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"B COMMISSION REGULATION (EEC) No 1318/93
of 28 May 1993
on detailed rules for the application of Council Regulation (EEC) No 2067/92 on measures to promote and
market quality beef and veal
(OJ L 132, 29.5.1993, p. 83)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 2440/93 of 2 September 1993 L 224 4 3.9.1993
"M2 Commission Regulation (EC) No 2895/95 of 15 December 1995 L 304 4 16.12.19951993R1318 — EN — 01.01.1996 — 002.001 — 1
COMMISSION REGULATION (EEC) No 1318/93
of 28 May 1993
on detailed rules for the application of Council Regulation (EEC) No
2067/92 on measures to promote and market quality beef and veal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2067/92 of 30 June 1992 on
measures to promote and market quality beef and veal (1), and in particular
Article 4 thereof;
Whereas detailed rules for the application of Regulation (EEC) No 2067/92
should be laid down, in particular as regards the admissibility of applications
for Community part-financing and the procedure for the acceptance of the
measures proposed; whereas the consumer’s attention should be drawn to beefand veal with identified and controlled characteristics;
Whereas in addition the quality of beef and veal depends on the breed and the
rearing conditions of the animal from which they come together with theconditions of slaughter, handling during transportation and marketing;
whereas the quality is better assured if minimum conditions are met at all
stages of preparation of the product; whereas the information given to theconsumer must be capable of being checked and must be checked, inparticular where a product presented as being a quality product bears an
identifying mark or symbol; whereas provisions relating to the above
requirements should therefore be adopted;
Whereas the Management Committee for Beef and Veal failed to deliver an
opinion within the time limit laid down by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation lays down detailed rules for the application of the
promotion and marketing measures for quality beef and veal within themeaning of Regulation (EEC) No 2067/92 (hereinafter referred to as
‘promotion measures’).
2. For the purposes of this Regulation:
(a) ‘promotion measures’ means activities relating in particular to advertis-
ing and public relations measures aimed at encouraging the consumptionof quality beef and veal, including the organization of and participation in
trade fairs and exhibitions accompanied, where appropriate, by the
provision of marketing advice to the various operators;
(b) ‘trade and inter-trade organizations’ means groups whose members
consist of operators in one or more branches of the chain of production.
Article 2
1. Promotion activities part-financed may be pursued over a period of not
less than one year and not more than two, commencing on the date on which
the relevant contract takes effect.
2. Costs linked to the implementation of the control record referred to in
Article 4 (2) (b) and costs linked to studies required for the preparation of
promotion activities and to the possible creation of a logo mark or symbolshall not be eligible for financing.
Article 3
Community part-financing shall be subject to the following conditions:
1. meat covered by the promotion activities must meet the requirements laid
down in this Regulation;!B
(1) OJ No L 215, 30. 7. 1992, p. 57.1993R1318 — EN — 01.01.1996 — 002.001 — 2
2. the production, handling and marketing of the meat shall be subject at
least to the quality and control requirements laid down in Annex I, for allor part of the chain of production;
3. appropriate measures shall be taken to ensure the traceability of the meat
promoted, from the consumer to the segments of the production chain
covered by the measure.
Article 4
1. Applications for financing shall be lodged with the competent body in the
Member State in which the organization has its registered place of businessnot later than 15 March each year. However, for 1993, applications may belodged up to 31 August 1993.
2. Applications shall include, in addition to the proposed promotion
programme, the following documents:
(a) a document containing the contract specifications, endorsed by the
members of the applicant organization. The specifications shall include:
— in the case referred to in Article 1 (1) of Regulation (EEC) No
2067/92, obligations at least equal to those set out in Annex I to thisRegulation for a complete segment of the chain of production,
— in the case referred to in Article 1 (2) of Regulation (EEC) No
2067/92, obligations at least equal to those set out in Annex I to this
Regulation for the entire chain of production. In that event the result
will be specifications for integrated control;
(b) a control record of the application of the specifications, to be drawn up by
a body independent of the applicant organization or by a body recognizedby the Member State as being qualified to carry out this control;
(c) the studies on which the proposed activity is based;(d) an undertaking by the members of the applicant organization to submit to
the controls referred to in point (b);
(e) the rules of procedure of the applicant organization, setting out in
particular the methods for granting and withdrawing eligibility for the
promotion measures, including the right to use the collective logo of theapplicant organization. In the case of non-compliance with thespecifications, withdrawal shall cover the entire part-financing period if
the measure is to qualify;
(f) the articles of association of the applicant organization.3. Applications shall be valid only where they are accompanied by a written
undertaking:
(a) to comply with the provisions of the standard contract drawn up by the
Commission and made available by the competent body;
(b) that an assessment study will be carried out by an independent body
within the time limit laid down in Article 7 (3), at the applicant’s expense;
(c) not to submit an application for other Community or national aids for the
purposes of the measures part-financed under this Regulation.
4. Any trade or inter-trade organization applying for part-financing must:— have its registered place of business in a Member State of the
Community, and
— have the legal and practical ability to implement the planned promotion
activity.
5. The applicant organizations shall provide at any time at the request of the
competent bodies and/or the Commission proof of the correctness of the
information used relating to the characteristics of the product and theconditions under which it is obtained.!B
!M2
!B1993R1318 — EN — 01.01.1996 — 002.001 — 3
Article 5
1. The competent body shall draw up a list of all the applications for
financing which it has received and send it to the Commission with a reasoned
opinion on each of them before 15 April. However, for 1993, it shall forwardeach application accompanied by a received opinion in the two weeksfollowing its receipt.
2. Following scrutiny by the Management Committee for Beef and Veal, in
accordance with Article 28 of Council Regulation (EEC) No 805/68 (
1), the
Commission shall determine the successful applications at the earliestopportunity.
Preference shall be given to applications submitted by several organizations
established in more than one Member State carrying out integrated control
within the meaning of the second indent of Article 4 (2) (a) of this Regulation,
having coordinated their activities beforehand and using a collective logo.
Article 6
1. Applicant organizations shall be informed individually of the outcome of
their applications as promptly as possible by the competent body.
2. The competent bodies shall conclude contracts for the selected measures
with the successful applicant organization within one month of notification of
the decision to the Member State.
To that end the bodies shall use the standard contract referred to in Article 4
(3) (a).
3. The contract shall take effect following the lodging of a security in favour
of the competent body equal to 15 % of the maximum amount of theCommunity part-financing to ensure proper execution.
Where the security is not lodged within two weeks of the date of conclusion of
the contract, the latter shall be void and shall not longer have any legal effect.
Such securities shall be lodged in accordance with Commission Regulation
(EEC) No 2220/85 (
2).
The ‘primary requirements’ within the meaning of Article 20 of that
Regulation shall comprise:
(a) implementation within the time limits laid down of the measures selected
in accordance with the promotion programme proposed;
(b) the drawing-up of the control record referred to in Article 4 (2) (b) of this
Regulation;
(c) where necessary, the imposition of penalties provided for in the rules of
procedure in the case of non-compliance with the specifications, in
particular the withdrawal of eligibility for the promotion measures.
Securities shall be released upon payment of the balance pursuant to Article 7.4. Failure to comply with any one of the primary requirements referred to in
paragraph 3 or the repeated failure to comply with other obligations mayresult in the contract’s being terminated.
Article 7
1. The parties concerned may submit applications for an advance as from
the date on which the contract takes effect.
Advances shall cover 30 % of the maximum amount of part-financing.
"M1Advances for the year 1993 may, however, cover 50 % of this
maximum amount, on condition that they are paid before 10 October 1993
3.
Advances shall be paid subject to provision in favour of the competent body
of a security equal to 110 % of the advance, lodged in accordance with
Regulation (EEC) No 2220/85.
The ‘primary requirements’ within the meaning of this Regulation shall be
those referred to in Article 6 (3) of this Regulation.!B
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 205, 3. 8. 1985, p. 5.1993R1318 — EN — 01.01.1996 — 002.001 — 4
2. Payments shall be made on the basis of quarterly invoices submitted
together with the relevant supporting documents and an interim report on theimplementation of the programme.
However, the advance and payments referred to in paragraph 1 may not
together exceed 75 % of the entire Community financial contribution.
3. Applications for the balance shall be submitted not later than the end of
the fourth month following completion of the measures provided for in the
contract. They shall be accompanied by:
— the relevant supporting documents,
— a statement summarizing the measures carried out,— a report assessing the results achieved to date and the use which may be
made thereof.
Except in cases of force majeure, failure to lodge applications for the balance
accompanied by the documentation by the final date shall result in a reductionof 3 % of the balance per month of delay.
4. The balance shall be paid subject to verification of the documents
referred to in paragraph 3.
In the event of failure to comply with one of the primary requirements
referred to in Article 6 (3), no payment shall be made except in cases of force
majeure .
Failure to comply with the other requirements shall result in the balance being
reduced in proportion to the extent of the irregularity recorded.
5. The securities referred to in paragraph 1 shall be released in so far as the
balance has been paid pursuant to paragraph 4.
However:
(a) if the amount of the advance exceeds the final amount of the
part-financing, the proportion of the security corresponding to theamount overpaid shall be forefeit;
(b) failure to submit an application for the balance by the final date shall
result in the security being forfeit in proportion to the reduction in the
balance provided for in paragraph 3.
6. The competent body shall make the payments provided for in this Article
within three months from receipt of applications. However, it may defer the
payments referred to in paragraphs 2 and 4 where further checks are required.
7. The competent body shall forward the assessment reports referred to in
paragraph 3 to the Commission without delay.
8. The applicable agricultural conversion rate shall be governed by
Commission Regulation (EEC) No 1068/93 (
1), However, notwithstanding
Article 12 (1) of that Regulation, the operative event for 1993 shall be the day
on which this Regulation enters into force.
Article 8
1. The competent bodies shall take the necessary measures to verify:
— the accuracy of the information and supporting documents supplied,— fulfilment of all the contractual obligations,
inter alia by means of technical, administrative and accounting checks at the
premises of the contracting party, any partners of the contracting parties and
subcontractors.
Without prejudice to Council Regulation (EEC) No 595/91 (
2), they shall
inform the Commission immediately in writing of any irregularitiesdiscovered.!B
(1) OJ No L 108, 1. 5. 1993, p. 106.
(2) OJ No L 67, 14. 3. 1991, p. 11.!M2
!B1993R1318 — EN — 01.01.1996 — 002.001 — 5
2. With a view to the application of paragraph 1, where measures carried out
by the contractor are executed in a Member State other than that in which thecontracting competent body is established, the competent bodies of theMember States concerned shall assist one another.
Article 9
1. In the case of undue payment, the beneficiary shall be obliged to
reimburse the amounts in question plus interest calculated on the basis of the
time elapsing between payment and reimbursement by the beneficiary.
The interest rate applicable shall be the rate applied by the European
Monetary Cooperation Fund to its operations in ecus, as published in the ‘C’
series of the Official Journal, in force on the date of the undue payment, plus3 percentage points.
2. Amounts recovered, together with interest, shall be paid to the disbursing
agencies or departments and deducted by the latter from expenditure financed
by the European Agricultural Guidance and Guarantee Fund in proportion to
the Community part-financing.
Article 10
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1993R1318 — EN — 01.01.1996 — 002.001 — 6
ANNEX I
MINIMUM PRODUCTION, QUALITY AND CONTROL REQUIREMENTS
Stockbreeding
Origin:
Breeds other than those listed in Annex II to Commission Regulation (EEC) No
3886/92 (1) and the first crosses with one of those breeds
Health monitoring:— Registration procedure for health measures
— Additional checks on stockbreeding farms that unauthorized products are not being
administered; in the case of non-compliance, definitive exclusion of the producer
from eligibility for the promotion measures
Residues:Additional checks for illegal substances on live animals and carcases, and on feedWelfare:Application of national and international standards
Identification:
Individual animal identification system
Transport and pre-slaughter
Application of European standards and stress elimination measures
Slaughter
Product:
Fresh meat
Types of carcase:
— Bulls (category A within the meaning of Council Regulation (EEC) No
1208/81) (
2)
— Steers (category C within the meaning of Regulation (EEC) No 1208/81)— Female animals less than 48 months
Category:Conformation: SEUR
Fat cover: — bulls: 2 and 3
— Cows and castrated animals: 2, 3
Hygiene:
Application of Community standards
pH
+
Less than six
Marketing
Maturing:
At least seven days from slaughter to placing on sale to the consumerWholesale and retail marketing:Monitoring and checks to establish whether the meat does not lose quality as a result of
inappropriate handling and storage; the organization may lay down specific rules to be
complied with
Traceability
By means of the individual animal identification system covering carcases up to the
point of retail sale and from the point of sale back to the animal!
B
(1) OJ No L 391, 31. 12. 1992, p. 20.
(2) OJ No L 123, 7. 5. 1981, p. 3.1993R1318 — EN — 01.01.1996 — 002.001 — 7
ANNEX II
In accordance with Article 4 (1), interested parties are hereby informed that proposals
are to be sent, within the time limits laid down, to the following competent authorities,in one original and five copies by registered letter or by messenger withacknowledgement of receipt:
Member State Competent authority
Belgium Office belge de l’économie et de l’agriculture,
rue de Trèves 82,
B-1040 Bruxelles.
Denmark Landbrugsministeriet,
EF-Direktoratet,
Nyropsgade 26,
DK-1602 København V .
Germany Bundesanstalt für landwirtschaftliche Marktordnung (BALM),
Adickesallee 40,
D-6000 Frankfurt am Main 18.
Greece Direction for the management of agricultural products
(DIDAGEP),
241 Acharnon Street,
104-46 GR-Athens.
France OFIV AL
Tour Montparnasse,
33, avenue du Maine,
F-75755 Paris Cedex 15.
Ireland Department of Agriculture and Food,
Agriculture House,
Kildare Street,
IRL-Dublin 2.
Italy Azienda di Stato per gli interventi sul mercato agricolo (AIMA),
via Palestro 81,
I-00198 Roma.
Luxembourg Administration des Services techniques de l’agriculture,
16, route d’Esch,
L-1470 Luxembourg.
Netherlands Produktschap Vee en Vlees,
Sir Winston Churchilllaan 275,
NL-2288 EA Rijswijk.
United Kingdom Intervention Board for Agricultural Produce,
Fountain House,
2 Queen’ s Walk,GBReading, Berks RG1 7QW .
Spain Secretaría General de Alimentación,
Ministerio de Agricultura, Pesca y Alimentación,
Paseo Infanta Isabel 1,
E-28014 Madrid.
Portugal Instituto Nacional de Intervenção e Garantia Agrícola (INGA),
Rua Camilo Castelo Branco, 45, 2
o,
P-1000 Lisboa.!B1993R1318 — EN — 01.01.1996 — 002.001 — 8