1993R1318 — EN — 10.09.1993 — 001.001 — 1
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►B 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
(OJ L 132, 29.5.1993, p. 83)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2440/93 of 2 September 1993 L 224 4 3.9.1993
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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,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
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 admissibilityof applications for Community part-financingand the procedure for theacceptance of the measures proposed; whereas the consumer’s attentionshould be drawn to beef and veal with identified and controlled charac-teristics;
Whereas in addition the quality of beef and veal depends on the breed
and the rearingconditions of the animal from which they come tog etherwith the conditions of slaughter, handling during transportation andmarketing; whereas the quality is better assured if minimum conditionsare met at all stages of preparation of the product; whereas the informa-tion given to the consumer must be capable of being checked and mustbe checked, in particular where a product presented as beinga qualityproduct bears an identifyingmark or symbol; whereas provisionsrelatingto 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 marketingmeasures for quality beef and veal within themeaningof Reg ulation (EEC) No 2067/92 (hereinafter referred to as‘promotion measures').
2. For the purposes of this Regulation:
(a) ‘promotion measures' means activities relatingin particular to
advertisingand public relations measures aimed at encourag ingtheconsumption of quality beef and veal, includingthe org anization ofand participation in trade fairs and exhibitions accompanied, whereappropriate, by the provision of marketingadvice to the variousoperators;
(b) ‘trade and inter-trade organizations'means groups whose members
consist of operators in one or more branches of the chain of produc-tion.
Article 2
1. Promotion activities part-financed may be pursued over a period
of not less than one year and not more than two, commencingon thedate 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
(1) OJ No L 215, 30. 7. 1992, p. 57.
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preparation of promotion activities and to the possible creation of a logomark or symbol shall not be eligible for financing.
Article 3
Community part-financingshall be subject to the followingconditions:
1. meat covered by the promotion activities must meet the requirements
laid down in this Regulation;
2. the production, handlingand marketingof 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 productionchain covered by the measure.
Article 4
1. Applications for financingshall be lodg ed with the competent
body in the Member State in which the organization has its registeredplace of business not later than 15 March each year. However, for 1993,applications may be lodged up to 31 August 1993.
2. Applications shall include, in addition to the proposed promotion
programme, the following documents:
(a) a document containingthe contract specifications, endorsed by the
members of the applicant organization. The specifications shallinclude:
— 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 tothis Regulation for a complete segment of the chain of produc-tion,
— 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 tothis Regulation for the entire chain of production. In that eventthe 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 abody recognized by the Member State as being qualified to carryout this control;
(c) the studies on which the proposed activity is based;
(d) an undertakingby the members of the applicant org anization 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 g rantingand withdrawingelig ibility forthe promotion measures, includingthe rig ht to use the collectivelogo of the applicant organization. In the case of non-compliancewith the specifications, withdrawal shall cover the entire part-financingperiod 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 at the request of the
Commission 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 Regula-tion.
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
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— have the legal and practical ability to implement the planned promo-
tion activity.
5. The applicant organizations shall provide at any time at the
request of the competent bodies and/or the Commission proof of thecorrectness of the information used relatingto the characteristics of theproduct and the conditions under which it is obtained.
Article 5
1. The competent body shall draw up a list of all the applications for
financingwhich it has received and send it to the Commission with areasoned opinion on each of them before 15 April. However, for 1993,it shall forward each application accompanied by a received opinion inthe two weeks followingits receipt.
2. Followingscrutiny by the Manag ement Committee for Beef and
Veal, in accordance with Article 28 of Council Regulation (EEC) No805/68 (
1), the Commission shall determine the successful applications
at the earliest opportunity.
Preference shall be given to applications submitted by several organ-
izations established in more than one Member State carryingout inte-grated control within the meaning of the second indent of Article 4 (2)(a) of this Regulation, having coordinated their activities beforehandand usinga collective log o.
Article 6
1. Applicant organizations shall be informed individually of the
outcome of their applications as promptly as possible by the competentbody.
2. The competent bodies shall conclude contracts for the selected
measures with the successful applicant organization within one monthof 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 followingthe lodg ingof a security in
favour of the competent body equal to 15 % of the maximum amount ofthe Community part-financingto 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 longerhave any legal effect.
Such securities shall be lodged in accordance with Commission Regula-
tion (EEC) No 2220/85 (
2).
The ‘primary requirements' within the meaningof 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 specifica-tions, in particular the withdrawal of eligibility for the promotionmeasures.
Securities shall be released upon payment of the balance pursuant to
Article 7.
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 205, 3. 8. 1985, p. 5.
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4. Failure to comply with any one of the primary requirements
referred to in paragraph 3 or the repeated failure to comply with otherobligations 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 October1993◄.
Advances shall be paid subject to provision in favour of the competent
body of a security equal to 110 % of the advance, lodged in accordancewith Regulation (EEC) No 2220/85.
The ‘primary requirements'within the meaningof this Reg ulation 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 aninterim report on the implementation of the programme.
3. Applications for the balance shall be submitted not later than the
end of the fourth month followingcompletion of the measures providedfor in the contract. They shall be accompanied by:
— the relevant supportingdocuments,
— a statement summarizingthe measures carried out,— a report assessingthe 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 resultin a reduction o f3%o ft h e 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 offorce majeure .
Failure to comply with the other requirements shall result in the balance
beingreduced in proportion to the extent of the irreg ularity 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 theamount overpaid shall be forefeit;
(b) failure to submit an application for the balance by the final date
shall result in the security beingforfeit in proportion to the reduc-tion 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, itmay defer the payments referred to in paragraphs 2 and 4 where furtherchecks are required.
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-
(1) OJ No L 108, 1. 5. 1993, p. 106.
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standingArticle 12 (1) of that Reg ulation, 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 supportingdocuments supplied,
— fulfilment of all the contractual obligations,
inter alia by means of technical, administrative and accountingchecks
at the premises of the contractingparty, any partners of the contractingparties and subcontractors.
Without prejudice to Council Regulation (EEC) No 595/91 (
1), they
shall inform the Commission immediately in writingof any irreg ulari-ties 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 thanthat in which the contractingcompetent body is established, thecompetent bodies of the Member States concerned shall assist oneanother.
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 basisof the time elapsingbetween payment and reimbursement by the benefi-ciary.
The interest rate applicable shall be the rate applied by the European
Monetary Cooperation Fund to its operations in ecus, as published inthe ‘C'series of the Official Journal, in force on the date of the unduepayment, plus 3 percentage points.
2. Amounts recovered, together with interest, shall be paid to the
disbursingag encies or departments and deducted by the latter fromexpenditure financed by the European Agricultural Guidance and Guar-antee 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.
(1) OJ No L 67, 14. 3. 1991, p. 11.
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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 stockbreedingfarms that unauthorized products are not
beingadministered; in the case of non-compliance, definitive exclusion of theproducer from eligibility for the promotion measures
Residues:Additional checks for illegal substances on live animals and carcases, and on
feed
Welfare:Application of national and international standardsIdentification:Individual animal identification system
Transport and pre-slaughter
Application of European standards and stress elimination measures
Slaughter
Product:Fresh meatTypesof carcas e:
— 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 standardspH
+
Less than six
Marketing
Maturing:At least seven days from slaughter to placing on sale to the consumerWholesale and retail marketing:Monitoringand checks to establish whether the meat does not lose quality as a
result of inappropriate handling and storage; the organization may lay downspecific rules to be complied with
Traceability
By means of the individual animal identification system coveringcarcases up to
the point of retail sale and from the point of sale back to the animal
(1) OJ No L 391, 31. 12. 1992, p. 20.
(2) OJ No L 123, 7. 5. 1981, p. 3.
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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 bymessenger 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 OFIVAL
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.
LuxembourgAdministration des Services techniques de l’ag ricul-
ture,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,GB Reading, 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.