31989R2965

CELEX: 31989R2965
Datum: 1989-09-30
Källa: eur-lex.europa.eu

30 . 9 . 89 Official Journal of the European Communities No L 281 / 103

COMMISSION REGULATION (EEC) No 2965 /89 of 29 September 1989 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters of adult male bovine animals

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 order to increase the effects on the market, it should be provided that chairman, products under a private storage contract should be able at the same time to Having regard to Council Regulation (EEC) No 805/68 of be placed under the system laid down in Article 5 ( 1 ) of 27 June 1968 on the common organization of the market Council Regulation (EEC) No 565/80 of 4 March 1980 on in beef and veal ('), as last amended by Regulation (EEC) the advance payment of export refunds in respect of No 571 /89 (2), and in particular Articles 5 ( 1 ) and (2) and 8 agricultural products (*), as amended by Regulation (EEC) (2) thereof, No 2026/83 (»);

Whereas, in view of the difficulties on the market in beef Whereas, in view of the contractual storage periods it is owing to increased slaughterings of adult male bovine necessary to derogate from Article 28 (5) of Commission animals, private storage aid should be granted in respect of such animals ; Regulation (EEC) No 3665/87 (l0), as last amended by Regulation (EEC) No 3993/88 ("), as to the period during which the products may remain under the system laid Whereas the provisions of Commission Regulation (EEC) down in Regulation (EEC) No 565/80 ; No 1091 /80 (3), as last amended by Regulation (EEC) No 3492/88 (4), should be followed in respect of the grant of private storage aid for beef ; Whereas provision should be made for the possibility of reducing the storage period where meat removed from storage is intended for export ; whereas proof that the Whereas provision should be made to ensure that the meat has been exported must be supplied as in the case of animals involved are slaughtered exclusively in slaughter refunds, in accordance with Regulation (EEC) No houses which are approved and supervised in accordance 3665/87 ; whereas, except in cases where the stored with the provisions of Council Directive 64/433/EEC (*), products are put under a system requiring export in their as last amended by Directive 88/657/EEC (6) ; totality, it is appropriate to provide that, subject to certain conditions, a limited quantity may be withdrawn from store without subsequent export ; whereas provision Whereas Article 3 of Council Regulation (EEC) No should be made for the calculation of aid and the release 989/68 f) provides that, if the market situation so of the security where the storer has not fulfilled certain requires, the period of storage may be curtailed or obligations ; extended,; whereas it is therefore appropriate that, in addition to the amounts of aid granted for a specific storage period, amounts to be added or reduced in the Whereas appropriate control measures should be adopted event of that period being extended or curtailed should to ensure that the aid is granted on a correct basis ; also be fixed ; whereas, in this context it should in particular be laid down that Member States should carry out controls which are adapted to the various stages of the storage Whereas, in order to prevent the financing of normal operations ; private storage, it appears desirable to fix high minimum quantities ; Whereas, in order for the Commission to monitor closely Whereas foreseeable market conditions make it necessary the effect of the private storage scheme, Member States to provide for storage periods of between four and six are to forward the necessary information ; months ; whereas, in order to improve the efficiency of the scheme, provisions should be laid down enabling the Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time limit laid (') OJ No L 148, 28. 6. 1968, p. 24. down by its chairman, 0 OJ No L 61 , 4. 3. 1989, p. 43. 3) OJ No L 114, 3. 5. 1980, p. 18. («) OJ No L 306, 11 . 11 . 1988, p. 20 . («) OJ No L 62, 7. 3. 1980, p. 5. n OJ No 121 , 29. 7. 1964, p. 2012/64. n OJ No L 199, 22. 7. 1983, p. 12. («) OJ No L 382, 31 . 12. 1988, p. 3. (10) OJ No L 351 , 14. 12. 1987, p. 1 . 0 OJ No L 169, 18. 7. 1968, p. 10. (") OJ No L 354, 22. 12. 1988, p. 22.

No L 281 / 104 Official Journal of the European Communities 30 . 9 . 89

HAS ADOPTED THIS REGULATION : (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, Article 1 — 'forequarter' means : 1 . Applications may be submitted between 2 and 28 (a) the front part of the half-carcase cut, in the October 1989 for aid for the private storage of one of the manner known as 'pistola' with a minimum of five presentations of adult male bovine animals defined in Article 2. ribs and a maximum of eight ribs and with a minimum average weight of 55 kilograms, the flank being attached to the forequarter ; or The amounts of this aid, by tonne of products, bone-in, shall be as fixed in the Annex hereto for each of these (b) the front part of the half-carcase and in a manner known as 'straight' with a minimum of eight ribs presentations, pursuant to Article 6 ( 1 ) of Regulation and a maximum of 10 ribs and with a minimum (EEC) No 1091 /80. average weight of 55 kilograms.

If the quantities in respect of which contracts have been 4. Carcases and half-carcases shall be presented in applied for or the market situation make it advisable, the accordance with point 2 (a) and (b) of Annex III to deadline for the submission of applications may be Regulation (EEC) No 859/89. changed.

2. The aid shall be adjusted if the period of storage is Article 3 extended or reduced. The supplements and deductions per day for each of the presentations referred to in Article 2 shall be as fixed in the Annex hereto. 1 . The minimum quantity per contract shall be 15 tonnes expressed as bone-in meat. 3 . Subject to the provisions of this Regulation, the provisions of Regulation (EEC) No 1091 /80 shall apply. 2» The contract may only cover unboned meat of one of the presentations listed in the Annex.

Article 2 3. Placing in storage must be carried out within 28 days of the date of conclusion of the contract. 1 . Only meat produced in accordance with the provisions of Article 3 ( la) (a) to (e) of Directive 4. The security shall be forfeit if the application for a 64/433/EEC shall be eligible for private storage aid. contract is withdrawn .

2. Private storage can only be granted for meat classified in accordance with the Community scale for the Article 4 classification of carcases laid down in Council Regulation (EEC) No 1208/81 (') and identified in accordance with 1 , Subject to the provisions of paragraph 2, contractors Article 4 (3) (d) and (e) of Commission Regulation (EEC) may, during the storage entry period, cut or bone all or No 859/89 (2). part of the products referred to in Article 2, provided that only the quantity for which the contract has been 3 . For the purposes of this Regulation : concluded is employed and that all the meat resulting from such operations is placed in store. Intention to make — carcases shall have a minimum average weight of 220 use of this facility shall be notified not later than the date kilograms, of placing in storage.

— half-carcases 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 — 'hindquarter' means : than the quantity for which the contract was concluded and : (a) the rear part of the half-carcase cut in the manner known as 'pistola' with a minimum of five cut ribs (a) not less than 90 % of that quantity, the amount of aid and a maximum of eight ribs and with a referred to in Article 1 ( 1 ) shall be reduced propor minimum average weight of 55 kilograms ; it is tionally ; cut straight to the hip bone and then parallel to (b) less than 90 % but more than or equal to 80 % of the fillet so that this is practically free from attached parts of the flank ; or that quantity, half of the private storage aid shall be paid for the quantity actually stored ; (') OJ No L 123, 7 . 5. 1981 , p . 3. (c) less than 80 % of this quantity, private storage aid (2) OJ No L 91 , 4. 4. 1989, p. 5. shall not be paid.

30 . 9 . 89 Official Journal of the European Communities No L 281 / 105

3. In the case of boning : 2. In this case, by way of derogation from Article 28 (5) of Regulation (EEC) No 3665/87 the period referred to in (a) if the quantity actually stored does not exceed 67 that Article shall be seven months. kilograms of boned meat per 100 kilograms of unboned meat employed, private storage aid shall not 3. For the purposes of the second subparagraph of be payable ; paragraph 1 , where a private storage contract is concluded (b) if the quantity actually stored exceeds 67 kilograms for a quantity which consists of several lots which are but is lower than 75 kilograms of boned meat per 100 placed in storage on different dates, each of the said lots kilograms of unboned meat employed, the aid referred may be the subject of a separate payment declaration. A to in Article 1 ( 1 ) shall be reduced proportionally. payment declaration, as referred to in Article 25 of Regulation (EEC) No 3665/87 shall be submitted for each 4. Large tendons, cartilage, pieces of fat and other lot on the day of its entry into storage. scraps left over from cutting for boning may not be stored . 'Lot' means a quantity which is placed in storage on a given day. 5. No aid shall be granted :

(a) for quantities stored unboned or, in case of cutting or Article 7 boning, for quantities of unboned meat employed in excess of quantities for which the contract was concluded ; and 1 . After two months of storage under contract, meat may be fully or partly withdrawn from store, subject to a (b) in case of boning, for quantities in excess of 75 minimum quantity, provided that, within 60 days kilograms of boned meat per 100 kilograms of following its removal from store, it : unboned meat employed. — has left the territory of the Community,

or Article 5 — has reached its destination in the cases referred to in Article 34 (1 ) of Regulation (EEC) No 3665/87, 1 . The actual storage period shall be chosen by the or storer, but may not be less than four months nor exceed six months. If the storage period exceeds four months the — has been placed in a victualling warehouse approved aid shall be increased in accordance with Article 1 (2). pursuant to Article 38 of Regulation (EEC) No 3665/87. 2. After three months of storage under contract, a single advance on the aid may be paid, at the storer's 2. If the 60-day period is not complied with, the request, on condition that he lodges a security equal to amount of aid for the quantity concerned, calculated in the advance payment plus 20 % . accordance with Article 8 shall be reduced :

The advance on the aid shall not exceed the amount of — by 15 %, aid corresponding to a storage period of three months. plus Where quantities under contract are exported in — a further 5 % per day exceeding the 60-day period. accordance with Article 7 prior to the payment of the advance the actual storage period for those quantities shall be taken into account when calculating the amount of Moreover 15% of the security referred to in Article 10 advance . and a further 5 % per day exceeding the sixty-day period shall be forfeit in respect of the quantity concerned. The advance on the aid shall be converted into national currency by applying the representative rate in force on 3. If, prior to the end of the minimum storage period, the day of conclusion of the storage contract. a minimum of 90 % of the meat actually stored under a contract has been exported within the meaning of paragraph 1 , the balance may be withdrawn from store prior to the end of the minimum storage period. Article 6

In that case : 1 . By way of derogation from Article 2 (4) of Regulation (EEC) No 1091 /80, products to be stored — aid shall only be paid for the quantity exported, under a private storage contract may be placed under the and system laid down in Article 5 (1 ) of Regulation (EEC) No 565/80 . — the security referred to in Article 10 shall be released only in respect of the quantity exported. Member States may require that the two operations referred to in the first subparagraph shall commence 4. For the purposes of the preceding paragraphs, proof simultaneously. shall be furnished as in the case of refunds.

No L 281 / 106 Official journal of the European Communities 30. 9 . 89

Article 8 Article 10

1 . Where Article 7 is applied, the aid shall be reduced, The amount of the security referred to in Article 4 (2) of in accordance with Article 1 (2). Regulation (EEC) No 1091 /80 shall be :

— ECU 100 per tonne in respect of contracts covering 2. The storage period shall terminate on the day carcases or half-carcases, before : — ECU 130 per tonne in respect of contracts covering — the first day of removal from storage, or carcases or half-carcases, — the day of acceptance of the export declaration, if the — ECU 75 per tonne in respect of contracts covering meat has not been moved. carcases or half-carcases

3. Article 3 (4) of Council Regulation (EEC, Euratom) Article 11 No 1182/71 (') shall not apply as regards the calculation of the storage period. Except in cases of force majeure the application for payment of the aid and the supporting documents must be lodged with the competent authority within six Article 9 months of the end of the contractual storage period. If it has not been possible to produce them on time although 1 . The minimum quantity for each removal is fixed at the applicant has acted promptly to obtain them, an extra 5 tonnes of product weight per store and per contractor. period of time for their production may be granted. However, where the quantity left in a store is less than Where Article 7 is applied the necessary proof must be this quantity, one further withdrawal operation of the produced within the time limits specified in Article 47 remaining quantity or part thereof shall be permitted. (2), (4), (6) and (7) of Regulation (EEC) No 3665/87.

Where the withdrawal conditions referred to in the Article 12 preceding subparagraph are not complied with :

— the amount of aid for the quantity withdrawn shall be 1 . The Member States shall ensure that the conditions calculated in accordance with Article 5 ( 1 ) or Article 8, granting entitlement to payment of the aid are fulfilled. and 2. The contractor shall make available to the national — 15 % of the security referred to in Article 10 shall be authorities responsible for verifying execution of the forfeit in respect of the quantity withdrawn. measure any documentation permitting in particular the following particulars of products placed in private storage 2. The storer shall inform the intervention agency in to be veriefied : good time before the commencement of withdrawal operations, stating the quantities he intends to withdraw. (a) owership at the time of entry into storage ; (b) Community origin ; The intervention agency may require that this notification (c) the date of slaughther of the animals, the weight and be made at most two working days before commen quantity ; cement of operations. (d) the date of entry into storage ; Where this requirements is not complied with but where (e) presence in the store ; sufficient evidence has been furnished, to the satisfaction (f) the date of removal from storage. of the competent authority, as to the date of withdrawal from store and the quantities concerned 3. The contractor or, where applicable, the operator of — the amount of aid shall be calculated in accordance the store shall keep stock accounts available at the store, covering : with Article 5 ( 1 ) or Article 8, and (a.) identification, by contract number, of the products placed in private storage ; — 15 % of the security referred to in Article 10 shall be forfeit in respect of the quantity concerned. (b) the dates of entry into and removal from storage ; (c) the number of prepackaged items, the weight and In all other cases where that requirement is not complied designation of the products ; with : (d) the location of the products in the store. — no aid shall be paid under the contract concerned, 4. Products stored must be easily identifiable and must and be identified individually by contract. Each prepacked — the whole of the security referred to in Article 10 shall item and, where applicable, each pallet must be labelled be forfeit in respect of the contract concerned. so that the contract number, the description of the product and the weight ; date of entry into storage shall (') OJ No L 124, 8 . 6. 1971 , p. 1 . be shown by lot in storage.

30 . 9 . 89 Official Journal of the European Communities No L 281 / 107

5. On entry into storage, the intervention agencies — the date of the check, shall conduct checks in particular to ensure that products — its duration, stored are eligible for the aid and to prevent any — the operations conducted. possibility of substitution of products during storage under contract. The report on checks must be signed by the official responsible and countersigned by the contractor or, where 6. The national authorities responsible for controls applicable, by the store operator. shall undertake : 8. In the case of irregularities affecting at least 5 % of (a) for each contract, a check on the compliance with all the quantities of products subject to the checks the latter the obligations in Article 3 (2) of Regulation (EEC) No shall be extended to a larger sample to be determined by 1091 /80 ; the intervention agency. (b) an unannounced check to see that the products are The Member States shall notify such cases to the present in the store. The sample concerned must be Commission within four weeks . representative and must correspond to at least 10 % of the overall quantity under contract for a private Article 13 storage aid measure. Such checks must include, in addition to an examination of the accounts referred to Member States shall communicate by telex to the in paragraph 3, a physical check of the weight and Commission before Thursday of each week the results of type of product and their identification. Such physical the application of Articles 5 (2), 6 (1 ) and 7 of this checks must relate to at least 5 % of the quantity Regulation. subject to the unannounced check ; (c) a check to see that the products are present at the end Article 14 of the storage period under contract. This Regulation shall enter into force on the day of its 7. Checks conducted pursuant to paragraphs 5 and 6 publication in the Official Journal of the European must be the subject of a report stating : Communities.

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

Done at Brussels, 29 September 1989.

For the Commission Ray MAC SHARRY Member of the Commission

No L 281 / 108 Official Journal of the European Communities 30 . 9 . 89

ANNEX

Aid for carcases, half-carcases, hindquarters and forequarters of adult male bovine animals

Amount of aid Amount ECU/tonne in ECU/tonne Products in respect of to be deducted for a storage period which aid is granted of four 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