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( 1 ) OJ NO L 140 , 5 . 6 . 1980 , P . 1 .

( 2 ) OJ NO L 106 , 29 . 4 . 1977 , P . 27 .

( 3 ) OJ NO L 140 , 5 . 6 . 1980 , P . 19 .

( 4 ) OJ NO L 188 , 1 . 8 . 1968 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 1885/80

OF 15 JULY 1980

LAYING DOWN DETAILED RULES IMPLEMENTING THE SYSTEM OF PREMIUMS FOR

MAINTAINING SUCKLER COWS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1357/80 OF 5 JUNE 1980 INTRODUCING A SYSTEM OF PREMIUMS FOR MAINTAINING SUCKLER COWS ( 1 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 878/77 OF 26 APRIL 1977 ON THE EXCHANGE RATES TO BE APPLIED IN AGRICULTURE ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1366/80 ( 3 ), AND IN PARTICULAR ARTICLES 4 ( 3 ) AND 5 ( 1 ) THEREOF ,

WHEREAS REGULATION ( EEC ) NO 878/77 PROVIDES THAT , WITH REGARD TO THE EFFECT ON RIGHTS AND OBLIGATIONS EXISTING AT THE TIME WHEN A REPRESENTATIVE RATE IS ALTERED , THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 1134/68 ( 4 ), LAID DOWN IN RESPECT OF THE ALTERATION OF THE RELATIONSHIP BETWEEN THE PARITY OF A MEMBER STATE ' S CURRENCY AND THE VALUE OF THE UNIT OF ACCOUNT , SHALL APPLY ; WHEREAS , HOWEVER , BY VIRTUE OF ARTICLE 4 ( 3 ) OF REGULATION ( EEC ) NO 878/77 , THE ABOVE PROVISIONS MAY BE DEROGATED FROM ;

WHEREAS , FOR FIXING THE AMOUNT OF THE PREMIUM IN NATIONAL CURRENCY , THE REPRESENTATIVE RATE IN FORCE ON 1 JUNE OF EACH YEAR SHOULD BE USED ; WHEREAS , HOWEVER , FOR THE 1980/81 MARKETING YEAR THIS RATE IS THAT IN FORCE ON 11 AUGUST 1980 ;

WHEREAS IT IS NECESSARY TO SPECIFY THE TERMS ON WHICH THE PREMIUM IS TO BE GRANTED AND , IN PARTICULAR , THE PERIOD DURING WHICH APPLICATIONS FOR THE GRANTING OF PREMIUMS MAY BE LODGED ;

WHEREAS THE GRANTING OF THE ADDITIONAL PREMIUM PROVIDED FOR IN ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 1357/80 IMPLIES THE GRANTING OF THE PREMIUM PROVIDED FOR IN ARTICLE 1 OF THAT REGULATION ; WHEREAS , HOWEVER , THE OTHER CONDITIONS FOR GRANTING MAY BE DETERMINED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES CONCERNED ;

WHEREAS PREMIUMS ALREADY PAID MUST BE RECOVERED IF THE OBLIGATIONS UNDER THE PREMIUM SYSTEM ARE NOT MET ; WHEREAS , HOWEVER , IN CERTAIN CASES , AND IN PARTICULAR IF THE RECIPIENT IS TEMPORARILY OR PERMANENTLY NOT IN A POSITION TO FULFIL SUCH OBLIGATIONS BY REASON OF CIRCUMSTANCES BEYOND HIS CONTROL AND WHICH HE CANNOT REMEDY SAVE AT DISPROPORTIONATE COST TO HIMSELF , IT APPEARS WARRANTED TO PROVIDE FOR THE RIGHT TO PREMIUMS TO BE MAINTAINED ; WHEREAS , MOREOVER , THE OBLIGATIONS UNDER THE PREMIUM SYSTEM MAY ALSO APPLY WHERE A HOLDING IS TRANSFERRED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR BEEF AND VEAL ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . APPLICATIONS FOR THE PREMIUM FOR MAINTAINING SUCKLER COWS SHALL BE LODGED WITH THE COMPETENT AUTHORITY DESIGNATED BY EACH MEMBER STATE BETWEEN 1 JUNE AND 31 JULY EACH YEAR IN RESPECT OF SUCKLER COWS HELD ON THE DAY ON WHICH THE APPLICATION IS LODGED . HOWEVER , FOR THE 1980/81 MARKETING YEAR , APPLICATIONS SHALL BE LODGED BETWEEN 11 AUGUST AND 31 OCTOBER 1980 OR UP TO A DATE PRIOR TO 31 OCTOBER AS PRESCRIBED BY THE MEMBER STATE CONCERNED .

2 . IN ORDER TO BE ADMISSIBLE , APPLICATIONS SHALL INCLUDE IN PARTICULAR THE UNDERTAKINGS PROVIDED FOR IN ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1357/80 AS WELL AS A DECLARATION BY THE PRODUCER ATTESTING THAT HE UNDERTAKES TO ABIDE BY THE ABOVEMENTIONED REGULATION , THIS REGULATION AND THE MEASURES TAKEN BY THE MEMBER STATE CONCERNED FOR THE PURPOSE OF APPLYING THEM .

IN ADDITION , THE APPLICANT MUST DECLARE IN WRITING WHEN SUBMITTING THE APPLICATION :

- THAT NEITHER MILK NOR MILK PRODUCTS COMING FROM THE BOVINE HERD KEPT ON THE HOLDING WHICH HE FARMS WILL BE DISPOSED OF , EITHER IN RETURN FOR PAYMENT OR OTHERWISE ,

- THAT THE HERD ON THE HOLDING WILL BE USED FOR BREEDING CALVES BELONGING TO ONE OF THE MEATPRODUCING BREEDS REFERRED TO IN ARTICLE 5 ( 4 ) OF REGULATION ( EEC ) NO 1357/80 OR PRODUCED BY CROSSING WITH ONE OF THOSE BREEDS .

3 . AFTER CARRYING OUT THE NECESSARY CHECKS , THE COMPETENT AUTHORITY SHALL INFORM EACH APPLICANT OF THE RESULT OF HIS APPLICATION . HOWEVER , IN THE CASES WHERE APPLICATIONS ARE ACCEPTED , THE AUTHORITY MAY PAY THE PREMIUM WITHOUT FIRST SO ADVISING THE APPLICANT .

ARTICLE 2

1 . THE ADDITIONAL PREMIUM PROVIDED FOR IN ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 1357/80 SHALL BE GRANTED ONLY TO PRODUCERS WHO ARE ELIGIBLE FOR THE PREMIUM PROVIDED FOR IN ARTICLE 1 OF THAT REGULATION .

2 . THE COMPETENT AUTHORITIES OF THE MEMBER STATES CONCERNED SHALL DETERMINE , WHERE APPROPRIATE , THE ADDITIONAL CONDITIONS FOR GRANTING THE SAID ADDITIONAL PREMIUM AND SHALL INFORM THE COMMISSION THEREOF WITHIN THE TIME LIMIT LAID DOWN IN ARTICLE 7 ( 1 ).

ARTICLE 3

1 . THE AMOUNT FIXED IN ARTICLE 3 ( 1 ) OF REGULATION ( EEC ) NO 1357/80 SHALL BE PAID WITHIN 12 MONTHS FOLLOWING THE BEGINNING OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ).

2 . THE CONVERSION RATE TO BE APPLIED TO THE AMOUNTS REFERRED TO IN PARAGRAPH 1 AND IN ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 1357/80 SHALL BE THE REPRESENTATIVE RATE IN FORCE ON 1 JUNE OF EACH YEAR . HOWEVER , FOR THE 1980/81 MARKETING YEAR , THE CONVERSION RATE SHALL BE THE REPRESENTATIVE RATE IN FORCE ON 11 AUGUST 1980 .

ARTICLE 4

1 . THE COMPETENT AUTHORITIES DESIGNATED BY EACH MEMBER STATE SHALL CARRY OUT ADMINISTRATIVE CHECKS SUPPLEMENTED BY RANDOM OR IF NECESSARY SYSTEMATIC FIELD CHECKS :

( A ) ON THE NUMBER OF SUCKLER COWS ON THE HOLDING FARMED BY THE BENEFICIARY ; AND

( B ) TO ENSURE THAT THE UNDERTAKINGS PROVIDED FOR IN ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1357/80 ARE BEING COMPLIED WITH .

2 . WHERE THE BENEFICIARY HAS NOT DEMONSTRATED TO THE SATISFACTION OF THE COMPETENT AUTHORITIES THAT HE IS COMPLYING WITH THE UNDERTAKINGS PROVIDED FOR IN ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1357/80 , THE MEMBER STATE CONCERNED SHALL RECOVER THE AMOUNTS OF THE PREMIUMS AND , WHERE APPROPRIATE , OF THE ADDITIONAL PREMIUMS .

3 . WHERE THE HOLDING IS TRANSFERRED PRIOR TO THE EXPIRY OF THE PERIOD OF 12 MONTHS SPECIFIED IN ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1357/80 , THE SUCCESSOR MAY GIVE A WRITTEN UNDERTAKING TO THE COMPETENT AUTHORITY TO CONTINUE CARRYING OUT THE OBLIGATIONS ENTERED INTO BY HIS PREDECESSOR . IN SUCH CASE , IF THE SUCCESSOR HAS NOT DEMONSTRATED TO THE SATISFACTION OF THE COMPETENT AUTHORITIES THAT HE IS COMPLYING WITH THOSE OBLIGATIONS , THE MEMBER STATE CONCERNED SHALL RECOVER FROM HIM THE SUMS PAID TO HIS PREDECESSOR .

4 . HOWEVER , ENTITLEMENT TO THE PREMIUM SHALL BE MAINTAINED WHERE THE BENEFICIARY HAS BEEN UNABLE TO COMPLY WITH HIS UNDERTAKINGS FOR THE REASONS REFERRED TO IN ARTICLE 5 .

ARTICLE 5

1 . WITHOUT PREJUDICE TO THE PARTICULAR CIRCUMSTANCES TO BE TAKEN INTO CONSIDERATION IN INDIVIDUAL CASES , THE COMPETENT AUTHORITIES MAY ACCEPT AS JUSTIFICATION FOR THE MAINTENANCE OF THE RIGHT TO THE PREMIUMS THE FOLLOWING CASES OF FORCE MAJEURE IN PARTICULAR :

( A ) DECEASE OF THE BENEFICIARY ;

( B ) INABILITY OVER A LONG PERIOD ON THE PART OF THE BENEFICIARY TO CARRY OUT HIS JOB ;

( C ) EXPROPRIATION OF A MAJOR PART OF UTILIZED AGRICULTURAL AREA OF THE HOLDING FARMED BY THE BENEFICIARY , PROVIDED THAT SUCH EXPROPRIATION WAS NOT FORESEEABLE ON THE DAY ON WHICH THE APPLICATION WAS LODGED ;

( D ) A NATURAL DISASTER SERIOUSLY AFFECTING THE AGRICULTURAL AREA FARMED BY THE BENEFICIARY ;

( E ) ACCIDENTAL DESTRUCTION OF THOSE OF THE BENEFICIARY ' S BUILDINGS GIVEN OVER TO THE REARING OF BOVINE ANIMALS ;

( F ) AN EPIDEMIC AFFECTING SOME OR ALL OF THE BENEFICIARY ' S HERD OF CATTLE .

2 . MEMBER STATES SHALL INFORM THE COMMISSION OF CASES WHICH THEY RECOGNIZE AS CONSTITUTING FORCE MAJEURE .

ARTICLE 6

1 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION , NOT LATER THAN 10 DAYS FOLLOWING THE DATE OF THEIR IMPLEMENTATION , THE MEASURES TAKEN FOR THE PURPOSE OF INTRODUCING THE SYSTEM PROVIDED FOR BY REGULATION ( EEC ) NO 1357/80 AND , IN PARTICULAR , A LIST OF THE MEAT-PRODUCING BREEDS REFERRED TO IN ARTICLE 5 ( 4 ) OF THAT REGULATION .

2 . MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION NOT LATER THAN 31 DECEMBER EACH YEAR THE NUMBER OF COWS IN RESPECT OF WHICH THE PREMIUM HAS BEEN APPLIED FOR , AND NOT LATER THAN THE END OF THE MARKETING YEAR THE NUMBER OF SUCKLER COWS IN RESPECT OF WHICH AN APPLICATION HAS BEEN ACCEPTED .

ARTICLE 7

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY WITH EFFECT FROM 11 AUGUST 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 15 JULY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT