CELEX: 31974D0185
Language: en
Date: 1974-03-13 00:00:00
Title: Commission Decision of 13 March 1974 pursuant to Article 18 of Directive No 72/159/EEC on provisions notified by the Federal Republic of Germany for the implementation of Directive No 72/159/EEC

No L 94/ 22                       Official Journal of the European Communities                              4. 4. 74
                                            COMMISSION DECISION
                                                 of 13 March 1974
              pursuant to Article 18 of Directive No 72/ 159/EEC on provisions notified by the
              Federal Republic of Germany for the implementation of Directive No
                                                     72 / 159/ EEC
                                         (Only the German text is authentic)
                                                    (74/ 185/EEC)
THE COMMISSION OF THE EUROPEAN                                  — Directives of 1973 to promote the construction of
COMMUNITIES,                                                       buildings for cattle- and pig-farming
                                                                — Directives of 1973 to encourage draining of indi­
                                                                   vidual farms
Having regard to the Treaty establishing the European
Economic Community ;
                                                                Lower Saxony :
                                                                — Directives of 2 May 1972 on subsidies for
Having regard to Council Directive No 72/ 159/ EEC                 machinery syndicates
of 17 April 1972 on the modernization of farms, and
in particular Article 18(3) thereof ;                           — Directives of 13 December 1972 to encourage the
                                                                   pooling of labour resources
                                                                — Directives on special measures relating to agricul­
Whereas, as required by Article 17 (4) of Directive No             tural holdings in Lower Saxony — phased invest­
72/ 159/ EEC, the Government of the Federal Republic               ment plan — as amended on 29 August 1973
of Germany notified the following laws, regulations
and administrative provisions on 19 June 1973 ;                 North Rhine Westphalia :
— outline rules of 20 April 1973 to promote invest­             — Directives of May 1973 to encourage the forma­
    ment on individual agricultural holdings and                   tion of machinery syndicates
    encourage the repopulation of rural areas                   — Directives of 25 April 1973 to encourage farmers
— outline rules of 20 April 1973 to promote invest­                to employ agricultural labourers
    ment on agricultural forestry and forestry holdings         — Directives of 25 June 1973 to encourage farmers
                                                                   to employ relief milkers
— Directives of 1 March 1973 on credit guarantees
    for agricultural holdings and joint investment by           Hesse :
    several holdings ;
                                                                — Directives of 21 December 1972 on the grant of
                                                                   subsidies by the Land to land development associa­
Whereas, as required by the second indent of Article               tions
 17 ( 1 ) and by Article 17 (4) of Directive No
                                                                — Directives of 21 December 1972 on the promotion
72/ 159 / EEC, the Government of the Federal Republic
                                                                   of joint land development schemes
of .Germany further notified the following laws, regula­
tions and administrative provisions on 23 October               Rhineland Palatinate :
 1973 :
                                                                — Order of 12 February 1973 to promote the forma­
                                                                    tion of machinery syndicates and the pooling of
Schleswig-Holstein :                                                labour resources
 — Directives of 8 August 1973 to encourage the                 Saarland :
     rational use of agricultural machinery (machinery
     syndicates)                                                — Order of 5 June 1973 to promote inter-farm coop­
                                                                    eration
— Directives of 15 May 1970 (as amended on 4
    August 1972) to encourage farmers to employ agri­            Baden - Württemberg :
     cultural labourers
                                                                — Directives of 10 July 1973 to promote the joint
— Directives of 1 973 to promote the enlargement of                 use of machinery through the formation of
     holdings through the purchase or renting of land               machinery syndicates
 ---pagebreak--- 4. 4. 74                           Official Journal of the European Communities                          No L 94/ 23
— Directives of 1 March 1973 on the provision of              whereas, however the outline rules for the promotion
    local female help and farm labourers from land            of investment on agriculture forestry holdings and the
    funds                                                    various other laws, regulations and administrative pro­
                                                             visions of the Lander notified make provision for
— Order of 1973 on additional measures relating to            incentives to farms which upon completion of the
    the Land's regional programme for agriculture             development plan will not be capable of providing at
                                                              least one worker with a full earned income from agri­
                                                              culture which are more favourable than Article 14 (2)
Bavaria :
                                                             of the Directive allows and consequently not compat­
                                                              ible with the provisions of that Article ;
— Order of 20 March 1973 laying down special
    conditions for financial assistance under Article 6      Whereas a decision as to whether the objectives of the
    (5) of the Law on the promotion of agriculture in         Directive are or are not jeopardized by incentives
    Bavaria (machinery syndicates)                           which are not compatible with the Directive largely
                                                             depends on the manner and extent of their applica­
— Order of 27 July 1972 laying down general condi­            tion ; whereas such a decision cannot be taken until
    tions relating to financial assistance for a central      the incentives have been applied for some time and a
    service for local female help and farm labourers         detailed report has been submitted by the Govern­
— Directives of 12 March 1973 on village improve­             ment of the Federal Republic of Germany ;
    ments ;
                                                             Whereas      for  this reason  a  Commission    Decision
                                                             pursuant to Article 18 (3) of the Directive can be
Whereas Article 18 (3) of Directive No 72/ 159/EEC           adopted for a limited period only ;
requires the Commission to determine whether,
having regard to the objectives of the Directive and to      Whereas the EAGGF Committee has been consulted
the need for a proper connection between the various         on the financial aspects ;
measures, the drafts of the laws, regulations and admi­
nistrative provisions comply with the Directive and          Whereas the measures provided for in this Decision
thus satisfy the conditions for financial contribution        are in accordance , with the Opinion of the Standing
by the Community ;                                            Committee on Agricultural Structure,
Whereas the objective of Directive No 72/ 159/EEC is
to encourage the creation and development of farms
                                                              HAS ADOPTED THIS DECISION :
which, assuming rational production, are capable of
ensuring that persons working on them have an
income comparable to that received for non-agricul­
tural work and envoy acceptable working conditions ;                                  Article 1
                                                             The laws, regulations and administrative provisions for
Whereas for these reasons Directive No 72/ 159 / EEC         the implementation of Directive No 72/ 159/ EEC,
obliges the Member States to introduce selective incen­       notified by the Government of the Federal Republic
tives to farmers who produce a farm development              of Germany on 19 June 1973 and 23 October 1973
plan showing that on completion of the development            pursuant to the second indent of Article 17 ( 1 ) and to
period the farm will be capable of attaining as a            Article 17 (4) of the said Directive, satisfy the condi­
minimum , for at least one worker, a level of earned          tions for financial contribution by the Community to
income comparable to that received for non-agricul­          common measures within the meaning of Article 15
tural work ;                                                 of Directive No 72/ 159 / EEC .
Whereas Article 14 (2) of Directive No 72/ 159/ EEC                                   Article 2
specifies that farms which do not meet this require­
ment qualify for reduced assistance only the interest
remaining payable by the beneficiary amounting to            The Government of the Federal Republic of Germany
not less than 5 % per year ;                                  shall , not later than 31 March 1975, forward to the
                                                              Commission a detailed report on the application of
                                                             the outline rules for the promotion of investment on
Whereas the measures to assist farms with a develop­         individual agriculture forestry and forestry holdings.
ment plan within the meaning of Article 4 of the
Directive now notified by the Government of the              The report provided for in the foregoing paragraph
Federal Republic of Germany, comply with the requir­         shall indicate, in particular, the number and types of
ements of the Directive ;                                     farm receiving incentives, the proportion of income
 ---pagebreak--- No L 94/24                           Official Journal of the European Communities                            4 . 4 . 74
derived from forestry or from secondary non-indus­                                   Article 4
trial activity, the location of the farms and the reasons      The statement made in Article 1 will be effective until
for granting incentives under the outline rules referred        31 December 1974.
to in the foregoing paragraph. The report shall also
specify the extent of budgetary expenditure on these                                 Article 5
farms and any additional incentives granted under the
laws, regulations and administrative provisions                This Decision is addressed to the Federal Republic of
                                                                Germany.
adopted by the Lander.
                                                                Done at Brussels, 13 March 1974.
                          Article 3
                                                                                        For the Commission
Financial contribution by the Community shall be
confined to eligible expenditure arising in connection                                      The President
with aids granted in pursuance of decisions taken after
20 April 1973.                                                                         Francois-Xavier ORTOLI