1999R2342 — EN — 26.10.2001 — 008.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2342/1999
of28October1999
laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the
commonorganisationofthemarketinbeefandvealasregardspremiumschemes
(OJ L 281, 4.11.1999, p. 30)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1042/2000 of 18 May 2000 L 118 4 19.5.2000
►M2Commission Regulation (EC) No 1900/2000 of 7 September 2000 L 228 25 8.9.2000
►M3Commission Regulation (EC) No 2733/2000 of 14 December 2000 L 316 44 15.12.2000
►M4Commission Regulation (EC) No 192/2001 of 30 January 2001 L 29 27 31.1.2001
►M5Commission Regulation (EC) No 1458/2001 of 17 July 2001 L 194 4 18.7.2001
►M6Commission Regulation (EC) No 2088/2001 of 25 October 2001 L 282 39 26.10.2001
▼B
COMMISSIONREGULATION(EC)No2342/1999
of28October 1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 1254/1999 on the common organisation of the market in
beefandvealasregardspremiumschemes
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) No805/68(
2). In order to take account of the new arrangements, it is
necessary to amend Commission Regulation (EEC) No 3886/92of 23 December 1992 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 themarket 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 of Council Regulation (EEC) No 3508/92 of 27 November
1992 establishing an integrated administration and control systemfor certain Community aid schemes(
5) (hereinafter referred to as
‘the integrated system’), as last amended by Regulation (EC) No1036/1999(
6). As aresult, this Regula tion 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 the same age bracket for those animals affected by
application of these two measures. For the purposes of thedeseasonalisation premium, these animals should be deemed tohave qualified for the special premium;
(4)Article 4(3)(b) of Regulation (EC) No 1254/1999 lays down thateach male bovine animal should be covered, until slaughter oruntil export, by an animal passport within the meaning of CouncilRegulation (EC) No 820/97 of 21 April 1997 establishing asystem for the identification and registration of bovine animals
and regarding the labelling of beef and beef products(
7)o ran
equivalent administrative document. Provision should be madefor the administrative document to be drawn up and issued atnational level. In order to take account of particular adminis-trative and control conditions in the Member States, differentforms of administrative document should be allowed;1999R2342 — EN — 26.10.2001 — 008.001 — 2
(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.
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(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 ofslaughter should be consistent with the arrangements for grantingthe slaughter premium. The types of documents which are toaccompany the animal until slaughter, dispatch or export shouldbe specified. In order to take account of the specific features of
the form of granting at the time of slaughter, the age conditions
for steers and the method of presentation of the carcase for adultbovine animals should be laid down;
(7)the conditions for granting the deseasonalisation premium shouldbe laid down, in accordance with the arrangements for grantingthe slaughter premium. The task of determining, on the basis ofavailable information, which Member States meet the conditionsfor 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 oldscheme may in their essentials continue to be applied, inparticular as regards the average milk yield and the additional
national premium;
(9)with aview to implementing the system of individua l ceilings, the
rules governing the determination of those ceilings and theircommunication to the producers should be laid down. In order tostrengthen the regulating effect which that system will have onthe market, provision should be made for premium rights not usedby their holder 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 bythe beneficiaries solely for the intended purposes;
(10)the mobilisation of these rights should be encouraged, as shouldtheir allocation to producers who will benefit from them. To thisend, aminimum percenta ge of use of rights to the premiumshould be fixed. This percentage needs to be sufficient to avoid
underutilisation of the rights available in certain Member States,
which might give rise to problems for priority producers applyingfor rights through the national reserve. Member States shouldtherefore be authorised to raise the minimum percentage of use ofrights, which should not, however, exceed 90 %;
(11)Articles 22 and 23 of Council Regulation (EC) No 1257/1999 of17 May 1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and
amending and repealing certain regulations(
1) establish extensi-
fication programmes. Provision should be made for thesuspension, during the entire period of participation in the aboveprogrammes, of the use of rights to the suckler cow premiumreleased in this way. The use of the rights released should,
however, be authorised by way of exception to meet the needs for
rights to the premium as part of other agri-environmentalmeasures. One of the objectives of the early retirement schemelaid down by Article 10 of that Regulation is to encourage thereplacement of elderly farmers by farmers able to improve the
economic viability of the remaining agricultural holdings. There
is reason to fear that certain farmers will not take part in the earlyretirement programmes if this is likely to lead, in the long term, tothe loss of their suckler cow premium rights. Member Statesshould therefore be able to provide for an extension of the totalduration of temporary leasing on the basis of those programmes;1999R2342 — EN — 26.10.2001 — 008.001 — 3
(1) OJ L 160, 26.6.1999, p. 80.
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(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 admin-istrative work, Member States should be permitted to fix aminimum number of rights which may be transferred or leased.Such rules should also prevent infringement of the undertakingprovided for in Article 8(1) of Regulation (EC) No 1254/1999 to
surrender, each time that rights are transferred without transfer of
the holding, a certain percentage of such transferred rights to thenational reserve. Moreover, provision should be made for thistemporary leasing to be limited in time so as to avoid abuse of thetransfer rules;
(13)provision should be made to allow flexibility in meeting theadministrative deadline for the transfer of rights where the
producer can prove that he has inherited rights from a deceased
producer;
(14)the special case where a producer uses only publicly orcollectively owned land for grazing and transfers all his rightsto another farmer, thus ceasing production, should be deemedequivalent 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 temporary
leasing of rights are conducted solely via the national reservenecessitates the establishment of a legal framework designed topreserve economic consistency with the system of direct transfersbetween producers. Objective criteriashould be esta blished forthe determination 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 nationalreserve;
(16)Article 10 of Regulation (EC) No 1254/1999 lays down, forMember States complying with the conditions in that Article, aspecial optional scheme to manage the granting of the suckler-cow premium for heifers. 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 aCommission decision. The special arrangements for granting thepremium should be specified. In accordance with the overallobjective of the suckler-cow premium, this premium should be
paid to farmers whose herd of heifers is intended to restock cow
herds and not for the production of heifers for slaughter. To thisend Member States should lay down criteria, which may includein particular an age limit and/or breed requirements;
(17)the method for calculating the stocking density should bedetermined. In order to simplify practical application of thestocking density, a date should be laid down for taking the milk
reference quantity into consideration;
(18)the extensification payment should be conditional on compliance
with one, or at most two, stocking densities, at the Member State'schoice. The stocking density for the extensification paymentscheme should include all bovine animals aged six months andover present on the holding. Special rules are therefore required
for counting animals and for the producer's statement of
participation in the scheme. Management of this scheme maybe greatly facilitated by using the computerised database referredto in Regulation (EC) No 820/97. Provision should therefore bemade for using that database, on condition that it offers, to thesatisfaction of the Member State, adequate assurances as to the
accuracy of the data it contains for the purposes of the
extensification payment scheme;
(19)there is a risk that some producers may comply artificially withthe average stocking rates required for the grant of theextensification payment, owing in particular to abnormally lowstocking rates during part of the year. Steps should be taken toensure that the extensification payment is not granted to such1999R2342 — EN — 26.10.2001 — 008.001 — 4
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producers. To this end it should be specified, for the sake of
clarification, that this situation falls within the scope of Article 7of Council Regulation (EC) No 1259/1999 of 17 May 1999
establishing common rules for direct support schemes under the
common agricultural policy(
1) and that Member States should
therefore take all the necessary measures to apply that Articlewithin 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, forMember 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 availableinformation, which Member States meet the conditions forapplying this special scheme should be laid down. The specialarrangements for granting the premium should be specified. Forthe sake of consistency with the general extensification payment
scheme, and in order to establish the precise number of dairy
cows eligible for the payment, a minimum retention period shouldbe 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 to periods, dates and time limits(
2) would
artificially extend retention periods which are expressed in termsof months by one or more days. Specific provisions shouldtherefore 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 systemshould be taken to represent such an application, provided that itcontains all the elements needed to justify payment of thepremium and that the animal is slaughtered in the same MemberState or in another Member State, or exported;
(24)pursuant to Regulation (EC) No 820/97, Member States shouldhave a fully operational computerised database from 31December 1999. It should be possible to use that database tofacilitate the management of the slaughter premium, on conditionthat the Member State considers that the database offers adequate
assurances as to the accuracy of the data it contains for the
purposes of the payment of premiums;
(25)the slaughter premium for calves is conditional on a maximumweight limit. A standard type of carcase presentation shouldtherefore be laid down, to which this maximum weight applies;
(26)Article 11(1) of Regulation (EC) No 1254/1999 lays down aretention period as a condition for granting the slaughterpremium. It is therefore necessary to define and quantify thatperiod;
(27)detailed information on the national rules on, and implementationof, the additional payments must be forwarded to the Commis-
sion;
(28)to ensure that farmers receive payments as quickly as possible,
provision should be made for granting advances. However, inview of the application of the national or regional ceilings, stepsshould be taken 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 thepremium schemes subject to those ceilings;1999R2342 — EN — 26.10.2001 — 008.001 — 5
(1) OJ L 160, 26.6.1999, p. 113.
(2) OJ L 124, 8.6.1971, p. 1.
