31987R2437

CELEX: 31987R2437
Datum: 1987-08-13
Källa: eur-lex.europa.eu

13 . 8 . 87 Official Journal of the European Communities No L 225/ 13

COMMISSION REGULATION (EEC) No 2437/87 of 11 August 1987 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals

THE COMMISSION OF THE EUROPEAN COMMUNITIES, months ; whereas, in order to improve the efficiency of the scheme, provisions should be laid down enabling the applicants to benefit from an advance payment of the aid Having regard to the Treaty establishing the European subject to a security ; Economic Community,

Having regard to Council Regulation (EEC) No 805/68 of Whereas, in view of the exceptional circumstances in the 27 June 1968 on the common organization of the market beef market and in order to encourage operators to make in beef and veal ('), as last amended by Regulation (EEC) use of private storage it should be provided that, for a No 467/87 (2), and in particular Articles 6 (5) (b) and $ (2) limit period, products under a private storage contract thereof, should be able at the same time to be placed under the system laid down in- Article 5 ( 1 ) of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance Whereas, in view of the serious difficulties on the market payment of export refunds in respect of agricultural in beef owing to the extraordinary slaughterings of adult products (9) ; bovine animals, private storage aid should be granted in respect of such animals ;

Whereas, in view of the contractual storage periods it is Whereas the provisions of Commission Regulation (EEC) necessary to derogate from Article 11 (2) of Commission No 1091 /80 (3), as last amended by Regulation (EEC) No Regulation (EEC) No 798/80 of 31 March 1980 laying 2826/82 (4), should be followed in respect of the grant of down general rules on the advance payment of export private storage aid for beef ; refunds and positive monetary compensatory amounts in respect of agricultural products (10), as last amended by Regulation (EEC) No 471 /87 ("),. as to the period during Whereas provisions should be made to ensure that the which the products may stay under the system laid down animals involved be slaughtered exclusively in slaughter in Regulation (EEC) No 565/80 ; houses which are approved and supervised in accordance with the provisions of Council Directive 64/433/EEC (*), as last amended by Directive 83/90/EEC (*) ; Whereas provision should be made for the possibility of reducing the storage period where meat removed from Whereas Article 3 of Council Regulation (EEC) No storage is intended for export ; whereas proof that the 989/68 0, as amended by Regulation (EEC) No 428/77 (8), meat has been exported must be supplied as in the case of provides that, if the market situation so requires, the refunds, in accordance with Commission Regulation period of storage may be curtailed or extended ; whereas it (EEC) No 2730/79 (u), as last amended by Regulation is therefore appropriate that, in addition to the amounts (EEC) No 1 180/87 (I3) ; whereas, except in cases where the of aid granted for a specific storage period, amounts to be stored products are put under a system requiring export added or reduced in the event of that period being in their totality, it is appropriate to provide that, subject to extended or curtailed should also be fixed ; certain conditions, a limited quantity may be withdrawn from store without subsequent export ; whereas provisions should be made for the calculation of aid and the release Whereas, in order to prevent the financing of normal of security where the storer has not respected certain private storage, it appears desirable to fix high minimum obligations ; quantities ;

Whereas foreseaable market conditions make it necessary Whereas, for the purposes of the necessary controls, to provide for storage periods of between four and eight Member States shall take measures to ensure that the products being stored can be identified as originating (') OJ No L 148, 28 . 6. 1968, p. 24. from male bovine animals ; (2) OJ No L 48, 17. 2. 1987, p. 1 . 0 OJ No L 114, 3 . 5. 1980, p. 18 . (4) OJ No L 297, 23 . 10. 1982, p. 18 . 0 OJ No L 62, 7. 3. 1980, p. 5. 0 OJ No 121 , 29 . 7. 1964, p. 2012/64. (10) OJ No L 87, 1 . 4. 1980, p. 42. 0 OJ No L 59, 5. 3. 1983, p. 10. (") OJ No L 48, 17. 2. 1987, p. 10. 0 OJ No L 169, 18 . 7. 1968 , p. 10. H OJ Na L 317, 12. 12. 1979, p. 1 . (8) OJ No L 61 , 5.. 3 . 1977, p. 17. H OJ No L 113, 30 . 4. 1987, p. 27.

