This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOUNCIL REGULATION (EC) No 1251/1999
of 17 May 1999
establishing a support system for producers of certain arable crops
(OJ L 160, 26.6.1999, p. 1)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 2704/1999 of 14 December 1999 L 327 12 21.12.1999
"M2 Council Regulation (EC) No 1672/2000 of 27 July 2000 L 193 13 29.7.2000
"M3 Council Regulation (EC) No 1038/2001 of 22 May 2001 L 145 16 31.5.20011999R1251 — EN — 01.08.2001 — 002.002 — 1
COUNCIL REGULATION (EC) No 1251/1999
of 17 May 1999
establishing a support system for producers of certain arable crops
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Having regard to the opinion of the Committee of the Regions (4),
Having regard to the opinion of the European Court of Auditors (5),
(1) Whereas the common agricultural policy aims to attain the
objectives referred to in Article 33 of the Treaty, taking account of
the market situation;
(2) Whereas, in order to ensure better market balance, a new scheme
of support was introduced by Council Regulation (EEC)
No 1765/92 of 30 June 1992 establishing a support system for
producers of certain arable crops (6);
(3) Whereas, after the 1992 reform of the common agricultural policy,
there has been a particular improvement of market balances;
(4) Whereas set-aside under the support system for producers of
certain arable crops, introduced in 1992 in addition to a lowering
of the intervention price, has helped to keep production under
control, while increased price competitiveness has allowed
significant additional cereals quantities to be used on the domestic
market, mainly for animal feed;
(5) Whereas the support on the basis of the scheme introduced in
1992 should be continued, taking into account, however, market
developments and experience acquired in applying the current
scheme;
(6) Whereas Member States may, under certain conditions, make
grass silage eligible for area payments under this regime;
(7) Whereas the reform of the support scheme has to take into account
the international obligations of the Community;
(8) Whereas the best way to achieve market balance is to approximate
the Community prices of cereals to the prices on the world market
and to provide for non-crop specific area payments;
(9) Whereas area payments should be revised if the market conditions
differ from those currently foreseen;
(10) Whereas the area eligible should be restricted to the area down to
arable crops or publicly funded set aside in the past;
(11) Whereas, when the sum of the areas for which payment is claimed
under the scheme is in excess of the base area, a reduction of the
eligible area per farm should be provided for in order to ensure
market balance;!B
(1) OJ C 170, 4.6.1998, p. 4.
(2) Opinion delivered on 6 May 1999 (not yet published in the Official Journal).
(3) OJ C 284, 14.9.1998, p. 55.
(4) OJ C 93, 6.4.1999, p. 1.
(5) OJ C 401, 22.12.1998, p. 3.
(6) OJ L 181, 1.7.1992, p. 12. Regulation as last amended by Regulation (EC)
No 1624/98 (OJ L 210, 28.7.1998, p. 3).1999R1251 — EN — 01.08.2001 — 002.002 — 2
(12) Whereas Member States may apply one or more national base
areas; whereas it is considered appropriate that the Member States
which choose this option should be able to divide each national
base area into sub-base areas; whereas, when a national base area
has been exceeded, the Member State concerned should be
allowed to concentrate the application of the measures totally or
partially on those areas for which the overshoot has been noted;
(13) Whereas area payments should reflect the specific structural
characteristics that influence yield; whereas the drawing up of a
regionalisation plan based on objective criteria should be left to
the Member States; whereas uniform average yields should be
established by the regionalisation plans; whereas these plans
should be consistent with the average yields of each region
achieved in a given period, taking into account any structural
differences between production regions; whereas a specific
procedure should be provided in order to examine these plans at
Community level;
(14) Whereas differentiation of yields may be permitted for irrigated
and non-irrigated areas provided that a separate base area for
irrigated crops is established and there is no extension of the total
base area;
(15) Whereas maize has a different yield which distinguishes it from
other cereals and therefore may justify a separate treatment;
(16) Whereas, in order to calculate the area payment, a basic amount
per tonne should be multiplied by the ‘average cereals yield’
determined for the region concerned; whereas when different
yields for maize and for other cereals are fixed, separate base
areas for maize should be established;
(17) Whereas a single basic amount should be fixed for arable crops;
whereas the basic amounts per tonne should be increased taking
into account the reduction in several steps in the cereals
intervention price; whereas a specific aid should be established
for protein crops in order to preserve their competitiveness with
cereals;
(18) Whereas in the case of a final reduction in intervention price the
basic amount shall be increased applying the same compensation
rate as that used in the 2000/2001 and 2001/2002 marketing years;
(19) Whereas a special scheme for durum wheat should be established
to ensure a durum wheat production level which is sufficient to
supply user industries while keeping budgetary expenditure in
check; whereas that objective should be achieved by introducing a
supplement limited, for each Member State concerned, to a
maximum area of durum wheat; whereas any overshoot of those
areas should lead to an adjustment to the applications submitted;
(20) Whereas, moreover, in some Member States, the production of
durum wheat is well established in regions outside traditional
zones; whereas it is desirable to safeguard a certain level of
production in those regions by the grant of special aid;
(21) Whereas, in order to benefit from the area payments, producers
should set aside a predetermined percentage of their arable area;
whereas the land set aside should be cared for so as to meet certain
minimum environmental standards; whereas the areas set aside
should also be eligible for use for non-food purposes, provided
effective control systems can be applied;
(22) Whereas in the current market situation, the set-aside requirement
should be reduced to 10 % for the period 2000-2006; whereas this
percentage should be re-examined to take account of production
and market developments;
(23) Whereas the set-aside obligation should be subject to due
compensation; whereas the compensation should be equivalent
to the area payments for cereals;!B1999R1251 — EN — 01.08.2001 — 002.002 — 3
(24) Whereas no set-aside requirement should be imposed for small
producers whose claim for area payments is below a certain level,
whereas this level should be fixed;
(25) Whereas for voluntary set-aside, producers may be granted
set-aside payment for land additionally set-aside; whereas a
maximum area limit should be fixed by Member States;
(26) Whereas area payments should be paid once a year for a given
area; whereas areas not cultivated immediately before the entry
into force of the scheme established by Regulation (EEC)
No 1765/92 should not be eligible for payment; whereas to take
account of certain specific situations, where this provision is
unduly restrictive, certain derogations should be permitted to be
managed by the Member States;
(27) Whereas it is necessary to determine certain conditions for
applying for area payments and to specificy when producers
should be paid;
(28) Whereas payment dates should be fixed in order to ensure an even
distribution of arable crops sales during the marketing year;
(29) Whereas sowing dates should be adapted to natural conditions in
the different production areas;
(30) Whereas it is necessary to provide for transitional rules in order to
abolish crop specific payments for oilseeds from the 2002/2003
marketing year onwards; whereas some of the existing provisions
in this sector have to be maintained taking into account the
international obligations of the Community;
(31) Whereas expenditure incurred by the Member States as a result of
the obligations arising out of the application of this Regulation
should be financed by the Community in accordance with
Articles 1 and 2 of Council Regulation (EC) No 1258/99 of
17 May 1999 on the financing of the common agricultural
policy (1);
(32) Whereas it is necessary to provide for transitional measures and to
enable the Commission to adopt, if necessary, additional
transitional measures;
(33) Whereas the adaptations to the arable crops support system should
be introduced as from the marketing year 2000/2001;
(34) Whereas, in view of the present adaptations to the current support
scheme and to previous modifications, it is appropriate, for
reasons of clarity, to replace Regulation (EEC) No 1765/92 by a
new Regulation,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation hereby establishes a system of area payments for
producers of arable crops.
2. For the purposes of this Regulation:
— the marketing year shall run from 1 July to 30 June,
— ‘arable crops’ are taken to mean those listed in Annex I.
3. Member States where maize is not a traditional crop may make grass
silage eligible for the arable crops area payments, under the same
conditions as those applicable for arable crops.!B
(1) See page 103 of this Official Journal.1999R1251 — EN — 01.08.2001 — 002.002 — 4
CHAPTER I
Article 2
1. Community producers of arable crops may apply for an area payment
under the conditions set out in this Regulation.
2. The area payment shall be fixed on a per hectare basis and regionally
differentiated.
The area payment shall be granted for the area which is down to arable
crops or subject to set-aside in accordance with Article 6 and which does
not exceed a regional base area. This is established as the average
number of hectares within a region down to arable crops or, where
appropriate, fallow in conformity with a publicly funded scheme during
1989, 1990 and 1991. A region in this sense shall be understood to mean
a Member State or a region within the Member State, at the option of the
Member State concerned.
3. Producers applying for the area payment shall be subject to an
obligation to set aside part of the land of their holding from production
and shall receive compensation for this obligation.
4. When the sum of the areas for which payment is claimed under the
arable crops’ scheme, including the set-aside provided for under that
scheme, is in excess of the base area, the eligible area per farmer shall be
reduced proportionately for all the payments granted under this
Regulation in the region in question, during the same marketing year.
Areas which are not the subject of an application for payment under this
Regulation but are used to support an application for aid under Council
Regulation (EC) No 1254/1999 of 17 May 1999 on the common
organisation of the market in beef and veal (1) shall also be taken into
account for the calculation of areas for which payment is claimed.
5. If a Member State makes grass silage eligible for the arable crops
area payments, a separate base area shall be defined. If the base area for
arable crops or grass silage is not reached in a given marketing year, the
balance of hectares shall be allocated for the same marketing year to the
corresponding base area.
6. Where a Member State has chosen to establish one or more national
base areas, it may subdivide each national base area into sub-base areas
according to objective criteria to be defined by the Member State.
For the purposes of applying this paragraph, the ‘Secano’ and ‘Regadío’
base areas shall be considered as national base areas.
Where there is an overshoot of a national base area, the Member State
concerned may, in accordance with objective criteria, concentrate the
measure applicable under paragraph 4 totally or partially on the sub-base
areas for which the overshoot has been noted.
Member States which have decided to apply the possibilities provided for
in this paragraph, shall notify producers and the Commission by
15 September of their choices and the detailed rules for their application.
Article 3
1. For the purpose of setting average yields to be used for calculation of
the area payment, each Member State shall establish a regionalisation
plan setting out the relevant objective criteria for determination of the
separate production regions in order to arrive at distinct homogeneous
areas.
With this in mind, Member States shall take due account of specific
situations in drawing up their regionalisation plans. They may in
particular adjust average yields in line with any structural differences
between production regions.!B
(1) See page 21 of this Official Journal.1999R1251 — EN — 01.08.2001 — 002.002 — 5
2. Member States may also apply a different yield figure for maize than
for other cereals in their regionalisation plans.
(a) Where the yield for maize is higher than for other cereals, a base
area, as referred to in Article 2(2), shall be established separately for
maize, covering one or more maize production regions, at the choice
of the Member State.
Member States may also, in the regions in question, establish
separate base areas for arable crops other than maize. In such cases,
if the base area for maize is not reached in a given marketing year,
the balance of hectares shall be allocated for the same marketing
year to the corresponding base area for arable crops other than
maize.
(b) Where the yield for maize is equal to or less than that for other
cereals, a base area may also be established separately for maize in
accordance with point (a). In such cases and if the Member States
chooses to establish a base area for ‘arable crops other than maize’:
— if the base area for ‘maize’ is not reached in a given marketing
year, the balance of hectares shall be allocated for the same
marketing year to the corresponding base areas for other crops,
— if the base area for ‘arable crops other than maize’ is not reached
in a given marketing year, the balance of hectares shall be
allocated for the same marketing year to the base area for
‘maize’ concerned.
Should these base areas be exceeded, Article 2(4) shall apply.3. Member States may in their regionalisation plans set different yields
for irrigated and non-irrigated land. In that case, Member States shall
establish a separate base area for areas bearing irrigated crops.
The irrigated base area shall be equal to the average area irrigated from
1989 to 1991 with a view to harvesting arable crops including the
increases made pursuant to Article 3(1), fourth subparagraph, last
sentence of Regulation (EEC) No 1765/92. However, the irrigated base
area in Portugal shall be progressively increased by up to 60 000 ha, for
those areas where it has been established that investment in irrigation
began after 1 August 1992. This increase may be added partially or
totally to the irrigated maize base area as referred to in Article 3(2).
The establishment of the irrigated base area must not lead to any increase
in the total base area of the Member State concerned. Should the
irrigated base area be exceeded, Article 2(4) shall apply.
If the irrigated base area is not reached in a given marketing year, the
balance of hectares shall be allocated for the same marketing year to the
corresponding non-irrigated base area.
4. The regionalisation plan shall in all cases ensure that the average
yield of the Member State concerned established for the period and in
accordance with the criteria referred to in paragraph 5 is respected.
5. For each production region, the Member State shall give details of
the areas and yields of arable crops produced in that region during the
five-year period 1986/1987 to 1990/1991. Average cereals yields shall be
separately calculated for each region by excluding the year with the
highest and the year with the lowest yield during that period.
However, this obligation may be fulfilled in the case of:— Portuguese cereals by providing data having been supplied pursuant
to Council Regulation (EEC) No 3653/90 of 11 December 1990
introducing transitional measures governing the common organi-
sation of the market in cereals and rice in Portugal (
1),
— the five new German Länder by providing the average crop yield
applicable in the other German Länder,!B
(1) OJ L 362, 27.12.1990, p. 28. Regulation as amended by Commission Reg-
ulation (EC) No 1664/95 (OJ L 158, 8.7.1995, p. 13).1999R1251 — EN — 01.08.2001 — 002.002 — 6
— Italy and Spain by fixing the reference yield at 3,9 tonnes/hectare
and 2,9 tonnes/hectare respectively.
If a Member State decides to treat:
— maize separately from other cereals, the average cereals yield, which
shall not be altered, shall be broken down between maize and other
cereals,
— irrigated land separately from non-irrigated land, the corresponding
average yield, which shall not be altered, shall be broken down
between the two types.
6. Member States shall submit their regionalisation plan to the
Commission by 1 August 1999 together with all necessary supporting
information. In order to fulfil this obligation, they may refer to their
regionalisation plan submitted to the Commission in accordance with
Regulation (EEC) No 1765/92.
The Commission shall examine the regionalisation plans submitted by
the Member States and shall ensure that each plan is based on
appropriate, objective criteria and is consistent with available historical
information. The Commission may object to plans that are not
compatible with the aforementioned relevant criteria in particular with
the average yield of the Member State. In this case the plans shall be
subject to adjustment by the Member State concerned after consultation
with the Commission.
The regionalisation plan may be revised by the Member State concerned
at the request of the Commission or at the initiative of that Member State
in accordance with the same procedure as outlined in this Article.
7. Should a Member State, pursuant to paragraph 1, choose to establish
production regions the demarcation of which does not correspond to that
of regional base areas, it shall send the Commission a summary
statement of payment applications and the yields pertaining to these. If it
emerges from this information that, in a Member State, the average yield
resulting from the regionalisation plan applied in 1993 or, in the case of
Austria, Finland and Sweden, the average yield resulting from the plan
applied in 1995 or, in the case of Italy and Spain the yield as fixed in
Article 3(5) is exceeded, all payments to be made in that Member State
for the following marketing year shall be reduced in proportion to the
overrun which has been recorded. However, this provision shall not apply
where the quantity for which applications were made, expressed in
tonnes of cereals, does not exceed that resulting from the product of the
total base areas of the Member State by the aforementioned average
yield.
Member States may decide to ascertain whether there has been any
exceeding of the average yield for each base area. In such cases, the
provisions of this paragraph shall be applied to the payments to be paid in
each base area concerned.
Article 4
1. Without prejudice to Article 10, the area payment shall be calculated
by multiplying the basic amount per tonne by the average cereal yield
determined in the regionalisation plan for the region concerned.
2. The calculation mentioned in paragraph 1 shall be made using the
average cereals yield. However, where maize is treated separately, the
‘maize’ yield shall be used for maize and the ‘cereals other than maize’
yield shall be used for cereals, oilseeds, linseed and flax and hemp grown
for fibre.
3. The basic amount shall be fixed as follows:
for protein crops:
— EUR 72,50/t from the 2000/2001 marketing year onwards;!B
!M2
!B1999R1251 — EN — 01.08.2001 — 002.002 — 7
for cereals, grass silage and set-aside:
— EUR 58,67/t for the 2000/2001 marketing year,— EUR 63,00/t from the 2001/2002 marketing year onwards;
"M2for linseed and flax and hemp grown for fibre 3:
— EUR 88,26/t for the 2000/2001 marketing year,— EUR 75,63/t for the 2001/2002 marketing year,
— EUR 63,00/t from the 2002/2003 marketing year onwards;
for oilseeds:— EUR 63,00/t from the 2002/2003 marketing year onwards.
The amount of EUR 63/t may be increased from the 2002/2003
marketing year onwards in the light of a final reduction in the
intervention price for cereals provided for in Article 3(4) of Regulation
(EEC) No 1766/92.
This increase in area payments will bear the same proportion to the
intervention price reduction as that applicable in 2000/2001 and
2001/2002.
4. In Finland, and in Sweden north of the 62nd Parallel and some
adjacent areas affected by comparable climatic conditions rendering
agricultural activity particularly difficult, a supplementary amount to the
area payment of EUR 19 per tonne, multiplied by the yield utilised for
the area payments, shall be applied for cereals, oilseeds, linseed and flax
and hemp grown for fibre.
Article 5
A supplement to the area payment of EUR 344,50 per hectare shall be
paid for the area down to durum wheat in the traditional production
zones listed in Annex II, subject to the limits fixed in Annex III.
Should the total of the areas for which a supplement to the area payment
is claimed be greater than the limit referred to above during the course of
a marketing year, the area per producer for which the supplement may be
paid shall be reduced proportionately.
However, subject to the limits per Member State laid down in Annex III,
Member States may distribute the areas indicated in that Annex among
the production zones as defined in Annex II, or, if necessary, the
production regions referred to in Article 3, according to the extent of the
production of durum wheat during the period 1993 to 1997. Where this is
done, should the total of the areas within a region for which a supplement
to the area payment is requested be greater than the corresponding
regional limit during the course of a marketing year, the area per
producer in that production region for which the supplement may be paid
shall be reduced proportionately. The reduction shall be made when,
within a Member State, the areas in regions, which have not reached their
regional limits, have been distributed to regions in which those limits
have been exceeded.
In regions where the production of durum wheat is well established, other
than those referred to in Annex II, special aid amounting to EUR 138,90
per hectare shall be granted up to a limit of the number of hectares laid
down in Annex IV .
Article 5a
1. For flax and hemp grown for fibre, the area payment shall be made
only, depending on circumstances, when the contract is concluded or
commitment made as referred to in Article 2(1) of Regulation (EC) No
1673/2000.!B
!M2
!B
!M21999R1251 — EN — 01.08.2001 — 002.002 — 8
For hemp grown for fibre, the area payment shall also be made only
where the varieties used have a tetrahydrocannabinol content not
exceeding 0,2 %.
2. Member States shall establish a system for verifying the tetrahydro-
cannabinol content of the crops grown on at least 30 % of the areas of
hemp grown for fibre for which area payment applications have been
made. However, if a Member State introduces a system of prior approval
for such cultivation, the minimum shall be 20 %.
Article 6
1. The set-aside obligation for each producer applying for area
payments shall be fixed as a proportion of his area down to arable
crops and for which a claim is made and left in set-aside pursuant to this
Regulation.
The basic rate of compulsory set-aside is fixed at 10 % from the
2000/2001 marketing year up to the 2006/2007 marketing year.
2. Member States shall apply appropriate environmental measures
which correspond to the specific situation of the land set-aside.
3. The land set aside may be used for:
— producing materials for the manufacture within the Community of
products not directly intended for human or animal consumption,
provided that effective controls are applied;
— growing legume crops on a agricultural holding, managed for the
totality of its production, in compliance with the obligations laid
down in Regulation (EEC) No 2092/91.
Member States shall be authorised to pay national aid up to 50 % of the
costs associated with establishing multiannual crops intended for
bio-mass production on set-aside land.
If the quantity of by-products for feed or food uses likely to be made
available as a result of the cultivation of oilseeds on land set-aside under
the first subparagraph will, on the basis of the forecast quantities covered
by contracts made with producers, exceed 1 million metric tonnes
annually expressed in soya bean meal equivalents, in order to limit such
quantity to 1 million metric tonnes, the amount of the forecast quantity
under each contract, which may be used for feed or food uses, shall be
reduced.
4. Where different yields are set for irrigated and non-irrigated land, the
payment for set-aside for non-irrigated land apply. In the case of
Portugal, payment shall take account of the aid granted under Regulation
(EEC) No 3653/90.
5. Producers may be granted the set-aside payment on land voluntarily
set aside in excess of their obligation. Member States shall allow farmers
to set-aside up to at least 10 % of the area down to arable crops and for
which a payment application is made, and left in set-aside pursuant to
this Regulation. Higher percentages may be set by a Member State taking
into account specific situations and ensuring sufficient occupation of
farmland.
6. The set-aside payment may be granted on a multiannual basis for a
period up to five years.
7. Producers who make a payment application for an area no bigger
than the area which would be needed to produce 92 tonnes of cereals, on
the basis of the yields determined for their region, are not bound by the
set-aside obligation. Paragraphs 5 and 6 shall apply to these producers.!M2
!B
!M3
!B
!M1
!B1999R1251 — EN — 01.08.2001 — 002.002 — 9
8. Without prejudice to Article 7, areas:
— set aside pursuant to agri-environment (Articles 22 to 24 of Council
Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural
development from the European Agricultural Guidance and
Guarantee Fund (EAGGF) and amending certain Regulations (1),
which are neither put to any agricultural use nor used for any
lucrative purposes other than those accepted for other land set aside
under this Regulation, or
— afforested pursuant to afforestation (Article 31 of Regulation (EC)
No 1257/1999,
as a result of an application made after 28 June 1995, may, up to any
limit per holding which may be set by the Member State concerned, be
counted as being set aside for the purposes of the set-aside requirement
indicated in paragraph 1. Such limit shall be set only to the extent
necessary to avoid a disproportionate amount of the available budget
relating to the scheme in question being concentrated on a small number
of farms.
However, on these areas, the area payment specified in Article 4 shall not
be granted and the support granted under Article 24(1), or Article 31(1),
second indent of Regulation (EC) No 1257/1999 (rural development
regulation) shall be limited to an amount equal at most to the area
payment for set aside specified in Article 4(3).
Member States may decide not to apply the scheme provided for in this
paragraph to a new applicant in any region in which there is a continuing
risk of a significant overshoot of the regional base area.
Article 7
Applications for payments may not be made in respect of land which, on
31 December 1991, was under permanent pasture, permanent crops or
trees or was used for non-agricultural purposes. However, applications
for payments for areas used for growing flax or hemp for fibre and, if
appropriate, for obligatory set-aside relating to it may be presented for
land which benefited from aid granted under Council Regulation (EEC)
No 1308/70 of 29 June 1970 on the common organisation of the market
in flax and hemp (2) during at least one of the marketing years from
1998/1999 to 2000/2001.
Member States may, on terms to be determined, depart from these
provisions under certain specific circumstances, in particular for areas
subject to restructuring programmes or for areas subject to standard
rotations of multiannual arable crops with those crops listed in Annex I.
In such cases, they shall take action to prevent any significant increase in
the total eligible agricultural area. This may in particular involve
deeming previously eligible areas ineligible as an offsetting measure.
Member States may also depart from the provisions of the first
subparagraph under certain specific circumstances relating to one or
other form of public intervention where such intervention results in a
farmer growing crops on land previously regarded as ineligible in order
to continue his normal agricultural activity and the intervention in
question means that land originally eligible ceases to be so with the result
that the total amount of eligible land is not increased significantly.
Moreover, Member States may, in certain cases not covered by the
previous two subparagraphs, depart from the first subparagraph if they
provide proof in a plan submitted to the Commission that the total
amount of eligible land remains unchanged.!B
(1) Sea page 80 of this Official Journal.
(2) OJ L 146, 4.7.1970, p. 1. Regulation as last amended by Regulation (EC) No
2702/1999 (OJ L 327, 14.12.1999, p. 7).!M2
!B1999R1251 — EN — 01.08.2001 — 002.002 — 10
Article 8
1. Payments shall be made between 16 November and 31 January
following the harvest. However, where Article 6(3) applies, area
payments for the land set aside shall be paid between 16 November
and 31 March.
2. In order to qualify for the area payment, a producer shall by 31 May
at the latest preceding the relevant harvest have sown the seed and by
15 May at the latest have lodged an application.
3. Member States shall take the necessary measures to remind
applicants of the need to respect environmental legislation.
Article 9
Detailed rules for the application of this Chapter shall be adopted in
accordance with the procedure laid down in Article 23 of Council
Regulation (EEC) No 1766/92 of 30 June 1992 on the common
organisation of the market in cereals (1) and in particular:
— those relating to the establishment and management of base areas,— those relating to the establishment of production regionalisation
plans,
— those relating to grass silage,— those relating to the granting of the area payment,
— those relating to the minimum area eligible for payment; such rules
shall take particular account of the monitoring requirements and of
the desired effectiveness of the scheme in question,
— those determining, for durum wheat, the eligibility for the
supplement to the area payment referred to in Article 5 and the
eligibility requirements for the special aid referred to in that Article,
and in particular determination of the regions to be taken into
consideration,
— with regard to flax and hemp grown for fibre, those relating to the
arrangements for contracts and to the commitment referred to in
Article 5a(1),
— with regard to hemp grown for fibre, those relating to the specific
control measures and methods for determining tetrahydrocannabinol
levels,
— those relating to set-aside, and in particular those relating to Article
6(3); these conditions shall define the fodder legumes that may be
grown on land set aside and, with regard to the first indent of the first
subparagraph of that paragraph, may include the growing of crops
without compensation,
— those relating to the conditions for applying Article 7; these
conditions shall specify under what circumstances the provisions of
Article 7 may be waived and Member States’ obligation to refer
envisaged action to the Commission for approval,
— those relating to compliance with the Memorandum of Under-
standing on certain oil seeds between the European Economic
Community and the United States of America within the framework
of the GATT approved by Decision 93/355/EEC (
2).!B
(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Commission Re-
gulation (EC) No 923/96 (OJ L 126, 24.5.1996, p. 37).
(2) OJ L 147, 18.6.1993, p. 25.!M2
!M3
!B1999R1251 — EN — 01.08.2001 — 002.002 — 11
According to the same procedure, the Commission may:
— either make the granting of payments subject to the use of:
(i) specific seeds;(ii) certified seed in the case of durum wheat and flax and hemp
grown for fibre;
(iii) certain varieties in the cases of oilseeds, durum wheat, linseed
and flax and hemp grown for fibre,
— or provide for the possibility for Member States to make the grant of
payments subject to such conditions,
— allow the dates in Article 8(2) to be varied in certain zones where
exceptional climatic conditions render the normal dates inapplicable,
— allow Member States, subject to the budgetary situation, to authorise,
by way of derogation from Article 8(1), payments prior to 16
November in certain regions, of up to 50 % of the area payments and
of the payment for set-aside in years in which exceptional climatic
conditions have so reduced yields that producers face severe
financial difficulties.
CHAPTER II
Article 10
1. For the 2000/2001 and 2001/2002 marketing years the area payments
for oilseeds are calculated by multiplying the following amounts by the
average cereals yield determined in the regionalisation plan in the region
concerned:
— EUR 81,74/t for the 2000/2001 marketing year,
— EUR 72,37/t for the 2001/2002 marketing year.However, Member States shall have the possibility of continuing to fix
the oilseeds payments on the basis of historical regional oilseeds yield. In
that case the yield shall be multiplied by 1,95.
2. For the 2000/2001 and 2001/2002 marketing years, a maximum
guaranteed area (MGA) shall be established for the crop-specific
oilseeds area payments of 5 482 000 hectares, reduced by the rate of
compulsory set-aside applicable for that marketing year, or by 10 % if
that rate is less than 10 %. If after the application of Article 2 the
maximum guaranteed area is exceeded, the Commission shall reduce the
amounts referred to in paragraph 1, in accordance with the provisions of
paragraphs 3 and 4.
3. If the area of oilseeds already determined as eligible for crop specific
oilseeds area payments in any year exceeds the MGAs, the Commission
shall reduce, by 1 % for each percentage point by which the MGA is
exceeded, the basic amount for that year. If the MGA is exceeded by
more than a threshold percentage, special rules shall apply. Up to the
threshold percentage, the reduction of the amount shall be uniform in all
Member States. Beyond the threshold percentage, appropriate additional
reductions shall apply in those Member States that have exceeded the
national reference areas set out in Annex V , reduced by the rate referred
to in paragraph 4. However, in the case of Germany the appropriate
additional reduction may be adjusted at its request, in whole or in part,
according to the regional base area; where this option is exercised,
Germany shall immediately send the Commission the data used to
calculate the reductions to be applied.!B
!M2
!B1999R1251 — EN — 01.08.2001 — 002.002 — 12
The Commission shall, in accordance with the procedure laid down in
Article 23 of Regulation (EEC) No 1766/92, establish the size and
distribution of the appropriate reductions to be applied and shall, in
particular, ensure that the weighted average reduction for the Community
as a whole is equal to the percentage by which the MGA has been
exceeded.
4. The threshold percentage provided for in paragraph 3 should be 0 %.5. If the oilseeds area payment is reduced in accordance with the
provisions in paragraphs 3 and 4, the Commission shall reduce the
relevant basic amounts for the following marketing year by the same
percentage unless the MGA is not exceeded in that year, in which case
the commission may determine that such a reduction shall not apply.
6. If the MGA for the Community is exceeded in 2000/2001 marketing
year, the percentage of reduction of the regional reference amounts
applied for the 1999/2000 marketing year shall be applied by the
Commission to the relevant basic amount for the 2000/2001 marketing
year by the same percentage.
7. Notwithstanding the provisions in this Article, Member States in
which there is a significant risk of the National Reference Area set out in
Annex V being substantially exceeded in the following marketing year
may limit the area for which an individual producer may receive the
oilseed area payments referred to in this article. Such limit shall be
calculated as a percentage of the arable land area, of either the Member
State or the regional base area, that is eligible for the area payments
provided for in this Regulation and shall be applied to the eligible arable
area of the producer. This limit may be differentiated between regional
base areas or sub-base areas on the basis of objective criteria. Member
States shall announce such limit, at the latest, by 1 August of the
marketing year prior to that in respect of which the area payment is
requested, or by an earlier date in the case of a Member State, or regions
within a Member State, where plantings for the marketing year
concerned take place prior to 1 August.
8. The reduction resulting from the overshoot of the MGA, applied in
accordance with the provisions of this Article, cannot lead to an amount
less than:
— EUR 58,67/t for the 2000/2001 marketing year,— EUR 63,00/t for the 2001/2002 marketing year.9. Producers of confectionery sunflower seed, sown for harvest, shall be
excluded from the benefit of the support provided for under the terms of
this article.
10. Within two years from the application of the present article the
Commission will submit a report to the Council on the development on
the oilseeds market. If necessary this report will be accompanied by
appropriate proposals should the production potential deteriorate
seriously.
Article 11
The amounts of the area payments and the payment for set-aside as well
as the percentage area to be set aside fixed in this Regulation may be
changed in the light of developments in production, productivity and the
markets, according to the procedure laid down in Article 37(2) of the
Treaty.
Article 12
Should specific measures be necessary to facilitate the transition from
the system in force to that established by this Regulation, such measures
shall be adopted in accordance with the procedure laid down in Article 23
of Regulation (EEC) No 1766/92.!B1999R1251 — EN — 01.08.2001 — 002.002 — 13
Article 13
The measures defined in this Regulation shall be deemed to be
intervention intended to stabilise agricultural markets within the meaning
of Article 1(2)(b) of Council Regulation (EC) No 1258/1999.
Article 14
Regulation (EEC) No 1765/92 and Regulation (EEC) No 1872/94 are
hereby repealed.
Article 15
1. This Regulation shall enter into force seven days after its publication
in the Official Journal of the European Communities .
2. This Regulation shall apply from the 2000/2001 marketing year
onwards.
3. Regulation (EEC) No 1765/92 and Regulation (EEC) No 1872/94
shall continue to be applied in relation to the 1998/1999 and 1999/2000
marketing years.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1999R1251 — EN — 01.08.2001 — 002.002 — 14
ANNEX I
DEFINITION OF PRODUCTS
CN code Description
I. CEREALS
1001 10 00 Durum wheat
1001 90 Other wheat and meslin other than durum wheat
1002 00 00 Rye
1003 00 Barley
1004 00 00 Oats
1005 Maize
1007 00 Grain sorghum
1008 Buckwheat, millet and canary seed; other cereals
0709 90 60 Sweet corn
II. OILSEEDS
1201 00 Soya beans
ex 1205 00 Rape seed
ex 1206 00 10 Sunflower seed
III. PROTEIN CROPS
0713 10 Peas
0713 50 Field beans
ex 1209 29 50 Sweet lupins
IV . FLAX
ex 1204 00 Linseed
(Linum usitatissimum L.)
ex 5301 10 00 Flax, raw or retted, grown for fibre
(Linum usitatissimum L.)
V . HEMP
ex 5302 10 00 Hemp, raw or retted, grown for fibre
(Cannabis sativa L.)!B
!M21999R1251 — EN — 01.08.2001 — 002.002 — 15
ANNEX II
TRADITIONAL PRODUCTION ZONES FOR DURUM WHEAT
GREECE
Nomoi (prefectures) of the following regions
Central Greece
PeloponneseIonian IslandsThessalyMacedoniaAegean IslandsThrace
SPAIN
Provinces
Almería
BadajozBurgosCádizCórdobaGranadaHuelvaJaénMálagaNavarraSalamancaSevilleToledoZamoraZaragoza
AUSTRIA
Pannonia
FRANCE
Regions
Midi-Pyrénées
Provence-Alpes-Côte d’AzurLanguedoc-Roussillon
Departments ( *)
Ardèche
Drôme
ITAL Y
Regions
Abruzzo
BasilicataCalabriaCampania!
B
(*) Each of these departments may be linked to one of the abovementioned regions.1999R1251 — EN — 01.08.2001 — 002.002 — 16
Latium
Marches
Molise
Umbria
Apulia
Sardinia
Sicily
Tuscany
PORTUGAL
Districts
Santarém
Lisbon
Setúbal
Portalegre
Évora
Beja
Faro!B1999R1251 — EN — 01.08.2001 — 002.002 — 17
ANNEX III
MAXIMUM GUARANTEED AREAS IN RECEIPT OF THE SUPPLE-
MENT TO THE AREA PAYMENT FOR DURUM WHEAT
(hectares)
Greece 617 000
Spain 594 000France 208 000Italy 1 646 000Austria 7 000Portugal 118 000!
B1999R1251 — EN — 01.08.2001 — 002.002 — 18
ANNEX IV
MAXIMUM GUARANTEED AREAS IN RECEIPT OF THE SPECIAL AID
FOR DURUM WHEAT
(hectares)
Germany 10 000
Spain 4 000France 50 000Italy 4 000United Kingdom 5 000!
B1999R1251 — EN — 01.08.2001 — 002.002 — 19
ANNEX V
NATIONAL REFERENCE AREA
(in 1 000 hectares)
CountryFor the 2000/2001 and 2001/2002
marketing years
Belgium 6
Denmark 236
Germany 929
Greece 26
Spain 1 168
France 1 730
Ireland 5
Italy 542
Luxembourg 2
Netherlands 7
Austria 147
Portugal 93
Finland 70
Sweden 137
United Kingdom 385!B1999R1251 — EN — 01.08.2001 — 002.002 — 20