CELEX: 31990R1187
Language: en
Date: 1990-05-07 00:00:00
Title: Council Regulation (EEC) No 1187/90 of 7 May 1990 amending Regulation (EEC) No 1357/80 introducing a system of premiums for maintaining suckler cows

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31990R1187

Council Regulation (EEC) No 1187/90 of 7 May 1990 amending Regulation (EEC) No 1357/80 introducing a system of premiums for maintaining suckler cows  

Official Journal L 119 , 11/05/1990 P. 0034 - 0035

COUNCIL REGULATION  (EEC) N° 1187/90of 7 May 1990amending Regulation (EEC) N° 1357/80 introducing a system of  premiums for maintaining suckler cowsTHE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, pursuant to Article 2 of Regulation (EEC) No 1357/80 (4), as last amended by Regulation  (EEC) No 573/89 (5), eligibility for the premium for maintaining suckler cows excludes any milk  production other than for sale on the farm; Whereas such dual activity is necessary for small producers keeping a dairy herd and a suckler herd  on their holdings to obtain sufficient income; whereas they should accordingly qualify under the  premium arrangements, while limiting the number of eligible cows; Whereas the presence of two different herds on the same holding is likely to make checks on  eligible cows more difficult; whereas, in order to facilitate such checks, provision should be made  for suckler cows to bear a separate form of identification; whereas, in addition, provision should  be made for additional detailed rules on controls to be adopted in accordance with the procedure  laid down in Article 27 of Council Regulation (EEC) N° 805/68 of 27 June 1968 on the common  organization of the market in beef and veal (6), as last amended by Regulation (EEC) N° 571/89  (7), HAS ADOPTED THIS REGULATION: Article 1Regulation (EEC) N° 1357/80 is hereby amended as follows: 1.  The following subparagraph is added to Article 1: 'According to the procedure provided for in Article 27 of Regulation (EEC) N° 805/68, Member States  may, for administrative reasons, be authorized to provide that applications relate to a  minimum number of suckler cows.`2.  In the first subparagraph of Article 2 (2), 'for which the  premium was granted` is replaced by 'for which the premium was requested`. 3.  The following Article is inserted: 'Article 2a1.  By way of derogation from Article 2, milk producers whose actual available  individual reference quantity as referred to in Article 5c of Regulation (EEC) No 804/68 (*), less  quantities withdrawn pursuant to Regulation (EEC) N° 775/87 (**), is less than, or equal to, 60 000  kilograms for the 12-month period during which the premium application is lodged may qualify for  the premium for their suckler herds. In this case, the premium shall be limited to 10 animals per  application and per holding. Checks to ascertain whether cows belong to a suckler herd or to a dairy herd shall be carried out,  in particular, on the basis of the reference quantity of the producer qualifying referred to above  and of an average milk yield to be determined according to the procedure provided for in Article  6. 2. In these cases, the premium shall be granted subject to an undertaking by recipients to keep on  their holdings for a minimum of six months from the day on which the application is lodged a number  of suckler cows or replacement in-calf heifers at least equal to that for which the premium has  been requested. In addition, animals which are the subject of an application for a premium on the  basis of this Article must bear a separate identification which must be recorded in a special  register kept by the farmer and on the premium application. *(*) OJ N° L 148, 28. 6. 1968, p. 13. (**) OJ N° L 78, 20. 3. 1987, p. 5.`4.  In Article 5 (4), 'referred to in Article 2 (2)` is  replaced by 'referred to in Articles 2 (2) and 2a (2)`. 5.  In Article 5 (4), 'the holder of which delivers neither milk nor milk products` in the first  subparagraph and 'the holder of which delivers neither milk nor milk products` in the third  subparagraph are deleted. 6.  Article 6 is replaced by the folowing: 'Article 6The following in particular shall be laid down in accordance with the procedure provided  for in Article 27 of Regulation (EEC) No 805/68: (a)  the time limits for lodging applications for the premium; (b)the provisions for payment of premiums; (c)the average milk yield referred to in Article 2a (1); (d)the detailed rules for checking the number of suckler cows declared and observance of the  undertaking referred to in Articles 2 and 2a; (e)the additional detailed rules for checking the application of the provisions of Article 2a; (f)the exceptional circumstances under which the undertaking referred to in Articles 2 and 2a may  be waived; (g)the other detailed rules for the application of this Regulation.`Article 2This Regulation  shall enter into force on the third day following that of its publication in the Official Journal  of the European Communities. It shall apply to applications lodged from 15 June 1990. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 7 May 1990. For the CouncilThe PresidentG. COLLINS(1) OJ N° C 49, 28. 2. 1990, p.  56. (2) OJ N° C 96, 17. 4. 1990. (3) OJ N° C 112, 7. 5. 1990, p. 34. (4) OJ N° L 140, 5. 6. 1980, p. 1. (5) OJ N° L 63, 7. 3. 1989, p. 3. (6) OJ N° L 148, 28. 6. 1968, p. 24. (7) OJ N° L 61, 4. 3. 1989, p. 43.