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"B COMMISSION REGULATION (EC) No 2342/1999
of 28 October 1999
laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the common organisation of
the market in beef and veal as regards premium schemes
(OJ L 281, 4.11.1999, p. 30)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1042/2000 of 18 May 2000 L 118 4 19.5.2000
"M2 Commission Regulation (EC) No 1900/2000 of 7 September 2000 L 228 25 8.9.20001999R2342 — EN — 01.01.2000 — 001.001 — 1
COMMISSION REGULATION (EC) No 2342/1999
of 28 October 1999
laying down detailed rules for the application of Council Regulation (EC)
No 1254/1999 on the common organisation of the market in beef and veal
as regards premium schemes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on
the common organisation of the market in beef and veal (1), and in particular
Articles 4(8), 5(5), 6(7), 7(5), 8(4), 9(4), 10(3), 11(5), 12(3), 13(5), 20, 23(3)
and 50 thereof,
Whereas:
(1) Regulation (EC) No 1254/1999 set up a new system of premiums to
replace the system set out in Council Regulation (EEC) No 805/68 (2).
In order to take account of the new arrangements, it is necessary toamend Commission Regulation (EEC) No 3886/92 of 23 December1992 laying down detailed rules for the application of the premium
schemes provided for in Council Regulation (EEC) No 805/68 on the
common organisation of the market in beef and repealing Regulations(EEC) No 1244/82 and (EEC) No 714/89 (
3), as last amended by
Regulation (EC) No 1410/1999 (4) and, on the occasion of the
amendment, Regulation (EEC) No 3886/92 should be recast, in the
interests of clarity;
(2) the premium and other payment schemes referred to in Articles 3 to 25
of Regulation (EC) No 1254/1999 should fall within the scope ofCouncil Regulation (EEC) No 3508/92 of 27 November 1992establishing an integrated administration and control system for
certain Community aid schemes (
5) (hereinafter referred to as ‘the
integrated system’), as last amended by Regulation (EC) No1036/1999 (
6). As a result, this Regulation should be restricted to the
horizontal regulation of outstanding matters within the framework of
the said integrated system;
(3) the objectives of the regional ceiling and of the stocking density dictate
that the special premium may no longer be applied for in respect of thesame age bracket for those animals affected by application of these twomeasures. For the purposes of the deseasonalisation premium, these
animals should be deemed to have qualified for the special premium;
(4) Article 4(3)(b) of Regulation (EC) No 1254/1999 lays down that each
male bovine animal should be covered, until slaughter or until export,
by an animal passport within the meaning of Council Regulation (EC)No 820/97 of 21 April 1997 establishing a system for the identificationand registration of bovine animals and regarding the labelling of beef
and beef products (
7) or an equivalent administrative document.
Provision should be made for the administrative document to bedrawn up and issued at national level. In order to take account of
particular administrative and control conditions in the Member States,
different forms of administrative document should be allowed;
(5) Article 4(3) of Regulation (EC) No 1254/1999 lays down a retention
period as a condition for granting the special premium. It is therefore
necessary to define and quantify that period;
(6) the arrangements for granting the special premium at the time of
slaughter should be consistent with the arrangements for granting theslaughter premium. The types of documents which are to accompany
the animal until slaughter, dispatch or export should be specified. In
order to take account of the specific features of the form of granting atthe time of slaughter, the age conditions for steers and the method of!B
(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 148, 28.6.1968, p. 24.
(3) OJ L 391, 31.12.1992, p. 20.
(4) OJ L 164, 30.6.1999, p. 53.
(5) OJ L 355, 5.12.1992, p. 1.
(6) OJ L 127, 21.5.1999, p. 4.
(7) OJ L 117, 7.5.1997, p. 1.1999R2342 — EN — 01.01.2000 — 001.001 — 2
presentation of the carcase for adult bovine animals should be laid
down;
(7) the conditions for granting the deseasonalisation premium should be
laid down, in accordance with the arrangements for granting theslaughter premium. The task of determining, on the basis of available
information, which Member States meet the conditions for applying
this premium scheme should be performed by a Commission decision;
(8) the concept of suckler cow should be defined in accordance with
Article 6(7) of Regulation (EC) No 1254/1999. In this respect, thesame breeds should be kept as those under the previous scheme.Moreover, the administrative rules which applied under the old scheme
may in their essentials continue to be applied, in particular as regards
the average milk yield and the additional national premium;
(9) with a view to implementing the system of individual ceilings, the
rules governing the determination of those ceilings and theircommunication to the producers should be laid down. In order to
strengthen the regulating effect which that system will have on the
market, provision should be made for premium rights not used by theirholder during a specific period to revert to the national reserve.Appropriate measures should also be taken to ensure that rights
granted free of charge from the national reserve are used by the
beneficiaries solely for the intended purposes;
(10) the mobilisation of these rights should be encouraged, as should their
allocation to producers who will benefit from them. To this end, aminimum percentage of use of rights to the premium should be fixed.
This percentage needs to be sufficient to avoid underutilisation of the
rights available in certain Member States, which might give rise toproblems for priority producers applying for rights through the
national reserve. Member States should therefore be authorised to raise
the minimum percentage of use of rights, which should not, however,exceed 90 %;
(11) Articles 22 and 23 of Council Regulation (EC) No 1257/1999 of 17
May 1999 on support for rural development from the EuropeanAgricultural Guidance and Guarantee Fund (EAGGF) and amending
and repealing certain regulations (
1) establish extensification pro-
grammes. Provision should be made for the suspension, during theentire period of participation in the above programmes, of the use of
rights to the suckler cow premium released in this way. The use of the
rights released should, however, be authorised by way of exception tomeet the needs for rights to the premium as part of otheragri-environmental measures. One of the objectives of the early
retirement scheme laid down by Article 10 of that Regulation is to
encourage the replacement of elderly farmers by farmers able toimprove the economic viability of the remaining agricultural holdings.There is reason to fear that certain farmers will not take part in the
early retirement programmes if this is likely to lead, in the long term,
to the loss of their suckler cow premium rights. Member States shouldtherefore be able to provide for an extension of the total duration of
temporary leasing on the basis of those programmes;
(12) the uniform implementation of the provisions relating to the transfer
and temporary leasing of rights entails the laying-down of certain
administrative rules. In order to avoid excessive administrative work,Member States should be permitted to fix a minimum number of rightswhich may be transferred or leased. Such rules should also prevent
infringement of the undertaking provided for in Article 8(1) of
Regulation (EC) No 1254/1999 to surrender, each time that rights aretransferred without transfer of the holding, a certain percentage of such
transferred rights to the national reserve. Moreover, provision should
be made for this temporary leasing to be limited in time so as to avoidabuse of the transfer rules;
(13) provision s hould be made to allow flexibility in meeting the
administrative deadline for the transfer of rights where the producercan prove that he has inherited rights from a deceased producer;
(14) the special case where a producer uses only publicly or collectively
owned land for grazing and transfers all his rights to another farmer,!B
(1) OJ L 160, 26.6.1999, p. 80.1999R2342 — EN — 01.01.2000 — 001.001 — 3
thus ceasing production, should be deemed equivalent to the transfer of
a holding;
(15) application of an administrative system of transfers in which all
transfers of rights without transfer of the holdings and temporaryleasing of rights are conducted solely via the national reservenecessitates the establishment of a legal framework designed to
preserve economic consistency with the system of direct transfers
between producers. Objective criteria should be established for thedetermination of the sum to be paid by the national reserve to the
producer who has transferred his rights and the sum to be paid by the
producer who receives equivalent rights from the national reserve;
(16) Article 10 of Regulation (EC) No 1254/1999 lays down, for Member
States complying with the conditions in that Article, a special optionalscheme to manage the granting of the suckler-cow premium forheifers. The task of determining, on the basis of available information,
which Member States meet the conditions for applying this special
scheme should be performed by a Commission decision. The specialarrangements for granting the premium should be specified. In
accordance with the overall objective of the suckler-cow premium, this
premium should be paid to farmers whose herd of heifers is intended torestock cow herds and not for the production of heifers for slaughter.To this end Member States should lay down criteria, which may
include in particular an age limit and/or breed requirements;
(17) the method for calculating the stocking density should be determined.
