Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal
26. 6. 1999 EN Official Journal of the European Communities L 160/21 COUNCIL REGULATION (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof, Having regard Commission (1), to the proposal from the Having regard to the opinion of Parliament (2), the European Having regard to the opinion of the Economic and Social Committee (3), Having regard to the opinion of the Committee of the Regions (4), Having regard to the opinion of Auditors (5), the Court of (1) Whereas the operation and development of the common market in agricultural products should be accompanied by the establishment of a common agricultural policy in particular a common organisation of agricultural markets which may forms depending on the product; to include various take (2) Whereas the aim of the common agricultural policy is to attain the objectives set out in Article 33 of the Treaty; whereas, in the beef and veal sector, in order to stabilise markets and to ensure the standard of agricultural community, provision should be made for internal market measures comprising, in particular, direct payments to beef producers, private storage aid and a public storage scheme; living fair for a of on the these the products competitiveness international markets, level of market support should be gradually reduced; whereas, given the consequences for producers, the level of income aid provided for under the common market organisation should be adapted and reshaped; whereas, to that end, it is appropriate to establish a comprehensive scheme of direct payments for producers; whereas the amounts of these payments should develop in parallel with the gradual reduction of market support; (4) Whereas, given the variety of stockfarming enterprises, direct payments should include a special premium for producers of bulls and steers, a premium for maintaining suckler cow herds and a slaughter premium available for all types of bovine animals including dairy cows and calves; whereas the granting of the premiums should not be reflected by an increase in overall production; whereas, to that end, the number of male bovine animals and suckler cows eligible for special and suckler cow premiums should be limited by applying respectively regional and individual ceilings and, in the case of the special premium, a headage limit per holding which Member States to should have modulate in the light of their specific situation; whereas, as the slaughter premium, national ceilings should be established on the basis of historic production figures; the power regards (5) Whereas the conditions of steer production usually differ from those of bull production; whereas it is therefore justified to set the special premium for steers at a different level per animal the special than for bulls; whereas, however, premium for steers should be split into two payments for specific age brackets; (3) Whereas, in rebalance meat consumption in the Community to the benefit of the and the improve sector order beef to to (1) OJ C 170, 4. 6. 1998, p. 13. (2) Opinion delivered on 6 May 1999 (not yet published in the Official Journal). (3) OJ C 407, 28. 12. 1998, p. 196. (4) OJ C 93, 6. 4. 1999, p. 1. (5) OJ C 401, 22. 12. 1998, p. 3. of this production (6) Whereas slaughtering too great a number of steers during the slaughtering season in Member is type States where particulary important, could disturb the stability of the market and, in particular, lead to a fall in market the slaughter of steers outside the annual off grass’ an additional premium should be period, granted, subject to certain conditions, in addition to the special premium for animals slaughtered out of season during the first 23 weeks of the year; prices; whereas encourage to L 160/22 EN Official Journal of the European Communities 26. 6. 1999 (7) Whereas, in order to give more flexibility to producers, eligibility for suckler cow premium should be extended to heifers meeting the same breeding requirements as suckler cows; whereas, however, the number of eligible heifers in suckler cow herds should be limited to the normal ratio of replacement; whereas Member States where more than 60 % of the animals eligible to suckler cow premium are kept in mountain areas, should be authorised to manage the premium separately for suckler cows and heifers and, as regards heifers, to operate a separate national premium ceiling within the above ratio; (8) Whereas the suckler cow premium should in principle be restricted to producers who do not supply milk to dairies under the additional levy scheme provided for by Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and sector (1); whereas, however, milk products income support may also needed in the case of holdings with a dairy herd and a suckler cow herd; whereas suckler cow premium should therefore also be granted for small and medium- sized mixed holdings with a total individual milk reference quantity of not more than 120 000 the kilograms; whereas, of variety the Community, production Member States should have the power to change or waive this quantitative limitation on the basis of objective criteria; given in structures (9) Whereas, as regards the suckler cow premium, it is appropriate to maintain individual ceilings for producers; whereas some of the premium rights conferred by the individual ceilings have not been used in the past; whereas these unused rights would be likely to encourage production and increase expenditure, in particular, as a consequence of heifers becoming fully eligible for suckler cow premium; whereas to avoid such an effect, the total number of suckler cow premium rights of each Member State should be fixed on the basis of the premium payments actually made in respect of historical reference years, increased by a certain margin for maintaining the national reserve; whereas Member States should take the necessary measures to ensure the respect of if necessary, the individual ceilings of their producers without compensation according to certain objective criteria; whereas their national ceilings; whereas, they should adjust (1) OJ L 405, 31. 12. 1992, p. 1. Regulation as last amended by Regulation (EC) 1256/1999 (See page 73 of this Official Journal). these criteria should ensure, in particular, equal treatment of the producers concerned and the protection of legitimate expectations; (10) Whereas a producer’s level of production may vary because of changes in stock or production capacity; whereas it is therefore advisable to provide for the possibility of transferring suckler cow premium rights acquired in respect of to other producers, under individual ceilings certain conditions, together with the either holding or without retaining the link between premium rights and land farmed; (11) Whereas new producers and existing producers whose individual ceilings do not correspond, for various reasons, to changed circumstances of their suckler cow herds should not be excluded from rights to premium; whereas provision should therefore be made to operate national to be stocked and administered in reserves accordance with Community criteria; whereas, for the same reason, it is appropriate to subject the transfer of rights to premium without the transfer of the associated holding to rules whereby part of the rights transferred shall be withdrawn without compensatory payment and allocated to that national reserve; (12) Whereas it is opportune to allow Member States to establish a link between sensitive zones or localities and the production of suckler cows so as to ensure the maintenance of such production especially in areas where there is no other alternative; (13) Whereas, given the trend towards intensification of beef and veal production, premiums for stockfarming should be limited with regard to the forage capacity of each holding in relation to the numbers and species of animals held; whereas, to avoid excessively intensive types of production, the grant of such premiums should be subject to compliance with a maximum stocking density on the holding; whereas, however, the situation of small producers should be taken into consideration; in to (14) Whereas, to strengthen incentives to extensify production with a view to improving their environmental effectiveness relation objectives, an additional amount should be granted to producers who comply with severe requirements; stocking density and genuine whereas, to avoid a major change in the global level of support and ensure reasonable control of expenditure, provision should be made for adjusting the additional amount, if necessary; 26. 6. 1999 EN Official Journal of the European Communities L 160/23 a to of for income provide situation producers appropriate (15) Whereas the conditions for beef production and the varies significantly in different production areas of the Community; whereas a Community-wide scheme with uniform payments to all producers would be too rigid to respond adequately to the structural and natural disparities and the diverse needs resulting therefrom; whereas, therefore, it is flexible framework of additional Community payments to be determined and made by Member States within fixed global amounts and in accordance with certain common criteria; whereas the global amounts should be allocated to the Member States on the basis of their share in Community beef production; whereas the common criteria are intended, inter alia, to prevent additional payments from producing discriminatory effects relevant full account of and to take multilateral commitments of the Community; whereas, in particular, it is essential that Member States be obliged to use their discretionary powers exclusively on the basis of objective criteria, to pay full regard to the concept of equal treatment and to avoid market and competition distortions; whereas it is appropriate to provide additional payments may take; whereas these forms should be headage payments for certain categories of bovine animals and area payments; forms that the the for (16) Whereas, as regards additional headage payments, certain quantitative limits are required to ensure a reasonable level of production concept of control; whereas, moreover, applying stocking density requirements should be followed by Member States; the permanent (17) Whereas additional area payments should only be granted for permanent pasture which does not benefit from other Community market support should be measures; whereas area payments applied within the limits of regional base areas of be established by Member States according to historical reference data; whereas the maximum amount of area payments which may be granted per hectare, including additional area payments under the common market organisation for milk and milk products, should be comparable to the average support per hectare under the support system for producers of certain arable crops; pasture which should whereas, economic granted within certain time limits; in order the desired impact, direct payments must be to achieve (19) Whereas the use of certain substances in beef production is prohibited under Community law; whereas appropriate penalties should apply where the relevant provisions are not respected; but would (20) Whereas under the price and income support arrangements provided for in this Regulation, the existing public intervention in the form of buying-in by intervention agencies and public storage is no longer indispensable to balance the considerable cause market expenditure; whereas it should, therefore, be phased out gradually; whereas, however, in order to contribute to stabilising the market prices around the basic price which represents the level aid for private desired market support storage should be provided for; whereas, to that end, the Commission should be authorised to decide the grant of private storage aid when the market price falls below 103 % of the basic price; whereas, moreover, a safety net’ intervention scheme should be established with a view to support the beef and veal market in Member States or regions of Member States where market prices fall short of a critical price level; whereas provision should be made for the private storage aid and the intervention scheme to be implemented on the basis of the grading scale laid down in Council Regulation (EEC) No 1208/81 of 28 April 1981 determining the Community classification of carcases of adult bovine animals (1); scale the for for veal beef involves (21) Whereas the creation of a single Community market the and introduction of a single trading system at the external frontiers of the Community; whereas a trading system including import duties and export in addition to the internal market measures, should, in principle, stabilise the Community market; whereas the trading system should be based on the undertakings accepted of under multilateral trade negotiations; the Uruguay Round refunds, (22) Whereas, in order to monitor the volume of trade in beef with third countries, provision should be made for a system of import and certain products, which export licences for (18) Whereas direct payments should be subject to compliance by the keepers of the animals concerned with the relevant Community rules on identification and registration of bovine animals; (1) OJ L 123, 7. 5. 1981, p. 3. Regulation as last amended by Regulation (EEC) No 1026/91 (OJ L 106, 26. 4. 1991, p. 2). L 160/24 EN Official Journal of the European Communities 26. 6. 1999 includes the lodging of a security to guarantee that the transactions for which such licences are granted are effected; limit; whereas monitoring of the quantities exported with refunds during the marketing years as referred to in the WTO Agreement on Agriculture should be carried out on the basis of export licences issued for each marketing year; (23) Whereas in order to prevent or counteract adverse effects on the Community market which could result from imports of certain agricultural products, imports of one or more such products should be subject to payment of an additional import duty, if certain conditions are fulfilled; (28) Whereas, in addition to the system described above, and to the extent necessary for its proper for working, regulating or, when the situation on the market so requires, prohibiting the use of inward- processing arrangements; be made provision should (24) Whereas it is under appropriate, certain to confer on the Commission the conditions, tariff quotas power resulting agreements concluded in accordance with the Treaty or from other acts of the Council; to open and administer international from (25) Whereas provisions for granting a refund on exports to third countries, based on the difference between prices within the Community and on the world market, and falling within the WTO Agreement on Agriculture (1), should serve to in international trade in beef and veal; whereas these refunds should be subject to limits in terms of quantity and value; safeguard Community participation the rules relating (26) Whereas compliance with the limits in terms of value should be ensured at the time when refunds are fixed through the monitoring of payments under to the European Agricultural Guidance and Guarantee Fund; whereas monitoring can be facilitated by the compulsory advance fixing of refunds, while of allowing differentiated refunds, of changing the specified destination within a geographical area to which a single refund rate applies; whereas, in the case of a change of destination, the refund applicable to the actual destination should be paid, with a ceiling to the the destination fixed in advance; possibility, applicable amount case the the of in (27) Whereas ensuring compliance with the quantity limits calls for the introduction of a reliable and effective system of monitoring; whereas, to that end, the granting of refunds should be made subject to an export licence; whereas refunds should be granted up to the limits available, depending on the particular situation of each product concerned; whereas exceptions to that rule should only be permitted in the case of food-aid operations, which are exempt from any (1) OJ L 336, 23. 12. 1994, p. 22. (29) Whereas at and circumstances, frontiers of the duty mechanism could, the customs duty system makes it possible to dispense with all other protective the measures external the internal Community; whereas, however, in market exceptional defective; whereas, in such cases, so as not to leave the Community market without defence against the disturbances which may arise therefrom, Community should be able to take all necessary measures without delay; whereas those measures should be in accordance with the obligations derived from the relevant WTO agreements; prove provided instruments (30) Whereas, in order to ensure proper application this of the Regulation, the Commission should be fully informed about the development of prices on the common market for beef and veal; whereas, therefore, provision should be made for a system for recording the prices of bovine animals and meat of such animals; for in (31) Whereas it is for appropriate measures to be taken when a substantial rise or fall in prices disturbs or threatens to disturb the Community market; whereas these measures may also include ad hoc intervention buying-in; to provide (32) Whereas restrictions on free movement resulting from the application of measures intended to prevent the spread of animal diseases could cause difficulties on the market of one or more Member States; whereas provision should be made for the introduction of exceptional market support measures to remedy such in order situations; (33) Whereas the establishment of a single market based on common prices would be jeopardised certain aids; whereas, by the granting of therefore, the Treaty which allow the assessment of aids granted by Member States and the prohibition of those which are incompatible with the common market should apply in the common market organisation for beef and veal; the provisions of 26. 6. 1999 EN Official Journal of the European Communities L 160/25 (34) Whereas it is necessary that, as the common market in beef and veal develops, the Member States and the Commission should keep each other supplied with the information necessary for applying this Regulation; (35) Whereas, in order to facilitate implementation of the proposed measures, a procedure should be cooperation provided for between Member States and the Commission within a Management Committee; establishing close (36) Whereas expenditure incurred by the Member States as a result of the obligations arising out of the application of this Regulation should be financed by the Community in accordance with Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1); (37) Whereas the common organisation of the market should take appropriate in beef and veal account, at the same time, of the objectives set out in Articles 33 and 131 of the Treaty; (38) Whereas the common organisation of the market in beef and veal laid down in Council Regulation (EEC) No 805/68 (2) has been amended several times; whereas, by reason of their number, their complexity and their dispersal among several Official Journals, these texts are difficult to use and thus lack the clarity which should be an essential feature of all legislation; whereas, under these circumstances, they should be consolidated in a new regulation and the aforementioned Regulation (EEC) No 805/68 should be repealed; whereas Council Regulations (EEC) No 98/69 of 16 January 1969 laying down general rules for frozen beef and veal by the disposal of intervention agencies (3), (EEC) No 989/68 of 15 July 1968 laying down general rules for granting private storage aid for beef and veal (4) and (EEC) No 1892/87 of 2 July 1987 on the recording of market prices in the beef and veal sector (5), the legal base of which was Regulation (EEC) No 805/68, replaced by new are arrangements in this Regulation and should therefore be repealed; (39) Whereas the change from the arrangements in Regulation (EEC) No 805/68 to those in this Regulation could give rise to difficulties which are not dealt with in this Regulation; whereas, in order to deal with that eventuality, provision should be made for the Commission to adopt the necessary transitional measures; whereas the Commission should also be authorised to solve specific practical problems, HAS ADOPTED THIS REGULATION: The common organisation of the market in beef and veal shall comprise an internal 1. market and trade with third countries system and cover the following products: Article 1 CN code Description of goods (a) 0102 90 05 to 0102 90 79 Live animals of the domestic bovine species, other than pure-bred breeding animals 0201 0202 Meat of bovine animals, fresh or chilled Meat of bovine animals, frozen 0206 10 95 Thick skirt and thin skirt, fresh or chilled 0206 29 91 Thick skirt and thin skirt, frozen 0210 20 Meat of bovine animals, salted, in brine, dried or smoked 0210 90 41 Thick skirt and thin skirt, salted, in brine, dried or smoked (1) See page 103 of this Official Journal. (2) OJ L 148, 28. 6. 1968, p. 24. Regulation as last amended by Regulation (EC) No 1633/98 (OJ L 210, 28. 7. 1998, p. 17). (3) OJ L 14, 21. 1. 1969, p. 2. (4) OJ L 169, 18. 7. 1968, p. 10. Regulation as amended by Regulation (EEC) No 428/77 (OJ L 61, 5. 3. 1977, p. 17). (5) OJ L 182, 3. 7. 1987, p. 29. L 160/26 EN Official Journal of the European Communities 26. 6. 1999 CN code Description of goods 0210 90 90 Edible flours and meals of meat or meat offal 1602 50 10 1602 90 61 Other prepared or preserved meat or meat offal of bovine animals, uncooked; mixtures of cooked meat or offal and uncooked meat or offal Other prepared or preserved meat containing bovine meat or offal, uncooked; mixtures of cooked meat or offal and uncooked meat or offal (b) 0102 10 Live bovine pure-bred animals 0206 10 91 0206 10 99 0206 21 00 0206 22 90 0206 29 99 0210 90 49 Edible offal of bovine animals excluding thick skirt and thin skirt, fresh or chilled, other than for the manufacture of pharmaceutical products Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than for the manufacture of pharmaceutical products Edible meat offal of bovine animals, salted, in brine, dried or smoked, other than thick skirt and thin skirt ex 1502 00 90 Fats of bovine animals, raw or rendered, whether or not pressed or solvent- extracted 1602 50 31 to 1602 50 80 Other prepared or preserved meat or meat offal, of bovine animals, other than uncooked meat or meat offal and mixtures of cooked meat or offal and uncooked meat or offal 1602 90 69 Other prepared or preserved meat containing bovine meat or offal other than uncooked, and mixtures of cooked meat or offal and uncooked meat or offal 2. For the purposes of this Regulation: (a) bovine animals’ shall mean live animals of the domestic bovine species falling within CN codes ex 0102 10, 0102 90 05 to 0102 90 79; (b) adult bovine animals’ shall mean bovine animals the live weight of which is more than 300 kilograms. TITLE I INTERNAL MARKET Article 2 (c) measures to improve quality; In order to encourage action by trade and joint trade organisations to facilitate the adjustment of supply to market following Community the measures may be taken in respect of the products listed in Article 1: requirements, (a) measures to improve stock breeding; (b) measures to promote better organisation of production, processing and marketing; (d) measures to permit the establishment of short- and long-term forecasts on the basis of the means of production used; (e) measures to facilitate the recording of market price trends. rules concerning these measures General adopted by the Council procedure laid down in Article 37(2) of the Treaty. shall be in accordance with the 26. 6. 1999 EN Official Journal of the European Communities L 160/27 CHAPTER 1 DIRECT PAYMENTS Article 3 For the purposes of this chapter: (a) producer shall mean an individual farmer, whether a natural or a legal person or group of natural or legal persons, status conferred by national law on such a group or its members, whose holding is located in Community territory and who is engaged in rearing bovine animals, irrespective of the legal (b) holding shall mean all the production units managed by the producer and located in the territory of a single Member State, (c) region shall mean a Member State or a region the the option of within a Member State, at Member State concerned, (d) bull shall mean an uncastrated male bovine animal, (e) steer shall mean a castrated male bovine animal, (f) suckler cow shall mean a cow belonging to a meat breed or born of a cross with a meat breed, and belonging to a herd intended for rearing calves for meat production, (g) heifer shall mean a female bovine animal from the age of eight months which has not yet calved. SECTION 1 Premiums S u b s e c t i o n 1 Special premium Article 4 A producer holding male bovine animals on his 1. for a special holding may qualify, on application, premium. It shall be granted in the form of an annual premium per calendar year and per holding within the limits of regional ceilings for not more than 90 animals for each of the age brackets referred to in paragraph 2. The special premium shall be granted no more 2. than: (a) once in the life of each bull from the age of nine months, or (b) twice in the life of each steer: — the first time at the age of nine months, — the second time after it has reached the age of 21 months. 3. To qualify for the special premium: (a) any animal covered by an application shall be held by the producer for fattening for a period to be determined, (b) each animal shall be covered until slaughter or until export by an animal passport referred to in Article 6 of Council Regulation (EC) No 820/97 of 21 April 1997 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (1) containing all relevant information on its premium status or, if not available, an equivalent administrative document. 4. When in a given region the total number of bulls from the age of nine months and of steers from nine months to 20 months of age, for which an application has been made and which satisfy the conditions for granting the special premium exceeds the regional ceiling referred to in Annex I, the number of all eligible animals under paragraph 2(a) and (b) per producer for the year in question shall be reduced proportionately. Within the meaning of this Article, regional ceiling’ shall mean the number of animals entitled to benefit, in a region and per calendar year, from the special premium. By way of derogation from paragraphs 1 and 4, 5. Member States may: — on the basis of objective criteria, which they determine, change or waive the headage limit of 90 animals per holding and age bracket and, — where exercising this power, decide to apply paragraph 4 in such a way as to reach the level of reductions required to comply with the applicable regional ceiling, without applying such reductions to small producers who, in respect of the year in premium question, submit special not did (1) OJ L 117, 7. 5. 1997, p. 1. L 160/28 EN Official Journal of the European Communities 26. 6. 1999 applications for more than a minimum number of animals State by concerned. the Member determined 6. Member States may decide to grant the special premium at the time of slaughter. In this case, for bulls the age criterion referred to in paragraph 2(a) shall be replaced of 185 kilograms. a minimum carcase weight by premium to an producers may qualify, on application, premium additional both if (deseasonalisation triggering rates referred to above are reached in Ireland or in Northern Ireland, the premium shall apply in Ireland and in Northern Ireland. the special premium). However, for For the purpose of applying this Article in the United Kingdom, Northern Ireland shall be regarded as a separate entity. The premium shall be paid or passed back to the producers. 2. The amount of this premium shall be set at: The United Kingdom shall be authorised to apply in Northern Ireland a system for granting the special premium which differs from that applied in the remainder of its territory. 7. The amount of the premium shall be set at: (a) per eligible bull: — EUR 160 for the calendar year 2000, — EUR 185 for the calendar year 2001, — EUR 210 for the calendar year 2002 and the subsequent calendar years; (b) per eligible steer and age bracket: — EUR 122 for the calendar year 2000, — EUR 72,45 per animal slaughtered during the first 15 weeks in a given year, — EUR 54,34 per animal slaughtered during the 16th and 17th weeks in a given year, — EUR 36,23 per animal slaughtered during the 18th to the 21st week in a given year, and — EUR 18,11 per animal slaughtered during the 22nd and 23rd weeks in a given year. 3. Where the rate referred to in paragraph 1(b) is not achieved, the penultimate taking into account sentence of paragraph 1, Member States whose producers the deseasonalisation premium may decide to grant this premium at the rate of 60 % of the amounts set in paragraph 2. previously received have — EUR 136 for the calendar year 2001, In such case, the Member State concerned: — EUR 150 for the calendar year 2002 and the subsequent calendar years. (a) may decide to grant this premium for the first two or three of the periods in question only, 8. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. S u b s e c t i o n 2 (b) shall ensure the measure is financially neutral in respect of the same budget year by accordingly reducing: — the amount of the second age bracket of the special premium applicable to steers granted in that Member State, and/or Deseasonalisation premium — the additional payments to be made under section 2, Article 5 1. Where, in a Member State the number of steers: (a) slaughtered in a given year exceeds 60 % of total annual slaughterings of male bovine animals, and and shall inform the Commission of the reduction measure applied. For the purpose of applying this measure, Ireland and Northern Ireland shall be regarded as one entity for the calculation of the rate referred to in paragraph 1(a) and consequently for qualification for the premium. (b) slaughtered during the period 1 September to 30 November in a given year exceeds 35 % of total annual slaughterings of steers, 4. In order to establish whether the percentages referred to in this Article have been exceeded, account 26. 6. 1999 EN Official Journal of the European Communities L 160/29 shall be taken of slaughterings carried out during the second year preceding that in which the animal qualifying for the premium was slaughtered. 3. The producers’ entitlement to the premium shall be limited by the application of an individual ceiling as defined in Article 7. 5. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. Per eligible animal, the amount of the premium 4. shall be set at: S u b s e c t i o n 3 Suckler cow premium Article 6 A producer keeping suckler cows on his holding 1. may qualify, on application, for a premium for maintaining suckler cows (suckler cow premium). It shall be granted in the form of an annual premium per calendar year and per producer within the limits of individual ceilings. The suckler cow premium shall be granted to any 2. producer: (a) not supplying milk or milk products from his farm from the day on which the for 12 months application is lodged. The supply of milk or milk products directly from the holding to the consumer shall not, however, prevent grant of the premium, (b) supplying milk or milk products whose total individual reference quantity as referred to in Article 4 of Regulation (EEC) No 3950/92 does not exceed 120 000 kilograms. However, Member States may decide on the basis of objective criteria, which they determine, to change or waive this quantitative limit, provided that he keeps, for at least six consecutive months from the day on which the application is lodged a number of suckler cows at least equal to 80 % and of heifers at most equal to 20 % of the number for which the premium was requested. (a) and (b) of For the purposes of determining the number of eligible animals under points first subparagraph, whether cows belong to a suckler herd or to a dairy herd shall be established on the basis of the beneficiary’s reference quantity as defined in Article 16(3) of Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common in milk and milk organisation of products (1) and the average milk yield. the market individual the — EUR 163 for the calendar year 2000, — EUR 182 for the calendar year 2001, — EUR 200 for the calendar year 2002 and the subsequent calendar years. 5. Member States may grant an additional national suckler cow premium, up to a maximum of EUR 50 per animal, provided that no discrimination is caused between stockfarmers in the Member State concerned. In respect of holdings located in a region as defined in Articles 3 and 6 of Council Regulation (EC) No 1251/ 1999 of 21 June 1999 laying down general provisions on the Structural Funds (2), the first EUR 24,15 per animal of this additional premium shall be financed by the Guarantee Section of the European Guidance and Guarantee Fund (EAGGF). In respect of holdings located throughout the territory of a Member State if in the Member State concerned the cattle population has a high proportion of suckler cows, representing at least 30 % of the total number of cows, and if at least 30 % of male bovine animals slaughtered belong to conformation classes S and E, the Guarantee Section of EAGGF shall finance the additional premium in total. Any overshoot of these percentages is established on the basis of the average of the two years preceding that for which the premium is granted. For the purposes of 6. this Article, only heifers belonging to a meat breed or born of a cross with a meat breed and belonging to a herd intended for rearing calves for meat production shall be taken into account. 