CELEX: 31977R1307
Language: en
Date: 1977-06-15 00:00:00
Title: Commission Regulation (EEC) No 1307/77 of 15 June 1977 laying down rules for the application of the system of premiums for the non-marketing of milk and milk products and the conversion of dairy herds

No L 150/24                              Official Journal of the European Communities                                18 . 6. 77
                                  COMMISSION REGULATION (EEC) No 1307/77
                                                         of IS June 1977
              laying down rules for the application of the system of premiums for the non­
                 marketing of milk and milk products and the conversion of dairy herds
THE COMMISSION OF THE EUROPEAN                                     a period as possible in order to exclude short-term
COMMUNITIES,                                                       variations in supplies ; whereas account should be
                                                                   taken of the fact that the reduction in milk deliveries
                                                                   caused by the exceptional drought in the second half
Having regard to the Treaty establishing the European              of 1976 continued in many parts of the Community
Economic Community,                                                 into the first half of 1977 :
Having regard to Council Regulation (EEC) No                       Whereas this should accordingly be regarded as a
1078/77 of 17 May 1977 introducing a system of
                                                                    special case as referred to in Article 2 ( 1 ) and in the
premiums for the non-marketing of milk and milk                     second subparagraph of Article 3 ( 1 ) of Regulation
products and for the conversion of dairy herds ( x), and
                                                                   (EEC) No 1078/77, a variation of up to 10% being
in particular Article 7 thereof,                                    permitted without the premium being reduced ;
Whereas under Article 7 of Regulation (EEC) No
1078/77 certain rules are to be adopted for imple­                  Whereas, for purposes of the conversion premium, the
menting the system of premiums for the non-mar­                     number of the various animals which the farmer may
keting of milk and milk products and the conversion                 keep must be calculated in terms of a livestock unit
of dairy herds ; whereas, in order to ensure that the               equal to one adult bovine animal ; whereas a change
system is applied uniformly, it is desirable, especially            in the herd caused by seasonal factors or by the
in view of experience with such systems in the past, to             replacement of animals, but which overall does not
specify as precisely as possible the conditions for the             affect the farmer's ability to fulfil his obligation,
granting of premiums ;                                              should be taken into account by calculating the
                                                                    number of livestock units for each calendar year in
                                                                    such a way that animals kept for a short period and
Whereas, in order to ensure that a check can be kept                animals whose classification changes in the course of
throughout the period to which the obligations under                the year as a result of age are counted on a calendar
the scheme relate, it is necessary to provide a means               year basis ;
of identification in respect not only of dairy cows but
of all female animals suitable for milk production ;
whereas all such animals must therefore be registered
and marked and their particulars entered on an iden­                Whereas, in order that a check may be kept on
tity card, by means of which it may be checked                      compliance with the obligation not to use areas under
whether the use of the animal has been in accordance                forage for milk production, all such areas must be
with the rules ; whereas, however, since a system of                registered and, since an unforeseen change of use is
identity cards is open to abuse in the event of the                 possible, all areas belonging to the holding must in
animals being sold, it is desirable that it be clearly              fact be registered ;
brought home to farmers that they are to be respon­
sible for its return, thus ensuring that they will not
sell their animals without making the necessary provi­              Whereas premiums already paid must be recovered if
sions for the card to be returned to them ;                         the obligations under the premium system are not
                                                                    met ; whereas, however, in certain cases, and in parti­
                                                                    cular if the recipient is temporarily or permanently
Whereas, in order where possible to avoid extra admi­               not in a position to fulfil these obligations by reason
nistrative work, existing national marks and identity               of circumstances beyond his control and which he
cards may be used, provided cross-frontier trade is not             cannot remedy save at disproportionate cost to
involved ;                                                          himself (2 ), it appears justified to release him tempor­
                                                                    arily or permanently from those obligations ; where? ',
                                                                    however, the obligations under the premium syst
Whereas, when comparing quantities of milk and                      should continue to apply where the holding is trans
milk products delivered, it is desirable to cover as long           ferred ;
(») OJ No L 131 , 26 . 5 . 1977, p . 1 .                            (2 ) Recueil 1968 , 549 ; 1970, 1125 .
