Commission Regulation (EEC) No 3149/92 of 29 October 1992 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community
Modified by
Commission Regulation (EEC) No 3550/92of 9 December 1992, 31992R3550, December 10, 1992
Commission Regulation (EEC) No 2826/93of 15 October 1993, 31993R2826, October 16, 1993
Commission Regulation (EC) No 267/96of 13 February 1996, 31996R0267, February 14, 1996
Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 31997R1103, June 19, 1997
Commission Regulation (EC) No 2760/1999of 22 December 1999amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 31999R2760, December 23, 1999
Commission Regulation (EC) No 1098/2001of 5 June 2001amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32001R1098, June 6, 2001
Commission Regulation (EC) No 1921/2002of 28 October 2002amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32002R1921, October 29, 2002
Commission Regulation (EC) No 2339/2003of 30 December 2003amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32003R2339, December 31, 2003
Commission Regulation (EC) No 1903/2004of 29 October 2004,amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the CommunityCorrigendum to Commission Regulation (EC) No 1903/2004 of 29 October 2004 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community(Official Journal of the European Union L 328 of 30 October 2004)Commission Regulation (EC) No 537/2005of 7 April 2005correcting the Italian and Dutch versions of Regulation (EC) No 1903/2004 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32004R190332004R1903R(01)32005R0537, October 30, 2004
Commission Regulation (EC) No 537/2005of 7 April 2005correcting the Italian and Dutch versions of Regulation (EC) No 1903/2004 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32005R0537, April 8, 2005
Commission Regulation (EC) No 1608/2005of 30 September 2005amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32005R1608, October 1, 2005
Commission Regulation (EC) No 133/2006of 26 January 2006amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32006R0133, January 27, 2006
Commission Regulation (EC) No 208/2007of 27 February 2007adapting Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, by reason of the accession of Bulgaria and Romania to the European UnionCorrigendum to Commission Regulation (EC) No 208/2007 of 27 February 2007 adapting Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, by reason of the accession of Bulgaria and Romania to the European Union(Official Journal of the European Union L 61 of 28 February 2007), 32007R020832007R0208R(01), February 28, 2007
Commission Regulation (EC) No 209/2007of 27 February 2007amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the CommunityCorrigendum to Commission Regulation (EC) No 209/2007 of 27 February 2007 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community(Official Journal of the European Union L 61 of 28 February 2007), 32007R020932007R0209R(01), February 28, 2007
Commission Regulation (EC) No 724/2007of 27 February 2007amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the CommunitySee page 35 of this Official Journal., 32007R0724, June 27, 2007
Commission Regulation (EC) No 725/2007of 27 February 2007adapting Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, by reason of the accession of Bulgaria and Romania to the European UnionSee page 35 of this Official Journal., 32007R0725, June 27, 2007
Commission Regulation (EC) No 758/2007of 29 June 2007amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32007R0758, June 30, 2007
Commission Regulation (EC) No 1127/2007of 28 September 2007amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32007R1127, September 29, 2007
Commission Regulation (EU) No 807/2010of 14 September 2010laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Union(codification), 32010R0807, September 15, 2010
Corrected by
Corrigendum to Commission Regulation (EC) No 1903/2004 of 29 October 2004 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32004R1903R(01), October 4, 2005
Corrigendum to Commission Regulation (EC) No 208/2007 of 27 February 2007 adapting Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, by reason of the accession of Bulgaria and Romania to the European Union, 32007R0208R(01), June 27, 2007
Corrigendum to Commission Regulation (EC) No 209/2007 of 27 February 2007 amending Regulation (EEC) No 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community, 32007R0209R(01), June 27, 2007
Commission Regulation (EEC) No 3149/92of 29 October 1992laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the CommunityTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the CommunityOJ No L 352, 15.12.1987, p. 1., and in particular Article 6 thereof,Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policyOJ No L 164, 24.6.1985, p. 1., as last amended by Regulation (EEC) No 2205/90OJ No L 201, 31.7.1990, p. 9., and in particular Articles 2 (4) and 12 thereof,Whereas, in view of the experience of a number of years' management of the arrangements introduced by Regulation (EEC) No 3730/87, the implementing rules laid down by Commission Regulation (EEC) No 3744/87OJ No L 352, 15.12.1987, p. 33., as last amended by Regulation (EEC) No 583/91OJ No L 65, 12.3.1991, p. 32., should be amended; whereas, for the sake of clarity and convenience, the latter should be replaced by this Regulation;Whereas the procedure and rules for establishing the annual distribution plan for products from intervention stocks drawn up by the Commission on the basis of information provided by the Member States should be simplified and the timetable should be adapted taking into account the requirements of distribution to the recipients and the need for financial management of public intervention stocks;Whereas the supply of agricultural products and foodstuffs to the most deprived persons in the Community normally involves products processed or packaged from products withdrawn from Community intervention stores; whereas, however, the objective may also be achieved by the supply of agricultural products and foodstuffs beloging (SIC! belonging) to the same category of products placed on the Community market; whereas in such cases supply is reimbursed in the form of a withdrawal and transfer of products from the intervention stores;Whereas, in order to manage the arrangements properly, when apply (SIC! supply) concerns products which have been processed or subject to a specific operation, there should be a call for tenders to determine the most favourable terms for the supply;Whereas the terms for reimbursing charitable organizations for costs incurred by the transport of products and also, if appropriate, administrative costs should be determined, within the limits of available funds; whereas transport costs are to be reimbursed on the basis of standards (SIC! standard) rates; whereas, however, provision should be made for the possibility of determing such transport costs by an invitation to tender; whereas the rules for entering in the accounts the value of products withdrawn from intervention stores for the purposes of EAGGF, Guarantee Section, expenditure should also be laid down, along with the rules to be applied in the even that stocks are transferred from one Member State to another;Whereas the rates to be applied on the one hand for the conversion of the accounting value of the products, and on the other, for the conversion of transport and administrative costs should be determined; whereas in respect of these costs, in order to avoid currency distortions, a rate closer to economic reality than the agricultural conversion rate should be used, while applying the correcting factor referred to in Article 2 (2) of Regulation (EEC) No 1676/85; wereas (SIC! whereas) Article 3a of Commission Regulation (EEC) No 3152/85OJ No L 310, 21.11.1985, p. 1., as last amended by Regulation (EEC) No 3237/90OJ No L 310, 9.11.1990, p. 18., on detailed rules for the application of Regulation (EEC) No 1676/85, provides for such a rate to be published;Whereas the purpose of these arrangements and the nature of the intervention product transfers justifies the non-application of the monetary compensatory amounts and, where necessary, the rules for applying the supplementary trade mechanism provided for by the Act of Accession of Spain and Portugal;Whereas provision should be made for this Regulation to apply at the beginning of the period of execution of the distribution plan, namely 1 October 1992;Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant management committees,HAS ADOPTED THIS REGULATION:
Article 11.Member States wishing to apply the measures introduced by Regulation (EEC) No 3730/87 on behalf of the most deprived persons in the Community shall inform the Commission each year no later than 1 February preceding the period of implementation of the annual plan referred to in Article 2.2.By 31 May at the latest, the Member States concerned shall notify the Commission of:(a)the quantities of each type of product (expressed in tonnes) required to implement the plan on their territory for the year in question;(b)the form in which the products are to be distributed to the recipients;(c)the eligibility criteria to be met by recipients;(d)the rate of charges, if any, which may be imposed on the recipients pursuant to Article 1 of Regulation (EEC) No 3730/87.3.For the purposes of this Regulation, "the most deprived persons" means physical persons, whether individuals, families or groups composed of such persons, whose social and financial dependence is recorded or recognised on the basis of eligibility criteria adopted by the competent authorities, or is judged to be so on the basis of the criteria used by charitable organisations and which are approved by the competent authorities.Article 21.Before 1 October each year the Commission shall adopt an annual plan for the distribution of food for the benefit of the most deprived persons, broken down by Member State concerned. For the purposes of allocating the resources among Member States, the Commission shall take account of the best estimates of the number of most deprived persons in the Member States concerned. It shall also take account of how operations were carried out and the uses to which resources were put in previous financial years, on the basis in particular of the reports provided for in Article 10 of this Regulation.2.Before drawing up the annual plan, the Commission shall consult the major organizations familiar with the problems of the most deprived persons in the Community.3.The plan shall include in particular:1.for each of the Member States applying the measure, the following:(a)the maximum financial resources available to carry out its part of the plan;(b)the quantity of each type of product to be withdrawn from the stocks held by the intervention agencies;(c)the grant made available for each product for purchase on the Community market where the product concerned is found to be temporarily unavailable among the stocks held by the intervention agencies when the annual plan is adopted.This grant shall be determined for each product taking account firstly of the quantity indicated in the Member State notification referred to in Article 1 (2), secondly of the quantities not available in intervention stocks and thirdly of the products applied for and allocated during previous financial years and the actual use made of them.This grant shall be expressed in ecus using the accounting value of the products not available among intervention stocks determined in accordance with Article 5 (1);(d)where appropriate, a grant for purchase on the Community market of one or more products, not available from the Member State where they are required, where the intra-Community transfer necessary to carry out the plan in that Member State would be in respect of a quantity of 60 tonnes or less of each product not available.This grant shall be expressed in ecus using the accounting value of the products concerned determined in accordance with Article 5 (1);2.the appropriations needed to cover the intra-Community transfer costs of the intervention products held by an intervention agency in Member State other than that where the product is required.4.The Commission shall publish the plan as quickly as possible.Article 31.The plan implementation period shall begin on 1 October and finish on 31 December of the following year.2.Withdrawal of the products from intervention stocks shall take place from 1 October to 31 August of the following year on a regular basis and in accordance with the requirements for implementing the plan.70 % of the quantities referred to in Article 2(3)(1)(b) must be withdrawn from stock before 1 July in the year of plan implementation. However, this requirement shall not apply to allocations of 500 tonnes or less. Nor shall this requirement apply to products allocated to Romania under the 2007 annual plan. Any quantities that have not been withdrawn from intervention stocks by 30 September in the year of plan implementation shall no longer be allocated to the Member State to which they were assigned under the plan in question.However, in the case of butter and skimmed-milk powder, 70 % of the products must be withdrawn from intervention storage before 1 March in the year of implementation in the case of the 2005 plan, and before 1 February with effect from the 2006 plan. This requirement shall not, however, apply to allocations of 500 tonnes or less.In the case of butter allocated to Member States under the 2006 annual plan, where the allocations involve amounts in excess of 500 tonnes, 70 % of the butter must be withdrawn from intervention stocks before 1 March 2006.If the time limits provided for in the first, second and third subparagraphs are exceeded, the costs of storing the intervention products shall no longer be covered by the Community. This provision shall not apply to products which have not been withdrawn from intervention stocks on 30 September of the year of implementation of the plan.The products to be withdrawn must be removed from intervention stocks within sixty days of the date on which the successful tenderer to whom the supply is assigned signs the contract or, in the case of transfers, within sixty days from the notification by the Member State of destination to the competent authority of the supplier Member State.2a.Payment operations for products to be supplied by the operator must, in the case of products to be mobilised on the market under Article 2(3)(c) and (d), be closed before 1 September of the year of implementation of the plan.3.During the implementation period the Member States shall notify to the Commission any changes that they make to the implementation of the plan on their territory within the strict limits of the financing available to them. The notification shall be accompanied by all appropriate information. Where substantiated changes concern 5 % or more of the quantities or values entered per product in the Community plan, the plan shall be revised.4.The Member States shall inform the Commission immediately of foreseeable reductions in expenditure on applying the plan. The Commission may allocate the available resources to other Member States on the basis of their applications and their actual use of products made available and allocations made during previous financial years.Article 41.Implementation of the plan shall comprise:(a)the supply of products withdrawn from intervention stocks;(b)the supply of products mobilised on the Community market under Article 2(3)(c) and (d);(c)the supply of processed agricultural products or foodstuffs available or obtainable on the market by supplying for payment products from intervention stocks.1a.Those products referred to in paragraph 1(b) which are mobilised on the market must belong to the same product group as the product temporarily unavailable in the intervention stocks.However, where no rice is available in the intervention stocks, the Commission may authorise the removal of cereals from intervention stocks as payment for the supply of rice or rice products mobilised on the market.Similarly, where no cereals are available in the intervention stocks, the Commission may authorise the removal of rice from intervention stocks as payment for the supply of cereals or cereal products mobilised on the market.A given product may be mobilised on the market only if all the quantities of product in the same group to be withdrawn from intervention stocks for supply purposes in application of Article 2(3)(1)(b), including quantities to be transferred in application of Article 7, have already been allocated. The competent national authority shall inform the Commission of the opening of mobilisation procedures on the market.2.Where the supply concerns:(a)products withdrawn from intervention stocks, the competent national authority shall issue or arrange to have issued an invitation to tender to determine the most advantageous conditions of supply. The invitation to tender shall specify precisely the nature and characteristics of the product to be supplied. The product to be supplied shall be either the product withdrawn from intervention stocks in unprocessed form or after packaging and/or processing, or a product mobilised on the market by withdrawing a product from intervention stocks in payment for the supply.The invitation to tender shall concern:the charges for processing and/or packaging of the products coming from intervention stocks,or the quantity of processed or, where appropriate, packaged agricultural products or of foodstuffs which may be obtained by the use of products from intervention stocks supplied in payment for such products,or the quantity of processed agricultural products or foodstuffs available or obtainable on the market by supplying for payment products from intervention stocks; these foodstuffs must contain an ingredient belonging to the same group of products as the intervention product supplied as payment.In the case referred to in the third indent of the second subparagraph, where supply involves cereals or cereal products, the invitation to tender shall specify that the product to be withdrawn is a specific cereal held by an intervention agency. Where the supply involves milk products, the invitation to tender shall specify which product, butter or milk powder, must be withdrawn from the stocks held by an intervention agency depending on the stocks held by that agency.In the case referred to in the third indent of the second subparagraph, where supply involves rice or rice products in exchange for cereals withdrawn from intervention stocks, the invitation to tender shall specify that the product to be withdrawn is a specific cereal held by an intervention agency.Similarly, where supply involves cereals or cereal products in exchange for rice withdrawn from intervention stocks, the invitation to tender shall specify that the product to be withdrawn is a specific rice held by an intervention agency.Where the supply involves the processing and/or packaging of the product, the invitation to tender shall refer to the obligation of the successful bidder to lodge a security, before taking over the products, for the intervention agency in accordance with Title III of Commission Regulation (EEC) No 2220/85OJ L 205, 3.8.1985, p. 5., for an amount equal to the intervention price applicable on the day fixed for taking over the product plus 10 % of that price. For the purposes of Title V of that Regulation, the primary requirement shall be to supply the product at the stipulated destination. In the event of delivery after the end of the implementation period of the plan specified in Article 3(1), the security forfeited shall be 15 % of the secured amount. The remainder of the security shall also be forfeited at an additional 2 % per day of delay. This subparagraph shall not apply where the product withdrawn from the intervention stocks is made available to the supply contractor as payment for supply already carried out;(b)agricultural products or foodstuffs to be mobilized on the Community market, the competent national authority shall issue an invitation to tender to determine the most advantageous conditions of supply. The invitation to tender shall specify precisely the nature and characteristics of the product or foodstuff to be mobilized, specifications concerning packaging and marking and other obligations associated with the supply. The supply contract is awarded to the selected tenderer subject to the latter depositing a security equivalent to 110 % of the amount of his tender and established in the name of the intervention agency, in accordance with Title III of Regulation (EEC) No 2220/85.The invitation to tender shall concern all the supply charges and shall call for the submission of tenders concerning, according to case:the maximum quantity of the agricultural product or foodstuff to be mobilized on the market for a monetary amount fixed in the notice,or the monetary amount needed to mobilize on the market a quantity fixed in the notice.2a.Products from intervention or mobilised on the market under Article 2(3)(c) and (d) or point c of the first subparagraph of paragraph 1 of this Article may be incorporated into or added to other products mobilised on the market for the manufacture of food to be supplied for the purposes of implementing the plan.3.The transport costs shall by determined by an invitation to tender. Member States may specify that supply must also include the transport of products to the depots of the charitable organization. In such cases transport shall be the subject of a specific provision in the invitation to tender and shall constitute a particular item in the tender submitted.Tenders concerning transport shall be submitted in monetary values.The payment of transport costs may in no case be made in products.4.Invitations to tender shall guarantee equal access to all operators established in the Community. To this end they shall be the subject of notices published in official administrative publications as well as being made available in complete form on request from interested operators.The competent national authorities shall notify the Commission in due time and before the commencement of the implementation period the models of the invitations to tender used to allocate the different types of supply from intervention stocks and mobilization on the market.5.The invitations to tender shall include the necessary provisions on the supply operation, especially as regards the products' quality, packaging and marking. They shall also include a provision to the effect that if the quality, packaging or marking of the products noted at the time fixed for their supply does not correspond exactly to what was stipulated, but does not prevent the goods from being accepted for their intended use, the competent authorities can apply reductions when calculating the amoung payable.Article 51.For EAGGF Guarantee Section accounting purposes, and notwithstanding the provisions of Article 8 of Regulation (EEC) No 1883/78OJ L 216, 5.8.1978, p. 1., the accounting value of the products made available from intervention under this Regulation shall be the intervention price applicable on 1 October of each year.In the case of beef, the accounting value of the products made available shall be the intervention price applicable on 30 June 2002. That price shall be subject to the coefficients set out in the Annex.For the Member States which have not adopted the euro, the accounting value of intervention products shall be converted into national currency at the exchange rate applicable on 1 October.2.Where intervention products are transferred from one Member State to another, the supplier Member State shall record the product delivered as a zero entry in the accounts and the Member State of destination shall record it as a receipt in the month of dispatch, using the price calculated in accordance with paragraph 1.Article 5aWith a view to distributing foodstuffs to the most deprived persons and to performing checks, the charitable organisations directly looking after the beneficiaries shall be deemed to be the final recipients of this distribution is they are the ones actually distributing the foodstuffs. Foodstuffs which, without any other intervention, are locally delivered direct to the beneficiaries as food packages or appropriate meals, depending on the circumstances, either daily or weekly, shall be deemed to have been distributed.Article 61.On duly substantiated application to the competent authority in each Member State, the charitable organisations designated to distribute the products shall be reimbursed for transport costs on the territory of the Member State between the storage depots of the charitable organisations and the points of distribution to the beneficiaries.2.Where Article 4 (3) is applied, the Member State shall obtain reimbursement of the carriage costs on the basis of the rates fixed in Annex II.3.Administrative costs generated by the supplies provided for in this Regulation shall, on duly substantiated application to the competent authority in each Member State, be reimbused to the charitable organizations subject to a limit of 1 % of the value of the products made available to them, calculated in accordance with Article 5 (1).4.The costs referred to in paragraphs 1, 2 and 3 shall be reimbursed to the Member States within the limits of the financial resources available to implement the plan in each Member State.The costs referred to in paragraphs 1, 2 and 3 may not be the subject of a payment in the form of products.Article 71.When products included in the plan are not available from intervention in the Member State where such products are required, the Commission shall authorise, in accordance with the procedure laid down in Article 6 of Regulation (EEC) No 3730/87, the transfer of the product in question from a Member State in which it is present in intervention stocks to the Member State where it will be used to implement the plan.The Member State receiving the products shall publish or have published an invitation to tender to establish the most favourable conditions of supply. The costs of intra-Community transport shall be the subject of a tender submitted in money value and may not be paid for in products. Article 4(4) shall apply in the context of this invitation to tender.2.The intra-Community transport costs shall be borne by the Community and repaid to the Member State. The application for reimbursement shall include all necessary supporting documents, particularly those concerning the transport. The expenditure shall be set off against the appropriations referred to in Article 2(3)(2). Where the appropriations have been fully allocated, any additional Community financing to cover intra-Community transport costs shall be provided in accordance with Article 6 (4).3.The call for tenders shall mention the option whereby an operator may submit a bid for placement on the Community market of the agricultural products or foodstuffs to be supplied and for takeover of the products from the supplying intervention agency, without transfer to the applicant Member State. In these circumstances, no intra-Community transport costs shall be paid to the person awarded the supply contract.The applicant Member State shall provide the supplier Member State with the name of the person contracted to supply the products.4.Before the goods are removed, the contractor undertaking the supply operation shall lodge a security equal to the intervention buying-in price applicable on the day fixed for taking over the products, plus 10 %.The security shall be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85OJ No L 205, 3.8.1985, p. 5..For the purposes of Title V of that Regulation, the primary requirement shall be completion of the supply operation in the Member State of destination.Presentation of a takeover document issued by the intervention agency of destination shall constitute proof of supply of the products.5.In the case of transfer, the Member State of destination shall provide the supplier Member State with the name of the person contracted to carry out the operation.The intervention agency of the Member State supplying the products shall make them available to the person contracted to carry out the supply or his/her duly authorised agent, on presentation of a removal order issued by the intervention agency of the Member State of destination.The competent authority shall ensure that the goods have been insured appropriately.Dispatch declarations issued by the intervention agency of the supplier Member State shall include one of the entries given in Annex I.The intervention agency of the supplier Member State shall, as soon as possible, notify the competent authority of the Member State of destination of the date on which the withdrawal operation is to end.Intra-Community transport costs shall be paid by the Member State of destination of the products concerned for the quantities actually taken over.6.The calculation of any losses shall be entered in the accounts in accordance with the provisions of Article 2 (2) of Commission Regulation (EEC) No 3597/90OJ No L 350, 14.12.1990, p. 43..Article 8The amounts laid down in Articles 6 (1) and 7 (2) shall be converted into national currency using the agricultural conversion rate applicable on 1 October of the year in which the plan is carried out.Article 8aRequests for payment shall be submitted to the competent authorities of each Member State within a period of four months following the completion of the operation in question. A 20 % reduction shall be made in the case of requests submitted beyond the time limit, except in the case of force majeure. Requests made more than ten months after the completion of the operation shall not be accepted.The competent authorities shall make the payment within a period of two months following receipt of the payment request.However, in the event of serious flaws in the supporting documents, the time limit provided for in the second paragraph may be suspended by notification in writing to the operator or the organisation designated to distribute products. The time limit shall continue to run from the date of receipt of the documents requested, which must be forwarded within 30 calendar days. If these documents are not sent within this period, the reduction specified in the first paragraph shall apply.Except in cases of force majeure and taking account of the option of suspension provided for in the third paragraph, failure to comply with the time limit of two months stipulated in the second paragraph shall result in a reduction in the amount to be reimbursed to the Member State in accordance with the rules laid down in Article 9 of Commission Regulation (EC) No 883/2006OJ L 171, 23.6.2006, p. 1..Article 91.The Member States shall take all necessary measures to ensure that:(a)the intervention products and, where appropriate, grants for mobilising foodstuffs on the market, are put to the use and serve the purposes laid down in Article 1 of Regulation (EEC) No 3730/87;(b)the words "EC aid", accompanied by the European Union flag following the instructions given in Annex II, shall be clearly visible on the packaging of goods which are not delivered in bulk to the beneficiaries;(c)the designated charitable organisations for implementing the measures maintain appropriate accounts and supporting documents and allow the competent authorities access to them to carry out whatever checks they deem necessary;(d)the invitations to tender are in accordance with Articles 3 and 4 and the supplies are implemented in accordance with this Regulation; in particular, the Member States shall establish the applicable penalties if the products have not been withdrawn in the period laid down in Article 3(2).2.Checks by the competent authorities shall be carried out when the products are taken over on their release from intervention storage or, where appropriate, as from the mobilisation of the products on the market under Article 2(3)(c) and (d) or Article 4(1)(c) at all stages of implementation of the plan and at all levels of the distribution chain. The checks shall be performed throughout the plan implementation period, at all stages including the local level.The checks shall cover at least 5 % of the quantity of each type of product referred to in Article 2(3)(1)(b). This checking rate shall apply to each implementation stage, except for the stage of actual distribution to the most deprived, with account being taken of the risk criteria.The purpose of the check is to verify the entry and exit of the products and their transfer to successive actors. Checks shall include a comparison of the stocks as shown in the accounts and the actual stocks of products chosen for inspection.3.The Member States shall take all the measures needed to ensure that the plan is properly implemented and to anticipate and penalise irregularities. To this end they may, in particular, suspend the participation of operators in the competitive tendering procedure or organisations designated for distribution in the annual plans, depending on the nature and seriousness of the shortcomings or irregularities found.Article 10No later than 30 June each year, the Member States shall send the Commission a report on the implementation of the plan on their territory during the previous year. The progress report shall include:the amounts of the various products withdrawn from intervention stocks,the type, quantity and value of goods distributed to the recipients, specifying separately unprocessed goods, processed goods and goods obtained by substitution together with the processing coefficients,the transport and transfer costs,administrative costs,the number of recipients over the course of the year.The report shall specify the verification measures that have been applied to ensure that the goods have achieved their intended objective and have reached the final recipients. This report shall mention in particular the type and the number of checks carried out, the results obtained and any cases were the penalties referred to in Article 9(3) are imposed. The report shall be taken into account as a decisive factor when drawing up subsequent annual plans.Article 10aThis Regulation shall apply without prejudice to Commission Regulation (EEC) No 3002/92.Article 11Regulation (EEC) No 3744/87 is hereby repealed.Article 