24. 6. 78 Official Journal of the European Communities No L 167/45 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, herds 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 1041/78 (2), and in particular Article 7 thereof, ‘Whereas application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds has been extended; whereas certain conditions laid down in Regulation (EEC) No .1078/77 have been amended; whereas, therefore, Commission Regulation (EEC) No 1307/77 of 15 June 1977 laying down rules for the application of the system of premiums for the non-marketing of milk and milk products and the conversion of dairy herds (), as last amended by Regulation (EEC) No 689/78 (*), should be amended accordingly, whereas experience requires that some of the rules should be clarified so as to assist their application ; whereas, for the sake of clarity, it would appear advisable to repeal Regulation (EEC) No 1307/77 and to adopt a new text incorporating the provisions of Commission Regula- tion (EEC) No 36/78 of 9 January 1978 on certain special cases as regards the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds (%); Whereas, in order to ensure that a check can be kept throughout the period to which the obligations under the scheme relate, it is necessary to know not only the numbers of dairy cows but also the numbers of all- female animals suitable for milk production ; whereas all such animals must therefore be registered and marked and their particulars entered on an identity card, by means of which it may be checked whether the use of the animal has been in accordance with the (1) OJ No L 131, 26. 5. 1977, p. 1. () OJ No L 134, 22. 5. 1978, p. 9. (®) OJ No L 150, 18. 6. 1977, p. 24. (4 OJ No L 93, 7. 4. 1978, p. 17. () OJ No L 7, 10. 1. 1978, p. 6. rules ; whereas, however, since a system of identity cards is open to abuse in the event of the animals being sold, it is desirable that it be made clear to farmers that they are to be responsible for its return, thus ensuring that they will not sell their animals without- making the necessary provisions for the card to be returned to them ; : Whereas in order to avoid any extra administrative work, existing national marks and identity cards may be used, cross-frontier trade is not involved ; Whereas, for the purposes of the conversion premium, the number of the various animals which the farmer may keep on his holding must be calculated in terms of a livestock unit equal to one adult bovine animal ; whereas, since a change in the herd may be caused by seasonal factors or by the replacement of animals, without affecting the farmer’s ability to fulfil his obli- gation, the number of livestock units should be calcu- lated for each yeat in such a way that animals kept for a short period and animals whose classification changes in the course of the year as a result of age are counted on a year basis; Whereas, in order that a check may be kept on compliance with the obligation not to use areas under forage for milk production, all such areas must be registered and, since an unforeseen change of use is possible, all areas belonging to the holding must in fact be registered ; Whereas premiums already paid must be recovered if the obligations under the premium system are not met ; whereas, however, in certain cases, and in parti- cular if the recipient is temporarily or permanently unable to fulfil these obligations by reason of circum- stances beyond his control and which he cannot remedy save at disproportionate cost to himself (¢), it appears justified to release him temporarily or perma- nently from those obligations ; whereas, however, the obligations under the premium system should continue to apply where the holding is transferred ; (6) ECR 1968, 549 and 1970, 1125.