1992R3567 — EN — 12.07.2000 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No3567/92
of10December 1992
layingdowndetailedrulesfortheapplicationoftheindividuallimits,nationalreservesandtransfer
ofrightsprovidedforinArticles5ato5cofCouncilRegulation(EEC)No3013/89onthecommon
organizationofthemarketinsheepmeatandgoatmeat
(OJ L 362, 11.12.1992, p. 41)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1199/93 of 14 May 1993 L 122 26 18.5.1993
►M2Commission Regulation (EEC) No 1845/93 of 9 July 1993 L 168 30 10.7.1993
►M3Commission Regulation (EEC) No 2869/93 of 20 October 1993 L 262 28 21.10.1993
►M4Commission Regulation (EC) No 3534/93 of 21 December 1993 L 321 13 23.12.1993
►M5Commission Regulation (EC) No 826/94 of 13 April 1994 L 95 8 14.4.1994
►M6Commission Regulation (EC) No 1720/94 of 14 July 1994 L 181 6 15.7.1994
►M7Commission Regulation (EC) No 2527/94 of 19 October 1994 L 269 11 20.10.1994
►M8Commission Regulation (EC) No 1847/95 of 26 July 1995 L 177 32 28.7.1995
►M9Commission Regulation (EC) No 122/97 of 23 January 1997 L 22 18 24.1.1997
►M10Commission Regulation (EC) No 1303/97 of 4 July 1997 L 177 7 5.7.1997
►M11Commission Regulation (EC) No 1235/98 of 15 June 1998 L 170 4 16.6.1998
►M12Commission Regulation (EC) No 1311/2000 of 21 June 2000 L 148 31 22.6.2000
Corrected by:
►C1Corrigendum, OJ L 6, 12.1.1993, p. 16 (3567/92)
►C2Corrigendum, OJ L 202, 18.7.1998, p. 67 (1235/98)
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COMMISSIONREGULATION(EEC)No3567/92
of10December 1992
laying down detailed rules for the application of the individual
limits, national reserves and transfer of rights provided for inArticles 5a to 5c of Council Regulation (EEC) No 3013/89 on the
commonorganizationofthemarketinsheepmeatandgoatmeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3013/89 of 25
September 1989 on the common organization of the market insheepmeat and goatmeat(
1), as last amended by Regulation (EEC) No
2069/92(2), and in particular Articles 5a (4) (b) and (f), 5b (4) and 5c (2)
thereof,
Whereas, with a view to implementing the system of individual limits as
introduced by Article 5a of Regulation (EEC) No 3013/89, the rulesgoverning the determination of those limits and their communication tothe producers should be specified, taking account of the specific
problems linked to producer groups and to the different rates of premium
in the sheep and goat sector; whereas also certain terms should bedefined so as to give effect to the said Article 5a;
Whereas, bearing in mind the regulating effect which the system of
individual limits will have on the market, provision should be made for
premium rights not used by their holder during a specific period to revertto the national reserve; whereas appropriate measures should also betaken to ensure that rights granted free of charge from the nationalreserve are used by the beneficiaries solely for the intended purposes;
Whereas the uniform implementation of the provisions relating to the
transfer and temporary leasing of rights entails the laying-down ofcertain administrative rules; whereas, in order to avoid excessiveadministrative work, the minimum number of rights which may be
transferred or temporarily leased should be set at a sufficiently high
level, taking into account the special situation of small producers;whereas such rules must also prevent infringement of the obligationunder Article 5a (4) of Regulation (EEC) No 3013/89 to surrender,whenever rights are transferred without transfer of the holding, a certainpercentage of such transferred rights to the national reserve; whereas,
moreover, provision should be made for this temporary surrender to be
limited in time so as to avoid abuse of the transfer rules;
Whereas the special case where a producer only uses publicly or
collectively owned land for grazing and transfers all his rights to another
farmer, thus ceasing production, should be deemed equivalent to the
transfer of a holding;
Whereas application of an administrative system of transfers in which all
transfers of rights without transfer of the holding are conducted solely
via the national reserve necessitates the establishment of a legal
framework designed to preserve economic consistency with the systemof direct trasfers (SIC! transfers) between producers; whereas objectivecriteria should be established for the determination of the sum to be paidby the national reserve to the producer who has transferred his rights and
the sum to be paid by the producer who receives equivalent rights from
the national reserve;
Whereas the choice of 1991 as the reference year will cause transitional
problems which need to be resolved; whereas, while ensuring that the
total number of existing rights is not increased above the number of
acquried (SIC! acquired) or potential rights corresponding to 1991 alone,provision should be made for an initial allocation of rights to farmers in1992R3567 — EN — 12.07.2000 — 002.001 — 2
(1) OJ No L 289, 7. 10. 1989, p. 1.
