This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOMMISSION REGULATION (EC) No 2342/1999
of 28 October 1999
laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the
common organisation of the market in beef and veal as regards premium schemes
(OJ L 281, 4.11.1999, p. 30)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1042/2000 of 18 May 2000 L 118 4 19.5.2000
"M2 Commission Regulation (EC) No 1900/2000 of 7 September 2000 L 228 25 8.9.2000
"M3 Commission Regulation (EC) No 2733/2000 of 14 December
2000 L 316 44 15.12.20001999R2342 — EN — 01.01.2001 — 005.001 — 1
COMMISSION REGULATION (EC) No 2342/1999
of 28 October 1999
laying down detailed rules for the application of Council Regulation
(EC) No 1254/1999 on the common organisation of the market in
beef and veal as regards premium schemes
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) No
805/68 (
2). In order to take account of the new arrangements, it is
necessary to amend Commission Regulation (EEC) No 3886/92 of
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 the market 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 system
for certain Community aid schemes (5) (hereinafter referred to as
‘the integrated system’), as last amended by Regulation (EC) No
1036/1999 (6). As a result, this Regulation 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 the
deseasonalisation premium, these animals should be deemed to
have qualified for the special premium;
(4) Article 4(3)(b) of Regulation (EC) No 1254/1999 lays down that
each male bovine animal should be covered, until slaughter or
until export, by an animal passport within the meaning of Council
Regulation (EC) No 820/97 of 21 April 1997 establishing a system
for the identification and registration of bovine animals and
regarding the labelling of beef and beef products (7)o ra n
equivalent administrative document. Provision should be made for
the administrative document to be drawn up and issued at national
level. In order to take account of particular administrative and
control conditions in the Member States, different forms of
administrative document should be allowed;!B
(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. 1.1999R2342 — EN — 01.01.2001 — 005.001 — 2
(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 of
slaughter should be consistent with the arrangements for granting
the slaughter premium. The types of documents which are to
accompany the animal until slaughter, dispatch or export should
be 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 adult
bovine animals should be laid down;
(7) the conditions for granting the deseasonalisation premium should
be laid down, in accordance with the arrangements for granting
the slaughter premium. The task of determining, on the basis of
available information, which Member States meet the conditions
for 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, the
same breeds should be kept as those under the previous scheme.
Moreover, the administrative rules which applied under the old
scheme may in their essentials continue to be applied, in particular
as regards the average milk yield and the additional national
premium;
(9) with a view to implementing the system of individual ceilings, the
rules governing the determination of those ceilings and their
communication to the producers should be laid down. In order to
strengthen the regulating effect which that system will have on the
market, provision should be made for premium rights not used by
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 by
the beneficiaries solely for the intended purposes;
(10) the mobilisation of these rights should be encouraged, as should
their allocation to producers who will benefit from them. To this
end, a minimum percentage of use of rights to the premium should
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 applying
for rights through the national reserve. Member States should
therefore be authorised to raise the minimum percentage of use of
rights, which should not, however, exceed 90 %;
(11) Articles 22 and 23 of Council Regulation (EC) No 1257/1999 of
17 May 1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and
amending and repealing certain regulations (1) establish exten-
sification programmes. Provision should be made for the
suspension, during the entire period of participation in the above
programmes, of the use of rights to the suckler cow premium
released 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-environmental
measures. One of the objectives of the early retirement scheme
laid down by Article 10 of that Regulation is to encourage the
replacement 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 early
retirement programmes if this is likely to lead, in the long term, to
the loss of their suckler cow premium rights. Member States
should therefore be able to provide for an extension of the total
duration of temporary leasing on the basis of those programmes;!B
(1) OJ L 160, 26.6.1999, p. 80.1999R2342 — EN — 01.01.2001 — 005.001 — 3
(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 adminis-
trative work, Member States should be permitted to fix a
minimum number of rights which may be transferred or leased.
Such rules should also prevent infringement of the undertaking
provided 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 the
national reserve. Moreover, provision should be made for this
temporary leasing to be limited in time so as to avoid abuse of the
transfer rules;
(13) provision should be made to allow flexibility in meeting the
administrative 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 or
collectively owned land for grazing and transfers all his rights to
another farmer, thus ceasing production, should be deemed
equivalent 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 reserve
necessitates the establishment of a legal framework designed to
preserve economic consistency with the system of direct transfers
between producers. Objective criteria should be established for the
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 national
reserve;
(16) Article 10 of Regulation (EC) No 1254/1999 lays down, for
Member States complying with the conditions in that Article, a
special 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 a
Commission decision. The special arrangements for granting the
premium should be specified. In accordance with the overall
objective 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 this
end Member States should lay down criteria, which may include in
particular an age limit and/or breed requirements;
(17) the method for calculating the stocking density should be
determined. In order to simplify practical application of the
stocking 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’ s
choice. The stocking density for the extensification payment
scheme should include all bovine animals aged six months and
over 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 may be
greatly facilitated by using the computerised database referred to
in Regulation (EC) No 820/97. Provision should therefore be
made for using that database, on condition that it offers, to the
satisfaction 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 with
the average stocking rates required for the grant of the
extensification payment, owing in particular to abnormally low
stocking rates during part of the year. Steps should be taken to!B1999R2342 — EN — 01.01.2001 — 005.001 — 4
ensure that the extensification payment is not granted to such
producers. To this end it should be specified, for the sake of
clarification, that this situation falls within the scope of Article 7
of 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 Article
within 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 extensification
payment;
(21) Article 13(4) of Regulation (EC) No 1254/1999 lays down, for
Member 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 available
information, which Member States meet the conditions for
applying this special scheme should be laid down. The special
arrangements for granting the premium should be specified. For
the 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 should be
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 terms
of months by one or more days. Specific provisions should
therefore be laid down on this matter;
(23) applications should normally be submitted in respect of the
slaughter premium. In the interests of simplification, the ‘live-
stock’ aid application provided for in the integrated system should
be taken to represent such an application, provided that it contains
all the elements needed to justify payment of the premium and that
the animal is slaughtered in the same Member State or in another
Member State, or exported;
(24) pursuant to Regulation (EC) No 820/97, Member States should
have a fully operational computerised database from 31 December
1999. It should be possible to use that database to facilitate the
management of the slaughter premium, on condition that 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 maximum
weight limit. A standard type of carcase presentation should
therefore be laid down, to which this maximum weight applies;
(26) Article 11(1) of Regulation (EC) No 1254/1999 lays down a
retention period as a condition for granting the slaughter premium.
It is therefore necessary to define and quantify that period;
(27) detailed information on the national rules on, and implementation
of, the additional payments must be forwarded to the Commission;
(28) to ensure that farmers receive payments as quickly as possible,
provision should be made for granting advances. However, in view
of the application of the national or regional ceilings, steps should
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 the premium
schemes subject to those ceilings;!B
(1) OJ L 160, 26.6.1999, p. 113.
(2) OJ L 124, 8.6.1971, p. 1.1999R2342 — EN — 01.01.2001 — 005.001 — 5
(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 to
the Member States, which are better placed to judge the true
gravity of the offence committed;
(30) the special premium and suckler cow premium schemes are based
on the calendar year as the period of reference. It is necessary to
fix the date determining the elements to be taken into
consideration 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 from
one 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 concerned have
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 Council
Regulation (EC) No 2799/98 of 15 December 1998 establishing
agrimonetary arrangements for the euro (1) is defined as the rate
on a given day. The rate applicable on the date of the operative
event 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 the
exchange rate on a single date. To this end, the best solution
appears to be an average of the exchange rates applicable during
the 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 results
of the application of the said schemes. Provision should therefore
be made for the Member States to be subject to certain
notification obligations. To facilitate the transmission and analysis
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, transitional
provisions 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 to
25 of Regulation (EC) No 1254/1999.!B
(1) OJ L 349, 24.12.1998, p. 1.1999R2342 — EN — 01.01.2001 — 005.001 — 6
CHAPTER I
SPECIAL PREMIUM
(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) No
3508/92 (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 months
old in the case of the second age bracket.
Article 3
Grant of premium
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 density
referred to in Article 12 of that Regulation may no longer be the subject
of an application for the same age bracket and shall be considered to
have been the subject of payment of the premium.
Article 4
Passports and administrative documents
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 a
national administrative document as provided for in Article 4(3)(b) of
Regulation (EC) No 1254/1999.
2. The competent authorities of the Member State shall ensure that such
passports or administrative documents ensure that only one premium 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 first
application is made, with the same producer until they are placed on
the 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, on!B1999R2342 — EN — 01.01.2001 — 005.001 — 7
condition that the Member State or region of a Member State
availing itself of this possibility carries out on-the-spot checks on all
the animals covered by an application, checks the movements of
those animals and makes a distinctive mark on each animal checked
which 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 age
bracket and provides information as to the premium status of each
animal 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
Retention period
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
Regional ceiling
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 of the
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 a definition of the region and the ceiling set. Any subsequent
change shall be notified to the Commission before 1 January of the year
concerned.
Article 7
Limits on the number of animals per holding
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 shall inform
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 year
concerned.
2. Any subsequent change in the application of paragraph 1 shall be
notified to the Commission before I January ofthe year concerned.!B1999R2342 — EN — 01.01.2001 — 005.001 — 8
Section 2
Grant of the premium at the time of slaughter
Article 8
Form of granting
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 case
of steers for the first or second age bracket or by combining the granting
of the premiums for the two age brackets.
2. Member States which decide to apply the system provided for in
paragraph 1 shall provide that the premium is also to be granted when
eligible animals are being dispatched to another Member State or being
exported to a third 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 provisions
in 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, and
shall 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 case the
Member State shall take steps to ensure that the information
contained 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 measures
necessary 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 the
satisfaction of the Member State, the information necessary to ensure
that 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 the
producer can determine the animals for which he is requesting a special
premium.
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);!B1999R2342 — EN — 01.01.2001 — 005.001 — 9
(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 submitted
within three months of the animals leaving the territory of the Member
State concerned.
Article 9
Details of the grant system
1."M1Nothwithstanding Article 5, the premium shall be paid to
producers who have kept animals for a minimum retention period of two
months ending less that one month before slaughter or consignment or
ending less than two months before export. 3
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 two
months between the time when the animal was not less than seven
months 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 for a
period of not less than 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 than four
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 the
subject of a combined application for the two age brackets shall be taken
into 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 adult
bovine animals, Member States may permit the weight to be established
on 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 or
greater 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 granting
premiums referred to in this section and the relevant procedures.!B
(1) OJ L 123, 7.5.1981, p. 3.
(2) OJ L 67, 11.3.1982, p. 23.1999R2342 — EN — 01.01.2001 — 005.001 — 10
CHAPTER II
DESEASONALISATION PREMIUM
(Article 5 of Regulation (EC) No 1254/1999)
Article 11
Application of the premium
The Commission shall decide, by 1 August at the latest of each calendar
year, in which Member States the deseasonalisation premium may be
granted 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 to
apply Article 5(3) of Regulation (EC) No 1254/1999.
Article 12
Entitlement to the premium
1. The premium may be granted in respect only of steers which have
already received the special premium, or are considered to have received
the special premium pursuant to Article 3, in a Member State applying
the deseasonalisation premium and which are slaughtered in a Member
State 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 in
Article 35.
CHAPTER III
SUCKLER COW PREMIUM
(Articles 6 to 10 of Regulation (EC) No 1254/1999)
Section 1
General arrangements
Article 14
Cows belonging to a meat breed
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 breed
as referred to in Articles 3(f) and 10(2) of Regulation (EC) No
1254/1999.!B1999R2342 — EN — 01.01.2001 — 005.001 — 11
Article 15
Maximum individual reference quantity
1. Where Member States decide to change the maximum individual
reference quantity of 120 000 kilograms referred to in Article 6(2)(b) of
Regulation (EC) No 1254/1999 or to derogate from it, they shall inform
the Commission before 1 January of the calendar year concerned.
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
Retention period
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 to
Article 6(2)(b) of Regulation (EC) No 1254/1999, the ‘livestock’ aid
application or, at the choice of the Member State, the ‘area’ aid
application 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 3to the producer on 31 March preceding the
beginning of the 12-month period of application of the additional
levy scheme starting in the calendar year concerned; where this
quantity is unknown on the date on which the application is
submitted, 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 Article
6(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 laying
down detailed rules for applying the integrated administration and
control system for certain Community aid schemes (1), only one of those
animals may be a heifer.!B
(1) OJ L 391, 31.12.1992, p. 36.!M11999R2342 — EN — 01.01.2001 — 005.001 — 12
Article 18
Average milk yield
The average milk yield shall be calculated on the basis of the average
yields set out in Annex II. However, for this calculation, Member States
may use a document recognised by them certifying the producer’ s dairy
herd’ s average yield.
Article 19
Additional national premium
1. An additional national premium may be granted only to a producer
who, in respect of the same calendar year, receives the suckler cow
premium.
It shall be granted only within the limit of the number of animals
qualifying for this premium, if appropriate after application of the
proportional 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 in
good 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 the
third subparagraph of Article 6(5) of Regulation (EC) No 1254/1999.
Section 2
Ceilings, reserves, transfers
Article 20
Individual ceiling
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 producers
and 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 without
transfers 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 calendar
year,!B1999R2342 — EN — 01.01.2001 — 005.001 — 13
(c) the number of rights granted under Article 9(3) of Regulation (EC)
No 1254/1999 during the preceding calendar year.
Article 22
Rights obtained free of charge
Except in duly justified exceptional cases, where a producer has obtained
premium rights free of charge from the national reserve he shall not be
authorised to transfer and/or temporarily lease his rights during the three
following calendar years
Article 23
Use of rights
1. A producer holding rights may make use of them by availing himself
of those rights and/or leasing those rights to another producer.
2. Where a producer has not made use of at least the minimum
percentage of his rights, fixed in accordance with paragraph 4, during
each calendar year, the part not used shall be transferred to the national
reserve, except:
— in the case of a producer holding a maximum of seven premium
rights, where this producer has not made use of the minimum
percentage of his rights, fixed it accordance with paragraph 4, during
each of two consecutive calendar years, the part not used during the
last 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/or
temporary 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 for in
Article 24(1). At the end of each period of temporary leasing, which may
not exceed three consecutive years, a producer shall, except in the event
of a transfer of rights, recover all his rights for himself, for at least two
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 return annually to
the national reserve that part of the rights not used by the producer.
However, in the case of producers participating in early retirement
schemes recognised by the Commission, Member States may provide for
the total duration of the temporary leasing on the basis of such schemes
to 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 the
transfer and/or temporary leasing of rights to producers whose
participation 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 %.!B
(1) OJ L 215, 30.7.1992, p. 85.1999R2342 — EN — 01.01.2001 — 005.001 — 14
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
Transfer of rights and temporary leasing
1. Member States may lay down, on the basis of their production
structures, a minimum number of premium rights which may be the
subject of a partial transfer not involving the transfer of a holding. This
minimum 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 the
competent authorities of the Member State by the producer transferring
and/or leasing the rights and by the producer receiving the rights.
Such notification shall take place within a deadline set by the Member
State and not later than the date on which the producer receiving the
rights 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 furnish
appropriate legal documents to prove that he or she is the beneficiary of
the deceased producer.
Article 25
Change of individual ceiling
In the case of transfers or temporary leasing of premium rights, Member
States shall set the new individual ceiling and shall notify the producers
concerned of the number of premium rights to which they are entitled not
later than 60 days from the last day of the period during which the
producer submitted his application.
The first paragraph shall not apply in the case where the transfer takes
effect through an inheritance.
Article 26
Producers who do not own the land that they farm
Producers farming only public land or collectively owned land who
decide to discontinue the farming of such land and to transfer all their
rights to another producer shall be treated in the same way as producers
selling or transferring their holdings. In all other cases such producers
shall be treated in the same way as producers transferring their premium
rights only.
Article 27
Transfer through the national reserve
Where Member States provide that the transfer of rights without transfer
of the holding is to take place through the national reserve in accordance
with Article 8(2)(b) of Regulation (EC) No 1254/1999, they shall apply
national provisions analogous to those set out in Articles 23 to 26. In
addition, 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 competent
authorities of the Member State to the producer transferring and/or
leasing the rights, and transfers from the reserve to another producer
shall be effective only after they have been notified to that producer
by these authorities.!B1999R2342 — EN — 01.01.2001 — 005.001 — 15
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 direct
transfer between producers, account being taken in particular of the trend
of production in the Member State concerned. This payment shall be
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 first
decimal 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, these partial
rights shall be added up.
3. Where a producer holds a partial right, this partial right shall only
confer entitlement to the corresponding fraction of the unit amount of the
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
Special scheme for heifers
1. The Commission shall decide, by 1 November 1999 at the latest,
which Member States meet the conditions laid down in Article 10(1) of
Regulation (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 to
as ‘the special scheme’) and where applicable shall communicate the
specific national ceiling that they have determined. Any subsequent
modification 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 is
intended to restock cow herds. These criteria may include in particular an
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 whole number,
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 19 and of the
extensification payment referred to in Article 32. For this purpose
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 cows
or 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.!B1999R2342 — EN — 01.01.2001 — 005.001 — 16
CHAPTER IV
PROVISIONS COMMON TO THE SPECIAL PREMIUM AND
THE SUCKLER COW PREMIUM
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 applications
and the number of applications that producers may submit per premium
scheme and calendar year.
Article 31
Stocking density
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 special
premium or suckler cow premium may be granted, taking account of the
forage 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 3to the producer on 31 March preceding the
beginning of the period of 12 months of application of the additional
levy 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 stocking
density 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 3
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 premium
may be granted.
4. The Member States shall inform each producer concerned of the
stocking density established for him and of the resultant number of LUs
for which a premium may be granted.!B1999R2342 — EN — 01.01.2001 — 005.001 — 17
Article 32
Extensification payment
1. To qualify for the extensification payment, producers must indicate
on the ‘area’ aid application that they wish to participate in the
extensification 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 five
census 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,
and
— each census date shall be determined a posteriori and shall be
notified to the producer at the earliest two weeks after it has been
determined.
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 two
categories 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 to
determine 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 exten-
sification 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 of
LUs corresponding to the sheep and goats for which premium
applications 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 means
of abnormally low stocking rates during part of the year, artificially
create the conditions required by Article 13 of Regulation (EC) No
1254/1999.
4. By way of derogation from paragraph 3, Member States may give
producers the option of choosing a simplified 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) No
1254/1999 up to the date of his ‘area’ aid application,
and!B1999R2342 — EN — 01.01.2001 — 005.001 — 18
(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 before
the 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 for
the 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) of
Regulation (EC) No 1254/1999.
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 cows at
least equal to the number of dairy cows for which the extensification
payment has been applied for. This six-month retention period shall start
on 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 3to the producer on 31 March
preceding the beginning of the 12-month period of application of the
additional 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) of
Regulation (EC) No 1254/1999, they shall inform the Commission of
their 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.!B1999R2342 — EN — 01.01.2001 — 005.001 — 19
!M2
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 has
informed the competent authority, by writing within 10 working days of
the 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.
Article 33
Determination of retention periods
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, preceding
the day which bears the same number as the starting day for the period.
CHAPTER V
SLAUGHTER PREMIUM
(Article 11 of Regulation (EC) No 1254/1999)
Article 34
Statement of participation
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 as
making the first application for that calendar year, submit a statement of
participation.
However, where the producer makes no changes to the statement of
participation, the Member State may accept that the previous statement
remains 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 of the
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 months
following slaughter of the animal or, where the animal is exported, after
the date on which it leaves Community customs territory, and shall
expire no later than the end of February of the following year except in
exceptional 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 first
quarter that the time limit set for the submission of aid applications is to
be extended until 30 September 2000 at the latest. 3"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 per
calendar year. 3
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.!B1999R2342 — EN — 01.01.2001 — 005.001 — 20
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 by
the 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,(iii) the export declaration stating the age of the animal for animals
born after 1 January 1998 and, in the case of calves, save where
Article 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 the
Member 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 animals
forwarded to the competent authority by slaughterhouses shall be
regarded as applications for slaughter premiums on behalf of the
producers, 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, where
applicable, the payment on slaughter of the special premium and/or the
additional payments if these are paid on slaughter, and/or the
deseasonalisation 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 the
Commission 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, in
particular:
(a) the types and quantities of animals as referred to in Article 11(1) of
Regulation (EC) No 1254/1999 slaughtered during the year
concerned;
(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 if these are
paid on slaughter, and/or the deseasonalisation premium.!B1999R2342 — EN — 01.01.2001 — 005.001 — 21
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 laid
down in paragraph 2, the slaughterhouse shall issue the document
referred 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 shall
forward regularly to the Member State where slaughter takes place a
summary, grouped by slaughterhouse, of the slaughter certificates (or
information in place thereof] received from the latter Member State.
Article 36
Weight and presentation of carcases
1. For the purposes of Article 11(1)(b) of Regulation (EC) No
1254/1999, veal carcases shall be presented after skinning, evisceration
and 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 requirement
referred 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 a minimum retention period of two months ending less than 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
National ceilings
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 the unit
amount of the premium. For this purpose account shall be taken of the
first decimal place only.!B
!M1
!B1999R2342 — EN — 01.01.2001 — 005.001 — 22
CHAPTER VI
ADDITIONAL PAYMENTS
(Articles 14 to 20 of Regulation (EC) No 1254/1999)
Article 39
National arrangements
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 the
number of animals concerned;
(c) specific stocking density requirements (save in the case of
payments in the form of a supplement to the slaughter
premium);
(d) the headage limit on male bovines per holding (where
applicable),
(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 suckler
cow premium, and other heifers, or any subgroup of animals
determined 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
Detailed report
The detailed report to be forwarded to the Commission under Article 19
of Regulation (EC) No 1254/1999 shall include the same elements as
those 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.!B1999R2342 — EN — 01.01.2001 — 005.001 — 23
CHAPTER VII
GENERAL PROVISIONS
Article 41
Payment of advances
1. On the basis of the results of administrative checks and on-the-spot
checks, the competent authority shall pay to the producer, for the number
of animals deemed to be eligible, an advance equal to 60 % of the special
premium, the suckler cow premium and the slaughter premium.
In the case of the special premium, the special scheme for heifers
referred to in Article 29 and/or the slaughter premium, the advance
percentage may be reduced by the Member States but may not be less
than 40 %.
In addition, on the basis of administrative and on-the-spot checks,
Member States may decide to pay producers an advance of a maximum
60 % on the amount of the additional payments referred to in Article 14
Regulation (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 is
granted.
However, as regards the 2000 calendar year, an advance equal to 80 % of
the special premium, the suckler cow premium, the slaughter premium
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 payment
and the amount of the premium or the additional payment to which the
producer is entitled.
Article 42
Allocation year
The date of submission of the application shall constitute the operative
event for determining the year to which animals covered by the special
premium, 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.
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.!B
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Article 43
Conversion into national currency
Conversion into national currency of premium amounts, the exten-
sification 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 the
allocation 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 Community
regulations 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 of
Article 23(1) of Regulation (EC) No 1254/1999.
Article 44a
Determination of the individual reference quantity of milk
Up to 31 December 2004, notwithstanding Articles 17(1)(a),
"M231(2)(a) and 32(8)(a) 3, (a Member State may decide that) in
the case of milk producers who release or take over all or part of
individual reference quantities with effect on 31 March or 1 April
respectively in accordance with Article 8(b) of Regulation (EEC) No
3950/92 or pursuant to national provisions adopted for the implemen-
tation of Article 7, Aricle
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 of
suckler 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 in
mountain areas, and
— the stocking density,
shall be 1 April.
