CELEX: 31976D0374
Language: en
Date: 1976-03-03 00:00:00
Title: Commission Decision of 3 March 1976 on the implementation of the reform of agricultural structures in the Federal Republic of Germany pursuant to Title II of Directive 75/268/EEC

15 . 4. 76                               Official Journal of the European Communities                           No L 102/21
                                                   COMMISSION DECISION
                                                         of 3 March 1976
               on the implementation of the reform of agricultural structures in the Federal Republic
                                    of Germany pursuant to Title II of Directive 75 /268/EEC
                                                 (Only the German text is authentic)
                                                           (76/374/EEC)
THE COMMISSION OF THE EUROPEAN                                      Hesse
COMMUNITIES ,
                                                                    Directives to encourage measures for preservation
                                                                    of the countryside by farms in the version of
                                                                    11 March 1975 , Section 3 (3 ): ' Incentives for keeping
Having regard to the Treaty establishing the                        breeding cows', Section 3 (4): 'Incentives for
European Economic Community,                                        keeping store cattle' and Section 3 (5 ): 'Incentives
                                                                    for sheep farming'.
Having regard to Council Directive 75/268/EEC of
28 April 1975 on mountain and hill farming and                       North-Rbine-Westphalia
farming, in certain less-favoured areas (*), and in
particular Article 13 thereof,                                      Order of 27 April 1973, in the version of 1975 ,
                                                                    Section 3 ( 1 ) ( 1 ): 'Premiums for keeping breeding
                                                                    cows '.
Having regard to Council Directive 72/ 159/EEC of
 17 April 1972 on the modernization of farms (2),
and in particular Article 18 (3 ) thereof,                          Whereas, under Article 18 (3 ) of Directive 72/ 159/
                                                                    EEC and Article 13 of Directive 75/268/EEC, the
Whereas on 26 June 1975 the Government of the                       Commission must decide whether, having regard to
Federal Republic of Germany forwarded, pursuant                     the objectives of Directive 75/268 /EEC and to the
to Article 13 of Directive 75/268/EEC, principles                   need for a proper connection between the various
for incentives to farms in mountain and hill areas                  measures , the laws, regulations and administrative
and in certain less-favoured areas promulgated on                   provisions communicated comply with this Directive
11 April 1975 ;                                                     and thus satisfy the conditions for financial
                                                                    contribution by the Community ;
Whereas, on 11 November and 18 December 1975 ,
the Government of the Federal Republic of Germany                   Whereas the essential objective of Directive
also forwarded, pursuant to Article 13 of Directive                 75 /268/EEC is to ensure the continuation of farming,
75 /268/EEC, the text of the following laws,                        in the mountain and hill areas and less-favoured
regulations and administrative provisions of the                    areas laid down by the Council, thereby maintaining
German Lander :                                                     a minimum population level or conserving the
                                                                    countryside ;
Bavaria
                                                                    Whereas Directive 75 /268/EEC thereof authorized
Directives on the Bavarian grassland and hill                       Member States to introduce a system of aids to
programme of 14 June 1975, Section 2 : 'Premiums                    encourage farming and to raise farm incomes in
for extensive cattle farming'.                                      these areas ;
Baden-Wiirtenberg                                                   Whereas this system may take the form of an
Order to encourage to agricultural measures for                     allowance to compensate farmers for permanent
conservation of cultivated areas ( subsidies to sheep               natural handicaps, if they undertake to pursue a
farms) of 8 July 1971 , in the version of                           farming activity in accordance with the aims of the
2 August 1973 .                                                     Directive for at least five years ; whereas in the case
                                                                    of cattle, sheep and goats this allowance is calculated
                                                                    in relation to livestock numbers and may not exceed
                                                                    50 units of account per livestock unit and 50 units
 H OJ No L 128, 19 . 5 . 1975 , p . 1 .                             of account per hectare under forage, but may not
 (2 ) OJ No L 96, 23 . 4 . 1972, p. 1 .                             be less than 15 units of account per livestock unit ;
 ---pagebreak--- No L 102/22                         Official Journal of the European Communities                                15 . 4 . 76
whereas in addition to the conditions in Articles 6            Whereas the measures provided for in this Decision
and 7 of the Directive, Member States may lay down             are in accordance with the opinion of the Standing
supplementary conditions or limitations on the                 Committee on Agricultural Structures,
granting of compensatory allowances ;
                                                               HAS ADOPTED THIS DECISION :
Whereas the measures provided for in the
abovementioned principles for incentives to farms
in mountain and hill areas and certain less-favoured                                    Article 1
areas, promulgated on 11 April 1975 , and in Section
2 of the abovementioned        directive  of   the  Land       The principles for incentives to farms in mountain
Bavaria, comply with the aim and conditions of                 and hill areas and in certain less-favoured areas
 Directive 75/268/EEC ;                                        promulgated on 11 April 1975 , as forwarded by the
                                                               Government of the Federal Republic of Germany,
Whereas the abovementioned measures of the Län­                and the measures provided for in Section 2 of the
 der Baden-Wiirtenberg, Hesse and North-Rhine­                 directives of Land Bavaria on the Bavarian grassland
Westphalia, which were introduced before the entry             and hill programme of 14 June 1975 also forwarded ,
into force of Directive 75 /268 /EEC, do not on the            comply with the conditions for financial contribution
 other hand comply with the conditions of the                  by the Community to the measures referred to in
                                                               Article 13 of Directive 75 /268 /EEC and Article 15
 Directive and must be repealed or amended within
                                                               of Directive 72/ 159 /EEC .
 one year from the entry into force of the Directive,
 pursuant to Article 5 , second paragraph, and
 Article 17 of the Directive ;                                                           Article 2
 Whereas however, these measures, which are in                 This    Decision    shall   cease    to   have effect     on
 addition to the compensatory allowances provided              28 April 1976, unless by when the measures of
 for in the principles for incentives to farms in               Länder Baden-Würtenberg, Hesse and North-Rhine­
 mountain and hill areas and certain less-favoured             Westphalia, which are referred to in the preamble,
 areas promulgated on 11 April 1975 and basically               have been amended, to comply with the conditions
 only apply in less-favoured areas in which the                 of Directive 75 /268/EEC, or repealed.
 compensatory allowance is not granted, are, when
 taken together, only of slight importance ; whereas
 therefore, despite the measures which are incompat­                                     Article 3
 ible with the Directive, a financial contribution by
 the Community to the cost of the principles for                This Decision is addressed to the Federal Republic
 incentives to farms in mountain and hill areas and in          of Germany.
 certain less-favoured areas promulgated on
 11 April 1975 , and to the abovementioned directives           Done at Brussels, 3 March 1976.
 of Land Bavaria, can be held to be justified even
 during the transitional period allowed by Article 17 ;                                        For the Commission
                                                                                                 P. J. LARDINOIS
 Whereas the EAGGF Committee has been consulted
  on the financial aspects ;                                                              Member of the Commission