Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products
Date: 2008-08-20
Institutions: European Commission
Subjects: beef, butter, cheese, disclosure of information, eligibility criteria, invitation to tender, olive oil, private stock, storage premium, sugar

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COMMISSION REGULATION (EC) No 826/2008

of 20 August 2008

laying down common rules for the granting of private storage aid for certain agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(7)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 43(a), (d) and (j), in conjunction with Article 4 thereof,

Whereas:

(8)

(9)

Article 28 of Regulation (EC) No 1234/2007 provides
that a private storage aid has to be granted for butter,
Grana Padano, Parmigiano Reggiano and Provolone
cheese.

Article 31 of Regulation (EC) No 1234/2007 provides
that a private storage aid may be granted for white sugar,
olive oil, fresh or chilled meat of adult bovine animals,
long-keeping cheeses and cheeses which are manu­
factured from sheep and/or goat’s milk, pigmeat,
sheepmeat and goatmeat.

An aid scheme for
the private storage of products
referred to in Article 28 of Regulation (EC) No
1234/2007 should be implemented when the conditions
mentioned in that Regulation are fulfilled.

An aid scheme for
the private storage of products
referred to in Article 31 of Regulation (EC) No
1234/2007 may be implemented when the conditions
mentioned in that Regulation are fulfilled.

sugar

industry

restructuring of

The
in the
the
Community has led to regional differentiation, with
some regions having a sugar surplus, either due to
local production or to imports, and others having a
In regions with a surplus, prices at producers’
deficit.
level are expected to be subject to downward pressure
since local supply exceeds local demand. In regions with
a deficit, prices at producers’
level are expected to be
firmer since local supply does not match up to local
demand. The price drop in certain Member States will
not be reflected by the average Community price and
provision should therefore be made for opening of
limited to the Member States
tendering procedures
where national average prices fall below 80 % of the
reference price.

In order to implement
the aid scheme in a timely
manner, detailed rules for the application of Regulation
(EC) No 1234/2007 should be laid down.

(10) As a general rule, to facilitate management and control,
private storage aid should be granted only to operators
established and registered for VAT purposes
in the
Community.

Currently,
the possibility of granting aid for private
storage is laid down in the Council Regulations on the
common organisation of the markets in certain products.
Those regulations have been replaced by Regulation (EC)
No 1234/2007.

In order to simplify and improve the effectiveness of the
management and control mechanisms, common rules
should be laid down for the implementation of
the
private storage aid scheme.

The aid for the private storage of products mentioned in
Articles 28 and 31 of Regulation (EC) No 1234/2007
should be either fixed in advance or determined via a
tendering procedure.

(11)

(12)

(13)

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

to provide

In order
the
production of olive oil and sugar, operators eligible for
private storage aid should fulfil additional conditions.

control of

effective

for

the

information needed to conclude

the arrangements can be monitored
To ensure that
properly,
the
storage contract should be specified in the present Regu­
lation as well as the obligations of
the contracting
parties.

In order to make the scheme more effective, contracts
should relate to a certain minimum quantity, differen­
tiated by product as appropriate, and to the obligations
to be fulfilled by the contracting party, in particular those
for
enabling
checking storage operations
an effective
inspection of the storage conditions.

responsible

competent

to make

authority

the

(1)

(2)

(3)

(4)

(5)

(6)

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(14) Where the aid is determined via a tendering procedure,
tenders should contain all the information necessary to
assess
them, and communications between Member
States and the Commission should be provided for.

(15) On the basis of the tenders received a maximum amount
of aid may be fixed. However, situations might arise on
the market in which economic or other aspects make it
necessary to reject all the tenders received.

(16)

(17)

Storage of the contractual quantity for the agreed period
is one of the primary requirements for the granting of
private storage aid. To take account of commercial
practice and practical reasons, a margin of tolerance in
respect of the quantity subject to aid should be allowed.

In case of aid fixed in advance, given the emergency
character of certain private storage measures due to
economic circumstances, a security might be needed in
order to guarantee the seriousness of the application and
in order to ensure that the measure will have its desired
effect on the market. The security related to the tendering
procedure should ensure that the quantities offered and
possibly accepted are stored pursuant to the conditions
set out in this Regulation. Therefore, provisions should
be adopted for the release and forfeit of the security
lodged in accordance with Commission Regulation
(EEC) No 2220/85 of 22 July 1985 laying down
common detailed rules
the
for
system of securities for agricultural products (1).

the application of

market situation to be assessed before decisions on appli­
cations for aid are notified. Furthermore, where appro­
priate, provisions should be made for special measures
applying in particular to pending applications. Those
special measures serve to prevent excessive or speculative
use of
the private storage scheme. Those measures
require swift action and the Commission should be
the
empowered to act without
management
all necessary
measures without delay. Those special measures have
been in place for beef meat, pigmeat, and sheepmeat
and goatmeat. In order to ensure the proper functioning
of the private storage scheme for those products, there is
a need to maintain the current procedures of
taking
measures as they have been established without making
any substantial changes.

the
and to take

assistance of

committee

(21)

It is necessary to indicate the conditions under which an
advance payment may be granted, the adjustment of the
aid in cases where the contractual quantity is not entirely
respected, the checks on compliance with entitlement to
aid, the possible penalties and the information to be
notified to the Commission by the Member States.

(22) Detailed rules should also be laid down regarding docu­
mentation, accounting and frequency and nature of
checks.

(23) Appropriate steps should be taken to prevent and to
that purpose
penalize
contracting parties which are found to have made false
declarations should be excluded from the private storage
aid scheme for one year.

irregularities

and fraud.

For

(18)

it is
To ensure that the storage is properly managed,
appropriate
reducing the
to adopt provisions
amount of aid to be paid when the quantity stored
during the contractual storage period is less than the
contractual quantity and where the storage period is
not fully observed.

for

(24)

(19)

In the light of market situation and market developments
it may be appropriate to invite the contracting party to
designate its stocks for export
from the moment at
which they are placed in storage.

(20) When the amount of aid for private storage is fixed in
advance for certain meat products,
the current rules
provide for a reflection period in order to allow the

certain

Regulation

This
provisions
incorporates
concerning private storage contained in Commission
Regulation (EC) No 562/2005 of 5 April 2005 laying
down rules for the implementation of Council Regulation
(EC) No 1255/1999 as regards communication between
the Member States and the Commission in the milk and
milk products sector (2), Commission Regulation (EC) No
952/2006 of 29 June 2006 laying down detailed rules
the application of Council Regulation (EC) No
for
318/2006
the
Community market in sugar and the quota system (3),
and Commission Regulation (EC) No 105/2008 of
5 February 2008 laying down detailed rules for the appli­
cation of Council Regulation (EC) No 1255/1999 as
regards intervention on the market in butter (4). Those
provisions
should be deleted and those Regulations
should be amended accordingly.

the management

regards

of

as

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

lation (EC) No 707/2008 (OJ L 197, 25.7.2008, p. 4).

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

(4) OJ L 32, 6.2.2008, p. 3.

(2) OJ L 95, 14.4.2005, p. 11.
(3) OJ L 178, 1.7.2006, p. 39. Regulation as last amended by Regu­

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(25)

This Regulation incorporates moreover the provisions
concerning private storage of the following Regulations,
which should be repealed and replaced by a new Regu­
lation:

HAS ADOPTED THIS REGULATION:

— Commission Regulation (EEC) No 3444/90 of
27 November 1990 laying down detailed rules for
granting private storage aid for pigmeat (1),

— Commission Regulation (EC) No 2659/94 of
31 October 1994 on detailed rules for the granting
of private storage aid for Grana Padano, Parmigiano-
Reggiano and Provolone cheeses (2),

— 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 (3),

— Commission Regulation (EC) No 2153/2005 of
23 December 2005 on the aid scheme for
the
private storage of olive oil (4),

— Commission Regulation (EC) No 6/2008 of 4 January
2008 laying down detailed rules for granting private
storage aid for sheepmeat and goatmeat (5),

— Commission Regulation (EC) No 85/2008 of
30 January 2008 on special conditions
the
granting of private storage aid for sheepmeat and
goatmeat (6),

for

— Commission Regulation (EC) No 414/2008 of 8 May
2008 laying down detailed rules for the application
of Council Regulation (EC) No 1255/1999 as regards
the granting of private storage aid for certain cheeses
in the 2008/09 storage period (7).

CHAPTER I

Introductory provisions

S e c t i o n 1

S c o p e a n d g e n e r a l r u l e s f o r g r a n t i n g o f
p r i v a t e s t o r a g e a i d

Article 1

Scope and definition

1.
This Regulation lays down common rules for the granting
of an aid for private storage for products listed in Articles 28
and 31 of Regulation (EC) No 1234/2007.

It shall apply without prejudice to the specific provisions laid
down in Commission Regulations either opening a tendering
procedure or fixing in advance the private storage aid.

For the purposes of this Regulation ‘the competent auth­
2.
orities of the Member States’ shall mean the departments or
bodies accredited by the Member States as paying agencies
which fulfil the conditions laid down in Article 6 of Council
Regulation (EC) No 1290/2005 (8).

Article 2

Eligibility of products

1.
In order to qualify for private storage aid, in addition to
the requirements laid down in Regulation (EC) No 1234/2007,
the products shall fulfil the requirements listed in Annex I to
this Regulation.

Butter stored in a Member State other than the Member
2.
State of production, shall fulfil also the additional requirements
set out in Annex II to this Regulation.

(26)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

(1) OJ L 333, 30.11.1990, p. 22. Regulation as last amended by Regu­

lation (EC) No 1913/2006.

(2) OJ L 284, 1.11.1994, p. 26. Regulation as last amended by Regu­

lation (EC) No 588/2007 (OJ L 139, 31.5.2007, p. 16).

(3) OJ L 105, 3.5.2000, p. 6. Regulation as amended by Regulation (EC)

No 1913/2006.

(4) OJ L 342, 24.12.2005, p. 39.
(5) OJ L 3, 5.1.2008, p. 13.
(6) OJ L 27, 31.1.2008, p. 3.
(7) OJ L 125, 9.5.2008, p. 17. Regulation as amended by Regulation

(EC) No 750/2008 (OJ L 202, 31.7.2008, p. 44).

Article 3

Conditions for granting aid for white sugar

The decision to grant an aid for private storage of white
1.
sugar may be taken where the following conditions are met:

(a)

the average Community price for white sugar recorded
within the price reporting system is below 85 % of the
reference price;

(8) OJ L 209, 11.8.2005, p. 1.

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(b) the recorded average prices for white sugar are likely to
for two months on the
remain at or below that
basis of
the market situation, account being taken of
expected effects of market management mechanisms and
notably withdrawals.

level

Subject to the criteria set out in the first subparagraph, the
granting of aid for private storage may be limited to Member
States in which the average price for white sugar recorded
within the price reporting system is below 80 % of
the
reference price. The aid shall be granted for sugar stored or
to be stored by sugar manufacturers approved in these
Member States.

2.
The private storage of white sugar may take place in a
period running from 1 November to 30 June of the marketing
year in which the aid is granted.

Article 4

Conditions for granting aid for olive oil

For the purposes of application of Article 33 of Regulation (EC)
No 1234/2007, the average price shall be recorded on the
market during a period of two weeks at least.

Detailed rules for data reporting by Member States to the
Commission are laid down in Part A of Annex III
to this
Regulation.

Article 5

Conditions for granting aid for beef

An aid for private storage may be granted if
the average
Community price for carcases of adult male bovine animals
expressed as grade R3, calculated in accordance with Part B
is recorded at EUR 2 291 per tonne or lower.
of Annex III,

S e c t i o n 2

G e n e r a l r u l e s f o r f i x i n g t h e p r i v a t e
s t o r a g e a i d

Article 6

Procedure for fixing the aid

To establish the amount of aid for private storage for the
products listed in Articles 28 and 31 of Regulation (EC) No
1234/2007,
the Commission shall either open a tendering
procedure for a limited period in accordance with Article 9 of
this Regulation or fix in advance the aid in accordance with
Article 16 of this Regulation.

the
with Article 16(1) with the competent authorities of
Member States where the products are stored or will be stored.

In sectors where the storage scheme is open only to one
2.
or several regions or Member States, tenders and applications
may be lodged only in those regions or Member States.

Tenders or applications for private storage aid for salted
3.
and unsalted butter and cheeses shall relate also to products
which have been fully placed in storage.

Tenders and applications for private storage aid for fresh
4.
or chilled meat of bovine animals, pig, sheep, goat and olive oil
shall relate to quantities of those products which have not yet
been placed in storage.

5.
Tenders or applications for private storage aid for sugar
shall relate to sugar which is already placed into storage or
which will be placed in storage.

Article 8

Conditions related to the eligibility of operators

Operators applying or submitting a tender for private
established and registered for VAT

1.
storage aid shall be
purposes in the Community.

2.
In the case of olive oil, operators applying or submitting a
tender for private storage aid shall fulfil the conditions laid
down in paragraph 1 and the additional requirements laid
down in Annex IV.

3.
In the case of sugar, operators applying or submitting a
tender for an aid for private storage shall fulfil the conditions
laid down in paragraph 1 and shall be sugar manufacturers as
referred to in point
(a) of Article 7(1) of Regulation (EC)
No 952/2006.

CHAPTER II

Aid granted through a tendering procedure

Article 9

Opening of the tendering procedure

1.
A tendering procedure shall be opened in accordance with
the procedure referred to in Article 195(2) of Regulation (EC)
No 1234/2007 by way of Regulation, hereinafter referred to as
‘Regulation opening the tendering procedure’.

Article 7

The Regulation opening the tendering procedure may

2.
contain the following information:

Tenders and applications for private storage aid

1.
An operator seeking aid shall either lodge a tender in
accordance with Article (9)(1), or an application in accordance

(a)

the products covered with their
applicable;

relevant CN codes,

if

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(b) the unit of measurement of the quantities (lots, batches,

(b) it indicates the identification data of the tenderer: name,

vats/silos);

address and the VAT registration number;

(c)

the period covered (‘tendering period’) and the different sub-
periods when the tenders can be lodged;

(c)

indicates the product with its relevant CN code,

it
applicable;

if

(d) the opening and closing time between which tenders may

be lodged;

(d)

it indicates the storage period, if necessary;

(e)

the minimum and the maximum period of storage;

(e)

it indicates the quantity of products covered by the tender;

(f)

the global quantity covered by the tendering procedure, if
necessary;

(g) the minimum quantity each tender must provide for;

(f) where products are already stored, it indicates the name and
address of the storage place, the storage lot/batch/vat/silo
number and where appropriate the approval number iden­
tifying the factory;

(h) the amount of the security per unit;

(g)

it indicates the amount of aid offered per unit and per day
in euros and cents, exclusive of VAT;

(i)

the periods of placing into store and of removal from store;

(j)

the specifications that have to appear on the packages.

At least six days must elapse between the entry into force
3.
of the Regulation opening the tendering procedure and the first
date for the submission of tenders.

Article 10

Submission of tenders

Tenders shall be lodged using the method made available

1.
to the operators by the Member State concerned.

The competent authorities of the Member States may require
that electronic tenders be accompanied by an advance electronic
signature within the meaning of Article 2, point (2) of Directive
1999/93/EC of the European Parliament and of the Council (1)
or by an electronic signature offering equivalent assurances with
regard to the functionalities attributed to a signature by
applying the same rules and conditions as those defined in
the Commission’s provisions on electronic
and digitised
documents, set out by Commission Decision 2004/563/EC,
Euratom (2), and in its implementing rules.

2.

A tender shall be valid if the following conditions are met:

(a)

indicates a reference to the Regulation opening the
the sub-

it
tendering procedure and the expiry date for
period of submission of the tenders;

(h) the tenderer has lodged a security before the end of the
submission sub-period,
in accordance with the provisions
of Title III of Regulation (EEC) No 2220/85, and has
provided proof thereof within the same period;

(i)

(j)

it does not include any additional conditions introduced by
the tenderer other than those laid down in this Regulation
and in the Regulation opening the tendering procedure;

it is presented in the official language, or one of the official
languages of
the Member State in which the tender is
lodged.

Tenders shall not be withdrawn or amended after their

3.
submission.

Article 11

Examination of tenders

The competent authorities of

1.
the Member States shall
decide on the validity of tenders on the basis of the conditions
set out in Article 10(2).

2.
Persons authorised to receive and examine the tenders
shall be under an obligation not to disclose any particulars
relating thereto to any unauthorised person.

(1) OJ L 13, 19.1.2000, p. 12.
(2) OJ L 251, 27.7.2004, p. 9.

3. Where the competent authorities of the Member States
decide that a tender is invalid they shall inform the tenderer.

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Article 12

Article 14

Notification of the tenders to the Commission

Individual decisions on tenders

All valid tenders shall be notified to the Commission by

1.
the competent authorities of the Member States.

The notifications shall not contain the data referred to in

2.
Article 10(2)(b).

1. Where a maximum amount of aid has been fixed in
accordance with Article 13(1)(b), the competent authorities of
the Member States shall accept tenders which are equal to or
lower
to
Article 13(2). All the other tenders shall be rejected.

than the maximum amount without prejudice

3.
The notifications shall be made by electronic means, using
the method indicated to the Member States by the Commission,
within a specific period fixed by the Regulation opening the
tendering procedure in question.

4.
The form and content of the notifications shall be defined
on the basis of models made available by the Commission to
the Member States.

The competent authorities of

5.
notify nil
referred to in paragraph 3.

returns

the Member States shall
to the Commission within the period

2. Where no maximum amount of aid has been fixed all
tenders shall be rejected.

The competent authorities of
the Member States shall not
accept tenders that have not been notified as provided for in
Article 12(1).

The competent authorities of

3.
the Member States shall
adopt the decisions referred to in paragraphs 1 and 2 of this
Article after the publication of Commission’s Decision on aid
referred to in Article 13(1) and shall notify to tenderers the
outcome of
three
working days after the publication.

their participation within a deadline of

Article 13

Decision on the basis of the tenders

The rights and obligations of the successful tenderer shall

4.
not be transferable.

1.
On the basis of the tenders notified in accordance with
Article 12(1), the Commission shall decide in accordance with
the procedure referred to in Article 195(2) of Regulation (EC)
No 1234/2007:

Article 15

Primary requirements and securities

(a) not to fix a maximum amount of the aid; or

The primary

1.
Article 20(2) of Regulation (EEC) No 2220/85 shall be:

requirements within the meaning of

(b) to fix a maximum amount of the aid.

(a) not to withdraw a tender;

2. Where Article 9(2)(f) applies, the Commission shall,
in
accordance with the procedure referred to in Article 195(2) of
Regulation (EC) No 1234/2007, fix a coefficient, applicable to
the tenders which have been introduced at
the level of
if the award of the total quantities for which
maximum aid,
that amount has been offered would lead to the global quantity
being exceeded.

(b) to place and to keep in storage at least 99 %, respectively
90 % for meat products, 98 % for olive oil and 95 % for
cheeses of
the contractual
storage period, at the risk of contracting party within the
meaning of Article 19 of this Regulation and under the
conditions referred to in Article 22(1)(a) of this Regulation;

the contractual quantity for

By way of derogation from Article 10(3), a tenderer to which
such a coefficient applies may decide to withdraw its tender
within 10 days from the publication of the abovementioned
Regulation fixing the coefficient.

(c) where Article 28(3) applies,

to export

the products in

accordance with one of the three options listed therein.

2.

Securities shall be released immediately where:

3.
Decisions on private storage aid referred to in paragraphs
1 and 2 shall be published in the Official Journal of the European
Union

(a)

the tender is invalid or rejected, or it is withdrawn in case of
application of the second subparagraph of Article 13(2);

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(b) in case of
Article 13(2)
correspond to the quantity not accepted.

application of
the amount of

first

subparagraph of
the
the released security shall

Securities shall be released in respect of quantities for

3.
which the contractual obligations have been fulfilled.

