COMMISSION  DECISION
of 9 April 1986
on the implementation of the reform of agricultural structures in the Federal Republic of Germany in 1984 pursuant to Council Directives 72/159/EEC and 75/268/EEC
(Only the German text is authentic)
(86/164/EEC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 72/159/EEC of 17 April 1972 on the modernization of farms (1), as last amended by Regulation (EEC) No 797/85 (2), and in particular Article 18 (3) thereof,
Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (3), as last amended by Regulation (EEC) No 797/85,
Whereas the Government of the Federal Republic of Germany has notified, pursuant to Article 17 (4) of Directive 72/159/EEC and to Article 13 of Directive 75/268/EEC, the text of the provisions listed in the Annex to this Decision;
Whereas under Article 18 (3) of Directive 72/159/EEC and Article 13 of Directive 75/268/EEC the Commission must decide whether, having regard to the compatibility of these provisions with the abovementioned Directives and to the objectives of the said Directives and to the need to ensure that the various measures are properly related, the conditions for a financial contribution by the Community in 1984 are satisfied;
Whereas Article 3 of Council Directive 84/140/EEC of 5 March 1984 amending Directives 72/159/EEC, 72/160/EEC and 72/161/EEC in relation to agricultural structures (4) lays down that the expenditure incurred by Member States for the grant of aid for the realization of farm improvement plans granted after 29 February 1984 shall be eligible under the EAGGF, if the nature and allocation criteria thereof comply with those adopted by the Council in the future Regulation concerning the improvement of agricultural structures for plans for materially improving holdings;
Whereas these characteristics and criteria are laid down in Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures, and in particular Article 2 thereof;
Whereas, pursuant to the Principles of 8 May 1984 for the encouragement of investment in individual farms and the supplementary provisions adopted by the Laender, the scheme of aids for the implementation of development plans within the meaning of Article 4 of Directive 72/159/EEC is replaced by a scheme of aids for the implementation of plans for materially improving holdings;
Whereas the provisions which regulate the characteristics and allocation criteria of these aids do not completely comply with the characteristics and criteria laid down by Regulation (EEC) No 797/85;
Whereas, however the detailed report on the application of these provisions, submitted by the Government of the Federal Republic of Germany shows that of the 1 624 approved improvement plans in the meaning of Article 2 of Regulation (EEC) No 797/85, 1 428 provide for a substantial improvement of the income situation and 196 provide for its stabilization;
Whereas this report shows therefore that the practical application of the provisions mentioned comply with the characteristics and criteria retained by Regulation (EEC) No 797/85;
Whereas the Principles for the encouragement of farms in mountain areas and in certain less-favoured areas, in the version of 8 May 1984, are consistent with the objectives of Directive 75/268/EEC;
Whereas the provisions of the Laender set out in the Annex, in so far as they deal with measures governed by Directives 72/159/EEC and 75/268/EEC, comply with the conditions of these Directives;
Whereas the EAGGF Committee has been consulted on the financial aspects;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Agricultural Structure,
The provisions set out in the Annex to this Decision which were notified by the Government of the Federal Republic of Germany pursuant to Article 17 (4) of Directive 72/159/EEC and Article 13 of Directive 75/268/EEC satisfy the conditions for a financial contribution by the Community to common measures as referred to in Article 15 of Directive 72/159/EEC for the eligible measures under this Directives.
This Decision is addressed to the Federal Republic of Germany.