Commission Regulation (EEC) No 1922/92 of 13 July 1992 amending Regulation (EEC) No 1633/84 laying down detailed rules for applying the variable slaughter premium for sheep and repealing Regulation (EEC) No 2661/80 and determining the conditions for the reimbursement of the clawback following the Judgment of the Court of Justice in Joined Cases C-38/90 and C- 151/90

COMMISSION REGULATION (EEC) No 1922/92  of 13 July 1992  amending Regulation (EEC) No 1633/84 laying down detailed rules for applying the variable slaughter premium for sheep and repealing Regulation (EEC) No 2661/80 and determining the conditions  for the reimbursement of the clawback following the Judgment of the Court of Justice in Joined Cases C-38/90 and C-151/90
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat (1), as last amended by Regulation (EEC) No 1741/91 (2), and in particular Article 24 (5) thereof,
Whereas the Judgment of the Court of Justice in Joined Cases C-38/90 and C-151/90 declared invalid Article 4 (1) and (2) of Commission Regulation (EEC) No 1633/84 (3), as last amended by Regulation (EEC) No 1075/89 (4), inasmuch as, by providing for the  chagring, by way of the clawback, of an amount which in most cases is not exactly equal to that of the slaughter premium actually granted, the Commission exceeded the powers conferred on it by Article 9 (3) of Council Regulation (EEC) No 1837/80 of 27  June 1980 on the common organization of the market in sheepmeat and goatmeat (5), as amended by Regulation (EEC) No 871/84 (6);
Whereas pursuant to Article 176 of the EEC Treaty the Commission has to take the necesssary measures to comply with the Judgment; whereas it is therefore necessary to ensure, for each product the exact correspondence of the amount of the clawback and  that of the premium;
Whereas it is appropriate in the light of the Judgment, to provide in certain cases for the reimbursement of each amount collected in the form of clawback for each product surpassing the level of the premium paid;
Whereas, to this end, it is incumbent on the operators concerned to present the necessary proof;
Whereas the difficulties they may encounter in this regard make appropriate the application, at their request, of a calculation based on the average of the premiums fixed for the week of export and the three previous weeks;
Whereas a sanction has to be provided for if an operator does not make the choice between the two options or does not present the necessary proof;
Whereas it is appropriate to affirm that the competent United Kingdom authorities may retain the security lodged before the coming into force of this Regulation as long as the amount of the clawback has not been determined and paid;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sheep and Goats,