CELEX: 31990R3562
Language: en
Date: 1990-12-11 00:00:00
Title: Commission Regulation (EEC) No 3562/90 of 11 December 1990 amending regulation (EEC) No 2814/90 laying down detailed rules for the definition of lambs fattened as heavy carcasses

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31990R3562

Commission Regulation (EEC) No 3562/90 of 11 December 1990 amending regulation (EEC) No 2814/90 laying down detailed rules for the definition of lambs fattened as heavy carcasses  

Official Journal L 347 , 12/12/1990 P. 0011 - 0012

COMMISSION REGULATION (EEC) No 3562/90   of 11 December 1990   amending Regulation (EEC)  No 2814/90 laying down detailed rules for the definition of lambs fattened as heavy carcasesTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common  organization of the market in sheepmeat and goatmeat  (1), and in particular Article 5 (9)  thereof,  Having regard to Council Regulation (EEC) No 3901/89 of 12 December 1989 defining lambs fattened  as heavy carcases  (2), and in particular Article 1 (2) thereof,  Whereas the detailed rules for the definition of lambs fattened as heavy carcases have been laid  down by Commission Regulation (EEC) No 2814/90  (3); whereas provision should be made for measures  to prevent and penalize irregularities and frauds as regards declarations relating to the fattening  of lambs;  Whereas the Management Committee for Sheep and Goats has not delivered an opinion with the time  limit set by its chairman,  HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2814/90 is hereby  amended as follows:  1.  the following paragraphs are added to Article 1:  '6.  If the number of lambs actually eligible as a result of the check as referred to in paragraph  3 is less than that given in the corresponding specific declaration, the producer shall not be able  to receive the premium for the heavy category within the meaning of Article 5 (4) of Regulation  (EEC) No 3013/89, subject to paragraphs 7, 8 and 9 of this Article.  7.  If the reduction in the number of lambs is attributable to natural circumstances in the life  of the flock, the premium for the heavy category shall be paid on the basis of the number of lambs  actually eligible, on condition that this reduction and its cause be entered in the fattening  register provided for in paragraph 2 and communicated to the competent authority at the end of the  fattening period of the batch concerned.  8.  In cases where the reduction is due to force majeure, the premium for the heavy category shall  be granted on the basis of the number of eligible lambs at the time the case of force majeure  occurred, on condition that this reduction and its cause be entered in the fattening register  provided for in paragraph 2 and communicated to the competent authority at the end of the fattening  period of the batch concerned. The incidences of force majeure shall be examined case by case,  taking into account the actual circumstances referred to and the evidence submitted.  9.  In cases where the difference between the number of lambs actually eligible and the number  declared, where applicable after deduction of the cases referred to in paragraphs 7 and 8, is less  than or equal to 20  %, the premium for the heavy category, less 15  %, shall be paid on the basis  of the number of eligible lambs, provided that, in the view of the competent authority, no false  declaration made deliberately or as a result of serious negligence is involved.  10.  If, in the event of paragraph 6 being applied, the competent authority finds that this was as  a result of a false declaration made deliberately or of serious negligence, the producer in  question shall also lose entitlement to the premium within the meaning of Article 5 (3) of  Regulation (EEC) No 3013/89, for the marketing year for which the false declaration is discovered.  11.  In order to verify the minimum percentage of 40  % provided for in Article 5 (4) of  Regulation (EEC) No 3013/89, the number of lambs actually eligible, increased by the cases of  natural circumstances referred to in paragraph 7 of this Article will be taken into account.`;  2.  the following paragraphs are added to Article 2:  '5.  If the number of lambs actually eligible as a result of the control measures referred to in  paragraph 3 is less than that resulting from application of the index provided for in Article 1  (5), after deduction of the natural circumstances provided for in paragraph 4 and cases of force  majeure, the producer shall not be able to receive the premium for the heavy category within the  meaning of Article 5 (4) of Regulation (EEC) No 3013/89, subject to paragraph 6 of this Article.  The cases of force majeure must be communicated to the competent authority at the end of the period  referred to in paragraph 2, and shall be examined case by case, taking into account the actual  circumstances referred to and the evidence submitted.  6.  If the difference referred to in paragraph 5 is less than or equal to 20  %, the premium for  the heavy category, less 15  %, shall be paid for all the eligible ewes, provided that, in the view  of the competent authority, no false declaration made deliberately or as a result of serious  negligence is involved.  7.  If, in the event of paragraph 5 being applied, the competent authority finds that the  information contained in the premium application, pursuant to paragraph 1, constitutes a false  declaration made deliberately or as a result of serious negligence, the producer in question shall  also lose entitlement to the premium within the meaning of Article 5 (3) of Regulation (EEC) No  3013/89, for the marketing year for which the false declaration is discovered.` Article 2 This  Regulation shall enter into force on the day of its publication in the Official Journal of the  European Communities.  It shall apply to premiums to be granted in respect of the 1991 marketing year, for which  applications have not yet been submitted. This Regulation shall be binding in its  entirety and directly applicable in all Member States.  Done at Brussels, 11 December 1990. For the Commission   Ray MAC SHARRY   Member of the Commission