No L 225/ 14 Official Journal of the European Communities 13 . 8 . 87

Whereas, in order for the Commission to monitor closely (b) the rear part of the half-carcase cut in the manner the effect of the private storage scheme, Member States known as 'straight' with a minimum of three ribs shall communicate the necessary information ; and a maximum of five ribs and with a minimum average weight of 55 kilograms, Whereas the Management Committee for Beef and Veal — the forequarter shall mean : has not delivered an opinion within the time limit set by its chairman, (a) the front part of the half-carcase cut, in the manner known as 'pistola' with a minimum of five ribs and a maximum of eight ribs and with a minimum average weight of 55 kilograms, the HAS ADOPTED THIS REGULATION : flank being attached to the forequarter ; or (b) the front part of the half-carcase and in a manner known as 'straight' with a minimum of eight ribs and a maximum of 10 ribs and with a minimum Article 1 average weight of 55 kilograms.

1 . Applications may be submitted between 31 August 3. Carcases and half-carcases shall be presented in and 9 October 1987 for aid for the private storage of one accordance with point 2 (a) and (b) of Annex II to Regula of the presentations of adult bovine animals defined in tion (EEC) No 2226/78 ('). ! Article 2 (2),

The amounts of this aid, by tonne of products, bone-in, Article 3 are fixed in the Annex hereto for each of these presenta tions, pursuant to Article 6 ( 1 ) of Regulation (EEC) No 1 . The minimum quantity per contract shall be 15 1091 /80 . tonnes expressed as bone-in meat.

If the quantities in respect of which contracts have been 2. The contract may only cover unboned meat of one applied for or the market situation make it advisable, the of the presentations listed in the Annex. deadline for the submission of applications may be changed. 3 . Placing in storage must be carried out within 28 days of the date of conclusion of the contract. 2. The amount of aid shall be adjusted if the period of storage is extended or reduced. The supplements and 4. The security shall be declared forfeit if the applica deductions per day for each of the presentations referred tion for a contract is withdrawn . to in Article 2 (2) are fixed in the Annex hereto.

Article 4 3. Subject to the provisions of this Regulation, the provisions of Regulation (EEC) No 1091 /80 shall apply. 1 . Subject to the provisions laid down in paragraphs, the contractor may, during the storage entry period, cut or Article 2 bone all or part of the products referred to in Article 2 (2), provided that only the quantity for which the contract has been concluded is employed and that all the meat result 1 . Only meat produced in accordance with the provi ing from such operations is placed in store. Intention to sions of Article 3 (1 A) (a) to (e) of Directive 64/433/EEC make use of this facility shall be notified not later than shall be eligible for private storage aid. the date of placing in storage.

2. For the purposes of this Regulation : 2. If the quantity actually stored unboned, or, if cut or boned, the quantity of unboned meat employed, is less — the carcase shall have a minimum average weight of than the quantity for which the contract was concluded 220 kilograms, and :

— the half-carcase shall have a minimum average weight (a) not less than 90,% of that quantity, the amount of aid of 110 kilograms, referred to in the second subparagraph of Article 1 ( 1 ) shall be reduced proportionally ; — the hindquarter shall mean : (b) less than 90 % but more or equal to 80 % of that (a) the rear part of the half-carcase cut in the manner quantity, private storage aid is paid for half of the known as 'pistola' with a minimum of five cut ribs quantity actually stored ; and a mximum of eight ribs and with minimum (c) less than 80 % of this quantity, private storage aid . average weight of 55 kilograms ; it is cut straight to shall not be paid. the hip bone and then parallel to the fillet so that this is practically free from attached parts of the flank : or (') OJ No L 261 , 26. 9 . 1978 , p. 5,

13 . 8 . 87 Official Journal of the European Communities No L 225/ 15

3 . In the case of boning : 3. For the purposes of paragraph 1 , where a private storage contract is concluded for a quantity which consists (a) if the quantity actually stored does not exceed 67 kilo of several lots which are placed in storage on different grams of boned meat per 100 kilograms of unboned dates, each of the said lots may be the subject of a sep meat employed, private storage aid shall not be arate payment declaration. A payment declaration, as payable ; referred to in Article 2 of Regulation (EEC) No 798/80, shall be submitted for each lot on the day of its entry into (b) if the quantity actually stored exceeds 67 kilograms but is lower than 75 kilograms of boned meat per 100 storage. kilograms of unboned meat employed, the aid referred 'Lot shall be taken to mean a quantity which is placed in to in the second subparagraph of Article 1 (1 ) shall be storage on a given day. reduced proportionally.

4. The large tendons, cartilages, pieces of fat and other Article 7 scraps left over from cutting for boning may not be stored . 1 . After two months of storage under contract, meat may be fully or partly withdrawn from store, subject to a 5. No aid shall be granted : minimum quantity, provided that within 60 days fol lowing its removal from store : (a) for quantities stored unboned or, in acase of cutting or boning, for quantintities of unboned meat employed, — it has left the Community's territory within the in excess of quantities for which the contract was meaning of Article 9 (2) of Regulation (EEC) No concluded ; and 2730/79, or (b) in case of boning, for quantities in excess of 75 kilo grams of boned meat per 100 kilograms of unboned — has reached its destination in the cases referred to in meat employed. Article 5 (1 ) of Regulation (EEC) No 2730/79,

or — has been placed in a victualling warehouse approved Article 5 pursuant to Artcle 26 of Regulation (EEC) No 2730/79 . 1 . The actual storage period shall be chosen by the storer, but may not be less than four months nor exceed 2. If the 60-day period is not complied with, the eight months. If the storage period exceeds four months amount of aid for the quantity concerned, calculated in the aid shall be increased in accordance with Article 1 (2). accordance with Article 8 , shall be reduced :

— by 15 % , 2. After three months of storage under contract, a single advance payment of the aid may be made, at plus ) storer's request, on condition that he lodges a security — a further 5 % per day exceeding the 60-day period. equal to the advance payment plus 20 % . Moreover 15% of the security referred to in Article 10, The advance payment of the aid shall not exceed the and a further 5 % per day exceeding the 60-day period, amount of aid corresponding to a storage period of three shall be declared forfeit in respect of the quantity months. Where quantities under contract are exported in concerned. accordance with Article 7 prior to the advance payment, the actual storage period for those quantities shall be 3. If, prior to the end of the minimum storage period, taken into account when calculating the amount of a minimum of 90 % of the meat actually stored under a advance payment. contract has been exported in the sense of paragraph 1 , the balance may be withdrawn from store prior to the end The advance payment of the aid shall be converted into of the minimum storage period. If withdrawn : national currency by applying the representative rate in — aid shall only be paid for the quantity having been force on the day of conclusion of the storage contract. exported, and Article 6 — the security referred to in Article 10 shall be relased only in respect of the quantity having been exported. 1 . By way of derogation from Article 2 (4) of Regula 4. For the purposes of the preceding paragraphs, proof tion (EEC) No 1091 /80, products being stored under a shall be furnished as in the case of refunds. private storage contract may simultaneously be placed under the system laid down in Article 5 (1 ) of Regulation (EEC) No 565/80 . Article 8

2. In this case, by way of derogation from Article 1 1 (2) 1 . Where application has been made of Article 7, the of Regulation (EEC) No 798/80, the period referred to in amount of aid shall be reduced, in accordance with that Article shall be nine months . Article 1 (2).

No L 225/ 16 Official Journal of the European Communities 13 . 8 . 87

2. The storage period shall terminate on the day — no aid shall be paid under the contract concerned, before : and — the whole of the security referred to in Article 10 shall — the first day of removal from storage, or be declared forfeit in respect of the contract — the day of acceptance of the export declaration, if the concerned. meat has not been moved . Article 10 3 . Article 3 (4) of Council Regulation (EEC, Euratom) No 1182/71 (') shall not apply as regards the calculation The amount of the security referred to in Article 4 (2) of of the storage period. Regulation (EEC) No 1091 /80 shall be : — 100 ECU per tonne in respect of contracts covering Article 9 carcases or half-carcases, — 130 ECU per tonne in respect of contracts covering 1 . The minimum quantity for each removal is fixed at hindquarters, five tonnes of product weight per store and per contractor. — 75 ECU per tonne in respect of contracts covering However, where the quantity left in a store is less than forequarters. this quantity, one further withdrawal operation of the remaining quantity or part thereof shall be permitted. Article 11

Where the withdrawal conditions referred to in the prece Except in cases of force majeure the application for ding subparagraph are not complied with : payment of the aid and the supporting documents must be lodged with the competent authority within six — the amount of aid for the quantity withdrawn shall be months of the end of the contracted storage period. If it calculated in accordance with Article 5 ( 1 ) or Article 8, has not been possible to produce them on time although and the applicant has acted promptly to obtain them, an extra — 15 % of the security referred to in Article 10 shall be period of time for their production may be granted. declared forfeit in respect of the quantity withdrawn. Where Article 7 is applied the necessary proof must be produced within the timelimits specified in Article 31 of 2. The storer shall inform the intervention agency in Regulation (EEC) No 2730/79 . good time before the commencement of withdrawal operations, stating the quantities he intends to withdraw. Article 12

The intervention agency may require that this notification Member States shall take the necessary measures to ensure be made at most two working days before commence identification of the products specified in the Annex, ment of operations. either by means of an indelible mark or by an individual seal on each presentation of the adult male bovine animal Where this this requirement is not complied with but concerned . where sufficient evidence has been furnished, to the satis Article 13 faction of the competent authority, as to the date of with drawal from store and the quantities concerned Member States shall communicate by telex to the — the amount of aid shall be calculated in accordance Commission before Thursday of each week the results of with Article 5 ( 1 ) or Article 8 , the application of Articles 5 (2), 6 ( 1 ) and 7 of this Regula tion . and — 15 % of the security referred to in Article 10 shall be Article 14 declared forfeit in respect of the quantity concerned. This Regulation shall enter into force on the day of its For all other cases where that requirement is not publication in the Official Journal of the European complied with : Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 11 August 1987.

For the Commission Frans ANDRIESSEN Vice-President

') OJ No L 124, 8 . 6. 1971 , p. 1 .

13 . 8 . 87 Official Journal of the European Communities No L 225/ 17

ANNEX

I. Carcases, half-carcases, hindquarters and forequarters from adult male bovine animals identi fied in accordance with Article 12

Amount of aid Amount in ECU/tonne in ECU/tonne Products in respect of to be deducted for a storage period which aid is granted of 4 months or added per day

(a) Fresh or chilled carcases or half-carcases 400 1,0

(b) Fresh or chilled hindquarters cut in the manner known as 'pistola' 520 1,0

(d) Fresh or chilled forequarters cut in the manner known as 'pistola' 280 0,9

(e) Fresh or chilled forequarters cut in the manner known as 'straight' 290 0,9

II. Carcases, half-carcases , hindquarters and forequarters from adult bovine animals not included in I

Amount of aid Amount in EClJ/tonne in ECU/tonne Products in respect of to be deducted for a storage period which aid is granted of 4 months or added per day

(f) Fresh or chilled carcases or half-carcases 345 1,0

(g) Fresh or chilled hindquarters cut in the manner known as 'pistola' 450 1,0

(h) Fresh or chilled hindquarters cut in the manner known as 'straight' 440 1,0

(i) Fresh or chilled forequarters cut in the manner known as 'pistola' 240 0,9

(j) Fresh or chilled forequarters cut in the manner known as 'straight' 250 0,9 i