in Article 36(1) of Regulation (EC) No
800/1999; or

(c) been placed without further processing in a victualling
warehouse approved pursuant to Article 40 of Regulation
(EC) No 800/1999.

2.
The contractual storage period shall end for each indi-
vidual lot intended for export on the day preceding the day of
removal from storage.

It shall end on the day of acceptance of the export declaration,
where a product has not been moved.

3.
The amount of aid shall be reduced in proportion to the
reduction in the storage period by applying daily amounts to
be fixed in accordance with the procedure referred to in Article
43 of Regulation (EC) No 1254/1999.

4.
For the purposes of this Article, proof of export shall be
furnished in accordance with Article 7 of Regulation (EC) No
800/1999.

Article 18

1. Where Articles 16 and 17 are applied, the contracting
party shall advise the intervention agency in due time before
the intended commencement of removal from storage. The
intervention agency may require that this information be given
at least two working days before that date.

Article 3(4) of Regulation (EEC, Euratom) No 1182/71 shall
not apply to the determination of the storage period as referred
to in Article 4(5)(d) of this Regulation or to the storage period
as amended under Article 4(5)(g) or under Article 17.

2. Where the obligation to notify the intervention agency is
not complied with, no aid shall be paid in respect of the
contract concerned and the whole of the security shall be
declared forfeit in respect of the contract concerned.

Article 15

The first day of the contractual storage period shall be the day
following that on which placing in storage was completed.

Article 16

Where this requirement is not complied with but where suffi-
cient evidence as to the date of removal from storage and the
quantities concerned has been furnished, within 30 days
following removal from the warehouse and to the satisfaction
of the competent authority, the aid shall be granted and 15 %
of
the
quantity concerned.

the security shall be declared forfeit

in respect of

Removal from storage may commence on the day following
the last day of the contractual storage period.

The provisions of the second subparagraph shall apply without
prejudice to Articles 8(3) and 9.

3.5.2000

EN

Official Journal of the European Communities

L 105/11

Article 19

concerned. The closed envelope shall not be opened by the
intervention agency before the expiry of the tender deadline.

Where the contracting party fails to observe the end of the
contractual storage period or the two-month time limit referred
to in Article 17(1) for the totality of the product stored, each
calendar day of non-compliance shall entail a reduction of
10 % in the amount of aid for the contract in question.

Article 20

In case of force majeure where the performance of the contrac-
tual obligations of a contracting party are affected,
the
competent authority of
the Member State concerned shall
decide on the measures which it deems necessary having regard
to the circumstances pleaded. That authority shall inform the
Commission of each case of force majeure and the action taken
in respect thereof.

CHAPTER II

SPECIAL PROVISIONS

Article 21

1. Where the aid is fixed in advance, decisions on applica-
tions to conclude contracts shall be notified by the intervention
agency to each applicant by registered letter, telex or fax, or
delivered against acknowledgement of receipt, on the fifth
working day following the day on which the application is
the Commission does not adopt
submitted, provided that
special measures in the intervening period.

Where an examination of the situation reveals that excessive
use has been made of the scheme introduced by this Regula-
tion, or if there is a risk of excessive use, such measures may
include:

(a) suspending the application of this Regulation for not more

than five working days;

(b) setting a single percentage by which the quantities in the
applications to conclude contracts are reduced, subject to
observance of the minimum quantity where appropriate;

(c) rejecting applications made before the period of suspension
whose acceptance would have been decided on during the
period of suspension.

In the case provided for in point (a), applications to conclude
contracts submitted during that period shall not be accepted.

2. Where the application is accepted, the contract shall be
deemed to have been concluded on the day of notification of
the decision referred to in paragraph 1. The intervention
agency shall specify the date referred to in application of
Article 5(1).

Article 22

2.
Tenders shall be examined in private session by the
appropriate agencies of the Member States; persons present at
the examination shall be sworn to secrecy.

3.
Eligible tenders shall be forwarded anonymously to the
Commission by the Member State to arrive not later than the
second working day following the final date for submission as
specified in the invitation.

4. Where no tenders are submitted, Member States shall
inform the Commission of this within the time limit as speci-
fied under paragraph 3.

5.
On the basis of the tenders received, the Commission
shall decide in accordance with the procedure laid down in
Article 43 of Regulation (EC) No 1254/1999 either to fix a
maximum amount of aid or to make no award.

6. Where a maximum amount of aid is fixed, tenders not
exceeding that amount shall be accepted.

7. Within five working days following the day on which
Member States are notified of the Commission's decision, the
intervention agency concerned shall inform all tenderers of the
decision taken by registered letter, by telex, by fax or against
written acknowledgment.

8. Where a tender is accepted, the contract shall be deemed
to have been concluded on the date of notification by the
intervention agency to the tenderer as referred to in paragraph
7. The intervention agency shall specify the date in application
of Article 5(1).

CHAPTER III

INSPECTION AND SANCTIONS

Article 23

Member States shall ensure that the conditions giving rise to
entitlement to aid are fulfilled. For this purpose they shall
designate a national authority to be responsible for checking
storage operations (hereinafter referred to as ‘the inspecting
authority’).

Article 24

The contracting party shall make available to the inspecting
authority all documentation, for each contract, permitting in
particular the following information on the products placed in
private storage to be verified:

1. Where the aid is fixed by tender, tenders shall be made in
euro and submitted to the intervention agency concerned in a
closed envelope, bearing the reference to the tender regulation

(a) the ownership at the time of placing in storage;

(b) the date of placing in storage;

L 105/12

EN

Official Journal of the European Communities

3.5.2000

(c) the weight and the number of boxes or pieces otherwise

packaged;

(d) presence in the warehouse;

(e) the calculated date of the end of the minimum contractual
storage period and, where Articles 17 or 19 are applied, the
actual date of removal.

