23.5.96 Official Journal of the European Communities No L 125/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 894/96 of 29 April 1996 amending Regulation (EEC) No 805/68 on the common organization of the market in beef and veal, with regard to penalties THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parliament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas the European Parliament has delivered several opinions, in which it stated its support for both maintaining the total ban on growth promoters in stockfarming and reinforcing supervision, monitoring and penalties in connection with the ban; Whereas the administration of substances or products not authorized under the relevant Community regulations in the veterinary sector, in particular hormonal substances, presents a serious risk for human health; whereas experience acquired shows that as they are likely to affect the public perception of products obtained from bovine animals, the use of such substances or products may also disrupt the balance on the beef and veal market; whereas, taking into account its effects on meat yield, the illegal use of such substances is also likely to confer on the producers in question economic advantages liable to lead to market distortions; whereas a detailed examination of the current situation has revealed that the measures taken to date against the use of the said substances or products are insufficient to ensure compliance with the provisions on the matter; whereas the penalties in particular should be increased, (") OJ No C 302, 9. 11. 1993, p. 25 and OJ No C 222, 10. 8. 1994, p. 17. ) OJ No C 128, 9. 5. 1994, p. 101. () O] No C 52, 19. 2. 1994, p. 30. Whereas each producer must take full responsibility for ensuring that the animals on his holding are not the subject of illegal administration of the aforementioned substances or products; whereas in order better to accentuate the importance of that responsibility, it is necessary to lay down, that if prohibited substances or products, or authorized substances or products used illegally are detected in any of a producer’s bovine animals, the producer should be excluded for one year from the granting of any premium and/or compensatory allowance linked with his animals of the bovine species, with the possibility of the exclusion period being extended up to five years in the event of a repeated infringement; whereas in order not to compromise the effectiveness of such penalties, they should also be applied where unauthorized substances or products, or authorized substances or products which are illegally held are found on the holding, or where the producer impedes the performance of veterinary checks; Whereas Regulation (EEC) No 805/68 (%), should therefore be amended, HAS ADOPTED THIS REGULATION: Article 1 Article 4 j of Regulation (EEC) No 805/68 is hereby replaced by the following: ‘Article 4 j 1. Where residues of substances prohibited under Council Directives 81/602/EEC, 88/146/EEC, 88/299/EEC and 96/22/EC(*), or residues of substances authorized under the aforementioned acts but used illegally, are detected pursuant to the relevant  provisions of Directives 85/358/EEC, (*) OJ No L 148, 28. 6. 1968, p. 24. Regulation as last amended by Commission Regulation (EC) No 2417/95 (O] No L 248, 14. 10. 1995, p. 39). ~