Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers

(presented by the Commission)

EXPLANATORY MEMORANDUM

The present definition of a 'producer in a less-favoured area' as provided for in Regulation (EEC) No 3493/90 has given rise to problems of interpretation, in particular with regard to those producers whose holdings are not entirely situated within a less-favoured area (LFA). The present definition states that the 50% of the land of the holding, which is in the LFA must also be used for rearing sheep and/or goats. This has created problems of eligibility for mixed farms in particular and has increased the complexity of controls because it is necessary to determine the use of the land by checking that the animals have been physically present. The proposal simplifies the definition by establishing one condition that more than 50% of the area of the holding used for agriculture should be in the less-favoured area.

Proposal for a COUNCIL REGULATION amending Regulation (EEC) No 3493/90 laying down general rules for the grant of premiums to sheepmeat and goatmeat producers

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2467/98 of 3 November 1998 on the common organisation of the market in sheepmeat and goatmeat [1], and in particular Article 5(8) thereof,

[1] OJ L 312, 20.11.1998, p. 1. Regulation amended by Regulation (EC) No 1669/2000 (OJ L 193, 29.7.2000, p. 8).

Having regard to the proposal from the Commission [2],

[2] OJ C , p. .

Whereas:

(1) Council Regulation (EEC) No 1323/90 of 14 May 1990 instituting specific aid for sheep and goat farming in certain less-favoured areas of the Community [3] provides for a flat-rate payment to sheep and goat producers in less-favoured areas to compensate them for the unfavourable consequences of measures introduced to limit the granting of the ewe premium.

[3] OJ L 132, 23.05.1990, p. 17. Regulation last amended by Regulation (EC) No 193/98 (OJ L 20, 27.1.1998 p. 18).

(2) Council Regulation (EEC) No 3493/90 [4] provides for a definition of a producer in a less-favoured area. This definition has given rise to problems of interpretation and has also made checks difficult by obliging the physical presence of animals on the land to be verified. It is necessary to make the rules easier for farmers to understand and to simplify checks. Therefore the definition of a producer in a less-favoured area should be amended.

[4] OJ L 337,4.12.1990, p. 7. Regulation last amended by Regulation (EC) No 233/94 (OJ L 30, 3.2.1994 p. 9).

HAS ADOPTED THIS REGULATION:

Article 1

Article 2(2) of Regulation (EEC) No 3493/90 is replaced by:

"2. 'Producer in a less-favoured area' means any producer of sheepmeat or goatmeat whose holding is located in the areas defined pursuant to Article 17 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations*, or whose holding has at least 50% of its area which is used for agriculture situated in such areas.

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* OJ L 160, 26.6.1999, p. 80."

Article 2

This Regulation shall enter into force on the seventh 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,

For the Council

The President

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