CHAPTER IGENERAL PROVISIONS
Article 1
The grant of private storage aid, as provided for in Article 12 of Regulation (EC) No 2529/2001, shall be subject to the conditions set out in this Regulation.
Article 2
1.
Contracts for the private storage of sheepmeat and goatmeat shall be concluded between the intervention agencies of the Member States and natural or legal persons, hereinafter referred to as the ‘contracting party’:
(a)
which have been carrying on business in the meat and livestock sectors for at least 12 months and are officially registered in a Member State; and
(b)
which have suitable storage facilities at their disposal with the Community.
2.
Private storage aid may be granted only for carcasses of lambs less than 12 months old and cuts thereof, of sound and fair merchantable quality coming from animals raised in the Community for at least the previous two months and slaughtered not more than 10 days before the date on which the products are placed in storage as referred to in Article 4(2).
3.
No meat with a radioactive content exceeding the maximum levels permitted under Community regulations may be the subject of a storage contract. The levels applicable to products of Community origin shall be as fixed in Article 3 of Regulation (EEC) No 737/90. The level of radioactive contamination of the product shall be checked only if the situation so requires and for the necessary period. Where necessary, the duration and scope of the checks shall be determined in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 2529/2001.
4.
Contracts may not relate to less than a minimum quantity to be determined for each product.
5.
The meat must be placed in storage in a fresh state and stored in a frozen state.
Article 3
1.
Contract applications or tenders and contracts shall relate to only one of the products for which aid may be granted.
2.
Contract applications or tenders shall not be acceptable unless they include the particulars referred to in paragraph 3(a), (b), (d) and (e), and proof has been furnished that a security has been provided.
3.
Contracts shall include the following particulars:
(a)
a declaration by which the contracting party undertakes to only place in storage and to only store products which fulfil the conditions laid down in Article 2(2) and (3);
(b)
the description and the quantity of the product to be stored;
(c)
the time limit for placing in storage, referred to in Article 4(3), of the total quantity referred to under (b) of this paragraph;
(d)
the duration of storage;
(e)
the amount of the aid per unit of weight;
(f)
the amount of the security;
(g)
a provision enabling the storage period to be shortened or extended under the conditions laid down in Community regulations.
4.
Contracts shall impose at least the following obligations on the contracting party:
(a)
to place the agreed quantity of product in storage within the time limits laid down in Article 4 and to store it at his own risk and expense in conditions ensuring the maintenance of the characteristics of the products referred to in Article 2(2) for the contractual period, without altering, substituting or transferring to another warehouse the stored products; however, in exceptional cases and on duly motivated request, the intervention agency may authorise a relocation of the stored products;
(b)
to advise the intervention agency with which he has concluded the contract, in due time before the entry into storage of each individual lot, within the meaning of the second subparagraph of Article 4(1), of the date and place of storage as well as the nature and quantity of the product to be stored; the intervention agency may require that this information is given at least two working days before the placing in storage of each individual lot;
(c)
to send to the intervention agency the documents relating to the operations for placing in storage not later than one month after the date referred to in Article 4(4);
(d)
to store the products in accordance with the requirements for identification referred to in Article 13(4);
(e)
to permit the agency to check at any time that all the obligations laid down in the contract are being observed.
Article 4
1.
The placing in storage must be completed not later than 28 days after the date of conclusion of the contract.
The products may be placed in storage in individual lots, each lot representing the quantity placed in storage in individual lots, each lot representing the quantity placed in storage on a given day by contract and by warehouse.
2.
Contractors may, under the permanent supervision of the intervention agency and during the period of placing in storage, cut, partially debone or debone all or part of the products, provided that a sufficient quantity of carcasses is employed to ensure the tonnage for which the contract has been concluded is stored and that all the meat resulting from such operation is placed in storage. Intention to make use of this facility shall be notified not later than the day on which placing in storage begins. However, the intervention agency may require that such notification take place at least two working days before the placing in store of each individual lot.
The large tendons, cartilages, bones, pieces of fat and other scraps left over from cutting, partial deboning or deboning may not be stored.
3.
Placing in storage shall begin, for each individual lot of the contractual quantity, on the day on which it comes under the control of the intervention agency.
That day shall be the day on which the net weight of the fresh chilled product is determined:
(a)
at the place of storage, where the meat is frozen on the premises;
(b)
at the place of freezing, where the meat is frozen in suitable facilities outside the place of storage.
However, in the case of meat placed in storage after cutting, partial deboning or deboning, weighing shall be carried out on products effectively placed in storage and may be done at the place of cutting, partial deboning or deboning.
