Commission Regulation (EC) No 2734/2000 of 14 December 2000 amending Regulation (EEC) No 1627/89 on the buying-in of beef by invitation to tender and derogating from or amending Regulation (EC) No 562/2000 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef

Commission Regulation (EC) No 2734/2000
of 14 December 2000
amending Regulation (EEC) No 1627/89 on the buying-in of beef by invitation to tender and derogating from or amending Regulation (EC) No 562/2000 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as amended by Commission Regulation (EC) No 907/2000(2), and in particular Articles 38(2) and 47(8) thereof,
Whereas:
(1) Commission Regulation (EEC) No 1627/89 of 9 June 1989 on the buying-in of beef by invitation to tender(3), as last amended by Regulation (EC) No 2652/2000(4), opens buying-in by invitation to tender in certain Member States or regions of a Member State for certain quality groups.
(2) Recent events involving bovine spongiform encephalopathy (BSE) have provoked a serious loss of consumer confidence in the safety of beef and veal. This has led to a sharp drop in beef consumption and a significant decline in prices, which may well last for some time. As a result, the market for beef and veal is severely disrupted and there is a risk that it might collapse entirely. Urgent support measures are therefore required in accordance with Article 38(1) of Regulation (EC) No 1254/1999.
(3) In view of the market situation described above and to improve the effectiveness of the measures to be taken, additional products should be accepted into intervention, carcases of animals which have had to be kept for a longer period than usual due to low demand and which exceed the maximum permitted weight should be accepted and, finally, the increase to be applied to the average market price in order to calculate the maximum buying-in price should be adjusted temporarily to take account, in particular, of increased costs and reduced receipts in the sector.
(4) Commission Regulation (EC) No 716/96 of 19 April 1996 adopting exceptional support measures for the beef market in the United Kingdom(5), as last amended by Regulation (EC) No 1176/2000(6), adopted special measures in respect of bovine animals reared in the United Kingdom which are more than 30 months old. Those measures comprise the slaughtering and subsequent destruction of such cattle. Castrated animals from the United Kingdom exceeding that age are not therefore eligible for public intervention. Moreover, Commission Decision 2000/764/EC(7) lays down that all bovine animals over 30 months of age subject to normal slaughter for human consumption are to be examined by one of the approved rapid tests listed in Annex IV(A) to Commission Decision 98/272/EC(8), as amended by Decision 2000/374/EC(9), as of 1 July 2001 at the latest. Animals that have not been subject to those tests may not therefore be accepted into public intervention with a view to subsequent disposal on the market.
(5) For intervention to develop its full impact, a second special invitation to tender should be opened for the month of December 2000. To this end, an additional deadline should be laid down for the submission of tenders and a delivery period fixed.
(6) In view of the problems of recording prices where there is very little activity in the market and taking into account Community price trends, it may be necessary to assume that the average Community market price, as referred to in the first indent of Article 47(3) of Regulation (EC) No 1254/1999, is less than 84 % of the intervention price and that the latest weekly market price recorded is sufficient to open the second invitation to tender for December 2000.
(7) In order to deal with the further disturbance of the market which may result from the entry onto the market of substantial numbers of male store animals originating in the Community, which have been kept on their holdings of origin due to a lack of demand and for which these holdings no longer have fodder, the necessary support measures should be adopted and buying-in of carcases from such animals permitted. Moreover, to prevent the buying-in of animals almost ready for market, a limit should be placed on the weight of eligible carcases under these arrangements. To avoid granting duplicate aid, a mechanism should be introduced making full payment of the buying-in price conditional on the producer not having applied for the special premium referred to in Article 4 of Regulation (EC) No 1254/1999 for the animal concerned. Finally, further additions to or derogations from the normal intervention scheme as laid down by Regulation (EC) No 1254/1999 are also needed.
(8) Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(10), as amended by Commission Regulation (EC) No 2258/2000(11), introduces a compulsory beef labelling system with which intervention products must comply.
(9) Certain provisions of Commission Regulation (EC) No 562/2000(12) should accordingly be derogated from or amended.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,