3.6.95 Official Journal of the European Communities No L 123/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1265/95 of 29 May 1995 amending Regulation (EEC) No 3013/89 on the common organization of the market in sheepmeat and goatmeat 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 Parlia- ment (3, Having regard to the opinion of the Economic and Social Committee (%), Whereas by Regulation (EEC) No 2069/92 () amending Regulation (EEC) No 3013/89 (%), the Council imposed, with effect from the 1993 marketing year, an individual limit per producer in respect of the grant of the ewe and goat premiums ; Whereas the grant of an individual limit per producer for obtaining the right to the premium has given rise to administrative difficulties in the case of certain groups of producers, in particular family groups, during the transfer of premium rights between members of the said groups ; whereas, therefore, for reasons of correct administration, provision should be made for certain groups to be exempted, under certain conditions, from payment to the national reserve of the percentage of rights provided for in the case of a transfer of rights without transfer of holding ; whereas that provision must not lead to an increase in individual rights currently allocated in each Member State, nor give rise to the formation of new producer groups created with the sole aim of avoiding payment to the national reserve of the percentage of rights provided for in the case of a transfer of rights without transfer of holding ; Whereas the individual limit was established on the basis of the total amount of premiums granted for the 1991 marketing year for each producer ; whereas in Italy and in Greece, because that marketing year was a year of transi- tion between two different premium systems, a number of producers were not able to submit an application for a OJ No C 382, 31. 12. 1994, p. 38. J No C 89, 10. 4. 1995. ) O] No C 133, 31. 5. 1995, p. 8. 4 OJ No L 215, 30. 7. 1992, p. 5. () OJ No L 289, 7.10. 1989, p. 1. Regulation as last amended by Regulation (EC) No 1886/94 (O] No L 197, 30. 7. 1994, p. 30) premium for the 1991 marketing year for the number of eligible animals they held ; whereas, in order to remedy this situation, special reserves should be created for Italy and for Greece corresponding to the estimated maximum number of rights which the producers concerned were unable to claim; whereas the competent authorities of those two Member States should initially be allowed to grant new rights up to the limit of the special reserve referred to above and then, subject to verification by the Commission of the correct allocation of the rights granted, in particular in the regions most affected, the national reserves will be increased for Italy and Greece by the sum of the rights newly granted with effect from the 1995 marketing year; Whereas it is therefore 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. In Article 5a (4) (b) the following subparagraph is hereby added : ‘However, with effect from the 1995 marketing year the previous paragraph shall not apply to groups of producers, in the case of a transfer of rights between members of the same group of producers, meeting conditions to be determined by the Commission in accordance with the procedure provided for in Article 30. These conditions should take into account at least: — the status of the group members, — the length of time members have belonged to and participated in the group, — the composition of the group,