(2) OJ No L 215, 30. 6. 1992, p. 59.
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well-defined situations; whereas, in order to take account of the
exceptional circumstances which preveted producers from applying for apremium for 1992 while having obtained a premium for 1991, provision
should be made for such producers to receive rights from the national
reserve; whereas, moreover, in conformity with the principle oflegitimate expectations, compensation in the form of the allocation ofadditional rights should be provided for in the case of producers whoseindividual limit does not reach its normal level because of their
participation in a Community extensification programme;
Whereas the Canary Islads (SIC! Islands) have only been subject to the
provisions of the common agricultural policy, including the ewe
premium arrangements, since 1 July 1992; whereas, therefore, the
individual limits for producers located in that territory may not beestablished by reference to premiums granted for 1991; whereas, inorder to stay as close as possible to the economic situation in 1991, theindividual limits should be established on the basis and within the limitsof the flocks counted in that territory in 1991 while taking into account
the premiums granted to producers for 1992;
Whereas the transition from the system existing when Regulation (EEC)
No 2069/92 entered into force to the system of individual limits may, in
certain Member States, cause special problems due to the transfer of
premium rights by producers who do not own the land on which theirholdings are situated; whereas, in order to ensure the smooth operationof the market, provision should be made for those Member States to takeappropriate measures to resolve the problems while respecting the linkbetween producer and premium rights under the system established by
Article 5a of Regulation (EEC) No 3013/89;
Whereas if the Commission is to monitor the new arrangements it needs
to be properly provided by the Member States with the essential
information regarding its implementation; whereas it is therefore vital to
require the Member States to communicate the necessary information tothe Commission;
Whereas the Management Committee for Sheepmeat and Goatmeat has
not issued an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
TITLEI
Individuallimits
Article 1
This Regulation lays down detailed rules for the application of the
individual limits per producer introduced by Articles 5a, 5b and 5c ofRegulation (EEC) No 3013/89.
Article 2
1. The Member States shall determine an individual limit per
producer or member of a producer group under the conditions laiddown in Article 5a of Regulation (EEC) No 3013/89. That limit may in
no case be less than 10.
2. In the case of producer groups set up during the 1992 marketing
year, premiums shall be paid to the group for up to the total number of
animals in respect of which the premium was granted to producer
members for the 1991 marketing year and under the conditions laiddown in Article 5a of Regulation (EEC) No 3013/89.
An individual limit shall be set for each producer member in respect of
the 1993 marketing year. Where the type of group involved does notenable the individual animals belonging to each producer to beidentified, the limit shall be calculated by applying the apportionmentformula notified by the group in respect of the 1992 marketing year tothe total number of animals referred to in the first subparagraph.1992R3567 — EN — 12.07.2000 — 002.001 — 3
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3. Each producer shall be informed of his individual limit not later
than 15 days before the end of the period laid down by the Member Statefor the submission of premium applications for the 1993 marketing year.
Where the number of premiums to be paid in respect of 1991 has notbeen definitively established as a result of a dispute between the
producer and the competent authority, the notification may refer to a
provisional individual limit.
Where Article 6 (6) of Commission Regulation (EEC) No 3007/84(
1)i s
applied in respect of the 1991 marketing year, entailing loss ofentitlement under the premium scheme for 1992, the individual limitshall be based on the number of eligible animals recorded during thechek (SIC! check) which gave rise to the application of the above-
mentioned provision.
4. The coefficient referred to in Article 5a (5) of Regulation (EEC)
No 3013/89 shall not become definitive until the total numbers of
eligible animals referred to in the said paragraph are comparedwith thetotal number of premiums granted in response to applications deemed tobe acceptable.
Article 3
For the purposes of Article 5a (2) of Regulation (EEC) No 3013/89:
(a) ‘the most recent marketing year’ means the marketing year prior to
1991 in which the relevant circumstances did not obtain; however,
the most recent marketing year for Italy and Greece shall be 1992;
(b) ‘natural circumstances’ means circumstances which have resulted in
the application of Article 6 (2) of Regulation (EEC) No 3007/84 andthe following conditions provided that these occurred prior to
submission of the application or prior to the deadline for submission
of applications for premiums under the 1991 marketing year and thatthey are recognized by the competent authorities:
— a serious natural disaster having a major effect on the producer's
holding,
— the accidental destruction of the producer's fodder stocks or
facilities intended for the rearing of his sheep and/or goat stock,
— an epizooticdisease entailing the slaughter of at least half the
producer's sheep and/or goat stock.
Article 4
By 30 April 1993 at the latest, the Member States shall notify the
Commission of:
— the total sum of the individual limits, broken down by type of region
(less-favoured or not) and by rate of premium (full rate and reducedrate); the Commission shall compare this sum with the result of thepremiums granted in response to applications deemed to beacceptable in respect of the 1991 marketing year,
— the number of additional premium rights granted to producers
pursuant to Article 5a (2) of Regulation (EEC) No 3013/89;specifying the type of natural circumstances invoked.1992R3567 — EN — 12.07.2000 — 002.001 — 4
(1) OJ No L 283, 27. 10. 1984, p. 28.▼M5
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TITLEII
Nationalreserves
Article 5
1. The Member States shall notify the Commission:
— by 31 December 1992 at the latest, of the percentage reduction
adopted pursuant to Article 5b (1) of Regulation (EEC) No 3013/89,
— by 31 December 1992 at the latest, whetherand (SIC! whether and)
to what extent they have decided to increase their reserves in
accordance with the third subparagraph of Article 5a (1) of
Regulation (EEC) No 3013/89.
2. As from the 1994 marketing year, the Member States shall notify
the Commission:
— by 30 April of each marketing year at the latest, of the number of
premium rights surrendered without compensation to the nationalreserve following transfers of rights without transfers of holdings
during the preceding marketing year,
— by 30 April of each marketing year at the latest, of the number of
premium rights granted pursuant to Article 5b (2) of Regulation(EEC) No 3013/89 during the preceding marketing year,
— by 30 April of each marketing year at the latest, of the total number
of premium rights granted to producers in less-favoured areas from
the additional national reserve during the preceding marketing year.
Article 6
Where a producer has obtained premium rights free of charge from the
national reserve and except in duly justified exceptional cases, he shallnot be authorized to transfer and/or temporarily lease his rights duringthe three following marketing years.
Article 6a
1. A producer holding rights may make use of them by either availing
himself of those rights and/or by leasing those rights to anotherproducer.
2. Where a producer has not made use of ►
M11the minimum
percentage of his rights set in accordance with paragraph 4 ◄during
each marketing year, the part not used shall be transferred to the nationalreserve except:
— in the case a producer participating in an extensification programme
recognized by the Commission,
— in the case a producer participating in an early retirement scheme
recognized by the Commission in which the transfer and/ortemporary lease of rights is not obligatory,
or
— in duly justified exceptional cases.
3. Temporary leasing shall only be in respect of whole marketing
years and shall involve at least the minimum number of animalsprovided for in Article 7 (1). At the end of each period of temporaryleasing which may not exceed three consecutive marketing years, aproducer, except in the event of a transfer of rights, shall recover all hisrights for himself, for at least two consecutive years. If the producer
does not avail himself of ►
M11the minimum percentage of his rights
set in accordance with paragraph 4 ◄during each of the two marketing
years, the Member State shall, except in duly justified exceptional cases,retain and transfer annually to the national reserve that part of the rightsnot used by the producer.1992R3567 — EN — 12.07.2000 — 002.001 — 5
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However, for producers participating in early retirement schemes or who
have, prior to the entry into force of Commission Regulation (EC) No1720/94(
1) undertaken to participate in extensification programmes
recognized by the Commission, Member States may provide for an
extension of the total duration of the temporary lease on the basis ofsuch programmes.
Producers who, subsequent to the entry into force of Regulation (EC) No
1720/94 undertake to participate in an extensification programme in
accordance with the measure referred to in Article 2 (1) (c) of CouncilRegulation (EEC) No 2078/92(
2) shall not be authorized to temporarily
lease and/or to transfer their rights throughout the period of thatparticipation. However, this provision shall not apply:
— in cases where the extensification programme permits the transfer
and/or temporary lease of rights to producers whose participation inthe measures other than the extensification measure referred to in
Article 2 of Regulation (EEC) No 2078/92 requires the acquisition of
rights,
— to producers able to prove to the satisfaction of the competent
authorities that, prior to the entry into force of Regulation (EC) No1720/94, they had already notified those authorities of the transfer
and/or temporary lease of rights in accordance with Article 7 (2).