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(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 infringe-ments, determination of the duration of penalties should be left tothe Member States, which are better placed to judge the truegravity of the offence committed;
(30)the special premium and suckler cow premium schemes are basedon the calendar year as the period of reference. It is necessary tofix the date determining the elements to be taken intoconsideration for the application 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 the special premium paid on slaughter,special rules must be laid down in order to avoid carry-overs fromone year to the next with a view to obtaining a higher premium.
As regards the slaughter premium, the date of slaughter or of
export is a better indication of whether the operations concernedhave 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 CouncilRegulation (EC) No 2799/98 of 15 December 1998 establishingagrimonetary arrangements for the euro(
1) is defined as the rate
on a given day. The rate applicable on the date of the operativeevent 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 into national currency due to theexchange rate on a single date. To this end, the best solutionappears to be an average of the exchange rates applicable duringthe month preceding the allocation year, calculated pro 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 resultsof the application of the said schemes. Provision should thereforebe made for the Member States to be subject to certainnotification obligations. To facilitate the transmission andanalysis of the data, a consistent format for submitting that data
should be laid down;
(33)in order to facilitate the change to the new scheme, transitionalprovisions are needed for the notification rules and the obligation
to mark 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 to25 of Regulation (EC) No 1254/1999.1999R2342 — EN — 26.10.2001 — 008.001 — 6
(1) OJ L 349, 24.12.1998, p. 1.
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CHAPTER I
SPECIALPREMIUM
(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) No3508/92 (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 accom-
panying 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 monthsold in the case of the second age bracket.
Article 3
Grantofpremium
Animals which have not qualified for the premium either on account of
the application of the proportional reduction referred to in Article 4(4) of
Regulation (EC) No 1254/1999 or of application of the stocking densityreferred to in Article 12 of that Regulation may no longer be the subjectof an application for the same age bracket and shall be considered tohave been the subject of payment of the premium.
Article 4
Passportsandadministrativedocuments
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 anational administrative document as provided for in Article 4(3)(b) ofRegulation (EC) No 1254/1999.
2. The competent authorities of the Member State shall ensure that
such passports or administrative documents ensure that only onepremium is granted 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 firstapplication is made, with the same producer until they are placed onthe market for the purpose of being slaughtered;
(c) a comprehensive list, held by the central authorities, containing all
the information required for the administrative document, oncondition that the Member State or region of a Member Stateavailing itself of this possibility carries out on-the-spot checks on all1999R2342 — EN — 26.10.2001 — 008.001 — 7
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the animals covered by an application, checks the movements of
those animals and makes a distinctive mark on each animal checkedwhich 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 that the Member State takes the measures necessary to
ensure that the premium is not granted twice for the same agebracket and provides information as to the premium status of eachanimal 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 it the 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
Retentionperiod
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 the day on which the application is submitted.
Article 6
Regionalceiling
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 ofthe first decimal place only.
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 adefinition of the region a nd the ceiling set. Any subsequentchange shall be notified to the Commission before 1 January of the yearconcerned.
Article 7
Limitsonthenumberofanimalsperholding
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 shallinform the Commission before I January of the calendar year concerned.
Where, moreover, Member States fix a minimum number of animals per
holding, below which the proportional reduction will not be applied,they shall inform the Commission before 1 January of the calendar yearconcerned.
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
Formofgranting
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 caseof steers for the first or second age bracket or by combining the grantingof the premiums for the two age brackets.1999R2342 — EN — 26.10.2001 — 008.001 — 8
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2. Member States which decide to apply the system provided for in
paragraph 1 shall provide that the premium is also to be granted wheneligible animals are being dispatched to another Member State or being
exported to athird 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 provisionsin 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, andshall 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 casethe Member State shall take steps to ensure that the informationcontained in the 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 measuresnecessary to 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 thesatisfaction of the Member State, the information necessary to ensurethat one premium only is granted for each animal and each age bracket,the aid application need not 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
Article 35(2), they shall take the measures necessary to ensure that theproducer can determine the animals for which he is requesting a specialpremium.
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);
(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 submittedwithin three months of the animals leaving the territory of the MemberState concerned.1999R2342 — EN — 26.10.2001 — 008.001 — 9
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Article 9
Detailsofthegrantsystem
1.►M1Nothwithstanding Article 5, the premium shall be paid to
producers who have kept animals for a minimum retention period of twomonths ending less that one month before slaughter or consignment orending less than two months before export. ◄
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 twomonths between the time when the animal was not less than sevenmonths old and the 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 foraperiod of not less tha n 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 thanfour consecutive months 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 thesubject of a combined application for the two age brackets shall be takeninto consideration 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) No 1208/81(
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 adultbovine animals, Member States may permit the weight to be establishedon the basis of 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 orgreater 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 grantingpremiums referred to in this section and the relevant procedures.1999R2342 — EN — 26.10.2001 — 008.001 — 10
(1) OJ L 123, 7.5.1981, p. 3.
