Commission Regulation (EC) No 2339/2003 of 30 December 2003 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: 2003-12-30
Institutions: European Commission
Subjects: aid to disadvantaged groups, food aid, foodstuff, intervention stock

31.12.2003

EN

Official Journal of the European Union

L 346/29

COMMISSION REGULATION (EC) No 2339/2003

of 30 December 2003

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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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
for distribution to the most deprived persons in the Com-
munity (1), and in particular Article 6 thereof,

Whereas:

Article 4 of Commission Regulation (EEC) No 3149/
92 (2) lays down detailed rules for invitations to tender
as regards the organisation of supplies in the Member
States participating in the Community measure.

The products allocated under the annual plan, to be
withdrawn from intervention stocks, may be supplied
unprocessed, or more often processed for the manufac-
ture of food, or withdrawn in payment for the manufac-
ture of food mobilised on the Community market. In the
latter case, the products in intervention stocks which
may be withdrawn in payment for the manufacture of
cereal and milk products should be specified.

To respond more effectively to the needs of charitable
organisations and expand the range of food products
supplied,
it should be laid down that products from
intervention stocks may be incorporated into other
the purposes of manufacturing food.
products
However,
for each finished product,
products from intervention stocks must represent at least
50 % of
to be
supplied.

for
in such cases,

the net weight of

the food product

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

1. Article 4 is amended as follows:

(a) in paragraph 2, point (a):

(i) the following is added to the first subparagraph:

to be supplied shall be either the
‘The product
product withdrawn from intervention stocks
in
unprocessed form or after packaging and/or proces-
sing, or a product mobilised on the market by with-
from intervention stocks in
drawing a product
payment for the supply.’;

(ii) the following subparagraph is inserted after the

second subparagraph:

the product

‘In the case referred to in the third indent of the
second subparagraph, where supply involves cereals
the invitation to tender shall
or cereal products,
specify that
to be withdrawn is a
specific cereal held by an intervention agency.
Where the supply involves milk products, the invita-
tion to tender shall specify which product, butter or
milk powder, must be withdrawn from the stocks
held by an intervention agency depending on the
stocks held by that agency.’;

(b) the following paragraph 2a is inserted:

‘2a.
Products from intervention may be incorporated
into or added to other products mobilised on the market
food to be supplied for the
for the manufacture of
purposes of
In such cases,
products from intervention stocks must represent at
least 50 % of the net weight of the food product to be
supplied.

implementing the plan.

the purposes of application of

For
sub-
paragraph, the invitation to tender shall clearly indicate
that products from intervention stocks must represent at
least 50 % of the net weight of the food product to be
supplied.’;

the first

Regulation (EEC) No 3149/92 should therefore be
amended accordingly.

2. the following indent is added to the first subparagraph of

Article 9:

‘— the invitations to tender are in accordance with Article
4 and the supplies are implemented in accordance with
the provisions of this Regulation.’

The measures provided for in this Regulation are in
the Management
accordance with the opinions of
Committees concerned,

Article 2

(1) OJ L 352, 15.12.1987, p. 1; Regulation as amended by Regulation

(EC) No 2535/95 (OJ L 260, 31.10.1995, p. 3).

(2) OJ L 313, 30.10.1992, p. 50; Regulation as last amended by Regu-

lation (EC) No 1921/2002 (OJ L 293, 29.10.2002, p. 9).

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

(1)

(2)

(3)

(4)

(5)

L 346/30

EN

Official Journal of the European Union

31.12.2003

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

Done at Brussels, 30 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission