Commission Regulation (EEC) No 2349/91 of 31 July 1991 laying down detailed rules for the application of Regulation (EEC) No 1637/91 fixing compensation with regard to the reduction of the reference quantities referred to in Article 5c of Regulation (EEC) No 804/68 and compensation for the definitive discontinuation of milk production

COMMISSION REGULATION (EEC) No 2349/91  of 31 July 1991  laying down detailed rules for the application of Regulation (EEC) No 1637/91 fixing compensation with regard to the reduction of the reference quantities referred to in Areticle 5c of  Regulation (EEC) No 804/68 and compensation for the definitive discontinuation of milk production
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 1637/91 of 13 June 1991 fixing compensation with regard to the reduction of the reference quantities referred to in Article 5c of Regulation (EEC) No 804/68 and compensation for the definitive discontinuation of milk  production (1), and in particular Article 5 thereof,
Whereas Regulation (EEC) No 1637/91 provides for compensation for the reduction of the reference quantities for the eigth period of application of the additional levy scheme; whereas this reduction will probably be maintained, at least in part, for  later periods; whereas the quantity for which compensation is, or is to be, paid should be specified in each case;
Whereas the above Regulation provides for the possibility of the definitive disconinuation of milk production by producers against payment of compensation; whereas the procedures, obligations and timetable involved both with regard to the competent  national authorities and to the producers themselves should be adopted;
Whereas, where the total of the applications eligible for compensation exceeds the amount of Community financing provided, the Member State concerned must be able to draw up rules for acceptance of applications according to objective criteria taking  account of milk production structures;
Whereas, where the obligations laid down are not fulfilled, the producer is liable for payment of the additional levy for all deliveries or direct sales after the dates laid down for the definitive discontinuation of milk production; whereas, in  addition, Member States should be obliged to take all the measures necessary for the implementation and control of the measure, including penal or administrative sanctions, in particular, to ensure the reimbursement of compensation wrongly paid;
Whereas the list of information to be submitted to the Commission for assessment of the effectiveness of the measures implemented should be drawn up and the submission dates set; whereas any decision taken by a Member State not to apply the programme  for the discontinuation of milk production on its territory must, as an exception to the rule, be examined in the light of the general principles of Community law applicable in the sector; whereas this decision must therefore set out the grounds on  which it is based;
Whereas for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,