In order to simplify practical application of the stocking density, a date
should be laid down for taking the milk reference quantity intoconsideration;
(18) the extensification payment should be conditional on compliance with
one, or at most two, stocking densities, at the Member State’ s choice.
The stocking density for the extensification payment scheme should
include all bovine animals aged six months and over present on theholding. Special rules are therefore required for counting animals andfor the producer’ s statement of participation in the scheme. Manage-
ment of this scheme may be greatly facilitated by using the
computerised database referred to in Regulation (EC) No 820/97.Provision should therefore be made for using that database, on
condition that it offers, to the satisfaction of the Member State,
adequate assurances as to the accuracy of the data it contains for thepurposes of the extensification payment scheme;
(19) there is a risk that some producers may comply artificially with the
average stocking rates required for the grant of the extensificationpayment, owing in particular to abnormally low stocking rates during
part of the year. Steps should be taken to ensure that the extensification
payment is not granted to such producers. To this end it should bespecified, for the sake of clarification, that this situation falls within
the scope of Article 7 of Council Regulation (EC) No 1259/1999 of 17
May 1999 establishing common rules for direct support schemes underthe common agricultural policy (
1) and that Member States should
therefore take all the necessary measures to apply that Article within
the framework of the extensification payment scheme;
(20) for the purposes of simplification in respect of the most extensive
stockfarming enterprises, it would appear desirable to provide for an
optional simplified scheme for the grant of the extensificationpayment;
(21) Article 13(4) of Regulation (EC) No 1254/1999 lays down, for
Member States complying with the conditions in that Article, a special
scheme for granting the extensification payment to dairy cows. The
procedure for determining, on the basis of available information,which Member States meet the conditions for applying this specialscheme should be laid down. The special arrangements for granting the
premium should be specified. For the sake of consistency with the
general extensification payment scheme, and in order to establish theprecise number of dairy cows eligible for the payment, a minimum
retention period should be laid down for dairy cows;
(22) the application of certain provisions of Regulation (EEC, Euratom) No
1182/71 of the Council of 3 June 1971 determining the rules applicable!B
(1) OJ L 160, 26.6.1999, p. 113.1999R2342 — EN — 01.01.2000 — 001.001 — 4
to periods, dates and time limits (1) would artificially extend retention
periods which are expressed in terms of months by one or more days.Specific provisions should therefore be laid down on this matter;
(23) applications should normally be submitted in respect of the slaughter
premium. In the interests of simplification, the ‘livestock’ aid
application provided for in the integrated system should be taken to
represent such an application, provided that it contains all the elementsneeded to justify payment of the premium and that the animal isslaughtered in the same Member State or in another Member State, or
exported;
(24) pursuant to Regulation (EC) No 820/97, Member States should have a
fully operational computerised database from 31 December 1999. Itshould be possible to use that database to facilitate the management of
the slaughter premium, on condition that the Member State considers
that the database offers adequate assurances as to the accuracy of thedata it contains for the purposes of the payment of premiums;
(25) the slaughter premium for calves is conditional on a maximum weight
limit. A standard type of carcase presentation should therefore be laid
down, to which this maximum weight applies;
(26) Article 11(1) of Regulation (EC) No 1254/1999 lays down a retention
period as a condition for granting the slaughter premium. It is thereforenecessary to define and quantify that period;
(27) detailed information on the national rules on, and implementation of,
the additional payments must be forwarded to the Commission;
(28) to ensure that farmers receive payments as quickly as possible,
provision should be made for granting advances. However, in view ofthe application of the national or regional ceilings, steps should betaken to ensure that the advance does not exceed the definitive
payment. Provision should therefore be made to allow Member States
to reduce the percentage of the advance for the premium schemessubject to those ceilings;
(29) Regulation (EC) No 1254/1999 lays down penalties for the illegal use
or holding of substances or products not authorised by the relevant
veterinary legislation. In the case of repeated infringements, deter-mination of the duration of penalties should be left to the MemberStates, which are better placed to judge the true gravity of the offence
committed;
(30) the special premium and suckler cow premium schemes are based on
the calendar year as the period of reference. It is necessary to fix thedate determining the elements to be taken into consideration for theapplication of the said schemes. In order to ensure sound and
consistent administration, the date of the submission of applications
should, as a general rule, be chosen. However, with respect to thespecial premium paid on slaughter, special rules must be laid down in
order to avoid carry-overs from one year to the next with a view to
obtaining a higher premium. As regards the slaughter premium, thedate of slaughter or of export is a better indication of whether theoperations concerned have actually been carried out;
(31) the exchange rate on the date of the operative event for the aids,
premiums and amounts referred to in Article 5 of Council Regulation
(EC) No 2799/98 of 15 December 1998 establishing agrimonetaryarrangements for the euro (
2) is defined as the rate on a given day. The
rate applicable on the date of the operative event should be fixed in
such a way as to ensure in principle that such aids, premiums and
amounts do not undergo any sharp fluctuations on conversion intonational currency due to the exchange rate on a single date. To this end,
the best solution appears to be an average of the exchange rates
applicable during the month preceding the allocation year, calculatedpro rata temporis ;
(32) for the purposes of monitoring the measures taken under the reform of
the premium schemes in the beef and veal sector, the Commission
needs to be fully informed of the implementing measures taken by the
Member States and the quantitative results of the application of thesaid schemes. Provision should therefore be made for the Member!B
(1) OJ L 124, 8.6.1971, p. 1.
(2) OJ L 349, 24.12.1998, p. 1.1999R2342 — EN — 01.01.2000 — 001.001 — 5
States to be subject to certain notification obligations. To facilitate the
transmission and analysis of the data, a consistent format forsubmitting that data should be laid down;
(33) in order to facilitate the change to the new scheme, transitional
provisions are needed for the notification rules and the obligation tomark and identify animals;
(34) the measures provided for in this Regulation are in accordance with the
opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the detailed rules for the application of the
premium schemes and other payment schemes laid down in Articles 3 to 25 ofRegulation (EC) No 1254/1999.
CHAPTER I
SPECIAL PREMIUM
(Article 4 of Regulation (EC) No 1254/1999)
Section 1
General arrangements
Article 2
Applications
1. In addition to the requirements introduced as part of the integrated system
of management and control provided for in Regulation (EEC) No 3508/92(hereinafter referred to as ‘the integrated system’), each ‘livestock’ aid
application as referred to in Article 6(8) thereof (hereinafter referred to as
‘application’) shall contain:
(a) a breakdown of the number of animals by age bracket;
(b) a reference to the passports or administrative documents accompanying
the animals which are the subject of the application.
2. Applications may be submitted in respect only of animals which on the
date of commencement of the retention period are:
(a) in the case of bulls, not less than seven months old,
or
(b) in the case of steers, not less than seven months nor more than 19 months
old in the case of the first age bracket, or at least 20 months old in thecase of the second age bracket.
Article 3
Grant of premium
Animals which have not qualified for the premium either on account of the
application of the proportional reduction referred to in Article 4(4) ofRegulation (EC) No 1254/1999 or of application of the stocking densityreferred to in Article 12 of that Regulation may no longer be the subject of an
application for the same age bracket and shall be considered to have been the
subject of payment of the premium.
Article 4
Passports and administrative documents
1. Where, under the conditions laid down in Article 6 of Regulation (EC)
No 820/97, the passport is not available, it shall be replaced by a national
administrative document as provided for in Article 4(3)(b) of Regulation (EC)
No 1254/1999.!B1999R2342 — EN — 01.01.2000 — 001.001 — 6
2. The competent authorities of the Member State shall ensure that such
passports or administrative documents ensure that only one premium isgranted per animal and per age bracket.
Member States shall assist one another, as necessary, to this end.3. Member States may provide that the national administrative document
shall take the form of:
(a) a document accompanying each individual animal;(b) a comprehensive list, held by the producer, containing all the information
required for the administrative document, on condition that the animals
concerned remain, from the date on which the first application is made,
with the same producer until they are placed on the market for thepurpose of being slaughtered;
(c) a comprehensive list, held by the central authorities, containing all the
information required for the administrative document, on condition that
the Member State or region of a Member State availing itself of this
possibility carries out on-the-spot checks on all the animals covered by anapplication, checks the movements of those animals and makes adistinctive mark on each animal checked which the producers shall be
required to permit;
(d) a comprehensive list, held by the central authorities, containing all the
information required for the administrative document, on condition thatthe Member State takes the measures necessary to ensure that thepremium is not granted twice for the same age bracket and provides
information as to the premium status of each animal immediately upon
request.
Member States which decide to avail themselves of one or more of these
possibilities shall notify the Commission thereof in due time and forward to itthe relevant implementing provisions.
For the purposes of point (c), Great Britain and Northern Ireland alone shall
be considered to be regions of a Member State.
Article 5
Retention period
The duration of the retention period shall be two months, starting on the day
following that on which the application is submitted.
However, Member States may provide that other starting dates may be set by
the producer on condition that they do not fall more than two months after theday on which the application is submitted.
Article 6
Regional ceiling
1. Where the application of the proportional reduction gives a number of
eligible animals which is less than a whole number, there shall be granted in
respect of the decimal part a corresponding fraction of the unit amount of the
premium. For this purpose, account shall be taken of the first decimal placeonly.
2. Where Member States decide to introduce different regions or modify the
existing regions within their territory, within the meaning of Article 3(c) of
Regulation (EC) No 1254/1999, they shall inform the Commission of their
decision before 1 January of the year concerned, giving a definition of theregion and the ceiling set. Any subsequent change shall be notified to the
Commission before 1 January of the year concerned.
Article 7
Limits on the number of animals per holding
1. Where Member States decide to change the limit of 90 head of cattle per
holding and per age bracket or to derogate from it, they shall inform theCommission before I January of the calendar year concerned.!B1999R2342 — EN — 01.01.2000 — 001.001 — 7
Where, moreover, Member States fix a minimum number of animals per
holding, below which the proportional reduction will not be applied, they shallinform the Commission before 1 January of the calendar year concerned.
2. Any subsequent change in the application of paragraph 1 shall be notified
to the Commission before I January ofthe year concerned.
Section 2
Grant of the premium at the time of slaughter
Article 8
Form of granting
1. Member States may grant the special premium at the time of slaughter, in
the case of bulls for the single age bracket, and in the case of steers for thefirst or second age bracket or by combining the granting of the premiums for
the two age brackets.
2. Member States which decide to apply the system provided for in
paragraph 1 shall provide that the premium is also to be granted when eligible
animals are being dispatched to another Member State or being exported to a
third country.
3. Where the system referred to in paragraphs 1 and 2 is applied, the grant of
the premium shall be subject to compliance with the provisions in this section
and of Articles 34 and 35(1) and (2) applied mutatis mutandis .
4. As well as containing the information referred to in Article 35(1), aid
applications shall indicate whether the animal is a bull or a steer, and shall be
accompanied by a document containing the details required for the purposes
of Article 4(2). This document shall be, at the choice of the Member State:
(a) the passport or a copy of the passport where the type used consists of
several copies;
or
(b) a copy of the passport where the type of passport used consists of one
copy only which must be returned to the competent authority for the
purposes of Article 6 of Regulation (EC) No 820/97; in this case the
Member State shall take steps to ensure that the information contained inthe copy corresponds to the original;
or
(c) the national administrative document where the passport is not available,
under the conditions laid down in Article 6 of Regulation (EC) No
820/97.
However, Member States may suspend the application of the national
administrative document. In that case they shall take the measures necessaryto ensure that the premium is not granted twice for the same age bracket for
animals which have been the subject of intra-Community trade.
In the case of Member States having a computerised database as referred to in
Article 3(b) of Regulation (EC) No 820/97 which contains, to the satisfaction
of the Member State, the information necessary to ensure that one premium
only is granted for each animal and each age bracket, the aid application neednot be accompanied by the document referred to in the first subparagraph.
In addition, and by way of derogation from the first subparagraph, where
Member States apply the option referred to in the first subparagraph of Article35(2), they shall take the measures necessary to ensure that the producer candetermine the animals for which he is requesting a special premium.
5. In the case of bulls, proof of slaughter shall specify the carcase weight.
6. Where the animal is dispatched, proof of dispatch shall be provided by
means of a statement by the consignor indicating the Member State of
destination of the animal.
In this case, aid applications shall include:
(a) the name and address of the consignor (or an equivalent code);!B1999R2342 — EN — 01.01.2000 — 001.001 — 8
(b) the identity number of the animal;
(c) a statement that the animal is not less than nine months old.
Aid applications shall be submitted before the animal leaves the territory of
the Member State concerned and proof of dispatch shall be submitted withinthree months of the animals leaving the territory of the Member Stateconcerned.
Article 9
Details of the grant system
1.
"M1 Nothwithstanding Article 5, the premium shall be paid to
producers who have kept animals for a minimum retention period of two
months ending less that one month before slaughter or consignment or ending
less than two months before export. 3
In the case of steers, payment of the premium is subject to the following rules:
(a) the premium in respect of the first age bracket shall be paid only if the
producer has kept the animal for a period of not less than two monthsbetween the time when the animal was not less than seven months old andthe time when it was less than 22 months old;
(b) the premium in respect of the second age bracket may be paid only if the
producer has kept the animal aged not less than 20 months for a period ofnot less than two months;
(c) the premiums in respect of the two age brackets may be paid together
only if the producer has kept the animal for not less than four consecutivemonths in compliance with the age requirements laid down in points (a)
and (b);
(d) the premium in respect of the second age bracket only may be paid if the
animal was dispatched from another Member State when it had reached
19 months.
2. In the context of calculating the stocking density referred to in Article 12
of Regulation (EC) No 1254/1999, each animal which is the subject of a
combined application for the two age brackets shall be taken intoconsideration twice.
3. The carcase weight shall be established on the basis of a carcase which
meets the requirements set out in Article 2 of Council Regulation (EEC) No1208/81 (
1).
Where the carcase presentation differs from this definition, the corrective
factors shown in the Annex to Commission Regulation (EEC) No 563/82 (2)
shall apply.
Where slaughter takes place in a slaughterhouse which is not subject to the
application of the Community grading scale for carcases of adult bovineanimals, Member States may permit the weight to be established on the basisof the live weight of the slaughtered animal. In such cases the carcase weight
shall be considered to be equal to or greater than 185 kilograms if the live
weight of the slaughtered animal was equal to or greater than 340 kilograms.
Article 10
Notification
Member States shall notify the Commission before the start of the calendar
year concerned of their decision to apply the system of granting premiumsreferred to in this section and the relevant procedures.!B
(1) OJ L 123, 7.5.1981, p. 3.
(2) OJ L 67, 11.3.1982, p. 23.1999R2342 — EN — 01.01.2000 — 001.001 — 9
CHAPTER II
DESEASONALISATION PREMIUM
(Article 5 of Regulation (EC) No 1254/1999)
Article 11
Application of the premium
The Commission shall decide, by 1 August at the latest of each calendar year,
in which Member States the deseasonalisation premium may be granted for
the following calendar year.
Member States shall inform the Commission by 1 January of the calendar
year in which the premium is granted should they decide to apply Article 5(3)of Regulation (EC) No 1254/1999.
Article 12
Entitlement to the premium
1. The premium may be granted in respect only of steers which have already
received the special premium, or are considered to have received the specialpremium pursuant to Article 3, in a Member State applying thedeseasonalisation premium and which are slaughtered in a Member State
applying the deseasonalisation premium.
2. The premium may be granted only to the producer who last held the
animal prior to slaughter.
Article 13
Applications
1. The producer shall submit an application to the competent authority of
the Member State in whose territory the holding is situated.
2. The application shall be drawn up in accordance with Articles 8(4) and
35, applied mutatis mutandis .
Member States shall take the measures necessary to verify that the special
premium has been granted and shall carry out regular, unannounced checks onthe accuracy of the certificates referred to in Article 35.
CHAPTER III
SUCKLER COW PREMIUM
(Articles 6 to 10 of Regulation (EC) No 1254/1999)
Section 1
General arrangements
Article 14
Cows belonging to a meat breed
Cows belonging to the bovine breeds set out in Annex I to this Regulation
shall not be considered to be cows belonging to a meat breed as referred to in
Articles 3(f) and 10(2) of Regulation (EC) No 1254/1999.
