1999R2316 — EN — 15.01.2004 — 006.001 — 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
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
►M1CommissionRegulation(EC) No 1454/2000 of 3 July 2000 L 163 28 4.7.2000
►M2CommissionRegulation(EC) No 2860/2000 of 27 December 2000 L 332 63 28.12.2000
►M3CommissionRegulation(EC) No 556/2001 of 21 March 2001 L 82 13 22.3.2001
►M4CommissionRegulation(EC) No 1157/2001 of 13 Jun e 2001 L 157 8 14.6.2001
►M5CommissionRegulation(EC) No 327/2002 of 21 February 2002 L 51 14 22.2.2002
►M6CommissionRegulation(EC) No 335/2003 of 21 February 2003 L 49 3 22.2.2003
►M7CommissionRegulation(EC) No 1035/2003 of 17 Jun e 2003 L 150 24 18.6.2003
►M8CommissionRegulation(EC) No 206/2004 of 5 February 2004 L 34 33 6.2.2004
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
producers of certainarable crops provided for inCoun cil Regu-lation(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, 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) 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 certainareas to be specified. On lyone 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 applicationun der 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 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, suitablemeasures should be laid downto keep the total area of eligible1999R2316 — EN — 15.01.2004 — 006.001 — 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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land at the current level and to prevent any appreciable increase
therein. To that end, certain muftiannual crops should be consid-ered as included among rotating crops. Areas covered 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
payments should be prevented. Certain conditions relating 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 withinthe Commun ity.
(5)Inorder to foster the Commun ity'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 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 tothe varieties eligible under the previous scheme for the sake ofclarity and to maintain continuity. The Community's glucosino-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 States in which maize is not 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 provides for the
granting of a supplement to the area payment to producers of
durum wheat in traditional production regions within amaximum guaranteed area for each Member State concerned.That maximum guaranteed area may be distributed among theregions of production. A de minimis rule onthe size of such
production regions should be introduced to prevent their frag-
mentation and so that the principle of proportionality iscomplied with in the application of any penalties incurred forovershoots. Areas eligible for the special aid for durum wheatin non-traditional areas have 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. Inview of the diversity of agricultural practice withintheMember States and within regions thereof, the setting 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 — 15.01.2004 — 006.001 — 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 region alisa-
tion plans to differentiate between irrigated and non-irrigated
areas. What is meant by irrigation should be defined. A separatebase area may be established for maize. Insome Member States,this area may largely concern silage maize. By the nature ofsilage maize, yields may not be expressed in tonnes per hectare.
The yield applicable inthis case should therefore be defin ed.
The Member States should be giventhe opportun ity to laydownthe yield applicable to silage maize inrelationto the yieldof comparable 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 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 downas 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 inrespect of the
maximum guaranteed areas for durum wheat should also be
specified.
(12)In order to prevent complicated regionalisation plans resulting inactual yields appreciably inexcess of the referen ce yields, Regu-lation(EC) No 1251/1999 provides for area paymen ts 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 procedureto be followed for establishing such overshoots should be speci-fied and the reference yields resulting from regionalisation plansas determined in accordance with the criteria laid down in
Article 3 of that Regulationshould be fixed.
(13)Pursuant to Article 2 of Regulation (EC) No 1251/1999, elig-
ibility for area payments is conditional 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 rules capable 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 areas other thanthose referred to inArticle 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 obligationproducers
whose application does not exceed production equivalent to 92tonnes of cereals. The method for calculating the 92-tonneproductionlimit must be specified. For the sake of clarity, provi-sions must be laid down for cases where the set-aside obligationis not 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, inorderto 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 — 15.01.2004 — 006.001 — 4
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marketing years receive a minimum payment. The adjustments
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-
sationof the market incereals an d rice inPortugal (1), as
amended by Commission Regulation (EC) No 1664/95(2),
provides for direct aid per hectare for certaincereals growninPortugal during a transitional period. Pursuant to Article 6(4) ofRegulation(EC) No 1251/1999, such aid may be takenin to
account for the purposes of calculating the compensation for
compulsory set-aside only.
(17)Article 8(2) of Regulation(EC) No 1251/1999 requires produ-cers of cereals, oilseeds and protein plants to complete sowingby 31 May at the latest. Incertaincases, sowin g canbe 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), as last amended by Regulation
(EC) No 1036/1999 (4).
(18)In order to ensure that the processing industry receives regular
supplies of sweetcornthroughout the marketin g 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 provides that
those Member States where there is a risk that the reference
area may be substantially exceeded can limit the area in respectof which individual producers may apply for crop-specificoilseeds area payments. That limit must be laid down on thebasis of objective criteria and expressed as a percentage of theproducer's eligible 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 payments cover an area in excess of 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 inprogress. The date by which the defin i-tive rate of any overshoot is to be notified must be fixed. Thedata serving as the basis for calculating any overshoots in thebase areas and in the maximum guaranteed areas for durumwheat and any breakdown of the latter into base sub-areas or
regions must be available in good time.
(21)The scheme provided for by Regulation(EC) No 1251/1999 will
apply as from 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 inthe Official Journal of the European Communities .1999R2316 — EN — 15.01.2004 — 006.001 — 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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(22)The Management Committee for Cereals has not 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 payments as provided 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 inrespect of the same marketin g year by anapplicationforarea-based aid under a scheme financed under Article 1(2)(b) ofCouncil Regulation (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 annualcrops’ 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 abovementioned
increase is determined:
(a) inthe n ew German Länder, 2500 ha affected by the restructuring
of agricultural land in the period from 1 January to 30 June 1992and 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
downtherein .
4. Pursuant to the third paragraph of Article 7 of Regulation (EC)
No 1251/1999, the Member States may not increase 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 — 15.01.2004 — 006.001 — 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.
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Induly substan tiated special cases, the limit laid downinthe first
subparagraph may be revised inaccordan ce with the procedure laiddowninArticle 23 of Coun cil Regulation(EEC) No 1766/92 (
1).
5. Cases as referred to inthe 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 States shall 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 exchanges have 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 regions declared by the Member State as climatically 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
sownina mixture with oilseeds or proteinplan ts, or where oilseeds
are sownina mixture with proteinplan ts, the lowest rate of areapayment shall apply;
(c) on which the crop is maintained until at least the beginning of
flowering under normal growing conditions in accordance withlocal practice.
Crops of oilseeds, protein plants, linseed, fibre flax and durum
wheat must continue to be cultivated under normal growing condi-tions in accordance with local practice at least until 30 June priorto the marketing year in question, unless they are harvested at fullmaturity before that date. Protein plants may not be harvested until
after the stage of lactic ripeness.
Inthe case of hemp grownfor fibre, so that the checks provided for
inArticle 5a(2) of Regulation(EC) No 1251/1999 canbe made,crops must continue to be cultivated under normal growing condi-
tions in accordance with local practice at least until 10 days after
the end of flowering. However, the Member State may authorisehemp grownfor fibre to be harvested after flowerin g 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 limits fixed for the various types of crops inthat paragraph as aresult of exceptional weather conditions recognised by the MemberStates shall remaineligible for area paymen ts provided that the areasin question are not used for any other purpose up to those time limits.1999R2316 — EN — 15.01.2004 — 006.001 — 7
(1) OJ L 181, 1.7.1992, p. 21.▼M5
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2. Where any producer's eligible areas are located in more than one
region of production, the amount payable shall be determined by thelocationof each area covered by his application .
3. Member States that treat maize separately inregion s where maize
is grownprin cipally for silage shall be authorised to apply the yield fora feed grain in that region to all areas under maize in the regions inquestion.
SECTION 2
Special provisions covering certain arable crops
Article 4
1. The Member States shall apply a quality policy inrespect of
colza and rape seed by limiting areas eligible for area payments to
those sownwith 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 is removed
from the common catalogue, it shall continue to be eligible until 30
June of the third year following that in which it was included at thelatest. 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 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 derogationfrom paragraph 1, the Member States may
include areas sown with one or more of the following categories ofrape 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 as double
zero inthe CommonCatalogue of Varieties of Agricultural Plan t
Species;
(b) seed harvested from certified seed of double zero varieties grown
onthe same holdin g;
(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 Catalogueas a 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 — 15.01.2004 — 006.001 — 8
(1) OJ L 193, 20.7.2002, p. 1.▼M7
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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, producers of durum wheat inthe zon es listed 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 tothis Regulation.
2. Where the maximum guaranteed area is distributed among the
production zones and production regions as provided for in the third
paragraph of Article 5 of Regulation(EC) No 1251/1999, the followin g
provisions 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 adjacentproductionregion ;
(b) in Italy, account may be taken of the areas traditionally sown 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
inrespect of which the area paymen t applicationis made, the
Member States concerned shall notify the producers and theCommissionof the distributionof the maximum guaran teed area.
3. Special aid as provided for inthe 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 cropsprovided for inArticle 1 of that Regulationan d sownto 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 ofCommissionRegulation(EEC) No 3887/92 (
1) must contain all infor-
mation 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) anarea paymen t applicationis submitted inrespect 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 inaccordan ce with agricultural practice inthe 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 theCommissionby the Member States by 30 Jun e 1998 at the latest.1999R2316 — EN — 15.01.2004 — 006.001 — 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 reductions have 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 inthe Member States that make provisionfor 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 is subject to:
(a) the submission of a copy of the contract or commitment referred to
inArticle 2(1) of Coun cil Regulation(EC) No 1673/2000 (
1)b y1 5
September at the latest after lodging the payment applicationreferred to inArticle 8(2) of Regulation(EC) No 1251/1999 or byanearlier date laid downby the Member State; an d
(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. Inthe case of hemp grownfor fibre, the seed must also becertified in accordance with Council Directive 69/208/EEC (
2).
2. To allow checks onthe fibre flax seed an d certified seed of hemp
grownfor fibre used, the ‘area’ aid applicationreferred to inArticle 4of Regulation(EEC) No 3887/92 must be accompan ied by the officiallabels introduced by Directive 69/208/EEC and in particular Article 10thereof, or provision s adopted onthe basis of that Article, onthe
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
submissionof the application .
Where labels for seed of hemp grownfor 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 — 15.01.2004 — 006.001 — 10
(1) OJ L 193, 29.7.2000, p. 16.
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3. For the purposes of granting the area payment for hemp grown
for fibre, the ‘area’ aid applicationreferred to inArticle 4 of Commis-sion 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 to
the Commissionby 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) levels on a
percentage of areas under hemp grown for fibre for which payment
applications 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 second subpara-
graph of Article 5a(1) of Regulation(EC) No 1251/1999, theCommissionmay, without prejudice to an y other measures it mighttake, decide inaccordan ce with the procedure laid downinArticle 23of Regulation(EEC) No 1766/92 to use procedure B for the varietyconcerned 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 Regulationshall be subject to procedure B durin g the 2002/03
marketing 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 grownfor fibre for which area aid application s
have beenmade must cover at least 30 % of the application s inques-
tionan d 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 crops allowing the minimum percentage of areas of hemp
grownfor fibre for which area application s have beenmade onwhich
the THC content is to 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. Applications to include a variety of hemp on the list 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 — 15.01.2004 — 006.001 — 11
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CHAPTERII
Baseareasandreference yields
SECTION 1
General provisions
Article 8
The base areas as referred to inArticles 2 an d 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 States shall lay down
rules to determine whether or not areas are irrigated in the course 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 descriptionof the irrigationequipmen t 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 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 inaccordan ce 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 areas other than irrigated, other than under maize and/orother thanun der 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. Areas sownto arable crops inaccordan ce 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 inaccordan ce with the table in
Annex VII.1999R2316 — EN — 15.01.2004 — 006.001 — 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 authorities of the Member States shalltake 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
areas covered by applications for the supplement to area payments inrespect of durum wheat, adjusted inaccordan ce with Article 10(2) ofthis Regulation 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 inthe maximum guaran teed areas eligible for the special aid fordurum wheat set out in Annex IV to Regulation (EC) No 1251/1999.
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 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 has beenapplied.
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 inreferen ce 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 inaccordan ce with
Article 26 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 proce-
dure shall apply:
(a) the areas shall firstly be reduced proportionately, where appro-
priate, inaccordan ce with the first subparagraph of Article 2(4) ofRegulation(EC) No 1251/1999;1999R2316 — EN — 15.01.2004 — 006.001 — 13
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(b) the average cereals yield for the regionshall 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 cereals yield for non-irrigated land in the region shall
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 Commissionshall carry out a compara-
tive examination of the information referred to in Articles 14 and 15and shall fix the relevant correcting coefficients in accordance with
the procedure laid downinArticle 23 of Regulation(EEC) No 1766/
92.
Article 17
The coefficients referred to in Article 16 shall apply to all area
paymen ts inthe Member State or regioninwhich the base area inquestionis located, with the exceptionof the supplemen t 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 inaccordan ce 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 than20 m wide inregion s 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. ►M2Inthis case, the
minimum area referred to in the above subparagraph may be 0.1ha.◄
For the 2004/05 marketing year, Member States may also accept:
(a) areas at least 10 m wide and covering 0,1 ha;
(b) for properly justified environmental reasons, areas at least 5 m
wide and covering 0,05 ha.
