CELEX: 51996PC0242
Language: en
Date: 1996-05-29
Title: Proposal for a COUNCIL REGULATION (EC) providing for additional payments to be made in 1996 with the premia referred to in Article 4b(6) and Article 4d(7) of Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and veal and amending Article 4i(4) of that Regulation

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51996PC0242

Proposal for a COUNCIL REGULATION (EC) providing for additional payments to be made in 1996 with the premia referred to in Article 4b(6) and Article 4d(7) of Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and veal and amending Article 4i(4) of that Regulation  /* COM/96/0242 FINAL - CNS 96/0148 */  

Official Journal C 205 , 16/07/1996 P. 0012

Proposal for a  Council Regulation (EC) providing for additional payments to be made in 1996 with the premia  referred to in Article 4b (6) and Article 4d (7) of Council Regulation (EEC) No 805/68 on the  common organization of the market in beef and veal and amending Article 4i (4) of that  Regulation(96/C  205/06)COM(96) 242 final - 96/0148(CNS)(Submitted by the Commission on 3  May 1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty of the European Community, and in particular Articles 42 and 43  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Whereas Regulation (EEC) No 805/68  (1) provides for the payment of premia in respect of male  bovine animals and of suckler cows, designed to compensate producers for the consequences of a  reduction in the intervention price at the time of reform of the sector; Whereas the market for beef has been seriously disturbed as a result of consumer concerns in  relation to bovine spongiform encephalopathy (BSE) and with a view to assuring the future of the  sector, additional resources shall be made available; whereas in order to enable rapid payment and  to achieve the desired economic effect, such resources shall generally be made available in the  form of payments in addition to the premia due in respect of animals eligible in the 1995 calendar  year, as the necessary data is already available; whereas, however, producers shall only be  entitled to such additional payments to the extent that the number of eligible animals for which  they are entitled to premium in respect of the 1996 calendar year is not reduced as compared with  the 1995 calendar year; Whereas overpayments shall be set off against a producer's entitlement to premia in respect of the  1996 calendar year or, where this is not possible, repaid to the competent authority of the Member  State concerned; whereas the sum of money represented by such overpayments shall be allocated to  producers whose entitlement to premia in respect of the 1996 calendar year is greater than that in  respect of the 1995 calendar year, pro rata to their additional entitlement; Whereas the additional payments to producers who receive a premium may not, depending on the  particular production structure of a Member State, address fully the problems of certain producers;  whereas Member States should be given the possibility to make payments to such producers; whereas  the amount of money available to a Member State for this purpose should reflect the size, of its  bovine herd, excluding dairy cows; Whereas Regulation (EEC) No 805/68 provides for a processing premium payable in relation to male  calves removed from production before they exceed ten days old; whereas experience has shown that  the period between the time when a calf may be moved off a farm and its required removal from  production is extremely short; whereas it should therefore be made possible for the Commission to  allow an increase in the ten-day age limit in certain circumstances; HAS ADOPTED THE FOLLOWING REGULATION: Article 1 1.  A producer whose entitlement to beef special premium under  Article 4b of Regulation (EEC) No 805/68 in respect of animals kept in the 1995 calendar year is  established shall, subject to the provisions of paragraph 3, be entitled to an additional ECU 21  for each premium which he receives. The additional payment shall, where possible, be made together  with the payment of the premium referred to in Article 4b (6). 2.  A producer whose entitlement to suckler cow premium under Article 4d of Regulation (EEC) No  805/68 in respect of animals kept in the 1995 calendar year is established shall, subject to the  provisions of paragraph 3, be entitled to an additional ECU 25 for each premium which he receives.  The additional payment shall, where possible, be made together with the payment of the premium  referred to in Article 4d (7). 3.  Entitlement to the additional payments referred to in paragraphs 1 and 2 shall be subject to  the establishment of entitlement to premium for at least the same number of animals retained in the  1996 calendar year as that for which the producer concerned received additional payments in respect  of the 1995 calendar year. 4.  Member States shall take all the necessary measures to ensure that when the additional payments  are made to producers they are made aware of the fact that their entitlement to those payments is  subject to the condition set out in paragraph 3. Article 2 1.  Where the number of animals for which entitlement to premia is established in  relation to the 1996 calendar year is less than that for which a producer received additional  payments under Article 1, the part of the additional payments to which he was not entitled shall be  set off against his entitlement to premia under Regulation (EEC) No 805/68 for the 1996 calendar  year. 2.  Where a producer does not make an application for premia under Regulation (EEC) No 805/68 in  respect of the 1996 calendar year or where the premia to which he is entitled are insufficent to  make the set off referred to in paragraph 1, he shall be required to repay the additional payments  made under Article 1 to which he was not entitled. Article 3 Producers whose entitlement to premia in respect of the calendar year 1996 relates to  more animals than their entitlement in respect of the calendar year 1995 shall be eligible for  further additional payments. Such payments shall only be made: - to the extent that additional payments made to producers who were not eligible for them are  repaid or recouped, and- pro rata to the additional number of premia received in respect of the  1996 calendar year. Article 4 Member States may: (a) use the amounts set out in the Annex to make payments to producers in the beef and veal sector  who are facing acute problems as a result of the market situation, which are not fully addressed by  the measures referred to in Articles 1 to 3; and(b) pay national aid to such producers in addition  to the payments under point (a) to the extent that such national aid does not lead to the estimated  income loss being exceeded. Article 5 The conversion rate to be applied shall be the agricultural rate valid on 1 January  1996. Article 6 The measures introduced by this Regulation, with the exception of the national aid  referred to in Article 4, shall be deemed to be intervention intended to stabilize agricultural  markets within the meaning of Article 3 (1) of Regulation (EEC) No 729/70. The Community shall finance the expenditure incurred by Member States in relation to the payments  referred to in Article 1 and Article 4 (1) (a) only where such payments are made by them by 15  October 1996 at the latest. Article 7 In Article 4i (4) of Regulation (EEC) No 805/68 the following indent shall be added: '- may, on the basis of a duly justified application setting out adequate control measures to be  carried out, authorize a Member State to pay the premium referred to in paragraph 1 in respect of  animals withdrawn from production before exceeding the age of 20 days.`Article 8 Member States  shall take all the necessary measures to ensure compliance with the provisions of this Regulation. Article 9 Any detailed rules necessary for the application of this Regulation shall be adopted in  accordance with the procedure set out in Article 27 of Regulation (EEC) No 805/68. Article 10 This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all  Member States.(1)  OJ No L 114, 28. 6. 1968, p. 24. Regulation last amended by  .  .  .   ANNEX >TABLE>