3567/92 - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
COMMISSION REGULATION (EEC) No 3567/92
of 10 December 1992
laying down detailed rules for the application of the individual limits, national reserves and
transfer of rights provided for in Articles 5a to 5c of Council Regulation (EEC) No 3013/89 on
the common organization of the market in sheepmeat and goatmeat
(OJ No L 362, 11. 12. 1992, p. 41)
Amended by:
Official Journal
No page date
Commission Regulation (EEC) No 1199/93 of 14 May 1993 L 122 26 18. 5. 1993
Commission Regulation (EEC) No 1845/93 of 9 July 1993 L 168 30 10. 7. 1993Commission Regulation (EEC) No 2869/93 of 20 October 1993 L 262 28 21. 10. 1993Commission Regulation (EC) No 3534/93 of 21 December 1993 L 321 13 23. 12. 1993Commission Regulation (EC) No 826/94 of 13 April 1994 L 95 8 14. 4. 1994Commission Regulation (EC) No 1720/94 of 14 July 1994 L 181 6 15. 7. 1994Commission Regulation (EC) No 2527/94 of 19 October 1994 L 269 11 20. 10. 1994Commission Regulation (EC) No 1847/95 of 26 July 1995 L 177 32 28. 7. 1995Commission Regulation (EC) No 122/97 of 23 January 1997 L 22 18 24. 1. 1997Commission Regulation (EC) No 1303/97 of 4 July 1997 L 177 7 5. 7. 1997Commission Regulation (EC) No 1235/98 of 15 June 1998 L 170 4 16. 6. 1998
Corrected
by:
C1 Corrigendum, OJ No L 6, 12. 1. 1993, p. 16 (3567/92)
C2 Corrigendum, OJ No L 202, 18. 7. 1998, p. 67 (1235/98)
3567/92 - - - I
ICOMMISSION REGULATION (EEC) No 3567/92
of 10 December 1992
laying down detailed rules for the application of the individual limits, national reserves and
transfer of rights provided for in Articles 5a to 5c of Council Regulation (EEC) No 3013/89 on
the common organization of the market in sheepmeat and goatmeat
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community,
Having regard to Council Regulation (EEC) No 3013/89
of 25 September 1989 on the common organization of the
market in sheepmeat and goatmeat (
1), as last amended by
Regulation (EEC) No 2069/92 (2), and in particular Ar-
ticles 5a (4) (b) and (f), 5b (4) and 5c (2) thereof,
Whereas, with a view to implementing the system of indi-
vidual limits as introduced by Article 5a of Regulation
(EEC) No 3013/89, the rules governing the determinationof those limits and their communication to the producers
should be specified, taking account of the specific prob-
lems linked to producer groups and to the different rates
of premium in the sheep and goat sector; whereas also cer-
tain terms should be defined 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, provi-
sion should be made for premium rights not used by their
holder during a specific period to revert to the national
reserve; whereas appropriate measures should also be
taken to ensure that rights granted free of charge from the
national reserve are used by the beneficiaries solely for the
intended purposes;
Whereas the uniform implementation of the provisions re-
lating to the transfer and temporary leasing of rights en-
tails the laying-down of certain administrative rules; where-
as, in order to avoid excessive administrative 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 pro-
ducers; whereas such rules must also prevent infringement
of the obligation under Article 5a (4) of Regulation (EEC)
No 3013/89 to surrender, whenever rights are transferred
without transfer of the holding, a certain percentage 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;
(1) OJ No L 289, 7. 10. 1989, p. 1.
(2) OJ No L 215, 30. 6. 1992, p. 59.
3567/92 - - - I
IIWhereas 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 pro-
duction, 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 de-
signed to preserve economic consistency with the system of
direct trasfers (SIC! transfers) between producers; whereas
objective criteria should be established for the determina-
tion of the sum to be paid by 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 in well-defined situations; whereas, in order to
take account of the exceptional circumstances which pre-
veted producers from applying for a premium 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 of legitimate expectations, compensation in
the form of the allocation of additional rights should be
provided for in the case of producers whose individual
limit does not reach its normal level because of their par-
ticipation 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 be established
by reference to premiums granted for 1991; whereas, in
order to stay as close as possible to the economic situation
in 1991, the individual limits should be established on the
basis and within the limits of the flocks counted in that
territory in 1991 while taking into account the premiums
granted to producers for 1992;
3567/92 - - - I
IIIWhereas the transition from the system existing when Re-
gulation (EEC) No 2069/92 entered into force to the sys-
tem 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
their holdings are situated; whereas, in order to ensure the
smooth operation of the market, provision should be made
for those Member States to take appropriate measures to
resolve the problems while respecting the link between
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 arrange-
ments it needs to be properly provided by the Member
States with the essential information regarding its imple-
mentation; whereas it is therefore vital to require the
Member States to communicate the necessary information
to the 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:
3567/92 - - - I
1TITLE I
Individual limits
Article 1
This Regulation lays down detailed rules for the applica-
tion of the individual limits per producer introduced by
Articles 5a, 5b and 5c of Regulation (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 laid down 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 laid down in Ar-
ticle 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 not enable the individual animals be-
longing to each producer to be identified, the limit shall be
calculated by applying the apportionment formula notified
by the group in respect of the 1992 marketing year to the
total number of animals referred to in the first subpara-
graph.
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 State for the submission of pre-
mium applications for the 1993 marketing year.
Where the number of premiums to be paid in respect of1991 has not been 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 (
3) is applied in respect of the 1991 marketing
year, entailing loss of entitlement under the premium
scheme for 1992, the individual limit shall be based on the
number of eligible animals recorded during the chek (SIC!
check) which gave rise to the application of the abovemen-
tioned provision.
(3) OJ No L 283, 27. 10. 1984, p. 28.3567/92
826/94 - - - deleted
3567/92
3567/92 - - - I
24. The coefficient referred to in Article 5a (5) of Regula-
tion (EEC) No 3013/89 shall not become definitive until
the total numbers of eligible animals referred to in the
said paragraph are comparedwith the total number of pre-
miums granted in response to applications deemed to be
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 Re-
gulation (EEC) No 3007/84 and the following condi-
tions provided that these occurred prior to submission
of the application or prior to the deadline for sub-
mission of applications for premiums under the 1991
marketing year and that they 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 epizootic disease 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 reduced rate); the Commission
shall compare this sum with the result of the premiums
granted in response to applications deemed to be ac-
ceptable 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 cir-
cumstances invoked.
TITLE II
National reserves
Article 5
1. The Member States shall notify the Commission:3567/92
3567/92 - - - I
3— by 31 December 1992 at the latest, of the percentage
reduction adopted pursuant to Article 5b (1) of Re-
gulation (EEC) No 3013/89,
— by 31 December 1992 at the latest, whetherand (SIC!
whether and) to what extent they have decided to in-
crease their reserves in accordance with the third sub-
paragraph 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 com-
pensation to the national reserve following transfers of
rights without transfers of holdings during the preced-
ing marketing year,
— by 30 April of each marketing year at the latest, of the
number of premium rights granted pursuant to Ar-ticle 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 re-
serve during the preceding marketing year.
Article 5a
Article 6
Where a producer has obtained premium rights free of
charge from the national reserve and except in duly justi-
fied exceptional cases, he shall not be authorized to
transfer and/or temporarily lease his rights during the 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 another producer.
2. Where a producer has not made use of the minimum
percentage of his rights set in accordance with paragraph 4
during each marketing year, the part not used shall be
transferred to the national reserve except:
— in the case a producer participating in an extensifica-
tion programme recognized by the Commission,
— in the case a producer participating in an early retire-
ment scheme recognized by the Commission in which
the transfer and/or temporary lease of rights is not
obligatory,
or
— in duly justified exceptional cases.3567/92
826/94 - - - deleted
1847/95
1235/98
3567/92 - - - I
43. T emporary leasing shall only be in respect of whole
marketing years and shall involve at least the minimum
number of animals provided for in Article 7 (1). At the
end of each period of temporary leasing which may not
exceed three consecutive marketing years, a producer, ex-
cept in the event of a transfer of rights, shall recover all
his rights for himself, for at least two consecutive years. If
the producer does not avail himself of the minimum per-
centage 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
rights not used by the producer.
However, for producers participating in early retirementschemes or who have, prior to the entry into force of
Commission Regulation (EC) No 1720/94 (
1)u n d e r t a k e n
to participate in extensification programmes recognized bythe Commission, Member States may provide for an exten-
sion of the total duration of the temporary lease on the
basis of such programmes.
Producers who, subsequent to the entry into force of Re-
gulation (EC) No 1720/94 undertake to participate in an
extensification programme in accordance with the measure
referred to in Article 2 (1) (c) of Council Regulation
(EEC) No 2078/92 (
2) shall not be authorized to temporar-
ily lease and/or to transfer their rights throughout the
period of that participation. However, this provision shall
not apply:
— in cases where the extensification programme permits
the transfer and/or temporary lease of rights to pro-
ducers whose participation in the 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) No 1720/94, they had already
notified those authorities of the transfer and/or tem-
porary lease of rights in accordance with Article 7 (2).
4. The minimum percentage use of premium rights ish e r e b ys e ta t7 0% .
However, Member States can increase this percentage upto 90 %. In such cases, they shall inform the Commission
thereof.
(1) OJ No L 181, 15. 7. 1994, p. 6.
(2) OJ No L 215, 30. 7. 1992, p. 85.1303/97
1235/98
1847/95
1235/98
C2, OJ No L 202, 18. 7. 1998, p. 67
3567/92 - - - I
5TITLE III
Transfer of rights and temporary leasing
Article 7
1. The minimum number of premium rights which may
be the subject of a partial transfer not involving the
transfer of a holding shall be:
— ten rights in the case of producers holding at least
100 premium rights,
— five rights in the case of producers holding at least 20
and not more than 99 rights.
In the case of producers holding less than 20 rights, no
minimum is set.
2. T ransfers of premium rights and temporary leasing ofsuch rights shall be effective only after they have been
notified to the competent authorities of the Member State
by the producer transferring and/or leasing 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 application period ends in that Member State
except in those cases where the transfer of rights takes ef-
fect through an inheritance. In that case, the producer who
receives the rights must be in a position to furnish ap-
propriate 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 theholding, the number of rights transferred without com-
pensation to the national reserve may in no case be less
than one.
Article 7a
Article 8
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 producer concerned not later than
60 days after the last day of the period during which 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 conditionsreferred to in Article 7 (2).3567/92
2527/94
122/97
3567/92
1847/95 - - - deleted
826/94 - - - deleted
deleted
1847/95
3567/92 - - - I
6Article 10
Producers farming only land of a public or collective char-
acter who decide to stop using that land for grazing and to
transfer all their rights to another producer shall be
treated in the same way as producers selling or transferring
their holdings. In all other cases such producers shall be
treated in the same way as producers transferring their
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 apply national provisions anal-
ogous 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 tem-
porary leasing pursuant to the above indent, transfer to
the reserve shall not become effective until after noti-
fication by the competent authorities of the Member
State to the transferring/leasing producer and transfers
from the reserve to another producer shall not become
effective until after notification to that producer by theauthorities.
In addition, such provisions msut (SIC! must) ensure that
the part of the rights not covered by the third subpara-
graph of Article 5a (4) (b) of Regulation (EEC) No 3013/89
must be offset by a payment by the Member State corre-
sponding to the payment which would have resulted from a
direct transfer between producers, account being taken in
particular of the trend in production in the Member State
concerned. This payment shall be equal to the payment
charged to a producer who receives equivalent rights from
the national reserve.
TITLE IV
Transitional and final provisions
Article 12
1. Producers applying for the premium in 1992 after in-
heriting or taking over the holding of another producer
who received the premium in 1991 and ceased sheepfarm-
ing in 1992 shall obtain the rights which the latter would
have enjoyed if the had continued to produce in 1992.3567/92
C1, OJ No L 6, 12. 1. 1993, p. 16
3567/92 - - - I
7In addition to using of the reserves provided for in Ar-
ticle 5b (1) and (3) of Regulation (EEC) No 3013/89, the
Member States may grant premium rights to producers
who applied for the premium for the first time in 1992
other than those referred to in the preceding subpara-
graph. However, the total number of the rights thus
granted in each Member State may under no circum-
stances exceed the total number of potential rights corre-
sponding to producers having obtained the premium in
1991 and ceasing production in 1992 without having
passed their holdings on to a successor or other person in
1992 and to the producers referred to in paragraph 2 here-
of. 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 exceptionalcircumstances but who have nevertheless continued to pro-
duce may, where applicable, receive premium rights from
the national reserve.
3. A producer who during the 1991 marketing year par-ticipated in a programme of of production pursuant to
Council Regulation (EEC) No 797/85 (
1)m a y ,a th i sr e -
quest, be granted at the end of his participation an addi-
tional number of premium rights equal to the difference
between the number of premiums granted for the 1991
marketing year and the number of premiums granted for
the marketing year preceding the marketing year during
the course of which the producer commenced his participa-
tion 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 three marketing years.
Member States shall notify the Commission by 30 April of
each marketing year at the latest, of the number of pre-
mium rights granted to producers who have decided to
take up the additional rights available to them as a conse-
quence of their having participated in the abovementioned
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:
(1) OJ No L 93, 30. 3. 1985, p. 1.
(2) OJ No L 268, 29. 9. 1990, p. 35.3567/92
1847/95
3567/92
3567/92 - - - I
8— the producers referred to in Article 5b (2) of Regula-
tion (EEC) No 3013/89,
— producers to which the limits referred to in Ar-
ticle 2 (1) hereof where notified after the deadline set
by the Member State for the submission of applica-
tions where the limit is higher than the application in-
itially submitted.
The specific period, however, must not go beyond
30 June 1993.
5. Producers in the Canary Islands applying for pre-
miums 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 for which the premium was granted
in respect of the 1992 marketing year and the c orrect-
ing coefficients referred to in Article 5a (1) of Regula-
tion (EEC) No 3013/89.
During the 1993 marketing year and provided the numberof premium rights allocated pursuant to the above sub-
paragraph 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
1993 marketing year, can prove to the satisfaction of the
competent authorities that 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 individ-
ual limit per producer shall be fixed taking account of the
number of eligible animals for which the premium was ap-
plied for in respect of the 1993 marketing year, and the
correcting coefficients referred to in Article 5a (1) of Re-
gulation (EEC) No 3013/89.
6. The Member States shall inform the Commission by30 June 1993 at the latest of national implementing provi-
sions and of the number of premium rights granted pursu-
ant to paragraphs 1 to 5 above.
7. Any application submitted for a number of animals inexcess of the individual limits determined in accordance
with Article 2 (1) shall be reduced to the number corre-
sponding to the said limits.3567/92
1845/93
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3534/93
3567/92 - - - I
9Article 13
Member 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 this Regulation enters into force be-
tween producers who do not own all the land they farm
and owners of these lands, in the event of a transfer of
premium rights or of other actions having equivalent ef-
fect. Such measures may only be taken in order to resolve
the difficulties connected with the introduction of a pre-
mium rights system linked to the producer and must in any
event respect the principles governing that link.
Article 14
Only whole numbers shall be used in the initial calcula-
tions and in subsequent adjustments to individual limits on
premium rights.
T o that end, where the final result of the arithmetical cal-
culations 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 shall inform the Commission there-of.
Article 16
When Article 5c of Regulation (EEC) No 3013/89 is ap-
plied Germany shall take account of agricultural structures
in the new Länder and 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 Euro-
pean Communities.3567/92
C1, OJ No L 6, 12. 1. 1993, p. 16
C1, OJ No L 6, 12. 1. 1993, p. 16