Council Directive
of 14 July 1986
concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC
(Spain)
(86/466/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Directive 75/268/EEC of 28 April 1975, on mountain and hill farming and farming in certain less-favoured areas [1], as last amended by Regulation (EEC) No 797/85 [2], and in particular Article 2 (2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament [3],
Whereas the Government of the Kingdom of Spain has communicated to the Commission, pursuant to Article 2 (1) of Directive 75/268/EEC, areas suitable for inclusion in the Community list of less-favoured farming areas as well as information relating to the characteristics of these areas;
Whereas the following criteria were used to define mountain areas according to Article 3 (3) of Directive 75/268/EEC: a minimum altitude of 1000 metres or a minimum slope of 20 %; whereas, where there is a combination of these factors, mountain areas within the meaning of Article 3 (3) of Directive 75/268/EEC may be defined by a minimum altitude of 600 metres and a slope of at least 15 %, with the exception of a limited number of villages totally surrounded by mountainous regions for which the slope percentage can be reduced to 12 %;
Whereas the presence of infertile land as referred to in Article 3 (4) (a) of Directive 75/268/EEC has been characterized in the wet region of the north of Spain by the level of yield as measured by the agroclimatic productivity index of "L. Turc." being less than 30; whereas, in other Spanish regions which are arid and semi-arid, the presence of infertile soil has been characterized by a proportion of arable land less than 50 % of the productive area;
Whereas the economic results of farming appreciably lower than the mean, as referred to in Article 3 (4) (b) of Directive 75/268/EEC are calculated in the wet region of the north of Spain by a standard gross margin per farm worker of not more than 80 % of the average of the region and in addition an index of less than half the national average for both the utilized agricultural area per farm and the number of hectares per plot; whereas for the other arid and semi-arid regions of Spain these results have been characterized by an index showing that both the irrigated area is less than 20 % of the arable area and that the fallow area is greater than 20 % of the grassland;
Whereas the following indices have been utilized in respect of low or dwindling population predominantly dependent on agriculture within the meaning of Article 3 (4) (c) of Directive 75/268/EEC: population density of less than 37,5 persons per square kilometre (national average 75) or an annual regression in the population of at least 0,5 % and in addition at least 18 % of the working population engaged in agriculture;
Whereas, concerning the delimitation of areas affected by specific handicaps which can be considered as less favoured areas within the meaning of Article 3 (5) of Directive 75/268/EEC, the following criteria have been used: island location, soil salinity, high winds, wet marshy soils, soils suffering from desertification through drought, environmental protection and conservation of pine forests formerly used for resin production; whereas, moreover, the combined areas of these areas does not exceed 4,0 % of the area of this Member State (1,32 %);
Whereas the Community declaration of 18 April 1985, made during the negotiations for the accession of Spain to the Community, provides that after accession certain more favourable specific provisions and conditions existing in horizontal Community legislation at the date of entry, should be extended in particular to the less-favoured areas;
Whereas the nature and level of the abovementioned indices used by the Government of the Kingdom of Spain to define the three types of areas communicated to the Commission correspond respectively to the characteristics of the mountain areas, the less-favoured areas and the areas affected by specific handicaps referred to in Article 3 (3), (4) and (5) of Directive 75/268/EEC;
Whereas the Government of the Kingdom of Spain has provided information on the public infrastructure available in these areas and it therefore seems expedient to include the areas in question in the Community list of less-favoured farming areas,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The areas of Spain listed in the Annex hereto shall be included in the Community list of less-favoured agricultural areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC.
2. The areas in which Community reimbursement of the European Agricultural Guidance and Guarantee Fund (Guidance Section) shall be increased to 50 % as laid down in Article 26 (4) of Regulation (EEC) No 797/85, are marked by an asterisk in the Annex.
Article 2
This Directive is addressed to the Kingdom of Spain.
Done at Brussels, 14 July 1986.