CELEX: 31985R2225
Language: en
Date: 1985-08-03 00:00:00
Title: Commission Regulation (EEC) No 2225/85 of 2 August 1985 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters from adult male bovine animals

3 . 8 . 85                            Official Journal of the European Communities                        No L 205/25
                                    COMMISSION REGULATION (EEC) No 2225/85
                                                      of 2 August 1985
                 providing for the grant of private storage aid fixed at a standard rate in advance
                 in respect of carcases, half-carcases, hindquarters and forequarters from adult
                                                     male bovine animals
  THE COMMISSION OF THE EUROPEAN                                  months ; whereas, in order to improve the efficiency of
  COMMUNITIES,                                                    the scheme, provisions should be laid down enabling
                                                                  the applicants to benefit from an advance payment of
  Having regard to the Treaty establishing the European           the aid subject to a security ;
  Economic Community,
  Having regard to Council Regulation (EEC) No 805/68             Whereas, in view of the exceptional circumstances in
  of 27 June 1968 on the common organization of the               the beef market and in order to encourage operators to
  market in beef and veal ('), as last amended by the Act         make use of private storage it should be provided that,
  of Accession of Greece, and in particular Articles 6 (5)        for a limited period, products under a private storage
  (b) and 8 (2) thereof,                                          contract should be able at the same time to be placed
                                                                  under the system laid down in Article 5 ( 1 ) of Regul­
  Whereas, in view of the serious difficulties on the             ation (EEC) No 565/80 of 4 March 1980 on the
  market in beef owing to the extraordinary slaugh­               advance payment of export refunds in respect of agri­
  terings of adult bovine animals, private storage aid            cultural products (8) ; whereas, in view of the contrac­
  should be granted in respect of such animals.                   tual storage periods it is necessary to derogate from
                                                                  Article 11 (2)'of Regulation (EEC) No 798/80 of 31
  Whereas the provisions of Commission Regulation                 March 1980 laying down general rules on the advance
  (EEC) No 1091 /80 (2), as last amended by Regulation            payment of export refunds and positive monetary
  (EEC) No 2826/82 (3), should be followed in respect of          compensatory amounts in respect of agricultural
  the grant of private storage aid for beef ;                     products (9), as last amended by Regulation (EEC) No
                                                                  1663/81 (!0), as to the period during which the
  Whereas provisions should be made to ensure that                products may stay under the system laid down in
  the animals involved be slaughtered exclusively in              Regulation (EEC) No 565/80 ;
  slaughterhouses which are approved and supervised in
  accordance with the provisions of Council Directive
  64/433/EEC (4), as last amended by Directive                    Whereas provision should be made for the possibility
  83/90/EEC 0 ;                                                   of reducing the storage period where meat removed
                                                                  from storage is intended for export ; whereas proof that
  Whereas Article 3 of Council Regulation (EEC) No                the meat has been exported must be supplied as in the
  989/68 (®), as amended by Regulation (EEC) No                   case of refunds, in accordance with Commission Regu­
  428/77 f), provides that, if the market situation so            lation (EEC) No 2730/79 (n), as last amended by Regu­
  requires, the period of storage may be curtailed or             lation (EEC) No 568/85 (12) ; whereas, except in cases
  extended ; whereas it is therefore appropriate that, in         where the stored products are put under a system
  addition to the amounts of aid granted for a specific           requiring export in their totality, it is appropriate to
  storage period, amounts to be added or reduced in the           provide that, subject to certain conditions, a limited
  event of that period being extended or curtailed                quantity may be withdrawn from store without subse­
  should also be fixed ;                                          quent export ; whereas provisions should be made for
                                                                  the calculation of aid and the release of security where
  Whereas, in order to prevent the financing of normal            the storer has not respected certain obligations ;
  private storage, it appears desirable to fix high
  minimum quantities ;
                                                                  Whereas, for the purposes of the necessary controls,
  Whereas, foreseeable market conditions make it neces­           Member States shall take measures to ensure that the
  sary to provide for storage periods between 9 and 12            products being stored can be identified as originating
                                                                  from male bovine animals ;
  (') OJ   No L 148, 28. 6. 1968, p. 24.
  (2) OJ   No L 114, 3. 5. 1980, p. 18.
, 0   OJ   No L 297, 23. 10. 1982, p. 18 .                        (8) OJ No L 62, 4. 3 . 1980, p. 5.
  o   OJ   No 121 , 29. 7. 1964, p. 2012/64.                      0 OJ   No L 87, 31 . 3 . 1980, p. 42.
  0   OJ   No L 59, 5. 3. 1983, p. 10.                            H OJ    No L 166, 24. 6 . 1981 , p. 9 .
  («) OJ   No L 169, 18 . 7. 1968, p. 10.                         (") OJ  No L 317, 12. 12. 1979, p. 1 .
  0   OJ   No L 61 , 5. 3. 1977, p. 17.                            12 OJ  No L 65, 6. 3 . 1985, p. 5.
 ---pagebreak---  No L 205/26                         Official Journal of the European Communities                                  3 . 8 . 85
 Whereas, in order for the Commission to closely                         grams ; it is cut straight to the hip bone and
 monitor the effect of the private storage scheme,                       then parallel to the fillet so that this is practi­
 Member States shall communicate the necessary infor­                    cally free from attached parts of the flank ; or
 mation ;
                                                                    (b) the rear part of the half-carcase cut in the
                                                                         manner known as 'straight' with a minimum of
 Whereas the Management Committee for Beef and                          three ribs and a maximum of five ribs and with
 Veal has not delivered an opinion within the time                      a minimum average weight of 55 kilograms.
 limit set by its chairman,
                                                               — the forequarter shall mean :
                                                                    (a) the front part of the half-carcase cut, in the
 HAS ADOPTED THIS REGULATION :                                          manner known as 'pistola' with a minimum of
                                                                        five ribs and a maximum of eight ribs and with
                                                                        a minimum average weight of 55 kilograms,
                          Article 1                                     the flank being attached to the forequarter ; or
                                                                    (b) the front part of the half-carcase and in a
 1 . Applications may be submitted between 5 August                     manner known as 'straight' with a minimum of
and 22 November 1985 for aid for the private storage                    eight ribs and a maximum of 10 ribs and with
of one of the presentations of adult male bovine                        a minimum average weight of 55 kilograms.
animals defined in Article 2 (2).
                                                               3. Carcases and half-carcases shall be presented in
The amounts of this aid, by tonne of product, bone­            accordance with point 2 (a) and (b) of Annex II to
in, are fixed in the Annex hereto for each for these           Regulation (EEC) No 2226/78 (').
presentations pursuant to Article 6 ( 1 ) of Regulation
(EEC) No 1091 /80.
                                                                                          Article 3
If the quantities in respect of which contracts have
been applied for or the market situation make it
advisable, the deadline for the submission of applica­         1 . The minimum quantity per contract shall be 20
tions may be changed.                                          tonnes expressed as bone-in meat.
2. The amount of aid shall be adjusted if the period           2. The contract may only cover unboned meat of
of storage is extended or reduced. The supplements             one of the presentations referred to in Article 2 (2).
per month and deductions per day for each of the
presentations referred to in Article 2 (2) are fixed in        3. Placing in storage must be carried out within 28
the Annex hereto .                                             days of the date of conclusion of the contract.
3. Subject to the provisions of this Regulation, the
provisions of Regulation (EEC) No 1091 /80 shall                                          Article 4
apply.
                                                               1 . Subject to the provisions laid down in paragraph
                          Article 2                            2, the contractor may, before placing into store, cut or
                                                               bone all or part of the products referred to in Article 2
                                                               (2), provided that only the quantity for which the
1 . Only meat produced in accordance with the                  contract has been concluded is employed and that all
provisions of Article 3 ( 1A) (a) to (e) of Council Direc­     the meat resulting from such operations is placed in
tive 64/433/EEC shall be eligible for private storage          store .
aid.
2.     For the purposes of this Regulation :                   2. If the quantity stored unboned, or, if cut or
                                                               boned, the quantity of unboned meat employed, is less
— the carcase shall have a minimum average weight              than the quantity for which the contract was
     of 220 kilograms,                                         concluded and :
— the half-carcase shall have a minimum average                (a) not less than 90 % of that quantity, the amount of
     weight of 110 kilograms,                                       aid referred to in the second subparagraph of
— the hindquarter shall mean :                                      Article 1 ( 1 ) shall be reduced proportionally ;
     (a) the rear part of the half-carcase cut in the          (b) less than 90 % of that quantity, private storage aid
          manner known as 'pistola' with a minimum of               shall not be paid.
          five cut ribs and a maximum of eight ribs and
          with minimum average weight of 55 kilo­              (') OJ No L 261 , 26. 9 . 1978 , p. 5.
