31985R2225

3 . 8 . 85 No L 205/25 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2225/85 of 2 August 1985 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals

THE COMMISSION OF THE EUROPEAN months ; whereas, in order to improve the efficiency of COMMUNITIES, the scheme, provisions should be laid down enabling the applicants to benefit from an advance payment of Having regard to the Treaty establishing the European the aid subject to a security ; Economic Community,

Having regard to Council Regulation (EEC) No 805/68 Whereas, in view of the exceptional circumstances in of 27 June 1968 on the common organization of the the beef market and in order to encourage operators to market in beef and veal ('), as last amended by the Act make use of private storage it should be provided that, of Accession of Greece, and in particular Articles 6 (5) for a limited period, products under a private storage (b) and 8 (2) thereof, contract should be able at the same time to be placed under the system laid down in Article 5 ( 1 ) of Regul­ Whereas, in view of the serious difficulties on the ation (EEC) No 565/80 of 4 March 1980 on the market in beef owing to the extraordinary slaugh­ advance payment of export refunds in respect of agri­ terings of adult bovine animals, private storage aid cultural products (8) ; whereas, in view of the contrac­ should be granted in respect of such animals. tual storage periods it is necessary to derogate from Article 11 (2)'of Regulation (EEC) No 798/80 of 31 Whereas the provisions of Commission Regulation March 1980 laying down general rules on the advance (EEC) No 1091 /80 (2), as last amended by Regulation payment of export refunds and positive monetary (EEC) No 2826/82 (3), should be followed in respect of compensatory amounts in respect of agricultural the grant of private storage aid for beef ; products (9), as last amended by Regulation (EEC) No 1663/81 (!0), as to the period during which the products may stay under the system laid down in Whereas provisions should be made to ensure that Regulation (EEC) No 565/80 ; the animals involved be slaughtered exclusively in slaughterhouses which are approved and supervised in accordance with the provisions of Council Directive 64/433/EEC (4), as last amended by Directive Whereas provision should be made for the possibility 83/90/EEC 0 ; of reducing the storage period where meat removed from storage is intended for export ; whereas proof that Whereas Article 3 of Council Regulation (EEC) No the meat has been exported must be supplied as in the 989/68 (®), as amended by Regulation (EEC) No case of refunds, in accordance with Commission Regu­ 428/77 f), provides that, if the market situation so lation (EEC) No 2730/79 (n), as last amended by Regu­ requires, the period of storage may be curtailed or lation (EEC) No 568/85 (12) ; whereas, except in cases extended ; whereas it is therefore appropriate that, in where the stored products are put under a system addition to the amounts of aid granted for a specific requiring export in their totality, it is appropriate to storage period, amounts to be added or reduced in the provide that, subject to certain conditions, a limited event of that period being extended or curtailed quantity may be withdrawn from store without subse­ should also be fixed ; quent export ; whereas provisions should be made for the calculation of aid and the release of security where Whereas, in order to prevent the financing of normal the storer has not respected certain obligations ; private storage, it appears desirable to fix high minimum quantities ;

Whereas, for the purposes of the necessary controls, Whereas, foreseeable market conditions make it neces­ Member States shall take measures to ensure that the sary to provide for storage periods between 9 and 12 products being stored can be identified as originating from male bovine animals ; (') OJ No L 148 , 28 . 6. 1968 , p. 24. (2) OJ No L 114, 3 . 5. 1980, p. 18 . , 0 OJ No L 297, 23. 10. 1982, p. 18 . (8) OJ No L 62, 4. 3 . 1980, p. 5. o OJ No 121 , 29 . 7. 1964, p. 2012/64. 0 OJ No L 87, 31 . 3 . 1980, p. 42. 0 OJ No L 59, 5. 3 . 1983, p. 10 . H OJ No L 166, 24. 6 . 1981 , p. 9 . («) OJ No L 169, 18 . 7. 1968 , p. 10 . (") OJ No L 317, 12. 12. 1979, p. 1 . 0 OJ No L 61 , 5. 3. 1977, p. 17. 12 OJ No L 65, 6. 3 . 1985, p. 5.

No L 205/26 3 . 8 . 85 Official Journal of the European Communities

Whereas, in order for the Commission to closely grams ; it is cut straight to the hip bone and monitor the effect of the private storage scheme, then parallel to the fillet so that this is practi­ Member States shall communicate the necessary infor­ cally free from attached parts of the flank ; or mation ; (b) the rear part of the half-carcase cut in the manner known as 'straight' with a minimum of Whereas the Management Committee for Beef and three ribs and a maximum of five ribs and with Veal has not delivered an opinion within the time a minimum average weight of 55 kilograms. limit set by its chairman, — the forequarter shall mean :

(a) the front part of the half-carcase cut, in the HAS ADOPTED THIS REGULATION : manner known as 'pistola' with a minimum of five ribs and a maximum of eight ribs and with a minimum average weight of 55 kilograms, Article 1 the flank being attached to the forequarter ; or (b) the front part of the half-carcase and in a 1 . Applications may be submitted between 5 August manner known as 'straight' with a minimum of and 22 November 1985 for aid for the private storage eight ribs and a maximum of 10 ribs and with of one of the presentations of adult male bovine a minimum average weight of 55 kilograms. animals defined in Article 2 (2). 3. Carcases and half-carcases shall be presented in The amounts of this aid, by tonne of product, bone­ accordance with point 2 (a) and (b) of Annex II to in, are fixed in the Annex hereto for each for these Regulation (EEC) No 2226/78 ('). presentations pursuant to Article 6 ( 1 ) of Regulation (EEC) No 1091 /80.

