No L 214/12 Official Journal of the Buropean Communities 8.9.95 COMMISSION REGULATION (EC) No 2134/95 of 7 September 1995 amending Regulation (EEC) No 2814/90 and laying down certain detailed rules for the application of Council Regulation (EEC) No 3013/89 as regards the transfer of premium rights between members of the same producer groups and increasing the premium rights of certain sheepmeat and goatmeat producers in Italy and Greece THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3013/89 of 25 September 1989 on the common organization of the market in sheepmeat and goatmeat ('), as last amended by Regulation (EC) No 1265/95 (?), and in parti- cular Article 5 (1) and (9) and Article 5a (4) thereof, Having regard to Council Regulation (EEC) No 3901/89 of 12 December 1989 defining lambs fattened as heavy carcases (’), as last amended by Regulation (EC) No 1266/95 (%), Whereas the last subparagraph of Article 5a (4) (b) of Regulation (EEC) No 3013/89 stipulates that the provi- sion whereby, in the case of a transfer of premium rights without transfer of the holding, a part of the premium rights is to be surrendered without compensation to the national reserve does not apply to members of the same producer groups meeting certain conditions to be deter- mined by the Commission in accordance with the proce- dure provided for in Article 30; whereas, in order to prevent irregularities, minimum conditions should conse- quently be laid down, the Member States being autho- rized, where applicable, to lay down additional condi- tions ; whereas the penalties applying where such condi- tions are not met should also be specified; Whereas the third and following subparagraphs of Article Sb (1) of Regulation (EEC) No 3013/89 provide for the establishment of special reserves with a ceiling of 600 000 rights for both Italy and Greece to permit them to grant additional rights to certain producers ; whereas that Regu- lation lays down criteria for identifying such producers and for determining their additional rights and provides for a verification procedure by the Commission ; whereas to that end provision should be made for a single centra- lized register to be kept by each Member State so that the () OJ No L 289, 7. 10. 1989, p. 1. () OJ No L 123, 3. 6. 1995, p. 1. {) OJ No L 375, 23. 12. 1989, p. 4. () OJ No L 123, 3. 6. 1995, p. 3. producers concerned can be located and all the details needed for such verification are available ; whereas, in addition, the penultimate subparagraph of the abovemen- tioned Article 5b (1) provides that such verification must ensure that the additional rights will be allocated in such a way that such producers do not ultimately obtain more rights than would have been granted them had the situa- tion which led to the creation of additional rights not occurred ; whereas to that end provision should be made for the contribution referred to in the first subparagraph of abovementioned Article 5b (1) not to be included in the national reserve so that producers other than those referred to above may not benefit under the measure provided for in this Regulation ; Whereas the newly created additional rights constitute compensation by virtue of the fact that in Italy and Greece, 1991, which was the reference marketing year for determining rights, coincided with the switchover between two different premium systems resulting in under-estimation of rights ; whereas the producers receiv- ing such additional rights should not therefore be pena- lized by applying to them the condition laid down in Article 6 (1) of Commission Regulation (EEC) No 3567/92 (%), as last amended by Regulation (EC) No 1847/95(; Whereas the second subparagraph of Article 1 (1) of Regulation (EEC) No 3901/89 provides for the introduc- tion of a simplified procedure for verification of fattening as heavy carcases with regard to lambs belonging to a limited number of meat breeds reared in geographically well-defined areas; whereas to that end Commission Regulation (EEC) No 2814/90 of 28 September 1990 laying down detailed rules for the definition of lambs fattened as heavy carcases (), as last amended by Regula- tion (EC) No 277/94 (%), should be amended to simplify the administrative verification procedure laid down while maintaining the obligation on producers to show they have actually fattened as heavy carcases all lambs born on () OJ No L 362, 11. 12. 1992, p. 41. (9 OJ No L 177, 28. 7. 1955, p. 32. () O No L 268, 29. 9. 1990, p. 3. () OJ No L 36, 8. 2. 1994, p. 3.