Article 15
Maximum individual reference quantity
1. Where Member States decide to change the maximum individual
reference quantity of 120 000 kilograms referred to in Article 6(2)(b) of
Regulation (EC) No 1254/1999 or to derogate from it, they shall inform the
Commission before 1 January of the calendar year concerned.
2. Any subsequent change in the application of paragraph 1 shall be notified
to the Commission before 1 January of the year concerned.!B1999R2342 — EN — 01.01.2000 — 001.001 — 10
Article 16
Retention period
The six-month retention period referred to in Article 6(2) of Regulation (EC)
No 1254/1999 shall start on the day following that on which the application is
submitted.
Article 17
Applications
1. In addition to the requirements introduced as part of the integrated
system, where an application is made for the premium pursuant to Article
6(2)(b) of Regulation (EC) No 1254/1999, the ‘livestock’ aid application or, at
the choice of the Member State, the ‘area’ aid application referred to inArticle 6(1) of Regulation (EC) No 3508/92 (hereinafter referred to as‘application’) shall contain:
(a) a statement setting out the individual reference quantity of milk
"M1 available 3to the producer on 31 March preceding the beginning
of the 12-month period of application of the additional levy schemestarting in the calendar year concerned; where this quantity is unknownon the date on which the application is submitted, it shall be notified to
the competent authority at the earliest opportunity; and
(b) an undertaking by the producer not to increase his individual reference
quantity above the quantitative limit laid down in Article 6(2)(b) ofRegulation (EC) No 1254/1999 during the 12-month period starting onthe date on which the application is submitted.
However, point (b) shall not apply if the Member State has abolished the
quantitative limit.
2. Applications shall be submitted within an overall period of six months
during a calendar year, to be determined by the Member State.
Member States may provide for separate periods for submitting applications
within this overall period.
3. Where a premium application covers two to five animals after adjustment
to the individual ceiling as provided for in Article 10(1) of CommissionRegulation (EEC) No 3887/92 of 23 December 1992 laying down detailedrules for applying the integrated administration and control system for certain
Community aid schemes (
1), only one of those animals may be a heifer.
Article 18
Average milk yield
The average milk yield shall be calculated on the basis of the average yields
set out in Annex II. However, for this calculation, Member States may use a
document recognised by them certifying the producer’ s dairy herd’ s average
yield.
Article 19
Additional national premium
1. An additional national premium may be granted only to a producer who,
in respect of the same calendar year, receives the suckler cow premium.
It shall be granted only within the limit of the number of animals qualifying
for this premium, if appropriate after application of the proportional reduction
laid down in the third subparagraph of Article 10(1) of Regulation (EC) No1254/1999.
2. Member States may lay down additional conditions for the grant of the
additional premium. They shall inform the Commission thereof in good time
before these conditions are brought into effect.!B
(1) OJ L 391, 31.12.1992, p. 36.!M1
!B1999R2342 — EN — 01.01.2000 — 001.001 — 11
3. The Commission shall decide by 1 August at the latest of each calendar
year which Member States fulfil the conditions laid down in the thirdsubparagraph of Article 6(5) of Regulation (EC) No 1254/1999.
Section 2
Ceilings, reserves, transfers
Article 20
Individual ceiling
1. Member States shall determine an individual ceiling per producer under
the conditions laid down in Article 7(1), (2) and (3) of Regulation (EC) No
1254/1999.
2. Each producer shall be informed of the amount of his individual ceiling
as soon as possible and at the latest one week before the start of the period forsubmitting applications in respect of 2000.
Article 21
Notification
1. Member States shall notify the Commission by 1 March 2000 at the latest
of the procedures used to implement the reduction of individual ceilings in
accordance with Article 7(3) of Regulation (EC) No 1254/1999, as well as thetotal number of rights granted to producers and the number of rights allocated
to the reserve.
2. Member States shall notify the Commission by 1 March 2000 at the latest
of the method of calculating the reduction in accordance with the second
subparagraph of Article 8(1) of Regulation (EC) No 1254/1999 and whereapplicable of the measures taken under Article 8(2)(a) and, before 1 January
each year, of any amendments.
3. Using the table set out in Annex IV , Member States shall notify the
Commission at the latest by 1 March, provisionally, and by 31 July,definitively, for each calendar year of:
(a) the number of premium rights returned without compensatory payment to
the national reserve following transfers of rights without transfers of
holdings during the preceding calendar year;
(b) the number of unused premium rights as referred to in Article 23(2)
transferred to the national reserve during the preceding calendar year,
(c) the number of rights granted under Article 9(3) of Regulation (EC) No
1254/1999 during the preceding calendar year.
Article 22
Rights obtained free of charge
Except in duly justified exceptional cases, where a producer has obtained
premium rights free of charge from the national reserve he shall not be
authorised to transfer and/or temporarily lease his rights during the three
following calendar years
Article 23
Use of rights
1. A producer holding rights may make use of them by availing himself of
those rights and/or leasing those rights to another producer.
2. Where a producer has not made use of at least the minimum percentage
of his rights, fixed in accordance with paragraph 4, during each calendar year,
the part not used shall be transferred to the national reserve, except:
— in the case of a producer holding a maximum of seven premium rights,
where this producer has not made use of the minimum percentage of hisrights, fixed it accordance with paragraph 4, during each of two
consecutive calendar years, the part not used during the last calendar year
shall be transferred to the national reserve,!B1999R2342 — EN — 01.01.2000 — 001.001 — 12
— in the case of a producer participating in an extensification programme
recognised by the Commission,
— in the case of a producer participating in an early retirement scheme
recognised by the Commission in which the transfer and/or temporary
leasing of rights is not obligatory,
or
— in exceptional and duly justified cases.
3. Temporary leasing shall be only in respect of whole calendar years and
shall involve at least the minimum number of animals provided for in Article24(1). At the end of each period of temporary leasing, which may not exceedthree consecutive years, a producer shall, except in the event of a transfer of
rights, recover all his rights for himself, for at least two consecutive calendar
years. If the producer does not avail himself of at least the minimumpercentage of his rights, fixed in accordance with paragraph 4, during each ofthe two years, the Member State shall, except in exceptional and duly justified
cases, withdraw and return annually to the national reserve that part of the
rights not used by the producer.
However, in the case of producers participating in early retirement schemes
recognised by the Commission, Member States may provide for the total
duration of the temporary leasing on the basis of such schemes to beincreased.
Producers who have undertaken to participate in an extensification
programme in accordance with the measure referred to in Article 2(1)(c) of
Council Regulation (EEC) No 2078/92 (
1) or in an extensification programme
in accordance with Articles 22 and 23 of Regulation (EC) No 1257/1999 shallnot be authorised to temporarily lease and/or to transfer their rights
throughout the period of that participation. However, this provision shall
not apply in cases where the programme permits the transfer and/or temporaryleasing of rights to producers whose participation in the measures other than
those referred to in this subparagraph requires the acquisition of rights.
4. The minimum percentage of use of rights to the premium shall be 70 %.However, the Member States may raise this percentage to 90 %.The Member States shall inform the Commission in advance of the
percentage that they intend to apply.
Article 24
Transfer of rights and temporary leasing
1. Member States may lay down, on the basis of their production structures,
a minimum number of premium rights which may be the subject of a partialtransfer not involving the transfer of a holding. This minimum may not exceed
five premium rights.
2. Transfers of premium rights and temporary leasing of such rights shall be
effective only after they have been notified jointly to the competentauthorities of the Member State by the producer transferring and/or leasing
the rights and by the producer receiving the rights.
Such notification shall take place within a deadline set by the Member State
and not later than the date on which the producer receiving the rights submits
his premium application, except in those cases where the transfer of rights
takes effect through an inheritance. In that case, the producer who receives therights shall be in a position to furnish appropriate legal documents to provethat he or she is the beneficiary of the deceased producer.
Article 25
Change of individual ceiling
In the case of transfers or temporary leasing of premium rights, Member
States shall set the new individual ceiling and shall notify the producersconcerned of the number of premium rights to which they are entitled not laterthan 60 days from the last day of the period during which the producer
submitted his application.!B
(1) OJ L 215, 30.7.1992, p. 85.1999R2342 — EN — 01.01.2000 — 001.001 — 13
The first paragraph shall not apply in the case where the transfer takes effect
through an inheritance.
