31.1.2008 EN XM Official Journal of the European Union L 27/3
COMMISSION REGULATION (EC) No 85/2008
of 30 January 2008
on special conditions for the granting of private storage aid for sheepmeat and goatmeat
(Codified version)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat (1), and in particular Article 12(2) thereof,
Whereas:
(1) Commission Regulation (EEC) No 3447/90 of 28 November 1990 on special conditions for the granting of private storage aid for sheepmeat and goatmeat (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.
(2) The provisions of Commission Regulation (EC) No 6/2008 of 4 January 2008 laying down detailed rules for granting private storage aid for sheepmeat and goatmeat (4), should be followed in respect of the grant of private storage aid for sheepmeat. It is appropriate to complete or to adapt these provisions.
(3) It is appropriate that, in addition to the amounts of aid granted for a specific storage period, amounts to be added or reduced in the event of that period being extended or curtailed should also be fixed.
(4) Foreseeable market conditions make it necessary to provide for flexible storage periods of between three and seven months.
(5) It is appropriate in order to ensure genuine tenders, to determine the minimum quantity which may be stored. It is appropriate to determine the minimum quantity to be destocked.
(6) A security should be established to guarantee compliance with the obligations linked to private storage.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,
Regulation (EC) No 6/2008 shall apply subject to the provisions of this Regulation.
1.   Applications in the context of private storage aid shall be submitted to the intervention agencies listed in Annex I.
2.   In the context of a tendering procedure the period for which storage may be tendered is three months. However, the actual storage period shall be chosen by the storer. This period may extend from a minimum of three months to a maximum of seven months. However, if the storage period is greater than three months the aid shall be increased on a daily basis by EUR 1,45 per tonne per day.
The minimum quantity per contract shall be four tonnes expressed, as bone-in meat.
The minimum quantity for each removal is fixed at four tonnes expressed as product weight per store and per contractor. However, where the quantity left in a store is less than this quantity, one further withdrawal operation of the remaining quantity or part thereof shall be permitted.
Where these withdrawal conditions are not complied with:
— the amount of aid for the quantity withdrawn shall be calculated in accordance with Article 6(3) of Regulation (EC) No 6/2008, and
— 15 % of the security referred to in Article 5 shall be declared forfeit in respect of the quantity withdrawn.
The security shall be EUR 145 per tonne.
Regulation (EEC) No 3447/90 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.