CELEX: 51996PC0044(18)
Language: en
Date: 1996-03-01
Title: Proposal for a COUNCIL REGULATION (EC) No ... amending Regulation (EEC) No 3013/89 on the common organization of the market in scheepmeat and goatmeat

Avis juridique important

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51996PC0044(18)

Proposal for a COUNCIL REGULATION (EC) No ... amending Regulation (EEC) No 3013/89 on the common organization of the market in scheepmeat and goatmeat  /* COM/96/0044 FINAL - CNS 96/0069 */  

Official Journal C 125 , 27/04/1996 P. 0033

Proposal for aCOUNCIL REGULATION (EC) No . . . of . . . amending Regulation (EEC) No 3013/89 on the common organization of the market in sheepmeat and  goatmeat(96/C 125/18)96/0069(CNS)THE 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, Having regard to the opinion of the European Parliament, Having regard to the opinion of the Economic and Social Committee, Whereas, in accordance with Article 5c (3) of Council Regulation (EEC) No 3013/89 on the common  organization of the market in sheepmeat and goatmeat of 25 September 1983 (1), as last amended by  Regulation (EC) No 1265/95 (2), the Commission has submitted a report to the Council with proposals  for the application in the territories of the new German Laender of the individual producer limits  applicable in the rest of the Community; whereas, in this report, it is concluded that the  restructuring process in the sheep sector in the new German Laender is not yet completed; whereas it  is therefore necessary to redefine the conditions under which special provisions may be adopted by  Germany in order to take account of the specific problems which remain in the new Laender; Whereas, in order to effect a smooth passage from the current provisions in the territories of the  new German Laender to the premium regime applicable in the rest of the Community, certain temporary  measures may be found to be necessary; Whereas Article 7 (2) of Regulation (EEC) No 3013/89 provides that where certain market price  criteria are met the decision to grant private storage aid may be taken only in the context of a  tendering procedure; whereas experience has shown that, even where the abovementioned price  criteria are met, private storage aid could be made more effective in certain cases if the amount  of the aid was fixed in advance; whereas it is therefore necessary to authorize advance fixing of  the aid, regardless of the market price level, provided that the general conditions for the grant  of private storage aid are met; Whereas it is 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. Article 5c is replaced by the following: 'Article 5c1. By way of derogation from Article 5a (1), for the new Laender of Germany: (a) a regional ceiling of 1 million eligible animals shall be fixed; (b) Germany shall determine the conditions for the distribution of this ceiling and its regional  breakdown. 2. In the territories of the new German Laender, not later than the marketing year 2000, Germany  shall apply the provisions on individual limits applicable in the rest of the Community, subject to  the provisions of this Article. Germany shall notify producers of their individual limit per producer, in respect of the granting  of the premium provided for in Article 5. The individual producer limit shall be determined on the  basis of the number of ewes for which premium was paid in the marketing year preceding the year in  which notification to producers of their individual limits was made. 3. In the case of natural circumstances which led to a non-payment or to a reduced payment for the  reference year, the number of animals corresponding to the payments made during the most recent  marketing year shall be used. In the case of non-payment of the premium or of reduced payment for  the reference year, as a result of the imposition of penalties provided for to that end, the number  recorded during the check which gave rise to those penalties shall be used. 4. In the event that the sum of the individual limits of producers whose holdings are situated in  the new German Laender does not exceed the regional ceiling fixed for this territory, the remaining  rights shall be cancelled except for a proportion of rights, calculated as a maximum of 3 % of the  sum of the individual limits, which are to be added to the German national reserve, referred to in  Article 5b (1). The new reserve thus constituted shall be applicable in the entire German  territory. However, under no circumstances shall the sum of the individual limits allocated to  producers in the new German Laender plus the extra allocation of rights to the German national  reserve exceed 1 million rights. 5. The Commission shall lay down, if necessary, the detailed rules for implementing this Article in  accordance with the procedure provided for in Article 30.`2. Article 7 (2) is deleted. Article 2 The Commission shall lay down, if necessary and in accordance with the procedure  provided for in Article 30, temporary measures to facilitate the transition from the existing  arrangements in the new German Laender to those laid down in Article 1 (1) of this Regulation. Article 3 This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at . . . For the Council. . . (1) OJ No L 289, 7. 10. 1989, p. 1. (2) OJ No L 123, 3. 6. 1995, p. 1.