Keywords

Summary



Keywords

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1. Agriculture ° Common organization of the markets ° Beef and veal ° Special premium for producers ° Transitional scheme for animals whose fattening is almost completed ° Conditions for granting the premium ° Failure to comply ° Applicability of the general system of penalties ° Failure to comply with a condition of eligibility of the animals ° Payment of the premium excluded

(Commission Regulation No 714/89, Arts 9 and 11(2))

2. Agriculture ° Common organization of the markets ° Beef and veal ° Special premium for producers ° Conditions for granting ° "Inspection" by the competent authority ° Meaning ° Verification of the documents submitted by the applicant ° Included

(Commission Regulation No 714/89, Arts 8 and 9(1))

3. Agriculture ° Common organization of the markets ° Beef and veal ° Special premium for producers ° Transitional scheme for animals whose fattening is almost completed ° Conditions for granting the premium ° Failure to comply with a condition concerning time-limit for slaughter ° Loss of the whole premium ° Principle of proportionality ° Breach ° None

(Commission Regulation No 714/89, Art. 9)

Summary

1. Article 9 of Regulation No 714/89 laying down detailed rules applying to the special premium for beef producers introduces a system of penalties applying in all cases of failure to comply with the conditions for granting the premium, and in particular where the conditions of eligibility of the animals are not complied with, irrespective of the scheme under which the premium is applied for. It follows that Article 9(1) applies to claims for special premiums made under Article 11(2) of the regulation, which introduces a transitional scheme for animals whose fattening is almost completed. The granting of a special premium under the transitional scheme is therefore precluded pursuant to Article 9(1) of the Regulation where the producer concerned does not slaughter the required number of fattened cattle or have them slaughtered within the period prescribed by Article 11(2) of the Regulation and where the difference between the number of animals declared and the number actually eligible is greater than 5%, that difference not being attributable either to natural circumstances or to force majeure within the meaning of Article 9(2) and (3).

2. For the purposes of Article 9(1) of Regulation No 714/89 "inspection" which refers to the administrative checks which national authorities may operate pursuant to Article 8 of the Regulation, includes verification of the documents submitted by the applicant for the special premium for beef producers to the competent authority as evidence that he fulfils the conditions required for the premium.

3. The loss of the whole of the special premium for beef producers in circumstances other than those referred to in Article 9(2), (3) and (4) of Regulation No 714/89, which entail only a reduction of the premium, certainly constitutes a severe penalty, but it is appropriate and necessary in order to achieve the objective of the regulation in question, namely to prevent irregularities and frauds. Accordingly, Article 9(1) of the said regulation, in so far as it provides that no premium may be paid in the event of failure, even in part, to comply with the time-limit prescribed in Article 11(2) of that regulation, is not contrary to the principle of proportionality.