7. Detailed rules for the application of this Article and, in particular, those relating to the definition of the concept of suckler cow referred to in Article 3, shall be adopted and the average milk yield shall be determined by the Commission in accordance with the procedure laid down in Article 43. Article 7 1. On 1 January 2000, the individual ceiling of each producer shall be equal to the number of suckler cow premium rights (premium rights) which he held on 31 December 1999 in accordance with the relevant Community rules and, where appropriate, adjusted according to paragraph 3. (1) See page 48 of this Official Journal. (2) OJ L 160, 26. 6. 1999, p. 1. L 160/30 EN Official Journal of the European Communities 26. 6. 1999 2. Member States shall take the necessary steps to ensure that, the sum of from 1 January 2000, premium rights on their territory does not exceed the national ceilings set out in Annex II and that the national reserves referred to in Article 9 may be set up. 3. Where the adjustment referred to in paragraph 2 individual ceilings held by requires a reduction of producers, out without be compensatory payment and decided on the basis of objective criteria, including, in particular: carried shall it — the rate at which producers have used their individual ceilings during the three reference years prior to the year 2000, — the implementation or of extensification programme in the beef and veal sector, investment an — particular natural circumstances or the application of penalties, resulting in a non-payment or a reduced payment of the premium for at least one reference year, — additional exceptional circumstances having the effect that the payments made for at least one reference year do not correspond to the actual situation as established during the previous years. 4. Premium rights which have been withdrawn pursuant to the measure provided for in paragraph 2 shall be abolished. 5. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. Article 8 1. Where a producer sells or otherwise transfers his holding, he may transfer all his suckler cow premium rights to the person taking over his holding. He may also transfer, in full or in part, his rights to other producers without transferring his holding. In the case of transfer of premium rights without transfer of the holding a part of the transferred rights, which shall not exceed 15 %, shall be returned without compensatory payment to the national reserve of the Member State where the holding is situated for redistribution free of charge. (b) may provide either that the transfer of rights without the holding is carried out directly between producers or that it is carried out through the intermediary of the national reserve. transfer of 3. Member States may authorise, before a date to be determined, the premium rights which are not intended to be used by the producer who holds them. temporary transfers of part of 4. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. These detailed rules may concern in particular: — provisions enabling the Member States to resolve problems relating to the transfer of premium rights by producers who are not the owners of the land occupied by their holdings, and, — specific rules relating to the minimum number which may form the subject of a partial transfer. Article 9 Each Member State shall maintain a national 1. reserve of suckler cow premium rights. 2. to Any premium rights withdrawn pursuant Article 8(1) or other Community provisions shall be added to the national reserve, without prejudice to Article 7(4). The Member States shall use their national 3. reserves for allocating, within the limits of those reserves, premium rights in particular to newcomers, young farmers and other priority producers. 4. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. These rules shall concern, in particular: 2. The Member States: — the measures applicable where, in a Member State, the national reserve is not used, (a) shall take the necessary measures to prevent premium rights being transferred outside sensitive areas or regions where beef and veal production is particularly important for the local economy; — the measures relating to unused premium rights which have been returned to the national reserve. 26. 6. 1999 EN Official Journal of the European Communities L 160/31 Article 10 1. By way of derogation from Article 6(3), Member States where more than 60 % of suckler cows and heifers are kept in mountain areas within the meaning of Article 18 of Council Regulation (EC) No 1257/ 1999 of 17 May 1999 on support rural European Agricultural development from the and and Guarantee Guidance amending and repealing certain Regulations (1) may decide to manage the granting of the suckler cow premium for heifers separately from that for suckler cows within the limits of a separate national ceiling to be set up by the Member State concerned. (EAGGF) Fund for Such separate national ceiling shall not exceed 20 % of the national ceiling of the Member State concerned set out in Annex II to this Regulation. That national ceiling shall be reduced by an amount equal to the separate national ceiling. When in a Member State exercising the power under paragraph 1 the total number of heifers, for which an application has been made, and which satisfy the conditions for granting the suckler cow premium, exceeds the separate national ceiling, the number of eligible heifers per producer for the year in question shall be reduced proportionately. For the purpose of 2. this Article, only heifers belonging to a meat breed or born of a cross with a meat breed shall be taken into account. 3. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. S u b s e c t i o n 4 Slaughter premium Article 11 A producer keeping bovine animals on his 1. holding may qualify, on application, for a slaughter premium. It shall be granted on slaughter of eligible animals or their export to a third country and within national ceilings to be determined. The following shall be eligible for premium: the slaughter (a) bulls, steers, cows and heifers from the age of eight months, (1) See page 80 of this Official Journal. (b) calves of more than one and less than seven months old and of carcase weight of less than 160 kilograms, provided they have been held by the producer for a period to be determined. 2. The amount of the premium shall be set at: (a) per eligible animal as specified under paragraph 1(a): — EUR 27 for the calendar year 2000, — EUR 53 for the calendar year 2001, — EUR 80 for the calendar year 2002 and the subsequent calendar years; (b) per eligible animal as specified under paragraph 1(b): — EUR 17 for the calendar year 2000, — EUR 33 for the calendar year 2001, — EUR 50 for the calendar year 2002 and the subsequent calendar years. 3. The national ceilings referred to in paragraph 1 shall be established per Member State and separately for both groups of animals as specified in (a) and (b) thereof. Each ceiling shall be equal to the number of animals of each of these two groups which in 1995 were slaughtered in the Member State concerned to which are added those animals exported to third countries, according to Eurostat data or any other published official statistical information for that year accepted by the Commission. 4. When in a given Member State the total number of animals, for which an application has been made in respect of one of the two groups of animals specified in (a) or (b) of paragraph 1, and which satisfy the conditions for granting the slaughter premium exceeds the national ceiling laid down for that group, the number of all eligible animals under that group per producer for the year in question shall be reduced proportionately. 5. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. L 160/32 EN Official Journal of the European Communities 26. 6. 1999 S u b s e c t i o n 5 — enabling improper application of the stocking density to be prevented. Stocking density Article 12 The total number of animals qualifying for the 1. special premium and the suckler cow premium shall be limited by the application of a stocking density on the holding of two livestock units (LU) per hectare and calendar year. This stocking density shall be expressed in LU per unit of forage area of the holding used for the animals carried on it. However, a producer shall be exempt from the application of the stocking density if the number of animals held on his holding and to be taken into account for determining the stocking density is not more than 15 LU. For determining the stocking density on the 2. holding, account shall be taken of: (a) the male bovine animals, suckler cows and heifers, sheep and/or goats for which premium applications have been submitted, as well as the dairy cows needed to produce the total reference quantity of milk allocated to the producer. The number of animals shall be converted to LU by reference to the conversion table in Annex III, (b) the forage area, meaning the area of the holding available throughout the calendar year for rearing bovine animals and sheep and/or goats. The forage area shall not include: — buildings, woods, ponds, paths, — areas used for other crops eligible for Community aid or for permanent crops or horticultural crops, except permanent pasture for which area payments are granted pursuant to Article 17 of this Regulation and Article 19 of Regulation (EC) No 1255/1999, — areas qualifying for the support system laid down for the producers of certain arable crops, used for the aid scheme for dried fodder or subject to a national or Community set-aside scheme. Forage area shall include areas in shared use and areas which are subject to mixed cultivation. 3. The Commission shall adopt detailed rules for the application of this Article in accordance with the procedure laid down in Article 43. These rules shall, in particular, concern those: S u b s e c t i o n 6 Extensification payment Article 13 Producers receiving the special premium and/or cow premium may qualify for an suckler 1. the extensification payment. The extensification payment shall be EUR 100 2. cow premium special premium and suckler per granted, provided that in respect of the calendar year concerned the stocking density on the holding concerned is less than or equal to 1,4 LU per hectare. However, Member States may decide to grant extensification payment as follows: the (a) in respect of the calendar years 2000 and 2001, at an amount of EUR 33 for a stocking density of 1,6 LU per hectare or more and less than or equal to 2,0 LU per hectare, and at an amount of EUR 66 for a stocking density of less than 1,6 LU per hectare; (b) in respect of the calendar year 2002 and the subsequent years, at an amount of EUR 40 for a stocking density of 1,4 LU per hectare or more and less or equal to 1,8 LU per hectare, and at an amount of EUR 80 for a stocking density of less than 1,4 LU per hectare. For 3. paragraph 2: the purposes of the application of of shall density holdings (a) by way of derogation from Article 12(2)(a), the be the stocking determined by taking into account the male bovine animals, cows, and heifers present thereon during the calendar year concerned, as well as the sheep and/or goats for which premium applications have been submitted for the same calendar year. The number of animals shall be converted to LU by reference to the conversion table in Annex III. (b) without to the third indent prejudice of Article 12(2)(b), areas used for the production of arable crops as defined in Annex I of Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops (1) shall not be taken as forage area’; — relating to areas in shared use and to areas which are subject to mixed cultivation, (1) See page 1 of this Official Journal. 26. 6. 1999 EN Official Journal of the European Communities L 160/33 (c) the forage area to be taken into account for the calculation of the stocking density shall consist of at least 50 % of pasture land. Pasture land’ shall be defined by Member States. The definition shall include at least the criterion that pasture land shall be grassland which, following the local farming practices recognised as being destined for grazing bovine animals and/or sheep. However, this shall not exclude the mixed use of pasture land during the same year (pasture, hay, grass silage). is to the 4. Without prejudice stocking density requirements set out in paragraph 2, producers in Member States where more than 50 % of milk production takes place in mountain areas within the meaning of Article 18 of Regulation (EC) No 1257/ 1999 and whose holdings are located in such areas, may receive extensification payments as set out in paragraph 2 for the dairy cows kept thereon. In accordance with the procedure laid down in 5. Article 43 the Commission shall: — adopt detailed rules for the application of this Article, — if necessary, adjust in paragraph 2 taking account, in particular, of the number of animals qualifying for the payment for the preceding calendar year. the amounts set out Section 2 Additional payments Article 14 1. Member States shall, on a yearly basis, make additional payments to producers in their territory totalling the global amounts set out in Annex IV. Such payments shall be made according to objective criteria including, relevant production structures and conditions, and in such a way as to ensure equal treatment between producers and to avoid market and competition distortions. Moreover, such payments shall not be linked to fluctuations of market prices. in particular, the 2. Additional payments may be made in the form of headage payments (Article 15) and/or area payments (Article 17). Article 15 1. Headage payments may be granted for: (a) male bovine animals, (b) suckler cows, (c) dairy cows, (d) heifers. payments may 2. Headage as supplementary amounts per slaughter premium unit as set out in Article 11, except for calves. In the other cases, the grant of headage payments shall be subject: granted be (a) to the special conditions set out in Article 16, (b) to specific stocking density requirements to be established by Member States. The specific stocking density requirements shall 3. be established: — on the basis of the forage area referred to in Article 12(2)(b), with the exception of areas for which area payments are granted in accordance with Article 17, — taking account of, in particular, the invironmental impact of the type of production concerned, the environmental the land used for rearing cattle and the measures which have been implemented with a view to stabilise or improve the environmental situation of this land. sensitivity of Article 16 1. Headage payments for male bovine animals may be granted per calendar year for no more than a number of animals in a Member State: — equal to the regional ceiling of the Member State concerned set out in Annex I or — equal to the number of male bovine animals for which premiums were granted in 1997, or — equal to the average number of slaughterings of male bovine animals during the years 1997, 1998 and 1999 deriving from Eurostat statistics for these years or any other published official statistical information for these years accepted by the Commission. Member States may also provide for a headage limit of number of male bovine animals per holding to be determined by the Member State on a national or regional basis. Only male bovine animals from the age of eight If headage payments are months shall be eligible. L 160/34 EN Official Journal of the European Communities 26. 6. 1999 made at the time of slaughter, Member States may decide to replace this condition by a minimum carcase weight of at least 180 kilograms. 3. The maximum area payment per hectare which may be granted, including area payments pursuant to Article 19 of Regulation (EC) No 1255/1999 shall not exceed: 2. Headage payments for suckler cows and heifers qualifying for suckler cow premium under Article 6(4) and Article a supplementary amount per suckler cow premium unit as set out in Article 6(4). 10 may granted only be as 3. Headage payments for dairy cows may only be granted as amount per tonne of reference quantity eligible for premium available on the holding to be established in accordance with Article 16(3) of Regulation (EC) No 1255/1999. Article 15(2)(b) shall not apply. 4. Headage payments for heifers other than those referred to in paragraph 2 may be granted per Member State and calendar year for no more than a number of heifers equal to the average number of slaughterings of heifers during the years 1997, 1998 and 1999 deriving from Eurostat statistics for these statistical years or any other published official information the accepted these Commission. years for by — EUR 210 for the calendar year 2000, — EUR 280 for the calendar year 2001, — EUR 350 for the calendar year 2002 and the subsequent calendar years. Article 18 Before 1 January 2000, Member States shall provide the Comission with detailed information on their national arrangements concerning the granting of these additional changes communicated arrangements the later than one month after their Commission not adoption. payments. Any shall be to of Article 19 Before 1 April 2004, Member States shall submit to the the detailed implementation of this section. Commission reports on Article 17 Area payments shall be granted per hectare of 1. permanent pasture: (a) which is available to a producer during the calendar year concerned, (b) which is not used to comply with the specific referred to in requirements stocking density Article 15(3), and (c) in respect of which no payments under the support system laid down for producers of certain arable crops, under the aid system for dried fodder and under Community other aid permanent or horticultural crops are claimed for the same year. schemes for 2. The area of permanent pasture in a region for which area payments may be granted shall not exceed the relevant regional base area. Before 1 January 2005, the Commission shall evaluate the implementation of this section and examine the distribution of Community funds between Member States as provided for in Annex IV, taking account of, in particular, the development of the Member States shares in Community beef production. If necessary, the Commission shall make appropriate proposals to the Council. Article 20 Detailed rules of application of this section shall be adopted by the Commission in accordance with the procedure laid down in Article 43. SECTION 3 Common provisions Article 21 Regional base areas shall be established by Member States as the average number of hectares of permanent pasture available for rearing bovine animals during the years 1995, 1996 and 1997. To qualify for direct payments under this chapter, an animal shall be identified and registered in accordance with Regulation (EC) No 820/97. 26. 6. 1999 EN Official Journal of the European Communities L 160/35 Article 22 1. Direct payments under this chapter, except the deseasonalisation premium, shall be paid as soon as the inspections are carried out but not earlier than 16 October of the calendar year in respect of which they are applied for. 2. Save in duly justified exceptional cases: — direct payments under this chapter shall be made not later than 30 June of the year following the calendar year in respect of which the payment is applied for, — the deseasonalisation premium shall be paid as soon as the inspections are carried out and no later than 15 October of the calendar year in respect of which it is applied for. Article 23 or residues 1. Where residues of substances prohibited under 96/22/EC (1), of Council Directive substances authorised under the aforementioned act but used illegally, are detected pursuant to the relevant provisions of Directive 96/23/EC (2), in an animal belonging to the bovine herd of a producer, or where a non-authorised substance or product, or a substance or product authorised under Council Directive 96/22/ EC but held illegally is found on the producer’s holding in any form, the producer shall be excluded, for the calendar year of that discovery, from receiving the amounts provided for under this section. In the event of a repeated infringement, the length of the exclusion period may, according to the seriousness of the offence, be extended to five years as from the year repeated infringement was discovered. in which the 2. In the event of obstruction on the part of the owner or holder of the animals when inspections are being carried out and when the samples are being taken which are necessary for the application if residue-monitoring plans or when the national under investigations Directive 96/23/EC are being carried out, the penalties provided for in paragraph 1 shall apply. provided checks and for (1) Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of b-agonists, and repealing Directives 81/602/EEC, 88/ 146/EEC and 88/299/EEC (OJ L 125, 23. 5. 1996, p. 3). (2) Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23. 5. 1996, p. 10). 3. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. Article 24 the direct payments The amounts of in sections 1 and 2 may be changed in the light of developments in production, productivity and the markets, according to the procedure laid down in Article 37(2) of the Treaty. set out Article 25 incurred in granting the direct expenditure The shall be in this chapter payments provided for considered as intervention measures within the meaning of Article 2(2) of Regulation (EC) No 1258/ 1999. CHAPTER 2 PRIVATE AND PUBLIC STORAGE Article 26 From 1 July 2002, 1. the granting of aids for private storage may be decided, when the average Community market price recorded, on the basis of the Community scale for the classification of carcases of adult bovine animals provided for in Regulation (EEC) No 1208/81 (called hereinafter Community scale’), is, and is likely to remain, at less than 103 % of the basic price. 2. The basic price for carcases of male bovine animals of grade R3 in the Community scale shall be set at EUR 2 224/t. 3. Private storage aid may be granted for fresh or chilled meat of adult bovine animals presented in the form of carcases, half-carcases, compensated quarters, forequarters or hindquarters, classified in accordance with the Community scale. The Council, acting in accordance with the 4. procedure laid down in Article 37(2) of the Treaty, may: — change taking the basic price in particular, of the need to fix this price at a level which contributes towards stabilising market prices without, however, leading to the formation of structural surpluses in the Community, account, L 160/36 EN Official Journal of the European Communities 26. 6. 1999 — amend the list of products in paragraph 3 which — the buying-in prices and the quantities accepted for may be the subject of private storage aid. intervention shall be fixed, 5. Detailed rules for the application of this Article shall be adopted and the granting of aids for private storage shall be decided by the Commission in accordance with the procedure laid down in Article 43. Article 27 1. From 1 July 2002, public intervention shall be opened if, for a period of two consecutive weeks, the average market price in a Member State or in a region of a Member State recorded on the basis of the Community scale provided for in Regulation (EEC) No 1208/81 falls short of EUR 1 560/t; in this case, one or more categories, qualities or quality groups, to be determined, of fresh or chilled meat falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50 originating in the Community may be bought in by intervention agencies. 2. For buying-in under paragraph 1, only eligible offers equal to or less than the average market price recorded in a Member State or a region of a Member State and increased by an amount to be determined on the basis of objective criteria may be accepted. 3. The buying-in prices and the quantities accepted for intervention shall be determined under tender procedures and may, in special circumstances, be fixed per Member State or per region of a Member State on the basis of recorded average market prices. The tender procedures shall ensure equality of access of all persons concerned. They shall be opened on the basis of specifications to be determined taking commercial structures into account, where necessary. 4. Under the procedure provided for in Article 43: — the products, categories, qualities or quality groups intervention shall be of products eligible for determined, — the amount of increase paragraph 2 shall be determined, the referred to in — the detailed rules for the application of this Article shall be adopted, — any transitional provisions necessary for the these arrangements shall be implementation of adopted. The Commission shall decide on: — opening buying-in when during two consecutive weeks the condition referred to in paragraph 1 is met, — closing buying-in when during at least one week the condition as referred to in paragraph 1 is no longer met. Article 28 agencies the products bought in by the 1. Disposal of the in intervention provisions of Articles 27 and 47 of this Regulation and of Articles 5 and 6 of Regulation (EEC) No 805/ 68 shall take place in such a way as to avoid any disturbance of the market and to ensure equal access to goods and equal treatment of purchasers. accordance with 2. Detailed rules for the application of this Article, in particular as regards selling prices, conditions for the release from storage and, where appropriate, processing of products bought-in by the intervention agencies, shall be adopted by the Commission in accordance with the procedure laid down in Article 43. TITLE II TRADE WITH THIRD COUNTRIES Article 29 Community of products listed in Article 1(1)(a) and (b) may be subject to presentation of an import or export licence. Imports into the Community of any of 1. the products listed in Article 1(1)(a) shall be subject to presentation of an import licence. Imports into the Community of any of the products from the listed in Article 1(1)(b) and exports Licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community and without prejudice to measures taken for the application of Articles 32 and 33. 26. 6. 1999 EN Official Journal of the European Communities L 160/37 Import and export licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported or exported during the term of force validity of majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period. the licence; except in cases of 2. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. These rules may concern, in particular: (a) the term of validity of licences, (b) the list of products for which import or export licences are requested under paragraph 1 second subparagraph. Article 30 Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall apply to the products listed in Article 1. Article 31 1. In order to prevent or counteract adverse effects on the market in the Community which may result from imports of certain products listed in Article 1, imports of one or more of such products at the rate of duty laid down in Article 30 shall be subject to payment of an additional import duty if the conditions set out in Article 5 of the Agreement on Agriculture concluded in accordance with Article 300 of the Treaty in the framework of the Uruguay Round of trade negotiations have been fulfilled multilateral unless imports are unlikely to disturb the the Community market, or where the effects would be disproportionate to the intended objective. 2. The trigger prices below which an additional duty may be imposed shall be those which are forwarded by the Community to the World Trade Organisation. import additional The trigger volumes to be exceeded in order to have the be determined particularly on the basis of imports into the Community in the three years preceding the year in which the averse effects referred to in paragraph 1 arise or are likely to arise. imposed shall duty The import prices to be taken into consideration 3. for import duty shall be imposing an additional determined on the basis of the cif import prices of the consignment under consideration. Cif import prices shall be checked to that end against the representative prices for the product on the world market or on the Community import market for that product. 4. The Commission shall adopt detailed rules for the application of this Article in accordance with the procedure laid down in Article 43. Such detailed rules shall specify in particular: (a) the products to which additional import duties may be applied under the terms of Article 5 of the Agreement on Agriculture; (b) the other criteria necessary to ensure application of paragraph 1 in accordance with Article 5 of the Agreement on Agriculure. Article 32 Tariff quotas for the products listed in Article 1 1. resulting from agreements concluded in accordance with Article 300 of the Treaty or from any other act of the Council shall be opened and administered by the Commission in accordance with detailed rules adopted under the procedure laid down in Article 43. With regard to the import quota of 50 000 tonnes of frozen meat coming within CN codes 0202 20 30, 0202 30 and 0206 29 91 and intended for processing, the Council, from the Commission by a qualified majority, may lay down that all or part of the quota shall cover equivalent quantities of quality meat, applying a conversion rate of 4,375. acting on a proposal 2. Quotas shall be administered by applying one of the following methods or a combination of them: — method based on chronological order of the lodging of applications ( first come, first served’ principle), — method of distribution in proportion to the quantities requested when the applications were lodged (using examination’ method), simultaneous the — method based on taking traditional trade patterns into account (using the traditional importers/new arrivals’ method). Other appropriate methods may be adopted. They shall avoid any discrimination between the operators concerned. 3. where appropriate, give due weight The method of administration adopted shall, to the supply L 160/38 EN Official Journal of the European Communities 26. 6. 1999 requirements of the Community market and the need to safeguard the equilibrium of that market, while at the same time possibly drawing on methods which may have been applied in the past to quotas corresponding to those referred to in paragraph 1, without prejudice from agreements concluded as part of the Uruguay Round trade negotiations. resulting to the rights 4. The detailed rules referred to in paragraph 1 shall provide for annual quotas, if necessary, suitably phased over the administrative method to be used and, where appropriate, shall include: the year, and shall determine (a) guarantees covering the nature, provenance and origin of the product, and (b) recognition of the document used for verifying the guarantees referred to in (a), and (c) the conditions under which import licences are issued and their term of validity. They may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary. shall be Refunds fixed by the Commission in accordance with the procedure laid down in Article 43. Refunds may be fixed, in particular: (a) at regular intervals; (b) in addition and for limited quantities, by invitation to tender for products for which that procedure seems appropriate. Except where fixed by tender, the list of products on which an export refund is granted and the amount of such refund shall be fixed at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission at the request of a Member State or on its own initiative. Article 33 The following shall be taken into account when 4. refunds are being fixed: 1. To the extent necessary to enable the products listed in Article 1 to be exported on the basis of quotations or prices for those products on the world market from the agreements concluded in accordance with Article 300 of the Treaty, the difference between those quotations or prices and prices in the Community may be covered by export refunds. and within resulting limits The method to be adopted for the allocation of 2. the quantities which may be exported with a refund shall be the method which: efficient possible use of (a) is most suited to the nature of the product and the situation on the market in question, allowing the most resources available, account being taken of the efficiency and structure of Community exports without, however, creating discrimination between large and small operators; the (b) is least cumbersome administratively for operators, administration taken being of account requirements; (c) prevents any discrimination between the operators concerned. Refunds 3. Community. shall be the same for the whole (a) the existing situation and the future trend with regard to: — prices and availabilities of beef and veal sector products on the Community market, — prices for beef and veal sector products on the world market, (b) the aims of the common organisation of the market in beef and veal, which are to ensure equilibrium and the natural development of prices and trade on this market; (c) the limits resulting from agreements concluded in accordance with Article 300 of the Treaty; (d) the need to avoid disturbances on the Community market; (e) the economic aspect of the proposed exports. Account shall also be taken in particular of the need to establish a balance between the use of Community basic products in the manufacture of processed goods exported to third countries and the use of products from these countries admitted to inward-processing arrangements. 26. 6. 1999 EN Official Journal of the European Communities L 160/39 5. When prices within the Community listed in paragraph 1 are being determined the following shall be taken into account: — prices ruling on the representative Community markets, licence or another destination for which the refund was fixed, without prejudice to paragraph 3(b). Exceptions may be made to this rule in accordance with the procedure laid down in Article 43, provided conditions are laid down which offer equivalent guarantees. — prices ruling at export. When prices in international trade listed in paragraph 1 are being determined account shall be taken of: — prices ruling on third-country markets, — the most favourable prices in third countries of destination for third-country imports, — producer prices third countries, account being taken, where appropriate, of subsidies granted by those countries, recorded in exporting — free-at-Community-frontier offer prices. Refunds shall be granted only on application and 6. on presentation of the relevant export licence. 7. The refund applicable to exports of products listed in Article 1 shall be that applicable on the day of application for the licence and, in the case of a differentiated refund, that applicable on the same day: (a) for the destination indicated on the licence; or (b) for the actual destination if it differs from the destination indicated on the licence. In that case, the amount applicable may not exceed the amount applicable for the destination indicated on the licence. Appropriate measures may be taken to prevent abuse of the flexibility provided for in this paragraph. 8. Paragraphs 6 and 7 may be waived in the case of products listed in Article 1 on which refunds are paid in accordance with the under food-aid operations, procedure laid down in Article 43. 9. The refund shall be paid on proof that: — the products are of Community origin, Moreover, the payment of the refund for exports of live animals shall be subject to compliance with the legislation provisions established concerning animal welfare and, the protection of animals during transport. in Community in particular, 10. Without prejudice to paragraph 9 first indent, in the absence of a derogation granted in accordance with the procedure laid down in Article 43, no export refund shall be granted on products which are imported from third countries and re-exported to third countries. in concluded agreements 11. Observance of the volume limits resulting from the accordance with Article 300 of the Treaty shall be ensured on the basis of the export licences issued for the reference periods provided for therein which apply to the products concerned. With regard to compliance with the obligations arising in the framework of the Uruguay Round multilateral trade negotiations, the ending of a reference period shall not affect the validity of export licences. provisions 12. Detailed rules for the application of this Article, including of on exportable quantities which have not been allocated or shall be adopted by the Commission in utilised, accordance with the procedure laid down in Article 43. redistribution the With regard to paragraph 9, last subparagraph, the detailed rules for the application may also include conditions concerning, in particular, imports into third countries. Article 34 To the extent necessary for the proper working 1. of the common organisation of the market in beef and veal, the Council, acting by a qualified majority, on a proposal from the Commission, may, in special cases, prohibit in whole or in part the use of inward or in respect of outward processing products listed in Article 1. arrangements — the products have been exported from the Community, and — in the case of a differentiated refund the products have reached the destination indicated on the 2. However, by way of derogation from paragraph 1, if the situation referred to in paragraph 1 arises with exceptional urgency and the Community market is disturbed or is liable to be disturbed by the inward- or outward-processing arrangements, the Commission shall, at the request of a Member State or on its own L 160/40 EN Official Journal of the European Communities 26. 6. 1999 initiative, decide on the necessary measures; the Council and the Member States shall be notified of such measures, which shall be valid for no more than six months and shall be immediately applicable. If the Commission receives a request from a Member State, it take a decision thereon within a week following receipt of the request. shall 3. Measures decided on by the Commission may be referred to the Council by any Member State within a week of the day on which they were notified. The Council, acting by a qualified majority, may confirm, amend or repeal the If the Council has not acted within three months, Commission decision shall be deemed to have been repealed. the Commission decision. Article 35 1. The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its application shall apply to the tariff classification of products tariff covered by this Regulation; nomenclature resulting from the application of this Regulation shall be incorporated into the Common Customs Tariff. the Safe as otherwise provided for in this Regulation 2. or the in provisions adopted pursuant following shall be prohibited in trade with third countries: thereto, — the levying of any charge having equivalent effect to a customs duty, Article 36 exports, imports or If, by reason of 1. the Community market in one or more of the products listed in Article 1 is affected by, or is threatened with, serious the likely achievement of the objectives set out in Article 33 of the Treaty, appropriate measures may be applied in trade with third countries until such disturbance or threat of disturbance has ceased. disturbance jeopardise to The Council, acting by a qualified majority, on a proposal from the Commission, shall adopt general rules for the application of this paragraph and shall define the circumstances and limits within which Member States may adopt protective measures. 2. If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide on the necessary measures; the Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request. 3. Measures decided on by the Commission may be referred to the Council by any Member State within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, amend or repeal the measure in question within one month following the day on which it was referred to the Council. — the application of any quantitative restriction or measure having equivalent effect. 4. This Article shall be applied having regard to the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty. TITLE III GENERAL PROVISIONS Article 37 Member States shall record prices of bovine animals and of meat of bovine animals on the basis of rules to be established by the Commission in accordance with the procedure laid down in Article 43. Article 38 in prices is 1. When a substantial rise or fall recorded on the Community market and this situation is likely to continue, thereby disturbing or threatening to disturb the market, the necessary measures may be taken. 2. Detailed rules for the application of this Article shall be adopted by the Commission in accordance with the procedure laid down in Article 43. Article 39 In order to take account of the restrictions on free circulation which may result from the application of measures for combating the spread of diseases in animals, exceptional measures of the market affected by those restrictions may be taken in accordance with the procedure laid down in Article 43. Those measures may only be taken in so far as, and support for 26. 6. 1999 EN Official Journal of the European Communities L 160/41 for as long as, is strictly necessary for the support of that market. Article 40 Save as otherwise provided in this Regulation, Articles 87, 88 and 89 of the Treaty shall apply to the production of and trade in the products listed in Article 1. in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. 3. (a) The Commission shall adopt measures which shall apply immediately. Article 41 the and States Commission Member shall communicate to each other the information necessary for implementing this Regulation. The information to be communicated shall be determined in accordance with the procedure laid down in Article 43. Rules for the such information shall be adopted in accordance with the same procedure. communication distribution and of Article 42 called and Veal A Management Committee (hereinafter be shall established, composed of representatives of Member States and chaired by a representative of the Commission. for Beef the Committee’) (b) However, if in these measures accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event: are not — the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication, — the Council, acting by a qualified majority, may take a different decision within the referred to in the preceding time limit indent. Article 44 The Committee may consider any other question referred to it by its chairman either on his own initiative or at the request of the representative of a Member State. Article 43 Article 45 1. Where the procedure laid down in this Article is to be followed, the chairman shall refer the matter to the Committee either on his own initiative or at the request of the representative of a Member State. Regulation (EC) No 1258/1999 and the provisions adopted in implementation thereof shall apply to the products listed in Article 1. The representative of 2. the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down Article 46 This Regulation shall be so applied that appropriate account is taken, at the same time, of the objectives set out in Articles 33 and 131 of the Treaty. TITLE IV TRANSITIONAL AND FINAL PROVISIONS Article 47 Until 30 June 2002, products as referred to in 1. paragraph 2 in connection with Article 26(1), may be bought in by intervention agencies in accordance with the provisions laid down in this Article, to prevent or mitigate a substantial fall in prices. 2. Where the conditions laid down in paragraph 3 are met, buying in by intervention agencies in one or more Member States or in a region of a Member State of one or more categories, qualities or quality groups, to be determined, of falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50 originating in the Community may be fresh or chilled meat L 160/42 EN Official Journal of the European Communities 26. 6. 