CELEX: 31978R0036
Language: en
Date: 1978-01-09 00:00:00
Title: Commission Regulation (EEC) No 36/78 of 9 January 1978 on certain special cases as regards the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds

No L 7/ 6                             Official journal of the European Communities                                10 . 1 . 78
                                 COMMISSION REGULATION (EEC) No 36/78
                                                    of 9 January 1978
              on certain special cases as regards the application of the system of premiums
              for the non-marketing of milk and milk products and for the conversion of
                                                        dairy herds
THE COMMISSION OF THE EUROPEAN                                   first subparagraph of Article 3 ( 1 ) of Regulation (EEC)
COMMUNITIES,                                                     No 1078 /77 and deliveries in 1977 in accordance with
Having regard to the Treaty establishing the European            Article 1 (d) of Regulation (EEC) No 1307/77 shall
Economic Community,                                              mean deliveries from the holding managed on the day
                                                                 the application was lodged, even if the applicant has
Having regard to Council Regulation (EEC) No                     not worked the holding for the entire duration of the
1078 /77 of 17 May 1977 introducing a system of                  periods concerned .
premiums for the non-marketing of milk and milk
products and for the conversion of dairy herds ( J ), and
in particular Article 7 thereof,
                                                                                           Article 2
Whereas, since Regulation (EEC) No 1078/77 was first
applied, problems of interpretation have arisen and in
some cases it has not been possible to clarify them             Where the recipient of the premium acquires, during
fully in the light of the said Regulation or of Commis­          the period to which his undertakings apply, a holding
sion Regulation (EEC) No 1307/77 of 15 June 1977                 supplying milk or milk products or part of such a
laying down rules for the application of the system of           holding this shall not entail the extension of the
premiums for the non-marketing of milk and milk                  undertakings to the acquired areas, provided that :
products and the conversion of dairy herds (2) ;
whereas, however, particularly in the interests of the          (a) the holding concerned is inherited or otherwise
farmers concerned, legal uncertainty on such ques­                    transferred free, and the holding or part of the
tions should be removed wherever possible so that the                 holding acquired is totally separate from the
rights and obligations arising from the system of                     existing holding at the time of the approval of the
premiums are easily recognizable and clearly defined ;                application ;
Whereas, where a farm is taken over during the refer­            (b) the new holding is acquired with a view to
ence period, the milk deliveries on the basis of which                changing holdings and the first holding is trans­
the premium is calculated should include those made                   ferred at the latest at the end of the current vegeta­
by the predecessor ;                                                  tion period along with the successor's undertaking
Whereas, where the farm or parts thereof are taken                    pursuant to the first subparagraph of Article 6 ( 1 )
over, certain questions arise as to the scope of the obli­            of Regulation (EEC) No 1078/77.
gations transferred to the successor ; whereas those
questions must be settled in the light of the aims of
the premium system and the possibilities for checks ;                                      Article 3
Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Manage­                This Regulation shall enter into force on the third day
ment Committee for Milk and Milk Products,
                                                                 following its publication in the Official Journal of
HAS ADOPTED THIS REGULATION :                                    the European Communities.
                         Article 1
                                                                 On application by the recipient, it shall apply to
Deliveries during the 1976 calendar year within the              approvals issued for the granting of premiums prior to
meaning of Article 2 ( 1 ) and the first indent of the           its entry into force .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 9 January 1978 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(') OJ No L 131 , 26. 5. 1977, p. 1 .
(2) OJ No L 150, 18 . 6. 1977, p. 24.