1999R2342 — EN — 15.10.2002 — 010.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2342/1999
of28October1999
laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the
commonorganisationofthemarketinbeefandvealasregardspremiumschemes
(OJ L 281, 4.11.1999, p. 30)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1042/2000 of 18 May 2000 L 118 4 19.5.2000
►M2Commission Regulation (EC) No 1900/2000 of 7 September 2000 L 228 25 8.9.2000
►M3Commission Regulation (EC) No 2733/2000 of 14 December 2000 L 316 44 15.12.2000
►M4Commission Regulation (EC) No 192/2001 of 30 January 2001 L 29 27 31.1.2001
►M5Commission Regulation (EC) No 1458/2001 of 17 July 2001 L 194 4 18.7.2001
►M6Commission Regulation (EC) No 2088/2001 of 25 October 2001 L 282 39 26.10.2001
►M7Commission Regulation (EC) No 169/2002 of 30 January 2002 L 30 21 31.1.2002
►M8Commission Regulation (EC) No 1830/2002 of 14 October 2002 L 277 15 15.10.2002
▼B
COMMISSIONREGULATION(EC)No2342/1999
of28October 1999
laying down detailed rules for the application of Council Regula-
tion (EC) No 1254/1999 on the common organisation of the
marketinbeefandvealasregardspremiumschemes
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 Articles4(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
rulesfor the application of the premium s chemesprovided for
in Council Regulation (EEC) No 805/68 on the common organi-sation of the market in beef and repealing Regulations (EEC) No1244/82 and (EEC) No 714/89(
3), aslas t 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 thescope 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 Regu-lation (EC) No 1036/1999(
6). As a result, this Regulation should
be restricted to the horizontal regulation of outstanding matterswithin the framework of the said integrated system;
(3)the objectives of the regional ceiling and of the stocking densitydictate that the special premium may no longer be applied for inrespect of the same age bracket for those animals affected byapplication of these two measures. For the purposes of the desea-sonalisation premium, these animals should be deemed to have
qualified for the special premium;
(4)Article 4(3)(b) of Regulation (EC) No 1254/1999 laysdown that
each male bovine animal should be covered, until slaughter oruntil export, by an animal passport within the meaning of
Council Regulation (EC) No 820/97 of 21 April 1997 estab-
lishing a system for the identification and registration of bovineanimalsand regarding the labelling of beef and beef products (
7)
or an equivalent administrative document. Provision should bemade for the administrative document to be drawn up and issuedat national level. In order to take account of particular adminis-
trative and control conditionsin the Member States , different
forms of administrative document should be allowed;
(5)Article 4(3) of Regulation (EC) No 1254/1999 laysdown aretention period asa condition for granting the s pecial premium.It is therefore necessary to define and quantify that period;1999R2342 — EN — 15.10.2002 — 010.001 — 2
(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 148, 28.6.1968, p. 24.
(3) OJ L 391, 31.12.1992, p. 20.
(4) OJ L 164, 30.6.1999, p. 53.
(5) OJ L 355, 5.12.1992, p. 1.
(6) OJ L 127, 21.5.1999, p. 4.
(7) OJ L 117, 7.5.1997, p. 1.
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(6)the arrangementsfor granting the s pecial premium at the time of
slaughter should be consistent with the arrangements for granting
the slaughter premium. The types of documents which are toaccompany the animal until slaughter, dispatch or export shouldbe specified. In order to take account of the specific features ofthe form of granting at the time of slaughter, the age conditionsfor steers and the method of presentation of the carcase for adult
bovine animalss hould be laid down;
(7)the conditions for granting the deseasonalisation premium shouldbe laid down, in accordance with the arrangementsfor granting
the slaughter premium. The task of determining, on the basis ofavailable information, which Member Statesmeet the conditionsfor applying this premium scheme should be performed by aCommission decision;
(8)the concept of suckler cow should be defined in accordance withArticle 6(7) of Regulation (EC) No 1254/1999. In thisres pect,
the same breeds should be kept as those under the previous
scheme. Moreover, the administrative rules which applied underthe old scheme may in their essentials continue to be applied, inparticular asregardsthe average milk yield and the additionalnational premium;
(9)with a view to implementing the system of individual ceilings,the rulesgoverning the determination of thos e ceilingsand theircommunication to the producerss hould 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 notused by their holder during a specific period to revert to thenational reserve. Appropriate measures should also be taken toensure 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 shouldtheir allocation to producerswho will benefit from them. To thisend, a minimum percentage of use of rights to the premiumshould be fixed. This percentage needs to be sufficient to avoidunderutilisation of the rights available in certain Member States,which might give rise to problems for priority producers
applying for rightsthrough the national res erve. Member States
should therefore be authorised to raise the minimum percentageof use of rights, which should not, however, exceed 90 %;
(11)Articles22 and 23 of Council Regulation (EC) No 1257/1999 of17 May 1999 on support for rural development from theEuropean Agricultural Guidance and Guarantee Fund (EAGGF)and amending and repealing certain regulations(
1) establish
extensification programmes. Provision should be made for the
suspension, during the entire period of participation in the aboveprogrammes, of the use of rights to the suckler cow premiumreleased in this way. The use of the rights released should,however, be authorised by way of exception to meet the needsfor rightsto the premium aspart of other agri-environmental
measures. One of the objectives of the early retirement scheme
laid down by Article 10 of that Regulation isto encourage thereplacement of elderly farmersby farmersable to improve theeconomic viability of the remaining agricultural holdings. Thereisreas on to fear that certain farmerswill not take part in the
early retirement programmesif thisislikely to lead, in the long
term, to the loss of their suckler cow premium rights. MemberStates should therefore be able to provide for an extension ofthe total duration of temporary leasing on the basis of thoseprogrammes;
(12)the uniform implementation of the provisions relating to thetransfer and temporary leasing of rights entails the laying-downof certain administrative rules. In order to avoid excessive1999R2342 — EN — 15.10.2002 — 010.001 — 3
(1) OJ L 160, 26.6.1999, p. 80.
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administrative 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 transferof the holding, a certain percentage of such transferred rights tothe national reserve. Moreover, provision should be made forthis 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 theproducer can prove that he hasinherited rightsfrom a deceas edproducer;
(14)the special case where a producer uses only publicly or collec-
tively owned land for grazing and transfers all his rights to
another farmer, thus ceasing production, should be deemedequivalent to the transfer of a holding;
(15)application of an administrative system of transfers in which alltransfers of rights without transfer of the holdings and temporaryleasing 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 trans-fers between producers. Objective criteria should be establishedfor the determination of the sum to be paid by the nationalreserve 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 laysdown, forMember Statescomplying with the conditionsin that Article, aspecial optional scheme to manage the granting of the suckler-cow premium for heifers. The task of determining, on the basis
of available information, which Member Statesmeet the condi-
tions for applying this special scheme should be performed by aCommission decision. The special arrangements for granting thepremium should be specified. In accordance with the overallobjective of the suckler-cow premium, this premium should bepaid to farmers whose herd of heifers is intended to restock
cow herdsand not for the production of heifersfor s laughter.
To thisend Member Statess hould lay down criteria, whichmay include in particular an age limit and/or breed requirements;
(17)the method for calculating the stocking density should be deter-mined. 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 compliancewith one, or at most two, stocking densities, at the MemberState's choice. The stocking density for the extensificationpayment scheme should include all bovine animals aged six
monthsand over pres ent on the holding. Special rulesare there-
fore required for counting animalsand for the producer'sstatement of participation in the scheme. Management of thisscheme may be greatly facilitated by using the computeriseddatabase referred to in Regulation (EC) No 820/97. Provisionshould 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 thepurposes of the extensification payment scheme;
(19)there is a risk that some producers may comply artificially withthe average stocking rates required for the grant of the extensifi-
cation payment, owing in particular to abnormally low stocking
rates during part of the year. Steps should be taken to ensure thatthe extensification payment is not granted to such producers. Tothis end it should be specified, for the sake of clarification, thatthis situation falls within the scope of Article 7 of Council Regu-lation (EC) No 1259/1999 of 17 May 1999 establishing common1999R2342 — EN — 15.10.2002 — 010.001 — 4
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rules for direct support schemes under the common agricultural
policy(1) and that Member Statess hould 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 exten-
sive 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 laysdown, for
Member Statescomplying with the conditionsin that Article, a
special scheme for granting the extensification payment to dairycows. The procedure for determining, on the basis of availableinformation, which Member Statesmeet the conditionsforapplying this special scheme should be laid down. The specialarrangements 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 dairycowseligible for the payment, a minimum retention periodshould 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 determiningthe rulesapplicable to periods , datesand 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 thismatter;
(23)applications should normally be submitted in respect of theslaughter 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 thatit containsall the elementsneeded to jus tify payment of thepremium and that the animal is slaughtered in the same MemberState or in another Member State, or exported;
(24)pursuant to Regulation (EC) No 820/97, Member States shouldhave a fully operational computerised database from 31December 1999. It should be possible to use that database to
facilitate the management of the slaughter premium, on condi-
tion that the Member State considers that the database offersadequate assurances as to the accuracy of the data it containsfor the purposes of the payment of premiums;
(25)the slaughter premium for calves is conditional on a maximumweight limit. A standard type of carcase presentation shouldtherefore be laid down, to which thismaximum weight applies ;
(26)Article 11(1) of Regulation (EC) No 1254/1999 laysdown aretention period asa condition for granting the s laughterpremium. It is therefore necessary to define and quantify thatperiod;
(27)detailed information on the national ruleson, and implementa-tion of, the additional paymentsmus t be forwarded to theCommission;
(28)to ensure that farmers receive payments as quickly as possible,provision should be made for granting advances. However, inview of the application of the national or regional ceilings, stepsshould be taken to ensure that the advance does not exceed thedefinitive payment. Provision should therefore be made to allow
Member Statesto reduce the percentage of the advance for the
premium schemes subject to those ceilings;
(29)Regulation (EC) No 1254/1999 laysdown penaltiesfor the
illegal use or holding of substances or products not authorised
by the relevant veterinary legislation. In the case of repeatedinfringements, determination of the duration of penalties should1999R2342 — EN — 15.10.2002 — 010.001 — 5
(1) OJ L 160, 26.6.1999, p. 113.
(2) OJ L 124, 8.6.1971, p. 1.
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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 neces-
sary to fix the date determining the elements to be taken intoconsideration for the application of the said schemes. In orderto ensure sound and consistent administration, the date of thesubmission 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-oversfrom one year to the next with a view to obtaining a higherpremium. Asregardsthe s laughter premium, the date ofslaughter or of export is a better indication of whether the opera-tionsconcerned have actually been carried out;
(31)the exchange rate on the date of the operative event for the aids,premiumsand amountsreferred to in Article 5 of Council Regu-lation (EC) No 2799/98 of 15 December 1998 establishingagrimonetary arrangementsfor the euro(
1) isdefined asthe 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 fluc-tuationson convers ion into national currency due to theexchange rate on a single date. To this end, the best solutionappearsto be an average of the exchange ratesapplicable duringthe month preceding the allocation year, calculated pro rata
temporis ;
(32)for the purposes of monitoring the measures taken under the
reform of the premium schemes in the beef and veal sector, theCommission needs to be fully informed of the implementingmeasures taken by the Member States and the quantitativeresults of the application of the said schemes. Provision should
therefore be made for the Member Statesto be s ubject to certain
notification obligations. To facilitate the transmission andanalysis of the data, a consistent format for submitting that datashould be laid down;
(33)in order to facilitate the change to the new scheme, transitional
provisions are needed for the notification rules and the obliga-
tion to mark and identify animals;
(34)the measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Beef andVeal,
HAS ADOPTED THIS REGULATION:
Article 1
ThisRegulation laysdown the detailed rulesfor the application of the
premium schemes and other payment schemes laid down in Articles 3to 25 of Regulation (EC) No 1254/1999.1999R2342 — EN — 15.10.2002 — 010.001 — 6
(1) OJ L 349, 24.12.1998, p. 1.
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CHAPTER I
SPECIALPREMIUM
(Article 4 of Regulation (EC) No 1254/1999)
Section 1
General arrangements
Article 2
Applications
1. In addition to the requirementsintroduced aspart of the inte-
grated 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’) s hall contain:
(a) a breakdown of the number of animalsby age bracket;
(b) a reference to the passports or administrative documents accompa-
nying the animalswhich are the s ubject 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 20months old in the case of the second age bracket.
Article 3
Grantofpremium
Animalswhich 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 stockingdensity referred to in Article 12 of that Regulation may no longer bethe subject of an application for the same age bracket and shall beconsidered to have been the subject of payment of the premium.
Article 4
Passportsandadministrativedocuments
1. Where, under the conditionslaid down in Article 6 of Regulation
(EC) No 820/97, the passport is not available, it shall be replaced by anational administrative document as provided for in Article 4(3)(b) ofRegulation (EC) No 1254/1999.
2. The competent authorities of the Member State shall ensure that
such passports or administrative documents ensure that only onepremium isgranted per animal and per age bracket.
Member States shall assist one another, as necessary, to this end.
