9. 2. 90 Official Journal of the European Communities No C 31/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 797/85 on 
improving the efficiency of agricultural structures 
COM(89) 597 final 
(Submitted by the Commission on 13 December 1989) 
(90/C 31/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 42 and 
43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the structures policy must contribute towards 
helping farmers adapt to the new market reality and 
towards alleviating the effects which the new market and 
prices policy may have, in particular, on agricultural 
income; 
Whereas the European Council has requested the 
Commission to explore all possibilities for stepping up 
the use of agricultural raw materials for non-food ends; 
Whereas possibilities for non-food use are sufficiently 
advanced, technically and economically, in the case of 
cereals; 
Whereas the realization of such possibilities enables 
farmers to turn towards new outlets; whereas, in order 
to encourage them in this direction, cereals must be 
made available at attractive prices; 
Whereas, however, such new uses must not lead to an 
increase in production of cereals, thereby leading to 
further surpluses; 
Whereas the existing aid scheme to encourage the 
set-aside of arable land should accordingly be adjusted 
by providing for specific aid for the use of arable land 
for non-food ends; Whereas in order to ensure that the new policy is effec­
tively applied, certain minimum conditions must be laid 
down for the granting of the aid; whereas provision 
should be made in particular for producers to present a 
contract concluded with a processing enterprise guaran­
teeing the non-food use of the products in question in 
order to qualify for the aid; whereas, in addition, in 
order to avoid overcompensation, products which qualify 
for a production refund in accordance with Article 11a 
of Council Regulation (EEC) No 2727/75 ('), as last 
amended by Regulation (EEC) No 201/90 (2), or the aid 
provided for in Article 11 b thereof should not be eligible 
for the aid; 
Whereas the ceiling on the specific aid must take account 
of income from the sale of the cereals in question to the 
processing enterprises; whereas such ceilings must 
accordingly be less than those effectively laid down for 
set-aside; 
Whereas Council Regulation (EEC) No 797/85 (J), as 
last amended by Regulation (EEC) No 3808/89 (4), 
should be amended accordingly, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article la of Regulation (EEC) No 797/85 is hereby 
amended as follows: 
1. The following paragraph is inserted: 
'3a. Member States may provide for a specific aid 
scheme for the use of arable land for non-food 
purposes, these being the manufacture of products not 
destined for human or for animal consumption. 
(') OJ No L 281, 1. 11. 1975, p. 1. 
O OJ No L 22, 27. 1. 1990, p. 7. 
O OJ No L 93, 30. 3. 1985, p. 1. 
(4) OJ No L 371, 20. 12. 1989, p. 1. 
No C 31/8 Official Journal of the European Communities 9. 2. 90 
The following shall be eligible under the scheme: 
— recipients under the aid scheme provided for in 
paragraph 1 on condition that the arable land set 
aside represents at least 30 % of the arable land of 
the holding in question, 
— arable land on the holding which is the subject of 
a set-aside undertaking, extending to at most 
50 % of the area set aside and on condition that it 
is sown to cereals, that the whole cereal 
production of such areas is intended for non-food 
purposes and that, where other areas of the 
holding are sown to cereals, the latter are of a 
different species from the abovementioned cereals. 
To qualify for the specific aid, producers must submit 
a contract conluded with a processing enterprise 
guarenteeing the non-food use of the products in 
question within the Community. 
Contracts relating to consignments which qualify for 
the production refund provided for in Article 11a of 
Regulation (EEC) No 2727/75 or the aid provided 
for in Article lib thereof shall not be eligible for the 
specific aid. 
The specific aid shall be paid for a period of five 
years from the first supply of products to the 
processor in accordance with the delivery contract, 
with a possibility of cancellation after three years.' 
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, 
Having regard to the opinion of the European 
Parliament, 2. The following subparagraph is added to paragraph 
4(a): 
'The specific aid provided for in paragraph 3a to be 
paid per hectare shall be determined in accordance 
with the criteria laid down in the first subparagraph. 
The maximum aid shall be fixed at 70 % of the aid 
provided for in the first subparagraph. For the areas 
in question, the specific aid shall replace aid for 
set-aside.' 
3. In paragraph 7: 
— the following is inserted after '30 April 1988': 
'and, in the case of the specific aid provided for in 
paragraph 3a, before 1 April 1990,', 
— the following indent is added: 
'— the special detailed rules on the granting of 
the specific aid provided for in paragraph 3a, 
and in particular those on the exclusion of 
certain uses, the determination of the ceiling 
and the minimum areas which may qualify for 
the aid, delivery contracts, controls including, 
where appropriate, checks on the processing 
undertaking, and penalties to be laid down 
where obligations are not complied with.' 
Article 2 
This Regulation shall enter into force on . . . 1990. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Whereas by Directive 77/93/EEC ('), as last amended by 
Directive 89/439/EEC (2), the Council laid down 
protective measures against the introduction into the 
Member States of organisms harmful to plants or plant 
products; whereas the protection of plants against such 
organisms is absolutely necessary to increase agricultural 
productivity which is one of the objectives of the 
common agricultural policy; 
(') OJ No L 26, 31. 1. 1977, p. 20. 
(2) OJ No L 212, 22. 7. 1989, p. 106. Proposal for a Council Directive amending Directive 77/93/EEC on protective measures 
against the introduction into the Member States of organisms harmful to plants or plant 
products 
COM(89) 647 final 
(Submitted by the Commission on 21 December 1989) 
(90/C 31/09)