Commission Regulation (EC) No 327/2002
of 21 February 2002
amending Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops(1), as last amended by Regulation (EC) No 1038/2001(2), and in particular Article 9 thereof,
Whereas:
(1) Commission Regulation (EC) No 2316/1999(3), as last amended by Regulation (EC) No 1157/2001(4), lays down detailed rules for applying Regulation (EC) No 1251/1999 with respect to the conditions for granting area payments for certain arable crops.
(2) Article 5a(2) of Regulation (EC) No 1251/1999 lays down that Member States are to check at least 30 % of the areas under hemp grown for fibre for which area payment applications have been made and at least 20 % of areas if a Member State introduces a system of prior approval for such crops. Experience gained in the 2001/02 marketing year shows that the requirements for these checks as laid down in Regulation (EC) No 2316/1999 should be specified in greater detail.
(3) In the interests of consistency and simplification, the specific provisions relating to the use of colza seed obtained from seed produced on the same farm should be deleted.
(4) Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(5), as last amended by Regulation (EC) No 2721/2000(6), has been consolidated and replaced by Regulation (EC) No 2419/2001(7), as amended by Regulation (EC) No 2550/2001(8). During that exercise, it was decided to transfer the specific provisions defining determined areas to the implementing rules for the schemes concerned.
(5) Commission Regulation (EC) No 1/2002 of 28 December 2001 laying down detailed rules for the application of Council Regulation (EC) No 1259/1999 as regards the simplified scheme for payments to farmers under certain support schemes(9) introduces a simplified scheme for certain producers. That Regulation provides for the specific applications under the simplified scheme to be taken into account for calculating any overrun on the base area and for calculating the overrun on the reference yield as referred to in Article 3(7) of Regulation (EC) No 1251/1999.
(6) In order to qualify for area payments producers are required to set aside part of the area of their holding. In order to ensure that the scheme is effective, producers should not be allowed to put set-aside land to any agricultural use.
(7) Austria has notified new names for certain regions eligible for the additional area payment for durum wheat.
(8) In response to applications by Italy, the Netherlands and the United Kingdom, new base areas should be fixed in accordance with the regionalisation plans of those Member States without altering the total base area.
(9) Under Council Regulation (EC) No 1017/94 of 26 April 1994 concerning the conversion of land currently under arable crops to extensive livestock farming in Portugal(10), as last amended by Regulation (EC) No 2582/2001(11), applications have been submitted for conversion of an area equivalent to 16185 hectares. The base area should therefore be adjusted accordingly.
(10) The Member States have notified the results of the tests to determine the tetrahydrocannabinol levels in the hemp varieties sown in 2001. Those results should be taken into account when drawing up the list of hemp varieties qualifying for area payments in the coming marketing years and the list of varieties temporarily accepted for 2002/03 which will require further testing during that marketing year.
(11) Regulation (EC) No 2316/1999 should therefore be amended accordingly.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 2316/1999 is hereby amended as follows:
1. Article 3(1)(c) is replaced by the following: "(c) on which the crop is maintained until at least the beginning of flowering under normal growing conditions in accordance with local practice.
Crops of oilseeds, protein plants, linseed, fibre flax and durum wheat must continue to be cultivated under normal growing conditions in accordance with local practice at least until 30 June prior to the marketing year in question, unless they are harvested at full maturity before that date. Protein plants may not be harvested until after the stage of lactic ripeness.
In the case of hemp grown for fibre, so that the checks provided for in Article 5a(2) of Regulation (EC) No 1251/1999 can be made, crops must continue to be cultivated under normal growing conditions in accordance with local practice at least until 10 days after the end of flowering. However, the Member State may authorise hemp grown for fibre to be harvested after flowering has begun but before the end of the 10-day period after flowering, provided the inspectors indicate which representative parts of each plot concerned must continue to be cultivated until ten days after flowering for inspection purposes, in accordance with the procedure laid down in Annex XIII."
2. Article 4(2)(b) is replaced by the following: "(b) seed harvested from certified seed of double zero varieties grown on the same holding;".
3. Article 4(3) is deleted.
4. The following is added at the end of Article 6(5): "Where a discrepancy is found between the minimum quantity of certified seed fixed by the Member State and the quantity actually used, the area shall be calculated by dividing the total quantity of certified seed for which the producer has furnished proof of use by the minimum quantity per hectare laid down by the Member State for the region of the producer in question. The area thus determined shall be used, after the abovementioned reductions have been made, for calculating the entitlement to the supplement or the special aid."
5. The last subparagraph of Article 7b(1) is replaced by the following: "The varieties of hemp grown for fibre listed in point 2(b) of Annex XII to this Regulation shall be subject to procedure B during the 2002/03 marketing year in all Member States growing those varieties."
6. Article 19(3) is replaced by the following: "3. Set-aside areas may not be used for any agricultural production, other than that provided for in Article 6(3) of Regulation (EC) No 1251/1999, nor put to any agricultural or lucrative use which would be incompatible with growing an arable crop."
7. Annex IV is replaced by Annex I to this Regulation.
8. In Annex VI, the details given under the headings "Italy", "Netherlands", "Portugal" and "United Kingdom" shall be replaced by the details given in Annex II to this Regulation.
9. Annex VII is replaced by Annex III to this Regulation.
10. Annex XII is replaced by Annex IV to this Regulation.
11. Annex XIII is replaced by Annex V to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply for the 2002/03 and following marketing years.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 February 2002.