Avis juridique important

Commission Regulation (EC) No 2722/95 of 24 November 1995 on special conditions for the granting of private storage aid for pigmeat Official Journal L 283 , 25/11/1995 P. 0009 - 0011

COMMISSION REGULATION (EC) No 2722/95 of 24 November 1995 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 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 the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Articles 4 (6) and 5 (4) 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 intervention measures must be taken; whereas these can be limited to the granting of private storage aid; Whereas Article 3 of Council Regulation (EEC) No 2763/75 (3) provides for the possibility of curtailing or extending the storage period; whereas, therefore, provision 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 the measures allowing early removal from storage, provided for in Article 9 (4) of Commission Regulation (EEC) No 3444/90 (4), as amended by Regulation (EEC) No 3533/93 (5), should no longer apply in order to ensure equal treatment of all products regardless of their destination; Whereas the Management Committee for Pigmeat has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 1. As from 27 November 1995 applications for private storage aid may be introduced in accordance with the provisions of Regulation (EEC) No 3444/90. 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 5 and 6 of the said Annex. Article 2 The minimum quantities per contract and per product shall be as follows: (a) 10 tonnes for boned products; (b) 15 tonnes for all the other products. Article 3 The security shall be 20 % of the amounts of aid set out in the Annex. Article 4 The contractor cannot remove from storage all or part of the quantity of products under contract as foreseen in Article 9 (4) of Regulation (EEC) No 3444/90. Article 5 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, 24 November 1995. For the Commission Franz FISCHLER Member of the Commission ANNEX >TABLE>

COMMISSION REGULATION (EC) No 2722/95 of 24 November 1995 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 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 the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Articles 4 (6) and 5 (4) 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 intervention measures must be taken; whereas these can be limited to the granting of private storage aid;

Whereas Article 3 of Council Regulation (EEC) No 2763/75 (3) provides for the possibility of curtailing or extending the storage period; whereas, therefore, provision 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 the measures allowing early removal from storage, provided for in Article 9 (4) of Commission Regulation (EEC) No 3444/90 (4), as amended by Regulation (EEC) No 3533/93 (5), should no longer apply in order to ensure equal treatment of all products regardless of their destination;

Whereas the Management Committee for Pigmeat has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

1. As from 27 November 1995 applications for private storage aid may be introduced in accordance with the provisions of Regulation (EEC) No 3444/90. 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 5 and 6 of the said Annex.

Article 2

The minimum quantities per contract and per product shall be as follows:

(a) 10 tonnes for boned products;

(b) 15 tonnes for all the other products.

Article 3

The security shall be 20 % of the amounts of aid set out in the Annex.

Article 4

The contractor cannot remove from storage all or part of the quantity of products under contract as foreseen in Article 9 (4) of Regulation (EEC) No 3444/90.

Article 5

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, 24 November 1995.

For the Commission Franz FISCHLER Member of the Commission

ANNEX

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