CELEX: 31995R0671
Language: en
Date: 1995-03-29 00:00:00
Title: Commission Regulation (EC) No 671/95 of 29 March 1995 on the assignment of specific reference quantities to certain producers of milk and milk products in Austria and Finland

No L 70/2         lENI                Official Journal of the European Communities                                   30 . 3 . 95
                                       COMMISSION REGULATION (EC) No 671/95
                                                      of 29 March 1995
                  on the assignment of specific reference quantities to certain producers of milk
                                        and milk products in Austria and Finland
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      (a) either has taken part for a given period expiring on 31
                                                                       December 1994 or a later date in a non-marketing
                                                                      programme for milk and milk products ;
 Having regard to the Treaty establishing the European
 Community,
                                                                  (b) or has ceased, wholly or in part, his deliveries or direct
                                                                      sales but under national legislation predating 1
 Having regard to Council Regulation (EEC) No 3950/92                 January 1995 has retained the right to resume them
 of 28 December 1992 establishing an additional levy in               within set time limits up to the maximum volume
 the milk and milk products sector ('), as last amended by            previously available to him ;
 the Act of Accession of Austria, Finland and Sweden, and
 in particular the seventh subparagraph of Article 3 (2)
 thereof,                                                         (c) or who was subject to national rules in connection
                                                                      with the geographical characteristics of his production
                                                                      location but does not hold a full reference quantity
 Whereas Article 3 (2) of Regulation (EEC) No 3950/92,                under national legislation in force before 1 January
 specifies that the overall Austrian and Finnish quantities            1995 and is a producer within the meaning of point c
 may be increased by maximum amounts of 1 80 000 and                  of Article 9 of Regulation (EEC) No 3950/92 ;
 200 000 tonnes respectively, to be used for allocation of
 reference quantities to producers whose right to resume
 production is affected as a result of accession ;                shall, on request, receive provisionally, either within the
                                                                  limits of the reference quantity he held before total or
Whereas in both new Member States certain farmers
                                                                  partial interruption of production or on the basis of either
                                                                  the quantities marketed in the 12 months preceding his
 either took part for a given period in a programme of            application or the average of the last three 12-month
 conversion from or of non-marketing of milk or milk              periods, a specific reference quantity for deliveries and/or
 products or were permitted to produce without a                  direct sales, provided that :
 reference quantity owing to the geographical location of
their holdings ; whereas these farmers should be
 permitted under Community rules to resume or continue            — he shows that he has complied with the non-mar­
milk production ;                                                     keting or conversion commitment or with the specific
                                                                      production rules applicable to him under national law,
Whereas certain Community producers in similar situa­             — he has not transferred the whole of his holding by the
tions were assigned reference quantities subject to compli­           date of his application, and
ance with certain terms ; whereas such compliance should
also be required of the farmers concerned in the new              — he shows in support of his application, with regard to
Member States ;                                                       the criteria to be set by national legislation, that he is
                                                                      in a position to produce on his holding the specific
                                                                      reference quantity applied for.
Whereas the Management Committee for Milk and Milk
Products has not issued an opinion within the time limit
set by its chairman,                                              2. Should part of the holding be sold or leased out
                                                                  before the date of the application the quantity allocated
                                                                  shall be reduced pro rata to the area sold or leased.
                                                                  3. The quantities assigned to producers who satisfy the
HAS ADOPTED THIS REGULATION :                                     conditions laid down in points a and b of paragraph 1
                                                                  shall be reduced by a percentage corresponding to that
                                                                  applied to producers in activity, without prejudice to
                                                                  respect for the overall quantity set in the fifth and sixth
                          Article 1                               subparagraphs of Article 3 (2) of Regulation (EEC) No
                                                                  3950/92.
1 . A producer whose holding is located in the geogra­
phical territory of Austria or Finland who :                     4. The quantities allocated to producers who satisfy the
                                                                  conditions laid down in point c of paragraph 1 may not
(') OJ No L 405, 31 . 12. 1992, p. 1 .                           exceed 60 000 tonnes in total .
 ---pagebreak--- 30 . 3 . 95            EN              Official Journal of the European Communities                                 No L 70/3
                            Article 2                             during the last twelve months, reached a level of at least
                                                                  80 % of the provisional specific reference quantity, that
The application referred to in Article 1 (1 ) shall be made       quantity shall be definitively allocated to him. Otherwise
by the producer to the competent authority designated by          the reference quantity definitively allocated shall be that
the Member State, in line with arrangements made by the           actually delivered or sold directly.
Member State :
— before 1 May preceding the date on which the period                                        Article 4
    of total or partial interruption of production ends, or
    before 1 May 1995 if the period ends in 1995,                  1 . Should part or all of the holding be sold or leased
                                                                  out or the reference quantity be temporarily transferred
— in the case of applications lodged by producers who             before its definitive allocation, the reference quantity shall
     satisfy the conditions laid down in point c of Article 1     be reduced pro rata to the area sold or leased our or by
    ( 1 ), before 1 May 1995.                                     the amount temporarily transferred.
                            Article 3                             2. Specific reference quantities provisionally allocated
                                                                  under this Regulation may not be included in any milk
1 . The competent authority shall acknowledge receipt              production abandonment programme for three years
of the application and check that the conditions laid              following provisional allocation of that quantity.
down in Article 1 ( 1 ) are satisfied.
                                                                                             Article 5
2.      The criteria to be used for determining the appli­
cant's ability to produce on his holding the specific             The provisions of this Regulation shall also apply in the
reference quantity applied for shall include :                     case of holdings and parts of holdings received by inheri­
— the number and breed of the female bovine animals                tance or in some other way similar to inheritance from a
     aged at least six months and suitable for the produc­         farmer as referred to in Article 1 ( 1 ).
     tion of milk for marketing that he has on the holding,
                                                                                             Article 6
— the useful agricultural area used,
— the investment made to increase milk production on               Member States shall notify to the Commission :
     the holding,
                                                                  — before 1 April 1995, the name of the competent
— the possibility of feeding the herd during part of the               authority and the arrangements adopted for the
    year from pasture land off the holding.                            purposes of Article 1 and the criteria adopted other
3. The competent authority shall notify the applicant                  than those specified in Article 3 (2).
before 1 August of the specific reference quantity provisi­       — before 1 October each year, the number of applica­
onally allocated to him.                                               tions and the quantities involved.
4.      If within two years of provisional allocation of the                                 Article 7
specific reference quantity the producer can show to the
satisfaction of the competent authority that he has been          This Regulation shall enter into force on the third day
making direct sales and/or deliveries for at least 12              following its publication in the Official Journal of the
months and that these direct sales and or deliveries have,         European Communities.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                   Done at Brussels, 29 March 1995.
                                                                             For the Commission
                                                                               Franz FISCHLER
                                                                         Member of the Commission