(2) OJ L 67, 11.3.1982, p. 23.
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CHAPTER II
DESEASONALISATIONPREMIUM
(Article 5 of Regulation (EC) No 1254/1999)
Article 11
Applicationofthepremium
The Commission shall decide, by 1 August at the latest of each calendar
year, in which Member States the deseasonalisation premium may begranted 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 toapply Article 5(3) of Regulation (EC) No 1254/1999.
Article 12
Entitlementtothepremium
1. The premium may be granted in respect only of steers which have
already received the special premium, or are considered to have receivedthe special premium pursuant to Article 3, in a Member State applyingthe deseasonalisation premium and which are slaughtered in a MemberState 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 on the accuracy of the certificates referred to inArticle 35.
CHAPTER III
SUCKLERCOWPREMIUM
(Articles 6 to 10 of Regulation (EC) No 1254/1999)
Section 1
General arrangements
Article 14
Cowsbelongingtoameatbreed
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 breedas referred to in Articles 3(f) and 10(2) of Regulation (EC) No 1254/
1999.
Article 15
Maximumindividualreference quantity
1. Where Member States decide to change the maximum individual
reference quantity of 120 000 kilograms referred to in Article 6(2)(b) ofRegulation (EC) No 1254/1999 or to derogate from it, they shall informthe Commission before 1 January of the calendar year concerned.1999R2342 — EN — 26.10.2001 — 008.001 — 11
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2. Any subsequent change in the application of paragraph 1 shall be
notified to the Commission before 1 January of the year concerned.
Article 16
Retentionperiod
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 toArticle 6(2)(b) of Regulation (EC) No 1254/1999, the ‘livestock’ aidapplication or, at the choice of the Member State, the ‘area’ aidapplication referred to in Article 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
►
M1available ◄to the producer on 31 March preceding the
beginning of the 12-month period of application of the additionallevy scheme starting in the calendar year concerned; where thisquantity is unknown on the date on which the application issubmitted, 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 Article6(2)(b) of Regulation (EC) No 1254/1999 during the 12-month
period starting on the 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
Commission Regulation (EEC) No 3887/92 of 23 December 1992 layingdown detailed rules for applying the integrated administration andcontrol system for certain Community aid schemes(
1), only one of those
animals may be a heifer.
Article 18
Average milkyield
The average milk yield shall be calculated on the basis of the average
yields set out in Annex II. However, for this calculation, Member Statesmay use a document recognised by them certifying the producer's dairyherd's average yield.
Article 19
Additionalnationalpremium
1. An additional national premium may be granted only to a producer
who, in respect of the same calendar year, receives the suckler cowpremium.1999R2342 — EN — 26.10.2001 — 008.001 — 12
(1) OJ L 391, 31.12.1992, p. 36.▼M1
▼B
▼B
It shall be granted only within the limit of the number of animals
qualifying for this premium, if appropriate after application of theproportional reduction laid down in the third subparagraph of Article
10(1) of Regulation (EC) No 1254/1999.
2. Member States may lay down additional conditions for the grant of
the additional premium. They shall inform the Commission thereof ingood time before these conditions are brought into effect.
3. The Commission shall decide by 1 August at the latest of each
calendar year which Member States fulfil the conditions laid down in thethird subparagraph of Article 6(5) of Regulation (EC) No 1254/1999.
Section 2
Ceilings, reserves, transfers
Article 20
Individualceiling
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 for submitting 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 the total number of rights granted to producersand 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 where applicable 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 withouttransfers 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 calendaryear,
(c) the number of rights granted under Article 9(3) of Regulation (EC)
No 1254/1999 during the preceding calendar year.
Article 22
Rightsobtainedfree ofcharge
Except in duly justified exceptional cases, where a producer has
obtained premium rights free of charge from the national reserve heshall not be authorised to transfer and/or temporarily lease his rightsduring the three following calendar years
Article 23
Useofrights
1. A producer holding rights may make use of them by availing
himself of those rights and/or leasing those rights to another producer.1999R2342 — EN — 26.10.2001 — 008.001 — 13
▼B
2. Where a producer has not made use of at least the minimum
percentage of his rights, fixed in accordance with paragraph 4, duringeach calendar year, the part not used shall be transferred to the national
reserve, except:
— in the ca se of aproducer holding ama ximum of seven premium
rights, where this producer has not made use of the minimumpercentage of his rights, fixed it accordance with paragraph 4, duringeach of two consecutive calendar years, the part not used during thelast calendar year shall be transferred to the national reserve,
— 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/ortemporary 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 forin Article 24(1). At the end of each period of temporary leasing, whichmay not exceed three consecutive years, a producer shall, except in theevent of a transfer of rights, recover all his rights for himself, for at leasttwo consecutive calendar years. If the producer does not avail himself of
at least the minimum percentage of his rights, fixed in accordance with
paragraph 4, during each of the two years, the Member State shall,except in exceptional and duly justified cases, withdraw and returnannually to the national reserve that part of the rights not used by theproducer.
However, in the case of producers participating in early retirement
schemes recognised by the Commission, Member States may provide forthe total duration of the temporary leasing on the basis of such schemesto be increased.
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 shall not 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 thetransfer and/or temporary leasing of rights to producers whoseparticipation 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
Transferofrightsandtemporaryleasing
1. Member States may lay down, on the basis of their production
structures, aminimum number of premium rights which ma y be thesubject of a partial transfer not involving the transfer of a holding. Thisminimum 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 thecompetent authorities of the Member State by the producer transferringand/or leasing the rights and by the producer receiving the rights.1999R2342 — EN — 26.10.2001 — 008.001 — 14
(1) OJ L 215, 30.7.1992, p. 85.
▼B
Such notification shall take place within a deadline set by the Member
State and not later than the date on which the producer receiving therights 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 the rights shall be in a position to furnishappropriate legal documents to prove that he or she is the beneficiary ofthe deceased producer.
Article 25
Changeofindividualceiling
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 entitlednot later than 60 days from the last day of the period during which theproducer submitted his application.
The first paragraph shall not apply in the case where the transfer takes
effect through an inheritance.
Article 26
Producerswhodonotownthelandthattheyfarm
Producers farming only public land or collectively owned land who
decide to discontinue the farming of such land and to transfer all theirrights to another producer shall be treated in the same way as producersselling or transferring their holdings. In all other cases such producersshall be treated in the same way as producers transferring their premiumrights only.
Article 27
Transferthroughthenationalreserve
Where Member States provide that the transfer of rights without transfer
of the holding is to take place through the national reserve in accordancewith Article 8(2)(b) of Regulation (EC) No 1254/1999, they shall applynational provisions analogous to those set out in Articles 23 to 26. Inaddition, 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 competentauthorities of the Member State to the producer transferring and/orleasing the rights, and transfers from the reserve to another producershall 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 the second subparagraph of Article 8(1) of Regulation (EC) No 1254/1999 corresponding to that which would have resulted from a directtransfer between producers, account being taken in particular of thetrend of production in the Member State concerned. This payment shallbe equal to the payment 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 firstdecimal 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, thesepartial rights shall be added up.1999R2342 — EN — 26.10.2001 — 008.001 — 15
▼B
3. Where a producer holds a partial right, this partial right shall only
confer entitlement to the corresponding fraction of the unit amount ofthe premium and, where applicable, of the additional national premium
referred to in Article 19 and of the extensification payment referred to in
Article 32.
Article 29
Specialschemeforheifers
1. The Commission shall decide, by 1 November 1999 at the latest,
which Member States meet the conditions laid down in Article 10(1) ofRegulation (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 10 of Regulation (EC) No 1254/1999 (hereinafter referred toas ‘the special scheme’) and where applicable shall communicate thespecific national ceiling that they have determined. Any subsequentmodification shall be notified to the Commission before 1 January of the
year concerned.
2. Member States applying the special scheme shall lay down criteria
to ensure that the premium is paid to farmers whose herd of heifers isintended to restock cow herds. These criteria may include in particularan age limit and/or breed requirements.
Member States shall inform the Commission before 1 January of the
year concerned of the criteria adopted. Any subsequent modification
shall be notified 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 wholenumber, there shall be granted in respect of the decimal part a
corresponding fraction of the unit amount of the premium and, where
applicable, of the additional national premium referred to in Article 19and of the extensification payment referred to in Article 32. For thispurpose account shall be taken of the first decimal place 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 the producer has lodged an application for Buckler cowsor by heifers if the producer 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
SUCKLERCOWPREMIUM
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 does not exceed three.
2. Without prejudice to Articles 17(2) and 32(7), Member States may
determine the periods and dates for submission of premium applicationsand the number of applications that producers may submit per premiumscheme and calendar year.1999R2342 — EN — 26.10.2001 — 008.001 — 16
▼B
Article 31
Stockingdensity
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 specialpremium or suckler cow premium may be granted, taking account of theforage area of his holding.
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
►
M1available ◄to the producer on 31 March preceding the
beginning of the period of 12 months of application of the additionallevy 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.
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 stockingdensity referred 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►
M1available ◄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 premiummay be granted.
4. The Member States shall inform each producer concerned of the
stocking density established for him and of the resultant number of LUsfor which a premium may be granted.
Article 32
Extensificationpayment
1. To qualify for the extensification payment, producers must indicate
on the ‘area’ aid application that they wish to participate in theextensification 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 the stocking density requirements) laid down in Article 13(2) of
that Regulation, Member States shall determine each year at least fivecensus 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,
and1999R2342 — EN — 26.10.2001 — 008.001 — 17
▼B
— each census date shall be determined a posteriori and shall be
notified to the producer at the earliest two weeks after it has beendetermined.
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 twocategories 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 todetermine the number of LUs on condition that the database offers,
to the satisfaction of the Member State, adequate assurances as to the
accuracy of the data it contains for the purposes of the extensifica-tion 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) of Regulation (EC) No 1254/1999 shall be the arithmetic average
of the numbers of LUs counted on the census dates plus the number ofLUs corresponding to the sheep and goats for which premiumapplications have been submitted for the same calendar year.
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) shall be 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 meansof abnormally low stocking rates during part of the year, artificiallycreate the conditions required by Article 13 of Regulation (EC) No1254/1999.
4. By way of derogation from paragraph 3, Member States may give
producers the option of choosing asimplified 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 beforethe announcement of an on-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 forthe extensification 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) ofRegulation (EC) No 1254/1999.1999R2342 — EN — 26.10.2001 — 008.001 — 18
▼B
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 the application is submitted, a number of dairy cowsat least equal to the number of dairy cows for which the extensificationpayment has been applied for. This six-month retention period shall starton the day following that on which the application 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 ►
M2available ◄to the producer on 31 March
preceding the beginning of the 12-month period of application of theadditional levy scheme beginning in the calendar year concerned;this number of cows shall be calculated using the average milk yield
defined in 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
the individual 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) ofRegulation (EC) No 1254/1999, they shall inform the Commission oftheir 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, the number 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 hasinformed the competent authority, by writing within 10 working days ofthe decision, of the presence of the animals concerned and has taken all
the measures necessary to prevent and/or limit the occurrence of the
epizootic.
12. In the period between 15 October 2000 and ►
M515 May
2001◄inclusive, for the purposes of applying this Article the number
of LUs recorded on the holding shall be multiplied by a coefficient of0,8.
This measure shall apply if it can be demonstrated to the satisfaction of
the Member State that, because of the exceptional market situation, theanimals are being kept longer on the holding than is normally the case.1999R2342 — EN — 26.10.2001 — 008.001 — 19
▼M2
▼M4
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Article 33
Determinationofretentionperiods
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, precedingthe day which bears the same number as the starting day for the period.
CHAPTER V
SLAUGHTERPREMIUM
(Article 11 of Regulation (EC) No 1254/1999)
Article 34
Statementofparticipation
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 asmaking the first application for that calendar year, submit a statement ofparticipation.
However, where the producer makes no changes to the statement of
participation, the Member State may accept that the previous statementremains 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 ofthe 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 monthsfollowing slaughter of the animal or, where the animal is exported, afterthe date on which it leaves Community customs territory, and shallexpire no later than the end of February of the following year except inexceptional cases to be decided by the Member State concerned where
animals are dispatched or exported. ►
M2For 2000, Member States
may decide in respect of animals slaughtered or exported during the firstquarter that the time limit set for the submission of aid applications is tobe extended until 30 September 2000 at the latest. ◄►
M1Without
prejudice to the time limit fixed above, the Member States may set
periods and dates for the submission of aid applications and may
determine the number of applications that each producer may submit percalendar year. ◄
Member States may permit applications to be submitted through a
person other than the producer. In such cases the application shall bear
the name and address 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 bythe 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,1999R2342 — EN — 26.10.2001 — 008.001 — 20
▼B
(iii) the export declaration stating the age of the animal for animals
born after 1 January 1998 and, in the case of calves, save whereArticle 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 theMember 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,the information 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 animalsforwarded to the competent authority by slaughterhouses shall beregarded as applications for slaughter premiums on behalf of theproducers, on condition that the database offers, to the satisfaction of the
Member State, adequate assurances as to the accuracy of the data it
contains for the purposes of the slaughter-premium scheme and, whereapplicable, the payment on slaughter of the special premium and/or theadditional payments if these are paid on slaughter, and/or thedeseasonalisation 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 theCommission of any subsequent 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, inparticular:
(a) the types and quantities of animals as referred to in Article 11(1) of
Regulation (EC) No 1254/1999 slaughtered during the yearconcerned;
(b) information regarding compliance with the age limits and carcase
weight of the animals referred to in that Article and with the
retention period referred 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 ifthese are paid on slaughter, and/or the deseasonalisation premium.