3. Member Statesmay provide that the national adminis trative docu-
ment shall take the form of:
(a) a document accompanying each individual animal;
(b) a comprehensive list, held by the producer, containing all the infor-
mation required for the administrative document, on condition that
the animalsconcerned remain, from the date on which the firs tapplication ismade, with the s ame producer until they are placedon 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 condi-tion that the Member State or region of a Member State availingitself of this possibility carries out on-the-spot checks on all the1999R2342 — EN — 15.10.2002 — 010.001 — 7
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animalscovered by an application, checksthe movementsof thos e
animalsand makesa dis tinctive mark on each animal checkedwhich the producerss hall be required to permit;
(d) a comprehensive list, held by the central authorities, containing all
the information required for the administrative document, on condi-tion that the Member State takes the measures necessary to ensure
that the premium isnot granted twice for the s ame age bracket and
providesinformation asto the premium s tatusof each animalimmediately upon request.
Member Stateswhich decide to avail thems elvesof one or more of
these possibilities shall notify the Commission thereof in due time andforward to it the relevant implementing provisions.
For the purposes of point (c), Great Britain and Northern Ireland alone
shall be considered to be regions of a Member State.
Article 5
Retentionperiod
The duration of the retention period shall be two months, starting on
the day following that on which the application iss ubmitted.
However, Member Statesmay provide that other s tarting datesmay be
set by the producer on condition that they do not fall more than two
monthsafter the day on which the application iss ubmitted.
Article 6
Regionalceiling
1. Where the application of the proportional reduction givesa
number of eligible animalswhich isles sthan a whole number, thereshall be granted in respect of the decimal part a corresponding fractionof the unit amount of the premium. For this purpose, account shall be
taken of the first decimal place only.
2. Where Member Statesdecide to introduce different regionsor
modify the existing regions within their territory, within the meaningof Article 3(c) of Regulation (EC) No 1254/1999, they shall informthe Commission of their decision before 1 January of the yearconcerned, 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
Limitsonthenumberofanimalsperholding
1. Where Member Statesdecide to change the limit of 90 head of
cattle per holding and per age bracket or to derogate from it, they shallinform the Commission before I January of the calendar year
concerned.
Where, moreover, Member Statesfix a minimum number of animals
per holding, below which the proportional reduction will not beapplied, they shall inform the Commission before 1 January of thecalendar year concerned.
2. Any subsequent change in the application of paragraph 1 shall be
notified to the Commission before I January ofthe year concerned.
Section 2
Grant of the premium at the time of slaughter
Article 8
Formofgranting
1. Member Statesmay grant the s pecial premium at the time of
slaughter, in the case of bulls for the single age bracket, and in the1999R2342 — EN — 15.10.2002 — 010.001 — 8
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case of steers for the first or second age bracket or by combining the
granting of the premiumsfor 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 animalsare being dis patched to another Member State or beingexported 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 provi-sions in this section and of Articles 34 and 35(1) and (2) applied
mutatis mutandis .
4. Aswell ascontaining 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 detailsrequired for the purposes of Article 4(2). This document shall be, atthe 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; inthis case the Member State shall take steps to ensure that the infor-mation contained in the copy corresponds to the original;
or
(c) the national administrative document where the passport is not
available, under the conditionslaid down in Article 6 of Regulation(EC) No 820/97.
However, Member States may suspend the application of the national
administrative document. In that case they shall take the measuresnecessary to ensure that the premium is not granted twice for thesame 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 informationnecessary to ensure that one premium only is granted for each animaland each age bracket, the aid application need not be accompanied bythe 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 subpara-
graph of Article 35(2), they shall take the measures necessary to ensurethat the producer can determine the animalsfor which he isreques tinga 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);
(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 terri-
tory of the Member State concerned and proof of dispatch shall besubmitted within three months of the animals leaving the territory ofthe Member State concerned.1999R2342 — EN — 15.10.2002 — 010.001 — 9
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Article 9
Detailsofthegrantsystem
1.►M1Nothwithstanding Article 5, the premium shall be paid to
producerswho have kept animalsfor a minimum retention period oftwo months ending less that one month before slaughter or consign-
ment or ending less than two months before export. ◄
In the case of steers, payment of the premium is subject to the
following rules:
(a) the premium in respect of the first age bracket shall be paid only if
the producer haskept the animal for a period of not les sthan twomonths between the time when the animal was not less than sevenmonthsold and the time when it wasles sthan 22 monthsold;
(b) the premium in respect of the second age bracket may be paid only
if the producer haskept the animal aged not les sthan 20 monthsfor a period of not less than two months;
(c) the premiumsin res pect of the two age bracketsmay be paid
together only if the producer haskept the animal for not les sthan
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 wasdis patched 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 shallbe taken into consideration twice.
3. The carcase weight shall be established on the basis of a carcase
which meetsthe requirementss et out in Article 2 of Council Regula-tion (EEC) No 1208/81(
1).
Where the carcase presentation differs from this definition, the correc-
tive factors shown in the Annex to Commission Regulation (EEC) No
563/82(2) shall apply.
Where slaughter takes place in a slaughterhouse which is not subject to
the application of the Community grading scale for carcases of adultbovine animals, Member States may permit the weight to be estab-lished on the basis of the live weight of the slaughtered animal. Insuch cases the carcase weight shall be considered to be equal to orgreater than 185 kilogramsif the live weight of the s laughtered animal
wasequal 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 premiumsreferred to in thiss ection and the relevant proce-dures.1999R2342 — EN — 15.10.2002 — 010.001 — 10
(1) OJ L 123, 7.5.1981, p. 3.
(2) OJ L 67, 11.3.1982, p. 23.
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CHAPTER II
DESEASONALISATIONPREMIUM
(Article 5 of Regulation (EC) No 1254/1999)
Article 11
Applicationofthepremium
The Commission shall decide, by 1 August at the latest of each
calendar year, in which Member States the deseasonalisation premium
may be granted for the following calendar year.
Member States shall inform the Commission by 1 January of the
calendar year in which the premium isgranted s hould they decide toapply Article 5(3) of Regulation (EC) No 1254/1999.
Article 12
Entitlementtothepremium
1. The premium may be granted in respect only of steers which have
already received the special premium, or are considered to have
received the special premium pursuant to Article 3, in a Member State
applying the deseasonalisation premium and which are slaughtered in aMember 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 situ-
ated.
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, unan-nounced checkson the accuracy of the certificatesreferred to inArticle 35.
CHAPTER III
SUCKLERCOWPREMIUM
(Articles6 to 10 of Regulation (EC) No 1254/1999)
Section 1
General arrangements
Article 14
Cowsbelongingtoameatbreed
Cowsbelonging to the bovine breedss et out in Annex I to thisRegula-
tion shall not be considered to be cows belonging to a meat breed asreferred to in Articles3(f) and 10(2) of Regulation (EC) No 1254/1999.
Article 15
Maximumindividualreference quantity
1. Where Member Statesdecide to change the maximum individual
reference quantity of 120 000 kilogramsreferred to in Article 6(2)(b) ofRegulation (EC) No 1254/1999 or to derogate from it, they shallinform the Commission before 1 January of the calendar yearconcerned.1999R2342 — EN — 15.10.2002 — 010.001 — 11
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2. Any subsequent change in the application of paragraph 1 shall be
notified to the Commission before 1 January of the year concerned.
Article 16
Retentionperiod
The six-month retention period referred to in Article 6(2) of Regulation
(EC) No 1254/1999 shall start on the day following that on which the
application iss ubmitted.
Article 17
Applications
1. In addition to the requirementsintroduced aspart of the inte-
grated system, where an application is made for the premium pursuantto Article 6(2)(b) of Regulation (EC) No 1254/1999, the ‘livestock’ aidapplication or, at the choice of the Member State, the ‘area’ aid appli-cation referred to in Article 6(1) of Regulation (EC) No 3508/92(hereinafter referred to as‘application’) s hall contain:
(a) a statement setting out the individual reference quantity of milk
►
M1available ◄to the producer on 31 March preceding the
beginning of the 12-month period of application of the additionallevy scheme starting in the calendar year concerned; where thisquantity isunknown on the date on which the application issubmitted, it shall be notified to the competent authority at the
earliest opportunity; and
(b) an undertaking by the producer not to increase his individual refer-
ence quantity above the quantitative limit laid down in Article6(2)(b) of Regulation (EC) No 1254/1999 during the 12-month
period starting on the date on which the application is submitted.
However, point (b) shall not apply if the Member State has abolished
the quantitative limit.
2. Applications shall be submitted within an overall period of six
monthsduring a calendar year, to be determined by the Member State.
Member States may provide for separate periods for submitting appli-
cationswithin thisoverall period.
3. Where a premium application coverstwo to five animalsafter
adjustment to the individual ceiling as provided for in Article 10(1) of
Commission Regulation (EEC) No 3887/92 of 23 December 1992laying down detailed rulesfor applying the integrated adminis trationand control system for certain Community aid schemes(
1), only one of
those animals may be a heifer.
Article 18
Average milkyield
The average milk yield shall be calculated on the basis of the average
yieldss et out in Annex II. However, for thiscalculation, MemberStates may use a document recognised by them certifying the produ-cer'sdairy herd'saverage yield.
Article 19
Additionalnationalpremium
1. An additional national premium may be granted only to a
producer who, in respect of the same calendar year, receives thesuckler cow premium.1999R2342 — EN — 15.10.2002 — 010.001 — 12
(1) OJ L 391, 31.12.1992, p. 36.▼M1
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It shall be granted only within the limit of the number of animals quali-
fying for thispremium, if appropriate after application of theproportional reduction laid down in the third subparagraph of Article
10(1) of Regulation (EC) No 1254/1999.
2. Member Statesmay lay down additional conditionsfor the grant
of the additional premium. They shall inform the Commission thereofin 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 Statesfulfil the conditionslaid down inthe third subparagraph of Article 6(5) of Regulation (EC) No 1254/1999.
Section 2
Ceilings, reserves, transfers
Article 20
Individualceiling
1. Member Statess hall determine an individual ceiling per producer
under the conditionslaid down in Article 7(1), (2) and (3) of Regula-tion (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 indivi-
dual ceilingsin accordance with Article 7(3) of Regulation (EC) No
1254/1999, aswell asthe total number of rightsgranted to producersand the number of rightsallocated to the res erve.
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 rightsreturned without compens atory
payment to the national reserve following transfers of rightswithout 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 calendaryear,
(c) the number of rightsgranted under Article 9(3) of Regulation (EC)
No 1254/1999 during the preceding calendar year.
Article 22
Rightsobtainedfree ofcharge
Except in duly justified exceptional cases, where a producer has
obtained premium rightsfree of charge from the national res erve heshall not be authorised to transfer and/or temporarily lease his rightsduring the three following calendar years1999R2342 — EN — 15.10.2002 — 010.001 — 13
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Article 23
Useofrights
1. A producer holding rightsmay make us e 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 hisrights , fixed in accordance with paragraph 4, duringeach 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 minimumpercentage of hisrights , 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 nationalreserve,
— 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 producershall, except in the event of a transfer of rights, recover all his rightsfor himself, for at least two consecutive calendar years. If the producerdoes 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 therightsnot us ed by the producer.
However, in the case of producers participating in early retirement
schemes recognised by the Commission, Member States may providefor the total duration of the temporary leasing on the basis of suchschemes to be increased.
Producerswho have undertaken to participate in an extens ification
programme in accordance with the measure referred to in Article
2(1)(c) of Council Regulation (EEC) No 2078/92(
1) or in an extensifi-
cation programme in accordance with Articles22 and 23 of Regulation(EC) No 1257/1999 shall not be authorised to temporarily lease and/orto 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 thissubparagraph requires the acquisition of rights.
4. The minimum percentage of use of rights to the premium shall be
70 %.
However, the Member Statesmay rais e thispercentage to 90 %.The Member States shall inform the Commission in advance of the
percentage that they intend to apply.
Article 24
Transferofrightsandtemporaryleasing
1. Member Statesmay lay down, on the bas isof their production
structures, a minimum number of premium rights which may be thesubject of a partial transfer not involving the transfer of a holding.Thisminimum may not exceed five premium rights .1999R2342 — EN — 15.10.2002 — 010.001 — 14
(1) OJ L 215, 30.7.1992, p. 85.
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2. Transfers of premium rights and temporary leasing of such rights
shall be effective only after they have been notified jointly to thecompetent authoritiesof the Member State by the producer trans ferring
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 therights submits his premium application, except in those cases wherethe transfer of rights takes effect through an inheritance. In that case,the producer who receives the rights shall be in a position to furnishappropriate legal documentsto prove that he or s he isthe beneficiary
of the deceased producer.
Article 25
Changeofindividualceiling
In the case of transfers or temporary leasing of premium rights,
Member States shall set the new individual ceiling and shall notify theproducersconcerned of the number of premium rightsto which they
are entitled not later than 60 daysfrom the las t 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
Producerswhodonotownthelandthattheyfarm
Producersfarming 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 produ-
cers selling or transferring their holdings. In all other cases suchproducers shall be treated in the same way as producers transferringtheir premium rightsonly.
