31971R0289

60 Official Journal of the European Communities

12.2.71 Official Journal of the European Communities No L 35 / 7

REGULATION (EEC) No 289/71 OF THE COMMISSION of 10 February 1971 laying down detailed rules for granting private storage aid for pigmeat

THE COMMISSION OF THE EUROPEAN COM­ down general rules for granting private storage aid MUNITIES , for pigmeat should be fixed at an amount equal to part of the aid ; Having regard to the Treaty establishing the European Economic Community ; Whereas, to take account of commercial practice, certain margins of variation of the agreed quantity should be allowed ; Having regard to Council Regulation No 121 /67/EEC1 of 13 June 1967 on the common organisation of the market in pigmeat, as last Whereas it is advisable to lay down uniform amended by Regulation (EEC) No 1253 /70,2 and in provisions for the payment of amounts of aid and for appropriate advances ; particular Articles 5 (3 ) and 7 (2) and the second paragraph of Article 22 thereof; Whereas , so that the Commission may have an overall view of the efficacy of private storage aid, Whereas, in pursuance .of Article 7 of Regulation No provision should be made for Member States to 121 /67/EEC, detailed rules must be adopted for supply it with the necessary information ; granting private storage aid;

Whereas Commission Regulation (EEC) No 869 /684 Whereas, to achieve the purposes of such aid, it of 1 July 1968 laying down detailed rules for granting would seem advisable to extend it only to natural or private, storage aid for pigmeat should be repealed; legal persons established in the Community whose past activities and professional1 experience afford Whereas the measures provided for in this Regulation guarantees that storage will be effected in a proper are in accordance with the Opinion of the manner and who have sufficient capacity; whereas, Management Committee for Pigmeat; for the same reason, aid should only be granted for the storage of products obtained from recent slaughterings ; HAS ADOPTED THIS REGULATION :

Whereas, to make such aid more efficient, a Article 1 'miAimum quantity varied according tq product should be a condition for the conclusion of a The granting of private storage aid, provided for in contract ; Article 3 of Regulation No 121 /67/EEC, shall be subject to the following conditions. Whereas , for these reasons, the contract between the intervention agency and the storer should include Article 2 conditions which ensure, in particular, equal treatment for storers in the Community; whereas, for 1 . A contract for private storage of pigmeat may the same reasons, the deposit serving as security for be concluded only with natural or legal persons : fulfilment of the obligations undertaken which was — carrying on business in meat and livestock and provided for in Article 4 (2) (b) of Council officially registered in a Member State Regulation (EEC) No 739/683 of 18 June 1968 laying and

— having suitable storage facilities. 1 OJ No 117, 19.6.1967, p. 2283/67. 2 OJ No L 143 , 1.7.1970 . p . 1 . 3 OJ No L 136, 30 . 6.1968 ,p . 1 . 4 OJ No L 154, 2.7.1968 , p . 2.

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2. Private storage aid may be granted only for product. The deposit shall be lodged in cash or in the products derived from animals recently slaughtered form of a guarantee meeting requirements determined and held in cold storage. by each Member State.

3 . The contract may not relate to a quantity less 2 . The deposit shall be forfeited if the obligations than a minimum to be determined for each product. imposed by the contract are not fulfilled; if less than 90% of the quantity agreed in the contract has been taken in and stored within the time limit laid down, Article 3 the deposit shall be forfeited in respect of the shortfall of the agreed quantity . 1 . The contract shall include the following particulars : 3 . The deposit shall not be forfeited if, through force majeure, the storer is unable to fulfil the ( a) the description and quantity of the product to be above-mentioned obligations . stored, (b ) the time limit for entry of the product into store, 4. The deposit shall be released immediately the obligations of the contract have been fulfilled . ( c) the duration of storage,

( d ) the amount of the aid and the increases or Article 5 reductions to be made in case of extension or curtailment of the storage period, 1 . The amount of aid shall be fixed per unit of (e) the form and amount of the security, weight, exclusive of packing, ascertained on entry into store and before freezing. (f) the right of the intervention agency to curtail or extend the storage period in accordance with the rujes and conditions adopted in application of 2 . The aid shall be paid as soon as it has been Article 3 of Regulation (EEC) No 739/68 . ascertained that the obligations of the contract have been fulfilled. After storage has been effected in accordance with the contract the intervention agency 2 . The contract shall impose the following shall pay, on request, an advance in respect of aid, obligations on the private storer : equal to 90% of the deposit which was lodged. ( a ) at his own risk and expense to take the agreed quantity of the product into store within the time Article 6 limits laid down and to store it for the stipulated period, When the amount of aid is fixed in advance, a (b ) to advise the intervention agency concerned of decision on acceptance of an application for the day and place of storage and the nature and conclusion of a contract must be taken by the quantity of the products to be stored, competent intervention agency within eight working days following that on which the application was ( c) to forward to that intervention agency without received . delay the supporting documents for the storage operations , (d ) to store the products in easily identifiable lots , Article 7

(e) to allow the intervention agency, at any time, to When, through force majeure, the storer is unable to verify fulfilment of all the obligations laid down fulfil his obligations under the contract, the in the contract. intervention agency concerned may cancel the contract or take other appropriate measures. 3 . The obligation to store the agreed quantity shall be considered as fulfilled if not less than 90% and not more than 110% of that amount has been taken Article 8 into store . 1 . Member States shall communicate to the Commission the standard form of the contract Article 4 mentioned in Article 3 .

1 . When a contract is concluded the storer shall 2. Member States shall take all necessary measures lodge a deposit in an amount not exceeding 50% of to verify compliance with contracts which have been the amount of aid specified in the contract for each concluded .

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3 . Member States shall communicate to the accordance with the procedure mentioned in Article Commission by telex, not later than Thursday in each 25 of Regulation No 121/67/EEC. week, the products and quantities : ( a) for which aid has been requested, Article 9 ( b) for which contracts have been concluded and

(c) the reception of which into storage was Regulation (EEC) No .869/68 is hereby repealed. completed during the preceding week.

4 . Member States shall communicate to the Commission , every month all changes with regard to Article 10 products and quantities stored. This Regulation shall enter into force on the third 5 . The application of measures laid down in this day following its publication in the Official Journal Regulation shall be subject to regular examination, in of the European Communities.

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

Done at Brussels, 10 February 1971 .

For the Commission

The President Franco M. MALFATTI