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( 1 ) OJ NO C 90 , 21 . 4 . 1981 , P . 101 .

( 2 ) OPINION DELIVERED ON 25 AND 26 MARCH 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 4 ) OJ NO L 117 , 12 . 5 . 1979 , P . 4 .

( 1 ) OJ NO L 282 , 1 . 11 . 1975 , P . 49 .

COUNCIL REGULATION ( EEC ) NO 1196/81

OF 28 APRIL 1981

ESTABLISHING A SYSTEM OF AID FOR BEE-KEEPING IN RESPECT OF THE 1981/82 , 1982/83 AND 1983/84 MARKETING YEARS

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS , BECAUSE OF THE ACTION OF POLLINATION , BEE-KEEPING IS ESSENTIAL FOR MAINTAINING THE YIELDS OF A WIDE RANGE OF AGRICULTURAL CROPS ;

WHEREAS BEE-KEEPING SHOULD BE PROMOTED BOTH TO INCREASE HONEY PRODUCTION AND TO SAFEGUARD ENVIRONMENTAL EQUILIBRIUM ;

WHEREAS ALTHOUGH COMMUNITY BEE-KEEPING IS GENERALLY CONDUCTED ON A SMALL SCALE , IT IS NONETHELESS OF SOME IMPORTANCE TO THE ECONOMIES OF CERTAIN REGIONS IN THE COMMUNITY AND IS A SOURCE OF ADDITIONAL INCOME FOR FARMERS IN THOSE REGIONS ;

WHEREAS THE STRUCTURAL FEATURES AND THE NATURAL CONDITIONS OF PRODUCTION LIMIT THE PRODUCTIVITY OF BEE-KEEPING ; WHEREAS THE RECENT INCREASE IN THE COST OF WINTER FEED AND THE WEATHER CONDITIONS OF THE LAST MARKETING YEARS HAVE AGGRAVATED THE SITUATION ;

WHEREAS PREMIUMS FOR DENATURING WHITE SUGAR FOR FEEDING BEES ARE NOT TO BE CONTINUED IN 1981 ;

WHEREAS , UNDER THOSE CIRCUMSTANCES , AID SHOULD BE GRANTED TO THIS SECTOR OVER A PERIOD LONG ENOUGH TO ENABLE THE INITIATION OF A PROCESS OF LONG-TERM IMPROVEMENT ;

WHEREAS EXPENDITURE INCURRED BY MEMBER STATES AS A RESULT OF OBLIGATIONS UNDER THIS REGULATION SHOULD BE FINANCED BY THE COMMUNITY , PURSUANT TO ARTICLE 3 OF COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 929/79 ( 4 ),

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOR THREE SUCCESSIVE MARKETING YEARS , BEGINNING WITH THE 1981/82 MARKETING YEAR , MEMBER STATES SHALL GRANT AID FOR BEE-KEEPING .

FOR THE PURPOSES OF THIS REGULATION , THE MARKETING YEAR SHALL START ON 1 JULY AND FINISH ON 30 JUNE .

ARTICLE 2

1 . THE AID SHALL TAKE THE FORM OF A SPECIFIC CONTRIBUTION TO ASSOCIATIONS OF BEE-KEEPERS WHICH ARE RECOGNIZED BY THE MEMBER STATE WITHIN WHOSE TERRITORY THE ASSOCIATIONS HAVE THEIR MAIN ESTABLISHMENT , ACCORDING TO THE NUMBER OF HIVES IN PRODUCTION .

MEMBER STATES MAY DESIGNATE AS RECOGNIZED ASSOCIATIONS ONLY THOSE ASSOCIATIONS WHICH MEET THE REQUIREMENTS OF THIS REGULATION , COMPLIANCE WITH THESE REQUIREMENTS BEING LEFT TO THE DISCRETION OF THE MEMBER STATE CONCERNED .

2 . SUCH AID SHALL BE GRANTED ON THE REQUEST OF THOSE ASSOCIATIONS AND THE AMOUNT IS HEREBY FIXED AT 1 ECU PER HIVE IN PRODUCTION AND PER MARKETING YEAR .

ARTICLE 3

1 . FOR THE PURPOSE OF THIS REGULATION , ASSOCIATIONS OF BEE-KEEPERS MEANS ANY ORGANIZATION OF HOLDERS OF HIVES , FORMED ON THE INITIATIVE OF PRODUCERS THEMSELVES FOR PURPOSES , IN PARTICULAR , OF :

( A ) PROMOTING THE INDIGENOUS PRODUCTION OF HONEY ;

( B ) IMPROVING THEIR TECHNIQUES ;

( C ) PROTECTING THE ECONOMIC INTERESTS OF THEIR MEMBERS .

2 . ONLY THOSE ASSOCIATIONS WHICH ENTER INTO AN UNDERTAKING NOT TO EXCLUDE NON-MEMBER BEE-KEEPERS FROM THE BENFITS OF THE GRANT RECEIVED SHALL BE ELIGIBLE FOR GRANTS .

3 . THE NUMBER OF HIVES IN PRODUCTION TAKEN FOR CALCULATING THE AMOUNT OF AID SHALL BE THAT WHICH THE HOLDERS DECLARE TO THE ASSOCIATION AS BEING MAINTAINED ON A REGULAR BASIS THROUGHOUT THE MARKETING YEAR FOR WHICH THE AID IS GRANTED . A HOLDER MAY SUBMIT ONLY ONE DECLARATION , PRODUCING ANY SUPPORTING DOCUMENTS REQUESTED BY THE COMPETENT AUTHORITY OF THE MEMBER STATE . SUCH DECLARATION SHALL BE KEPT BY THE ASSOCIATION .

ARTICLE 4

1 . APPLICATIONS FOR AID SHALL BE SUBMITTED NOT LATER THAN 31 MAY PRECEDING THE MARKETING YEAR FOR WHICH THE AID IS GRANTED .

HOWEVER , FOR THE 1981/82 MARKETING YEAR , APPLICATIONS FOR AID SHALL BE SUBMITTED NOT LATER THAN 31 JULY 1981 .

2 . THE MEMBER STATE SHALL PAY THE AMOUNT OF AID TO THE ASSOCIATION IN THE THREE MONTHS FOLLOWING THE DEADLINE FOR THE LODGING OF THE APPLICATION .

ARTICLE 5

1 . THE ASSOCIATIONS MAY USE THE AID GRANTED FOR THE PURCHASE OF FEEDING SUGAR TO BE DISTRIBUTED AT REDUCED PRICES TO REGISTERED HOLDERS WITHIN THE LIMIT OF 5 KG PER HIVE , OR FOR GENERAL PROGRAMMES FOR THE IMPROVEMENT OF HONEY PRODUCTION , TECHNOLOGY AND MARKETING APPROVED IN ADVANCE BY THE MEMBER STATES .

2 . THE PROGRAMMES REFERRED TO IN PARAGRAPH 1 MAY COVER , IN PARTICULAR :

- TEACHING AND TRAINING PROJECTS ,

- DISEASE CONTROL AND PREVENTION AND RESEARCH IN THESE AREAS ,

- COOPERATIVE MARKETING AND QUALITY CONTROL OF THE PRODUCT ,

- BREEDING STATIONS , IMPROVEMENT IN REPRODUCTION AND SELECTION , AND THE MIGRATION OF BEES BETWEEN REGIONS .

3 . AS FROM THE 1982/83 MARKETING YEAR THE COUNCIL SHALL , ACTING ON A PROPOSAL FROM THE COMMISSION , FIX , BEFORE 1 MARCH PRECEDING THE MARKETING YEAR FOR WHICH THE AID IS GRANTED , THE MAXIMUM PERCENTAGE WHICH MAY BE DEVOTED TO THE PURCHASE OF FEEDING SUGAR .

ARTICLE 6

ASSOCIATIONS OF BEE-KEEPERS SHALL :

- KEEP SEPARATE ACCOUNTS FOR THE ACTIVITIES FOR WHICH THE GRANT HAS BEEN USED ,

- SUBMIT TO THE COMPETENT AUTHORITY OF THEIR MEMBER STATE NOT LATER THAN THREE MONTHS AFTER THE END OF THE MARKETING YEAR FOR WHICH THE AID HAS BEEN GRANTED , A REPORT ON THE ACTION UNDERTAKEN .

ARTICLE 7

1 . THE MEMBER STATES SHALL SUBMIT , NOT LATER THAN SIX MONTHS AFTER THE END OF EACH OF THE THREE MARKETING YEARS , A REPORT ON THE APPLICATION OF THIS REGULATION .

2 . THE COMMISSION SHALL SUBMIT TO THE COUNCIL BEFORE 1 JULY 1983 A REPORT ON THE IMPLEMENTATION OF THIS REGULATION , WITH A VIEW TO MAKING SUGGESTIONS FOR THE MOST APPROPRIATE COMMON MEASURES TO BE APPLIED IN FUTURE .

ARTICLE 8

1 . DETAILED RULES FOR IMPLEMENTING THIS REGULATION , IN PARTICULAR , THOSE CONCERNED WITH DISTRIBUTING THE AID TO BEE-KEEPERS WHO ARE NOT MEMBERS OF AN ASSOCIATION , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 17 OF REGULATION ( EEC ) NO 2771/75 ( 1 ).

2 . MEMBER STATES AND THE COMMISSION SHALL HOLD REGULAR EXCHANGES OF VIEWS ON THE APPLICATION OF THIS REGULATION , IN PARTICULAR UNDER THE PROCEDURE PROVIDED FOR IN ARTICLE 18 OF REGULATION ( EEC ) NO 2771/75 .

ARTICLE 9

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

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

DONE AT LUXEMBOURG , 28 APRIL 1981 .

FOR THE COUNCIL

THE PRESIDENT

J . DE KONING