31973R1353

No L 141 / 18 Official Journal of the European Communities 28 . 5 . 73

REGULATION (EEC) No 1353 /73 OF THE COUNCIL of 15 May 1973

introducing a premium system for the conversion of dairy cow herds to meat production and a development premium for the specialized raising of cattle for meat production

THE COUNCIL OF THE EUROPEAN COMMUNITIES , Whereas it is necessary to restrict the granting of this premium to farmers who already have sufficient means of production to ensure that the conversion to Having regard to the Treaty establishing the meat production will not involve any appreciable European Economic Community, and in particular reduction in their income ; whereas, however, account Article 43 thereof; should be taken of the existence within the Community of certain regions in which small dairy cow herds predominate and in which agricultural Having regard to Council Regulation (EEC) No production may be directed towards products other 805/ 68 (x ) of 27 June 1968 on the common than milk ; organization of the market in beef and veal, as last amended by Regulation (EEC) No 187/73 (2), and in particular Article 2 thereof; Whereas the amount of this premium must be fixed at such level that it may be considered as compensation for temporary loss of income from the Having regard to the proposal from the Commission ; marketing of the products in question ;

Having regard to the Opinion of the European Parliament ; Whereas, however, where in one or more regions of a Member State the raising of cattle is difficult and consequently the price paid to the producer for milk Whereas the present situation on the Community is clearly higher than the target price, it may prove beef and veal market is marked by a substantial expedient to authorize that Member State not to deficit ; implement the provisions concerning the conversion premium in the regions concerned, and, in this case, to make provision for the possibility of granting in Whereas, however, it is possible to increase the meat these regions a development premium for the production potential in certain Community categories specialized raising of cattle for meat production ; of bovine animals ;

Whereas all the proposed measures envisaged are of Whereas this trend is at present encouraged by the importance to the Community and are designed to favourable development of market prices for beef and attain the objectives defined by Article 39 ( 1 ) ( a ) of veal ; whereas, moreover, the guide prices in this the Treaty, including the structural changes necessary sector for the 1973 /74 marketing year have been for the common market to function properly; fixed at a sufficiently high level to encourage whereas they therefore constitute a joint action, agricultural producers to increase appreciably the within the meaning of Article 6 of Council production potential of these animals ; Regulation (EEC) No 729/70 (3) of 21 April 1970 on the financing of the Common Agricultural Policy, as last amended by the Act (4) concerning the Whereas the present situation in the milk and milk Conditions of Accession and the Adjustments to the products sector is marked by substantial and Treaties ; increasing surpluses ; whereas it therefore seems justified to grant a premium for the conversion of dairy cow herds to meat production to farmers, who, Whereas half the expenditure incurred by the although they do not dispose of their cows , give up, granting of these premiums should be financed at for a period of four years, all marketing of milk and Community level ; milk products ;

H OJ No L 148 , 28 . 6. 1968 , p . 24. (8 ) OJ No L 94, 29 . 4 . 1970, p . 13 . H OJ No L 25 , 30. 1 . 1973 , p . 23 . (4 ) OJ No L 73 , 27. 3 . 1972, p . 14.

28 . 5 . 73 Official Journal of the European Communities No L 141 / 19

HAS ADOPTED THIS REGULATION : 2. , However, where cows are retained by the producer, the latter must in addition, in order to be eligible for the premium, show evidence to the TITLE I satisfaction of the competent authority that he is building up his herd in such a way that, by the end of Premium for the conversion of dairy cow herds to the third year at the latest following the date of approval of his application at least 80 % of the meat production and development premium for the number of cows or heifers in calf kept on the farm specialized raising of cattle for meat production referred to in paragraph 1 (b) shall consist either of females with characteristics of one of the recognized Article 1 meat producing breeds or of females born as a result of cross-breeding with a bull listed in the herd book of one of those breeds or, failing that, presenting Producers may, upon application submitted either sufficient guarantees of its ability to transmit the individually or jointly through a producers' essential characteristics of that breed to its progeny. association to which they belong, receive a premium for the conversion of dairy cow herds to meat production . Article 4

The amount of the premium shall be 7-5 units of Article 2 account per 100 litres of milk or milk products, expressed in milk equivalent, supplied by the 1 . In order to be eligible for the premium, each producer during the twelve months preceding the producer must show evidence to the satisfaction of reference date. the competent authority that at a reference date established by each Member State he kept at least 11 Article 5 dairy cows.

Where it is found that in one or more regions of a 2. Notwithstanding the provisions of paragraph 1 , Member State the average milk prices paid to the Member States are authorized : producers in the 1972/73 milk year are higher than 125 % of the target price for milk for that same year, ( a) to fix in certain regions a minimum threshold that Member State may be authorized not to figure exceeding 11 but not greater than 15 dairy implement the provisions of Articles 1 to 4 in the cows ; regions concerned. (b) to grant the premium to those producers keeping a number of dairy cows less than 11 but higher Article 6 than 4 in regions where at least 50 % of the dairy cows are kept in herds of less than 11 dairy cows. 1 . Those Member States which are authorized not to implement the provisions of Articles 1 to 4 in the regions referred to in Article 5 may grant in those Article 3 regions a development premium for the specialized raising of cattle for meat production. 1 - The grant of the premium shall in particular be 2. To be eligible for the premium, and depending conditional upon a written undertaking from the upon whether the application is submitted by a producer : producer or a producers' association : ( a) to give up, for a period of four years, all sales of ( a ) each producer must show evidence to the milk and milk products coming from the holding satisfaction of the competent authority that at a farmed on the date of submission of the reference date established by each Member State application ; this period shall start not later than he kept at least five cows or in-calf heifers of beef at the end of the sixth month following that in breeds ; which the competent authorities approved the application; ( b) each producers' association must show evidence to the satisfaction of the competent authority (b) to keep, during the period referred to in ( a), a that the number of cows or in-calf heifers of beef number of units of adult bovine animals on the breeds kept at the reference date by all of the holding farmed on the date of submission of the producers applying for the grant of a premium application which is equal to or higher than the through the intermediary of that association, is number kept on that same holding on the not less than three times the number of those reference date . producers.

No L 141 / 20 Official Journal of the European Communities 28 . 5 . 73

3 . Furthermore, the grant of the premium shall be Article 9 conditional upon the written undertaking on the part of the producer to keep for a period of four years at 1 . The Member States shall be authorized, the holding farmed on the date of submission of the according to the terms defined below, to act as application a number of cows or in-calf heifers of guarantors for the beneficiary of the system of beef breeds which is higher than the number kept on premiums and, at his request, may guarantee a loan that same holding on the reference date, and in any granted to him by a banking establishment approved case not less than 8 during the fourth year. This for this purpose by the competent authorities. period shall start not later than at the end of the sixth month following the date on which the 2. The loan must be granted for the purpose of application was approved by the competent facilitating compliance with the undertakings referred authorities . to in Article 3 and Article 6.

Article7¶

1 . Where a producer, to whom the benefit of the In respect of cows or in-calf heifers of beef breeds premiums has been granted, belongs to a producers' kept on the holding of the beneficiary over and above association and that association submits an the number kept at the reference date referred to in application for a premium, the amount to be granted Article 6 (3 ), the amount of the premium shall be 240 to the association shall be reduced by the amount units of account per head. already granted to that producer.

TITLE II 2. Where the benefit of the premiums has been General and financial provisions granted to a producers' association, applications made individually by members of the association on the date of submission of the application by the Article 8 association shall not be accepted.

Article11¶

Any person taking over a holding may undertake in 1 . 'Producer' shall mean : writing to continue to fulfil the obligations entered into by his predecessor. In such case, the amounts ( a ) an individual farmer, who is a natural or legal already paid shall remain the property of the latter person, whose holding is situated in and the balance shall be paid to his successor. Community territory and who breeds bovine animals ; Article 12 ( b) a group of natural or legal persons, which The Member States shall communicate to the jointly uses means of agricultural production enabling them to rear bovine animals jointly Commission the list of the regions for which the in Community territory­ authorizations provided for in Article 2 is requested, the characteristics of those regions, the measures proposed to achieve the objectives set out in the abovementioned paragraph and the administrative 2 . 'Producers ' association ' shall mean : control procedures laid down. an association of producers within the meaning of paragraph 1 , set up in the territory of a single The Commission shall examine, with regard to Member State for the purpose of applying compatibility with this Regulation and taking common rules for the marketing of bovine animals account of the aims thereof, whether the conditions reared by those producers. obtain for the financial participation of the Community .

3 . 'Holding' shall mean : Within two months following the communication, the Commission representative, having consulted the all the production units farmed by the producer EAGGF Committee on the financial aspects, shall and situated in the territory of a single Member submit a draft decision on this subject to the State . Standing Committee on Agricultural Structures .

28 . 5 . 73 Official Journal of the European Communities No L 141 /21

The Standing Committee on Agricultural Structures Article IS shall issue its Opinion within a time limit to be fixed by the Chairman according to the urgency of the 1 . The total estimated cost of the joint action to be matters submitted for examination . It shall decide by borne by the EAGGF is 60 million units of account. a majority of 41 votes, the votes of Member States being weighted as laid down in Article 148 (2) of the 2. The action referred to in paragraph 1 is Treaty. The Chairman shall not vote. intended to be completed by 31 December 1974. The Commission shall adopt the Decision . However, if the Decision is not in accordance with the Opinion Article 16 issued by the Committee, it shall immediately be communicated to the Council . In that event, the Commission may defer application of the Decision 1 . Expenditure incurred by Member States in connection with the action provided for in this for a period not exceeding one month from the date of its communication . Regulation shall be eligible for aid from the Guidance Section of the EAGGF . The Council, voting as provided in Article 43 (2) of the Treaty, may adopt a different Decision within 2 . The Guidance Section of the EAGGF shall one month . refund to the Member States 50 % of the eligible expenditure. Article 13 3 . Detailed rules for the application of paragraph 2 The following shall be laid down in accordance with shall be adopted in accordance with the procedure the procedure provided for in Article 27 of laid down in Article 13 of Regulation (EEC ) No 729 / 70 . Regulation ( EEC ) No 805/68 : ( a) the time limit for submitting applications for the granting of premiums referred to in Article 2 and Article 17 Article 6 ; 1 . Requests tor refunds shall be made in respect of ( b) the period within which the reference dates expenditure incurred by the Member States in the referred to in Article 2 and Article 6 must fall ; course of each calendar year and shall be submitted ( c) the conditions relating to recognition of breeds to the Commission before 1 July of the following referred to in Article 3 ( 2 ) and Article 6 ; year . ( d) the detailed rules for checking that obligations 2 . The Commission shall take Decisions on such arising from the grant of the premium, are requests, either all at once or separately, in observed ; accordance with the procedure laid down in Article 7 (e) the determination of the equivalences to be ( 1 ) of Regulation ( EEC ) No 729/70­ established for calculating the units of adult bovine animals ; Article 18 ( f) the conditions for continuing the entitlement to the premium in exceptional circumstances, in 1 . Notwithstanding Article 8 of Regulation ( EEC ) particular where the recipient ceases to work in No 729 / 70 , the Member States shall , in accordance agriculture ; with national laws , regulations or administrative (g) the determination of the regions referred to in provisions, take the measures necessary for the Article 6 ; recovery of sums paid where, subject to Article 13 (f), the undertakings given under Article 3 and Article 6 (h) the detailed rules for granting the loan referred to are not observed . in Article 9 ; They shall inform the Commission of the measures (i ) the other detailed rules for implementing the applied, and in particular shall notify it periodically preceding Articles. of the position as regards administrative and judicial proceedings relating thereto . Article 14 2 . Sums recovered shall be paid to the bodies or All the measures provided for in this Regulation, services which made the payments and deducted by except those provided for in Article 9 , shall constitute them from expenditure financed by the Fund in a joint action within the meaning of Article 6 ( 1 ) of proportion to the amount financed by the Council Regulation ( EEC ) No 729 /70 . Community .

No L 141 / 22 Official Journal of the European Communities 28 . 5 . 73

3 . Where it is impossible to recover sums paid, the of information supplied by the Member States, a financial consequences shall be borne by the report on the application of the premiums system. Community and the Member States in proportion to their financial participation. 2- After examining this report, the Council, acting on a proposal from the Commission in accordance 4. Interest may be charged on sums to be recovered . with the voting procedure laid down in Article 43 (2) of the Treaty, may decide before 31 December in each current year, in the light of experience and of 5 . Detailed rules for the application of this Article economic trends in the sector in question, to maintain shall be adopted in accordance with the procedure or to amend the premiums system. laid down in Article 13 of Regulation (EEC) No 729 / 70 .

Article 20 Article 19 This Regulation shall enter into force on the third 1 . By 31 October of each year at the latest, the day following its publication in the Official Journal Commission shall submit to the Council, on the basis of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 15 May 1973 .

For the Council The Vr&r-dent

A. LAVENS