 ---pagebreak---  18 . 6. 77                          Official Journal of the European Communities                          No L 150/25
Whereas regular communications from the Member                 2.     The competent authority shall :
States as to the number of applications submitted and
approved are necessary in order that a check may be            (a) determine the quantity of milk and milk products,
kept on the operation of the premium system and its                 expressed as kilograms of milk, to be taken as
uniform application ; whereas such communications                   having been supplied by the producer in the
are also necessary for purposes of the report to the                course of the calendar year 1976 for the purposes
Council provided for in Article 13 of Regulation                    of calculating the premium ; this quantity shall be
(EEC) No 1078/77 ;                                                  determined by reference to the number of dairy
                                                                    cows as indicated in accordance with Article 1 (b)
Whereas the measures provided for in this Regulation                (aa) and the number as determined at the time the
are in accordance with the opinion of the Manage­                   application is approved ; a fall of 10 % or less in
ment Committee for Milk and Milk Products,
                                                                    supplies as referred to in Article 1 (d) shall not,
                                                                    however, have the effect of reducing the quantity
HAS ADOPTED THIS REGULATION :                                       of milk to be taken into account ;
                                                               (b) mark and register the holding's dairy herd and
                          Article 1                                 issue for the animals concerned the identity cards
Applications for premiums for the non-marketing of                  provided for in Article 7 ; if an appropriate mark
milk and milk products or for the conversion of dairy               or registration exists under national provisions this
herds shall be lodged between 1 July 1977 and 31                    may be used, supplemented as necessary for the
March 1978 with the competent authority appointed                   purposes of the premium system .
by the Member State concerned .                                     Where, after the date on which the application
Applications shall for each producer include at least               was lodged, animals have been slaughtered by
the following particulars :                                         order of the public authorities under a disease erad­
                                                                    ication programme, and the slaughter was carried
(a) the type of premium applied for ;                               out within the period prescribed in such order, the
(b) the total number of bovine animals and sheep                    animals in question shall be regarded as present
      kept on the holding at the time of the application ,          on the holding at the time when the application is
      with separate particulars as follows :                        approved ;
     (aa) the number of dairy cows as defined in Article
            5 ( 1 ) (a),                                       (c) determine, in the case of the reconversion
     (bb) the number of other female bovine animals                 premium , the number of other animals as speci­
            as defined in Article 5 ( 1 ) (b),                      fied in Article 4 (2) present on the holding when
     (cc) in the case of the conversion premium , the               the application is approved ;
            numbers of other animals, classified in accor­
                                                               (d) register the written undertaking required under
            dance with Article 4 (2) ;                              Article 2 (2) or 3 (2) of Regulation (EEC) No
(c) the quantities of milk and milk products supplied               1078 /77 ;
      to other persons in the course of the calendar year
      1976 ; in the case of supplies to dairies, such quan­    (e) register the total area farmed by the applicant.
      tities must be confirmed by the purchasers, or by a
      competent authority ;                                    3 . In the case of producers having supplied more
(d) the quantities of milk and milk products supplied          than 120 000 kilograms of milk in 1976 the premium
      in 1977 up to the end of the month preceding the         shall be reduced in accordance with paragraph 2 (a)
      month in which the application was lodged and            only if the deliveries in 1977 as indicated in accor­
     during the same period in 1976 ; in the case of           dance with Article 1 (d) give a quantity of milk of less
     applications lodged in 1978 the particulars shall         than 120 000 kilograms .
     be given in respect of the calendar year 1977 ; in
      the case of supplies to dairies the quantities must
                                                               4.     For the purpose of calculating the premium
      be confirmed by the purchasers or by a competent
                                                               where the applicant is participating in a disease eradi­
      authority ;
                                                               cation programme, the increases provided for in the
(e) a declaration by the producer stating that he is           first indent of the second subparagraph of Article 4 (4)
     aware of the rules governing the premium system           of Regulation (EEC) No 1078 /77 shall be calculated,
      for the non-marketing of milk and milk products          as in the case of the quantity of milk determined in
     or the conversion of dairy herds to meat produc­          accordance with paragraph 2 (a), by reference to the
     tion .
