Commission Regulation (EC) No 649/2001 of 30 March 2001 derogating, with regard to agri-environment measures, from Regulation (EC) No 1750/1999
Date: 2001-03-30
Institutions: European Commission
Subjects: agricultural policy, cattle, environmental policy, environmental protection, livestock, rural development

31.3.2001

EN

Official Journal of the European Communities

L 91/49

COMMISSION REGULATION (EC) No 649/2001

of 30 March 2001

derogating, with regard to agri-environment measures, from Regulation (EC) No 1750/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2078/92 of 30
June 1992 on agricultural production methods compatible
with the requirements of the protection of the environment
and the maintenance of the countryside (1), as amended by
Commission Regulation (EC) No 2772/95 (2), and in particular
Article 9 thereof,

Having regard to Council Regulation (EC) No 1257/1999 of 17
May 1999 on support for rural development from the Euro-
pean Agricultural Guidance and Guarantee Fund (EAGGF) and
amending and repealing certain Regulations (3), and in partic-
ular Article 34 thereof,

Whereas:

(1)

(2)

(3)

Article 12 of Commission Regulation (EC) No 1750/
1999 of 23 July 1999 laying down detailed rules for the
application of Council Regulation (EC) No 1257/1999
on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) (4),
as amended by Regulation (EC) No 2075/2000 (5), lays
down the conditions with which all agri-environment
undertakings to extensify livestock farming or otherwise
to manage livestock farming must comply. According to
that Article,
livestock density is defined taking into
account all grazing livestock kept on the farm.

In view of the difficult situation on the beef and veal
market resulting from the sharp drop in demand, due in
particular to consumers turning away from beef because
of concerns about the increased number of bovine spon-
giform encephalopathy cases, more cattle are remaining
on farms. These animals are taken into account when
establishing the holding's stocking density and farmers
may accordingly not receive the aid and be penalised for
not complying with their undertaking.

In order to avoid penalising farmers in these exceptional
circumstances, a corrective flat-rate coefficient should be
applied for a limited period, to avoid impairing the
environmental value of
to the
number of livestock units recorded on the holding for
the period in question when establishing the stocking
the farmer demonstrates the
density, provided that

such undertakings,

(1) OJ L 215, 30.7.1992, p. 85.
(2) OJ L 288, 1.12.1995, p. 35.
(3) OJ L 160, 26.6.1999, p. 80.
(4) OJ L 214, 13.8.1999, p. 31.
(5) OJ L 246, 30.9.2000, p. 46.

impact of this exceptional market situation on the exten-
sive nature of the holding, without affecting the prin-
ciple of extensification.

If the application of the coefficient does not make it
possible to comply with the livestock density laid down
in the undertaking or if the difficult situation on the beef
and veal market should persist beyond this period, thus
making it impossible to comply with the environment
undertakings relating, in particular, to the extensification
of cattle farming, farmers should be allowed to withdraw
their undertaking before expiry of the period covered by
that undertaking or to modify their undertaking by
removing the obligation to extensify cattle farming
without the penalties normally provided for in these
circumstances being applied, provided that the farmer
this exceptional market
demonstrates the impact of
situation on the extensive nature of the holding.

For reasons of equal treatment, these derogations should
apply under the same conditions to agri-environment
undertakings entered into under Regulation (EEC) No
2078/92.

farmers,
In view of
should enter into force immediately.

the situation of

this Regulation

The measures provided for in this Regulation are in
accordance with the opinion of the Committee on Agri-
cultural Structures and Rural Development,

(4)

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

In the period between 15 October 2000 and 16 April 2001
inclusive and by way of derogation from Article 12 of Regula-
tion (EC) No 1750/1999,
livestock units
recorded on a holding shall be multiplied by a coefficient of
0,8.

the number of

The coefficient of 0,8 shall apply under the same conditions to
agri-environment undertakings entered into under Regulation
(EEC) No 2078/92.

This measure shall apply if it can be proved, to the satisfaction
of the Member State, that because of the exceptional market
situation, cattle are being kept longer on the holding than is
normally the case.

L 91/50

EN

Official Journal of the European Communities

31.3.2001

Article 2

In the period between the date of entry into force of this Regulation and 15 June 2001, farmers may
withdraw the agri-environment undertaking given pursuant to Regulation (EEC) No 2078/92 or Regulation
(EC) No 1257/1999, or the part of that undertaking concerning the extensification of cattle farming,
without the penalties provided for in such situations being applied.

This measure shall apply if it can be proved, to the satisfaction of the Member State, that because of the
exceptional market situation, cattle are being kept longer on the holding than is normally the case.

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

Article 3

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

Done at Brussels, 30 March 2001.

For the Commission

Franz FISCHLER

Member of the Commission