 ---pagebreak---  3 . 8 . 85                           Official Journal of the European Communities                           No L 205/27
 3. In the case of boning :                                     placed under the system laid down in Article 5 (1 ) of
 (a) if the quantity placed in a store does not exceed 69       Regulation (EEC) No 565/80 .
      kilograms of boned meat per 100 kilograms of              2. In this case, by way of derogation from Article 1 1
      unboned meat employed, private storage aid shall          (2) of Regulation (EEC) No 798/80, the period referred
      not be payable ;                                          to in that Article shall be 12 months.
 (b) if the quantity placed in store exceeds 69 kilo­
      grams but is lower than 77 kilograms of boned             3 . For the purposes of paragraph 1 , where a private
      meat per 100 kilograms of unboned meat                    storage contract is concluded for a quantity which
      employed, the aid referred to in the second sub­          consists of several lots which are placed in storage on
      paragraph of Article 1 (1 ) shall be reduced propor­      different dates, each of the said lots may , be the subject
      tionally.                                                 of a separate payment declaration. A payment declara­
                                                                tion, as referred to in Article 2 of Regulation (EEC) No
 4. No aid shall be granted :                                   798/80, shall be submitted for each lot on the day of
(a) for quantities placed in store unboned, or in case of       its entry into storage.
      cuting or boning, for quantities of unboned meat
      employed, in excess of quantities for which the           'Lot' shall be taken to mean a quantity which is placed
      contract was concluded ; and                              in storage on a given day.
(b) in case of boning, for quantities in excess of 77
      kilograms of boned meat per 100 kilograms of                                       Article 7
      unboned meat employed.
                                                                1 . On the expiry of a storage period of two months,
                          Article 5                             stored meat under a contract may be fully for partly
                                                                withdrawn from store, subject to a minimum quantity,
 1.     The period of storage shall be either 9, 10, 11 or      provided that within 60 days following its removal
 1 2 months, at the storer's option ; the storer shall state    from storage :
his preference at the time of submitting the applica­
tion referred to in the first subparagraph of Article 1         — the meat has left the Community's territory within
(!)•                                                                the meaning of Article 9 (2) of Regulation No
                                                                    2730/79,
2. After three months of contractual storage a single               or
advance payment of the aid may be made, at storer's
request, on condition that he lodges a security equal to        — the meat has reached its destination in the cases
the advance payment plus 20 % .                                     referred to in Article 5 ( 1 ) of Regulation (EEC) No
                                                                    2730/79,
The advance payment of the aid shall not exceed the                 or
amount of aid corresponding to the contracted storage
period. Where quantities under contract are exported            — the meat has been placed in a victualling ware­
in accordance with Article 7 prior to the advance                   house approved pursuant to Article 26 of Regula­
payment the actual storage period for those quantities              tion (EEC) No 2730/79 .
shall be taken into account when calculating the                2. The minimum quantity shall be 10 tonnes of
amount of advance payment.
                                                                product weight. However, where the remaining stored
The advance payment of the aid shall be concerted               quantity under the contract is less than 10 tonnes of
into national currency by applying the representative           product weight, one further withdrawal operation for
rate in force on the day of conclusion of the storage           export of the remaining quantity or part thereof shall
contract.                                                       be permitted.
3.      The security referred to in the first subparagraph      Where the withdrawal conditions referred to in the
of paragraph 2 shall be lodged at the applicant's               preceding subparagraph are not complied with :
choice either in cash or in the form of a guarantee
given by an establishment satisfying criteria fixed by          — the amount of aid for the quantity withdrawn shall
the Member State in which the security is lodged.                   be calculated in accordance with Article 8 (1 ),
                                                                    but
4. Without prejudice to Article 8 (2) the security
referred to in the first subparagraph of paragraph 2            — 15 % of the security referred to in Article 9 shall
shall immediately be released when :                                be declared forfeit in respect of the quantity with­
                                                                    drawn .
(a) final entitlement to the sum granted as advance has
     been established ; or                                      3 . If the 60 days period is not complied with, the
(b) the sum granted, plus 20 % , has been repaid.               amount of aid for the quantity concerned, calculated
                                                                in accordance with Article 8 ( 1 ), shall be reduced :
                          Article 6
                                                                — by 15 % ,
                                                                    and
1 . By way of derogation from Article 2 (4) of Regu­
lation (EEC) No 1091 /80 products being stored under            — by a further 5 % per day exceeding the 60 days
a private storage contract may simultaneously be                    period.
