Proposal for a

COUNCIL REGULATION (EC) No . . .

of . . .

amending Regulation (EEC) No 3013/89 on the common organization of the market in sheepmeat and goatmeat

(96/C 125/18)

96/0069(CNS)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas, in accordance with Article 5c (3) of Council Regulation (EEC) No 3013/89 on the common organization of the market in sheepmeat and goatmeat of 25 September 1983 (1), as last amended by Regulation (EC) No 1265/95 (2), the Commission has submitted a report to the Council with proposals for the application in the territories of the new German Laender of the individual producer limits applicable in the rest of the Community; whereas, in this report, it is concluded that the restructuring process in the sheep sector in the new German Laender is not yet completed; whereas it is therefore necessary to redefine the conditions under which special provisions may be adopted by Germany in order to take account of the specific problems which remain in the new Laender;

Whereas, in order to effect a smooth passage from the current provisions in the territories of the new German Laender to the premium regime applicable in the rest of the Community, certain temporary measures may be found to be necessary;

Whereas Article 7 (2) of Regulation (EEC) No 3013/89 provides that where certain market price criteria are met the decision to grant private storage aid may be taken only in the context of a tendering procedure; whereas experience has shown that, even where the abovementioned price criteria are met, private storage aid could be made more effective in certain cases if the amount of the aid was fixed in advance; whereas it is therefore necessary to authorize advance fixing of the aid, regardless of the market price level, provided that the general conditions for the grant of private storage aid are met;

Whereas it is necessary to amend Regulation (EEC) No 3013/89,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3013/89 is hereby amended as follows:

1. Article 5c is replaced by the following:

'Article 5c

1. By way of derogation from Article 5a (1), for the new Laender of Germany:

(a) a regional ceiling of 1 million eligible animals shall be fixed;

(b) Germany shall determine the conditions for the distribution of this ceiling and its regional breakdown.

2. In the territories of the new German Laender, not later than the marketing year 2000, Germany shall apply the provisions on individual limits applicable in the rest of the Community, subject to the provisions of this Article.

Germany shall notify producers of their individual limit per producer, in respect of the granting of the premium provided for in Article 5. The individual producer limit shall be determined on the basis of the number of ewes for which premium was paid in the marketing year preceding the year in which notification to producers of their individual limits was made.

3. In the case of natural circumstances which led to a non-payment or to a reduced payment for the reference year, the number of animals corresponding to the payments made during the most recent marketing year shall be used. In the case of non-payment of the premium or of reduced payment for the reference year, as a result of the imposition of penalties provided for to that end, the number recorded during the check which gave rise to those penalties shall be used.

4. In the event that the sum of the individual limits of producers whose holdings are situated in the new German Laender does not exceed the regional ceiling fixed for this territory, the remaining rights shall be cancelled except for a proportion of rights, calculated as a maximum of 3 % of the sum of the individual limits, which are to be added to the German national reserve, referred to in Article 5b (1). The new reserve thus constituted shall be applicable in the entire German territory. However, under no circumstances shall the sum of the individual limits allocated to producers in the new German Laender plus the extra allocation of rights to the German national reserve exceed 1 million rights.

5. The Commission shall lay down, if necessary, the detailed rules for implementing this Article in accordance with the procedure provided for in Article 30.`

2. Article 7 (2) is deleted.

Article 2

The Commission shall lay down, if necessary and in accordance with the procedure provided for in Article 30, temporary measures to facilitate the transition from the existing arrangements in the new German Laender to those laid down in Article 1 (1) of this Regulation.

Article 3

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 . . .

For the Council

. . .

(1) OJ No L 289, 7. 10. 1989, p. 1.

(2) OJ No L 123, 3. 6. 1995, p. 1.