Commission Regulation (EC) No 2647/98 of 9 December 1998 laying down detailed rules for the application of Council Regulation (EC) No 2330/98 providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade and establishing the form for applications for compensation

10.12.1998 EN Official Journal of the European Communities L 335/33
COMMISSION REGULATION (EC) No 2647/98
of 9 December 1998
laying down detailed rules for the application of Council Regulation (EC) No 2330/98 providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade and establishing the form for applications for compensation
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2330/98 of 22 October 1998 providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade (1), and in particular Articles 9 and 16 thereof,
Whereas, pursuant to Article 9 of Regulation (EC) No 2330/98, applications for compensation must be addressed by the producers concerned to the competent authority designated for that purpose in each Member State, using a standard form; whereas such forms must be drawn up to serve as working documents for the competent authorities, each of those authorities having the right, having regard to the differences in administrative requirements, to adapt the content;
Whereas, pursuant to Article 16 of that Regulation, the Commission was instructed to adopt detailed rules for its application and, in particular, the provisions regarding payment of the costs of the agents of the producers in question;
Whereas it is necessary to take account in the compensation offer of the fees of agents incurred by producers in pursuing their claims against the Community institutions prior to the entry into force of Regulation (EC) No 2330/98; whereas the reasons which led the Council to determine that the compensation should be calculated on a flat-rate basis apply also with regard to the costs of agents; whereas, moreover, a single agent has frequently represented a large number of producers; whereas therefore the reimbursement of fees on a flat-rate basis is considered appropriate;
Whereas those producers who brought proceedings before the Court of First Instance will have incurred higher agents' fees and should therefore receive a higher flat-rate amount; whereas in certain specific cases the possibility should also be foreseen to reimburse costs in excess of the flat-rate amount;
Whereas it is considered appropriate to introduce, by way of receipt in full and final settlement, a single document for the whole of the Community, without prejudice to the Commission's right to adjust the wording thereof in respect of a Member State if necessary;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,