L 194/4 Official Journal of the European Communities 18.7.2001 COMMISSION REGULATION (EC) No 1458/2001 of 17 July 2001 derogating from certain provisions of Regulations (EEC) No 2700/93 and (EC) No 23421999 as regards the application of the premium schemes in the sheepmeat and goatmeat and beef and veal sectors and amending Regulation (EC) No 2342/1999 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2467/98 of 3 November 1998 on the common organisation of the market in sheepmeat and goatmeat ('), as amended by Regulation (EC) No 1669/2000 (3, and in particular Article 5(6) thereof, Having regard to Council Regulation (EC) No 12541999 of 17 May 1999 on the common organisation of the market in beef and veal (), and in particular Article 4(8), Article 6(7), Article 11(5), Article 13(5) and the second indent of Article 50 thereof, Whereas: (1)  Outbreaks of foot-and-mouth disease that have appeared in several Member States have triggered certain measures under Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applic- able in intra-Community trade in certain live animals and products with a view to the completion of the internal market (*, as last amended by Directive 92/ 118/EEC (°), and Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (¢), as last amended by the Act of Accession of Austria, Finland and Sweden. () Those measures impose restrictions on movements of animals in certain regions. This might give rise to situa- tions where the producers are no longer able to meet some of their obligations under Commission Regulation (EEC) No 2700/93 of 30 September 1993 on detailed rules for the application of the premium in favour of sheepmeat and goatmeat producers (7), as last amended by Regulation (EC) No 394/2001 (%), and Commission Regulation (EC) No 2342/1999 of 28 October 1999 laying down detailed rules for the application of Council Regulation (EC) No 12541999 on the common organ- isation of the market in beef and veal as regards premium schemes (°), as last amended by Regulation (EC) No 192/2001 (*%). The Member States must there- fore be allowed to derogate temporarily from certain rules applicable under normal circumstances to the extent necessary to ensure the effectiveness of the veter- 312, 20.11.1998, p. 1. 193, 29.7.2000, p. 8. 160, 26.6.1999, p. 21. 224, 18.8.1990, p. 29. 62, 15.3.1993, p. 49. 315, 26.11.1985, p. 11. 245, 1.10.1993, p. 99. 58, 28.2.2001, p. 9. 281, 4.11.1999, p. 30. J L 29, 31.1.2001, p. 27. NS =373 S sl enlenll el el i i M ) 3 o0LLLLL0000 223 TEEEEE = ( (" 11 12! ) 0] L oj L inary measures concerned. These derogations also apply to situations resulting from the application of the above measures where animals are slaughtered as a result of a veterinary decision taken on animal-welfare grounds. As regards the premiums for ewes and she-goats provided for in Article 5 of Regulation (EC) No 2467 98, to take account of the special situation of producers one or more of whose animals have been slaughtered before the last day of the retention period as a result of the application of those veterinary measures, the premium on the animals concerned should be granted, provided that a check has shown that had the animals concerned not been slaughtered, they would have met the conditions for eligibility laid down in the definitions given in Article 1(4) and (5) of Council Regulation (EEC) No 3493/90 of 27 November 1990 laying down general rules for the granting of premiums to sheepmeat and goatmeat producers (1), as last amended by Regulation (EC) No 2825/2000 (*2). As regards the special premium for male bovine animals and the suckler-cow premium provided for in respec- tively Articles 4 and 6 of Regulation (EC) No 1254/ 1999, to take account of the special situation of produ- cers one or more of whose animals have been slaugh- tered during the retention period as a result of the application of the veterinary measures referred to above, the special premium and the suckler-cow premium should be granted on the animals covered by those measures. As regards the extensification payment provided for in Article 13 of Regulation (EC) No 1254/1999, where animals are kept on the holding as a result of a ban on movement decided by the veterinary authorities because of an epizootic disease, a flat-rate correcting coefficient is to be applied to the number of livestock units recorded on the holding during the period concerned for as long as that decision applies with a view to deter- mining the stocking density pursuant to Article 32(11) of Regulation (EC) No 2342/1999. In order to take account of the impact of the veterinary measures of extended duration on the number of livestock units, it should be made possible to increase the abovementioned flat-rate correcting coefficient after those measures have been in force beyond a given length of time. 337, 4.12.1990, p. 7. 328, 23.12.2000, p. 1.