31974R2790

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REGULATION (EEC) No 2790/74 OF THE COMMISSION of 31 October 1974 laying down detailed rules for the application of the system of premiums for the retention of cattle

THE COMMISSION OF THE EUROPEAN defined the terms 'producer , 'producers' association' COMMUNITIES, and 'holding' and laid down certain conditions for the grant of premiums to producers belonging to a Having regard to the Treaty establishing the European producers' association and to persons taking over a Economic Community ; holding ; whereas those provisions should be incorpor­ ated in this Regulation ; Having regard to Council Regulation (EEC) No 805/68 (') of 27 June 1968 on the common organiza­ Whereas it may happen that by reason of force tion of the market in beef and veal , as last amended majeure the receipt of a premium is unable to fulfil by Regulation (EEC) No 1 855/74 (2), and in particular his obligations ; whereas a Community definition of Articles 22a (3) and 25 thereof ; force majeure is provided by the judgments of the Court of Justice of the European Communities in Whereas Council Regulation (EEC) No 2502/74 (3) of Cases 4/68 (6), 1 1 /70 (7) and 158/73 (8) whereas, lest in 2 October 1974 introduced a system of premiums for the retention of cattle which may in certain circum­ such cases the economic consequences for a recipi­ ent's holding of the refusal or the recovery of a stances be granted in place of the premiums provided premium be unduly severe, provision should be made for in Council Regulation (EEC) No 1967/74 (4) of 23 for special measures which, as appropriate, would July 1974 introducing a system of premiums for the either release the recipient from his obligations orderly marketing of certain adult bovine animals for without requiring him to repay amounts already slaughter ; received or would grant him a period of grace during Whereas detailed rules should be adopted for the whiGh his obligations would be suspended ; application of the system of premiums for the reten­ tion of cattle ; Whereas in certain circumstances premiums should be recovered from or refused to persons who have Whereas, in particular, the date from which applica­ taken advantage of the possibilities afforded by the tions for premiums may be submitted should be laid Council Directive of 17 April 1 972 (9) concerning down, whereas certain particulars should be given in measures to encourage the cessation of farming and the applications ; the reallocation of utilized agricultural area for the purposes of structural improvement ; Whereas if the system is to function properly, it is essential that the accuracy of the particulars given be Whereas the measures provided for in this Regulation verified ; are in accordance with the Opinion of the Manage­ ment Committee for Beef and Veal , Whereas the system can operate effectively by means of an arrangement for the payment of the premium in two instalments, provided that the recipient is HAS ADOPTED THIS REGULATION : required to prove that he has complied with the under­ taking provided for in Article 3 (3) of Regulation (EEC) No 2502/74 should enable the system to Article I achieve its objective ; Member States shall before 15 November 1974 supply Whereas Member States must recover any premium the Commission with a list of the regions in which paid out if the undertaking provided for in that they intend to grant premiums for the retention of Article is not complied with over the period specified cattle as provided in Regulation (EEC) No 2502/74. therein ;

Whereas Articles 8 , 10 and 11 of Council Regulation Article 2 (EEC) No 1 353/73 (5) of 15 May 1973 introducing a premium system for the conversion of dairy herds to Applications for premiums may be lodged at any meat production and a development premium for the time, on or after the date fixed by the Member State specialized raising of cattle for meat production concerned, and during the period specified in Article 1 of Regulation (EEC) No 1967/74. Applications shall (>) OJ No L 148 , 28 . 6 . 1968 , p. 24. (2) OJ No L 195, 18 . 7. 1974, p. 14. (*) 1968 Record, 549 . (}) OJ No L 268 3 . 10 . 1974, p. 12. ( 7) 1 970 Record, 1 1 25 . (4) OJ No L 206, 27 . 7. 1974, p. 1 . (8) 1974 Record . ' (5) OJ No L 141 , 28 . 5. 1973, p. 18 . H OJ No L 96, 23 . 4. 1972, p. 9 .

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be lodged with the competent authority designated by which the premium has been granted shall be indi­ the Member State concerned . cated .

Applications shall include, in respect of each Article 7 producer, the following : (a) particulars of the number of bovine animals kept For the purposes of Regulation (EEC) No 2502/74 : by the producer on his holding on the day the (a) 'cow' means a female animal of the domestic application is lodged, with separate figures for the bovine species having calved at least once ; number of cows and in-calf heifers as defined in Article 7 ; (b) 'in-calf heifer' means a female animal of the domestic bovine species in respect of which the (b) a declaration by the producer stating that he is successful applicant can establish to the satisfac­ aware of the terms of Regulation (EEC) No tion of the competent authority concerned that 2502/74 and of this Regulation and of the terms calving took place during the six months of the relevant implementing measures adopted in following the date on which the animal was taken the Member State concerned ; into consideration for the purposes of the rights (c) the undertaking required under Article 3 (3) of and obligations arising under this Regulation . Regulation (EEC) No 2502/74.

Article 8 Article 3 The provisions of Articles 8 , 10 and 11 of Regulation Following receipt of the application the competent (EEC) No 1353/73 shall apply in respect of the system authority shall take steps to verify the particulars of premiums provided for in this Regulation . referred to in Article 2(a).

Article 9 Article 4 In the case provided for in Article 1 1 of Regulation If it allows the application, the competent authority (EEC) No 1353 /73 , where a person having taken over shall : a holding and having given an undertaking to the (a) register the undertaking required under Article competent authority to continue to fulfil the obliga­ 3 (3) of Regulation (EEC) No 2502/74 ; tions entered into by his predecessor fails to establish to the satisfaction of that authority that he has (b) determine the total number of bovine animals and fulfilled those obligations, the Member State the number of cows and in-calf heifers to be kept concerned shall take steps to recover from that person on the recipient's holding for the period to which the sums already paid to his predecessor. the undertaking relates.

Article 10 Article 5 1 . In any case where the recipient of a premium A first instalment of 16-5 units of account per cow or fails to prove to the satisfaction of the competent in-calf heifer qualifying for the premium shall be paid authority that he has complied with the undertaking within 30 days following the date on which the appli­ required under Article 3 (3) of Regulation ( EEC) No cation is approved by the competent authority. 2502/74 the Member State concerned shall take steps The balance shall be paid during the eighth month to recover all sums already paid in respect of that following the date on which the application is lodged, premium . Provided that entitlement to the premium the competent authority having first ascertained that shall not be lost if the recipient was prevented from the undertaking required under Article 3 (3) of Regula­ complying with his undertaking by force majeure. tion (EEC) No 2502/74 has been complied with . 2. Where a beneficiary ceases farming in accor­ dance with Council Directive No 72/ 160 / EEC of 17 Article 6 April 1972 steps shall be taken to recover all sums already paid in respect of the premium during the 1 . Member States shall , by the end of each month nine months preceding the application to cease at the latest, inform the Commission of the number of farming. applications approved by the competent authorities during the preceding month . They shall indicate sepa­ rately the number of applications submitted through a Article 11 producers' association . 1 . The following circumstances inter alia may be 2 . The applications referred to in paragraph 1 shall treated by the competent authority as cases of force be classified according to the number of bovine majeure and accordingly entitling it to take no action animals kept on each holding, and in each case the for the recovery of sums already paid in respect of number of cows and in-calf heifers in respect of premiums :

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(a) death of the recipient ; (c) an outbreak of epizootic disease affecting all or (b) an extended period of disability on the part of the part of the recipient's herd . recipient such as to prevent him from carrying on 3 . Member States shall inform the Commission of his occupation ; all cases treated by their competent authorities as (c) compulsory purchase of 50 % or more of the cases of force majture. utilized agricultural area of the holding farmed by the recipient, provided that such compulsory Article 12 purchase was not foreseeable at the date when the The Member States shall within 10 days following the undertaking was given . date on which such measures take effect inform the 2. The following circumstances inter alia may be Commission of the measures taken by them for the treated by the competent authority as cases of force purpose of implementing the premium arrangements, majeure entitling it to suspend for up to one year the and in particular of the provisions adopted by them to application of Article 3 (3) of Regulation (EEC) No ensure compliance with the undertaking referred to in 2502/ 74 : Article 3 (3 ) of Regulation ( EEC) No 2502/ 74 . (a) serious flooding of land normally used by the recip­ Article 13 ient for cattle raising purposes ; (b) accidental destruction of buildings belonging to This Regulation shall enter into force on the day of its the recipient normally used by him for cattle publication in the Official Journal of the European raising purposes ; Com munities.

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

Done at Brussels, 31 October 1974.

For the Commission

The President

Francois-Xavier ORTOLI