31978R1405

No L 170/20 27 . 6 . 78 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1405/78 of 22 June 1978 on the granting at a standard rate fixed in advance of private storage aid for beef forequarters

THE COMMISSION OF THE EUROPEAN granting private storage aid for beef and veal (6), as COMMUNITIES, amended by Regulation (EEC) No 428/77 (7), provides that a decrease or an increase of the storage period can be decided oa if the market situation calls for it ; Having regard to the Treaty establishing the European whereas it is therefore appropriate to fix, in addition Economic Community, to the amounts of aid for a specified storage period, amounts to be deducted or added when this period is Having regard to Council Regulation (EEC) No shortened or lengthened ; 805/68 of 27 June 1968 on the common organization of the market in beef and veal ('), as last amended by Regulation (EEC) No 425/77 (2), and in particular Arti­ Whereas, in order to avoid financing normal private cles 6 (5) (b) and 8 (2) thereof, storage, it appears desirable to specify high minimum quantities ; Whereas Article 6 (3) of Regulation (EEC) No 805/68 lays down that intervention measures shall be taken for the whole of the Community when the price for Whereas it is desirable, having regard to the present adult bovine animals, as recorded on representative supply of beef on the Community market, to allow Community markets in accordance with Article 12 (6) the products stored to be exported before the end of of that Regulation, is lower than the intervention the storage period provided they are stored for a price ; whereas that condition is at present fulfilled ; minimum period ;

Whereas, in the present situation, which is character­ Whereas the amount of the security required should ized by diverging prices in the different Member be such as to oblige the storer to fulfil the obligations States and in particular by seasonal difficulties in the undertaken by him ; market for forequarters, aids for the private storage of beef forequarters should be granted ;

Whereas, pursuant to Article 4 (2) of Council Regula­ Whereas it should be ensured that the animals from tion (EEC) No 1134/68 of 30 July 1968 laying down which the forequarters come are slaughtered solely in general rules for the implementation of Regulation slaughterhouses approved and supervised in accor­ (EEC) No 653/68 on conditions for alterations to the dance with Council Directive 64/433/EEC of 26 June value of the unit of account used for the common agri­ 1964 on health problems affecting intra-Community cultural policy (8), for transactions carried out under trade in fresh meat (3), as last amended by Directive the common agricultural policy the sums owed by a 75/379/EEC (4) ; Member State or a duly authorized body, expressed in national currency and representing amounts fixed in Whereas, in order to facilitate storage operations, units of account, are paid on the basis of the relation­ certain conditions of Commission Regulation (EEC) ship between the unit of account and the national No 1071 /68 of 25 July 1968 laying down detailed currency obtaining at the time when the transaction rules for granting private storage aid for beef and or part transaction was carried out ; veal (5), and in particular those concerning the security required, should be amended ; whereas the consequences of putting too small a quantity into Whereas, pursuant to Article 6 of the Regulation storage and of withdrawing meat prematurely should referred to above, the time when a transaction is also be specified ; carried out is considered as being the date on which the event occurs, as defined by Community rules or, in the absence of and pending adoption of such rules, Whereas Article 3 of Council Regulation (EEC) No by the rules of the Member State concerned, in which 989/68 of 15 July 1968 laying down general rules for the amount involved in the transaction becomes due and payable ; (>) OJ No L 148, 28 . 6. 1968 , p. 24. I2) OJ No L 61 , 5. 3. 1977, p. 1 . (3) OJ No 121 , 29. 7. 1964, p. 2012/64. (6) OJ No L 169, 18 . 7. 1968, p. 10. («) OJ No L 172, 3. 7. 1975, p. 17. (') OJ No L 61 , 5. 3 . 1977, p. 17. (5) OJ No L 180, 26. 7. 1968, p. 19. (») OJ No L 188, 1 . 8 . 1968 , p. 1 .

27 . 6 . 78 Official Journal of the European Communities No L 170/21

Whereas, in respect of private storage aid for beef, the to in the Annex, provided that all the meat resulting rate of exchange to be used for calculating the amount from such boning or cutting operations is placed in of this aid in national currency should be that store . obtaining at the time when the contract for private storage aid is concluded ; 2. For the purposes of this Regulation, 100 kilo­ grams of unboned meat shall be equal to 70 kilograms Whereas the measures provided for in this Regulation of boned meat . are in accordance with the opinion of the Manage­ ment Committee for Beef and Veal , 3 . In the case of meat stored without cutting or boning, if the quantity stored is less than the quantity for which the contract was concluded and : HAS ADOPTED THIS REGULATION : (a) not less than 90 % of that quantity, the amount of Article 1 private storage aid shall be reduced proportion­ ally ; 1 . From 3 July 1978 until 31 July 1978 applica­ tions may be submitted for aid for the private storage (b) less than 90 % of that quantity, private storage aid of forequarters from adult bovine animals. The shall not be paid. amounts of such aid per tonne, exclusive of pack­ aging, shall be as shown in the Annex hereto. If the In the case of boned meat, the percentage indicated in quantities for which contracts have been applied for (a) and (b) and the lower percentage indicated in or if the market situation makes it appropriate the Article 4 (3) of Regulation (EEC) No 1071 /68 shall be final date for the submission of applications may be equal to 85 % . changed. 4. No aid shall be granted in respect of any quan­ 2. The amount of aid shall be adjusted if the dura­ tity placed in store in excess of the quantity for which tion of storage is lengthened or shortened. The . the contract was concluded . amount to be added per month or to be deducted per day shall be as shown in columns 4 and 5 of the Annex hereto . Article 5 3 . Subject as provided in this Regulation, the rules laid down in Regulation (EEC) No 1071 /68 shall 1 . The period of storage shall, at the request of the apply. storer to be submitted when lodging his tender, be either five or six months . Article 2 2. No aid shall be payable unless all the meat Private storage aid may be granted only in respect of remains in store throughout the storage period. meat produced in accordance with Article 3 ( 1 ) A (a) to (e) of Council Directive 64/433/EEC. 3 . At the end of a storage period of two months, the contractor may withdraw from store all or part of Article 3 the meat for which he has contracted, provided that not less than five tonnes is withdrawn and is, within 1 . The minimum quantity per contract shall be 30 tonnes . 10 working days of such withdrawal, exported from the Community. 2. Storing must be completed within 40 days following the conclusion of the contract and at the In that event, the amount of the aid shall be reduced latest on 1 September 1978 . in accordance with Article 1 (2), the day of withdrawal from store being regarded as the last day of storage. The storage period shall begin on the day on which storing is completed. The contractor shall inform the intervention agency 3. By way of derogation from Article 2 (2) of Regu­ not less two working days before beginning with­ lation (EEC) No 1071 /68 , private storage aid may be drawal of the meat from store, indicating the products granted only for products obtained from animals and quantities which he intends to export. slaughtered within the Community not more than 10 days previously. 4 . In the case of exportation in accordance with paragraph 3, the contractor shall furnish proof that Article 4 the meat has left the geographical territory of the Community or has been supplied as described in 1 . The contractor may, before placing them in Article 3 of Regulation (EEC) No 192/75. Such proof shall be furnished as in the case of refunds . store, cut and bone all or part of the products referred

No L 170 / 22 27 . 6 . 78 Official Journal of the European Communities

Article 6 that on which it is ascertained that the obligations under the contract have been fulfilled . 1 . The amount of the security shall be 100 units of account per tonne . 2. In cases of force majeure, the intervention Article 8 agency shall take such measures as it considers neces­ sary having regard to the circumstances invoked. The event within the meaning of Article 6 of Regula­ tion (EEC) No 1134/68 in which private storage aid The intervention agency shall inform the Commission becomes due and payable shall be considered as occur­ of each case of force majeure and of the action taken ring on the day of the conclusion of the contract. in respect thereof.

Article 7 Article 9 Aid shall be paid at the request of the person entitled thereto and at the latest on the 15th day following This Regulation shall enter into force on 3 July 1978 .

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

Done at Brussels, 22 June 1978 .

For the Commission Finn GUNDELACH Vice-President

ANNEX

Amount of aid , in u.a./ tonne , Amount in u.a ./ tonne for a storage period of Products for which aid is granted to be added to be deducted S months 6 months per month per day

Forequarters, fresh or chilled, from adult bovine animals 345 370 25 0.80