CELEX: 51989PC0059
Language: en
Date: 1989-02-07
Title: Amended Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 805/68 on the common organization of the market in beef and veal and repealing Regulation (EEC) No 1302/73#Amended Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 468/87 laying down general rules applying to the special premium for beef producers #Amended for a Proposal COUNCIL REGULATION (EEC) amending Council Regulation (EEC) No 1357/80 introducing a system of premiums for maintaining suckler cows and repealing Regulation (EEC) No 1199/82#(presented by the Commission pursuant to Article 149(3) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 59
Vol. 1989/0020
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
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with Article 5 of the aforementioned regulation or are considered declassified in conformity with
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION O F THE EURO PE AN COMMUNITIES
                                                 COM(89)59 final
                                                 Brussels , 7 February 1989
                          Amended Proposal for a
                         COUNCIL REGULATION ( EEC )
amending Regulation ( EEC ) No 805 / 68 on the common organization of the
  market in beef and veal and repealing Regulation ( EEC ) No 1302/ 73
                          Amended Proposal for a
                        COUNCIL REGULATION ( EEC )
    amending Regulation ( EEC ) No 468 /8787 laying downgeneral rules
           applying to the special premiumpremium for beef producers^
                                         R           3
                                                 Sorti du Secrétariat    ,
                                                        Général       //
                          Amended Proposal
                                         'ION ( EEC)
                        COUNCIL REGULATION
      amending Council Régulation ( EEC ) No 1357 / 80 introducing
         a system of premiums for maintaining suckler cows and
                  repealing Regulation ( EEC ) No 1199 /82
        ( presented by the Commission pursuant to Article 149(3 )
                               of the EEC Treaty )
 ---pagebreak---                                      Amended Proposal for a
                              COUNCIL REGULATION ( EEC ) No       / 88
                                     of
  amending Regulation ( EEC ) No 805 / 68 on the common organization of the market in
               beef and veal and repealing Regulation ( EEC ) No 1302 / 73
   (submitted by the Commission to the Council pursuant to the third paragraph of
    Article 149 of the EEC Treaty ).
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Article 43 thereof .
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas Article 6 of Council Regulation ( EEC ) No 805 / 68 of 27 June 1968 on the
common organization of the market in beef and veal ^ ^ , as last amended by
                                 (2)
Regulation ( EEC ) No      / 88       , provided for public buying in as the main
instrument for support of the market in beef and veal ; whereas Article 6a of this
\                      ■
Regulation provided for a temporary scheme for a period from 6 April 1987 to
31 December 1988 the aim of which was to reduce recourse to intervention and to
restore to that facility its original function as a safety net ; whereas , however ,
these temporary arrangements have failed to curb the quantities sent to
intervention , mainly because buying-in is an automatic facility and because the
buying-in price calculation procedures have entailed heavy sales to the agencies
at prices exceeding the market price : whereas the long-term outlook for
production is such that these sales are unlikely to decline ; whereas the efforts
already made to restore order on this market by further restricting sales to
intervention must therefore be pursued ;
( 1 ) OJ No L 148 , 28.6.1968 , p. 24 .
( 2 ) OJ No L     ,      1988 , p.
4542 / 89                                                  dey / AH / lr EN
                                                                                  1
 ---pagebreak--- Whereas , accordingly , while the conditions governing activation of intervention
related to market price levels in the Community and in the Member States should
be retained , with adaptation of the thresholds , this scheme should now also allow
of control of the quantities bought in on the basis of an annual overall quantity
not to be exceeded except in cases of abnormal market situations , and its
operation should be subject to an assessment of the need to ensure reasonable
support of the market on the basis , in particular , of seasonal changes in
production ; whereas , for this purpose , a system of buying-in by tendering
procedures under which prices and quantities would be determined on the basis of
the tenders received is appropriate to requirements ;
Whereas , for beef and veal , prices and production conditions vary very widely
from one Member State to another : whereas , as a result , a facility may be needed
whereby these quantities and prices can be fixed by Member State or region of a
Member State ;
Whereas alteration of the intervention arrangements will necessitate maintenance
beyond 31 December 1988 of the special premium scheme provided for in Article 4a
of Regulation ( EEC ) No 805 / 68 , which has proved an effective method of support
for farmers * incomes , and its extension to the Member States operating until that
date the calf premium and the variable slaughter premium ;
Whereas alteration of the intervention arrangements will also necessitate the
repeal of Council Regulation ( EEC ) No 1302 / 73 of 15 May 1973 laying down general
                                                           (3)
rules for intervention on the market in beef and veal           . as last amended by
Regulation ( EEC ) No 427 / 77 ( 4 > ,
( 3 ) 0J No L 132 , 19.5.1973 , p. 3 .
( 4 ) OJ No L 61 , 5.3.1977 , p. 16 .
4542 / 89                                                dey / AH / lr   EN
                                                                                   2
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                                        Article 1
Regulation ( EEC ) No 805 / 68 is hereby amended as follows :
1 . In Article 4a :
    - paragraph 1 shall be replaced by the following :
       ”1 . Beef and veal producers shall qualify , in respect of a given number and
            certain categories of animals held on their farms , for a special
            premium ."
    The premium shall be paid once only for each animal ; it shall be paid to the
    producer , or paid back to the producer .
    - paragraph 2 shall be deleted ;
    Paragraph 3 shall become paragraph 2 and paragraph 4 shall become paragraph 3 .
2 . Article 6 shall be replaced by the following :
                                         " Article 6
    1 . Where the conditions laid down in paragraph 2 are met , buying-in by
        intervention agencies in one or more Member States or in a region of a
        Member State of one or more categories , qualities or quality groups , to be
        determined , of fresh or chilled meat falling under subheadings 0201 10 and
        0201 20 11 to 0201 20 59 of the Combined Nomenclature may be organized
        under tender procedures arranged with a view to ensuring reasonable support
        of the market , having regard to seasonal developments as regards       _
        slaughterings .  The total quantity bought in under such arrangements shall
        not exceed 220 000 tonnes per year for the entire Community .
4542 / 89                                               dey / AH / lr EN
                                                                                3
 ---pagebreak--- 2 . For each quality or quality group that may be bought in , the tender procedures
    may be opened as provided in paragraph 7 whenever , in a Member State or in a
    region of a Member State the following two conditions are both met for a
    period of two consecutive weeks :
    - the average Community grading market price recorded on the basis of the
       Community scale for the carcases of adult bovine animals is less than 88°<, of
       the intervention price ;
    - the average market price recorded on the basis of a said scale in the Member
       State or States or region of a Member State is less than 84% of the
       intervention price .
    The intervention price shall be set before the start of each marketing year in
    accordance with the procedure laid down in Article 43(2 ) of the Treaty .
3 . Tender arrangements for one or more qualities or quality groups shall be
    suspended in any one of the following three situations :
    - where the maximum quantity referred to in paragraph 1 has been reached ;
    - where , for two consecutive weeks , the two conditions referred to in
       paragraph 2 are no longer both met ;
    - where buying-in is no longer appropriate in view of the criteria set out in
       paragraph 1 .
4^42 / 89                                              dey / AH / lr EN
                                                                               4
 ---pagebreak--- 4 . Where the maximum quantity referred to in paragraph l is reached , tender
    procedures can be reopened according to the procedure laid down in paragraph 7
    in the Member State or Member States or region of a Member State if one of the
    following two situations arises :
    - the conditions set out in paragraph 2 being met , exceptional circumstances
       are ascertained :
    - for two consecutive weeks , the average Community market price and the
       average market price recorded on the basis of the Community grading scale
       for carcased adult bovine animals fall short of 84% and 80% of the
       intervention price , respectively .
5 . Intervention shall also be opened if , for a period of two consecutive weeks ,
    one ol' the following two situations obtains :
    - in at least three Member States or regions of a Member State representing
       overall 55% or more of Community production of young bovine animals or oxen
       the market price recorded for these carcases on the basis of the Community
       grading scale for carcases of adult bovine animals falls short of 80% of thc-
       intervention price ; in this case buying-in shall take place in the Member
       States or regions where the price level is below this limit ;
    - the average Community market price recorded on the basis of the Community
       grading scale for carcases of adult bovine animals falls short of 78% of the
       intervention price for a specific category ; in this case buying-in shall
       take place in the Member States where the price level is below this average .
4542 / 89                                              dey / AH / 1 r EN
                                                                               5
 ---pagebreak---     For these purchases , any offers at or below 80% of the intervention price
    shall be accepted .  Quantities bought in these circumstances shall not be
    counted against the maximum quantity referred to in paragraph 1 .
6 . Without prejudice to paragraph 5 , for each quality or quality group eligible
    for intervention , the buying-in prices and the quantities accepted for
    intervention shall be determined under tendering procedures and may be fixed
    by Member State or region of a Member State on the basis of recorded average
    market prices .
    The tender procedures must ensure equality of access for all persons
    concerned .  They shall be opened on the basis of specif iciations to be
    determined .
7 . Under the procedure provided for in Article 27 :
    - the categories , qualities or quality groups of products eligible for
       intervention shall be determined :
    - the opening or reopening of tender procedures and their suspension in the
       case referred to in the last indent of paragraph 3 shall be decided ;
    - the buying-in prices and the quantities accepted for intervention shall be
       f lxed :
    - the procedures implementing this Article and in particular those designed to
       prevent market prices spiralling downward , shall be adopted .
    The Commission shall decide on :
4542 / 89                                              dey / AH / 1 r fc'N
                                                                               6
 ---pagebreak---               • ·-<· /
    - openingy;intervention as referred to in paragraph 5 and suspending it where
       the condition laid down in that provision no longer applies ;
       suspending buying-in as referred to in the first and second indents of
       paragraph 3 .
                                          Article 2
   Regulation ( EEC ) No 1302 / 73 is hereby repealed .
                                          Article 3
   Before 1 April 1991 the Council will review the maximum quantity laid down in
   Article 6(1 ) of Regulation ( EEC ) No 805 / 68 in the light of experience , and
   market prospects .
                                          Article 4
   This Regulation shall enter into force on the third day following its
   publication in the Official Journal of the European Communities .      It shall
   apply from 3 April 1989 onwards .
   This Regulation shall be binding in its entirety and directly applicable in
   all Member States .
   Done at Brussels ,
                                                     For the Council
4542 / 89                                                dey / AH / lr EN
                                                                                  7
 ---pagebreak---                                   Amended Proposai for a
                           Council Regulation ( EEC ) No       / 89
                                        of
        amending Regulation ( EEC ) No 468 / 87 laying down general rules applying
                         to the special premium for beef producers
        (submitted by the Commission to the Council pursuant to the third paragraph
          of Article 149 of the EEC Treaty ).
THE COUNCIL OF THE EUROPEAN COMMUNITIES .
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 805 / 68 of 27 June 1968 on the common
organization of the market in beef and veal , < 1 ) as last amended by
                                   (2)
Regulation ( EEC ) . ./ 89 ,           and in particular Article 4a thereof .
Having regard to the proposal from the Commission ,
Whereas in compensation for the changes in the intervention arrangements
specified in Article 6 of Regulation ( EEC ) No 805 / 68 the amount of the special
premium for beef producers specified in Article 4a of that Regulation and the
number of qualifying animals per holding should be increased ;
Whereas from 3 April 1989 the special premium for beef producers introduced By
Article 4a of Regulation ( EEC ) No 805 / 68 will be applicable throughout the
Community ;
Whereas Council Regulation ( EEC ) No 1346 / 86 of 6 May 1986 on the granting of a
calf birth premium in Greece , Ireland , Italy and Northern Ireland and on the
                                                            (3)
granting of an additional national premium in Italy ,             as last amended by
Regulation ( EEC ) No            , expires on 2 April 1989 ; whereas there is in
consequence no longer any justification for the reduction in the premium amount
in Ireland specified in Article 2(2 ) of Regulation ( EEC ) No 468 / 87 of
                     (4)
10 February 1987          or for the derogation specified in Article 2(3 ) of that
Regulation ;
( 1 ) OJ No L 148 , 28.6.1968 , p. 24 .
( 2 ) OJ No L
( 3 ) OJ No L 119 , 8.5.1986 , p. 39 .
( 4 ) OJ No L 48 . 17.2.1987 , p. 4 .
4542 / 8 *»                                                dey / AH / lr   EN
                                                                                   - 8 -
 ---pagebreak--- Whereas Member States should be allowed , in line with normal commercial practice ,
to grant the premium on slaughter or when the animals are first placed on the
market for slaughter ; whereas appropriate rules on granting of the premium and on
surveillance must be laid down and these must include administrative measures to
ensure that the restriction on the number of qualifying animals is complied with ;
whereas it is also necessary to ensure that the premium is passed back to the
producer ,
HAS ADOPTED THIS REGULATION
                                        Article 1
Regulation ( EEC ) No 468 / 87 is hereby amended as follows :
1 . Article 2 shall be replaced by the following :
                                        " Article 2
    1 . The premium referred to in Article 4a of Regulation ( EEC ) No 805 / 68 shall
        be granted at the request of producers for male cattle of at least nine
        months which they have fattened on their holdings ; it shall be restricted
        to 90 animals per calendar year per holding .
        Animals shall qualify only once in their life .
        Only animals which are at least six months old at the date of the lodging
        of a request for a premium may be the subject of such a request .
        However . Member States may raise the minimum age for animals' eligibility
        to 12 months , and in this case , provide that animals for which a premium is
        requested must be at least nine months old on the date the request is
        lodged .
    2 . The premium amount shall be 40 ECU per male animal .
        The amount shall be paid in a single instalment ."
4542 / 89                                               dey / AH / lr EN
                                                                                  9
 ---pagebreak--- 2 . Article 4 shall be replaced by the following :
                                          " Artide 4
    1 . Notwithstanding the second subparagraph of Article 2(1 ) and Article 3(1 )
        and ( 3 ), Member States may decide to grant the premium , in their territory ,
        on the slaughter of animals .
        In this case :
        ( a ) male animals with a carcase weight of at least 200 kg shall qualify
              irrespective of age ;
        ( b ) Member States may stipulate that premium requests be lodged after each
              slaughtering .
    2 . Notwithstanding the third subparagraph of Article 2(1 ) and Article 3(1 ),
        Member States may decide to grant the premium , in their territory , when
        animals are first placed on the market for slaughter .
        In this case :
        ( a ) only animals which are at least nine months old at the date of the
              lodging of a request for a premium may be the subject of such a
              request ;
        ( b ) requests shall be lodged at the time of the social placing on the
              market .
    3 . Where paragraphs 1 and 2 apply :
        ( a ) Member States shall adopt the administrative procedures necessary to
              guarantee that the premium is passed back in full to the producer who
              first placed the animals on the market for slaughter ;
        ( b ) premium requests must be accompanied by a declaration certifying , to
              the satisfaction of the competent authorities of the Member State , that
              the producer referred to under ( a ) has carried out the fattening , and
              where paragraph 1 applies , by proof of slaughter of the animal for
              which the premium is requested ;
4542 / 89                                                 dey / AH / 1 r EN
                                                                                   10
 ---pagebreak---          ( c ) the competent authorities shall , in order to ensure that the
               restriction on the number of qualifying animals is observed , keep for
               each producer receiving the premium a record of the animals on which
               the premium has been given .
3 . Article 5(c ) shall be replaced by the following :
    "( c ) procedure for monitoring the number of male animals declared , compliance
            with the conditions referred to in Article 3(1 ), in particular the length
            of time the cattle are kept on the holdings in order to ensure sufficient
            control , and Article 4".
4 . The following Article shall be inserted :
                                            "Artide 5a
    Before 1 April 1991 , the Council will review the implementation of Article 4
    of this Regulation ."
                                             Article 2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities . It shall be applicable to requests
lodged as from 3 April 1989 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at
                                                          For the Council
4542 / 89                                                 dey / AH / lr EN
                                                                                  1 1 -
 ---pagebreak---                                    Amended Proposai for a
                          Council Regulation ( EEC ) No         / 89
                                    of
          amending Council Regulation ( EEC ) No 1357 / 80 introducing a system
                of premiums for maintaining suckler cows and repealing
                               Regulation ( EEC ) No 1199 / 82
          (submitted by the Commission to the Council pursuant to the third
           paragraph of Article 149 of the EEC Treaty ).
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and in
particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
Having regard to the Opinion of the Economic and Social Committee ,
Whereas the premium amounts specified in Council Regulation ( EEC ) No 1357 / 80 of
5 June 1980 ,       as last amended by Regulation ( EEC ) No            ( *" * and in
Council Regulation ( EEC ) No 1199 / 82 of 18 May 1982 on the granting of an
additional premium for maintaining suckler cows in Greece , Ireland and
Northern Ireland , * ^ as last amended by Regulation ( EEC ) No                    , are
applicable up to 2 April 1989 ;
Whereas the premium amount granted under Regulation ( EEC ) No 1357 / 80 must be
specified for the period beginning 3 April 1989 ;
Whereas the economic circumstances that led to the introduction of the additional
premium in Greece , Ireland and Northern Ireland persist ; whereas an additional
premium should therefore continue to be granted ; whereas the amount of the
Community 's financial contribution from 3 April 1989 should be set ; whereas for
the sake of simplicity the provisions on this matter should be incorporated in
Regulation ( EEC ) No 1357 / 80 and Regulation ( EEC ) No 1199 / 82 repealed ;
Whereas this system of premiums should include all producers who raise suckler
cows ,
HAS ADOPTED THIS REGULATION :
( 1 ) OJ No L 140 , 28.6.1980 , p. 1 .
( 2 ) OJ No L                 , p.
( 3 ) OJ No L 140 , 20.5.1982 , p. 30 .
4542 / 89                                                   dey / AH / lr        EN
                                                                                         - 12 -
 ---pagebreak---                                           Artide 1
The first subparagraph of Article 3(1 ) of Regulation ( EEC ) No 1357 / 80 shall be
replaced by the following :
  "The amount of the premium shall be 40 ECU per suckler cow held by the producer
   on the day on which the application was lodged ."
                                          Article 2
The following subparagraph shall be added to Article 3(2 ) of
Regulation ( EEC ) 1357 / 80 :
  "Should Greece , Ireland and Northern Ireland make use of this option the first
   20 ECU per cow , granted to producers shall be financed by the EAGGF Guarantee
   Section ."
                                          Article 3
Article 5(1 ) ( a ) of Regulation ( EEC ) No 1357 / 80 shall be replaced by the
following :
  "( a ) An individual farmer , whether a natural or legal person , who farms on the
          territory of the Community and who raises cattle ;"
                                          Article 4
Regulation ( EEC ) No 1199 / 82 is hereby repealed .
                                          Article 5
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It should be applicable to requests lodged as from 15 June 1989 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at
                                                                     For the Council
4542 / 89                                                   dey / AH / lr    EN
                                                                                     13