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Textual Amendments
F1Annex 1 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 12(8); and omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(25); 2020 c. 1, Sch. 5 para. 1(1)
Each storage point shall be inspected at least once every year in accordance with the rules set out in point B, to ascertain in particular:
the procedure for collecting information on public storage;
whether the accounting data held on the spot by the storer tallies with the information sent to the paying agency;
the physical presence in the store of the quantities mentioned in the storer’s accounting records and which served as a basis for the latest monthly statement provided by the storer, assessed visually or, in case of doubt or dispute, by weighing or measuring;
the sound, fair and marketable quality of the products stored.
Physical presence shall be established by a sufficiently representative physical inspection, covering at least the percentages set out in point B and making it possible to conclude that the entire quantities listed in the stock accounts are actually present.
Checks on quality shall comprise visual, olfactory and/or organoleptic checks and, if there are any doubts, in-depth analyses.
If an anomaly is detected during the physical inspection, a further percentage of the quantities in intervention storage shall be inspected using the same method. If necessary, inspection may extend to weighing all the products in the lot or store being inspected.
the name of the storer, the address of the store visited and the description of the lots inspected;
the date and time when the inspection began and ended;
the place where the inspection took place and a description of the conditions of storage, packaging and accessibility;
the full identity of the persons conducting the inspection, their status and the terms of their authorisation;
the inspection measures undertaken and procedures used to establish volume, such as measuring methods, calculations, interim and final results, and the conclusions drawn;
for each lot or quality stored, the quantity in the paying agency’s books, the quantity in the store’s books and any discrepancies between the two sets of books;
for each lot or quality physically inspected, the information referred to in point (f) and the quantity verified on the spot and any discrepancies, the lot or quality number, the pallets, boxes, silos, vats or other receptacles involved and the weight (both net and gross if appropriate) or volume;
the statements made by the storer where there are discrepancies or differences;
the place, date and signature of the person drawing up the report and of the storer or representative;
any extended inspection conducted in the case of anomalies, specifying the percentage of the stored quantities covered by the extended inspection, discrepancies found and explanations given.
Immediately after receipt of the report, the paying agency’s accounts shall be corrected in the light of the discrepancies and differences detected.
Textual Amendments
F2Words in Annex 2 Section A(2) para. 4 omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(26)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
the checks carried out, clearly indicating which are physical inspections (inventory checks),
the quantities checked,
the anomalies detected in relation to the monthly and annual statements, and the reasons for those anomalies.
The quantities checked and the anomalies detected shall be indicated for each product concerned, in terms of weight or volume and as a percentage of the total quantities held.
This summary document shall list separately the checks to verify the quality of the products stored. F3...
Textual Amendments
F3Words in Annex 2 Section A(2) para. 5 omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(26)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
identifying the control numbers of the lots and boxes on the basis of purchase or entry notes,
weighing the pallets (one in 10) and the boxes (one per pallet),
visually checking the contents of a box (one in five pallets),
checking the condition of the packaging.
identifying the control numbers of the lots and bags on the basis of purchase or entry notes,
weighing the pallets (one in 10) and bags (one in 10),
visually checking the contents of a bag (one in five pallets),
checking the condition of the packaging.
Selection shall be based on the paying agency’s stock records, but the storer shall not be informed.
verification of the presence of cereals or rice in the selected bins or storerooms,
identification of the cereals or rice,
inspection of storage conditions and check on the quality of the products stored in the conditions provided for in Regulation (EU) No 1272/2009(1),
comparison of the place of storage and identity of the cereals or rice with the store’s records,
evaluation of the quantities stored by a method previously approved by the paying agency, a description of which shall be lodged at its head office.
The cereals or rice shall be stored in such a way that their volume may be verified.
Some tolerance is permitted when verifying the volume.
The rules laid down in Annex III, point II shall thus apply where the weight of the products stored as recorded during the physical inspection differs from the book weight by 5 % or more for cereals and for rice in the case of storage in silos or on-floor storage.
Where cereals or rice are stored in a warehouse, the quantities weighed on entry into storage may be recorded instead of those resulting from a volume assessment if the latter does not provide an adequate degree of accuracy and provided the difference between the two figures is not excessive.
The paying agency shall make use of this option where justified by circumstances, on a case-by-case basis and on its own responsibility. It shall indicate that it has done so in its inspection report, based on the following model:
CEREALS — STOCK INSPECTION
Product: | Storer: Store, silo:Cell number: | Date: |
---|---|---|
Lot | Quantity stated in stock accounts |
Chamber No | Volume stated in specification m3 (A) | Free volume recorded m3 (B) | Volume of stored cereals m3 (A-B) | Specific gravity recorded kg/hl = 100 | Weight of cereals or rice |
---|---|---|---|---|---|
Total (A): …
Storeroom No | Storeroom No | Storeroom No | ||||
---|---|---|---|---|---|---|
Area covered … Height … | …m2 … … …m | … … m3 … | …m2 … … … m | … … m3 … | …m2 … … … m | … … m3 … |
Corrections … | … m3 | … m3 | … m3 | |||
Volume … | … m3 | … m3 | … m3 | |||
Specific gravity … | … kg/hl | … kg/hl | … kg/hl | |||
Total weight | … tonnes | … tonnes | … tonnes |
Total (B): …
Total weight in the store: …
Difference from book weight: …
In %: …
…, [date]
… (Stamp and signature)
Paying agency inspector:
identifying the lots and pallets and verifying the number of boxes,
checking the weight of 10 % of the pallets or containers,
checking the weight of 10 % of the boxes from each pallet weighed,
visually checking the contents of the boxes and the condition of the packaging in each box.
The pallets shall be chosen having regard to the different cuts in store.
Textual Amendments
F4Words in Annex 2 Section B title substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(26)(b); 2020 c. 1, Sch. 5 para. 1(1)
Storers shall be responsible for ensuring that the products covered by F5... intervention measures are properly conserved. They shall bear the financial consequences of any failure to do so.
Textual Amendments
F5Word in Annex 3 omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(27)(a); 2020 c. 1, Sch. 5 para. 1(1)
Where the quality of intervention products in storage deteriorates as a result of poor or inappropriate storage conditions, the losses shall be borne by the storer and entered in the public storage accounts as a loss resulting from deterioration of the product due to storage conditions.
The tolerance limits provided for in Annex II, points B. III(2) shall apply without prejudice to the other tolerances referred to in the first subparagraph.
place of storage (with identification of the bin or vat where relevant),
quantity carried over from the previous month,
entries and removals by lot,
stock at the end of the period.
These documents shall permit precise identification of the quantities in store at any time, and shall take account of purchases and sales that have been agreed but for which the corresponding entries or removals of stock have not yet occurred.
Products: | Storer:Store: No:Address: | Month: | |||
---|---|---|---|---|---|
Lot | Description | Quantity (kg, tonnes, hl, boxes, items, etc.) | Date | Comments | |
Entry | Exit | ||||
Quantity carried over | |||||
Quantity to be carried over |
(Stamp and signature)
Place and date:
Name:
It shall be made available to storers in electronic form by the paying agencies.
Products: | Storer:Store: No:Address: | Year: | |
---|---|---|---|
Lot | Description | Quantity and/or weight booked | Comments |
(Stamp and signature)
Place and date:
Name:
Public storage contracts concluded between the paying agency and the storer shall contain provisions which make it possible to guarantee compliance with [F6the law applying in the constituent nation].
Textual Amendments
F6Words in Annex 3 Section 4 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(27)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
They shall require the following:
the keeping of computerised intervention stock accounts;
direct, immediate availability of a permanent inventory;
availability at all times of all the documents relating to the entry, storage and removal of stock and the accounting documents and records drawn up under this Regulation and held by the storer;
permanent access to those documents for staff of the paying agency and the [F7relevant authorities], and for any person duly authorised by them.
Textual Amendments
F7Words in Annex 3 Section 4 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(27)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
The form and content of the documents referred to in points 1 and 2 of paragraph III shall be established in accordance with [F8sectoral agricultural legislation].
Textual Amendments
Supporting documents relating to all public storage operations shall be kept by the storer for the full period required under the rules adopted based on [F9sectoral agricultural legislation including the exercise of existing or repatriated powers, and without prejudice to any other provisions].
Textual Amendments
F9Words in Annex 3 Section 6 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(27)(d); 2020 c. 1, Sch. 5 para. 1(1)
cereals 0,2 %
paddy rice, maize 0,4 %
skimmed-milk powder 0,0 %
butter 0,0 %
beef and veal 0,6 %
These tolerances shall apply during the physical stock inspections. They shall be calculated, for each product, on the basis of all the quantities stored by a paying agency.
The actual weight at entry and removal shall be the recorded weight minus the standard packaging weight, as laid down in the conditions of entry or, where no such conditions have been laid down, minus the average packaging weight used by the agency.
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Textual Amendments
F10Annex 5 omitted (31.1.2020 insofar as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 12(9); and omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(28) (as amended by S.I. 2020/1445, regs. 1(2)(b), 6(8)); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F11Annex 6 omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 3(28) (as amended by S.I. 2020/1445, regs. 1(2)(b), 6(8)); 2020 c. 1, Sch. 5 para. 1(1)
Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (OJ L 349, 29.12.2009, p. 1).