Article 45
National implementing measures
Member States shall adopt all suitable measures necessary to ensure that
this Regulation is applied properly. They shall inform the Commission
thereof.
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!M2
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relating to the first six months of the current year) and 1 March (for
information 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 referred to
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 bovine or
calf) and indicating whether the animals were slaughtered or
exported;
(d) the number of animals for which the deseasonalisation premium was
actually granted, broken down according to whether they benefited
from the first or second tranche of the special premium, and the
number of livestock producers corresponding to each of the two
abovementioned 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 preceding calendar 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 those
limits,
— the number of animals broken down by age bracket for which the
special premium was not granted in respect of the preceding
calendar year due to the application of the regional ceiling;
(b) the number of cows and heifers for which the suckler cow premium
was actually granted, broken down according to the schemes referred
to in Article 6(2)(a) and (b) of Regulation (EC) No 1254/1999, and
indicating the grant, where applicable, of the extensification
payment (broken down according to the limits laid down in Article
13(2) of that Regulation), as well as the number of producers
concerned 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 the
specific 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 producers
concerned;!B1999R2342 — EN — 01.01.2001 — 005.001 — 26
(g) the number of animals for which the slaughter premium was actually
granted, broken down by type of animal (adult bovine or calf) and
indicating whether the aid was granted on slaughter or on export, as
well as, for each of these subdivisions, the number of producers
concerned.
3. The Member States shall notify the Commission annually by 31 July
at the latest from 2001 of the number of animals, broken down by type of
animal, in respect of which the slaughter premium has not been granted
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
TRANSITIONAL AND FINAL PROVISIONS
Article 47
Transitional provisions
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 the
Commission in respect of 1999 shall be made in accordance with the
same 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 animals born before
1 January 1998, in accordance with the procedure laid down in 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.
References to the repeated Regulation shall be construed as references to
this Regulation.
Article 49
Entry into force
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 on entry
into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ L 355, 5.12.1992, p. 32.1999R2342 — EN — 01.01.2001 — 005.001 — 27
ANNEX I
LIST OF BOVINE BREEDS REFERRED TO IN ARTICLE 14
— 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, Frisonaespañola, 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.!
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ANNEX II
A VERAGE MILK YIELD REFERRED TO IN ARTICLE 18
(kilograms)
Belgium 5 450
Denmark 6 800
Germany 5 800
Greece 4 250
Spain 4 650
France 5 550
Ireland 4 100
Italy 5 150
Luxembourg 5 700
Netherlands 6 800
Austria 4 650
Portugal 5 100
Finland 6 400
Sweden 7 150
United Kingdom 5 900!B1999R2342 — EN — 01.01.2001 — 005.001 — 29
ANNEX III
NATIONAL CEILINGS FOR THE SLAUGHTER PREMIUM REFERRED
TO IN ARTICLE 38(1)
Adult bovines Calves
Belgium 711 232 335 935
Denmark 711 589 54 700Germany 4 357 713 652 132Greece 235 060 80 324Spain 1 982 216 25 629France 4 041 075 2 045 731
Ireland 1 776 668 0
Italy 3 426 835 1 321 236Luxembourg 21 867 3 432Netherlands 1 207 849 1 198 113Austria 546 557 129 881Portugal 325 093 70 911Finland 382 536 10 090Sweden 502 063 29 933
United Kingdom 3 266 212 26 271!