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 produ-cers 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 is prac-
tised traditionally.
3. Set-aside areas may not be used for any agricultural production,
other thanthat provided for inArticle 6(3) of Regulation(EC) No1999R2316 — EN — 15.01.2004 — 006.001 — 14
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1251/1999, nor put to any agricultural or lucrative use which would be
incompatible with growing an arable crop.
4. The Member States shall apply suitable measures compatible with
the specific situationof areas set aside inorder to en sure they aremaintained and the environment is protected. Such measures may also
involve green cover; in that case, the measures must ensure that the
green cover cannot be used for seed production and that it cannot underany circumstances be used for agricultural purposes before 31 Augustor, 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 wheresuch land proves to be incompatible with the environmental or affores-
tationrequiremen ts laid downinthose 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
parcels for the period referred to inparagraph 1 shall receive the areapayment for that period, calculated on the basis of the basic amountand the yields in the regionalisation plan in force at the time of theirundertaking.
3. Where producers deliberately go back on their undertakings in
their ‘area’ aid applications before the period referred to in paragraph1 expires, they must reimburse 5 % of the area payment in respect of
the previous marketing year on areas withdrawn from their under-
taking, multiplied by the number of years in which they have failed tofulfil their 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 inparagraph 3:
(a) where they decide to set aside or afforest the areas inquestion
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 Articleexceeds the percentage limit laid down by the Member States pursuantto Article 6(5) of Regulation(EC) No 1251/1999 at the time of suchundertaking, the areas covered by the undertaking shall be adjusted inaccordance with that limit.
Article 21
1. Where the declared area set aside is smaller thanthe area corre-
sponding to the percentage of compulsory set-aside laid down for themarketing year in question, the area on which producers of arable cropssubject to the set-aside obligationare eligible for area paymen ts shall
be 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 anarea less thanthat required to produce 92 t of cerealsas referred to inArticle 6(7) of Regulation(EC) No 1251/1999.
2. The cereal productionreferred to inparagraph 1 shall be calcu-
lated onthe basis of the yield used for the area paymen ts. If theMember State has chosento use the historical region al yields foroilseeds, it shall be multiplied by 1,95.1999R2316 — EN — 15.01.2004 — 006.001 — 15
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Article 22
Inthe case of Portugal, inaccordan ce 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 be
financed 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 brokendownby regioninaccordan ce 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 ofat least the corresponding number of hectares in the same region ofproduction.
3. A derogationfrom paragraph 2 may be provided for inaccor-
dance with objective criteria laid down by the Member State.
4. By way of derogationfrom paragraph 2, the compulsory set-aside
corresponding to an application for area payment submitted may beeffected inwhole or inpart:
(a) inSpain , inthe ‘secan o’ regioninthe case of holdin gs situated in
‘secano’ and ‘regadío’ production regions;
(b) in another region of production, provided that the areas to be set
aside are located in regions of production adjacent to those in
which the 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 yieldsused to calculate the paymen t inrespect of set-aside inthe region sconcerned. However, the application of this paragraph must 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’ mean s anarea
sown 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 sownmain ly 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 fodder
legumes laid downin(a) shall be met if at least 85 % of the limit fixed
by the Member States is complied with.
2. Areas onwhich fodder legume crops as referred to inparagraph 1
qualify between 15 January and 31 August under the aid schemeprovided for inCoun cil Regulation(EC) No 603/95 of 21 February1995 onthe commonorgan isationof the market indried fodder (
1)
shall not qualify for area payments.1999R2316 — EN — 15.01.2004 — 006.001 — 16
(1) OJ L 63, 21.3.1995, p. 1.▼M4
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CHAPTERIV
Specialprovisions
Article 24
By way of derogationfrom Article 8(2) of Regulation(EC) No 1251/
1999, the Member States may defer the final date for sowing to nolater than 15 June for the crops listed in Annex X and in the zones, to
be defined by the Member States concerned, located in the regions
specified 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 inArticle 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 Commissionat the earliest possible date an d by 31 July at the
latest 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 authorities shall check whether their aid applications fall
within the limit laid down. Any land covered by applications for 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 laiddowninArticle 6(5) of Regulation(EC) No 1251/1999 an d applicablein the Member State concerned, the area set aside and covered by the
area 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 ofArticle 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 intables as described inAn n ex XI inthe stan dardisedformat 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 controls and checks already carried out;
(b) by the following 31 October at the latest: definitive data corre-
sponding to those used to calculate the definitive rate of overshoot
referred to inArticle 12; an d
(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 reductions in area provided for in Article 9 of Regulation(EEC) No 3887/92 have beendeducted.
2. Where the areas referred to in Articles 10 and 11 are found to
have been exceeded, the Member State concerned shall notify the1999R2316 — EN — 15.01.2004 — 006.001 — 17
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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 be
forwarded using the form in Annex VII.
3. Where the rate of overshoot is distributed inaccordan ce 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-sionof such distributionby 31 October at the latest.
Article 27
The Member States shall adopt the measures necessary for the applica-
tion of this Regulation and shall notify them to the Commission withinone 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
theOfficial Journal of the European Communities .
It shall apply to the support for producers of certainarable crops in
respect of the 2000/01 and following marketing years.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1999R2316 — EN — 15.01.2004 — 006.001 — 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 crops other than permanent pasture 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
07091000 Artichokes
07092000 Asparagus
ex 07099090 Rhubarb
081020 Raspberries, blackberries, mulberries and loganberries
081030 Black-, white- or redcurrants and gooseberries
081040 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 — 15.01.2004 — 006.001 — 19
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ANNEX II
(Article 4(5))
Confectionerysunflowerseedvarieties
Agripro 3450
Agrosur
DahlgrenD-131 (Toma)DahlgrenD-151DahlgrenD-171
DahlgrenD-181
Dahlgren954DahlgrenD-1950
DahlgrenD-1998
DisetHagenSeed SG 9011HagenSeed SG 9054
HagenSeed 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 — 15.01.2004 — 006.001 — 20
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ANNEX III
(Article 5)
TESTFORBITTERLUPINS
To be performed ona sample of 200 grain s takenfrom 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
brownwhile those low inalkaloids remainyellow.
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 — 15.01.2004 — 006.001 — 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 — 15.01.2004 — 006.001 — 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
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 — 15.01.2004 — 006.001 — 23
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Emilia, Rimini, Rovigo, Torino, Treviso, Udine, Venezia, Vercelli, Verona,
Vicenza.
UNITED KINGDOM
England.1999R2316 — EN — 15.01.2004 — 006.001 — 24
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ANNEX VI
(Article 8)
BASEAREAS
(1 000 ha)
RegionAll crops of which maizeof which silage
grass
BELGIUM
Total 489,5
of which: Flanders-Brussels 96,4
DENMARK 2 018,6
GERMANY 10159,4(3) 540,3(3)
Schleswig-Holstein506,2
Hamburg 5,1
Niedersachsen1 424,7
Bremen1,8
Nordrhein-Westfalen 948,5
Rheinland-Pfalz 368,6
Hessen461,4
Baden-Württemberg 735,5 122,1
Bayern1 776,0 418,2
Saarland 36,6
Berlin2,9
Brandenburg 889,6
Mecklenburg-Vorpommern 968,2
Sachsen599,0
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 13582,1
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 — 15.01.2004 — 006.001 — 25
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▼M5
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(1 000 ha)
RegionAll crops of which maizeof which silage
grass
AUSTRIA 1 203,5
PORTUGAL
Azores 9,7
Madeira
— Regadio 0,31 0,29
— Other 0,30
Continental
— Regadio 293,4 221,4
— Other 622,7
FINLAND 1 591,5 200,0
SWEDEN 1 737,1 130,0
UNITED KINGDOM
England 3 794,6 33,2 (1)
Scotland 551,6NorthernIrelan d 52,9
Wales 61,4 1,2 (
1)
(1) With the exceptionof sweetcorn .
(2) Including 284 000 ha irrigated maize.
(3) Where Article 2(6) of Regulation(EC) No 1251/1999 is applied.1999R2316 — EN — 15.01.2004 — 006.001 — 26
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ANNEX VII
(Article 10(4))
1999R2316 — EN — 15.01.2004 — 006.001 — 27
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1999R2316 — EN — 15.01.2004 — 006.001 — 28
▼B
ANNEX VIII
(Article 14,secondparagraph)
REFERENCEYIELDSASREFERREDTOINARTICLE3(7)OFREGU-
LATION(EC)No1251/1999
Belgium 6,24
Denmark 5,22
Germany 5,66 (1)
— Schleswig-Holstein6,81
— Hamburg 6,01
— Niedersachsen5,33
— Bremen5,34
— Nordrhein-Westfalen 5,81
— Hessen5,50
— Rheinland-Pfalz 4,78
— Baden-Württemberg 5,48
— Bayern5,94
— Saarland 4,38
— Berlin4,52
— Brandenburg 4,54— Mecklenburg-Vorpommern 5,45
— Sachsen6,23
— Sachsen-Anhalt 6,14
— Thüringen 6,13
Greece 3,39
Spain2,9
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
Sweden4,02
Finland 2,82
(1) Where Article 2(6) of Regulation(EC) No 1251/1999 is applied.1999R2316 — EN — 15.01.2004 — 006.001 — 29
▼B
ANNEX IX
(Article22)
SUPPLEMENTFORSET-ASIDEINPORTUGAL
(EUR)
Marketing year 2000/01 2001/02 2002/03
Supplementary payment 9,64 ►M49,64◄3,411999R2316 — EN — 15.01.2004 — 006.001 — 30
▼M2
ANNEX X
(Article 24,firstparagraph)
Latest date for sowing: 15 June
Crop Member State Region
All crops Finland Whole territory
SwedenWhole territory
Sweetcorn
Hemp grownfor fibreAll Member States Whole territory1999R2316 — EN — 15.01.2004 — 006.001 — 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 regioninquestion .
The yield is that used for calculating area payments in 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 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 an d
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 — 15.01.2004 — 006.001 — 32
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1999R2316 — EN — 15.01.2004 — 006.001 — 33
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ANNEX XII
(Article 7a(1))
VARIETIES OF FLAX AND HEMP GROWN FOR FIBRE ELIGIBLE
FORTHESUPPORTSYSTEM
1.Varietiesofflaxgrownforfibre
Adélie
AgathaAlbaAlizéeAngelinArgosArianeArtemida
Aurore
BelinkaBonetCaesar AugustusDianeDivaDrakkar
Electra
EliseEscalinaEvelinExelHermesIlonaJitka
Jordan
KastyciaiLauraLiflaxLiviolaLoréaLunaMarina
Marylin
MelinaMerkurModranNikeOpalineRosalin
Selena
Super1999R2316 — EN — 15.01.2004 — 006.001 — 34
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Tabor
Texa
VenicaVenus
Veralin
VikingViola
2a.Varietiesofhempgrownforfibre
Carmagnola
BenikoChamaeleon
Cs
Delta-LlosaDelta 405
Dioica 88
Epsilon68Fedora 17
Felina 32
Ferimon-FérimonFibranova
Fibrimon24
Futura 75Juso 14
Red Petiole
Santhica 23Santhica 27
Uso 31
2b.Varieties of hemp grown for fibre authorised in the 2004/05 marketing
year
Bialobrzeskie
Cannacomp (
1)
Fasamo
Felina 34 — Félina 34
Fibriko TCFinola
Lipko(
1)
Silesia (2)
Tiborszallasi (1)
UNIKO-B1999R2316 — EN — 15.01.2004 — 006.001 — 35
(1) Limited to Hungary.
(2) Limited to Poland.
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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
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 extractionwith a suitable solven t.
1.1.Procedure A
Procedure A is used for checks onproductionas provided for inArticle
5a(2) of Regulation(EC) No 1251/1999.
1.2.Procedure B
Procedure B is used incases as referred to inthe third subparagraph of
Article 7b(1) of this Regulation and for checking that the conditions laid
downinthe secon d 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 inthe third para-
graph of Article 3(1)(c), at least three distinct parts of the plot, comprising
at least 4000 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 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 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
systematic pattern to ensure that the sample is representative of the
field but excluding the edges of the crop. In the case of dioecious vari-
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 ina fabric or paper bag, without crushin g 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 — 15.01.2004 — 006.001 — 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 ina 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.
Extractionsolution— 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) Calibrationran ges
At least three points for procedure A and five points for procedure B,
including points 0,04 and 0,50 mg/ml ∆9-THC inextractionsolution .
(c) Experimental conditions
The following conditions are given as an example for the column
referred to in(a):
oventemperature: 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 determinations will be taken as the
result,
— Procedure B: the result corresponds to the mean value of two determi-
nations per test sample.1999R2316 — EN — 15.01.2004 — 006.001 — 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 thanharvested at
full maturity
ex 12092950 Lupinusspp. other thansweet lupin s
ex 12149099 Medicago spp.
Trifolium spp.
Lathyrus spp.
Melilotus spp.
Onobrychis spp.
Ornithopus sativus
Hedysarum coronarium
Lotus corniculatusGalega orientalis
Trigonella foenum-graecum
Vigna sinensis1999R2316 — EN — 15.01.2004 — 006.001 — 38