Commission Regulation (EC) No 264/2002 of 13 February 2002 laying down transitional measures for the application of premium schemes in the sheepmeat and goatmeat sectors
Date: 2002-02-13
Institutions: European Commission
Subjects: aid system, aid to agriculture, goatmeat, producer organisation, sheepmeat

14.2.2002

EN

Official Journal of the European Communities

L 43/11

COMMISSION REGULATION (EC) No 264/2002

of 13 February 2002

laying down transitional measures for the application of premium schemes in the sheepmeat and
goatmeat sectors

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2529/2001 of 19
December 2001 on the common organisation of the market in
sheepmeat and goatmeat (1), and in particular Article 30
thereof,

(4)

Whereas:

(1)

Article 3 of Regulation (EC) No 2529/2001 contains a
definition of ‘producer’, which differs with regard to
producer groups from the definition that was applicable
in respect of
the sheepmeat and goatmeat premium
schemes before 2002 under Council Regulations (EEC)
No 2644/80 of 14 October 1980 laying down general
rules for intervention with regard to the sheepmeat and
goatmeat sector (2), (EEC) No 3901/89 of 12 December
1989 defining lambs fattened as heavy carcases (3), as
amended by Regulation (EC) No 1266/95 (4), (EEC) No
1323/90 of 14 May 1990 instituting specific aid for
sheep and goat farming in certain less-favoured areas of
the Community (5), as last amended by Regulation (EC)
No 193/98 (6),
(EEC) No 3493/90 of 27 November
1990 laying down general rules for the granting of
premiums to sheepmeat and goatmeat producers (7), as
last amended by Regulation (EC) No 2825/2000 (8),
(EEC) No 338/91 of 5 February 1991 determining the
Community standard quality of fresh or chilled sheep
carcases (9), as last amended by Regulation (EC) No
2536/97 (10), and (EC) No 2467/98 of 3 November
1998 on the common organisation of the market in
sheepmeat and goatmeat (11), as amended by Regulation
(EC) No 1669/2000 (12). Consequently it is necessary to
provide for transitional arrangements with regard to
producer groups, as defined under the previous rules but
which do not conform to the new definition of
producer.

(2)

It is therefore necessary to permit applications for the
premium for 2002 to be made by producer groups on
behalf of producers, as defined in Article 3(a) of Regula-
tion (EC) No 2529/2001.

(1) OJ L 341, 22.12.2001, p. 3.
(2) OJ L 275, 18.10.1980, p. 8.
(3) OJ L 375, 23.12.1989, p. 4.
(4) OJ L 123, 3.6.1995, p. 3.
(5) OJ L 132, 23.5.1990, p. 17.
(6) OJ L 20, 27.1.1998, p. 18.
(7) OJ L 337, 4.12.1990, p. 7.
(8) OJ L 328, 23.12.2000, p. 1.
(9) OJ L 41, 14.2.1991, p. 1.
(10) OJ L 347, 18.12.1997, p. 6.
(11) OJ L 312, 20.11.1998, p. 1.
(12) OJ L 193, 29.7.2000, p. 8.

As far as irregularities are concerned reductions and
exclusions should be applied to the producer group as
such. However, where they are applicable in respect of
subsequent years as a consequence of intentional non-
compliance they should be applied to the producers
who were members of the group when the irregularity
was committed, even though they may no longer form
part of the group.

Article 2(3) of Commission Regulation (EC) No 2550/
2001 (13), which sets down the retention period during
which the producer undertakes to keep on his holding
the number of ewes and/or goats in respect of which the
premium is requested, states that this period shall start
on the day following the last day of the period for the
submission of premium applications. Under the rules
that were applicable in respect of the sheepmeat and
goatmeat premium schemes before 2002 the retention
period began on the last day of the period for the
In certain cases Member
submission of applications.
States have been unable to adapt to the new provisions
given the dates of adoption of Regulations (EC) No
2529/2001 and (EC) No 2550/2001. Consequently it is
necessary to provide for transitional arrangements with
regard to the fixing of the retention period.

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Applications for the premium in respect of 2002 may be
1.
submitted on behalf of producers by producer groups that
were recognised as such by Member States in respect of
applications submitted for the 2001 marketing year but which
do not conform to the definition of ‘producer’ in Article 3(a) of
Regulation (EC) No 2529/2001.

In such cases the producer group must submit a single
premium application, which must be signed by all the produ-
cers belonging to the group. Premium applications must state
the number of animals brought to the group by each producer.
The premium shall be paid directly to the group.

(13) OJ L 341, 22.12.2001, p. 105.

L 43/12

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Official Journal of the European Communities

14.2.2002

The producers shall remain subject to all the other obliga-

2.
tions imposed by Regulation (EC) No 2550/2001.

Article 2

With regard to applications for the premium in respect of
2002 the rules on reductions and exclusions referred to in
Article 40 of Commission Regulation (EC) No 2419/2001 (1)
shall apply to the producer group referred to in Article 1(1)
first subparagraph as such. However, the reductions and exclu-
sions provided for in that Article in the event of intentional
non-compliance shall also apply to those producers, who were
members of the producer group when the irregularity was
committed and who, while remaining producers in subsequent
years, no longer form part of the group.

Article 3

Notwithstanding the provisions of Article 2(3) of Regulation
(EC) No 2550/2001 Member States may decide that for 2002
the retention period during which the producer undertakes to
keep on his holding the number of ewes and/or goats in
respect of which the premium is requested shall start on the
last day of the period for the submission of premium applica-
tions.

Article 4

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

Articles 1 and 3 shall only apply in relation to the 2002
calendar year.

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

Done at Brussels, 13 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 327, 12.12.2001, p. 11.