Trader Notice – Cheese in APS 2014
Commission Regulation (EC) No 826/2008 as amended by Commission Delegated
Regulation (EU) No 501/2014 lays down common rules for the granting of private storage
aid for certain agricultural products. Commission Regulation (EC) No 950/2014 lays down
the rate of aid for cheese applicable to this scheme.
INTRODUCTION
This explanatory notice describes the arrangements which apply in Ireland for the payment
of aid for cheese produced in the European Community and stored privately under contract
with the Minister for Agriculture, Food and the Marine in the course of the 2014/2015
marketing year. The rules and obligations set out herein arise from the following sources:
Council Regulation 1308/2013 establishing a common organisation of agricultural markets
and on specific provisions for certain agricultural products (Single CMO Regulation)
Commission Regulation No 826/2008 laying down common rules for the granting of private
storage aid for certain agricultural products
 Commission Delegated Regulation (EU) No 501/2014 amending Commission Regulation No
826/2008 and supplementing Council Regulation 1308/2013
Commission Regulation No 950/2014 fixing the amount of aid in advance for private
storage of cheese
Commission Regulation (EEC) No 2220/85, as amended, laying down common detailed
rules for the system of securities for agricultural products.
In accordance with the provisions of Council Regulation 1290/2005, the Department of
Agriculture, Food and the Marine may publish on a website, details of the names,
municipality of residence, and amounts received by beneficiaries of schemes funded or cofunded by the European Agricultural Guarantee Fund (EAGF) or the European Agricultural
Fund for Rural Development (EAFRD). This data may be used by national and EU auditing and
investigating bodies for the purpose of safeguarding the financial interests of the EU.
The rights of data subjects and how they may be exercised, in this respect, are laid down in
the Data Protection Acts, 1988 and 2003. The publication of the details referred to above is a
requirement of EU law and the data therein may not be used for direct marketing or other
purposes and this will be made clear on the website.
Claimants for Aid to Private Storage have full responsibility for familiarising themselves
with the regulations and for complying with the regulatory requirements as amended from
time to time. Any advice, directions or guidance given by this Department either by way
of Notices like this or in any other way does not alter that responsibility. While care has
been taken to ensure that the information given in this Notice is accurate, the Department
does not accept legal responsibility for any errors or omissions. Claimants should read this
Notice in conjunction with the relevant Regulations.
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Summary of Scheme
The scheme is operated by means of contracts between applicants for aid and the Minister
for Agriculture, Food and the Marine.
Part A
STORAGE CONTRACTS
Contract Dates
The Scheme opens on 08 September 2014 to 31 December 2014, subject to the ceiling of
155,000 tonnes not being reached prior to this date, i.e. cheese may enter storage between
those dates and cannot be withdrawn until 60 days have been reached, if cheese is
withdrawn before 60 days which is the minimum storage requirement during that period no
aid will be paid.
The first day of contractual storage is the next day following receipt of the C3 in the office
subject to confirmation by the officer at the temperature controlled storage facility. The
date of application has to be a working day. The C3 can be faxed in to the secure fax 053
9142843 or sent in by post. Faxed copies received on non working days are deemed
received from the next working day eg should the C3 be faxed in on a Saturday, the day of
receipt would be Monday and the first day of contractual storage would be Tuesday.
Where the C3 is faxed in, the original C3 in triplicate should be received in APS Section within
5 working days. The first day of contractual storage shall be written on the C3 by APS staff,
notification of this date will be faxed to contractor where they have submitted an
acknowledgment slip. A supplemental contract, shall be deemed not to be received unless
its receipt has been acknowledged by APS Section.
The C3 supplemental contract should contain the information below as per article 4(6) of
Regulation 950/2014.
Application shall only be admissible if the following conditions are met:
(a) it indicates a reference to this Regulation;
(b) it indicates the identification data of the applicants name, address and the VAT
registration number;
(c) it indicates the product with its relevant 6-digit CN code;
(d) it indicates the quantity of products;
(e) it indicates the period of storage;
(f) it indicates the name and address of the storage place, the storage lot number and where
appropriate the approval number identifying the factory;
(g) it does not include any additional conditions introduced by the applicant other than
those laid down in this Regulation;
(h) it is presented in the official language, or one of the official languages of the Member
State in which the application is lodged.