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 where slaughter was carried out chose to apply the derogation laiddown in paragraph 2, the slaughterhouse shall issue the documentreferred 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 data
exchanged. To that end the Member State where payment is made shallforward regularly to the Member State where slaughter takes place asummary, grouped by slaughterhouse, of the slaughter certificates (orinformation in place thereof] received from the latter Member State.
Article 36
Weightandpresentationofcarcases
1. For the purposes of Article 11(1)(b) of Regulation (EC) No 1254/
1999, veal carcases shall be presented after skinning, evisceration and1999R2342 — EN — 26.10.2001 — 008.001 — 21
▼B
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 requirementreferred to in Article 11(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 aminimum retention period of two months ending less tha n one
month before slaughter 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
Nationalceilings
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 in respect of the decimal part a corresponding fraction of theunit amount of the premium. For this purpose account shall be taken ofthe first decimal place only.
CHAPTER VI
ADDITIONALPAYMENTS
(Articles 14 to 20 of Regulation (EC) No 1254/1999)
Article 39
Nationalarrangements
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 thenumber of animals concerned;
(c) specific stocking density requirements (save in the case of
payments in the form of a supplement to the slaughter premium);1999R2342 — EN — 26.10.2001 — 008.001 — 22
▼M1
▼B
▼B
(d) the headage limit on male bovines per holding (where applic-
able),
(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 sucklercow premium, and other heifers, or any subgroup of animalsdetermined 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
Detailedreport
The detailed report to be forwarded to the Commission under Article 19
of Regulation (EC) No 1254/1999 shall include the same elements asthose laid down 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
GENERALPROVISIONS
Article 41
Paymentofadvances
1. On the basis of the results of administrative checks and on-the-spot
checks, the competent authority shall pay to the producer, for thenumber of animals deemed to be eligible, an advance equal to 60 % ofthe special premium, the suckler cow premium and the slaughterpremium.
In the case of the special premium, the special scheme for heifers
referred to in Article 29 and/or the slaughter premium, the advancepercentage may be reduced by the Member States but may not be lessthan 40 %.
In addition, on the basis of administrative and on-the-spot checks,
Member States may decide to pay producers an advance of a maximum60 % on the amount of the additional payments referred to in Article 14Regulation (EC) No 1254/1999.
The advance may not be paid before 16 October of the calendar year in
respect of which the premium is applied for or the additional payment isgranted.
However, as regards the 2000 and 2001 calendar years, an advance equal
to 80 % of the special premium, the suckler cow premium, the slaughterpremium and the additional payments may be paid.
2. The definitive payment of the premium or the additional payment
shall be an amount equal to the difference between the advance paymentand the amount of the premium or the additional payment to which theproducer is entitled.1999R2342 — EN — 26.10.2001 — 008.001 — 23
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Article 42
Allocationyear
The date of submission of the application shall constitute the operative
event for determining the year to which animals covered by the specialpremium, suckler cow premium, deseasonalisation premium and
extensification payment schemes are allocated and the number of LUs
to be used for calculating 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.
Notwithstanding the preceding paragraphs and Article 35(1), where a
special premium is granted under one of the options provided for in
Article 8, if the animal is slaughtered between 1 January and 28
February 2001 and if the premium application for that animal is lodgedno later than 15 March 2001 in respect of the 2000 calendar year, at theproducer's request the allocation year shall be 2000 and the amount ofthe premium shall be that valid on 31 December 2000.
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
Conversionintonationalcurrency
Conversion into national currency of premium amounts, the extensifica-
tion payment and the additional payments shall be carried out in
accordance with the average, calculated pro rata temporis , of the
exchange rates applicable in the month of December preceding theallocation 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 Communityregulations in the veterinary sector, Member States shall determine, in
the light of the seriousness of the infringement, the length of the
exclusion from the aid schemes pursuant to the second subparagraph ofArticle 23(1) of Regulation (EC) No 1254/1999.
Article 44a
Determinationoftheindividualreference quantityofmilk
Up to 31 December 2004, notwithstanding Articles 17(1)(a),
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M231(2)(a) and 32(8)(a) ◄, (a Member State may decide that) in
the case of milk producers who release or take over all or part ofindividual reference quantities with effect on 31 March or 1 Aprilrespectively in accordance with Article 8(b) of Regulation (EEC) No3950/92 or pursuant to national provisions adopted for the implementa-1999R2342 — EN — 26.10.2001 — 008.001 — 24
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tion of Article 7, Article 8(a), (d) and (e) or Article 8a of that
Regulation, the date determining:
— the maximum individual reference quantity of milk available to
qualify for the suckler-cow premium and the maximum number ofsuckler cows,
— grants of additional payments per head for dairy cows,
— the number of dairy cows with a view to the granting of the
extensification payment for dairy cows kept on holdings located inmountain areas, and
— the stocking density,
shall be 1 April.
Article 45
Nationalimplementing measures
Member States shall adopt all suitable measures necessary to ensure that
this Regulation is applied properly. They shall inform the Commissionthereof.
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 to the first six months of the current year) and 1 March (forinformation 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 referredto in Article 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 bovineor calf) and indicating whether the animals were slaughtered orexported;
(d) the number of animals for which the deseasonalisation premium was
actually granted, broken down according to whether they benefitedfrom the first or second tranche of the special premium, and thenumber of livestock producers corresponding to each of the twoabovementioned age brackets.
2. From 2001 onwards, the Member States shall notify the
Commission by 31 July at the latest in each year and for the precedingcalendar 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
producers concerned, shown separately in accordance with thoselimits,
— the number of animals broken down by age bracket for which the
special premium was not granted in respect of the precedingcalendar year due to the application of the regional ceiling;1999R2342 — EN — 26.10.2001 — 008.001 — 25
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(b) the number of cows and heifers for which the suckler cow premium
was actually granted, broken down according to the schemesreferred to in Article 6(2)(a) and (b) of Regulation (EC) No 1254/
1999, and indicating the grant, where applicable, of the extensifica-
tion payment (broken down according to the limits laid down inArticle 13(2) of that Regulation), as well as the number of producersconcerned 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 thespecific 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 producersconcerned;
(g) the number of animals for which the slaughter premium was actually
granted, broken down by type of animal (adult bovine or calf) andindicating whether the aid was granted on slaughter or on export, aswell as, for each of these subdivisions, the number of producersconcerned.
3. The Member States shall notify the Commission annually by 31
July at the latest from 2001 of the number of animals, broken down bytype of animal, in respect of which the slaughter premium has not beengranted in respect 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
TRANSITIONALANDFINALPROVISIONS
Article 47
Transitionalprovisions
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 theCommission in respect of 1999 shall be made in accordance with thesame procedure as that laid down 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 animalsborn before 1 January 1998, in accordance with the procedure laid downin 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.1999R2342 — EN — 26.10.2001 — 008.001 — 26
(1) OJ L 355, 5.12.1992, p. 32.
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References to the repeated Regulation shall be construed as references to
this Regulation.
Article 49
Entryintoforce
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 onentry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R2342 — EN — 26.10.2001 — 008.001 — 27
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ANNEX I
LISTOFBOVINEBREEDSREFERREDTOINARTICLE14
— 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 dansk mælkerace (SDM), Deutsche Schwarzbunte, Schwarzbunte
Milchrasse (SMR)
— Groninger Blaarkop— Guernsey— Jersey— Malkeborthorn— Reggiana— Valdostana Nera— Itäsuomenkarja
— Länsisuomenkarja
— Pohjoissuomenkarja.1999R2342 — EN — 26.10.2001 — 008.001 — 28
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ANNEX II
AVERAGEMILKYIELDREFERREDTOINARTICLE18
(kilograms)
Belgium 5 450
Denmark 6 800Germany 5 800
Greece 4 250
Spain 4 650
France 5 550
Ireland 4 100
Italy 5 150
Luxembourg 5 700
Netherlands 6 800
Austria4 650
Portugal 5 100
Finland 6 400
Sweden 7 150
United Kingdom 5 9001999R2342 — EN — 26.10.2001 — 008.001 — 29
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ANNEX III
NATIONALCEILINGSFORTHESLAUGHTERPREMIUMREFERRED
TOINARTICLE38(1)
Adult bovines Calves
Belgium 711 232 335 935
Denmark 711 589 54 700Germany 4 357 713 652 132
Greece 235 060 80 324
Spain 1 982 216 25 629France 4 041 075 2 045 731Ireland 1 776 668 0
Italy 3 426 835 1 321 236
Luxembourg 21 867 3 432Netherlands 1 207 849 1 198 113Austria546 557 129 881Portugal 325 093 70 911
Finland 382 536 10 090
Sweden 502 063 29 933United Kingdom 3 266 212 26 2711999R2342 — EN — 26.10.2001 — 008.001 — 30
ANNEX IV
Tablereferred toinArticles21(3)and46
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