4. Where the time limit for placing in storage, as set out in
Article 25(1) of this Regulation is exceeded, the security shall be
forfeit
in accordance with Article 23 of Regulation (EEC)
No 2220/85.

CHAPTER III

Aid fixed in advance

Article 16

Fixing the amount of aid in advance

The amount of aid for private storage shall be fixed in
1.
advance in accordance with the procedure referred to in
Article 195(2) of Regulation (EC) No 1234/2007 by way of
Regulation, hereinafter referred to as ‘Regulation fixing the
amount of aid in advance’.

The Regulation fixing the amount of aid in advance may

2.
contain the following information:

(a)

the products covered with their
applicable;

relevant CN codes,

if

(b) the amount of aid for private storage per unit of weight for

the products covered;

(c)

the unit of measurement of the quantities (lots, batches,
vats, silos);

(d) the minimum quantity per application;

(e)

the period of application for private storage aid;

(f)

the periods of placing into store and of removal from store;

Article 17

Applications for aid

Applications shall be lodged using the method made

1.
available to the operators by the Member State concerned.

The competent authorities of the Member States may require
that electronic applications be accompanied by an advance elec­
tronic signature within the meaning of Article 2, point (2) of
Directive 1999/93/EC or by an electronic signature offering
equivalent
functionalities
attributed to a signature by applying the same rules and
conditions as those defined in the Commission’s provisions
on electronic and digitised documents, set out by Decision
2004/563/EC, Euratom, and in its implementing rules.

assurances with regard to the

Applications shall be valid if the following conditions are

2.
met:

(a)

it indicates a reference to the Regulation fixing the amount
of aid in advance;

(b) it indicates the identification data of the applicants name,

address and the VAT registration number;

(c)

indicates the product with its relevant CN code,

it
applicable;

if

(d)

it indicates the quantity of products;

(e)

it indicates the period of storage, if applicable;

(f) where products are already stored, it indicates the name and
address of the storage place, the storage lot/batch/vat/silo
number and where appropriate the approval number iden­
tifying the factory;

(g)

it does not include any additional conditions introduced by
the applicant other than those laid down in this Regulation
and in the Regulation fixing the amount of aid in advance;

(g) the minimum and the maximum period of storage;

(h) it is presented in the official language, or one of the official
languages of the Member State in which the application is
lodged;

(h) the specifications that have to appear on the packaging;

(i)

the amount of the security per unit, if applicable.

(i)

the applicant has lodged a security, in accordance with the
provisions of Title III of Regulation (EEC) No 2220/85, and
provided proof thereof, if applicable.

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The content of the applications shall not be amended after

3.
their submission.

(a)

the name and address of the storage place or places and, for
each storage place, details of the precise location of the silos
or lots or vats or batches with the corresponding quantities;

Article 18

Primary requirements and securities

1. Where Article 17(2)(i) applies the primary requirements
within the meaning of Article 20(2) of Regulation (EEC)
No 2220/85 shall be the following:

(a) not to withdraw a contract application;

(b) to place and to keep in storage at least 99 %, respectively
90 % for meat products, 98 % for olive oil and 95 % for
cheeses of
the contractual
storage period, at the risk of contracting party within the
meaning of Article 19 of this Regulation and under the
conditions provided for in Article 22(1)(a);

the contractual quantity for

(c) where Article 28(3) applies,

to export

the products in

accordance with one of the three options listed therein.

Securities shall be released immediately where contract

2.
applications are not accepted.

Securities shall be released in respect of quantities for

3.
which the contractual obligations have been fulfilled.

4. Where the time limit for placing into storage as set out in
Article 25(1) of this Regulation is exceeded, the security shall be
forfeit
in accordance with Article 23 of Regulation (EEC)
No 2220/85.

CHAPTER IV

Contracts

Article 19

Conclusion of contracts

Contracts shall be concluded between the competent authority
of the Member State on whose territory the products are stored
or will be stored and the successful tenderer or applicant who
fulfils the requirements laid down in Article 8, hereafter referred
to as the ‘contracting party’.

(b) notification of the date of entry into store of each of the
lots which are not yet in place and the necessary time
framework for placing the contractual quantity into store;
for each lot entering the place of storage, the quantity and
the precise location have to be indicated.

the information
The competent authority may require that
referred to above is given at least two working days before
the placing in storage of each lot.

Article 21

Elements of the contract

shall

this Regulation,

include the elements provided for
and either
in the relevant provisions of

in
The contract
elements
Article 22 of
the Regulation
provided for
opening a tendering procedure and in the tender, or
the
elements provided for in the relevant provisions of the Regu­
lation fixing the amount of aid in advance and in the appli­
cation.

the

Article 22

Obligations of the contracting party

Contracts shall stipulate at least the following obligations

1.
for the contracting party:

(a)

to place and to keep the contractual quantity in storage,
during the contractual storage period, at his own risk and
expense in conditions ensuring the maintenance of
the
characteristics of
the products referred to in Annex I,
without substituting the stored products or transferring
them to another
for cheeses
where the contracting party submits a reasoned request,
the competent authority may authorise a relocation of the
stored products. For other products, where the contracting
party submits a reasoned request the competent authority
may authorise a relocation of the stored products only in
exceptional cases;

storage place. However,

Article 20

Information related to the place of storage

(b) to retain the weighting-in documents established at the time

of entry into the storage place;

After the reception of the notification from the Member State
referred to in Article 14(3) or after the conclusion of
the
contract referred to in Article 23(1) or after the notification
or
in
the
Article 23(2), the successful tenderer or applicant shall send
to the competent authority of the Member State:

publication

decisions

referred

the

to

of

(c)

to send the documents relating to the operations for placing
in storage to the competent authority not later than one
month after the date of placing into storage referred to in
Article 25(1);

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(d) to allow the competent authority to check at any time that
the obligations laid down in the contract are being

all
observed;

(c)

the quantity indicated per storage in lot/batch/vat/silo;

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

(e)

to make the products stored easily accessible and indivi­
dually identifiable: each unit
individually stored shall be
marked so that date of placing in storage, the contract
number, the product and the weight are shown.

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

the

(a)

the approval number
Member State of production, if necessary;

identifying the factory and the

(b) the origin and the date of manufacture of the products or
for sugar, the marketing year of manufacture and when
appropriate the day of slaughtering;

(c)

the date of placing into storage;

(d) the weight and the number of pieces packaged;

(e)

the presence in the store and the address of the store;

(f)

the expected date of the end of the contractual storage
period and completed by the actual date of removal.

As regards point (d) of the first subparagraph, where meat is
placed in storage after cutting, partial deboning or deboning,
weighing shall be carried out on products actually placed in
storage and may be done at
the place of cutting, partial
deboning or deboning. The determination of weights of
products to be placed in storage shall not take place before
the contract is concluded.

3.
The contracting party or, where applicable the operator of
the storage place, shall keep stock accounts available at the
warehouse covering, by contract number:

(a)

the identification of the products placed in private storage
by lot/batch/vat/silo;

(b) the dates of placing in and removal from storage;

Article 23

Conclusion of contracts for the aid fixed in advance

1.
For products already placed in storage, contracts shall be
concluded within 30 days of the date of receipt of the infor­
mation referred to in Article 17(2)(f) subject, where appropriate,
to subsequent confirmation of the eligibility of the products as
referred to in the second subparagraph of Article 36(2). If elig­
ibility is not confirmed,
the contract concerned shall be
considered as null and void.

2.
For products which are not yet stored, decisions on appli­
cations shall be notified by the competent authority to each
applicant on the fifth working day following the day on
the
which the
Commission does not adopt special measures in accordance
with paragraph 3 in the intervening period; the contract shall
be deemed to have been concluded on the day of despatch of
the notification of the decision referred to in this paragraph.

submitted, provided that

application is

3.
In the case of an aid fixed in advance for beef meat,
pigmeat, sheepmeat and goatmeat, where an examination of
the situation reveals that excessive use has been made of the
aid scheme established by this Regulation, or that there is a risk
of excessive use, the Commission may:

(a) suspend the application of the scheme for not more than
to conclude contracts

five working days; applications
submitted during that period shall not be accepted;

(b) set a single percentage by which the quantities in the appli­
to
to conclude contracts are reduced,
the minimum contractual quantity where

subject

cations
observance of
appropriate;

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

Article 24

Conclusion of contracts for the aid granted by tendering
procedure

After the complete transmission of information referred to in
Article 20, the competent authority of the Member State shall
notify the successful tenderer that all the necessary information
has been provided and that from that moment on a contract is
considered as being concluded.

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The date of conclusion of the contract shall be that on which
the competent authority of
the Member States notifies the
contracting party.

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

suitable facilities outside the place of storage;

Article 25

Placing into storage for products not yet in storage

For products for which placing in storage takes place after
1.
the conclusion of a contract, the contractual quantity shall be
placed into storage within 28 days following the date of
conclusion of the contract.

The products shall be placed in storage in individual lots/
2.
batches/vats/silos,
the
lot/batch/vat/silo
quantity placed in storage on a given day by contract and by
storage place.

representing

each

3.
Placing in storage shall end on the day on which the last
individual lot/batch/vat/silo of the contractual quantity is placed
in storage.

Article 26

Additional provisions concerning placing into storage for
meat products

In the case of beef, contracting parties may, under the
1.
permanent supervision of the competent authority 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
carcases is employed to ensure that the tonnage for which the
contract has been concluded is stored and that all the meat
resulting from such operation is placed in storage. Contracting
parties wishing to make use of this option shall notify the
competent authority no later than the day on which placing
in storage begins.

However, the competent authority may require that the notifi­
cation referred to in the first subparagraph takes 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
shall not be stored.

2.
For meat products, placing in storage shall begin, for each
individual lot of the contractual quantity, on the day on which
it comes under the control of the competent authority. That day
shall be the day on which the net weight of the fresh chilled
product is determined:

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

placed in storage after deboning or cutting.

Article 27

Contractual storage period

1. Where products are placed in storage after the conclusion
of a contract, the contractual storage period starts on the day
lot/batch/vat/silo has been
following that
placed into storage.

in which the last

For products already placed in storage, the contractual
2.
storage period shall start on the day following that of receipt
by the competent authorities of the information referred to in
Articles 10(2)(f) and 17(2)(f).

For olive oil the contractual storage period shall not start

3.
until the vats are sealed after the taking of samples.

4.
The last day of the storage period may be fixed in the
Regulation opening the tendering procedure or in the Regu­
lation fixing the amount of aid in advance, as referred to in
Articles 9(2)(i) and 16(2)(f).

Article 28

Removal from storage

1.
Removal from storage may start on the day following the
last day of the contractual storage period or, as the case may be,
from the date specified in the Regulation fixing the amount of
aid in advance or opening the tendering procedure.

Removal from store shall be in whole storage lots or, if

2.
the competent authority so authorises, in smaller quantities.

However,
in the case referred to in Article 27(3) and in
Article 36(5)(a), only a sealed quantity may be removed from
store.

3.
It may be provided that 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 a given contract,
subject to a minimum of 5 tonnes per contracting party and
per storage place or, if less than 5 tonnes is available, the total
quantity under contract in a storage place, provided that, within
the
60 days following their removal
following conditions is met:

from storage, one of

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

premises;

(a)

the products left the Community’s customs territory without
further processing;

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(b) the products
processing,
Commission Regulation (EC) No 800/1999 (1); or

further
in the cases referred to in Article 36(1) of

reached their destination without

(c)

the products are placed without
further processing in a
victualling warehouse approved pursuant to Article 40(2)
of Regulation (EC) No 800/1999.

The contractual storage period shall end for each individual lot
intended for export on the day before:

Where the requirement in the first paragraph is not complied
with and the competent authority is not satisfied that sufficient
evidence has been furnished, within 30 days following removal
from the storage place, of the date of removal from storage and
the quantities concerned, no aid shall be paid in respect of the
contract concerned, and where applicable, the whole of the
security shall be forfeit in respect of the contract concerned.

CHAPTER V

Payment of aid

Article 30

(a)

the day of removal from storage; or

Application for payment of aid

(b) the day of acceptance of the export declaration, where a

product has not been moved.

The amount of aid shall be reduced in proportion to the
reduction in the storage period by applying daily amounts to
be fixed by the Commission in accordance with the procedure
referred to in Article 195(2) of Regulation (EC) No 1234/2007.

For the purposes of this paragraph, proof of export shall be
furnished in accordance with Articles 7 and 8 of Regulation
(EC) No 800/1999 in the case of products qualifying for a
refund.

In the case of products not qualifying for a refund, proof of
export shall be furnished in the cases provided for in Article 8
of Regulation (EC) No 800/1999 by producing the original T5
in accordance with Articles 912a, 912b, 912c,
control copy,
912e
and 912g of Commission Regulation (EEC) No
2454/93 (2). In box 107 of the control copy the number of
this Regulation shall be mentioned.

Article 29

Notification of the removal

1.
The aid, or, where an advance payment has been granted
pursuant to Article 31, the balance of aid, shall be paid on the
basis of an application for payment lodged by the contracting
party within three months after the end of the contractual
storage period.

2. Where the contracting party was unable to produce
supporting documents within the time limit of three months
despite acting promptly to obtain them on time, he may be
three
given extensions, which may not exceed a total of
months.

this
3. Where the first subparagraph of Article 28(3) of
Regulation applies,
shall be produced
the necessary proof
within the time limits specified in Article 49(2), (4) and (6) of
Regulation (EC) No 800/1999.

Article 31

Advance payment of the aid

1.
After 60 days of storage, a single advance payment of the
aid may be made, at the contracting party’s request, provided
that he lodges a security equal to the advance payment plus
10 %.

The contracting party shall notify the competent authority
before it intends to begin removing products from storage, in
accordance with the provisions laid down in Article 36(6).

2.
The advance payment shall not exceed the amount of aid
corresponding to a storage period of 90 days or three months,
where appropriate. The security referred to in paragraph 1 shall
be released as soon as the balance of aid has been paid.

Where the requirement in the first paragraph is not complied
with but
the competent authority is satisfied that sufficient
following
evidence has been furnished, within 30 days
removal from the storage place, of the date of removal from
storage and the quantities concerned, the aid shall be reduced
by 15 % and shall only be paid in respect of the period for
which the contracting party supplies to the competent authority
satisfactory proof
the product has been maintained in
contractual storage.

that

(1) OJ L 102, 17.4.1999, p. 11.
(2) OJ L 253, 11.10.1993, p. 1.

Article 32

Payment of aid

Payment of the aid or of the balance of aid shall be carried out
within 120 days following the day when an application for the
payment of aid has been lodged provided that the obligations of
the contract have been met and the final check has been carried
if an administrative inquiry is under way,
out. However,
payment
entitlement has been
recognised.

shall not be made until

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Article 33

Payment of aid in case of deboning in the beef meat sector

1.
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.

If the quantity actually stored exceeds 67 kilograms but is
2.
lower than 75 kilograms of boneless meat per 100 kilograms of
bone-in meat employed, the amount of aid shall be reduced
proportionally.

3.
No reduction or increase of the amount of aid shall apply
where the quantity actually stored is 75 kilograms or more of
boneless meat per 100 kilograms of bone-in meat employed.

Article 34

Reduction of the amount or exclusion of the payment

Except in cases of force majeure,

1.
if the quantity actually
stored during the contractual storage period is less than the
contractual quantity and not less than 99 % of that quantity,
the aid shall be paid for the quantity actually stored. However, if
the competent authority finds that the contracting party acted
deliberately or negligently, it may decide to further reduce or
not to pay the aid.

For pigmeat, beef, sheepmeat and goatmeat, the aid shall be
paid for the quantity actually stored if this represents not less
than 90 % of the contractual quantity.

For olive oil, the aid shall be paid for the quantity actually
stored if this represents not less than 98 % of the contractual
quantity.

For cheese the aid shall be paid for the quantity actually stored
if this represents not less than 95 % of the contractual quantity.

Except in cases of force majeure,

2.
if the quantity actually
stored during the contractual storage period is less than the
percentages indicated in paragraph 1, but not less than 80 %
of the contractual quantity, the aid for the quantity actually
stored shall be reduced by half. However,
if the competent
authority finds that the contracting party acted deliberately or
negligently, it may decide to further reduce or not to pay the
aid.

If the time limit referred to in Article 25(1) is exceeded by

4.
more than 10 days, no aid shall be granted.

If checks during storage or on removal reveal defective
5.
products, no aid shall be paid for
those quantities. The
remainder of the storage lot which is still eligible for aid shall
be not less than the minimum quantity provided in the Regu­
lation opening the tendering procedure or in the Regulation
fixing the amount of aid in advance. The same rule shall
apply where part of a storage lot/batch is removed for that
reason before the minimum storage period or, before the first
date allowed for removal operations, where such a date is
tendering
in the Regulation opening
provided for
procedure or in the Regulation fixing the amount of aid in
advance.

the

Defective products shall not be included in the calculation of
the quantity actually stored referred to in paragraphs 1, 2 and 3.

to respect

the contractual

Except in cases of

force majeure, where the contracting
6.
party fails
storage
the end of
period, if any has been fixed in accordance with Article 27(4),
or the two-month time limit referred to in Article 28(3) for the
the quantity stored, each calendar day of non-
totality of
compliance shall entail a reduction of 10 % in the amount of
aid for the contract in question. However, this reduction shall
not exceed 100 % of the amount of the aid.

CHAPTER VI

Communications

Article 35

Obligations of communications from the Member States to
the Commission

1. Member States shall notify the Commission:

(a) at least once a week the products and the quantities for
which contracts have been concluded during the preceding
week, broken down by storage period and where applicable,
the quantities of products
to
conclude contracts have been submitted;

for which applications

(b) not later than the end of the month for the previous month:

(i) the quantities of products placed into and leaving
storage during the month concerned and where
applicable, broken down by categories;

Except in cases of force majeure,

3.
if the quantity actually
stored during the contractual storage period is less than 80 %
of the contracted quantity, no aid shall be paid.

(ii) the quantities of products in storage at the end of the
month concerned and where applicable, broken down
by categories;

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(iii) the quantities of products in respect of which the

contractual storage period has ended;

3. Where the Member State can offer duly justified reasons,
the 30-day limit laid down in paragraph 2 may be extended by
15 days.

(iv) if the storage period has been shortened or extended, in
accordance with Article 43(d)(ii) and (iii) of Regulation
(EC) No 1234/2007, the products and quantities in
respect of which the storage period has been revised,
from
and the initial and revised dates for removal
storage.

The Commission shall provide the Member States with

2.
models for all the notifications.

3. More detailed information on notifications shall be laid
down in the Regulations fixing the amount of aid in advance
or in the Regulations opening the tendering procedure.

CHAPTER VII

Checks and penalties

Article 36

Checks

1. Member States shall take all necessary measures to ensure
compliance with this Regulation. Those measures shall include
full administrative checking of aid applications, which shall be
supplemented by on-the-spot checks as specified in paragraphs
2 to 8.

The authority responsible for checking shall conduct

2.
checks on the products entering storage:

If

the checks show that

4.
the products stored do not
correspond with the quality requirements mentioned in Annex
I, the security referred to in Article 9(2)(h) and Article 16(2)(i), if
lodged, shall be forfeit.

5.

The authority responsible for checking shall:

(a) seal the products by contract, storage lot/batch or a smaller
quantity at the time of the check provided for in paragraph
2; or

(b) make an unannounced check to ensure that the contractual

quantity is present in the storage place.

The check referred to in point (b) of the first subparagraph shall
correspond to at least 10 % of the total quantity under the
contract and shall be representative. Such checks shall include
referred to in
stock records as
an examination of
Article 22(3) and supporting documents,
such as weigh
tickets and delivery dockets, and a verification of weight, type
of products and their identification relating to at least 5 % of
the quantity subject to the unannounced check.

the

6.
At the end of the contractual storage period, the authority
responsible for checking shall, in respect of each contract, by
sampling, verify weight and identification of the products in
storage. For the purposes of this check, the contracting party
shall
indicating the storage lots/
batches/vats/silos involved, at least five working days before:

inform the competent body,

(a)

for meat products, at the time of placing into storage;

(a)

the end of the maximum contractual storage period; or

(b) for olive oil, prior to sealing of vats;

(b) the start of

removal operations where the products is
removed before the expiry of the maximum contractual
storage period.

(c)

for other products, within 30 days from the date of placing
into storage or from the date of receipt of the information
referred to in Articles 10(2)(f) or 17(2)(f) for the products
already in storage.

The Member States may accept a shorter time limit than five
working days.

Without prejudice to Articles 26, 27(3) and point (a) of the first
subparagraph of paragraph 5 of this Article in order to ensure
that the products stored are eligible for aid, a representative
sample of at least 5 % of the quantities placed in storage shall
be physically checked to ensure that, as regards, inter alia, the
weight,
identification, nature and composition of products,
storage lots conform to the particulars in the application for
concluding a contract.

7. Where the option in paragraph 5(a) applies, the presence
and integrity of the seals applied shall be verified at the end of
the contractual storage period. Sealing and handling costs shall
be borne by the contracting party.

Any samples taken for verification of

8.
the quality and
composition of the products shall be taken by the officials of
the authority responsible for checking or in their presence.

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A physical check or verification of weight shall be conducted in
the presence of those officials at the weighing procedure.

accordance with Article 38(1), and/or in the repayment of an
unduly paid aid,
in
accordance with paragraph 4 of that Article.

including interests where applicable,

For the purposes of audit trail, all stock and financial records
and documents checked by those officials shall be stamped or
initialled during the control visit. Where computer records are
verified, a copy shall be printed and retained on the inspection
file.

Article 37

Reporting

1.
The authority responsible for checking shall draw up a
control report on each on-the-spot check. The report shall
describe precisely the different items checked.

The report shall set out:

(a)

the date and time of commencement of the check;

(b) details of advance notice given;

(c)

the duration of the check;

(d) the responsible persons present;

(e)

the nature and extent of the checks carried out, providing,
in particular, details of
the documents and products
examined;

Article 38

Penalties

information and where the incorrect

1. Where the competent authority of a Member State finds
that a document presented by a tenderer or applicant for the
attribution of the rights deriving from this Regulation provides
information
incorrect
concerned is decisive for the attribution of
the
competent authority shall exclude the tenderer or applicant
from the procedure of granting private storage aid for the
same product for which the incorrect information has been
given for a period of one year from the moment when a
final administrative decision establishing the irregularity has
been taken.

that right,

2.
The exclusion provided for in paragraph 1 shall not apply
if the tenderer or applicant proves, to the satisfaction of the
competent authority,
the situation referred to in that
that
paragraph is due to force majeure or obvious error.

3.
Unduly paid aid shall be recovered, with interest from the
operators concerned. The rules laid down in Article 73 of
Commission Regulation (EC) No 796/2004 (1)
shall apply
mutatis mutandis.

Implementation of administrative penalties and recovery
in this Article,
irregularities to
to Commission Regulation (EC)

4.
of unduly paid amounts, as provided for
are without prejudice to communication of
the Commission pursuant
No 1848/2006 (2).

(f)

the findings and conclusions;

CHAPTER VIII

Amendments, repeals and final provisions

(g) whether any follow-up is required.

Article 39

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

In case of significant irregularities affecting at least 5 % of
2.
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
checking.

Amendment to Regulation (EC) No 562/2005

Paragraph 2 of Article 1 and Article 3 of Regulation (EC)
No 562/2005 are deleted.

Article 40

Amendment to Regulation (EC) No 952/2006

Chapter VIa of Regulation (EC) No 952/2006 is deleted.

However,
concluded in 2008 under the deleted Chapter.

it shall continue to apply in respect of contracts

3.
The authority responsible for checking shall record any
case of non-compliance on the basis of the criteria of gravity,
extent, duration and repetition that may result in exclusion in

(1) OJ L 141, 30.4.2004, p. 18.
(2) OJ L 355, 15.12.2006, p. 56.

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Article 41

Amendment to Regulation (EC) No 105/2008

Chapter III of Regulation (EC) No 105/2008 is deleted.

it shall
Regulation (EC) No 2659/94 is repealed. However,
continue to apply in respect of contracts concluded under
that repealed Regulation before 1 March 2009.

However,
concluded in 2008 under the deleted Chapter.

it shall continue to apply in respect of contracts

Regulation (EC) No 414/2008 is repealed. However,
it shall
continue to apply in respect of contracts concluded under
that repealed Regulation during the marketing year 2008/2009.

Article 42

Repeals

(EC) No
Regulations (EEC) No 3444/90,
(EC) No 6/2008 and (EC) No 85/2008 are
2153/2005,
repealed. However, they shall continue to apply in respect of
contracts concluded under the repealed Regulations before the
entry into force of this Regulation.

(EC) No 907/2000,

Article 43

Entry into force

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

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

Done at Brussels, 20 August 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

QUALITY REQUIREMENTS

Aid should be granted only for the storage of products of sound and fair marketable quality, of Community origin and
for which quality requirements have to be laid down.

Levels of radioactivity in the products eligible for private storage aid may not exceed the maximum levels permitted,
where applicable, under Community rules. The level of radioactive contamination of the products shall be monitored only
if the situation so requires, and during the requisite period. Where necessary, the duration and scope of checks shall be
determined in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

I. Meat

Private storage aid shall be granted only for meat fulfilling the following criteria:

(a) beef classified in accordance with the Community scale for the classification of carcases laid down in Council
Regulation (EC) No 1183/2006 (1), and identified in accordance with Article 4(3)(c) of Commission Regulation
(EC) No 1669/2006 (2);

(b) carcases of lambs less than 12 months old and cuts thereof derived from animals identified in accordance with

Council Regulation (EC) No 21/2004 (3).

(c) it shall come from animals raised in the Community since at least the last three months in case of beef, two months
in case of pigmeat and sheepmeat and goatmeat and slaughtered not more than 10 days before the date on which the
products are placed in storage;

(d) it shall be derived from animals raised in accordance with the prevailing veterinary requirements;

(e) it shall have obtained the health mark referred to in Section I of Annex II to Regulation (EC) No 853/2004 of the

European Parliament and of the Council (4);

(f)

it shall have no characteristics rendering it unfit for storage or subsequent use;

(g) it shall not come from animals slaughtered as a result of emergency measures;

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

II. Cheeses

1. Grana Padano, Parmigiano-Reggiano and Provolone cheeses

Private storage aid shall be granted only for cheeses:

(a) of the minimum age provided for in Article 28(b) of Regulation (EC) No 1234/2007 on the date when storage under

the contract commences and which have not been the subject of a previous storage contract;

(b) for which each lot weights at least two tonne;

(c) indelibly stamped with:

(i) a mark issued by the agency appointed by the Member State;

(ii) the number identifying the factory which has manufactured them;

(iii) the month of manufacture, which may be in code;

(iv) a special storage mark put on the cheeses when they are taken into storage in order to distinguish them from

those not covered by a storage contract.

(1) OJ L 214, 4.8.2006, p. 1.
(2) OJ L 312, 11.11.2006, p. 6.
(3) OJ L 5, 9.1.2004, p. 8.
(4) OJ L 139, 30.4.2004, p. 55; corrected by OJ L 226, 25.6.2004, p. 22.

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2. Long-keeping cheeses, Pecorino Romano, Kefalotyri and Kasseri

Private storage aid shall be granted only for:

(a) whole cheeses;

(b) cheeses manufactured in the Community and which:

(i) are indelibly marked with an indication of the undertaking in which they were manufactured and of the day and

month of manufacture; the above details may be in code form;

(ii) have undergone quality tests which establish their classification after maturing.

III. Butter

Private storage aid shall only be granted for butter produced in an undertaking approved in accordance with
Article 4(1)(a), (b) and (c) of Regulation (EC) No 105/2008, during the 28 days preceding the day of application or
the day of submission of the tender.

The packaging of the butter shall show at least the following particulars, which may be encoded, where appropriate:

(a) the number identifying the factory and the Member State of production;

(b) the date of production;

(c) the date of entry into storage;

(d) the production batch number;

(e) the word ‘salted’

in the case of butter as referred to in the Article 28(a)(ii) of Regulation (EC) No 1234/2007;

(f)

the net weight.

Member States may waive the obligation to indicate the date of entry into store on the packaging provided the store
manager undertakes to keep a register in which the particulars referred to in the first subparagraph are entered on the
date of entry into store.

IV. Sugar

Sugar for which a tender or application is presented shall be:

(a) white sugar in crystal form in bulk and/or in big bags (800 kg or more) and/or in 50 kg bags;

(b) produced within a quota of the marketing year in which the tender or application is made with the exclusion of white

sugar withdrawn, carried forward or offered to public intervention;

(c) of sound and fair marketable quality, free-flowing, with a moisture content not exceeding 0,06 %.

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EN

Official Journal of the European Union

21.8.2008

ANNEX II

BUTTER STORED IN ANOTHER MEMBER STATE THAN THE MEMBER STATE OF PRODUCTION

Where the butter is stored in a Member State other than the Member State of production the conclusion of the storage
contract shall be subject to presentation of a certificate.

The certificate shall contain the number identifying the factory and the Member State of production, the date of
production and the production batch number and confirm that the butter has been produced in an approved undertaking
which is subject to checks verifying that the butter is produced from cream or milk within the meaning of Article 6(2)(b)
and (d) of Regulation (EC) No 1234/2007.

The certificate shall be supplied by the competent body of the Member State of production within 50 days of the date of
the butter’s entry into storage.

In the case where the butter is stored in a Member State other than the Member State of production storage contracts
shall be concluded within 60 days of the date of registration of the application subject, where appropriate, to subsequent
confirmation of the eligibility of the butter as referred to in Article 36(2) second subparagraph. In the case where the
eligibility is not confirmed, the contract concerned shall be considered as null and void.

Where the Member State of production has performed the checks on the nature and composition of the butter, the
certificate shall contain the results of those checks and confirm that the product concerned is butter within the meaning
of the first subparagraph of Article 28(a)(i) and (ii) of Regulation (EC) No 1234/2007. In that case, the packaging shall be
sealed by means of a numbered label issued by the competent body of the Member State of production. The certificate
shall contain the number of the label.

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Official Journal of the European Union

L 223/21

ANNEX III

DATA REPORTING

A. Olive oil

(a) No later than every Wednesday, Member States shall send the Commission the average prices recorded on their
main representative markets the preceding week for the various categories of oil listed in Annex XVI to Regulation
(EC) No 1234/2007.

(b) Before 31 August, the Member States shall send the Commission a forecast of the total production of olive oil and
table olives for the current marketing year and a final estimate of the total production of olive oil and table olives
for the preceding marketing year.

(c) From September to May of each marketing year, Member States shall send the Commission, no later than the 15th
day of each month, a month-per-month estimate of the olive oil and table olives produced since the start of the
marketing year in question, as well as an update of the forecast mentioned in point (b).

(d) Member States shall establish the data-collection system they deem to be most appropriate for obtaining and
preparing the notifications referred to in points (b) and (c) and they shall specify, as appropriate, the data-
communication obligations of the olive sector operators concerned.

(e) The data referred to in points (a), (b) and (c) shall be sent on the forms provided by the Commission.

(f) The Commission may use other sources of information.

B. Beef

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 1669/2006.

(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 1669/2006.

(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.

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Official Journal of the European Union

21.8.2008

ANNEX IV

CONDITIONS APPLICABLE TO OPERATORS IN THE OLIVE OIL SECTOR

Olive oil operators shall fall into one of the following categories:

(a) a producers’ organisation comprising at least 700 olive growers if it acts as an organisation for the production and

marketing of olives and olive oil;

(b) a producer organisation representing at least 25 % of olive growers or of the olive oil production in the region in

which it is situated;

(c) an association of producer organisations from various economic areas and made up of at least 10 producer
organisations as referred to in (a) and (b) above or a number of organisations representing at least 5 % of the
olive oil production of the Member State concerned;

(d) a mill whose facilities can extract at least two tonnes of oil in an eight-hour working day and which has produced in

the two preceding marketing years at total of at least 500 tonnes of virgin olive oil;

(e) a packaging firm with a capacity, in the territory of a single Member State, equal at least to six tonnes of oil put up
per eight-hour working day, and which has put up over the two preceding marketing years a total of at least 500
tonnes of olive oil.

Should one or more of the organisations producing or marketing olives and olive oil be a member or members of the
organisation referred to in point (a) of the first subparagraph, the olive growers involved in such a grouping shall be
individually considered when calculating the minimum number of 700 growers.

Olive oil operators shall not be eligible if they are:

(a) subject to proceedings by the competent authorities for infringements of Regulations (EC) No 865/2004 and (EC)

No 1234/2007;

(b) has been penalised for infringing the production aid scheme provided for in Regulation No 136/66/EEC of the

Council (1) in the 2002/2003, 2003/2004 and 2004/2005 marketing years;

(c) has been penalised for infringing the scheme to fund the activities of oil operators’ organisations provided for in

Council Regulation (EC) No 1638/98 (2) in the 2002/2003, 2003/2004 and 2004/2005 marketing years.

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 210, 28.7.1998, p. 32.