Commission Regulation (EEC) No 3444/90 of 27 November 1990 laying down detailed rules for granting private storage aid for pigmeat
Modified by
  • Commission Regulation (EC) No 3533/93 of 21 December 1993, 393R3533, December 23, 1993
  • Commission Regulation (EC) No 851/2003of 16 May 2003amending Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat, 303R0851, May 17, 2003
  • Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 397R1103, June 19, 1997
  • Commission Regulation (EC) No 1913/2006of 20 December 2006laying down detailed rules for the application of the agrimonetary system for the euro in agriculture and amending certain regulations, 306R1913, December 21, 2006
Commission Regulation (EEC) No 3444/90of 27 November 1990laying down detailed rules for granting 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 pigmeatOJ No L 282, 1. 11. 1975, p. 1., as last amended by Regulation (EEC) No 1249/89OJ No L 129, 11. 5. 1989, p. 12., and in particular Articles 5(4) and 7(2) and the second subparagraph of Article 22 thereof, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the rates of exchange to be applied in agricultureOJ No L 164, 29. 6. 1985, p. 1., as last amended by Regulation (EEC) No 2205/90OJ No L 201, 31. 7. 1990, p. 9., and in particular Articles 5(3) and 12 thereof, Whereas detailed rules for granting private storage aid for pigmeat must be adopted in addition to the general rules laid down by Council Regulation (EEC) No 2763/75OJ No L 282, 1. 11. 1975, p. 19.; 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 products in frozen condition, of sound and fair merchantable quality and of Community origin as defined by Commission Regulation (EEC) No 964/71OJ No L 104, 11. 5. 1971, p. 12., 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 stationOJ No L 82, 29. 3. 1990, p. 1.; 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 productsOJ No L 62, 7. 3. 1980, p. 5., as amended by Regulation (EEC) No 2026/83OJ No L 199, 22. 7. 1983, p. 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 productsOJ No L 205, 3. 8. 1985, p. 5., as last amended by Regulation (EEC) No 3745/89OJ No L 364, 14. 12. 1989, p. 54., 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 pigmeat; 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 enabled 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 aid, 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 1182/71OJ No L 124, 8. 6. 1971, p. 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 be 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 productsOJ No L 351, 14. 12. 1987, p. 1., as last amended by Regulation (EEC) No 1615/90OJ No L 152, 16. 6. 1990, p. 33.; Whereas Article 4 (1) of Regulation (EEC) No 2763/75 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 this procedure; whereas, however, 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 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 it is appropriate that the Member States make checks appropriate to the various stages of storage; Whereas there is reason to prevent and to sanction against irregularities and fraud; whereas for this purpose, it is appropriate to exclude in the case of false declaration the contracting party from the granting of aids for private storage for the calendar year following that of the constitution of a false declaration; Whereas, to give the Commission an overall view of the effect of the private storage scheme, the Member States should supply it with the necessary information; Whereas Commission Regulation (EEC) No 1092/80 of 2 May 1980 laying down detailed rules for granting private storage aid for pigmeatOJ No L 114, 3. 5. 1980, p. 22., as last amended by Regulation (EEC) No 3498/88OJ No L 306, 11. 11. 1988, p. 32., has been amended substantially; whereas, now that further amendments are to be made, the relevant legislation should be entirely recast; whereas, however, the new provisions should apply only to contracts concluded after the entry into force of this Regulation; Whereas the Management Committee for Pigmeat has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION:
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