CELEX: 31978R1405
Language: en
Date: 1978-06-22 00:00:00
Title: Commission Regulation (EEC) No 1405/78 of 22 June 1978 on the granting at a standard rate fixed in advance of private storage aid for beef forequarters

No L 170/20                         Official Journal of the European Communities                              27. 6. 78
                                 COMMISSION REGULATION (EEC) No 1405/78
                                                    of 22 June 1978
              on the granting at a standard rate fixed in advance of private storage aid for beef
                                                      forequarters
THE COMMISSION OF THE EUROPEAN                                 granting private storage aid for beef and veal (6), as
COMMUNITIES,                                                   amended by Regulation (EEC) No 428/77 (7), provides
                                                               that a decrease or an increase of the storage period
                                                               can be decided oa if the market situation calls for it ;
Having regard to the Treaty establishing the European
Economic Community,                                            whereas it is therefore appropriate to fix, in addition
                                                               to the amounts of aid for a specified storage period,
                                                               amounts to be deducted or added when this period is
Having regard to Council Regulation (EEC) No                   shortened or lengthened ;
805/68 of 27 June 1968 on the common organization
of the market in beef and veal ('), as last amended by
Regulation (EEC) No 425/77 (2), and in particular Arti­        Whereas, in order to avoid financing normal private
cles 6 (5) (b) and 8 (2) thereof,                              storage, it appears desirable to specify high minimum
                                                               quantities ;
Whereas Article 6 (3) of Regulation (EEC) No 805/68
lays down that intervention measures shall be taken
for the whole of the Community when the price for              Whereas it is desirable, having regard to the present
adult bovine animals, as recorded on representative            supply of beef on the Community market, to allow
Community markets in accordance with Article 12 (6)            the products stored to be exported before the end of
of that Regulation, is lower than the intervention             the storage period provided they are stored for a
price ; whereas that condition is at present fulfilled ;       minimum period ;
Whereas, in the present situation, which is character­
ized by diverging prices in the different Member               Whereas the amount of the security required should
States and in particular by seasonal difficulties in the       be such as to oblige the storer to fulfil the obligations
market for forequarters, aids for the private storage of       undertaken by him ;
beef forequarters should be granted ;
                                                               Whereas, pursuant to Article 4 (2) of Council Regula­
Whereas it should be ensured that the animals from
                                                               tion (EEC) No 1134/68 of 30 July 1968 laying down
which the forequarters come are slaughtered solely in          general rules for the implementation of Regulation
slaughterhouses approved and supervised in accor­              (EEC) No 653/68 on conditions for alterations to the
dance with Council Directive 64/433/EEC of 26 June             value of the unit of account used for the common agri­
 1964 on health problems affecting intra-Community             cultural policy (8), for transactions carried out under
trade in fresh meat (3), as last amended by Directive          the common agricultural policy the sums owed by a
75/379/EEC (4) ;                                               Member State or a duly authorized body, expressed in
                                                               national currency and representing amounts fixed in
Whereas, in order to facilitate storage operations,            units of account, are paid on the basis of the relation­
certain conditions of Commission Regulation (EEC)              ship between the unit of account and the national
 No 1071 /68 of 25 July 1968 laying down detailed              currency obtaining at the time when the transaction
 rules for granting private storage aid for beef and           or part transaction was carried out ;
veal (5), and in particular those concerning the security
 required, should be amended ; whereas the
 consequences of putting too small a quantity into             Whereas, pursuant to Article 6 of the Regulation
 storage and of withdrawing meat prematurely should            referred to above, the time when a transaction is
 also be specified ;                                           carried out is considered as being the date on which
                                                               the event occurs, as defined by Community rules or,
Whereas Article 3 of Council Regulation (EEC) No                in the absence of and pending adoption of such rules,
 989/68 of 15 July 1968 laying down general rules for          by the rules of the Member State concerned, in which
                                                               the amount involved in the transaction becomes due
(>) OJ No L 148, 28. 6. 1968, p. 24.                           and payable ;
I2) OJ No L 61 , 5. 3. 1977, p. 1 .
 (3) OJ No 121 , 29. 7. 1964, p. 2012/64.                      (6) OJ No L 169, 18. 7. 1968, p. 10.
 («) OJ No L 172, 3. 7. 1975, p. 17.                           (') OJ No L 61 , 5. 3 . 1977, p. 17.
(5) OJ No L 180, 26. 7. 1968, p. 19.                           (») OJ No L 188, 1 . 8 . 1968 , p. 1 .
 ---pagebreak--- 27. 6. 78                         Official Journal of the European Communities                           No L 170/21
Whereas, in respect of private storage aid for beef, the      to in the Annex, provided that all the meat resulting
rate of exchange to be used for calculating the amount        from such boning or cutting operations is placed in
of this aid in national currency should be that              store .
obtaining at the time when the contract for private
storage aid is concluded ;                                    2. For the purposes of this Regulation, 100 kilo­
                                                             grams of unboned meat shall be equal to 70 kilograms
Whereas the measures provided for in this Regulation          of boned meat.
are in accordance with the opinion of the Manage­
ment Committee for Beef and Veal ,
                                                              3.     In the case of meat stored without cutting or
                                                              boning, if the quantity stored is less than the quantity
                                                              for which the contract was concluded and :
HAS ADOPTED THIS REGULATION :
                                                             (a) not less than 90 % of that quantity, the amount of
                       Article 1                                   private storage aid shall be reduced proportion­
                                                                   ally ;
1.    From 3 July 1978 until 31 July 1978 applica­
tions may be submitted for aid for the private storage       (b) less than 90 % of that quantity, private storage aid
of forequarters from adult bovine animals. The                     shall not be paid.
amounts of such aid per tonne, exclusive of pack­
aging, shall be as shown in the Annex hereto. If the          In the case of boned meat, the percentage indicated in
quantities for which contracts have been applied for          (a) and (b) and the lower percentage indicated in
or if the market situation makes it appropriate the           Article 4 (3) of Regulation (EEC) No 1071 /68 shall be
final date for the submission of applications may be          equal to 85 % .
changed.
2. The amount of aid shall be adjusted if the dura­           4.     No aid shall be granted in respect of any quan­
tion of storage is lengthened or shortened. The               tity placed in store in excess of the quantity for which
                                                            . the contract was concluded.
amount to be added per month or to be deducted per
day shall be as shown in columns 4 and 5 of the
Annex hereto.
                                                                                      Article 5
3 . Subject as provided in this Regulation, the rules
laid down in Regulation (EEC) No 1071 /68 shall                1 . The period of storage shall, at the request of the
apply.                                                        storer to be submitted when lodging his tender, be
                                                              either five or six months .
                       Article 2
                                                              2. No aid shall be payable unless all the meat
Private storage aid may be granted only in respect of
                                                              remains in store throughout the storage period.
meat produced in accordance with Article 3 ( 1 ) A (a)
to (e) of Council Directive 64/433/EEC.
                                                              3 . At the end of a storage period of two months,
                                                              the contractor may withdraw from store all or part of
                       Article 3
                                                              the meat for which he has contracted, provided that
                                                              not less than five tonnes is withdrawn and is, within
 1.   The minimum quantity per contract shall be 30
tonnes .                                                       10 working days of such withdrawal, exported from
                                                              the Community.
2. Storing must be completed within 40 days
following the conclusion of the contract and at the            In that event, the amount of the aid shall be reduced
latest on 1 September 1978 .                                   in accordance with Article 1 (2), the day of withdrawal
                                                               from store being regarded as the last day of storage.
The storage period shall begin on the day on which
storing is completed.
                                                              The contractor shall inform the intervention agency
3.    By way of derogation from Article 2 (2) of Regu­         not less two working days before beginning with­
lation (EEC) No 1071 /68 , private storage aid may be         drawal of the meat from store, indicating the products
granted only for products obtained from animals               and quantities which he intends to export.
slaughtered within the Community not more than 10
days previously.                                              4.      In the case of exportation in accordance with
                                                               paragraph 3, the contractor shall furnish proof that
                       Article 4                               the meat has left the geographical territory of the
                                                               Community or has been supplied as described in
 1.   The contractor may, before placing them in              Article 3 of Regulation (EEC) No 192/75. Such proof
store, cut and bone all or part of the products referred      shall be furnished as in the case of refunds .
 ---pagebreak--- No L 170 /22                              Official Journal of the European Communities                                         27. 6. 78
                          Article 6                                      that on which it is ascertained that the obligations
                                                                         under the contract have been fulfilled .
1.    The amount of the security shall be 100 units of
account per tonne .
2.    In cases of force majeure, the intervention                                                      Article 8
agency shall take such measures as it considers neces­
sary having regard to the circumstances invoked.                         The event within the meaning of Article 6 of Regula­
The intervention agency shall inform the Commission                      tion (EEC) No 1134/68 in which private storage aid
                                                                         becomes due and payable shall be considered as occur­
of each case of force majeure and of the action taken
in respect thereof.
                                                                         ring on the day of the conclusion of the contract.
                          Article 7
                                                                                                       Article 9
Aid shall be paid at the request of the person entitled
thereto and at the latest on the 15th day following                      This Regulation shall enter into force on 3 July 1978 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 22 June 1978 .
                                                                                      For the Commission
                                                                                       Finn GUNDELACH
                                                                                           Vice-President
                                                              ANNEX
                                                              Amount of aid, in u.a./tonne ,
                                                                                                     Amount in u.a ./ tonne
                                                                 for a storage period of
                     Products for which aid is granted
                                                                                                to be added     to be deducted
                                                               S months          6 months
                                                                                                 per month             per day
             Forequarters, fresh or chilled, from
             adult bovine animals                                345                370              25                 0.80