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!B
ANNEX IV
Table referred to in Articles 21(3) and 46
1.SPECIAL PREMIUM
Number of animals
General scheme and slaughter scheme Slaughter scheme only
Regulation (EC)
No 1254/1999Deadline for submission Ref. Information required Single age bracket or first age bracket Second age bracketBoth age brackets
together
Bulls Steers Steers Steers
Article 46(1)(a) 15 September 1.1Number of animals applied for (January to June)
1 March 1.2Number of animals applied for (July to December)
Article 46(2)(a), first and
second indents31 July 1.3Number of animals accepted(full year)
Article 46(2)(a), fourth indent 31 July 1.4Numberofanimalsnotacceptedonaccountoftheapplication of the regional ceiling
Number of producers
General scheme and slaughter schemeSlaughter scheme
only
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information requiredSingle age bracket
or first age bracket
onlySecond age bracket
onlyBoth age brackets
togetherBoth age brackets
together only
Article 46(2)(a), third indent 31 July 1.5Number of producers granted premium1999R2342 — EN — 01.01.2001 — 005.001 — 31
!B
2.DESEASONALISATION PREMIUM
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information requiredSingle age bracket
or first age bracketSecond age bracketBoth age brackets
together
Article 46(1)(d) 15 September 2.1Number of animals applied for
2.2Number of producers
1 March 2.3Number of animals accepted
2.4Number of producers
3.SUCKLER COW PREMIUM
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information required Pure suckler herds Mixed herds
Article 46(1)(b) 15 September 3.1Number of animals applied for (January to June)
1 March 3.2Number of animals applied for (July to December)
Article 46(2)(b) 31 July 3.3Number of cows accepted (full year)
3.4Number of heifers accepted (full year)
3.5Number of producers granted premium (full year)
Amount per head
Article 46(2)(e) 31 July 3.6National premium
Article 46(2)(d) 31 July 3.7Numberofanimalsnotacceptedonaccountofthe
application of the national ceiling for heifers1999R2342 — EN — 01.01.2001 — 005.001 — 32
!B
4.EXTENSIFICATION PAYMENT
4.1.Application of the single stocking density (first subparagraph of Article 13(2) of Regulation (EC) No 1254/1999)
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information required Special premiumSuckler cow
premiumDairy cows Total
Article 46(2)(a), (b) and (c) 31 July 4.1.1Number of animals accepted
4.1.2Number of producers granted payment
4.2.Application of the two stocking densities (second subparagraph of Article 13(2) of Regulation (EC) No 1254/1999)
Regulation (EC)
No 2342/1999Deadline for submission Ref. Information requiredSpecial premium Sucker cow premium Dairy cows Total
1,4-1,8 <1,41,4-1,8 <1,41,4-1,8 <1,41,4-1,8 <1,4
Article 46(2)(a), (b) and (c) 31 July 4.2.1Number of animals accepted
4.2.2Number of producers granted
payment
5.PREMIUM EXEMPT FROM THE DENSITY FACTOR
Regulation (EC)
No 2340/1999Deadline for submission Ref. Information required Animals Producers
Article 46(2)(f) 31 July 5Number of animals and producers in respect of
which the premium exempt from the applicationof the density factor was granted
6.SLAUGHTER PREMIUM
Number of animals
Regulation (EC)Deadline for submission Ref. Information requiredSlaughter Export
No 2340/1999
Adults Calves Adults Calves
Article 46(1)(c) 15 September 6.1Number of animals applied for (January to June)1999R2342 — EN — 01.01.2001 — 005.001 — 33
!B
Regulation (EC)Deadline for submission Ref. Information requiredSlaughter Export
No 2342/1999
Adults Calves Adults Calves
1 March 6.2Number of animals applied for (July to December)
Article 46(2)(g) 31 July 6.3Number of animals accepted (full year)
Article 46(3) 31 July 6.4Numberofanimalsnotacceptedonaccountofthe
application of the national ceiling
Number of producers
Regulation (EC)Deadline for submission Ref. Information requiredSlaughter Export
No 2342/1999
Adults Calves Adults Calves
Article 46(2)(g) 31 July 6.5Number of producers granted premium
7.SUCKLER COW QUOTA
Regulation (EC)
No 2342/1999Deadline for submission Ref.Balance of rights at
start of yearRights ceded to national reserve arising
fromRights obtained from
national reserveBalance of rights at
end of year
Article 21(3) 1 March (Provisional information) 7.1 (a) Transfers
withoutholding(b) Insufficient
use
Article 21(3) 31 July (Definitive information) 7.21999R2342 — EN — 01.01.2001 — 005.001 — 34