The Beef Special Premium (Amendment) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend, with effect from 22nd May 1999, the Beef Special Premium Regulations 1996 (S.I. 1996/3241) (“the principal Regulations”) which implemented Council Regulation (EEC) 805/68 (OJ No. L148, 28.6.68, p. 24) on the common organisation of the market in beef and veal, as last amended by Council Regulation (EC) 1633/98 (OJ No. L210, 28.7.98, p. 17), and as applied in detail by Commission Regulation (EEC) 3886/92 (OJ No. L391, 31.12.92, p. 20), as last amended by Commission Regulation (EC) 2604/98 (OJ No. L328, 4.12.98, p. 6).

2.  These Regulations implement Article 3(5) of Commission Regulation (EEC) 3886/92, as introduced by Commission Regulation 2502/97 (OJ No. L345, 6.12.97, p. 21). They require that, in relation to animals in respect of which a “relevant cattle passport” has been issued, the “national administrative document” (“NAD”), which (by virtue of regulations 7(3), 8(3) and 9(3) of the principal Regulations) must accompany animals as a condition of eligibility for beef special premium, be a relevant cattle passport (regulation 4(a)(iii)). For this purpose a “relevant cattle passport” is a cattle passport within the meaning of the Cattle Identification Regulations 1998 (S.I. 1998/871) (i.e. a cattle passport containing the information set out in article 6.1 of Commission Regulation (EC) 2629/97), which is issued on or after 28th September 1998 and which contains movement cards (regulation 4(a)(i)).

3.  These Regulations also limit the scope of regulations 3 to 6 of the principal Regulations (which set out requirements relating to the NAD, other than requirements relating to its function as a condition of eligibility for premium) so as to apply only in relation to animals other than those with passports (regulation 5). (In relation to animals with passports, the corresponding requirements which, by virtue of the Cattle Identification Regulations 1998, apply in respect of cattle passports will have effect in respect of a NAD which takes the form of a “relevant cattle passport”.)

4.  In relation to animals in respect of which no cattle passport has been issued, these Regulations–

(a) extend the offence of selling an animal over three months old (unless the animal is accompanied by a NAD) so as to apply also in relation to any animals three months old or younger in respect of which such a NAD has been issued (regulation 4, amending the definition of “specified animal”);

(b) make it an offence to purchase an animal over three months old, or an animal in respect of which a NAD has been issued, unless the animal is accompanied by a NAD relating to it (in parallel to the offence of selling such an animal unless that condition is satisfied) (regulation 7);

(c) reduce the period within which a NAD must be surrendered to the appropriate Minister, on the loss, theft or export of an animal, from three months to seven days of the relevant event (regulation 8(2)(b)); and

(d) impose on persons holding an animal and on operators of licensed slaughterhouses certain requirements in relation to the death or slaughter of an animal, contravention of any of which is an offence (regulation 9). Specifically they–

(i) require the person holding an animal on its arrival at a licensed slaughterhouse to give the NAD for that animal to the operator of the slaughterhouse;

(ii) require the operator of a licensed slaughterhouse to surrender the NAD relating to an animal to the appropriate Minister or to the official veterinary surgeon acting as his agent, within seven days of the animal’s slaughter (in this specific context replacing the general obligation which, before the entry into force of these Regulations, required the holder of the NAD in such cases to surrender it to the Minister); and

(iii) on the death of an animal other than by slaughter at a licensed slaughterhouse, require the person holding the animal at the time of death to surrender the NAD to the appropriate Minister within seven days of the death.

5.  The Regulations also make certain drafting changes consequential on the revocation of the Bovine Animals Records Identification and Movement (Order) 1995 (S.I. 1995/12) by the Cattle Identification Regulations 1998 (subject to transitional provisions relating to eartags in regulation 11 of the Cattle Identification Regulations 1998 (S.I. 1998/871) (regulation 6).

6.  A regulatory impact assessment has been prepared in respect of these Regulations.