Commission Regulation (EC) No 2912/95 of 15 December 1995 laying down certain detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No 805/68 on the common organization of the market in beef and veal as regards the specific measures applicable in the French overseas departments, the Azores and Madeira, and repealing Regulation (EEC) No 231/93

COMMISSION REGULATION (EC) No 2912/95 of 15 December 1995 laying down  certain detailed rules for the application of the premium schemes provided for in Council  Regulation (EEC) No 805/68 on the common organization of the market in beef and veal as regards the  specific measures applicable in the French overseas departments, the Azores and Madeira, and  repealing Regulation (EEC) No 231/93
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3763/91 of 16 December 1991 introducing specific  measures in respect of certain agricultural products for the benefit of the French overseas  departments  (1), as last amended by Regulation (EC) No 2598/95  (2), and in particular Article 9  thereof,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 concerning specific measures  for the Azores and Madeira relating to certain agricultural products  (3), as amended by Commission  Regulation (EC) No 2537/95  (4), and in particular Articles 14 (4) and 24 (6) thereof,
Whereas Regulation (EEC) No 1600/92 provides for specific measures to promote livestock farming in  the archipelagoes of the Azores and Madeira; whereas these measures include, in the beef and veal  sector, a supplement to the special premium for male bovine animals and to the premium for  maintaining suckler cows as provided for in Articles 4b and 4d respectively of Council Regulation  (EEC) No 805/68  (5), as last amended by Commission Regulation (EC) No 2417/95  (6); whereas  provision should be made for these supplements to be granted under the rules applicable to those  premium schemes;
Whereas the measures to promote beef and veal production in the Azores seek to bolster traditional  economic activities vital to the Azores archipelago; whereas one such traditional activity in the  beef and veal sector consists of the production of animals for fattening in other regions of the  Community; whereas provision should therefore be made in order that the supplement to the special  premium may also be paid to the Azores livestock producer prior to shipment of the animals;
Whereas Regulation (EEC) No 3763/91 provides for specific measures to promote livestock farming in  the French overseas departments; whereas these measures include, in the beef and veal sector,  derogations from the premium schemes provided for in Regulation (EEC) No 805/68, and a supplement  to the special premium for male bovine animals and to the premium for maintaining suckler cows;  whereas provisions should be made therefore for the basic premium and the supplement to be granted  in the French overseas departments under the rules applicable to those premium schemes, and, where  necessary, for the derogations provided for in Regulation (EEC) No 3763/91;
Whereas Article 5 (4) of Regulation (EEC) No 3763/91 provides for the freezing, within the French  regional limit, of the number of animals in respect of which the special premium has been granted  in the overseas departments; whereas it is appropriate to take as the reference year 1994 which is  the year in which producers still qualified for the French common ceiling and which precedes the  establishment of the special quantity of 10  000 male bovine animals allocated to the overseas  departments;
Whereas, in order to meet the requirements of the development of livestock farming in the French  overseas departments, a specific reserve of rights to the suckler cow premium applicable in those  territories should be established; whereas, in view of the specific nature of the territories, the  task of laying down the conditions for allocating or reallocating rights under that reserve should  be entrusted to the competent authorities, which must first notify them to the Commission; whereas,  however, the legitimate interests of producers to whom individual rights to the premium have  already been granted pursuant to Article 4d of Regulation (EEC) No 805/68 must be preserved;
Whereas a large proportion of the applications for premiums in the overseas departments had already  been submitted on the date of application of this Regulation; whereas the annual nature of the  administration of the premium schemes means that different arrangements cannot be adopted which  would apply only at the end of the year; whereas consequently the derogations provided for in  Regulation (EEC) No 3763/91, in particular the non-application of the stocking density requirements  requirements in the territory, should be extended to all eligible applications submitted for 1995;
Whereas, in accordance with Article 24 (2) of Commission Regulation (EEC) No 3886/92  (1), as last  amended by Regulation (EC) No 1850/95  (2), applications for the suckler cow premium may be  submitted within an overall period of six months during a calendar year; whereas, in order to  enable producers in the overseas territories to qualify under Regulation (EEC) No 3763/91, it is  necessary to derogate from that provision;
Whereas, in order to attain the objectives set for the territories in question and to take account  of the specific needs of the different regions concerned, the authorities of the Member States  should be permitted to adopt additional administrative provisions for the grant of these aids;
Whereas, as a result of the changes in respect of the French overseas departments and in the  interests of legal certainty, Regulation (EEC) No 231/93  (3) should be repealed and the  arrangements applicable to the Azores and Madeira incorporated in this Regulation;
Whereas, in order to enable Regulation (EEC) No 3763/91 to be applied forthwith, it is essential  that this Regulation enter into force at the earliest opportunity;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Beef and Veal,