Commission Regulation (EC) No 188/2005 of 3 February 2005 laying down detailed rules for the application of the aid scheme for the meat sector in the outermost regions
Date: 2005-02-03
Institutions: European Commission
Subjects: beef, peripheral region, sales aid

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Official Journal of the European Union

4.2.2005

COMMISSION REGULATION (EC) No 188/2005

of 3 February 2005

laying down detailed rules for the application of the aid scheme for the meat sector in the
outermost regions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

abovementioned Regulation amends the direct support
schemes under
the common agricultural policy for
farmers in the regions in question where Article 70 is
applied. Detailed rules for the application of the support
schemes in question should be laid down.

Having regard to Council Regulation (EC) No 1452/2001 of
28 June 2001 introducing specific measures for certain agri-
cultural products
French overseas departments,
amending Directive 72/462/EEC and repealing Regulations
(EEC) No 525/77 and (EEC) No 3763/91 (Poseidom) (1), and
in particular Article 9(3),

the

for

Having regard to Council Regulation (EC) No 1453/2001 of
28 June 2001 introducing specific measures for certain agri-
cultural products for the Azores and Madeira and repealing
Regulation (EEC) No 1600/92 (Poseima) (2), and in particular
Articles 13(3) and 22(4) and (10) thereof,

Having regard to Council Regulation (EC) No 1454/2001 of
28 June 2001 introducing specific measures for certain agri-
cultural products for the Canary Islands and repealing Regu-
lation (EEC) No 1601/92 (Poseican) (3), and in particular
Article 5(3) thereof,

Whereas:

(1)

Article 70(1)(b) of Council Regulation (EC) No 1782/2003
of 29 September 2003 establishing common rules for
direct support schemes under the common agricultural
policy and establishing certain support
for
farmers (4) lays down that Member States can decide to
exclude, in particular, direct payments granted to farmers
in the French overseas departments,
the Azores and
Madeira, and the Canary Islands from the single payment
scheme during the reference period. Article 147 of the

schemes

(1) OJ L 198, 21.7.2001, p. 11. Regulation as last amended by Regu-

lation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

(2) OJ L 198, 21.7.2001, p. 26. Regulation as last amended by Regu-

lation (EC) No 1690/2004.

(2)

(3)

(4)

(5)

and

their

France

Portugal

have
decision to

the
Spain,
Commission of
direct
payments granted to farmers established in the Canary
Islands, the French overseas departments, and the Azores
and Madeira respectively from the
single payment
scheme.

informed
exclude

concerned are

the Member States

Article 9(1) of Regulation (EC) No 1452/2001, Articles
13(1) and 22(2) of Regulation (EC) No 1453/2001 and
Article 5(1) of Regulation (EC) No 1454/2001 lay down
to present
that
programmes to the Commission to assist
traditional
activities connected with beef and veal, sheepmeat and
goatmeat production and measures to improve product
quality, within the limits of the consumption needs of
the outermost regions with the exception of the Azores.
The key elements of
should be
specified.

these programmes

The Community finances the programmes up to an
annual amount set in accordance with Article 9(2) of
Regulation (EC) No 1452/2001, Articles 13(2) and
22(3) of Regulation (EC) No 1453/2001 and Article
5(2) of Regulation (EC) No 1454/2001.

The said amount is equal to the sum of the premiums
paid in 2003 under Articles 4, 6, 11, 13 and 14 of
Council Regulation (EC) No 1254/1999 of 17 May
1999 on the common organisation of the market in
beef and veal (5), Articles 4, 5 and 11 of Council Regu-
lation (EC) No 2529/2001 of 19 December 2001 on the
common organisation of the market in sheepmeat and
goatmeat (6) and additional aid granted under Regulations
(EC) No 1452/2001, 1453/2001 and 1454/2001. On
this basis,
the annual amounts applicable in each
Member State for the 2005 calendar year should be set.

(3) OJ L 198, 21.7.2001, p. 45. Regulation as last amended by Regu-

(5) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

lation (EC) No 1690/2004.

lation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).

(4) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regu-

(6) OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regu-

lation (EC) No 2217/2004 (OJ L 375, 23.11.2004, p. 1).

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

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(6)

(7)

(8)

(9)

The indicators for measuring the development of local
production as referred to in the second subparagraph of
Article 9(2) of Regulation (EC) No 1452/2001,
the
second subparagraph of Article 13(2) and the second
subparagraph of Article 22(3) of Regulation (EC)
No 1453/2001 and the second subparagraph of Article
5(2) of Regulation (EC) No 1454/2001 respectively
should be specified.

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE

Article 1

Scope

and

13(4)

Under Article 9(4) of Regulation (EC) No 1452/2001,
(EC)
22(5)
Articles
No 1453/2001 and Article 5(4) of Regulation (EC)
No 1454/2001,
the Member States concerned must
submit a report to the Commission each year on the
implementation of
the programme. The key elements
of such reports should be specified.

Regulation

of

From 1 January 2005 aid programmes
replace the
premium schemes currently in force for beef and veal,
the detailed rules of application for which are laid down
in Commission Regulation (EC) No 170/2002 (1).

Under Article 22(9) of Regulation (EC) No 1453/2001
aid is introduced for the disposal
in other Community
regions of young male bovine animals born in the
Azores. Detailed rules for the application of this aid are
also laid down in Regulation (EC) No 170/2002. For the
sake of efficiency, the provisions concerning aid measures
to assist the beef and veal sector in the outermost regions
should be combined in a single text.

(10)

Regulation (EC) No 170/2002 should accordingly be
repealed.

(11)

The system of aid programmes provided for in Regu-
lations
and
1452/2001,
1454/2001 being applicable from 1 January 2005, this
Regulation should also apply from that date.

1453/2001

(EC) No

(12)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Direct Payments,

(1) OJ L 30, 31.1.2002, p. 23.

1.
This Regulation lays down detailed rules for the appli-
cation of the programmes referred to in Article 9(1) of Regu-
lation (EC) No 1452/2001, Articles 13(1) and 22(2) of Regu-
lation (EC) No 1453/2001 and Article 5(1) of Regulation (EC)
No 1454/ 2001.

The programmes referred to in the first subparagraph concern
aid for
traditional activities connected with beef and veal,
sheepmeat and goatmeat production and measures to improve
product quality in the French overseas departments, the Azores
and Madeira, and the Canary Islands, within the limits of the
consumption needs of these regions, with the exception of the
Azores.

This Regulation lays down detailed rules for the appli-
the disposal aid provided for in Article 22(9) of

2.
cation of
Regulation (EC) No 1453/2001.

CHAPTER II

AID PROGRAMMES

Article 2

Establishment of the aid programme

1.

The Member State may decide to apply either:

(a) a single programme for all the regions concerned

or, as appropriate,

(b) a different programme for each region or group of regions

concerned.

In the case referred to in point (b), the Member State shall
ensure equal treatment between producers under one and the
same programme.

2.

Programmes shall contain, in particular:

(a) a description of the consumption needs in the region or
group of regions concerned when the programme is drawn
up;

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(b) a detailed description of each measure planned and its

objectives;

Article 5

Development of local production

(c)

the
the objectively measurable indicators, calculated at
the
the year of application of
beginning and end of
programme,
to which the
extent
objectives have been achieved and the impact of each
measure;

evaluating the

for

(d) detailed rules for the implementation of each measure, in
particular the category and estimated number of benefi-
ciaries, the criteria for granting aid, the estimated amounts
per head or per hectare, the conditions of eligibility, the
categories of animal and the areas concerned, accompanied
by a timetable for implementation;

(e)

the financial details of each measure planned;

(f)

the system of checks and penalties put in place to ensure
that each measure planned is properly implemented and the
corresponding expenditure properly executed, wherever
possible in accordance with the relevant provisions of
Commission Regulation (EC) No 796/2004 (1) and with
specific reference thereto.

3.
Subject to the ceiling referred to in Article 4, the Member
State may transfer from one programme measure to another a
maximum of 20 % of the financial resources allocated to each of
them.

The development of local production shall be measured
1.
by reference to headage of cattle, sheep and goats in each region
or group of regions concerned.

To that end, not later than 30 June of the current year, the
Member States shall transmit to the Commission information
about the headage of cattle, sheep and goats in each region or
group of regions concerned at 31 December of the preceding
year.

2. Within 10 days of the entry into force of this Regulation,
the Member States shall notify the Commission of the livestock
headage situation at 1 January 2003.

Article 6

Checks

The Member States shall take all appropriate measures to ensure
that this Regulation and the programme referred to in Article 1
are properly implemented. They shall undertake the checks and
impose the penalties provided for
in the programme in
accordance with Article 2(2)(f).

Article 3

Forwarding the programme

Article 7

Payment

The draft programme for 2005 shall be forwarded to the
Commission for approval not
later than 30 days after the
entry into force of this Regulation.

After the checks under Article 2(2)(f) have been carried out,
payments to beneficiaries under the programme shall be made
in full, once a year during the period starting on 1 December
and ending on 30 June of the following calendar year.

Any amendment to the programme for subsequent years shall
be forwarded to the Commission for approval not later than 15
September of the year preceding the calendar year from which
it is to apply.

Article 8

Annual report

Article 4

Financing the programme

Each year, not later than 15 July, the Member States shall
1.
send the Commission a report for the previous calendar year
containing in particular:

The Community shall finance the programme from the 2005
(EUR
calendar year up to the following annual amounts
million):

— Spain
— France
— Portugal

7,00
10,39
16,91.

(1) OJ L 141, 30.4.2004, p. 18.

(a) an indication of the extent to which the objectives assigned
to each of the measures contained in the programme have
been achieved, measured using the indicators referred to in
Article 2(2)(c);

(b) data on the annual supply balance of the region concerned
in particular, consumption, headage devel-

in terms of,
opments, production and trade;

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(c) data on the amounts actually granted for the implemen-
tation of programme measures on the basis of the criteria
defined by the Member States, such as the number of
eligible producers, the number of animals covered by the
the eligible area and the number of holdings
payment,
concerned;

(d) information about the financial execution of each measure

under the programme;

(e) statistics on the checks carried out by the competent autho-

rities and any penalties applied;

(f)

the comments of the Member State concerned on the imple-
mentation of the programme.

For the year 2006 the report shall contain an evaluation
2.
of the programme’s impact on livestock farming and the agri-
cultural economy of the region concerned.

CHAPTER III

AID SCHEME SPECIFIC TO THE AZORES

Article 9

Such applications shall include in particular:

(a)

the animal's identification number,

(b) a declaration by the consignor indicating the animal’s desti-

nation.

2.
Payment of the aid referred to in Article 22(9) of Regu-
lation (EC) No 1453/2001 may be effected between 1 January
and 31 December of the year concerned.

The Portuguese authorities shall notify the Commission
3.
not
later than 31 July each year for the previous calendar
year of the number of animals for which the aid was applied
for and granted.

CHAPTER IV

REPEAL AND FINAL PROVISIONS

Article 10

Repeal

Regulation (EC) No 170/2002 is hereby repealed.

Article 11

Aid for the disposal of young male bovines born in the
Azores

Entry into force and application

Applications for the aid referred to in Article 22(9) of
1.
Regulation (EC) No 1453/2001 shall be submitted by the
producer last responsible for keeping the animals during the
mandatory period before shipment.

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 January 2005.

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

Done at Brussels, 3 February 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission