CELEX: 31975R0848
Language: en
Date: 1975-04-01 00:00:00
Title: Regulation (EEC) No 848/75 of the Commission of 1 April 1975 laying down detailed rules for the application of the systems of premiums for producers of bovine animals

2 . 4. 75                               Official Journal of the European Communities                             No L 82/9
                             REGULATION (EEC) No 848/75 OF THE COMMISSION
                                                        of 1 April 1975
               laying down detailed rules for the application of the systems of premiums for
                                                 producers of bovine animals
THE COMMISSION OF THE EUROPEAN                                    use and/or destination of goods, as amended by Regu­
COMMUNITIES,                                                       lation (EEC) No 595/71 (6) ; whereas failing submis­
                                                                  sion of the control copy a slaughtering certificate may
Having regard to the Treaty establishing the European             be accepted as proof ;
Economic Community ;
Having regard to Council Regulation (EEC) No                      Whereas it may be established that through no fault
464/75 (') of 27 February 1975 establishing systems of            of the persons concerned these documents do not in
premiums for producers of bovine animals, and in                  certain cases reach the competent authorities of the
particular Articles 5 (2) and 7 thereof ;                         Member State granting the premium ; whereas it .
                                                                  would be unjust in such circumstances to refuse the
Whereas provision must be made to specify the frame­               premium by reason of the absence of proof of
work within which Member States are to take the
                                                                  slaughter ;
measures necessary to ensure that obligations under
the premium arrangements introduced by Regulation
( EEC) No 464/75 are properly fulfilled ;                         Whereas, in order to remedy this situation , provision
                                                                  should be made for proof of dis(,jtch to another
Whereas Article 1 of Regulation (EEC) No 464/75                    Member State to be acceptable also, given that to
specifies that premiums for certain adult bovine                   comply with Articles 2 and 6 of Directive No
animals for slaughter are to be granted in respect of              64/432/EEC animals must be slaughtered as soon as
Community origin ; whereas the concept of Commu­                   possible after their arrival in the Member State of desti­
nity origin is defined in Council Regulation (EEC) No              nation ; whereas however, the premium must not be
802/68 (2) of 27 June 1968 on the common definition                paid where it appears that the animals concerned have
of the concept of the origin of goods ; whereas it is              not been slaughtered ;
advisable also to require that only animals which have
been fattened for a sufficient length of time in the              Whereas steps must be taken , notably in the case of
Member States which grant those premiums may                       intra-Community trade, to ensure that meat from
qualify therefor ;                                                 animals in respect of which premiums provided for as
Whereas, in the intra-Community trade, animals for                 above have been granted cannot be bought in by inter­
slaughter must be slaughtered in accordance with the              vention agencies ;
provisions of Articles 2 and 6 of Council Directive No
64/432/ EEC (3) of 27 June 1964 on animal health                   Whereas it is necessary to fix the amounts of the
problems affecting intra-Community trade in bovine                 premiums referred to in Article 5 ( 1 ) and (3) of Regula­
animals and swine, as last amended by Directive No                 tion (EEC) No 464/75 in such a way as to comply
73/ 1 50/ EEC (4) ;                                                with the provisions of Article 5 (2) thereof ;
Whereas steps must be taken to ensure that it is the
producer who receives the premium, particularly                   Whereas the grant of the premium for cow retention
where adult bovine animals for slaughter are                       referred to in Article 5 of Regulation (EEC) No
dispatched from one Member State to another ;                      464/75 is subject to an undertaking by the producer to
                                                                   retain on his holding for a certain period the animals
Whereas provision should be made for administrative                in respect of which he has requested such premium ;
collaboration between Member States to ensure that                whereas it is consequently necessary to lay down provi­
the premium system is correctly applied in the case of             sions for the verification of such undertakings and for
intra-Community trade in animals qualifying for                    the recovery of premiums to which the recipient was
premiums provided for by Article 1 of Regulation                   not in fact entitled, due provision being however
(EEC) No 464/75, notably through the use of the                    made for cases of force majeure -,
control copy provided for by Commission Regulation
(EEC) No 2315/69 (5) of 19 November 1969 on the                    Whereas the premium referred to in Article 6 of Regu­
use of Community transit documents for the purpose                 lation (EEC) No 464/75 should be granted in respect
of applying Community measures for verifying the                   of   all calves   born    alive   in  the Member     State
                                                                   concerned ; whereas it is necessary for that purpose
(') OJ  No  L 52, 28 . 2. 1975, p. 5.                              that the premium be paid in two yearly instalments,
(2) OJ  No  L 148, 28 . 6. 1968, p. 1 .
(3) OJ  No  121 , 29. 7. 1964, p. 1977/64.                         the presence of the calf on the holding having in each
(«) OJ  No  L 172, 5. 6. 1973, p. 18 .
(5) OJ  No  L 295, 24. 11 . 1969, p. 14.                          (6) OJ No L 69, 23 . 3 . 1971 , p. 7 .
 ---pagebreak---    No L 82/ 10                            Official Journal of the European Communities                                2. 4. 75
  case first been established ; whereas in order to avoid            Where such provision is made, the Commission shall
   frauds it is also necessary to mark for identification            be informed .
  purposes the calves eligible for the premiums ;
                                                                     2. In such cases the amount to be paid in respect
  Whereas premiums financed by the Guarantee                         of the premium provided for in Article 1 (2) of Regula­
  Section "of the EAGGF constitute interventions on the              tion (EEC) No 464/75 shall be that applicable on the
  internal market within the meaning of Article 3 of                 day when the animals in question are first offered for
  Council Regulation (EEC) No 729/70 (') of 21 April                 sale for slaughter.
   1970 on the financing of the common agricultural
  policy, as last amended by Regulation (EEC) No                     All animals in respect of which premiums have been
  2788/72 (2) ;                                                      granted must be slaughtered as soon as possible, in
                                                                     any event within a period not exceeding 28 days from
  Whereas the measures provided for in this Regulation               the date on which they are first offered for sale and by
  are in accordance with the Opinion of the Manage­                  29 February 1976 at the latest. The Member States
  ment Committee for Beef and Veal,                                  concerned shall take measures to ensure that such
                                                                     animals :
                                                                     (a) are permanently marked in such a way as to rule
 HAS ADOPTED THIS REGULATION :                                           out the possibility of a second premium being
                                                                         granted, and
                          Article 1                                  (b) are slaughtered within the prescribed time limit.
  1 . Member States shall specify the categories, quali­             3.     The Member States shall take whatever action is
 ties and minimum weights of the animals which they                  necessary to ensure that in appropriate cases an
 regard as eligible for the premium provided for in                  amount equal to the premiums granted can be recov­
 Article 1 of Regulation (EEC) No 464/75. Such                       ered .
 minimum weights may not be lower than 330 kg live
 weight.
                                                                                            Article 4
 2.     Member     States  shall     establish     equivalences
 between slaughtered weight and live weight, account                Only animals of Community origin or animals which
 being taken of the form in which the carcase is                     have prior to slaughter been fattened for a period of at
 presented .                                                         least three months in Member States which apply the
                                                                     premiums provided for in Article 1 shall be eligible
                                                                    for such premiums .
                          Article 2
                                                                                            Article 5
 1 . Member States shall introduce control arrange­
 ments designed to ensure that it is the producer who
 receives the premium .                                              1 . In the case provided for in the first subparagraph
                                                                    of Article 2 (2) of Regulation (EEC) No 464/75, the
These arrangements must be such as to ensure that                   premiums provided for in the exporting Member State
 the producer is identified .                                       shall be granted only if the animals are slaughtered in
                                                                    accordance with Articles 2 and 6 of the Council Direc­
The Member States shall inform the Commission of                    tive of 26 June 1964.
 measures taken to this end .
                                                                    If the animals are fattened for a period of at least
2.      For the purpose of this Regulation , a 'producer'           three months in another Member State, the premiums
shall be the last owner of the animals before they are              provided for in that Member State shall be granted by
                                                                    the latter.
slaughtered or before they are first offered for sale for
slaughter, provided that he has owned the animals for
a period to be specified by each Member State .                     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 3                                 for in Article 1 of Regulation ( EEC) No 2315/69 .
 1 . Member States may provide for premiums as                      In the part of the control copy headed 'Additional
referred to in Article 1 to be granted when the                     Information ' sections 101 , 103 and 104 shall be
animals in question are first offered for sale for                  completed .
slaughter.
                                                                    Section 104 shall be completed by deleting as appro­
(■) OJ No L 94, 28 . 4 . 1970 , p . 13 .                            priate and entering against the second indent one ot
(2) OJ No L 295, 30 . 1 2. 1 972, p . 1 .                           the following endorsements :
 ---pagebreak---   2 . 4 . 75                        Official Journal of the European Communities                           No L 82/ 11
  'Slaughter — pursuant to the first indent of Article 2      2. However, Member States my provide that meat
  (2) of . Regulation (EEC) No 464/75';                       can be bought in without the proof required under
  'Slagtning — anvendelse af artikel 2, stk. 2, første led,    the preceding paragraph being furnished . In such
  forordning (EØF) Nr. 464/75' ;                               case, an amount equal to the sum of the premiums
  'Schlachtung — gemaft Artikel 2 Absatz 2 erster             operative on the day of slaughter shall be paid to the
  Gedankenstrich der Verordnung (EWG) Nr. 464/75' ;           competent authorities by the seller when meat from
                                                               animals eligible for a premium is offered for interven­
  'Abattage — application article 2 paragraphe 2              tion . •
  premier tiret règlement (CEE) No 464/75' ;
  'Macellazione — applicazione articolo 2, paragrafo 2,       Where such provision is made, the Member States
  primo trattino, regolamento (CEÈ) N. 464/75' ;               shall inform the Commission .
  'Slachting — Toepassing van artikel 2, lid 2, eerste
  streepje, van Verordening (EEG) nr. 464/75'.                 3 . Beef from animals slaughtered in a Member
                                                               State which applies the system of premiums intro­
  3.      Where, by reason of circumstances beyond the         duced by Regulation (EEC) No 464/75 but which does
  trader's control, the control copy cannot be produced        not carry out marking as provided in point (a) of the
  within two months following the date on which                second subparagraph of paragraph 1 may not be
  customs export formalities are completed, Member             bought in by intervention agencies in other Member
  States may, by way of derogation from paragraph 2,           States .
  accept as proof of slaughter the slaughtering certificate
  issued by the competent authority of the exporting
  Member State .                                                                         Article 7
  4. If it has not proved possible to furnish proof of         If the United Kingdom grants the premium provided
  slaughter in accordance with the preceding paragraphs        for in Article 1 (2) of Regulation ( EEC) No 464/75,
  within three months following the date of completion         Ireland and the United Kingdom shall take all neces­
  of customs export formalities, the exporting Member          sary measures to ensure that beef originating in
  State may grant the premium on receipt of proof that         Ireland and intended for consumption in the United
  such formalities have been completed before 1 July           Kingdom benefits from financial advantages identical
  1975 .                                                       to those resulting from the granting of that premium
                                                               on beef from animals slaughtered in the United
  Provided that, if the exporting Member State has good
                                                               Kingdom .
  grounds for suspecting that the animals concerned
  have not been slaughtered in that Member State under
  the conditions laid down in the first subparagraph of                                  Article 8
  paragraph 1 , it may refuse to grant the premium .
                                                               1 . The amount to be borne by the EAGGF in
  The amount of the premium shall in such cases be             respect of the premium for cow retention provided for
  that valid on the day on which customs export formali­       in Article 5 ( 1 ) of Regulation (EEC) No 464/75 shall
  ties were completed .                                        be 9-941 units of account per cow present on the
                                                               recipient's holding at the reference date 4 March
                          Article 6                            1975 .
  1.      Beef from animals slaughtered in a Member
                                                               2. The amount of the national supplementary
  State which applies the premiums introduced by
                                                               premium provided for in Article 5 (3) of Regulation
  Article 1 of Regulation (EEC) No 464/75 or from
                                                              (EEC) No 464/75 shall be 18-462 units of account per
  animals slaughtered as provided in Article 5 may be
                                                               cow present on the recipient's holding at the refer­
  bought in by intervention agencies only if proof is          ence date laid down in paragraph 1 .
. furnished that such meat comes from an animal in
  respect of which no premium has been granted .               3 . The amount of the premiums referred to in the
  To enable such proof to be furnished arrangements            preceding paragraphs shall be payable in respect of a
  consisting in one or other of the following systems          maximum of 15 cows per holding. The Member States
  shall be adopted ;                                           concerned may lay down additional conditions for the
                                                              granting of such premiums .
  (a) the placing at the time of slaughter of a mark on
        meat from animals in respect of which a premium
        has been granted, or                                                             Article 9
  (b) the issue of certificates declaring that the meat
        concerned comes from animals in respect of             1 . Every recipient of a premium as referred to" in
      , which no premium has been granted .                   Article 8 shall be . under an obligation , subject to the
                                                               maximum laid down in Article 8 (3), to retain on his
  Each Member State shall forward to the Commission            holding until 15 November 1975 a number of cows at
  and to the other Member States specimens of the              least equal to that in - respect of which such premium
  marks used for the above purpose .                          was granted to him .
 ---pagebreak--- No L 82/ 12                          Official Journal of the European Communities                              2 . 4 . 75
2. The provisions of Articles 17 and 18 of Regula­                                     Article 13
tion (EEC) No 1821 /73 shall apply in respect of                1 . Member States which grant the premiums
premiums as referred to in Article 8 .                         provided for in Article 1 of Regulation (EEC) No
                                                               464/75 shall, not later than 15 days after the end of
                          Article 10                           the week to which the information relates, inform the
                                                               Commission of the number of animals broken down
1 . The premium referred to in Article 6 of Regula­
tion (EEC) No 464/75 may be granted only if the                by category as determined pursuant to Article 1 of the
competent authority is satisfied that the calf was born        present Regulation , in respect of which entitlement to
alive in the Member State concerned .                          the premium was established during the week in ques­
                                                               tion and also of the amount of the supplementary
2.    A first instalment of 28 units of account shall be       national premium as provided for in Article 1 (2) of
paid at the latest within 60 days following the date on        the said Regulation (EEC) No 464/75.
which the application is approved by the competent             2. The Member States which grant the premiums
authority.
                                                               provided for in Article 4 of Regulation (EEC) No
3.    A second instalment of 28 units of account shall         464/75 shall , not later than a month after the end of
be paid at the latest during the twelfth month                 the month to which the information relates, inform
following the date on which the application is                 the Commission of the number of animals in respect
approved by the competent authority and after verifica­        of which entitlement to the premium was established
tion by this authority that the calf was alive one year        during the month in question .
after birth .
                                                                                       Article 14
                          Article 11                           The premiums recovered by the Member States in the
                                                               cases provided for in Articles 3 (3) and 6 (2) shall, to
Animals eligible for the premium referred to in                the extent that expenditure in respect thereof has
Article 10 shall be identified by an indelible mark or         been charged to the Community, be set off against the
any equivalent permanent system of marking.                    expenditure to be borne by the Guarantee Section of
                                                               the EAGGF .
                          Article 12
                                                                                       Article 15
Member     States   shall   inform   the  Commission    of
measures taken to implement the present premium                This Regulation shall enter into force on the day of its
arrangements not later than 10 days following the day          publication in the Official Journal of the European
on which such measures are put into effect.                    Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 1 April 1975.
                                                                        For the Commission
                                                                          P.J. LARDINOIS
                                                                    Member of the Commission