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"BCOMMISSION REGULATION (EEC) No 1318/93
of 28 May 1993
on detailed rules for the application of Council Regulation (EEC) No 2067/92 on measures to
promote and market quality beef and veal
(OJ L 132, 29.5.1993, p. 83)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 2440/93 of 2 September 1993 L 224 4 3.9.1993
"M2 Commission Regulation (EC) No 2895/95 of 15 December 1995 L 304 4 16.12.1995
"M3 Commission Regulation (EC) No 715/96 of 19 April 1996 L 99 13 20.4.1996
"M4 Commission Regulation (EC) No 487/97 of 17 March 1997 L 76 1 18.3.19971993R1318 — EN — 19.03.1997 — 004.001 — 1
COMMISSION REGULATION (EEC) No 1318/93
of 28 May 1993
on detailed rules for the application of Council Regulation (EEC) No
2067/92 on measures to promote and market quality beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 2067/92 of 30 June 1992
on measures to promote and market quality beef and veal (1), and in
particular Article 4 thereof;
Whereas detailed rules for the application of Regulation (EEC) No
2067/92 should be laid down, in particular as regards the admissibility of
applications for Community part-financing and the procedure for the
acceptance of the measures proposed; whereas the consumer’ s attention
should be drawn to beef and veal with identified and controlled
characteristics;
Whereas in addition the quality of beef and veal depends on the breed
and the rearing conditions of the animal from which they come together
with the conditions of slaughter, handling during transportation and
marketing; whereas the quality is better assured if minimum conditions
are met at all stages of preparation of the product; whereas the
information given to the consumer must be capable of being checked and
must be checked, in particular where a product presented as being a
quality product bears an identifying mark or symbol; whereas provisions
relating to the above requirements should therefore be adopted;
Whereas the Management Committee for Beef and Veal failed to deliver
an opinion within the time limit laid down by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down detailed rules for the application of the
promotion and marketing measures for quality beef and veal within the
meaning of Regulation (EEC) No 2067/92 (hereinafter referred to as
‘promotion measures’).
2. For the purposes of this Regulation:
(a) ‘promotion measures’ means activities relating in particular to
advertising and public relations measures aimed at encouraging the
consumption of quality beef and veal, including the organization of
and participation in trade fairs and exhibitions accompanied, where
appropriate, by the provision of marketing advice to the various
operators;
(b) ‘trade and inter-trade organizations’ means groups whose members
consist of operators in one or more branches of the chain of
production.
Article 2
1. Promotion activities part-financed may be pursued over a period of
not less than one year and not more than two, commencing on the date on
which the relevant contract takes effect.
2. Costs linked to the implementation of the control record referred to
in Article 4 (2) (b) and costs linked to studies required for the preparation
of promotion activities and to the possible creation of a logo mark or
symbol shall not be eligible for financing.!B
(1) OJ No L 215, 30. 7. 1992, p. 57.1993R1318 — EN — 19.03.1997 — 004.001 — 2
Article 3
Community part-financing shall be subject to the following conditions:
1. meat covered by the promotion activities must meet the requirements
laid down in this Regulation;
2. the production, handling and marketing of the meat shall be subject
at least to the quality and control requirements laid down in Annex I,
for all or part of the chain of production;
3. appropriate measures shall be taken to ensure the traceability of the
meat promoted, from the consumer to the segments of the production
chain covered by the measure.
Article 4
1. Applications for financing shall be lodged with the competent body
in the Member State in which the organization has its registered place of
business not later than 15 March each year. "M4However, applications
for promotion measures beginning in 1998 may be submitted up to 30
September 1997. 3
2. Applications shall include, in addition to the proposed promotionprogramme, the following documents:
(a) a document containing the contract specifications, endorsed by the
members of the applicant organization. The specifications shall
include:
— in the case referred to in Article 1 (1) of Regulation (EEC) No
2067/92, obligations at least equal to those set out in Annex I to
this Regulation for a complete segment of the chain of
production,
— in the case referred to in Article 1 (2) of Regulation (EEC) No
2067/92, obligations at least equal to those set out in Annex I to
this Regulation for the entire chain of production. In that event
the result will be specifications for integrated control;
(b) a control record of the application of the specifications, to be drawn
up by a body independent of the applicant organization or by a body
recognized by the Member State as being qualified to carry out this
control;
(c) the studies on which the proposed activity is based;
(d) an undertaking by the members of the applicant organization to
submit to the controls referred to in point (b);
(e) the rules of procedure of the applicant organization, setting out in
particular the methods for granting and withdrawing eligibility for
the promotion measures, including the right to use the collective logo
of the applicant organization. In the case of non-compliance with the
specifications, withdrawal shall cover the entire part-financing
period if the measure is to qualify;
(f) the articles of association of the applicant organization.
3. Applications shall be valid only where they are accompanied by a
written undertaking:
(a) to comply with the provisions of the standard contract drawn up by
the Commission and made available by the competent body;
(b) that an assessment study will be carried out by an independent body
within the time limit laid down in Article 7 (3), at the applicant’s
expense;
(c) not to submit an application for other Community or national aids for
the purposes of the measures part-financed under this Regulation.!B
!M2
!B1993R1318 — EN — 19.03.1997 — 004.001 — 3
4. Any trade or inter-trade organization applying for part-financing
must:
— have its registered place of business in a Member State of the
Community, and
— have the legal and practical ability to implement the planned
promotion activity.
5. The applicant organizations shall provide at any time at the request
of the competent bodies and/or the Commission proof of the correctness
of the information used relating to the characteristics of the product and
the conditions under which it is obtained.
Article 5
1. The competent body shall draw up a list of all the applications for
financing which it has received and send it to the Commission with a
reasoned opinion on each of them before 15 April. "M4However, for
applications submitted in 1997, it shall forward each application and the
corresponding reasoned opinion within 15 days of its receipt. 3
2. Following scrutiny by the Management Committee for Beef andVeal, in accordance with Article 28 of Council Regulation (EEC) No
805/68 (
1), the Commission shall determine the successful applications at
the earliest opportunity.
Preference shall be given to applications submitted by several
organizations established in more than one Member State carrying out
integrated control within the meaning of the second indent of Article 4
(2) (a) of this Regulation, having coordinated their activities beforehand
and using a collective logo.
Article 6
1. Applicant organizations shall be informed individually of the
outcome of their applications as promptly as possible by the competent
body.
2. The competent bodies shall conclude contracts for the selected
measures with the successful applicant organization within one month of
notification of the decision to the Member State.
To that end the bodies shall use the standard contract referred to in
Article 4 (3) (a).
3. The contract shall take effect following the lodging of a security in
favour of the competent body equal to 15 % of the maximum amount of
the Community part-financing to ensure proper execution.
Where the security is not lodged within two weeks of the date of
conclusion of the contract, the latter shall be void and shall not longer
have any legal effect.
Such securities shall be lodged in accordance with Commission
Regulation (EEC) No 2220/85 (2).
The ‘primary requirements’ within the meaning of Article 20 of that
Regulation shall comprise:
(a) implementation within the time limits laid down of the measures
selected in accordance with the promotion programme proposed;
(b) the drawing-up of the control record referred to in Article 4 (2) (b) of
this Regulation;
(c) where necessary, the imposition of penalties provided for in the rules
of procedure in the case of non-compliance with the specifications,
in particular the withdrawal of eligibility for the promotion
measures.!B
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 205, 3. 8. 1985, p. 5.1993R1318 — EN — 19.03.1997 — 004.001 — 4
Securities shall be released upon payment of the balance pursuant to
Article 7.
4. Failure to comply with any one of the primary requirements referred
to in paragraph 3 or the repeated failure to comply with other obligations
may result in the contract’s being terminated.
