No L 206/12 Official Journal of the European Communities 14. 8. 79 COMMISSION 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 (!), 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 (*) should be adjusted ; Whereas it has proved necessary to specify in parti- cular the provisions relating to cases of force majeure and to provide for only partial recovery of the conver- sion premium where the beneficiary no longer keeps the required stock numbers at the end of the conver- sion period ; whereas, on the other hand, the benefi- ciary, 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 Manage- ment Committee for Milk and Milk Products, (1) OJ No L 131, 26. 5. 1977, p. 1. () O] No L 161, 29. 6. 1979, p. 10. () O] No L 167, 24. 6. 1978, p. 45. () OJ No L 352, 16. 12. 1978, p. 23. HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1391/78 is hereby amended as follows : 1. Article 12 shall be replaced by the following : ‘Article 12 1. Where, by reason of a case of force majeure occurring after the day on which the application for a premium has been approved, the beneficiary or his successor referred to in Article 9 (2) is unable, or would be able only at the cost of exces- sive sacrifices, to fulfil an obligation arising from the system of premiums, the Member State concerned shall determine the measures which it shall deem necessary with regard to the circum- stances invoked. Such measures may, according to the case, entail postponing the beginning of the non-marketing or conversion period referred to in Article 5 (3) or the suspension of the obligations for a specific length of time during that period and the non-recovery of the premiums already paid, which would have to be refunded in accordance with Article 9 (1). 2. Without prejudice to specific circumstances to be taken into consideration in individual cases, the following situations in particular may be deemed to justify one of the measures referred to in paragraph 1: (a) decease of the beneficiary if he ran the holding himself ; (b) prolonged occupational incapacity of the benefi- ciary if he ran the holding himself; (c) compulsory purchase of a substantial part of the utilized agricultural area of the holding farmed by the beneficiary, provided that such compul- sory purchase was not foreseeable on the day on which the application was approved ;