1993R2700 — EN — 01.01.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2700/93
of30September1993
on detailed rules for the application of the premium in favour of sheepmeat and goatmeat
producers
(OJ L 245, 1.10.1993, p. 99)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 80/94 of 18 January 1994 L 16 1 19.1.1994
►M2Commission Regulation (EC) No 279/94 of 8 February 1994 L 37 1 9.2.1994
►M3Commission Regulation (EC) No 2946/95 of 18 December 1995 L 308 26 21.12.1995
►M4Commission Regulation (EC) No 1526/96 of 30 July 1996 L 190 21 31.7.1996
►M5Commission Regulation (EC) No 1410/1999 of 29 June 1999 L 164 53 30.6.1999
►M6Commission Regulation (EC) No 394/2001 of 27 February 2001 L 58 9 28.2.2001
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COMMISSIONREGULATION(EEC)No2700/93
of30September1993
on detailed rules for the application of the premium in favour of
sheepmeatandgoatmeatproducers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3013/89 of 25
September 1989 on the common organization of the market in
sheepmeat and goatmeat(
1), as last amended by Regulation (EEC) No
363/93(2), and in particular Article 5 (9) thereof,
Having regard to Council Regulation (EEC) No 3493/90 of 27
November 1990 laying down general rules for the granting of premiums
to sheepmeat and goatmeat producers(3), as last amended by Regulation
(EEC) No 2070/92(4), and in particular the second paragraph of Article
1 thereof,
Having regard to Council Regulation (EEC) No 3813/92 of 28
December 1992 on the unit of account and the conversion rates to be
applied for the purposes of the common agricultural policy(5), and in
particular Article 6 (2) thereof,
Whereas the ewe premium scheme referred to in Article 5 of Regulation
(EEC) No 3013/89 falls within the scope of Council Regulation (EEC)
No 3508/92 of 27 November 1992 establishing an integrated adminis-tration and control system for certain Community aid schemes(
6)
(hereinafter referred to as the ‘integrated system’); whereas, pursuant toCommission Regulation (EEC) No 3887/92 of 23 December 1992 layingdown detailed rules for applying the integrated administration and
control system for certain Community aid schemes(
7), the aid
applications and the integrated control system referred to in Article 2of Regulation (EEC) No 3508/92 are applicable to the ewe and female-goat premiums from the 1994 marketing year;
Whereas the integrated system contains the essential elements of
Commission Regulation (EEC) No 3007/84 of 26 October 1984 layingdown detailed rules for the application of the premium for producers ofsheepmeat(
8), as last amended by Regulation (EEC) No 3204/92(9);
whereas Regulation (EEC) No 3007/84 should be repealed;
Whereas the provisions of Regulation (EEC) No 3007/84 which have
not been included in the integrated system should be consolidated, inparticular the period for the lodging of applications, the duration of theretention period on holdings, the conversion rate to be applied onpayment of the premium and/or advances; whereas, pending the
application of Council Directive 92/102/EEC of 27 November 1992
on the identification and registration of animals(
10), it is appropriate to
lay down the minimum conditions required of the monitoring systemimplemented by Member States planning to carry out inspectionsoutside the holding period;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Sheep and Goats,1993R2700 — EN — 01.01.2001 — 002.001 — 2
(1) OJ No L 289, 7. 10. 1989, p. 1.
(2) OJ No L 42, 19. 2. 1993, p. 1.
(3) OJ No L 337, 4. 12. 1990, p. 7.
(4) OJ No L 215, 30. 7. 1992, p. 63.
(5) OJ No L 387, 31. 12. 1992, p. 1.
(6) OJ No L 355, 5. 12. 1992, p. 1.
(7) OJ No L 391, 31. 12. 1992, p. 36.
(8) OJ No L 283, 27. 10. 1984, p. 28.
(9) OJ No L 319, 4. 11. 1992, p. 7.
(10) OJ No L 355, 5. 12. 1992, p. 32.
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HAS ADOPTED THIS REGULATION:
Article 1
Applications
1. In addition to the requirements under the integrated management
and control system relating to certain Community aid schemes, pursuantto Regulations (EEC) No 3508/92 and (EEC) No 3887/92, producers
must indicate in the premium applications whether they are marketing
sheep's milk, or milk products based on sheep's milk, during themarketing year in respect of which the premium is requested.
2. Applications for a premium in favour of sheepmeat and goatmeat
producers shall be submitted to the authority designated by the MemberState in the territory in which the holding is situated during a fixed
period within aperiod commencing on 1 November preceding the
commencement of the marketing year and ending on 30 April followingthe commencement of the marketing year in respect of which theapplications are submitted.
