CELEX: 31975D0476
Language: en
Date: 1975-07-08 00:00:00
Title: Commission Decision of 8 July 1975 on the reform of agricultural structures in the Federal Republic of Germany in 1974, in implementation of Directives No 72/159/ EEC and No 72/160/EEC

9 . 8.75                               Official Journal of the European Communities                        No L 212/ 13
                                                 COMMISSION DECISION
                                                        of 8 July 1975
                on the reform of agricultural structures in the Federal Republic of Germany in 1974,
                       in implementation of Directives No 72/159/EEC and No 72/160/EEC
                                              (Only the German text is authentic)
                                                         (75/476/EEC)
THE COMMISSION OF THE EUROPEAN                                    regulations and administrative provisions adopted by
COMMUNITIES,                                                      the Lander, or confirmed their continued validity for
                                                                  1974 :
Having regard to the Treaty establishing the
European Economic Community ;
Having regard to Council Directive No 72/ 159/                    Scbleswig-Holstein
EEC (*) of 17 April 1972 on the modernization of
farms, and in particular Article 18 (3 ) thereof;                 — directives of 8 August 1973 to encourage the
                                                                      formation of associations for the rational use of
Having regard to Council Directive No 75/268 /                        agricultural machinery (machinery syndicates ),
EEC (2) of 28 April 1975 on mountain and hill
farming and farming in certain less-favoured areas,               — directives of 18 February 1974 to encourage
and in particular Article 13 thereof;                                 farmers to employ agricultural labourers,
Having regard to Council Directive No 72/ 160/                    — directives of 25 February 1974 to encourage the
EEC (3) of 17 April 1972 concerning measures to                       enlargement of holdings through the renting of
encourage the cessation of farming and the                            land,
reallocation of utilized agricultural area for the
purposes of structural improvement, and in                        — directives of 25 February 1974 to encourage the
particular Article 9 (3 ) thereof;                                    construction of buildings for cattle and pig
                                                                      farming,
Whereas, on 22 March and 21 November 1974, the                    — directives of 25 February 1974 to encourage the
Government of the Federal Republic of Germany                         draining of individual farms .
forwarded, pursuant to Article 17 (4) of Directive
No 72/ 159/EEC, the texts of the following laws,
regulations and administrative provisions :
— outline rules for the encouragement of investment               Lower Saxony
      in individual farms and the settlement of rural
      areas, as amended on 17 December 1973 and in                — directives of 2 May 1972 on the granting of
      November 1974,                                                  subsidies to machinery syndicates,
— outline rules for the encouragement of investment               — directives of 13 December 1972 to encourage the
      in individual combined farm and forestry                        pooling of labour resources by farms,
      undertakings and in individual forestry under­
      takings, as amended on 17 December 1973 ;                   — directives on special measures relating to
                                                                      agricultural holdings in Lower Saxony (phased
                                                                      investment plan), as amended on 29 August 1973 .
Whereas on 16 September 1974 the Government of
the Federal Republic of Germany also forwarded,
pursuant to Article 17 (4) of Directive No 72/ 159/
EEC, the amended texts of the following laws,
                                                                  North Rhine-Westphalia
( x ) OJ No L 96, 23 . 4. 1972, p. 1 .
(2) OJ No L 128 , 19. 5. 1975, p. 1 .                             — directives of 10 May 1974 to encourage the
(3) OJ No L 96, 23 . 4. 1972, p. 9.                                   formation of machinery syndicates,
 ---pagebreak--- No L 212/ 14                       Official Journal of the European Communities                               9 . 8 . 75
— directives of 25 April 1973 to encourage farmers           Whereas on 22 March 1974 the Government of the
   to employ agricultural labourers,                         Federal Republic of Germany also forwarded,
                                                             pursuant to Article 8 (4) of Directive No 72/160/
— directives of 25 June 1973 to encourage farmers            EEC, the texts of the following laws, regulations and
   to employ relief milkers.                                 administrative provisions :
                                                             — outline rules for premiums to encourage the
                                                                    granting of long leases, as amended on 17
Hesse                                                               December 1973 ,
— directives of 21 December 1972 on the granting             — outline rules for adaptation grants to assist
   by the Land of subsidies to land development                     elderly agricultural workers, as amended on 17
   associations,                                                    December 1973 ;
— directives of 21 December 1972 on the promotion            Whereas the 1973 versions of all the abovementioned
   of joint land development schemes.                        laws, regulations and administrative provisions and
                                                             the law on the gradual incorporation of old-age
                                                             pensions into financial assistance for farmers
                                                             (seventh amending law pursuant to the law
Rhineland-Palatinate                                         concerning financial assistance for elderly farmers of
                                                             19 December 1973 ), which governs, inter alia, the
— order of 12 February 1973 to promote the                   introduction of the annuity mentioned in Article 2
   formation of machinery syndicates and the                  ( 1 ) (a) of Directive No 72/ 160/EEC, were the subject
   pooling of labour resources.                              of Commission Decisions No 74/ 185/EEC (*) of 13
                                                             March 1974 and No 74/258/EEC (2) of 18 April
Baden-Wiirttemberg                                            1974;
— directives of 10 July 1973 to encourage the joint          Whereas on 17 October and 6 December 1974, the
   use of machinery through the formation of                 Government of the Federal Republic of Germany
   machinery syndicates,                                      also forwarded :
— directives of 1 March 1973 on the provision out            — outline rules of 23 September 1974 on aid to
   of Land funds of local female help and of farm                   mountain and hill farms and farms in certain
   labourers,                                                       other less-favoured areas,
— order of 19 April 1974 on additional measures              — the programme of Land Baden-Wiirttemberg,
   relating to the Land's regional programme for                    dated 1 October 1974, for the regional
   agriculture.                                                     maintenance and development of farms —
                                                                    encouragement of economic investment;
                                                             Whereas, under Article 18 (3 ) of Directive No 72/
                                                              159/EEC and Article 9 (3 ) of Directive No 72/ 160/
Saarland
                                                             EEC, the Commission must decide whether, having
                                                              regard to the objectives of the Directive in question
— order of 5 June 1973 to promote cooperation                 and to the need for a proper connection between the
    between farms .
                                                              various measures, the laws, regulations and
                                                              administrative provisions forwarded comply with the
                                                              Directive and thus satisfy the conditions for financial
                                                              contribution by the Community in 1974 also ;
Bavarta
                                                              Whereas in the abovementioned outline rules for the
— order of 20 March 1973 laying down special                  encouragement of investment in individual farms and
    conditions for financial assistance under Article 6       the settlement of rural areas the earned income
    (5) of the law on the promotion of agriculture in         comparable to that received for non-agricultural
    Bavaria (machinery syndicates),                           work was, pursuant to Article 4 of Directive No 72/
                                                              159/EEC, fixed at an average over the Federal
— order of 27 July 1972 laying down general                   Republic of Germany of DM 18 800 for 1974;
    conditions relating to financial assistance for           whereas this is considerably lower than the actual
    central services for local female help and farm           comparable income from non-agricultural work for
    labourers,                                                1974, as calculated on the basis of the actual
— directives of 12 March       1973    on the encour­          H OJ No L 94, 4. 4. 1974, p. 22.
    agement of village improvements;                           (2) OJ No L 141, 24. 5. 1974, p. 7.
 ---pagebreak--- 9 . 8 . 75                        Official Journal of the European Communities                       No L 212/15
nominal rise in the incomes of non-agricultural             Whereas the provisions of this Decision are in
workers since 1970 :                                        accordance with the Opinion of the Standing
                                                            Committee on Agricultural Structure,
Whereas, however, it is recognized that any belated
raising of that level of earned income to the level to      HAS ADOPTED THIS DECISION:
be established of actual comparable income from
non-agricultural work would be fraught with                                        Article 1
considerable     administrative  difficulties and   for
practical reasons could not therefore be carried out;       The abovementioned laws, regulations and
                                                            administrative provisions for the implementation in
                                                            the Federal Republic of Germany in respect of the
Whereas, since the earned income fixed for 1975             year 1974 of Directives No 72/ 159/EEC, No 72/160/
pursuant to Article 4 of the said Directive                 EEC and No 75/268/EEC satisfy the conditions for
corresponds to actual comparable income from                financial contribution by the Community to common
non-agricultural work as established (1 ), it may           measures as referred to in Article 15 of Directive No
reasonably be claimed that the fixing of too low an         72/ 159/EEC and in Article 6 of Directive No 72/ 160/
earned income for a period of one year is without           EEC.
lasting prejudice to the aim of Directive No 72/159/
EEC;
                                                                                   Article 2
Whereas, subject to the reservations set out in the         This Decision is addressed to the Federal Republic of
Commission Decisions of 13 March and 18 April               Germany.
1974, the abovementioned laws, regulations and
administrative provisions otherwise continue to be
consistent with the aims of Directives No 72/ 159/          Done at Brussels, 8 July 1975.
EEC, No 72/ 160/EEC and No 75/268/EEC;
                                                                                     For the Commission
                                                                                       P.J. LARDINOIS
Whereas the EAGGF Committee has been consulted
on the financial aspects ;                                                       Member of the Commission
(1) Opinion of the Commission, pursuant to Article 17
     of Directive No 72/159/EEC of 20 December 1974
     (COM(74) 2205).