Avis juridique important

Commission Regulation (EEC) No 120/83 of 19 January 1983 on special conditions for the granting of private storage aid for pigmeat Official Journal L 016 , 20/01/1983 P. 0022 - 0024

+++++ ( 1 ) OJ NO L 282 , 1 . 11 . 1975 , P . 1 . ( 2 ) OJ NO L 307 , 18 . 11 . 1980 , P . 5 . ( 3 ) OJ NO L 282 , 1 . 11 . 1975 , P . 19 . ( 4 ) OJ NO L 114 , 3 . 5 . 1980 , P . 22 . ( 5 ) OJ NO L 317 , 12 . 12 . 1979 , P . 1 . ( 6 ) OJ NO L 21 , 29 . 1 . 1982 , P . 23 . ( 7 ) OJ NO L 62 , 7 . 3 . 1980 , P . 5 . COMMISSION REGULATION ( EEC ) NO 120/83 OF 19 JANUARY 1983 ON SPECIAL CONDITIONS FOR THE GRANTING OF PRIVATE STORAGE AID FOR PIGMEAT THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2759/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2966/80 ( 2 ) , AND IN PARTICULAR ARTICLES 4 ( 6 ) , 5 ( 4 ) AND 7 ( 2 ) THEREOF , WHEREAS INTERVENTION MEASURES MAY BE TAKEN IN RESPECT OF PIGMEAT IF , ON THE REPRESENTATIVE MARKETS OF THE COMMUNITY , THE AVERAGE PRICE FOR PIG CARCASES IS LESS THAN 103 % OF THE BASIC PRICE AND IS LIKELY TO REMAIN BELOW THAT LEVEL ; WHEREAS THE MARKET SITUATION HAS BEEN CHARACTERIZED BY A MARKED FALL IN PRICES BELOW THE LEVEL MENTIONED ; WHEREAS , IN VIEW OF SEASONAL AND CYCLICAL TRENDS , THIS SITUATION COULD PERSIST ; WHEREAS A RECENT OUTBREAK OF FOOT-AND-MOUTH DISEASE IN DENMARK HAS CREATED ADDITIONAL DIFFICULTIES FOR EXPORTS OF PIGMEAT FROM THAT COUNTRY , WHICH AGGRAVATE THE DANISH MARKET SITUATION PARTICULARLY ; WHEREAS INTERVENTION MEASURES IN THAT MEMBER STATE MUST BE TAKEN FORTHWITH ; WHEREAS ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 2763/75 ( 3 ) PROVIDES THAT THE PERIOD OF STORAGE CAN BE CURTAILED OR EXTENDED IF THE MARKET SITUATION SO REQUIRES ; WHEREAS THE PERIOD OF STORAGE CAN , IN PARTICULAR , BE CURTAILED AS A RESULT OF CIRCUMSTANCES CONSTITUTING FORCE MAJEURE , AS PROVIDED FOR IN ARTICLE 9 OF COMMISSION REGULATION ( EEC ) NO 1092/80 ( 4 ) ; WHEREAS , THEREFORE , PROVISIONS SHOULD BE MADE TO FIX NOT ONLY THE AMOUNTS OF AID FOR A SPECIFIC PERIOD OF STORAGE BUT ALSO THE AMOUNTS TO BE ADDED OR DEDUCTED IF THIS PERIOD IS CURTAILED OR EXTENDED ; WHEREAS , IN ORDER TO FACILITATE ADMINISTRATIVE AND CONTROL WORK RESULTING FROM THE CONCLUSION OF CONTRACTS , MINIMUM QUANTITIES SHOULD BE FIXED ; WHEREAS THE SECURITY SHOULD BE FIXED AT A LEVEL SUCH AS WILL OBLIGE THE STORER TO FULFIL THE OBLIGATIONS UNDERTAKEN BY HIM ; WHEREAS PROVISIONS SHOULD BE MADE FOR THE POSSIBILITY OF 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 REFUNDS , IN ACCORDANCE WITH COMMISSION REGULATION ( EEC ) NO 2730/79 ( 5 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 202/82 ( 6 ) ; WHEREAS IT SHOULD BE MADE CLEAR THAT THE SAME PRODUCT CANNOT BE THE SUBJECT OF A STORAGE CONTRACT AND AT THE SAME TIME BE ELIGIBLE UNDER COUNCIL REGULATION ( EEC ) NO 565/80 OF 4 MARCH 1980 ON THE ADVANCE PAYMENT OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS ( 7 ) ; WHEREAS TO APPLY BOTH SYSTEMS SIMULTANEOUSLY WOULD HAVE THE EFFECT IN PARTICULAR OF COMPENSATING TRADERS TO AN EXCESSIVE EXTENT IN RESPECT OF CERTAIN OF THEIR FINANCING COSTS ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PIGMEAT , HAS ADOPTED THIS REGULATION : ARTICLE 1 1 . AS FROM 24 JANUARY 1983 THE DANISH INTERVENTION AGENCY SHALL GRANT PRIVATE STORAGE AID IN THE PIGMEAT SECTOR IN ACCORDANCE WITH THE DETAILED RULES LAID DOWN IN REGULATION ( EEC ) NO 1092/80 AND IN THIS REGULATION . ONLY PRODUCTS COMING FROM PIGS SLAUGHTERED IN DENMARK CAN BE SUBJECT TO THIS AID . STORAGE SHALL TAKE PLACE IN THE MEMBER STATE CONCERNED . THE LIST OF PRODUCTS WHICH QUALIFY FOR AID AND THE RELEVANT AMOUNTS ARE SET OUT IN THE ANNEX HERETO . 2 . IF THE PERIOD OF STORAGE IS EXTENDED OR CURTAILED , THE AMOUNT OF THE AID SHALL BE ADJUSTED ACCORDINGLY . THE AMOUNTS OF THE SUPPLEMENTS AND DEDUCTIONS PER MONTH AND PER DAY ARE SET OUT IN COLUMNS 7 AND 8 OF THE SAID ANNEX . ARTICLE 2 THE MINIMUM QUANTITIES PER CONTRACT AND PER PRODUCT SHALL BE AS FOLLOWS : ( A ) 30 TONNES FOR CARCASES AND HALF CARCASES ; ( B ) 15 TONNES FOR ALL THE OTHER PRODUCTS . ARTICLE 3 PLACING OF THE PRODUCTS IN STORAGE SHALL BE COMPLETED WITHIN 24 DAYS FOLLOWING CONCLUSION OF THE CONTRACT . THE SECURITY SHALL BE 20 % OF THE AMOUNTS OF AID SET OUT IN THE ANNEX . ARTICLE 4 1 . ON THE EXPIRY OF A STORAGE PERIOD OF TWO MONTHS , THE CONTRACTING PARTY MAY WITHDRAW FROM STORE ALL OR PART OF THE QUANTITY OF MEAT UNDER CONTRACT , SUBJECT TO A MINIMUM OF 10 TONNES , PROVIDED THAT IT IS EXPORTED WITHIN 10 WORKING DAYS AFTER THE DATE OF ITS REMOVAL FROM STORAGE . IN THIS CASE , THE AMOUNT OF AID SHALL BE REDUCED , IN ACCORDANCE WITH ARTICLE 1 ( 2 ) , THE DAY OF REMOVAL FROM STORAGE BEING THE LAST DAY OF STORAGE . THE CONTRACTING PARTY SHALL INFORM THE INTERVENTION AGENCY AT LEAST TWO WORKING DAYS BEFORE THE COMMENCEMENT OF REMOVAL OPERATIONS , STATING THE QUANTITIES WHICH IT INTENDS TO EXPORT . 2 . IN CASES OF EXPORT IN ACCORDANCE WITH PARAGRAPH 1 , THE CONTRACTING PARTY SHALL PROVIDE PROOF THAT THE MEAT HAS LEFT THE COMMUNITY'S GEOGRAPHICAL TERRITORY OR HAS BEEN THE SUBJECT OF A DELIVERY WITHIN THE MEANING OF ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 . THIS PROOF SHALL BE PROVIDED AS UNDER THE REFUND PROCEDURE . ARTICLE 5 THE SAME PRODUCTS MAY NOT , AT THE SAME TIME , BE SUBJECT TO A PRIVATE STORAGE AID CONTRACT AND TO THE PROVISIONS REFERRED TO IN ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 565/80 . ARTICLE 6 THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 19 JANUARY 1983 . FOR THE COMMISSION POUL DALSAGER MEMBER OF THE COMMISSION ANNEX : SEE OJ NO L 16 OF 20 . 1 . 1983 .

+++++

( 1 ) OJ NO L 282 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 307 , 18 . 11 . 1980 , P . 5 .

( 3 ) OJ NO L 282 , 1 . 11 . 1975 , P . 19 .

( 4 ) OJ NO L 114 , 3 . 5 . 1980 , P . 22 .

( 5 ) OJ NO L 317 , 12 . 12 . 1979 , P . 1 .

( 6 ) OJ NO L 21 , 29 . 1 . 1982 , P . 23 .

( 7 ) OJ NO L 62 , 7 . 3 . 1980 , P . 5 .

COMMISSION REGULATION ( EEC ) NO 120/83 OF 19 JANUARY 1983 ON SPECIAL CONDITIONS FOR THE GRANTING OF PRIVATE STORAGE AID FOR PIGMEAT

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2759/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2966/80 ( 2 ) , AND IN PARTICULAR ARTICLES 4 ( 6 ) , 5 ( 4 ) AND 7 ( 2 ) THEREOF ,

WHEREAS INTERVENTION MEASURES MAY BE TAKEN IN RESPECT OF PIGMEAT IF , ON THE REPRESENTATIVE MARKETS OF THE COMMUNITY , THE AVERAGE PRICE FOR PIG CARCASES IS LESS THAN 103 % OF THE BASIC PRICE AND IS LIKELY TO REMAIN BELOW THAT LEVEL ;

WHEREAS THE MARKET SITUATION HAS BEEN CHARACTERIZED BY A MARKED FALL IN PRICES BELOW THE LEVEL MENTIONED ; WHEREAS , IN VIEW OF SEASONAL AND CYCLICAL TRENDS , THIS SITUATION COULD PERSIST ;

WHEREAS A RECENT OUTBREAK OF FOOT-AND-MOUTH DISEASE IN DENMARK HAS CREATED ADDITIONAL DIFFICULTIES FOR EXPORTS OF PIGMEAT FROM THAT COUNTRY , WHICH AGGRAVATE THE DANISH MARKET SITUATION PARTICULARLY ;

WHEREAS INTERVENTION MEASURES IN THAT MEMBER STATE MUST BE TAKEN FORTHWITH ;

WHEREAS ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 2763/75 ( 3 ) PROVIDES THAT THE PERIOD OF STORAGE CAN BE CURTAILED OR EXTENDED IF THE MARKET SITUATION SO REQUIRES ; WHEREAS THE PERIOD OF STORAGE CAN , IN PARTICULAR , BE CURTAILED AS A RESULT OF CIRCUMSTANCES CONSTITUTING FORCE MAJEURE , AS PROVIDED FOR IN ARTICLE 9 OF COMMISSION REGULATION ( EEC ) NO 1092/80 ( 4 ) ; WHEREAS , THEREFORE , PROVISIONS SHOULD BE MADE TO FIX NOT ONLY THE AMOUNTS OF AID FOR A SPECIFIC PERIOD OF STORAGE BUT ALSO THE AMOUNTS TO BE ADDED OR DEDUCTED IF THIS PERIOD IS CURTAILED OR EXTENDED ;

WHEREAS , IN ORDER TO FACILITATE ADMINISTRATIVE AND CONTROL WORK RESULTING FROM THE CONCLUSION OF CONTRACTS , MINIMUM QUANTITIES SHOULD BE FIXED ;

WHEREAS THE SECURITY SHOULD BE FIXED AT A LEVEL SUCH AS WILL OBLIGE THE STORER TO FULFIL THE OBLIGATIONS UNDERTAKEN BY HIM ;

WHEREAS PROVISIONS SHOULD BE MADE FOR THE POSSIBILITY OF 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 REFUNDS , IN ACCORDANCE WITH COMMISSION REGULATION ( EEC ) NO 2730/79 ( 5 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 202/82 ( 6 ) ;

WHEREAS IT SHOULD BE MADE CLEAR THAT THE SAME PRODUCT CANNOT BE THE SUBJECT OF A STORAGE CONTRACT AND AT THE SAME TIME BE ELIGIBLE UNDER COUNCIL REGULATION ( EEC ) NO 565/80 OF 4 MARCH 1980 ON THE ADVANCE PAYMENT OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS ( 7 ) ; WHEREAS TO APPLY BOTH SYSTEMS SIMULTANEOUSLY WOULD HAVE THE EFFECT IN PARTICULAR OF COMPENSATING TRADERS TO AN EXCESSIVE EXTENT IN RESPECT OF CERTAIN OF THEIR FINANCING COSTS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PIGMEAT ,

HAS ADOPTED THIS REGULATION :

1 . AS FROM 24 JANUARY 1983 THE DANISH INTERVENTION AGENCY SHALL GRANT PRIVATE STORAGE AID IN THE PIGMEAT SECTOR IN ACCORDANCE WITH THE DETAILED RULES LAID DOWN IN REGULATION ( EEC ) NO 1092/80 AND IN THIS REGULATION .

ONLY PRODUCTS COMING FROM PIGS SLAUGHTERED IN DENMARK CAN BE SUBJECT TO THIS AID . STORAGE SHALL TAKE PLACE IN THE MEMBER STATE CONCERNED .

THE LIST OF PRODUCTS WHICH QUALIFY FOR AID AND THE RELEVANT AMOUNTS ARE SET OUT IN THE ANNEX HERETO .

2 . IF THE PERIOD OF STORAGE IS EXTENDED OR CURTAILED , THE AMOUNT OF THE AID SHALL BE ADJUSTED ACCORDINGLY . THE AMOUNTS OF THE SUPPLEMENTS AND DEDUCTIONS PER MONTH AND PER DAY ARE SET OUT IN COLUMNS 7 AND 8 OF THE SAID ANNEX .

ARTICLE 2

THE MINIMUM QUANTITIES PER CONTRACT AND PER PRODUCT SHALL BE AS FOLLOWS :

( A ) 30 TONNES FOR CARCASES AND HALF CARCASES ;

( B ) 15 TONNES FOR ALL THE OTHER PRODUCTS .

ARTICLE 3

PLACING OF THE PRODUCTS IN STORAGE SHALL BE COMPLETED WITHIN 24 DAYS FOLLOWING CONCLUSION OF THE CONTRACT .

THE SECURITY SHALL BE 20 % OF THE AMOUNTS OF AID SET OUT IN THE ANNEX .

1 . ON THE EXPIRY OF A STORAGE PERIOD OF TWO MONTHS , THE CONTRACTING PARTY MAY WITHDRAW FROM STORE ALL OR PART OF THE QUANTITY OF MEAT UNDER CONTRACT , SUBJECT TO A MINIMUM OF 10 TONNES , PROVIDED THAT IT IS EXPORTED WITHIN 10 WORKING DAYS AFTER THE DATE OF ITS REMOVAL FROM STORAGE .

IN THIS CASE , THE AMOUNT OF AID SHALL BE REDUCED , IN ACCORDANCE WITH ARTICLE 1 ( 2 ) , THE DAY OF REMOVAL FROM STORAGE BEING THE LAST DAY OF STORAGE .

THE CONTRACTING PARTY SHALL INFORM THE INTERVENTION AGENCY AT LEAST TWO WORKING DAYS BEFORE THE COMMENCEMENT OF REMOVAL OPERATIONS , STATING THE QUANTITIES WHICH IT INTENDS TO EXPORT .

2 . IN CASES OF EXPORT IN ACCORDANCE WITH PARAGRAPH 1 , THE CONTRACTING PARTY SHALL PROVIDE PROOF THAT THE MEAT HAS LEFT THE COMMUNITY'S GEOGRAPHICAL TERRITORY OR HAS BEEN THE SUBJECT OF A DELIVERY WITHIN THE MEANING OF ARTICLE 5 OF REGULATION ( EEC ) NO 2730/79 . THIS PROOF SHALL BE PROVIDED AS UNDER THE REFUND PROCEDURE .

ARTICLE 5

THE SAME PRODUCTS MAY NOT , AT THE SAME TIME , BE SUBJECT TO A PRIVATE STORAGE AID CONTRACT AND TO THE PROVISIONS REFERRED TO IN ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 565/80 .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 19 JANUARY 1983 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION

ANNEX : SEE OJ NO L 16 OF 20 . 1 . 1983 .