1999R2316 — EN — 01.07.2003 — 005.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2316/1999
of22October1999
laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 estab-
lishingasupportsystemforproducersofcertainarable crops
(OJ L 280, 30.10.1999, p. 43)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1454/2000 of 3 July 2000 L 163 28 4.7.2000
►M2Commission Regulation (EC) No 2860/2000 of 27 December 2000 L 332 63 28.12.2000
►M3Commission Regulation (EC) No 556/2001 of 21 March 2001 L 82 13 22.3.2001
►M4Commission Regulation (EC) No 1157/2001 of 13 June 2001 L 157 8 14.6.2001
►M5Commission Regulation (EC) No 327/2002 of 21 February 2002 L 51 14 22.2.2002
►M6Commission Regulation (EC) No 335/2003 of 21 February 2003 L 49 3 22.2.2003
►M7Commission Regulation (EC) No 1035/2003 of 17 June 2003 L 150 24 18.6.2003
Corrected by:
►C1Corrigendum, OJ L 328, 23.12.2000, p. 55 (2316/1999)
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COMMISSIONREGULATION(EC)No2316/1999
of22October 1999
laying down detailed rules for the application of Council Regula-
tion (EC) No 1251/1999 establishing a support system for
producersofcertainarable 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 arablecrops(
1), and in particular Article 9 thereof,
Whereas:
(1)Regulation (EC) No 1251/1999 replaced the support system for
producersof certain arable cropsprovided for in Council Regu-lation (EEC) No 1765/92 (
2), aslas t amended by Regulation
(EC) No 1624/98 (3). Following the changesentailed by the
new system and in view of experience gained, the rules on the
application of the area payment system should be harmonised
and, where appropriate, simplified. In the interests of clarity, itis appropriate to recast in a single act the provisions of thespecific regulations governing the various aspects of that system,that is the following Commission regulations:
Regulation (EEC) No 2467/92 (
4) asamended by Regulation
(EEC) No 3738/92 (5), Regulation (EEC) No 2836/93 (6), aslas t
amended by Regulation (EC) No 1503/97 (7), Regulation (EC)
No 762/94 (8), aslas t amended by Regulation (EC) No 1981/
98 (9), Regulation (EC) No 1098/94 (10), aslas t amended by
Regulation (EC) No 1945/1999 (11), Regulation (EC) No 1237/
95 (12), aslas t amended by Regulation (EC) No 2017/97 (13),
Regulation (EC) No 658/96 (14), aslas t amended by Regulation
(EC) No 610/1999 (15) and Regulation (EC) No 1577/98 (16).
(2)The area paymentsprovided for in Regulation (EC) No 1251/1999 must be restricted to certain areas to be specified. Onlyone application for an area payment should be permitted in
respect of any parcel cultivated in a given marketing year. Any
parcel covered by an ‘area’ aid application under the commonorganisation of the market in any other product in respect ofthe same marketing year cannot qualify under the area paymentscheme. Area payments can be granted on crops subsidized
under a scheme falling within the Community's structural or
environmental policies.
(3)Article 7 of Regulation (EC) No 1251/1999 definesthe land thatis eligible for area payments. That Article authorises certainexceptionsunder the control of the Member Stateswhich mus t
not undermine the effectiveness of the arrangements laid down
in that Regulation. In order to avoid any such risk, suitablemeasures should be laid down to keep the total area of eligible1999R2316 — EN — 01.07.2003 — 005.002 — 2
(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 181, 1.7.1992, p. 12.
(3) OJ L 210, 28.7.1998, p. 3.
(4) OJ L 246, 27.8.1992, p. 11.
(5) OJ L 380, 24.12.1992, p. 24.
(6) OJ L 260, 19.10.1993, p. 3.
(7) OJ L 202, 30.7.1997, p. 48.
(8) OJ L 90, 7.4.1994, p. 8.
(9) OJ L 256, 19.9.1998, p. 8.
(10) OJ L 121, 12.5.1994, p. 12.
(11) OJ L 241, 11.9.1999, p. 14.
(12) OJ L 121, 1.6.1995, p. 29.
(13) OJ L 284, 16.10.1997, p. 36.
(14) OJ L 91, 12.4.1996, p. 46.
(15) OJ L 75, 20.3.1999, p. 24.
(16) OJ L 206, 23.7.1998, p. 17.
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land at the current level and to prevent any appreciable increase
therein. To that end, certain muftiannual crops should be consid-ered asincluded among rotating crops . Areascovered by
restructuring programmes could also be considered eligible for
area payments. It is necessary to define what is meant byrestructuring, appreciable increases in agricultural area and theobligation to exchange eligible and ineligible land.
(4)The sowing of land for the sole purpose of qualifying for area
paymentss hould be prevented. Certain conditionsrelating to
the sowing and cultivation of crops must be specified, in parti-cular as regards oilseeds, protein plants, linseed and durumwheat. Local standards must be respected in order to reflect thediversity of agricultural practice within the Community.
(5)In order to foster the Community's policy of quality improve-
ment, only applicants who have sown seed of specified varieties
and qualities should be eligible for area payments in respect ofcolza and rape seed. For determining eligible varieties, referenceshould be made for the sake of consistency, simplification andgood management, to the Common Catalogue of VarietiesofAgricultural Plant Species established by Council Directive 70/
457/EEC (
1), aslas t amended by Directive 98/96/EC (2), while
for the 2000/01 marketing year, reference should be made tothe varieties eligible under the previous scheme for the sake ofclarity and to maintain continuity. The Community'sglucos ino-late and erucic acid standards for colza and rape seed should be
clarified and tests should be laid down to measure the glucosino-
late and erucic acid content of seed samples. It is necessary toclarify the position regarding variety associations of colza andrape seed and certain other categories of seed. The varieties ofsunflower seed which constitute confectionery sunflower seedshould be specified.
(6)The Member Statesin which maize isnot grown traditionallymay set a base area for silage grass. It is necessary to definewhat is meant by silage grass.
(7)Standards for sweet lupins and tests to determine whether or nota sample of lupins is sweet should be laid down.
(8)Article 5 of Regulation (EC) No 1251/1999 providesfor the
granting of a supplement to the area payment to producers of
durum wheat in traditional production regionswithin amaximum guaranteed area for each Member State concerned.That maximum guaranteed area may be distributed among theregionsof production. A de minimis rule on the size of such
production regionss hould be introduced to prevent their frag-
mentation and so that the principle of proportionality iscomplied with in the application of any penaltiesincurred forovershoots. Areas eligible for the special aid for durum wheatin non-traditional areashave been allocated to certain MemberStates. The regions of the Member States allocated such areas
should be defined. Regulation (EC) No 1251/1999 provides that
certified durum wheat seed must be used. Specific measuresshould be taken to ensure that such seed is used. A minimumquantity and a transitional period over which the quantity ofthat seed used is to be attained must be set in order to avoid
supply difficulties or disturbances on the market in certified
seed. In view of the diversity of agricultural practice within theMember Statesand within regionsthereof, the s etting of theminimum quantity and the adoption of any transitional measuresneeded should be left to the Member States concerned.
(9)Regulation (EC) No 1251/1999 provides inter alia for the area
payment scheme to apply subject to a system of regional base
areas. With a view on the one hand to the transparency neededand on the other to satisfactory management of those areas, the1999R2316 — EN — 01.07.2003 — 005.002 — 3
(1) OJ L 225, 12.10.1970, p. 1.
(2) OJ L 25, 1.2.1999, p. 27.
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number of hectareseligible under the area payment s cheme and
the way they are distributed need to be determined for eachMember State.
(10)Article 3 of Regulation (EC) No 1251/1999 allowsregionalis a-
tion plansto differentiate between irrigated and non-irrigated
areas. What is meant by irrigation should be defined. A separatebase area may be established for maize. In some Member States,thisarea may largely concern s ilage maize. By the nature ofsilage maize, yields may not be expressed in tonnes per hectare.
The yield applicable in this case should therefore be defined.
The Member Statess hould be given the opportunity to laydown the yield applicable to silage maize in relation to the yieldof comparable arable cropsin the region concerned.
(11)The areas to be taken into account with a view to assessing anyovershoot in the base area and the rules for determining theextent of such overshoots should be specified. Where a separate
base area is established for maize, irrigated areas or silage grass,
special rules must be laid down as regards the areas to be takeninto account with a view to calculating any overshoot in the basearea in question. The rules for determining any overshoot in thebase area must ensure that the base area is complied with in allcases. The way the overshoot is to be calculated in respect of the
maximum guaranteed areas for durum wheat should also be
specified.
(12)In order to prevent complicated regionalisation plans resulting inactual yields appreciably in excess of the reference yields, Regu-lation (EC) No 1251/1999 providesfor area paymentsto beadjusted in the following marketing year in proportion to theovershoot of the average yield resulting from the regionalisation
plans. The data necessary for calculating any overshoot of the
reference yieldsmus t be available in good time. The procedureto be followed for establishing such overshoots should be speci-fied and the reference yields resulting from regionalisation plansasdetermined in accordance with the criteria laid down in
Article 3 of that Regulation should be fixed.
(13)Pursuant to Article 2 of Regulation (EC) No 1251/1999, elig-
ibility for area paymentsisconditional on an obligation on theproducers concerned to set aside part of the area on their hold-ings. In order to ensure that such set-aside contributes to betterbalance on the market, detailed implementing rulescapable ofensuring that the scheme has the necessary effectiveness and
that it is consistent with the overall system introduced by Regu-
lation (EC) No 1251/1999 should be laid down. To that end,while areasother than thos e referred to in Article 7 of that Regu-lation should not be definitively excluded from the scheme,provision should be made for the areas counting as set-aside tobe comparable with those counting for the purposes of calcu-
lating the regional base area. The scheme's effectiveness may
be enhanced if provision is also made for set-aside to apply tounbroken areas of a minimum size. Provisions should also belaid down regarding environmental protection and the mainte-nance and utilisation of the areas set aside. Regulation (EC) No
1251/1999 exempts from the set-aside obligation producers
whose application does not exceed production equivalent to 92tonnesof cereals . The method for calculating the 92-tonneproduction limit must be specified. For the sake of clarity, provi-sions must be laid down for cases where the set-aside obligationisnot met.
(14)The minimum period for which land is to be set aside must
extend at least over the growing cycle of the arable crops
covered by Regulation (EC) No 1251/1999. However, in orderto take certain specific circumstances into account, it should bepossible for land set aside to be used before the minimum set-aside period expires.
(15)Rules should be laid down to ensure that farmers who undertaketo set aside certain areas for a period not exceeding five1999R2316 — EN — 01.07.2003 — 005.002 — 4
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marketing yearsreceive a minimum payment. The adjus tments
and penalties applicable under the scheme should be laid down.
(16)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), as
amended by Commission Regulation (EC) No 1664/95 (2),
providesfor direct aid per hectare for certain cerealsgrown inPortugal during a transitional period. Pursuant to Article 6(4) ofRegulation (EC) No 1251/1999, such aid may be taken into
account for the purposes of calculating the compensation for
compulsory set-aside only.
(17)Article 8(2) of Regulation (EC) No 1251/1999 requiresprodu-cers of cereals, oilseeds and protein plants to complete sowingby 31 May at the latest. In certain cases, sowing can be put offuntil after 31 May because of the climate. The deadline for
sowing and for submitting applications should be extended for
certain crops in certain regions. However, such extensionsshould not adversely affect the effectiveness of the supportsystem or undermine the control system introduced by CouncilRegulation (EEC) No 3508/92 (
3), aslas t amended by Regulation
(EC) No 1036/1999 (4).
(18)In order to ensure that the processing industry receives regular
supplies of sweetcorn throughout the marketing year, producersmust be able to spread their sowings over a longer period. Thefinal date for sowing sweetcorn should therefore be deferred to15 June.
(19)Article 10(7) of Regulation (EC) No 1251/1999 providesthat
those Member States where there is a risk that the reference
area may be substantially exceeded can limit the area in respectof which individual producersmay apply for crop-s pecificoilseeds area payments. That limit must be laid down on thebasis of objective criteria and expressed as a percentage of theproducer'seligible agricultural area. That limit may vary from
one regional base area to another. Producers must be notified of
that limit by a given date before oilseed sowing commences.Where any producers' applications for crop-specific oilseedsarea paymentscover an area in exces sof the limit, the areaover the limit must be excluded from the application. The area
on which area payments for land set aside are payable may
need to be reduced accordingly.
(20)In order to ensure that the area payment system functions prop-erly in respect of any given marketing year, statisticalmonitoring must be carried out on the application of the systemfor that year. For the purposes of budget forecasts at Community
level, provisional figures must be available by 15 September at
the latest of the year in progress. The date by which the defini-tive rate of any overshoot is to be notified must be fixed. Thedata serving as the basis for calculating any overshoots in thebas e areasand in the maximum guaranteed areasfor durumwheat and any breakdown of the latter into base sub-areas or
regionsmus t be available in good time.
(21)The scheme provided for by Regulation (EC) No 1251/1999 will
apply asfrom marketing year 2000/01. In order for the producersconcerned to be able to sow as well as carry out the possible set-aside and submit their area payment applications for the saidmarketing year in the knowledge of and in compliance with the
rules for the application of the new scheme, the provisions of the
present Regulation should enter into force as soon as it ispublished in the Official Journal of the European Communities .1999R2316 — EN — 01.07.2003 — 005.002 — 5
(1) OJ L 362, 27.12.1990, p. 28.
(2) OJ L 158, 8.7.1995, p. 13.
(3) OJ L 355, 5.12.1992, p. 1.
(4) OJ L 127, 21.5.1999, p. 4.
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(22)The Management Committee for Cerealshasnot delivered an
opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
CHAPTERI
Eligibility forareapayments
SECTION I
General provisions
Article 1
1. Area paymentsasprovided for in Regulation (EC) No 1251/1999
shall be granted in accordance with the conditions laid down in this
Regulation.
2. In a given marketing year, no more than one application for an
area payment may be made in respect of any cultivated parcel.
3. No area payment may be granted on any cultivated parcel which
is covered in respect of the same marketing year by an application forarea-based aid under a scheme financed under Article 1(2)(b) ofCouncil Regulation (EC) No 1258/1999 (
1) for arable cropsother than
those covered by Regulation (EC) No 1251/1999.
Article 2
1. For the purposes of Article 7 of Regulation (EC) No 1251/1999,
the definitions of ‘permanent pasture’, ‘permanent crops’, ‘multi annualcrops’ and ‘restructuring programme’ shall be those set out in Annex I.
2. Land on which aid hasbeen granted under Title I of Council
Regulation (EEC) No 2328/91 (
2) or under Council Regulation (EEC)
No 3766/91 (3) or, in the case of Finland and Sweden, land set aside
under a national set-aside scheme shall be considered eligible for area
payments.
3. Areasnewly declared eligible by the Member Statesunder a
restructuring programme must not exceed the area newly declaredineligible under that programme by more than 5 %. However, thefollowing shall not be taken into account when the abovementioned
increase is determined:
(a) in the new German Länder, 2 500 ha affected by the restructuring
of agricultural land in the period from 1 January to 30 June 1992and planted with arable cropsfor harves t in 1993;
(b) the remaining land covered by plansfor the grubbing-up of wine-
growing areasfor the 1991/92 wine year approved before 31December 1991 under Council Regulations(EEC) No 1442/88 (
4)
and No 2239/86 (5) and carried out within the time limitslaid
down therein.
4. Pursuant to the third paragraph of Article 7 of Regulation (EC)
No 1251/1999, the Member Statesmay not increas e their total eligible
agricultural area, either temporarily or permanently, by more than 0,1 %
of their total base area.
The Member States shall send the Commission an annual list of author-
isations issued pursuant to the third paragraph of Article 7 ofRegulation (EC) No 1251/1999, specifying the number of farmers, theareas concerned and the reasons.1999R2316 — EN — 01.07.2003 — 005.002 — 6
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 218, 6.8.1991, p. 1.
(3) OJ L 356, 24.12.1991, p. 17.
(4) OJ L 132, 28.5.1988, p. 3.
(5) OJ L 196, 18.7.1986, p. 1.
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In duly substantiated special cases, the limit laid down in the first
subparagraph may be revised in accordance with the procedure laiddown in Article 23 of Council Regulation (EEC) No 1766/92 (
1).
5. Cases as referred to in the fourth paragraph of Article 7 of Regu-
lation (EC) No 1251/1999 shall be those where producers are able togive relevant, objective reasons for exchanging ineligible land foreligible land on their holdings, provided that the Member State haschecked that there are no valid reasons for refusing such exchanges,
in particular from the viewpoint of environmental risks. Under no
circumstances may exchanges result in any increase in the total areaof eligible arable land on the holding. The Member Statess hall providefor a system for the prior notification and approval of such exchanges.
By 31 May at the latest each year, the Member States shall submit
plans to the Commission comprising a list of the criteria on the basis
of which exchangeshave been approved and evidence to the effect
that the total area of eligible land has not increased as a result of suchexchanges.
Article 3
1. Area payments for arable crops shall be paid solely on areas:
(a) located in regionsdeclared by the Member State asclimatically and
agriculturally suitable for growing arable crops. The Member States
shall have the power to decide that any region is not suitable for
producing certain arable crops;
(b) fully sown in accordance with local standards. Where cereals are
sown in a mixture with oilseeds or protein plants, or where oilseeds
are sown in a mixture with protein plants, the lowest rate of areapayment shall apply;
(c) on which the crop ismaintained until at leas t the beginning of
flowering under normal growing conditionsin accordance withlocal practice.
Crops of oilseeds, protein plants, linseed, fibre flax and durum
wheat must continue to be cultivated under normal growing condi-tionsin accordance with local practice at leas t until 30 June priorto the marketing year in question, unless they are harvested at fullmaturity before that date. Protein plantsmay not be harves ted 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,cropsmus t continue to be cultivated under normal growing condi-
tionsin accordance with local practice at leas t until 10 daysafter
the end of flowering. However, the Member State may authorisehemp grown for fibre to be harvested after flowering has begunbut before the end of the 10-day period after flowering, providedthe inspectors indicate which representative parts of each plotconcerned must continue to be cultivated until ten days after flow-
ering for inspection purposes, in accordance with the procedure laid
down in Annex XIII;
(d) covered by applications in respect of at least 0,3 ha, each parcel
cultivated being larger than the minimum size fixed by the MemberState for the region concerned.
1a Notwithstanding paragraph 1(c), areas fully sown the crops from
which, cultivated in accordance with local standards, do not attain thetime limitsfixed for the varioustypesof cropsin that paragraph asaresult of exceptional weather conditions recognised by the MemberStatess hall remain eligible for area paymentsprovided that the areasin question are not used for any other purpose up to those time limits.1999R2316 — EN — 01.07.2003 — 005.002 — 7
(1) OJ L 181, 1.7.1992, p. 21.▼M5
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2. Where any producer'seligible areasare located in more than one
region of production, the amount payable shall be determined by thelocation of each area covered by hisapplication.
3. Member Statesthat treat maize s eparately in regionswhere maize
is grown principally for silage shall be authorised to apply the yield fora feed grain in that region to all areasunder maize in the regionsinquestion.
SECTION 2
Special provisions covering certain arable crops
Article 4
1. The Member States shall apply a quality policy in respect of
colza and rape seed by limiting areas eligible for area payments to
those sown with certified seed of double-zero (00) varieties of colzaand rape seed notified and entered as such in the common catalogueof varieties of agricultural plant species established by Council Direc-tive 2002/53/EC (
1) prior to any payment. Where a variety isremoved
from the common catalogue, it shall continue to be eligible until 30
June of the third year following that in which it wasincluded at thelatest. Double-zero varieties shall be those producing seed with amaximum glucosinolate content of 25 µmol/g at a moisture content of
9 %, asdetermined by method EN ISO 9167-1: 1995, and an erucicacid content of not more than 2 % of the total fatty acid content, as
determined by method EN ISO 5508: 1995.
2. By way of derogation from paragraph 1, the Member Statesmay
include areass own with one or more of the following categoriesofrape and colza seed among those eligible for area payments:
(a) certified seed of double zero variety associations the components of
which have been notified and entered where appropriate asdouble
zero in the Common Catalogue of Varietiesof Agricultural Plant
Species;
(b) seed harvested from certified seed of double zero varieties grown
on the same holding;
(c) seed of stocks registered, prior to sowing, for inspection and
control and intended to yield a crop for use as breeders', pre-basic,
basic or certified seed for sowing, research or testing purposes to
determine whether the stock may be added to a Member State'snational variety list and, subsequently, to the Common Catalogueasa double zero variety;
(d) certified seed of the ‘Bienvenu’ and ‘Jet Neuf’ varieties covered by
a cultivation contract signed prior to sowing by the producer and abuyer specially approved to that end by the competent authority ofthe Member State, with a view to obtaining seed for the productionof oil intended for specified uses in food or feed;
(e) seed of stocks with an erucic acid content of more than 40 % of the
total fatty acid content and covered by a cultivation contractconcluded, prior to sowing, with an approved first buyer with aview to obtaining seeds intended for a specified non-food use orfor use as seed for sowing to obtain such a crop.
4. For the 2000/01 marketing year, areas sown with certified seed ofvarieties and variety associations listed in Annex II to Regulation (EC)No 658/96 shall also be eligible for area payments.1999R2316 — EN — 01.07.2003 — 005.002 — 8
(1) OJ L 193, 20.7.2002, p. 1.▼M7
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▼B
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5. For the purposes of Article 10(9) of Regulation (EC) No 1251/
1999, varieties of sunflower seed that constitute confectionerysunflower seed shall be as listed in Annex II.
Article 5
‘Sweet lupins’ means those varieties of lupins producing seed
comprising not more than 5 % bitter seeds. The bitter seed contentshall be calculated in accordance with the test set out in Annex III.
Article 6
1. For the purposes of the first paragraph of Article S of Regulation
(EC) No 1251/1999, producersof durum wheat in the zoneslis ted inAnnex II to that Regulation shall receive the supplement to the areapayment within the maximum guaranteed area set out in Annex III to
that Regulation.
For the purposes of Annex II to Regulation (EC) No 1251/1999,
Pannonia in Austria shall comprise the zones listed in Annex IV tothisRegulation.
2. Where the maximum guaranteed area isdis tributed among the
production zonesand production regionsasprovided for in the third
paragraph of Article 5 of Regulation (EC) No 1251/1999, the following
provisions shall apply:
(a) if any production region isles sthan 500 ha in area, the Member
Statesconcerned may join the region in ques tion to an adjacentproduction region;
(b) in Italy, account may be taken of the areastraditionally s own to
durum wheat and set aside under the five-year scheme from 1993to 1997;
(c) by 15 September at the latest of the marketing year preceding that
in respect of which the area payment application is made, the
Member Statesconcerned s hall notify the producersand theCommission of the distribution of the maximum guaranteed area.
3. Special aid asprovided for in the fourth paragraph of Article 5 of
Regulation (EC) No 1251/1999 shall be granted in the zones listed inAnnex V to thisRegulation for up to the maximum number of hectares
set out in Annex IV to Regulation (EC) No 1251/1999 in respect of
any parcel eligible for the payment for areasunder arable cropsprovided for in Article 1 of that Regulation and sown to durum wheat.
4. For the purposes of granting aid for durum wheat as referred to in
paragraphs1 and 3, ‘area’ aid applicationsasreferred to in Article 4 ofCommission Regulation (EEC) No 3887/92 (
1) must contain all infor-
mation required for identifying parcelss own to durum wheat and
must be accompanied by proof that certified seed has been used.
Aid applications in respect of durum wheat shall be valid only where:
(a) an area payment application is submitted in respect of the same
number of hectaresunder durum wheat;
(b) seed certified in accordance with Council Directive 66/402/EEC (2)
isus ed.
5. The Member Statess hall fix the minimum quantity of certified
seed to be used in accordance with agricultural practice in the MemberState concerned.
A transitional period of up to three years commencing on 1 July 1998
may be allowed for the quantity of such seed used to reach the
minimum, in accordance with the specific measures notified to theCommission by the Member States by 30 June 1998 at the latest.1999R2316 — EN — 01.07.2003 — 005.002 — 9
(1) OJ L 391, 31.12.1992, p. 36.
(2) OJ 125, 11.7.1966, p. 2309/66.
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Where a discrepancy is found between the minimum quantity of certi-
fied seed fixed by the Member State and the quantity actually used, thearea 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 ofthe producer in question. The area thus determined shall be used, afterthe abovementioned reductionshave been made, for calculating theentitlement to the supplement or the special aid.
6. The supplement to the area payment and the special aid for
durum wheat shall be paid at the same time as the area payment.
Article 7
1. For the purposes of Article 1(3) of Regulation (EC) No 1251/
1999, ‘silage grass’ means the crop grown on areas mainly sown to
herbaceous grasses and harvested green at least once a year with aview to preservation in an enclosed environment by anaerobic fermen-tation.►
M4Areas registered for growing grass seed certified in
accordance with Directive 66/401/EEC during the marketing year inquestion shall not quality for area payments. ◄
2. The provisions of this Regulation, with the exception of the
condition relating to flowering in Article 3(1)(c), shall apply to silage
grass.
3. Producers in the Member States that make provision for a specific
area for silage grass as set out in Annex VI shall be eligible for area
payments in respect of silage grass.
Article 7a
1. For the purposes of Article 5a(1) of Regulation (EC) No 1251/
1999, the area payment for flax and hemp grown for fibre iss ubject to:
(a) the submission of a copy of the contract or commitment referred to
in Article 2(1) of Council Regulation (EC) No 1673/2000 (
1)b y1 5
September at the latest after lodging the payment applicationreferred to in Article 8(2) of Regulation (EC) No 1251/1999 or byan earlier date laid down by the Member State; and
(b) the use of seed of the varieties listed in Annex XII on 15 May
preceding the year in respect of which the area payment application
is made. In the case of hemp grown for fibre, the seed must also becertified in accordance with Council Directive 69/208/EEC (
2).
2. To allow checks on the fibre flax seed and certified seed of hemp
grown for fibre used, the ‘area’ aid application referred to in Article 4of Regulation (EEC) No 3887/92 must be accompanied by the officiallabelsintroduced by Directive 69/208/EEC and in particular Article 10thereof, or provisions adopted on the basis of that Article, on the
packaging of the seed used or, in the case of flax grown for fibre, any
other document recognised as equivalent by the Member Stateconcerned, including the certification provided for in Article 14 ofthat Directive. Where sowing takes place after the deadline for submit-ting ‘area’ aid applications, the labels or documents recognised as
equivalent shall be submitted by 30 June at the latest following the
submission of the application.
Where labels for seed of hemp grown for fibre also have to be
submitted to other national authorities, the Member States may provide
for those labels to be returned to the farmer once they have beensubmitted to the authorities responsible for ‘area’ aid applications.1999R2316 — EN — 01.07.2003 — 005.002 — 10
(1) OJ L 193, 29.7.2000, p. 16.
(2) OJ L 169, 10.7.1969, p. 3.▼B
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3. For the purposes of granting the area payment for hemp grown
for fibre, the ‘area’ aid application referred to in Article 4 of Commis-sion Regulation (EEC) No 3887/92 must contain:
(a) all information required for identifying parcelss own to hemp for
each variety of hemp sown; and
(b) information on the quantities of seed used (kg per hectare).
The Member Statesmay fix the minimum s owing rate compatible
with good hemp-growing practice. This information shall be sent to
the Commission by 15 May 2001 at the latest.
Article 7b
1. For the purposes of Article 5a(2) of Regulation (EC) No 1251/
1999, the method to be used by the competent authorities of theMember State for determining tetrahydrocannabinol (THC) levelson a
percentage of areasunder hemp grown for fibre for which payment
applicationshave been made isdes cribed in Annex XIII.
The Member States shall send the Commission, by 15 November of the
marketing year in question at the latest a report on the THC contentfindings. The report shall indicate, for each variety:
(a) for procedure A, indication of the point at which the sample was
taken;
(b) the number of tests carried out;
(c) the results in terms of THC content, shown separately for each
0,1 %,
(d) measures taken at national level.
Where the checks show, for a significant number of samples of a given
variety, THC contents exceeding that laid down in the second subpara-
graph of Article 5a(1) of Regulation (EC) No 1251/1999, theCommission may, without prejudice to any other measures it mighttake, decide in accordance with the procedure laid down in Article 23of Regulation (EEC) No 1766/92 to use procedure B for the varietyconcerned in the course of the following marketing year.
The varietiesof hemp grown for fibre lis ted 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.
2. Checkson the THC content of the cropsgrown on at leas t 30 %
of the areasof hemp grown for fibre for which area aid applications
have been made must cover at least 30 % of the applications in ques-
tion and all the varieties of seed used.
Member States shall notify the Commission, by 15 May 2001 at the
latest, of the detailed rules and conditions linked to the system of priorapproval of cropsallowing the minimum percentage of areasof hemp
grown for fibre for which area applicationshave been made on which
the THC content isto be checked to be reduced from 30 % to 20 %.Any amendment of these detailed rules or conditions must be notifiedto the Commission. Where such a system is applied, checks must coverat least 20 % of the applications in question and all the varieties of
seed used.
3. Applicationsto include a variety of hemp on the lis t given in
Annex XII must be accompanied by a report giving the findings ofanalyses carried out in accordance with procedure B of the methoddescribed in Annex XIII and a description of the variety in question.1999R2316 — EN — 01.07.2003 — 005.002 — 11
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CHAPTERII
Baseareasandreference yields
SECTION 1
General provisions
Article 8
The base areas as referred to in Articles 2 and 3 of Regulation (EC) No
1251/1999 shall be as set out in Annex VI.
Article 9
1. Where regionalisation plans provide for different yields for irri-
gated and non-irrigated land in accordance with Article 3(3) of
Regulation (EC) No 1251/1999, the Member Statess hall lay down
rulesto determine whether or not areasare irrigated in the cours e of amarketing year. They shall in particular lay down:
(a) a list of arable crops on which area payments may be granted at the
rate for the irrigated yield;
(b) a description of the irrigation equipment which the farmer must
have at his disposal; such equipment must be commensurate withthe area concerned and must allow for the supply of the water
needed for the normal development of plantsduring their growth
cycle;
(c) the relevant irrigation period.
2. Paragraph 1 shall not apply where irrigation is a historical feature
linked to the parcels and allows them to be distinguished and listed,
like ‘regadío’ production regionsin Spain.
SECTION 2
Area overshoot
Article 10
1. For the purposes of determining any overshoots in regional base
areasin accordance with Article 2(4) of Regulation (EC) No 1251/1999, the competent authority of the Member State shall take account,on the one hand, of the regional base area fixed in Annex VI and, onthe other hand, of the sum of areas covered by applications for areapayments submitted in respect of each crop, including the corre-
sponding compulsory set-aside. Any voluntary set-aside shall be
included with areasother than irrigated, other than under maize and/orother than under silage grass.
2. The sum of the areas covered by aid applications submitted shall
not include areas, or parts thereof, covered by applications that admin-
istrative checks show to be clearly unjustified.
Where applicable, the area actually determined during on-the-spot
checks pursuant to Article 6 of Regulation (EEC) No 3887/92 shallcount.
3. Areass own to arable cropsin accordance with Regulation (EC)
No 1251/1999 and used in support of aid applications under Council
Regulation (EC) No 1254/1999 (
1) shall be added to the sum of the
areas covered by applications submitted, adjusted in accordance withparagraph 2.
4. The overshoot shall be calculated in accordance with the table in
Annex VII.1999R2316 — EN — 01.07.2003 — 005.002 — 12
(1) OJ L 160, 26.6.1999, p. 21.
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Article 11
1. For the purposes of determining any overshoot in the maximum
guaranteed area for durum wheat eligible for the supplement to thearea payment, the competent authoritiesof the Member Statess halltake account, on the one hand, of the maximum guaranteed area laiddown in Annex III to Regulation (EC) No 1251/1999, where applicable
distributed among the regions, and, on the other hand, of the sum of the
areascovered by applicationsfor the s upplement to area paymentsinrespect of durum wheat, adjusted in accordance with Article 10(2) ofthisRegulation and, where applicable, reduced in accordance withArticle 2(4) of Regulation (EC) No 1251/1999.
2. Paragraph 1 shall apply for the purposes of determining any over-
shoot in the maximum guaranteed areas eligible for the special aid fordurum wheat set out in Annex IV to Regulation (EC) No 1251/1999.
Article 12
1. Where the areasreferred to in Articles10 and 11 are found to be
exceeded, the Member State concerned shall, by 31 October of themarketing year in question, determine the definitive rate of overshoot
truncated to two decimal points.
2. The definitive rate of overshoot thus determined shall be used to
calculate the proportional reduction in the area eligible for:
(a) the area payment in accordance with the first subparagraph of
Article 2(4) of Regulation (EC) No 1251/1999;
(b) the supplement thereto and the special aid for durum wheat, once
the first subparagraph of Article 2(4) of Regulation (EC) No 1251/1999 hasbeen applied.
Article 13
For the purposes of Article 2(6) of Regulation (EC) No 1251/1999, the
Member States shall, by 15 September at the latest of the marketingyear in respect of which the area payment is applied for, determine
the following and shall notify the Commission thereof:
(a) the national base area to be subdivided;
(b) the criteria used by the Member State to establish the sub-base
areas;
(c) the sub-base areas (number, name and size);
(d) the detailed rules for concentrating measures applicable in case of
overshoot.
SECTION 3
Overshoot in reference yield
Article 14
For the purposes of Article 3(7) of Regulation (EC) No 1251/1999, the
summary statements of aid applications and the yields pertaining
thereto shall be those forwarded by Member States in accordance with
Article 26 of thisRegulation.
For that purpose, the reference yields shall be those set out in Annex
VIII to thisRegulation.
Article 15
For the purposes of calculating the average yield resulting from aid
applicationsin res pect of a given marketing year, the following proce-
dure shall apply:
(a) the areas shall firstly be reduced proportionately, where appro-
priate, in accordance with the first subparagraph of Article 2(4) ofRegulation (EC) No 1251/1999;1999R2316 — EN — 01.07.2003 — 005.002 — 13
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(b) the average cereals yield for the region shall be used for areas
under oilseeds where payments for the 2000/01 and 2001/02marketing years are based on the historical regional yields for
oilseeds;
(c) the average cerealsyield for non-irrigated land in the region s hall
be used for areas under arable crops that are declared as forage
areas for the purposes of premiums for beef and sheep.
Article 16
Before 31 May each year, the Commission shall carry out a compara-
tive examination of the information referred to in Articles14 and 15and shall fix the relevant correcting coefficients in accordance withthe procedure laid down in Article 23 of Regulation (EEC) No 1766/92.
Article 17
The coefficientsreferred to in Article 16 s hall apply to all area
paymentsin the Member State or region in which the bas e area inquestion is located, with the exception of the supplement to the areapayment and the special aid for durum wheat.
CHAPTERIII
Set-aside
Article 18
‘Set-aside’ means leaving fallow an area eligible for area payments
within the meaning of Article 7 of Regulation (EC) No 1251/1999.
Article 19
1. Areas set aside in accordance with this Chapter must cover a
single area at least 0,3 ha in size and at least 20 m wide.
The Member Statesmay accept:
(a) smaller areas involving whole parcels with permanent boundaries
such as walls, hedges or watercourses;
(b) whole parcelsles sthan 20 m wide in regionswhere parcelsof that
size are traditional;
(c) parcels at least 10 m wide alongside permanent watercourses or
lakes and subject to special controls aiming in particular to ensure
compliance with environmental objectives. ►M2In thiscas e, the
minimum area referred to in the above subparagraph may be 0.1ha.◄
2. Areas set aside must so remain for a period commencing on 15
January at the latest and ending on 31 August at the earliest. However,
the Member Statess hall lay down the conditionsunder which produ-
cers may be authorised to sow seed from 15 July for harvesting in thefollowing year and the conditionsto be met in order for grazing to beauthorised from 15 July in Member States where transhumance is prac-tised traditionally.
3. Set-aside areas may not be used for any agricultural production,
other than that provided for in Article 6(3) of Regulation (EC) No1251/1999, nor put to any agricultural or lucrative use which wouldbe incompatible with growing an arable crop.
4. The Member States shall apply suitable measures compatible with
the specific situation of areas set aside in order to ensure they aremaintained and the environment is protected. Such measures may alsoinvolve green cover; in that case, the measures must ensure that thegreen cover cannot be used for seed production and that it cannot under1999R2316 — EN — 01.07.2003 — 005.002 — 14
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any circumstances be used for agricultural purposes before 31 August
or, before 15 January thereafter, to produce cropsfor marketing.
5. Paragraphs 3 and 4 shall not apply to areas set aside or afforested
pursuant to Articles 22, 23, 24 and 31 of Regulation (EC) No 1257/1999 and counting for the purposes of compulsory set-aside wheresuch land proves to be incompatible with the environmental or affores-tation requirements laid down in those Articles.
Article 20
1. For the purposes of Article 6(6) of Regulation (EC) No 1251/
1999, the Member States may grant the set-aside payment on a multi-annual basis for a period up to five marketing years.
2. Without prejudice to Article 2(4) of Regulation (EC) No 1251/
1999 and to any subsequent increase in the basic amounts fixed in
Article 4(3) thereof, producers who undertake to set aside the same
parcelsfor the period referred to in paragraph 1 s hall receive the areapayment for that period, calculated on the basis of the basic amountand the yieldsin the regionalis ation plan in force at the time of theirundertaking.
3. Where producersdeliberately go back on their undertakingsin
their ‘area’ aid applicationsbefore the period referred to in paragraph1 expires, they must reimburse 5 % of the area payment in respect ofthe previousmarketing year on areaswithdrawn from their under-taking, multiplied by the number of yearsin which they have failed to
fulfil their original commitment.
4. Producerswho opt for the arrangement provided for in paragraph
2 may go back on their undertakingswithout incurring the penaltyprovided for in paragraph 3:
(a) where they decide to set aside or afforest the areas in question
under a scheme provided for in Articles 22, 23, 24 and 31 of Regu-
lation (EC) No 1257/1999;
(b) in special cases authorised by the Member States and entailing a
change in farm structure beyond the producer's control, such as
reparcelling.
5. Where, as the result of a change in farm structure during the
period covered by the undertaking, the area set aside under this Articleexceedsthe percentage limit laid down by the Member Statespurs uant
to Article 6(5) of Regulation (EC) No 1251/1999 at the time of such
undertaking, the areas covered by the undertaking shall be adjusted inaccordance with that limit.
Article 21
1. Where the declared area set aside is smaller than the area corre-
sponding to the percentage of compulsory set-aside laid down for the
marketing year in question, the area on which producers of arable crops
subject to the set-aside obligation are eligible for area payments shallbe calculated on the basis of the declared set-aside area and the percen-tages of the various crops, including silage grass; it may not howeverbe reduced to an area less than that required to produce 92 t of cereals
asreferred to in Article 6(7) of Regulation (EC) No 1251/1999.
2. The cereal production referred to in paragraph 1 shall be calcu-
lated on the basis of the yield used for the area payments. If theMember State has chosen to use the historical regional yields foroilseeds, it shall be multiplied by 1,95.
Article 22
In the case of Portugal, in accordance with Article 6(4) of Regulation
(EC) No 1251/1999, the area payment for compulsory set-aside shall beincreased by the amounts shown in Annex IX. Those amounts shall befinanced in accordance with Article 5 of Regulation (EEC) No 3653/90.1999R2316 — EN — 01.07.2003 — 005.002 — 15
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Article 23
1. ‘Area’ aid applicationsasreferred to in Regulation (EEC) No
3887/92 shall be broken down by region in accordance with Article 3of Regulation (EC) No 1251/1999.
2. For each area payment application in a given region of produc-
tion, there must be a corresponding set-aside declaration in respect of
at least the corresponding number of hectares in the same region ofproduction.
3. A derogation from paragraph 2 may be provided for in accor-
dance with objective criteria laid down by the Member State.
4. By way of derogation from paragraph 2, the compulsory set-aside
corresponding to an application for area payment submitted may beeffected in whole or in part:
(a) in Spain, in the ‘secano’ region in the case of holdings situated in
‘secano’ and ‘regadío’ production regions;
(b) in another region of production, provided that the areasto be s et
aside are located in regions of production adjacent to those inwhich the cultivated areasare s ituated.
5. Where paragraphs 3 and 4 are applied, the area to be set aside
must be adjusted to take account of the difference between the yields
used to calculate the payment in respect of set-aside in the regionsconcerned. However, the application of thisparagraph mus t not leadto fewer hectares being set aside than the obligation requires.
Article 23a
1. For the purposes of applying the second indent of Article 6(3) of
Regulation (EC) No 1251/1999, ‘fodder legume crop’ meansan areasown with one or more species listed in Annex XIV. Sowing in a
mixture with cereals and/or grasses shall be allowed on condition that:
(a) the area is sown mainly with fodder legumes;
(b) they cannot be harvested separately.
Where specific regional environmental standards established by the
Member States for organic crops set a ceiling on area sown with fodderlegumes, the condition concerning areas sown mainly with fodderlegumes laid down in (a) shall be met if at least 85 % of the limit fixed
by the Member Statesiscomplied with.
2. Areason which fodder legume cropsasreferred to in paragraph 1
qualify between 15 January and 31 August under the aid schemeprovided for in Council Regulation (EC) No 603/95 of 21 February1995 on the common organisation of the market in dried fodder (
1)
shall not qualify for area payments.
CHAPTERIV
Specialprovisions
Article 24
By way of derogation from Article 8(2) of Regulation (EC) No 1251/
1999, the Member Statesmay defer the final date for s owing to no
later than 15 June for the crops listed in Annex X and in the zones, tobe defined by the Member Statesconcerned, located in the regionsspecified in that Annex.
Where the deferment of the final date for sowing concerns all arable
crops, the Member States may also put back the closing date for thesubmission of area payment applications by the producers in the zones1999R2316 — EN — 01.07.2003 — 005.002 — 16
(1) OJ L 63, 21.3.1995, p. 1.▼M4
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concerned to 15 June at the latest or to the final date for sowing,
whichever occursearlier.
Article 25
1. The limit provided for in Article 10(7) of Regulation (EC) No
1251/1999 shall be set taking account of the national reference areaand the total area of eligible agricultural land and with the objectiveof avoiding planting on a scale that would result in excessive reduc-tions in the crop-specific oilseeds area payment.
2. The limit and the criteria applied to establish it shall be notified
to the Commission at the earliest possible date and by 31 July at thelatest of the marketing year prior to that covered by the area payment
application.
3. With a view to assessing producers' eligibility for area payments,
the competent authoritiess hall check whether their aid applicationsfall
within the limit laid down. Any land covered by applicationsfor crop-
specific oilseeds area payments in excess of the limit shall be disal-lowed.
4. In cases where disallowance of areas pursuant to paragraph 3
means that the area set aside by a producer exceeds the limit laiddown in Article 6(5) of Regulation (EC) No 1251/1999 and applicablein the Member State concerned, the area set aside and covered by thearea payment application shall be reduced so that it does not exceed
that limit.
5. Any land disallowed under producers' ‘area’ aid applications
pursuant to paragraphs 3 and 4 shall not count for the purposes of
Article 2(4) and (6) of Regulation (EC) No 1251/1999.
CHAPTERV
Finalprovisions
Article 26
Notifications
1. The Member States shall send the Commission the information to
be provided in tables as described in Annex XI in the standardisedformat described therein, by production region, base area and country,
in accordance with the following timetable:
(a) by 15 September of the marketing year in progress: data obtained
taking into account controlsand checksalready carried out;
(b) by the following 31 October at the latest: definitive data corre-
sponding to those used to calculate the definitive rate of overshootreferred to in Article 12; and
(c) by the following 15 February at the latest: the final data corre-
sponding to the areas for which aid has actually been paid, afterthe reductionsin area provided for in Article 9 of Regulation
(EEC) No 3887/92 have been deducted.
2. Where the areasreferred to in Articles10 and 11 are found to
have been exceeded, the Member State concerned shall notify the
Commission of the definitive rate of the overshoot immediately and at
the latest by 31 October of the marketing year in progress. The dataused to calculate the rate by which a base area is exceeded shall beforwarded using the form in Annex VII.
3. Where the rate of overshoot is distributed in accordance with
Article 2(6) and the third paragraph of Article 5 of Regulation (EC)No 1251/1999, the Member State concerned shall notify the Commis-sion of such distribution by 31 October at the latest.1999R2316 — EN — 01.07.2003 — 005.002 — 17
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Article 27
The Member States shall adopt the measures necessary for the applica-
tion of this Regulation and shall notify them to the Commission within
one month of their adoption or amendment.
Article 28
Regulations(EEC) No 2467/92, (EEC) No 2836/93, (EC) No 762/94,
(EC) No 1098/94, (EC) No 1237/95, (EC) No 658/96 and (EC) No
1577/98 shall be repealed with effect from 1 July 2000.
References to the repealed regulations shall be construed as references
to thisRegulation.
Article 29
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial Journal of the European Communities .
It shall apply to the support for producers of certain arable crops in
respect of the 2000/01 and following marketing years.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1999R2316 — EN — 01.07.2003 — 005.002 — 18
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ANNEX I
(Article 2(1))
DEFINITIONS
1.Permanent pasture
Non-rotational land used for grass production (sown or natural) on a perma-
nent basis (five years or longer).
2.Permanent crops
Non-rotational cropsother than permanent pas ture that occupy the land for
five years or longer and yield repeated harvests, with the exception of multi-
annual crops.
3.Multiannual crops
CN code
0709 10 00 Artichokes
0709 20 00 Asparagus
ex 0709 90 90 Rhubarb
0810 20 Raspberries, blackberries, mulberries and loganberries
0810 30 Black-, white- or redcurrantsand goos eberries
0810 40 Cranberries, bilberries and other fruits of the genus
Vaccinium
4.Restructuring programme
Change to the structure and/or eligible area of a holding imposed by the
public authorities.1999R2316 — EN — 01.07.2003 — 005.002 — 19
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ANNEX II
(Article 4(5))
Confectionerysunflowerseedvarieties
Agripro 3450
Agrosur
Dahlgren D-131 (Toma)Dahlgren D-151Dahlgren D-171
Dahlgren D-181
Dahlgren 954Dahlgren D-1950
Dahlgren D-1998
DisetHagen Seed SG 9011Hagen Seed SG 9054
Hagen Seed SG 9211
Interstate (IS)8004Kelisur
Royal Hybrid 381
Royal Hybrid 2141Royal Hybrid 3801Royal Hybrid 3831
Royal Hybrid 4381
RRC 995RRC 2211RRC 2232
RRC 4211
SIGCO 826SIGCO 828
SIGCO 829
SIGCO 830SIGCO 954SIGCO 964
SIGCO 974
SIGCO 995Toma
Triumph 660C
Triumph 505C+Triumph 520CTriumph 515C
USDA Hybrid 9241999R2316 — EN — 01.07.2003 — 005.002 — 20
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ANNEX III
(Article 5)
TESTFORBITTERLUPINS
To be performed on a sample of 200 grains taken from a batch of 1 kg from
each lot of 20 t maximum.
The test is intended solely to provide qualitative evidence of the presence of
bitter grains in the sample. The homogeneity tolerance is 1 grain per 100. Use
the Grain-Cut method according to Von Sengbusch (1942), Ivanov and Smir-
nova (1932) and Eggebrecht (1949). Cut the dry or swollen grains crosswise.Place the half-grains in a sieve and dip in an iodine solution for ten seconds,
then rinse under water for five seconds. The cut surfaces of bitter grains turn
brown while those low in alkaloids remain yellow.
To prepare the iodine solution, dissolve 14 g of potassium iodate in as little
water as possible, add 10 g of iodine and dilute to ►
C11 000 cm3◄. Leave
the solution to stand for one week before use. Store in brown bottles. Dilute the
stock solution to three to five times its initial volume before using.1999R2316 — EN — 01.07.2003 — 005.002 — 21
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ANNEX IV
(second subparagraph of Article 6(1))
ZONESELIGIBLEFORTHESUPPLEMENTFORDURUMWHEATIN
AUSTRIA
PANNONIA:
1.Gebiete der Bezirksbauernkammern
2046 Tullnerfeld-Klosterneuburg
2054 Baden
2062 Bruck/Leitha-Schwechat2089 Baden
2101 Gänserndorf
2241 Hollabrunn2275 Tullnerfeld-Klosterneuburg2305 Korneuburg
2321 Mistelbach
2330 Krems/Donau2364 Gänserndorf
2399 Mistelbach
2402 Mödling2470 Mistelbach2500 Hollabrunn
2518 Hollabrunn
2551 Bruck/Leitha-Schwechat2577 Korneuburg
2585 Tullnerfeld-Klosterneuburg
2623 Wr. Neustadt2631 Mistelbach2658 Gänserndorf
2.Gebiete der Bezirksreferate
3018 Neusiedl/See
3026 Eisenstadt3034 Mattersburg
3042 Oberpullendorf
3.Gebiete der Landwirtschaftskammer
1007 Wien1999R2316 — EN — 01.07.2003 — 005.002 — 22
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ANNEX V
(Article 6(3))
ZONESELIGIBLEFORTHESPECIALAIDFORDURUMWHEAT
GERMANY:
Kreise und Kreisfreie Städte:
Baden-Württemberg:
Stadt Stuttgart, Ludwigsburg, Rems-Murr-Kreis, Stadt Heilbronn, Heilbronn,
Hohenlohekreis, Main-Tauber-Kreis, Stadt Karlsruhe, Karlsruhe, Stadt Baden-
Baden, Rastatt, Stadt Heidelberg, Stadt Mannheim, Rhein-Neckar-Kreis, Stadt
Pforzheim, Enzkreis, Ortenaukreis.
Bayern:Stadt Ingolstadt, Dachau, Eichstätt, Freising, Fürstenfeldbrück, Neuburg-Schro-
benhausen, Pfaffenhofen a.d.Ilm, Kelheim, Stadt Ansbach, Ansbach, Neustadt-
Bad Winsheim, Stadt Aschaffenburg, Aschaffenburg, Bad Kissingen, Rhön-
Grabfeld, Haßberge, Kitzingen, Main-Spessart, Stadt Schweinfurt, Schweinfurt,
Stadt Würzburg, Würzburg.
Rheinland-Pfalz:Ahrweiler, Stadt Koblenz, Mayen-Koblenz, Bad Kreuznach, Rhein-Lahn-Kreis,
Westerwald-Kreis, Bernkastel-Wittlich, Bitburg-Prüm, Daun, Trier-Saarburg,
Stadt Trier, Stadt Frankenthal, Landau i.d.P., Ludwigshafen, Mainz, Neustadt/
Weinstr., Speyer, Worms, Alzey-Worms, Bad Dürkheim, Donnersbergkreis,
Germersheim, Südl. Weinstraße, Ludwigshafen, Mainz-Bingen.
Hessen:Stadt Frankfurt/Main, Wiesbaden, Bergstraße, Stadt Darmstadt, Darmstadt-
Dieburg, Groß-Gerau, Hochtaunuskreis, Main-Kinzig-Kreis, Main-Taunus-Kreis,
Stadt Offenbach, Offenbach, Rheingau-Taunus-Kreis, Wetteraukreis, Lahn-Dill-
Kreis, Limburg-Weilburg.
Saarland:Stadt Saarbrücken, Merzig-Wadern, Neunkirchen, Saarlouis, Sankt Wendel.Sachsen:Mittweida, Muldentalkreis.Sachsen-Anhalt:Bernburg, Köthen, Burgenlandkreis, Mansfelder Land, Merseburg-Querfurt,
Saalkreis, Sangerhausen, Aschersleben-Straßfurt, Halberstadt, Jerichower Land,
Quedlinburg, Schönebeck.
Thüringen:Unstrut-Hainich-Kreis, Kyffhäuserkreis, Gotha, Sömmerda, Hildburghausen,
Stadt Weimar, Weimarer Land, Altenburger Land, Stadt Erfurt.
SPAIN
ComarcasagrícolasAlmazán (SO), Bajo Aragón (TE), Campiña (GU), Campo de Gómara (SO),
Centro (AB), El Cerrato (P), Hoya de Huesca (HU), La Montaña (A), Las Vegas
(M), Logrosán (CC), Monegros (HU), Noroeste (MU), Requena-Utiel (V), Rioja
Baja (LO), Segría (L), Sierra Rioja Baja (LO), Sur (VA), Suroeste y Valle de
Guadalentín (MU), Trujillo (CC), Urgel (L), Valle de Ayora (V).
FRANCE
Départements
Aisne, Aube, Charente, Charente-Maritime, Cher, Deux-Sèvres, Essonne, Eure,
Eure-et-Loir, Indre, Indre-et-Loire, Loir-et-Cher, Loiret, Lot-et-Garonne,
Maine-et-Loire, Marne, Nièvre, Orne, Sarthe, Seine-et-Marne, Vendée, Vienne,
Yonne, Yvelines.
ITALY
Province
Alessandria, Bologna, Brescia, Cremona, Ferrara, Forlì, Gorizia, Lodi, Mantova,
Milano, Modena, Padova, Parma, Pavia, Piacenza, Pordenone, Ravenna, Reggio1999R2316 — EN — 01.07.2003 — 005.002 — 23
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Emilia, Rimini, Rovigo, Torino, Treviso, Udine, Venezia, Vercelli, Verona,
Vicenza.
UNITED KINGDOM
England.1999R2316 — EN — 01.07.2003 — 005.002 — 24
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ANNEX VI
(Article 8)
BASEAREAS
(1 000 ha)
Region All cropsof which maizeof which silage
grass
BELGIUM
Total 489,5
of which: Flanders-Brussels 96,4
DENMARK 2 018,6
GERMANY 10 159,4 (3) 540,3 (3)
Schleswig-Holstein 506,2
Hamburg 5,1
Niedersachsen 1 424,7
Bremen 1,8
Nordrhein-Westfalen 948,5
Rheinland-Pfalz 368,6
Hessen 461,4
Baden-Württemberg 735,5 122,1
Bayern 1 776,0 418,2
Saarland 36,6
Berlin 2,9
Brandenburg 889,6
Mecklenburg-Vorpommern 968,2
Sachsen 599,0
Sachsen-Anhalt 880,9
Thüringen 554,4
GREECE 1 491,7 222,1
SPAIN
Regadío 1 371,1 403,4
Secano 7 849,0
FRANCE
Total 13 582,1
Base area for maize 613,8 (2)
Irrigated base area 1 209,7 (2)
IRELAND 345,6 0,2
ITALY 5 801,2 400,8
LUXEMBOURG 42,8
NETHERLANDS 441,7 208,31999R2316 — EN — 01.07.2003 — 005.002 — 25
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(1 000 ha)
Region All cropsof which maizeof which silage
grass
AUSTRIA 1 203,5
PORTUGAL
Azores9,7Madeira
— Irrigated 0,31 0,29
— Other 0,30
Mainland
— Irrigated 293,4 221,4
— Other 658,3
FINLAND 1 591,5 200,0
SWEDEN 1 737,1 130,0
UNITED KINGDOM
England 3 794,6 33,2 (
1)
Scotland 551,6
Northern Ireland 52,9
Wales61,4 1,2 (1)
(1) With the exception of sweetcorn.
(2) Including 284 000 ha irrigated maize.
(3) Where Article 2(6) of Regulation (EC) No 1251/1999 isapplied.1999R2316 — EN — 01.07.2003 — 005.002 — 26
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ANNEX VII
(Article 10(4))
1999R2316 — EN — 01.07.2003 — 005.002 — 27
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1999R2316 — EN — 01.07.2003 — 005.002 — 28
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ANNEX VIII
(Article 14,secondparagraph)
REFERENCEYIELDSASREFERREDTOINARTICLE3(7)OFREGU-
LATION(EC)No1251/1999
Belgium 6,24
Denmark 5,22
Germany 5,66 (1)
— Schleswig-Holstein 6,81
— Hamburg 6,01
— Niedersachsen 5,33
— Bremen 5,34
— Nordrhein-Westfalen 5,81
— Hessen 5,50
— Rheinland-Pfalz 4,78
— Baden-Württemberg 5,48
— Bayern 5,94
— Saarland 4,38
— Berlin 4,52
— Brandenburg 4,54— Mecklenburg-Vorpommern 5,45
— Sachsen 6,23
— Sachsen-Anhalt 6,14
— Thüringen 6,13
Greece 3,39
Spain 2,9
France 6,02
Ireland 6,08
Italy 3,9
Luxembourg 4,26
Netherlands6,66
Portugal 2,90
United Kingdom 5,83
Austria 5,27
Sweden 4,02
Finland 2,82
(1) Where Article 2(6) of Regulation (EC) No 1251/1999 isapplied.1999R2316 — EN — 01.07.2003 — 005.002 — 29
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ANNEX IX
(Article22)
SUPPLEMENTFORSET-ASIDEINPORTUGAL
(EUR)
Marketing year 2000/01 2001/02 2002/03
Supplementary payment 9,64 ►M49,64◄ 3,411999R2316 — EN — 01.07.2003 — 005.002 — 30
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ANNEX X
(Article 24,firstparagraph)
Latest date for sowing: 15 June
Crop Member State Region
All cropsFinland Whole territory
Sweden Whole territory
Sweetcorn
Hemp grown for fibreAll Member StatesWhole territory1999R2316 — EN — 01.07.2003 — 005.002 — 31
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ANNEX XI
(Article26(1))
INFORMATIONTOBECOMMUNICATEDTOTHECOMMISSION
The information is to be presented in the form of a series of tables drawn up in
accordance with the model described below:
— a first set of tables giving information at production region level within the
meaning of Article 3 of Regulation (EC) No 1251/1999,
— a second set of tables giving information in respect of each base area region
within the meaning of Annex VI to thisRegulation,
— a single table summarising the information for each Member State.
The tables are to be sent in hard copy and in computerised form.
Formulae for areas: 5 = 1 + 2 + 3 + 4
1 0=7+8+9
16 = 17 + 1821 = 5 + 10 + 11 + 12 + 13 + 14 + 15 + 16 + 20
Notes:
Each table must quote the region in question.
The yield isthat us ed for calculating area paymentsin accordance with Regula-
tion (EC) No 1251/1999.
The distinction between ‘irrigated’ and ‘non-irrigated’ land should only be made
in the case of regions containing both. In that case:
(d) = (e) + (f)
(j) = (k) + (l)Line 1 relatesonly to durum wheat eligible for the s upplement to the area
payment provided for in the first paragraph of Article 5 of Regulation (EC) No
1251/1999.
Line 2 relatesonly to durum wheat eligible for the s pecial aid provided for in
the fourth paragraph of Article 5 of Regulation (EC) No 1251/1999.
Line 19 relates only to areas set aside or afforested under Articles 22, 23, 24
and 31 of Regulation No 1257/1999 and counting as arable land set aside under
Article 6(8) of Regulation (EC) No 1251/1999.
Line 20 corresponds to the areas referred to in the second subparagraph of
Article 2(4) of Regulation (EC) No 1251/1999.
Information must also be forwarded in respect of producers not applying for the
per-hectare aid under the support system for certain arable crops (Regulation
(EC) No 1251/1999). Thisinformation, to be given under ‘Other’ in columns
‘m’ and ‘n’, mainly relatesto arable cropsdeclared asforage areasfor the
purposes of obtaining premiums for the production of beef/veal and sheepmeat.
Line 23 relates to land set aside for the production of non-food crops and on
which no paymentsare made under the rulesimplementing Article 6(3) of
Regulation (EC) No 1251/1999 (e.g. sugarbeet, Jerusalem artichokes and
chicory roots).
Line 24 relates to land set aside and used for growing fodder legumes in accor-
dance with the second indent of Article 6(3) of Regulation (EC) No 1251/1999.1999R2316 — EN — 01.07.2003 — 005.002 — 32
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1999R2316 — EN — 01.07.2003 — 005.002 — 33
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ANNEX XII
(Article 7a(1))
VARIETIES OF FLAX AND HEMP GROWN FOR FIBRE ELIGIBLE
FORTHESUPPORTSYSTEM
1.Flaxgrownforfibre
Adélie
Agatha
Alizée
Angelin
ArgosAriane
Aurore
BelinkaCaesar AugustusDianeDiva
Drakkar
Electra
EliseEscalinaEvelinExel
Hermes
IlonaLauraLiflaxLiviolaMarinaMarylinNikeOpalineRosalinVenusVeralinVikingViola
2a.Hempgrownforfibre
Carmagnola
BenikoChamaeleonCsDelta-IlosaDioica 88Epsilon 68Fedora 17Felina 32Felina 34 — Félina 341999R2316 — EN — 01.07.2003 — 005.002 — 34
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Ferimon — Férimon
FibranovaFibrimon 24Futura 75
Juso 14
Red PetioleSanthica 23
Uso 31
2b.Hempgrownforfibreauthorisedinthe2003/2004marketingyear
Delta 405
Bialobrzeskie
Fasamo
Fedora 19Fédrina 74
Fibrimon 56
FuturaSanthica 271999R2316 — EN — 01.07.2003 — 005.002 — 35
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ANNEX XIII
(Article 7b(1))
COMMUNITY METHOD FORTHE QUANTITATIVE DETER MINA-
TION OF ∆9-THC (TETRAHYDROCANNABINOL) CONTENT IN
HEMPVARIETIES
1.Subjectmatterandscope
Thismethod s eeksto determine the ∆9-tetrahydrocannabinol (THC) content
of varietiesof hemp ( Cannabis sativa L.). Asappropriate, the method
involvesapplying procedure A or B herein des cribed.
The method isbas ed on the quantitative determination of ∆9-THC by gas
chromatography (GC) after extraction with a suitable solvent.
1.1.Procedure A
Procedure A isus ed for checkson production asprovided for in Article
5a(2) of Regulation (EC) No 1251/1999.
1.2.Procedure B
Procedure B is used in cases as referred to in the third subparagraph of
Article 7b(1) of thisRegulation and for checking that the conditionslaid
down in the second subparagraph of Article 5a(1) of Regulation (EC) No
1251/1999 are fulfilled with a view to inclusion on the list of varieties of
hemp eligible for aid from the 2001/02 marketing year.
2.Sampling
Where a Member State uses the possibility provided for in the third para-
graph of Article 3(1)(c), at least three distinct parts of the plot, comprising
at least 4 000 plants, must be left in the field on the inspector's instructions
until at least ten days after flowering has finished so that a sample can be
taken.
2.1.Samples
— Procedure A: in a standing crop of a given variety of hemp, take a
30 cm part containing at least one female inflorescence of each plant
selected. Sampling is to be carried out during the period running from
20 daysafter the s tart of flowering to 10 daysafter the end of flow-
ering, during the day, following a systematic pattern to ensure that the
sample is representative of the field but excluding the edges of the crop.
Member States may authorise sampling to be carried out during the
period from the start of flowering to 20 days after the start of flowering
provided that, for each variety grown, other representative samples are
taken in accordance with the above rulesduring the period from 20
daysafter the s tart of flowering to 10 daysafter the end of flowering,
— Procedure B: in a standing crop of a given variety of hemp, take the
upper third of each plant selected. Sampling is to be carried out during
the 10 daysfollowing the end of flowering, during the day, following a
systematic pattern to ensure that the sample is representative of the
field but excluding the edgesof the crop. In the cas e of dioeciousvari-
eties, only female plants must be taken.
2.2.Sample size
— Procedure A: the sample is to comprise parts of 50 plants per field,
— Procedure B: the sample is to comprise parts of 200 plants per field.
Each sample is to be placed in a fabric or paper bag, without crushing it,
and sent to the laboratory for analysis.
The Member State may provide for a second sample to be collected for
counteranalysis, if required, to be kept either by the producer or by the
body responsible for the analysis.
2.3.Drying and storage of the sample
Drying of the samples must begin as soon as possible and, in any case,
within 48 hours using any method below 70 ºC. Samples should be dried
to a constant weight and to a moisture content of between 8 % and 13 %.1999R2316 — EN — 01.07.2003 — 005.002 — 36
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After drying, store the samples without crushing them at below 25 ºC in a
dark place.
3.DeterminationofTHCcontent
3.1.Preparation of the test sample
Remove stems and seeds over 2 mm in size from the dried samples.
Grind the dried samples to obtain a semi-fine powder (passing through a
1 mm mesh sieve).
The powder may be stored for 10 weeks at below 25 ºC in a dark, dry
place.
3.2.Reagents and extraction solution
Reagents
—∆9-tetrahydrocannabinol, pure for chromatographic purposes,
— squalane, pure for chromatographic purposes, as an internal standard.
Extraction solution— 35 mg of squalane per 100 ml hexane.
3.3.Extraction of ∆
9-THC
Weigh 100 mg of the powdered test sample, place in a centrifuge tube and
add 5 ml of extraction solution containing the internal standard.
Place in an ultrasound bath and leave for 20 minutes. Centrifuge for five
minutes at 3 000 r.p.m. and then remove the supernatant THC solution.
Inject the solution into the chromatograph and carry out a quantitative
analysis.
3.4.Gas chromatography
(a) Apparatus
— gas chromatograph with a flame ionisation detector and a split/split-
less injector,
— column allowing good separation of cannabinoids, for example a
glass capillary column 25 m long and 0,22 mm in diameter impreg-
nated with a 5 % non-polar phenyl-methyl-siloxane phase.
(b) Calibration ranges
At leas t three pointsfor procedure A and five pointsfor procedure B,
including points0,04 and 0,50 mg/ml ∆9-THC in extraction solution.
(c) Experimental conditions
The following conditionsare given asan example for the column
referred to in (a):
oven temperature: 260 ºC
injector temperature: 300 ºCdetector temperature: 300 ºC
(d) Injection volume: 1 µl
4.Results
The findings are to be expressed to two decimal places in grams of ∆
9-THC
per 100 grams of analytical sample dried to constant weight. A tolerance of
0,03 g per 100 g applies.
— Procedure A: one determination per test sample.
However, where the result obtained is above the limit laid down in the
second subparagraph of Article 5a(1) of Regulation (EC) No 1251/
1999, a second determination must be carried out per analysis sample
and the mean value of the two determinationswill be taken asthe
result,
— Procedure B: the result corresponds to the mean value of two determi-
nations per test sample.1999R2316 — EN — 01.07.2003 — 005.002 — 37
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ANNEX XIV
Fodderlegumesasreferred toinArticle23a
CN code
0713 90 Viciaspp. excluding Vicia faba and
Vicia sativa , harvested at full maturity
Vicia sativa other than harvested at
full maturity
ex 1209 29 50 Lupinus spp. other than sweet lupins
ex 1214 90 99 Medicago spp.
Trifolium spp.
Lathyrus spp.
Melilotus spp.
Onobrychis spp.
Ornithopus sativus
Hedysarum coronarium
Lotus corniculatusGalega orientalis
Trigonella foenum-graecum
Vigna sinensis1999R2316 — EN — 01.07.2003 — 005.002 — 38