Article 7
1. The parties concerned may submit applications for an advance as
from the date on which the contract takes effect.
Advances shall cover 30 % of the maximum amount of part-financing.
"M1Advances for the year 1993 may, however, cover 50 % of this
maximum amount, on condition that they are paid before 10 October
19933.
Advances shall be paid subject to provision in favour of the competent
body of a security equal to 110 % of the advance, lodged in accordance
with Regulation (EEC) No 2220/85.
The ‘primary requirements’ within the meaning of this Regulation shall
be those referred to in Article 6 (3) of this Regulation.
2. Payments shall be made on the basis of quarterly invoices submitted
together with the relevant supporting documents and an interim report on
the implementation of the programme.
However, the advance and payments referred to in paragraph 1 may not
together exceed 75 % of the entire Community financial contribution.
3. Applications for the balance shall be submitted not later than the end
of the fourth month following completion of the measures provided for in
the contract. They shall be accompanied by:
— the relevant supporting documents,
— a statement summarizing the measures carried out,
— a report assessing the results achieved to date and the use which may
be made thereof.
Except in cases of force majeure, failure to lodge applications for the
balance accompanied by the documentation by the final date shall result
in a reduction of 3 % of the balance per month of delay.
4. The balance shall be paid subject to verification of the documents
referred to in paragraph 3.
In the event of failure to comply with one of the primary requirements
referred to in Article 6 (3), no payment shall be made except in cases of
force majeure .
Failure to comply with the other requirements shall result in the balance
being reduced in proportion to the extent of the irregularity recorded.
5. The securities referred to in paragraph 1 shall be released in so far as
the balance has been paid pursuant to paragraph 4.
However:
(a) if the amount of the advance exceeds the final amount of the
part-financing, the proportion of the security corresponding to the
amount overpaid shall be forefeit;
(b) failure to submit an application for the balance by the final date shall
result in the security being forfeit in proportion to the reduction in
the balance provided for in paragraph 3.
6. The competent body shall make the payments provided for in this
Article within three months from receipt of applications. However, it may
defer the payments referred to in paragraphs 2 and 4 where further
checks are required.!B
!M2
!B1993R1318 — EN — 19.03.1997 — 004.001 — 5
7. The competent body shall forward the assessment reports referred to
in paragraph 3 to the Commission without delay.
8. The applicable agricultural conversion rate shall be governed by
Commission Regulation (EEC) No 1068/93 (1), However, notwith-
standing Article 12 (1) of that Regulation, the operative event for 1993
shall be the day on which this Regulation enters into force.
Article 8
1. The competent bodies shall take the necessary measures to verify:
— the accuracy of the information and supporting documents supplied,— fulfilment of all the contractual obligations,inter alia by means of technical, administrative and accounting checks at
the premises of the contracting party, any partners of the contracting
parties and subcontractors.
Without prejudice to Council Regulation (EEC) No 595/91 (
2), they shall
inform the Commission immediately in writing of any irregularities
discovered.
2. With a view to the application of paragraph 1, where measures
carried out by the contractor are executed in a Member State other than
that in which the contracting competent body is established, the
competent bodies of the Member States concerned shall assist one
another.
Article 9
1. In the case of undue payment, the beneficiary shall be obliged to
reimburse the amounts in question plus interest calculated on the basis of
the time elapsing between payment and reimbursement by the
beneficiary.
The interest rate applicable shall be the rate applied by the European
Monetary Cooperation Fund to its operations in ecus, as published in the
‘C’ series of the Official Journal, in force on the date of the undue
payment, plus 3 percentage points.
2. Amounts recovered, together with interest, shall be paid to the
disbursing agencies or departments and deducted by the latter from
expenditure financed by the European Agricultural Guidance and
Guarantee Fund in proportion to the Community part-financing.
Article 10
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ No L 108, 1. 5. 1993, p. 106.
(2) OJ No L 67, 14. 3. 1991, p. 11.1993R1318 — EN — 19.03.1997 — 004.001 — 6
ANNEX I
MINIMUM PRODUCTION, QUALITY AND CONTROL REQUIRE-
MENTS
Stockbreeding
Origin:
Breeds other than those listed in Annex II to Commission Regulation (EEC) No
3886/92 (1) and the first crosses with one of those breeds
Health monitoring:
— Registration procedure for health measures— Additional checks on stockbreeding farms that unauthorized products are not
being administered; in the case of non-compliance, definitive exclusion ofthe producer from eligibility for the promotion measures
Residues:
Additional checks for illegal substances on live animals and carcases, and on feedWelfare:Application of national and international standards
Identification:
Individual animal identification system
Transport and pre-slaughter
Application of European standards and stress elimination measures
Slaughter
Product:
Fresh meat
Types of carcase:
— Bulls (category A within the meaning of Council Regulation (EEC) No
1208/81) (
2)
— Steers (category C within the meaning of Regulation (EEC) No 1208/81)— Female animals less than 48 months
Category:Conformation: SEUR
Fat cover: — bulls: 2 and 3
— Cows and castrated animals: 2, 3
Hygiene:
Application of Community standards
pH
+
Less than six
Marketing
Maturing:
At least seven days from slaughter to placing on sale to the consumerWholesale and retail marketing:Monitoring and checks to establish whether the meat does not lose quality as a
result of inappropriate handling and storage; the organization may lay down
specific rules to be complied with!
B
(1) OJ No L 391, 31. 12. 1992, p. 20.
(2) OJ No L 123, 7. 5. 1981, p. 3.1993R1318 — EN — 19.03.1997 — 004.001 — 7
Traceability
By means of the individual animal identification system covering carcases up to
the point of retail sale and from the point of sale back to the animal!B1993R1318 — EN — 19.03.1997 — 004.001 — 8
ANNEX II
In accordance with Article 4 (1), interested parties are hereby informed that
proposals are to be sent, within the time limits laid down, to the followingcompetent authorities, in one original and five copies by registered letter or by
messenger with acknowledgement of receipt:
Member State Competent authority
Belgium Office belge de l’économie et de l’agriculture,
rue de Trèves 82,
B-1040 Bruxelles.
Denmark Landbrugsministeriet,
EF-Direktoratet,
Nyropsgade 26,
DK-1602 København V .
Germany Bundesanstalt für landwirtschaftliche Marktordnung
(BALM),
Adickesallee 40,
D-6000 Frankfurt am Main 18.
Greece Direction for the management of agricultural products
(DIDAGEP),241 Acharnon Street,104-46
GR-Athens.
France OFIV AL
Tour Montparnasse,
33, avenue du Maine,
F-75755 Paris Cedex 15.
Ireland Department of Agriculture and Food,
Agriculture House,
Kildare Street,
IRL-Dublin 2.
Italy Azienda di Stato per gli interventi sul mercato agricolo
(AIMA),via Palestro 81,
I-00198 Roma.
Luxembourg Administration des Services techniques de l’agriculture,
16, route d’Esch,
L-1470 Luxembourg.
Netherlands Produktschap Vee en Vlees,
Sir Winston Churchilllaan 275,
NL-2288 EA Rijswijk.
United Kingdom Intervention Board for Agricultural Produce,
Fountain House,
2 Queen’ s Walk,
GBReading, Berks RG1 7QW .
Spain Secretaría General de Alimentación,
Ministerio de Agricultura, Pesca y Alimentación,
Paseo Infanta Isabel 1,
E-28014 Madrid.
Portugal Instituto Nacional de Intervenção e Garantia Agrícola
(INGA),
Rua Camilo Castelo Branco, 45, 2
o,
P-1000 Lisboa.!B1993R1318 — EN — 19.03.1997 — 004.001 — 9