1999 organised under tender procedures arranged with a view to ensuring reasonable support of the market, having regard to seasonal developments as regards slaughterings. Such buying in may not cover more than 350 000 tonnes per year and for the Community as a whole. The Council may amend this quantity, acting by a qualified majority from the Commission. proposal on a For each quality or quality group that may be 3. bought in, the tender procedures may be opened as provided in paragraph 8 whenever, in a Member State or in a region of a Member State, the following two two conditions are both met consecutive weeks: for a period of — the average Community market price recorded on the basis of Community grading scale for the carcases of adult bovine animals is less than 84 % of the intervention price, — the average market price recorded on the basis of the said scale in the Member State or States or regions of a Member State is less than 80 % of the intervention price. The intervention price shall be set at: — EUR 3 475 per tonne for the period from 1 January until 30 June 2000, — EUR 3 242 per tonne for the period from 1 July 2000 until 30 June 2001, — EUR 3 013 per tonne for the period from 1 July 2001 until 30 June 2002. 4. Tender arrangements for one or more qualities or quality groups shall be suspended in any one of the following two situations: — where, for two consecutive weeks, two conditions referred to in paragraph 3 are no longer both met at the same time, the — where intervention appropriate in view of paragraph 2. buying-in is the criteria set out longer in no 5. Intervention shall also be opened if, for a period of two consecutive weeks, the average Community market price of young uncastrated male animals less than two years old or castrated male animals, recorded on the basis of the Community grading scale for carcases of adult bovine animals, falls short of 78 % of the intervention price, and if in a Member State or regions of a Member State, the average market price of young uncastrated male animals less than two years old or castrated male animals, recorded on the basis of the Community grading scale for carcases of adult bovine animals, falls short of 60 % of the intervention price; in this case, buying-in shall take place for the categories concerned in the Member States or regions of a Member State where the price level is below that limit. this For paragraph 6, all offers shall be accepted. and without buying-in, prejudice to The quantities bought in pursuant to this paragraph shall not be taken into account for the purposes of in applying paragraph 2. buying-in referred ceiling the to 6. Only offers equal to or less than the average market price recorded in a Member State or a region of a Member State and increased by an amount to be determined on the basis of objective criteria may be accepted under the buying-in systems referred to in paragraphs 2 and 5. 7. For each quality or quality group eligible for intervention, the buying-in prices and the quantities accepted for intervention shall be determined under tender procedures and may, in special circumstances, be fixed per Member State or per region of a Member State on the basis of recorded average market prices. The tender procedures must ensure equality of access for all persons concerned. They shall be opened on the basis of to be determined taking commercial structures into account, where necessary. specifications 8. Under the procedure provided for in Article 43: — the categories, qualities or quality groups of be intervention eligible shall for products determined, — the opening or reopening of tender procedures and their suspension in the case referred to in the last indent of paragraph 4 shall be decided, — the buying-in prices and the quantities accepted for intervention shall be fixed, — the amount of increase paragraph 6 shall be determined, the referred to in — the procedures implementing this Article, and in particular those designed to prevent market prices spiralling downward, shall be adopted, 26. 6. 1999 EN Official Journal of the European Communities L 160/43 — any transitional provisions necessary for the these arrangements shall be implementation of adopted. The Commission shall decide on: — opening intervention as referred to in paragraph 5 and suspending it where one or more conditions laid down in that paragraph no longer apply, — suspending buying-in as referred to in the first indent of paragraph 4. Article 48 Until 30 June 2002, the granting of aids for referred to in 1. private Article 26(3) may be decided. for products as storage 2. Detailed rules of application with regard to private storage aid shall be adopted and the granting of aids for private storage shall be decided by the Commission in accordance with the procedure laid down in Article 43. Article 49 2. References to Regulation (EEC) No 805/68 shall be construed as references to this Regulation and should be read in accordance with the correlation table in Annex V. Article 50 The Commission shall adopt, in accordance with the procedure laid down in Article 43: — the measures required to facilitate the transition from the arrangements provided in Regulation (EEC) No 805/68 to those established by this Regulation, — the measures required to resolve specific practical if duly justified, may problems. Such measures, derogate from certain parts of this Regulation. Article 51 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. Regulations (EEC) No 805/68, (EEC) No 989/ (EEC) No 98/69 and (EEC) No 1892/87 are 1. 68, hereby repealed. It shall apply as from 1 January 2000, save for Article 18 which shall apply from the entry into force of this Regulation. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 May 1999. For the Council The President K. -H. FUNKE L 160/44 EN Official Journal of the European Communities 26. 6. 1999 ANNEX I SPECIAL PREMIUM Regional ceilings of the Member States referred to in Article 4(4) Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom 235 149 277 110 1 782 700 143 134 713 999 1 754 732 (1) 1 077 458 598 746 18 962 157 932 423 400 175 075 (2) 250 000 250 000 1 419 811 (3) (1) Without prejudice to the specific rules laid down in Regulation (EEC) No 3763/91 of 16 December 1991 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments (OJ L 356, 24. 12. 1991, p. 1). Regulation as last amended by Regulation (EC) No 2598/95 (OJ L 267, 9. 11. 1995, p. 1). (2) Excluding the extensification programme set out in Regulation (EC) No 1017/94 of 26 April 1994 concerning the conversion of land currently under arable crops to extensive livestock farming in Portugal (OJ L 112, 3. 5. 1994, p. 2). Regulation as amended by Regulation (EC) No 1461/95 (OJ L 144, 28. 6. 1995, p. 4). (3) This ceiling shall be temporarily increased by 100 000 to 1 519 811 until such time as live animals under six months of age may be exported. ANNEX II SUCKLER COW PREMIUM National ceilings referred to in Article 7(2) applicable as from 1 January 2000 Belgium Denmark Germany Greece Spain France (1) Ireland Italy Luxembourg Netherlands Austria Portugal (2) Finland Sweden United Kingdom 394 253 112 932 639 535 138 005 1 441 539 3 779 866 1 102 620 621 611 18 537 63 236 325 000 277 539 55 000 155 000 1 699 511 (1) Excluding the specific ceiling as provided for in Article 5(3) of Regulation (EEC) No 3763/91. (2) Excluding the specific reserve provided for in Article 2 of Regulation (EC) No 1017/94. 26. 6. 1999 EN Official Journal of the European Communities L 160/45 ANNEX III Livestock unit (LU) conversion table referred to in Articles 12 and 13 Male bovine animals and heifers older than 24 months, suckler cows, dairy cows Male bovine animals and heifers from six months to 24 months Sheep Goats 1,0 LU 0,6 LU 0,15 LU 0,15 LU ANNEX IV ADDITIONAL PAYMENTS Global amounts referred to in Article 14 (expressed in millions of euro) 2000 2001 2002 and subsequent years 13,1 3,9 29,5 1,3 11,0 31,1 10,5 21,9 1,1 8,4 4,0 2,1 2,1 3,1 21,3 26,3 7,9 58,9 2,5 22,1 62,3 20,9 43,7 2,3 16,9 8,0 4,1 4,1 6,1 42,5 39,4 11,8 88,4 3,8 33,1 93,4 31,4 65,6 3,4 25,3 12,0 6,2 6,2 9,2 63,8 Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden United Kingdom L 160/46 EN Official Journal of the European Communities 26. 6. 1999 ANNEX V CORRELATION TABLE Regulation (EEC) No 805/68 This Regulation Article 1 Article 2 Article 4 Article 1 Article 2 — Article 4a first and second indent Article 3(a) and (b) Article 4b(1) Article 4b(2) first subparagraph Article 4b(2) second subparagraph Article 4(1) Article 4(2) Article 4(3)(a) Article 4b(3) point (a) of the third subparagraph Article 3(c) Article 4b(3a) Article 4b(4) Article 4b(5) Article 4b(7a) Article 4b(8) Article 4c(1) second subparagraph — — Article 4(6) — Article 4(8) Article 5(4) Article 4c(1) third subparagraph Article 5(1) second subparagraph Article 4c(2) second subparagraph Article 4c(2) third subparagraph Article 5(2) Article 5(4) Article 4c(3) third subparagraph Article 5(3) third subparagraph Article 4c(4) Article 5(5) Article 4d(1) first sentence Article 6(1) first sentence Article 4d(1a) Article 4d(2) first sentence Article 4d(3a) Article 4d(5) — Article 6(3) — Article 6(2)(a) Article 4d(6) first subparagraph Article 6(2)(b) first sentence Article 4d(6) second to fourth subparagraph — Article 4d(6) fifth subparagraph Article 6(2) second subparagraph Article 4d(8) second indent Article 6(7) Article 4e(1) first sentence of the first subparagraph Article 8(1) first subparagraph Article 4e(1) second sentence of the first subparagraph Article 8(4) second indent of the second subparagraph Article 4e(1) second subparagraph Article 8(1) second subparagraph Article 4e(2) Article 4e(3) Article 4e(4) Article 4e(5) Article 4f(4) first and second indents of the second subparagraph Article 8(2) Article 8(3) — Article 8(4) first subparagraph and first indent of the second subparagraph Article 9(4) first and second subparagraphs 26. 6. 1999 EN Official Journal of the European Communities L 160/47 Regulation (EEC) No 805/68 This Regulation Article 4g(3) Article 4g(4a) Article 4g(5) Article 4i Article 12(2) — Article 12(3) — Article 4j(1) to (3) Article 23(1) to (3) Article 4k Article 4l Article 5 Article 6(1) Article 6(2) Article 6(3) Article 6(4) Article 6(5) Article 6(6) Article 6(7) Article 6a Article 7 Article 8 Article 9 Article 10 Article 11 — Article 25 — Article 47(2) Article 47(3) Article 47(4) Article 47(5) Article 47(6) Article 47(7) Article 47(8) — — Article 48 Article 29 Article 30 Article 31 Article 12(1) second subparagraph Article 32(1) second subparagraph Article 12(2) to (4) Article 13(1) to (3) Article 32(2) to (4) Article 33(1) to (3) Article 13(4) first and second subparagraphs Article 33(4) first and second subparagraphs Article 13(5) to (12) Article 33(5) to (12) Article 14 Article 15 Article 16 Article 22 Article 22a(1) Article 22a(2) Article 22a(3) Article 23 Article 24 Article 25 Article 26(1) Article 26(2) Article 27 Article 28 Article 29 Article 30 Article 30a Article 31 Article 32 Article 33 Annex Annex II Article 34 Article 35 Article 36 — Article 38(1) — Article 38(2) Article 39 Article 40 Article 41 Article 42 — Article 43 Article 44 — Article 45 — Article 46 — — — —