Commission Regulation (EC) No 2342/1999 of 28 October 1999 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes
Date: 1999-10-28
Institutions: European Commission
Subjects: administrative formalities, agricultural guidance, beef, common organisation of markets, slaughter premium

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COMMISSION REGULATION (EC) No 2342/1999

of 28 October 1999

laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the
common organisation of the market in beef and veal as regards premium schemes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Articles 4(8), 5(5), 6(7), 7(5), 8(4),
9(4), 10(3), 11(5), 12(3), 13(5), 20, 23(3) and 50 thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1254/1999 set up a new system of
premiums to replace the system set out in Council Regu-
lation (EEC) No 805/68 (2). In order to take account of
is necessary to amend
it
the new arrangements,
Commission Regulation (EEC) No 3886/92 of 23
December 1992 laying down detailed rules for the
application of the premium schemes provided for in
Council Regulation (EEC) No 805/68 on the common
organisation of the market in beef and repealing Regula-
tions (EEC) No 1244/82 and (EEC) No 714/89 (3), as last
amended by Regulation (EC) No 1410/1999 (4) and, on
the occasion of the amendment, Regulation (EEC) No
in the interests of clarity;
3886/92 should be recast,

the premium and other payment schemes referred to in
Articles 3 to 25 of Regulation (EC) No 1254/1999
should fall within the scope of Council Regulation (EEC)
No 3508/92 of 27 November 1992 establishing an
integrated administration and control system for certain
Community aid schemes (5)
(hereinafter referred to as
‘the integrated system’), as last amended by Regulation
(EC) No 1036/1999 (6). As a result,
this Regulation
should be restricted to the horizontal regulation of
outstanding matters within the framework of the said
integrated system;

the objectives of the regional ceiling and of the stocking
density dictate that the special premium may no longer
be applied for in respect of the same age bracket for
those animals affected by application of these two meas-
ures. For the purposes of the deseasonalisation premium,
these animals should be deemed to have qualified for the
special premium;

(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.

Article 4(3)(b) of Regulation (EC) No 1254/1999 lays
down that each male bovine animal should be covered,
until slaughter or until export, by an animal passport
within the meaning of Council Regulation (EC) No 820/
97 of 21 April 1997 establishing a system for the
identification and registration of bovine animals and
regarding the labelling of beef and beef products (7) or
an equivalent administrative document. Provision should
be made for the administrative document to be drawn
up and issued at national level. In order to take account
of particular administrative and control conditions in the
Member States, different forms of administrative docu-
ment should be allowed;

Article 4(3) of Regulation (EC) No 1254/1999 lays
down a retention period as a condition for granting the
special premium. It is therefore necessary to define and
quantify that period;

the arrangements for granting the special premium at
the time of slaughter should be consistent with the
arrangements for granting the slaughter premium. The
types of documents which are to accompany the animal
until slaughter, dispatch or export should be specified. In
order to take account of the specific features of the form
of granting at the time of slaughter, the age conditions
for steers and the method of presentation of the carcase
for adult bovine animals should be laid down;

for

conditions

the
the deseasonalisation
granting
premium should be laid down, in accordance with the
arrangements for granting the slaughter premium. The
task of determining, on the basis of available informa-
tion, which Member States meet
the conditions for
applying this premium scheme should be performed by
a Commission decision;

the concept of suckler cow should be defined in accord-
ance with Article 6(7) of Regulation (EC) No 1254/
1999. In this respect, the same breeds should be kept as
those under
the
administrative rules which applied under the old scheme
may in their essentials continue to be applied, in par-
ticular as regards the average milk yield and the addi-
tional national premium;

scheme. Moreover,

the previous

(5)

(6)

(7)

(8)

(7) OJ L 117, 7.5.1997, p. 1.

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with a view to implementing the system of individual
ceilings, the rules governing the determination of those
ceilings and their communication to the producers
should be laid down. In order to strengthen the regu-
lating effect which that system will have on the market,
provision should be made for premium rights not used
by their holder during a specific period to revert to the
national reserve. Appropriate measures should also be
taken to ensure that rights granted free of charge from
the national reserve are used by the beneficiaries solely
for the intended purposes;

which may be transferred or leased. Such rules should
also prevent infringement of the undertaking provided
for in Article 8(1) of Regulation (EC) No 1254/1999 to
surrender, each time that rights are transferred without
transfer of the holding, a certain percentage of such
transferred rights to the national reserve. Moreover,
provision should be made for this temporary leasing to
be limited in time so as to avoid abuse of the transfer
rules;

(9)

(10)

rights

the mobilisation of these rights should be encouraged, as
should their allocation to producers who will benefit
from them. To this end, a minimum percentage of use
to the premium should be fixed. This
of
percentage needs to be sufficient to avoid underutilisa-
tion of the rights available in certain Member States,
which might give rise to problems for priority producers
applying for rights through the national reserve. Member
States
should therefore be authorised to raise the
minimum percentage of use of rights, which should not,
however, exceed 90 %;

(11) Articles 22 and 23 of Council Regulation (EC) No 1257/
1999 of 17 May 1999 on support for rural development
from the European Agricultural Guidance and Guarantee
Fund (EAGGF) and amending and repealing certain regu-
lations (1) establish extensification programmes. Provi-
sion should be made for the suspension, during the
entire period of participation in the above programmes,
of the use of rights to the suckler cow premium released
in this way. The use of
the rights released should,
however, be authorised by way of exception to meet the
needs for rights to the premium as part of other agri-
environmental measures. One of the objectives of the
early retirement scheme laid down by Article 10 of that
Regulation is to encourage the replacement of elderly
farmers by farmers able to improve the economic viab-
ility of
the remaining agricultural holdings. There is
reason to fear that certain farmers will not take part in
the early retirement programmes if this is likely to lead,
in the long term,
their suckler cow
to the loss of
premium rights. Member States should therefore be able
to provide for an extension of the total duration of
temporary leasing on the basis of those programmes;

(13)

provision should be made to allow flexibility in meeting
the administrative deadline for the transfer of rights
where the producer can prove that he has inherited
rights from a deceased producer;

(14)

(15)

the special case where a producer uses only publicly or
collectively owned land for grazing and transfers all his
thus ceasing production,
rights
to the transfer of a
should be deemed equivalent
holding;

to another

farmer,

transfer of

transfers of rights without

application of an administrative system of transfers in
which all
the
holdings and temporary leasing of rights are conducted
solely via the national reserve necessitates the establish-
ment of a legal
framework designed to preserve
economic consistency with the system of direct transfers
between producers. Objective criteria should be estab-
lished for the determination of the sum to be paid by
the national reserve to the producer who has transferred
his rights and the sum to be paid by the producer who
receives equivalent rights from the national reserve;

(16) Article 10 of Regulation (EC) No 1254/1999 lays down,
for Member States complying with the conditions in that
Article, a special optional
scheme to manage the
granting of the suckler-cow premium for heifers. The
task of determining, on the basis of available informa-
tion, which Member States meet
the conditions for
applying this special scheme should be performed by a
for
Commission decision. The special arrangements
granting the premium should be specified. In accordance
with the overall objective of the suckler-cow premium,
this premium should be paid to farmers whose herd of
heifers is intended to restock cow herds and not for the
production of heifers for slaughter. To this end Member
States should lay down criteria, which may include in
particular an age limit and/or breed requirements;

(12)

the uniform implementation of the provisions relating to
the transfer and temporary leasing of rights entails the
laying-down of certain administrative rules. In order to
avoid excessive administrative work, Member States
should be permitted to fix a minimum number of rights

(1) OJ L 160, 26.6.1999, p. 80.

(17)

the method for calculating the stocking density should
be determined. In order to simplify practical application
of the stocking density, a date should be laid down for
taking the milk reference quantity into consideration;

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(18)

(19)

the extensification payment should be conditional on
compliance with one, or at most two, stocking densities,
at the Member State's choice. The stocking density for
the extensification payment scheme should include all
bovine animals aged six months and over present on the
holding. Special rules are therefore required for counting
animals and for the producer's statement of participation
in the scheme. Management of this scheme may be
greatly facilitated by using the computerised database
referred to in Regulation (EC) No 820/97. Provision
should therefore be made for using that database, on
condition that it offers, to the satisfaction of the Member
State, adequate assurances as to the accuracy of the data
it contains
the extensification
payment scheme;

the purposes of

for

there is a risk that some producers may comply artifi-
cially with the average stocking rates required for the
grant of the extensification payment, owing in particular
to abnormally low stocking rates during part of the year.
Steps should be taken to ensure that the extensification
payment is not granted to such producers. To this end it
should be specified, for the sake of clarification, that this
situation falls within the scope of Article 7 of Council
Regulation (EC) No 1259/1999 of 17 May 1999 estab-
lishing common rules for direct support schemes under
the common agricultural policy (1) and that Member
States should therefore take all the necessary measures
to apply that Article within the framework of the exten-
sification payment scheme;

(23)

(24)

which are expressed in terms of months by one or more
days. Specific provisions should therefore be laid down
on this matter;

applications should normally be submitted in respect of
the slaughter premium. In the interests of simplification,
the ‘livestock’ aid application provided for in the in-
tegrated system should be taken to represent such an
application, provided that it contains all the elements
needed to justify payment of the premium and that the
animal is slaughtered in the same Member State or in
another Member State, or exported;

pursuant to Regulation (EC) No 820/97, Member States
should have a fully operational computerised database
from 31 December 1999. It should be possible to use
that database to facilitate the management of
the
slaughter premium, on condition that the Member State
considers that the database offers adequate assurances as
to the accuracy of the data it contains for the purposes
of the payment of premiums;

(25)

the slaughter premium for calves is conditional on a
maximum weight
limit. A standard type of carcase
presentation should therefore be laid down, to which
this maximum weight applies;

(20)

for the purposes of simplification in respect of the most
extensive stockfarming enterprises,
it would appear
desirable to provide for an optional simplified scheme
for the grant of the extensification payment;

(26) Article 11(1) of Regulation (EC) No 1254/1999 lays
down a retention period as a condition for granting the
slaughter premium. It is therefore necessary to define
and quantify that period;

(21) Article 13(4) of Regulation (EC) No 1254/1999 lays
down, for Member States complying with the conditions
in that Article, a special scheme for granting the exten-
sification payment to dairy cows. The procedure for
determining, on the basis of available information,
which Member States meet the conditions for applying
this special scheme should be laid down. The special
arrangements for granting the premium should be speci-
fied. For the sake of consistency with the general extensi-
fication payment scheme, and in order to establish the
precise number of dairy cows eligible for the payment, a
minimum retention period should be laid down for
dairy cows;

(22)

the application of certain provisions of Regulation (EEC,
Euratom) No 1182/71 of the Council of 3 June 1971
determining the rules applicable to periods, dates and
time limits (2) would artificially extend retention periods

(1) OJ L 160, 26.6.1999, p. 113.
(2) OJ L 124, 8.6.1971, p. 1.

(27)

detailed information on the national rules on, and imple-
mentation of,
additional payments must be
forwarded to the Commission;

the

(28)

(29)

to ensure that farmers receive payments as quickly as
possible, provision should be made
for granting
advances. However,
in view of the application of the
national or regional ceilings, steps should be taken to
ensure that the advance does not exceed the definitive
payment. Provision should therefore be made to allow
Member States to reduce the percentage of the advance
for the premium schemes subject to those ceilings;

Regulation (EC) No 1254/1999 lays down penalties for
the illegal use or holding of substances or products not
authorised by the relevant veterinary legislation. In the
case of repeated infringements, determination of
the
duration of penalties should be left
to the Member
States, which are better placed to judge the true gravity
of the offence committed;

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(30)

(31)

(32)

(33)

(34)

the special premium and suckler cow premium schemes
are based on the calendar year as the period of reference.
It is necessary to fix the date determining the elements
to be taken into consideration for the application of the
said schemes. In order to ensure sound and consistent
administration, the date of the submission of applica-
tions should, as a general rule, be chosen. However, with
respect to the special premium paid on slaughter, special
rules must be laid down in order to avoid carry-overs
from one year to the next with a view to obtaining a
higher premium. As regards the slaughter premium, the
date of slaughter or of export is a better indication of
whether the operations concerned have actually been
carried out;

the exchange rate on the date of the operative event for
the aids, premiums and amounts referred to in Article 5
of Council Regulation (EC) No 2799/98 of 15 December
1998 establishing agrimonetary arrangements for the
euro (1) is defined as the rate on a given day. The rate
applicable on the date of the operative event should be
fixed in such a way as to ensure in principle that such
aids, premiums and amounts do not undergo any sharp
fluctuations on conversion into national currency due to
the exchange rate on a single date. To this end, the best
solution appears to be an average of the exchange rates
applicable during the month preceding the allocation
year, calculated pro rata temporis;

for the purposes of monitoring the measures taken
under the reform of the premium schemes in the beef
and veal sector,
the Commission needs to be fully
informed of the implementing measures taken by the
Member States and the quantitative results of
the
application of the said schemes. Provision should there-
fore be made for the Member States to be subject to
certain notification obligations. To facilitate the trans-
mission and analysis of the data, a consistent format for
submitting that data should be laid down;

in order to facilitate the change to the new scheme,
transitional provisions are needed for the notification
rules and the obligation to mark and identify animals;

the measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SPECIAL PREMIUM

(Article 4 of Regulation (EC) No 1254/1999)

S e c t i o n 1

General arrangements

Article 2

Applications

In addition to the requirements introduced as part of the
1.
integrated system of management and control provided for in
Regulation (EEC) No 3508/92 (hereinafter referred to as ‘the
integrated system’), each ‘livestock’ aid application as referred
to in Article 6(8) thereof (hereinafter referred to as ‘application’)
shall contain:

(a) a breakdown of the number of animals by age bracket;

(b) a reference to the passports or administrative documents
accompanying the animals which are the subject of the
application.

2.
Applications may be submitted in respect only of animals
which on the date of commencement of the retention period
are:

(a) in the case of bulls, not less than seven months old,

or

(b) in the case of steers, not less than seven months nor more
than 19 months old in the case of the first age bracket, or
at least 20 months old in the case of the second age
bracket.

Article 3

Grant of premium

the application of

Animals which have not qualified for the premium either on
account of
reduction
referred to in Article 4(4) of Regulation (EC) No 1254/1999 or
of application of the stocking density referred to in Article 12
of that Regulation may no longer be the subject of an applica-
tion for the same age bracket and shall be considered to have
been the subject of payment of the premium.

the proportional

Article 1

Article 4

Passports and administrative documents

This Regulation lays down the detailed rules for the application
of the premium schemes and other payment schemes laid
down in Articles 3 to 25 of Regulation (EC) No 1254/1999.

(1) OJ L 349, 24.12.1998, p. 1.

1. Where, under the conditions laid down in Article 6 of
Regulation (EC) No 820/97, the passport is not available, it
shall be replaced by a national administrative document as
provided for in Article 4(3)(b) of Regulation (EC) No 1254/
1999.

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The competent authorities of

the Member State shall
2.
ensure that such passports or administrative documents ensure
that only one premium is granted per animal and per age
bracket.

Member States shall assist one another, as necessary, to this
end.

3. Member States may provide that the national adminis-
trative document shall take the form of:

(a) a document accompanying each individual animal;

(b) a comprehensive list, held by the producer, containing all
the information required for the administrative document,
on condition that the animals concerned remain, from the
date on which the first application is made, with the same
producer until
for the
purpose of being slaughtered;

they are placed on the market

(c) a comprehensive list, held by the central authorities,
containing all the information required for the adminis-
trative document, on condition that the Member State or
region of a Member State availing itself of this possibility
carries out on-the-spot checks on all the animals covered
by an application, checks the movements of those animals
and makes a distinctive mark on each animal checked
which the producers shall be required to permit;

(d) a comprehensive list, held by the central authorities,
containing all the information required for the adminis-
trative document, on condition that the Member State takes
the measures necessary to ensure that the premium is not
granted twice for the same age bracket and provides infor-
im-
mation as to the premium status of each animal
mediately upon request.

Member States which decide to avail themselves of one or
more of these possibilities shall notify the Commission thereof
in due time and forward to it the relevant implementing provi-
sions.

For the purposes of point (c), Great Britain and Northern
Ireland alone shall be considered to be regions of a Member
State.

Article 5

Retention period

The duration of the retention period shall be two months,
starting on the day following that on which the application is
submitted.

However, Member States may provide that other starting dates
may be set by the producer on condition that they do not fall
more than two months after the day on which the application
is submitted.

Article 6

Regional ceiling

1. Where the application of the proportional reduction gives
a number of eligible animals which is less than a whole
number, there shall be granted in respect of the decimal part a

corresponding fraction of the unit amount of the premium. For
this purpose, account shall be taken of the first decimal place
only.

2. Where Member States decide to introduce different
regions or modify the existing regions within their territory,
within the meaning of Article 3(c) of Regulation (EC) No
1254/1999,
their
decision before 1 January of the year concerned, giving a
definition of the region and the ceiling set. Any subsequent
change shall be notified to the Commission before 1 January of
the year concerned.

inform the Commission of

they shall

Article 7

Limits on the number of animals per holding

1. Where Member States decide to change the limit of 90
head of cattle per holding and per age bracket or to derogate
from it, they shall inform the Commission before I January of
the calendar year concerned.

Where, moreover, Member States fix a minimum number of
animals per holding, below which the proportional reduction
will not be applied, they shall inform the Commission before 1
January of the calendar year concerned.

2.
Any subsequent change in the application of paragraph 1
shall be notified to the Commission before I January ofthe year
concerned.

S e c t i o n 2

Grant of the premium at the time of slaughter

Article 8

Form of granting

1. Member States may grant the special premium at the time
of slaughter, in the case of bulls for the single age bracket, and
in the case of steers for the first or second age bracket or by
combining the granting of the premiums for the two age
brackets.

2. Member States which decide to apply the system
provided for in paragraph 1 shall provide that the premium is
also to be granted when eligible animals are being dispatched
to another Member State or being exported to a third country.

3. Where the system referred to in paragraphs 1 and 2 is
applied, the grant of the premium shall be subject to compli-
ance with the provisions in this section and of Articles 34 and
35(1) and (2) applied mutatis mutandis.

4.
As well as containing the information referred to in
Article 35(1), aid applications shall indicate whether the animal
is a bull or a steer, and shall be accompanied by a document
containing the details required for the purposes of Article 4(2).
This document shall be, at the choice of the Member State:

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(a) the passport or a copy of the passport where the type used

Article 9

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 Regu-
lation (EC) No 820/97; in this case the Member State shall
take steps to ensure that the information contained in the
copy corresponds to the original;

or

(c) the national administrative document where the passport is
not available, under the conditions laid down in Article 6
of Regulation (EC) No 820/97.

However, Member States may suspend the application of the
national administrative document. In that case they shall take
the measures necessary to ensure that the premium is not
granted twice for the same age bracket for animals which have
been the subject of intra-Community trade.

In the case of Member States having a computerised database
as referred to in Article 3(b) of Regulation (EC) No 820/97
which contains, to the satisfaction of the Member State, the
information necessary to ensure that one premium only is
granted for each animal and each age bracket, the aid applica-
tion need not be accompanied by the document referred to in
the first subparagraph.

In addition, and by way of derogation from the first subpara-
graph, where Member States apply the option referred to in the
first subparagraph of Article 35(2), they shall take the measures
necessary to ensure that
the producer can determine the
animals for which he is requesting a special premium.

In the case of bulls, proof of slaughter shall specify the

5.
carcase weight.

6. Where the animal is dispatched, proof of dispatch shall
be provided by means of a statement by the consignor indic-
ating 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
territory of the Member State concerned and proof of dispatch
shall be submitted within three months of the animals leaving
the territory of the Member State concerned.

Details of the grant system

By way of derogation from Article 5, the premium shall
1.
be paid to producers who have kept animals for a minimum
retention period of two months ending less than one month
before slaughter, consignment or 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 has kept the animal for a period of not
less than two months between the time when the animal
was not less than seven months old and the time when it
was less than 22 months old;

(b) the premium in respect of the second age bracket may be
paid only if the producer has kept the animal aged not less
than 20 months for a period of not less than two months;

(c) the premiums in respect of the two age brackets may be
paid together only if the producer has kept the animal for
not less than four consecutive months in compliance with
the age requirements laid down in points (a) and (b);

(d) the premium in respect of the second age bracket only may
be paid if the animal was dispatched from another Member
State when it had reached 19 months.

2.
In the context of calculating the stocking density referred
to in Article 12 of Regulation (EC) No 1254/1999, each animal
which is the subject of a combined application for the two age
brackets shall be taken into consideration twice.

3.
The carcase weight shall be established on the basis of a
carcase which meets the requirements set out in Article 2 of
Council Regulation (EEC) No 1208/81 (1).

Where the carcase presentation differs from this definition, the
corrective factors shown in the Annex to Commission Regula-
tion (EEC) No 563/82 (2) shall apply.

Where slaughter takes place in a slaughterhouse which is not
subject to the application of the Community grading scale for
carcases of adult bovine animals, Member States may permit
the weight to be established on the basis of the live weight of
the slaughtered animal. In such cases the carcase weight shall
be considered to be equal to or greater than 185 kilograms if
the live weight of the slaughtered animal was equal to or
greater than 340 kilograms.

Article 10

Notification

Member States shall notify the Commission before the start of
the calendar year concerned of their decision to apply the
system of granting premiums referred to in this section and the
relevant procedures.

(1) OJ L 123, 7.5.1981, p. 3.
(2) OJ L 67, 11.3.1982, p. 23.

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CHAPTER II

meat breed as referred to in Articles 3(f) and 10(2) of Regula-
tion (EC) No 1254/1999.

DESEASONALISATION PREMIUM

(Article 5 of Regulation (EC) No 1254/1999)

Article 11

Application of the premium

The Commission shall decide, by 1 August at the latest of each
calendar year, in which Member States the deseasonalisation
premium may be granted for the following calendar year.

Member States shall inform the Commission by 1 January of
the calendar year in which the premium is granted should they
decide to apply Article 5(3) of Regulation (EC) No 1254/1999.

Article 12

Entitlement to the premium

1.
The premium may be granted in respect only of steers
which have already received the special premium, or are
considered to have received the special premium pursuant to
Article 3,
in a Member State applying the deseasonalisation
premium and which are slaughtered in a Member State
applying the deseasonalisation premium.

The premium may be granted only to the producer who

2.
last held the animal prior to slaughter.

Article 13

Applications

The producer

1.
an application to the
submit
competent authority of the Member State in whose territory
the holding is situated.

shall

The application shall be drawn up in accordance with

2.
Articles 8(4) and 35, applied mutatis mutandis.

Member States shall take the measures necessary to verify that
the special premium has been granted and shall carry out
regular, unannounced checks on the accuracy of the certificates
referred to in Article 35.

CHAPTER III

SUCKLER COW PREMIUM

(Articles 6 to 10 of Regulation (EC) No 1254/1999)

S e c t i o n 1

General arrangements

Article 14

Cows belonging to a meat breed

Article 15

Maximum individual reference quantity

1. Where Member States decide to change the maximum
individual reference quantity of 120 000 kilograms referred to
in Article 6(2)(b) of Regulation (EC) No 1254/1999 or to
derogate from it, they shall inform the Commission before 1
January of the calendar year concerned.

2.
Any subsequent change in the application of paragraph 1
shall be notified to the Commission before 1 January of the
year concerned.

Article 16

Retention period

The six-month retention period referred to in Article 6(2) of
Regulation (EC) No 1254/1999 shall start on the day following
that on which the application is submitted.

Article 17

Applications

In addition to the requirements introduced as part of the
1.
integrated system, where an application is made for
the
premium pursuant to Article 6(2)(b) of Regulation (EC) No
1254/1999, the ‘livestock’ aid application or, at the choice of
the Member State, the ‘area’ aid application referred to in
Article 6(1) of Regulation (EC) No 3508/92 (hereinafter
referred to as ‘application’) shall contain:

(a) a statement setting out the individual reference quantity of
milk allocated to the producer on 31 March preceding the
beginning of the 12-month period of application of the
additional
levy scheme starting in the calendar year
concerned; where this quantity is unknown on the date on
which the application is submitted, it shall be notified to
the competent authority at the earliest opportunity; and

(b) an undertaking by the producer not to increase his indi-
vidual reference quantity above the quantitative limit laid
down in Article 6(2)(b) of Regulation (EC) No 1254/1999
during the 12-month period starting on the date on which
the application is submitted.

However, point (b) shall not apply if the Member State has
abolished the quantitative limit.

Applications shall be submitted within an overall period
2.
of six months during a calendar year, to be determined by the
Member State.

Cows belonging to the bovine breeds set out in Annex I to this
Regulation shall not be considered to be cows belonging to a

Member States may provide for separate periods for submitting
applications within this overall period.

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Article 18

Average milk yield

The average milk yield shall be calculated on the basis of the
average yields set out in Annex II. However, for this calcula-
tion, Member States may use a document recognised by them
certifying the producer's dairy herd's average yield.

Article 19

Additional national premium

1.
An additional national premium may be granted only to
a producer who, in respect of the same calendar year, receives
the suckler cow premium.

It shall be granted only within the limit of the number of
if appropriate after
animals qualifying for
application of the proportional reduction laid down in the
third subparagraph of Article 10(1) of Regulation (EC) No
1254/1999.

this premium,

2. Member States may lay down additional conditions for
the grant of the additional premium. They shall
inform the
Commission thereof in good time before these conditions are
brought into effect.

The Commission shall decide by 1 August at the latest of
3.
each calendar year which Member States fulfil the conditions
laid down in the third subparagraph of Article 6(5) of Regula-
tion (EC) No 1254/1999.

S e c t i o n 2

Ceilings, reserves, transfers

Article 20

Individual ceiling

1. Member States shall determine an individual ceiling per
producer under the conditions laid down in Article 7(1), (2)
and (3) of Regulation (EC) No 1254/1999.

2.
Each producer shall be informed of the amount of his
individual ceiling as soon as possible and at the latest one week
before the start of the period for submitting applications in
respect of 2000.

Article 21

Notification

1. Member States shall notify the Commission by 1 March
2000 at the latest of the procedures used to implement the
reduction of individual ceilings in accordance with Article 7(3)
of Regulation (EC) No 1254/1999, as well as the total number
of rights granted to producers and the number of rights al-
located to the reserve.

2. Member States shall notify the Commission by 1 March
2000 at the latest of the method of calculating the reduction in
accordance with the second subparagraph of Article 8(1) of

Regulation (EC) No 1254/1999 and where applicable of the
measures taken under Article 8(2)(a) and, before 1 January each
year, of any amendments.

3.
Using the table set out in Annex IV, Member States shall
notify the Commission at the latest by 1 March, provisionally,
and by 31 July, definitively, for each calendar year of:

(a) the number of premium rights returned without com-
pensatory payment to the national reserve following trans-
transfers of holdings during the
fers of rights without
preceding calendar year;

(b) the number of unused premium rights as referred to in
Article 23(2) transferred to the national reserve during the
preceding calendar year,

(c) the number of rights granted under Article 9(3) of Regula-
tion (EC) No 1254/1999 during the preceding calendar
year.

Article 22

Rights obtained free of charge

Except in duly justified exceptional cases, where a producer has
obtained premium rights free of charge from the national
reserve he shall not be authorised to transfer and/or tempor-
arily lease his rights during the three following calendar years

Article 23

Use of rights

1.
A producer holding rights may make use of them by
availing himself of those rights and/or leasing those rights to
another producer.

2. Where a producer has not made use of at least the
minimum percentage of his rights, fixed in accordance with
paragraph 4, during each calendar year, the part not used shall
be transferred to the national reserve, except:

— in the case of a producer holding a maximum of seven
premium rights, where this producer has not made use of
the minimum percentage of his rights, fixed it accordance
with paragraph 4, during each of two consecutive calendar
years, the part not used during the last calendar year shall
be transferred to the national reserve,

— in the case of a producer participating in an extensification

programme recognised by the Commission,

— in the case of a producer participating in an early retire-
ment scheme recognised by the Commission in which the
transfer and/or temporary leasing of rights is not obliga-
tory,

or

— in exceptional and duly justified cases.

3.
Temporary leasing shall be only in respect of whole
calendar years and shall involve at least the minimum number
of animals provided for in Article 24(1). At the end of each
period of
temporary leasing, which may not exceed three
consecutive years, a producer shall, except in the event of a

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transfer of rights, recover all his rights for himself, for at least
two consecutive calendar years. If the producer does not avail
himself of at least the minimum percentage of his rights, fixed
in accordance with paragraph 4, during each of the two years,
the Member State shall, except in exceptional and duly justified
cases, withdraw and return annually to the national reserve that
part of the rights not used by the producer.

However, in the case of producers participating in early retire-
ment schemes recognised by the Commission, Member States
may provide for the total duration of the temporary leasing on
the basis of such schemes to be increased.

Producers who have undertaken to participate in an extensifica-
tion programme in accordance with the measure referred to in
Article 2(1)(c) of Council Regulation (EEC) No 2078/92 (1) or
in an extensification programme in accordance with Articles
22 and 23 of Regulation (EC) No 1257/1999 shall not be
authorised to temporarily lease and/or to transfer their rights
throughout
this
provision shall not apply in cases where the programme
permits the transfer and/or temporary leasing of rights to
producers whose participation in the measures other than
those referred to in this subparagraph requires the acquisition
of rights.

that participation. However,

the period of

The minimum percentage of use of rights to the premium

4.
shall be 70 %.

However, the Member States may raise this percentage to 90 %.

The Member States shall inform the Commission in advance of
the percentage that they intend to apply.

Article 24

Transfer of rights and temporary leasing

1. Member States may lay down, on the basis of
their
production structures, a minimum number of premium rights
which may be the subject of a partial transfer not involving the
transfer of a holding. This minimum may not exceed five
premium rights.

2.
Transfers of premium rights and temporary leasing of
such rights shall be effective only after they have been notified
jointly to the competent authorities of the Member State by the
producer transferring and/or leasing the rights and by the
producer receiving the rights.

Such notification shall take place within a deadline set by the
Member State and not
later than the date on which the
producer receiving the rights submits his premium application,
except in those cases where the transfer of rights takes effect
through an inheritance. In that case, the producer who receives
the rights shall be in a position to furnish appropriate legal
documents to prove that he or she is the beneficiary of the
deceased producer.

(1) OJ L 215, 30.7.1992, p. 85.

Article 25

Change of individual ceiling

In the case of transfers or temporary leasing of premium rights,
Member States shall set the new individual ceiling and shall
notify the producers concerned of the number of premium
rights to which they are entitled not later than 60 days from
the last day of the period during which the producer submitted
his application.

The first paragraph shall not apply in the case where the
transfer takes effect through an inheritance.

Article 26

Producers who do not own the land that they farm

Producers farming only public land or collectively owned land
who decide to discontinue the farming of such land and to
transfer all their rights to another producer shall be treated in
the same way as producers selling or transferring their hold-
ings. In all other cases such producers shall be treated in the
same way as producers transferring their premium rights only.

Article 27

Transfer through the national reserve

Where Member States provide that
the transfer of rights
without transfer of the holding is to take place through the
national reserve in accordance with Article 8(2)(b) of Regula-
tion (EC) No 1254/1999, they shall apply national provisions
analogous to those set out in Articles 23 to 26. In addition, in
this event:
— Member States may provide that temporary leasing is to

take place through the national reserve;

— when premium rights are transferred, or temporarily leased
in cases where the first indent is applied, transfers to the
reserve shall be effective only after they have been notified
by the competent authorities of the Member State to the
producer transferring and/or leasing the rights, and trans-
fers from the reserve to another producer 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 rights other
than the part referred to in the second subparagraph of Article
8(1) of Regulation (EC) No 1254/1999 corresponding to that
which would have resulted from a direct transfer between
producers, account being taken in particular of the trend of
production in the Member State concerned. This payment shall
be equal to the payment which will be claimed from producers
receiving equivalent rights from the national reserve.

Article 28

Partial rights

1. Where calculations to be made pursuant to the provisions
of
this Section produce numbers which are not whole
numbers, only the first decimal place shall be taken into
account.

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this Section
2. Where application of
results in partial premium rights, either for producers or the
national reserve, these partial rights shall be added up.

the provisions of

CHAPTER IV

3. Where a producer holds a partial right, this partial right
shall only confer entitlement to the corresponding fraction of
the unit amount of the premium and, where applicable, of the
additional national premium referred to in Article 19 and of
the extensification payment referred to in Article 32.

Article 29

Special scheme for heifers

The Commission shall decide, by 1 November 1999 at
1.
the latest, which Member States meet the conditions laid down
in Article 10(1) of Regulation (EC) No 1254/1999.

The Member States concerned shall inform the Commission,
before 1 January 2000, whether or not they intend to apply the
scheme laid down in Article 10 of Regulation (EC) No 1254/
1999 (hereinafter referred to as ‘the special scheme’) and where
applicable shall communicate the specific national ceiling that
they have determined. Any subsequent modification shall be
notified to the Commission before 1 January of
the year
concerned.

2. Member States applying the special scheme shall
lay
down criteria to ensure that the premium is paid to farmers
whose herd of heifers is intended to restock cow herds. These
criteria may include in particular an age limit and/or breed
requirements.

Member States shall inform the Commission before 1 January
of the year concerned of the criteria adopted. Any subsequent
modification shall be notified to the Commission before 1
January of the year concerned.

3. Where the application of
the proportional reduction
referred to in the third subparagraph of Article 10(1) of Regu-
lation (EC) No 1254/1999 gives a number of eligible animals
which is less than a whole number, there shall be granted in
respect of the decimal part a corresponding fraction of the unit
amount of the premium and, where applicable, of the addi-
tional national premium referred to in Article 19 and of the
extensification payment referred to in Article 32. For this
purpose account shall be taken of the first decimal place only.

4.
the
In Member States applying the special scheme,
requirement laid down in Article 6(2) of Regulation (EC) No
1254/1999 concerning the minimum number of animals to be
held shall be met in full either by Buckler cows if the producer
has lodged an application for Buckler cows or by heifers if the
producer has lodged an application for heifers.

The provisions of Articles 20 to 28 shall not apply within

5.
this special scheme.

PROVISIONS COMMON TO THE SPECIAL PREMIUM AND THE
SUCKLER COW PREMIUM

Article 30

Applications

1. Member States may, for administrative reasons, provide
that applications shall be for a minimum number of animals,
providing that this number does not exceed three.

2. Without prejudice to Articles 17(2) and 32(7), Member
States may determine the periods and dates for submission of
premium applications and the number of applications that
producers may submit per premium scheme and calendar year.

Article 31

Stocking density

For each producer who, in respect of the same calendar

1.
year, submits
— the ‘area’ aid application referred to in Article 6(1) of

Regulation (EEC) No 3508/92, and

— at least one application for a special premium or a suckler

cow premium,

the competent authorities shall establish the number of LUs
(livestock units) corresponding to the number of animals for
which a special premium or suckler cow premium may be
granted, taking account of the forage area of his holding.

2.
In establishing the stocking density referred to in Article
12 of Regulation (EC) No 1254/1999, the following procedure
shall apply:

(a) account shall be taken of the individual reference quantity
of milk allocated to the producer on 31 March preceding
the beginning of the period of 12 months of application of
the additional levy scheme beginning in the calendar year
concerned;

(b) the number of dairy cows needed to produce this reference
quantity shall be calculated in accordance with Article 18
of this Regulation.

In determining the number of animals eligible for a

3.
premium:

(a) the number of hectares determined in accordance with the
rules laid down in the integrated system shall be multiplied
by the stocking density referred to in Article 12 of Regula-
tion (EC) No 1254/1999;

(b) the number of LUs corresponding to the number of dairy
cows needed to produce the reference quantity of milk
allocated to the producer shall be deducted from the figure
thus obtained;

(c) the number of LUs corresponding to the number of sheep
and/or goats for which a premium application is submitted
shall be deducted from the figure thus obtained.

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figure thus obtained shall correspond to the
The final
maximum number of LUs for which the special premium and
the Buckler cow premium may be granted.

4.
The Member States shall inform each producer concerned
of the stocking density established for him and of the resultant
number of LUs for which a premium may be granted.

Article 32

Extensification payment

To qualify for the extensification payment, producers
1.
must indicate on the ‘area’ aid application that they wish to
participate in the extensification payment scheme.

Animals which are considered to have received the
2.
special premium within the meaning of Article 3 shall not
qualify for the extensification payment.

3.
In order to check that the total number of animals calcu-
lated in accordance with Article 13(3)(a) of Regulation (EC) No
1254/1999 meets the stocking density requirements) laid down
in Article 13(2) of that Regulation, Member States shall deter-
mine each year at least five census dates for the animals and
shall

inform the Commission thereof.

Except in those cases where Member States decide that the
census dates may be any day of the year;

— the census dates shall be distributed at random in such a
the entire year, being

way as to be representative of
changed annually,

and

— each census date shall be determined a posteriori and shall
be notified to the producer at the earliest two weeks after it
has been determined.

On these dates the animals shall be counted in accordance with
one of the following methods, at the choice of the Member
State:

— Member States shall ask each pcoducer to declare, on the
basis of his farm register, prior to a date to be determined
by the Member State, the number of LUs or the number of
animals of each of the two categories of male animals
referred to in Annex III to Regulation (EC) No 1254/1999,

or

— Member States with a computerised database as referred to
in Article 3(b) of Regulation (EC) No 820/97 shall use that
database to determine the number of LUs on condition that
the database offers, to the satisfaction of the Member State,
adequate assurances as to the accuracy of
the data it
contains for the purposes of the extensification payment
scheme.

The number of LUs used to determine whether the producer is
complying with the stocking density requirements laid down in
Article 13(2) of Regulation (EC) No 1254/1999 shall be the
arithmetic average of the numbers of LUs counted on the
census dates plus the number of LUs corresponding to the
sheep and goats for which premium applications have been
submitted for the same calendar year.

However, where Member States decide that the census dates
may be any day of
the
numbers referred to in (a) and (b) shall be calculated pro rata
temporis for the period on which the animals are present on the
holding.

they may provide that

the year,

Member States shall
take the measures necessary to apply
Article 7 of Regulation (EC) No 1259/1999 in the case of
producers who, by means of abnormally low stocking rates
the year, artificially create the conditions
during part of
required by Article 13 of Regulation (EC) No 1254/1999.

4.
By way of derogation from paragraph 3, Member States
may give producers the option of choosing a simplified
scheme.

In that case, the producer must indicate on the ‘area’ aid
application:

(a) that he declares that he has complied each day with the
maximum stocking density Iaid down in Article 13 of
Regulation (EC) No 1254/1999 up to the date of his ‘area’
aid application,

and

(b) that he undertakes to comply each day with that stocking
density between the date of his ‘area’ aid application and 31
December.

Where the Member State has chosen to apply the second
subparagraph of Article 13(2) of Regulation (EC) No 1254/
1999, the producer shall specify on his application which of
the two maximum stocking densities he is observing. The
producer may alter
the latest before the
this choice at
announcement of an on-the-spot check on the number of his
animals.

the
The producer may notify the competent authority of
cancellation of his undertaking at
the latest before the
announcement of an on-the-spot check on the number of his
animals. In that case he shall not qualify for the extensification
payment.

The declaration and undertaking referred to in this paragraph
shall be subject to the control and penalty provisions provided
for under the integrated system.

5. Member States shall notify the Commission by 1 January
2000 of the definition of ‘pasture’ used for the purposes of
Article 13(3)(c) of Regulation (EC) No 1254/1999. Any sub-
sequent change shall be notified to the Commission before 1
January of the year concerned.

The Commission shall decide, by 1 November 1999 at
6.
the latest, which Member States meet the conditions laid down
in Article 13(4) of Regulation (EC) No 1254/1999.

For the purposes of that paragraph,
area’ means any producer:

‘producer in mountain

— whose farm is situated in a mountain area,

or

— at least 50 % of whose forage area is in a mountain area.

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7. Without prejudice to paragraph 1, producers who wish
to qualify for the extensification payment under paragraph 6
shall state on the ‘livestock’ aid application that
they are
applying for the extensification payment. They shall keep, for
at least six consecutive months starting on the date on which
the application is submitted, a number of dairy cows at least
equal to the number of dairy cows for which the extens-
ification payment has been applied for. This six-month reten-
tion period shall start on the day following that on which the
application is submitted.

Applications shall be submitted within an overall period of six
months during a calendar year,
to be determined by the
Member State.

Member States may provide for separate submission periods
within this overall period.

8.
The number of dairy cows For which the extensification
payment is granted to a producer may not exceed either of the
following two figures:

(a) the number of dairy cows needed to produce the individual
reference quantity of milk allocated to the producer on 31
March preceding the beginning of the 12-month period of
application of the additional levy scheme beginning in the
calendar year concerned; this number of cows shall be
calculated using the average milk yield defined in Annex II;

(b) the total number of cows on the holding, determined in
accordance with paragraph 3, less the number of suckler
cows corresponding to the individual ceiling.

9. Where Member States choose to apply, or to cease to
apply, the option laid down in the second subparagraph of
Article 13(2) of Regulation (EC) No 1254/1999, they shall
inform the Commission of their decision before 1 January of
the calendar year concerned.

10.
For the purpose of calculating the stocking density
pursuant to this Article, account shall be taken of the first two
decimal places only.

Article 33

Determination of retention periods

The last day of the retention periods referred to in Articles 5,
9(1), 16, 32(7) and 37 shall be the day, whether a working day
or not, preceding the day which bears the same number as the
starting day for the period.

CHAPTER V

SLAUGHTER PREMIUM

(Article 11 of Regulation (EC) No 1254/1999)

Article 34

Statement of participation

Member States may provide that in order to qualify for the
premium for a given calendar year each producer shall, before

or at the same time as making the first application for that
calendar year, submit a statement of participation.

However, where the producer makes no changes to the state-
ment of participation, the Member State may accept that the
previous statement remains valid.

Article 35

Applications

‘Livestock’ aid applications shall include the information
1.
needed for payment of the slaughter premium, in particular the
date of birth of the animal in the case of animals born after 1
January 1998.

‘Livestock’ aid applications shall be submitted within a period
to be determined by the Member State which may not exceed
six months following slaughter of the animal or, where the
animal
leaves
Community customs territory, and shall expire no later than
the end of February of the following year except in exceptional
cases to be decided by the Member State concerned where
animals are dispatched or exported.

the date on which it

is exported, after

Member States may permit applications to be submitted
through a person other than the producer. In such cases the
application shall bear the name and address of the producer
who is liable to qualify for the premium.

