The Beef Special Premium (Amendment) Regulations 1995

Statutory Instruments

1995 No. 14

AGRICULTURE

The Beef Special Premium (Amendment) Regulations 1995

Made

9th January 1995

Laid before Parliament

9th January 1995

Coming into force

30th January 1995

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by that section and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title, extent and commencement

1.  These Regulations may be cited as the Beef Special Premium (Amendment) Regulations 1995, shall extend to Great Britain and shall come into force on 30th January 1995.

Amendments to the Beef Special Premium Regulations 1993

2.—(1) The Beef Special Premium Regulations 1993(3) shall be amended in accordance with the following paragraphs of this regulation.

(2) Insert the following paragraph after paragraph (4) of regulation 3 (national administrative documents)—

“(5) Notwithstanding paragraph (4) above, the appropriate Minister shall not issue to the person who made such application a national administrative document for that animal if any requirement of articles 8 to 14 inclusive of the Bovine Animals (Records, Identification and Movement) Order 1995(4) is being contravened in relation to that animal.”

(3) In paragraph (2) of regulation 10 (retention of records), delete sub-paragraph (b). Insert instead—

“(b) retain for such period any records which he has kept under—

(i) article 3(1) of the Movement of Animals (Records) Order 1960(5) and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990(6), and

(ii) article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995;

provided that the animals for which an application for Community premium was made are clearly distinguished from the other animals recorded in such records.”

Michael Jack

Minister of State, Ministry of Agriculture, Fisheries and Food

9th January 1995

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

6th January1995

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations make two changes to the Beef Special Premium Regulations 1993 (S.I. 1993/1734 as already amended by S.I. 1994/3131, together referred to in this note as the “Existing Regulations”).

2.  Like the Existing Regulations, these Regulations extend to Great Britain only.

3.  The amendments are due to the making of the Bovine Animals (Records, Identification and Movement) Order 1995 (S.I. 1995/12), referred to in this note as the “BARIM Order”) which implements in the UK Council Directive 92/102/EEC (OJ No. L355, 5.12.92, p.32).

4.  The BARIM Order replaces the Movement of Animals (Records) Order 1960 (S.I. 1960/105, to which amendments relevant to the Existing Regulations were made by S.I. 1961/1493 and S.I. 1989/879) and the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 (S.I. 1990/1867, amended by S.I. 1993/503) (together referred to in this note as the “Existing Orders”). It requires bovine animals to be identified with uniquely numbered ear-tags from 1st April 1995 (referred to in this note as “uniquely identified”).

5.  These Regulations amend the Existing Regulations by inserting a new paragraph, (5), into regulation 3 and by amending regulation 10(2)(b).

6.  The new paragraph (5) in regulation 3 expressly qualifies the right to issue a national administrative document (which is necessary for the grant of premium). It does this by prohibiting its issue in relation to any animal in respect of which the identification provisions of the BARIM Order are contravened. This is inserted pursuant to Article 3(1) of Commission Regulation 3886/92 (which is defined in the Existing Regulations) which requires Member States to ensure that national administrative documents enable steps to be taken to ensure that one premium only is granted per animal; Article 3(1) is to be read with the opening of Article 59 of the same Regulation.

7.  Regulation 10(2)(b) of the Existing Regulations requires, in certain circumstances, the retention of records made under the Existing Orders. It is amended to take account of their replacement by the BARIM Order.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

S.I. 1993/1734, amended by S.I. 1994/3131.

(4)

S.I. 1995/12.

(5)

S.I. 1960/105; relevant amending instruments are S.I. 1961/1493 and S.I. 1989/879. These instruments are revoked in relation to bovine animals by S.I. 1995/12.

(6)

S.I. 1990/1867, amended by S.I. 1993/503. These instruments are revoked in relation to bovine animals by S.I. 1995/12.