he shows that he has complied with the non-marketing or conversion commitment or with the specific production rules applicable to him under national law,

Whereas in both new Member States certain farmers either took part for a given period in a programme of conversion from or of non-marketing of milk or milk products or were permitted to produce without a reference quantity owing to the geographical location of their holdings; whereas these farmers should be permitted under Community rules to resume or continue milk production;

WHEREAS , IN THAT CASE , THE SITUATION OF THOSE CONCERNED IS ADAPTED TO THAT WHICH WOULD HAVE BEEN THE CASE IF THEY HAD APPLIED AT THE OUTSET FOR THE NON-MARKETING PREMIUM;

WHEREAS ARTICLE 12A OF REGULATION (EEC) NO 1391/78 PROVIDED BENEFICIARIES OF THE CONVERSION PREMIUM WITH THE OPPORTUNITY OF OPTING SUBSEQUENTLY FOR THE NON-MARKETING PREMIUM SYSTEM;

Whereas the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds was extended until the end of the 1979/80 milk year;

WHEREAS , WITH REGARD TO BENEFICIARIES OF THE CONVERSION PREMIUM WHO LODGED THEIR APPLICATION BEFORE 16 SEPTEMBER 1980 , KEEPING THE OPTION AVAILABLE WOULD BE SUCH AS TO CIRCUMVENT THE ABOLITION OF THE NON- MARKETING SYSTEM AS FROM THAT DATE;

whereas, on the other hand, the beneficiary, having entered into the undertakings governing receipt of that premium, should be allowed subsequently to choose the system of non-marketing premiums, although, in such event, the amounts of the premium and the non-marketing period must be adjusted accordingly;

COMMISSION REGULATION (EEC) No 1799/79 of 13 August 1979 amending Regulations (EEC) No 1391/78 and (EEC) No 2962/78 concerning the rules for the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds

Before the end of the third year of the conversion period, each recipient of the conversion premium may declare in writing to the competent authority that he wishes to be considered as a recipient of the non-marketing premium, by accepting the conditions referred to in Article 2 and Article 4 (1) of Regulation (EEC) No 1078/77.

COMMISSION REGULATION (EEC) NO 2735/80 OF 27 OCTOBER 1980 AMENDING REGULATION (EEC) NO 1391/78 LAYING DOWN AMENDED RULES FOR THE APPLICATION OF THE SYSTEM OF PREMIUMS FOR THE NON-MARKETING OF MILK AND MILK PRODUCTS AND FOR THE CONVERSION OF DAIRY HERDS

In such cases, the competent authority shall make the necessary adjustments to the approval initially issued and in particular shall adjust the non-marketing period and the amounts of the premium still not paid, on the basis of the situation which would have existed if the interested party had applied for the non-marketing premium from the beginning."

COMMISSION REGULATION (EEC) No 84/83 of 14 January 1983 amending Regulation (EEC) No 1391/78 laying down amended rules for the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds

Having regard to Council Regulation (EEC) No 1078/77 of 17 May 1977 introducing a system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds (1), as last amended by Regulation (EEC) No 1270/79 (2), and in particular Article 7 thereof,

HAVING REGARD TO COUNCIL REGULATION (EEC) NO 1078/77 OF 17 MAY 1977 INTRODUCING A SYSTEM OF PREMIUMS FOR THE NON-MARKETING OF MILK AND MILK PRODUCTS AND FOR THE CONVERSION OF DAIRY HERDS (1), AS LAST AMENDED BY REGULATION (EEC) NO 1365/80 (2), AND IN PARTICULAR ARTICLE 7 THEREOF ,

WHEREAS , WITH REGARD TO BENEFICIARIES OF THE CONVERSION PREMIUM WHO LODGED THEIR APPLICATION AS FROM 16 SEPTEMBER 1980 , IT SHOULD BE SPECIFIED THAT , SINCE THE NON-MARKETING PREMIUM SYSTEM HAS BEEN ABOLISHED WITH EFFECT FROM THAT DATE , THE OPTION REFERRED TO ABOVE WAS NOT AVAILABLE TO THEM SINCE IT WOULD NO LONGER HAVE BEEN POSSIBLE FOR THEM TO APPLY FOR THE SAID PREMIUM AT THE OUTSET;

whereas, in the light of experience, certain provisions of Commission Regulation (EEC) No 1391/78 of 23 June 1978 laying down amended rules for the application of the system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds (3), as amended by Regulation (EEC) No 2962/78 (4) should be adjusted;

WHEREAS , PURSUANT TO ARTICLE 4 (1) OF COMMISSION REGULATION (EEC) NO 1391/78 (3), AS LAST AMENDED BY REGULATION (EEC) NO 1799/79 (4), IT WAS POSSIBLE TO LODGE APPLICATIONS FOR THE NON-MARKETING PREMIUM ONLY UP TO 15 SEPTEMBER 1980 , ALTHOUGH BY VIRTUE OF REGULATION (EEC) NO 1365/80 THE SYSTEM OF CONVERSION PREMIUMS HAS BEEN EXTENDED UP TO THE END OF THE 1980/81 MILK MARKETING YEAR;

either has taken part for a given period expiring on 31 December 1994 or a later date in a non-marketing programme for milk and milk products;

Such measures may, according to the case, entail postponing the beginning of the non-marketing or conversion period referred to in Article 5 (3) or the suspension of the obligations for a specific length of time during that period and the non-recovery of the premiums already paid, which would have to be refunded in accordance with Article 9 (1).

Whereas in both new Member States certain farmers either took part for a given period in a programme of conversion from or of non-marketing of milk or milk products or were permitted to produce without a reference quantity owing to the geographical location of their holdings;