Commission Regulation (EC) No 138/2009 of 18 February 2009 amending Regulation (EC) No 826/2008 laying down common rules for the granting of private storage aid for certain agricultural products
Date: 2009-02-18
Institutions: European Commission
Subjects: EU aid, Italy, agricultural product, cheese, private stock, storage premium

19.2.2009

EN

Official Journal of the European Union

L 48/3

COMMISSION REGULATION (EC) No 138/2009

of 18 February 2009

amending Regulation (EC) No 826/2008 laying down common rules for the granting of private
storage aid for certain agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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(d), in conjunction with Article 4 thereof,

Whereas:

Article 28(b)
in conjunction with Article 30 of Regu­
lation (EC) No 1234/2007 provide for compulsory
private storage aid for certain Italian cheeses.

aid for

storage
established in
Article 28 of Regulation (EC) No 1234/2007. This
abolition will come into effect as from 1 April 2009.

Italian cheeses

the

(5)

(6)

For a period of one month (1 March-31 March 2009)
Regulation (EC) No 826/2008 would apply for private
storage aid granted to certain Italian cheeses. This regu­
lation does not contain all necessary detailed rules for
this purpose. A new regulation for granting private
storage aid for these Italian cheeses would then have to
be adopted in accordance with Article 28 of Regulation
(EC) No 1234/2007. This new regulation would be
applicable for only one month.

In order to preserve the effectiveness of the scheme and
to reduce the administrative burden on operators and
national administrations it
is considered more appro­
priate to extend the application of Regulation (EC) No
2659/94 for the contracts concluded under that Regu­
lation before 1 April 2009.

Commission Regulation (EC) No 2659/94 (2) has laid
down the detailed rules concerning the private storage
aid for certain Italian cheeses.

(7)

Regulation (EC) No 826/2008 should be amended
accordingly.

of Commission Regulation
(EC) No
Article
42
826/2008 (3)
repealed Regulation (EC) No 2659/94
which however is continuing to apply in respect of
that Regulation before
contracts
1 March 2009.

concluded under

(EC) No 247/2006,

(EC) No 1405/2006,

Council Regulation (EC) No 72/2009 of 19 January 2009
on modifications to the Common Agricultural Policy by
amending Regulations
(EC) No
(EC) No 1234/2007,
320/2006,
(EC) No 3/2008 and (EC) No 479/2008 and repealing
Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC)
No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC)
(EC) No 1182/2005 and (EC) No
No 2596/97,
315/2007 (4)
the private
abolishes

(Health Check)

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

The second sentence of the second subparagraph of Article 42
of Regulation (EC) No 826/2008 is replaced by the following:

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 284, 1.11.1994, p. 26.
(3) OJ L 223, 21.8.2008, p. 3.
(4) OJ L 30, 31.1.2009, p. 1.

‘However, it shall continue to apply in respect of contracts
concluded under that repealed Regulation before 1 April
2009.’

(1)

(2)

(3)

(4)

L 48/4

EN

Official Journal of the European Union

19.2.2009

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

Article 2

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

Done at Brussels, 18 February 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission