31974R2163
No L 226/30 Official Journal of the European Communities 15 . 8 . 74
REGULATION (EEC) No 2163/74 OF THE COMMISSION of 14 August 1974 % laying down detailed rules for the application of the system of premiums for the orderly marketing of certain adult bovine animals for slaughter
THE COMMISSION OF THE EUROPEAN Whereas provision should be made for administrative COMMUNITIES, collaboration between Member States to ensure that the premium system is correctly applied in intra Having regard to the Treaty establishing the European Community trade in animals qualifying for a Economic Community ; premium, notably through the use of the control copy provided for by Commission Regulation (EEC) No Having regard to Council Regulation (EEC) No 231 5/69 (7) of 19 November 1969 on the use of 805/68 ('), of 27 June 1968 on the common organiza Community transit documents , for the purpose of tion of the market in beef and veal , as last amended applying Community measures for verifying the use by Regulation (EEC) No 1855/74 (2), and in particular and/or destination of goods, as amended by Regula Articles 22a (3) and 25 thereof ; tion (EEC) No 595/71 («) ;
Having regard to Council Regulation (EEC) No Whereas steps must be taken , notably in intra 1 967/74 (3) of 23 July 1974 introducing a system of Community trade, to ensure that meat from animals premiums for the orderly marketing of certain adult in respect of which a premium has been granted is bovine animals for slaughter, and in particular Article not bought in by intervention agencies ; 4 (2) thereof ; Whereas the measures provided for in this Regulation Whereas Member States have wide discretion as to the are in accordance with the Opinion of the Manage extent to which they implement the premium system ment Committee for Beef and Veal , introduced by Regulation (EEC) No 1967/74 ; whereas the framework within which Member States are to take the measures necessary to ensure that obligations HAS ADOPTED THIS REGULATION : under the premium are properly fulfilled must be specified ; Article 1 Whereas Article 1 of Regulation ( EEC) No 1967/74 specifies that the premium for certain adult bovine 1 . Member States shall specify the categories, quali animals for slaughter is granted to animals of Commu ties and lower weight limits of the animals which they nity origin ; whereas the concept of Community regard as eligible for the premium for the orderly origin is defined in Council Regulation (EEC) No marketing of certain adult bovine animals . These 802/ 68 (4) of 27 June 1968 on the common definition weight limits may not be lower than 330 kg live of the concept of the origin of goods ; whereas adult bovine animals which have been fattened for a suffi weight. cient length of time in the Community should also be 2. Member States shall establish equivalences deemed to be of Community origin ; between slaughtered weight and live weight, account being taken of the form in which the carcase is Whereas , in intra-Community trade, animals for presented . slaughter must be slaughtered in accordance with the provisions of Articles 2 and 6 of Council Directive No 64/432/ EEC (5 ) of 26 June 1964 on animal health Article 2 problems affecting intra-Community trade in bovine animals and swine, as last amended by Directive No 1 . Member States which exercise the option 73 / 1 50 / EEC ( 6) ; provided for by Article 1 of Regulation (EEC) No 1967/74 shall introduce control systems to ensure that Whereas steps must be taken to ensure that it is the it is the producer who receives the premium . producer who receives the premium , particularly where adult bovine animals for slaughter are The systems chosen must be such as to ensure that dispatched from one Member State to another ; the producer is identified .
(') OJ No L 148 , 28 . 6 . 1968 , p. 24. The Member States shall inform the Commission of (2) OJ No L 195 , 18 . 7 . 1974, p. 14. measures taken to that end . (3) OJ No L 206, 27. 7. 1 974, p. 1 . (4) OJ No L 148 , 28 . 6 . 1968 , p. 1 . (5) OJ No 121 , 29 . 7. 1964, p . 1977/64. ( 7) OJ No L 295, 24 . 11 . 1 969 , p. 1 4 . (*) OJ No L 172, 5 . 6 . 1973 , p. 18 . ( s) OJ No L 69 , 23 . 3 . 1971 , p. 7 .
15 . 8 . 74 Official Journal of the European Communities No L 226/31
2. For the purpose of this Regulation, a 'producer '— slaughter — pursuant to the first indent of shall be the last owner of the animals before they are Article 2 (3) of Regulation (EEC) No 1967/74 ;' slaughtered or before they are first offered for sale for '— slagtning — anvendelse af artikel 2, stk. 3, slaughter, provided that he has owned the animals for ferste led, forordning (E0F) nr. 1 967/74 a period to be specified by each Member State . '— Schlachtung — gemafl Artikel 2 Absatz 3 erster Gedankenstrich der Verordnung (EWG) Nr. Article 3 1967/74 ;' '— abattage — application article 2 paragraphe 3 1 . Member States may provide for the premium to premier tiret reglement (CEE) n° 1967/74 ;' be granted from the date on which the animals are first offered for sale for slaughter. '— macellazione — applicazione articolo 2, para grafo 3, primo trattino, regolamento (CEE) n . Where such provision is made, the Commission shall 1967/ 74 be informed . '— Slachting — Toepassing van artikel 2, lid 3, eerste 2. In such case the premium to be paid shall be the streepje, van Verordening nr. 1967/74 ;' premium operative when the animals are first offered 3 . Where, by reason of circumstances beyond the for sale for slaughter. trader's control, the control copy cannot be produced All animals in respect of which a premium has been within two months following the date on which granted must be slaughtered within 15 days of the customs export formalities are completed, Member date on which they are first offered for sale and by 28 States may, by way of derogation from paragraph 2, February 1975 at the latest. The Member States accept as proof of slaughter presentation of the concerned shall take measures to ensure that such slaughtering certificate issued by the competent animals : authority of the exporting Member State.
(a) are permanently marked to rule out the possibility Article 6 of a second premium being granted, and (b) are slaughtered within the prescribed time limit. 1 . Beef and veal from animals slaughtered in a Member State which applies the premium system The Member States shall take whatever action is neces introduced by Regulation ( EEC) No 1967/74 or from sary to ensure that, should need arise, an amount animals slaughtered as provided for in Article 5 shall equal to the premium granted can be recovered. be bought in by intervention agencies only if proof is furnished that such meat comes from an animal in Article 4 respect of which no premium has been granted. Only animals of Community origin or animals which s The proof shall be established by placing at the time have prior to slaughter been fattened in the Commu of slaughter a mark on meat coming from animals in nity for a period of at least three months shall be elig respect of which a premium has been granted . ible for a premium . Each Member State shall forward to the Commission and the other Member States specimens -of the marks Article 5 used for that purpose. 1 . In the case provided for in the first subparagraph 2. However, Member States may provide that meat of Article 2 (3) of Regulation (EEC) No 1967/74, the can be bought in without the proof required under premium shall be paid by the exporting Member State the preceding paragraph being furnished. In such if the animals are slaughtered in accordance with Artir case, an amount equal to the premium operative on cles 2 and 6 of the Council Directive of 26 June 1964. the day of slaughter shall be paid to the competent If the animals are fattened for a period of at least authorities by the seller when meat from animals elig ible for a premium is offered for intervention . three months in another Member State, the premium shall be paid by that Member State. Where such provision is made, the Member States shall inform the Commission . 2. In the case provided for in the first subparagraph of paragraph 1 above, proof of slaughter shall be furnished by production of the control copy provided Article 7 for in Article 1 of Regulation (EEC) No 2315/ 69 . 1 . The amount of the premium may be reduced, as Sections 101 , 103 and 104, which appear in the provided for, only if market prices show a clear control copy under the heading Additional Informa upward trend . tion , shall be completed . 2. Application of the premium system may be Section 104 shall be completed by deleting as appro suspended, as provided for, only if the condition speci priate and entering against the second indent one of fied in paragraph 1 is satisfied over a sufficiently repre the following endorsements : sentative period .
No L 226/ 32 Official Journal of the European Communities 15 . 8 . 74
Article 8 entitlement to the premium was established during the week in question, broken down by category as 1 . Member States which exercise an option determined pursuant to Article 1 . provided for in Article 1 of Regulation (EEC) No 1967/74 shall inform the Commission of measures taken to implement the premium system not later Article 9 than 10 days following the day on which such measures are put into effect. This Regulation shall enter into force on the third day following its publication in the Official Journal of 2. The Member States referred to in paragraph 1 the European Communities. shall, not later than 15 days after the end of the week to which the information relates, inform the Commis It shall apply, except for Article 5, from 5 August sion of the number of animals in respect of which 1974 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 14 August 1974.
For the Commission
The President
Francois-Xavier ORTOLI