Commission Regulation (EC) No 2550/2001 of 21 December 2001 laying down detailed rules for the application of Council Regulation (EC) No 2529/2001 on the common organisation of the market in sheepmeat and goatmeat as regards premium schemes and amending Regulation (EC) No 2419/2001

• Published date: 01 January 2002
• Court: European Commission
• Subject Matter: Sheepmeat and goatmeat
• Official Gazette Publication: Official Journal of the European Communities, L 341, 22 December 2001

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Commission Regulation (EC) No 2550/2001 of 21 December 2001 laying down detailed rules for the application of Council Regulation (EC) No 2529/2001 on the common organisation of the market in sheepmeat and goatmeat as regards premium schemes and amending Regulation (EC) No 2419/2001

Official Journal L 341 , 22/12/2001 P. 0105 - 0117

Commission Regulation (EC) No 2550/2001

of 21 December 2001

laying down detailed rules for the application of Council Regulation (EC) No 2529/2001 on the common organisation of the market in sheepmeat and goatmeat as regards premium schemes and amending Regulation (EC) No 2419/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2529/2001 of December 2001 on the common organisation of the market in sheepmeat and goatmeat(1), and in particular Articles 4(6), 5(4), 8(5), 9(5), 10(4) and 11(3) thereof,

Having regard to Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes(2) as last amended by Commission Regulation (EC) No 495/2001(3), and in particular Article 12 thereof,

Whereas:

(1) Regulation (EC) No 2529/2001 sets up a new system of premia to replace the system set out in Council Regulation (EC) No 2467/98, of 3 November 1998 on the common organisation of the market in sheepmeat and goatmeat(4), as amended by Regulation (EC) No 1669/2000(5). In order to take account of the new arrangements and in the interests of clarity, it is necessary to establish new rules to replace those set out in Commission Regulations (EEC) No 2814/90 of 28 September 1990 laying down detailed rules for the definition of lambs fattened as heavy carcasses(6), as last amended by Regulation (EC) No 2234/98(7), (EEC) No 2385/91 of 6 August 1991 laying down detailed rules for certain special cases regarding the definition of sheepmeat and goatmeat producers and producer groups, as last amended by Regulation (EC) No 2254/1999(8), (EEC) No 2230/92(9) of 31 July 1992 laying down certain detailed rules for the application in the Canary Islands of the ewe and she-goat premium scheme(10), (EEC) No 3567/92 of 10 December 1992 laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Article 5a to 5c of Council Regulation (EEC) No 3013/89 on the common organisation of the market in sheepmeat and goatmeat(11), as last amended by Regulation (EC) No 1311/2000(12), (EEC) No 2700/93 of 30 September 1993 on detailed rules for the application of the premium in favour of sheepmeat and goatmeat producers(13), as last amended by Regulation (EC) No 1410/1999(14) and (EC) No 2738/1999 of 21 December 1999 determining the mountain areas in which the premium for goatmeat producers is granted(15) and to repeal these regulations.

(2) The ewe premium scheme referred to in Article 4 of Regulation (EC) No 2529/2001 falls within the scope of Regulation (EEC) No 3508/92. As a result, this Regulation should be restricted to the regulation of outstanding matters which have not been covered by Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92(16) (hereinafter referred to as the "integrated system"), in particular those concerning the periods and conditions related to the applications for the premium and for the supplement to the premium as well as the duration of the retention period.

(3) Article 4(2) of Regulation (EC) No 2529/2001 provides for the granting of a premium to goatmeat producers in certain areas of the Community. The areas in question should therefore be determined in accordance with the criteria laid down in this provision.

(4) In accordance with Article 5(1) of Regulation (EC) No 2529/2001 producers whose holdings have at least 50 % of their area used for agriculture situated in some disadvantaged or remote areas may qualify for a supplementary premium. Article 4(2) makes reference to the specific geographical zones where goatmeat producers meet the necessary conditions to qualify for the goat premium. Provisions should be made for a declaration to be provided by producers meeting these criteria to enable Member States to determine whether the appropriate conditions for granting the aid are met in order to avoid any unjustified payments to holdings that are not eligible. When producers are not required under the integrated system to submit an "area" aid application, provision should be made for a specific declaration as documentary proof that at least half of the land they are using for agricultural production is located in less favoured areas or in areas which quality for the goat premium.

(5) Council Regulation (EC) No 1454/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican)(17) provides for the application of specific measures relating to sheep and goat farming in the Canary Islands. Those measures entail the grant of a supplement to the premium of an amount, which has to be specified.

(6) The criteria for eligibility for direct payments and, in particular the conditions required need to be clarified.

(7) For the purpose of monitoring the system of granting of premiums and the sheepmeat and goatmeat market Member States should notify the Commission regularly on that matter.

(8) With a view to implementing the system of individual limits as introduced by Articles 8 to 10 of Regulation (EC) No 2529/2001, the rules governing the determination of those limits and their communication to the producers should be specified.

(9) Appropriate measures should also be taken to ensure that rights granted free of charge from the national reserve are used by the beneficiaries solely for the intended purposes.

(10) Bearing in mind the regulating effect which the system of individual limits will have on the market, provision should be made for premium rights not used by their holder during a specific period to revert to the national reserve. However, this rule should not apply in some exceptional and duly justified circumstances, such as the case of small producers or of producers participating in extensification programmes and early retirement schemes contemplated in Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(18).

(11) It is opportune to encourage the mobilisation of premium rights and equally to foresee measures that will lead to rights being restored to producers who will benefit from them. To this end, a minimum percentage of use of rights to the premium should be fixed. This percentage needs to be sufficient to avoid under-utilisation of the rights available in certain Member States, which might give rise to problems for priority producers applying for rights through the national reserve. Member States should therefore be authorised to raise the minimum percentage of use of rights, which should not, however, exceed 90 %.

(12) The uniform implementation of the provisions relating to the transfer and temporary leasing of rights entails the laying-down of certain administrative rules. In order to avoid excessive administrative work, Member States should be permitted to fix a minimum number of rights which may be transferred or leased. Such rules should also prevent infringement of the undertaking provided for in Article 9 of Regulation (EC) No 2529/2001 to surrender, each time that rights are transferred without transfer of the holding, a...