1999R2316 — EN — 01.07.2002 — 004.001 — 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
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No1251/1999establishing
asupportsystemforproducersofcertain arablecrops
(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 1157/2001 of 13 June 2001 L 157 8 14.6.2001
►M3Commission Regulation (EC) No 2860/2000 of 27 December 2000 L 332 63 28.12.2000
►M4Commission Regulation (EC) No 556/2001 of 21 March 2001 L 82 13 22.3.2001
►M5Commission Regulation (EC) No 327/2002 of 21 February 2002 L 51 14 22.2.2002
Corrected by:
►C1Corrigendum, OJ L 328, 23.12.2000, p. 55 (2316/1999)
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COMMISSIONREGULATION(EC)No2316/1999
of22October 1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 1251/1999 establishing a support system for producers of
certain arablecrops
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
producers of certain arable crops provided for in CouncilRegulation (EEC) No 1765/92(
2), as last amended by Regulation
(EC) No 1624/98(3). Following the changes entailed 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, it isappropriate to recast in a single act the provisions of the specificregulations governing the various aspects of that system, that isthe following Commission regulations:
Regulation (EEC) No 2467/92(
4) as amended by Regulation
(EEC) No 3738/92(5), Regulation (EEC) No 2836/93(6), as last
amended by Regulation (EC) No 1503/97(7), Regulation (EC) No
762/94(8), as last amended by Regulation (EC) No 1981/98(9),
Regulation (EC) No 1098/94(10), as last amended by Regulation
(EC) No 1945/1999(11), Regulation (EC) No 1237/95(12), as last
amended by Regulation (EC) No 2017/97(13), Regulation (EC)
No 658/96(14), as last amended by Regulation (EC) No 610/
1999(15) and Regulation (EC) No 1577/98(16).
(2)The area payments provided for in Regulation (EC) No 1251/1999 must be restricted to certain areas to be specified. Only oneapplication 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 environ-
mental policies.
(3)Article 7 of Regulation (EC) No 1251/1999 defines the land thatis eligible for area payments. That Article authorises certainexceptions under the control of the Member States which must
not undermine the effectiveness of the arrangements laid down in
that Regulation. In order to avoid any such risk, suitable measuresshould be laid down to keep the total area of eligible land at the1999R2316 — EN — 01.07.2002 — 004.001 — 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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current level and to prevent any appreciable increase therein. To
that end, certain muftiannual crops should be considered asincluded among rotating crops. Areas covered by restructuring
programmes could also be considered eligible for area payments.
It is necessary to define what is meant by restructuring,appreciable increases in agricultural area and the obligation toexchange eligible and ineligible land.
(4)The sowing of land for the sole purpose of qualifying for area
payments should be prevented. Certain conditions relating to the
sowing and cultivation of crops must be specified, in particular asregards oilseeds, protein plants, linseed and durum wheat. Localstandards must be respected in order to reflect the diversity ofagricultural practice within the Community.
(5)In order to foster the Community's policy of quality improvement,
only applicants who have sown seed of specified varieties and
qualities should be eligible for area payments in respect of colzaand rape seed. For determining eligible varieties, reference shouldbe made for the sake of consistency, simplification and goodmanagement, to the Common Catalogue of Varieties ofAgricultural Plant Species established by Council Directive 70/
457/EEC(
1), as last amended by Directive 98/96/EC(2), while for
the 2000/01 marketing year, reference should be made to thevarieties eligible under the previous scheme for the sake of clarityand to maintain continuity. The Community's glucosinolate anderucic acid standards for colza and rape seed should be clarified
and tests should be laid down to measure the glucosinolate and
erucic acid content of seed samples. It is necessary to clarify theposition regarding variety associations of colza and rape seed andcertain other categories of seed. The varieties of sunflower seedwhich constitute confectionery sunflower seed should bespecified.
(6)The Member States in which maize is not grown traditionally mayset a base area for silage grass. It is necessary to define what ismeant by silage grass.
(7)Standards for sweet lupins and tests to determine whether or not asample of lupins is sweet should be laid down.
(8)Article 5 of Regulation (EC) No 1251/1999 provides for the
granting of a supplement to the area payment to producers of
durum wheat in traditional production regions within a maximumguaranteed area for each Member State concerned. Thatmaximum guaranteed area may be distributed among the regionsof production. A de minimis rule on the size of such production
regions should be introduced to prevent their fragmentation and
so that the principle of proportionality is complied with in theapplication of any penalties incurred for overshoots. Areaseligible for the special aid for durum wheat in non-traditionalareas have been allocated to certain Member States. The regionsof the Member States allocated such areas should be defined.
Regulation (EC) No 1251/1999 provides that certified durum
wheat seed must be used. Specific measures should be taken toensure that such seed is used. A minimum quantity and atransitional period over which the quantity of that seed used is tobe 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 the Member States andwithin regions thereof, the setting of the minimum quantity andthe adoption of any transitional measures needed should be left tothe 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 — 01.07.2002 — 004.001 — 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 hectares eligible under the area payment scheme and
the way they are distributed need to be determined for eachMember State.
(10)Article 3 of Regulation (EC) No 1251/1999 allows regionalisation
plans to differentiate between irrigated and non-irrigated areas.
What is meant by irrigation should be defined. A separate basearea may be established for maize. In some Member States, thisarea may largely concern silage maize. By the nature of silagemaize, yields may not be expressed in tonnes per hectare. The
yield applicable in this case should therefore be defined. The
Member States should be given the opportunity to lay down theyield applicable to silage maize in relation to the yield ofcomparable arable crops in 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 the extentof 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,Regulation (EC) No 1251/1999 provides for area payments to 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 yields must be available in good time. The procedure tobe followed for establishing such overshoots should be specifiedand the reference yields resulting from regionalisation plans asdetermined 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,
eligibility for area payments is conditional on an obligation onthe producers concerned to set aside part of the area on theirholdings. In order to ensure that such set-aside contributes tobetter balance on the market, detailed implementing rules capableof ensuring that the scheme has the necessary effectiveness and
that it is consistent with the overall system introduced by
Regulation (EC) No 1251/1999 should be laid down. To that end,while areas other than those referred to in Article 7 of thatRegulation should not be definitively excluded from the scheme,provision should be made for the areas counting as set-aside to becomparable with those counting for the purposes of calculating
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 be laiddown regarding environmental protection and the maintenanceand 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 92 tonnes ofcereals. The method for calculating the 92-tonne production limitmust be specified. For the sake of clarity, provisions must be laiddown for cases where the set-aside obligation is not met.
(14)The minimum period for which land is to be set aside must extendat least over the growing cycle of the arable crops covered by
Regulation (EC) No 1251/1999. However, in order to take certain
specific circumstances into account, it should be possible for landset 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 fivemarketing years receive a minimum payment. The adjustmentsand penalties applicable under the scheme should be laid down.1999R2316 — EN — 01.07.2002 — 004.001 — 4
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(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), provides for
direct aid per hectare for certain cereals grown in Portugal duringa transitional period. Pursuant to Article 6(4) of Regulation (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 requires producersof cereals, oilseeds and protein plants to complete sowing by 31May at the latest. In certain cases, sowing can be put off until
after 31 May because of the climate. The deadline for sowing and
for submitting applications should be extended for certain crops incertain regions. However, such extensions should not adverselyaffect the effectiveness of the support system or undermine thecontrol system introduced by Council Regulation (EEC) No 3508/92(
3), as last amended by Regulation (EC) No 1036/1999(4).
(18)In order to ensure that the processing industry receives regularsupplies 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 to 15June.
(19)Article 10(7) of Regulation (EC) No 1251/1999 provides thatthose Member States where there is a risk that the reference areamay be substantially exceeded can limit the area in respect ofwhich individual producers may apply for crop-specific oilseedsarea payments. That limit must be laid down on the basis of
objective criteria and expressed as a percentage of the producer's
eligible agricultural area. That limit may vary from one regionalbase area to another. Producers must be notified of that limit by agiven date before oilseed sowing commences. Where anyproducers' applications for crop-specific oilseeds area paymentscover an area in excess of the limit, the area over the limit must
be excluded from the application. The area on which area
payments for land set aside are payable may need to be reducedaccordingly.
(20)In order to ensure that the area payment system functions properlyin respect of any given marketing year, statistical monitoring must
be carried out on the application of the system for that year. For
the purposes of budget forecasts at Community level, provisionalfigures must be available by 15 September at the latest of the yearin progress. The date by which the definitive rate of anyovershoot is to be notified must be fixed. The data serving as the
basis for calculating any overshoots in the base areas and in the
maximum guaranteed areas for durum wheat and any breakdownof the latter into base sub-areas or regions must be available ingood time.
(21)The scheme provided for by Regulation (EC) No 1251/1999 willapply as from marketing year 2000/01. In order for the producers
concerned 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 therules for the application of the new scheme, the provisions of thepresent Regulation should enter into force as soon as it is
published in the Official Journal of the European Communities .
(22)The Management Committee for Cereals has not delivered an
opinion within the time limit set by its chairman,1999R2316 — EN — 01.07.2002 — 004.001 — 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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HAS ADOPTED THIS REGULATION:
CHAPTERI
Eligibility forareapayments
SECTION I
General provisions
Article 1
1. Area payments as provided for in Regulation (EC) No 1251/1999
shall be granted in accordance with the conditions laid down in thisRegulation.
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 for area-
based aid under a scheme financed under Article 1(2)(b) of CouncilRegulation (EC) No 1258/1999(
1) for arable crops other 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 annual
crops’ and ‘restructuring programme’ shall be those set out in Annex I.
2. Land on which aid has been 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. Areas newly declared eligible by the Member States under 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 abovementionedincrease 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 1992 and
planted with arable crops for harvest in 1993;
(b) the remaining land covered by plans for the grubbing-up of wine-
growing areas for 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 limits laid down
therein.
4. Pursuant to the third paragraph of Article 7 of Regulation (EC) No
1251/1999, the Member States may not increase their total eligibleagricultural 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
authorisations issued pursuant to the third paragraph of Article 7 of
Regulation (EC) No 1251/1999, specifying the number of farmers, the
areas concerned and the reasons.
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(
6).1999R2316 — EN — 01.07.2002 — 004.001 — 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.
(6) OJ L 181, 1.7.1992, p. 21.
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5. Cases as referred to in the fourth paragraph of Article 7 of
Regulation (EC) No 1251/1999 shall be those where producers are ableto give relevant, objective reasons for exchanging ineligible land for
eligible land on their holdings, provided that the Member State has
checked that there are no valid reasons for refusing such exchanges, inparticular from the viewpoint of environmental risks. Under nocircumstances may exchanges result in any increase in the total areaof eligible arable land on the holding. The Member States shall provide
for 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
exchanges have been approved and evidence to the effect that the total
area of eligible land has not increased as a result of such exchanges.
Article 3
1. Area payments for arable crops shall be paid solely on areas:
(a) located in regions declared by the Member State as climatically and
agriculturally suitable for growing arable crops. The Member Statesshall have the power to decide that any region is not suitable forproducing 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 area
payment shall apply;
(c) on which the crop is maintained until at least the beginning of
flowering under normal growing conditions in accordance with localpractice.
Crops of oilseeds, protein plants, linseed, fibre flax and durum wheat
must continue to be cultivated under normal growing conditions in
accordance with local practice at least until 30 June prior to the
marketing year in question, unless they are harvested at full maturitybefore that date. Protein plants may not be harvested until after thestage 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,
crops must continue to be cultivated under normal growing
conditions in accordance with local practice at least until 10 daysafter the end of flowering. However, the Member State mayauthorise hemp grown for fibre to be harvested after flowering hasbegun but before the end of the 10-day period after flowering,provided the inspectors indicate which representative parts of each
plot concerned must continue to be cultivated until ten days after
flowering for inspection purposes, in accordance with the procedurelaid 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 limits fixed for the various types of crops in that paragraph as aresult of exceptional weather conditions recognised by the Member
States shall remain eligible for area payments provided that the areas in
question are not used for any other purpose up to those time limits.
2. Where any producer's eligible areas are located in more than one
region of production, the amount payable shall be determined by the
location of each area covered by his application.
3. Member States that treat maize separately in regions where maize
is grown principally for silage shall be authorised to apply the yield for a1999R2316 — EN — 01.07.2002 — 004.001 — 7
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feed grain in that region to all areas under maize in the regions in
question.
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 sownwith certified seed of double-zero (00) varieties of colza and rape seed
notified and entered as such in the Common Catalogue of Varieties of
Agricultural Plant Species established by Directive 70/457/EEC prior toany payment. Double-zero varieties shall be those producing seed with amaximum glucosinolate content of 25 µmol/g at a moisture content of
9 %, as determined by method EN ISO 9167-1: 1995, and an erucic acid
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 States may
include areas sown with one or more of the following categories of rapeand 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 as doublezero in the Common Catalogue of Varieties of Agricultural PlantSpecies;
(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 orcertified seed for sowing, research or testing purposes to determinewhether the stock may be added to a Member State's national varietylist and, subsequently, to the Common Catalogue as a double zerovariety;
(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 production
of 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 a viewto obtaining seeds intended for a specified non-food use or for use as
seed for sowing to obtain such a crop.
4. For the 2000/01 marketing year, areas sown with certified seed of
varieties and variety associations listed in Annex II to Regulation (EC)No 658/96 shall also be eligible for area payments.
5. For the purposes of Article 10(9) of Regulation (EC) No 1251/
1999, varieties of sunflower seed that constitute confectionery sunflowerseed 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.1999R2316 — EN — 01.07.2002 — 004.001 — 8
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Article 6
1. For the purposes of the first paragraph of Article S of Regulation
(EC) No 1251/1999, producers of durum wheat in the zones listed inAnnex II to that Regulation shall receive the supplement to the area
payment 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 to thisRegulation.
2. Where the maximum guaranteed area is distributed among the
production zones and production regions as provided for in the thirdparagraph of Article 5 of Regulation (EC) No 1251/1999, the followingprovisions shall apply:
(a) if any production region is less than 500 ha in area, the Member
States concerned may join the region in question to an adjacent
production region;
(b) in Italy, account may be taken of the areas traditionally sown to
durum wheat and set aside under the five-year scheme from 1993 to1997;
(c) by 15 September at the latest of the marketing year preceding that in
respect of which the area payment application is made, the MemberStates concerned shall notify the producers and the Commission ofthe distribution of the maximum guaranteed area.
3. Special aid as provided for in the fourth paragraph of Article 5 of
Regulation (EC) No 1251/1999 shall be granted in the zones listed inAnnex V to this Regulation 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 areas under arable crops provided forin Article 1 of that Regulation and sown to durum wheat.
4. For the purposes of granting aid for durum wheat as referred to in
paragraphs 1 and 3, ‘area’ aid applications as referred to in Article 4 ofCommission Regulation (EEC) No 3887/92(
1) must contain all
information required for identifying parcels sown 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 hectares under durum wheat;
(b) seed certified in accordance with Council Directive 66/402/EEC(2)
is used.
5. The Member States shall 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 the
Commission by the Member States by 30 June 1998 at the latest.
Where a discrepancy is found between the minimum quantity of
certified seed fixed by the Member State and the quantity actually used,the area shall be calculated by dividing the total quantity of certifiedseed for which the producer has furnished proof of use by the minimumquantity per hectare laid down by the Member State for the region of the
producer in question. The area thus determined shall be used, after the
abovementioned reductions have been made, for calculating theentitlement to the supplement or the special aid.1999R2316 — EN — 01.07.2002 — 004.001 — 9
(1) OJ L 391, 31.12.1992, p. 36.
(2) OJ 125, 11.7.1966, p. 2309/66.▼M5
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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 herbaceousgrasses and harvested green at least once a year with a view topreservation in an enclosed environment by anaerobic fermentation.►
M2Areas registered for growing grass seed certified in accordance
with Directive 66/401/EEC during the marketing year in question 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 silagegrass.
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 areapayments 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 is subject 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 application
referred to in Article 8(2) of Regulation (EC) No 1251/1999 or by anearlier 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 applicationis 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 4 of
Regulation (EEC) No 3887/92 must be accompanied by the officiallabels introduced by Directive 69/208/EEC and in particular Article 10thereof, or provisions adopted on the basis of that Article, on thepackaging of the seed used or, in the case of flax grown for fibre, any
other document recognised as equivalent by the Member State
concerned, including the certification provided for in Article 14 ofthat Directive. Where sowing takes place after the deadline forsubmitting ‘area’ aid applications, the labels or documents recognisedas equivalent shall be submitted by 30 June at the latest following thesubmission 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 thoselabels to be returned to the farmer once they have been submitted to theauthorities responsible for ‘area’ aid applications.
3. For the purposes of granting the area payment for hemp grown for
fibre, the ‘area’ aid application referred to in Article 4 of Commission
Regulation (EEC) No 3887/92 must contain:
(a) all information required for identifying parcels sown to hemp for
each variety of hemp sown; and
(b) information on the quantities of seed used (kg per hectare).
The Member States may fix the minimum sowing rate compatible
with good hemp-growing practice. This information shall be sent tothe Commission by 15 May 2001 at the latest.1999R2316 — EN — 01.07.2002 — 004.001 — 10
(1) OJ L 193, 29.7.2000, p. 16.
(2) OJ L 169, 10.7.1969, p. 3.▼M3
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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 the Member
State for determining tetrahydrocannabinol (THC) levels on a percen-
tage of areas under hemp grown for fibre for which paymentapplications have been made is described 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 secondsubparagraph of Article 5a(1) of Regulation (EC) No 1251/1999, theCommission may, without prejudice to any other measures it might take,decide in accordance with the procedure laid down in Article 23 of
Regulation (EEC) No 1766/92 to use procedure B for the variety
concerned in the course of the following marketing year.
The varieties of hemp grown for fibre listed in point 2(b) of Annex XII
to this Regulation shall be subject to procedure B during the 2002/03marketing year in all Member States growing those varieties.
2. Checks on the THC content of the crops grown on at least 30 % of
the areas of hemp grown for fibre for which area aid applications have
been made must cover at least 30 % of the applications in question andall 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 crops allowing the minimum percentage of areas of hempgrown for fibre for which area applications have been made on which
the THC content is to be checked to be reduced from 30 % to 20 %. Any
amendment of these detailed rules or conditions must be notified to theCommission. Where such a system is applied, checks must cover at least20 % of the applications in question and all the varieties of seed used.
3. Applications to include a variety of hemp on the list given in
Annex XII must be accompanied by a report giving the findings of
analyses carried out in accordance with procedure B of the method
described in Annex XIII and a description of the variety in question.
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
irrigated and non-irrigated land in accordance with Article 3(3) ofRegulation (EC) No 1251/1999, the Member States shall lay down rules1999R2316 — EN — 01.07.2002 — 004.001 — 11
▼M5
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▼B
▼B
to determine whether or not areas are irrigated in the course of a
marketing 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 with the areaconcerned and must allow for the supply of the water needed for thenormal development of plants during 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 regions in Spain.
SECTION 2
Area overshoot
Article 10
1. For the purposes of determining any overshoots in regional base
areas in 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, on the other
hand, of the sum of areas covered by applications for area paymentssubmitted in respect of each crop, including the correspondingcompulsory set-aside. Any voluntary set-aside shall be included withareas other than irrigated, other than under maize and/or other thanunder silage grass.
2. The sum of the areas covered by aid applications submitted shall
not include areas, or parts thereof, covered by applications thatadministrative 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. Areas sown to arable crops in 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.
Article 11
1. For the purposes of determining any overshoot in the maximum
guaranteed area for durum wheat eligible for the supplement to the areapayment, the competent authorities of the Member States shall take
account, on the one hand, of the maximum guaranteed area laid down in
Annex III to Regulation (EC) No 1251/1999, where applicabledistributed among the regions, and, on the other hand, of the sum ofthe areas covered by applications for the supplement to area payments inrespect of durum wheat, adjusted in accordance with Article 10(2) of
this Regulation and, where applicable, reduced in accordance with
Article 2(4) of Regulation (EC) No 1251/1999.
2. Paragraph 1 shall apply for the purposes of determining any
overshoot in the maximum guaranteed areas eligible for the special aidfor durum wheat set out in Annex IV to Regulation (EC) No 1251/1999.1999R2316 — EN — 01.07.2002 — 004.001 — 12
(1) OJ L 160, 26.6.1999, p. 21.
▼B
Article 12
1. Where the areas referred to in Articles 10 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 overshoottruncated 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 1251/1999has been 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 marketing year
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 Article26 of this Regulation.
For that purpose, the reference yields shall be those set out in Annex
VIII to this Regulation.
Article 15
For the purposes of calculating the average yield resulting from aid
applications in respect of a given marketing year, the following
procedure shall apply:
(a) the areas shall firstly be reduced proportionately, where appropriate,
in accordance with the first subparagraph of Article 2(4) of
Regulation (EC) No 1251/1999;
(b) the average cereals yield for the region shall be used for areas under
oilseeds where payments for the 2000/01 and 2001/02 marketingyears are based on the historical regional yields for oilseeds;
(c) the average cereals yield for non-irrigated land in the region shall be
used for areas under arable crops that are declared as forage areasfor the purposes of premiums for beef and sheep.
Article 16
Before 31 May each year, the Commission shall carry out a comparative
examination of the information referred to in Articles 14 and 15 and
shall fix the relevant correcting coefficients in accordance with the
procedure laid down in Article 23 of Regulation (EEC) No 1766/92.
