1997R0613 — EN — 31.05.1998 — 002.001 — 1
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►B COMMISSION REGULATION (EC) No 613/97
of 8 April 1997
laying down rules for the application of Council Regulation (EC) No 3072/95 as regards the
conditions for granting compensatory payments under the aid scheme for rice producers
(OJ L 94, 9.4.1997, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1305/97 of 4 July 1997 L177 11 5.7.1997
►M2Commission Regulation (EC) No 1127/98 of 29 May 1998 L157 86 30.5.1998
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COMMISSION REGULATION (EC) No 613/97
of 8 April 1997
laying down rules for the application of Council Regulation (EC)
No 3072/95 as regards the conditions for granting compensatory
payments under the aid scheme for rice producers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
HavingregardtoCouncilRegulation(EC)No3072/95of22December
1995 on the common organization of the market in rice(1), and in
particular Articles 8, 21 and 25 (5) thereof,
Whereas Regulation (EC) No 3072/95 lays down that Community rice
producersmayclaimacompensatorypaymentundercertainconditions;whereas the detailed rules for applying this scheme must be laid down,without prejudice to the provisions of the integrated administration andcontrol system for certain Community aid schemes as laid down inCouncil Regulation (EEC) No 3508/92 of 27 November 1992 estab-lishing an integrated administration and control system for certainCommunity aid schemes(
2), as last amended by Regulation (EC) No
2466/96(3), and in Commission Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rules for applying the integratedadministration and control system for certain Community aidschemes(
4), as last amended by Regulation (EC) No 2015/95(5);
Whereas specific measures for French Guiana and Portugal should be
laid down in order to take account of the different periods of sowing;
Whereas Regulation (EEC) No 3508/92 contains no specific rules on
thefinaldateinthericesectorbywhich‘area'aidsmustbeappliedfor;whereas transitional deadlines should therefore be fixed for themarketing year 1997/98;
Whereas the Commission must have the necessary statistical informa-
tion in sufficient time to establish the scale of the reductions to beapplied; whereas the Member States possess this information throughthe aid applications submitted by the producers; whereas provisionshould therefore be made for a standardized and periodic notificationfrom the Member States to the Commission containing the informationrequired; whereas any reductions in the compensatory payment shouldbe established on the basis of the information sent by the MemberStates;
WhereastheMemberStatesshouldbeallowedtocorrecttheirnotifica-
tionssothattheratesofreductionfixedbytheCommissioncorrespondto the actual position; whereas the Commission should also be able toadapt, if necessary, the rates initially adopted in the light of the correc-tions sent by the Member States; whereas, however, in the interests oflegal certainty, the application of this correction mechanism should besubject to time restrictions;
Whereasitisanessentialpartoftheschemethattheareasnotincluded
in the notificationsto the Commission cannot qualify for compensatorypayments;
Whereas the Management Committee for Cereals has not delivered an
opinion within the time limit set by its chairman,
(1) OJ No L 329, 30. 12. 1995, p. 18.
(2) OJ No L 355, 5. 12. 1992, p. 1.
(3) OJ No L 335, 24. 12. 1996, p. 1.
(4) OJ No L 391, 31. 12. 1992, p. 36.
(5) OJ No L 197, 22. 8. 1995, p. 2.
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HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the detailed rules for implementing the
compensatory payments provided for in Article 6 of Regulation (EC)No3072/95,withoutprejudicetotheprovisionslaiddownaspartoftheintegrated administration and control system provided for by Regula-tions (EEC) No 3508/92 and (EEC) No 3887/92.
Article 2
▼
M2
Any given cultivated parcel shall not be the subject of more than oneapplication for compensatory payment pursuant to Regulation (EC) No3072/95, and shall not be the subject of any other aid application, withthe exception, however, of seed production aid pursuant to CouncilRegulation (EC) No 2358/71(
1).
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In French Guiana, the compensatory payment shall be awarded on thebasis of the average area sown in each of the two sowing cycles.
Article 3
The compensatory payment shall be awarded for areas:
— which have been entirely utilized, on which all normal cultivation
work has been performed and on which the rice has flowered,
— which have been the subject of an application in respect of at least
0,3 ha, where each cultivated parcel exceeds the minimum size setby the Member State.
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M2
Article 4
1. To qualify for the payment, the area must be sown by 31 May
preceding the harvest in question at the latest, except in Spain andPortugal where the final date shall be 30 June.
In French Guiana, the areas must be sown for each of the two sowing
cycles,nolaterthan31Decemberand30Juneprecedingtheharvestsinquestion. France shall undertake a thorough check of the areas sown inthe December cycle.
2. The dates referred to in paragraph 1 shall be deemed the final
datesforpresentingapplicationsforthe1998/99marketingyear,fortheapplicationofArticle6(2)and(4)ofRegulation(EEC)No3508/92andArticle 4(2)(a) of Regulation (EC) No 3887/92.
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B
Article 5
In addition to the requirements laid down in Article 4 (1) and (2) of
Regulation (EEC) No 3887/92, the application for compensatorypayment shall specify the variety sown.
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M2
Article 6
1. To establish whether the base area referred to in Article 6(5) of
Regulation (EC) No 3072/95 has been exceeded, the competentauthorityintheMemberStateshalltakeintoaccountthebasearealaiddown in Article 6(4) of the aforementioned Regulation and the total ofthe areas for which aid applications have been submitted for the basearea in question.
(1) OJ L 246, 5.11.1971, p. 1.
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2. In establishing the total area for which aid applications have beensubmitted,accountshallnotbetakenofapplicationsorpartsofapplica-tions that an administrative check has shown to be clearly unjustified.
Whereappropriate,theareaactuallydeterminedinthecourseofon-the-
spotcheckspursuanttoArticle6ofRegulation(EEC)No3887/92shallbe counted.
3. Ifanoverrunisobserved,theMemberStatesshallestablishby30
September at the latest the percentage overrun, calculated to twodecimal places. However, it shall notify the Commission beforehand ofthe overrun.
Where an overrun can be foreseen, the Member State shall inform the
producers forthwith.
The rate of overrun shall be used for calculating the reduction in the
compensatory payment, in accordance with the first indent of Article6(5) of Regulation (EC) No 3072/95.
4. The rate of overrun referred to in paragraph 3 can, however, be
correctedbytheMemberStatesafter30Decemberbutnolaterthan15January of the following year. In such cases, they shall inform theCommission forthwith, and justify the correction.
The Member States concerned shall implement the amended rates of
reduction,asappropriate,bypayingtheproducersinquestionorrecov-ering from them the difference between the initial compensatorypaymentandthepaymentresultingfromtheapplicationoftheamendedrateofreduction.RecoveryshallbeeffectedinaccordancewithArticle14 of Regulation (EEC) No 3887/92.
If an additional compensatory payment falls due as a result of a
corrected notification from a Member State, it must be paid before thefollowing 1 April.
5. The Member States shall send the Commission:
— before1Octoberfollowingthestartofeachmarketingyear,thedata
listed in the table in the Annex hereto,
— before the following 15 March or, where a correction has been
made, 15 May, the areas for which a compensatory payment hasbeen paid.
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B
Article 7
The Member States shall notify the Commission before 1 May 1997 of
the measures taken to apply this Regulation.
Article 8
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX