Commission Regulation (EEC) No 2385/91 of 6 August 1991 laying down detailed rules for certain special cases regarding the definition of sheepmeat and goatmeat producers and producer groups

COMMISSION REGULATION (EEC) No 2385/91  of 6 August 1991  laying down detailed rules for certain special cases regarding the definition of sheepmeat and goatmeat producers and producer groups
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 5 (9) thereof,
Having regard to Council Regulation (EEC) No 3493/90 of 27 November 1990 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers (3), and in particular Articles 1 and 2 (4),
Whereas Regulation (EEC) No 3493/90 establishes, in particular, the definitions of sheepmeat and/or goatmeat producer and producer group; whereas, furthermore, that Regulation lays down that the Commission, acting in accordance with the procedure laid  down in Article 30 of Regulation (EEC) No 3013/89, is to lay down detailed rules for the application of those definitions and in particular special cases arising from contractual forms provided for in agricultural law or covered by national customs and  practices under which the farmer, while assuming the risks and/or organization of the rearing, is not the owner of all or part of the flock, and detailed rules for the application of the limits provided for in Article 5 (7) of Regulation (EEC) No  3013/89 concerning producer groups;
Whereas, as regards the abovementioned contractual forms, provisions should be laid down in particular to cover cases of shared ownership, livestock lease and placing of ewes in agistment and certain situations where the shepherd of a flock is also  owner of part of the latter; whereas, however, as regards livestock leases, special provisions must be laid down in the United Kingdom for the National Trust where it is the lessor in the Lake District area, since the said lessor imposes particularly  strict conditions on lessees in order to ensure that the environment is protected;
Whereas the limits provided for in Article 5 (7) of Regulation (EEC) No 3013/89 may, in the case of producer groups, be applied correctly using a single premium declaration signed by all the members and by means of certain provisions on penalties  intended to ensure that the group assumes liability for declarations submitted;
Whereas, for the purposes of applying the abovementioned limits, rules should also be laid down for apportioning livestock in the case of groups where the animals belonging to each member cannot be identified; whereas the formula for apportionment  applicable, in the case of disbanding, to the group's assets is suitable for the purpose;
Whereas, in order to prevent the limits in question from being circumvented, the concept of group should exclude any form of association featuring a lack of independence of or real participation by the members;
Whereas Regulation (EEC) No 3493/90 lays down the conditions under which farmers practising transhumance are to be considered producers in less-favoured areas; whereas that Regulation lays down in particular that, to that end, on farmers whose holdings  are located in geographical areas to be determined according to certain criteria and in accordance with the procedure provided for in Article 30 of Regulation (EEC) No 3013/89 are to be taken into account; whereas those criteria lead to the  determination of the areas given in the Annex hereto;
Whereas the Management Committee for Sheep and Goats has not delivered an opinion within the time limit set by its chairman,