1997R0613 — EN — 01.06.1997 — 001.001 — 1
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►B COMMISSION REGULATION (EC) No 613/97
of 8 April 1997
laying down rules for the application of Council Regulation (EC) No 3072/95 as regards the
conditions for granting compensatory payments under the aid scheme for rice producers
(OJ L 94, 9.4.1997, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1305/97 of 4 July 1997 L177 11 5.7.1997
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COMMISSION REGULATION (EC) No 613/97
of 8 April 1997
laying down rules for the application of Council Regulation (EC)
No 3072/95 as regards the conditions for granting compensatory
payments under the aid scheme for rice producers
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
HavingregardtoCouncilRegulation(EC)No3072/95of22December
1995 on the common organization of the market in rice(1), and in
particular Articles 8, 21 and 25 (5) thereof,
Whereas Regulation (EC) No 3072/95 lays down that Community rice
producersmayclaimacompensatorypaymentundercertainconditions;whereas the detailed rules for applying this scheme must be laid down,without prejudice to the provisions of the integrated administration andcontrol system for certain Community aid schemes as laid down inCouncil Regulation (EEC) No 3508/92 of 27 November 1992 estab-lishing an integrated administration and control system for certainCommunity aid schemes(
2), as last amended by Regulation (EC) No
2466/96(3), and in Commission Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rules for applying the integratedadministration and control system for certain Community aidschemes(
4), as last amended by Regulation (EC) No 2015/95(5);
Whereas specific measures for French Guiana and Portugal should be
laid down in order to take account of the different periods of sowing;
Whereas Regulation (EEC) No 3508/92 contains no specific rules on
thefinaldateinthericesectorbywhich‘area'aidsmustbeappliedfor;whereas transitional deadlines should therefore be fixed for themarketing year 1997/98;
Whereas the Commission must have the necessary statistical informa-
tion in sufficient time to establish the scale of the reductions to beapplied; whereas the Member States possess this information throughthe aid applications submitted by the producers; whereas provisionshould therefore be made for a standardized and periodic notificationfrom the Member States to the Commission containing the informationrequired; whereas any reductions in the compensatory payment shouldbe established on the basis of the information sent by the MemberStates;
WhereastheMemberStatesshouldbeallowedtocorrecttheirnotifica-
tionssothattheratesofreductionfixedbytheCommissioncorrespondto the actual position; whereas the Commission should also be able toadapt, if necessary, the rates initially adopted in the light of the correc-tions sent by the Member States; whereas, however, in the interests oflegal certainty, the application of this correction mechanism should besubject to time restrictions;
Whereasitisanessentialpartoftheschemethattheareasnotincluded
in the notificationsto the Commission cannot qualify for compensatorypayments;
Whereas the Management Committee for Cereals has not delivered an
opinion within the time limit set by its chairman,
(1) OJ No L 329, 30. 12. 1995, p. 18.
(2) OJ No L 355, 5. 12. 1992, p. 1.
(3) OJ No L 335, 24. 12. 1996, p. 1.
(4) OJ No L 391, 31. 12. 1992, p. 36.
(5) OJ No L 197, 22. 8. 1995, p. 2.
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HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the detailed rules for implementing the
compensatory payments provided for in Article 6 of Regulation (EC)No3072/95,withoutprejudicetotheprovisionslaiddownaspartoftheintegrated administration and control system provided for by Regula-tions (EEC) No 3508/92 and (EEC) No 3887/92.
Article 2
Any given cultivated parcel shall not be the subject of more than one
application for compensatory payment pursuant to Regulation (EC) No3072/95, and shall not be the subject of any other aid application.
In French Guiana, the compensatory payment shall be awarded on the
basis of the average area sown in each of the two sowing cycles.
Article 3
The compensatory payment shall be awarded for areas:
— which have been entirely utilized, on which all normal cultivation
work has been performed and on which the rice has flowered,
— which have been the subject of an application in respect of at least
0,3 ha, where each cultivated parcel exceeds the minimum size setby the Member State.
Article 4
1.►
M1To qualify for the compensatory payment for the 1997/98
marketingyear,theareamustbesownby31Mayprecedingtheharvestin question at the latest, except in Portugal and Spain where the finaldate shall be 30 June. ◄
In French Guiana, the areas must be sown for each of the two sowing
cyclesnolaterthan31Decemberand30Juneprecedingtheharvestsinquestion. France shall undertake a thorough check of the areas sown inthe December cycle.
2. Forthe1997/98marketingyear,thedatesreferredtoinparagraph
1 shall be deemed additional to the deadlines referred to in:
— Article 6 (2) and (4) of Regulation (EEC) No 3508/92,
— Article 4 (2) (a) of Regulation (EEC) No 3887/92.
Article 5
In addition to the requirements laid down in Article 4 (1) and (2) of
Regulation (EEC) No 3887/92, the application for compensatorypayment shall specify the variety sown.
Article 6
1. The Member States shall send the Commission by 15 September
at the latest the information for each base area indicated in the tableannexed hereto.
ThesizeofanyreductionspursuanttoArticle6(5)ofRegulation(EC)
No 3072/95 shall be established before 16 October in accordance withthat provision and after checking the above information.
2. The notifications referred to in paragraph 1 may be corrected by
the Member States after 15 September, provided that the notificationscontaining the corrections reach the Commission within four months ofthat date. No later than the end of that fourmonth period, and inaccordance with the procedure provided for in Article 22 of Regulation(EC) No 3072/95, the Commission shall, if appropriate, recalculate thesize of the reductions established pursuant to Article 6 (5) of thatRegulation, using the corrected and checked data.
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The Member States concerned shall implement the amended rates ofreduction,asappropriate,bypayingtheproducersinquestionorrecov-ering from them the difference between the initial compensatorypaymentandthepaymentresultingfromtheapplicationoftheamendedrateofreduction.RecoveryshallbeeffectedinaccordancewithArticle14 of Regulation (EEC) No 3887/92.
If an additional compensatory payment falls due as a result of a
corrected notification from a Member State, it must be paid before thefollowing 31 March.
3. OnlyareassownwithricethathavebeenincludedbytheMember
State in the notification referred to in paragraph 1 or in the correctionsreferred to in paragraph 2 may qualify for compensatory payments.
4. Before 15 March or, where corrections are made, 15 May
following the start of each marketing year, the Member States shallnotify the areas in respect of which a compensatory payment has beenmade.
Article 7
The Member States shall notify the Commission before 1 May 1997 of
the measures taken to apply this Regulation.
Article 8
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
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ANNEX