Commission Regulation (EC) No 26/2001 of 5 January 2001 laying down certain measures derogating from Regulation (EC) No 2561/2000 on private storage aid in the beef sector
Date: 2001-01-05
Institutions: European Commission
Subjects: EU aid, EU control, beef, derogation from EU law, private stock, storage

6.1.2001

EN

Official Journal of the European Communities

L 3/13

COMMISSION REGULATION (EC) No 26/2001

of 5 January 2001

laying down certain measures derogating from Regulation (EC) No 2561/2000 on private storage
aid in the beef sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 48(2) thereof,

Whereas:

(1)

(2)

applications

Commission Regulation (EC) No 2561/2000 of 21
November 2000 laying down special provisions for the
granting of private storage aid for cows (2) provides for
contract
introduced from 27
to be
November 2000. These applications must be accompa-
nied by a security referred to in Article 7(1) of Commis-
sion Regulation (EC) No 907/2000 (3). Article 7(2) of the
same Regulation defines the primary requirements for
the said security. In accordance herewith, an operator
cannot withdraw a contract application and must place
and keep in storage at least 90 % of the contractual
quantity.

Article 2(1) of Commission Regulation (EC) No 2777/
2000 of 18 December 2000 adopting exceptional
support measures for the beef market (4) provides that
meat from animals aged more than 30 months and
slaughtered in the Community after 1 January 2001 can
only be released for human consumption if tested nega-
tively for BSE. These tests can only be carried out at the
time of slaughter. The Council had on 4 December 2000
announced the intentions of the Commission to adopt
the abovementioned measure and the information was
subsequently widely spread. Operators who had applied
for private storage contracts before that date could not

know that the market conditions for release of beef for
human consumption would change
fundamentally
before they were allowed to take the products out of
private storage. Consequently,
is appropriate to
provide that contracts applied for before 5 December
2000 may be cancelled without loss of the security and
at the same time to release any stored quantities under
the contracts.

it

(3)

(4)

Operators should be allowed to make use of this Regula-
tion as quickly as possible.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

Contracts concluded under Regulation (EC) No 2561/2000 on
the basis of applications lodged before 5 December 2000 may
be cancelled at the request of the contracting party.

By way of derogation from Article 7(2)(b) of Regulation (EC)
No 907/2000, the securities and stored quantities related to the
cancelled contracts shall be released immediately.

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities.

It shall be applicable from 5 December 2000.

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

Done at Brussels, 5 January 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 293, 22.11.2000, p. 5.
(3) OJ L 105, 3.5.2000, p. 6.
(4) OJ L 321, 19.12.2000, p. 47.