CELEX: 31989R2965
Language: en
Date: 1989-09-30 00:00:00
Title: Commission Regulation (EEC) No 2965/89 of 29 September 1989 providing for the grant of private storage aid fixed at a standard rate in advance in respect of carcases, half-carcases, hindquarters and forequarters of adult male bovine animals

30 . 9 . 89                               Official Journal of the European Communities                              No L 281 / 103
                                      COMMISSION REGULATION (EEC) No 2965/89
                                                      of 29 September 1989
                   providing for the grant of private storage aid fixed at a standard rate in advance
                   in respect of carcases, half-carcases, hindquarters and forequarters of adult male
                                                           bovine animals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          applicants to benefit from an advance payment of the aid
                                                                     subject to a security ;
Having regard to the Treaty establishing the European
Economic Community,                                                  Whereas, in order to increase the effects on the market, it
                                                                     should be provided that chairman, products under a
Having regard to Council Regulation (EEC) No 805/68 of               private storage contract should be able at the same time to
27 June 1968 on the common organization of the market                be placed under the system laid down in Article 5 ( 1 ) of
in beef and veal ('), as last amended by Regulation (EEC)            Council Regulation (EEC) No 565/80 of 4 March 1980 on
No 571 /89 (2), and in particular Articles 5 ( 1 ) and (2) and 8     the advance payment of export refunds in respect of
(2) thereof,                                                         agricultural products (*), as amended by Regulation (EEC)
                                                                     No 2026/83 (»);
Whereas, in view of the difficulties on the market in beef
owing to increased slaughterings of adult male bovine                Whereas, in view of the contractual storage periods it is
animals, private storage aid should be granted in respect            necessary to derogate from Article 28 (5) of Commission
of such animals ;                                                    Regulation (EEC) No 3665/87 (l0), as last amended by
                                                                     Regulation (EEC) No 3993/88 ("), as to the period during
                                                                     which the products may remain under the system laid
Whereas the provisions of Commission Regulation (EEC)                down in Regulation (EEC) No 565/80 ;
No 1091 /80 (3), as last amended by Regulation (EEC) No
3492/88 (4), should be followed in respect of the grant of
private storage aid for beef ;                                       Whereas provision should be made for the possibility of
                                                                     reducing the storage period where meat removed from
                                                                     storage is intended for export ; whereas proof that the
Whereas provision should be made to ensure that the                  meat has been exported must be supplied as in the case of
animals involved are slaughtered exclusively in slaughter­           refunds, in accordance with Regulation (EEC) No
houses which are approved and supervised in accordance               3665/87 ; whereas, except in cases where the stored
with the provisions of Council Directive 64/433/EEC (*),             products are put under a system requiring export in their
as last amended by Directive 88/657/EEC (6) ;                        totality, it is appropriate to provide that, subject to certain
                                                                     conditions, a limited quantity may be withdrawn from
                                                                     store without subsequent export ; whereas provision
Whereas Article 3 of Council Regulation (EEC) No                     should be made for the calculation of aid and the release
989/68 f) provides that, if the market situation so
                                                                     of the security where the storer has not fulfilled certain
requires, the period of storage may be curtailed or                  obligations ;
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                Whereas appropriate control measures should be adopted
event of that period being extended or curtailed should              to ensure that the aid is granted on a correct basis ;
also be fixed ;                                                      whereas, in this context it should in particular be laid
                                                                     down that Member States should carry out controls which
Whereas, in order to prevent the financing of normal                 are adapted to the various stages of the storage
private storage, it appears desirable to fix high minimum            operations ;
quantities ;
                                                                     Whereas, in order for the Commission to monitor closely
Whereas foreseeable market conditions make it necessary              the effect of the private storage scheme, Member States
to provide for storage periods of between four and six               are to forward the necessary information ;
months ; whereas, in order to improve the efficiency of
the scheme, provisions should be laid down enabling the
                                                                     Whereas the Management Committee for Beef and Veal
                                                                     has not delivered an opinion within the time limit laid
(') OJ   No L 148, 28. 6. 1968, p. 24.                               down by its chairman,
0   OJ   No L 61 , 4. 3. 1989, p. 43.
 3) OJ   No L 114, 3. 5. 1980, p. 18.
(«) OJ   No L 306, 11 . 11 . 1988, p. 20.                            («) OJ No L 62, 7. 3. 1980, p. 5.
n   OJ   No 121 , 29. 7. 1964, p. 2012/64.                           n OJ No L 199, 22. 7. 1983, p. 12.
(«) OJ   No L 382, 31 . 12. 1988, p. 3.                              (10) OJ No L 351 , 14. 12. 1987, p. 1 .
0   OJ   No L 169, 18. 7. 1968, p. 10.                               (") OJ No L 354, 22. 12. 1988, p. 22.
 ---pagebreak--- No L 281 / 104                          Official Journal of the European Communities                                  30 . 9 . 89
HAS ADOPTED THIS REGULATION :                                          (b) the rear part of the half-carcase cut in the manner
                                                                           known as 'straight' with a minimum of three ribs
                                                                           and a maximum of five ribs and with a minimum
                           Article 1
                                                                           average weight of 55 kilograms,
                                                                  — 'forequarter' means :
1 . Applications may be submitted between 2 and 28                     (a) the front part of the half-carcase cut, in the
October 1989 for aid for the private storage of one of the                 manner known as 'pistola' with a minimum of five
presentations of adult male bovine animals defined in
Article 2.                                                                 ribs and a maximum of eight ribs and with a
                                                                           minimum average weight of 55 kilograms, the
                                                                           flank being attached to the forequarter ; or
The amounts of this aid, by tonne of products, bone-in,
shall be as fixed in the Annex hereto for each of these                (b) the front part of the half-carcase and in a manner
presentations, pursuant to Article 6 ( 1 ) of Regulation                   known as 'straight' with a minimum of eight ribs
                                                                           and a maximum of 10 ribs and with a minimum
(EEC) No 1091 /80.
                                                                           average weight of 55 kilograms.
If the quantities in respect of which contracts have been
applied for or the market situation make it advisable, the        4. Carcases and half-carcases shall be presented in
deadline for the submission of applications may be                accordance with point 2 (a) and (b) of Annex III to
changed.                                                          Regulation (EEC) No 859/89.
2. The aid shall be adjusted if the period of storage is
extended or reduced. The supplements and deductions                                          Article 3
per day for each of the presentations referred to in Article
2 shall be as fixed in the Annex hereto.
                                                                   1 . The minimum quantity per contract shall be 15
                                                                  tonnes expressed as bone-in meat.
3 . Subject to the provisions of this Regulation, the
provisions of Regulation (EEC) No 1091 /80 shall apply.           2» The contract may only cover unboned meat of one
                                                                  of the presentations listed in the Annex.
                           Article 2                              3.     Placing in storage must be carried out within 28
                                                                  days of the date of conclusion of the contract.
1 . Only meat produced in accordance with the
provisions of Article 3 ( la) (a) to (e) of Directive             4.     The security shall be forfeit if the application for a
64/433/EEC shall be eligible for private storage aid.             contract is withdrawn.
2. Private storage can only be granted for meat
classified in accordance with the Community scale for the                                    Article 4
classification of carcases laid down in Council Regulation
(EEC) No 1208/81 (') and identified in accordance with
                                                                   1 , Subject to the provisions of paragraph 2, contractors
Article 4 (3) (d) and (e) of Commission Regulation (EEC)
No 859/89 (2).
                                                                  may, during the storage entry period, cut or bone all or
                                                                  part of the products referred to in Article 2, provided that
                                                                  only the quantity for which the contract has been
3.     For the purposes of this Regulation :                      concluded is employed and that all the meat resulting
                                                                  from such operations is placed in store. Intention to make
— carcases shall have a minimum average weight of 220             use of this facility shall be notified not later than the date
     kilograms,                                                   of placing in storage.
— half-carcases shall have a minimum average weight of
     110 kilograms,                                               2. If the quantity actually stored unboned, or, if cut or
                                                                  boned, the quantity of unboned meat employed, is less
— 'hindquarter' means :                                           than the quantity for which the contract was concluded
                                                                  and :
     (a) the rear part of the half-carcase cut in the manner
         known as 'pistola' with a minimum of five cut ribs       (a) not less than 90 % of that quantity, the amount of aid
         and a maximum of eight ribs and with a                        referred to in Article 1 ( 1 ) shall be reduced propor­
         minimum average weight of 55 kilograms ; it is                tionally ;
         cut straight to the hip bone and then parallel to
         the fillet so that this is practically free from         (b) less than 90 % but more than or equal to 80 % of
         attached parts of the flank ; or                              that quantity, half of the private storage aid shall be
                                                                       paid for the quantity actually stored ;
(') OJ No L 123, 7 . 5. 1981 , p . 3.                             (c) less than 80 % of this quantity, private storage aid
(2) OJ No L 91 , 4. 4. 1989, p. 5.                                     shall not be paid.
 ---pagebreak--- 30. 9. 89                             Official Journal of the European Communities                          No L 281 / 105
3.    In the case of boning :                                   2. In this case, by way of derogation from Article 28 (5)
                                                                of Regulation (EEC) No 3665/87 the period referred to in
(a) if the quantity actually stored does not exceed 67          that Article shall be seven months.
    kilograms of boned meat per 100 kilograms of
    unboned meat employed, private storage aid shall not        3. For the purposes of the second subparagraph of
    be payable ;                                                paragraph 1 , where a private storage contract is concluded
(b) if the quantity actually stored exceeds 67 kilograms        for a quantity which consists of several lots which are
    but is lower than 75 kilograms of boned meat per 100        placed in storage on different dates, each of the said lots
    kilograms of unboned meat employed, the aid referred        may be the subject of a separate payment declaration. A
    to in Article 1 ( 1 ) shall be reduced proportionally.      payment declaration, as referred to in Article 25 of
                                                                Regulation (EEC) No 3665/87 shall be submitted for each
4. Large tendons, cartilage, pieces of fat and other            lot on the day of its entry into storage.
scraps left over from cutting for boning may not be
stored.                                                         'Lot' means a quantity which is placed in storage on a
                                                                given day.
5.    No aid shall be granted :
(a) for quantities stored unboned or, in case of cutting or                              Article 7
    boning, for quantities of unboned meat employed in
    excess of quantities for which the contract was
    concluded ; and                                             1.    After two months of storage under contract, meat
                                                                may be fully or partly withdrawn from store, subject to a
(b) in case of boning, for quantities in excess of 75           minimum quantity, provided that, within 60 days
    kilograms of boned meat per 100 kilograms of                following its removal from store, it :
    unboned meat employed.
                                                                — has left the territory of the Community,
                                                                    or
                          Article 5
                                                                — has reached its destination in the cases referred to in
                                                                    Article 34 (1 ) of Regulation (EEC) No 3665/87,
1.    The actual storage period shall be chosen by the
                                                                    or
storer, but may not be less than four months nor exceed
six months. If the storage period exceeds four months the       — has been placed in a victualling warehouse approved
aid shall be increased in accordance with Article 1 (2).            pursuant to Article 38 of Regulation (EEC) No
                                                                    3665/87.
2. After three months of storage under contract, a
single advance on the aid may be paid, at the storer's          2. If the 60-day period is not complied with, the
request, on condition that he lodges a security equal to        amount of aid for the quantity concerned, calculated in
the advance payment plus 20 % .                                 accordance with Article 8 shall be reduced :
The advance on the aid shall not exceed the amount of           — by 15 %,
aid corresponding to a storage period of three months.              plus
Where quantities under contract are exported in
accordance with Article 7 prior to the payment of the           — a further 5 % per day exceeding the 60-day period.
advance the actual storage period for those quantities shall
be taken into account when calculating the amount of            Moreover 15% of the security referred to in Article 10
advance.                                                        and a further 5 % per day exceeding the sixty-day period
                                                                shall be forfeit in respect of the quantity concerned.
The advance on the aid shall be converted into national
currency by applying the representative rate in force on        3. If, prior to the end of the minimum storage period,
the day of conclusion of the storage contract.                  a minimum of 90 % of the meat actually stored under a
                                                                contract has been exported within the meaning of
                                                                paragraph 1 , the balance may be withdrawn from store
                          Article 6
                                                                prior to the end of the minimum storage period.
                                                                In that case :
1 . By way of derogation from Article            2 (4) of
Regulation (EEC) No 1091 /80, products to        be stored      — aid shall only be paid for the quantity exported,
under a private storage contract may be placed   under the          and
system laid down in Article 5 (1 ) of Regulation (EEC) No
565/80 .                                                        — the security referred to in Article 10 shall be released
                                                                    only in respect of the quantity exported.
Member States may require that the two operations
referred to in the first subparagraph shall commence            4.    For the purposes of the preceding paragraphs, proof
simultaneously.                                                 shall be furnished as in the case of refunds.
                                                                                                                    /
 ---pagebreak--- No L 281 / 106                          Official journal of the European Communities                                30. 9 . 89
                           Article 8                                                         Article 10
1 . Where Article 7 is applied, the aid shall be reduced,         The amount of the security referred to in Article 4 (2) of
in accordance with Article 1 (2).                                 Regulation (EEC) No 1091 /80 shall be :
                                                                  — ECU 100 per tonne in respect of contracts covering
2.     The storage period shall terminate on the day                    carcases or half-carcases,
before :
                                                                  — ECU 130 per tonne in respect of contracts covering
— the first day of removal from storage, or                             carcases or half-carcases,
— the day of acceptance of the export declaration, if the         — ECU 75 per tonne in respect of contracts covering
    meat has not been moved.                                            carcases or half-carcases
3. Article 3 (4) of Council Regulation (EEC, Euratom)                                        Article 11
No 1182/71 (') shall not apply as regards the calculation
of the storage period.                                             Except in cases of force majeure the application for
                                                                   payment of the aid and the supporting documents must
                                                                   be lodged with the competent authority within six
                           Article 9                               months of the end of the contractual storage period. If it
                                                                   has not been possible to produce them on time although
1 . The minimum quantity for each removal is fixed at              the applicant has acted promptly to obtain them, an extra
5 tonnes of product weight per store and per contractor.           period of time for their production may be granted.
However, where the quantity left in a store is less than          Where Article 7 is applied the necessary proof must be
this quantity, one further withdrawal operation of the             produced within the time limits specified in Article 47
remaining quantity or part thereof shall be permitted.            (2), (4), (6) and (7) of Regulation (EEC) No 3665/87.
Where the withdrawal conditions referred to in the
                                                                                             Article 12
preceding subparagraph are not complied with :
— the amount of aid for the quantity withdrawn shall be            1.     The Member States shall ensure that the conditions
    calculated in accordance with Article 5 ( 1 ) or Article 8,   granting entitlement to payment of the aid are fulfilled.
     and
                                                                   2.     The contractor shall make available to the national
— 15 % of the security referred to in Article 10 shall be          authorities responsible for verifying execution of the
     forfeit in respect of the quantity withdrawn.                 measure any documentation permitting in particular the
                                                                   following particulars of products placed in private storage
2.     The storer shall inform the intervention agency in          to be veriefied :
good time before the commencement of withdrawal
operations, stating the quantities he intends to withdraw.         (a) owership at the time of entry into storage ;
                                                                   (b) Community origin ;
The intervention agency may require that this notification         (c) the date of slaughther of the animals, the weight and
be made at most two working days before commen­                         quantity ;
cement of operations.
                                                                   (d) the date of entry into storage ;
Where this requirements is not complied with but where             (e) presence in the store ;
sufficient evidence has been furnished, to the satisfaction        (f) the date of removal from storage.
of the competent authority, as to the date of withdrawal
from store and the quantities concerned                            3. The contractor or, where applicable, the operator of
— the amount of aid shall be calculated in accordance              the store shall keep stock accounts available at the store,
     with Article 5 ( 1 ) or Article 8,                            covering :
     and                                                           (a.) identification, by contract number, of the products
— 15 % of the security referred to in Article 10 shall be               placed in private storage ;
     forfeit in respect of the quantity concerned.                 (b) the dates of entry into and removal from storage ;
                                                                   (c) the number of prepackaged items, the weight and
In all other cases where that requirement is not complied               designation of the products ;
with :
                                                                   (d) the location of the products in the store.
— no aid shall be paid under the contract concerned,
                                                                   4. Products stored must be easily identifiable and must
     and
                                                                   be identified individually by contract. Each prepacked
— the whole of the security referred to in Article 10 shall        item and, where applicable, each pallet must be labelled
     be forfeit in respect of the contract concerned.              so that the contract number, the description of the
                                                                   product and the weight ; date of entry into storage shall
(') OJ No L 124, 8 . 6. 1971 , p. 1 .                              be shown by lot in storage.
 ---pagebreak--- 30. 9 . 89                              Official Journal of the European Communities                         No L 281 / 107
5. On entry into storage, the intervention agencies               — the date of the check,
shall conduct checks in particular to ensure that products        — its duration,
stored are eligible for the aid and to prevent any                — the operations conducted.
possibility of substitution of products during storage
under contract.                                                   The report on checks must be signed by the official
                                                                  responsible and countersigned by the contractor or, where
6.    The national authorities responsible for controls           applicable, by the store operator.
shall undertake :
                                                                  8. In the case of irregularities affecting at least 5 % of
(a) for each contract, a check on the compliance with all         the quantities of products subject to the checks the latter
    the obligations in Article 3 (2) of Regulation (EEC) No       shall be extended to a larger sample to be determined by
    1091 /80 ;                                                    the intervention agency.
(b) an unannounced check to see that the products are
    present in the store. The sample concerned must be            The Member States shall notify such cases to the
                                                                  Commission within four weeks.
    representative and must correspond to at least 10 % of
    the overall quantity under contract for a private
                                                                                          Article 13
    storage aid measure. Such checks must include, in
    addition to an examination of the accounts referred to
                                                                  Member States shall communicate by telex to the
    in paragraph 3, a physical check of the weight and            Commission before Thursday of each week the results of
    type of product and their identification. Such physical       the application of Articles 5 (2), 6 (1 ) and 7 of this
    checks must relate to at least 5 % of the quantity            Regulation.
    subject to the unannounced check ;
(c) a check to see that the products are present at the end                               Article 14
    of the storage period under contract.
                                                                  This Regulation shall enter into force on the day of its
7. Checks conducted pursuant to paragraphs 5 and 6                publication in the Official Journal of the European
must be the subject of a report stating :                          Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 September 1989.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
 ---pagebreak--- No L 281 / 108                          Official Journal of the European Communities                      30 . 9 . 89
                                                            ANNEX
              Aid for carcases, half-carcases, hindquarters and forequarters of adult male bovine animals
                                                                    Amount of aid            Amount
                                                                      ECU/tonne           in ECU/tonne
                            Products in respect of               for a storage period    to be deducted
                             which aid is granted                   of four months      or added per day
            (a) Fresh or chilled carcases or half-carcases                400                  1,0
            (b) Fresh or chilled hindquarters cut in the
                manner known as 'pistola'                                 520                  1,0
            (c) Fresh or chilled hindquarters cut in the
                manner known as 'straight'                                510                  1,0
            (d) Fresh or chilled forequarters cut in the
                manner known as 'pistola'                                 280                  0,9
            (e) Fresh or - chilled forequarters cut in the
                manner known as 'straight'                                290                  0.9