12This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.It shall apply with effect from 1 October 1992.This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IEntries referred to in the fourth subparagraph of Article 7(5)In BulgarianПревоз на интервенционни продукти — прилагане на член 7, параграф 5 от Регламент (ЕИО) № 3149/92.In SpanishTransferencia de productos de intervención — aplicación del artículo 7, apartado 5, del Reglamento (CEE) no 3149/92.In CzechPřeprava intervenčních produktů – Použití čl. 7 odst. 5 nařízení (EHS) č. 3149/92.In DanishOverførsel af interventionsprodukter — Anvendelse af artikel 7, stk. 5, i forordning (EØF) nr. 3149/92.In GermanTransfer von Interventionserzeugnissen — Anwendung von Artikel 7 Absatz 5 der Verordnung (EWG) Nr. 3149/92.In EstonianSekkumistoodete üleandmine – määruse (EMÜ) nr 3149/92 artikli 7 lõike 5 rakendamine.In GreekΜεταφορά προϊόντων παρέμβασης — Εφαρμογή του άρθρου 7 παράγραφος 5 του κανονισμού (ΕΟΚ) αριθ. 3149/92.In EnglishTransfer of intervention products — Application of Article 7(5) of Regulation (EEC) No 3149/92.In FrenchTransfert de produits d'intervention — Application de l'article 7, paragraphe 5, du règlement (CEE) no 3149/92.In ItalianTrasferimento di prodotti d'intervento — Applicazione dell'articolo 7, paragrafo 5, del regolamento (CEE) n. 3149/92.In LatvianIntervences produktu transportēšana – Piemērojot Regulas (EEK) Nr. 3149/92 7. panta 5. punktu.In LithuanianIntervencinių produktų vežimas – taikant Reglamento (EEB) Nr. 3149/92 7 straipsnio 5 dalį.In HungarianIntervenciós termékek átszállítása – A 3149/92/EGK rendelet 7. cikke (5) bekezdésének alkalmazása.In MalteseTrasferiment ta’ prodotti ta’ l-intervent – Applikazzjoni ta’ l-Artikolu 7 (5) tar-Regolament (KEE) Nru 3149/92.In DutchOverdracht van interventieproducten — Toepassing van artikel 7, lid 5, van Verordening (EEG) nr. 3149/92.In PolishPrzekazanie produktów objętych interwencją – stosuje się art. 7 ust. 5 rozporządzenia (EWG) nr 3149/92.In PortugueseTransferência de produtos de intervenção — aplicação do n.o 5 do artigo 7.o do Regulamento (CEE) n.o 3149/92.In RomanianTransfer de produse de intervenție — Aplicare a articolului 7 alineatul (5) din Regulamentul (CEE) nr. 3149/92.In SlovakPremiestnenie intervenčných výrobkov – uplatnenie článku 7 odseku 5 nariadenia (EHS) č. 3149/92.In SlovenePrenos intervencijskih proizvodov – Uporaba člena 7(5) Uredbe (EGS) št. 3149/92.In FinnishInterventiotuotteiden siirtäminen – Asetuksen (ETY) N:o 3149/92 7 artiklan 5 kohdan soveltaminen.In SwedishÖverföring av interventionsprodukter – Tillämpning av artikel 7.5 i förordning (EEG) nr 3149/92.ANNEX IIINSTRUCTIONS FOR CREATING THE EMBLEM AND A DEFINITION OF THE STANDARD COLOURS1.Heraldic descriptionOn an azure field a circle of 12 golden mullets, their points not touching.2.Geometric descriptionThe emblem is in the form of a blue rectangular flag of which the fly is one and a half times the length of the hoist. Twelve golden stars situated at equal intervals form an invisible circle whose centre is the point of intersection of the diagonals of the rectangle. The radius of the circle is equal to one-third of the height of the hoist. Each of the stars has five points which are situated on the circumference of an invisible circle whose radius is equal to one-eighteenth of the height of the hoist. All the stars are upright — that is to say, with the one point vertical and two points in a straight line at right angles to the mast. The circle is arranged so that the stars appear in the position of the hours on the face of a clock. Their number is invariable.3.Regulation coloursThe emblem is in the following colours: PANTONE REFLEX BLUE for the surface of the rectangle; PANTONE YELLOW for the stars. The international PANTONE range is very widely available and easily accessible even for non-professionals.Four-colour reproduction process: If the four-colour process is used, it is not possible to use the two standard colours. It is therefore necessary to recreate them by using the four colours of the four-colour process. PANTONE YELLOW is obtained by using 100 % "Process Yellow". By mixing 100 % "Process Cyan" and 80 % "Process Magenta" one can get a colour very similar to PANTONE REFLEX BLUE.Monochrome reproduction process: If only black is available, outline the rectangle in black and print the stars in black and white. In the event that blue is the only colour available (it must be Reflex Blue, of course), use it 100 % with the stars reproduced in negative white and the field 100 % blue.Reproduction on coloured background: It is preferable for the emblem to be reproduced on a white background. Avoid a background of varied colours, and in any case one which does not go with blue. If there should be no alternative to a coloured background, put a white border around the rectangle, with the width of this being equal to one twenty-fifth of the height of the rectangle.