Commission Regulation (EC) No 1540/2005 of 22 September 2005 on the application of the beef special premium scheme in 2004 in Ireland and the United Kingdom
Date: 2005-09-22
Institutions: European Commission
Subjects: Ireland, United Kingdom, agricultural guidance, aid system, cattle, derogation from EU law

L 247/10

EN

Official Journal of the European Union

23.9.2005

COMMISSION REGULATION (EC) No 1540/2005

of 22 September 2005

on the application of the beef special premium scheme in 2004 in Ireland and the United Kingdom

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular the second indent of Article 50
thereof,

Whereas:

(1)

(2)

that Regulation,

to Article 4(1) of Regulation (EC) No
Pursuant
1254/1999, producers holding male bovine animals on
their holdings could qualify for a special premium.
According to Article 4(2) of that Regulation, the special
premium was granted in two age brackets. Under the
‘first age bracket’, set out in Article 4(2)(a) and (b), first
indent, of
the special premium was
granted once in the life of each bull from the age of
nine months, or, for steer, the first time at the age of
nine month. Under the ‘second age bracket’, set out in
Article 4(2)(b), second indent, of that Regulation, the
special premium was granted, for steers, for a second
time after it reached the age of 21 months. Pursuant
to Article 4(4) of
that Regulation, when the total
number of bulls from the age of nine months and of
steers from nine months to 20 months of age, for which
an application was made
and which satisfied the
conditions for granting the special premium exceeded
the regional ceiling as referred to in Annex I to that
in the
Regulation, the number of all eligible animals,
first and the second age bracket, per producer for the
year in question was to be reduced proportionately.

Following the decision taken by Ireland and the United
Kingdom to implement, as from 1 January 2005, the
Single Payment Scheme provided for in Council Regu-
lation (EC) No 1782/2003 of 29 September 2003 estab-
lishing common rules for direct support schemes under
the common agricultural policy and establishing certain
support schemes for farmers and amending Regulations
(EC) No
(EEC) No 2019/93,
(EC) No 1868/94,
1453/2001,
(EC) No
(EC) No 1251/1999,

(EC) No 1452/2001,

(EC) No 1254/1999,

(EC) No 1454/2001,

(3)

(4)

(5)

and

2358/71

(EEC) No

from the special premium for

(EC) No
1673/2000,
2529/2000 (2), a large number of
farmers wished to
benefit
their eligible
bovine animals before the end of the scheme on 31
December 2004. Consequently, the number of animals
for which an application was made in respect of the
calendar year 2004 was considerably higher than in the
previous years.

The increase in the number of applications in respect of
the calendar year 2004 in Ireland and the United
Kingdom for animals under the first age bracket was
considerably higher than in the year 2003 and led to
an excessive overshoot of
regional
ceilings. Compared to the previous years, an increase of
aid applications submitted in respect of animals falling
within the second age bracket also had to be noted.
However, that increase was considerably lower than the
increase of applications for animals under the first age
bracket.

respective

the

the fact

In accordance with Article 4(4) of Regulation (EC) No
1254/1999,
the regional
the excessive overshoot of
ceiling would result in a proportionate reduction of all
the
aid applications. Taking account of
that
scheme ended on 31 December 2004,
the actual
purpose of a proportionate reduction of applications
for animals under the second age bracket is no more
pertinent because the animals claimed under the first
the
age bracket will no more be claimable under
second age bracket. Applying the reduction provided
for in Article 4(4) of Regulation (EC) No 1254/1999
to both age brackets would, therefore, lead to a dispro-
portionate penalisation of producers who applied,
in
2004, for animals under the second age bracket. The
expiry of the Special Premium Scheme in Ireland and
the United Kingdom on 31 December 2004 has
therefore created a specific practical problem on the
market which needs to be resolved in order to avoid
disproportionate consequences for those farmers.
It is,
therefore, necessary to take the appropriate measures to
decrease the penalisation-effect on these producers.

To limit, in respect of the calendar year 2004 in Ireland
and the United Kingdom, the impact of the reduction
resulting from the excessive overshoot
in respect of
animals under the first age bracket on those under the
second, the payments of the special premium for animals
under the second age bracket should be set equal to the
average number of payments in respect of animals in the
same age bracket for which payments of the premium
were made during the calendar years 2001, 2002 and
2003.

(1) OJ L 160, 26.6.1999, p. 21. Regulation last amended by Regulation

(EC) No 1782/2003.

(2) OJ L 270, 21.10.2003, p. 1. Regulation last

amended by
Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005,
p. 15).

23.9.2005

EN

Official Journal of the European Union

L 247/11

(6)

(7)

(8)

in respect of

to Article 13(1) of Regulation (EC) No
Pursuant
1254/1999, producers receiving the special premium
could qualify for an extensification payment, provided
that
the calendar year concerned the
holdings concerned met the stocking density laid down
in Article 13(2) of that Regulation. The extensification
payment should be granted for
the animals in the
second age bracket accepted for the special premium
which were held in holdings meeting the stocking
density laid down in Article 13(2) of that Regulation.

Pursuant to the first indent of Article 22(2) of Regulation
(EC) No 1254/1999, payments were to be made not later
than 30 June 2005. However, given the particular
the Special
circumstances arising from the expiry of
Premium Scheme,
abovementioned exceptional
payments should be made not later than 15 October
2005.

the

The Management Committee for Beef and Veal has not
delivered an opinion within the time limit set by its
Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

maximum number of animals referred to in the second indent
of Article 4(2)(b) of that Regulation, for which payments of the
special premium may be made in respect of the calendar year
2004, shall be as follows:

— Ireland: 849 400,

— United Kingdom: 938 100.

2.
the
The extensification payment may be granted for
animals referred to in the second indent of Article 4(2)(b) of
Regulation (EC) No 1254/1999 accepted to the
special
premium which are held in holdings meeting the stocking
density laid down in Article 13(2) of that Regulation.

3.
By way of derogation from the first indent of Article 22(2)
of Regulation (EC) No 1254/1999, the payments referred to in
paragraphs 1 and 2 shall be made not later than 15 October
2005.

Article 2

1.
No 1254/1999,

By way of derogation from Article 4(4) of Regulation (EC)
in Ireland and in the United Kingdom, the

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

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

Done at Brussels, 22 September 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission