Commission Regulation (EC) No 1042/2000 of 18 May 2000 amending Regulation (EC) No 2342/1999 laying down detailed rules as regards premium schemes in the beef and veal sector
Date: 2000-05-18
Institutions: European Commission
Subjects: agricultural guidance, beef, common organisation of markets, slaughter premium, suckler cow

L 118/4

EN

Official Journal of the European Communities

19.5.2000

COMMISSION REGULATION (EC) No 1042/2000

of 18 May 2000

amending Regulation (EC) No 2342/1999 laying down detailed rules as regards premium schemes
in the beef and veal sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), as amended by Commission Regulation (EC) No
907/2000 (2), and in particular Articles 4(8), 6(7), 11(5) and
12(3) and the second indent of Article 50 thereof,

Whereas:

(1)

(2)

In connection with the special premium granted on
slaughter and the slaughter premium, the period of less
than one month for slaughter, consignment or export
after the retention period, as provided for respectively in
Articles 9(1) and 37(1) of 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 (3),
has proved insufficient,
in particular having regard to
certain veterinary requirements in the case of export. A
lengthier period should accordingly be allowed in that
event. Furthermore and for the sake of fairness, this
measure should apply, on application by the producer,
as from the time the new premium scheme was intro-
duced.

Article 4 of Council Regulation (EEC) No 3950/92 of 28
December 1992 establishing an additional levy in the
milk and milk products sector (4), as last amended by
Commission Regulation (EC) No 749/2000 (5), and
Article 16(3) of Council Regulation (EC) No 1255/1999
of 17 May 1999 on the common organisation of the
market in milk and milk products (6) use the term ‘avai-
lable’ to refer to the individual reference quantity of
milk. However, Articles 17 and 31 of Regulation (EC)
No 2342/1999 use the term ‘allocated’ to refer to the
same concept. For the sake of legal clarity, the same
term should always be used for the same concept. This
question of terminology, which goes back to the intro-
duction of
the new premium scheme, needs to be
settled.

(4)

(5)

1254/1999, which

(3) Where the application of Article 6(2) of Regulation (EC)
No
for
suckler-cow premiums to include up to 20 % heifers, to
premium applications submitted by small producers
gives a figure of less than one, such small producers are

applications

allows

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 105, 3.5.2000, p. 6.
(3) OJ L 281, 4.11.1999, p. 30.
(4) OJ L 405, 31.12.1992, p. 1.
(5) OJ L 90, 12.4.2000, p. 4.
(6) OJ L 160, 26.6.1999, p. 48.

barred from including replacement heifers
in their
premium applications. As recital 7 of that Regulation
states, the measure is intended to limit the number of
heifers to the normal ratio of replacement. To that end,
Article 50 of that Regulation provides for the requisite
measures to be taken to resolve specific practical prob-
lems. As a consequence, such small producers applying
for suckler-cow premiums in respect of at least two
animals should be able to qualify for the premium in
respect of one replacement heifer and this should apply
as from the new scheme's introduction in order to avoid
discriminating between producers.

In accordance with Article 30 of Regulation (EC) No
2342/1999, the Member States may set periods and
dates for the submission of special and suckler-cow
premium applications and may limit the number of
applications
each producer may submit per
premium scheme and calendar year. This is justified on
grounds of sound administration and with a view to
monitoring premiums. Since these reasons are valid for
the slaugther premium too, those provisions should also
apply to the latter.

that

The individual reference quantity of milk defined in
Article 16(3) of Regulation (EC) No 1255/1999, which
is used to determine the number of cows eligible for the
suckler — cow premium in mixed herds as provided for
in Article 6(2)(b) of Regulation (EC) No 1254/1999 and
the stocking density as referred to in Article 12 of that
Regulation, relates to the reference quantity regarded as
most faithfully reflecting the real number of dairy cows
on the holding, i. e. the quantity available at 31 March
or 1 April depending on whether the producer respec-
tively releases or takes over that reference quantity.
However, where the transfer of an individual reference
quantity has an effect at the beginning of the following
milk year only, i. e. on 1 April, that aim is only achieved
by using the reference quantity as at 1 April for the
calculation. As a result, the strict application of the
cases
abovementioned
mentioned, to insurmountable difficulties. In such cases,
provision should be made for special measures,
in
accordance with Article 50 of Regulation (EC) No 1254/
1999, to avoid discriminating between producers. Such
measures — which should be optional for the Member
States concerned — will apply from 2001 until the date
of actual application of direct payments in the milk and
milk products sector, except as regards producers who
are located in Member States that decide to implement
the measure from the year 2000 and who are already

provisions

leads,

the

in

19.5.2000

EN

Official Journal of the European Communities

L 118/5

applying for the measure to take effect, to whom it
should apply as from the introduction of
the new
premium scheme.

(6)

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

5. Article 37(1) is replaced by the following:

‘1.
The premium shall be paid to producers who have
held the animals for a minimum retention period of two
months ending less than one month before slaughter or
ending less than two months before export.’

6. The following Article is added after Article 44:

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2342/1999 is amended as follows.

1. The first
following:

sentence of Article 9(1)

is

replaced by the

‘Nothwithstanding Article 5, the premium shall be paid to
producers who have kept animals for a minimum retention
period of two months ending less that one month before
slaughter or consignment or ending less than two months
before export.’

2. The word ‘allocated’ in Articles 17(1)(a) and 31(2)(a) and

31(3)(b) is replaced by ‘available’.

3. The following third paragraph is added to Article 17:

‘3. Where a premium application covers two to five
animals after adjustment
to the individual ceiling as
provided for in Article 10(1) of Commission Regulation
(EEC) No 3887/92 of 23 December 1992 laying down
detailed rules for applying the integrated administration and
control system for certain Community aid schemes (*), only
one of those animals may be a heifer.

(*) OJ L 391, 31.12.1992, p. 36.’

4. The following is added to the end of the second subpara-

graph of Article 35(1):

‘Without prejudice to the time limit
the
Member States may set periods and dates for the submis-
sion of aid applications and may determine the number
of applications
each producer may submit per
calendar year.’

fixed above,

that

‘Article 44a

Determination of the individual reference quantity of
milk

Up to 31 December 2004, notwithstanding Articles
17(1)(a) and 31(2)(a),
(a Member State may decide that)
in the case of milk producers who release or take over
all or part of individual reference quantities with effect on
31 March or 1 April
respectively in accordance with
Article 8(b) of Regulation (EEC) No 3950/92 or pursuant
to national provisions adopted for the implementation of
(d) and (e) or Article 8a of that
Article 7, Aricle 8(a),
Regulation, the date determining:

— the maximum individual reference quantity of milk
available to qualify for the suckler-cow premium and
the maximum number of suckler cows,

— grants of additional payments per head for dairy

cows, and

— the stocking density,

shall be 1 April.’

Article 2

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

It shall apply from the date of its entry into force. However:

— Article 1(6) shall apply from 1 January 2001,
— Article 1(1),

(5) and, at the producer's request
and where the Member State concerned decides to imple-
ment it, (6) shall apply from 1 January 2000.

(2),

(3),

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

Done at Brussels, 18 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission