Commission Regulation (EC) No 2234/98 of 16 October 1998 amending Regulation (EEC) No 2814/90 laying down detailed rules for the definition of lambs fattened as heavy carcases
Date: 1998-10-16
Institutions: European Commission
Subjects: agricultural guidance, carcase, fattening, sheep, sheepmeat

L 281/6

EN

Official Journal of the European Communities

17. 10. 98

COMMISSION REGULATION (EC) No 2234/98

of 16 October 1998

amending Regulation (EEC) No 2814/90 laying down detailed rules for the def-
inition of lambs fattened as heavy carcases

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee for Sheep and Goats,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 3013/89
of 25 September 1989 on the common organisation of the
market in sheepmeat and goatmeat (1), as last amended by
Regulation (EC) No 1589/96 (2), and in particular Article
5(9) thereof,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Council Regulation (EEC) No 3901/89
of 12 December 1989 defining lambs as heavy carcases (3),
as last amended by Regulation (EC) No 1266/95 (4), and
in particular Article 1(2) thereof,

Article 2 of Regulation (EEC) No 2814/90 is replaced by
the following text:

Whereas detailed rules for definition of lambs fattened as
heavy carcases were adopted by Commission Regulation
(EEC) No 2814/90 (5), as last amended by Regulation (EC)
No 1529/96 (6);

Whereas the second subparagraph of Article 1(1) of Regu-
lation (EEC) No 3901/89 provides for the introduction of
a simplified procedure for verification of
fattening as
heavy carcases with regard to lambs belonging to a
limited number of meat breeds reared in geographically
well-defined areas; whereas to that end Regulation (EEC)
No 2814/90 should be amended to simplify the adminis-
trative verification procedure laid down while maintaining
the obligation on producers to fulfil the undertaking to
actually fatten as heavy carcases all lambs born on their
holdings; whereas that undertaking may be deemed to
have been fulfilled where a check shows that the lambs
present as a percentage of those which have been born is
above a minimum threshold determined by reference to
the breeds and areas
normal breeding practice for
concerned, and that
for a
period which allows them to fulfil the conditions on
fattening laid down in Article 1(1)(c) of Regulation (EEC)
No 3901/89; whereas control measures and penalties
ensuing from the failure to fulfil the said undertaking
should be foreseen;

the lambs have been kept

(1) OJ L 289, 7. 10. 1989, p. 1.
(2) OJ L 206, 16. 8. 1996, p. 25.
(3) OJ L 375, 23. 12. 1989, p. 4.
(4) OJ L 123, 3. 6. 1995, p. 3.
(5) OJ L 268, 29. 9. 1990, p. 35.
(6) OJ L 190, 31. 7. 1996, p. 32.

‘Article 2

Producers marketing sheep’s milk or sheep’s
1.
milk products who wish to benefit under the deroga-
tion provided for in the second subparagraph of
Article 1(1) of Regulation (EEC) No 3901/89 with
regard to lambs
in the geographical areas and
belonging to the breeds listed in the Annex hereto
shall provide an undertaking, when making their
premium application, to rear on the holding all lambs
born to ewes declared in the application and to fatten
them as heavy carcases. The undertaking shall be
considered to have been fulfilled if, except in duly
justified exceptional circumstances, the lambs on the
holding are at least 70 % of the lambs that have been
born and that they have been kept for a period of at
least 75 days after birth.

Producers fulfilling this undertaking shall receive the
premium for the heavy category referred to in Article
5(4) of Regulation (EEC) No 3013/89 in respect of all
their eligible ewes.

Producers making this undertaking shall keep an
2.
up-to-date register, which shall
include the move-
ments of lambs (numbers of animals concerned by
each entering or leaving operation) on at least the
basis of aggregate movements stating as appropriate
their origin or destination as well as the date of such
movements and, in the case of the sale or slaughter of
lambs, provide supporting documentation, such as
sales notes or slaughter certificates.

17. 10. 98

EN

Official Journal of the European Communities

L 281/7

3. Without prejudice to the requirements under the
integrated system set down in Article 6(6) of Regula-
tion (EEC) No 3887/92 the competent authority shall
carry out an on-the-spot inspection at least once a
year at the place of lambing of each of the producers
submitting applications in respect of any marketing
year. Such inspections shall include a check of the
lambs present on the holding and of those entered in
together with
the register kept by the producer
to determine
in order
supporting documentation,
whether the undertaking has been fulfilled.

In cases where the undertaking has not been fulfilled,
only the premium for the light category may be paid
for the eligible ewes.

However, where the competent authority finds that
the failure to comply with the undertaking is a result
of a false notification made deliberately or through
serious negligence, the producer concerned shall also
lose the right to the premium in accordance with
Article 5(3) of Regulation (EEC) No 3013/89 for the
marketing year in respect of which the undertaking
applies.'

Article 2

This Regulation shall enter
into force on the day
following its publication in the Official Journal of the
European Communities.

It shall apply to applications for premiums presented for
the 1999 marketing year and subsequent years.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 16 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission