Commission Regulation (EC) No 1117/2006 of  20 July 2006  on payment of the slaughter premium and additional payments under the veterinary measures prescribing the slaughter of animals in the Netherlands
Date: 2006-07-21
Institutions: European Commission
Subjects: Netherlands, bovine spongiform encephalopathy, cattle, foot-and-mouth disease, slaughter of animals, slaughter premium

21.7.2006

EN

Official Journal of the European Union

L 199/9

COMMISSION REGULATION (EC) No 1117/2006

of 20 July 2006

on payment of the slaughter premium and additional payments under the veterinary measures
prescribing the slaughter of animals in the Netherlands

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

live animals and products with a view to the completion
the internal market (3) and Regulation (EC) No
of
the
999/2001 of
Council of 22 May 2001 laying down rules for the
prevention, control and eradication of certain trans-
missible spongiform encephalopathies (4).

the European Parliament and of

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,

(5)

Whereas:

(1)

(2)

(3)

(4)

During the outbreaks,
in the Netherlands, of foot-and-
mouth disease in 2001 and bovine spongiform encepha-
lopathy in 2000 to 2003, bovine animals were sent for
slaughter in the slaughterhouse.

Payment of the slaughter premium as provided for in
Article 11 of Regulation (EC) No 1254/1999 and the
related additional payments as provided for in Article
14 of
that Regulation for livestock slaughtered in a
slaughterhouse was suspended by the Dutch authorities.
However, producers of those animals could have received
those direct payments provided that
eligibility
requirements for the animals concerned were met.

the

to satisfy the
expectations of
legitimate
In order
producers,
the slaughter premium and the additional
payments should be allowed to be paid up to 15
October 2006 for livestock slaughtered in a slaughter-
house during 2001 in the course of the foot-and-mouth
disease outbreak under Council Directive 85/511/EEC of
18 November 1985 introducing Community measures
for the control of foot-and-mouth disease (2).

For the same reason,
this possibility should also be
provided for in the case of livestock slaughtered in a
slaughterhouse during 2000, 2001, 2002 and 2003 as
part of the measures to control bovine spongiform ence-
phalopathy adopted under Council Directive 90/425/EEC
of 26 June 1990 concerning veterinary and zootechnical
checks applicable in intra-Community trade in certain

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

(EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 315, 26.11.1985, p. 11. Directive last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(3) OJ L 224, 18.8.1990, p. 29. Directive last amended by Directive
2002/33/EC of the European Parliament and of the Council
(OJ
L 315, 19.11.2002, p. 14).

(4) OJ L 147, 31.5.2001, p. 1. Regulation last amended by Commission

Regulation (EC) No 1041/2006 (OJ L 187, 8.7.2006, p. 10).

The provisions of Regulation (EC) No 1254/1999
governing direct payments were repealed by Council
Regulation (EC) No 1782/2003 (5) with effect from 1
January 2005. As a result, the measures provided for
in this Regulation may no longer be authorised on the
basis of those provisions, which raises a specific practical
problem.

(6)

Payments made under this Regulation should be granted
up to maximum ceilings and global amounts.

(7)

(8)

(9)

The amounts of the slaughter premium and the addi-
tional payments may have been included in the value
of
the animals selected for setting the compensation
granted under Council Decision 90/424/EEC of 26 June
1990 on expenditure in the veterinary field (6) and
Commission Decision 2001/652/EC of 16 August
2001 concerning a financial contribution towards the
eradication of foot-and-mouth disease in the Netherlands
in 2001 (7).
the slaughter
In that case payment of
premium and the additional payments would lead to
overcompensation of the beneficiaries. Provision should
be made for the competent authorities of the Netherlands
to ensure that this is not the case before granting the
slaughter premium and the additional payments.

In view of the fact that this Regulation is intended to
settle the situation relating to the years 2000 to 2003,
provision should be made for it
to enter into force
immediately.

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

(5) OJ L 270, 21.10.2003, p. 1. Regulation last amended by Regulation

(EC) No 953/2006 (OJ L 175, 29.6.2006, p. 1).

(6) OJ L 224, 18.8.1990, p. 19. Decision last amended by Decision

2006/53/EC (OJ L 29, 2.2.2006, p. 37).

(7) OJ L 230, 28.8.2001, p. 8.

L 199/10

EN

Official Journal of the European Union

21.7.2006

HAS ADOPTED THIS REGULATION:

Article 1

The slaughter premium and the additional payments may
1.
be granted in the Netherlands until 15 October 2006 for
livestock slaughtered in a slaughterhouse in 2001 under
Directive 85/511/EEC during the
foot-and-mouth disease
outbreak.

2.
The slaughter premium and the additional payments may
also be granted for livestock slaughtered in a slaughterhouse
under the measures to control bovine spongiform encepha-
lopathy under Directive 90/425/EEC and Regulation (EC) No
from 1
999/2001 during the period of application thereof,
January 2000 at the earliest to 31 December 2003 at the latest.

Article 2

1.
For the purposes of granting the slaughter premium, the
competent authority of the Netherlands shall ensure that the
animals met the following eligibility requirements at the time
of slaughter:

(a)

they must have been bulls, steers, cows and heifers from the
age of eight months;

(b) they must have been calves of more than one and less than

seven months old.

The premium shall be paid to producers who have kept animals
for a minimum retention period of two months ending less
than one month before slaughter.

2.
The slaughter premium shall be granted within the limit
of the unused part of the national ceiling of 1 207 849 adult
bovine animals and 1 198 113 calves each year.

The amount of the premium for each eligible animal as referred
to in paragraph 1(a) shall be EUR 27 for the 2000 calendar
year, EUR 53 for the 2001 calendar year and EUR 80 for the
2002 and 2003 calendar years.

The amount of the premium for each eligible animal as referred
to in paragraph 1(b) shall be EUR 17 for the 2000 calendar
year, EUR 33 for the 2001 calendar year and EUR 50 for the
2002 and 2003 calendar years.

Article 3

The competent authority of the Netherlands shall make the
additional payments per head and slaughter premium unit on
the basis of objective criteria including,
the
relevant production structures and conditions,
in such a way
as to ensure equal
treatment between producers and avoid
distortion of the market or competition. Such payments shall
not be linked to fluctuations in market prices.

in particular,

The additional payments shall be granted within the limit of the
unused part of a global amount of EUR 8,4 million for 2000,
EUR 16,9 million for 2001 and EUR 25,3 million each for
2002 and 2003.

Article 4

The slaughter premium and the additional payments shall be
granted provided that they have not been included in the value
used to determine the compensation paid for the animals
concerned
and Decision
2001/652/EC nor actually paid out in that respect.

under Decision

90/424/EEC

Article 5

This Regulation shall enter into force on the day of its publi-
cation 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, 20 July 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission