31968R0739

Official Journal of the European Communities 127

20.6.68 Official Journal of the European Communities No L 136/ 1

REGULATION (EEC) No 739/68 OF THE COUNCIL of 18 June 1968

laying down general rules for granting private storage aid for pigmeat

THE COUNCIL OF THE EUROPEAN COMMUNITIES or legal persons established in the Community other 5 than the intervention agencies referred to in that Article, of products covered by the market in Having regard to the Treaty establishing the pigmeat. European Economic Community; 2. Private storage aid may only be granted in Having regard to Council Regulation No 121/67/ respect of products derived from pigs originating EEC 1 of 13 June 1967 on the common organisation in the Community. of the market in pigmeat, and in particular Article 7 ( 1 ) thereof; 3 . Private storage aid shall be granted in accordance with the terms of contracts concluded with inter­ Having regard to the proposal from the Commission ; vention agencies ; such contacts shall express the reciprocal obligations of the contracting parties in Whereas Regulation No 121/67/EEC makes provision standard terms for each product. for intervention in the market in pigmeat in the form of private storage aid ; Article 2

Whereas the functioning of such a system of aid can Unless specially authorised, a request for private be facilitated by providing for the conclusion of storage aid may only be made in the country whfere contracts with intervention agencies ; the product is to be stored.

Article 3 Whereas, in order to achieve the purposes of the aid as defined in Regulation No 121 /67/EEC, its If the market situation so requires, the period of amount should be fixed with reference to the cost of storage specified in the contract may be curtailed or storage ; whereas, to that end, two methods should extended under conditions to be determined . be provided for fixing that amount; whereas, in both cases, the granting of aid should be so effected as not Article 4 to discriminate between applicants established in the Community ; 1 . The amount of aid shall be either :

Whereas suitable measures should be provided for ( a) determined by means of an invitation to tender published in the Official Journal of the European in case the situation of the market in the products in question necessitates an alteration in the terms of Communities, or contracts to be concluded or in the length of the (b) fixed in advance. period of storage provided for in contracts already concluded ; 2 . In either case : (a) equal treatment shall be given to applicants as HAS ADOPTED THIS REGULATION : to the admissibility of their offer, irrespective of the place of their establishment in the Com­ Article 1 munity; 1 . Private storage, within the meaning of Article 3 (b ) only applicants who have given security for the of Regulation No 121/67/EEC, is the holding in a fulfilment of their contract obligations by lodging warehouse, at their own risk and expense by natural a deposit, which shall be forfeited in whole or in part if these are not fulfilled or are only partially fulfilled, shall be permitted to tender and to con 1 OJ No 117, 19.6.1967, p. 2283/67. elude a contract;

128 Official Journal of the European Communities

(c) the time limit for the entry of products into store ( a) there shall be a single rate for each product taking and the duration of storage shall be specified ; into account storage costs, normal depreciation of quality and, so far as possible, any foreseeable ( d) the amount of the aid may not normally exceed increase in the price of the product in question ; the amount of the costs which would be incurred if storage were effected by a public intervention ( b ) requests for aid shall be granted under conditions agency. to be determined, in particular as regards the time that may elapse between the submission of the request and the conclusion of the contract; Article 5 ( c) the conclusion of storage contracts may be 1 . In the selection of tenders preference shall be suspended or the terms of future contracts may given to those which are most favourable to the be revised, if a summary review of the market Community . situation, of the quantities covered by contracts and of applications for contracts shows either of these measures to be necessary. 2. In any case, the award of a contract shall not necessarily ensue. Article 7

Article 6 This Regulation shall enter into force on the third day following its publication in the Official Journal Where the amount of aid is fixed in advance : of the European Communities.

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

Done at Luxembourg, 18 June 1968 .

For the Council

The President

E. FAURE