 ---pagebreak--- No L 205/28                         Official Journal of the European Communities                                 3 . 8 . 85
Moreover, 1 5 % of the security referred to in Article 9       Article 1 (2), the first day of removal from storage not
and a further 5 % per day exceeding the 60-day                 being included in the period of storage under contract.
period, shall be declared forfeit in respect of the quan­
tity concerned.                                                2. Where application has been made of Article 5 (2)
                                                               prior to the application of Article 7, an amount equal
4. If, prior to the end of the contracted storage              to the difference between the advance payment of aid
period, a minimum of 90 % of the meat placed in                and the amount of aid calculated by applying para­
store under a contract has been exported in the sense          graph 1 and Article 7, shall immediately be recouped
of paragraph 1 , the balance may be withdrawn from             from the storer.
store prior to the end of the contracted storage period,
If withdrawn :
                                                               The security referred to in Article 5 (2) shall be
— aid shall only be paid for the quantity having been          released pro rata to the amount recouped.
    exported,
    and
                                                                                        Article 9
— the security referred to in Article 9 shall be
    released only in respect of the quantity having            The amount of the security referred to in Article 4 (2)
    been exported.                                             of Regulation (EEC) No 1091 /80 shall be :
5. For the purposes of the preceding paragraphs                — 115 ECU per tonne in respect of contracts
proof shall be furnished as in the case of refunds.                covering carcases or half-carcases,
6. The storer shall inform the intervention agency           . — 150 ECU per tonne in respect of contracts
at least two working days before the commencement                  covering hindquarters,
of withdrawal operations, stating the quantities he            — 85 ECU per tonne in respect of contracts covering
intends to withdraw.                                               forequarters.
Where the two-days' obligation is not complied with
but where sufficient evidence as to the date of with­
                                                                                        Article 10
drawal from store and the quantities concerned has
been furnished with the competent authority :                  Member States shall take the necessary measures to
— the amount of aid shall be calculated in accordance          ensure identification of the products specified in the
    with Article 8 ( 1 ), but                                  Annex, either by means of an indelible mark or by an
— 1 5 % of the security referred to in Article 9 shall         individual seal on each presentation of the adult male
                                                               bovine animal concerned.
    be declared forfeit in respect of the quantity
    concerned.
For all other cases where the two-days' obligation is                                   Article 11
not complied with :
                                                               Member States shall communicate by telex to the
— no aid shall be paid under the contract concerned,           Commission before Thursday of each week the results
    and
                                                               of the application of Articles 5 (2), 6 (1 ) and 7 of this
— the security referred to in Article 9 shall be               Regulation .
    declared forfeit in full in respect of the contract
    concerned.
                                                                                        Article 12
                         Article 8
                                                               This Regulation shall enter into force on the day of its
1.    Where application has been made of Article 7,            publication in the Official Journal of the European
the amount of aid shall be reduced, in accordance with         Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 2 August 1985.
                                                                        For the Commission
                                                                     Henning CHRISTOPHERSEN
                                                                             Vice-President
 ---pagebreak--- 3 . 8 . 85                           Official Journal of the European Communities                         No L 205/29
                                                          ANNEX
                Carcases, half-carcases, hindquarters and forequarters from adult male bovine animals
                                         identified in accordance with Article 10
                                                        Amount of aid in ECU/tonne                    Amount in
           Products in respect of                           for a storage period of                   ECU/tonne
             which aid is granted
                                                                                              to be added  to be deducted
                                             9 months     10 months       11 months 12 months
                                                                                               per month       per day
(a) Fresh or chilled carcases or half­
    carcases                                    576           594             612      630         35           0,65
(b) Fresh or chilled hindquarters cut in
    the manner known as 'pistola'               738           756             774      792         40           0,74
(c) Fresh or chilled hindquarters cut in
    the manner known as 'straight'              725           743             761      779         40           0,74
(d) Fresh or chilled forequarters cut in
    the manner known as 'pistola'              414            432             450      468         30           0,55
(e) Fresh or chilled forequarters cut in
    the manner known as 'straight'             428           446              464      482         30           0,55