Article 3 If the quantities in respect of which contracts have been applied for or the market situation make it 1 . The minimum quantity per contract shall be 20 advisable, the deadline for the submission of applica­ tonnes expressed as bone-in meat. tions may be changed.

2. The amount of aid shall be adjusted if the period 2. The contract may only cover unboned meat of of storage is extended or reduced. The supplements one of the presentations referred to in Article 2 (2). per month and deductions per day for each of the presentations referred to in Article 2 (2) are fixed in 3. Placing in storage must be carried out within 28 the Annex hereto . days of the date of conclusion of the contract.

3. Subject to the provisions of this Regulation, the provisions of Regulation (EEC) No 1091 /80 shall Article 4 apply.

1 . Subject to the provisions laid down in paragraph 2, the contractor may, before placing into store, cut or Article 2 bone all or part of the products referred to in Article 2 (2), provided that only the quantity for which the 1 . Only meat produced in accordance with the contract has been concluded is employed and that all provisions of Article 3 ( 1A) (a) to (e) of Council Direc­ the meat resulting from such operations is placed in tive 64/433/EEC shall be eligible for private storage store . aid .

2. If the quantity stored unboned, or, if cut or 2. For the purposes of this Regulation : boned, the quantity of unboned meat employed, is less — the carcase shall have a minimum average weight than the quantity for which the contract was concluded and : of 220 kilograms, — the half-carcase shall have a minimum average (a) not less than 90 % of that quantity, the amount of weight of 110 kilograms, aid referred to in the second subparagraph of — the hindquarter shall mean : Article 1 ( 1 ) shall be reduced proportionally ; (b) less than 90 % of that quantity, private storage aid (a) the rear part of the half-carcase cut in the shall not be paid. manner known as 'pistola' with a minimum of five cut ribs and a maximum of eight ribs and with minimum average weight of 55 kilo­ (') OJ No L 261 , 26. 9 . 1978 , p. 5.

3 . 8 . 85 No L 205/27 Official Journal of the European Communities

3. In the case of boning : placed under the system laid down in Article 5 (1 ) of Regulation (EEC) No 565/80 . (a) if the quantity placed in a store does not exceed 69 kilograms of boned meat per 100 kilograms of 2. In this case, by way of derogation from Article 1 1 unboned meat employed, private storage aid shall (2) of Regulation (EEC) No 798/80, the period referred not be payable ; to in that Article shall be 12 months. (b) if the quantity placed in store exceeds 69 kilo­ grams but is lower than 77 kilograms of boned 3 . For the purposes of paragraph 1 , where a private meat per 100 kilograms of unboned meat storage contract is concluded for a quantity which employed, the aid referred to in the second sub­ consists of several lots which are placed in storage on paragraph of Article 1 (1 ) shall be reduced propor­ different dates, each of the said lots may ,be the subject tionally. of a separate payment declaration. A payment declara­ tion, as referred to in Article 2 of Regulation (EEC) No 4. No aid shall be granted : 798/80, shall be submitted for each lot on the day of (a) for quantities placed in store unboned, or in case of its entry into storage. cuting or boning, for quantities of unboned meat employed, in excess of quantities for which the 'Lot' shall be taken to mean a quantity which is placed contract was concluded ; and in storage on a given day. (b) in case of boning, for quantities in excess of 77 kilograms of boned meat per 100 kilograms of Article 7 unboned meat employed. 1 . On the expiry of a storage period of two months, Article 5 stored meat under a contract may be fully for partly withdrawn from store, subject to a minimum quantity, 1 . The period of storage shall be either 9, 10, 11 or provided that within 60 days following its removal 1 2 months, at the storer's option ; the storer shall state from storage : his preference at the time of submitting the applica­ — the meat has left the Community's territory within tion referred to in the first subparagraph of Article 1 (!)• the meaning of Article 9 (2) of Regulation No 2730/79, 2. After three months of contractual storage a single or advance payment of the aid may be made, at storer's — the meat has reached its destination in the cases request, on condition that he lodges a security equal to referred to in Article 5 ( 1 ) of Regulation (EEC) No the advance payment plus 20 % . 2730/79, The advance payment of the aid shall not exceed the or amount of aid corresponding to the contracted storage — the meat has been placed in a victualling ware­ period. Where quantities under contract are exported house approved pursuant to Article 26 of Regula­ in accordance with Article 7 prior to the advance tion (EEC) No 2730/79 . payment the actual storage period for those quantities shall be taken into account when calculating the 2. The minimum quantity shall be 10 tonnes of amount of advance payment. product weight. However, where the remaining stored The advance payment of the aid shall be concerted quantity under the contract is less than 10 tonnes of into national currency by applying the representative product weight, one further withdrawal operation for rate in force on the day of conclusion of the storage export of the remaining quantity or part thereof shall contract. be permitted.

