THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal1, as last amended by Commission Regulation (EC) No 2417/952 and, in particular, Article 23 thereof,

Whereas Commission Decision 96/239/EC of 27 March 1996 on emergency measures to protect against bovine spongiform encephalopathy (BSE)3 prohibits the exportation of live bovine animals, or any part of them, from the United Kingdom to other Member States and their export to third countries as a result of the incidence of BSE in the United Kingdom; whereas the United Kingdom has prohibited the introduction of bovine animals of more than 30 months at the time of slaughter into the human food and animal feed chains; whereas these measures involve serious disturbances in the market of the United Kingdom; whereas it is therefore necessary to take exceptional measures to support this market; whereas it is appropriate to establish a Community co-financed scheme authorizing the United Kingdom to purchase the animals covered by the abovementioned prohibition with a view to killing and subsequently destroying them;

Whereas, in view of the extent of the disease, in particular, of its probable duration, and consequently of the magnitude of the efforts needed to support the market, it would be appropriate for such efforts to be shared by the Community and the United Kingdom;

Whereas, in most cases animals slaughtered above the age of 30 months are cull cows; whereas the most recently observed price of carcases of cows on the United Kingdom market was equivalent to ECU 1 per kilogram live weight and that it is therefore appropriate to base the purchase price on this, without prejudice to the possibility of subsequent adjustment in the light of developments; whereas, in similar cases the Community has contributed to the overall expenditure incurred at a rate of 70 %; whereas a price of ECU 1 per kilogram is equal on average to a price of ECU 560 per animal; whereas it is appropriate, in view of the large numbers of animals concerned and in the interests of simplification, to provide a Community contribution of ECU 392 per animal;

Whereas, it is necessary to ensure that the animals concerned are killed and destroyed in a manner which does not pose any threat to human health or the health of other animals; whereas, it is therefore necessary to specify the conditions for the destruction of these animals and of the controls to be carried out by the United Kingdom authorities; whereas, so as to avoid that animals to be slaughtered under this scheme mix with animals not covered by this scheme and that mistakes as to identity occur, they should be kept separately in the lairage to a slaughterhouse, as well as in the slaughterhouse itself;

Whereas, provision should be made for Commission experts to check compliance with the conditions as specified;

Whereas the Management Committee for Beef and Veal has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION: