CELEX: 31974R2790
Language: en
Date: 1974-10-31 00:00:00
Title: Regulation (EEC) No 2790/74 of the Commission of 31 October 1974 laying down detailed rules for the application of the system of premiums for the retention of cattle

5 . 11 . 74                           Official Journal of the European Communities                           No L 297/ 19
                           REGULATION (EEC) No 2790/74 OF THE COMMISSION
                                                    of 31 October 1974
              laying down detailed rules for the application of the system of premiums for the
                                                    retention of cattle
THE COMMISSION OF THE EUROPEAN                                   defined the terms 'producer , 'producers' association'
COMMUNITIES,                                                     and 'holding' and laid down certain conditions for the
                                                                 grant of premiums to producers belonging to a
Having regard to the Treaty establishing the European            producers' association and to persons taking over a
Economic Community ;                                             holding ; whereas those provisions should be incorpor­
 Having regard to Council Regulation (EEC) No                    ated in this Regulation ;
805/68 (') of 27 June 1968 on the common organiza­               Whereas it may happen that by reason of force
tion of the market in beef and veal, as last amended
                                                                 majeure the receipt of a premium is unable to fulfil
by Regulation (EEC) No 1 855/74 (2), and in particular           his obligations ; whereas a Community definition of
Articles 22a (3) and 25 thereof ;                               force majeure is provided by the judgments of the
Whereas Council Regulation (EEC) No 2502/74 (3) of               Court of Justice of the European Communities in
2 October 1974 introduced a system of premiums for               Cases 4/68 (6), 1 1 /70 (7) and 158/73 (8) whereas, lest in
the retention of cattle which may in certain circum­             such cases the economic consequences for a recipi­
stances be granted in place of the premiums provided             ent's holding of the refusal or the recovery of a
for in Council Regulation (EEC) No 1967/74 (4) of 23             premium be unduly severe, provision should be made
July 1974 introducing a system of premiums for the               for special measures which, as appropriate, would
orderly marketing of certain adult bovine animals for            either release the recipient from his obligations
slaughter ;                                                      without requiring him to repay amounts already
                                                                 received or would grant him a period of grace during
Whereas detailed rules should be adopted for the                whiGh his obligations would be suspended ;
application of the system of premiums for the reten­
tion of cattle ;                                                Whereas in certain circumstances premiums should
                                                                 be recovered from or refused to persons who have
Whereas, in particular, the date from which applica­             taken advantage of the possibilities afforded by the
tions for premiums may be submitted should be laid               Council Directive of 17 April 1 972 (9) concerning
down, whereas certain particulars should be given in             measures to encourage the cessation of farming and
the applications ;                                               the reallocation of utilized agricultural area for the
                                                                 purposes of structural improvement ;
Whereas if the system is to function properly, it is
essential that the accuracy of the particulars given be          Whereas the measures provided for in this Regulation
verified ;                                                       are in accordance with the Opinion of the Manage­
                                                                 ment Committee for Beef and Veal ,
Whereas the system can operate effectively by means
of an arrangement for the payment of the premium in
two instalments, provided that the recipient is                  HAS ADOPTED THIS REGULATION :
required to prove that he has complied with the under­
taking provided for in Article 3 (3) of Regulation
(EEC) No 2502/74 should enable the system to                                                Article I
achieve its objective ;
                                                                 Member States shall before 15 November 1974 supply
Whereas Member States must recover any premium                   the Commission with a list of the regions in which
paid out if the undertaking provided for in that                 they intend to grant premiums for the retention of
Article is not complied with over the period specified           cattle as provided in Regulation (EEC) No 2502/74.
therein ;
Whereas Articles 8 , 10 and 11 of Council Regulation                                        Article 2
(EEC) No 1 353/73 (5) of 15 May 1973 introducing a
premium system for the conversion of dairy herds to             Applications for premiums may be lodged at any
meat production and a development premium for the                time, on or after the date fixed by the Member State
specialized raising of cattle for meat production                concerned, and during the period specified in Article
                                                                 1 of Regulation (EEC) No 1967/74. Applications shall
(>) OJ No L 148, 28 . 6. 1968 , p. 24.
(2) OJ No L 195, 18 . 7. 1974, p. 14.                           (*)  1968 Record, 549 .
(}) OJ No L 268 3 . 10 . 1974, p. 12.                           ( 7) 1 970 Record, 1 1 25 .
(4) OJ No L 206, 27 . 7. 1974, p. 1 .                           (8)  1974 Record . '
(5) OJ No L 141 , 28 . 5. 1973, p. 18 .                         H    OJ No L 96, 23 . 4. 1972, p. 9 .
 ---pagebreak--- No L 297/20                         Official Journal of the European Communities                             5. 11 . 74
be lodged with the competent authority designated by           which the premium has been granted shall be indi­
the Member State concerned .                                   cated .
Applications shall include, in         respect of each
                                                                                       Article 7
producer, the following :
(a) particulars of the number of bovine animals kept           For the purposes of Regulation (EEC) No 2502/74 :
     by the producer on his holding on the day the             (a) 'cow' means a female animal of the domestic
     application is lodged, with separate figures for the           bovine species having calved at least once ;
     number of cows and in-calf heifers as defined in
     Article 7 ;                                              (b) 'in-calf heifer' means a female animal of the
                                                                    domestic bovine species in respect of which the
(b) a declaration by the producer stating that he is                successful applicant can establish to the satisfac­
     aware of the terms of Regulation (EEC) No                      tion of the competent authority concerned that
     2502/74 and of this Regulation and of the terms                calving took place during the six months
     of the relevant implementing measures adopted in               following the date on which the animal was taken
     the Member State concerned ;
                                                                    into consideration for the purposes of the rights
(c) the undertaking required under Article 3 (3) of                 and obligations arising under this Regulation .
     Regulation (EEC) No 2502/74.
                                                                                       Article 8
                          Article 3
                                                              The provisions of Articles 8, 10 and 11 of Regulation
Following receipt of the application the competent            (EEC) No 1353/73 shall apply in respect of the system
authority shall take steps to verify the particulars           of premiums provided for in this Regulation .
referred to in Article 2(a).
                                                                                       Article 9
                          Article 4
                                                               In the case provided for in Article 1 1 of Regulation
If it allows the application, the competent authority          (EEC) No 1353 /73 , where a person having taken over
shall :
                                                               a holding and having given an undertaking to the
(a) register the undertaking required under Article            competent authority to continue to fulfil the obliga­
     3 (3) of Regulation (EEC) No 2502/74 ;                    tions entered into by his predecessor fails to establish
(b) determine the total number of bovine animals and           to the satisfaction of that authority that he has
     the number of cows and in-calf heifers to be kept         fulfilled those obligations, the Member State
                                                               concerned shall take steps to recover from that person
     on the recipient's holding for the period to which
                                                               the sums already paid to his predecessor.
     the undertaking relates.
                                                                                       Article 10
                          Article 5
A first instalment of 16-5 units of account per cow or          1 . In any case where the recipient of a premium
in-calf heifer qualifying for the premium shall be paid        fails to prove to the satisfaction of the competent
within 30 days following the date on which the appli­          authority that he has complied with the undertaking
cation is approved by the competent authority.                 required under Article 3 (3) of Regulation ( EEC) No
                                                               2502/74 the Member State concerned shall take steps
The balance shall be paid during the eighth month              to recover all sums already paid in respect of that
following the date on which the application is lodged,         premium . Provided that entitlement to the premium
the competent authority having first ascertained that          shall not be lost if the recipient was prevented from
the undertaking required under Article 3 (3) of Regula­        complying with his undertaking by force majeure.
tion (EEC) No 2502/74 has been complied with .
                                                               2.     Where a beneficiary ceases farming in accor­
                                                               dance with Council Directive No 72/ 160 / EEC of 17
                          Article 6
                                                               April 1972 steps shall be taken to recover all sums
 1.    Member States shall , by the end of each month          already paid in respect of the premium during the
at the latest, inform the Commission of the number of          nine months preceding the application to cease
applications approved by the competent authorities             farming.
during the preceding month . They shall indicate sepa­
 rately the number of applications submitted through a                                 Article 11
 producers' association .
                                                                1.    The following circumstances inter alia may be
2. The applications referred to in paragraph 1 shall           treated by the competent authority as cases of force
be classified according to the number of bovine                 majeure and accordingly entitling it to take no action
animals kept on each holding, and in each case the             for the recovery of sums already paid in respect of
number of cows and in-calf heifers in respect of               premiums :
 ---pagebreak--- 5. 11 . 74                          Official Journal of the European Communities                        No L 297 / 21
(a) death of the recipient ;                                   (c) an outbreak of epizootic disease affecting all or
(b) an extended period of disability on the part of the            part of the recipient's herd .
    recipient such as to prevent him from carrying on          3.    Member States shall inform the Commission of
    his occupation ;                                           all cases treated by their competent authorities as
(c) compulsory purchase of 50 % or more of the                 cases of force majture.
    utilized agricultural area of the holding farmed by
    the recipient, provided that such compulsory                                       Article 12
    purchase was not foreseeable at the date when the
    undertaking was given .                                    The Member States shall within 10 days following the
                                                               date on which such measures take effect inform the
2. The following circumstances inter alia may be               Commission of the measures taken by them for the
treated by the competent authority as cases of force           purpose of implementing the premium arrangements,
 majeure entitling it to suspend for up to one year the        and in particular of the provisions adopted by them to
application of Article 3 (3) of Regulation (EEC) No            ensure compliance with the undertaking referred to in
 2502/74 :                                                     Article 3 (3) of Regulation ( EEC) No 2502/74.
(a) serious flooding of land normally used by the recip­                               Article 13
    ient for cattle raising purposes ;
(b) accidental destruction of buildings belonging to           This Regulation shall enter into force on the day of its
    the recipient normally used by him for cattle               publication in the Official Journal of the European
     raising purposes ;                                         Com munities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 October 1974.
                                                                          For the Commission
                                                                             The President
                                                                        Francois-Xavier ORTOLI