30.7.92 Official Journal of the European Communities No L 215/59 COUNCIL REGULATION (EEC) No 2069/92 of 30 June 1992 amending chulatlon (EEC) No 3013/89 on the common organization of the market in shecpmeat and goatmeat THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular - Article 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas experience indicates that Regulation (EEC) No 3013/89 (*) requires certain amendments; Whereas it is opportune for administrative purposes that the latest date for the payment of the premium provided for in Article 5 of Regulation (EEC) No 3013/89 should coincide with the end of the budgetary year; Whereas the upward trend in ewe numbers in the Community and the resulting substantial drop in prices are having serious repercussions on the market balance; whereas, while being partly curbed by the various measures introduced in recent years, in particular as regards prices and stabilizers, this trend has nevertheless resulted in an increase in production and in EAGGF expenditure during the last four years; Whereas further, more severe measures should be introduced by imposing, subject to special provisions applicable to producer groups, an individual limit on each producer based on the total premiums granted for the 1991 marketing year to each producer; Whereas, in order to take account of trends in production throughout the Community, this total should however be multiplied by a coefficient established for each Member State and representing the ratio between the total number of ewes eligible at the beginning of 1989, 1990 or 1991 and the total number of eligible animals conferring entitlement to the premium for the 1991 marketing year; whereas, however, special provisions must be adopted for Germany in order to take account of certain specific problems in the new ‘Linder’; (1) OJ No C 303, 22. 11. 1991, p. 35. (3) OJ No C 125, 18. 5. 1992. () OJ No C98, 21. 4. 1992, p. 20. (*) OJNoL 289,7.10. 1989, p. 1. Regulation as last amended by " Regulation (EEC) No 3246/91 (O] No L 307, 8. 11. 1991, p- 16). Whereas new producers and existing producers whose reference flocks are not in line with the normal trend in ewe numbers must not be excluded from entitlement to the premium; whereas, to that end, provision should be made for a national reserve made up initially of a flat-rate levy on the individual limits of all producers; whereas provision should be made to increase the reserve in less-favoured areas; Whereas changes in production may be made necessary by possible alterations to the assets or production capacity of recipients; whereas, therefore, provision should be made that entitlements to the premium acquired in respect of individual limits may be transferred under certain conditions to other producers; whereas, in order to make the system of transfer as flexible as possible, it is appropriate to allow the transfer of rights to take place also without the transfer of the holding; whereas it is appropriate to submit the transfer to rules which allow some rights to be surrendered without payment to the national reserve in order that it can provide, in particular, rights for new entrants; Whereas, in order to take account of the fact that producers should be permitted to reduce their production for a limited period, it is appropriate to authorize the Member States to foresee the possibility for a temporary transfer of premium rights; Whereas it is opportune to estabish a link between sensitive zones or localities and the production of sheep and goats so as to ensure the maintenance of this production especially in areas where there is no other alternative; Whereas the introduction of the above arrangements, by maintaining flock numbers at their existing level, should reduce very appreciably the risk of budgetary overspending; whereas, in these circumstances, the coefficient for reducing the basic price referred to in Article 8 (2) of that Regulation should be fixed at the level adopted for the 1990 marketing year, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3013/89 is hereby amended as follows: 1. In Article 5: — in paragraph 3 and 5§ ‘70%’ shall be replaced by ‘80 %, — the text of the fourth subparagraph of paragraph 6 shall be replaced by the following text: