Opinion of Advocate General Van Gerven delivered on 15 October 1992

1 Original language: Dutch.

2 Regulation amending Regulations (EEC) No 797/85, (EEC) No 270/79, (EEC) No 1360/78 and (EEC) No 355/77 as regards agricultural structures, the adjustment of agriculture to the new market situation and the preservation of the countryside (OJ 1987 L 167, p. 1).

3 Regulation on improving the efficiency of agricultural structures (OJ 1985 L 93, p. 1).

4 Regulation amending Regulations (EEC) No 797/85 and (EEC) No 1760/87 as regards the set-aside of arable land and the extenfication and conversion of production (OJ 1988 L 106, p. 28).

5 In Regulation (EEC) No 2328/91 of 15 July 1991 (OJ 1991 L 218, p. 1) the Council has adopted a codified version of Regulation No 797/85. However, Regulation No 2328/91 was not yet applicable at the material time.

6 OJ 1988 L 361, p. 13.

7 Gazzella Ufficiale della Repubblica Italiana No 48 of 27 February 1990.

8 For example, in Article 1b(2) of Regulation No 797/85 extensilication is defined as a reduction of production without any increase in other surplus production capacity. However, such an increase shall be permitted in proportion to any increase in the utilized agricultural area of the farm. The same applies to Article 10(3) of implementing Regulation No 4115/88 which provides that where exlensitication is applied to livestock farming, the producer must undertake to sec that fodder production areas continue to be used to provide feed for the livestock on the holding.

9 See Article 1b(2) and (3)(a) of Regulation No 797/85 and Articles 2, 3, 4 and 7 and Annex 1 to Regulation No 4115/88.

10 I do not consider it necessary to consider further the Italian Government's arguments regarding the desirability of the Community scheme for aid for extensification to be better adapted to the situation of livestock rearers who do not possess land. Those are arguments that must be submitted to the Community legislature and not to the Court of Justice in the course of judicial proceedings.