CELEX: 31987R2437
Language: en
Date: 1987-08-13 00:00:00
Title: Commission Regulation (EEC) No 2437/87 of 11 August 1987 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

13 . 8 . 87                             Official Journal of the European Communities                               No L 225/ 13
                                     COMMISSION REGULATION (EEC) No 2437/87
                                                      of 11 August 1987
                   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 COMMUNITIES,                        months ; whereas, in order to improve the efficiency of
                                                                   the scheme, provisions should be laid down enabling the
                                                                   applicants to benefit from an advance payment of the aid
Having regard to the Treaty establishing the European              subject to a security ;
Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of             Whereas, in view of the exceptional circumstances in the
27 June 1968 on the common organization of the market              beef market and in order to encourage operators to make
in beef and veal ('), as last amended by Regulation (EEC)          use of private storage it should be provided that, for a
No 467/87 (2), and in particular Articles 6 (5) (b) and $ (2)      limit period, products under a private storage contract
thereof,                                                           should be able at the same time to be placed under the
                                                                   system laid down in- Article 5 ( 1 ) of Council Regulation
                                                                   (EEC) No 565/80 of 4 March 1980 on the advance
Whereas, in view of the serious difficulties on the market         payment of export refunds in respect of agricultural
in beef owing to the extraordinary slaughterings of adult          products (9) ;
bovine animals, private storage aid should be granted in
respect of such animals ;
                                                                   Whereas, in view of the contractual storage periods it is
Whereas the provisions of Commission Regulation (EEC)              necessary to derogate from Article 11 (2) of Commission
No 1091 /80 (3), as last amended by Regulation (EEC) No            Regulation (EEC) No 798/80 of 31 March 1980 laying
2826/82 (4), should be followed in respect of the grant of         down general rules on the advance payment of export
private storage aid for beef ;                                     refunds and positive monetary compensatory amounts in
                                                                   respect of agricultural products (10), as last amended by
                                                                   Regulation (EEC) No 471 /87 ("),. as to the period during
Whereas provisions should be made to ensure that the               which the products may stay under the system laid down
animals involved be slaughtered exclusively in slaughter­          in Regulation (EEC) No 565/80 ;
houses which are approved and supervised in accordance
with the provisions of Council Directive 64/433/EEC (*),
as last amended by Directive 83/90/EEC (*) ;
                                                                   Whereas provision should be made for the possibility of
                                                                   reducing the storage period where meat removed from
Whereas Article 3 of Council Regulation (EEC) No                   storage is intended for export ; whereas proof that the
989/68 0, as amended by Regulation (EEC) No 428/77 (8),            meat has been exported must be supplied as in the case of
provides that, if the market situation so requires, the            refunds, in accordance with Commission Regulation
period of storage may be curtailed or extended ; whereas it        (EEC) No 2730/79 (u), as last amended by Regulation
is therefore appropriate that, in addition to the amounts          (EEC) No 1 180/87 (I3) ; whereas, except in cases where the
of aid granted for a specific storage period, amounts to be        stored products are put under a system requiring export
added or reduced in the event of that period being                 in their totality, it is appropriate to provide that, subject to
extended or curtailed should also be fixed ;
                                                                   certain conditions, a limited quantity may be withdrawn
                                                                   from store without subsequent export ; whereas provisions
                                                                   should be made for the calculation of aid and the release
Whereas, in order to prevent the financing of normal
private storage, it appears desirable to fix high minimum          of security where the storer has not respected certain
                                                                   obligations ;
quantities ;
Whereas foreseaable market conditions make it necessary            Whereas, for the purposes of the necessary controls,
to provide for storage periods of between four and eight           Member States shall take measures to ensure that the
                                                                   products being stored can be identified as originating
(') OJ   No L 148, 28. 6. 1968, p. 24.                             from male bovine animals ;
(2) OJ   No L 48, 17. 2. 1987, p. 1 .
0   OJ   No L 114, 3. 5. 1980, p. 18.
(4) OJ   No L 297, 23. 10. 1982, p. 18.                            0 OJ No L 62, 7. 3. 1980, p. 5.
0   OJ   No 121 , 29. 7. 1964, p. 2012/64.                         (10) OJ No L 87, 1 . 4. 1980, p. 42.
0   OJ   No L 59, 5. 3. 1983, p. 10.                               (") OJ No L 48, 17. 2. 1987, p. 10.
0   OJ   No L 169, 18 . 7. 1968, p. 10.                            H OJ Na L 317, 12. 12. 1979, p. 1 .
(8) OJ   No L 61 , 5.. 3. 1977, p. 17.                             H OJ No L 113, 30. 4. 1987, p. 27.
 ---pagebreak--- No L 225/ 14                            Official Journal of the European Communities                                  13 . 8. 87
Whereas, in order for the Commission to monitor closely                (b) the rear part of the half-carcase cut in the manner
the effect of the private storage scheme, Member States                    known as 'straight' with a minimum of three ribs
shall communicate the necessary information ;                              and a maximum of five ribs and with a minimum
                                                                           average weight of 55 kilograms,
Whereas the Management Committee for Beef and Veal                — the forequarter shall mean :
has not delivered an opinion within the time limit set by
its chairman,                                                          (a) the front part of the half-carcase cut, in the
                                                                           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, the
HAS ADOPTED THIS REGULATION :
                                                                           flank being attached to the forequarter ; or
                                                                       (b) the front part of the half-carcase and in a manner
                                                                           known as 'straight' with a minimum of eight ribs
                                                                           and a maximum of 10 ribs and with a minimum
                           Article 1
                                                                           average weight of 55 kilograms.
1 . Applications may be submitted between 31 August               3. Carcases and half-carcases shall be presented in
and 9 October 1987 for aid for the private storage of one         accordance with point 2 (a) and (b) of Annex II to Regula­
of the presentations of adult bovine animals defined in           tion (EEC) No 2226/78 ('). !
Article 2 (2),
The amounts of this aid, by tonne of products, bone-in,                                      Article 3
are fixed in the Annex hereto for each of these presenta­
tions, pursuant to Article 6 ( 1 ) of Regulation (EEC) No          1 . The minimum quantity per contract shall be 15
1091 /80 .                                                        tonnes expressed as bone-in meat.
If the quantities in respect of which contracts have been         2. The contract may only cover unboned meat of one
applied for or the market situation make it advisable, the        of the presentations listed in the Annex.
deadline for the submission of applications may be
changed.                                                          3 . Placing in storage must be carried out within 28
                                                                  days of the date of conclusion of the contract.
2. The amount of aid shall be adjusted if the period of
storage is extended or reduced. The supplements and               4.     The security shall be declared forfeit if the applica­
deductions per day for each of the presentations referred         tion for a contract is withdrawn .
to in Article 2 (2) are fixed in the Annex hereto.
3. Subject to the provisions of this Regulation, the                                         Article 4
provisions of Regulation (EEC) No 1091 /80 shall apply.
                                                                   1 . Subject to the provisions laid down in paragraphs,
                                                                  the contractor may, during the storage entry period, cut or
                           Article 2                              bone all or part of the products referred to in Article 2 (2),
                                                                  provided that only the quantity for which the contract has
                                                                  been concluded is employed and that all the meat result­
1 . Only meat produced in accordance with the provi­              ing from such operations is placed in store. Intention to
sions of Article 3 (1 A) (a) to (e) of Directive 64/433/EEC       make use of this facility shall be notified not later than
shall be eligible for private storage aid.                        the date of placing in storage.
2.    For the purposes of this Regulation :                       2.     If the quantity actually stored unboned, or, if cut or
                                                                  boned, the quantity of unboned meat employed, is less
— the carcase shall have a minimum average weight of              than the quantity for which the contract was concluded
    220 kilograms,                                                and :
— the half-carcase shall have a minimum average weight            (a) not less than 90,% of that quantity, the amount of aid
    of 110 kilograms,                                                  referred to in the second subparagraph of Article 1 ( 1 )
                                                                       shall be reduced proportionally ;
— the hindquarter shall mean :
                                                                  (b) less than 90 % but more or equal to 80 % of that
    (a) the rear part of the half-carcase cut in the manner            quantity, private storage aid is paid for half of the
        known as 'pistola' with a minimum of five cut ribs             quantity actually stored ;
        and a mximum of eight ribs and with minimum
        average weight of 55 kilograms ; it is cut straight to    (c) less than 80 % of this quantity, private storage aid .
        the hip bone and then parallel to the fillet so that           shall not be paid.
        this is practically free from attached parts of the
        flank : or                                                (') OJ No L 261 , 26. 9. 1978, p. 5,
 ---pagebreak--- 13 . 8 . 87                            Official Journal of the European Communities                            No L 225/ 15
3.     In the case of boning :                                    3. For the purposes of paragraph 1 , where a private
                                                                  storage contract is concluded for a quantity which consists
(a) if the quantity actually stored does not exceed 67 kilo­      of several lots which are placed in storage on different
     grams of boned meat per 100 kilograms of unboned             dates, each of the said lots may be the subject of a sep­
     meat employed, private storage aid shall not be              arate payment declaration. A payment declaration, as
     payable ;                                                    referred to in Article 2 of Regulation (EEC) No 798/80,
(b) if the quantity actually stored exceeds 67 kilograms          shall be submitted for each lot on the day of its entry into
     but is lower than 75 kilograms of boned meat per 100         storage.
     kilograms of unboned meat employed, the aid referred
     to in the second subparagraph of Article 1 (1 ) shall be     'Lot shall be taken to mean a quantity which is placed in
     reduced proportionally.                                      storage on a given day.
4. The large tendons, cartilages, pieces of fat and other                                   Article 7
scraps left over from cutting for boning may not be
stored .
                                                                  1 . After two months of storage under contract, meat
                                                                  may be fully or partly withdrawn from store, subject to a
 5.     No aid shall be granted :                                 minimum quantity, provided that within 60 days fol­
                                                                  lowing its removal from store :
(a) for quantities stored unboned or, in acase of cutting or
     boning, for quantintities of unboned meat employed,          — it has left the Community's territory within the
     in excess of quantities for which the contract was                meaning of Article 9 (2) of Regulation (EEC) No
     concluded ; and                                                   2730/79,
(b) in case of boning, for quantities in excess of 75 kilo­            or
     grams of boned meat per 100 kilograms of unboned             — has reached its destination in the cases referred to in
     meat employed.                                                   Article 5 (1 ) of Regulation (EEC) No 2730/79,
                                                                       or
                           Article 5                              — has been placed in a victualling warehouse approved
                                                                       pursuant to Artcle 26 of Regulation (EEC) No
                                                                       2730/79 .
 1 . The actual storage period shall be chosen by the
storer, but may not be less than four months nor exceed           2.     If the 60-day period is not complied with, the
 eight months. If the storage period exceeds four months          amount of aid for the quantity concerned, calculated in
 the aid shall be increased in accordance with Article 1 (2).     accordance with Article 8, shall be reduced :
 2. After three months of storage under contract, a               — by 15 % ,
 single advance payment of the aid may be made, at                     plus        )
 storer's request, on condition that he lodges a security         — a further 5 % per day exceeding the 60-day period.
 equal to the advance payment plus 20 % .
                                                                  Moreover 15% of the security referred to in Article 10,
The advance payment of the aid shall not exceed the               and a further 5 % per day exceeding the 60-day period,
 amount of aid corresponding to a storage period of three         shall be declared forfeit in respect of the quantity
 months. Where quantities under contract are exported in          concerned.
 accordance with Article 7 prior to the advance payment,
 the actual storage period for those quantities shall be          3. If, prior to the end of the minimum storage period,
 taken into account when calculating the amount of                a minimum of 90 % of the meat actually stored under a
 advance payment.                                                 contract has been exported in the sense of paragraph 1 ,
                                                                   the balance may be withdrawn from store prior to the end
 The advance payment of the aid shall be converted into           of the minimum storage period. If withdrawn :
 national currency by applying the representative rate in         — aid shall only be paid for the quantity having been
 force on the day of conclusion of the storage contract.               exported,
                                                                       and
                           Article 6                              — the security referred to in Article 10 shall be relased
                                                                       only in respect of the quantity having been exported.
 1 . By way of derogation from Article 2 (4) of Regula­
                                                                  4.     For the purposes of the preceding paragraphs, proof
 tion (EEC) No 1091 /80, products being stored under a             shall be furnished as in the case of refunds.
 private storage contract may simultaneously be placed
 under the system laid down in Article 5 (1 ) of Regulation
 (EEC) No 565/80 .                                                                           Article 8
 2. In this case, by way of derogation from Article 1 1 (2)        1.    Where application has been made of Article 7, the
 of Regulation (EEC) No 798/80, the period referred to in          amount of aid shall be reduced, in accordance with
 that Article shall be nine months.                               Article 1 (2).
 ---pagebreak--- No L 225/ 16                             Official Journal of the European Communities                                     13 . 8 . 87
2.    The storage period shall terminate on the day                — no aid shall be paid under the contract concerned,
before :                                                                and
— the first day of removal from storage, or                        — the whole of the security referred to in Article 10 shall
                                                                        be declared forfeit in respect of the contract
— the day of acceptance of the export declaration, if the               concerned.
     meat has not been moved .
                                                                                             Article 10
3 . Article 3 (4) of Council Regulation (EEC, Euratom)
No 1182/71 (') shall not apply as regards the calculation          The amount of the security referred to in Article 4 (2) of
of the storage period.                                             Regulation (EEC) No 1091 /80 shall be :
                                                                   — 100 ECU per tonne in respect of contracts covering
                           Article 9                                    carcases or half-carcases,
                                                                   — 130 ECU per tonne in respect of contracts covering
1 . The minimum quantity for each removal is fixed at                   hindquarters,
five tonnes of product weight per store and per contractor.        — 75 ECU per tonne in respect of contracts covering
However, where the quantity left in a store is less than                forequarters.
this quantity, one further withdrawal operation of the
remaining quantity or part thereof shall be permitted.                                       Article 11
Where the withdrawal conditions referred to in the prece­           Except in cases of force majeure the application for
ding subparagraph are not complied with :                          payment of the aid and the supporting documents must
                                                                   be lodged with the competent authority within six
— the amount of aid for the quantity withdrawn shall be            months of the end of the contracted storage period. If it
     calculated in accordance with Article 5 ( 1 ) or Article 8,   has not been possible to produce them on time although
     and                                                           the applicant has acted promptly to obtain them, an extra
— 15 % of the security referred to in Article 10 shall be           period of time for their production may be granted.
declared forfeit in respect of the quantity withdrawn.             Where Article 7 is applied the necessary proof must be
                                                                   produced within the timelimits specified in Article 31 of
2. The storer shall inform the intervention agency in              Regulation (EEC) No 2730/79 .
good time before the commencement of withdrawal
operations, stating the quantities he intends to withdraw.                                   Article 12
The intervention agency may require that this notification         Member States shall take the necessary measures to ensure
be made at most two working days before commence­                  identification of the products specified in the Annex,
ment of operations.                                                either by means of an indelible mark or by an individual
                                                                   seal on each presentation of the adult male bovine animal
Where this this requirement is not complied with but               concerned.
where sufficient evidence has been furnished, to the satis­
faction of the competent authority, as to the date of with­                                  Article 13
drawal from store and the quantities concerned                     Member States shall communicate by telex to the
— the amount of aid shall be calculated in accordance               Commission before Thursday of each week the results of
     with Article 5 ( 1 ) or Article 8 ,                           the application of Articles 5 (2), 6 ( 1 ) and 7 of this Regula­
                                                                   tion .
     and
— 15 % of the security referred to in Article 10 shall be                                    Article 14
     declared forfeit in respect of the quantity concerned.
                                                                   This Regulation shall enter into force on the day of its
For all other cases where that requirement is not                  publication in the Official Journal of the European
complied with :                                                     Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 11 August 1987.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
 ') OJ No L 124, 8 . 6. 1971 , p. 1 .
 ---pagebreak--- 13 . 8 . 87                             Official Journal of the European Communities                         No L 225/ 17
                                                             ANNEX
            I. Carcases, half-carcases, hindquarters and forequarters from adult male bovine animals identi
                                                fied in accordance with Article 12
                                                                       Amount of aid             Amount
                                                                        in ECU/tonne         in ECU/tonne
                            Products in respect of                  for a storage period    to be deducted
                            which aid is granted                         of 4 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
             II. Carcases, half-carcases, hindquarters and forequarters from adult bovine animals not included
                                                                 in I
                                                                        Amount of aid            Amount
                                                                        in EClJ/tonne         in ECU/tonne
                            Products in respect of                   for a storage period    to be deducted
                             which aid is granted                        of 4 months       or added per day
             (f) Fresh or chilled carcases or half-carcases                   345                  1,0
             (g) Fresh or chilled hindquarters cut in the
                 manner known as 'pistola'                                    450                  1,0
             (h) Fresh or chilled hindquarters cut in the
                 manner known as 'straight'                                   440                  1,0
             (i) Fresh or chilled forequarters cut in the
                 manner known as 'pistola'                                    240                  0,9
             (j) Fresh or chilled forequarters cut in the
                 manner known as 'straight'                                   250                  0,9
                                                               i