Commission Regulation (EEC) No 3445/90 of 27 November 1990 laying down detailed rules for granting private storage aid for beef and veal

• Published date: 30 November 1990
• Subject Matter: Beef and veal
• Official Gazette Publication: Official Journal of the European Communities, L 333, 30 November 1990

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Commission Regulation (EEC) No 3445/90 of 27 November 1990 laying down detailed rules for granting private storage aid for beef and veal

Official Journal L 333 , 30/11/1990 P. 0030 - 0038
Finnish special edition: Chapter 3 Volume 35 P. 0146
Swedish special edition: Chapter 3 Volume 35 P. 0146

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COMMISSION REGULATION ( EEC ) No 3445/90

of 27 November 1990

laying down detailed rules for granting private storage aid for beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation ( EEC ) No 805/68 of 27June 1968 on the common agricultural policy common organization of the market in beef and veal ( 1 ), as last amended by Regulation ( EEC ) No 571/89 ( 2 ), and in particular Article 8 ( 2 ) and 25 thereof,

Having regard to Council Regulation ( EEC ) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy ( 3 ), as last amended by Regulation ( EEC ) No 2205/90 ( 4 ), and in particular Article 5 ( 3 ) and 12 thereof,

Whereas detailed rules for granting private storage aid for beef and veal must be adopted in addition to the general rules laid down by Council Regulation ( EEC ) No 989/68 ( 5 ), as amended by Regulation ( EEC ) No 428/77 ( 6 );

Whereas, if it is to achieve its purpose, such aid should be granted only to natural or legal persons established in the Community whose activities and experience in the sector offer sufficient certainty that storage will be effected in a satisfactory manner and who have adequate cold storage capacity within the Community;

Whereas, for the same reason, aid should be granted only for the storage of frozen products of sound and fair merchantable quality and of Community origin as defined by Commission Regulation ( EEC ) No 964/71 ( 7 ), with a level of radioactivity not exceeding the maximum levels permitted under Council Regulation ( EEC ) No 737/90 of 22 March 1990 on the conditions governing imports of agricultural products originating in third countries following the accident at the Chernobyl nuclear power station ( 8 );

Whereas provision should be made to ensure that the animals involved are slaughtered exclusively in slaughterhouses which are approved and supervised in accordance with the provisions of Council Directive 64/433/EEC ( 9 ), as last amended by Directive 89/662/EEC ( 10 );

Whereas the market situation and its future development could make it opportune to invite the contracting party to designate his stocks for export from the moment of placing in storage and that it is appropriate under this hypothesis to determine the conditions under which the meat which is the object of a storage contract could be simultaneously placed under the regime as referred to in Article 5 of Council Regulation ( EEC ) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products ( 11 ), as amended by Regulation ( EEC ) No 2026/83 ( 12 ), in order to benefit from advance payment of export refunds;

Whereas, to make the scheme more effective, contracts must relate to a certain minimum quantity, differentiated by product as appropriate, and the obligations to be fulfilled by the contracting party, in particular those enabling the intervention agency to make an effective inspection of storage conditions, must be specified;

Whereas the amount of the security designed to ensure compliance with the contractual obligations should be fixed at a percentage of the amount of the aid;

Whereas, pursuant to Commission Regulation ( EEC ) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products ( 13 ), as last amended by Regulation ( EEC ) No 3745/89 ( 14 ), the primary requirements to be met for the release of the security should be defined; whereas storing the contracted quantity for the agreed period constitutes one of the primary requirements for the granting of private storage aid for beef and veal; whereas, to take account of commercial practice and for practical reasons, a certain tolerance in respect of the said quantity should be

permitted;

Whereas a measure of proportionality should apply in the release of the security and the granting of aid where

certain requirements relating to the quantities to be stored are not met;

Whereas, in order to improve the efficiency of the scheme, the contracting party should be permitted to receive an advance payment of aid subject to a security and rules should be laid down regarding the submission of applications for aid, the supporting documents to be produced and the time limit for payment;

Whereas, pursuant to Article 5 of Regulation ( EEC ) No 1676/85, it should be specified that, in the case of private storage, the operative event to determine the amount of the security and the aid in national currency is the day of conclusion of the storage contract or the final day for submission of tenders in response to an invitation to tender;

Whereas previous experience with other schemes for private storage of agricultural products has shown the need to specify to what extent Council Regulation ( EEC, Euratom ) No 1182/71 ( 1 ) applies to the determination of periods, dates and time limits referred to under such schemes and to define precisely the dates when contractual storage begins and ends;

Whereas, in particular, Article 3 ( 4 ) of Regulation ( EEC, Euratom ) No 1182/71 specifies that where the last day of a period is a public holiday, Sunday or Saturday, the period should end on the expiry of the last hour of the following working day; whereas the application of this provision to storage contracts may not be in the interest of storers and may even result in inequality of treatment; whereas, therefore, a derogation should be made with regard to the determination of the last day of storage under contract;

Whereas provision should be made for a measure of proportionality in the granting of aid where the storage period is not fully observed; whereas provision should also be made for the storage period to the shortened 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 refunds, in accordance with Commission Regulation ( EEC ) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products ( 2 ), as last amended by Regulation ( EEC ) No 1615/90 ( 3 );

Whereas Article 4 ( 1 ) of Regulation ( EEC ) No 989/68 provides that the amount of aid for private storage may be determined by means of a tendering procedure; whereas Articles 4 and 5 of the same Regulation contain rules to be observed in connection with such a procedure; whereas, howerver, more detailed rules are necessary for that purpose;

Whereas the purpose of the tendering procedure is to determine the amount of the aid; whereas, in the selection of successful tenderers, preference should be given to those tenders which are most advantageous for the Community; whereas, therefore, a maximum amount of aid may be set for which tenders would be accepted; whereas, if no tender is acceptable, none need be accepted;

Whereas provision should be made for a system of checks to ensure that aid is not granted unduly; whereas for this purpose the Member States should make checks appropriate to the various stages of storage;

Whereas steps should be taken to prevent and, where necessary, to...