CELEX: 51993PC0614(01)
Language: en
Date: 1993-11-29
Title: Amended proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 805/68 on the common organization of the market in beef and veal

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(93) 614 final
                                                         Brussels, 29 November 1993
                                 Amended proposal for a
                              COUNCIL REGULATION (E 2)
                             amending Regulation (EEC)
       No 805/68 on the common organization of the market in beef and veal
                               Amended proposal for a
                             flffltNTll RFfitHAJION (E..C)
                           amending Regulation (EEC)
  No 3013/89 on the common prganization of the market in sheepmeat and
  goatmeat and Regulation (EEC) No 3493/90 laying down general rules for
  the grant of premiums to sheepmeat and goatmeat producers
         (presented by the Commission pursuant to Article 189A(2) of the EC-Treaty)
 ---pagebreak---                      EXPLANATORY MEMORANDUM
On 2 September 1993 the Commission presented to the Council two
proposals (Documents COM(93) 418 final and COM(93) 419 final)
concerning the beef and veal and sheepmeat and goatmeat sectors
respectively.
1. The amended proposal refers mainly to environmental protection
measures requested by the Council when adopting the agricultural
prices and related measures for 1993/94. In actual fact the
proposal relating to beef and veal already contained a provision
extending the application of the environmental clause to the
special premium on the basis of the wording adopted by the
Council regarding the suckler cow premium. The proposal relating
to sheepmeat and goatmeat, on the other hand, did not yet contain
the environmental clause since the Commission had expressed the
wish to consider further the question whether this measure was
likely to affect other sectors. Having considered the matter
further the Commission is now in a position to present a newly
worded proposal.
In the interests of consistency between the proposals being
presented simultaneously in the two sectors, the Commission
departments have prepared an identically worded proposal which
should result in the withdrawal of the reservation regarding
further consideration. The attached proposal concerning the beef
and veal sector consequently amends the earlier proposal with
regard to the environmental clause and the proposal concerning
sheepmeat and goatmeat includes such a clause based on the new
wording.
The substantive amendments to the proposal consist firstly in
imposing a Community obligation on the Member States to adopt
appropriate environmental measures if they consider such measures
necessary for attaining the objective of safeguarding the
environment and if Community law does not yet provide per se for
such measures.
Secondly, in order to prevent the national measures adopted
giving rise to discrimination between producers in different
Member States, it is proposed that in addition to the obligation
to notify the Commission there should be a further obligation not
to implement national provisions concerning penalties affecting
premiums until two months after notification to give the
Commission an opportunity of making an objection.
 ---pagebreak--- 2. The second part of the amended proposal concerns the deadline
for incorporating quantitative limits for the ewe premium. The
original proposal provided for incorporation with effect from the
1994 marketing year. Clearly the incorporation of quantitative
limits in the system of individual limits cannot be operational
at producer level before the start of the 1994 marketing year as
originally intended. The amended proposal takes account of this
administrative problem in the Member States and postpones the
effects of incorporation until the start of the 1995 marketing
year while allowing the Member States to recalculate the limits
during the 1994 marketing year. It provides aslo for certain
legal clarifications which make no changes of substance.
Lastly, to simplify the procedure which is concerned essentially
with the same environmental clause for both the beef and veal and
the sheepmeat and goatmeat sectors, a single proposal is being
presented for amending the two original proposals.
 ---pagebreak---  A. Amended proposal for a Council Regulation (E C) amending Regulation (EEC)
       No 805/68 on the common organization of the market in beef and veal
        (COM(93) 418 final of 2 September 1993)
B-  Amended proposal for a Council Regulation ( E C ) amending Regulation (EEC)
        No 3013/89 on the common organization of the market in sheepmeat and
        goatmeat and Regulation (EEC) No 3493/90 laying down general rules for
        the grant of premiums to sheepmeat and goatmeat producers
        <COM(93) 419 final of 2 September 1993).
        The proposal contained   in document COM(93) 418 final is amended as
        follows:
        The second recital is replaced by the following two recitals:
        "Whereas in accordance with Article 130r(2) of the Treaty environmental
        protection  requirements   must be   integrated   into the definition and
        implementation of the common agricultural policy for the beef and veal
        sector; whereas, however, it is the responsibility of the Member States
        to decide in the first instance which environmental measures relating
        to land used for the production of bovines are needed and to adopt, for
        the purpose of    ensuring   compliance  with   those measures*  penalties
        commensurate with the seriousness of a breach thereof; whereas the
 ---pagebreak---      Member States should be authorized to make provision as part of those
     penalties for the retention of all or part of the premiums; whereas,
     however, in view of the fact that the premiums are Community measures
     and in order to prevent discrimination between producers in different
     Member States, provision should be made that penalties affecting the
     premiums may be imposed only when the Commission has had an opportunity
     of expressing an opinion on the matter;
     Whereas, in the    interests of    legal clarity, the existing        provision
     relating to environmental measures for the suckler cow premium should
     be included in the new provisions applying to suckler cows and male
     bovines;"
Article 1(2) is replaced by the following:
     "2.     In Article 4g, the following paragraph 4a is added:
     "4a.  Member   States   shall,  if   they  consider    it    necessary,    adopt
     appropriate     environmental     protection     laws,     regulations       and
     administrative provisions relating to land used for the production of
     bovines. They shall impose penalties appropriate to and commensurate
     with the seriousness of any breach of these measures. Penalties may
     include the retention of all or part of the amounts accruing from the
     special   premium  scheme   and/or   the  suckler   cow   scheme    and/or   the
     additional amount.
     Member States shall notify the Commission of the measures in question.
     In addition, the provisions providing for the retention of all or part
     of the amounts may be applied only if the Commission has not made an
     objection   within  two months   following   the  date    of   receipt   of  the
     notification by the Commission."
                                           <v
 ---pagebreak--- B.   The proposal contained    in document COM(93) 419       final is amended as
     follows:
     A final recital is added as follows:
     "Whereas in accordance with Article 130r(2) of the Treaty environmental
     protection  requirements must    be  integrated    into the definition      and
     implementation of the common agricultural policy for the sheepmeat and
     goatmeat  sector; whereas, however, it       is the responsibility of the
     Member  States to   decide  in the    first   instance which     environmental
     measures relating to land used for the production of sheep and goats
     are needed and to adopt, for the purpose of ensuring compliance with
     those measures, penalties    commensurate     with  the seriousness    of   the
     infringement; whereas the Member States should be authorized to make
     provision as part of these penalties for the retention of all or part
     of  the  premiums; whereas, however,      in   view  of  the   fact  that   the
     premiums are Community measures and in order to prevent discrimination
     between producers in different Member States, provision should be made
     that penalties affecting the premiums may be imposed only when the
     Commission  has had   an opportunity    of expressing     an opinion   on   the
     matter;
     Article 1 is replaced by the following:
                                   "Article 1
Regulation (EEC) No 3013/89 is hereby amended as follows:
1. The first subparagraph of Article 5(7) is replaced by the following:
"Until  the  end  of  the  1994  marketing    year   premiums   for   producers   of
sheepmeat and goatmeat referred to in this Regulation shall be paid at the
full  rate within  the  limit of    1 000 animals    per producer     in the   less-
favoured areas within the meaning of Article 3(3), (4) and (5) of Directive
75/268/EEC and within the limit of 500 animals in other areas."
 ---pagebreak--- 2. The following paragraph is added to Article 5a:
"6. Member States shall recalculate the individual limits in such a way that
quantities above the limits of 500 and 1 000 referred to in Article 5(7) are
reduced by 50%. These recalculated limits shall apply with effect from the
1995 marketing year."
3. The following new article is inserted after Article 5c:
                                 "Article 5d
Member  States  shall,  if  they consider  it  necessary,  adopt  appropriate
environmental  protection  laws, regulations  and  administrative  provisions
relating to land used   for the production of sheep and goats. They shall
impose penalties appropriate to and commensurate with the seriousness of any
breach of these measures. Penalties may include the retention of all or part
of the amounts accruing from the ewe premium scheme and/or the goat premium
scheme.
Member States shall notify the Commission of the measures in question. In
addition, the provisions providing for the retention of all or part of the
amounts may be applied only if the Commission has not made an objection
within two months following the date of receipt of the notification by the
Commission."
 ---pagebreak---     FINANCIAL                       STATEMENT
                                                                     DATE:
1. BUDGET HEADING: Item 2122                                         APPROPRIATIONS: ECU 967 ml 11 ion
                    Item 2220                                                        ECU 1 580 mi 11 ion
2. TITLE: A. Proposal for a Council Regulation amending Regulation (EEC) No 805/68 on the ccnrmon
             organization of the market in beef and veal
   B. Proposal for a Counci I Regulation amending Regulation (EEC) No 3013/89 on the camcn organization
      of the market in sheepmeat and goatmeat and Regulation (EEC) No 3493/90 laying down general rules
      for the granting of premiums to sheepmeat and goatmeat producers
3. LEGAL BASIS:
   Articles 43 and 130r(3) of the Treaty
4. AIMS OF PROJECT:
   To include environmental protection requirements in the definition and implementation of the CAP in the
   beef and veaI, sheepmeat and goatmeat sectors
                                   Period of 12 months   Current Financial Year   Following Financial Year
5. FINANCIAL IM>LICATI0NS                 1993                   1994                     1995
5.0 EXPENDITURE
    - CHARGED TO THE EC BUDGET
    - (REFUNDS/INTERVENTION)
    - NATIONAL ADMINISTRATION
    -OTHER
5.1 REVENUE
    - OWN RESOURCES OF THE EC
       (LEVIES/CUSTOMS DUTIES)
    - NATIONAL
                                         1996                1997                1996                1999
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                                        YES
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?                    "     "
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                            NO
OBSERVATIONS:
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93)614final
                                                      DOCUMENTS
EN                                                                          14 03
                                Catalogue number : CB-CO-93-653-EN-C
                                                             ISBN 92-77-61878-7
Office for Official Publications of the European Communities
L-2985 Luxembourg
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