In addition to the requirements introduced as part of
integrated system, each application shall contain:

the

(a) in cases where the grant is made at the time of slaughter, a
certificate from the slaughterhouse or any document
produced or endorsed by the slaughterhouse containing at
least the same information, showing:

(i) the name and address of the slaughterhouse (or an

equivalent code);

(ii) the date of slaughter and the identity and slaughter

numbers of the animal;

(iii) in the case of calves, the carcase weight (save where

Article 36(4) applies);

(b) in cases where the animal is exported to a third country:

(i) the name and address of the exporter (or an equivalent

code),

(ii) the identity number of the animal,

(iii) the export declaration stating the age of the animal for
animals born after 1 January 1998 and, in the case of
the live
save where Article 36(4) applies,
calves,
weight, which may not exceed 290 kilograms;

(iv) proof that the animal has left Community customs
territory, shown in the same manner as for an export
refund.

However, Member States may provide that the information
referred to in (a) and (b) shall be forwarded via a body or
bodies approved by the Member State, which may use informa-
tion technology.

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Member States shall carry out regular, unannounced checks on
the accuracy of the certificates or documents issued and, where
appropriate, the information referred to in the fifth subpara-
graph.

shall be regarded as applications

2.
By way of derogation from paragraph 1, Member States
with a computerised database as referred to in Article 3(b) of
Regulation (EC) No 820/97 may provide that information on
the slaughter of animals forwarded to the competent authority
for
by slaughterhouses
slaughter premiums on behalf of the producers, on condition
that the database offers, to the satisfaction of the Member State,
adequate assurances as to the accuracy of the data it contains
for the purposes of the slaughter-premium scheme and, where
applicable, the payment on slaughter of the special premium
and/or the additional payments if these are paid on slaughter,
and/or the deseasonalisation premium.

However, Member States may provide that applications shall be
submitted. In such a case they may determine the type of
information that shall accompany the application.

Member States choosing to apply this paragraph shall inform
the Commission thereof before 1 January 2000. They shall
inform the Commission of any subsequent change before it is
implemented.

Member States shall ensure that the data made available to the
paying agency includes all the information needed to pay the
premium,

in particular:

(a) the types and quantities of animals as referred to in Article
11(1) of Regulation (EC) No 1254/1999 slaughtered during
the year concerned;

(b) information regarding compliance with the age limits and
carcase weight of the animals referred to in that Article and
with the retention period referred to in Article 37;

(c) where applicable, the information needed to pay the special
premium at the time of slaughter and/or the additional
payments if these are paid on slaughter, and/or the deseaso-
nalisation premium.

3.
intra-
For animals which have been the subject of
Community trade after the retention period indicated in Article
37, even if the Member State where slaughter was carried out
chose to apply the derogation laid down in paragraph 2, the
slaughterhouse shall issue the document referred to in point (a)
of the fourth subparagraph of paragraph 1.

by slaughterhouse, of the slaughter certificates (or information
in place thereof] received from the latter Member State.

Article 36

Weight and presentation of carcases

For the purposes of Article 11(1)(b) of Regulation (EC)
1.
No 1254/1999, veal carcases shall be presented after skinning,
evisceration and bleeding, without the head or the feet but with
the liver, kidneys and kidney fat.

The weight to be taken into consideration shall be the
2.
weight of the carcase after chilling, or the warm weight of the
carcase established as soon as possible after slaughter, reduced
by 2 %.

3. Where carcases are presented without the liver, kidneys
and/or kidney fat, their weight shall be increased by:

(a) 3,5 kilograms for the liver;

(b) 0,5 kilograms for the kidneys;

(c) 3,5 kilograms for the kidney fat.

4. Member States may provide that where a calf is less than
five months old at the time of slaughter or export, the weight
requirement referred to in Article 11(1)(b) of Regulation (EC)
No 1254/1999 shall be deemed to have been met.

Where the carcase weight cannot be established in the
slaughterhouse, the above weight requirement shall be deemed
to have been met if the live weight does not exceed 290
kilograms.

Article 37

Premium beneficiary

1.
The premium shall be paid to the producer who has held
the animal for a minimum retention period of two months
ending less than one month before slaughter or export.

In the case of calves slaughtered before the age of three

2.
months, the retention period shall be one month.

Article 38

National ceilings

However, where their data transfer systems are compatible, two
Member States may agree to apply the system described in
paragraph 2.

1.
The national ceilings referred to in Article 11(1) and (3)
of Regulation (EC) No 1254/1999 are shown in Annex III.

Member States shall assist one another to ensure effective
controls on the authenticity of documents submitted and/or
the accuracy of the data exchanged. To that end the Member
State where payment is made shall forward regularly to the
Member State where slaughter takes place a summary, grouped

2. Where the application of the proportional reduction gives
a number of eligible animals which is less than a whole
number, there shall be granted in respect of the decimal part a
corresponding fraction of the unit amount of the premium. For
this purpose account shall be taken of the first decimal place
only.

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CHAPTER VI

CHAPTER VII

ADDITIONAL PAYMENTS

(Articles 14 to 20 of Regulation (EC) No 1254/1999)

Article 39

National arrangements

The detailed information to be forwarded to the Commission
under Article 18 of Regulation (EC) No 1254/1999 shall
include the following:

1. headage payments (where applicable):

(a) indicative amounts per head for each category of

animal, and grant arrangements;

(b) an indicative forecast of

total expenditure for each
category of animal (specifying whether these payments
will be made in the form of a supplement
to the
slaughter premium) and of
the number of animals
concerned;

(c) specific stocking density requirements (save in the case
to the

of payments in the form of a supplement
slaughter premium);

(d) the headage limit on male bovines per holding (where

applicable),

(e) other information on the rules of application.

The categories of animal referred to in points (a) and (b) are:
bulls, steers, suckler cows, dairy cows, heifers qualifying for
the suckler cow premium, and other heifers, or any
subgroup of animals determined by the Member State and
included in those categories;

2. area payments (where necessary):

(a) calculation of regional base areas,

(b) indicative amounts per hectare;

(c) an indicative forecast of total expenditure and of the

number of hectares concerned;

(d) other information on the rules of application.

Article 40

Detailed report

The detailed report to be forwarded to the Commission under
Article 19 of Regulation (EC) No 1254/1999 shall include the
same elements as those laid down in Article 39, updated and
supplemented.

It shall also include:

(a) a summary of the difficulties encountered in implementing

the additional payments scheme;

(b) an evaluation of the effectiveness of this scheme;

(c) possibly some proposals on the future development of this

scheme.

GENERAL PROVISIONS

Article 41

Payment of advances

1.
On the basis of the results of administrative checks and
on-the-spot checks, the competent authority shall pay to the
producer, for the number of animals deemed to be eligible, an
advance equal to 60 % of the special premium, the suckler cow
premium and the slaughter premium.

In the case of the special premium, the special scheme for
heifers referred to in Article 29 and/or the slaughter premium,
the advance percentage may be reduced by the Member States
but may not be less than 40 %.

The advance may not be paid before 16 October of
the
calendar year in respect of which the premium is applied for.

The definitive payment of

2.
the premium shall be an
amount equal to the difference between the advance payment
and the premium amount to which the producer is entitled.

Article 42

Allocation year

The date of submission of the application shall constitute the
operative event for determining the year to which animals
covered by the special premium, suckler cow premium, de-
seasonalisation premium and extensification payment schemes
are allocated and the number of LUs to be used for calculating
the stocking density.