Article 26
Producers who do not own the land that they farm
Producers farming only public land or collectively owned land who decide to
discontinue the farming of such land and to transfer all their rights to another
producer shall be treated in the same way as producers selling or transferringtheir holdings. In all other cases such producers shall be treated in the same
way as producers transferring their premium rights only.
Article 27
Transfer through the national reserve
Where Member States provide that the transfer of rights without transfer of
the holding is to take place through the national reserve in accordance withArticle 8(2)(b) of Regulation (EC) No 1254/1999, they shall apply national
provisions analogous to those set out in Articles 23 to 26. In addition, in this
event:
— Member States may provide that temporary leasing is to take place
through the national reserve;
— when premium rights are transferred, or temporarily leased in cases
where the first indent is applied, transfers to the reserve shall be effective
only after they have been notified by the competent authorities of theMember State to the producer transferring and/or leasing the rights, andtransfers from the reserve to another producer shall be effective only after
they have been notified to that producer by these authorities.
In addition, such provisions must ensure that a payment will be made by the
Member State for that part of the rights other than the part referred to in thesecond subparagraph of Article 8(1) of Regulation (EC) No 1254/1999
corresponding to that which would have resulted from a direct transfer
between producers, account being taken in particular of the trend ofproduction in the Member State concerned. This payment shall be equal to thepayment which will be claimed from producers receiving equivalent rights
from the national reserve.
Article 28
Partial rights
1. Where calculations to be made pursuant to the provisions of this Section
produce numbers which are not whole numbers, only the first decimal place
shall be taken into account.
2. Where application of the provisions of this Section results in partial
premium rights, either for producers or the national reserve, these partial
rights shall be added up.
3. Where a producer holds a partial right, this partial right shall only confer
entitlement to the corresponding fraction of the unit amount of the premiumand, where applicable, of the additional national premium referred to inArticle 19 and of the extensification payment referred to in Article 32.
Article 29
Special scheme for heifers
1. The Commission shall decide, by 1 November 1999 at the latest, which
Member States meet the conditions laid down in Article 10(1) of Regulation
(EC) No 1254/1999.
The Member States concerned shall inform the Commission, before 1 January
2000, whether or not they intend to apply the scheme laid down in Article 10of Regulation (EC) No 1254/1999 (hereinafter referred to as ‘the special
scheme’) and where applicable shall communicate the specific national
ceiling that they have determined. Any subsequent modification shall benotified to the Commission before 1 January of the year concerned.!B1999R2342 — EN — 01.01.2000 — 001.001 — 14
2. Member States applying the special scheme shall lay down criteria to
ensure that the premium is paid to farmers whose herd of heifers is intended torestock cow herds. These criteria may include in particular an age limit and/orbreed requirements.
Member States shall inform the Commission before 1 January of the year
concerned of the criteria adopted. Any subsequent modification shall benotified to the Commission before 1 January of the year concerned.
3. Where the application of the proportional reduction referred to in the
third subparagraph of Article 10(1) of Regulation (EC) No 1254/1999 gives a
number of eligible animals which is less than a whole number, there shall begranted in respect of the decimal part a corresponding fraction of the unitamount of the premium and, where applicable, of the additional national
premium referred to in Article 19 and of the extensification payment referred
to in Article 32. For this purpose account shall be taken of the first decimalplace only.
4. In Member States applying the special scheme, the requirement laid down
in Article 6(2) of Regulation (EC) No 1254/1999 concerning the minimum
number of animals to be held shall be met in full either by Buckler cows if theproducer has lodged an application for Buckler cows or by heifers if theproducer has lodged an application for heifers.
5. The provisions of Articles 20 to 28 shall not apply within this special
scheme.
CHAPTER IV
PROVISIONS COMMON TO THE SPECIAL PREMIUM AND THE
SUCKLER COW PREMIUM
Article 30
Applications
1. Member States may, for administrative reasons, provide that applications
shall be for a minimum number of animals, providing that this number doesnot exceed three.
2. Without prejudice to Articles 17(2) and 32(7), Member States may
determine the periods and dates for submission of premium applications andthe number of applications that producers may submit per premium schemeand calendar year.
Article 31
Stocking density
1. For each producer who, in respect of the same calendar year, submits
— the ‘area’ aid application referred to in Article 6(1) of Regulation (EEC)
No 3508/92,
and
— at least one application for a special premium or a suckler cow premium,the competent authorities shall establish the number of LUs (livestock units)
corresponding to the number of animals for which a special premium or
suckler cow premium may be granted, taking account of the forage area of hisholding.
2. In establishing the stocking density referred to in Article 12 of Regulation
(EC) No 1254/1999, the following procedure shall apply:
(a) account shall be taken of the individual reference quantity of milk
"M1 available 3to the producer on 31 March preceding the beginning
of the period of 12 months of application of the additional levy scheme
beginning in the calendar year concerned;
(b) the number of dairy cows needed to produce this reference quantity shall
be calculated in accordance with Article 18 of this Regulation.!B1999R2342 — EN — 01.01.2000 — 001.001 — 15
3. In determining the number of animals eligible for a premium:
(a) the number of hectares determined in accordance with the rules laid down
in the integrated system shall be multiplied by the stocking densityreferred to in Article 12 of Regulation (EC) No 1254/1999;
(b) the number of LUs corresponding to the number of dairy cows needed to
produce the reference quantity of milk
"M1 available 3 to the
producer shall be deducted from the figure thus obtained;
(c) the number of LUs corresponding to the number of sheep and/or goats for
which a premium application is submitted shall be deducted from the
figure thus obtained.
The final figure thus obtained shall correspond to the maximum number of
LUs for which the special premium and the Buckler cow premium may be
granted.
4. The Member States shall inform each producer concerned of the stocking
density established for him and of the resultant number of LUs for which apremium may be granted.
Article 32
Extensification payment
1. To qualify for the extensification payment, producers must indicate on
the ‘area’ aid application that they wish to participate in the extensification
payment scheme.
2. Animals which are considered to have received the special premium
within the meaning of Article 3 shall not qualify for the extensification
payment.
3. In order to check that the total number of animals calculated in
accordance with Article 13(3)(a) of Regulation (EC) No 1254/1999 meets thestocking density requirements) laid down in Article 13(2) of that Regulation,
Member States shall determine each year at least five census dates for the
animals and shall inform the Commission thereof.
Except in those cases where Member States decide that the census dates may
be any day of the year;
— the census dates shall be distributed at random in such a way as to be
representative of the entire year, being changed annually,
and
— each census date shall be determined a posteriori and shall be notified to
the producer at the earliest two weeks after it has been determined.
On these dates the animals shall be counted in accordance with one of the
following methods, at the choice of the Member State:
— Member States shall ask each pcoducer to declare, on the basis of his
farm register, prior to a date to be determined by the Member State, the
number of LUs or the number of animals of each of the two categories of
male animals referred to in Annex III to Regulation (EC) No 1254/1999,
or
— Member States with a computerised database as referred to in Article 3(b)
of Regulation (EC) No 820/97 shall use that database to determine the
number of LUs on condition that the database offers, to the satisfaction ofthe Member State, adequate assurances as to the accuracy of the data itcontains for the purposes of the extensification payment scheme.
The number of LUs used to determine whether the producer is complying
with the stocking density requirements laid down in Article 13(2) ofRegulation (EC) No 1254/1999 shall be the arithmetic average of the numbersof LUs counted on the census dates plus the number of LUs corresponding to
the sheep and goats for which premium applications have been submitted for
the same calendar year.!B1999R2342 — EN — 01.01.2000 — 001.001 — 16
However, where Member States decide that the census dates may be any day
of the year, they may provide that the numbers referred to in (a) and (b) shallbe calculated pro rata temporis for the period on which the animals are
present on the holding.
Member States shall take the measures necessary to apply Article 7 of
Regulation (EC) No 1259/1999 in the case of producers who, by means ofabnormally low stocking rates during part of the year, artificially create theconditions required by Article 13 of Regulation (EC) No 1254/1999.
4. By way of derogation from paragraph 3, Member States may give
producers the option of choosing a simplified scheme.
In that case, the producer must indicate on the ‘area’ aid application:
(a) that he declares that he has complied each day with the maximum
stocking density Iaid down in Article 13 of Regulation (EC) No1254/1999 up to the date of his ‘area’ aid application,
and
(b) that he undertakes to comply each day with that stocking density between
the date of his ‘area’ aid application and 31 December.
Where the Member State has chosen to apply the second subparagraph of
Article 13(2) of Regulation (EC) No 1254/1999, the producer shall specify on
his application which of the two maximum stocking densities he is observing.
The producer may alter this choice at the latest before the announcement of anon-the-spot check on the number of his animals.
The producer may notify the competent authority of the cancellation of his
undertaking at the latest before the announcement of an on-the-spot check on
the number of his animals. In that case he shall not qualify for theextensification payment.
The declaration and undertaking referred to in this paragraph shall be subject
to the control and penalty provisions provided for under the integrated system.
5. Member States shall notify the Commission by 1 January 2000 of the
definition of ‘pasture’ used for the purposes of Article 13(3)(c) of Regulation(EC) No 1254/1999. Any subsequent change shall be notified to the
Commission before 1 January of the year concerned.
6. The Commission shall decide, by 1 November 1999 at the latest, which
Member States meet the conditions laid down in Article 13(4) of Regulation(EC) No 1254/1999.
For the purposes of that paragraph, ‘producer in mountain area’ means any
producer:
— whose farm is situated in a mountain area,
or
— at least 50 % of whose forage area is in a mountain area.7. Without prejudice to paragraph 1, producers who wish to qualify for the
extensification payment under paragraph 6 shall state on the ‘livestock’ aid
application that they are applying for the extensification payment. They shall
keep, for at least six consecutive months starting on the date on which theapplication is submitted, a number of dairy cows at least equal to the number
of dairy cows for which the extensification payment has been applied for. This
six-month retention period shall start on the day following that on which theapplication is submitted.
Applications shall be submitted within an overall period of six months during
a calendar year, to be determined by the Member State.
Member States may provide for separate submission periods within this
overall period.
8. The number of dairy cows For which the extensification payment is
granted to a producer may not exceed either of the following two figures:
(a) the number of dairy cows needed to produce the individual reference
quantity of milk
"M2 available 3 to the producer on 31 March
preceding the beginning of the 12-month period of application of the!B1999R2342 — EN — 01.01.2000 — 001.001 — 17
additional levy scheme beginning in the calendar year concerned; this
number of cows shall be calculated using the average milk yield definedin Annex II;
(b) the total number of cows on the holding, determined in accordance with
paragraph 3, less the number of suckler cows corresponding to theindividual ceiling.
9. Where Member States choose to apply, or to cease to apply, the option
laid down in the second subparagraph of Article 13(2) of Regulation (EC) No
1254/1999, they shall inform the Commission of their decision before 1
January of the calendar year concerned.
10. For the purpose of calculating the stocking density pursuant to this
Article, account shall be taken of the first two decimal places only.
11. In the event that the competent veterinary authorities decide that no
animal may leave the production unit except for the purpose of slaughter, thenumber of livestock units recorded on the holding shall be multiplied by the
coefficient 0,8 for the purpose of applying this Article.
This measure shall be restricted to the period, plus 20 days, within which the
abovementioned decision applies, provided that the producer has informed the
competent authority, by writing within 10 working days of the decision, of thepresence of the animals concerned and has taken all the measures necessary to
prevent and/or limit the occurrence of the epizootic.
Article 33
Determination of retention periods
The last day of the retention periods referred to in Articles 5, 9(1), 16, 32(7)
and 37 shall be the day, whether a working day or not, preceding the day
which bears the same number as the starting day for the period.
CHAPTER V
SLAUGHTER PREMIUM
(Article 11 of Regulation (EC) No 1254/1999)
Article 34
Statement of participation
Member States may provide that in order to qualify for the premium for a
given calendar year each producer shall, before or at the same time as making
the first application for that calendar year, submit a statement of participation.
However, where the producer makes no changes to the statement of
participation, the Member State may accept that the previous statement
remains valid.
Article 35
Applications
1. ‘Livestock’ aid applications shall include the information needed for
payment of the slaughter premium, in particular the date of birth of the animal
in the case of animals born after 1 January 1998.
‘Livestock’ aid applications shall be submitted within a period to be
determined by the Member State which may not exceed six months followingslaughter of the animal or, where the animal is exported, after the date onwhich it leaves Community customs territory, and shall expire no later than
the end of February of the following year except in exceptional cases to be
decided by the Member State concerned where animals are dispatched orexported.
"M2 For 2000, Member States may decide in respect of animals
slaughtered or exported during the first quarter that the time limit set for the
submission of aid applications is to be extended until 30 September 2000 atthe latest.
3!B
!M2
!B1999R2342 — EN — 01.01.2000 — 001.001 — 18
Member States may permit applications to be submitted through a person
other than the producer. In such cases the application shall bear the name andaddress of the producer who is liable to qualify for the premium.
In addition to the requirements introduced as part of the integrated system,
each application shall contain:
(a) in cases where the grant is made at the time of slaughter, a certificate
from the slaughterhouse or any document produced or endorsed by the
slaughterhouse containing at least the same information, showing:
(i) the name and address of the slaughterhouse (or an equivalent code);(ii) the date of slaughter and the identity and slaughter numbers of the
animal;
(iii) in the case of calves, the carcase weight (save where Article 36(4)
applies);
(b) in cases where the animal is exported to a third country:
(i) the name and address of the exporter (or an equivalent code),(ii) the identity number of the animal,(iii) the export declaration stating the age of the animal for animals born
after 1 January 1998 and, in the case of calves, save where Article
36(4) applies, the live weight, which may not exceed 290 kilograms;
(iv) proof that the animal has left Community customs territory, shown in
the same manner as for an export refund.
However, Member States may provide that the information referred to in (a)
and (b) shall be forwarded via a body or bodies approved by the Member
State, which may use information technology.
Member States shall carry out regular, unannounced checks on the accuracy
of the certificates or documents issued and, where appropriate, theinformation referred to in the fifth subparagraph.
2. By way of derogation from paragraph 1, Member States with a
computerised database as referred to in Article 3(b) of Regulation (EC) No
820/97 may provide that information on the slaughter of animals forwarded tothe competent authority by slaughterhouses shall be regarded as applications
for slaughter premiums on behalf of the producers, on condition that the
database offers, to the satisfaction of the Member State, adequate assurancesas to the accuracy of the data it contains for the purposes of theslaughter-premium scheme and, where applicable, the payment on slaughter
of the special premium and/or the additional payments if these are paid on
slaughter, and/or the deseasonalisation premium.
However, Member States may provide that applications shall be submitted. In
such a case they may determine the type of information that shall accompany
the application.
Member States choosing to apply this paragraph shall inform the Commission
thereof before 1 January 2000. They shall inform the Commission of anysubsequent change before it is implemented.
Member States shall ensure that the data made available to the paying agency
includes all the information needed to pay the premium, in particular:
(a) the types and quantities of animals as referred to in Article 11(1) of
Regulation (EC) No 1254/1999 slaughtered during the year concerned;
(b) information regarding compliance with the age limits and carcase weight
of the animals referred to in that Article and with the retention periodreferred to in Article 37;
(c) where applicable, the information needed to pay the special premium at
the time of slaughter and/or the additional payments if these are paid on
slaughter, and/or the deseasonalisation premium.!B1999R2342 — EN — 01.01.2000 — 001.001 — 19
3. For animals which have been the subject of intra-Community trade after
the retention period indicated in Article 37, even if the Member State whereslaughter was carried out chose to apply the derogation laid down inparagraph 2, the slaughterhouse shall issue the document referred to in point
(a) of the fourth subparagraph of paragraph 1.
However, where their data transfer systems are compatible, two Member
States may agree to apply the system described in paragraph 2.
Member States shall assist one another to ensure effective controls on the
authenticity of documents submitted and/or the accuracy of the dataexchanged. To that end the Member State where payment is made shall
forward regularly to the Member State where slaughter takes place a
summary, grouped by slaughterhouse, of the slaughter certificates (orinformation in place thereof] received from the latter Member State.
