1996R0716 — EN — 15.04.2003 — 003.001 — 1
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►B COMMISSIONREGULATION(EC)No716/96
of19April1996
adoptingexceptional supportmeasuresforthebeefmarketintheUnitedKingdom
(OJ L 99, 20.4.1996, p. 14)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 774/96 of 26 April 1996 L 104 21 27.4.1996
►M2 Commission Regulation (EC) No 835/96 of 6 May 1996 L 112 17 7.5.1996
►M3 Commission Regulation (EC) No 1512/96 of 29 July 1996 L 189 93 30.7.1996
►M4 Commission Regulation (EC) No 1846/96 of 25 September 1996 L 245 9 26.9.1996
►M5 Commission Regulation (EC) No 1974/96 of 15 October 1996 L 262 2 16.10.1996
►M6 Commission Regulation (EC) No 2149/96 of 8 November 1996 L 288 14 9.11.1996
►M7 Commission Regulation (EC) No 2423/96 of 18 December 1996 L 329 43 19.12.1996
►M8 Commission Regulation (EC) No 1365/97 of 16 July 1997 L 188 6 17.7.1997
►M9 Commission Regulation (EC) No 1176/2000 of 31 May 2000 L 131 37 1.6.2000
►M10 Commission Regulation (EC) No 667/2003 of 11 April 2003 L 96 13 12.4.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No716/96
of19April1996
adopting exceptional support measures for the beef market in the
UnitedKingdom
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June
1968 on the common organization of the market in beef and veal (1),
as lastamended by Commission Regulat ion (EC) No 2417/95 (2) and,
in particular, Article 23 thereof,
Whereas Commission Decision 96/239/EC of 27 March 1996 on emer-
gency measures to protect against bovine spongiform encephalopathy
(BSE) (3) prohibits the exportation of live bovine animals, or any part
of them, from the United Kingdom to other Member States and theirexport to third countries as a result of the incidence of BSE in theUnited Kingdom; whereas the United Kingdom has prohibited theintroduction of bovine animals of more than 30 months at the time of
slaughter into the human food and animal feed chains; whereas these
measures involve serious disturbances in the market of the UnitedKingdom; whereas it is therefore necessary to take exceptionalmeasures to support this market; whereas it is appropriate to establisha Community co-financed scheme authorizing the United Kingdom to
purchase the animals covered by the abovementioned prohibition with
a view to killing and subsequently destroying them;
Whereas, in view of the extent of the disease, in particular, of its prob-
able duration, and consequently of the magnitude of the efforts neededto support the market, it would be appropriate for such efforts to beshared by the Community and the United Kingdom;
Whereas, in most cases animals slaughtered above the age of 30
months are cull cows; whereas the most recently observed price ofcarcases of cows on the United Kingdom market was equivalent to
ECU 1 per kilogram live weight and that it is therefore appropriate to
base the purchase price on this, without prejudice to the possibility ofsubsequent adjustment in the light of developments; whereas, in similarcases the Community has contributed to the overall expenditureincurred ata rat e of 70 %; whereas a price of ECU 1 per kilogram isequal on average to a price of ECU 560 per animal; whereas it is
appropriate, in view of the large numbers of animals concerned and in
the interests of simplification, to provide a Community contribution ofECU 392 per animal;
Whereas, it is necessary to ensure that the animals concerned are killed
and destroyed in a manner which does not pose any threat to humanhealth or the health of other animals; whereas, it is therefore necessaryto specify the conditions for the destruction of these animals and of the
controls to be carried out by the United Kingdom authorities; whereas,
so as to avoid that animals to be slaughtered under this scheme mixwith animals not covered by this scheme and that mistakes as to iden-tity occur, they should be kept separately in the lairage to aslaughterhouse, as well as in the slaughterhouse itself;
Whereas, provision should be made for Commission experts to check
compliance with the conditions as specified;
Whereas the Management Committee for Beef and Veal has not deliv-
ered an opinion within the time limit set by its chairman,1996R0716 — EN — 15.04.2003 — 003.001 — 2
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 248, 14. 10. 1995, p. 39.
(3) OJ No L 78, 28. 3. 1996, p. 47.
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HAS ADOPTED THIS REGULATION:
Article 1
1. The United Kingdom competent authority shall be authorized to
purchase any bovine animal aged more than 30 months which does
not show any clinical sign of BSE, presented to it by any producer orhis agent, which was, during a period of at least ►
M6six months ◄
prior to its sale, present on a holding located on the territory of theUnited Kingdom.
2. The animals referred to in paragraph 1 shall be killed in specially
designated slaughterhouses, the heads, internal organs and carcasesshall be permanently stained. The stained material shall be transportedin sealed containers to specially authorized incineration or rendering
plants, where it shall be processed and then destroyed. No part of the
abovementioned animals may enter into the human food or animal feedchains or be used for cosmetic or pharmaceutical products. A represen-tative of the United Kingdom competent authority shall be permanentlypresent in the slaughterhouse referred to above in order to supervise theoperations in question.
