CELEX: 31975R1647
Language: en
Date: 1975-06-27 00:00:00
Title: Regulation (EEC) No 1647/75 of the Commission of 27 June 1975 laying down detailed rules for the granting of private storage aid for certain fishery products

No L 165/ 56                        Official Journal of the European Communities                               28 . 6. 75
                           REGULATION (EEC) No 1647/75 OF THE COMMISSION
                                                    of 27 June 1975
                laying down detailed rules for the granting of private storage aid for certain
                                                    fishery products
THE COMMISSION OF THE EUROPEAN                                                          Article 2
COMMUNITIES,
Having regard to the Treaty establishing the European          To qualify for private storage aid, a prospective recip­
Economic Community ;                                           ient must :
Having regard to Council Regulation (EEC) No
1 629/75 (') of 24 June 1975 introducing a temporary           (a) have concluded before 5 July 1975, with the
system of private storage aid for certain fishery                   competent authorities of the Member State in
products, and in particular Article 3 thereof ;                     which the product is stored, a contract by which
                                                                    he undertakes to fulfil, in respect of a quantity ofr
Whereas Regulation (EEC) No 1629/75 provides for                    at least 20 metric tons certain obligations
the granting of private storage aid to those producers,             concerning the preservation in coldstore of the
processors and wholesalers who, on 15 May 1975, held                products mentioned in Article 1 of Regulation
stores of frozen tunny, frozen cod fillets and frozen               (EEC) No 1629/75 ;
coalfish fillets of Community origin ;
                                                               (b) have complied in full with the obligations incum­
Whereas the operation of a system of aids can be facili­            bent upon him under the contract.
tated by the conclusion of a contract between the
party concerned and the competent authority in each
Member State ;
Whereas such contracts should specify the obligations                                   Article 3
on the storer, such obligation being designed to
ensure, in particular that the products in question are
properly preserved and that storage conditions are             1.     The contract referred to in Article 2 shall specify
                                                                inter alia :
effectively supervised ;
Whereas, in order to allow the goods to be removed             (a) the store in which the product is located ;
from store in a harmonized and orderly manner, enti­
tlement to aid should be acquired after relatively short       (b) the nature and quantity of the product ;
periods of storage ;
                                                               (c) the date on which the product was put into
Whereas provision should be made to enable the aid                  storage ;
to be paid in instalments ; whereas therefore, any
payment of an instalment should be made conditional            (d) the nature and the amount of the security referred
                                                                    to in Article 4 .
on equivalent security being furnished, so that any
instalments to which a recipient of aid is not entitled
may be recovered ;                                             2. The contract must impose the following obliga­
Whereas , to allow the Commission to assess the                tions on the prospective recipient of aid :
overall effectiveness of private storage aid, Member
States must furnish the Commission with the neces­             (a) that he shall hold the agreed quantity of the
sary information ;                                                  product in question in store on his own account
                                                                    and at his own risk ;
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­              (b) that he shall forward immediately to the said
ment Committee for Fishery Products,                                authority documentary proof in respect of the
                                                                    placing in store of the products concerned ;
HAS ADOPTED THIS REGULATION :                                  (c) that the products shall have been placed in store
                                                                    in easily identifiable lots ;
                         Article 1
                                                               (d) that he shall have and shall continue to use cold­
The granting of private storage aid as provided for in              stores in which the preservation temperature is at
Article 1 ( 1 ) of Regulation (EEC) No 1629/75 shall be             a constant level of 30 °C below zero or lower ;
subject to the following conditions.                                however a temperature of between 30 °C and at
                                                                    least 18 °C below zero may be used if the product
(') See page 14 ot this Othcial Journal .                           was taken into storage after 30 November 1974 ;
 ---pagebreak--- 28 . 6. 75                          Official Journal of the European Communities                        No L 165/57
(e) that he shall keep at the disposal of the competent       of an instalment exceed the amount as calculated in
     authority of the Member State a register                 accordance with paragraph 1 due on the date of
     containing the following information for each lot         payment.
     covered by a contract :
                                                               Except in cases of force majeure, if the obligations
     (aa) description and tonnage,
                                                              under the contract are not complied with, then the
     (bb) date of storage,
     (cc) location inside the store ;
                                                              security shall be forfeited and applied in satisfaction
                                                              of the instalments paid.
(f) that he shall allow the competent authorities of
     the Member State to verify compliance with these                                   Article 5
     obligations at any time ;
(g) that he shall ensure that on removal from storage          If, for reasons of force majeure the beneficiary finds it
     the product satisfies the requirements normally in        impossible to comply with the obligations imposed by
     force in each Member State as regards the                 the contract, the competent authority may take appro­
     marketing of products intended for human                  priate measures.
     consumption .
                                                                                        Article 6
                         Article 4
                                                               1.     Member States shall forward to the Commission
 1.    The amount of the aid for each storage period           a model of the contract mentioned in Article 3 .
shall be as follows :
                                                               2. Member States shall take all necessary steps to
— for the period 15 May to 4 July 1975, 20 units of            check compliance with the contracts concluded.
     account per metric ton ;
— for each period between 5 July and 14 August                 3.     Member States shall give the Commission notice
      1975, five units of account per metric ton ;             before 15 July 1975, by telex, of the products and
— for each period between 15 August and 15                     quantities for which contracts have been concluded.
     October 1975, four units of account per metric            4.     Member States shall inform the Commission
     ton .
                                                               each month of any changes in the products and quan­
                                                               tities stored .
The periods referred to in the second and third indent
shall expire on the fifth, fifteenth and twenty-fifth day
of each month .                                                                         Article 7
2. The aid may be paid in instalments. An instal­              This Regulation shall enter into force on the day
ment may be paid only if the recipient gives security          following its publication in the Official Journal of
in an equivalent amount. In no case may the amount             the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels, 27 June 1975.
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                     Member of the Commission