31975R0848

2 . 4 . 75 No L 82/9 Official Journal of the European Communities

REGULATION (EEC) No 848/75 OF THE COMMISSION of 1 April 1975 laying down detailed rules for the application of the systems of premiums for producers of bovine animals

THE COMMISSION OF THE EUROPEAN use and/or destination of goods, as amended by Regu­ COMMUNITIES, lation (EEC) No 595/71 (6) ; whereas failing submis­ sion of the control copy a slaughtering certificate may Having regard to the Treaty establishing the European be accepted as proof ; Economic Community ;

Having regard to Council Regulation (EEC) No Whereas it may be established that through no fault 464/75 (') of 27 February 1975 establishing systems of of the persons concerned these documents do not in premiums for producers of bovine animals, and in certain cases reach the competent authorities of the particular Articles 5 (2) and 7 thereof ; Member State granting the premium ; whereas it . would be unjust in such circumstances to refuse the Whereas provision must be made to specify the frame­ premium by reason of the absence of proof of work within which Member States are to take the slaughter ; measures necessary to ensure that obligations under the premium arrangements introduced by Regulation Whereas, in order to remedy this situation , provision ( EEC) No 464/75 are properly fulfilled ; should be made for proof of dis(,jtch to another Whereas Article 1 of Regulation (EEC) No 464/75 Member State to be acceptable also, given that to specifies that premiums for certain adult bovine comply with Articles 2 and 6 of Directive No animals for slaughter are to be granted in respect of 64/432/EEC animals must be slaughtered as soon as Community origin ; whereas the concept of Commu­ possible after their arrival in the Member State of desti­ nity origin is defined in Council Regulation (EEC) No nation ; whereas however, the premium must not be 802/68 (2) of 27 June 1968 on the common definition paid where it appears that the animals concerned have of the concept of the origin of goods ; whereas it is not been slaughtered ; advisable also to require that only animals which have been fattened for a sufficient length of time in the Whereas steps must be taken , notably in the case of Member States which grant those premiums may intra-Community trade, to ensure that meat from qualify therefor ; animals in respect of which premiums provided for as above have been granted cannot be bought in by inter­ Whereas, in the intra-Community trade, animals for vention agencies ; slaughter must be slaughtered in accordance with the provisions of Articles 2 and 6 of Council Directive No 64/432/ EEC (3) of 27 June 1964 on animal health Whereas it is necessary to fix the amounts of the problems affecting intra-Community trade in bovine premiums referred to in Article 5 ( 1 ) and (3) of Regula­ animals and swine, as last amended by Directive No tion (EEC) No 464/75 in such a way as to comply 73/ 1 50/ EEC (4) ; with the provisions of Article 5 (2) thereof ;

Whereas steps must be taken to ensure that it is the Whereas the grant of the premium for cow retention producer who receives the premium, particularly referred to in Article 5 of Regulation (EEC) No where adult bovine animals for slaughter are 464/75 is subject to an undertaking by the producer to dispatched from one Member State to another ; retain on his holding for a certain period the animals Whereas provision should be made for administrative in respect of which he has requested such premium ; collaboration between Member States to ensure that whereas it is consequently necessary to lay down provi­ the premium system is correctly applied in the case of sions for the verification of such undertakings and for intra-Community trade in animals qualifying for the recovery of premiums to which the recipient was premiums provided for by Article 1 of Regulation not in fact entitled, due provision being however (EEC) No 464/75, notably through the use of the made for cases of force majeure -, control copy provided for by Commission Regulation (EEC) No 2315/69 (5) of 19 November 1969 on the Whereas the premium referred to in Article 6 of Regu­ use of Community transit documents for the purpose lation (EEC) No 464/75 should be granted in respect of applying Community measures for verifying the of all calves born alive in the Member State concerned ; whereas it is necessary for that purpose (') OJ No L 52, 28 . 2. 1975, p. 5 . that the premium be paid in two yearly instalments, (2) OJ No L 148 , 28 . 6. 1968 , p. 1 . the presence of the calf on the holding having in each (3) OJ No 121 , 29 . 7. 1964, p. 1977/64. («) OJ No L 172, 5. 6. 1973, p. 18 . (5 ) OJ No L 295, 24. 11 . 1969 , p. 14. (6) OJ No L 69, 23 . 3 . 1971 , p. 7 .

No L 82/ 10 Official Journal of the European Communities 2 . 4 . 75

case first been established ; whereas in order to avoid Where such provision is made, the Commission shall frauds it is also necessary to mark for identification be informed . purposes the calves eligible for the premiums ; 2. In such cases the amount to be paid in respect Whereas premiums financed by the Guarantee of the premium provided for in Article 1 (2) of Regula­ Section "of the EAGGF constitute interventions on the tion (EEC) No 464/75 shall be that applicable on the internal market within the meaning of Article 3 of day when the animals in question are first offered for Council Regulation (EEC) No 729/70 (') of 21 April sale for slaughter. 1970 on the financing of the common agricultural policy, as last amended by Regulation (EEC) No All animals in respect of which premiums have been 2788/72 (2) ; granted must be slaughtered as soon as possible, in any event within a period not exceeding 28 days from Whereas the measures provided for in this Regulation the date on which they are first offered for sale and by are in accordance with the Opinion of the Manage­ 29 February 1976 at the latest. The Member States ment Committee for Beef and Veal , concerned shall take measures to ensure that such animals :

(a) are permanently marked in such a way as to rule HAS ADOPTED THIS REGULATION : out the possibility of a second premium being granted, and

Article 1 (b) are slaughtered within the prescribed time limit.

3 . The Member States shall take whatever action is 1 . Member States shall specify the categories, quali­ ties and minimum weights of the animals which they necessary to ensure that in appropriate cases an regard as eligible for the premium provided for in amount equal to the premiums granted can be recov­ ered . Article 1 of Regulation (EEC) No 464/75. Such minimum weights may not be lower than 330 kg live weight. Article 4 2. Member States shall establish equivalences Only animals of Community origin or animals which between slaughtered weight and live weight, account have prior to slaughter been fattened for a period of at being taken of the form in which the carcase is least three months in Member States which apply the presented . premiums provided for in Article 1 shall be eligible for such premiums . Article 2

Article 5 1 . Member States shall introduce control arrange­ ments designed to ensure that it is the producer who 1 . In the case provided for in the first subparagraph receives the premium . of Article 2 (2) of Regulation (EEC) No 464/75, the premiums provided for in the exporting Member State These arrangements must be such as to ensure that shall be granted only if the animals are slaughtered in the producer is identified . accordance with Articles 2 and 6 of the Council Direc­ The Member States shall inform the Commission of tive of 26 June 1964. measures taken to this end . If the animals are fattened for a period of at least three months in another Member State, the premiums 2. For the purpose of this Regulation , a ' producer' shall be the last owner of the animals before they are provided for in that Member State shall be granted by the latter . slaughtered or before they are first offered for sale for slaughter, provided that he has owned the animals for 2 . In the case provided for in the first subparagraph a period to be specified by each Member State . of paragraph 1 above, proof of slaughter shall be furnished by production of the control copy provided Article 3 for in Article 1 of Regulation ( EEC) No 2315/69 .

1 . Member States may provide for premiums as In the part of the control copy headed 'Additional Information ' sections 101 , 103 and 104 shall be referred to in Article 1 to be granted when the animals in question are first offered for sale for completed . slaughter. Section 104 shall be completed by deleting as appro­ (■) OJ No L 94, 28 . 4 . 1970 , p . 13 . priate and entering against the second indent one ot (2) OJ No L 295, 30 . 1 2. 1 972, p . 1 . the following endorsements :

2 . 4 . 75 Official Journal of the European Communities No L 82/ 11

'Slaughter — pursuant to the first indent of Article 2 2. However, Member States my provide that meat (2) of . Regulation (EEC) No 464/75'; can be bought in without the proof required under 'Slagtning — anvendelse af artikel 2, stk. 2, første led, the preceding paragraph being furnished . In such forordning (EØF) Nr. 464/75' ; case, an amount equal to the sum of the premiums operative on the day of slaughter shall be paid to the 'Schlachtung — gemaft Artikel 2 Absatz 2 erster competent authorities by the seller when meat from Gedankenstrich der Verordnung (EWG) Nr. 464/75' ; animals eligible for a premium is offered for interven­ 'Abattage — application article 2 paragraphe 2 tion . • premier tiret règlement (CEE) No 464/75' ; 'Macellazione — applicazione articolo 2, paragrafo 2, Where such provision is made, the Member States primo trattino, regolamento (CEÈ) N. 464/75' ; shall inform the Commission . 'Slachting — Toepassing van artikel 2, lid 2, eerste 3 . Beef from animals slaughtered in a Member streepje, van Verordening (EEG) nr. 464/75'. State which applies the system of premiums intro­ 3 . Where, by reason of circumstances beyond the duced by Regulation (EEC) No 464/75 but which does trader's control , the control copy cannot be produced not carry out marking as provided in point (a) of the within two months following the date on which second subparagraph of paragraph 1 may not be customs export formalities are completed, Member bought in by intervention agencies in other Member States may, by way of derogation from paragraph 2, States . accept as proof of slaughter the slaughtering certificate issued by the competent authority of the exporting Article 7 Member State .

4. If it has not proved possible to furnish proof of If the United Kingdom grants the premium provided slaughter in accordance with the preceding paragraphs for in Article 1 (2) of Regulation ( EEC) No 464/75, within three months following the date of completion Ireland and the United Kingdom shall take all neces­ of customs export formalities, the exporting Member sary measures to ensure that beef originating in State may grant the premium on receipt of proof that Ireland and intended for consumption in the United such formalities have been completed before 1 July Kingdom benefits from financial advantages identical 1975 . to those resulting from the granting of that premium on beef from animals slaughtered in the United Provided that, if the exporting Member State has good Kingdom . grounds for suspecting that the animals concerned have not been slaughtered in that Member State under the conditions laid down in the first subparagraph of Article 8 paragraph 1 , it may refuse to grant the premium . 1 . The amount to be borne by the EAGGF in The amount of the premium shall in such cases be respect of the premium for cow retention provided for that valid on the day on which customs export formali­ in Article 5 ( 1 ) of Regulation (EEC) No 464/75 shall ties were completed . be 9-941 units of account per cow present on the recipient's holding at the reference date 4 March Article 6 1975 . 1 . Beef from animals slaughtered in a Member 2. The amount of the national supplementary State which applies the premiums introduced by premium provided for in Article 5 (3) of Regulation Article 1 of Regulation (EEC) No 464/75 or from (EEC) No 464/75 shall be 18-462 units of account per animals slaughtered as provided in Article 5 may be cow present on the recipient's holding at the refer­ bought in by intervention agencies only if proof is ence date laid down in paragraph 1 . . furnished that such meat comes from an animal in respect of which no premium has been granted . 3 . The amount of the premiums referred to in the preceding paragraphs shall be payable in respect of a To enable such proof to be furnished arrangements consisting in one or other of the following systems maximum of 15 cows per holding. The Member States concerned may lay down additional conditions for the shall be adopted ; granting of such premiums . (a) the placing at the time of slaughter of a mark on meat from animals in respect of which a premium has been granted, or Article 9 (b) the issue of certificates declaring that the meat 1 . Every recipient of a premium as referred to" in concerned comes from animals in respect of Article 8 shall be . under an obligation , subject to the , which no premium has been granted . maximum laid down in Article 8 (3 ), to retain on his Each Member State shall forward to the Commission holding until 15 November 1975 a number of cows at and to the other Member States specimens of the least equal to that in - respect of which such premium marks used for the above purpose . was granted to him .

No L 82/ 12 Official Journal of the European Communities 2 . 4 . 75

Article 13 2. The provisions of Articles 17 and 18 of Regula­ tion (EEC) No 1821 /73 shall apply in respect of 1 . Member States which grant the premiums premiums as referred to in Article 8 . provided for in Article 1 of Regulation (EEC) No 464/75 shall, not later than 15 days after the end of Article 10 the week to which the information relates, inform the Commission of the number of animals broken down 1 . The premium referred to in Article 6 of Regula­ by category as determined pursuant to Article 1 of the tion (EEC) No 464/75 may be granted only if the present Regulation , in respect of which entitlement to competent authority is satisfied that the calf was born alive in the Member State concerned . the premium was established during the week in ques­ tion and also of the amount of the supplementary 2 . A first instalment of 28 units of account shall be national premium as provided for in Article 1 (2) of paid at the latest within 60 days following the date on the said Regulation (EEC) No 464/75. which the application is approved by the competent 2. The Member States which grant the premiums authority. provided for in Article 4 of Regulation (EEC) No 3 . A second instalment of 28 units of account shall 464/75 shall , not later than a month after the end of the month to which the information relates, inform be paid at the latest during the twelfth month following the date on which the application is the Commission of the number of animals in respect approved by the competent authority and after verifica­ of which entitlement to the premium was established tion by this authority that the calf was alive one year during the month in question . after birth . Article 14 Article 11 The premiums recovered by the Member States in the cases provided for in Articles 3 (3) and 6 (2) shall, to Animals eligible for the premium referred to in the extent that expenditure in respect thereof has Article 10 shall be identified by an indelible mark or been charged to the Community, be set off against the any equivalent permanent system of marking. expenditure to be borne by the Guarantee Section of the EAGGF . Article 12 Article 15 Member States shall inform the Commission of measures taken to implement the present premium This Regulation shall enter into force on the day of its arrangements not later than 10 days following the day publication in the Official Journal of the European on which such measures are put into effect. Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 1 April 1975.

For the Commission

P.J. LARDINOIS Member of the Commission