Article 27
Transferthroughthenationalreserve
Where Member Statesprovide that the trans fer of rightswithout
transfer of the holding is to take place through the national reserve inaccordance with Article 8(2)(b) of Regulation (EC) No 1254/1999, theyshall apply national provisions analogous to those set out in Articles 23to 26. In addition, in thisevent:
— Member Statesmay provide that temporary leas ing isto 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 autho-ritiesof the Member State to the producer trans ferring and/orleasing the rights, and transfers from the reserve to anotherproducer shall be effective only after they have been notified to
that producer by these authorities.
In addition, such provisions must ensure that a payment will be made
by the Member State for that part of the rightsother 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 resultedfrom a direct transfer between producers, account being taken in parti-cular of the trend of production in the Member State concerned. Thispayment shall be equal to the payment which will be claimed from
producersreceiving equivalent rightsfrom the national res erve.
Article 28
Partial rights
1. Where calculations to be made pursuant to the provisions of this
Section produce numbers which are not whole numbers, only the firstdecimal place shall be taken into account.1999R2342 — EN — 15.10.2002 — 010.001 — 15
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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 holdsa partial right, thispartial right s hall only
confer entitlement to the corresponding fraction of the unit amount ofthe premium and, where applicable, of the additional national premiumreferred to in Article 19 and of the extensification payment referred toin Article 32.
Article 29
Specialschemeforheifers
1. The Commission shall decide, by 1 November 1999 at the latest,
which Member Statesmeet the conditionslaid down in Article 10(1) ofRegulation (EC) No 1254/1999.
The Member States concerned shall inform the Commission, before 1
January 2000, whether or not they intend to apply the scheme laid
down in Article 10 of Regulation (EC) No 1254/1999 (hereinafterreferred to as ‘the special scheme’) and where applicable shall commu-nicate the specific national ceiling that they have determined. Anysubsequent modification shall be notified to the Commission before 1January 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 ofheifers is intended to restock cow herds. These criteria may include inparticular 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 yearconcerned.
3. Where the application of the proportional reduction referred to in
the third subparagraph of Article 10(1) of Regulation (EC) No 1254/1999 givesa number of eligible animalswhich isles sthan a whole
number, there shall be granted in respect of the decimal part a corre-
sponding fraction of the unit amount of the premium and, whereapplicable, of the additional national premium referred to in Article19 and of the extensification payment referred to in Article 32. Forthis 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 concerningthe minimum number of animalsto be held s hall be met in full eitherby Buckler cowsif the producer haslodged an application for Bucklercowsor by heifersif the producer haslodged an application for heifers .
5. The provisions of Articles 20 to 28 shall not apply within this
special scheme.
Article 29a
Rounding-offofanimalnumbers
If the calculation of the minimum and maximum number of heifers
expressed as a percentage as laid down respectively in the first, second
and third subparagraphs of Article 6(2) and in the fourth subparagraphof Article 10(1) of Regulation (EC) No 1254/1999 producesa res ultwhich isnot a whole number, that number s hall be rounded down tothe nearest whole number if it is less than 0,5 and up to the nearestwhole number if it is0,5 or more.1999R2342 — EN — 15.10.2002 — 010.001 — 16
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CHAPTER IV
PROVISIONS COMMON TO THE SPECIAL PREMIUM AND THE
SUCKLERCOWPREMIUM
Article 30
Applications
1. Member States may, for administrative reasons, provide that
applications shall be for a minimum number of animals, providingthat thisnumber doesnot exceed three.
2. Without prejudice to Articles17(2) and 32(7), Member States
may determine the periods and dates for submission of premium appli-cationsand the number of applicationsthat producersmay s ubmit perpremium scheme and calendar year.
Article 31
Stockingdensity
1. For each producer who, in respect of the same calendar year,
submits
— the ‘area’ aid application referred to in Article 6(1) of Regulation
(EEC) No 3508/92,
and
— at least one application for a special premium or a suckler cow
premium,
the competent authorities shall establish the number of LUs (livestock
units) corresponding to the number of animals for which a special
premium or suckler cow premium may be granted, taking account of
the forage area of hisholding.
2. In establishing the stocking density referred to in Article 12 of
Regulation (EC) No 1254/1999, the following procedure shall apply:
(a) account shall be taken of the individual reference quantity of milk
►
M1available ◄to the producer on 31 March preceding the
beginning of the period of 12 monthsof application of the addi-tional levy scheme beginning in the calendar year concerned;
(b) the number of dairy cowsneeded to produce thisreference quantity
shall be calculated in accordance with Article 18 of this Regula-tion.
3. In determining the number of animalseligible for a premium:
(a) the number of hectaresdetermined in accordance with the ruleslaid
down in the integrated system shall be multiplied by the stockingdensity referred to in Article 12 of Regulation (EC) No 1254/1999;
(b) the number of LUscorres ponding to the number of dairy cows
needed to produce the reference quantity of milk
►
M1available ◄to the producer shall be deducted from the
figure thusobtained;
(c) the number of LUs corresponding to the number of sheep and/or
goats for which a premium application is submitted shall bededucted from the figure thusobtained.
The final figure thus obtained shall correspond to the maximum
number of LUsfor which the s pecial premium and the Buckler cow
premium may be granted.
4. The Member Statess hall inform each producer concerned of the
stocking density established for him and of the resultant number ofLUsfor which a premium may be granted.1999R2342 — EN — 15.10.2002 — 010.001 — 17
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Article 32
Extensificationpayment
1. To qualify for the extensification payment, producers must indi-
cate on the ‘area’ aid application that they wish to participate in theextensification payment scheme.
2. Animals which are considered to have received the special
premium within the meaning of Article 3 shall not qualify for the
extensification payment.
3. In order to check that the total number of animalscalculated in
accordance with Article 13(3)(a) of Regulation (EC) No 1254/1999meets the stocking density requirements) laid down in Article 13(2) ofthat 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
datesmay 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 noti-
fied to the producer at the earliest two weeks after it has beendetermined.
On these dates the animals shall be counted in accordance with one of
the following methods, at the choice of the Member State:
— Member States shall ask each pcoducer to declare, on the basis of
hisfarm regis ter, prior to a date to be determined by the Member
State, the number of LUsor the number of animalsof each of the
two categoriesof male animalsreferred to in Annex III to Regula-tion (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 databaseto determine the number of LUson condition that the databas eoffers, to the satisfaction of the Member State, adequate assurances
asto the accuracy of the data it containsfor the purpos esof the
extensification payment scheme.
The number of LUsus ed to determine whether the producer is
complying with the stocking density requirements laid down in Article13(2) of Regulation (EC) No 1254/1999 shall be the arithmetic average
of the numbersof LUscounted on the cens usdatesplusthe number of
LUs corresponding to the sheep and goats for which premium applica-tions have been submitted for the same calendar year.
However, where Member Statesdecide that the cens usdatesmay be
any day of the year, they may provide that the numbersreferred to in
(a) and (b) shall be calculated pro rata temporis for the period on
which the animalsare pres ent on the holding.
Member States shall take the measures necessary to apply Article 7 of
Regulation (EC) No 1259/1999 in the case of producers who, by meansof abnormally low stocking rates during part of the year, artificially
create the conditionsrequired by Article 13 of Regulation (EC) No
1254/1999.
4. By way of derogation from paragraph 3, Member Statesmay give
producers the option of choosing a simplified scheme.
In that case, the producer must indicate on the ‘area’ aid application:
(a) that he declaresthat he hascomplied each day with the maximum
stocking density Iaid down in Article 13 of Regulation (EC) No1254/1999 up to the date of his‘area’ aid application,
and
(b) that he undertakes to comply each day with that stocking density
between the date of his‘area’ aid application and 31 December.1999R2342 — EN — 15.10.2002 — 010.001 — 18
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Where the Member State has chosen to apply the second subparagraph
of Article 13(2) of Regulation (EC) No 1254/1999, the producer shallspecify on his application which of the two maximum stocking densi-
ties he is observing. The producer may alter this choice at the latest
before the announcement of an on-the-spot check on the number ofhisanimals .
The producer may notify the competent authority of the cancellation of
his undertaking at the latest before the announcement of an on-the-spotcheck on the number of his animals. In that case he shall not qualify
for the extensification payment.
The declaration and undertaking referred to in thisparagraph s hall be
subject to the control and penalty provisions provided for under theintegrated 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) ofRegulation (EC) No 1254/1999. Any subsequent change shall be noti-fied to the Commission before 1 January of the year concerned.
6. The Commission shall decide, by 1 November 1999 at the latest,
which Member Statesmeet the conditionslaid 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, producerswho wis h to qualify
for the extensification payment under paragraph 6 shall state on the‘livestock’ aid application that they are applying for the extensificationpayment. They shall keep, for at least six consecutive months startingon the date on which the application iss ubmitted, a number of dairy
cowsat leas t equal to the number of dairy cowsfor which the extens i-
fication payment hasbeen applied for. Thiss ix-month retention periodshall start on the day following that on which the application issubmitted.
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 cowsFor which the extens ification payment
isgranted to a producer may not exceed either of the following two
figures:
(a) the number of dairy cowsneeded to produce the individual refer-
ence quantity of milk ►
M2available ◄to the producer on 31
March preceding the beginning of the 12-month period of applica-tion of the additional levy scheme beginning in the calendar yearconcerned; this number of cows shall be calculated using the
average milk yield defined in Annex II;
(b) the total number of cowson the holding, determined in accordance
with paragraph 3, less the number of suckler cows corresponding tothe 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 Regu-
lation (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.
11. In the event that the competent veterinary authoritiesdecide that
no animal may leave the production unit except for the purpose ofslaughter, the number of livestock units recorded on the holding shall1999R2342 — EN — 15.10.2002 — 010.001 — 19
▼M2
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be multiplied by the coefficient 0,8 for the purpose of applying this
Article.
This measure shall be restricted to the period, plus 20 days, within
which the abovementioned decision applies, provided that the producer
hasinformed the competent authority, by writing within 10 workingdays of the decision, of the presence of the animals concerned andhas taken all the measures necessary to prevent and/or limit the occur-rence of the epizootic.
12. In the period between 15 October 2000 and ►
M515 May
2001◄inclusive, for the purposes of applying this Article the number
of LUsrecorded on the holding s hall be multiplied by a coefficient of0,8.
This measure shall apply if it can be demonstrated to the satisfaction of
the Member State that, because of the exceptional market situation, the
animalsare being kept longer on the holding than isnormally the cas e.
Article 33
Determination ofretentionperiods
The last day of the retention periods referred to in Articles 5, 9(1), 16,
32(7) and 37 shall be the day, whether a working day or not, precedingthe day which bears the same number as the starting day for the period.
CHAPTER V
SLAUGHTERPREMIUM
(Article 11 of Regulation (EC) No 1254/1999)
Article 34
Statementofparticipation
Member Statesmay 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 makesno changesto the s tatement of
participation, the Member State may accept that the previouss tatementremainsvalid.
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 monthsfollowing slaughter of the animal or, where the animal is exported,after the date on which it leavesCommunity cus tomsterritory, and
shall expire no later than the end of February of the following year
except in exceptional cases to be decided by the Member Stateconcerned where animalsare dis patched or exported. ►
M1Without
prejudice to the time limit fixed above, the Member Statesmay s etperiods and dates for the submission of aid applications and may deter-mine the number of applicationsthat each producer may s ubmit per
calendar year. ◄►
M2For 2000, Member Statesmay decide in
respect of animals slaughtered or exported during the first quarter thatthe time limit set for the submission of aid applications is to beextended until 30 September 2000 at the latest. ◄
Member Statesmay permit applicationsto be s ubmitted through a
person other than the producer. In such cases the application shall1999R2342 — EN — 15.10.2002 — 010.001 — 20
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bear the name and address of the producer who is liable to qualify for
the premium.
In addition to the requirementsintroduced aspart of the integrated
system, each application shall contain:
(a) in cases where the grant is made at the time of slaughter, a certifi-
cate from the slaughterhouse or any document produced orendorsed by the slaughterhouse containing at least the same infor-mation, 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, savewhere Article 36(4) applies, the live weight, which may not
exceed 290 kilograms;
(iv) proof that the animal hasleft Community cus tomsterritory,
shown in the same manner as for an export refund.
However, Member Statesmay provide that the information referred to
in (a) and (b) shall be forwarded via a body or bodies approved by theMember State, which may use information technology.
Member Statess hall carry out regular, unannounced checkson the
accuracy of the certificates or documents issued and, where appro-priate, the information referred to in the fifth subparagraph.
2. By way of derogation from paragraph 1, Member Stateswith a
computerised database as referred to in Article 3(b) of Regulation
(EC) No 820/97 may provide that information on the slaughter ofanimals forwarded to the competent authority by slaughterhouses shallbe regarded asapplicationsfor s laughter premiumson behalf of theproducers, on condition that the database offers, to the satisfaction of
the Member State, adequate assurances as to the accuracy of the data
it contains for the purposes of the slaughter-premium scheme and,where applicable, the payment on slaughter of the special premiumand/or the additional payments if these are paid on slaughter, and/orthe deseasonalisation premium.
However, Member Statesmay provide that applicationss hall be
submitted. In such a case they may determine the type of informationthat shall accompany the application.
Member States choosing to apply this paragraph shall inform the
Commission thereof before 1 January 2000. They shall inform theCommission of any subsequent change before it is implemented.
Member States shall ensure that the data made available to the paying
agency includesall the information needed to pay the premium, inparticular:
(a) the typesand quantitiesof animalsasreferred to in Article 11(1) of
Regulation (EC) No 1254/1999 slaughtered during the yearconcerned;
(b) information regarding compliance with the age limitsand carcas e
weight of the animalsreferred to in that Article and with the reten-tion 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.
3. For animalswhich have been the s ubject of intra-Community
trade after the retention period indicated in Article 37, even if the1999R2342 — EN — 15.10.2002 — 010.001 — 21
▼B
Member State where slaughter was carried out chose to apply the dero-
gation laid down in paragraph 2, the slaughterhouse shall issue thedocument referred to in point (a) of the fourth subparagraph of para-
graph 1.
However, where their data transfer systems are compatible, two
Member States may agree to apply the system described in paragraph2.
Member States shall assist one another to ensure effective controls on
the authenticity of documentss ubmitted and/or the accuracy of the dataexchanged. To that end the Member State where payment ismade s hallforward 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
Weightandpresentationofcarcases
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, kidneysand
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 establishedas 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 kilogramsfor the liver;
(b) 0,5 kilogramsfor the kidneys ;
(c) 3,5 kilogramsfor the kidney fat.
4. Member Statesmay provide that where a calf isles sthan five
monthsold at the time of s laughter 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 thelive weight doesnot exceed 290 kilograms .
Article 37
Premium beneficiary
1. The premium shall be paid to producers who have held the
animalsfor a minimum retention period of two monthsending les sthan one month before slaughter or ending less than two months beforeexport.
2. In the case of calves slaughtered before the age of three months,
the retention period shall be one month.
Article 38
Nationalceilings
1. The national ceilingsreferred to in Article 11(1) and (3) of Regu-
lation (EC) No 1254/1999 are shown in Annex III.
2. Where the application of the proportional reduction givesa
number of eligible animalswhich isles sthan a whole number, thereshall be granted in respect of the decimal part a corresponding fractionof the unit amount of the premium. For this purpose account shall betaken of the first decimal place only.1999R2342 — EN — 15.10.2002 — 010.001 — 22
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CHAPTER VI
ADDITIONALPAYMENTS
(Articles14 to 20 of Regulation (EC) No 1254/1999)
Article 39
Nationalarrangements
The detailed information to be forwarded to the Commission under
Article 18 of Regulation (EC) No 1254/1999 shall include the
following:
1. headage payments(where applicable):
(a) indicative amountsper 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 theform of a supplement to the slaughter premium) and of the
number of animalsconcerned;
(c) specific stocking density requirements (save in the case of
payments in the form of a supplement to the slaughterpremium);
(d) the headage limit on male bovinesper holding (where applic-
able),
(e) other information on the rulesof application.
The categoriesof animal referred to in points(a) and (b) are: bulls ,
steers, suckler cows, dairy cows, heifers qualifying for the sucklercow premium, and other heifers, or any subgroup of animals deter-
mined by the Member State and included in those categories;
2. area payments (where necessary):
(a) calculation of regional base areas,
(b) indicative amountsper hectare;
(c) an indicative forecast of total expenditure and of the number of
hectaresconcerned;
(d) other information on the rulesof application.
Article 40
Detailedreport
The detailed report to be forwarded to the Commission under Article
19 of Regulation (EC) No 1254/1999 shall include the same elementsas those laid down in Article 39, updated and supplemented.
It shall also include:
(a) a summary of the difficulties encountered in implementing the
additional paymentss cheme;
(b) an evaluation of the effectiveness of this scheme;
(c) possibly some proposals on the future development of this scheme.
CHAPTER VII
GENERALPROVISIONS
Article 41
Paymentofadvances
1. On the basis of the results of administrative checks and on-the-
spot checks, the competent authority shall pay to the producer, for thenumber of animalsdeemed to be eligible, an advance equal to 60 % ofthe special premium, the suckler cow premium and the slaughterpremium.1999R2342 — EN — 15.10.2002 — 010.001 — 23
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In the case of the special premium, the special scheme for heifers
referred to in Article 29 and/or the slaughter premium, the advancepercentage may be reduced by the Member Statesbut may not be les s
than 40 %.
In addition, on the basis of administrative and on-the-spot checks,
Member Statesmay decide to pay producersan advance of a maximum60 % on the amount of the additional paymentsreferred to in Article14 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
isgranted.
However, asregardsthe calendar years2000, 2001 and 2002, the
advance on the special premium, the suckler cow premium, theslaughter premium and the additional payments may be paid at a rateof up to 80 % of the amount of those premiums or of those payments.
2. The definitive payment of the premium or the additional payment
shall be an amount equal to the difference between the advancepayment and the amount of the premium or the additional payment towhich the producer isentitled.
Article 42
Allocationyear
The date of submission of the application shall constitute the operative
event for determining the year to which animalscovered by the s pecialpremium, suckler cow premium, deseasonalisation premium and exten-sification 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 optionsprovided for in Article 8:
— where the animal wass laughtered or exported no later than 31
December, and
— where the premium application for that animal iss ubmitted after
that date,
the amount of the premium applicable shall be that in force on 31
December of the year in which slaughter or export took place.
Notwithstanding the preceding paragraphs and Article 35(1), where a
special premium is granted under one of the options provided for inArticle 8, if the animal iss laughtered between 1 January and 28
February 2001 and if the premium application for that animal islodged
no later than 15 March 2001 in respect of the 2000 calendar year, atthe producer's request the allocation year shall be 2000 and the amountof the premium shall be that valid on 31 December 2000.
As regards the slaughter premium, for the purposes of applying the rate
of aid and calculating the proportional reduction in accordance withArticle 38, the allocation year shall be the year of slaughter or export.
Article 43
Conversionintonationalcurrency
Conversion into national currency of premium amounts, the extensifi-
cation payment and the additional paymentss hall be carried out inaccordance with the average, calculated pro rata temporis , of the
exchange ratesapplicable in the month of December preceding theallocation year determined in accordance with Article 42.1999R2342 — EN — 15.10.2002 — 010.001 — 24
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Article 44
Penalties for the illegal use or holding of certain substances or
products
In the event of repeated infringementsthrough the illegal us e or
holding of substances or products not authorised by the relevant
Community regulations in the veterinary sector, Member States shalldetermine, in the light of the seriousness of the infringement, the lengthof the exclusion from the aid schemes pursuant to the second subpara-graph of Article 23(1) of Regulation (EC) No 1254/1999.
Article 44a
Determination oftheindividualreference quantityofmilk
Up to 31 December 2004, notwithstanding Articles 17(1)(a),
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M231(2)(a) and 32(8)(a) ◄, (a Member State may decide that) in
the case of milk producers who release or take over all or part of indi-vidual reference quantitieswith effect on 31 March or 1 Aprilrespectively in accordance with Article 8(b) of Regulation (EEC) No3950/92 or pursuant to national provisions adopted for the implementa-tion of Article 7, Article 8(a), (d) and (e) or Article 8a of that
Regulation, the date determining:
— the maximum individual reference quantity of milk available to
qualify for the suckler-cow premium and the maximum number ofsuckler cows,
— grantsof additional paymentsper head for dairy cows ,
— the number of dairy cowswith a view to the granting of the exten-
sification payment for dairy cows kept on holdings located in
mountain areas, and
— the stocking density,
shall be 1 April.
Article 45
Nationalimplementing measures
Member States shall adopt all suitable measures necessary to ensure
that this Regulation is applied properly. They shall inform the Commis-
sion 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 informationrelating 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 hasbeen 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
hasbeen applied for, broken down according to the s chemes
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
hasbeen applied for, broken down by type of animal (adult bovineor calf) and indicating whether the animalswere s laughtered orexported;1999R2342 — EN — 15.10.2002 — 010.001 — 25
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(d) the number of animals for which the deseasonalisation premium
wasactually granted, broken down according to whether they bene-fited 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 Commis-
sion by 31 July at the latest in each year and for the preceding calendaryear of:
(a) the number of male bovinesfor which the s pecial 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 limitslaid down in Article
13(2) of Regulation (EC) No 1254/1999), and the number oflivestock producers concerned, shown separately in accordancewith those limits,
— the number of animalsbroken down by age bracket for which
the special premium was not granted in respect of the precedingcalendar year due to the application of the regional ceiling;
(b) the number of cowsand heifersfor which the s uckler cow premium
wasactually granted, broken down according to the s chemesreferred to in Article 6(2)(a) and (b) of Regulation (EC) No 1254/
1999, and indicating the grant, where applicable, of the extensifica-
tion payment (broken down according to the limitslaid down inArticle 13(2) of that Regulation), aswell asthe number of produ-cers concerned in the case of each scheme;
(c) the number of dairy cowsfor which the extens ification payment
wasactually granted;
(d) the number of animalsfor which the premium wasnot 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 conditionsfor granting the premium,
and
— the amount granted per animal;
(f) the number of animalsfor which the premium not affected by
stocking density was actually granted, and the number of producersconcerned;
(g) the number of animalsfor which the s laughter premium wasactu-
ally granted, broken down by type of animal (adult bovine or calf)
and indicating whether the aid wasgranted on s laughter or onexport, as well as, for each of these subdivisions, the number ofproducersconcerned.
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 notbeen granted in respect of the preceding calendar year due to the appli-cation of national ceilings.
4. Member States shall communicate the details specified in this
Article using the tables set out in Annex IV.1999R2342 — EN — 15.10.2002 — 010.001 — 26
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CHAPTER VIII
TRANSITIONALANDFINALPROVISIONS
Article 47
Transitionalprovisions
1. In accordance with Article 50 of Regulation (EC) No 1254/1999,
in order to facilitate the transition from the provisions of Regulation
(EEC) No 805/68 to Regulation (EC) No 1254/1999, notificationsto
the Commission in respect of 1999 shall be made in accordance withthe 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 animalsborn 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 isrepealed 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 thisRegulation.
Article 49
Entryintoforce
ThisRegulation s hall enter into force on the third day following that of
itspublication in the Official Journal of the European Communities .
It shall apply from 1 January 2000, except for the provisions relating to
notificationsor decis ionslaid down in Articles10, 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 thisRegulation.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1999R2342 — EN — 15.10.2002 — 010.001 — 27
(1) OJ L 355, 5.12.1992, p. 32.
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ANNEX I
LISTOFBOVINEBREEDSREFERREDTOINARTICLE14
— Angler Rotvieh (Angeln) — Rød dansk mælkerace (RMD)
— Ayrshire
— Armoricaine
— Bretonne Pie-noire— Fries-Hollands (FH), Française frisonne pie noire (FFPN), Friesian-Holstein,
Holstein, Black and White Friesian, Red and White Friesian, Frisona espa-
ñola, Frisona Italiana, Zwartbonten van België/Pie noire de Belgique,
Sortbroget dansk mælkerace (SDM), Deutsche Schwarzbunte, Schwarzbunte
Milchrasse (SMR)
— Groninger Blaarkop— Guernsey— Jersey— Malkeborthorn— Reggiana— Valdostana Nera— Itäsuomenkarja
— Länsisuomenkarja
— Pohjoissuomenkarja.1999R2342 — EN — 15.10.2002 — 010.001 — 28
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ANNEX II
AVERAGEMILKYIELDREFERREDTOINARTICLE18
(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
Netherlands6 800
Austria 4 650
Portugal 5 100
Finland 6 400
Sweden 7 150United Kingdom 5 9001999R2342 — EN — 15.10.2002 — 010.001 — 29
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ANNEX III
National ceilings for the slaughter premium referred to in Article 38(1)
applicablefrom1January2002
Adult bovinesCalves
Belgium 711 232 335 935
Denmark 711 589 54 700
Germany 4 357 713 652 132
Greece 235 060 80 324
Spain (1) 1 982 216 25 629
France (2) 4 041 075 2 045 731
Ireland 1 776 668 0
Italy 3 426 835 1 321 236
Luxembourg 21 867 3 432
Netherlands1 207 849 1 198 113
Austria 546 557 129 881
Portugal (3) 325 093 70 911
Finland 382 536 10 090
Sweden 502 063 29 933
United Kingdom 3 266 212 26 271
(1) Without prejudice to the special provisions laid down by Council Regulation (EC) No
1454/2001 of 28 June 2001 introducing specific measures for certain agricultural
products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican)
(OJ L 198, 21.7.2001, p. 45).
(2) Without prejudice to the special provisions laid down by Council Regulation (EC) No
1452/2001 of 28 June 2001 introducing specific measures for certain agriculturalproductsfor the French overs easdepartments , amending Directive 72/462//EEC and
repealing Regulations(EEC) No 525/77 and (EEC) No 3763/91 (Pos eidom) (OJ L
198, 21.7.2001, p. 11).
(
3) Without prejudice to the special provisions laid down by Council Regulation (EC) No
1453/2001 of 28 June 2001 introducing specific measures for certain agriculturalproductsfor the Azoresand Madeira and repealing Regulation (EEC) No 1600/92
(Poseima) (OJ L 198, 21.7.2001, p. 26).1999R2342 — EN — 15.10.2002 — 010.001 — 30
ANNEX IV
Tablereferred toinArticles21(3)and46
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