CELEX: 31971R0289
Language: en
Date: 1971-02-10 00:00:00
Title: Regulation (EEC) No 289/71 of the Commission of 10 February 1971 laying down detailed rules for granting private storage aid for pigmeat

60                                   Official Journal of the European Communities
 12.2.71                               Official Journal of the European Communities                             No L 35 /7
                                  REGULATION (EEC) No 289/71 OF THE COMMISSION
                                                     of 10 February 1971
                          laying down detailed rules for granting private storage aid for pigmeat
  THE    COMMISSION        OF      THE EUROPEAN       COM­         down general rules for granting private storage aid
  MUNITIES ,                                                       for pigmeat should be fixed at an amount equal to
                                                                   part of the aid ;
 Having regard to the Treaty establishing the
  European Economic Community ;                                    Whereas, to take account of commercial practice,
                                                                   certain margins of variation of the agreed quantity
 Having regard to Council Regulation No                            should be allowed;
  121 /67/EEC1 of 13 June 1967 on the common
 organisation of the market in pigmeat, as last                    Whereas it is advisable to lay down uniform
  amended by Regulation (EEC) No 1253 /70,2 and in                 provisions for the payment of amounts of aid and for
 particular Articles 5 (3 ) and 7 (2) and the second               appropriate advances ;
 paragraph of Article 22 thereof;
                                                                   Whereas, so that the Commission may have an
 Whereas, in pursuance .of Article 7 of Regulation No              overall view of the efficacy of private storage aid,
                                                                  provision should be made for Member States to
 121 /67/EEC, detailed rules must be adopted for
                                                                   supply it with the necessary information ;
 granting private storage aid;
                                                                   Whereas Commission Regulation (EEC) No 869/684
 Whereas, to achieve the purposes of such aid, it                  of 1 July 1968 laying down detailed rules for granting
 would seem advisable to extend it only to natural or              private, storage aid for pigmeat should be repealed;
 legal persons established in the Community whose
 past activities and professional1 experience afford               Whereas the measures provided for in this Regulation
 guarantees that storage will be effected in a proper              are in accordance with the Opinion of the
 manner and who have sufficient capacity; whereas,                 Management Committee for Pigmeat;
 for the same reason, aid should only be granted for
 the storage of products obtained from recent
 slaughterings ;                                                  HAS ADOPTED THIS REGULATION :
 Whereas, to make such aid more efficient, a                                                Article 1
'miAimum quantity varied according tq product
 should be a condition for the conclusion of a                     The granting of private storage aid, provided for in
 contract ;                                                        Article 3 of Regulation No 121 /67/EEC, shall be
                                                                   subject to the following conditions.
 Whereas, for these reasons, the contract between the
 intervention agency and the storer should include                                          Article 2
 conditions which ensure, in particular, equal
 treatment for storers in the Community; whereas, for              1 . A contract for private storage of pigmeat may
 the same reasons, the deposit serving as security for             be concluded only with natural or legal persons :
 fulfilment of the obligations undertaken which was               — carrying on business in meat and livestock and
 provided for in Article 4 (2) (b) of Council                          officially registered in a Member State
 Regulation (EEC) No 739/683 of 18 June 1968 laying
                                                                       and
                                                                  — having suitable storage facilities.
 1 OJ No 117, 19.6.1967, p. 2283/67.
 2 OJ No L 143 , 1.7.1970. p. 1 .
 3 OJ No L 136, 30 . 6.1968 ,p . 1 .                              4 OJ No L 154, 2.7.1968, p . 2.
 ---pagebreak---                                        Official Journal of the European Communities                                    61
 2. Private storage aid may be granted only for                   product. The deposit shall be lodged in cash or in the
 products derived from animals recently slaughtered               form of a guarantee meeting requirements determined
 and held in cold storage.                                        by each Member State.
 3.      The contract may not relate to a quantity less           2.    The deposit shall be forfeited if the obligations
 than a minimum to be determined for each product.                imposed by the contract are not fulfilled; if less than
                                                                  90% of the quantity agreed in the contract has been
                                                                  taken in and stored within the time limit laid down,
                          Article 3                               the deposit shall be forfeited in respect of the
                                                                  shortfall of the agreed quantity .
 1 . The contract shall           include   the following
particulars :                                                     3.    The deposit shall not be forfeited if, through
                                                                  force majeure, the storer is unable to fulfil the
 ( a) the description and quantity of the product to be           above-mentioned obligations .
       stored,
 (b ) the time limit for entry of the product into store,         4.    The deposit shall be released immediately the
                                                                  obligations of the contract have been fulfilled.
 ( c) the duration of storage,
 (d) the amount of the aid and the increases or
                                                                                          Article 5
      reductions to be made in case of extension or
       curtailment of the storage period,
                                                                  1 . The amount of aid shall be fixed per unit of
 (e) the form and amount of the security,                        weight, exclusive of packing, ascertained on entry
 (f) the right of the intervention agency to curtail or           into store and before freezing.
       extend the storage period in accordance with the
      rujes and conditions adopted in application of              2.    The aid shall be paid as soon as it has been
      Article 3 of Regulation (EEC) No 739/68 .                   ascertained that the obligations of the contract have
                                                                  been fulfilled. After storage has been effected in
                                                                  accordance with the contract the intervention agency
2.      The contract shall impose           the   following       shall pay, on request, an advance in respect of aid,
obligations on the private storer :                              equal to 90% of the deposit which was lodged.
( a) at his own risk and expense to take the agreed
      quantity of the product into store within the time
                                                                                          Article 6
      limits laid down and to store it for the stipulated
      period,
                                                                 When the amount of aid is fixed in advance, a
(b ) to advise the intervention agency concerned of              decision on acceptance of an application for
      the day and place of storage and the nature and             conclusion of a contract must be taken by the
      quantity of the products to be stored,                     competent intervention agency within eight working
 ( c) to forward to that intervention agency without             days following that on which the application was
                                                                 received .
      delay the supporting documents for the storage
      operations,
(d) to store the products in easily identifiable lots,                                   Article 7
(e) to allow the intervention agency, at any time, to            When, through force majeure, the storer is unable to
      verify fulfilment of all the obligations laid down         fulfil his obligations under the contract, the
      in the contract.
                                                                 intervention agency concerned may cancel the
                                                                 contract or take other appropriate measures.
3.      The obligation to store the agreed quantity shall
be considered as fulfilled if not less than 90% and
not more than 110% of that amount has been taken                                         Article 8
into store.
                                                                  1.    Member States shall communicate to the
                                                                 Commission the standard form of the contract
                          Article 4                              mentioned in Article 3 .
1.      When a contract is concluded the storer shall            2.     Member States shall take all necessary measures
lodge a deposit in an amount not exceeding 50% of                to verify compliance with contracts which have been
the amount of aid specified in the contract for each             concluded .
 ---pagebreak--- 62                                Official Journal of the European Communities
3.    Member     States  shall  communicate    to   the      accordance with the procedure mentioned in Article
Commission by telex, not later than Thursday in each         25 of Regulation No 121/67/EEC.
week, the products and quantities :
( a) for which aid has been requested,
( b) for which contracts have been concluded and                                   Article 9
(c) the reception of which into storage was                  Regulation (EEC) No .869/68 is hereby repealed.
     completed during the preceding week.
4.     Member    States  shall  communicate    to   the
Commission , every month all changes with regard to                                Article 10
products and quantities stored.
                                                             This Regulation shall enter into force on the third
5.     The application of measures laid down in this         day following its publication in the Official Journal
Regulation shall be subject to regular examination, in       of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 10 February 1971 .
                                                                               For the Commission
                                                                                   The President
                                                                               Franco M. MALFATTI