No L 13/38 Official Journal of the European Communities 18 . 1 . 80

COMMISSION DECISION of 30 on the implementation of the reform of agricultural structures in the Federal Republic of Germany in 1979 pursuant to Directives 72/159/EEC , 72/160/EEC and 75/268/EEC) (Only the German text is authentic)

(80/34/EEC)

THE COMMISSION OF THE EUROPEAN Whereas the Government of the Federal Republic of COMMUNITIES, Germany also submitted, pursuant to Article 17 (4) of Directive 72/ 159/EEC and Article 8 (4) of Directive Having regard to the Treaty establishing the European 72/ 160/ EEC, the amended texts of the following provi­ Economic Community, sions adopted by the Länder, or confirmed their conti­ nued validity, without amendment, for 1979 : Having regard to Council Directive 72/ 159/EEC of 17 April 1972 on the modernization of farms ( J ), as amended by Directive 78/ 1017/EEC (2 ), and in parti­ cular Article 18 (3) thereof, SCHLESWIG-HOLSTEIN

Having regard to Council Directive 75/268/EEC of 28 on mountain and hill farming and farming — directives of 26 April 1974 and 29 June 1978 to in certain less-favoured areas (3 ), and in particular encourage the formation of associations for the Article 13 thereof, rational use of agricultural machinery (machinery syndicates), Having regard to Council Directive 72/ 160/EEC of 17 — directives of 18 February 1974 and 17 April 1978 April 1972 concerning measures to encourage the to encourage farmers to employ auxiliary farm cessation of farming and the reallocation of utilized labour, agricultural area for the purpose of structural improve­ ment ^), and in particular Article 9 (3) thereof, — directives of 9 to encourage the construction of buildings for cattle and pig farming, Whereas the Government of the Federal Republic of Germany has submitted , pursuant to Article 17 (4) of — directives of 1 April 1977 and 19 June 1978 to Directive 72/ 159/EEC and Article 8 (4) of Directive encourage the draining of individual farms ; 72/ 160/EEC , the texts of the following provisions :

— principles for the encouragement of investment in individual farms and settlement of rural areas, version of 10 April 1979 , LOWER SAXONY — principles for the encouragement of investment in individual combined farms and forestry enterprises and in individual forestry enterprises , version of 10 — directives of 11 on the granting of April 1979 , subsidies to machinery syndicates, — principles for the encouragement of farms in — directives of 13 December 1972 to encourage the mountain areas and in certain less-favoured areas , pooling of labour resources by farms , of 10 April 1979 , — directives on special measures relating to agricul­ — principles regarding premiums to encourage the tural holdings in Lower Saxony (phased invest­ granting of long leases , of 10 April 1979 , ment plan), version of 19 December 1977 , — principles regarding adaptation grants to assist elderly agricultural workers , of 10 April 1979 . — directives of 24 April 1974 on measures to facili­ tate cessation of farming, version of 2 August 1976 , ( 1 ) OJ No L 96 , 23 . 4 . 1972, p . 1 . (2 ) OJ No L 349 , 13 . 12 . 1978 , p . 32 . (J ) OJ No L 128 , 19 . 5 . 1975 , p . 1 . — directives of 12 to provide incentives (4 ) OJ No L 96 , 23 . 4 . 1972, p . 9 . for holidays and recreation in the country-side ; 18 . 1 . 80 Official Journal of the European Communities No L 13/39

NORTH RHINE-WESTPHALIA SAARLAND

— directives of 10 August 1978 to encourage the — order of 5 June 1973 to promote cooperation formation of machinery syndicates, between farms : — directives of 16 August 1976 to encourage auxil­ iary farm labour, BAVARIA — directives of 3 January 1977 to encourage the use of grassland (3.1.1 ); — order of 20 March 1973 laying down special condi­ tions for financial assistance under Article 6 (5) of the law on the promotion of agriculture in Bavaria HESSE (machinery syndicates), — order of 27 July 1972 laying down general condi­ — directives of 8 on the granting by the tions relating to financial assistance for central Land of subsidies to land development associa­ services for local female helpers and auxiliary farm tions, labourers, — directives of 21 December 1972 on the promotion '— directives of 12 March 1973 on the encouragement of joint land development schemes, of village improvements, version of 5 , — directives of 4 to provide incentives — directives of 20 December 1977 on agricultural enabling young persons to set themselves up in credits in the Land, version for 1979 , agriculture (2.4) ; — directives concerning the Bavarian alpine and high-land programme 1978 ;

RHINELAND-PALATINATE Whereas the version for 1978 of the abovementioned laws, regulations and administrative provisions were — order of 17 July 1978 to promote the formation of the subject of Commission Decision 78/869/EEC ( ! ) ; machinery syndicates and the pooling of labour resources : Whereas the Government of the Federal Republic of Germany also forwarded, pursuant to Article 2 of Commission Decision 74/ 185/EEC (2 ) and Article 2 of Decision 78/869/EEC, a report on the application of BADEN-WURTTEMBERG the principles for the granting of investment aid in individual combined farming and forestry undertak­ — directives of 1 January 1977 to encourage the joint ings and in individual forestry undertakings ; use of machinery through the formation of machinery syndicates, Whereas, under Article 18 (3) of Directive — directives of 1 on the use of land 72/ 159/EEC and Article 9 (3) of Directive funds for the provision of local female helpers and 72/ 160/EEC, the Commission must decide whether, auxiliary farm labourers, having regard to the compatibility of the provisions notified with those Directives and with Directive — directives of 19 April 1974 on additional measures 75/268/EEC and to the objectives of the said Direc­ to encourage the construction of buildings on deve­ tives and to the need for a proper connection between lopment farms, version of 28 March 1978 , the various measures, the conditions for continued financial contribution by the Community in 1979 are — directives of 10 May 1978 on agricultural credits in satisfied ; the Land,

— directives of 2 November 1977 for encouraging Whereas, subject to the reservation already set out in agricultural measures designed to protect agricul­ Decision 74/ 185/EEC relating to the principles for tural land (subsidies to sheep farms), the granting of investment aid in individual combined — directives of 28 March 1978 and 11 August 1978 farming and forestry undertakings and in individual relating to the programme of regional reservation forestry undertakings, the provisions notified are and development (investments in farms), consistent with the objectives of Directives 72/ 159/EEC, 72/ 160/EEC and 75/268/EEC ; — directives of 2 August 1974 on aid for the creation and improvement of pasture on land which other­ (!) OJ No L 297, 24. 10 . 1978 , p . 28 . wise could no longer be used ; ( 2 ) OJ No L 94, 4. 4 . 1974, p . 22. No L 13/40 Official Journal of the European Communities 18 . 1 . 80

Whereas the report from the Government of the Directives 72/ 159/EEC, 72/ 160/EEC and 75/268/EEC Federal Republic of Germany referred to above satisfy the conditions for a financial contribution by showed that in 1978 also less than 1 % of all aided the Community to common measures as referred to in farms received aid under the aforesaid principles, and , Article 15 of Directive 72/ 159/EEC, Article 13 of consequently, that the measure concerned , which does Directive 75/268/EEC and Article 6 of Directive not comply with the requirements of Article 14 (2) of 72/ 160/ EEC . Directive 72/ 159/EEC , has only very little practical significance ; whereas the achievement of the objec­ tives of the Directive was therefore hardly at all Article 2 affected thereby in 1978 ; The Government of the Federal Republic of Germany Whereas the Community must, however, remain in a shall submit to the Commission not later than 31 position to ascertain that the measure does not the report for 1979 referred to in Article acquire special significance which might endanger the 2 of Decision 74/ 185/EEC . achievement of the objectives of the Directives ; Whereas the EAGGF Committee has been consulted Article 3 on the financial aspects ; This Decision is addressed to the Federal Republic of Whereas the finding in this Decision is in accordance Germany . with the opinion of the Standing Committee on Agri­ cultural Structure , Done at Brussels, 30 November 1979 . HAS ADOPTED THIS DECISION :

For the Commission Article 1 Finn GUNDELACH The abovementioned provisions for the implementa­ tion in the Federal Republic of Germany in 1979 of Vice-President