31988R2675

CELEX: 31988R2675
Datum: 1988-08-29
Källa: eur-lex.europa.eu

No L 239/20 Official Journal of the European Communities 30 . 8 . 88

COMMISSION REGULATION (EEC) No 2675/88 of 29 August 1988 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, the scheme, provisions should be laid down enabling the applicants to benefit from an advance payment of the aid subject to a security ; Having regard to the Treaty establishing the European Economic Community,

Whereas, in view of the exceptional circumstances in the Having regard to Council Regulation (EEC) No 805/68 of beef market and in order to encourage operators to make 27 June 1968 on the common organization of the market use of private storage it should be provided that, for a in beef and veal ('), as last amended by Regulation (EEC) limit period, products under a private storage contract No 2248/88 (2), and in particular Articles 6 (5) (b) and 8 (2) should be able at the same time to be placed under the thereof, system laid down in Article 5 ( 1 ) of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural Whereas, in view of the difficulties on the market in beef products (9) ; owing to increased slaughterings of adult male bovine animals, private storage aid should be granted in respect of such animals ; Whereas, in view of the contractual storage periods it is necessary to derogate from Article 1 1 (2) of Commission Regulation (EEC) No 798/80 of 31 March 1980 laying Whereas the provisions of Commission Regulation (EEC) down general rules on the advance payment of export No 1091 /80 (3), as last amended by Regulation (EEC) No refunds and positive monetary compensatory amounts in 2826/82 (4), should be followed in respect of the grant of private storage aid for beef ; respect of agricultural products (10), as last amended by Regulation (EEC) No 471 /87 (u), as to the period during which the products may stay under the system laid down Whereas provisions should be made to ensure that the in Regulation (EEC)' No 565/80 ; animals involved be slaughtered exclusively, in slaughter houses which are approved and supervised in accordance with the provisions of Council Directive 64/433/EEC (*), Whereas provision should be made for the possibility of as last amended by Directive 88/288/EEC (6) ; reducing the storage period where meat removed from storage is intended for export ; whereas proof that the meat has been exported must be supplied as in the case of Whereas Article 3 of Council Regulation (EEC) No refunds, in accordance with Commission Regulation 989/68 f7), as amended by Regulation (EEC) No 428/77 (8), (EEC) No 3665/87 (12) ; whereas, except in cases where the provides that, if the market situation so requires, the stored products are put under a system requiring export period of storage may be curtailed or extended ; whereas it in their totality, it is appropriate to provide that, subject to is therefore appropriate that, in addition to the amounts certain conditions, a limited quantity may be withdrawn of aid granted for a specific storage period, amounts to be from store without subsequent export ; whereas provisions added or reduced in the event of that period being should be made for the calculation of aid and the release extended or curtailed should also be fixed ; of security where the storer has not respected certain obligations ; Whereas, in order to prevent the financing of normal private storage, it appears desirable to fix high minimum quantities ; Whereas, for the purposes of the necessary controls, Member States shall take measures to ensure that the products being stored can be identified as originating Whereas foreseable market conditions make it necessary from male bovine animals : to provide for storage periods of between four and eight months ; whereas, in order to improve the efficiency of Whereas, in order for the Commission to monitor closely (') OJ No L 148 , 28 . 6. 1968, p. 24. the effect of the private storage scheme, Member States 0 OJ No L 198 , 26. 7. 1988 , p. 24. shall communicate the necessary information ; 3 OJ No L 114, 3 . 5. 1980, p. 18 . (4) OJ No L 297, 23. 10. 1982, p. 18 . 0 OJ No 121 , 29 . 7. 1964, p. 2012/64. O OJ No L 62, 7. 3 . 1980, p. 5. (6) OJ No L 124, 18 . 5. 1988 , p. 28 . (10) OJ No L 87, 1 . 4. 1980, p. 42. 0 OJ No L 169, 18 . 7. 1968 , p. 10. (") OJ No L 48 , 17. 2. 1987, p. 10. (8) OJ No L 61 , 5. 3. 1977, p. 17. (12) OJ No L 351 , 14. 12. 1987, p. 1 .

30 . 8 . 88 No L 239/21 Official Journal of the European Communities

Whereas pursuant to Regulation (EEC) No 2248/88, the — the hindquarter shall mean : Council decided that intervention measures would be (a) the rear part of the half-carcase cut in the manner applied on the basis of the Community scale for the clas known as 'pistola' with a minimum of five cut ribs sification of carcases of adult bovine animals established and a maximum of eight ribs and with minimum by Council Regulation (EEC) No 1208/81 (') ; average weight of 55 kilograms ; it is cut straight to the hip bone and then parallel to the fillet so that Whereas the Management Committee for Beef and Veal this is practically free from attached parts of the has not delivered an opinion within the time limit set by flank ; or its chairman, (b) the rear part of the half-carcase cut in the manner known as 'straight' with a minimum of three ribs and a maximum of five ribs and with a minimum average weight of 55 kilograms, HAS ADOPTED THIS REGULATION : — the forequarter shall mean :

Article 1 (a) the front part of the half-carcase cut, in the manner known as 'pistola' with a minimum of five 1 . Applications may be submitted between 15 ribs and a maximum of eight ribs and with a September and 21 October 1988 for aid for the private minimum average weight of 55 kilograms, the storage of one of the presentations of adult male bovine flank being attached to the forequarter ; or animals defined in Article 2 (2). (b) the front part of the half-carcase and in a manner ^ known as 'straight' with a minimum of eight ribs The amounts of this aid, by tonne of products, bone-in, and a maximum of 10 ribs and with a minimum are fixed in the Annex hereto for each of these presenta average weight of 55 kilograms. tions, pursuant to Article 6 (1 ) of Regulation (EEC) No 1091 /80 . 4. Carcases and half-carcases shall be presented in accordance with point 2 (a) and (b) of Annex II to Regula If the quantities in respect of which contracts have been tion (EEC) No 2226/78 . applied for or the market situation make it advisable, the deadline for the submission of applications may be changed. N\^ Article 3 2. The amount of aid shall be adjusted if the period of storage is extended or reduced. The supplements and 1 . The minimum quantity per contract shall be 15 deductions per day for each of the presentations referred tonnes expressed as bone-in meat. to in Article 2 are fixed in the Annex hereto.

2. The contract may only cover unboned meat of one 3. Subject to the provisions of this Regulation, the of the presentations listed in the Annex. provisions of Regulation (EEC) No 1091 /80 shall apply.

3. Placing in storage must be carried out within 28 days of the date of conclusion of the contract. Article 2

1 . Only meat produced in accordance with the provi 4. The security shall be declared forfeit if the applica tion for a contract is withdrawn . sions of Article 3 (1 A) (a) to (e) of Directive 64/433/EEC shall be eligible for private storage aid.

2. Private storage can only be granted for meat classi Article 4 fied in accordance with the Community scale for the carcase classification as laid down in Regulation (EEC) No 1 . Subject to the provisions laid down in paragraph 2, 1208/81 and identified in accordance with Article 6 (2) (d) the contractor may, during the storage entry period, cut or and (e) of Commission Regulation (EEC) No 2226/78 (2). bone all or part of the products referred to in Article 2, provided that only the quantity for which the contract has 3. For the purposes of this Regulation : been concluded is employed and that all the meat result ing from such operations is placed in store. Intention to — the carcase shall have a minimum average weight of make use of this facility shall be notified not later than 220 kilograms, the date of placing in storage. — the half-carcase shall have a minimum average weight of 110 kilograms, 2. If the quantity actually stored unboned, or, if cut or boned, the quantity of unboned meat employed, is less (') OJ No L 123, 7. 5. 1981 , p. 3 . than the quantity for which the contract was concluded 0 OJ No L 261 , 26. 9 . 1978, p. 5. and :

No L 239/22 30 . 8 . 88 Official Journal of the European Communities

(a) not less than 90 % of that quantity, the amount of aid laid down in Article 5 (1) of Regulation (EEC) No 565/80. referred to in the second subparagraph of Article 1 (1 ) Member States may require that the two operations shall be reduced proportionally ; referred to in the first subparagraph shall commence simultaneously. (b) less than 90 % but more or equal to 80 % of that quantity, private storage aid is paid for half of the 2. In this case, by way of derogation from Article 11 (2) quantity actually stored ; of Regulation (EEC) No 798/80, the period referred to in (c) less than 80 % of this quantity, private storage aid that Article shall be nine months. shall not be paid. 3. For the purposes of paragraph 1 , where a private 3 . In the case of boning : 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 dates, each of the said lots may be the subject of a sep grams of boned meat per 100 kilograms of unboned arate payment declaration. A payment declaration, as meat employed, private storage aid shall not be referred to in Article 2 of Regulation (EEC) No 798/80, payable ; shall be submitted for each lot on the day of its entry into (b) if the quantity actually stored exceeds 67 kilograms storage. but is lower than 75 kilograms of boned meat per 100 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, it : (a) for quantities stored unboned or, in case of cutting or boning, for quantities of unboned meat employed, in — has left the Community's territory, excess of quantities for which the contract was or concluded ; and — has reached its destination in the cases referred to in (b) in case of boning, for quantities in excess of 75 kilo Article 34 ( 1 ) of Regulation (EEC) No 3665/87, grams of boned meat per 100 kilograms of unboned or meat employed. — has been placed in a victualling warehouse approved pursuant to Article 38 of Regulation (EEC) No Article 5 3665/87.

1 . The actual storage period shall be chosen by the 2. If the 60-day period is not complied with, the storer, but may not be less than four months nor exceed amount of aid for the quantity concerned, calculated 1 in eight months. If the storage period exceeds four months accordance with Article 8 , shall be reduced : the aid shall be increased in accordance with Article 1 (2). — by 15 % , 2. After three months of storage under contract, a plus single advance payment of the aid may be made, at the — a further 5 % per day exceeding the 60-day period. storer's request, on condition that he lodges a security equal to the advance payment plus 20 % . Moreover 15 % of the security referred to in Article 10, and a further 5 % per day exceeding the 60-day period, The advance payment of the aid shall not exceed the shall be declared forfeit in respect of the quantity amount of aid corresponding to a storage period of three concerned. months. Where quantities under contract are exported in accordance with Article 7 prior to the advance payment, 3. If, prior to the end of the minimum storage period, the actual storage period for those quantities shall be a minimum of 90 % of the meat actually stored under a taken into account when calculating the amount of contract has been exported in the sense of paragraph 1 , advance payment. the balance may be withdrawn from store prior to the end of the minimum storage period. If withdrawn : The advance payment of the aid shall be converted into 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 released only in respect of the quantity having been exported. 1 . By way of derogation from Article 2 (4) of Regula tion (EEC) No 1091 /80, products to be stored under a 4. For the purposes of the preceding paragraphs, proof private storage contract may be placed under the system shall be furnished as in the case of refunds.

30 . 8 . 88 Official Journal of the European Communities No L 239/23

Article 8 For all other cases where that requirement is not complied with : 1 . Where application has been made of Article 7, the amount of aid shall be reduced, in accordance with — no aid shall be paid under the contract concerned, and Article 1 (2). — the whole of the security referred to in Article 10 shall 2. The storage period shall terminate on the day be declared forfeit in respect of the contract before : concerned . t — the first day of removal from storage, or Article 10 — the day of acceptance of the export declaration, if the meat has not been moved. The amount of the security referred to in Article 4 (2) of Regulation (EEC) No 1091 /80 shall be : 3. Article 3 (4) of Council Regulation (EEC, Euratdm) — 100 ECU per tonne in respect of contracts covering No 1182/71 (') shall not apply as regards the calculation carcases or half-carcases, of the storage period. — 130 ECU per tonne in respect of contracts covering hindquarters, Article 9 — 75 ECU per tonne in respect of contracts covering 1 . The minimum quantity for each removal is fixed at forequarters. 5 tonnes of product weight per store and per contractor. Article 11 However, where the quantity left in a store is less than this quantity, one further withdrawal operation of the Except in cases of force majeure the application for remaining quantity or part thereof shall be permitted. payment of the aid and the supporting documents must be lodged with the competent authority within six Where the withdrawal conditions referred to in the prece months of the end of the contracted storage period. If it ding subparagraph are not complied with : has not been possible to produce them on time although — the amount of aid for the quantity withdrawn shall be the applicant has acted promptly to obtain them, an extra calculated in accordance with Article 5 (1 ) or Article 8 , period of time for their production may be granted. and Where Article 7 is applied the necessary proof must be — 15 % of the security referred to in Article 10 shall be produced within the time limits specified in Article 31 of Regulation (EEC) No 3665/87. declared forfeit in respect of the quantity withdrawn . Article 12 2. The storer shall inform the intervention agency in good time before the commencement of withdrawal Member States shall take the necessary measures to ensure operations, stating the quantities he intends to withdraw. identification of the products specified in the Annex, either by means of an indelible mark or by an individual The intervention agency may require that this notification seal on each presentation of the adult male bovine animal be made at most two working days before commence concerned . ment of operations. Article 13 Where this requirement is not complied with but where sufficient evidence has been furnished, to the satisfaction Member States shall communicate by telex to the of the competent authority, as to the date of withdrawal Commission before Thursday of each week the results of from store and the quantities concerned the application of Articles 5 (2), 6 ( 1 ) and 7 of this Regula tion . — the amount of aid shall be calculated in accordance with Article 5 ( 1 ) or Article 8, Article 14 and This Regulation shall enter into force on the day of its — 15 % of the security referred to in Article 10 shall be publication in the Official Journal of the European declared forfeit in respect of the quantity concerned. Communities.

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

Done at Brussels, 29 August 1988 .

For the Commission Frans ANDRIESSEN Vice-President

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

No L 239 /24 Official Journal of the European Communities 30 . 8 . 88

ANNEX

Carcases, half-carcases, hindquarters and forequarters from adult male bovine animals identified in accordance with Article 12

Amount of aid Amount in EGU/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