Commission Regulation (EC) No 907/2000 (repealed)Show full title

Commission Regulation (EC) No 907/2000

of 2 May 2000

laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards aid for private storage in the beef and veal sector (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), and in particular Article 26(5), Article 41 and Article 48(2) thereof,

Whereas:

(1) Regulation (EC) No 1254/1999 provides for market support in the form of private storage aid for beef and veal. However, from 1 July 2002, such aid will only be available where the average Community price for carcases of male bovine animals falls below 103 % of the basic price. In order to take account of the new arrangements and in the interests of clarity, it is necessary to recast Commission Regulation (EEC) No 3445/90 of 27 November 1990 laying down detailed rules for granting private storage aid for beef and veal(2), as last amended by Regulation (EC) No 3533/93(3).

(2) If it is to achieve its purpose, private storage 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.

(3) For the same reasons, aid should be granted only for the storage of products of sound and fair merchantable quality having obtained the health mark referred to in Chapter XI of Annex I to Council Directive 64/433/EEC of 26 June 1964 on health conditions for the production and marketing of fresh meat(4), as last amended by Directive 95/23/EC(5). The products should be of Community origin and be derived from animals raised in conformity with the prevailing veterinary requirements. Furthermore, the meat should comply with the maximum radioactivity levels permitted under Community law.

(4) 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 at which they are placed in storage: it is appropriate, if he does so, to determine the conditions under which the meat which is the subject of a storage contract could be simultaneously placed under the arrangements contained 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(6), as amended by Regulation (EEC) No 2026/83(7), in order to qualify for the advance payment of export refunds.

(5) To make the scheme more effective, contracts should relate to a certain minimum quantity, differentiated by product as appropriate, and the obligations to be fulfilled by the contracting party should be specified, in particular those enabling the intervention agency to make an effective inspection of storage condition.

(6) The amount of the security designed to ensure compliance with the contractual obligations should be fixed as a percentage of the aid.

(7) 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(8), as last amended by Regulation (EC) No 1932/1999(9), the primary requirements to be met for the release of the security should be defined. 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. To take account of commercial practice and for practical reasons, a certain margin of tolerance in respect of the aid quantity should be permitted.

(8) 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.

(9) 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.

(10) Rules should be laid down for determining the exchange rates to be applied on amounts of aid and on securities.

(11) Previous experience with other schemes for the private storage of agricultural products has shown the need to specify to what extent Council Regulation (EEC, Euratom) No 1182/71(10) 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.

(12) Provision should be made for a measure of proportionality in the granting of aid where the storage period is not fully observed. Provisions should also be made for the storage period to be shortened where meat removed from storage is intended for export. Proof that the meat has been exported should be supplied, as in the case of refunds, in accordance with Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products(11).

(13) The amount of aid for private storage may be fixed in advance. Appropriate measures should be laid down in order to avoid excessive or speculative use of such a scheme. Such measures may provide for a reflection period in order to allow the market situation to be assessed before decisions on applications are notified. Furthermore, where appropriate, provisions should be made for special measures applying in particular to pending applications.

(14) The amount of aid for private storage may also be fixed through a tendering procedure. Following submission of tenders, a maximum amount of aid may be fixed. No action shall be taken where no tender is acceptable.

(15) Provision should be made for a system of checks to ensure that aid is not granted unduly. For this purpose the Member States should make checks appropriate to the various stages of storage.

(16) Steps should be taken to prevent and, where necessary, penalise irregularities and fraud. For this purpose it is appropriate, in the event of false declaration, to exclude the contracting party from the granting of aids for private storage for the calendar year following that in which a false declaration was detected. Furthermore, for minor irregularities Member States should impose appropriate penalties.

(17) To give the Commission an overall view of the effect of the private storage aid scheme, Member States should supply it with the requisite information.

(18) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 160, 26.6.1999, p. 21.

(2)

OJ L 333, 30.11.1990, p. 30.

(3)

OJ L 321, 23.12.1993, p. 9.

(4)

OJ 121, 29.7.1964, p. 2012/64.

(5)

OJ L 243, 11.10.1995, p. 7.

(6)

OJ L 62, 7.3.1980, p. 5.

(7)

OJ L 199, 22.7.1983, p. 12.

(8)

OJ L 205, 3.8.1985, p. 5.

(9)

OJ L 240, 10.9.1999, p. 11.

(10)

OJ L 124, 8.6.1971, p. 1.

(11)

OJ L 102, 17.4.1999, p. 11.