Article 25

The contracting party or, where applicable, the operator of the
warehouse, shall keep stock accounts available at the place of
storage, showing the following, against each contract number:

(a) the identification of the products placed in private storage;

(b) the date of placing in storage and the calculated date of the
end of the minimum contractual storage period, completed
by the actual date of removal from storage;

(c) the number of half-carcases, quarters, boxes or other items
stored individually, a description of the products and the
weight of each pallet or of the other items stored indi-
vidually, recorded, where applicable, by individual

lots;

(d) the location of the products in the warehouse.

Article 26

Products stored shall be easily identifiable and shall be identi-
fied individually by contract. Each pallet and, where applicable,
each packaged unit individually stored shall be marked so that
the contract number, the description of the product and the
weight are shown. The date of placing in storage shall be
shown in each individual lot placed in storage on a given day.

the inspecting
When the products are placed in storage,
authority shall verify the marking referred to in the first
subparagraph and may seal the area containing the products in
storage.

Article 27

The

1.
each
inspecting authority shall undertake,
contract, a check on compliance with all the obligations laid
down in Article 4(6), pursuant to the provisions of paragraphs
2 to 6 of this Article.

for

2.
The inspecting authority shall undertake either the sealing
of all the products stored under a contract in accordance with
the second subparagraph of Article 26, or an unannounced
sample check to ensure that the products are present in the
warehouse.

In the case of a sample check, the sample taken shall be
representative and shall correspond to at least 10 % of the
overall quantity placed in storage in each Member State under a
private storage aid measure.

The inspecting authority shall undertake a compulsory
3.
check to ensure that the products are present in the warehouse
during the final week of the contractual storage period.

Sealing or handling costs

4.
contracting party.

shall be borne by the

Checks pursuant to paragraphs 2 and 3 shall be the

5.
subject of a report stating:

(a) the date of the check;

(b) its duration;

(c) the operations conducted.

The report shall be signed by the official responsible and
countersigned by the contracting party or, where applicable, by
the operator of the warehouse and shall be included in the
payment file.

6.
In the case of significant irregularities affecting at least
5 % of the quantities of products covered by a single contract
subject to the check, the verification shall be extended to a
larger sample to be determined by the authority responsible for
the checks.

Member States shall notify such cases to the Commission
within four weeks.

Article 28

1. Where it is established and verified by the inspecting
authority that the declaration as referred to in Article 4(5)(a) is
a false declaration made either deliberately or through serious
negligence, the contracting party in question shall be excluded
from the benefits of the private storage aid scheme until the
end of the calendar year following the year in which the
falsification is ascertained.

2. Member States shall apply appropriate measures where
the contracting party fails to meet the requirements under
Articles 24, 25 and 26.

CHAPTER IV

FINAL PROVISIONS

Article 29

1. Member States shall inform the Commission of all meas-
ures adopted in pursuance of this Regulation.

2. Member States shall notify to the Commission by fax:

(a) on Monday and Thursday of each week, the quantities of
products for which applications to conclude contracts have
been submitted;

Such sample checks shall
in addition to an exam-
include,
ination of the accounts referred to in Article 25, a physical
check of the weight, type of products and their identification
and must relate to at least 5 % of the quantity subject of the
unannounced check.

(b) before Thursday of each week, the products and quantities
for which contracts have been concluded during the
preceding week, giving a breakdown according to storage
period and a summary of the products and quantities for
which contracts have been concluded;

3.5.2000

EN

Official Journal of the European Communities

L 105/13

(c) every month, the products and total quantities placed in
storage and, in the case of deboning, the total quantity of
non-deboned meat employed;

(d) every month, of the products and total quantities actually
in storage and the products and total quantities in respect
of which the contractual storage period has ended;

(e) every month, if the storage period has been shortened or
extended in accordance with Article 4(5)(g) or reduced in
accordance with Articles 17 or 19, the products and quant-
ities in respect of which the storage period has been revised
and the original and revised months for removal from
storage.

Article 30

Regulation (EEC) No 3445/90 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

Article 31

This Regulation shall enter into force on the seventh day
following that of 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.

Done at Brussels, 2 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission

L 105/14

EN

Official Journal of the European Communities

3.5.2000

ANNEX I

(Article 2)

Calculation of the average Community market price for carcases of adult male bovine animals, expressed as
grade R3

(a) The average national market price of category A, expressed as grade R3, calculated in accordance with the third indent

of Article 3(a) of Regulation (EC) No 562/2000.

(b) The average national market price of category C, expressed as grade R3, calculated in accordance with the third indent

of Article 3(a) of Regulation (EC) No 562/2000.

(c) The average national market price of category A/C = weighted average of (a) and (b) with weighting to be based on

the proportion of slaughterings in each category to the total national slaughterings of category A/C.

(d) The average Community market price of category A/C = weighted average of (c) with weighting based on the
proportion of total slaughterings of category A/C in each Member State to total slaughterings of category A/C in the
Community.

ANNEX II

(Article 30)

Correlation table

This Regulation

Regulation (EEC) No 3445/90

Article 1
Article 2
Article 3
Article 4
Articles 5 and 6
Article 7
Articles 8, 9, 10 and 11
Article 12
Article 13
Articles 14, 15, 16, 17, 18 and 19
Article 20
Article 21
Article 22
Articles 23, 24, 25, 26 and 27
Article 28
Article 29
Article 30
Article 31
Annex I
Annex II

Article 1
—
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
—
Annex