                                                               number of diseased animals ;
                          Article 2
                                                               Where both the alternatives set out in the second
1 . On receipt of the application the competent                subparagraph of Article 4 (4) of Regulation ( EEC) No
authority shall verify the particulars supplied pursuant       1078 /77 are applicable the second alternative shall
to Article 1 (b) to (d).                                       apply.
 ---pagebreak--- No L 150/26                         Official Journal of the European Communities                             18 . 6. 77
5. The producer shall notify the competent                    (d) 'area under forage means the total farmed agricul­
authority, before the beginning of the non-marketing               tural area.
or reconversion period, of the date of its commence­
ment, and this date shall be recorded on each identity        2. Only a heifer in respect of which the recipient
card.                                                         has presented proof to the competent authorities that
                                                              it calved or aborted nine months after it was counted
                         Article 3
                                                              in for the purposes of the rights and obligations
                                                              arising under this Regulation shall be recognized as a
For the purpose of calculating the quantities of milk         dairy cow or cow of a,, beef breed.
and milk products the following conversion factors
shall apply in respect of milk products :                     3 . For purposes of the premium system, the dates
                                                              of lodging and approval of the application shall be
(a)  1 kilogram   of milk equals 1 litre of milk,             determined in accordance with national law.
(b)  1  kilogram  of butter equals 23 litres of milk,
(c)  1 kilogram   of cheese equals 10 litres of milk,                                 Article 6
(d)  1  kilogram   of milk fat equals 27 litres of milk.
                                                              The amount of the premium granted shall be that
                         Article 4
                                                              applicable on the date of approval of the application.
1 . For the purposes of Article 3 (2) (c) of Regulation                               Article 7
(EEC) No 1078/77 :
(a) the reference date shall be the date when the appli­       1 . For purposes of checking compliance with the
     cation for the conversion premium is approved ;          obligations under the premium scheme, an identity
                                                              card shall be issued in at least one original and one
(b) the number of animals shall be calculated in live­        copy for each animal marked and registered in accor­
     stock units in accordance with paragraph 2 ;             dance with Article 2 (2) (b) ; the original shall accom­
(c) a corresponding number of livestock units shall be        pany the animal concerned throughout the non-mar­
     considered to be kept when the producer presents         keting or reconversion period, or until slaughter or
     satisfactory proof, for each year of the conversion      export ; the copy shall be kept by the issuing
     period, that having regard to the period for which       authority.
     each animal is kept and to its livestock value in
     that year as determined in accordance with para­         2.     The identity card shall conform with the speci­
                                                               men set out in the Annex hereto . The size of the form
    graph 2, the number as calculated on an annual
     average basis is not less than the number of live­       shall be 210 x 148 mm. The paper used for the orig­
     stock units at the reference date .                      inal shall be white and weigh at least 100 grams per
                                                              square metre .
2.     A livestock unit shall mean :
                                                              The Member States shall be responsible for printing
(a) one domestic bovine animal at least 12 months             their own identity cards. Each identity card shall bear
     old ;                                                    a serial number permitting identification .
(b) two domestic bovine animals between six and 12
     months old ;                                             3.     Each Member State may use on its own territory
(c) five sheep at least 12 months old.                        an identity card issued under national law, provided
                                                              that such card contains the particulars required under
                                                              this Regulation .
                         Article 5
                                                               In the event of slaughter in another Member State on
1.     For purposes of the premium system :                   export, the identity card issued under national law
(a) 'dairy cow means a female domestic bovine                 may not be used to claim entitlement to the
     animal suitable for the production of milk for           premium . In such cases an identity card in accordance
     marketing purposes and having calved at least            with paragraphs 1 and 2 shall be used.
     once ; this definition shall include in-calf heifers ;
                                                              4. Applicants for aid must obtain an identity card
(b) 'dairy herd' means all female domestic bovine             for each bovine animal as defined in Article 5 ( 1 ) (a)
     animals at least six month old suitable for the
                                                              and (b) and shall keep such card for as long as they
     production of milk for marketing ;                       are subject to the obligations arising out of the
(c) 'cow of a beef breed' means a female domestic             premium system .
    bovine animal having calved at least once and
    belonging to one the breeds recognized as fit for         5. On each change of ownership the name, address
     meat production by the competent authority of            and signature of the new owner shall be inserted on
     the Member State concerned ; the definition shall        the identity card if the obligations arising under the
     include in-calf heifers of a beef breed ;                premium system still apply to the animal concerned.
 ---pagebreak--- 18 . 6 . 77                        Official Journal of the European Communities                          No L 150/27
6. Save in the cases provided for in Article 6 of            taken over by him . If necessary the competent
Regulation (EEC) No 1078/77, in case of sale the             authority shall recover all sums already paid to the
animal shall be slaughtered or exported immediately.         transferor.
Slaughtering shall take place in a slaughter-house
approved by the competent Member State.
                                                                                     * Article 9
7. In case of export, the customs office through
which the animal leaves the Community shall stamp             1.    The Member States shall, not later than the end
                                                             of each month, inform the Commission of the
and date the identity card after having checked the
identity of the animal . The identity card shall then be     number of applications approved by the competent
returned to the exporter for transmission to the recip­      authority during the previous month, including details
ient of the premium, or returned direct to the latter.       of the quantities of milk and milk products as referred
                                                             to in Article 2 (2) (a).
8 . In the event of the slaughter or death of the            2. Applications shall be classified according to the
animal during the non-marketing or reconversion              quantity of milk marketed by the holdings — the
period, the competent authority shall certify the date       number of dairy cows actually kept being indicated in
of slaughter or death on the identity card and after         each case — and separated according to whether they
checking the identity of the animal, return the card to      come within the terms of Article 2 (2), 2 (3) or 4 (4) of
the holder for transmission to the recipient.
                                                             Regulation (EEC) No 1078/77.
9. Death or export shall not be regarded as proved
until the recipient of the premium returns the original                               Article 10
of the identity card stamped or certified in accordance
with paragraphs 7 and 8 .                                     1 . In case of force majeure, the Member States may
                                                             provide that the premiums already paid shall not be
10 . The approval of the application for a premium           recoverable even if the obligations under the scheme
shall state expressly that the recipient of the premium      have not been fulfilled and, if necessary, the non-mar­
is responsible for returning the identity card and           keting or reconversion period may be suspended for a
suggest that, in the event of the animal being sold, he      specified period and extended accordingly.
makes appropriate contractual provision to ensure its
return .                                                     2.     Provision for non-recovery of the premium may,
                                                             in particular, be made in the following cases :
                         Article 8                           (a) death of the recipient, provided that he farmed his
                                                                  holding himself ;
1 . Where the recipient of a premium fails to prove          (b) an extended period of disability such as to prevent
to the satisfaction of the competent authority that he            the recipient from carrying on his occupation,
has complied with the obligations laid down in                    provided that he farmed his holding himself ;
Article 2 or 3 of Regulation (EEC) No 1078/77, the           (c) compulsory purchase of a substantial part of the
Member State concerned shall take all necessary steps             utilized agricultural area of the holding farmed by
to recover all sums already paid in respect of that               the recipient, provided that such compulsory
premium .                                                         purchase was not foreseeable at the date when the
                                                                  application was approved.
