3493/90 - - - I
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COUNCIL REGULATION (EEC) No 3493/90
of 27 November 1990
laying down general rules for the grant of premiums to sheepmeat and goatmeat producers
(OJ No L 337, 4. 12. 1990, p. 7)
Amended by:
Official Journal
No page date
Council Regulation (EEC) No 3797/91 of 19 December 1991 L 357 2 28. 12. 1991
Council Regulation (EEC) No 2070/92 of 30 June 1992 L 215 63 30. 7. 1992Council Regulation (EC) No 233/94 of 24 January 1994 L 30 9 3. 2. 1994
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ICOUNCIL REGULATION (EEC) No 3493/90
of 27 November 1990
laying down general rules for the grant of premiums to sheepmeat and goatmeat producers
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic 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 (
1), and in particular
Article 5 (8) thereof,
Having regard to the proposal from the Commission,
Whereas article 5 of Regulation (EEC) No 3013/89 lays
down that to offset any income loss by sheepmeat and
goatmeat producers a premium is to be granted; whereas
the beneficiaries under the said measure should therefore
be specified;
Whereas the same article lays down limits as regards eligi-
bility for the premium which vary according to whether the
beneficiary’s holding is located in a less-favoured area
within the meaning of Council Directive 75/268/EEC of
28 April 1975 on mountain and hill farming and farming in
certain less-favoured areas (2), as last amended by Regula-
tion (EEC) No 797/85 (3)o rn o t ;w h e r e a s ,s oa st oe n s u r e
equal treatment of applicants, rules should be laid down
for the applicatgion (SIC! application) of the said limits
where the holding is located partly in a less-favoured area
and, by analogy, in cases where the beneficiary practises
transhumance of his flock to a less-favoured area during a
sufficiently long period; whereas, to that end, the criteria
on which a beneficiary is to be regarded as being engaged
in farming on terms similar to those of farmers whose
holdings are located entirely in less-favoured areas should
be laid down; whereas, therefore, the term ‘holding’ must
be defined; whereas the conditions for the application of
the abovementioned limits in the case of producer groups
should also be specified;
(1) OJ No L 289, 7. 10. 1989, p. 4.
(2) OJ No L 128, 19. 5. 1975, p. 1.
(3) OJ No L 93, 30. 3. 1985, p. 1.
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IIWhereas the practical application of the present definitions
of the terms ‘eligible ewe’, ‘eligible she-goat’ and ‘eligible
female of the ovine species other than eligible ewe’ laid
down in Council Regulation (EEC) No 872/84 of
31 March 1984 laying down general rules for the granting
of premiums to sheepmeat producers (1), as last amended
by Regulation (EEC) No 1970/87 (2), results in difficulties
of control; whereas those terms must be redefined in view
of experience gained; whereas discussions on formulating
new definitions have revealed administrative difficulties
that are as yet unresolved; whereas it should therefore be
stipulated that the present definitions will remain in force
for the 1991 marketing year, pending a Council decision to
be taken not later than 31 May 1991;
Whereas, for reasons of efficient management, provisions
should be made to postpone payment of premiums to the
following marketing year in cases where the unit amount isvery small; whereas, however, where the amount of the ad-
vance payments made during a marketing year is higher
than the amount of the premium payable in respect of the
marketing year in question, provision should be made for
the difference to be deducted from the amount of the pre-
mium payable in respect of the following marketing year,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 90, 1. 4. 1984, p. 40.
(2) OJ No L 184, 3. 7. 1987, p. 23.
3493/90 - - - I
1Article 1
For the purposes of this Regulation:
1. ‘sheepmeat and/or goatmeat producer’ means: an indi-
vidual farmer, whether a natural or a legal person,
who, on a permanent basis, assumes the risks and/or
organizes the rearing of at least 10 ewes or, in the case
of the areas referred to in Article 5 (5) of Regulation
(EEC) No 3013/89, 10 ewes and/or she-goats within
the territory of a single Member State. For the pur-
poses of applying this Regulation, the farmer is the
owner of the flock, except for special cases still to be
determined which arise from contractual forms pro-
vided for in agricultural law or covered by national
customs and practices under which the farmer, while
assuming the risks and/or organization of the rearing,
is not the owner of all or part of the flock;
2. ‘producer group’ means: any form of group, association
or cooperation involving reciprocal rights and obliga-
tions between producers of sheepmeat and/or goat-
meat. Associations the object of which is the joint rear-
ing of the flock in a such a manner that ownership of
it cannot be attributed to its members individually are
also considered to be producer groups, provided that it
is established that those members personally assume
the risks and/or the organization of rearing;
3. ‘holding’ means: all production units managed by the
producer or made available to him and located within
the territory of one and the same Member State;
4. ‘eligible ewe’ means: any female of the ovine species
having lambed at least once or aged at least one year;
5. ‘eligible she-goat’ means: any female of the caprine
species having kidded at least once or aged at least
one year.
The Commission shall, acting in accordance with the pro-cedure laid down in Article 30 of Regulation (EEC)
No 3013/89, adopt the implementing provisions for this Ar-
ticle and in particular for the special cases referred to in
point 1 thereof and the arrangements for fixing the limits
provided for in Article 5 (7) of Regulation (EEC)
No 3013/89 with regard to the producer groups.3493/90
2070/92
3493/90
3493/90 - - - I
2Article 2
2. ‘Producer in a less-favoured area’ means any producer
of sheepmeat or goatmeat within the meaning of Article 1
(1) whose holding is located in the areas defined pursuant
to Article 3 (3), (4) and (5) of Directive 75/268/EEC.
A producer of sheepmeat or goatmeat whose holding has
at least 50 % of its agricultural area utilized for farming
within the meaning of Article 5b of Council Regulation
(EEC) No 571/88 of 29 February 1988 on the organization
of Community surveys on the structure of agriculture hold-
ings between 1988 and 1997 (3)a sa m e n d e db yR e g u l a t i o n
(EEC) No 807/89 (4) in such areas and is used for sheep
and/or goat production shall also be regarded as a pro-
ducer in a less-favoured area.
3. Furthermore, a farmer practising transhumance shall
be regarded as a producer in a less-favoured area providedthat:
— at least 90 % of the animals for which the premium is
applied are grazed for at least 90 consecutive days in
the areas defined in Article 3 (3), (4) and (5) of Direc-
tive 75/268/EEC, and
— the seat of the holding is situated in a well-defined
geographical area for which it has been established
that transhumance is a traditional practice of sheep
and/or goat rearing and that these animal movements
are necessary owing to the absence of forage in suffi-
cient quantity during the transhumance period.
4. The Commission shall, acting in accordance with the
procedure laid down in Article 30 of Regulation (EEC)
No 3013/89, determine in particular the geographical areas
referred to in paragraph 3.
Article 3
The ewe premiums referred to in Article 5 of Regulation
(EEC) No 3013/89 shall be paid only if they exceed an
amount to be determined in accordance with the pro-
cedure laid down in Article 30 of the said Regulation;
where a premium is less than this amount, it shall be
added to the premium payable per ewe in respect of the
following marketing year in the region or regions con-
cerned.
(3) OJ No L 56, 2. 3. 1988, p. 1.
(4) OJ No L 86, 31. 3. 1989, p. 1.3493/90
233/94 - - - deleted
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3Article 4
Where it is noted, after the end of a marketing year, that
the amount of the advance payments aid pursuant to Ar-
ticle 5 (6) of Regulation (EEC) No 3013/89 is higher than
the amount of the premium payable per ewe in respect of
the marketing year in question, an amount corresponding
to the difference shall be deducted from the amount of the
premium payable per ewe to be paid in respect of the fol-
lowing marketing year.
Article 5
Regulation (EEC) No 872/84 is hereby repealed, with the
exception of Article 1 (2), (3) and (4), and of the Annex,
application of which shall be limited to the premiums to
be paid in respect of the 1992 marketing year.
Article 6
This Regulation shall enter into force on the third day fol-
lowing its publication in the Official Journal of the Euro-
pean Communities.
It shall apply to premiums paid in respect of the 1991
marketing year and subsequent marketing years.3493/90
3797/91
3797/91 - - - deleted
3493/90