CELEX: 31988R2675
Language: en
Date: 1988-08-29 00:00:00
Title: Commission Regulation (EEC) No 2675/88 of 29 August 1988 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

No L 239/20                             Official Journal of the European Communities                                    30 . 8 . 88
                                      COMMISSION REGULATION (EEC) No 2675/88
                                                        of 29 August 1988
                   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,                         the scheme, provisions should be laid down enabling the
                                                                     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 view of the exceptional circumstances in the
 Having regard to Council Regulation (EEC) No 805/68 of              beef market and in order to encourage operators to make
 27 June 1968 on the common organization of the market               use of private storage it should be provided that, for a
 in beef and veal ('), as last amended by Regulation (EEC)           limit period, products under a private storage contract
 No 2248/88 (2), and in particular Articles 6 (5) (b) and 8 (2)      should be able at the same time to be placed under the
 thereof,                                                            system laid down in Article 5 (1 ) of Council Regulation
                                                                    (EEC) No 565/80 of 4 March 1980 on the advance
                                                                     payment of export refunds in respect of agricultural
 Whereas, in view of the difficulties on the market in beef          products (9) ;
 owing to increased slaughterings of adult male bovine
 animals, private storage aid should be granted in respect
 of such animals ;                                                  Whereas, in view of the contractual storage periods it is
                                                                     necessary to derogate from Article 1 1 (2) of Commission
 Whereas the provisions of Commission Regulation (EEC)              Regulation (EEC) No 798/80 of 31 March 1980 laying
 No 1091 /80 (3), as last amended by Regulation (EEC) No            down general rules on the advance payment of export
 2826/82 (4), should be followed in respect of the grant of         refunds and positive monetary compensatory amounts in
 private storage aid for beef ;                                     respect of agricultural products (10), as last amended by
                                                                    Regulation (EEC) No 471 /87 (u), as to the period during
                                                                    which the products may stay under the system laid down
Whereas provisions should be made to ensure that the                in Regulation (EEC)' No 565/80 ;
 animals involved be slaughtered exclusively, in slaughter­
 houses which are approved and supervised in accordance
with the provisions of Council Directive 64/433/EEC (*),            Whereas provision should be made for the possibility of
 as last amended by Directive 88/288/EEC (6) ;                      reducing the storage period where meat removed from
                                                                    storage is intended for export ; whereas proof that the
                                                                    meat has been exported must be supplied as in the case of
Whereas Article 3 of Council Regulation (EEC) No                    refunds, in accordance with Commission Regulation
989/68 f7), as amended by Regulation (EEC) No 428/77 (8),           (EEC) No 3665/87 (12) ; whereas, except in cases where the
 provides that, if the market situation so requires, the
period of storage may be curtailed or extended ; whereas it
                                                                    stored products are put under a system requiring export
is therefore appropriate that, in addition to the amounts
                                                                    in their totality, it is appropriate to provide that, subject to
                                                                    certain conditions, a limited quantity may be withdrawn
of aid granted for a specific storage period, amounts to be
added or reduced in the event of that period being
                                                                    from store without subsequent export ; whereas provisions
                                                                    should be made for the calculation of aid and the release
extended or curtailed should also be fixed ;
                                                                    of security where the storer has not respected certain
                                                                    obligations ;
Whereas, in order to prevent the financing of normal
private storage, it appears desirable to fix high minimum
quantities ;                                                        Whereas, for the purposes of the necessary controls,
                                                                    Member States shall take measures to ensure that the
                                                                    products being stored can be identified as originating
Whereas foreseable market conditions make it necessary              from male bovine animals :
to provide for storage periods of between four and eight
months ; whereas, in order to improve the efficiency of
                                                                    Whereas, in order for the Commission to monitor closely
(') OJ  No  L 148, 28 . 6. 1968, p. 24.                             the effect of the private storage scheme, Member States
0   OJ  No  L 198, 26. 7. 1988, p. 24.                              shall communicate the necessary information ;
 3  OJ  No  L 114, 3 . 5. 1980, p. 18 .
(4) OJ  No  L 297, 23. 10. 1982, p. 18.