Cheese must be stored for a minimum of 60 days and may be stored up to a maximum of
210 days. For the 2014 scheme, the earliest first day of storage would be 09 September, last
day of contractual storage is the day before it is physically removed from storage or the
210th day, whichever is the earlier.
Application for a Contract
On receipt of the signed Main Contract C1, contract numbers will be granted in blocks to
applicants. The assignment of these contract numbers are for association with the
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supplemental contracts for identifying purposes only and are in no way intended to be
interpreted as implying approval of an application or entitlement to payment.
As soon as the Department has received a duly completed set of C3 forms for aided private
storage the contract will be countersigned and dated on behalf of the Minister within 30
days. One copy of the C3 will be posted to the contractor, the second copy to the officer at
the cold store and third copy is retained in the section. This is not an undertaking of
entitlement to payment, that can only be established when the cheese is confirmed
eligible - (APS/CH4). If eligibility is not confirmed the contract shall be considered null and
void.
PART B PRODUCTION AND STORAGE REQUIREMENTS
Manufacturing premises
Cheese must be manufactured in premises approved under SI 432 of 2009. The contractor
must email names of manufacturing premises that they intend to use to APS section1.
Temperature controlled storage facility
Premises in which APS Cheese is stored must be registered under SI 432 of 2009. The
contractor must email the names of the temperature controlled storage facility along with
the room numbers that they intend to use to APS Section1.
Location of cheese in store
The front pallet of each lot or part thereof containing APS cheese must bear a label giving
details of the contract number, lot number, number pallets in the lot and the letters "APS".
If the contract number is recorded in the store register, then the above labelling detail is not
required.
The location of each lot of cheese in store must be noted in the stock records. In all cases
cheese must be stored so that each lot is separate and accessible at all times. It is the
responsibility of the Contractor to ensure that these requirements are met. Any extra store
charges incurred as a result of non-compliance with this article shall be borne by the
Contractor.
Access to the store
The contractor is responsible for ensuring that the storekeeper permits access by officers
authorised by the Minister or by the Commission of the European Union to the store at all
reasonable times with or without prior notification and to allow such authorised officers to
inspect and examine the stocks being stored, and records relating thereto shall be kept for
at least three calendar years starting from the end of the calendar year in which they were
drawn up this refers to records of both the contactor and the store.
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Niall.Forde@agriculture.gov.ie Martin.Shanahan@agriculture.gov.ie
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Records (store register/delivery dockets etc)
The storekeeper shall keep detailed records at the store, of all cheese subject to private
storage aid arrangements, which cover:
Where the ‘date of entry into storage’ and ‘Contract No.’ is not marked on the
packaging, then the storekeeper shall maintain a Store Register containing the
following:
(a)
the number identifying the factory and the Member State of production;
(b)
the date of production;
(c)
the date of entry into APS;
(d)
the production batch number;
(e)
the net weight;
(f)
Contract No.
(g)
the expected date at the end of the contractual storage period and
completed by the actual date of removal
Other Records: Retain the weighing in documents ie delivery documents records:
Store Map: The location in store of all cheese which is the subject of private storage aid
arrangements
PART C
CHEESE ELIGIBILITY
1. In order to qualify for the private storage aid referred to in Article 1, hereinafter the 'aid',
the cheese shall be of sound and fair marketable quality, of Union origin and have, on the
day when the storage contract starts, a minimum age corresponding to the period of
maturation that contributes to increasing the value of the cheese.
2. The cheese shall comply with the following requirements:
(a) each lot weighs at least 0,5 tonnes;
(b) it is indelibly marked with an indication, which may be encoded, of the undertaking in
which it was manufactured and with the date of manufacture;
(c) it bears the date of entry into storage;
(d) it has not been the subject of a previous storage contract.
3. Member States may waive the obligation to indicate the date of entry into store referred
to in point (c) of paragraph 2 on the cheese provided that the store manager undertakes to
keep a register in which the particulars referred to in point (b) of paragraph 2 are entered on
the date of entry into store and contract numbers.
4. The cheese must fall relevant under CN codes 0406 20, 0406 30 and 0406 90, and frozen
curd falling under CN code 0406 10.
5. The cheese must be packed in new packaging that is clean, free from odour and of
such quality and strength as to be suitable for the long-term storage and transport of
cheese.
6. All cheese stored under an APS contract must be readily identifiable.
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Packaging
The cheese shall be packed in new packages that are clean, free from odour and of such
quality and strength as to be suitable for the long-term storage and transport of cheese.
Markings
The packaging of the cheese shall show at least the following particulars, which may be
encoded, where appropriate:
 the number identifying the factory and the Member State of production
 the date of production
 the date of entry into storage (not applicable if store register is maintained)
 the production batch number
 the net weight
 contract number (not necessary if the store register is maintained)
Verification of eligibility
On the entry of the cheese into the store the representatives of the Minister shall conduct
checks to verify the eligibility of the product. The checks shall be conducted on a
representative sample of at least 5% of the quantity concerned to ensure that, as regards
the weight, identification, nature of the product, storage lots conform to the particulars in
the application for concluding a contract.
Make unannounced checks to ensure the contractual quantity is present in the storage
place. The authority responsible for checking shall: (a) seal the products by contract, storage
lot or a smaller quantity at the time of the check provided for in paragraph 2; or (b) make an
unannounced check to ensure that the contractual quantity is present in the storage place.
A check at the end of the contractual storage period of at least one half of the number of
contracts, by sampling, verify weight and identification of cheese in storage. There should
be five working days notification by the contracting party to the officer at the store prior to
removal.
If the inspection by the Minister's representatives shows that the packages or containers do
not bear or contain all the necessary markings or information the Contractor shall be
required, within a stated time at his own expense, to ensure that the missing details are
marked on the packages/containers.
PART D PAYMENT OF AID
Aid is composed of two elements - fixed costs, storage costs. The fixed costs are determined
by the quantity stored whereas the storage cost is determined by quantity and duration of
storage.
After 60 days of storage an advance payment can be made following receipt of application
providing a security equal to the advance plus 10% is submitted. The amount of the advance
payment corresponds to a storage period of 90 days. The security will be released as soon
as the balance of aid is paid.
The application for aid must be submitted to the APS Section of the Department within
three months after the end of the contractual storage period. Payment of aid/balance is
made within 120 days following receipt of application providing entitlement to aid has been
verified and there are no outstanding administrative queries.
Verification
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Officers nominated by the Minister for Agriculture, Food and the Marine or by any of the
institutions of the European Union shall be permitted access to the store at all reasonable
times, with or without prior notification, to inspect and examine the stocks being stored for
aid purposes.
Commission Regulation (EC) 826/2008 as amended by Commission Delegated Regulation
(EU) No 501/2014 outlines the specifications and the documentation to be adhered to by the
Contractor and cold store to ensure verification of entitlement to aid by the Department’s
officers.
Removal
Removal from storage can take place providing the minimum 60 days storage has been met.
Five working days notice of removal must be supplied in writing or by fax/email to the
Department’s officers on the removal notification form.
This removal notification form must be completed for each contract even when the
maximum storage period of 210 days has been reached.
Should the removal date change, the contractor must notify the inspector of the cancellation
by fax/email and new removal notification date as above with the cancellation details where
appropriate. On foot of this removal notification the officers complete their report.
The five working days excludes week-ends, bank holidays and any other official days of
closure by the Department. If notice is not given, but within 30 days evidence is provided
showing date and quantities of cheese removed, aid can be paid but with 15% reduction. If
the evidence provided in the 30 days is not satisfactory, no aid will be paid and where
applicable the security relating to the contract is forfeit.
The minimum quantity that can be withdrawn is 1 tonne and if a partial withdrawal leaves a
balance in store of less than 1 tonne then that balance shall also be regarded as withdrawn
from aided private storage on the date of the preceding withdrawal.
At the conclusion of the contractual storage period i.e. where all the cheese has been
withdrawn or at the end of 210 days storage as appropriate, the contractor must complete a
final application form and send it directly to APS section where it will be associated with the
relevant officer’s report.
Level of Aid
The aid per tonne of cheese is comprised of two elements as follows for supplementary
contract applications in the 2014 Scheme:


€15.57 per tonne of storage for fixed storage costs
€0.40 per tonne/day of contractual storage
Termination of the Agreement and Recovery of Aid
If the Contractor fails to comply with any of the provisions specified herein, the Minister
shall be entitled to:

Terminate the supplemental contract, and

Recover from the Contractor, in whole or in part, any sums paid there under as aid
towards private storage.
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Amendment of Conditions
The Council or the Commission of the European Union may make Regulations amending
some or all of the foregoing conditions. In that event the effect of such an amendment(s)
will be applicable from the date indicated in the amending Regulation(s).
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