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( 1 ) OJ NO C 158 , 27 . 6 . 1981 , P . 6 .

( 2 ) OPINION DELIVERED ON 10 JULY 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OJ NO L 206 , 29 . 7 . 1978 , P . 5 .

( 4 ) OJ NO L 128 , 19 . 5 . 1975 , P . 1 .

( 5 ) OJ NO L 180 , 14 . 7 . 1980 , P . 34 .

( 6 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .

( 7 ) OJ NO L 367 , 31 . 12 . 1980 , P . 87 .

COUNCIL REGULATION ( EEC ) NO 2195/81

OF 27 JULY 1981

ON A SPECIAL PROGRAMME CONCERNING DRAINAGE OPERATIONS IN THE LESS-FAVOURED AREAS OF THE WEST OF IRELAND

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

WHEREAS THE FIELD DRAINAGE PROGRAMME ENVISAGED BY COUNCIL DIRECTIVE 78/628/EEC OF 19 JUNE 1978 ON A PROGRAMME TO ACCELERATE DRAINAGE OPERATIONS IN THE LESS-FAVOURED AREAS OF THE WEST OF IRELAND ( 3 ) HAS PROVED HIGHLY SUCCESSFUL ; WHEREAS DRAINAGE WORKS ON APPROXIMATELY TWO-THIRDS OF THE 100 000 HA , BEING THE MAXIMUM LIMIT PRESCRIBED , HAS ALREADY BEEN ALMOST COMPLETED AND THE DRAINAGE PLANS FOR THE REMAINDER HAVE ALSO BEEN FINALIZED ;

WHEREAS DIRECTIVE 78/628/EEC PROVIDES FOR A TOTAL COMMUNITY FINANCING OF 26 MILLION UNITS OF ACCOUNT FOR THE FIVE-YEAR PERIOD OF THE COMMON MEASURE ; WHEREAS BECAUSE OF THE ESCALATION OF COSTS OF THE RIVER EXCAVATION WORK UNDER THE ARTERIAL DRAINAGE PROGRAMME , THIS AMOUNT HAS PROVED TO BE INSUFFICIENT ; WHEREAS , AS A RESULT , THE ARTERIAL DRAINAGE PROGRAMME CAN BE COMPLETED ONLY BY INCREASING THE FINANCIAL RESOURCES PROVIDED FOR IN THAT DIRECTIVE ;

WHEREAS ALSO , THERE IS URGENT NEED FOR IMPROVING THE CONDITIONS OF AGRICULTURAL PRODUCTION IN ADDITIONAL LESS-FAVOURED AREAS OF THE WEST OF IRELAND WITHIN THE MEANING OF COUNCIL DIRECTIVE 75/268/EEC OF 28 APRIL 1975 ON MOUNTAIN AND HILL FARMING AND FARMING IN CERTAIN LESS-FAVOURED AREAS ( 4 ), AS LAST AMENDED BY DIRECTIVE 80/666/EEC ( 5 ); WHEREAS PROVISION OF DRAINAGE IS A NECESSARY MEANS TO SUCH IMPROVEMENT WITHIN A RELATIVELY SHORT TIME ;

WHEREAS , AS A RESULT OF THE ABOVE , IT IS NECESSARY TO INTRODUCE A COMMON MEASURE WITHIN THE MEANING OF ARTICLE 6 OF COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3509/80 ( 7 ) AIMED AT COMPLEMENTING THE MEASURE PROVIDED FOR IN DIRECTIVE 78/628/EEC ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . IN ORDER TO IMPROVE THE CONDITIONS OF AGRICULTURAL PRODUCTION IN CERTAIN LESS-FAVOURED AREAS OF THE WEST OF IRELAND , A COMMON MEASURE WITHIN THE MEANING OF ARTICLE 6 OF REGULATION ( EEC ) NO 729/70 IS HEREBY ESTABLISHED FOR ARTERIAL AND FIELD DRAINAGE , IN ORDER TO COMPLEMENT THE COMMON MEASURE REFERRED TO IN DIRECTIVE 78/628/EEC .

2 . ARTICLES 2 , 3 , 6 AND 7 OF DIRECTIVE 78/628/EEC SHALL APPLY TO THE COMMON MEASURE REFERRED TO IN PARAGRAPH 1 .

3 . THE DRAINAGE PROGRAMME MUST BE SUCH AS TO PROVIDE AN ASSURANCE THAT THE MEASURES ENVISAGED ARE COMPATIBLE WITH PROTECTION OF THE ENVIRONMENT .

ARTICLE 2

1 . FIELD DRAINAGE , AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL EXTEND TO NOT MORE THAN 50 000 HA .

ARTERIAL DRAINAGE AS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE LIMITED TO AN ELIGIBLE EXPENDITURE OF NOT MORE THAN 30 MECU ( A ).

2 . THE EXPENDITURE ON ARTERIAL DRAINAGE REFERRED TO IN THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 MAY SERVE TO COMPLETE WORKS ALREADY FORESEEN WITHIN THE FRAMEWORK OF DIRECTIVE 78/628/EEC .

ARTICLE 3

THE EAGGF GUIDANCE SECTION SHALL REIMBURSE 50 % OF EXPENDITURE BY IRELAND ON THE COMMON MEASURE , HOWEVER , THE CONTRIBUTION OF THE FUND TO FIELD DRAINAGE MAY NOT EXCEED 425 ECU ( A ) PER HECTARE .

ARTICLE 4

1 . THE DURATION OF THE COMMON MEASURE SHALL BE LIMITED TO 31 DECEMBER 1986 .

2 . THE ESTIMATED TOTAL COST OF THE COMMON MEASURE TO BE CHARGED TO THE FUND SHALL BE 30 MILLION ECU FOR ITS WHOLE DURATION .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 27 JULY 1981 .

FOR THE COUNCIL

THE PRESIDENT

P . WALKER