The determination of weights of products to be placed in storage shall not take place before the conclusion of a contract.
4.
Placing in storage ends on the day on which the last lot of the contractual quantity is placed in storage.
That day shall be the day on which all the products under contract have been delivered to the place of final storage, whether fresh or frozen.
Article 5
1.
The amount of the security referred to in Article 3(2) shall not exceed 30 % of the amount of aid applied for.
2.
The primary requirements within the meaning of Article 20(2) of Regulation (EEC) No 2220/85 shall be not to withdraw a contract application or a tender, and not to withdraw a contract application or a tender, and to keep in storage at least 90 % of the contractual quantity for the contractual storage period, at the contracting party's own risk and under the conditions referred to in Article 3(4)(a) of this Regulation.
3.
Article 27(1) of Regulation (EEC) No 2220/85 shall not apply.
4.
Securities shall be released immediately where contract applications or tenders are not accepted.
5.
Where the time limit for placing in storage, as referred to in Article 4(1), is exceeded, the security shall be forfeit in accordance with Article 23 of Regulation (EEC) No 2220/85.
Subject to the provisions of Article 6(3), if the time limit under Article 4(1) is exceeded by more than 10 days, the aid shall not be granted.
Article 6
1.
The amount of aid shall be fixed per unit of weight and shall relate to the weight determined in accordance with Article 4(3).
2.
Subject to paragraph 3 hereafter, contracting parties shall be entitled to aid if the primary requirements referred to in Article 5(2) are met.
3.
Aid shall be paid at most for the contractual quantity provided. If the quantity actually stored during the contractual storage period is less than the contractual quantity and:
(a)
not less than 90 % of that quantity, the aid shall be reduced proportionately;
(b)
less than 90 % but not less than 80 % of that quantity, the aid for the quantity actually stored shall be reduced by half;
(c)
less than 80 % of that quantity, the aid shall not be paid.
4.
After three months of storage under contract, a single advance payment may be made, at the contracting party's request, provided that he lodges a security equal to the advance payment plus 20 %.
The advance payment shall not exceed the amount of aid corresponding to a storage period of three months.
Article 7
1.
Except in cases of force majeure the application for payment of the aid and the supporting documents must be lodged with the competent authority within six months following the end of the maximum contractual storage period. Where the supporting documents could not be produced within the stipulated time limit although the contracting party acted promptly to obtain them on time, additional time limits, which may not exceed a total of six months, may be granted for their production.
2.
Subject to the cases of force majeure referred to in Article 10 and cases where an inquiry has been opened into entitlement to the aid, the aid shall be paid by the competent authority as soon as possible and not later than three months from the day of deposit of an application for payment, with the required supporting documents, by the contracting party.
Article 8
The operative events for the exchange rate applicable to the aid and to the securities shall be those referred to in Articles 2(5) and 10 respectively of Regulation (EC) No 1913/2006.
Article 9
1.
The periods, dates and time limits referred to in this Regulation shall be determined in accordance with Regulation (EEC, Euratom) No 1182/71. However, Article 3(4) of that Regulation shall not apply to the determination of the storage period as referred to in Article 3(3)(d) of this Regulation or as amended under Article 3(3)(g) of this Regulation.
2.
The first day of the contractual storage period shall be the day following that on which placing in storage was completed.
3.
Removal from storage may commence on the day following the last day of the contractual storage period.
4.
The contracting party shall advise the intervention agency in good time before the intended commencement of removal from storage; the intervention agency may require that this information is given at least two working days before that date.
Where the obligation to notify the intervention agency is not complied with but where sufficient evidence has been furnished, within 30 days following removal from the warehouse, to the satisfaction of the competent authority as to the date of removal from storage and the quantities concerned aid shall be granted, without prejudice to Article 6(3) and 15 % of the security shall be declared forfeited in respect of the quantity concerned.
For all other cases of non-compliance with this obligation, no aid shall be paid in respect of the contract concerned, and the whole of the security shall be declared forfeited in respect of the contract concerned.
5.
Subject to the cases of force majeure referred to in Article 10, where the contracting party fails to observe the end of the contractual storage period, each calendar day of non-compliance shall entail a reduction of 10 % in the amount of aid for the contract in question.
Article 10
In cases of force majeure where the performance of the contractual obligations of a contracting party are affected, the competent authority of the Member State concerned shall decide on the measures which it deems necessary having regard to the circumstances invoked. That authority shall inform the Commission of each case of force majeure and of the action taken in respect thereof.