Commission Regulation (EC) No 1458/2001 of 17 July 2001 derogating from certain provisions of Regulations (EEC) No 2700/93 and (EC) No 2342/1999 as regards the application of the premium schemes in the sheepmeat and goatmeat and beef and veal sectors and amending Regulation (EC) No 2342/1999
Date: 2001-07-17
Institutions: European Commission
Subjects: agricultural guidance, beef, goatmeat, sheepmeat, slaughter premium

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COMMISSION REGULATION (EC) No 1458/2001

of 17 July 2001

derogating from certain provisions of Regulations (EEC) No 2700/93 and (EC) No 2342/1999 as
regards the application of the premium schemes in the sheepmeat and goatmeat and beef and veal
sectors and amending Regulation (EC) No 2342/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

inary measures concerned. These derogations also apply
to situations resulting from the application of the above
measures where animals are slaughtered as a result of a
veterinary decision taken on animal-welfare grounds.

Having regard to Council Regulation (EC) No 2467/98 of 3
November 1998 on the common organisation of the market in
sheepmeat and goatmeat (1), as amended by Regulation (EC) No
1669/2000 (2), and in particular Article 5(6) thereof,

(3)

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (3), and in particular Article 4(8), Article 6(7), Article
11(5), Article 13(5) and the second indent of Article 50
thereof,

Whereas:

(1)

(2)

Outbreaks of foot-and-mouth disease that have appeared
in several Member States have triggered certain measures
under Council Directive 90/425/EEC of 26 June 1990
concerning veterinary and zootechnical checks applic-
able in intra-Community trade in certain live animals
and products with a view to the completion of the
internal market (4), as last amended by Directive 92/
118/EEC (5), and Directive 85/511/EEC of 18 November
1985 introducing Community measures for the control
of foot-and-mouth disease (6), as last amended by the
Act of Accession of Austria, Finland and Sweden.

Those measures impose restrictions on movements of
animals in certain regions. This might give rise to situa-
tions where the producers are no longer able to meet
some of their obligations under Commission Regulation
(EEC) No 2700/93 of 30 September 1993 on detailed
rules for the application of the premium in favour of
sheepmeat and goatmeat producers (7), as last amended
by Regulation (EC) No 394/2001 (8), and 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 organ-
in beef and veal as regards
isation of
premium schemes (9), as last amended by Regulation
(EC) No 192/2001 (10). The Member States must there-
fore be allowed to derogate temporarily from certain
rules applicable under normal circumstances to the
extent necessary to ensure the effectiveness of the veter-

the market

(1) OJ L 312, 20.11.1998, p. 1.
(2) OJ L 193, 29.7.2000, p. 8.
(3) OJ L 160, 26.6.1999, p. 21.
(4) OJ L 224, 18.8.1990, p. 29.
(5) OJ L 62, 15.3.1993, p. 49.
(6) OJ L 315, 26.11.1985, p. 11.
(7) OJ L 245, 1.10.1993, p. 99.
(8) OJ L 58, 28.2.2001, p. 9.
(9) OJ L 281, 4.11.1999, p. 30.
(10) OJ L 29, 31.1.2001, p. 27.

regards

the premiums

those veterinary measures,

As
for ewes and she-goats
provided for in Article 5 of Regulation (EC) No 2467/
98, to take account of the special situation of producers
one or more of whose animals have been slaughtered
before the last day of the retention period as a result of
the application of
the
premium on the animals concerned should be granted,
provided that a check has shown that had the animals
concerned not been slaughtered, they would have met
the conditions for eligibility laid down in the definitions
given in Article 1(4) and (5) of Council Regulation (EEC)
No 3493/90 of 27 November 1990 laying down general
rules for the granting of premiums to sheepmeat and
goatmeat producers (11), as last amended by Regulation
(EC) No 2825/2000 (12).

(4)

(5)

As regards the special premium for male bovine animals
and the suckler-cow premium provided for in respec-
tively Articles 4 and 6 of Regulation (EC) No 1254/
1999, to take account of the special situation of produ-
cers one or more of whose animals have been slaugh-
tered during the retention period as a result of the
application of the veterinary measures referred to above,
the special premium and the suckler-cow premium
should be granted on the animals covered by those
measures.

As regards the extensification payment provided for in
Article 13 of Regulation (EC) No 1254/1999, where
animals are kept on the holding as a result of a ban on
movement decided by the veterinary authorities because
of an epizootic disease, a flat-rate correcting coefficient
is to be applied to the number of
livestock units
recorded on the holding during the period concerned for
as long as that decision applies with a view to deter-
mining the stocking density pursuant to Article 32(11)
of Regulation (EC) No 2342/1999.
In order to take
account of the impact of the veterinary measures of
extended duration on the number of livestock units, it
should be made possible to increase the abovementioned
flat-rate correcting coefficient after those measures have
been in force beyond a given length of time.

(11) OJ L 337, 4.12.1990, p. 7.
(12) OJ L 328, 23.12.2000, p. 1.

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(6)

(7)

(8)

As regards the slaughter premium provided for in Article
11 of Regulation (EC) No 1254/1999, the restrictions on
movements of animals mean that producers are unable
to keep within the maximum time allowed under Article
37(1) of Regulation (EC) No 2342/1999 from the end of
the two-month minimum retention period to the date of
slaughter. The Member States should be allowed to
extend that time, depending on whether or not the
animals can be dispatched to other Member States.

Once more as regards the slaughter premium provided
for in Article 11 of Regulation (EC) No 1254/1999, the
restrictions on movements of animals have led in certain
cases to calves' remaining for longer on holdings, so that
they no longer comply with the age and weight require-
ments laid down in paragraph 1(b) of that Article at the
time of slaughter once those restrictions are lifted. In
order to avoid penalising producers for animals that
reasons beyond their
have become too heavy for
control,
it should be possible for a limited period to
grant the slaughter premium on calves that no longer
meet the above age and weight requirements.

As regards the extensification payment provided for in
Article 13 of Regulation (EC) No 1254/1999, where
animals are kept on the holding longer than normal as a
result of the exceptional market situation, a flat-rate
is to be applied for a limited
correcting coefficient
period to the number of livestock units recorded on the
holding during the period concerned with a view to
determining the stocking density pursuant
to Article
32(12) of Regulation (EC) No 2342/1999. In order to
take account of the impact of restrictions on animal
movements on the situation of producers as regards the
period of application of the flat-rate correcting coeffi-
cient, that period should be extended by two months.

The derogations laid down in this Regulation shall also apply
to situations resulting from the application of the measures
referred to in the preceding paragraph where animals are
slaughtered as a result of a veterinary decision to taken on
animal-welfare grounds.

Article 2

Notwithstanding Article 3(2) of Regulation (EEC) No 2700/93,
animals slaughtered as a result of the application of a measure
covered by Article 1 before the last day of the retention period
shall be deemed eligible for the ewe or she-goat premium. To
that end, the competent authorities of the Member States shall
ensure, on the basis of evidence available at
the time of
slaughter, that had the animals not been slaughtered, they
would have complied with the conditions laid down in the
definitions given in Article 1(4) and (5) of Regulation (EEC) No
3493/90.

Article 3

1.
The slaughter of an animal during the retention period
referred to in Article 5 of Regulation (EC) No 2342/1999 as a
result of the application of a measure covered by Article 1 shall
not prevent
the producer from being granted the special
premium.

2.
The slaughter of an animal during the retention period
referred to in Article 16 of Regulation (EC) No 2342/1999 as a
result of the application of a measure covered by Article 1 shall
not prevent the producer from being granted the suckler-cow
premium.

(9)

In view of the rate at which events are unfolding, this
Regulation must enter into force immediately.

Article 4

(10)

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

Notwithstanding Article 32(11) of Regulation (EC) No 2342/
1999, where a measures covered by Article 1 prohibiting
animals from leaving the production unit, other than for
slaughter, applies for a period of more than three months in
succession:

— the coefficient provided for in that Article shall be increased
to 0,5 for the period for which the decision applies beyond
the three months referred to above,

— the Member State may extend the period of 20 days to no

HAS ADOPTED THIS REGULATION:

more than 30 days.

Article 1

Article 5

Derogations from Regulations (EEC) No 2700/93 and (EC) No
2342/1999 shall be authorised in order to ensure the effective-
ness of measures taken under Directives 90/425/EEC and 85/
511/EEC to combat and prevent the spread of foot-and-mouth
disease and to mitigate the effects of the extended exceptional
market situation resulting from these measures, subject to the
conditions set out herein.

1.
Notwithstanding Article 11(1)(b) of Regulation (EC) No
1254/1999, where as a result of the application of a measure
covered by Article 1 calves have not been able to leave the
production unit for slaughter, the slaughter premium shall be
granted on calves aged more than one month but less than
eight months and having a carcass weight of less than 175
kilograms, slaughtered from the date of lifting of the measure
to 30 June 2001.

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To that end, the competent authorities of the Member State
shall ensure, on the basis of evidence available at the time of
slaughter, that the animal complies with the conditions of
eligibility for the premium.

in the event of

Notwithstanding Article 37(1) of Regulation (EC) No
2.
2342/1999,
the application of a measure
covered by Article 1 any Member State may extend the
maximum time allowed under that Article between the end of
the two-month minimum retention period and the date of
slaughter by:
— up to two months less one day,
— up to three months where a ban on dispatch to other
Member States is in force, provided fo the Member State
ensures that only one slaughter premium is granted per
animal.

Article 6

In Article 32(12) of Regulation (EC) No 2342/1999, the date
‘15 March 2001’

is replaced by ‘15 May 2001’.

Article 7

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

Articles 1 to 5 shall apply to aid applications lodged by 31
December 2001.

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

Done at Brussels, 17 July 2001.

For the Commission

Franz FISCHLER

Member of the Commission