1992R2233 — EN — 01.07.1993 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 2233/92
of 31 July 1992
layingdowndetailedrulesfortheapplicationofthespecificpremiumforthemaintenanceofdairy
herds in the Azores
(OJ L 218, 1.8.1992, p. 100)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 1756/93 of 30 June 1993 L 161 48 2.7.1993
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COMMISSION REGULATION (EEC) No 2233/92
of 31 July 1992
laying down detailed rules for the application of the specific
premium for the maintenance of dairy herds in the Azores
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June
1992 concerning specific measures for the Azores and Madeira relatingto certain agricultural products (
1), and in particular Article 24 (6)
thereof,
Having regard to Council Regulation (EEC) No 1676/85 of 11 June
1985 on the value of the unit of account and the conversion rates to beapplied for the purposes of the common agricultural policy (
2), as last
amended by Regulation (EEC) No 2205/90 (3), and in particular Article
12 thereof,
Whereas Article 24 (4) of Regulation (EEC) No 1600/92 provides for
the granting of specific annual premiums for the maintenance of dairyherds in respectof up t o 78 000 head;
Whereas, in order to make verification of applications easier, the
Member State in question should take the necessary measures to preventthe premium in question from being used for purposes other than thoselaid down and whereas there is provision for the Commission staff to beinformed as to whether the scheme is working properly;
Whereas the scheme introduced by Regulation (EEC) No 1600/92 came
into force on 1 July 1992; whereas the detailed rules for its applicationshould take effect on the same date;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Milk and MilkProducts,
HAS ADOPTED THIS REGULATION:
Article 1
1. In accordance with Article 24 of Regulation (EEC) No 1600/92,
producers may qualify on application for a specific annual premium forthe maintenance of their dairy herds.
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M1
2. The amountof aid per cow shall be ECU 80.
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3. In order to qualify for the premium, producers must show to thesatisfaction of the competent authority that they deliver milk and milkproducts from the holdings under their management on the day onwhich the application is submitted.
In addition, the premium shall be granted subject to an undertaking by
the recipient to:
— deliver milk and milk products for 12 months from the day on
which the application is submitted,
— maintain the number of dairy cows on his holding in respect of
which he has submitted a premium application on his holding for aperiod of 12 months.
(1) OJ No L 173, 27. 6. 1992, p. 1.
(2) OJ No L 164, 24. 6. 1985, p. 1.
(3) OJ No L 201, 31. 7. 1990, p. 9.
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Article 2
Portugal shall take all measures necessary to ensure that:
(a) premiums are granted in respect of no more than 78 000 cows;
(b) a single period is fixed each year for the submission of premium
applications;
(c) detailed rules are laid down for monitoring the number of cows
covered by applications;
(d) other detailed rules, including rules to ensure that premiums are
paid solely to dairy farmers, are laid down.
Article 3
1. Where the number of animals actually shown to be eligible as a
result of checks is less than that in respect of which premium applica-tions have been submitted, no premium shall be paid, without prejudiceto paragraphs 2, 3 and 4.
2. Where the reduction in the number of animals may be ascribed to
natural circumstances affecting the life of the herd, premiums shall bepaid in respect of the number of animals actually eligible provided thatthe recipient has notified the competent authority of the circumstancesin writing within 10 days of the event in question.
3. Producers shall continue to qualify for the premium in respect of
the number of animals actually eligible where they have been unable tofulfil the undertaking laid down in Article 2 for reasons of force
majeure . Producers shall notify the competent authorities of the circum-
stances within 10 days of the event in question.
4. In cases other than those covered by paragraphs 2 and 3, where
the difference between the number of animals actually eligible and thedeclared number is less tha n5%o ro n e head atmostif t he number of
declared animals is equal to or less than 20 head, premiums shall bepaid in respectof t he number of eligible animals, less 20 %, providedthat, in the opinion of the competent authority, no false declarationsubmitted deliberately or through serious negligence is involved.
5. Amounts paid unduly shall be recovered, plus interest to be deter-
mined by the Member State running from the date of payment of thepremium until its recovery.
6. Where paragraph 1 is applied, if the competent authority finds that
a false declaration made deliberately or through serious negligence isinvolved, the producer in question shall not be eligible for the premiumfor 12 months from the date of such finding.
Article 4
Portugal shall notify the Commission staff within three months of the
entry into force of this Regulation of measures taken pursuant to Article2, including the system of controls introduced.
Article 5
This Regulation shall enter into force on the day following its publica-
tion in the Official Journal of the European Communities .
Itshall apply from 1 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.