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"BCOMMISSION REGULATION (EC) No 716/96
of 19 April 1996
adopting exceptional support measures for the beef market in the United Kingdom
(OJ L 99, 20.4.1996, p. 14)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 774/96 of 26 April 1996 L 104 21 27.4.1996
"M2 Commission Regulation (EC) No 835/96 of 6 May 1996 L 112 17 7.5.1996
"M3 Commission Regulation (EC) No 1512/96 of 29 July 1996 L 189 93 30.7.1996
"M4 Commission Regulation (EC) No 1846/96 of 25 September 1996 L 245 9 26.9.1996
"M5 Commission Regulation (EC) No 1974/96 of 15 October 1996 L 262 2 16.10.1996
"M6 Commission Regulation (EC) No 2149/96 of 8 November 1996 L 288 14 9.11.1996
"M7 Commission Regulation (EC) No 2423/96 of 18 December 1996 L 329 43 19.12.1996
"M8 Commission Regulation (EC) No 1365/97 of 16 July 1997 L 188 6 17.7.1997
"M9 Commission Regulation (EC) No 1176/2000 of 31 May 2000 L 131 37 1.6.2000
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).1996R0716 — EN — 05.06.2000 — 002.001 — 1
COMMISSION REGULATION (EC) No 716/96
of 19 April 1996
adopting exceptional support measures for the beef market in the
United Kingdom
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968
on the common organization of the market in beef and veal (1), as last
amended by Commission Regulation (EC) No 2417/95 (2) and, in
particular, Article 23 thereof,
Whereas Commission Decision 96/239/EC of 27 March 1996 on
emergency measures to protect against bovine spongiform encephalo-
pathy (BSE) (3) prohibits the exportation of live bovine animals, or any
part of them, from the United Kingdom to other Member States and their
export to third countries as a result of the incidence of BSE in the United
Kingdom; whereas the United Kingdom has prohibited the introduction
of bovine animals of more than 30 months at the time of slaughter into
the human food and animal feed chains; whereas these measures involve
serious disturbances in the market of the United Kingdom; whereas it is
therefore necessary to take exceptional measures to support this market;
whereas it is appropriate to establish a Community co-financed scheme
authorizing the United Kingdom to purchase the animals covered by the
abovementioned prohibition with a view to killing and subsequently
destroying them;
Whereas, in view of the extent of the disease, in particular, of its
probable duration, and consequently of the magnitude of the efforts
needed to support the market, it would be appropriate for such efforts to
be shared by the Community and the United Kingdom;
Whereas, in most cases animals slaughtered above the age of 30 months
are cull cows; whereas the most recently observed price of carcases of
cows on the United Kingdom market was equivalent to ECU 1 per
kilogram live weight and that it is therefore appropriate to base the
purchase price on this, without prejudice to the possibility of subsequent
adjustment in the light of developments; whereas, in similar cases the
Community has contributed to the overall expenditure incurred at a rate
of 70 %; whereas a price of ECU 1 per kilogram is equal on average to a
price of ECU 560 per animal; whereas it is appropriate, in view of the
large numbers of animals concerned and in the interests of sim-
plification, to provide a Community contribution of ECU 392 per
animal;
Whereas, it is necessary to ensure that the animals concerned are killed
and destroyed in a manner which does not pose any threat to human
health or the health of other animals; whereas, it is therefore necessary to
specify the conditions for the destruction of these animals and of the
controls to be carried out by the United Kingdom authorities; whereas,
so as to avoid that animals to be slaughtered under this scheme mix with
animals not covered by this scheme and that mistakes as to identity
occur, they should be kept separately in the lairage to a slaughterhouse,
as well as in the slaughterhouse itself;
Whereas, provision should be made for Commission experts to check
compliance with the conditions as specified;
Whereas the Management Committee for Beef and Veal has not
delivered an opinion within the time limit set by its chairman,!B
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 248, 14. 10. 1995, p. 39.
(3) OJ No L 78, 28. 3. 1996, p. 47.1996R0716 — EN — 05.06.2000 — 002.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
1. The United Kingdom competent authority shall be authorized to
purchase any bovine animal aged more than 30 months which does not
show any clinical sign of BSE, presented to it by any producer or his
agent, which was, during a period of at least "M6six months 3prior
to its sale, present on a holding located on the territory of the United
Kingdom.
2. The animals referred to in paragraph 1 shall be killed in specially
designated slaughterhouses, the heads, internal organs and carcases shall
be permanently stained. The stained material shall be transported in
sealed containers to specially authorized incineration or rendering plants,
where it shall be processed and then destroyed. No part of the
abovementioned animals may enter into the human food or animal feed
chains or be used for cosmetic or pharmaceutical products. A
representative of the United Kingdom competent authority shall be
permanently present in the slaughterhouse referred to above in order to
supervise the operations in question.
Notwithstanding the first subparagraph:
— the United Kingdom competent authority may allow the on-farm
slaughter of an animal where existing animal welfare practice would
require this,
— the hides of the animals referred to in paragraph 1 do not have to be
stained or destroyed provided that they have been treated in such a
way that they can only be used for leather production.
3. The slaughterhouses referred to in paragraph 2 shall be organized
and operated in such a way as to ensure that:
— no bovine animal, the product from the slaughter of which is
intended for human or animal consumption, is present in the
slaughterhouse when animals are being slaughtered under this
scheme,
— where it is necessary for bovine animals to be slaughtered under the
scheme to be held in lairage, they shall be kept separate from bovine
animals which it is intended to slaughter for human or animal
consumption, and
— where it is necessary for products derived from animals slaughtered
under this scheme to be stored, such storage shall be separate from
any storage facility used for meat or other products destined for
human or animal consumption.
4. The United Kingdom competent authority shall:
— carry out the necessary administrative checks and effective on-the-
spot supervision of the operations referred to in paragraphs 2 and 3,
and
— control those operations on the basis of frequent and unannounced
inspections, in particular to verify that all stained material has been
effectively destroyed;
The results of these checks and controls shall be made available to the
Commission on request.
5. If the number of animals presented for sale and subsequent
destruction exceeds the number for which there is capacity to destroy
in the United Kingdom, the competent authority may limit access to this
scheme.!B
!M1
!B1996R0716 — EN — 05.06.2000 — 002.001 — 3
!M5
6. Notwithstanding paragraph 1 and subject to the necessary control,
the United Kingdom competent authority shall be authorized, before
processing and destruction, to use a limited number of animals for
research or educational purposes.
Article 2
1. The price to be paid to producers or their agents by the United
Kingdom competent authority pursuant to Article 1 (1) shall be:
— ECU 0,8 per kilogram live weight for cows,— ECU 0,9 per kilogram live weight for other animals.
2. Where it is necessary to weigh the animal concerned after slaughter,
in order to calculate what the live weight would have been, the dead
weight after bleeding and removal of the hide, head, feet and viscera shall
be multiplied by a coefficient of:
— 2 in the case of cows,— 1,70 in the case of all other animals.
3. The Community shall co-finance the expenditure incurred by the
United Kingdom for the purchases referred to under Article 1 (1) at a rate
of ECU 291 per head in the case of cows and ECU 328 per head in the
case of animals other than cows for each purchased animal destroyed in
accordance with the provisions of Article 1.
However, an advance equal to 80 % of the Community contribution shall
be paid after the animal concerned has been rendered in accordance with
Article 1 (2).
4. Should the purchase referred to in Article 1 (1) involve a castrated
male bovine animal, payment of the full price referred to in paragraph 1
shall be conditional on no application for a deseasonalization premium as
referred to in Article 4c of Regulation (EEC) No 805/68 having been
made for the animal that was sold.
The producer or his agent shall undertake to ensure that this premium is
not sought for the animal in question.
Should this undertaking not be given, the amount of the price to be paid
in accordance with paragraph 1 for the animal in question shall be
reduced by an amount equal to the applicable amount of the
deseasonalization premium. Should an application for this premium be
presented for this animal, the producer concerned shall be obliged to
refund out of the price received for the animal an amount equal to the
applicable deseasonalization premium. In these two cases, the rate of the
Community contribution provided for in paragraph 3 shall be reduced by
an amount equal to the applicable deseasonalization premium.
5. The conversion rate to be applied shall be the agricultural rate valid
on the first day of the month of the purchase of the animal in question.
Article 3
The United Kingdom shall adopt all measures necessary to ensure proper
application of this scheme and full compliance with the provisions of this
Regulation. It shall inform the Commission as soon as possible of the
measures which it has taken and of any amendments thereto.!M8
!M9
!M8
!B1996R0716 — EN — 05.06.2000 — 002.001 — 4
Article 4
The United Kingdom competent authority:
(a) shall inform the Commission each Wednesday, of the number of
animals:
— purchased, and— slaughteredunder this scheme during the previous week;
(b) shall establish a detailed report of the controls which they have taken
under the measures referred to in Article 3 and shall communicate
this to the Commission each quarter.
Article 5
Without prejudice to Article 9 of Council Regulation (EEC) No
729/70 (
1), Commission experts, accompanied where appropriate by
experts from the Member States, shall carry out, in collaboration with the
United Kingdom competent authority, on-the-spot checks to verify
compliance with all the provisions of this Regulation.
Article 6
The measures taken under this Regulation shall be considered to be
intervention measures within the meaning of Article 1 (2) of Regulation
(EEC) No 729/70.
Article 7
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall be applicable from 29 April 1996.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ No L 94, 28. 4. 1970, p. 13.1996R0716 — EN — 05.06.2000 — 002.001 — 5