31975R1477

No L 149 / 6 Official Journal of the European Communities 10 . 6 . 75

REGULATION ( EEC) No 1477 / 75 OF THE COMMISSION of 9 June 1975 amending Regulation ( EEC) No 289/71 laying down detailed rules for granting private storage aid for pigmeat

THE COMMISSION OF THE EUROPEAN ered to be the date on which occurs the event, as COMMUNITIES, defined by Community rules or, in the absence of and pending adoption : of such rules, by the rules of the Member State concerned, in which the amount Having regard to the Treaty establishing the European involved in the transaction becomes due and payable ; Economic Community ;

Whereas in the pigmeat sector the amount of private Having regard to Council Regulation No 121 / storage aid in national currency should be calculated 67/EEC (') of 13 June 1967 on the common organiza­ using the exchange rate ruling at the time when the tion of the market in pigmeat, as last amended by private storage contract is concluded ; Regulation (EEC) No 1 861 /74 (2), and in particular Article 5 (4), Article 6 and Article 7 (2) thereof ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ Whereas Article 3 (2) (a) of Commission Regulation ment Committee for Pigmeat, (EEC) No 289/71 (3) of 10 February 1971 laying down detailed rules for granting private storage aid for pigmeat, as last amended by Regulation (EEC) No 2600 /74 (4), provides that the storer must take the HAS ADOPTED THIS REGULATION : agreed quantity of the product into store within the time limits laid down and store it for the stipulated period ; Article 1 Whereas the object of private storage aid is to ease pressure on the market by removing from the market Article 3 (2) (a) of Regulation (EEC) No 289/71 is for a certain period surplus quantities of the product ; amended to read as follows : whereas an effective reduction of pressure on the market can only be achieved, however, if the storer '(a) at his own risk and expense to take the agreed keeps the full quantity of ascertained items of the quantity of the product into store within the time limits laid down and to store it for the product for the whole of the storage period, as agreed in the contract ; stipulated period, and not during that period to alter the stored products in any way or to exchange them for other products,' Whereas Article 4 (2) of Council Regulation (EEC) No 1 134/68 (5) of 30 July 1968 laying down rules for the implementation of Regulation (EEC) No 653/68 on conditions for alterations to the value of the unit of Article 2 account used for the common agricultural policy provides that for transactions carried out pursuant to Article 5 of Regulation (EEC) No 289/71 is amended provisions on the common agricultural policy, the to read as follows : sums owed by a Member State or a duly authorized body, expressed in national currency and representing ' Article 5 amounts fixed in units of account, are to be paid on the basis of the relationship between the unit of 1 . The amount of aid shall be fixed per unit of account and the national currency which obtained at the time when the transaction or part transaction was weight and shall relate : carried out ; — in the case of frozen products, to their weight, exclusive of packing, as ascertained on entry Whereas Article 6 of that Regulation provides that the into store and before freezing ; time when a transaction is carried out is to be consid­ — in the case of dried or dried and smoked hams, to the weight of the fresh products as ascer­ (>) OJ No 117, 19 . 6 . 1967, p. 2283/67. (2) OJ No L 197, 19 . 7. 1974, p. 3 . tained before drying or drying and smoking ; (3 ) OJ No L 35, 12. 2. 1971 , p. 7. (4) OJ No L 277, 12. 10 . 1974, p. 34. — in the case of preserved products, to the net (5 ) OJ No L 188 , 1 . 8 . 1968 , p. 1 . weight.

10 . 6 . 75 Official Journal of the European Communities No L 149 / 7

2. Without prejudice to the other obligations of 4. For the purposes of Article 6 of Regulation the storer, aid may be claimed only if the obliga­ (EEC) No 1134/68 the event in which private tions set out in Article 3 (2) (a) are fulfilled in their storage aid for pigmeat becomes due and payable entirety. shall be considered to occur on the day when the contract is concluded .' 3. The aid shall be paid as soon as it has been ascertained that the obligations of the contract Article 3 have been fulfilled. After storage has been effected in accordance with the contract the intervention This Regulation shall enter into force on the third day agency shall pay, on request, an advance in respect following its publication in the Official Journal of of aid, equal to 90 % of the deposit lodged . the European Communities.

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

Done at Brussels, 9 June 1975. For the Commission P.J. LARDINOIS '

Member of the Commission

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