30. 11. 90 Official Journal of the European Communities No L 333/39 COMMISSION REGULATION (EEC) No 3446/90 of 27 November 1990 laying down detailed rules for granting private storage aid for sheepmeat and goatmeat THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat ('), and in parti- cular Article 7 (4) and 28 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 1636/87 (%), and in particular Article 5 (3) and 12 thereof, Whereas detailed rules for granting private storage aid for sheepmeat and goatmeat must be adopted in addition to the general rules laid down by Council Regulation (EEC) No 2644/80 (%) ; 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 provision should be made to ensure that the animals involved are slaughtered exclusively in slaughter- houses which are approved and supervised in accordance - with the provisions of Council Directive 64/433/EEC ("), as last amended by Directive 89/662/EEC (%); Whereas, to make the scheme more effective, contracts must relate to a certain minimum quantity, differentiated () OJ No L 289, 7. 10. 1989, p. 1. () O] No L 164, 29. 6. 1985, p. 1. () OJ No L 201, 31. 7. 1990, p. 9. (9 OJ No L 275, 18. 10. 1980, p. 8. () OJ No L 104, 11. S. 1971, p. 12. 9 O] No L 82, 29. 3. 1990, p. 12. () OJ No 121, 29. 7. 1964, p. 2012/64. () OJ No L 395, 30. 12. 1989, p. 13. 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 sheepmeat and goatmeat ; whereas, to take account of commercial prac- tice 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 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; Whereas, pursuant to Article 5 of Regulation (EEC) No 1676/8S, 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, () OJ No L 205, 3. 8. 1985, p. 5. (%) OJ No L 364, 14. 12. 1989, p. S4.