Commission Regulation (EC) No 1719/94 of 14 July 1994 amending Regulation (EEC) No 3886/92 as regards the detailed rules for the application of the premium schemes provided for in the beef and veal sector

COMMISSION REGULATION (EC) No 1719/94 of 14 July 1994 amending Regulation (EEC) No 3886/92 as regards the detailed rules for the application of the premium schemes provided for in the beef and veal sector
THE COMMISSION OF THE EUROPEAN  COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Commission Regulation (EC) No 1096/94 (2), and in particular Article 4e (5) thereof,
Whereas the experience gained in allocating rights from the national reserves has shown that the Member States were in certain cases in 1993 and 1994 constrained to make late allocation of such rights; whereas there is a risk that producers who acquired  rights against payment and who subsequently also obtained, free of charge, rights from the national reserves in the same calendar year, may be penalized, in particular due to the fact that they have not been able to adapt their farms to the increased  number of rights in time; whereas, as a result, those producers should be authorized to transfer and/or lease temporarily the rights they have acquired against payment in respect of 1993 and 1994;
Whereas Article 2 of Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside (3), institutes an aid programme  where producers undertake to reduce the proportion of cattle per forage area; whereas, therefore, within that framework and in order to achieve the objectives of the said Regulation, it was decided, as a general principle, that the national  agri-environmental programmes approved by the Commission should stipulate as a condition that the use of suckler cow premium rights, freed in such a manner, should be suspended throughout the period of participation in the said programme; whereas,  however, as an exceptional measure, use of the freed premium rights should be permitted in order to meet the needs of other agri-environmental aid measures where national extensification programmes so allow; whereas, furthermore, this amendment should  not prejudice the principle of legitimate expectations as regards producers who, at the time of entry into force of this Regulation, had already notified their authorities of the transfer and/or temporary lease of their premium rights;
Whereas one of the objectives of Council Regulation (EEC) No 2079/92 of 30 June 1992 instituting a Community aid scheme for early retirement from farming (4) is to encourage the replacement of elderly farmers by farmers able to improve the economic  viability of the remaining agricultural holdings; whereas Articles 33 and 34 of Commission Regulation (EEC) No 3886/92 (5), as last amended by Regulation (EC) No 1034/94 (6), provides for restrictions on the use of suckler cow premium rights which could  be contrary to the objectives of Regulation (EEC) No 2079/92; whereas there is a risk that certain producers will not participate in early retirement programmes if their participation could eventually lead to the withdrawal of their rights to the  suckler cow premium;
Whereas Regulation (EEC) No 3886/92 should therefore be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,