CELEX: 31974R2163
Language: en
Date: 1974-08-14 00:00:00
Title: Regulation (EEC) No 2163/74 of the Commission of 14 August 1974 laying down detailed rules for the application of the system of premiums for the orderly marketing of certain adult bovine animals for slaughter

No L 226/30                               Official Journal of the European Communities                            15 . 8 . 74
                              REGULATION (EEC) No 2163/74 OF THE COMMISSION
                                                         of 14 August 1974                           %
               laying down detailed rules for the application of the system of premiums for the
                          orderly marketing of certain adult bovine animals for slaughter
THE COMMISSION OF THE EUROPEAN                                       Whereas provision should be made for administrative
 COMMUNITIES,                                                         collaboration between Member States to ensure that
                                                                      the premium system is correctly applied in intra­
 Having regard to the Treaty establishing the European                Community trade in animals qualifying for a
 Economic Community ;                                                 premium, notably through the use of the control copy
                                                                      provided for by Commission Regulation (EEC) No
 Having regard to Council Regulation (EEC) No                         231 5/69 (7) of 19 November 1969 on the use of
 805/68 ('), of 27 June 1968 on the common organiza­                  Community transit documents , for the purpose of
 tion of the market in beef and veal , as last amended                applying Community measures for verifying the use
by Regulation (EEC) No 1855/74 (2), and in particular                 and/or destination of goods, as amended by Regula­
Articles 22a (3) and 25 thereof ;                                     tion (EEC) No 595/71 («) ;
 Having regard to Council Regulation (EEC) No                         Whereas steps must be taken, notably in intra­
 1 967/74 (3) of 23 July 1974 introducing a system of                 Community trade, to ensure that meat from animals
 premiums for the orderly marketing of certain adult                  in respect of which a premium has been granted is
 bovine animals for slaughter, and in particular Article              not bought in by intervention agencies ;
 4 (2) thereof ;
                                                                     Whereas the measures provided for in this Regulation
Whereas Member States have wide discretion as to the                  are in accordance with the Opinion of the Manage­
extent to which they implement the premium system                     ment Committee for Beef and Veal ,
 introduced by Regulation (EEC) No 1967/74 ; whereas
 the framework within which Member States are to
 take the measures necessary to ensure that obligations
                                                                      HAS ADOPTED THIS REGULATION :
under the premium are properly fulfilled must be
specified ;
                                                                                                 Article 1
Whereas Article 1 of Regulation (EEC) No 1967/74
specifies that the premium for certain adult bovine                   1 . Member States shall specify the categories, quali­
animals for slaughter is granted to animals of Commu­
                                                                      ties and lower weight limits of the animals which they
 nity origin ; whereas the concept of Community
                                                                      regard as eligible for the premium for the orderly
 origin is defined in Council Regulation (EEC) No
                                                                      marketing of certain adult bovine animals. These
 802/68 (4) of 27 June 1968 on the common definition
of the concept of the origin of goods ; whereas adult
                                                                     weight limits may not be lower than 330 kg live
bovine animals which have been fattened for a suffi­                 weight.
cient length of time in the Community should also be                  2. Member States shall establish equivalences
deemed to be of Community origin ;
                                                                      between slaughtered weight and live weight, account
                                                                     being taken of the form in which the carcase is
Whereas, in intra-Community trade, animals for
                                                                      presented .
slaughter must be slaughtered in accordance with the
 provisions of Articles 2 and 6 of Council Directive No
64/432/ EEC (5) of 26 June 1964 on animal health                                                 Article 2
problems affecting intra-Community trade in bovine
animals and swine, as last amended by Directive No                    1 . Member States which exercise the option
73/ 1 50/ EEC (6) ;                                                   provided for by Article 1 of Regulation (EEC) No
                                                                      1967/74 shall introduce control systems to ensure that
Whereas steps must be taken to ensure that it is the                  it is the producer who receives the premium .
producer who receives the premium , particularly
where adult bovine animals for slaughter are                         The systems chosen must be such as to ensure that
dispatched from one Member State to another ;                        the producer is identified .
(') OJ  No  L 148 , 28 . 6 . 1968 , p. 24.                           The Member States shall inform the Commission of
(2) OJ  No  L 195 , 18 . 7 . 1974, p. 14.                             measures taken to that end .
(3) OJ  No  L 206, 27. 7. 1 974, p. 1 .
(4) OJ  No  L 148 , 28 . 6 . 1968 , p. 1 .
(5) OJ  No  121 , 29 . 7. 1964, p . 1977/64.                         ( 7) OJ No L 295, 24 . 11 . 1 969 , p. 1 4 .
(*) OJ  No  L 172, 5 . 6 . 1973 , p. 18 .                            ( s) OJ No L 69 , 23 . 3 . 1971 , p. 7 .
 ---pagebreak---  15 . 8 . 74                        Official Journal of the European Communities                          No L 226/31
2. For the purpose of this Regulation, a 'producer                '— slaughter — pursuant to the first indent of
shall be the last owner of the animals before they are                 Article 2 (3) of Regulation (EEC) No 1967/74 ;'
slaughtered or before they are first offered for sale for         '— slagtning — anvendelse af artikel 2, stk. 3,
slaughter, provided that he has owned the animals for                  ferste led, forordning (E0F) nr. 1 967/74
a period to be specified by each Member State .                   '— Schlachtung — gemafl Artikel 2 Absatz 3 erster
                                                                       Gedankenstrich der Verordnung (EWG) Nr.
                         Article 3                                      1967/74 ;'
 1 . Member States may provide for the premium to                 '— abattage — application article 2 paragraphe 3
be granted from the date on which the animals are                      premier tiret reglement (CEE) n° 1967/74 ;'
first offered for sale for slaughter.                             '— macellazione — applicazione articolo 2, para­
                                                                      grafo 3, primo trattino, regolamento (CEE) n .
Where such provision is made, the Commission shall                     1967/74
be informed.
                                                              '— Slachting — Toepassing van artikel 2, lid 3, eerste
2. In such case the premium to be paid shall be the                 streepje, van Verordening nr. 1967/74 ;'
premium operative when the animals are first offered          3 . Where, by reason of circumstances beyond the
for sale for slaughter.                                       trader's control, the control copy cannot be produced
All animals in respect of which a premium has been            within two months following the date on which
granted must be slaughtered within 15 days of the             customs export formalities are completed, Member
date on which they are first offered for sale and by 28       States may, by way of derogation from paragraph 2,
February 1975 at the latest. The Member States                accept as proof of slaughter presentation of the
concerned shall take measures to ensure that such             slaughtering certificate issued by the competent
animals :                                                     authority of the exporting Member State.
(a) are permanently marked to rule out the possibility                                  Article 6
      of a second premium being granted, and
(b) are slaughtered within the prescribed time limit.          1 . Beef and veal from animals slaughtered in a
                                                              Member State which applies the premium system
The Member States shall take whatever action is neces­
                                                              introduced by Regulation (EEC) No 1967/74 or from
sary to ensure that, should need arise, an amount             animals slaughtered as provided for in Article 5 shall
equal to the premium granted can be recovered.                be bought in by intervention agencies only if proof is
                                                              furnished that such meat comes from an animal in
                        Article 4                             respect of which no premium has been granted.
Only animals of Community origin or animals which           s The proof shall be established by placing at the time
have prior to slaughter been fattened in the Commu­           of slaughter a mark on meat coming from animals in
nity for a period of at least three months shall be elig­     respect of which a premium has been granted .
ible for a premium .
                                                              Each Member State shall forward to the Commission
                        Article 5
                                                              and the other Member States specimens -of the marks
                                                              used for that purpose.
1 . In the case provided for in the first subparagraph        2. However, Member States may provide that meat
of Article 2 (3) of Regulation (EEC) No 1967/74, the          can be bought in without the proof required under
premium shall be paid by the exporting Member State           the preceding paragraph being furnished. In such
if the animals are slaughtered in accordance with Artir       case, an amount equal to the premium operative on
cles 2 and 6 of the Council Directive of 26 June 1964.        the day of slaughter shall be paid to the competent
If the animals are fattened for a period of at least          authorities by the seller when meat from animals elig­
three months in another Member State, the premium             ible for a premium is offered for intervention .
shall be paid by that Member State.                           Where such provision is made, the Member States
                                                              shall inform the Commission .
2. In the case provided for in the first subparagraph
of paragraph 1 above, proof of slaughter shall be
furnished by production of the control copy provided                                    Article 7
for in Article 1 of Regulation (EEC) No 2315/69 .
                                                               1 . The amount of the premium may be reduced, as
Sections 101 , 103 and 104, which appear in the               provided for, only if market prices show a clear
control copy under the heading Additional Informa­            upward trend .
tion , shall be completed.
                                                              2. Application of the premium system may be
Section 104 shall be completed by deleting as appro­          suspended, as provided for, only if the condition speci­
priate and entering against the second indent one of          fied in paragraph 1 is satisfied over a sufficiently repre­
the following endorsements :                                  sentative period .
 ---pagebreak--- No L 226/ 32                       Official Journal of the European Communities                            15 . 8 . 74
                        Article 8                            entitlement to the premium was established during
                                                             the week in question, broken down by category as
1 . Member States which exercise an option                   determined pursuant to Article 1 .
provided for in Article 1 of Regulation (EEC) No
1967/74 shall inform the Commission of measures
taken to implement the premium system not later                                       Article 9
than 10 days following the day on which such
measures are put into effect.                                This Regulation shall enter into force on the third day
                                                              following its publication in the Official Journal of
2. The Member States referred to in paragraph 1               the European Communities.
shall, not later than 15 days after the end of the week
to which the information relates, inform the Commis­          It shall apply, except for Article 5, from 5 August
sion of the number of animals in respect of which             1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 14 August 1974.
                                                                       For the Commission
                                                                           The President
                                                                      Francois-Xavier ORTOLI