L 1184 Official Journal of the European Communities 19.5.2000 COMMISSION REGULATION (EC) No 1042/2000 of 18 May 2000 amending Regulation (EC) No 23421999 laying down detailed rules as regards premium schemes in the beef and veal sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 12541999 of 17 May 1999 on the common organisation of the market in beef and veal ('), as amended by Commission Regulation (EC) No 907/2000 (3, and in particular Articles 4(8), 6(7), 11(5) and 12(3) and the second indent of Article 50 thereof, Whereas: 1) S3TEEEE o000 DA/ |l onll onll onll anll o — O BN In connection with the special premium granted on slaughter and the slaughter premium, the period of less than one month for slaughter, consignment or export after the retention period, as provided for respectively in Articles 9(1) and 37(1) of Commission Regulation (EC) No 2342/1999 of 28 October 1999 laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes (3), has proved insufficient, in particular having regard to certain veterinary requirements in the case of export. A lengthier period should accordingly be allowed in that event. Furthermore and for the sake of fairness, this measure should apply, on application by the producer, as from the time the new premium scheme was intro- duced. Article 4 of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (¥, as last amended by Commission Regulation (EC) No 749/2000 (°), and Article 16(3) of Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (%) use the term ‘avai- lable’ to refer to the individual reference quantity of milk. However, Articles 17 and 31 of Regulation (EC) No 2342/1999 use the term ‘allocated’ to refer to the same concept. For the sake of legal clarity, the same term should always be used for the same concept. This question of terminology, which goes back to the intro- duction of the new premium scheme, needs to be settled. Where the application of Article 6(2) of Regulation (EC) No 1254/1999, which allows applications for suckler-cow premiums to include up to 20 % heifers, to premium applications submitted by small producers gives a figure of less than one, such small producers are 60, 26.6.1999, p. 21. 05, 3.5.2000, p. 6. 81, 4.11.1999, p. 30. 05, 31.12.1992, p. 1. 0, 12.4.2000, p. 4. 60, 26.6.1999, p. 48. barred from including replacement heifers in their premium applications. As recital 7 of that Regulation states, the measure is intended to limit the number of heifers to the normal ratio of replacement. To that end, Article 50 of that Regulation provides for the requisite measures to be taken to resolve specific practical prob- lems. As a consequence, such small producers applying for suckler-cow premiums in respect of at least two animals should be able to qualify for the premium in respect of one replacement heifer and this should apply as from the new scheme's introduction in order to avoid discriminating between producers. In accordance with Article 30 of Regulation (EC) No 2342/1999, the Member States may set periods and dates for the submission of special and suckler-cow premium applications and may limit the number of applications that each producer may submit per premium scheme and calendar year. This is justified on grounds of sound administration and with a view to monitoring premiums. Since these reasons are valid for the slaugther premium too, those provisions should also apply to the latter. The individual reference quantity of milk defined in Article 16(3) of Regulation (EC) No 1255/1999, which is used to determine the number of cows eligible for the suckler — cow premium in mixed herds as provided for in Article 6(2)(b) of Regulation (EC) No 1254/1999 and the stocking density as referred to in Article 12 of that Regulation, relates to the reference quantity regarded as most faithfully reflecting the real number of dairy cows on the holding, i. e. the quantity available at 31 March or 1 April depending on whether the producer respec- tively releases or takes over that reference quantity. However, where the transfer of an individual reference quantity has an effect at the beginning of the following milk year only, i. e. on 1 April, that aim is only achieved by using the reference quantity as at 1 April for the calculation. As a result, the strict application of the abovementioned provisions leads, in the cases mentioned, to insurmountable difficulties. In such cases, provision should be made for special measures, in accordance with Article 50 of Regulation (EC) No 1254/ 1999, to avoid discriminating between producers. Such measures — which should be optional for the Member States concerned — will apply from 2001 until the date of actual application of direct payments in the milk and milk products sector, except as regards producers who are located in Member States that decide to implement the measure from the year 2000 and who are already