4. The minimum percentage use of premium rights is hereby set at
70 %.►
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However, Member States can increase this percentage up to 90 %. In
such cases, they shall inform the Commission thereof.
TITLEIII
Transferofrightsandtemporaryleasing
Article 7
1. Member States may lay down, on the basis of their production
structures, a minimum number of premium rights which may be thesubject of a partial transfer not involving the transfer of a holding. This
minimum may not exceed 10 premium rights.
2. Transfers of premium rights and temporary leasing of such rights
shall be effective only after they have been notified to the competentauthorities of the Member State by the producer transferring and/orleasing the rights and by the producer receiving the rights.
Such notification shall be made within a deadline set by the Member
State and not later than the date on which the premium applicationperiod ends in that Member State except in those cases where thetransfer of rights takes effect through an inheritance. In that case, theproducer who receives the rights must be in a position to furnishappropriate legal documents to prove that he or she is the beneficiary of
the deceased producer.
3. In the case of a transfer without a transfer of the holding, the
number of rights transferred without compensation to the nationalreserve may in no case be less than one.1992R3567 — EN — 12.07.2000 — 002.001 — 6
(1) OJ No L 181, 15. 7. 1994, p. 6.
(2) OJ No L 215, 30. 7. 1992, p. 85.▼M11
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Article 9
In the case of transfers or temporary leasing of premium rights, Member
States shall set the new individual limit and shall notify the producerconcerned not later than 60 days after the last day of the period duringwhich the producer submitted his premium application, of the number of
premium rights to which they are entitled.
This measure does not apply in the case where the transfer takes effect
through an inheritance under the conditions referred to in Article 7 (2).
Article 10
Producers farming ►
C1only land of a public or collective
character ◄who decide to stop using that land for grazing and to
transfer all their rights to another producer shall be treated in the sameway as producers selling or transferring their holdings. In all other casessuch producers shall be treated in the same way as producers transferringtheir premium rights only.
Article 11
Where Member States provide that the transfer of rights without transfer
of the holding is to take place via the national reserve, they shall applynational provisions analogous to those in this Title. Moreover, in such
cases:
— Member States may provide for temporary leasing to be carried out
via the national reserve,
— in the event of the transfer of premium rights or temporary leasing
pursuant to the above indent, transfer to the reserve shall not becomeeffective until after notification by the competent authorities of theMember State to the transferring/leasing producer and transfers fromthe reserve to another producer shall not become effective until after
notification to that producer by the authorities.
In addition, such provisions msut (SIC! must) ensure that the part of the
rights not covered by the third subparagraph of Article 5a (4) (b) ofRegulation (EEC) No 3013/89 must be offset by a payment by the
Member State corresponding to the payment which would have resulted
from a direct transfer between producers, account being taken inparticular of the trend in production in the Member State concerned.This payment shall be equal to the payment charged to a producer whoreceives equivalent rights from the national reserve.
TITLEIV
Transitionalandfinalprovisions
Article 12
1. Producers applying for the premium in 1992 after inheriting or
taking over the holding of another producer who received the premiumin 1991 and ceased sheepfarming in 1992 shall obtain the rights which
the latter would have enjoyed if the had continued to produce in 1992.
In addition to using of the reserves provided for in Article 5b (1) and (3)
of Regulation (EEC) No 3013/89, the Member States may grantpremium rights to producers who applied for the premium for the first
time in 1992 other than those referred to in the preceding subparagraph.
However, the total number of the rights thus granted in each MemberState may under no circumstances exceed the total number of potentialrights corresponding to producers having obtained the premium in 1991and ceasing production in 1992 without having passed their holdings onto a successor or other person in 1992 and to the producers referred to in1992R3567 — EN — 12.07.2000 — 002.001 — 7
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paragraph 2 hereof. If the number of rights thus granted is less than the
potential rights the difference may be returned to the national reserve.
2. Producers who obtained premiums in 1991 without applying for
them in respect of 1992 owing to exceptional circumstances but whohave nevertheless continued to produce may, where applicable, receive
premium rights from the national reserve.
