1984R1633 — EN — 09.12.1985 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No1633/84
of8June1984
laying down detailed rules for applying the variable slaughter premium for sheep and repealing
Regulation(EEC)No2661/80
(OJ L 154, 9.6.1984, p. 27)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 3451/85 of 6 December 1985 L 328 23 7.12.1985
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COMMISSIONREGULATION(EEC)No1633/84
of8June1984
laying down detailed rules for applying the variable slaughter
premiumforsheepandrepealing Regulation(EEC)No2661/80
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1837/80 of 27 June
1980 on the common organization of the market in sheepmeat andgoatmeat (
1), as lastamended by Regulat ion (EEC) No 871/84 (2), and
in particular Article 9 (4) thereof,
Having regard to Council Regulation (EEC) No 1223/83 of 20 May
1983 on the exchange rates to be applied in agriculture (3), as last
amended by Regulation (EEC) No 855/84 (4), and in particular Article
4 (3) thereof,
Whereas Article 9 of Regulation (EEC) No 1837/80 makes provision,
in the case of the United Kingdom only, for the possible granting, inregion 5, of a variable slaughter premium for sheep; whereas detailedrules for its implementation should be laid down;
Whereas it should be stipulated that only animals born or reared in
region 5, where the premium is granted, should qualify;
Whereas it is necessary to enable the United Kingdom to grant the
premium when animals are first placed on the market with a view totheir slaughter; whereas, in this case, measures should be taken to
ensure that animals or the meat therefrom cannot qualify more than
once for the premium;
Whereas Article 9 (2) of Regulation (EEC) No 1837/80 lays down that
the amount of the premium is to be equal to the difference between theseasonalized guide level and the recorded market price in this region;
Whereas Article 9 (3) of Regulation (EEC) No 1837/80 lays down that,
in the event of payment of the premium in region 5, an amount equiva-lent to that premium is to be charged for the products referred to inArticle 1 (a) and (c) of the said Regulation when those products leave
that region; whereas the detailed rules for calculating this amount must
be laid down; whereas the said amount can be ascertained only afterthe products have so left; whereas it is accordingly necessary to requireprovision of a security for the said amount;
Whereas, in order to prevent, in so far as live animals and meat are
concerned, disturbances in trade which may result from the implemen-tation of the arrangements for the premium, a maximum period shouldbe fixed, commencing at the time the animals are first placed on the
market, on the expiry of which the live animals for which the premium
has been granted must be slaughtered or consigned to a location outsideregion 5; whereas, in addition, with a view to combating fraud, provi-sion should be made, in order to facilitate checks in slaughterhouses,for the marking of all carcases of sheep slaughtered in the region in
question;
Whereas, pursuant to Article 4 (2) of Council Regulation (EEC)
No 1134/68 (
5), the sums stated are to be paid on the basis of the
conversion rate which obtained at the time when the transaction orpart transaction was carried out; whereas Article 6 of the same Regula-tion stipulates that the time when a transaction is carried out is to beconsidered as being the date on which occurs the event, as defined byCommunity rules or, in the absence of and pending the adoption of1984R1633 — EN — 09.12.1985 — 001.001 — 2
(1) OJ No L 183, 16. 7. 1980, p. 1.
(2) OJ No L 90, 1. 4. 1984, p. 35.
(3) OJ No L 132, 21. 5. 1983, p. 33.
(4) OJ No L 90, 1. 4. 1984, p. 1.
(5) OJ No L 118, 1. 8. 1968, p. 1.
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such rules, by the rules of the Member State concerned, in which the
amount involved in the transaction becomes due and payable; whereas,however, by virtue of Article 4 (3) of Regulation (EEC) No 1223/83,
the said provisions may be derogated from;
Whereas this Regulation intended to replace Commission Regulation
(EEC) No 2661/80 (
1); whereas it is therefore necessary to repeal that
Regulation;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Sheep andGoats,
HAS ADOPTED THIS REGULATION:
Article 1
1. The premium referred to in Article 9 of Regulation (EEC)
No 1837/80 shall be granted only in respect of sheep which:
(a) correspond to the quality standards laid down in the Annex;
(b) attain an estimated carcase weight of not less than 8 kilograms;
furthermore, the premium shall be granted in respect of amaximum of 24,5 kilograms carcase weightonly; and
(c) originate in region 5 where the premium is granted or have been
raised in that region for at least two months.
2. The following shall notqualify for t he premium:
(a) rams or carcases of rams or other male sheep or their carcases
having the characteristics of that of a ram;
(b) ewes or their carcases.
2a. However, the United Kingdom may provide for the granting of
the premium in respect of animals for export other than those referredto in paragraphs 1 and 2 (b), provided that such animals satisfy thecriterion laid down in paragraph 1 (c) and that proof is furnished that
they, or the meat obtained therefrom, have left the territory of region 5.
The United Kingdom shall notify the Commission of any use it makesof this facility and of the administrative control measures taken.
3. The United Kingdom may lay down that the premium shall be
granted when the animal is first placed on the market with a view toslaughter. It shall inform the Commission of any use made of thisprovision.
4. Animals for which the premium has been granted in accordance
with paragraph 3 shall, within 21 days of the date on which they werefirst placed on the market with a view to their slaughter:
— be slaughtered in region 5,
— be consigned to a location outside that region.
The competent authorities shall adopt measures for:
— supervision of the animals between certification and slaughter,
— marking all carcases of sheep slaughtered in region 5 so that the
place of slaughter can be identified.
5. Where animals for which the premium has been granted in accor-
dance with paragraph 3 and which have been consigned to a location
outside region 5 must be placed in quarantine in order to comply withthe health regulations of the country or region of importation, the dateof consignment for the purposes of paragraph 4 shall be the date onwhich they are placed in quarantine with a view to their consignment.1984R1633 — EN — 09.12.1985 — 001.001 — 3
(1) OJ No L 276, 20. 10. 1980, p. 19.▼M1
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Article 2
1. The United Kingdom shall take the necessary measures to ensure
that sheep carcases and, where the provisions of Article 1 (3) are
applied, animals in respect of which the premium has been granted,
are indelibly marked as such in order to ensure that they cannot againqualify for the premium.
2. The United Kingdom shall take the measures necessary to ensure
that animals and fresh or chilled sheep carcases brought onto the terri-tory of region 5 are identified as such.
Article 3
1. For region 5, the level of the premium shall be fixed each week
by the Commission in respect of the week commencing 21 days before
the week of fixing.
2. For the purpose of calulating the level of the premium, the market
price shall be that recorded in accordance with the provisions of Article3 (2) (b) of Regulation (EEC) No 2657/80.
Article 4
1. For the United Kingdom, the amount to be charged on departure
of the products referred to in Article 1 (a) and (c) of Regulation (EEC)No 1837/80 from region 5, in accordance with Article 9 (3) of that
Regulation, shall be fixed each week by the Commission. It shall be
equal to the amount of the premium fixed in accordance with Article3 (1), for the week during which departure of the products in questiontook place.
2. On departure of the products referred to in Article 1 (a) and (c) of
Regulation (EEC) No 1837/80 from the territory of region 5, a security
shall be lodged. The security shall be fixed by the United Kingdom at a
level which covers the amount due-pursuant to paragraph 1; it shall notbe less than the forecast amount of the premium for the weekpreceding that during which departure takes place. The said securityshall be released as soon as the amount referred to in paragraph 1 hasbeen paid.
3. The amounts referred to in paragraphs 1 and 2 shall be fixed for
fresh or chilled sheep carcases. The amounts applicable to the other
products referred to in Article 1 (a) of Regulation (EEC) No 1837/80shall be determined by employing the coefficients referred to in Arti-cles 12 (3) and 13 (3) of Regulation (EEC) No 1837/80.
For the products referred to in Article 1 (c) of Regulation (EEC)
No 1837/80, the amounts applicable shall be determined by employing
the coefficients referred to in Article 12 (3) of the said Regulation and
applicable to the meats listed in Annex I under subheading 02.06 C IIa).
For the products referred to in Article 1 (c) of the said Regulation, the
space for the description of the goods and the export declaration shouldcontain an indication as to whether the products are bone in or bone-
less.
4. In the case of carcases of animals referred to in Article 1 (2) (b)
the amounts referred to in paragraphs 1 and 2 shall be calculated on thebasis of a coefficientof 0,5. This coefficientshall be applied wit houtprejudice to the coefficients referred to in paragraph 3.
The Commission shall review the said coefficient forthwith if there is
any disruption to intra-Community trade.
Furthermore, the said coefficient shall be reviewed every six months in
the light of the development of trade between region 5 and the otherregions of the Community and the trend in prices. Any decision toadjust the said coefficient shall be taken in accordance with the proce-dure laid down in Article 26 of Regulation (EEC) No 1837/80.1984R1633 — EN — 09.12.1985 — 001.001 — 4
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Article 5
1. The United Kingdom shall take all necessary steps to ensure
compliance with the provisions of this Regulation.
2. The United Kingdom shall, where necessary, take the necessary
steps to ensure recovery of an amount equal to the premium whichhas been paid.
3. The competent authorities in the United Kingdom shall take all
the necessary steps to ensure that implementation of the arrangementsfor the variable premium does not result in irregular movements ofproducts and does not cause any deflection of trade between-thatMember State's two regions.
In particular, the competent authorities of the United Kingdom:
— shall make it compulsory for the operators concerned to inform the
departments empowered to this effect of the quantities and descrip-tion of the products referred to in Article 1 (a) and (c) ofRegulation (EEC) No 1837/80 which are to be dispatched from
region 5, where the premium is granted, to another region, either
directly or via another region or a third country,
— shall introduce an administrative procedure entailing systematic
inspection relating in particular to the individual marking ofcarcases and, where appropriate, the cuts thereof, so as to prevent
the amounts referred to in Article 4 (4) from being charged in
respect of products obtained from animals having qualified for thepremium, mixtures of products obtained from animals which haveand which have not qualified for the premium or any other productnot subject to the reduced amount.
Article 6
1. The United Kingdom shall inform the Commission, within 10
days of the date on which they are adopted, of the measures taken to
implement the variable premium arrangements. ►
M1Notification of
the measures taken in application of the second indent of the secondsubparagraph of Article 5 (3) shall be sent to the Commission forth-with.◄
2. The United Kingdom shall communicate the following to the
Commission, not later than Thursday each week:
(a) the forecast amount of the premium for the current week, taking
account of the market price pattern recorded in accordance withthe provisions of Article 2 of Regulation (EEC) No 2657/80;
(b) the provisional amount of the premium for the week preceding the
currentweek;
(c) the actual amount of the premium for the week commencing 21
days before that during which the communication is made and the
number of animals in respect of which entitlement to the premium
arose during the said week.
The United Kingdom shall also communicate to the Commission, as
soon as possible and on a weekly basis, the breakdown by category of
the animals in respect of which entitlement to the premium has arisen,together with their total estimated carcase weight.
Article 7
The following shall be declared as deductions from EAGGF expendi-
ture:
— the amounts charged by the United Kingdom pursuant to Article 4
(1),
— the amounts recovered by the United Kingdom in the circumstances
referred to in Article 5 (2) to the extent that expenditure corre-sponding to the said amounts was charged against Communityfunds.1984R1633 — EN — 09.12.1985 — 001.001 — 5
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Article 8
1. The conversion rate to be applied to the premium referred to in
Article 1 shall be the representative rate in force on the day the animal
which is to qualify for the premium is slaughtered or, where the provi-
sions of Article 1 (3) are applied, the day the animal is first placed onthe market with a view to slaughter.
2. The conversion rate to be applied to the amounts to be charged
pursuant to Article 4 (1) shall be that in force on the day the customsformalities on departure from the United Kingdom or, where applic-able, the administrative formalities relating the movement from region
5 granted to the other region, are completed.
Article 9
Regulation (EEC) No 2661/80 is hereby repealed.
Article 10
This Regulation shall enter into force on 11 June 1984.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1984R1633 — EN — 09.12.1985 — 001.001 — 6
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ANNEX
Qualitystandard
To qualify for the premium, a carcase must be reasonably well-fleshed
throughout. The loins must be well-developed, the legs and shoulders moder-
ately well-fleshed, but the forequarters may be relatively heavy. The flesh
should be firm. As a minimum the fat cover should be light. An over-fat carcase
will be rejected. A live animal must be such as to produce a carcase of at least
these standards.1984R1633 — EN — 09.12.1985 — 001.001 — 7