COMMISSION REGULATION (EC) No 307/95 of 14 February 1995 establishing corrected final regional reference amounts for producers of soya beans, rape seed, colza seed and sunflower seed for the 1994/95 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain agricultural crops (1), as last amended by the Act of Accession of Austria, Finland and Sweden, and in particular Article 12 thereof,
Whereas Article 5 (1) (d) of Regulation (EEC) No 1765/92 specifies that the Commission shall calculate a final regional reference amount based on the observed reference price for oil seeds by substituting the observed reference price for the projected reference price; whereas the Commission has determined the observed reference price using the information supplied pursuant to Commission Regulation (EC) No 3405/93 (2);
Whereas Article 5 (1) (e) of Regulation (EEC) No 1765/92 specifies that if the area of land for which the crop specific oil seed compensatory payment is made, after the application of Article 2 (6) of that Regulation, exceeds the maximum guaranteed area (MGA), the final regional reference amounts shall be reduced; whereas Article 5 (1) (f) of Regulation (EEC) No 1765/92 specifies that the final regional reference amounts shall be reduced by one percent for every one percent by which the MGA has been exceeded; whereas the reduction of final regional reference amounts shall be restricted to those Member States which have exceeded their national reference area (NRA), reduced by the rotational set-aside rate; whereas the weighted average reduction applied in these Member States shall be equal to the reduction necessary at the level of the MGA; whereas the reductions applied in Member States should reflect their contribution towards the total overshoot of the MGA;
Whereas, within the MGA covering production other than of sunflower seed in Spain and Portugal, in cases where Member States have large percentage overshoots of very small national reference areas, and where these overshoots represent few hectares, the reductions in support to be applied in these Member States should not be excessive; whereas some of the non-allocated area of land within this MGA may be transferred temporarily to the national reference areas of these Member States in order to reduce their contributions towards the total overshoot of the MGA;
Whereas in accordance with Article 3 of Commission Regulation (EC) No 3408/93 (3) certain producers received an advance payment based on an estimated projected regional reference amount before the Commission projected regional reference amounts for the 1994/95 marketing year pursuant to Article 1 (2) of Commission Regulation (EC) No 1472/94 (4); whereas all other producers received an advance payment at the level established in Article 2 of Regulation (EC) No 1472/94;
Whereas Article 7 of Commission Regulation (EC) No 2715/94 (5) laying down specific rules on compensatory payments for certain irrigated arable crops and repealing Commission Regulation (EEC) No 1113/93 (6), postpones until 1995/96 the requirement that the irrigated crop yields used to calculate the level of regional compensatory payments be reduced to reflect any increase in the size of the irrigated land ceiling and in order to respect the historical regional average yields; whereas the irrigated crop reference yields used to calculate the compensatory payments for producers or irrigated soya in France for the 1994/95 marketing year must consequently be revised;
Whereas the historical regional average oil seed yield for the Italian region Cremona pianura must be corrected;
Whereas pursuant to Article 2 (6) of Regulation (EEC) No 1765/92 those Member States which have exceeded the regional base area fixed by Commission Regulation (EC) No 1098/94 (7), as amended by Regulation (EC) No 2416/94 (8), should reduce proportionately the area eligible for compensatory payments;
Whereas eligible producers should receive the balance of the compensatory payment in a sum equal to the final regional reference amount established in this Regulation, less the advance payment already received, taking into account any reductions in the area for which they are eligible for a compensatory payment;
Whereas Article 8 (1) of Commission Regulation (EEC) No 2294/92 of 31 July 1992 on detailed rules for the application of the support system for producers of the oil seeds referred to in Council Regulation (EEC) No 1765/92 (9), as last amended by Regulation (EC) No 2203/94 (10), specifies that the agricultural conversion rate valid on the first day of the marketing year shall be used for all payments made during the course of the year; whereas the establishment of the corrected final regional reference amounts must take into account that the agricultural conversion rate in force on 1 July 1994 and to be used for the conversion of the final regional reference amounts is affected by the corrective factor of 1,207509;
Whereas the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. A succinct explanation of the calculation of the corrected final regional reference amounts, as required by Article 5 (3) of Regulation (EEC) No 1765/92, is set out in Annex I.
2. The corrected final regional reference amounts for the 1994/95 marketing year shall be as set out in Annex II.
3. In calculating the final compensatory payment to be made to producers of oil seeds referred to in Article 11 (4) of Regulation (EEC) No 1765/92, the competent authority shall take account of:
(a) all reductions to be made to the eligible area or to the level of the compensatory payment; and
(b) any advance payment made in accordance with Article 3 of Regulation (EC) No 3408/93 or Article 2 of Regulation (EC) No 1472/94.
Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 February 1995.