Notwithstanding the first subparagraph:
— the United Kingdom competent authority may allow the on-farm
slaughter of an animal where existing animal welfare practice
would require this,
— the hides of the animals referred to in paragraph 1 do not have to
be stained or destroyed provided that they have been treated in sucha way that they can only be used for leather production.
3. The slaughterhouses referred to in paragraph 2 shall be organized
and operated in such a way as to ensure that:
— no bovine animal, the product from the slaughter of which is
intended for human or animal consumption, is present in the slaugh-
terhouse when animals are being slaughtered under this scheme,
— where it is necessary for bovine animals to be slaughtered under the
scheme to be held in lairage, they shall be kept separate frombovine animals which it is intended to slaughter for human oranimal consumption, and
— where it is necessary for products derived from animals slaughtered
under this scheme to be stored, such storage shall be separate from
any storage facility used for meat or other products destined for
human or animal consumption.
4. The United Kingdom competent authority shall:
— carry out the necessary administrative checks and effective on-the-
spot supervision of the operations referred to in paragraphs 2 and 3,
and
— control those operations on the basis of frequent and unannounced
inspections, in particular to verify that all stained material has beeneffectively destroyed;
The results of these checks and controls shall be made available to the
Commission on request.
5. If the number of animals presented for sale and subsequent
destruction exceeds the number for which there is capacity to destroyin the United Kingdom, the competent authority may limit access tothis scheme.
6. Notwithstanding paragraph 1 and subject to the necessary control,
the United Kingdom competent authority shall be authorized, beforeprocessing and destruction, to use a limited number of animals forresearch or educational purposes.1996R0716 — EN — 15.04.2003 — 003.001 — 3
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Article 2
1. The price to be paid to producers or their agents by the United
Kingdom competent authority pursuant to Article 1(1) shall be:
— EUR 0,64 per kilogram live weightfor cows,
— EUR 0,83 per kilogram live weightfor ot her animals.
2. Where it is necessary to weigh the animal concerned after
slaughter, in order to calculate what the live weight would have been,the dead weight after bleeding and removal of the hide, head, feet andviscera shall be multiplied by a coefficient of:
— 2 in the case of cows,
— 1,70 in the case of all other animals.
3. The Community shall cofinance the expenditure incurred by the
United Kingdom for the purchases referred to under Article 1(1) at a
rate of EUR 233 per head in the case of cows, and EUR 302 per head
in the case of animals other than cows, for each purchased animaldestroyed in accordance with the provisions of Article 1.
However, an advance equal to 80 % of the Community contribution
shall be paid after the animal concerned has been rendered in accor-
dance with Article 1 (2).
4. Should the purchase referred to in Article 1 (1) involve a
castrated male bovine animal, payment of the full price referred to inparagraph 1 shall be conditional on no application for a deseasonaliza-tion premium as referred to in Article 4c of Regulation (EEC) No 805/
68 having been made for the animal that was sold.
The producer or his agent shall undertake to ensure that this premium
is not sought for the animal in question.
Should this undertaking not be given, the amount of the price to be
paid in accordance with paragraph 1 for the animal in question shallbe reduced by an amount equal to the applicable amount of the desea-
sonalization premium. Should an application for this premium be
presented for this animal, the producer concerned shall be obliged torefund out of the price received for the animal an amount equal to theapplicable deseasonalization premium. In these two cases, the rate ofthe Community contribution provided for in paragraph 3 shall be
reduced by an amount equal to the applicable deseasonalization
premium.
5. The conversion rate to be applied shall be the agricultural rate
valid on the first day of the month of the purchase of the animal inquestion.
Article 3
The United Kingdom shall adopt all measures necessary to ensure
proper application of this scheme and full compliance with the provi-sions of this Regulation. It shall inform the Commission as soon aspossible of the measures which it has taken and of any amendmentsthereto.
Article 4
The United Kingdom competent authority:
(a) shall inform the Commission each Wednesday, of the number of
animals:
— purchased, and
— slaughtered
under this scheme during the previous week;1996R0716 — EN — 15.04.2003 — 003.001 — 4
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(b) shall establish a detailed report of the controls which they have
taken under the measures referred to in Article 3 and shall commu-nicate this to the Commission each quarter.
Article 5
Without prejudice to Article 9 of Council Regulation (EEC) No 729/
70 (
1), Commission experts, accompanied where appropriate by experts
from the Member States, shall carry out, in collaboration with theUnited Kingdom competent authority, on-the-spot checks to verifycompliance with all the provisions of this Regulation.
Article 6
The measures taken under this Regulation shall be considered to be
intervention measures within the meaning of Article 1 (2) of Regula-tion (EEC) No 729/70.
Article 7
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
Itshall be applicable from 29 April 1996.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1996R0716 — EN — 15.04.2003 — 003.001 — 5
(1) OJ No L 94, 28. 4. 1970, p. 13.