However, in the case of Italy, premium applications may be centralized;
in this case the authority designated by the Member State in the territory
in which the holding is situated shall receive a copy of each application.
Instead of one period, Member States may decide on two non-
consecutive periods for the submission of applications within the aboveperiod. In that event, a producer in such Member States may submit hispremium application only during one of the two periods.
However, the United Kingdom may set one (or two) different period(s)
in respect of Northern Ireland from that (those) set for Great Britain.
3. The retention period during which the producer undertakes to keep
on his holding, within the meaning of Article 1 (3) of Regulation (EEC)No 3493/90, the number of ewes and/or she goats in respect of which thepremium is requested shall be 100, days starting on the last day of the
period for the submission of applications referred to in paragraph 2.
Before all or some of that number of ewes and/or she goats in respect of
which the premium is requested are placed in agistment during theretention period, the animals concerned must be identified. Furthermore,as from the 1995 marketing year, the place (or places) of retention mustbe indicated in the premium application as well as, where applicable, the
period (or periods) concerned. In the event of a change of place or date
relating to that period, the producer shall give prior written notificationthereof to the competent authority.
Article 3 (4) of Council Regulation (EEC, Euratom) No 1182/71(
1) shall
not apply for the determination of the aforesaid 100-day period.
4. Each application shall cover at least 10 ewes and/or goats.
Article 1 a
Application for specific aid in certain less-favoured areas (Regulation
(EEC) No 1323/90):
1. In order to benefit from the specific aid provided for in Article 1 of
Regulation (EEC) No 1323/90, a producer fullfilling the conditionslaid down in the second subparagraph of Article 2(2) of Regulation(EEC) No 3493/90:
(a) who is required to submit each year a declaration of the total
utilised agricultural area of his holding, by means of an ‘area’ aid1993R2700 — EN — 01.01.2001 — 002.001 — 3
(1) OJ No L 124, 8. 6. 1971, p. 1.▼M1
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application form, as provided for in Article 4 of Regulation
(EEC) No 3887/92 laying down detailed rules for applying theintegrated administration and control system for certain Commu-
nity aid schemes, shall indicate in that declaration those parcels
which are located in less-favoured areas and are used foragriculture;
(b) who is not required to submit the declaration referred to under
(a), shall submit each year a specific declaration using, whereappropriate, the system for identifying agricultural parcelsprovided for under the integrated system. That declaration shall
indicate the location of all the land he owns, rents or uses under
whatever arrangements, indicating its area and detailing thoseparcels which are located in less-favoured areas and are used foragriculture. Member States may provide for the specificdeclaration to be included in the application for the ewe and/orgoat premium.
2. The competent national authority may demand presentation of a
property deed, a rental contract or a written agreement between
producers and, where appropriate, an attestation from the local or
regional authority which has made land used for agriculture availableto the producer concerned. The attestation shall indicate the area ofland granted to the producer and the parcels located in less-favouredareas.
3. The Member States may demand that, in the case referred to in
paragraph 1(b), the specific declaration be made by means of an
‘area’ aid application form.
4. Member States shall inform the Commission before 30 June of each
marketing year of the number and regional location of the producers
justifying their claim to premium by means of the attestation referredto in paragraph 1(b).
5. The producer's ‘area’ declaration and specific declaration must be
checked in accordance with Articles 6 and 7 of Regulation (EEC) No3887/92. The areas actually determined by the abovementionedprocedure shall be used for calculating the percentage of the area ofthe holding used for agriculture located in less-favoured areas in
relation to the total area of the farm which is being used for
agriculture.
6. Where the abovementioned documents as presented by the farmer
indicate that at least 50 % of the area used for agriculture is located inless-favoured areas, but where on the occasion of a check or controlthe percentage actually determined is below 50 %, the specific aidshall not be paid and the ewe premium shall be reduced by apercentage equivalent to the difference between the percentage
actually determined and 50 %.
However, in the case of a false declaration made intentionally or as a
result of serious negligence:
— the producer in question shall be excluded from the ewe/goat
premium scheme for the marketing year in question, and,
— in the case of a false declaration made intentionally, from that
scheme for the following marketing year.
The reduction shall not be applied if the producer can show that
determination of the area was based on information recognised by thecompetent authority.
Article 2
Notification
Member States shall notify the Commission:
— by 31 July of each year at the latest of the information relating to
premium applications submitted during the period referred to inArticle 1 (2). For that purpose they shall use the model form includedin Annex I.1993R2700 — EN — 01.01.2001 — 002.001 — 4
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— by 31 July of the year following the abovementioned period, of the
information relating to the number of ewes which qualified for thepremium for lambs fattened as heavy carcases during the period
referred to in Article 1 (2). For that purpose they shall use the model
form included in Annex II.
The information referred to in the above indents shall be made available
to the national bodies responsible for drawing up official statistics in the
sheepmeat and goatmeat sector, at their request.
Article 3
Eligibility
1. The premium referred to in Article 5 of Regulation (EEC) No
3013/89 shall be due for the number of each category of eligible animal
which the producer keeps on his holding during the retention period
referred to in Article 1 (3).
2. For the purposes of controlling premium applications, animals
satisfying the conditions provided for in the definitions referred to inArticle 1 (4) and (5) of Regulation (EEC) No 3493/90 on the final day of
the retention period shall be considered eligible animals.
Article 4
Controls
1. On-the-spot inspections shall be carried out in accordance with
Article 6 of Regulation (EEC) No 3887/92, and the system for thepermanent recording of livestock movements must comply with therules laid down by Article 4 of Directive 92/102/EEC.
However, for the 1994 marketing year, if a Member State has not yet
implemented the recording system referred to in the first subparagraph,it may introduce a recording system capable of permanently and clearlyreflecting the actual livestock situation. The system must include thefollowing information:
— number of ewes and/or female goats present on the holding on a date
to be fixed by the Member State,
— date of lambing and number of females covered for the first time,
— date of purchases of ewes and/or goats with an indication of the
number and the vendor, or the place of purchase in the case of anauction sale,
— date of sales of ewes and/or goats, with an indication of the number
and the purchaser, or the place of sale in the case of an auction sale,
— cases of force majeure and natural circumstances bringing about a
reduction in the number of ewes and/or goats indicating the date, the
number of livestock affected and the cause.
Member States covered by the preceding subparagraph shall notify the
Commission of national provisions adopted to that end prior to thecommencement of the 1994 marketing year.
In such Member States at least 50 % of the minimum number of
inspections required shall be carried out during the retention period, andthe granting of the premium shall be subject to the condition that theproducer keep a register permitting the implementation of the permanent
recording system.
2. For each marketing year Member States shall draw up an inventory
of sheep producers marketing sheep's milk and sheep's milk products.The inventory shall be drawn up on the basis of the producers'
declarations referred to in Article 1 (1). In addition, Member States
shall, when drawing up the inventory, take account of the results ofcontrols and any other source of information available to the competentauthority, in particular information provided by processors or distribu-tors relating to the marketing of sheep's milk and sheep's milk productsby producers.1993R2700 — EN — 01.01.2001 — 002.001 — 5
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Article 5
Payment
1. The advance payments provided for in the second subparagraph of
Article 5 (6) of Regulation (EEC) No 3013/89 may under no
circumstances be paid prior to the end of the retention period referred
to in Article 1 (3).
2. The premium and, where an advance payment has been paid, the
balance shall be paid prior to 15 October following the end of themarketing year in respect of which the premium has been granted.
3. The premium payable per eligible animal and the advance on the
estimated premium per eligible animal — where an advance has beenpaid — shall be paid only if the amount fixed per head of sheep is
greater than or equal to ECU 1.
Article 6
Conversionrate
1. The conversion rate to be applied to the amount of the advance
payment referred to in the second subparagraph of Article 5(6) ofRegulation (EC) No 2467/98 shall be the average of the exchange ratesapplicable during the month before the first day of the marketing year inrespect of which the premium is granted, calculated pro rata temporis.
2. The conversion rate to be applied:
— to the amount of the premium and of the balance referred to in the
fourth subparagraph of Article 5(6) of Regulation (EC) No 2467/98,
— to the amount of the premium and of the balance referred to above in
the event that payment is carried forward to the following marketingyear,
and
— to the amount of the deduction referred to in Article 4 of Regulation
(EEC) No 3493/90,
shall be the average of the exchange rates applicable during the month
before the last day of the marketing year in respect of which thepremium is granted, calculated pro rata temporis .
Article 7
Implementingmeasures
Where necessary, Member States shall take the measures needed to
ensure compliance with the provisions of this Regulation and shall
notify the Commission of said measures.
Article 8
Repeal
Regulation (EEC) No 3007/84 is hereby repealed.
Article 9
Entryintoforce
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities.
It shall apply from the 1994 marketing year.1993R2700 — EN — 01.01.2001 — 002.001 — 6
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ANNEX I
1993R2700 — EN — 01.01.2001 — 002.001 — 7
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ANNEX II
1993R2700 — EN — 01.01.2001 — 002.001 — 8