Article 36
Weight and presentation of carcases
1. For the purposes of Article 11(1)(b) of Regulation (EC) No 1254/1999,
veal carcases shall be presented after skinning, evisceration and bleeding,without the head or the feet but with the liver, kidneys and kidney fat.
2. The weight to be taken into consideration shall be the weight of the
carcase after chilling, or the warm weight of the carcase established as soon as
possible after slaughter, reduced by 2 %.
3. Where carcases are presented without the liver, kidneys and/or kidney fat,
their weight shall be increased by:
(a) 3,5 kilograms for the liver;(b) 0,5 kilograms for the kidneys;(c) 3,5 kilograms for the kidney fat.4. Member States may provide that where a calf is less than five months old
at the time of slaughter or export, the weight requirement referred to in Article11(1)(b) of Regulation (EC) No 1254/1999 shall be deemed to have been met.
Where the carcase weight cannot be established in the slaughterhouse, the
above weight requirement shall be deemed to have been met if the live weight
does not exceed 290 kilograms.
Article 37
Premium beneficiary
1. The premium shall be paid to producers who have held the animals for a
minimum retention period of two months ending less than one month beforeslaughter or ending less than two months before export.
2. In the case of calves slaughtered before the age of three months, the
retention period shall be one month.
Article 38
National ceilings
1. The national ceilings referred to in Article 11(1) and (3) of Regulation
(EC) No 1254/1999 are shown in Annex III.
2. Where the application of the proportional reduction gives a number of
eligible animals which is less than a whole number, there shall be granted inrespect of the decimal part a corresponding fraction of the unit amount of the
premium. For this purpose account shall be taken of the first decimal place
only.!B
!M1
!B1999R2342 — EN — 01.01.2000 — 001.001 — 20
CHAPTER VI
ADDITIONAL PAYMENTS
(Articles 14 to 20 of Regulation (EC) No 1254/1999)
Article 39
National arrangements
The detailed information to be forwarded to the Commission under Article 18
of Regulation (EC) No 1254/1999 shall include the following:
1. headage payments (where applicable):
(a) indicative amounts per head for each category of animal, and grant
arrangements;
(b) an indicative forecast of total expenditure for each category of
animal (specifying whether these payments will be made in the form
of a supplement to the slaughter premium) and of the number ofanimals concerned;
(c) specific stocking density requirements (save in the case of payments
in the form of a supplement to the slaughter premium);
(d) the headage limit on male bovines per holding (where applicable),(e) other information on the rules of application.The categories of animal referred to in points (a) and (b) are: bulls, steers,
suckler cows, dairy cows, heifers qualifying for the suckler cow premium,
and other heifers, or any subgroup of animals determined by the Member
State and included in those categories;
2. area payments (where necessary):
(a) calculation of regional base areas,(b) indicative amounts per hectare;(c) an indicative forecast of total expenditure and of the number of
hectares concerned;
(d) other information on the rules of application.
Article 40
Detailed report
The detailed report to be forwarded to the Commission under Article 19 of
Regulation (EC) No 1254/1999 shall include the same elements as those laiddown in Article 39, updated and supplemented.
It shall also include:
(a) a summary of the difficulties encountered in implementing the additional
payments scheme;
(b) an evaluation of the effectiveness of this scheme;(c) possibly some proposals on the future development of this scheme.
CHAPTER VII
GENERAL PROVISIONS
Article 41
Payment of advances
1. On the basis of the results of administrative checks and on-the-spot
checks, the competent authority shall pay to the producer, for the number of
animals deemed to be eligible, an advance equal to 60 % of the specialpremium, the suckler cow premium and the slaughter premium.!B1999R2342 — EN — 01.01.2000 — 001.001 — 21
In the case of the special premium, the special scheme for heifers referred to
in Article 29 and/or the slaughter premium, the advance percentage may bereduced by the Member States but may not be less than 40 %.
The advance may not be paid before 16 October of the calendar year in
respect of which the premium is applied for.
2. The definitive payment of the premium shall be an amount equal to the
difference between the advance payment and the premium amount to whichthe producer is entitled.
Article 42
Allocation year
The date of submission of the application shall constitute the operative event
for determining the year to which animals covered by the special premium,
suckler cow premium, deseasonalisation premium and extensification
payment schemes are allocated and the number of LUs to be used forcalculating the stocking density.
However, if the special premium is granted in accordance with one of the
options provided for in Article 8:
— where the animal was slaughtered no later than 31 December:
and
— where the premium application for that animal is submitted after that
date,
the amount of the premium applicable shall be that in force on 31 December
of the year in which slaughter took place.
As regards the slaughter premium, for the purposes of applying the rate of aid
and calculating the proportional reduction in accordance with Article 38, the
allocation year shall be the year of slaughter or export.
Article 43
Conversion into national currency
Conversion into national currency of premium amounts and of the
extensification payment shall be carried out in accordance with the average,
calculated pro rata temporis , of the exchange rates applicable in the month of
December preceding the allocation year determined in accordance with
Article 42.
Article 44
Penalties for the illegal use or holding of certain substances or products
In the event of repeated infringements through the illegal use or holding of
substances or products not authorised by the relevant Community regulations
in the veterinary sector, Member States shall determine, in the light of theseriousness of the infringement, the length of the exclusion from the aid
schemes pursuant to the second subparagraph of Article 23(1) of Regulation
(EC) No 1254/1999.
Article 45
National implementing measures
Member States shall adopt all suitable measures necessary to ensure that this
Regulation is applied properly. They shall inform the Commission thereof.
Article 46
Notification
1. From 1 July 2000 onwards, the Member States shall notify the
Commission annually by 15 September at the latest (for information relating!B1999R2342 — EN — 01.01.2000 — 001.001 — 22
to the first six months of the current year) and 1 March (for information
relating to the second six months of the previous year) of:
(a) the number of male bovines in respect of which the special premium has
been applied for, broken down by:
— age bracket,
— type of animal (bull or steer);
(b) the number of cows in respect of which the suckler cow premium has
been applied for, broken down according to the schemes referred to inArticle 6(2)(a) and (b) of Regulation (EC) No 1254/1999;
(c) the number of animals in respect of which the slaughter premium has
been applied for, broken down by type of animal (adult bovine or calf)and indicating whether the animals were slaughtered or exported;
(d) the number of animals for which the deseasonalisation premium was
actually granted, broken down according to whether they benefited from
the first or second tranche of the special premium, and the number oflivestock producers corresponding to each of the two abovementionedage brackets.
2. From 2001 onwards, the Member States shall notify the Commission by
31 July at the latest in each year and for the preceding calendar year of:
(a) the number of male bovines for which the special premium was actually
granted, broken down by:
— age bracket,
— type of animal (bull or steer),
and indicating:
— the grant, where applicable, of the extensification payment (broken
down according to the limits laid down in Article 13(2) of Regulation
(EC) No 1254/1999), and the number of livestock producersconcerned, shown separately in accordance with those limits,
— the number of animals broken down by age bracket for which the
special premium was not granted in respect of the preceding calendar
year due to the application of the regional ceiling;
(b) the number of cows and heifers for which the suckler cow premium was
actually granted, broken down according to the schemes referred to in
Article 6(2)(a) and (b) of Regulation (EC) No 1254/1999, and indicating
the grant, where applicable, of the extensification payment (broken downaccording to the limits laid down in Article 13(2) of that Regulation), aswell as the number of producers concerned in the case of each scheme;
(c) the number of dairy cows for which the extensification payment was
actually granted;
(d) the number of animals for which the premium was not granted in respect
of the preceding calendar year due to application of the specific national
ceiling for heifers;
(e) where applicable, the grant of any national premium in addition to the
suckler cow premium, indicating:
— the conditions for granting the premium,
and
— the amount granted per animal;
(f) the number of animals for which the premium not affected by stocking
density was actually granted, and the number of producers concerned;
(g) the number of animals for which the slaughter premium was actually
granted, broken down by type of animal (adult bovine or calf) and
indicating whether the aid was granted on slaughter or on export, as wellas, for each of these subdivisions, the number of producers concerned.!B1999R2342 — EN — 01.01.2000 — 001.001 — 23
3. The Member States shall notify the Commission annually by 31 July at
the latest from 2001 of the number of animals, broken down by type ofanimal, in respect of which the slaughter premium has not been granted inrespect of the preceding calendar year due to the application of national
ceilings.
4. Member States shall communicate the details specified in this Article
using the tables set out in Annex IV .
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONS
Article 47
Transitional provisions
1. In accordance with Article 50 of Regulation (EC) No 1254/1999, in order
to facilitate the transition from the provisions of Regulation (EEC) No 805/68
to Regulation (EC) No 1254/1999, notifications to the Commission in respectof 1999 shall be made in accordance with the same procedure as that laiddown in Regulation (EEC) No 3886/92.
2. The requirement to identify and register animals laid down in Article 21
of Regulation (EC) No 1254/1999 shall apply, for animals born before 1
January 1998, in accordance with the procedure laid down in Council
Directive 92/102/EEC (
1), save in the case of animals which are the subject of
infra-Community trade.
Article 48
Repeal
Regulation (EEC) No 3886/92 is repealed with effect from 1 January 2000.
It shall remain applicable to applications submitted by 31 December 1999 at
the latest.
References to the repeated Regulation shall be construed as references to this
Regulation.
Article 49
Entry into force
This Regulation shall enter into force on the third day following that of its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 2000, except for the provisions relating to
notifications or decisions laid down in Articles 10, 11, 15, 21(2), 23(4), 29(1)
and (2), 32(5), (6) and (9), 35(2) and 39, which shall apply on entry into forceof this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
(1) OJ L 355, 5.12.1992, p. 32.1999R2342 — EN — 01.01.2000 — 001.001 — 24
ANNEX I
LIST OF BOVINE BREEDS REFERRED TO IN ARTICLE 14
— Angler Rotvieh (Angeln) — Rød dansk mælkerace (RMD)
— Ayrshire
— Armoricaine
— Bretonne Pie-noire— Fries-Hollands (FH), Française frisonne pie noire (FFPN), Friesian-Holstein,
Holstein, Black and White Friesian, Red and White Friesian, Frisona española,Frisona Italiana, Zwartbonten van België/Pie noire de Belgique, Sortbroget danskmælkerace (SDM), Deutsche Schwarzbunte, Schwarzbunte Milchrasse (SMR)
— Groninger Blaarkop
— Guernsey
— Jersey— Malkeborthorn
— Reggiana
— Valdostana Nera— Itäsuomenkarja
— Länsisuomenkarja
— Pohjoissuomenkarja.!
B1999R2342 — EN — 01.01.2000 — 001.001 — 25
ANNEX II
A VERAGE MILK YIELD REFERRED TO IN ARTICLE 18
Belgium 5450
Denmark 6800Germany 5800
Greece 4250
Spain 4650France 5550
Ireland 4100
Italy 5150Luxembourg 5700Netherlands 6800
Austria 4650
Portugal 5100Finland 6400
Sweden 7150
United Kingdom 5900!
B1999R2342 — EN — 01.01.2000 — 001.001 — 26
ANNEX III
NATIONAL CEILINGS FOR THE SLAUGHTER PREMIUM REFERRED TO
IN ARTICLE 38(1)
Adult bovines Calves
Belgium 711232 335935
Denmark 711589 54700
Germany 4357713 652132
Greece 235060 80324Spain 1982216 25629France 4041075 2045731Ireland 1776668 0Italy 3426835 1321236Luxembourg 21867 3432Netherlands 1207849 1198113Austria 546557 129881Portugal 325093 70911
Finland 382536 10090
Sweden 502063 29933United Kingdom 3266212 26271!
B1999R2342 — EN — 01.01.2000 — 001.001 — 27
ANNEX IV
Table referred to in Articles 21(3) and 46
1.SPECIAL PREMIUM
Number of animals
General scheme and slaughter scheme Slaughter scheme only
Regulation (EC)
No 1254/1999Deadline for submission Ref. Information required Single age bracket or first age bracket Second age bracketBoth age brackets
together
Bulls Steers Steers Steers
Article 46(1)(a) 15 September 1.1Number of animals applied for (January to June)
1 March 1.2Number of animals applied for (July to December)
Article 46(2)(a), first and
second indents31 July 1.3Number of animals accepted(full year)
Article 46(2)(a), fourth indent 31 July 1.4Numberofanimalsnotacceptedonaccountoftheapplication of the regional ceiling
Number of producers
General scheme and slaughter schemeSlaughter scheme
only
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information requiredSingle age bracket
or first age bracket
onlySecond age bracket
onlyBoth age brackets
togetherBoth age brackets
together only
Article 46(2)(a), third indent 31 July 1.5Number of producers granted premium!B1999R2342 — EN — 01.01.2000 — 001.001 — 28
2.DESEASONALISATION PREMIUM
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information requiredSingle age bracket
or first age bracketSecond age bracketBoth age brackets
together
Article 46(1)(d) 15 September 2.1Number of animals applied for
2.2Number of producers
1 March 2.3Number of animals accepted
2.4Number of producers
3.SUCKLER COW PREMIUM
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information required Pure suckler herds Mixed herds
Article 46(1)(b) 15 September 3.1Number of animals applied for (January to June)
1 March 3.2Number of animals applied for (July to December)
Article 46(2)(b) 31 July 3.3Number of cows accepted (full year)
3.4Number of heifers accepted (full year)
3.5Number of producers granted premium (full year)
Amount per head
Article 46(2)(e) 31 July 3.6National premium
Article 46(2)(d) 31 July 3.7Numberofanimalsnotacceptedonaccountofthe
application of the national ceiling for heifers!B1999R2342 — EN — 01.01.2000 — 001.001 — 29
4.EXTENSIFICATION PAYMENT
4.1.Application of the single stocking density (first subparagraph of Article 13(2) of Regulation (EC) No 1254/1999)
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information required Special premiumSuckler cow
premiumDairy cows Total
Article 46(2)(a), (b) and (c) 31 July 4.1.1Number of animals accepted
4.1.2Number of producers granted payment
4.2.Application of the two stocking densities (second subparagraph of Article 13(2) of Regulation (EC) No 1254/1999)
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information requiredSpecial premium Sucker cow premium Dairy cows Total
1,4-1,8 /commasubnosp1,41,4-1,8 /commasubnosp1,41,4-1,8 /commasubnosp1,41,4-1,8 /commasubnosp1,4
Article 46(2)(a), (b) and (c) 31 July 4.2.1Number of animals accepted
4.2.2Number of producers granted
payment
5.PREMIUM EXEMPT FROM THE DENSITY FACTOR
Regulation (EC)
No 2340/1999Deadline for submission Ref. Information required Animals Producers
Article 46(2)(f) 31 July 5Number of animals and producers in respect of
which the premium exempt from the applicationof the density factor was granted
6.SLAUGHTER PREMIUM
Number of animals
Regulation (EC)Deadline for submission Ref. Information requiredSlaughter Export
No 2340/1999
Adults Calves Adults Calves
Article 46(1)(c) 15 September 6.1Number of animals applied for (January to June)!B1999R2342 — EN — 01.01.2000 — 001.001 — 30
Regulation (EC)Deadline for submission Ref. Information requiredSlaughter Export
No 2342/1999
Adults Calves Adults Calves
1 March 6.2Number of animals applied for (July to December)
Article 46(2)(g) 31 July 6.3Number of animals accepted (full year)
Article 46(3) 31 July 6.4Numberofanimalsnotacceptedonaccountofthe
application of the national ceiling
Number of producers
Regulation (EC)Deadline for submission Ref. Information requiredSlaughter Export
No 2342/1999
Adults Calves Adults Calves
Article 46(2)(g) 31 July 6.5Number of producers granted premium
7.SUCKLER COW QUOTA
Regulation (EC)
No 2342/1999Deadline for submission Ref.Balance of rights at
start of yearRights ceded to national reserve arising
fromRights obtained from
national reserveBalance of rights at
end of year
Article 21(3) 1 March (Provisional information) 7.1 (a) Transfers
withoutholding(b) Insufficient
use
Article 21(3) 31 July (Definitive information) 7.2!B1999R2342 — EN — 01.01.2000 — 001.001 — 31