31988R0495

25. 2. 88 Official Journal of the European Communities No L 51 / 13

COMMISSION REGULATION (EEC) No 495/88 of 24 February 1988 providing for the grant of private storage aid fixed at a standard rate in advance for lamb in region 7

THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the European Article 1 Economic Community,

1 . Applications may, in region 7, and subject to an Having regard to Council Regulation (EEC) No 1837/80 overall limit of 3 000 tonnes, be submitted until 1 April of 27 June 1980 on the common organization of the 1988 for aid for the private storage of lamb carcases or market in sheepmeat and goatmeat ('), as last amended by half carcases . Regulation (EEC) No 3908/87 (2), and in particular Articles 6 (1 ) (a) and 7 (7) thereof, Applications submitted on or after the day following that on which the total quantity applied for exceeds 3 000 Whereas, in view of the serious difficulties on the market tonnes shall not be accepted. Quantities in respect of in sheepmeat in Spain and Portugal, private storage aid which applications are lodged on the day the overall limit should be granted in region 7 ; whereas the total quantity is exceeded shall be reduced proportionally. for which storage contracts may be concluded should, however, be limited to 3 000 tonnes ; The amounts of this aid, by tonne of product, bone-in, are fixed in the Annex pursuant to Article 6 (1 ) of Regulation Whereas the provisions of Commission Regulation (EEC) (EEC) No 2659/80. No 2659/80 (3) should be followed in respect of the grant of private storage aid for sheepmeat ; If the market situation makes it advisable, the deadline for the submission of applications may be changed. Whereas provisions should be adopted to ensure that the 2. The amount of aid shall be adjusted if the period of animals involved are slaughtered exclusively in slaughter­ storage is extended or reduced. The supplements per houses which are approved and supervised in accordance month and deductions per diem are specified in the with the provisions of Council Directive 64/433/EEC (4), Annex . as last amended by Directive 83/90/EEC (*) ; 3. Subject to the provisions of this Regulation, the Whereas Article 3 of Council Regulation (EEC) No provisions of Regulation (EEC) No 2659/80 shall apply. 2644/80 (*) provides that, if the market situation so requires, the period of storage may be curtailed or extended ; whereas it is therefore appropriate that, in Article 2 addition to the amounts of aid granted for a specific storage period, amounts to be added or reduced in the Only meat produced in accordance with the provisions of event of that period being extended or curtailed should Article 3 (1 ) A (a) to (e) of Directive 64/433/EEC shall be also be fixed ; eligible for private storage aid.

Whereas foreseeable market conditions make it necessary to provide for flexible storage periods of between four and Article 3 seven months ; whereas a certain tolerance may be intro­ duced between the contracted quantity and the quantity 1 . The minimum quantity per contract shall be two actually stored and kept in store ; tonnes expressed as bone-in meat ; it may, where the provisions of the second paragraph of Article 1 (1 ) are applied, be less than that quantity. Whereas it is necessary to regulate the destorage oper­ ations ; 2. Placing in storage must be carried out within eight days of the date of conclusion of the contract. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats, Article 4

(') OJ No L 183, 16. 7. 1980, p. 1 . 1 . The actual storage period shall be chosen by the (2) OJ No L 370, 30. 12. 1987, p. 16. storer at the end of the storage period but may not be less (3) OJ No L 276, 20. 10. 1980, p. 12. than four months nor exceed seven months. If the Storage 0 OJ No 121 , 29. 7. 1964, p. 2012/64. if) OJ No L 59, 5. 3. 1983, p. 10. period exceeds four months the aid shall be increased in («) OJ No L 275, 18 . 10. 1980, p. 8 . accordance with Article 1 (2).

No L 51 / 14 Official Journal of the European Communities 25. 2. 88

2. If the quantity actually stored and kept in storage for of the competent authority, as to the date of withdrawal the minimum storage period is less than the quantity for from store and the quantities concerned : which the contract was concluded and : — the amount of aid shall be calculated in accordance (a) not less than 90 % of that quantity, the amount of aid with Article 4 (1 ), referred to in the second subparagraph of Article 1 ( 1 ) and shall be reduced proportionally ; — 1 5 % of the security referred to in Article 7 shall be (b) less than 90 % but more or equal to 80 % of that declared forfeit in respect of the quantity concerned. quantity, private storage aid is paid for half of the For all other cases where that requirement is not quantity actually stored ; complied with : (c) less than 80 % of this quantity, private storage aid shall not be paid. — no aid shall be paid under the contract concerned, and Article 5 — the whole of the security referred to in Article 7 shall be declared forfeit in respect of the contract 1 . The minimum quantity for each removal is fixed at concerned . two tonnes expressed as bone-in meat per store and per contractor. However, where the quantity left in a store is Article 6 less than this quantity, one further withdrawal operation of the remaining quantity or part thereof shall be 1 . The storage period shall terminate on the day before permitted. the first day of removal from storage,

Where the withdrawal conditions referred to in the 2. The periods, dates and time limits referred to in this preceding subparagraph are not complied with : Regulation shall be determined in accordance with Council Regulation (EEC, Euratom) No 1182/71 ('). — the amount of aid for the quantity withdrawn shall be calculated in accordance with Article 4 ( 1 ), However, Article 3 (4) of that Regulation shall not apply to the determination of the period of storage as referred to and in Article 4 ( 1 ). — 15 % of the security referred to in Article 7 shall be declared forfeit in respect of the quantity withdrawn. Article 7

2. The storer shall inform the intervention agency in The amount of the security referred to in Article 4 (2) of good time before the commencement of withdrawal Regulation (EEC) No 2659/80 shall be 120 ECU per operations, stating the quantities he intends to withdraw. tonne .

The intervention agency may require that this notification be made at most two working days before commence­ Article 8 ment of operations. This Regulation shall enter into force on the day of its Where this requirement is not complied with but where publication in the Official Journal of the European sufficient evidence has been furnished, to the satisfaction Communities.

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

Done at Brussels, 22 February 1988 . For the Commission Frans ANDRIESSEN Vice-President

(' OJ No L 124, 8 . 6. 1971 , p. 1 .

25. 2. 88 Official Journal of the European Communities No L 51 / 15

ANNEX

(ECU per tonne)

Product in respect Amount of aid for a storage period Amount to be added of which aid is granted of four months or deducted per day

0204 10 00 I

carcases or half carcases of lamb 900 1,2