3. A producer who during the 1991 marketing year participated in a
programme of of production pursuant to Council Regulation (EEC) No797/85(
1) may, at his request, be granted at the end of his participation
an additional number of premium rights equal to the difference between
the number of premiums granted for the 1991 marketing year and thenumber of premiums granted for the marketing year preceding themarketing year during the course of which the producer commenced hisparticipation in the said programme. In that case, except under duly
justified exceptional cases, the producer shall not be authorized to
transfer or temporarily lease his rights during the following threemarketing years.
Member States shall notify the Commission by 30 April of each
marketing year at the latest, of the number of premium rights granted toproducers who have decided to take up the additional rights available tothem as a consequence of their having participated in the above-mentioned extensification programme. However, for the 1993, 1994 and
1995 marketing years, these communications shall take place by 31 July
1995 at the latest.
4. Notwithstanding Article 3 of Regulation (EEC) No 3007/84 and
Article 1 of Commission Regulation (EEC) No 2814/90(
2) and with
regard to the 1993 marketing year, the Member States may lay down a
specific period for the submission of premium applications for:
— the producers referred to in Article 5b (2) of Regulation (EEC) No
3013/89,
— producers to which the limits referred to in Article 2 (1) hereof
where notified after the deadline set by the Member State for thesubmission of applications where the limit is higher than theapplication initially submitted.
The specific period, however, must not go beyond 30 June 1993.
5. Producers in the Canary Islands applying for premiums for the first
time in respect of the 92 marketing year shall be granted premium rights
under the following conditions:
(a) a regional ceiling shall be set in line with the statistics concerning
the number of ewes and goats present in 1991 in that territory;however, that ceiling shall not exceed a total of 178 000 head;
(b) within that regional celling (SIC! ceiling), an individual limit per
producer shall be set taking account of the number of animals forwhich the premium was granted in respect of the 1992 marketing
year and the correcting coefficients referred to in Article 5a (1) of
Regulation (EEC) No 3013/89.
During the 1993 marketing year and provided the number of premium
rights allocated pursuant to the above subparagraph is less than the
regional ceiling mentioned above, a number of rights equal to the
difference between the two figures may be allocated to producers who,having applied for the premium for the first time in respect of the 1993marketing year, can prove to the satisfaction of the competent authoritiesthat they were producers of sheep and/or goats on the territory of the
Canary Islands in 1992. Within the limit of the above difference, an
individual limit per producer shall be fixed taking account of the numberof eligible animals for which the premium was applied for in respect of1992R3567 — EN — 12.07.2000 — 002.001 — 8
(1) OJ No L 93, 30. 3. 1985, p. 1.
(2) OJ No L 268, 29. 9. 1990, p. 35.▼M8
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the 1993 marketing year, and the correcting coefficients referred to in
Article 5a (1) of Regulation (EEC) No 3013/89.
6. The Member States shall inform the Commission by 30 June 1993
at the latest of national implementing provisions and of the number ofpremium rights granted pursuant to paragraphs 1 to 5 above.
7. Any application submitted for a number of animals in excess of the
individual limits determined in accordance with Article 2 (1) shall bereduced to the number corresponding to the said limits.
Article 13
►
C1Member States, if necessary, shall take ◄appropriate transi-
tional measures with a view to finding equitable solutions to problems
which might arise in contractual relationships existing at the time thisRegulation enters into force between producers who do not own all theland they farm ►
C1and owners of these lands, ◄in the event of a
transfer of premium rights or of other actions having equivalent effect.
Such measures may only be taken in order to resolve the difficulties
connected with the introduction of a premium rights system linked to theproducer and must in any event respect the principles governing thatlink.
Article 14
Only whole numbers shall be used in the initial calculations and in
subsequent adjustments to individual limits on premium rights.
To that end, where the final result of the arithmetical calculations is not
a whole number, the nearest whole number shall be used. However,
where that whole number falls exactly between the whole numbers, the
higher whole number shall be used.
Article 15
Member States shall adopt all other suitable measures necessary to
ensure that the system of individual limits is applied properly. They shallinform the Commission thereof.
Article 16
When Article 5c of Regulation (EEC) No 3013/89 is applied Germany
shall take account of agricultural structures in the new Länderand of the
foreseeable trend as regards their agricultural production structures.
Article 17
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R3567 — EN — 12.07.2000 — 002.001 — 9
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