31977R1307

No L 150/24 Official Journal of the European Communities 18 . 6 . 77

COMMISSION REGULATION (EEC) No 1307/77 of IS June 1977 laying down rules for the application of the system of premiums for the non­ marketing of milk and milk products and the conversion of dairy herds

THE COMMISSION OF THE EUROPEAN a period as possible in order to exclude short-term COMMUNITIES, variations in supplies ; whereas account should be taken of the fact that the reduction in milk deliveries caused by the exceptional drought in the second half Having regard to the Treaty establishing the European of 1976 continued in many parts of the Community Economic Community, into the first half of 1977 :

Having regard to Council Regulation (EEC) No Whereas this should accordingly be regarded as a 1078/77 of 17 May 1977 introducing a system of special case as referred to in Article 2 ( 1 ) and in the premiums for the non-marketing of milk and milk second subparagraph of Article 3 ( 1 ) of Regulation products and for the conversion of dairy herds ( x), and (EEC) No 1078/77, a variation of up to 10% being in particular Article 7 thereof, permitted without the premium being reduced ;

Whereas under Article 7 of Regulation ( EEC) No 1078/77 certain rules are to be adopted for imple­ Whereas, for purposes of the conversion premium, the menting the system of premiums for the non-mar­ number of the various animals which the farmer may keting of milk and milk products and the conversion keep must be calculated in terms of a livestock unit of dairy herds ; whereas, in order to ensure that the equal to one adult bovine animal ; whereas a change system is applied uniformly, it is desirable, especially in the herd caused by seasonal factors or by the in view of experience with such systems in the past, to replacement of animals, but which overall does not specify as precisely as possible the conditions for the affect the farmer's ability to fulfil his obligation, granting of premiums ; should be taken into account by calculating the number of livestock units for each calendar year in such a way that animals kept for a short period and Whereas, in order to ensure that a check can be kept animals whose classification changes in the course of throughout the period to which the obligations under the year as a result of age are counted on a calendar the scheme relate, it is necessary to provide a means year basis ; of identification in respect not only of dairy cows but of all female animals suitable for milk production ; whereas all such animals must therefore be registered Whereas, in order that a check may be kept on and marked and their particulars entered on an iden­ compliance with the obligation not to use areas under tity card, by means of which it may be checked whether the use of the animal has been in accordance forage for milk production, all such areas must be registered and, since an unforeseen change of use is with the rules ; whereas, however, since a system of possible, all areas belonging to the holding must in identity cards is open to abuse in the event of the fact be registered ; animals being sold, it is desirable that it be clearly brought home to farmers that they are to be respon­ sible for its return , thus ensuring that they will not sell their animals without making the necessary provi­ Whereas premiums already paid must be recovered if sions for the card to be returned to them ; the obligations under the premium system are not met ; whereas, however, in certain cases, and in parti­ cular if the recipient is temporarily or permanently Whereas, in order where possible to avoid extra admi­ not in a position to fulfil these obligations by reason nistrative work, existing national marks and identity of circumstances beyond his control and which he cards may be used, provided cross-frontier trade is not cannot remedy save at disproportionate cost to involved ; himself (2 ), it appears justified to release him tempor­ arily or permanently from those obligations ; where? ', however, the obligations under the premium syst Whereas, when comparing quantities of milk and should continue to apply where the holding is trans milk products delivered, it is desirable to cover as long ferred ;

(») OJ No L 131 , 26 . 5 . 1977, p . 1 . (2 ) Recueil 1968 , 549 ; 1970, 1125 .

18 . 6 . 77 Official Journal of the European Communities No L 150/25

Whereas regular communications from the Member 2. The competent authority shall : States as to the number of applications submitted and approved are necessary in order that a check may be (a) determine the quantity of milk and milk products, kept on the operation of the premium system and its expressed as kilograms of milk, to be taken as uniform application ; whereas such communications having been supplied by the producer in the are also necessary for purposes of the report to the course of the calendar year 1976 for the purposes Council provided for in Article 13 of Regulation of calculating the premium ; this quantity shall be (EEC) No 1078/77 ; determined by reference to the number of dairy cows as indicated in accordance with Article 1 (b) Whereas the measures provided for in this Regulation (aa) and the number as determined at the time the are in accordance with the opinion of the Manage­ application is approved ; a fall of 10 % or less in ment Committee for Milk and Milk Products, supplies as referred to in Article 1 (d) shall not, however, have the effect of reducing the quantity HAS ADOPTED THIS REGULATION : of milk to be taken into account ; (b) mark and register the holding's dairy herd and Article 1 issue for the animals concerned the identity cards provided for in Article 7 ; if an appropriate mark Applications for premiums for the non-marketing of or registration exists under national provisions this milk and milk products or for the conversion of dairy may be used, supplemented as necessary for the herds shall be lodged between 1 July 1977 and 31 purposes of the premium system . March 1978 with the competent authority appointed by the Member State concerned . Where, after the date on which the application was lodged, animals have been slaughtered by Applications shall for each producer include at least order of the public authorities under a disease erad­ the following particulars : ication programme, and the slaughter was carried (a) the type of premium applied for ; out within the period prescribed in such order, the (b) the total number of bovine animals and sheep animals in question shall be regarded as present kept on the holding at the time of the application , on the holding at the time when the application is with separate particulars as follows : approved ; (aa) the number of dairy cows as defined in Article 5 ( 1 ) (a), (c) determine, in the case of the reconversion (bb) the number of other female bovine animals premium , the number of other animals as speci­ as defined in Article 5 ( 1 ) (b), fied in Article 4 (2) present on the holding when (cc) in the case of the conversion premium , the the application is approved ; numbers of other animals, classified in accor­ (d) register the written undertaking required under dance with Article 4 (2) ; Article 2 (2) or 3 (2) of Regulation (EEC) No (c) the quantities of milk and milk products supplied 1078 /77 ; to other persons in the course of the calendar year 1976 ; in the case of supplies to dairies, such quan­ (e) register the total area farmed by the applicant. tities must be confirmed by the purchasers, or by a competent authority ; 3 . In the case of producers having supplied more (d) the quantities of milk and milk products supplied than 120 000 kilograms of milk in 1976 the premium in 1977 up to the end of the month preceding the shall be reduced in accordance with paragraph 2 (a) month in which the application was lodged and only if the deliveries in 1977 as indicated in accor­ during the same period in 1976 ; in the case of dance with Article 1 (d) give a quantity of milk of less applications lodged in 1978 the particulars shall than 120 000 kilograms . be given in respect of the calendar year 1977 ; in the case of supplies to dairies the quantities must 4. For the purpose of calculating the premium be confirmed by the purchasers or by a competent where the applicant is participating in a disease eradi­ authority ; cation programme, the increases provided for in the (e) a declaration by the producer stating that he is first indent of the second subparagraph of Article 4 (4) aware of the rules governing the premium system of Regulation (EEC) No 1078 /77 shall be calculated, for the non-marketing of milk and milk products as in the case of the quantity of milk determined in or the conversion of dairy herds to meat produc­ accordance with paragraph 2 (a), by reference to the tion . number of diseased animals ;

Article 2 Where both the alternatives set out in the second 1 . On receipt of the application the competent subparagraph of Article 4 (4) of Regulation ( EEC) No authority shall verify the particulars supplied pursuant 1078 / 77 are applicable the second alternative shall to Article 1 (b) to (d). apply .

No L 150/26 Official Journal of the European Communities 18 . 6 . 77

5. The producer shall notify the competent (d) 'area under forage means the total farmed agricul­ authority, before the beginning of the non-marketing tural area . or reconversion period, of the date of its commence­ ment, and this date shall be recorded on each identity 2. Only a heifer in respect of which the recipient card . has presented proof to the competent authorities that it calved or aborted nine months after it was counted in for the purposes of the rights and obligations Article 3 arising under this Regulation shall be recognized as a dairy cow or cow of a,, beef breed. For the purpose of calculating the quantities of milk and milk products the following conversion factors 3 . For purposes of the premium system, the dates shall apply in respect of milk products : of lodging and approval of the application shall be (a) 1 kilogram of milk equals 1 litre of milk, determined in accordance with national law . (b) 1 kilogram of butter equals 23 litres of milk, (c) 1 kilogram of cheese equals 10 litres of milk, Article 6 (d) 1 kilogram of milk fat equals 27 litres of milk. The amount of the premium granted shall be that applicable on the date of approval of the application. Article 4

1 . For the purposes of Article 3 (2) (c) of Regulation Article 7 (EEC) No 1078 /77 : (a) the reference date shall be the date when the appli­ 1 . For purposes of checking compliance with the cation for the conversion premium is approved ; obligations under the premium scheme, an identity card shall be issued in at least one original and one (b) the number of animals shall be calculated in live­ copy for each animal marked and registered in accor­ stock units in accordance with paragraph 2 ; dance with Article 2 (2) (b) ; the original shall accom­ (c) a corresponding number of livestock units shall be pany the animal concerned throughout the non-mar­ considered to be kept when the producer presents keting or reconversion period, or until slaughter or satisfactory proof, for each year of the conversion export ; the copy shall be kept by the issuing authority. period, that having regard to the period for which each animal is kept and to its livestock value in 2. The identity card shall conform with the speci­ that year as determined in accordance with para­ men set out in the Annex hereto . The size of the form graph 2, the number as calculated on an annual shall be 210 x 148 mm. The paper used for the orig­ average basis is not less than the number of live­ stock units at the reference date . inal shall be white and weigh at least 100 grams per square metre . 2. A livestock unit shall mean : The Member States shall be responsible for printing (a) one domestic bovine animal at least 12 months their own identity cards. Each identity card shall bear old ; a serial number permitting identification . (b) two domestic bovine animals between six and 12 months old ; 3 . Each Member State may use on its own territory an identity card issued under national law, provided (c) five sheep at least 12 months old. that such card contains the particulars required under this Regulation . Article 5 In the event of slaughter in another Member State on 1 . For purposes of the premium system : export, the identity card issued under national law (a) 'dairy cow means a female domestic bovine may not be used to claim entitlement to the animal suitable for the production of milk for premium . In such cases an identity card in accordance marketing purposes and having calved at least with paragraphs 1 and 2 shall be used. once ; this definition shall include in-calf heifers ; 4. Applicants for aid must obtain an identity card (b) 'dairy herd' means all female domestic bovine for each bovine animal as defined in Article 5 ( 1 ) (a) animals at least six month old suitable for the and (b) and shall keep such card for as long as they production of milk for marketing ; are subject to the obligations arising out of the (c) 'cow of a beef breed' means a female domestic premium system . bovine animal having calved at least once and belonging to one the breeds recognized as fit for 5. On each change of ownership the name, address meat production by the competent authority of and signature of the new owner shall be inserted on the Member State concerned ; the definition shall the identity card if the obligations arising under the include in-calf heifers of a beef breed ; premium system still apply to the animal concerned.

18 . 6 . 77 Official Journal of the European Communities No L 150/27

6. Save in the cases provided for in Article 6 of taken over by him . If necessary the competent Regulation (EEC) No 1078/77, in case of sale the authority shall recover all sums already paid to the animal shall be slaughtered or exported immediately. transferor. Slaughtering shall take place in a slaughter-house approved by the competent Member State. * Article 9 7. In case of export, the customs office through 1 . The Member States shall , not later than the end which the animal leaves the Community shall stamp of each month , inform the Commission of the and date the identity card after having checked the identity of the animal . The identity card shall then be number of applications approved by the competent authority during the previous month, including details returned to the exporter for transmission to the recip­ of the quantities of milk and milk products as referred ient of the premium, or returned direct to the latter. to in Article 2 (2) (a). 8 . In the event of the slaughter or death of the 2. Applications shall be classified according to the animal during the non-marketing or reconversion quantity of milk marketed by the holdings — the period, the competent authority shall certify the date number of dairy cows actually kept being indicated in of slaughter or death on the identity card and after each case — and separated according to whether they checking the identity of the animal, return the card to come within the terms of Article 2 (2), 2 (3) or 4 (4) of the holder for transmission to the recipient. Regulation (EEC) No 1078/77. 9. Death or export shall not be regarded as proved until the recipient of the premium returns the original Article 10 of the identity card stamped or certified in accordance with paragraphs 7 and 8 . 1 . In case of force majeure, the Member States may provide that the premiums already paid shall not be 10 . The approval of the application for a premium recoverable even if the obligations under the scheme shall state expressly that the recipient of the premium have not been fulfilled and, if necessary, the non-mar­ is responsible for returning the identity card and keting or reconversion period may be suspended for a suggest that, in the event of the animal being sold, he specified period and extended accordingly. makes appropriate contractual provision to ensure its return . 2. Provision for non-recovery of the premium may, in particular, be made in the following cases : Article 8 (a) death of the recipient, provided that he farmed his holding himself ; 1 . Where the recipient of a premium fails to prove (b) an extended period of disability such as to prevent to the satisfaction of the competent authority that he the recipient from carrying on his occupation, has complied with the obligations laid down in provided that he farmed his holding himself ; Article 2 or 3 of Regulation (EEC) No 1078/77, the (c) compulsory purchase of a substantial part of the Member State concerned shall take all necessary steps utilized agricultural area of the holding farmed by to recover all sums already paid in respect of that the recipient, provided that such compulsory premium . purchase was not foreseeable at the date when the application was approved. 2. The like provision shall apply where a person has taken over a holding and given an undertaking to 3 . Provision for suspension of the relevant period the competent authority to continue to fulfil the obli­ may, in particular, be made in the following cases : gations entered into by his predecessor. (a) a serious natural disaster substantially affecting the 3. Where the applicant fails to provide proof in land farmed by the recipient ; accordance with Article 7 that the animals have been (b) accidental destruction of buildings normally used used for the prescribed purposes, entitlement to the by the recipient for cattle or sheep farming premium shall be forfeited in respect of those animals purposes ; for which such proof is not furnished. (c) an outbreak of epizootic disease affecting all or part of the recipient's cattle or sheep herd. 4. Where the recipient of a premium intends to transfer his holding, or part thereof, to another person, 4 . The Member States shall inform the Commis­ he shall first notify the competent authority and indi­ sion of all cases of force majeure accepted as such by cate to what extent, if any, the transferee is to take them . over his obligations under the premium scheme. Article 11 The competent authority shall inform the transferee as to the exact scope of the rights and obligations This Regulation shall enter into force on 1 July 1977.

No L 150/28 Official Journal of the European Communities 18 . 6 . 77

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 15 June 1977. For the Commission Finn GUNDELACH Vice-President

EUROPEAN COMMUNITIES ANNEX Front the IDENTITY CARD No NON-MARKETING PREMIUM (* surgeon, CONVERSION PREMIUM 0 ORIGINAL

1 . Issuing authority : 2 . Producer :

veterinary Community. the slaughter-house,

3 . Exact description of animal 4 . Beginning of : non-marketing period (*) the Mark : conversion period f) left Breed : 19 the External features : ( Date) by animal case the (Signature of producer) to where 5 . The animal identified in section 3 — has been slaughtered (*) according office — has died (*) — has left the Community C) customs on 19 completed 19 . the be ( Place) ( Date ) or to 5 No inspector

Section meat : (Signature and stamp of issuing authority) (Signature and stamp) NB (*) Delete as appropriate .

Back

6 . Change of ownership of animal identified on front of card

7 . Name , forename and address of new owner : 8 . Date of change of ownership and signature of new owner :

Important note 1 . This identity card is valid only for such period as the non-marketing or conversion premium scheme under Regulation (EEC) No 1078 /77 applies to the abovementioned animal . 2. The return of this identity card to the issuing authority is a condition of entitlement to the premium .

EUROPEAN COMMUNITIES

NON-MARKETING PREMIUM Π IDENTITY CARD No CONVERSION PREMIUM Π COPY

1 . Issuing authority : 2 . Producer :

3 . Exact description of animal : 4. Beginning of : non-marketing period (") Mark : conversion period (*)

Breed : External features : 19 (Date)

on 19 ( date) , 19 (Place) (Date)

(Signature and stamp of issuing authority) C ) Delete as appropriate .