Council Regulation (EC) No 1234/2007 (repealed)Show full title

Section IV Common provisions

Article 39 Rules concerning storage

1. Paying agencies may not store, outside the territory of the Member State within whose jurisdiction they fall, products they have bought in unless they have obtained prior authorisation from the Commission.

The territories of Belgium and Luxembourg shall be considered as a single Member State for the purposes of this Article.

2. Authorisation shall be granted if storage is essential and taking into account the following factors:

(a) storage possibilities and storage requirements in the Member State within whose jurisdiction the paying agency falls and in other Member States;

(b) any additional costs resulting from storage in the Member State within whose jurisdiction the paying agency falls and from transportation.

3. Authorisation for storage in a third country shall be granted only if, on the basis of the criteria set out in paragraph 2, storage in another Member State would create significant difficulties.

4. The information referred to in point (a) of paragraph 2 shall be drawn up after consulting all the Member States.

5. Any customs duties and any other amounts to be granted or levied under the common agricultural policy shall not apply to products:

(a) transported following an authorisation granted under paragraphs 1, 2 and 3, or

(b) transferred from one paying agency to another.

6. Any paying agency acting in accordance with paragraphs 1, 2 and 3 shall remain responsible for products stored outside the territory of the Member State within whose jurisdiction it falls.

7. If products held by a paying agency outside the territory of the Member State within whose jurisdiction it falls are not brought back into that Member State, they shall be disposed of at the prices and subject to the conditions laid down or to be laid down for the place of storage.

Article 40 Rules for tendering procedures

Tender procedures shall ensure equality of access of all persons concerned.

In the selection of tenders preference shall be given to those which are most favourable to the Community. In any case, the award of a contract shall not necessarily ensue.

Article 41 Intervention centres

1. The Commission shall designate the intervention centres in the cereals and rice sectors and determine the conditions applying thereto.

In respect of products of the cereals sector, the Commission may designate intervention centres for each cereal.

2. When drawing up the list of intervention centres the Commission shall in particular take account of the following factors:

(a) situation of the centres in surplus areas in respect of the products concerned;

(b) availability of sufficient premises and technical equipment;

(c) favourable situation as regards means of transport.

Article 42 Carcass classification

1. Community scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex V in the following sectors:

(a) beef and veal as regards carcasses of adult bovine animals;

(b) pigmeat as regards carcasses of pigs other than those which have been used for breeding.

In the sheepmeat and goatmeat sector Member States may apply a Community scale for the classification of carcasses as regards sheep carcasses in accordance with the rules laid down in point C of Annex V.

2. On-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep shall be carried out on behalf of the Community by a Community inspection committee composed of experts from the Commission and experts appointed by the Member States. This Committee shall report back to the Commission and the Member States on the inspections carried out.

The Community shall bear the costs resulting from the inspections carried out.

Article 43 Implementing rules

Without prejudice to any specific powers conferred upon the Commission by the provisions of this Chapter, the Commission shall adopt the detailed rules for its implementation, which may relate in particular to:

(a)

the requirements and conditions to be met by, and, in the case of pigmeat, the list of products to be bought-into public intervention as referred to in Article 10 or for which aid for private storage is granted as referred to in Articles 28 and 31, in particular with respect to quality, quality groups, quality grades, categories, quantities, packaging including labelling, maximum ages, preservation, the stage of the products to which the intervention price relates, the duration of private storage;

(b)

amendments to Part B of Annex IV;

(c)

where applicable, the scale of applicable price increases and reductions;

(d)

the procedures and conditions for taking over into public intervention by paying agencies and the granting of aid for private storage, in particular:

(i)

with regard to the conclusion and the content of contracts;

(ii)

the duration of the period of private storage and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended;

(iii)

the conditions according to which it may be decided that products covered by private storage contracts may be remarketed or disposed of;

(iv)

the Member State where a request for private storage may be submitted;

(e)

the adoption of the list of representative markets referred to in Articles 17 and 37;

(f)

the rules as regards the conditions for disposal of products bought-in under public intervention, in particular as regards selling prices, the conditions for release from storage, where appropriate, the subsequent use or destination of products thus released, checks to be carried out and, as the case may be, a system of securities to be applied;

(g)

the setting-up of the annual plan referred to in Article 27(1);

(h)

the condition of mobilisation on the Community market referred to in Article 27(2);

(i)

the rules concerning the authorisations referred to in Article 39 including, as far as strictly necessary, derogations from the rules on trade;

(j)

the rules relating to the procedures to be followed in the case of the making use of tendering procedures;

(k)

the rules concerning the designation of intervention centres referred to in Article 41;

(l)

the conditions to be met by the stores where products may be stored;

(m)

the Community scales for the classification of carcasses provided for in Article 42(1), in particular as regards:

(i)

definitions;

(ii)

carcass presentations for the purpose of price reporting in respect of the classification of carcasses of adult bovine animals;

(iii)

in respect of the measures to be taken by slaughterhouses as provided for in point III of point A of Annex V:

• any derogations referred to in Article 5 of Directive 88/409/EEC for slaughterhouses wishing to restrict their production to the local market,

• any derogations which may be granted to Member States which so request for slaughterhouses in which few bovine animals are slaughtered;

(iv)

authorising the Member States not to apply the grading scale for the classification of pig carcasses and to use assessment criteria in addition to weight and estimated lean-meat content;

(v)

rules concerning the reporting of prices of certain products by the Member States.