0   OJ  No  121 , 29. 7. 1964, p. 2012/64.                          O OJ    No L 62, 7. 3. 1980, p. 5.
(6) OJ  No  L 124, 18 . 5. 1988 , p. 28 .                           (10) OJ No L 87, 1 . 4. 1980, p. 42.
0   OJ  No  L 169, 18 . 7. 1968, p. 10.                             (") OJ  No L 48, 17. 2. 1987, p. 10.
(8) OJ  No  L 61 , 5. 3. 1977, p. 17.                               (12) OJ No L 351 , 14. 12. 1987, p. 1 .
 ---pagebreak---  30 . 8 . 88                            Official Journal of the European Communities                               No L 239/21
Whereas pursuant to Regulation (EEC) No 2248/88, the              — the hindquarter shall mean :
 Council decided that intervention measures would be
                                                                       (a) the rear part of the half-carcase cut in the manner
applied on the basis of the Community scale for the clas­                   known as 'pistola' with a minimum of five cut ribs
sification of carcases of adult bovine animals established
                                                                            and a maximum of eight ribs and with minimum
by Council Regulation (EEC) No 1208/81 (') ;                                average weight of 55 kilograms ; it is cut straight to
                                                                            the hip bone and then parallel to the fillet so that
Whereas the Management Committee for Beef and Veal                          this is practically free from attached parts of the
has not delivered an opinion within the time limit set by                   flank ; or
its chairman,
                                                                       (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
HAS ADOPTED THIS REGULATION :
                                                                           average weight of 55 kilograms,
                                                                  — the forequarter shall mean :
                           Article 1                                   (a) the front part of the half-carcase cut, in the
                                                                            manner known as 'pistola' with a minimum of five
 1 . Applications may be submitted between 15                               ribs and a maximum of eight ribs and with a
September and 21 October 1988 for aid for the private                       minimum average weight of 55 kilograms, the
storage of one of the presentations of adult male bovine                    flank being attached to the forequarter ; or
animals defined in Article 2 (2).                                      (b) the front part of the half-carcase and in a manner
                                                                     ^     known as 'straight' with a minimum of eight ribs
The amounts of this aid, by tonne of products, bone-in,                    and a maximum of 10 ribs and with a minimum
are fixed in the Annex hereto for each of these presenta­                  average weight of 55 kilograms.
tions, pursuant to Article 6 (1 ) of Regulation (EEC) No
 1091 /80 .
                                                                  4. Carcases and half-carcases shall be presented in
                                                                  accordance with point 2 (a) and (b) of Annex II to Regula­
If the quantities in respect of which contracts have been         tion (EEC) No 2226/78 .
applied for or the market situation make it advisable, the
deadline for the submission of applications may be
changed.                           N\^
                                                                                               Article 3
2. The amount of aid shall be adjusted if the period of
storage is extended or reduced. The supplements and               1.     The minimum quantity per contract shall be 15
deductions per day for each of the presentations referred         tonnes expressed as bone-in meat.
to in Article 2 are fixed in the Annex hereto.
                                                                  2. The contract may only cover unboned meat of one
3. Subject to the provisions of this Regulation, the              of the presentations listed in the Annex.
provisions of Regulation (EEC) No 1091 /80 shall apply.
                                                                  3. Placing in storage must be carried out within 28
                           Article 2                              days of the date of conclusion of the contract.
1 . Only meat produced in accordance with the provi­              4.     The security shall be declared forfeit if the applica­
                                                                  tion for a contract is withdrawn .
sions of Article 3 (1 A) (a) to (e) of Directive 64/433/EEC
shall be eligible for private storage aid.
2. Private storage can only be granted for meat classi­                                        Article 4
fied in accordance with the Community scale for the
carcase classification as laid down in Regulation (EEC) No
1208/81 and identified in accordance with Article 6 (2) (d)       1 . Subject to the provisions laid down in paragraph 2,
and (e) of Commission Regulation (EEC) No 2226/78 (2).            the contractor 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
3.     For the purposes of this Regulation :                      been concluded is employed and that all the meat result­
— the carcase shall have a minimum average weight of              ing from such operations is placed in store. Intention to
     220 kilograms,                                               make use of this facility shall be notified not later than
                                                                  the date of placing in storage.
— the half-carcase 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
(') OJ No L 123, 7. 5. 1981 , p. 3.                               than the quantity for which the contract was concluded
0 OJ No L 261 , 26. 9. 1978, p. 5.                                and :
 ---pagebreak---   No L 239/22                          Official Journal of the European Communities                                 30 . 8 . 88
 (a) not less than 90 % of that quantity, the amount of aid       laid down in Article 5 (1) of Regulation (EEC) No 565/80.
     referred to in the second subparagraph of Article 1 (1 )    Member States may require that the two operations
     shall be reduced proportionally ;                            referred to in the first subparagraph shall commence
 (b) less than 90 % but more or equal to 80 % of that            simultaneously.
     quantity, private storage aid is paid for half of the
     quantity actually stored ;                                  2. In this case, by way of derogation from Article 11 (2)
                                                                 of Regulation (EEC) No 798/80, the period referred to in
 (c) less than 80 % of this quantity, private storage aid        that Article shall be nine months.
     shall not be paid.
                                                                 3.     For the purposes of paragraph 1 , where a private
 3.    In the case of boning :                                   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,
                                                                 shall be submitted for each lot on the day of its entry into
(b) if the quantity actually stored exceeds 67 kilograms         storage.
     but is lower than 75 kilograms of boned meat per 100
     kilograms of unboned meat employed, the aid referred        'Lot' shall be taken to mean a quantity which is placed in
     to in the second subparagraph of Article 1 ( 1 ) shall be   storage on a given day.
     reduced proportionally.
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, it :
(a) for quantities stored unboned or, in case of cutting or
     boning, for quantities of unboned meat employed, in         — has left the Community's territory,
     excess of quantities for which the contract was                  or
     concluded ; and
                                                                 — has reached its destination in the cases referred to in
(b) in case of boning, for quantities in excess of 75 kilo­           Article 34 ( 1 ) of Regulation (EEC) No 3665/87,
     grams of boned meat per 100 kilograms of unboned
                                                                      or
     meat employed.
                                                                 — has been placed in a victualling warehouse approved
                                                                      pursuant to Article 38 of Regulation (EEC) No
                          Article 5                                   3665/87.
 1 . The actual storage period shall be chosen by the            2. If the 60-day period is not complied with, the
storer, but may not be less than four months nor exceed          amount of aid for the quantity concerned, calculated 1 in
eight months. If the storage period exceeds four months          accordance with Article 8, shall be reduced :
the aid shall be increased in accordance with Article 1 (2).
                                                                 — by 15 % ,
2. After three months of storage under contract, a                    plus
single advance payment of the aid may be made, at the
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
                                                                 concerned.
months. Where quantities under contract are exported in
accordance with Article 7 prior to the advance payment,          3. If, prior to the end of the minimum storage period,
the actual storage period for those quantities shall be          a minimum of 90 % of the meat actually stored under a
taken into account when calculating the amount of                contract has been exported in the sense of paragraph 1 ,
advance payment.                                                 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 released
                                                                      only in respect of the quantity having been exported.
1 . By way of derogation from Article 2 (4) of Regula­
tion (EEC) No 1091 /80, products to be stored under a            4.     For the purposes of the preceding paragraphs, proof
private storage contract may be placed under the system          shall be furnished as in the case of refunds.
 ---pagebreak---  30 . 8 . 88                             Official Journal of the European Communities                               No L 239/23
                            Article 8                               For all other cases where that requirement is not
                                                                    complied with :
  1 . Where application has been made of Article 7, the
 amount of aid shall be reduced, in accordance with                 — no aid shall be paid under the contract concerned,
 Article 1 (2).                                                         and
                                                                    — the whole of the security referred to in Article 10 shall
 2.    The storage period shall terminate on the day                    be declared forfeit in respect of the contract
 before :
                                                                        concerned.
 — the first day of removal from storage, or                                                 Article 10
                                                                                                       t
 — the day of acceptance of the export declaration, if the
      meat has not been moved.                                     The amount of the security referred to in Article 4 (2) of
                                                                    Regulation (EEC) No 1091 /80 shall be :
 3. Article 3 (4) of Council Regulation (EEC, Euratdm)             — 100 ECU per tonne in respect of contracts covering
 No 1182/71 (') shall not apply as regards the calculation              carcases or half-carcases,
 of the storage period.
                                                                   — 130 ECU per tonne in respect of contracts covering
                            Article 9
                                                                        hindquarters,
                                                                   — 75 ECU per tonne in respect of contracts covering
 1 . The minimum quantity for each removal is fixed at                  forequarters.
 5 tonnes of product weight per store and per contractor.                                   Article 11
 However, where the quantity left in a store is less than
 this quantity, one further withdrawal operation of the            Except in cases of force majeure the application for
 remaining quantity or part thereof shall be permitted.            payment of the aid and the supporting documents must
                                                                   be lodged with the competent authority within six
Where the withdrawal conditions referred to in the prece­          months of the end of the contracted storage period. If it
ding subparagraph are not complied with :                          has not been possible to produce them on time although
— the amount of aid for the quantity withdrawn shall be            the applicant has acted promptly to obtain them, an extra
     calculated in accordance with Article 5 (1 ) or Article 8,    period of time for their production may be granted.
     and                                                           Where Article 7 is applied the necessary proof must be
— 15 % of the security referred to in Article 10 shall be          produced within the time limits specified in Article 31 of
declared forfeit in respect of the quantity withdrawn.             Regulation (EEC) No 3665/87.
                                                                                            Article 12
2.     The storer shall inform the intervention agency in
good time before the commencement of withdrawal                    Member States shall take the necessary measures to ensure
operations, stating the quantities he intends to withdraw.         identification of the products specified in the Annex,
The intervention agency may require that this notification         either by means of an indelible mark or by an individual
                                                                   seal on each presentation of the adult male bovine animal
be made at most two working days before commence­                  concerned.
ment of operations.
                                                                                            Article 13
Where this requirement is not complied with but where
sufficient evidence has been furnished, to the satisfaction        Member States shall communicate by telex to the
of the competent authority, as to the date of withdrawal           Commission before Thursday of each week the results of
from store and the quantities concerned                            the application of Articles 5 (2), 6 (1 ) and 7 of this Regula­
                                                                   tion .
— the amount of aid shall be calculated in accordance
     with Article 5 ( 1 ) or Article 8,                                                     Article 14
     and
                                                                   This Regulation shall enter into force on the day of its
— 15 % of the security referred to in Article 10 shall be          publication in the Official Journal of the European
     declared forfeit in respect of the quantity concerned.        Communities.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 29 August 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
(') OJ No L 124, 8 . 6. 1971 , p. 1 .
 ---pagebreak--- No L 239/24                          Official Journal of the European Communities                     30 . 8 . 88
                                                           ANNEX
            Carcases, half-carcases, hindquarters and forequarters from adult male bovine animals
                                          identified in accordance with Article 12
                                                                   Amount of aid          Amount
                                                                   in EGU/tonne        in ECU/tonne
                         Products in respect of
                          which aid is granted                  for a storage period  to be deducted
                                                                    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