No L 121/2 N Official Journal of the European Communities 29. 4. 89 COMMISSION REGULATION (EEC) No 1163/89 of 28 April 1989 laying down detailed rules for the granting of private storage aid for long-keeping cheeses THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Regulation (EEC) No 804/68 of the. Council of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 763/89.(%), and in particular Articles 9 (3) and 28 thereof, Whereas Regulation (EEC) No 508/71 of the Council () provides that private storage aid may be granted for certain long-keeping cheeses where there is a serious imbalance of the market which may be eliminated or reduced by seasonal storage ; Whereas the seasonal nature of Emmentaler and Gruyeére cheese production is aggravated by the fact that the seasonal consumption of these cheeses is the opposite of their production ; whereas, therefore, provision should be made for recourse to such storage in respect of a quantity corresponding to the difference between summer and winter production ; Whereas the detailed rules for the application of this measure should essentially be the same as those laid down for a similar measure during previous years; 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 Aid shall be granted in respect of the private storage of 20 150 tonnes of Emmentaler and Gruyére cheeses manu- factured in the Community which satisfy the require- ments of Articles 2 and 3 hereof. Article 2 1. The intervention agency may conclude storage contracts only if the following conditions are satisfied : (a) the batch of cheeses to which a contract .relates must comprise at least five tonnes; () OJ No L 148, 28. 6. 1968, p. 13. () O] No L 84, 29. 3. 1989, p. 1. () OJ No L S8, 11. 3. 1971, p. 1. (b) the cheeses shall be indelibly marked with an indica- tion (which may take the form of a number) of the undertaking in-which they were manufactured and of the day and month of manufacture ; (c) the cheeses must have been manufactured at least 10 days before -the date specified in the contract as being the date of commencement of storage; (d) the cheeses must have undergone quality tests which established that - their - classification -after maturing could be expected to be : — ‘class A’ in France, — ‘Markenkise’ or ‘Klasse fein in Germany, — “First quality’ in Denmark, — ‘Special Grade’ in Ireland ; (e) the storer shall undertake : — to keep the cheese during the entire period of storage in premises where the maximum tempera- ture is as indicated under paragraph 2, — not, during the term of the contract, to alter the composition of the batch which is the subject of the contract without authorization from the inter- vention agency. If the condition-concerning the minimum quantity fixed for each batch 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 quan- tities : (i) if the aforesaid quantities are replaced with the authorization of the intervention agency, the contract is deemed not to have undergone any alteration, (ii) ‘if the aforesaid quantities are not replaced, the contract is deemed to have been concluded ab initio for the quantity permanently retained. Any supervisory costs arising from an alteration shall be met by the storer, — to keep stock records and to inform the interven- tion agency each week of the cheeses put into and - withdrawn from storage during the previous week. 2. The maximum temperature in the storage premises shall be +6 °C for Emmentaler and +10 °C for Gruyere. In the case of Emmentaler which has already been matured, Member States may permit a maximum tem- perature of +10°C.