COMMISSION REGULATION (EC) No 2583/95 of 3 November 1995 amending Regulation (EEC) No 2814/90  laying down detailed rules for the definition of lambs fattened as heavy carcases
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common  organization of the market in sheepmeat and goatmeat  (1), as last amended by Regulation (EC) No  1265/95  (2), and in particular Articles 5 (9) and 28 thereof,
Having regard to Council Regulation (EEC) No 3901/89 of 12 December 1989 defining lambs as heavy  carcases  (3), as last amended by Regulation (EC) No 1266/95  (4), and in particular Article 1 (2)  thereof,
Whereas detailed rules for the definition of lambs fattened as heavy carcases were adopted by  Commission Regulation (EEC) No 2814/90  (5), as last amended by Regulation (EC) No 2134/95  (6);  whereas experience has shown that, to avoid excessive administrative burdens, it is appropriate to  restrict, in a manner respectful of the production cycles of each Member State, the number, size  and time period in which producers may present specific declarations to the competent authorities  of their intention to fatten batches of lambs;
Whereas, to harmonize the dates of premium application for producers benefiting from the derogation  provided for in the second subparagraph of Article 1 (1) of Regulation (EEC) No 3901/89 with regard  to lambs belonging to particular breeds in certain geographical areas while respecting the need for  suitable controls, the content and time for submission of a specific notification for that purpose  should be defined; whereas the control measures and penalties ensuing from inadequacies in the said  specific declarations should be foreseen;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Sheep and Goats,
Regulation (EEC) No 2814/90 is amended as follows:
1.  the third subparagraph of Article 1 (1) is replaced by the following text:
'Member States may require that this specific declaration shall relate to a minimum number of lambs  per batch whose fattening begins in a set period, between 15 November preceeding the beginning of  the marketing year for which the declaration is submitted and the following 14 November, defined by  each Member State in function of the production cycle applicable in its territory. Member States  may also set a limit to the minimum number of specific declarations which may be accepted from any  producer.`;
2.  the following subparagraphs are added to Article 2 (1):
'However, in Member States where lambs are not normally fattened until after the beginning of the  marketing year, the Member States may decide that premium applications be submitted in the course  of a period set within the period of 1 November preceding the beginning of the marketing year and  the following 31 March. In this case, the producer shall submit to the competent authorities not  later than the day on which lambing begins, a specific notification giving the details described in  the three indents of the first subparagraph. This notification shall be referred to in the premium  application for the marketing year in respect of which this notification was submitted.
The competent authorities designated by the Member State shall institute measures to check these  specific notifications. Such measures shall include on-the-spot inspections at the place of lambing  of at least 10 % of those producers submitting notifications in respect of any marketing year.  However, in the case where producers notify that more than 40  % of their ewes lamb outside the  retention period, the competent authorities shall take appropriate measures to ensure that 50  % of  the abovementioned inspections on those producers take place outside the retention period.`;
3.  the last subparagraph of Article 2 (2) is replaced by the following text:
'Where the competent authority finds that the information contained in the specific notification or  in the premium application pursuant to paragraph 1 constitutes a false notification made  deliberately or through serious negligence, the producer concerned shall also lose the right to the  premium in accordance with Article 5 (3) of Regulation (EEC) No 3013/89 for the marketing year in  respect of which the false notification is found to have been made.`
This Regulation shall enter into force on the day following its publication in the  Official Journal of the European Communities.
It shall apply to applications for premiums presented for the 1996 marketing year and subsequent  years.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.