Commission Regulation (EC) No 6/2008 of 4 January 2008 laying down detailed rules for granting private storage aid for sheepmeat and goatmeat (Codified version)
Date: 2008-01-04
Institutions: European Commission
Subjects: EU aid, goatmeat, private stock, sheepmeat

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COMMISSION REGULATION (EC) No 6/2008

of 4 January 2008

laying down detailed rules for granting private storage aid for sheepmeat and goatmeat

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2529/2001 of 19
December 2001 on the common organisation of the market in
sheepmeat and goatmeat (1), and in particular Articles 12(2) and
24 thereof,

Having regard to Council Regulation (EC) No 2799/98 of 15
December 1998 establishing agrimonetary arrangements for the
euro (2), and in particular Articles 3(2) and 9 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 3446/90 of 27
November 1990 on laying down detailed rules
for
and
granting
goatmeat (3) has been substantially amended several
times (4). In the interests of clarity and rationality the
said Regulation should be codified.

sheepmeat

storage

private

aid

for

Detailed rules
for granting private storage aid for
sheepmeat and goatmeat must be adopted in addition
to the general rules laid down in Article 12(1) by Regu-
lation (EC) No 2529/2001.

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

(1) OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regu-
lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2). Regulation
(EC) No 2529/2001 will be
replaced by Regulation (EC)
No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

(2) OJ L 349, 24.12.1998, p. 1.
(3) OJ L 333, 30.11.1990, p. 39. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(4) See Annex I.

For the same reason, aid should be granted only for the
storage of products in frozen condition, of sound and
fair merchantable quality and of Community origin as
defined by Commission Regulation (EEC) No 2454/93
of 2 July 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (5), with a
level of radioactivity not exceeding the maximum levels
permitted under Council Regulation (EEC) No 737/90 of
22 March 1990 on the conditions governing imports of
agricultural products originating in third countries
following the accident at the Chernobyl nuclear power
station (6).

Provision should be made to ensure that the animals
involved are slaughtered exclusively in slaughterhouses
which are approved and supervised.

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

amount of

security designed to ensure
The
compliance with the contractual obligations should be
fixed at a percentage of the amount of the aid.

the

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 agricultural
products (7), 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 sheepmeat and goatmeat. To
take account of commercial practice and for practical
reasons, a certain tolerance in respect of
the said
quantity should be permitted.

(5)

(6)

(7)

(8)

(5) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(6) OJ L 82, 29.3.1990, p. 1. Regulation as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(7) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 1913/2006.

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(9)

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.

(10)

(11)

(12)

(13)

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 appli-
cations
to be
the
produced and the time limit for payment.

supporting documents

aid,

for

2799/98

(EC) No

to Regulation

Pursuant
and
Commission Regulation (EC) No 1913/2006 laying
down detailed rules for the application of the agrimo-
netary system for the euro in agriculture and amending
certain regulations (1), the operative events to determine
the exchange rate applicable to the grant of aid and
amount of security in the case of private storage aid
should be specified.

schemes

for private
Previous experience with other
storage of agricultural products has shown the need to
specify to what extent Council Regulation (EEC, Euratom)
No 1182/71 determining the rules applicable to periods,
dates and time limits (2) applies to the determination of
periods, dates and time limits referred to under such
schemes
and to define precisely the dates when
contractual storage begins and ends.

In particular, Article 3(4) of Regulation (EEC, Euratom)
No 1182/71 specifies that where the last day of a period
the period
is a public holiday, Sunday or Saturday,
the
should end on the expiry of
following working
this
day. The
provision to storage contracts may not be in the
interest of storers and may even result in inequality of
treatment. Therefore, a derogation should be made with
regard to the determination of the last day of storage
under contract.

the last hour of

application

of

(15)

(16)

In accordance with Article 12(1) of Regulation (EC) No
2529/2001 the tendering procedure is applicable. when
there is a particularly difficult situation of market in one
or more zones of quotation. Invitations to submit tenders
taken in
should result
accordance with the procedure referred to in Article
25(2) of that same Regulation.

from Commission Decisions

The purpose of the tendering procedure is to determine
the amount of the aid.
In the selection of successful
tenderers, preference should be given to the tenders
most advantageous for the Community. Therefore, a
maximum amount of aid may be set for which tenders
would be accepted. If no tender is acceptable, none need
be accepted.

(17)

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.

(18)

Steps should be taken to prevent and to penalise irregu-
larities and fraud. For this purpose, it is appropriate to
exclude, in the case of false declaration, the contracting
party from the granting of aids for private storage for six
months following the detection of a false declaration.

(19)

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

(20)

The measures
accordance with the opinion of
Committee for Sheep and Goats,

laid down in this Regulation are in
the Management

HAS ADOPTED THIS REGULATION:

(14)

Provision should be made for a measure of propor-
tionality in the granting of aid where the storage
period is not fully observed.

CHAPTER I

GENERAL PROVISIONS

Article 1

(1) OJ L 365, 21.12.2006, p. 52. Regulation amended by Regulation

(EC) No 873/2007 (OJ L 193, 25.7.2007, p. 3).

(2) OJ L 124, 8.6.1971, p. 1.

The grant of private storage aid, as provided for in Article 12 of
Regulation (EC) No 2529/2001,
to the
conditions set out in this Regulation.

shall be subject

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Article 2

3.

Contracts shall include the following particulars:

Contracts

for
shall be

the private storage of

sheepmeat and
1.
goatmeat
intervention
agencies of the Member States and natural or legal persons,
hereinafter referred to as the ‘contracting party’:

concluded between the

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

(a) which have been carrying on business in the meat and
livestock sectors for at least 12 months and are officially
registered in a Member State; and

(b) the description and the quantity of the product to be stored;

(b) which have suitable storage facilities at their disposal with

the Community.

(c)

the time limit for placing in storage, referred to in Article
4(3), of the total quantity referred to under (b) of
this
paragraph;

2.
Private storage aid may be granted only for carcasses of
lambs less than 12 months old and cuts thereof, of sound and
fair merchantable quality coming from animals raised in the
Community for
and
slaughtered not more than 10 days before the date on which
the products are placed in storage as referred to in Article 4(2).

the previous

two months

least

at

content

No meat with a radioactive

3.
exceeding the
maximum levels permitted under Community regulations may
be the subject of a storage contract. The levels applicable to
products of Community origin shall be as fixed in Article 3 of
Regulation (EEC) No 737/90. The level of radioactive contam-
ination of the product shall be checked only if the situation so
requires and for the necessary period. Where necessary, the
duration and scope of
the checks shall be determined in
accordance with the procedure referred to in Article 25(2) of
Regulation (EC) No 2529/2001.

Contracts may not relate to less than a minimum quantity

4.
to be determined for each product.

The meat must be placed in storage in a fresh state and

5.
stored in a frozen state.

Article 3

Contract applications or tenders and contracts shall relate

1.
to only one of the products for which aid may be granted.

(d) the duration of storage;

(e)

the amount of the aid per unit of weight;

(f)

the amount of the security;

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

Contracts shall impose at least the following obligations

4.
on the contracting party:

(a)

to place the agreed quantity of product in storage within the
time limits laid down in Article 4 and to store it at his own
risk and expense in conditions ensuring the maintenance of
the characteristics of the products referred to in Article 2(2)
for the contractual period, without altering, substituting or
transferring to another warehouse the stored products;
in exceptional cases and on duly motivated
however,
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 4(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;

2.
Contract applications or tenders shall not be acceptable
unless they include the particulars referred to in paragraph 3(a),
(b), (d) and (e), and proof has been furnished that a security has
been provided.

(c)

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

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

for identification referred to in Article 13(4);

The determination of weights of products to be placed in
storage shall not take place before the conclusion of a contract.

(e)

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

Placing in storage ends on the day on which the last lot of

4.
the contractual quantity is placed in storage.

Article 4

The placing in storage must be completed not later than

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

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

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

Article 5

The amount of the security referred to in Article 3(2) shall

1.
not exceed 30 % of the amount of aid applied for.

Contractors may, under the permanent supervision of the
2.
intervention agency and during the period of placing in storage,
cut, partially debone or debone all or part of the products,
provided that a sufficient quantity of carcasses is employed to
ensure the tonnage for which the contract has been concluded
is stored and that all the meat resulting from such operation is
placed in storage. Intention to make use of this facility shall be
notified not later than the day on which placing in storage
begins. However,
the intervention agency may require that
such notification take place at least two working days before
the placing in store of each individual lot.

The large tendons, cartilages, bones, pieces of fat and other
scraps left over from cutting, partial deboning or deboning
may not be stored.

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.

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

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

premises;

The primary requirements within the meaning of Article
2.
20(2) of Regulation (EEC) No 2220/85 shall be not to withdraw
a contract application or a tender, and not
to withdraw a
contract application or a tender, and to keep in storage at
least 90 % of
the contractual
the contractual quantity for
storage period, at the contracting party's own risk and under
the conditions referred to in Article 3(4)(a) of this Regulation.

Article 27(1) of Regulation (EEC) No 2220/85 shall not

3.
apply.

Securities shall be released immediately where contract

4.
applications or tenders are not accepted.

5. Where the time limit for placing in storage, as referred to
in Article 4(1),
in
accordance with Article 23 of Regulation (EEC) No 2220/85.

the security shall be forfeit

is exceeded,

Subject to the provisions of Article 6(3), if the time limit under
Article 4(1) is exceeded by more than 10 days, the aid shall not
be granted.

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

facilities outside the place of storage.

1.
The amount of aid shall be fixed per unit of weight and
shall relate to the weight determined in accordance with Article
4(3).

Article 6

However,
in the case of meat placed in storage after cutting,
partial deboning or deboning, weighing shall be carried out on
products effectively placed in storage and may be done at the
place of cutting, partial deboning or deboning.

2.
Subject to paragraph 3 hereafter, contracting parties shall
be entitled to aid if the primary requirements referred to in
Article 5(2) are met.

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Aid shall be paid at most for the contractual quantity
3.
provided. If the quantity actually stored during the contractual
storage period is less than the contractual quantity and:

The first day of the contractual storage period shall be the
2.
day following that on which placing in storage was completed.

(a) not less than 90 % of that quantity, the aid shall be reduced

proportionately;

Removal

3.
following the last day of the contractual storage period.

from storage may commence on the day

(b) less than 90 % but not less than 80 % of that quantity, the
aid for the quantity actually stored shall be reduced by half;

(c)

less than 80 % of that quantity, the aid shall not be paid.

4.
The contracting party shall advise the intervention agency
in good time before the intended commencement of removal
from storage; the intervention agency may require that this
information is given at least two working days before that date.

After three months of storage under contract, a single
the contracting party's
to the

4.
advance payment may be made, at
request, provided that he lodges a security equal
advance payment plus 20 %.

The advance payment shall not exceed the amount of aid corre-
sponding to a storage period of three months.

Article 7

force majeure

Except

in cases of

1.
the application for
payment of the aid and the supporting documents must be
lodged with the competent authority within six months
following the end of the maximum contractual storage period.
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.

Subject to the cases of force majeure referred to in Article
2.
10 and cases where an inquiry has been opened into enti-
tlement to the aid, the aid shall be paid by the competent
authority as soon as possible and not later than three months
from the day of deposit of an application for payment, with the
required supporting documents, by the contracting party.

Article 8

The operative events for the exchange rate applicable to the aid
and to the securities shall be those referred to in Articles 2(5)
and 10 respectively of Regulation (EC) No 1913/2006.

Article 9

The periods, dates and time limits referred to in this
1.
Regulation shall be determined in accordance with Regulation
(EEC, Euratom) No 1182/71. However, Article 3(4) of
that
Regulation shall not apply to the determination of the storage
period as referred to in Article 3(3)(d) of this Regulation or as
amended under Article 3(3)(g) of this Regulation.

Where the obligation to notify the intervention agency is not
complied with but where sufficient evidence has been furnished,
within 30 days following removal from the warehouse, to the
satisfaction of the competent authority as to the date of removal
from storage and the quantities concerned aid shall be granted,
without prejudice to Article 6(3) and 15 % of the security shall
be declared forfeited in respect of the quantity concerned.

For all other cases of non-compliance with this obligation, no
aid shall be paid in respect of the contract concerned, and the
whole of the security shall be declared forfeited in respect of the
contract concerned.

Subject to the cases of force majeure referred to in Article
5.
10, where the contracting party fails to observe the end of the
contractual storage period, each calendar day of non-compliance
shall entail a reduction of 10 % in the amount of aid for the
contract in question.

Article 10

force majeure where the performance of

In cases of
the
contractual 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
invoked. That authority shall
inform the Commission of each case of force majeure and of
the action taken in respect thereof.

CHAPTER II

SPECIAL PROVISIONS

Article 11

Where the amount of aid is fixed at a flat-rate in advance:

(a)

the contract application must be lodged with the competent
intervention agency in accordance with Article 3(1) and (2);

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(b) Decisions on applications to conclude contracts shall be
notified by the competent
intervention agency to each
applicant by registered letter, electronic mail or telefax, or
delivered against an acknowledgement of receipt, on the
fifth working day following the day on which the appli-
cation is submitted, provided that the Commission does
not adopt 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 Regu-
lation, or if there is a risk of excessive use, such measures
may include:

— suspending the application of this Regulation for not
more than five working days. In that event, applications
to conclude contracts submitted during that period shall
not be accepted,

— setting a single percentage by which the quantities in the
applications to conclude contracts are reduced, subject
to observance of the minimum quantity where appro-
priate,

— rejecting applications made before

the period of
suspension whose acceptance would have been decided
on during the period of suspension.

Where the application is accepted, the contract shall be deemed
to have been concluded on the day of departure of the notifi-
cation of the decision referred to in the first subparagraph of
(b). The intervention agency shall specify the date referred to in
Article 3(3)(c) accordingly.

Article 12

1. Where the aid is granted by tender:

(a)

the Regulation issuing the invitation to tender in accordance
with Article 12 of Regulation (EEC) No 2529/2001 shall
specify the general conditions, the products to be stored, the
time limit (date and hour) for the submission of tenders and
the minimum quantities in respect of which a tender may
be submitted;

(b) tenders must be made in euro and submitted to the inter-
vention agency concerned in accordance with Article 3(1)
and (2);

(d) tenders submitted must be forwarded anonymously to the
Commission by way of the Member States, to arrive not
later than the second working day following the final date
for submission as specified in the invitation;

(e) where no tenders are submitted, Member States shall inform
the Commission of this within the time limit as specified
under (d);

(f) on the basis of the tenders received, the Commission shall
decide in accordance with the procedure referred to in
Article 25(2) of Regulation (EC) No 2529/2001, either to
fix a maximum amount of aid, or to make no award;

(g) where a maximum amount of aid is fixed,
exceeding this amount shall be accepted.

tenders not

2. Within five working days following the day on which the
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 telefax, by electronic mail
or against written acknowledgement.

Where a tender is accepted, the contract shall be deemed to
have been concluded on the date of departure of the infor-
mation from the intervention agency to the tenderer as
referred to in the first subparagraph. The intervention agency
shall specify the date referred to in Article 3(3)(c) accordingly.

CHAPTER III

CHECKING AND SANCTIONS

Article 13

1. Member States shall ensure that the conditions giving rise
to entitlement to aid are fulfilled. For this purpose they shall
designate the national authority to be responsible for checking
storage operations.

2.
The contracting party shall make available to the authority
responsible for checking storage operations all documentation,
for each contract, permitting in particular the following infor-
mation on the products placed in private storage to be verified:

(a)

the ownership at the time of placing in storage;

(c)

tenders shall be examined in private session by the appro-
priate agencies of the Member States; persons present at the
examination shall be sworn to secrecy;

(b) the date of placing in storage;

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(c)

the weight and the number of boxes or items otherwise
packaged;

— either the sealing of all the products stored under a contract
in accordance with the second subparagraph of paragraph 4,
or

(d) the presence of products in the warehouse;

(e)

the calculated date of the end of the minimum contractual
storage period and, where Article 9(5) is applied, the actual
date of removal.

The contracting party or, where applicable, the operator of
the

3.
the warehouse, shall keep stock accounts available at
warehouse covering, by contract number:

— an unannounced sample check to ensure that the products
are present in the warehouse. The sample taken must be
representative and must correspond to at least 10 % of the
overall quantity placed in storage in each Member State
under a private storage aid measure. Such checks shall
include,
the accounts
referred to in paragraph 3, a physical check of the weight
and type of
the products and their identification. Such
physical checks must relate to at least 5 % of the quantity
subject to the unannounced check.

in addition to an examination of

(a)

the identification of the products placed in private storage;

The sealing or handling costs of the check are borne by the
contracting party.

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

Checks pursuant to paragraph 5 must be the subject of a

6.
report stating:

(c)

the number of carcases or half-carcases, boxes or other
the products
items stored individually, a description of
and the weight of each pallet or the other items stored
individually, recorded, where applicable, by individual lots;

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

Products stored must be easily identifiable and must be
4.
identified individually by contract. Each pallet and, where
applicable, each item individually stored must be marked so
that the contract number, the description of the product and
the weight are shown. The date of placing in storage must be
shown on each individual lot placed in storage on a given day.

(a)

the date of the check;

(b) its duration; and

(c)

the operations conducted.

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

When the products are placed in storage,
the authority
responsible for checking operations shall verify the identifi-
cation referred to in the first subparagraph and may seal the
products placed in storage.

In the case of significant irregularities affecting at least 5 %
7.
the quantities of products covered by a single contract
of
subject to the checks, the verification shall be extended to a
larger sample to be determined by the authority responsible for
the checks.

The authority responsible for checking operations shall

5.
undertake:

(a)

for each contract, a check on the compliance with all the
obligations laid down in Article 3(4);

(b) a compulsory check to ensure that the products are present
in the warehouse during the final week of the contractual
storage period.

Furthermore, that authority shall check:

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

Article 14

In the case where it is established and verified by the authority
the declaration as
responsible for checking operations that
referred to in Article 3(3)(a) is a false declaration made either
deliberately or through serious negligence, the contracting party
in question shall be excluded from the private storage aid
scheme for six months following the month in which the falsi-
fication is ascertained.

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CHAPTER IV

FINAL PROVISIONS

Article 15

shall
1. Member States
provisions adopted in application of this Regulation.

inform the Commission of all

2. Member States shall notify the Commission by telefax or
by electronic mail:

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

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

(c) every month, of the products and total quantities placed in

storage;

(d) every month, of the products and total quantities actually in
storage and of 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 3(3)(g) or reduced in
accordance with Article 9(5), of the products and quantities
in respect of which the storage period has been revised and
from
of
storage.

the original and revised months for

removal

3.
The application of the measures provided for in this Regu-
lation shall be subject to regular examination in accordance
with the procedure referred to in Article 25(2) of Regulation
(EC) No 2529/2001.

Article 16

Regulation (EEC) No 3446/90 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 17

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 4 January 2008.

For the Commission
The President

José Manuel BARROSO

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ANNEX I

Repealed Regulation with list of its successive amendments

Commission Regulation (EEC) No 3446/90
(OJ L 333, 30.11.1990, p. 39)

Commission Regulation (EEC) No 1258/91
(OJ L 120, 15.5.1991, p. 15)

Commission Regulation (EC) No 3533/93
(OJ L 321, 23.12.1993, p. 9)

Commission Regulation (EC) No 1913/2006
(OJ L 365, 21.12.2006, p. 52)

Article 1 only

Article 3 only

Article 15 only

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EN

Official Journal of the European Union

5.1.2008

ANNEX II

Correlation table

Regulation (EEC) No 3446/90

This Regulation

Article 1

Article 1

Article 2(1), introductory sentence

Article 2(1), introductory sentence

Article 2(1), first indent

Article 2(1), second indent

Article 2(2) to (5)

Article 3

Article 4(1)

Article 4(2)

Article 2(1)(a)

Article 2(1)(b)

Article 2(2) to (5)

Article 3

Article 4(1)

Article 4(2)

Article 4(3), first subparagraph

Article 4(3), first subparagraph

Article 4(3), second subparagraph, introductory sentence

Article 4(3), second subparagraph, introductory sentence

Article 4(3), second subparagraph, first indent

Article 4(3), second subparagraph, point (a)

Article 4(3), second subparagraph, second indent

Article 4(3), second subparagraph, point (b)

Article 4(3), third subparagraph

Article 4(3), third subparagraph

Article 4(3), fourth subparagraph

Article 4(3), fourth subparagraph

Article 4(4)

Article 5(1)

Article 5(2)
indents

Article 4(4)

Article 5(1)

introductory sentence and first and second

Article 5(2)

Article 5(3), (4) and (5)

Articles 6, 7 and 8

Article 9(1), (2) and (3)

Article 5(3), (4) and (5)

Articles 6, 7 and 8

Article 9(1), (2) and (3)

Article 9(4), first subparagraph

Article 9(4), first subparagraph

Article 9(4), second subparagraph,
and first and second indents

introductory sentence

Article 9(4), second subparagraph

Article 9(4), third subparagraph,
first and second indents

introductory words and

Article 9(4), third subparagraph

Article 9(5)

Articles 10, 11 and 12

Article 13(1) to (4)

Article 9(5)

Articles 10, 11 and 12

Article 13(1) to (4)

Article 13(5) first subparagraph,
points (a) and (b)

introductory words and

Article 13(5), first subparagraph,
points (a) and (b)

introductory words and

—

Article 13(5) second subparagraph, introductory words

Article 13(5), first subparagraph, paragraph (c), first and
second indents

Article 13(5),
indents

second subparagraph,

first and second

Article 13(5), second subparagraph

Article 13(5), third subparagraph

Article 13(6), first subparagraph, introductory sentence

Article 13(6),
premier

first subparagraph,

introductory sentence

5.1.2008

EN

Official Journal of the European Union

L 3/23

Regulation (EEC) No 3446/90

This Regulation

Article 13(6), first subparagraph, first indent

Article 13(6), first subparagraph, point (a)

Article 13(6), first subparagraph, second indent

Article 13(6), first subparagraph, point (b)

Article 13(6), first subparagraph, third indent

Article 13(6), first subparagraph, point (c)

Article 13(6), second subparagraph

Article 13(6), second subparagraph

Article 13(7)

Articles 14 and 15

Article 16

—

Article 17, first subparagraph

Article 17, second subparagraph

Annex

—

—

Article 13(7)

Articles 14 and 15

—

Article 16

Article 17

—

—

Annex I

Annex II