31990R0287
2. 2. 90 No L 31 / 11 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 287/90 of 1 February 1990 setting out some detailed rules (or private storage aid for lamb in the period 1 January to 30 April 1990
THE COMMISSION OF THE EUROPEAN COMMUNITIES, down in conformity with Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common Having regard to the Treaty establishing the European detailed rules for the application of the system of securi Economic Community, ties for agricultural products f), as last amended by Regu lation (EEC) No 3745/89 (8) ; whereas this Regulation Having regard to Council Regulation (EEC) No 3013/89 should therefore define the primary requirements to be of 25 September 1989 on the common organization of met for the release of the security ; whereas storing for the the market in sheepmeat and goatmeat ('), and in par storage period the quantity provided for in the contract ticular Article 7 (5) thereof, constitutes one of the primary requirements for the granting of private storage aid for sheepmeat ; whereas, Whereas the provisions of Commission Regulation (EEC) both to take account of commercial practice and for prac No 2659/80 (2), as amended by Regulation (EEC) No tical reasons, certain margins of variation from the agreed 3496/88 (3), should be followed in respect of the grant of quantity should be permitted ; private storage aid for sheepmeat ; whereas it is appro priate to complete or to adapt these provisions ; Whereas there should also be some proportionality as regards the release of the security and at the same time of Whereas, according to the market situation private storage the granting of aid where certain requirements relating to should be limited to carcases and half carcases ; the quantities to be placed in storage are not met ;
Whereas provisions should be adopted to ensure that the Whereas control measures should be taken to ensure that animals involved are slaughtered exclusively in slaughter aid is not granted unduly ; whereas for this purpose it is houses which are approved and supervised in accordance especially appropriate that Member States set up checks with the provisions of Council Directive 64/433/EEC (4), adapted to the different stages of the storage operations ; as last amended by Directive 83/90/EEC (*) ; Whereas the measures provided for in this Regulation are Whereas Article 3 of Council Regulation (EEC) No in accordance with the opinion of the Management 2644/80 (6) provides that, if the market situation so Committee for Sheep and Goats, requires, the period of storage may be curtailed or extended ; whereas it is therefore appropriate that, in addition to the amounts of aid granted for a specific HAS ADOPTED THIS REGULATION : storage period, amounts to be added or reduced in the event of that period being extended or curtailed should also be fixed ; Article 1 Whereas foreseeable market conditions make it necessary to provide for flexible storage periods of between three Regulation (EEC) No 2659/80 shall apply subject to the and seven months ; provisions of this Regulation.
Whereas it is appropriate in order to ensure genuine tenders, to determine the minimum quantity which may Article 2 be stored ; whereas it is appropriate also to indicate the period for placing product in storage in addition to the 1 . Private storage shall be confined to carcases and half conditions for destorage in order, particularly, to ensure carcases of lambs less than 12 months old . compliance with the contracted storage period ;
2. Applications in the context of private storage aid Whereas, a security of ECU 120 per tonne seems appro shall be submitted to the intervention agencies listed in priate to guarantee compliance with the obligations the Annex . linked to private storage ;
Whereas it is appropriate that the release or retention of 3. In the context of a tendering procedure this security should take place according to rules laid — offers shall be made in ecus per tonne and shall (') OJ No L 289, 7. 10. 1989, p. 1 . include the elements provided for in Article 3 ( 1 ) of (2) OJ No L 276, 20. 10. 1980, p. 12. Regulation (EEC) No 2659/80, 0 OJ No L 306, 11 . 11 . 1988, p. 28. (4) OJ No 121 , 29. 7. 1964, p. 2012/64. O OJ No L 59, 5. 3. 1983, p. 10. O OJ No L 205, 3. 8 . 1985, p. 5. (6) OJ No L 275, 18 . 10. 1980, p. 8 . (8) OJ No L 364, 14. 12. 1989, p . 54.
No L 31 / 12 Official journal of the European Communities 2. 2. 90
— the period for which storage may be tendered is three Without prejudice to Article 2 of Regulation (EEC) No months. However, the actual storage period shall be 2220/85, where these withdrawal conditions are not chosen by the storer. This period may extend from a complied with the amount of aid for the quantity with minimum of three months to a maximum of seven drawn shall be calculated in accordance with Article 5. months. However, if the storage period is greater than three months the aid shall be increased on a daily 2. The storer shall notify the intervention agency, in basis by ECU 1,2 per tonne per day. good time before the commencement of withdrawal operations, of the quantities he intends to withdraw and of the date on which he intends to proceed with the with Article 3 drawal .
Only meat produced in accordance with Article 3 (1 ) A (a) The intervention agency may require that this notification to (e) of Directive 64/433/EEC shall be eligible for private be made at least two working days before the commence storage aid. ment of operations.
Article 4 Where the obligation to notify in due time is not complied with but where sufficient evidence has been 1 . The minimum quantity per contract shall be four furnished, within 30 days following the day of withdrawal tonnes expressed, as bone-in meat. from the warehouse, to the satisfaction of the competent authority, as to the date of withdrawal from store and the 2. Placing in storage must be carried out within 21 quantities concerned : days of the date of conclusion of the contract. — without prejudice to Article 5 the amount of aid shall 3. The storage period shall begin on the day after entry be granted, into store is completed. and
— 15 % of the security referred to in Article 8 shall be Article 5 declared forfeit in respect of the quantity concerned.
For all other cases of non-compliance with this require 1 . Subject to paragraph 2, contractors may, during the ment : storage entry period, cut all or part of the products referred to in Article 2 (1), provided that only the quantity — no aid shall be paid in respect of the contract for which the contract has been concluded is employed concerned, and that all the cuts resulting from such operations is — the whole of the security referred to in Article 8 shall placed in store. Intention to make use of this facility shall be declared forfeit in respect of the contract be notified not later than the day on which placing in concerned . storage begins. This day is considered as being the day on which it comes under the control of the intervention agency. Article 7 2. If the quantity actually stored and kept in storage for the minimum storage period is less than the quantity for which the contract was concluded and : 1 . For each quantity determined in conformity with Article 6 (2) the storage period shall terminate on the day (a) not less than 90 % of that quantity, the amount of aid before the first day of removal from storage. shall be reduced proportionally ; (b) less than 90 % but at least 80 % of that quantity, half 2. The periods, dates and time limits referred to in this of the private storage aid shall be paid for the quantity Regulation shall be determined in accordance with actually stored ; Council Regulation (EEC, Euratom) No 1182/71 ('). However, Article 3 (4) of that Regulation shall not apply (c) less than 80 % of this quantity, private storage aid shall not be paid. to the determination of the period of storage.
3. Aid will not be paid for quantities for which the contracted storage period has not been complied with. Article 8
Article 6 1 . The security referred to in Article 4 (2) of Regulation (EEC) No 2659/80 shall be ECU 120 per tonne. Notwith standing Article 5 (2) of Regulation (EEC) No 2659/80, 1 . The minimum quantity for each removal shall be the security shall be subject to Regulation (EEC) No four tonnes, expressed as bone-in meat, per store and per 2220/85 and to this Regulation. contract. However, where the quantity left in a store is less than this quantity, a withdrawal operation of the remaining quantity shall be permitted. (') OJ No L 124, 8. 6. 1971 , p. 1 .
2. 2. 90 No L 31 / 13 Official Journal of the European Communities
2. The primary requirements within the meaning of fied so th&t the contract number, the description of the Article 20 of Regulation (EEC) No 2220/85 shall be : product and the weight are shown ; date of entry into storage shall be shown by lot in storage. — not to withdraw an application for a contract or a tender, 5. On entry into storage, intervention agencies shall -— to place and keep in storage, for the contracted storage conduct checks in particular to ensure that products period, all the quantity provided for in the contract, at stored are eligible for the aid and to prevent any substitu the contracting party's own risk without altering or tion of products during storage under contract. substituting the stored products or moving them from one store to another. 6. The national authorities responsible for controls shall undertake : 3 . Article 27 (1 ) of Regulation (EEC) No 2220/85 shall not apply. (a) for each contract, a check on the compliance with all the obligations in Article 3 (2) of Regulation (EEC) No 4. Securities shall be released immeditely where appli 2659/80 ; cations for a contract or tenders are not accepted. (b) an unannounced check to see that the products are present in the store. The sample concerned must be 5. When the time limit for placing into storage laid representative and must correspond to at least 10 % of down in Article 4 (2) is exceeded by 10 days or more, the the overall quantity under contract for a private contract shall be annulled and the security forfeited in storage aid measure. Such checks must include, in accordance with Article 23 of Regulation (EEC) No addition to an examination of the accounts referred to 2220/85. in paragraph 3, a physical check of the weight and type of product and their identification. Such physical checks must relate to at least 5 % of the quantity Article 9 subject to the unannounced check ;
(c) a check to see that the products are present at the end 1 . Member States shall ensure that the conditions of the storage period under contract. granting entitlement to payment of the aid are fulfilled.
7. Checks conducted pursuant to paragraphs 5 and 6 2. The contractor shall make available to the national must be the subject of a report stating : authorities responsible for verifying execution of the measure any documentation permitting in particular the — the date of the check, following particulars of products placed in private storage to be verified : — its duration,
— the operations conducted. (a) ownership at the time of entry into storage ; (b) Community origin ; The report on checks must be signed by the official responsible and countersigned by the contractor or, where (c) the date of slaughter of the animals, the weight and applicable, by the store operator. quantity ; (d) the date of entry into storage ; 8. In the case of irregularities affecting at least 5 % of (e) presence in the store ; the quantities of products subject to the checks the latter shall be extended to a larger sample to be determined by (f) the date of removal from storage. the intervention agency.
3. The contractor or, where applicable, the operator of the store shall keep stock accounts available at the store, Member States shall notify such cases to the Commission within four weeks. covering :
(a) identification, by contract number, of the products placed in private storage ; Article 10 (b) the dates of entry into and removal from storage ; (c) the number of carcases, half carcases and cartons, the weight and designation of the products ; This Regulation shall enter into force on the day of its publication in the Official Journal of the European (d) the location of the products in the store. Communities.
4. Products stored must be packaged, easily identifiable and must be identified individually by contract. Each It shall apply to private storage open during the period package and, where applicable, each pallet must be identi 1 January to 30 April 1990.
No L 31 / 14 Official Journal of the European Communities 2. 2. 90
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 1 February 1990.
For the Commission Ray MAC SHARRY Member of the Commission
2. 2. 90 Official Journal of the European Communities No L 31 / 15
ANEXO — BILAG — ANHANG — ΠΑΡΑΡΤΗΜΑ — ANNEX — ANNEXE — ALLEGATO — BIJLAGE — ANEXO
Direcciones de los organismos de intervención — Interventionsorganernes adresser — Anschriften der Interventionsstellen — Διευθύνσεις των οργανισμών παρεμβάσεως — Addresses of the intervention agencies — Adresses des organismes d'intervention — Indirizzi degli organismi d'intervento — Adressen van de interventiebureaus — Endereços dos organismos de intervencao BELGIQUE/BELGIË : Office beige de 1 economie et Belgische Dienst voor Bedrijfs de 1 agriculture leven en Landbouw rue de Trèves 82 Trierstraat 82 1040 Bruxelles 1040 Brussel Tél. 02 / 230 17 40, télex 24076 OBEA BRU B DANMARK : EF-Direktoratet Frederiksborggade 18 DK-1360 København K Tlf. 01 92 70 00, telex 151 37 DK BUNDESREPUBLIK Bundesanstalt für landwirtschaftliche Marktordnung (BALM) DEUTSCHLAND Geschäftsbereich 3 (Fleisch und Fleischerzeugnisse) Postfach 180 107 — Adickesallee 40 D-6000 Frankfurt am Main 18 Tel. (06 9) 1 56 40 App. 713, Telex 04 11 56 EΛΛAΔA : Διεύθυνση Διαχείρισης Αγορών Γεωργικων Προϊόντων (ΔI.Δ.A.ΓE.Π ), Αχαρνών 241 , Αθήνα ESPAÑA : Servicio nacional de productos agrarios (SENPA) c/ Beneficencia 8 28003 Madrid Tel . 222 29 61 Télex 23427 SENPA E FRANCE : OFIVAL Tour Montparnasse 33, avenue du Maine 75755 Paris Cedex 15 Tél. 45 38 84 00, télex 26 06 43 IRELAND : Department of Agriculture and Food Agriculture House Kildare Street Dublin 2 Tel. (01 ) 78 90 11 , ext. 33 32 Telex 4280 and 5118 ITALIA : Azienda di Stato per gli interventi nel mercato agricolo (AIMA) via Palestro 81 I-00100 Roma Tel . 49 57 283 — 49 59 261 Telex 61 30 03 NEDERLAND : Voedselvoorzienings In- en Verkoopbureau Ministerie van Landbouw, Natuurbeheer en Visserij Postbus 960 6430 AZ Hoensbroek Tel. (045) 23 83 83 Telex 56396 PORTUGAL : INGA Instituto Nacional de Intervenção e Garantia Agrícola Rua Camilo Castelo Branco, 45 P-1000 Lisboa UNITED KINGDOM : Intervention Board for Agricultural Produce Fountain House 2 Queens Walk Reading RG1 7QW Berkshire Tel. (0734) 58 36 26 Telex 848 302