Commission Regulation (EC) No 2134/95 of 7 September 1995 amending Regulation (EEC) No 2814/90 and laying down certain detailed rules for the application of Council Regulation (EEC) No 3013/89 as regards the transfer of premium rights between members of the same producer groups and increasing the premium rights of certain sheepmeat and goatmeat producers in Italy and Greece

COMMISSION REGULATION (EC) No 2134/95 of 7 September 1995 amending Regulation  (EEC) No 2814/90 and laying down certain detailed rules for the application of Council Regulation  (EEC) No 3013/89 as regards the transfer of premium rights between members of the same producer  groups and increasing the premium rights of certain sheepmeat and goatmeat producers in Italy and  Greece
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European 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 (EC) No  1265/95  (2), and in particular Article 5 (1) and (9) and Article 5a (4) thereof,
Having regard to Council Regulation (EEC) No 3901/89 of 12 December 1989 defining lambs fattened as  heavy carcases  (3), as last amended by Regulation (EC) No 1266/95  (4),
Whereas the last subparagraph of Article 5a (4) (b) of Regulation (EEC) No 3013/89 stipulates that  the provision whereby, in the case of a transfer of premium rights without transfer of the holding,  a part of the premium rights is to be surrendered without compensation to the national reserve does  not apply to members of the same producer groups meeting certain conditions to be determined by the  Commission in accordance with the procedure provided for in Article 30; whereas, in order to  prevent irregularities, minimum conditions should consequently be laid down, the Member States  being authorized, where applicable, to lay down additional conditions; whereas the penalties  applying where such conditions are not met should also be specified;
Whereas the third and following subparagraphs of Article 5b (1) of Regulation (EEC) No 3013/89  provide for the establishment of special reserves with a ceiling of 600  000 rights for both Italy  and Greece to permit them to grant additional rights to certain producers; whereas that Regulation  lays down criteria for identifying such producers and for determining their additional rights and  provides for a verification procedure by the Commission; whereas to that end provision should be  made for a single centralized register to be kept by each Member State so that the producers  concerned can be located and all the details needed for such verification are available; whereas,  in addition, the penultimate subparagraph of the abovementioned Article 5b (1) provides that such  verification must ensure that the additional rights will be allocated in such a way that such  producers do not ultimately obtain more rights than would have been granted them had the situation  which led to the creation of additional rights not occurred; whereas to that end provision should  be made for the contribution referred to in the first subparagraph of abovementioned Article 5b (1)  not to be included in the national reserve so that producers other than those referred to above may  not benefit under the measure provided for in this Regulation;
Whereas the newly created additional rights constitute compensation by virtue of the fact that in  Italy and Greece, 1991, which was the reference marketing year for determining rights, coincided  with the switchover between two different premium systems resulting in under-estimation of rights;  whereas the producers receiving such additional rights should not therefore be penalized by  applying to them the condition laid down in Article 6 (1) of Commission Regulation (EEC) No 3567/92   (5), as last amended by Regulation (EC) No 1847/95  (6);
Whereas the second subparagraph of Article 1 (1) of Regulation (EEC) No 3901/89 provides for the  introduction of a simplified procedure for verification of fattening as heavy carcases with regard  to lambs belonging to a limited number of meat breeds reared in geographically well-defined areas;  whereas to that end Commission Regulation (EEC) No 2814/90 of 28 September 1990 laying down  detailed rules for the definition of lambs fattened as heavy carcases  (7), as last amended by  Regulation (EC) No 277/94  (8), should be amended to simplify the administrative verification  procedure laid down while maintaining the obligation on producers to show they have actually  fattened as heavy carcases all lambs born on their holdings; whereas that obligation may be deemed  to have been fulfilled where a check shows that the lambs present as a percentage of the ewes is  above a minimum threshold determined by reference to normal breeding practice for the breeds and  areas concerned;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Sheepmeat and Goatmeat,