CELEX: 31976D0122
Language: en
Date: 1976-01-14 00:00:00
Title: Commission Decision of 14 January 1976 on the implementation of the reform of agricultural structures in the Federal Republic of Germany in 1975, pursuant to Directives 72/159/EEC and 72/160/EEC and Title III of Directive 75/268/EEC

27 . 1 . 76                           Official Journal of the European Communities                            No L 18 /25
                                                 COMMISSION DECISION
                                                     of 14 January 1976
                on the implementation of the reform of agricultural structures in the Federal
                Republic of Germany in 1975 , pursuant to Directives 72/ 159/EEC and
                                   72/ 160 / EEC and Title III of Directive 75 /268 / EEC
                                              (Only the German text is authentic)
                                                         (76/ 122/ EEC)
 THE COMMISSION OF THE EUROPEAN                                     8 (4) of Directive 72/ 160/ EEC, the amended texts of
 COMMUNITIES,                                                       the following laws, regulations and administrative prov­
                                                                    isions adopted by the Lander, or confirmed their
                                                                    continuing validity for 1975 ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                    Schleswig-Holstein
 Having regard to Council Directive 72/ 159/EEC of 1 ?
 April 1972 on the modernization of farms ('), and in
 particular Article 18(3) thereof ;                                 — Directives of 26 April 1974 to encourage amalga­
                                                                        mations for the rational use of agricultural
                                                                        machinery (machinery syndicates),
 Having regard to Council Directive 75/268 / EEC of 28
 April 1975 on mountain and hill farming and farming                — Directives of 18 February 1974 and 19 April 1974
 in certain less-favoured areas (2), and in particular                  to encourage farmers to employ auxiliary farm
 Article 13 thereof,                                                    labour,
 Having regard to Council Directive 72/ 160/ EEC of 17              — Directives of 12 February 1975 to encourage the
 April 1972 concerning measures to encourage the                        construction of buildings for cattle and pig
 cessation of farming and the reallocation of utilized                  farming,
 agricultural area for the purpose of structural improve­
 ment (3), and in particular Article 9 (3) thereof,                 — Directives of 10 April 1975 to encourage the
                                                                        draining of individual farms .
 Whereas on 23 May 1975 the Government of the
 Federal Republic of Germany forwarded, pursuant to
Article 17 (4) of Directive 72/ 159/ EEC and Article 8              Lower Saxony
(4) of Directive 72/ 160/ EEC, the text of the following
 laws, regulations and administrative provisions :                  — Directives of 11 December 1974 on the granting
                                                                        of subsidies to machinery syndicates,
— principles for the encouragement of investment in
      individual farms and the settlement of rural areas,
                                                                    — Directives of 13 December 1972 to encourage the
      in the version of 11 April 1975,
                                                                        pooling of labour resources by farms,
— principles for the encouragement of investment in
      individual combined farm and forestry enterprises             — Directives on special measures relating to agricul­
      and in individual forestry enterprises, in the                    tural holdings in Lower Saxony (phased invest­
      version of 11 April 1975,                                         ment plan), in the version of 16 January 1975,
— principles regarding premiums to encourage the
      granting of long leases, dated 11 April 1975,                 — Directives of 24 April 1974 on measures to facili­
                                                                        tate cessation of farming.
— principles regarding adaptation grants to assist
      elderly agricultural workers of 11 April 1975 ;
                                                                    North Rhine-Westphalia
Whereas on 9 June 1975 the Government of the
Federal Republic of Germany also forwarded , pursuant               — Directives of 4 February 1975 to encourage the
to Article 17 (4) of Directive 72/ 159/ EEC and Article                 formation of machinery syndicates,
(') OJ No L 96, 23 . 4. 1972, p. 1 .
(-') OJ No L 128 , 19 . 5 . 1975, p. 1                              — Directives of 25 April 1973 to encourage auxiliary
(} ) OJ No L 96, 23 . 4. 1972, p. 9 .                                   farm labour,
 ---pagebreak--- No L 18 / 26                       Official Journal of the European Communities                                    27 . 1 . 76
— Directives of 25 June 1973 to encourage farmers            cial assistance for elderly farmers of 19 December
   to employ relief milkers,                                  1973), which governs inter alia the introduction of
                                                             the annuity mentioned in Article 2 ( 1 ) (a) of Directive
— Directives of 20 December 1974 concerning the              72/ 160/ EEC, were the subject of Commission Deci­
    Land's supplementary programme .                         sions         74/ 185/ EEC ('),       74/258/ EEC (2)        and
                                                             75/476/EEC (3) ;
Hesse
                                                             Whereas on 26 June 1975, the Government of the
                                                              Federal Republic of Germany also forwarded pursuant
— Directives of 8 March 1975 on the granting by the           to Article 13 of Directive 75/268 / EEC principles of 1 1
    Land of subsidies to land development associa­           April 1975 for the assistance of farms in upland
    tions,
                                                              regions and certain other less-favoured areas ;
— Directives of 21 December 1972 on the promotion            Whereas on 24 July 1975 it also forwarded the
    of joint land development schemes.                        following laws, regulations and administrative provi­
                                                              sions adopted by the Länder pursuant to Title III of
Rhineland-Palatinate                                          Directive 75/ 268 / EEC :
— Order of 18 April 1974 to promote the formation             Baden - Württemberg
    of machinery syndicates and the pooling of labour
    resources .
                                                              — Directives of 2 August 1 974 on aid for the creation
                                                                     and improvement of pasture on land which other­
                                                                     wise could no . longer be used,
Baden -Württemberg
                                                              — Directives of 21 May 1975 relating to the
— Directives of 10 July 1973 to encourage the joint                  programme of regional preservation .
    use of machinery through the ' formation of
    machinery syndicates,
                                                              Hesse
— Directives of 1 March 1973 on the use of Land
    funds for the provision of local female helpers and       — Directives by the Land of 8 March 1975 on invest­
    auxiliary farm labourers,                                        ment aid to individual holdings for the purpose of
                                                                     conservation of the countryside in holdings which
— Order of 19 April 1974 on additional measures                      would not qualify for aid.
    relating to the Land's regional programme for agri­
    culture .
                                                              Bavaria
Saarland                                                      — Directives concerning the Bavarian grassland and
                                                                     highland programme. Part B : assistance for               »
— Order of 5 June 1973 to promote cooperation                        pastureland and mountain pasture husbandry.
    between farms .
                                                              Whereas on 29 May 1975, the Government of the
                                                               Federal Republic of Germany also forwarded, pursuant
Bavaria                                                       to Article 2 of Commission Decision 74/ 185/ EEC of
                                                               13 March 1974 a report on the application of the prin­
— Order of 20 March 1973 laying down special                  ciples for the granting of investment aid in individual
    conditions for financial assistance under Article 6       combined farming and forestry undertakings and in
    (5) of the Law on the promotion of agriculture in          individual forestry undertakings ;
     Bavaria (machinery syndicates),
                                                              Whereas, under Article                  18(3)    of  Directive
— Order of 27 July 1972 laying down general condi­             72/ 159/ EEC and Article                9(3)    of  Directive
     tions relating to financial assistance for central        72/ 160/ EEC, the Commission must decide whether,
     services for local female helpers and auxiliary farm      having regard to the objectives of the Directive in
     labourers,                                                question and to the need for a proper connection
                                                               between the various measures, the laws, regulations
— Directives of 12 March 1973 on the encourage­                and administrative provisions forwarded comply with
     ment of village improvements ;                            the     Directive  and     with    Title    III  of Directive
                                                               75/268 / EEC and thus satisfy the conditions for finan­
Whereas the 1973 and 1974 versions of the abovemen­
                                                               cial contribution by the Community in 1975 also ;
tioned laws, regulations and administrative provisions
and the law on the gradual incorporation of old-age            ( 1 ) OJ No L 94, 4 . 4. 1974, p . 22.
pensions into financial assistance for farmers (Seventh        (2) OJ No L 141 , 24. 5 . 1974, p. 7 .
Amending Law pursuant to the Law concerning finan              (}) OJ No L 212, 9 . 8 . 1975, p . 13 .
 ---pagebreak--- 27. 1 . 76                        Official Journal of the European Communities                         NQ L 18 / 27
Whereas, subject to the reservations already set out in     HAS ADOPTED THIS DECISION :
Commission Decision 74/ 185/EEC relating to the                                     Article 1
principles for the granting of investment aid in indi­
vidual Combined farming and forestry undertakings           The abovementioned laws, regulations and administra­
and in individual forestry undertakings, the laws, regu­    tive provisions for the implementation in the Federal
lations and administrative provisions are consistent        Republic of Germany in respect of the year 1975 of
with the objectives of Directives 72/ 159/ EEC,             Directives 72/ 159 / EEC, 72/ 160/ EEC and Title III of
72/ 160/ EEC and 75/ 268 / EEC ;                            Directive 75/268 /EEC satisfy the conditions for finan­
                                                            cial contribution by the Community to common
Whereas the report from the Government of the               measures as referred to in Article     15 of Directive
Federal Republic of Germany referred to above               72/ 159/ EEC, Article 13 of Directive 75/ 268 / EEC and
showed that in 1974 and 1975 less than 0-5 % of all         Article 6 of Directive 72/ 160/ EEC .
aided farms received aid under the latter principles ;
consequently, that measure, which does not comply                                   Article 2
with the requirements of Article 14(2) of Directive         The Government of the Federal Republic bf Germany
72/ 159/EEC, has only very little practical signifi­        shall forward to the Commission at the latest on 31
cance ; whereas the achievement of the objectives of        March 1976, the report for 1975 referred to in Article
the Directive was therefore hardly at all affected by       2 of Commission Decision 74/ 185/ EEC of 13 March
that measure in 1973 and 1974 ;                              1974 .
Whereas the Community must remain in a position                                     Article 3
to ascertain that the measure does not acquire special      This Decision is addressed to the Federal Republic of
significance which might endanger the achievement           Germany.
of the objectives of the Directives ;
Whereas the EAGGF Committee has been consulted              Done at Brussels, 14 January 1976.
on the financial aspects ;                                                            For the Commission
Whereas the measures provided for in this Decision                                       P.J. LARDINOIS
are in accordance with the opinion of the Standing
Committee on Agricultural Structure,                                               Member of the Commission