CELEX: 31973R1821
Language: en
Date: 1973-07-05 00:00:00
Title: Regulation (EEC) No 1821/73 of the Commission of 5 July 1973 laying down detailed rules for the application of the premium system for the conversion of dairy herds to meat production and of development premium for the specialized raising of cattle for meat production

No L 184/24                           Official Journal of the European Communities                               6. 7. 73
                           REGULATION (EEC) No 1821/73 OF THE COMMISSION
                                                       of 5 July 1973
               laying down detailed rules for the application of the premium system for the
               conversion of dairy herds to meat production and of development premium for
                               the specialized raising of cattle for meat production
THE COMMISSION OF THE EUROPEAN                                   undertaking is not fulfilled throughout the four-year
COMMUNITIES,                                                     period ;
Having regard to the Treaty establishing the European
Economic Community ;                                             Whereas the date should be fixed by which certain
                                                                 regions may be excluded from the scope of the
                                                                 premium system for conversion to meat production
Having regard to Council Regulation (EEC) No                     and by which the development premium system for
805/68 (^ of 27 June 1968 on the common organiza­                the specialized raising of cattle for meat production
tion of the market in beef and veal, as last amended             may be applied ;
by Regulation (EEC) No 187/73 (2);
Having regard to Council Regulation (EEC) No                     Whereas provision should be made to ensure that
1 353/73 (3) of 1 5 May 1 973 introducing a premium              each cow and in-calf heifer of a beef breed kept over
                                                                 and above the number of such cows and heifers
system for the conversion of dairy herds to meat                 recorded on the reference date referred to in Article 6
production and a development premium for the
specialized raising of cattle for meat production, and           (2) (a) of Regulation (EEC) No 1353/73, and in respect
                                                                 of which the premium of 240 units of account is
in particular Article 1 3 thereof ;
                                                                 payable, is kept on the recipients holding for a period
                                                                 of four years ; whereas to this end it should be laid
Whereas detailed rules for the application of the said           down that the premium be paid in three instalments
premium system should be laid down ;                             following the ascertainment of the presence of the
                                                                 animal concerned on the holding in question ;
Whereas the date from which applications for
premiums may be submitted should be laid down ;                  Whereas for reasons beyond his control the recipient
whereas such applications should include certain infor­
mation ;
                                                                 of a premium may find himself in a situation which
                                                                 subsequently prevents him from meeting his obliga­
                                                                 tions on the Community level, the concept of a force
Whereas if the system is to achieve the desired effect            majeure has been determined in accordance with the
 it is essential that the accuracy of this information be         judgements of the Court of Justice of the European
verified ;                                                        Communities in the cases 4/68 (4) and 1 1 /70 (5) ; in
                                                                  order to avoid such cases where the refusal or the
                                                                  recovery of the premiums has fair effects on the profi­
Whereas provision should be made to ensure that the               tability of the recipient's holding, special measures
 reference date to be established by each Member State            should be taken in which case the effect is either to
 pursuant to Article 2 ( 1 ) of Regulation (EEC) No               release the recipient from his obligations without any
 1353/73 falls within the period 1 July 1972 to 30                action being taken to recover the sums paid, or to
 June 1973, and that the date referred to in Article 6            suspend his obligations for a specified period ;
 (2) (a) of that Regulation falls within the period 1
 October 1972 to 30 September 1973 ;
                                                                  Whereas in certain cases there should be a recovery or
 Whereas the premium for conversion to meat produc­               a refusal of the payment of these premiums, when the
 tion may achieve the desired effect if paid in three             recipient, in accordance with the Council Directive of
 instalments, payment being subject to the condition               17 April 1972 (6) concerning measures to encourage
 that the recipient can show that the number of units             the cessation of forming and the reallocation of the
 of adult bovine animals kept by him is equal to or               utilized agricultural area for the purposes of structural
 greater than the number kept by him on the same                  improvement ;
 holding on the reference date, and that he has
 fulfilled his undertaking to give up entirely the
 production of milk or milk products for supply to                Whereas the measures provided for in this Regulation
 other persons ; whereas the Member States should be               are in accordance with the Opinion of the Mange­
 required to take steps to recover the premium if the              ment Committee for beef and veal ;
 (!) OJ No L 148, 28 . 6. 1968, p. 24.                            (4) Recueil 1968, 549.
 (2) OJ No L 25, 30 . 1 . 1973, p . 23.                           0 Recueil 1970, 1125.
 (3) OJ No L 141 , 28. 5. 1973, p. 18.                            (*) OJ No L 96, 23. 4. 1972, p. 9 .
 ---pagebreak--- 6. 7. 73                              Official Journal of the European Communities                           No L 184/25
HAS ADOPTED THIS REGULATION :                                    (EEC) No 1353/73, but such payments shall be condi­
                                                                 tional upon it having been first ascertained that the
                           TITLE I                               undertaking provided for in the said Article 3 has
                                                                 been complied with.
Premium for the conversion of dairy herds to
                       meat production                           The dates for payment shall be as follows :
                                                                 (a) the first part between the 13th and 15th month
                          Article 1                                    from the date on which the application was
                                                                       approved ;
Applications for premiums shall be lodged on or after
1 October 1973 with the competent authority                      (b) the second part between the 37th and the 39th
appointed by the Member State concerned.                               month from the date on which the application
                                                                       was approved.
Applications shall include in respect of each producer
concerned the following :                                                                  Article 4
(a) particulars of the number and age of cattle and               In any case where the recipient of a premium fails to
      sheep of the domestic, bovine and ovine species             prove to the satisfaction of the competent authority
      kept on the holding on the reference date referred          that he has complied with the conditions laid down in
      to in Article 2 (2) (a), with separate figures for the      Article 3 of Regulation (EEC) No 1353/73, the
      number of dairy cows ;                                      Member State concerned shall take steps to recover all
(b) particulars of the quantities of milk and milk                sums already paid in respect of that premium .
      products supplied to other persons during the
      twelve months preceding the said reference date                                      Article 5
      together with the names of those persons here
      practicable ;                                               1.      Member States shall, by not later than the end of
                                                                  each month, inform the Commission of the number
 (c) a declaration by the producer stating that he is
      aware of the terms of this Regulation, and of the           of applications approved by the competent authorities
      terms of the relevant implementing measures                 during the previous month. They shall include particu­
      adopted in the Member State concerned.                      lars of the quantities of milk and milk products
                                                                  referred to in Article 1 (b) and shall indicate separately
                           Article 2
                                                                  the number of applications submitted through a
                                                                  producers' association.
  1.     Following receipt of the application the compe­          2. Particulars of applications supplied pursuant to
 tent authority shall take steps to verify the particulars        paragraph 1 shall be broken down according to the
 supplied pursuant to Article 1 (a) and (b).                       number of dairy cows kept on the holdings
  2. If it allows the application, the competent                   concerned, and in each case the number of units of
  authority :                                                      adult bovine animals kept shall be indicated.
 (a) shall determine the number of litres of milk, or of                                    Article 6
       milk products expressed in milk equivalent,
       supplied to other persons by the producer                   1 . Member States shall, before 1 September 1973,
       concerned during the twelve months preceding a              provide the Commission with a list of the regions for
       reference date falling within the period 1 July             which they seek authorization under Article 5 of Regu­
       1972 to 30 June 1973 to be fixed by each Member             lation (EEC) No 1353/73 not to implement Articles 1
       State ; this number must be in reasonable propor­           to 4 of that Regulation.
       tion with the number of dairy cows referred to in
       Article 1 (a) ;                                             2.      Before 1 October 1973 the Commission, acting
                                                                   under the procedure laid down in Article 27 of Regula­
  (b) shall register the written undertaking required              tion (EEC) No 805/68 , shall ascertain whether the
       under Article 3 ( 1 ) of Regulation (EEC) No                condition defined in Article 5 of Regulation (EEC) No
       1353/73 ;
                                                                    1353/73 is in fact satisfied, and shall specify the
  (c) may inform those undertakings which collect milk             regions in respect of which the Member States are
       or milk products in the area where the applicant's          authorized not to implement Articles 1 to 4 of Regula­
       holding is situated of the names of producers               tion (EEC) No 1353/73 .
       whose applications have been approved and of any
       subsequent changes.
                                                                                            TITLE II
                            Article 3                               Premium for the development of specialized
                                                                            raising of cattle for meat production
  The premium referred to in Article 4 of Regulation
  (EEC) No 1353/73 shall be paid in three instalments.                                      Article 7
  A first instalment equal to half the premium shall be
   paid within six months at the latest following the date          1 . Articles 8 to 13 below shall apply in those of the
   on which the application referred to in Article 1 is             regions referred to in Article 6 in which Member
   approved.                                                        States intend pursuant to Article 6 of Regulation
                                                                    (EEC) No 1353/73 to grant development premiums
   The balance shall be paid in two equal parts during              for the specialized raising of cattle for meat produc­
   the period referred to in Article 3 ( 1 ) (a) of Regulation      tion .
 ---pagebreak--- No L 184/26                        Official Journal of the European Communities                                6. 7. 73
2. Member States shall, before 1 September 1973,             (b) the second part between the 37th and the 39th
provide the Commission with a list of the regions in               month after the date mentioned.
which they intend to grant such premiums.
3 . Before 1 October 1973 the Commission, acting                                       Article 12
under the procedure laid down in Article 27 of Regula­
tion (EEC) No 805/68, shall specify the regions in            In any case where the recipient of a premium fails to
respect of which the Member States shall be autho­            prove to the satisfaction of the competent authority
rized to implement Article 6 of Regulation (EEC) No           that he has complied with the obligations laid down
1353/73 .                                                     in Article (6) (3) of Regulation (EEC) No 1353/73, the
                                                             Member State concerned shall take steps to recover all
                                                              sums already paid in respect of that premium.
                         Article 8
Applications for premiums shall be lodged on or after                                  Article 13
1 October 1973 with the competent authority
appointed by the Member State concerned.                      1 . Each Member State shall, by not later than the
                                                              end of each month, provide the Commission with
Applications shall include in respect of each producer        particulars of :
concerned the following :
                                                              (a) the number of applications approved by the
(a) particulars of the number of cows and in-calf                  competent authority during the previous month,
    heifers of beef breeds, as defined in Article 15 (c)           indicating separately those submitted through a
    and (d), kept on the holding on a reference date               producers' association ;
    falling within the period 1 October 1972 to 30
    September 1973 to be fixed by each Member                 (b) the number of cows and in-calf heifers of beef
    State ;                                                        breeds in respect of which premiums were granted
                                                                   during the previous month.
(b) a declaration by the producer stating that he is
    aware of the terms of this Regulation and of the          2. Th6 particulars required under paragraph 1 (a)
     terms of the relevant implementing measures              shall be broken down according to the number of
     adopted in the Member State concerned.                   cows and in-calf heifers of beef breeds kept on the
                                                              holdings concerned, and in each case the number of
                         Article 9                            cows and in-calf heifers of beef breeds in respect of
                                                              which premiums have been granted shall be indicated.
Following receipt of the application the competent
authority shall take steps to verify the particulars
supplied pursuant to Article 8 (a).                                                    TITLE III
                        Article 10                                               General provisions
If it allows the application, the competent authority
shall :                                                                                Article 14
(a) register the written undertaking required under            1 . Member States shall, before 1 January 1974,
    Article 6 (3) of Regulation (EEC) No 1 353/73 ;           notifiy to the Commission any measures taken by
(b) determine, on the basis of counts carried out at          them in implementation of Article 9 of Regulation
     least once a year, the number of cows and in-calf        (EEC) No 1353/73.
     heifers of beef breeds present on the holding
     during the current year to which the undertaking         2. The communications required under the first
     given by the applicant relates.                          paragraph of Article 12 of Regulation (EEC) No
                                                               1353/73 shall be sent to the Commission before 1
                                                              September 1973 .
                        Article 11
The premium referred to in Article 7 of Regulation                                     Article 15
(EEC) No 1353/73 shall be paid in three instalments.
                                                              In Regulation (EEC) No 1353/73 :
 In respect of each cow or in-calf heifer kept each year
on his holding over and above the number kept at the          (a) 'dairy cow means a female animal of the domestic
reference date a successful applicant shall be entitled            bovine species being an animal suitable for the
to an instalment equal to 120 units of account which               production of milk for marketing purposes and
shall be paid not more than six months at the latest               having at the reference date referred to in Article 2
after the date on which the presence of the animal in              (2) (a) calved at least once ;
question is ascertained.                                      (b) 'unit of adult bovine animals' means a unit of live­
                                                                   stock corresponding to an animal of the domestic
The balance shall be paid in two parts each equal to
 60 units of account :                                             bovine species aged at least twelve months,
                                                                   excluding females which have not yet calved and
(a) the first part between the 13th and the 15th                   are normally intended for commercial milk
     month after the date mentioned,                               production ;
 ---pagebreak--- 6. 7. 73                               Official Journal of the European Communities                           No L 184/27
(c) 'cow of a beef breed means a female animal of the                                        Article 18
     domestic bovine species having calved at least
     once and either belonging to one of the breeds               1 . The following circumstances inter alia may be
      having been recognized as fit for meat production           treated by the competent authority as being beyond
      by the competent authority of the Member State              the control of the recipient concerned and accord­
      concerned ;                                                 ingly as cases in which no action need be taken for
                                                                  the recovery of sums already paid in respect of
(d) 'in-calf heifer of a beef breed' means a female               premiums :
      animal belonging to one of the breeds having
      been recognized as fit for meat production by the           (a) death of the recipient ;
      competent authority of the Member State                     (b) an extended period of disability on the part of the
      concerned and in respect of which the successful            recipient such as to prevent him from carrying on his
      applicant can establish to the satisfaction of the          occupation ;
      competent authority concerned that calving took             (c) compulsory purchase of 50 % or more of the
      place during the six months following the date on                 utilized agricultral area of the holding farmed by
      which the animal was taken into consideration for
                                                                        the recipient, provided that such compulsory
      the purposes of the rights and obligations arising                purchase was not foreseeable at the date when the
      under this Regulation.                                            undertaking was given.
                            Article 16                             2. The competent authority may for the purposes
                                                                   of Articles 3 ( 1 ) (b) and (2) and 6 (3) of Regulation
 1 . For the purpose of calculating numbers of units               (EEC) No 1353/73 treat the following circumstances
 of adult bovine animals the following conversion                  inter alia as being beyond the control of the recipient
 factors shall apply :                                             concerned and may in such cases accordingly suspend
 (a) cattle less than six months old : 0 ;                         for up to two years the obligations on such recipient
 (b) cattle over six months but less than twelve months            under those provisions :
       old : 0-5 ;                                                 (a) serious flooding affecting the land normally used
 (c) female sheep more than twelve months old : 0-15.                   by the recipient for cattle raising purposes ;
                                                                   (b) accidental destruction of buildings belonging to
 2. For the purpose of calculating quantities of milk                   the recipient normally used by him for cattle
 supplied to other persons the following conversion                      raising purposes ;
 factors shall apply in respect of milk products :
                                                                   (c) an outbreak of epizootic disease affecting all or
 (a) 1 kg of milk equals 1 litre of milk ;                               part of the recipient's herd.
 (b) 1 kg of butter equals 23 litres of milk ;
                                                                    3.     Member States shall inform the Commission of
 (c) 1 kg of cheese equals 10 litres of milk ;                      all cases in which they apply the provisions of para­
  (d) 1 kg of cream with a 35 % fat content equals 8               graphs 1 and 2 of this Article.
       litres of milk.
                                                                    4.     When a beneficiary ceases farming in accor­
                            Article 1 7                             dance with the Council Directive 72/ 160/EEC of 17
                                                                    April 1972, measures will be taken to recover the
  In any case where a person having taken over a                    amounts of the premiums which were paid in the
  holding and having, as provided for in Article 11 of              nine months preceding the request for the cessation
  Regulation (EEC) No 1353/73, given an undertaking                 of farming.
  to the competent authority to continue to fulfil the
  obligations entered into by his predecessor fails to esta­                                   Article 19
  blish to the satisfaction of that authority that he has
  fulfilled those obligations, the Member State                     This Regulation shall enter into force on the day
  concerned shall take steps to recover from that person            following its publication in the Official Journal of
   the sums already paid to his predecessor.                         the European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 5 July 1973 .
                                                                                For the Commission
                                                                                    The President
                                                                               Francois-Xavier ORTOLI