Article 17
The coefficients referred to in Article 16 shall apply to all area payments
in the Member State or region in which the base area in question is1999R2316 — EN — 01.07.2002 — 004.001 — 13
▼B
located, with the exception of the supplement to the area payment 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 States may accept:
(a) smaller areas involving whole parcels with permanent boundaries
such as walls, hedges or watercourses;
(b) whole parcels less than 20 m wide in regions where parcels of 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. ►M3In this case, 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 States shall lay down the conditions under which producers
may be authorised to sow seed from 15 July for harvesting in thefollowing year and the conditions to be met in order for grazing to beauthorised from 15 July in Member States where transhumance ispractised 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) No 1251/1999, nor put to any agricultural or lucrative use which would beincompatible 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 the
green cover cannot be used for seed production and that it cannot under
any circumstances be used for agricultural purposes before 31 August or,before 15 January thereafter, to produce crops for 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 where such land
proves to be incompatible with the environmental or afforestationrequirements 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 multiannual
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 inArticle 4(3) thereof, producers who undertake to set aside the sameparcels for the period referred to in paragraph 1 shall receive the areapayment for that period, calculated on the basis of the basic amount and1999R2316 — EN — 01.07.2002 — 004.001 — 14
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▼B
▼M5
▼B
▼B
the yields in the regionalisation plan in force at the time of their
undertaking.
3. Where producers deliberately go back on their undertakings in
their ‘area’ aid applications before the period referred to in paragraph 1expires, they must reimburse 5 % of the area payment in respect of the
previous marketing year on areas withdrawn from their undertaking,
multiplied by the number of years in which they have failed to fulfiltheir original commitment.
4. Producers who opt for the arrangement provided for in paragraph 2
may go back on their undertakings without 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 Regulation(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 Article exceedsthe percentage limit laid down by the Member States pursuant to Article6(5) of Regulation (EC) No 1251/1999 at the time of such undertaking,the areas covered by the undertaking shall be adjusted in accordance
with that limit.
Article 21
1. Where the declared area set aside is smaller than the area
corresponding to the percentage of compulsory set-aside laid down forthe marketing year in question, the area on which producers of arablecrops subject to the set-aside obligation are eligible for area payments
shall be calculated on the basis of the declared set-aside area and the
percentages of the various crops, including silage grass; it may nothowever be reduced to an area less than that required to produce 92 t ofcereals as referred to in Article 6(7) of Regulation (EC) No 1251/1999.
2. The cereal production referred to in paragraph 1 shall be calculated
on the basis of the yield used for the area payments. If the Member Statehas chosen to use the historical regional yields for oilseeds, 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.
Article 23
1. ‘Area’ aid applications as referred to in Regulation (EEC) No
3887/92 shall be broken down by region in accordance with Article 3 ofRegulation (EC) No 1251/1999.
2. For each area payment application in a given region of production,
there must be a corresponding set-aside declaration in respect of at leastthe corresponding number of hectares in the same region of production.
3. A derogation from paragraph 2 may be provided for in accordance
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;1999R2316 — EN — 01.07.2002 — 004.001 — 15
▼B
(b) in another region of production, provided that the areas to be set
aside are located in regions of production adjacent to those in whichthe cultivated areas are situated.
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 tocalculate the payment in respect of set-aside in the regions concerned.However, the application of this paragraph must not lead to fewerhectares 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’ means an areasown with one or more species listed in Annex XIV. Sowing in amixture 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 fodder
legumes, the condition concerning areas sown mainly with fodder
legumes laid down in (a) shall be met if at least 85 % of the limit fixedby the Member States is complied with.
2. Areas on which fodder legume crops as referred 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 February 1995
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 States may defer the final date for sowing to no laterthan 15 June for the crops listed in Annex X and in the zones, to bedefined by the Member States concerned, 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 zonesconcerned to 15 June at the latest or to the final date for sowing,whichever occurs earlier.
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 area and
the total area of eligible agricultural land and with the objective ofavoiding planting on a scale that would result in excessive reductions inthe 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 the latest
of the marketing year prior to that covered by the area paymentapplication.
3. With a view to assessing producers' eligibility for area payments,
the competent authorities shall check whether their aid applications fallwithin the limit laid down. Any land covered by applications for crop-1999R2316 — EN — 01.07.2002 — 004.001 — 16
(1) OJ L 63, 21.3.1995, p. 1.▼M2
▼B
▼B
specific oilseeds area payments in excess of the limit shall be
disallowed.
4. In cases where disallowance of areas pursuant to paragraph 3
means that the area set aside by a producer exceeds the limit laid down
in Article 6(5) of Regulation (EC) No 1251/1999 and applicable in theMember State concerned, the area set aside and covered by the areapayment application shall be reduced so that it does not exceed thatlimit.
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 standardised
format described therein, by production region, base area and country, inaccordance with the following timetable:
(a) by 15 September of the marketing year in progress: data obtained
taking into account controls and checks already carried out;
(b) by the following 31 October at the latest: definitive data
corresponding to those used to calculate the definitive rate ofovershoot referred to in Article 12; and
(c) by the following 15 February at the latest: the final data
corresponding to the areas for which aid has actually been paid,after the reductions in area provided for in Article 9 of Regulation(EEC) No 3887/92 have been deducted.
2. Where the areas referred to in Articles 10 and 11 are found to have
been exceeded, the Member State concerned shall notify the Commis-
sion of the definitive rate of the overshoot immediately and at the latest
by 31 October of the marketing year in progress. The data used tocalculate the rate by which a base area is exceeded shall be forwardedusing 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 Commission of
such distribution by 31 October at the latest.
Article 27
The Member States shall adopt the measures necessary for the
application of this Regulation and shall notify them to the Commissionwithin 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
this Regulation.
Article 29
This Regulation shall enter into force on the day of its publication in the
Official 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.1999R2316 — EN — 01.07.2002 — 004.001 — 17
▼B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R2316 — EN — 01.07.2002 — 004.001 — 18
▼B
ANNEX I
(Article 2(1))
DEFINITIONS
1.Permanent pasture
Non-rotational land used for grass production (sown or natural) on a
permanent basis (five years or longer).
2.Permanent crops
Non-rotational crops other than permanent pasture that occupy the land for
five years or longer and yield repeated harvests, with the exception of
multiannual 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 redcurrants and gooseberries
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 — 01.07.2002 — 004.001 — 19
▼B
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 — 01.07.2002 — 004.001 — 20
▼B
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 Smirnova
(1932) and Eggebrecht (1949). Cut the dry or swollen grains crosswise. Place thehalf-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 — 01.07.2002 — 004.001 — 21
▼M5
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 — 01.07.2002 — 004.001 — 22
▼B
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
Comarcas agrícolasAlmazán (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 — 01.07.2002 — 004.001 — 23
▼B
Emilia, Rimini, Rovigo, Torino, Treviso, Udine, Venezia, Vercelli, Verona,
Vicenza.
UNITED KINGDOM
England.1999R2316 — EN — 01.07.2002 — 004.001 — 24
▼M3
ANNEX VI
(Article 8)
BASEAREAS
(1 000 ha)
Region All crops of which maizeof which silage
grass
BELGIUM
Total 489,5Zone I 97,0
DENMARK 2 018,6GERMANY 10 159,4 (
3) 540,3 (3)
Schleswig-Holstein 506,2
Hamburg 5,1Niedersachsen 1 424,7
Bremen 1,8
Nordrhein-Westfalen 948,5Rheinland-Pfalz 368,6
Hessen 461,4
Baden-Württemberg 735,5 122,1Bayern 1 776,0 418,2
Saarland 36,6
Berlin 2,9Brandenburg 889,6
Mecklenburg-Vorpommern 968,2
Sachsen 599,0Sachsen-Anhalt 880,9
Thüringen 554,4
GREECE 1 491,7 222,1SPAIN
Regadío 1 371,1 403,4
Secano 7 849,0
FRANCE
Total 13 582,1Base 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 42,8NETHERLANDS 441,7 208,3
AUSTRIA 1 203,51999R2316 — EN — 01.07.2002 — 004.001 — 25
▼M5
▼M3
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▼M3
▼M3
(1 000 ha)
Region All crops of which maizeof which silage
grass
PORTUGAL
Azores 9,7
Madeira
— Irrigated 0,31 0,29
— Other 0,30
Mainland
— Irrigated 293,4 221,4
— Other 687,9
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
Wales 61,4 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 is applied.1999R2316 — EN — 01.07.2002 — 004.001 — 26
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ANNEX VII
(Article 10(4))
1999R2316 — EN — 01.07.2002 — 004.001 — 27
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1999R2316 — EN — 01.07.2002 — 004.001 — 28
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ANNEX VIII
(Article 14,secondparagraph)
REFERENCE YIELDS AS REFERRED TO IN ARTICLE 3(7) OF
REGULATION(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
Netherlands 6,66
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 is applied.1999R2316 — EN — 01.07.2002 — 004.001 — 29
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ANNEX IX
(Article22)
SUPPLEMENTFORSET-ASIDEINPORTUGAL
(EUR)
Marketing year 2000/01 2001/02 2002/03
Supplementary payment 9,64 ►M29,64◄ 3,411999R2316 — EN — 01.07.2002 — 004.001 — 30
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ANNEX X
(Article 24,firstparagraph)
Latest date for sowing: 15 June
Crop Member State Region
All crops Finland Whole territory
Sweden Whole territory
Sweetcorn
Hemp grown for fibreAll Member States Whole territory1999R2316 — EN — 01.07.2002 — 004.001 — 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 this Regulation,
— 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 is that used for calculating area payments in accordance with
Regulation (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 relates only to durum wheat eligible for the supplement to the area
payment provided for in the first paragraph of Article 5 of Regulation (EC) No
1251/1999.
Line 2 relates only to durum wheat eligible for the special 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). This information, to be given under ‘Other’ in columns ‘m’ and
‘n’, mainly relates to arable crops declared as forage areas for 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 payments are made under the rules implementing 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
accordance with the second indent of Article 6(3) of Regulation (EC) No 1251/
1999.1999R2316 — EN — 01.07.2002 — 004.001 — 32
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ANNEX XII
(Article 7a(1))
Varietiesofflaxandhempgrownforfibreeligible forthesupportsystem
1.Flaxgrownforfibre
Adelie
AgathaAngelin
Argos
ArianeAuroreBelinkaCeasar AugustusDianeDivaElectraEliseEscalinaEvelinExel
Hermes
IlonaLauraLiflaxLiviolaMarinaMarylinNikeOpalineRosalinVenus
Veralin
VikingViola
2a.Hempgrownforfibre
Carmagnola
BenikoCsDelta-IlosaDelta 405Dioica 88
Epsilon 68
Fedora 17Fédrina 74Felina 32Felina 34 — Félina 34Ferimon-FérimonFibranovaFibrimon 24Fibrimon 56Futura1999R2316 — EN — 01.07.2002 — 004.001 — 34
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Futura 75
Juso 14Santhica 23Uso 31
2b.Hempgrownforfibreauthorisedinthe2002/03marketingyear
Bialobrzeskie
Fasamo
Fedora 19
Santhica 271999R2316 — EN — 01.07.2002 — 004.001 — 35
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ANNEX XIII
(Article 7b(1))
COMMUNITY METHOD FOR THE QUANTITATIVE DETERMINA-
TIONOF ∆9-THC(TETRAHYDROCANNABINOL)CONTENTINHEMP
VARIETIES
1.Subjectmatterandscope
This method seeks to determine the ∆9-tetrahydrocannabinol (THC) content
of varieties of hemp ( Cannabis sativa L.). As appropriate, the method
involves applying procedure A or B herein described.
The method is based on the quantitative determination of ∆9-THC by gas
chromatography (GC) after extraction with a suitable solvent.
1.1.Procedure A
Procedure A is used for checks on production as provided 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 this Regulation and for checking that the conditions laid
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
paragraph 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 days
after the start of flowering to 10 days after the end of flowering, during
the day, following a systematicpattern 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 rules during the period from 20 days
after the start of flowering to 10 days after 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 days following the end of flowering, during the day, following a
systematicpattern to ensure that the sample is representative of the field
but excluding the edges of the crop. In the case of dioecious varieties,
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
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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/
splitless injector,
— column allowing good separation of cannabinoids, for example a
glass capillary column 25 m long and 0,22 mm in diameter
impregnated with a 5 % non-polar phenyl-methyl-siloxane phase.
(b) Calibration ranges
At least three points for procedure A and five points for procedure B,
including points 0,04 and 0,50 mg/ml ∆9-THC in extraction solution.
(c) Experimental conditions
The following conditions are given as an example for the column referred to
in (a):
oven temperature: 260 ºC
injector temperature: 300 ºC
detector 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 determinations will be taken as the result,
— Procedure B: the result corresponds to the mean value of two
determinations per test sample.1999R2316 — EN — 01.07.2002 — 004.001 — 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 — 01.07.2002 — 004.001 — 38