LegalizeCommission Regulation (EEC) No 1799/79 of 13 August 1979 amending Regulations (EEC) No 1391/78 and (EEC) No 2962/78 concerning the rules for 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 COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1078/77 of 17 May 1977 introducing a system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds(1), as last amended by Regulation (EEC) No 1270/79(2), and in particular Article 7 thereof,
Whereas the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds was extended until the end of the 1979/80 milk year; whereas, in the light of experience, certain provisions of Commission Regulation (EEC) No 1391/78 of 23 June 1978 laying down amended rules for the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds(3), as amended by Regulation (EEC) No 2962/78(4) should be adjusted;
Whereas it has proved necessary to specify in particular the provisions relating to cases of force majeure and to provide for only partial recovery of the conversion premium where the beneficiary no longer keeps the required stock numbers at the end of the conversion period; whereas, on the other hand, the beneficiary, having entered into the undertakings governing receipt of that premium, should be allowed subsequently to choose the system of non-marketing premiums, although, in such event, the amounts of the premium and the non-marketing period must be adjusted accordingly;
Whereas, as regards the identity cards issued as from 24 June 1978, Article 8 (5) of Regulation (EEC) No 1391/78 (inserted by Regulation (EEC) No 2962/78) allows a duplicate to be issued in the event of loss of the original; whereas it has proved advisable to apply that provision, at the request of any interested parties, to the identity cards issued prior to the above date;
Whereas the measures provided for in this Regulation are in accordance with the the opinion of the Management Committee for Milk and Milk Products,
HAS ADOPTED THIS REGULATION:
Regulation (EEC) No 1391/78 is hereby amended as follows:
The following Article 12a shall be inserted:
‘Article 12a
Before the end of the third year of the conversion period, each recipient of the conversion premium may declare in writing to the competent authority that he wishes to be considered as a recipient of the non-marketing premium, by accepting the conditions referred to in Article 2 and Article 4 (1) of Regulation (EEC) No 1078/77.
In such cases, the competent authority shall make the necessary adjustments to the approval initially issued and in particular shall adjust the non-marketing period and the amounts of the premium still not paid, on the basis of the situation which would have existed if the interested party had applied for the non-marketing premium from the beginning.’
The following paragraph shall be added to Article 15:
‘The provision contained in Article 8 (5) shall apply, at the request of interested parties, to the identity cards issued pursuant to Regulation (EEC) No 1307/77.’
The second paragraph of Article 2 of Regulation (EEC) No 2962/78 shall be deleted.
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 Brussels, 13 August 1979.
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