31978R0036
No L 7/ 6 Official journal of the European Communities 10 . 1 . 78
COMMISSION REGULATION ( EEC) No 36/ 78 of 9 January 1978 on certain special cases as regards the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds
THE COMMISSION OF THE EUROPEAN first subparagraph of Article 3 ( 1 ) of Regulation (EEC) COMMUNITIES , No 1078 / 77 and deliveries in 1977 in accordance with Article 1 (d) of Regulation (EEC) No 1307/77 shall Having regard to the Treaty establishing the European mean deliveries from the holding managed on the day Economic Community, the application was lodged, even if the applicant has Having regard to Council Regulation (EEC) No not worked the holding for the entire duration of the 1078 /77 of 17 May 1977 introducing a system of periods concerned . premiums for the non-marketing of milk and milk products and for the conversion of dairy herds ( J ), and in particular Article 7 thereof, Article 2 Whereas, since Regulation (EEC) No 1078/77 was first applied, problems of interpretation have arisen and in some cases it has not been possible to clarify them Where the recipient of the premium acquires, during fully in the light of the said Regulation or of Commis the period to which his undertakings apply, a holding sion Regulation (EEC) No 1307/77 of 15 June 1977 supplying milk or milk products or part of such a laying down rules for the application of the system of holding this shall not entail the extension of the premiums for the non-marketing of milk and milk undertakings to the acquired areas, provided that : products and the conversion of dairy herds (2) ; whereas, however, particularly in the interests of the (a) the holding concerned is inherited or otherwise farmers concerned, legal uncertainty on such ques transferred free, and the holding or part of the tions should be removed wherever possible so that the holding acquired is totally separate from the rights and obligations arising from the system of existing holding at the time of the approval of the premiums are easily recognizable and clearly defined ; application ; Whereas, where a farm is taken over during the refer (b) the new holding is acquired with a view to ence period , the milk deliveries on the basis of which changing holdings and the first holding is trans the premium is calculated should include those made ferred at the latest at the end of the current vegeta by the predecessor ; tion period along with the successor's undertaking Whereas, where the farm or parts thereof are taken pursuant to the first subparagraph of Article 6 ( 1 ) over, certain questions arise as to the scope of the obli of Regulation (EEC) No 1078/77. gations transferred to the successor ; whereas those questions must be settled in the light of the aims of the premium system and the possibilities for checks ; Article 3 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage This Regulation shall enter into force on the third day ment Committee for Milk and Milk Products, following its publication in the Official Journal of the European Communities. HAS ADOPTED THIS REGULATION : Article 1 On application by the recipient, it shall apply to Deliveries during the 1976 calendar year within the approvals issued for the granting of premiums prior to meaning of Article 2 ( 1 ) and the first indent of the its entry into force .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 9 January 1978 . For the Commission Finn GUNDELACH Vice-President
(') OJ No L 131 , 26. 5 . 1977, p. 1 . (2) OJ No L 150, 18 . 6 . 1977, p . 24.