2. The like provision shall apply where a person
has taken over a holding and given an undertaking to          3 . Provision for suspension of the relevant period
the competent authority to continue to fulfil the obli­       may, in particular, be made in the following cases :
gations entered into by his predecessor.
                                                             (a) a serious natural disaster substantially affecting the
3.     Where the applicant fails to provide proof in              land farmed by the recipient ;
accordance with Article 7 that the animals have been         (b) accidental destruction of buildings normally used
used for the prescribed purposes, entitlement to the              by the recipient for cattle or sheep farming
premium shall be forfeited in respect of those animals            purposes ;
for which such proof is not furnished.                       (c) an outbreak of epizootic disease affecting all or
                                                                  part of the recipient's cattle or sheep herd.
4. Where the recipient of a premium intends to
transfer his holding, or part thereof, to another person,    4.     The Member States shall inform the Commis­
he shall first notify the competent authority and indi­       sion of all cases of force majeure accepted as such by
cate to what extent, if any, the transferee is to take        them .
over his obligations under the premium scheme.
                                                                                      Article 11
The competent authority shall inform the transferee
as to the exact scope of the rights and obligations          This Regulation shall enter into force on 1 July 1977.
 ---pagebreak--- No L 150/28                   Official Journal of the European Communities                       18 . 6 . 77
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States .
           Done at Brussels, 15 June 1977.
                                                                 For the Commission
                                                                  Finn GUNDELACH
                                                                     Vice-President
 ---pagebreak---                                                                      EUROPEAN COMMUNITIES                                                                  ANNEX                                                              Front
       ,surgeon the                                                                       NON-MARKETING PREMIUM (*                                                            IDENTITY CARD No
                                                                                            CONVERSION PREMIUM 0                                                                              ORIGINAL
                                                                        1 . Issuing authority :                                                                  2 . Producer :
               veterinary
       .Community
       the
     ,slaughter-house
                                                                        3 . Exact description of animal                                                          4 . Beginning of : non-marketing period (*)
    Section No 5 to be completed according to case by the
                                                                            Mark :                                                                                                  conversion period f)
                                                                            Breed :                                                                                                                       19
                                                                            External features :                                                                                   ( Date)
                                                                                                                                                                                            (Signature of producer)
                                                                                                                                                                 5 . The animal identified in section 3
                                                                                                                                                                    — has been slaughtered (*)
                                                                                                                                                                    — has died (*)
                                                                                                                                                                    — has left the Community C)
    meat inspector or the customs office where the animal left the
                                                                                                                                                                    on                                       19
                                                                                                                                      19 .
                                                                                      ( Place)                              ( Date)
           :
    NB                                                                                             (Signature and stamp of issuing authority)                                               (Signature and stamp)
                                                                     (*) Delete as appropriate .
                                                                                                                                                                                                                       Back
                                                                                                               6 . Change of ownership of animal identified on front of card
  7. Name, forename and address of new owner :                                                                                                          8 . Date of change of ownership and signature of new owner :
                                                                                                                                                Important note
1 . This identity card is valid only for such period as the non-marketing or conversion premium scheme under Regulation (EEC) No 1078/77 applies to
  the abovementioned animal .
2. The return of this identity card to the issuing authority is a condition of entitlement to the premium .
 ---pagebreak---                                                                        EUROPEAN COMMUNITIES
                    NON-MARKETING PREMIUM Π                                                      IDENTITY CARD No
                        CONVERSION PREMIUM Π                                                                        COPY
   1 . Issuing authority :                                                        2 . Producer :
    3 . Exact description of animal :                                            4. Beginning of : non-marketing period (")
        Mark :                                                                                      conversion period (*)
        Breed :
        External features :                                                                                             19
                                                                                                             (Date)
                                                                                   on                                   19
                                ,                      19                                                  (date)
               (Place)                          (Date)
                            (Signature and stamp of issuing authority)
C) Delete as appropriate .