29. 9. 90 Official Journal of the European Communities No L 268/35 COMMISSION REGULATION (EEC) No 2814/90 of 28 September 1990 laying down detailed rules for the definition of lambs fattened as heavy carcases THE COMMISSION OF THE EUROPEAN ‘COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat ("), and in parti- cular Articles 5 (9) and 28 thereof, Hayiﬁg regard to Council Regulation (EEC) No 3901/89 of 12 December 1989 defining lambs fattened as heavy carcases (3), and in particular Article 1 (2) thereof, Whereas Article 5 (4) of Regulation (EEC) No 3013/89 states that a producer marketing sheep’s milk or sheep’s milk products will, if he can prove that at least 40 % of the lambs born on his holding have been fattened as heavy carcases with a view to their slaughter, be able, at his request, to receive the premium for the heavy cate- gory, in proportion to the number of lambs born on his holding which are fattened as heavy carcases; Whereas Article 1 (1) of Regulation (EEC) No 3901/89 defines lambs fattened as heavy carcases as those which have been the subject, after weaning, of a declaration of stock sent for fattening in verifiable batches and have reached a minimum average weight of 25 kilograms follo- wing a minimum period of fattening of 45 days ; whereas, however, the second subparagraph of that paragraph provides for a derogation with regard to weaning for lambs belonging to a limited number of meat breeds and raised in geographically well defined areas; Whereas the obligations to be complied with by the producer in order to be able to benefit from the provi- sions of Article 5 (4) of Regulation (EEC) No 3013/89 should be defined ; whereas it is necessary to provide for an effective control procedure to ensure compliance with the provisions in question ; whereas in cases where lambs are fattened in a Member State other than that in which the producer lodged his premium application and fatte- ning declaration a procedure for administrative coopera- tion between the competent authorities of the two Member States must be set up and such procedures are to be notified to the Commission ; Whereas, for application of the dei'ogation with regard to weaning, specific obligations should be laid down in order to make effective control possible; whereas for that () OJ No L 289, 7. 10. 1989, p. 1. () OJ No L 375, 23. 12. 1989, p. 4. purpose the beneficiary should be required to fatten as heavy carcases all the lambs born to his ewes; whereas this obligation is in line with customary farming practice in the geographical areas and for the breeds for which this derogation is intended ; Whereas, pursuant to Article 22 (8) of Regulation (EEC) No 3013/89, the arrangements which are the subject of this Regulation may apply in Spain or Portugal from the 1990 marketing year if those Member States have intro- duced, from the 1990 marketing year, the measures provided for in Article 4 (4) of that Regulation ; whereas, by Commission Decision 90/19/EEC (), Spain was autho- rized, on a transitional basis and from the beginning of that markéting year, to introduce the arrangements on the basis of national implementing provisions; whereas Portugal has stated its intention to introduce the arrange- ments during the 1990 marketing year; whereas there should therefore be provision for this Regulation to apply only to premiums to be paid for the 1990 marketing year for which application has not yet been made; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats, HAS ADOPTED THIS REGULATION : Article 1 1. In order to be able, subject to the special provisions laid down in Article 2, to receive the premium for the heavy category in accordance with Article 5 (4) of Regula- tion (EEC) No 3013/89, each producer marketing sheep’s milk or sheep’s milk products shall submit an application for the premium in the course of a set period within the period 1 November to 31 December preceding the begin- ning of the marketing year to which the premium relates and state his intention to fatten with a view to slaughter at least 40 % of the lambs born to the ewes to which the application for the premium relates. Following submis- sion of the application he shall also submit to the compe- tent authority, no later than the day fattening of a batch begins, a specific declaration stating at least : — the date fattening is to begin, — the number of lambs in the batch, — the location where fattening is to take place. () OJ No L 11, 13. 1. 1990, p. 51.