e No L 333/22 Official Journal of the European Communities 30. 11. 90 COMMISSION REGULATION (EEC) No 3444/90 of 27 November 1990 laying 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 pigmeat ('), as last amended by Regulation (EEC) No 1249/89 (%), 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 agriculture (%), as last amended by Regulation (EEC) No 2205/90 (%), 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 2763/75 (%) ; 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 964/71 (%), 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 station ('); 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 () OJ No L 282, 1. 11. 1975, p. 1. () OJ No L 129, 11. 5. 1989, p. 12. () O] No L 164, 29. 6. 1985, p. 1. () OJ No L 201, 31. 7. 1990, p. 9. () O] No L 282, 1. 11. 1975, p. 19. (9 OJ No L 104, 11. 5. 1971, p. 12. () OJ No L 82, 29. 3. 1990, p. 1. 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 products (]), as amended by Regula- tion (EEC) No 2026/83(°), 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 products (%), as last amended by Regulation (EEC) No 3745/89 ('), 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 (® OJ No L 62, 7. 3. 1980, p. S. () OJ No L 199, 22. 7. 1983, p. 12. () OJ No L 205, 3. 8. 1985, p. S. (") OJ No L 364, 14. 12. 1989, p. 54.