Commission Regulation (EC) No 1830/2002 of 14 October 2002 amending Regulation (EC) No 2342/1999 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
Date: 2002-10-14
Institutions: European Commission
Subjects: administrative formalities, agricultural guidance, beef, common organisation of markets

15.10.2002

EN

Official Journal of the European Communities

L 277/15

COMMISSION REGULATION (EC) No 1830/2002

of 14 October 2002

amending Regulation (EC) No 2342/1999 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2799/98 of 15
December 1998 establishing agrimonetary arrangements for
the euro (1), and in particular Article 9 thereof,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (2), as last amended by Commission Regulation (EC)
No 2345/2001 (3), and in particular Articles 4(8), 6(7), 11(5),
13(5) and 20 thereof,

Whereas:

(1)

(2)

For the suckler cow premium, Article 29a of Commis-
sion 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 (4), as last amended by Regulation (EC)
No 169/2002 (5), lays down a rule for the rounding off
of the number of animals for the purposes of calculating
the minimum and maximum number of heifers
expressed as a percentage. Article 17(3) of that Regula-
tion also lays down the number of heifers that may
benefit from that premium where a premium application
covers two to five animals after adjustment to the indivi-
dual ceiling. The coexistence of the two rules raises
problems in application and produces differences in the
way premium applications are dealt with. In order to
ensure the application of a single rounding-off rule while
retaining the rule that is most favourable to producers,
Article 17(3) of the Regulation should be deleted.

Article 41 of Regulation (EC) No 2342/1999 lays down
certain rules relating to the payment of advances. Due to
exceptionally unfavourable weather conditions, produ-
cers in some Member States have been unable to harvest
enough fodder of sufficiently high quality to feed their
livestock throughout the winter. In order to allow produ-
cers to meet the additional financial charges resulting
from the need to buy additional fodder, an increase in
the amount of the advance for the special premium, the
suckler cow premium, the slaughter premium and the
additional payments should be authorised.

(3)

The second paragraph of Article 42 of Regulation (EC)
No 2342/1999 lays down special rules as regards the

(1) OJ L 349, 24.12.1998, p. 1.
(2) OJ L 160, 26.6.1999, p. 21.
(3) OJ L 315, 1.12.2001, p. 29.
(4) OJ L 281, 4.11.1999, p. 30.
(5) OJ L 30, 31.1.2002, p. 21.

subject

for animals

allocation year
to the special
premium scheme where that premium has been granted
in accordance with one of the options provided for in
Article 8 of that Regulation. Under the above Article 8,
Member States which decide to grant
the special
premium at the time of slaughter are to provide that the
premium is also to be granted when eligible animals are
being dispatched to another Member State or being
exported to a third country. The second paragraph of
Article 42 contains no reference to these cases. Deter-
mining the allocation year does not raise any difficulties
where animals are dispatched to another Member State
as the aid application is submitted before the animal
leaves the territory of the Member State concerned under
the third subparagraph of Article 8(6) of that Regulation.
However, where animals are exported to third countries,
as the aid application may also be submitted after the
animals leave Community customs territory, the scope of
the second paragraph of Article 42 must be clarified.

(4)

(5)

Under Article 43 of Regulation (EC) No 2342/1999 the
conversion into national currency of premium amounts
and of the extensification payment is to 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. It should be made clear that
the exchange rate is fixed annually by the Commission,
as in the case of the other common market organisa-
tions.

in order

the difficulties encountered,

Taking into account
the
provision of this Regulation relating to the advance on
premiums and on the additional payments should enter
into force immediately. Moreover,
to give
producers and the competent authorities in the Member
States time to adapt to the new rule, provision should be
made for the deferred application of the rule relating to
the rounding-off of the number of heifers. As regards the
annual fixing of the exchange rate, its application should
be made to coincide with the start of the next calendar
year. Finally, in order to take into account the situation
of exports carried out during the current year, the provi-
sion relating to the allocation year should apply retroac-
tively.

(6)

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

L 277/16

EN

Official Journal of the European Communities

15.10.2002

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 17(3) is deleted;

2. the last subparagraph of Article 41(1) is replaced by:

‘However, as regards the calendar years 2000, 2001 and
2002, the advance on the special premium, the suckler cow
premium,
additional
payments may be paid at a rate of up to 80 % of the amount
of those premiums or of those payments;’

slaughter premium and the

the

3. the second paragraph of Article 42 is replaced by the

following:

‘However, if the special premium is granted in accordance
with one of the options provided for in Article 8:

— where the animal was slaughtered or exported no later

— where the premium application for

that animal

is

submitted after that date,

the amount of the premium applicable shall be that in force
on 31 December of the year in which slaughter or export
took place.’

4. the following sentence is added to Article 43:

‘the average exchange rate shall be fixed by the Commission
during the preceding month.’

Article 2

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

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

However:

— points 1 and 4 of Article 1 shall apply from 1 January

2003,

than 31 December, and

— point 3 of Article 1 shall apply from 1 January 2002.

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

Done at Brussels, 14 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission