31973R1821

No L 184/24 Official Journal of the European Communities 6 . 7 . 73

REGULATION (EEC) No 1821/73 OF THE COMMISSION of 5 July 1973 laying down detailed rules for the application of the premium system for the conversion of dairy herds to meat production and of development premium for the specialized raising of cattle for meat production

THE COMMISSION OF THE EUROPEAN undertaking is not fulfilled throughout the four-year COMMUNITIES, period ;

Having regard to the Treaty establishing the European Whereas the date should be fixed by which certain Economic Community ; regions may be excluded from the scope of the premium system for conversion to meat production Having regard to Council Regulation (EEC) No and by which the development premium system for 805/68 (^ of 27 June 1968 on the common organiza­ the specialized raising of cattle for meat production tion of the market in beef and veal, as last amended may be applied ; by Regulation (EEC) No 187/73 (2);

Whereas provision should be made to ensure that Having regard to Council Regulation (EEC) No each cow and in-calf heifer of a beef breed kept over 1 353/73 (3) of 1 5 May 1 973 introducing a premium and above the number of such cows and heifers system for the conversion of dairy herds to meat recorded on the reference date referred to in Article 6 production and a development premium for the (2) (a) of Regulation (EEC) No 1353/73, and in respect specialized raising of cattle for meat production, and of which the premium of 240 units of account is in particular Article 1 3 thereof ; payable, is kept on the recipients holding for a period of four years ; whereas to this end it should be laid Whereas detailed rules for the application of the said down that the premium be paid in three instalments premium system should be laid down ; following the ascertainment of the presence of the animal concerned on the holding in question ;

Whereas the date from which applications for premiums may be submitted should be laid down ; Whereas for reasons beyond his control the recipient whereas such applications should include certain infor­ of a premium may find himself in a situation which mation ; subsequently prevents him from meeting his obliga­ tions on the Community level, the concept of a force Whereas if the system is to achieve the desired effect majeure has been determined in accordance with the judgements of the Court of Justice of the European it is essential that the accuracy of this information be verified ; Communities in the cases 4/68 (4) and 1 1 /70 (5) ; in order to avoid such cases where the refusal or the recovery of the premiums has fair effects on the profi­ Whereas provision should be made to ensure that the tability of the recipient's holding, special measures reference date to be established by each Member State should be taken in which case the effect is either to pursuant to Article 2 ( 1 ) of Regulation (EEC) No release the recipient from his obligations without any 1353/73 falls within the period 1 July 1972 to 30 action being taken to recover the sums paid, or to June 1973, and that the date referred to in Article 6 suspend his obligations for a specified period ; (2) (a) of that Regulation falls within the period 1 October 1972 to 30 September 1973 ; Whereas in certain cases there should be a recovery or a refusal of the payment of these premiums, when the Whereas the premium for conversion to meat produc­ recipient, in accordance with the Council Directive of tion may achieve the desired effect if paid in three 17 April 1972 (6) concerning measures to encourage instalments, payment being subject to the condition the cessation of forming and the reallocation of the that the recipient can show that the number of units utilized agricultural area for the purposes of structural of adult bovine animals kept by him is equal to or improvement ; greater than the number kept by him on the same holding on the reference date, and that he has fulfilled his undertaking to give up entirely the production of milk or milk products for supply to Whereas the measures provided for in this Regulation other persons ; whereas the Member States should be are in accordance with the Opinion of the Mange­ required to take steps to recover the premium if the ment Committee for beef and veal ;

(!) OJ No L 148 , 28 . 6 . 1968 , p. 24. (4) Recueil 1968 , 549. (2) OJ No L 25, 30 . 1 . 1973, p . 23. 0 Recueil 1970, 1125. (3) OJ No L 141 , 28 . 5. 1973, p. 18 . (*) OJ No L 96, 23. 4. 1972, p. 9 .

6 . 7. 73 Official Journal of the European Communities No L 184/25

HAS ADOPTED THIS REGULATION : (EEC) No 1353/73, but such payments shall be condi­ tional upon it having been first ascertained that the TITLE I undertaking provided for in the said Article 3 has been complied with. Premium for the conversion of dairy herds to meat production The dates for payment shall be as follows : (a) the first part between the 13th and 15th month Article 1 from the date on which the application was approved ; Applications for premiums shall be lodged on or after (b) the second part between the 37th and the 39th 1 October 1973 with the competent authority month from the date on which the application appointed by the Member State concerned. was approved . Applications shall include in respect of each producer concerned the following : Article 4 (a) particulars of the number and age of cattle and In any case where the recipient of a premium fails to sheep of the domestic, bovine and ovine species prove to the satisfaction of the competent authority kept on the holding on the reference date referred that he has complied with the conditions laid down in to in Article 2 (2) (a), with separate figures for the Article 3 of Regulation (EEC) No 1353/73, the number of dairy cows ; Member State concerned shall take steps to recover all (b) particulars of the quantities of milk and milk sums already paid in respect of that premium . products supplied to other persons during the twelve months preceding the said reference date Article 5 together with the names of those persons here practicable ; 1 . Member States shall, by not later than the end of each month, inform the Commission of the number (c) a declaration by the producer stating that he is of applications approved by the competent authorities aware of the terms of this Regulation, and of the during the previous month. They shall include particu­ terms of the relevant implementing measures lars of the quantities of milk and milk products adopted in the Member State concerned. referred to in Article 1 (b) and shall indicate separately the number of applications submitted through a Article 2 producers' association. 1 . Following receipt of the application the compe­ 2. Particulars of applications supplied pursuant to tent authority shall take steps to verify the particulars paragraph 1 shall be broken down according to the supplied pursuant to Article 1 (a) and (b). number of dairy cows kept on the holdings concerned, and in each case the number of units of 2. If it allows the application, the competent authority : adult bovine animals kept shall be indicated.

(a) shall determine the number of litres of milk, or of Article 6 milk products expressed in milk equivalent, supplied to other persons by the producer 1 . Member States shall, before 1 September 1973, concerned during the twelve months preceding a provide the Commission with a list of the regions for reference date falling within the period 1 July which they seek authorization under Article 5 of Regu­ 1972 to 30 June 1973 to be fixed by each Member lation (EEC) No 1353/73 not to implement Articles 1 State ; this number must be in reasonable propor­ to 4 of that Regulation. tion with the number of dairy cows referred to in 2. Before 1 October 1973 the Commission, acting Article 1 (a) ; under the procedure laid down in Article 27 of Regula­ (b) shall register the written undertaking required tion (EEC) No 805/68 , shall ascertain whether the under Article 3 ( 1 ) of Regulation (EEC) No condition defined in Article 5 of Regulation (EEC) No 1353 /73 ; 1353/73 is in fact satisfied, and shall specify the (c) may inform those undertakings which collect milk regions in respect of which the Member States are or milk products in the area where the applicant's authorized not to implement Articles 1 to 4 of Regula­ holding is situated of the names of producers tion (EEC) No 1353/73 . whose applications have been approved and of any subsequent changes . TITLE II Article 3 Premium for the development of specialized raising of cattle for meat production The premium referred to in Article 4 of Regulation (EEC) No 1353/73 shall be paid in three instalments. Article 7 A first instalment equal to half the premium shall be 1 . Articles 8 to 13 below shall apply in those of the paid within six months at the latest following the date regions referred to in Article 6 in which Member on which the application referred to in Article 1 is States intend pursuant to Article 6 of Regulation approved . (EEC) No 1353/73 to grant development premiums The balance shall be paid in two equal parts during for the specialized raising of cattle for meat produc­ the period referred to in Article 3 ( 1 ) (a) of Regulation tion .

No L 184/26 Official Journal of the European Communities 6 . 7. 73

2. Member States shall, before 1 September 1973, (b) the second part between the 37th and the 39th provide the Commission with a list of the regions in month after the date mentioned . which they intend to grant such premiums.

3 . Before 1 October 1973 the Commission, acting Article 12 under the procedure laid down in Article 27 of Regula­ tion (EEC) No 805/68, shall specify the regions in In any case where the recipient of a premium fails to respect of which the Member States shall be autho­ prove to the satisfaction of the competent authority rized to implement Article 6 of Regulation (EEC) No that he has complied with the obligations laid down 1353/73 . in Article (6) (3) of Regulation (EEC) No 1353/73, the Member State concerned shall take steps to recover all sums already paid in respect of that premium. Article 8

Applications for premiums shall be lodged on or after Article 13 1 October 1973 with the competent authority appointed by the Member State concerned. 1 . Each Member State shall, by not later than the end of each month, provide the Commission with Applications shall include in respect of each producer particulars of : concerned the following : (a) the number of applications approved by the (a) particulars of the number of cows and in-calf competent authority during the previous month, heifers of beef breeds, as defined in Article 15 (c) indicating separately those submitted through a and (d), kept on the holding on a reference date producers' association ; falling within the period 1 October 1972 to 30 September 1973 to be fixed by each Member (b) the number of cows and in-calf heifers of beef State ; breeds in respect of which premiums were granted during the previous month. (b) a declaration by the producer stating that he is aware of the terms of this Regulation and of the 2. Th6 particulars required under paragraph 1 (a) terms of the relevant implementing measures shall be broken down according to the number of adopted in the Member State concerned. cows and in-calf heifers of beef breeds kept on the holdings concerned, and in each case the number of Article 9 cows and in-calf heifers of beef breeds in respect of which premiums have been granted shall be indicated. Following receipt of the application the competent authority shall take steps to verify the particulars supplied pursuant to Article 8 (a). TITLE III

Article10¶

If it allows the application, the competent authority shall : Article 14

(a) register the written undertaking required under 1 . Member States shall, before 1 January 1974, Article 6 (3) of Regulation (EEC) No 1 353/73 ; notifiy to the Commission any measures taken by (b) determine, on the basis of counts carried out at them in implementation of Article 9 of Regulation least once a year, the number of cows and in-calf (EEC) No 1353/73. heifers of beef breeds present on the holding during the current year to which the undertaking 2. The communications required under the first given by the applicant relates. paragraph of Article 12 of Regulation (EEC) No 1353/73 shall be sent to the Commission before 1 September 1973 . Article 11

The premium referred to in Article 7 of Regulation Article 15 (EEC) No 1353/73 shall be paid in three instalments. In Regulation (EEC) No 1353/73 : In respect of each cow or in-calf heifer kept each year on his holding over and above the number kept at the (a) 'dairy cow means a female animal of the domestic reference date a successful applicant shall be entitled bovine species being an animal suitable for the to an instalment equal to 120 units of account which production of milk for marketing purposes and shall be paid not more than six months at the latest having at the reference date referred to in Article 2 after the date on which the presence of the animal in (2) (a) calved at least once ; question is ascertained. (b) 'unit of adult bovine animals' means a unit of live­ stock corresponding to an animal of the domestic The balance shall be paid in two parts each equal to 60 units of account : bovine species aged at least twelve months, excluding females which have not yet calved and (a) the first part between the 13th and the 15th are normally intended for commercial milk month after the date mentioned, production ;

6. 7. 73 Official Journal of the European Communities No L 184/27

(c) 'cow of a beef breed means a female animal of the Article 18 domestic bovine species having calved at least 1 . The following circumstances inter alia may be once and either belonging to one of the breeds treated by the competent authority as being beyond having been recognized as fit for meat production the control of the recipient concerned and accord­ by the competent authority of the Member State ingly as cases in which no action need be taken for concerned ; the recovery of sums already paid in respect of (d) 'in-calf heifer of a beef breed' means a female premiums : animal belonging to one of the breeds having been recognized as fit for meat production by the (a) death of the recipient ; competent authority of the Member State (b) an extended period of disability on the part of the concerned and in respect of which the successful recipient such as to prevent him from carrying on his applicant can establish to the satisfaction of the occupation ; competent authority concerned that calving took (c) compulsory purchase of 50 % or more of the place during the six months following the date on utilized agricultral area of the holding farmed by which the animal was taken into consideration for the recipient, provided that such compulsory the purposes of the rights and obligations arising purchase was not foreseeable at the date when the under this Regulation. undertaking was given.

Article 16 2. The competent authority may for the purposes of Articles 3 ( 1 ) (b) and (2) and 6 (3) of Regulation 1 . For the purpose of calculating numbers of units (EEC) No 1353/73 treat the following circumstances of adult bovine animals the following conversion inter alia as being beyond the control of the recipient factors shall apply : concerned and may in such cases accordingly suspend for up to two years the obligations on such recipient (a) cattle less than six months old : 0 ; under those provisions : (b) cattle over six months but less than twelve months old : 0-5 ; (a) serious flooding affecting the land normally used (c) female sheep more than twelve months old : 0-15. by the recipient for cattle raising purposes ; (b) accidental destruction of buildings belonging to 2. For the purpose of calculating quantities of milk the recipient normally used by him for cattle supplied to other persons the following conversion raising purposes ; factors shall apply in respect of milk products : (c) an outbreak of epizootic disease affecting all or (a) 1 kg of milk equals 1 litre of milk ; part of the recipient's herd. (b) 1 kg of butter equals 23 litres of milk ; 3 . Member States shall inform the Commission of (c) 1 kg of cheese equals 10 litres of milk ; all cases in which they apply the provisions of para­ (d) 1 kg of cream with a 35 % fat content equals 8 graphs 1 and 2 of this Article. litres of milk . 4. When a beneficiary ceases farming in accor­ dance with the Council Directive 72/ 160/EEC of 17 Article 1 7 April 1972, measures will be taken to recover the In any case where a person having taken over a amounts of the premiums which were paid in the holding and having, as provided for in Article 11 of nine months preceding the request for the cessation Regulation (EEC) No 1353/73, given an undertaking of farming. to the competent authority to continue to fulfil the obligations entered into by his predecessor fails to esta­ Article 19 blish to the satisfaction of that authority that he has fulfilled those obligations, the Member State This Regulation shall enter into force on the day concerned shall take steps to recover from that person following its publication in the Official Journal of the sums already paid to his predecessor. the European Communities.

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

Done at Brussels, 5 July 1973 .

For the Commission

The President

Francois-Xavier ORTOLI