CELEX: 31988R0495
Language: en
Date: 1988-02-25 00:00:00
Title: 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

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
animals involved are slaughtered exclusively in slaughter­        2. The amount of aid shall be adjusted if the period of
houses which are approved and supervised in accordance            storage is extended or reduced. The supplements per
with the provisions of Council Directive 64/433/EEC (4),          month and deductions per diem are specified in the
                                                                  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
Whereas it is necessary to regulate the destorage oper­           applied, be less than that quantity.
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).
 ---pagebreak--- 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
     quantity actually stored ;                                   For all other cases where that requirement is not
                                                                  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
— the amount of aid for the quantity withdrawn shall be            Council Regulation (EEC, Euratom) No 1182/71 (').
     calculated in accordance with Article 4 ( 1 ),                However, Article 3 (4) of that Regulation shall not apply
     and                                                           to the determination of the period of storage as referred to
                                                                  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 .
 ---pagebreak--- 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