CELEX: 31974D0258
Language: en
Date: 1974-04-18 00:00:00
Title: Commission Decision of 18 April 1974 on the reform of the agricultural structure in the Federal Republic of Germany, in implementation of Directive No 72/160/EEC

24. 5. 74                           Official Journal of the European Communities                            No L 141 /7
                                              COMMISSION DECISION
                                                    of 18 April 1974
               on the reform of the agricultural structure in the Federal Republic of Germany,
                                 in implementation of Directive Nd 72/ 160/EEC
                                           (Only the German text is authentic)
                                                      (74/258/EEC)
THE COMMISSION OF THE EUROPEAN                                 measures,- these draft provisions comply with the
COMMUNITIES,                                                   Directive and thus satisfy the conditions for financial
                                                               contribution by the Community ;
Having regard to the Treaty establishing the European
Economic Community ;                                           Whereas the objective of Directive No 72/ 160/EEC is
                                                               to make sufficient vacant land available for the forma­
Having       regard    to    Council      Directive    No      tion of farms of appropriate size and structure as
72/ 160/EEC (J ) of 17 April 1972 concerning measures          provided for in Article > 4 of Council Directive No
to encourage the cessation of farming and the realloca­        72/ 159/EEC (2) on the modernization of farms ;
tion of utilized agricultural area for the purposes of
structural improvement, and in particular Article 9 (3)        Whereas to achieve this objective Member States are
thereof ;                                                      consequently required :
Whereas on 5 February 1974 the Government of the               :— under Article 2(1 ) (a) of Directive No 72/ 160/EEC,
Federal Republic of Germany notified pursuant to                    to grant annuities to farmers aged between 55 and
Article 8(4) of Directive No 72/ 160/EEC the fol­                   65 practising farming as their main occupation
lowing :                                                            who cease farming ;
— Law of 19 December 1973 on the permanent                     — under Article 2(1 ) (b) of Directive No 72/ 160/EEC,
    review of benefits under the farmers' pension                   to grant farmers premiums, such premiums not to
    scheme (seventh amendment to the farmers'                       be eligible for assistance and to be calculated by
    pension scheme law) [Gesetz über die laufende           /       reference to the utilized agricultural area released ;
    Anpassung der Altersgelder in der Altershilfe für          — under Article 2(1 ) (c) of Directive No 72/ 160/EEC, .
    Landwirte (Siebentes Änderungsgesetz GAL)] ;                    to grant annuities to permanent hired or family i
                                                                    workers aged between 55 and 65 employed on
Whereas on 14 June 1973 arid 23 October 1973 the                    farms on which the farmer benefits from the
Government of the Federal Republic of Germany                       measures provided for under Article 2(1 ) (a) and (b)
further notified pursuant to Article 8(4) of Directive              of the Directive ;
No 72/ 160/EEC the following provisions :
— outline rules of 21 December 1972 for adaptation             Whereas the grant of such annuity or premium is
    grants to assist elderly agricultural workers              subject to the condition that the recipient cease
    [Grundsätze für die Forderung durch Anpassungs­            working in agriculture and that, where the recipient is
                                                               a farmer at least 85 % of his land be either sold or
    hilfen fur ältere landwirtschaftliche Arbeitnehmer
    vom 21 . Dezember 1972] ;                                  leased for a long period to farms which are under­
                                                               going modernization pursuant to Directive No
— outline rules of 20 April 1973 for premiums to               72/ 159/EEC, or that it be withdrawn permanently
    encourage the granting of long leases [Grundsätze           from agricultural use or sold or leased to a land
    für die Forderung der langfristigen Verpachtung            agency, which must put the land to one of the above­
    durch Prämien] ;                                            mentioned uses ;
— Directives of 30 July 1970 on special measures
     relating to agricultural holdings in Lower Saxony         Whereas Member States may, on the grounds of the
    — supplementary social welfare scheme [Richt­              age or means of the recipient, vary the amount of or
     linie für besondere Maßnahmen für landwirtschaft­          refuse to grant an annuity or premium ; whereas they
     liche Betriebe in Niedersachsen — sozialer                 may reduce the annuity granted to permanent hired
     Ergänzungsplan] ;                                          or family workers by the amount of any unemploy­
                                                                ment benefit received by the latter ;
Whereas Article 9(3) of Directive No 72/ 160/EEC
requires the Commission to determine whether,                  Whereas the annuity (Betriebsabgaberente) provided
having regard to the- objectives of the Directive and to        for in the Law forwarded by the Government of the
the need for a proper connection between the various            Federal Republic of Germany on the permanent
(') OJ No L 96, 23. 4. 1972, p. 9 .                            (2) OJ No L 96, 23 . 4. 1972, p. 1 .
 ---pagebreak---   Ho L 141 /8                       Official Journal of the European Communities                              24. 5 . 74
  review of benefits under the farmers pension scheme          HAS ADOPTED THIS DECISION :
  corresponds to the annuity provided for in Article 2(1 )-
  (a) of Directive No 72/ 160/EEC ;                                                   Article 1
  Whereas the premium provided for in the outline             The laws, regulations and administrative provisions for
  rules for premiums to encourage the granting of long         the implementation of Directive No 72/ 160/EEC,
  leases, forwarded by the Government of the Federal           notified by the Government of the Federal Republic
  Republic of Germany, and the measures provided for           of Germany on 5 February 1974, 19 June and 23
  in the Directives on special measures relating to agri­      October 1973 pursuant to Article 8(4) of Directive No
  cultural holdings in lower Saxony — supplementary            72/ 160/EEC, satisfy the conditions for financial contri­
  social welfare scheme — correspond to the premiums           bution by the Community to common measures
  provided for in Article 2(1 ) (b) of Directive No           within the meaning of Article 6 of Directive No
  72/ 160/EEC ;                                                72/ 160/ EEC.
  Whereas the arrangements provided for in the outline                                 Article 2
  rules for adaptation grants to assist elderly agricultural
                                                               Financial contribution by the Community shall be
  workers, forwarded by the Government of the Federal
                                                               confined to eligible expenditure arising in connection
  Republic of Germany, correspond to the annuity
                                                               with aids granted in pursuance of decisions taken after
  provided for in Article 2(1 ) (c) of Directive No             1 January 1974.
  72/ 160/ EEC ;
                                                                                       Article 3
  Whereas, by reason of the relationship between the
  measures provided for in Directive No 72/ 160/EEC            This Decision shall apply until 31 December 1974.
  and those provided for in Directive No 72/ 159/EEC, a
  Commission Decision pursuant to Article 9(3) of                                      Article 4
  Directive No 72/ 160/EEC may apply only for that
  period for which the Commission Decision pursuant            This Decision is addressed to the Federal Republic of
  to Article 18(3) of Directive No 72/ 159/EEC on the          Germany.
• measures for implementing that Directive is to apply ;
                                                               Done at Brussels, 18 April 1974.
  Whereas the EAGGF Committee has been consulted
  on the financial aspects ;                                                             For the Commission
  Whereas the measures provided for in this Decision                                         The President
  are in accordance with the Opinion of the Standing
  Committee on Agricultural Structure,                                                  Francois-Xavier ORTOLI