Commission Regulation (EC) No 851/2003 of 16 May 2003 amending Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat
Date: 2003-05-16
Institutions: European Commission
Subjects: export, pigmeat, private stock, quantitative restriction, storage premium

17.5.2003

EN

Official Journal of the European Union

L 123/7

COMMISSION REGULATION (EC) No 851/2003

of 16 May 2003

amending Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid
for pigmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EEC) No 2759/75 of 29
October 1975 on the common organisation of the market in
pigmeat (1), as last amended by Regulation (EC) No 1365/
2000 (2), and in particular Article 7(2) thereof,

Whereas:

(1)

(2)

(3)

Article 7 of Commission Regulation (EEC) No 3444/
90 (3), as amended by Regulation (EC) No 3533/93 (4),
lays down the rules applying to the time limit for produ-
cing supporting evidence for the payment of aid, but
does not make provision for cases where no supporting
evidence is presented. The appropriate provisions should
therefore be adopted.

Article 9(4) of Regulation (EEC) No 3444/90 provides
for the possibility of curtailing the storage period in the
case of exports of products under contract, regardless of
whether they qualify for an export refund or not. Where
the products qualify for a refund, proof of export is
offered using the documents laid down in Article 7 of
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural
products (5), as last amended by Regulation (EC) No 444/
2003 (6). With a view to simplifying the monitoring
operations, a similar procedure should be introduced for
the proof to be offered when products are exported
without a refund.

In order to ensure the proper operation of the private
storage aid introduced pursuant to Commission Regula-
tion (EC) No 2179/2002 of 6 December 2002 on special
conditions for the granting of private storage aid for
pigmeat (7),
the proposed amendments should apply
immediately to the contracts concluded under that Regu-
lation.

(4)

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

(1) OJ L 282, 1.11.1975, p. 1.
(2) OJ L 156, 29.6.2000, p. 5.
(3) OJ L 333, 30.11.1990, p. 22.
(4) OJ L 321, 23.12.1993, p. 9.
(5) OJ L 102, 17.4.1999, p. 11.
(6) OJ L 67, 12.3.2003, p. 3.
(7) OJ L 331, 7.12.2002, p. 11.

Regulation (EEC) No 3444/90 is hereby amended as follows:

1. The following paragraph is added to Article 7:

If the requirements laid down in paragraph 1 are not
‘3.
complied with, no aid shall be paid in respect of
the
contract concerned and the entire security for that contract
shall be forfeit.’

2. The fourth subparagraph of Article 9(4) is replaced by the

following:

‘For the purposes of this paragraph, proof of export shall be
offered in accordance with Articles 7 and 8 of Regulation
(EC) No 800/1999 in the case of products qualifying for a
refund.

In the case of products not qualifying for a refund, proof of
export shall be offered in the cases provided for in Article 8
of Regulation (EC) No 800/1999 by producing the original
T5 control copy, in accordance with Articles 912a, 912b,
912c, 912e and 912g of Regulation (EEC) No 2454/93.
One of the following entries must be made in box 107 of
the control copy when it is being drawn up:

— Reglamento (CEE) no 3444/90

— Forordning (EØF) nr. 3444/90

— Verordnung (EWG) Nr. 3444/90

— Κανονισµός (ΕΟΚ) αριθ. 3444/90

— Regulation (EEC) No 3444/90

— Règlement (CEE) no 3444/90

— Regolamento (CEE) n. 3444/90

— Verordening (EEG) nr. 3444/90

— Regulamento (CEE) n.o 3444/90

— Asetus (ETY) N:o 3444/90

— Förordning (EEG) nr 3444/90’.

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

It shall apply to all new private storage aid and to the contracts
concluded under Regulation (EC) No 2179/2002.

However, Article 1(2) shall apply only to exports that take
place on or after the date of entry into force of this Regulation.

L 123/8

EN

Official Journal of the European Union

17.5.2003

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

Done at Brussels, 16 May 2003.

For the Commission

Franz FISCHLER

Member of the Commission