CELEX: 31995R1265
Language: en
Date: 1995-05-29 00:00:00
Title: Council Regulation (EC) No 1265/95 of 29 May 1995 amending Regulation (EEC) No 3013/89 on the common organization of the market in sheepmeat and goatmeat

Avis juridique important

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31995R1265

Council Regulation (EC) No 1265/95 of 29 May 1995 amending Regulation (EEC) No 3013/89 on the common organization of the market in sheepmeat and goatmeat  

Official Journal L 123 , 03/06/1995 P. 0001 - 0002

COUNCIL REGULATION  (EC) No 1265/95 of 29 May 1995 amending Regulation (EEC) No 3013/89 on the common organization of  the market in sheepmeat and goatmeatTHE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the European Parliament  (2), Having regard to the opinion of the Economic and Social Committee  (3), Whereas by Regulation (EEC) No 2069/92  (4) amending Regulation (EEC) No 3013/89  (5), the Council  imposed, with effect from the 1993 marketing year, an individual limit per producer in respect of  the grant of the ewe and goat premiums; Whereas the grant of an individual limit per producer for obtaining the right to the premium has  given rise to administrative difficulties in the case of certain groups of producers, in particular  family groups, during the transfer of premium rights between members of the said groups; whereas,  therefore, for reasons of correct administration, provision should be made for certain groups to be  exempted, under certain conditions, from payment to the national reserve of the percentage of  rights provided for in the case of a transfer of rights without transfer of holding; whereas that  provision must not lead to an increase in individual rights currently allocated in each Member  State, nor give rise to the formation of new producer groups created with the sole aim of avoiding  payment to the national reserve of the percentage of rights provided for in the case of a transfer  of rights without transfer of holding; Whereas the individual limit was established on the basis of the total amount of premiums granted  for the 1991 marketing year for each producer; whereas in Italy and in Greece, because that  marketing year was a year of transition between two different premium systems, a number of  producers were not able to submit an application for a premium for the 1991 marketing year for the  number of eligible animals they held; whereas, in order to remedy this situation, special reserves  should be created for Italy and for Greece corresponding to the estimated maximum number of rights  which the producers concerned were unable to claim; whereas the competent authorities of those two  Member States should initially be allowed to grant new rights up to the limit of the special  reserve referred to above and then, subject to verification by the Commission of the correct  allocation of the rights granted, in particular in the regions most affected, the national reserves  will be increased for Italy and Greece by the sum of the rights newly granted with effect from the  1995 marketing year; Whereas it is therefore necessary to amend Regulation (EEC) No 3013/89, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3013/89 is hereby amended as follows: 1.  In Article 5a (4) (b) the following subparagraph is hereby added: 'However, with effect from the 1995 marketing year the previous paragraph shall not apply to groups  of producers, in the case of a transfer of rights between members of the same group of producers,  meeting conditions to be determined by the Commission in accordance with the procedure provided for  in Article 30. These conditions should take into account at least: -  the status of the group members, -  the length of time members have belonged to and participated in the group, -  the composition of the group, to the extent necessary not to jeopardize the application of Article 5a (4) (b), third  subparagraph.`; 2.  In Article 5b (1), the following subparagraphs are hereby added: 'In addition, for Italy and Greece a special reserve with a ceiling of 600  000 rights for each of  those two Member States shall be established to permit the granting of additional rights to  producers affected by the fact that the changes in the conditions of eligibility of animals for the  premium and the introduction of individual limits on the guarantee per producer based on the number  of premiums paid for the marketing year both occurred in 1991. Italy and Greece shall ensure that the producers referred to above are identified in accordance  with the following criteria: (a)  for Italy: -  producers who, at the start of 1991, had not submitted an application for a premium for the 1991  marketing year but who in the same period submitted an application for a premium for the 1990  marketing year, -  in addition, and in strictly delineated regions defined in accordance with the procedure laid  down in Article 30, producers who submitted an application for a premium for the 1991 marketing  year and for whom it can be shown that the number of premiums actually granted does not correspond  to the number of eligible animals kept for that marketing year; in this case the number of  additional rights which may be granted may not exceed 20  % of this number of eligible animals; (b)  for Greece: -  producers who submitted an application for a premium for the 1991 marketing year and for whom it  can be shown in particular on the basis of applications submitted in 1992 that the premium received  for that marketing year does not correspond to the number of eligible animals owing to the fact  that they did not submit applications under the rules laid down in Article 22 (6), although they  did have eligible ewes under those rules, -  producers who did not submit an application for a premium for the 1991 marketing year and for  whom it can be shown that the application was not submitted because for that marketing year those  producers did not have any eligible ewes under the rules laid down in Article 22 (6). In all the cases referred to above, with the exception of the regions referred to in the second  indent of (a) in the case of Italy, the additional rights shall be determined by comparison with  the number of eligible animals featuring in the applications submitted for the 1992 marketing year  by the same producers or their legal successors. After Italy and Greece have clearly identified the producers concerned in accordance with the  criteria laid down in the preceding subparagraph and before the end of the 1995 marketing year, the  Commission shall verify that the allocation of the additional rights to be provided is to be  limited to the producers concerned and that those producers do not ultimately obtain more rights  than would have been granted them if the situation referred to above had not occurred. Subject to that verification and within the limit of the special reserve referred to above, the  national reserve established pursuant to this Article shall be increased by an amount corresponding  to the sum of the additional rights to be granted; that increase shall not affect the additional  reserve referred to in paragraph 3.` Article 2 This Regulation shall enter into force on the seventh day following its publication in  the Official Journal of the European Communities. It shall apply as from the 1995 marketing year. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 29 May 1995. For the Council The President Ph. VASSEUR