The grant of the private storage aid provided for in Article 8 of Regulation (EEC) No 804/68 shall be subject to the conditions laid down in this Regulation.
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
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
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 July 1968 on the common organization of the market in milk products(1), as last amended by Regulation (EC) No 1880/94(2), and in particular Article 8 (4) thereof,
Whereas Regulation (EC) No 1880/94 repealed the intervention arrangements for Grana padano and Parmigiano-Reggiano cheeses; whereas, as a result, Commission Regulation (EEC) No 1107/68 of 27 July 1968 on detailed rules of application for intervention on the market in Grana padano and Parmigiano-Reggiano cheeses(3), as last amended by Regulation (EC) No 1003/94(4), should be amended;
Whereas, as a result of the large number of amendments made to Regulation (EEC) No 1107/68, and for the sake of clarity, that Regulation should be repealed and the provisions on the private storage scheme should be laid down in a new Regulation;
Whereas Commission Regulation (EEC) No 2496/78 of 26 October 1978 on detailed rules for the granting of private storage aid for Provolone cheese(5), as last amended by Regulation (EC) No 1002/94(6), should also be repealed and the provisions thereof intergrated into the new Regulation, in view of the fact that the legal bases are identical and the detailed rules of application are equivalent;
Whereas Article 1 (1) of Commission Regulation (EEC) No 1756/93 of 30 June 1993 fixing the operative events for the agricultural conversion rate applicable to milk and products(7), as last amended by Regulation (EC) No 180/94(8), lays down the conversion rate to be applied under the private storage aid measures in the milk sector;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk products,
HAS ADOPTED THIS REGULATION:
Article 1
Article 2
Private storage contracts shall be concluded between the intervention agency designated by the Member State and a natural or legal person, hereinafter referred to as ‘the contractor’.
Article 3
Conclusion of private storage contracts shall be subject to the following conditions:
-
the cheeses must be of the minimum age provided for in Article 8 (1) of Regulation (EEC) No 804/68 on the date when storage under the contract commences and must not have been the subject of a previous storage contract;
-
each lot of cheeses covered by the contract must weight at least two tonnes;
-
the cheeses must be of sound and fair marketable quality and be indelibly stamped with:
-
a mark issued by the agency appointed by the Member State,
-
the number of the undertaking which has manufactured them,
-
the month of manufacture, which may be in code,
-
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;
-
-
the storer must undertake:
-
not, during the term of the contract, to alter the composition of the lot which is the subject of the contract without prior authorization from the intervention agency. If the condition concerning the minimum quantity fixed for each lot continues to be met, the intervention agency may authorize an alteration which is limited to the removal or replacement of cheeses which are found to have deteriorated to such an extent that they can no longer be stored.
In the event of release from store of certain quantities:
-
if the aforesaid quantities are replaced with the authorization of the intervention agency, the contract is deemed not to have undergone any alternation;
-
if the aforesaid quantities are not replaced, the contract is deemed to have been concluded ab initio for the quantitiy permanently retained.
Any supervisory costs arising from an alternation shall be met by the storer,
-
-
to keep stock records and to transmit every week to the intervention agency details of entries and withdrawals during the previous week,
-
to allow the competent bodies to make checks at any time on compliance with obligations under the contract.
-
Article 4
The storage contract shall be concluded:
-
in writing and shall specify the date when storage under contract commences, the quantity of cheeses covered by the contract and the amount of aid;
-
after completion of the storage operations for the lot of cheese covered by the contract, but no later than 40 days after the date on which storage under contract commences.