Commission Regulation (EC) No 1070/2000 of 19 May 2000 laying down detailed rules governing the grant of private storage aid for Kefalotyri and Kasseri cheeses
Date: 2000-05-19
Institutions: European Commission
Subjects: financial aid, goats’ milk cheese, sheep's milk cheese, storage, terms for aid

20.5.2000

EN

Official Journal of the European Communities

L 119/17

COMMISSION REGULATION (EC) No 1070/2000

of 19 May 2000

laying down detailed rules governing the grant of private storage aid for Kefalotyri and Kasseri
cheeses

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Article 10 thereof,

the framework of private storage aid schemes in the
milk products sector.

It is appropriate to guaranteee the continuation of the
storage operations in question.

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

(6)

(7)

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 9(1) of Regulation (EC) No 1255/1999 permits
the granting of private storage aid for sheep's milk
cheeses requiring at least six months for maturing where
a serious market
imbalance could be eliminated or
reduced by seasonal storage.

The seasonal nature of Kefalotyri and Kasseri cheese
production results in the building up of stocks which are
difficult to sell and which risk causing a lowering of
prices. Seasonal storage should therefore be introduced
for the quantities to improve the situation and allow
producers time to find outlets for their cheese.

The detailed rules of this measure should determine the
maximum quantity to benefit from it as well as the
duration of the contracts in relation to the real require-
ments of the market and the keeping qualities of the
cheeses in question. It is necessary to specify the terms
of the storage contract so as to enable the identification
of the cheese and to maintain checks on the stock in
respect of which aid is granted. The aid should be fixed
taking into account storage costs and the foreseeable
trend of market prices.

Experience shows that provisions on checks should be
laid down, particularly as regards the documents to be
submitted and checks to be made on the spot. Therefore,
it should be provided that Member States require the
costs of checks be fully or partly borne by the
contractor.

Article 1(1) of Commission Regulation (EEC) No 1756/
93 of 30 June 1993 fixing the operative events for the
agricultural conversion rate applicable to milk and milk
products (2), as last amended by Regulation (EC) No
569/1999 (3), fixes the conversion rate to be applied in

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 161, 2.7.1993, p. 48.
(3) OJ L 70, 17.3.1999, p. 12.

HAS ADOPTED THIS REGULATION:

Article 1

Aid shall be granted in respect of the private storage of 3 200
tonnes of Kefalotyri
from
and Kasseri
Community-produced ewes' or goats' milk or a mixture of the
two and satisfying the requirements of Articles 2 and 3.

cheeses made

Article 2

The intervention agency shall conclude storage contracts

1.
only when the following conditions are met:

(a) the quantity of cheese to which the contract relates is not

less than 2 tonnes;

(b) the cheese was manufactured at least 90 days before the
date specified in the contract as being the date of
commencement of storage, and after 30 November 1999;

(c) the cheese has undergone tests which show that it meets
the condition laid down in (b) and that it is of first quality;

(d) the storer undertakes:

— not, during the term of

If

the contract,

to alter the
composition of the batch which is the subject of the
contract without authorisation from the intervention
agency.
the condition concerning the minimum
quantity fixed for each batch continues to be met, the
intervention agency may authorise an alteration which
is limited to the removal or replacement of cheeses
which are found to have deteriorated to such an 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
the
to have undergone any

intervention agency,

is deemed not

the

authorisation of
contract
alteration;

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Official Journal of the European Communities

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(ii) if

the
the aforesaid quantities are not replaced,
contract is deemed to have been concluded ab initio
for the quantity permanently retained.

Aid shall be paid not later than 90 days from the last day

2.
of storage under contract.

Any supervisory costs arising from an alteration shall be
met by the storer,

— to keep stock accounts and to inform the intervention
agency each week of the quantity of cheese put into
storage during the previous week, and of any planned
withdrawals.

2.

The storage contract shall be concluded:

(a) in writing, stating the date when storage covered by the
contract begins;
this may not be earlier than the day
following that on which the operations connected with
putting the batch of cheese covered by the contract into
storage were completed;

(b) after completion by the operations connected with putting
the batch of cheese covered by the contract into storage
and at the latest 40 days after the date on which the
storage covered by the contract begins.

Article 5

The Member States shall ensure that

1.
granting entitlement to payment of the aid are fulfilled.

the conditions

2.
The contractor shall make available to the national
authorities responsible for verifying execution of the measure
any documentation permitting in particular
the following
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 manufacture of the cheeses;

(c) the date of entry into storage;

(d) presence in the store;

(e) the date of removal from storage.

Article 3

3.
The contractor or, where applicable, the operator of the
store, shall keep stock accounts available at the store, covering:

Aid shall be granted only for cheese put into storage

1.
during the period 15 May to 30 November 2000.

(a) identification, by contract number, of the products placed

in private storage;

No aid shall be granted in respect of storage under

2.
contract for less than 60 days.

The aid payable may not exceed an amount corre-
3.
sponding to 150 days' storage under contract
terminating
before 31 March 2001. By way of derogation from the first
indent of Article 2(1)(d), when the period of 60 days specified
in paragraph 2 has elapsed, the storer may remove all or part
of the batch under contract. The minimum quantity that may
be removed shall be 500 kilograms. The Member States may,
however,

increase this quantity to 2 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 aid shall be as follows:

(a) EUR 100/t for the fixed costs;

(b) EUR 0,35/t per day of storage under contract for the ware-

housing costs;

(b) the dates of entry into and removal from storage;

(c) the number of cheeses and their weight shown for each lot;

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

4.
Products stored must be easily identifiable and must be
identified individually by contract. A special mark shall be
affixed to cheeses covered by contract.

5. Without prejudice to Article 2(1)(d), on entry into
storage, the competent bodies shall conduct checks in partic-
ular to ensure that products stored are eligible for the aid and
to prevent any possibility of substitution of products during
storage under contract.

The national authorities responsible for controls shall

6.
undertake:

(a) an unannounced check to see that the products are present
in the store. The sample concerned must be representative
and must correspond to at
the overall
quantity under contract for a private storage aid measure.
Such checks must include, in addition to an examination of
the accounts referred to in paragraph 3, a physical check of
the weight and type of product and their identification.
Such physical checks must relate to at least 5 % of the
quantity subject to the unannounced check;

least 10 % of

(c) EUR 0,58/t per day of storage under contract for the finan-

(b) a check to see that the products are present at the end of

cial costs.

the storage period under contract.

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Checks conducted pursuant to paragraphs 5 and 6 must

7.
be the subject of a report stating:

The Member States may provide that the costs of checks

9.
will be borne partly or fully by the contractor.

— the date of the check,
— its duration,
— the operations conducted.

The report on checks must be signed by the official responsible
and countersigned by the contractor or, where applicable, by
the store operator.

8.
In the case of irregularities affecting at least 5 % of the
quantities of products subject to the checks the latter shall be
extended to a larger sample to be determined by the competent
body.

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

Article 6

Member States shall communicate to the Commission before
15 January 2001:

(a) the quantity of cheese for which storage contracts have

been concluded;

(b) any quantities in respect of which the authorisation referred

to in Article 2(1)(d) has been given.

Article 7

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply with effect from 15 May 2000.

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

Done at Brussels, 19 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission