COMMISSION REGULATION (EC) No 380/1999 of 19 February 1999 setting the final reference amounts for producers of soya beans, rape or colza seed and sunflower seed for the 1998/99 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (1), as last amended by Regulation (EC) No 1624/98 (2), and in particular Article 12 thereof,

Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agri-monetary arrangements for the euro (3), and in particular Article 3(2) thereof,

Whereas Article 5(1)(d) of Regulation (EEC) No 1765/92 provides that the Commission is to calculate a final regional reference amount based on the observed reference price for oilseeds, by substituting the observed reference price for the projected reference price; whereas the Commission has determined the observed reference price using the data provided, pursuant to Commission Regulation (EC) No 3405/93 (4);

Whereas Article 5(1)(e) of Regulation (EEC) No 1765/92 specifies that if the area of land for which the crop specific oilseed compensatory payment is made, after the application of Article 2(6) of that Regulation, exceeds the maximum guaranteed area (MGA), the final regional reference amounts shall be reduced;

Whereas Article 5(1)(f) of Regulation (EEC) No 1765/92 specifies that the final regional reference amounts shall be reduced by one percent for every one percent by which the MGA has been exceeded; whereas the reduction of final regional reference amounts shall be restricted to those Member States which have exceeded their national reference area (NRA), reduced by 10 %; whereas the weighted average reduction applied in these Member States shall be equal to the reduction necessary at the level of the MGA; whereas the reductions applied in Member States should reflect their contribution towards the total overshoot of the MGA;

Whereas the maximum guaranteed area has been exceeded for two consecutive marketing years; whereas Article 5(1)(h) of Regulation (EEC) No 1765/92 specifies that the relevant reference amounts for the following marketing year is reduced by the same percentage if the compensatory payment has been reduced in the previous year in accordance with the provisions of subparagraphs (f) and (g) of Article 5 of Regulation (EEC) No 1765/92;

Whereas Article 5(1)(f) of Regulation (EEC) No 1765/92 specifies that in the case of Germany, the appropriate additional reduction may be adjusted at its request, in whole or in part, according to the regional base area; whereas Germany requested the adjustment in whole of the additional reduction according to the regional base area;

Whereas the ceiling applicable to irrigated soya in France laid down in Article 7 of Commission Regulation (EC) No 658/96 (5), as last amended by Regulation (EC) No 2308/98 (6), has been exceeded by 2,926 % in zone II; whereas the irrigated base area has been exceeded by 4,6 %; whereas in accordance with Article 7(5) of Commission Regulation (EC) No 658/96 only the higher of the two reductions provided for, respectively, in the first indent of the first subparagraph of Article 2(6) of Regulation (EEC) No 1765/92 and in the first sentence of the sixth subparagraph of Article 3(1) of that same Regulation (EEC) No 1765/92 shall be made;

Whereas, pursuant to Article 3(6) of Regulation (EEC) No 1765/92 the compensatory payments for the 1998/99 marketing year are to be multiplied by a coefficient of 0,993 in the case of France as laid down in Commission Regulation (EC) No 1499/98 (7);

Whereas the producers received an advance payment at the level established in Article 2 of Commission Regulation (EC) No 1500/98 (8);

Whereas the date of the operative event of the final regional reference amounts for the 1998/99 marketing year for producers of oilseeds is the first day of that marketing year; whereas it is convenient to express these amounts in ecu and to convert them in national currency with the agricultural conversion rate applicable on 1 July 1998;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for cereals, oils and fats and dried fodder,

HAS ADOPTED THIS REGULATION:

Article 1

1. A succinct explanation of the calculation of the final regional reference amounts referred to in Article 5(3) of Regulation (EEC) No 1765/92 is set out in Annex I.

2. The final regional reference amounts for the 1998/99 marketing year shall be as set out in Annex II.

3. In calculating the compensatory payment to be made to producers of oilseeds referred to in Article 11(4) of Regulation (EEC) No 1765/92, the competent authority shall take account of:

- any reduction in the producer's eligible area and the level of the compensatory payment,

- any advance payment made in accordance with Article 2 of Regulation (EC) No 1500/98.

Article 2

This Regulation shall enter into force on the 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, 19 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 12.

(2) OJ L 210, 28. 7. 1998, p. 3.

(3) OJ L 349, 24. 12. 1998, p. 1.

(4) OJ L 310, 14. 12. 1993, p. 10.

(5) OJ L 91, 12. 4. 1996, p. 46.

(6) OJ L 288, 27. 10. 1998, p. 10.

(7) OJ L 198, 15. 7. 1998, p. 5.

(8) OJ L 198, 15. 7. 1998, p. 6.

ANNEX I

Succinct explanation of the calculation of the corrected final regional reference amount for producers of oilseeds in the 1998/99 marketing year

I. Adjustment of support payments pursuant to Article 5(1)(d) of Regulation (EEC) No 1765/92. Final regional reference amounts.

1. The observed reference price for oilseeds, which represents the average price recorded on the markets during the 1998/99 marketing year, has been assessed at EUR 226,816 per tonne. This observed reference price has been calculated on the basis of offers and prices reported by Member States in accordance with Regulation (EC) No 3405/93.

2. The level of the observed reference price is such that it is necessary to reduce the projected level of compensatory payments by 7 %, pursuant to Article 5 of Regulation (EEC) No 1765/92. The final regional reference amounts will be established at a level 7 % lower than the projected regional reference amounts laid down in Regulation (EC) No 1500/98.

II. Adjustment of support payments pursuant to Article 5(1)(e) of Regulation (EEC) No 1765/92. Correction of final regional reference amounts.

1. After the application of Article 2(6) of Regulation (EEC) No 1765/92, the areas of land for which crop specific oilseed payments have been made are such that the MGA has been overshot by 8 %.

2. The reductions applied to the final regional reference amounts as a consequence of the overshoot of the national reference areas less 10 % are as follows:

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3. The weighted average reduction of support in the MGA covering Community production for the 1998/99 marketing year is as follows:

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4. The total reduction in support necessary pursuant to Article 5(1)(f) in the MGA covering Community production, expressed in hectare equivalents of support, is:

- percentage overshoot of MGA: 8 %,

- area benefiting from crop specific compensatory payments within the MGAs: 5 345 897 ha,

- total reduction of support necessary, expressed in hectare equivalents of support: 8 % of 5 345 897 ha = 427 672 ha.

5. The aggregate reduction in support given in point II(4) is equal to the total reduction of support necessary to respect the conditions of Article 5(1)(f) of Regulation (EEC) No 1765/92.

ANNEX II

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