CELEX: 31990R0287
Language: en
Date: 1990-02-01 00:00:00
Title: Commission Regulation (EEC) No 287/90 of 1 February 1990 setting out some detailed rules for private storage aid for lamb in the period 1 January to 30 April 1990

2. 2. 90                                 Official Journal of the European Communities                              No L 31 / 11
                                     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
storage period, amounts to be added or reduced in the              HAS ADOPTED THIS REGULATION :
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
conditions for destorage in order, particularly, to ensure         1.     Private storage shall be confined to carcases and half
                                                                   carcases of lambs less than 12 months old.
compliance with the contracted storage period ;
Whereas, a security of ECU 120 per tonne seems appro­              2. Applications in the context of private storage aid
priate to guarantee compliance with the obligations                shall be submitted to the intervention agencies listed in
                                                                   the Annex.
linked to private storage ;
Whereas it is appropriate that the release or retention of
this security should take place according to rules laid            3.     In the context of a tendering procedure
                                                                   — 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.
 ---pagebreak---  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)
to (e) of Directive 64/433/EEC shall be eligible for private      The intervention agency may require that this notification
storage aid.                                                      be made at least two working days before the commence­
                                                                  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.
 1 . Subject to paragraph 2, contractors may, during the          For all other cases of non-compliance with this require­
                                                                  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
placed in store. Intention to make use of this facility shall     — the whole of the security referred to in Article 8 shall
be notified not later than the day on which placing in                 be declared forfeit in respect of the contract
                                                                       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 (').
(c) less than 80 % of this quantity, private storage aid          However, Article 3 (4) of that Regulation shall not apply
     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
 1 . The minimum quantity for each removal shall be               standing Article 5 (2) of Regulation (EEC) No 2659/80,
four tonnes, expressed as bone-in meat, per store and per         the security shall be subject to Regulation (EEC) No
contract. However, where the quantity left in a store is          2220/85 and to this Regulation.
less than this quantity, a withdrawal operation of the
remaining quantity shall be permitted.                            (') OJ No L 124, 8. 6. 1971 , p. 1 .
 ---pagebreak--- 2. 2. 90                              Official Journal of the European Communities                               No L 31 / 13
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,
(a) ownership at the time of entry into storage ;               — the operations conducted.
(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
covering :                                                      within four weeks.
(a) identification, by contract number, of the products
    placed in private storage ;
(b) the dates of entry into and removal from storage ;                                    Article 10
(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
(d) the location of the products in the store.                   publication in the Official Journal of the European
                                                                 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.
 ---pagebreak--- 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
 ---pagebreak--- 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