3. The security referred to in the first subparagraph Where the withdrawal conditions referred to in the of paragraph 2 shall be lodged at the applicant's preceding subparagraph are not complied with : choice either in cash or in the form of a guarantee — the amount of aid for the quantity withdrawn shall given by an establishment satisfying criteria fixed by be calculated in accordance with Article 8 (1 ), the Member State in which the security is lodged. but 4. Without prejudice to Article 8 (2) the security — 15 % of the security referred to in Article 9 shall referred to in the first subparagraph of paragraph 2 be declared forfeit in respect of the quantity with­ shall immediately be released when : drawn . (a) final entitlement to the sum granted as advance has been established ; or 3 . If the 60 days period is not complied with, the amount of aid for the quantity concerned, calculated (b) the sum granted, plus 20 % , has been repaid. in accordance with Article 8 ( 1 ), shall be reduced : Article 6 — by 15 % , and 1 . By way of derogation from Article 2 (4) of Regu­ lation (EEC) No 1091 /80 products being stored under — by a further 5 % per day exceeding the 60 days a private storage contract may simultaneously be period .

No L 205/28 3 . 8 . 85 Official Journal of the European Communities

Moreover, 1 5 % of the security referred to in Article 9 Article 1 (2), the first day of removal from storage not and a further 5 % per day exceeding the 60-day being included in the period of storage under contract. period, shall be declared forfeit in respect of the quan­ tity concerned. 2. Where application has been made of Article 5 (2) prior to the application of Article 7, an amount equal 4. If, prior to the end of the contracted storage to the difference between the advance payment of aid period, a minimum of 90 % of the meat placed in and the amount of aid calculated by applying para­ store under a contract has been exported in the sense graph 1 and Article 7, shall immediately be recouped of paragraph 1 , the balance may be withdrawn from from the storer. store prior to the end of the contracted storage period, If withdrawn : The security referred to in Article 5 (2) shall be — aid shall only be paid for the quantity having been released pro rata to the amount recouped. exported, and Article 9 — the security referred to in Article 9 shall be released only in respect of the quantity having The amount of the security referred to in Article 4 (2) been exported. of Regulation (EEC) No 1091 /80 shall be :

5. For the purposes of the preceding paragraphs — 115 ECU per tonne in respect of contracts proof shall be furnished as in the case of refunds. covering carcases or half-carcases,

6. The storer shall inform the intervention agency . — 150 ECU per tonne in respect of contracts at least two working days before the commencement covering hindquarters, of withdrawal operations, stating the quantities he — 85 ECU per tonne in respect of contracts covering intends to withdraw. forequarters. Where the two-days' obligation is not complied with but where sufficient evidence as to the date of with­ Article 10 drawal from store and the quantities concerned has been furnished with the competent authority : Member States shall take the necessary measures to — the amount of aid shall be calculated in accordance ensure identification of the products specified in the with Article 8 ( 1 ), but Annex, either by means of an indelible mark or by an individual seal on each presentation of the adult male — 1 5 % of the security referred to in Article 9 shall bovine animal concerned . be declared forfeit in respect of the quantity concerned .

Article 11 For all other cases where the two-days' obligation is not complied with : Member States shall communicate by telex to the — no aid shall be paid under the contract concerned, Commission before Thursday of each week the results and of the application of Articles 5 (2), 6 (1 ) and 7 of this — the security referred to in Article 9 shall be Regulation . declared forfeit in full in respect of the contract concerned . Article 12 Article 8 This Regulation shall enter into force on the day of its 1 . Where application has been made of Article 7, publication in the Official Journal of the European the amount of aid shall be reduced, in accordance with Communities.

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

Done at Brussels, 2 August 1985.

For the Commission

Henning CHRISTOPHERSEN

Vice-President

3 . 8 . 85 No L 205/29 Official Journal of the European Communities

ANNEX

Carcases, half-carcases, hindquarters and forequarters from adult male bovine animals identified in accordance with Article 10

Amount of aid in ECU/tonne Amount in for a storage period of ECU/tonne Products in respect of which aid is granted to be added to be deducted 9 months 10 months 11 months 12 months per month per day

(a) Fresh or chilled carcases or half­ carcases 576 594 612 630 35 0,65

(b) Fresh or chilled hindquarters cut in 738 756 774 792 40 0,74 the manner known as 'pistola'

(c) Fresh or chilled hindquarters cut in 725 743 761 779 40 0,74 the manner known as 'straight'

(d) Fresh or chilled forequarters cut in the manner known as 'pistola' 414 432 450 468 30 0,55

(e) Fresh or chilled forequarters cut in 428 446 464 482 30 0,55 the manner known as 'straight'