31975R1647

No L 165 / 56 Official Journal of the European Communities 28 . 6 . 75

REGULATION (EEC) No 1647/75 OF THE COMMISSION of 27 June 1975 laying down detailed rules for the granting of private storage aid for certain fishery products

THE COMMISSION OF THE EUROPEAN Article 2 COMMUNITIES, Having regard to the Treaty establishing the European To qualify for private storage aid, a prospective recip­ Economic Community ; ient must : Having regard to Council Regulation (EEC) No (a) have concluded before 5 July 1975, with the 1 629/75 (') of 24 June 1975 introducing a temporary system of private storage aid for certain fishery competent authorities of the Member State in products, and in particular Article 3 thereof ; which the product is stored, a contract by which he undertakes to fulfil, in respect of a quantity ofr Whereas Regulation (EEC) No 1629/75 provides for at least 20 metric tons certain obligations the granting of private storage aid to those producers, concerning the preservation in coldstore of the processors and wholesalers who, on 15 May 1975, held products mentioned in Article 1 of Regulation stores of frozen tunny, frozen cod fillets and frozen (EEC) No 1629/75 ; coalfish fillets of Community origin ; (b) have complied in full with the obligations incum­ Whereas the operation of a system of aids can be facili­ bent upon him under the contract. tated by the conclusion of a contract between the party concerned and the competent authority in each Member State ; Article 3 Whereas such contracts should specify the obligations on the storer, such obligation being designed to ensure, in particular that the products in question are 1 . The contract referred to in Article 2 shall specify properly preserved and that storage conditions are inter alia : effectively supervised ;

Whereas, in order to allow the goods to be removed (a) the store in which the product is located ; from store in a harmonized and orderly manner, enti­ tlement to aid should be acquired after relatively short (b) the nature and quantity of the product ; periods of storage ; (c) the date on which the product was put into Whereas provision should be made to enable the aid storage ; to be paid in instalments ; whereas therefore, any (d) the nature and the amount of the security referred payment of an instalment should be made conditional to in Article 4 . on equivalent security being furnished, so that any instalments to which a recipient of aid is not entitled may be recovered ; 2. The contract must impose the following obliga­ Whereas , to allow the Commission to assess the tions on the prospective recipient of aid : overall effectiveness of private storage aid, Member States must furnish the Commission with the neces­ (a) that he shall hold the agreed quantity of the sary information ; product in question in store on his own account and at his own risk ; Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ (b) that he shall forward immediately to the said ment Committee for Fishery Products, authority documentary proof in respect of the placing in store of the products concerned ;

HAS ADOPTED THIS REGULATION : (c) that the products shall have been placed in store in easily identifiable lots ; Article 1 (d) that he shall have and shall continue to use cold­ The granting of private storage aid as provided for in stores in which the preservation temperature is at Article 1 ( 1 ) of Regulation (EEC) No 1629 /75 shall be a constant level of 30 °C below zero or lower ; subject to the following conditions. however a temperature of between 30 °C and at least 18 °C below zero may be used if the product (') See page 14 ot this Othcial Journal . was taken into storage after 30 November 1974 ;

28 . 6 . 75 No L 165/57 Official Journal of the European Communities

(e) that he shall keep at the disposal of the competent of an instalment exceed the amount as calculated in authority of the Member State a register accordance with paragraph 1 due on the date of containing the following information for each lot payment. covered by a contract : Except in cases of force majeure, if the obligations (aa) description and tonnage, under the contract are not complied with, then the (bb) date of storage, security shall be forfeited and applied in satisfaction (cc) location inside the store ; of the instalments paid. (f) that he shall allow the competent authorities of the Member State to verify compliance with these Article 5 obligations at any time ; (g) that he shall ensure that on removal from storage If, for reasons of force majeure the beneficiary finds it the product satisfies the requirements normally in impossible to comply with the obligations imposed by force in each Member State as regards the the contract, the competent authority may take appro­ marketing of products intended for human priate measures . consumption . Article 6 Article 4 1 . Member States shall forward to the Commission 1 . The amount of the aid for each storage period a model of the contract mentioned in Article 3 . shall be as follows : 2. Member States shall take all necessary steps to — for the period 15 May to 4 July 1975, 20 units of check compliance with the contracts concluded. account per metric ton ; 3 . Member States shall give the Commission notice — for each period between 5 July and 14 August 1975, five units of account per metric ton ; before 15 July 1975, by telex, of the products and quantities for which contracts have been concluded. — for each period between 15 August and 15 October 1975, four units of account per metric 4. Member States shall inform the Commission ton . each month of any changes in the products and quan­ tities stored . The periods referred to in the second and third indent shall expire on the fifth , fifteenth and twenty-fifth day of each month . Article 7

2. The aid may be paid in instalments. An instal­ This Regulation shall enter into force on the day ment may be paid only if the recipient gives security following its publication in the Official Journal of in an equivalent amount. In no case may the amount the European Communities.

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

Done at Brussels, 27 June 1975 .

For the Commission

P.J. LARDINOIS Member of the Commission