However, if the special premium is granted in accordance with
one of the options provided for in Article 8:
— where the animal was

slaughtered no later

than 31

December:
and

— where the premium application for that animal is submitted

after that date,

the amount of the premium applicable shall be that in force on
31 December of the year in which slaughter took place.

As regards the slaughter premium, for the purposes of applying
the rate of aid and calculating the proportional reduction in
accordance with Article 38, the allocation year shall be the year
of slaughter or export.

Article 43

Conversion into national currency

Conversion into national currency of premium amounts and of
the extensification payment shall be carried out in accordance
with the average, calculated pro rata temporis, of the exchange
rates applicable in the month of December preceding the alloc-
ation year determined in accordance with Article 42.

L 281/44

EN

Official Journal of the European Communities

4. 11. 1999

Article 44

(a) the number of male bovines for which the special premium

was actually granted, broken down by:

Penalties

for

the illegal use or holding of certain

substances or products

— age bracket,

In the event of repeated infringements through the illegal use
or holding of substances or products not authorised by the
relevant Community regulations
in the veterinary sector,
Member States shall determine, in the light of the seriousness
of the infringement, the length of the exclusion from the aid
schemes pursuant to the second subparagraph of Article 23(1)
of Regulation (EC) No 1254/1999.

Article 45

National implementing measures

Member States shall adopt all suitable measures necessary to
ensure that this Regulation is applied properly. They shall
inform the Commission thereof.

Article 46

Notification

1.
From 1 July 2000 onwards, the Member States shall
notify the Commission annually by 15 September at the latest
(for information relating to the first six months of the current
year) and 1 March (for information relating to the second six
months of the previous year) of:

— type of animal (bull or steer),

and indicating:

— the grant, where applicable, of

the extensification
payment
(broken down according to the limits laid
down in Article 13(2) of Regulation (EC) No 1254/
1999),
livestock producers
concerned, shown separately in accordance with those
limits,

and the number of

— the number of animals broken down by age bracket for
which the special premium was not granted in respect
of the preceding calendar year due to the application of
the regional ceiling;

(b) the number of cows and heifers for which the suckler cow
premium was actually granted, broken down according to
the schemes referred to in Article 6(2)(a) and (b) of Regula-
tion (EC) No 1254/1999, and indicating the grant, where
applicable, of the extensification payment (broken down
according to the limits laid down in Article 13(2) of that
Regulation), as well as the number of producers concerned
in the case of each scheme;

(c) the number of dairy cows for which the extensification

payment was actually granted;

(d) the number of animals for which the premium was not
granted in respect of the preceding calendar year due to
application of the specific national ceiling for heifers;

(a) the number of male bovines in respect of which the special

premium has been applied for, broken down by:

(e) where applicable, the grant of any national premium in

addition to the suckler cow premium,

indicating:

— age bracket,

— type of animal (bull or steer);

(b) the number of cows in respect of which the suckler cow
premium has been applied for, broken down according to
the schemes referred to in Article 6(2)(a) and (b) of Regula-
tion (EC) No 1254/1999;

(c) the number of animals in respect of which the slaughter
premium has been applied for, broken down by type of
animal (adult bovine or calf) and indicating whether the
animals were slaughtered or exported;

(d) the number of animals for which the deseasonalisation
premium was actually granted, broken down according to
whether they benefited from the first or second tranche of
the special premium, and the number of livestock produ-
cers corresponding to each of the two abovementioned age
brackets.

2.
From 2001 onwards, the Member States shall notify the
Commission by 31 July at the latest in each year and for the
preceding calendar year of:

— the conditions for granting the premium,

and

— the amount granted per animal;

(f) the number of animals for which the premium not affected
by stocking density was actually granted, and the number
of producers concerned;

(g) the number of animals for which the slaughter premium
was actually granted, broken down by type of animal (adult
bovine or calf) and indicating whether the aid was granted
on slaughter or on export, as well as, for each of these
subdivisions, the number of producers concerned.

The Member States shall notify the Commission annually
3.
by 31 July at the latest from 2001 of the number of animals,
broken down by type of animal,
in respect of which the
slaughter premium has not been granted in respect of the
preceding calendar year due to the application of national
ceilings.

4. 11. 1999

EN

Official Journal of the European Communities

L 281/45

4. Member States shall communicate the details specified in
this Article using the tables set out in Annex IV.

Article 48

Repeal

CHAPTER VIII

TRANSITIONAL AND FINAL PROVISIONS

Article 47

Transitional provisions

1.
In accordance with Article 50 of Regulation (EC) No
1254/1999, in order to facilitate the transition from the provi-
sions of Regulation (EEC) No 805/68 to Regulation (EC) No
1254/1999, notifications to the Commission in respect of
1999 shall be made in accordance with the same procedure as
that laid down in Regulation (EEC) No 3886/92.

The requirement

2.
to identify and register animals laid
down in Article 21 of Regulation (EC) No 1254/1999 shall
apply, for animals born before 1 January 1998, in accordance
with the procedure laid down in Council Directive 92/
102/EEC (1), save in the case of animals which are the subject
of infra-Community trade.

Regulation (EEC) No 3886/92 is repealed with effect from 1
January 2000.

It shall remain applicable to applications submitted by 31
December 1999 at the latest.

References to the repeated Regulation shall be construed as
references to this Regulation.

Article 49

Entry into force

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

It shall apply from 1 January 2000, except for the provisions
relating to notifications or decisions laid down in Articles 10,
11, 15, 21(2), 23(4), 29(1) and (2), 32(5), (6) and (9), 35(2) and
39, which shall apply on entry into force of this Regulation.

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

Done at Brussels, 28 October 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 355, 5.12.1992, p. 32.

L 281/46

EN

Official Journal of the European Communities

4. 11. 1999

ANNEX I

LIST OF BOVINE BREEDS REFERRED TO IN ARTICLE 14

— Angler Rotvieh (Angeln) — Rød dansk mælkerace (RMD)

— Ayrshire

— Armoricaine

— Bretonne Pie-noire

— Fries-Hollands (FH), Française frisonne pie noire (FFPN), Friesian-Holstein, Holstein, Black and White Friesian, Red and
White Friesian, Frisona española, 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.

4. 11. 1999

EN

Official Journal of the European Communities

L 281/47

ANNEX II

AVERAGE MILK YIELD REFERRED TO IN ARTICLE 18

(kilograms)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

5 450

6 800

5 800

4 250

4 650

5 550

4 100

5 150

5 700

6 800

4 650

5 100

6 400

7 150

5 900

L 281/48

EN

Official Journal of the European Communities

4. 11. 1999

NATIONAL CEILINGS FOR THE SLAUGHTER PREMIUM REFERRED TO IN ARTICLE 38(1)

ANNEX III

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

Adult bovines

711 232

711 589

4 357 713

235 060

1 982 216

4 041 075

1 776 668

3 426 835

21 867

1 207 849

546 557

325 093

382 536

502 063

3 266 212

Calves

335 935

54 700

652 132

80 324

25 629

2 045 731

0

1 321 236

3 432

1 198 113

129 881

70 911

10 090

29 933

26 271

4. 11. 1999

EN

Official Journal of the European Communities

L 281/49

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EN

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4. 11. 1999

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EN

Official Journal of the European Communities

4. 11. 1999

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