31979R2061

22 . 9 . 79 Official Journal of the European Communities No L 240/ 5

COMMISSION REGULATION ( EEC) No 2061 / 79 of 20 September 1979 providing for the grant of private storage aid fixed in advance at a standard rate in respect of hindquarters of beef

THE COMMISSION OF THE EUROPEAN amended by Regulation (EEC) No 428/77 (9), provides COMMUNITIES, that if the market situation so requires, the period of storage may be curtailed or extended ; whereas it is therefore appropriate that, in addition to the amounts Having regard to the Treaty establishing the European of aid granted for a specific storage period, amounts to Economic Community, be added or reduced in the event of that period being extended or curtailed should also be fixed : Having regard to Council Regulation (EEC) No 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 prevent the financing of normal cles 6 (5) (b) and 8 (2) thereof, private storage, it appears desirable to fix high minimum quantities ; Having regard to Council Regulation (EEC) No 878 /77 of 26 April 1977 on the exchange rates to be applied in agriculture (3), as last amended by Regula­ Whereas under Article 4 (2) of Council Regulation tion (EEC) No 1 266/79 (4), (EEC) No 11 34/68 ( 10) sums referred to in the said Article are to be paid on the basis of the conversion Whereas, in view of the different price trends at rate applicable at the time when the transaction or present obtaining in the various Member States and in part transaction is carried out ; whereas under Article particular the seasonal difficulties on the market in 6 of the same Regulation the time when a transaction hindquarters, private storage aid should be granted in is carried out shall be considered as being the date on respect of hindquarters of adult bovine animals ; which the event occurs, as defined by Community rules or, in the absence of and pending adoption of Whereas provisions should be made to ensure that the such rules, by the rules of the Member State animals whose hindquarters are involved be slaught­ concerned , which gives entitlement to the amount ered exclusively in slaughterhouses which are involved in the transaction ; whereas however, by approved and supervised in accordance with the provi­ virtue of Article 4 (3) of Regulation (EEC) No 878/77, sions of Council Directive 64/433/EEC of 26 June derogations may be made from the abovementioned 1964 on health problems affecting intra-Community provisions ; trade in fresh meat (5), as last amended by Directive 72/379/EEC (*) ;

Whereas, in respect of private storage aid for beef, the Whereas, in order to facilitate storage operations, it rate of exchange to be used for calculating the amount would be advisable to adapt some of the conditions set of this aid in national currency should be that out in Commission Regulation (EEC) No 1071 /68 of obtaining at the time when the contract for private 25 July 1968 laying down detailed rules for granting storage aid is concluded ; private storage aid for beef and veal (7), and in parti­ cular those relating to the security ; whereas, in addi­ tion, the consequences of puttung too small a quantity into storage and of prematurely removing the meat Whereas provision should be made for the possibility from storage should be specified ; of reducing the storage period where meat removed from storage is intended for export ; whereas proof Whereas Article 3 of Council Regulation (EEC) No that the meat has been exported must be supplied as 989/68 of 15 July 1968 laying down general rules for in the case of refunds, in accordance with Commis­ granting private storage aid for beef and veal (8), as sion Regulation (EEC) No 192/75 of 17 January 1975 laying down detailed rules for the application of ( 1 ) OJ No L 148 , 28 . 6. 1968 , p. 24. export refunds in respect of agricultural products ( n ), (2) OJ No L 61 , 5 . 3 . 1977, p. 1 . as last amended by Regulation ( EEC) No 1469 /77 ( 12 ) ; (3) OJ No L 106, 29 . 4. 1977, p. 27 . h) OJ No L 161 , 29. 6. 1979, p. 4. (5) OJ No 121 , 29 . 7 . 1964, p . 2012/64. (9) OJ No L 61 , 5 . 3 . 1977, p. 17. (6) OJ No L 172, 3 . 7. 1975, p. 17. ( 10) OJ No L 188 , 1 . 8 . 1968 , p . 1 . (7) OJ No L 180, 26. 7. 1968 , p. 19 . , (■•) OJ No L 25, 31 . 1 . 1975, p . 1 . (8 OJ No L 169, 18 . 7. 1968 , p. 10 . • 2 ) OJ No L 162, 1 . 7. 1977, p . 9 .

No L 240/6 Official Journal of the European Communities 22 . 9 . 79

whereas the Management Committee for Beef and in the Annex, provided that all the meat resulting Veal has not delivered an opinion within the time from such cutting or boning operations is placed in limit set by its chairman , store .

2 . For the purposes of this Regulation , 100 kilo­ HAS ADOPTED THIS REGULATION : grams of unboned meat shall be equal to 77 kilograms of boned meat . Article 1 3 . In the case of meat stored without cutting or 1 . Applications may be submitted between 1 and boning, if the quantity stored is less than the quantity 31 October 1979, for aid for the private storage of for which the contract was concluded and : hindquarters of adult bovine animals. (a) not less than 90 % of that quantity, the amount of The amounts of this aid, by tonne, excluding pack­ private storage aid shall be reduced proportion­ aging, are fixed in the Annex hereto. ally ; If the quantities in respect of which contracts have (b) less than 90 % of that quantity, private storage aid been applied for or the market situation make it advis­ shall not be paid . able, the deadline for the submission of applications may be changed . In the case of boned meat, the percentage indicated in (a) and (b) and the lower percentage indicated in 2. The amount of aid shall be adjusted if the period Article 4 (3) of Regulation ( EEC) No 1071 /68 shall be of storage is extended or reduced. The supplements equal to 85 % . per month and deductions per diem are fixed in the fourth and fifth columns of the Annex hereto . 4. No aid shall be granted in respect of any quanti­ 3 . Subject to the provisions of this Regulation , the ties placed in store in excess of the quantity for which the contract was concluded . provisions of Regulation (EEC) No 1071 /68 shall apply.

Article5¶

1 . Only meat produced in accordance with the 1 . The storage period shall be, on application by provisions of Article 3 ( 1A) (a) to (e) of Council Direc­ the storer, to be submitted at the time of his offer, tive 64/433/EEC shall be eligible for private storage either five or six months . aid . 2. Entitlement to payment of the aid shall be esta­ 2. For the purposes of this Regulation , hindquarters blished only if all the meat has remained in storage shall mean the rear part of a half carcase comprising throughout the storage period . all the bones and the thigh and sirloin , with a minimum of three and a maximum of eight whole or 3 . On the expiry of a storage period of three cut ribs, with the shin and with or without the thin flank . months, the contracting party may withdraw from store all or part of the quantity of meat under contract, subject to a minimum of 10 tonnes, provided Article 3 that it is exported within 10 working days of the date of its removal from storage . 1 . The minimum quantity per contract shall be 20 tonnes . In this case, the amount of aid shall be reduced , in 2 . Placing in storage must be carried out within 30 accordance with Article 1 (2), the day of removal from days of the date of conclusion of the contract . storage being the last day of storage .

The storage period shall commence on the day on The contracting party shall inform the intervention which placing is completed . agency at least two working days before the 3 . By way of derogation from Article 2 (2) of Regu­ commencement of removal operations, stating the lation (EEC) No 1071 /68 , only products derived from quantities which he intends to export. animals slaughtered in the Community not more than 10 days previously shall be eligible for private storage 4 . In cases of export in accordance with paragraph aid . 3 , the contracting party shall provide proof that the meat has left the Community's geographical territory Article 4 or has been the subject of a delivery within the meaning of Article 3 of Regulation (EEC) No 192/75 . 1 . The contractor may, before placing them in This proof shall be provided as under the refund store, cut or bone all or part of the product referred to procedure .

22 . 9 . 79 Official Journal of the European Communities No L 240/7

Article 6 on which it is ascertained that the terms of the contract have been satisfied . 1 . The amount of the security shall be fixed at 110 ECU per tonne.

2. In the event of force majeure, the intervention Article 8 agency shall decide on the measures which it deems necessary in view of the circumstances invoked . The rate to be used in relation to private storage aid is the representative rate on the day the contract is The intervention agency shall inform the Commission concluded . of each case of force majeure and of the measures taken in consequence. Article 9 Article 7 This Regulation shall enter into force on the day of its The aid shall be paid, at the request of the party publication in the Official Journal of the European concerned, at the latest on the 1 5th day following that Communities.

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

Done at Brussels, 20 September 1979 .

For the Commission

Finn GUNDELACH

Vice-President

ANNEX

Amount of aid in ECU per tonne Amounts ( ECU/tonne) : for a storage period Products in respect of which aid is granted to be added to be deducted of five months of six months per month per day

Hindquarters, fresh or chilled, of adult bovine animals 545 580 35 1-2