Article 8U.K.
1.On 1 January 2002 the individual ceiling per producer, subject to paragraphs 2 and 3, shall be equal to the number of premium rights which he held on 31 December 2001 in accordance with the relevant Community rules.
[F12. Member States shall take the necessary measures to ensure that, from 1 January 2002 , the sum of premium rights on their territory does not exceed the national ceilings set out in Annex I and that the national reserves referred to in Article 10 may be maintained. The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall allocate individual ceilings to producers and shall set up the national reserves from the overall number of rights to the premium reserved for each of these Member States as set out in Annex I, no later than one year after the date of accession.]
3.Where the measures taken pursuant to paragraph 2 necessitate a reduction of individual ceilings held by producers, that reduction shall be carried out without compensatory payment and decided on the basis of objective criteria.
Those criteria shall include:
(a)the rate at which producers have used their individual ceilings during the three reference years prior to the year 2001;
(b)particular natural circumstances or the application of penalties, resulting in a non-payment or a reduced payment of the premium for at least one reference year;
(c)additional exceptional circumstances having the effect that the payments made for at least one reference year do not correspond to the actual situation as established during the previous years.
4.Premium rights, which have been withdrawn pursuant to the measure taken pursuant to paragraph 2 shall be abolished.
5.Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 25(2).
Textual Amendments
F1 Substituted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.