Commission Regulation (EC) No 1900/2000 of 7 September 2000 amending Regulation (EC) No 2342/1999 laying down detailed rules for the application of premium schemes in the beef and veal sector
Date: 2000-09-07
Institutions: European Commission
Subjects: administrative formalities, agricultural guidance, beef, cattle, common organisation of markets, slaughter premium

8.9.2000

EN

Official Journal of the European Communities

L 228/25

COMMISSION REGULATION (EC) No 1900/2000

of 7 September 2000

amending Regulation (EC) No 2342/1999 laying down detailed rules for the application of 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), and in particular Article 11(5), Article 13(5),
Article 20 and the second indent of Article 50 thereof,

Whereas:

(1)

(2)

For the purpose of the extensification payment provided
for in Article 32 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 (2), as
amended by Regulation (EC) No 1042/2000 (3), a
holding's stocking density is to be determined on the
basis of the number of male bovines, cows and heifers
present on the holding during the calendar year
concerned. In the event of an epizootic, no animal may
leave a production unit
the competent veterinary
if
authorities decide to prohibit any movement from the
production unit, except for the purpose of slaughter.
Such animals are taken into account for the purpose of
determining the holding's stocking density and the
producer could therefore be excluded from eligibility for
the extensification payment. So as not to penalise a
diligent producer for circumstances beyond his control,
a flat-rate correcting coefficient should be applied, from
the time of
the new premium
schemes, to the number of livestock units recorded on
the holding during the period in question, increased by a
certain number of days to permit disposal of
the
animals, with a view to determining the stocking
density, on condition that the producer fulfils certain
obligations and without otherwise affecting the principle
of extensification.

the introduction of

Article 4 of Council Regulation (EEC) No 3950/92 of 28
December 1992 establishing an additional levy in the
sector (4), as amended by
milk and milk products
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), as amended by
Regulation (EEC) No 1670/2000 (7), mention the word
‘available’ when referring to the individual reference
quantity of milk. In contrast, Article 32(8)(a) of Regula-
in
tion (EC) No 2342/1999 uses the word ‘allocated’

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 281, 4.11.1999, p. 30.
(3) OJ L 118, 19.5.2000, p. 4.
(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.
(7) OJ L 193, 29.7.2000, p. 10.

(3)

(4)

(5)

(6)

referring to the same criterion. For the purposes of legal
clarity the same word should always be used when
referring to the same criterion. That matter of wording
should therefore be settled, to apply from the time of
the introduction of the new premium schemes.

Under the slaughter premium, the maximum time limit
of six months for submission of
the ‘livestock’ aid
application provided for in Article 35(1) of Regulation
(EC) No 2342/1999 has proved inadequate because of
problems in managing the measure in its first year of
application linked to the operation of the computerised
database. Consequently,
slaughtered or
exported during the first few months of 2000, Member
States should be granted the possibility of extending that
time limit, from the time of the introduction of the new
premium schemes, and to set a final date for that exten-
sion.

for animals

For the special, suckler cow and slaughter premiums,
Article 41 of Regulation (EC) No 2342/1999 provides
for the possibility of paying producers an advance of a
certain percentage of the aid amount. That possibility is
not available for the additional payments referred to in
Article 14 of Regulation (EC) No 1254/1999. To facili-
tate correct administration of
those
amounts Member States should be allowed to pay a
maximum advance on the additional payments.

the payment of

Article 43 of Regulation (EC) No 2342/1999 lays down
the rule applicable to conversion into national currency
of the amounts of premiums and of the extensification
payment. For reasons of clarity and consistency in the
booking of the additional payments to the budget, that
rule should also be applied to them.

The number of dairy cows eligible for the extensification
payment in favour of producers whose holdings are
located in mountain areas as provided for in Article
13(4) of Regulation (EC) No 1254/1999 is fixed by
Article 32(8) of Regulation (EC) No 2342/1999.
Pursuant to that Article, that number is equivalent to the
number of dairy cows needed to produce the individual
milk reference quantity 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. Producers located in moun-
tain areas who have both dairy cows eligible for the
extensification payment and animals eligible for other
direct payments may be forced to refer to two different
dates for determination of their individual milk reference
quantities. In that case, special measures should be laid

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Official Journal of the European Communities

8.9.2000

down, in accordance with Article 50 of Regulation (EC)
No 1254/1999, to simplify the administration of that
scheme and its application by such producers. The
Member States concerned should be given the poss-
ibility, as already provided for under Article 44a of
Regulation (EC) No 2342/1999 under other circum-
stances, to make 1 April the reference date for the
number of dairy cows needed to produce the individual
milk reference quantity allocated to the producer. That
measure applies from 2001 until the end of 2004, the
actual date of application of direct payments in the milk
and milk products sector.

(7)

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

‘In addition, on the basis of administrative and on-the-
spot checks, Member States may decide to pay producers
an advance of a maximum 60 % on the amount of the
additional payments referred to in Article 14 Regulation
(EC) No 1254/1999.’

2. In paragraph 1, the last subparagraph is replaced by the

following:

‘The advance may not be paid before 16 October of the
calendar year in respect of which the premium is applied
for or the additional payment is granted.’

3. Paragraph 2 is replaced by the following:

‘2.
The definitive payment of the premium or the
additional payment shall be an amount equal to the
difference between the advance payment and the amount
of the premium or the additional payment to which the
producer is entitled.’

HAS ADOPTED THIS REGULATION:

4. Article 43 is replaced by the following:

Article 1

Conversion into national currency

‘Article 43

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

1. In Article 32:

1. In paragraph 8(a), the word ‘allocated’

is replaced by

‘available’.

2. The following paragraph is added:

that

In the event

‘11.
the competent veterinary
authorities decide that no animal may leave the produc-
tion unit except for the purpose of slaughter, the number
of livestock units recorded on the holding shall be multi-
plied by the coefficient 0,8 for the purpose of applying
this Article.

This measure shall be restricted to the period, plus 20
days, within which the abovementioned decision applies,
provided that the producer has informed the competent
authority, by writing within 10 working days of the
decision, of the presence of the animals concerned and
has taken all the measures necessary to prevent and/or
limit the occurrence of the epizootic.’

Conversion into national currency of premium amounts, the
extensification payment and the additional payments 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 allocation year determined in
accordance with Article 42.’

5. In Article 44a:

1. The phrase ‘and 31(2)(a)’, is replaced by the following:

‘31(2)(a) and 32(8)(a)’.

2. The following third indent is added:

‘— the number of dairy cows with a view to the
granting of
for dairy
the extensification payment
cows kept on holdings located in mountain areas.’

Article 2

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

graph of Article 35(1):

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

‘For 2000, Member States may decide in respect of animals
slaughtered or exported during the first quarter that the
time limit set for the submission of aid applications is to be
extended until 30 September 2000 at the latest.’

3. In Article 41:

1. In paragraph 1,

the following third subparagraph is

added:

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

— Article 1(1) and (2) shall apply from 1 January 2000.
However, with regard to the information obligation referred
to in point 2 of Article 1(1), where cases occurred before
the entry into force of this Regulation the 10 day time limit
shall start with that entry into force,

— Article 1(5) shall apply from 1 January 2001.

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Official Journal of the European Communities

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

Done at Brussels, 7 September 2000.

For the Commission

Franz FISCHLER

Member of the Commission