No C 25/8 Official Journal of the European Communities 30.1.88 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) on a specific common measure to encourage the 
development of agriculture in certain regions of Spain 
COM(87) 368 final 
(Submitted by the Commission to the Council on 13 January 1988) 
(88/C 25/11) 
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 Council Regulation (EEC) No 797/85 
of 12 March 1985 on improving the efficiency of agri­
cultural structures ('), as last amended by Regulation 
(EEC) No 1760/87 (2), and in particular Article 18 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, by virtue of Article 39 (2) (a) of the Treaty, 
the social structure of agriculture and the structural and 
natural disparities between agricultural regions must be 
taken into account in working out the common agri­
cultural policy; 
Whereas, in order to attain the objectives of the common 
agricultural policy which are set out in Article 39 (1) (a) 
and (b) of the Treaty, special measures in keeping with 
the situation of less-favoured agricultural areas must be 
adopted at Community level; 
Whereas specific measures may be adopted pursuant to 
Article 18 of Regulation (EEC) No 797/85 to encourage 
agriculture as a whole in the region concerned, in 
harmony with any development schemes simultaneously 
undertaken in non-agricultural sectors and with the 
needs of environmental protection; 
Whereas in Spain the less-favoured farming areas which 
qualify under Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in 
certain less-favoured areas (3), and Council Directive 
86/466/EEC of 14 July 1976 concerning the Community 
list of less-favoured farming areas within the meaning of 
Directive 75/268/EEC (Spain) (4), face major handicaps, 
in particular in the case of mountain areas and areas 
qualifying for a 50 % rate of reimbursement from the 
EAGGF Guidance Section in accordance with Article 26 
(4) of Regulation (EEC) No 797/85; 
Whereas the rural infrastructure of those regions is far 
from adequate, in particular as regards public amenities 
such as the supply of electricity and potable water and 
farm and local roads; whereas providing or improving 
such facilities is a major precondition to bringing about 
an improvement in the agricultural structure and 
economic situation of rural areas; 
Whereas the situation in those areas as regards irri­
gation, etc., is far from adequate; whereas that situation 
should therefore be improved by renewing and extending 
existing irrigation networks when these are needed to 
change over to better types of farming or production; 
Whereas reparcelling consolidates agricultural land and 
lowers production costs; 
Whereas, since some farmland is adversely affected by 
erosion, it is essential to conserve soil and water 
resources and protect the countryside and its recreational 
potential; 
Whereas a special aid scheme for forestry protection and 
afforestation can play a major role in less-favoured 
areas; and whereas forestry can help to ensure the fullest 
possible use of the agricultural labour force and provide 
additional farm income; 
0) OJ No L 93, 30. 3. 1985, p. 1. 
O OJ No L 167, 26. 6. 1987, p. 1. (») OJ No L 128, 19. 5. 1975, p. 1. 
(4) OJ No L 273, 24. 9. 1986, p. 104. 
30.1. 88 Official Journal of the European Communities No C 25/9 
Whereas a special aid scheme should be introduced with 
a view to improving farm housing, in particular in order 
to attract young farmers; 
Whereas the achievement of these objectives should be 
encouraged by a measure which combines these various 
elements within one or more programmes; 
Whereas the funds available in Spain are fairly limited; 
whereas provision should therefore be made for a 
Community co-financing rate of 40 % for expenditure 
incurred in implementing irrigation measures and 50 % 
for expenditure incurred in implementing other 
measures; 
Whereas the measures in question therefore constitute 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 ('), 
as last amended by Regulation (EEC) No 3769/85 (2), 
HAS ADOPTED THIS REGULATION: 
TITLE I 
Measures to accelerate development in Spain's 
less-favoured areas 
Article 1 
1. In order to accelerate the development of agri­
culture in certain Spanish regions and thus improve 
economic and social cohesion a common measure within 
the meaning of Article 18 of Regulation (EEC) No 
797/85 is hereby introduced which Spain shall implement 
with a view to bringing about a significant improvement 
in agricultural structures, the aim being to reduce 
production costs and maintain agriculture in the regions 
concerned, all of which face major socio-structural 
handicaps. 
2. The common measure shall be applicable to less-
favoured areas within the meaning of Directive 75/268/ 
EEC, with priority given to mountain areas within the 
meaning of Article 3 (3) of the said Directive and areas 
qualifying for a rate of reimbursement from the EAGGF 
Guidance Section of 50 % in accordance with Article 26 
(4) of Regulation (EEC) No 797/85. 
3. The Community may make a contribution towards 
the common measure by financing, via the Guidance 
Section of the European Agricultural Guidance and 
Guarantee Fund, hereinafter referred to as 'the Fund', 
measures in support of agriculture which are set out in 
one or more programmes drawn up by the Spanish 
Government or by other authorities designated by the 
Spanish Government for that purpose. 
(') OJ No L 94, 28. 4. 1970, p. 13. 
O OJ No L 362, 31. 12. 1985, p. 17. 4. For the purposes of coordination with other 
programmes and/or provisions and in order to ensure 
effective combined use of the various measures, the 
programme shall include any particulars which may 
affect agricultural development in the regions concerned. 
. Article 2 
The common measure shall concern: 
1. The improvement of the agricultural infrastructure, in 
particular: 
— the supply of electricity and potable water to 
farms, villages and parts of villages whose 
inhabitants are primarily dependent on agriculture 
and/or forestry; 
— the construction and improvement of farm roads 
and local roads used for agriculture and/or 
forestry; 
2. Irrigation works, including: 
— renewing and improving existing collective irri­
gation and drainage networks; 
— installing collective irrigation networks and 
carrying out drainage operations in cases where 
those networks and operations are needed to 
channel production towards non-surplus products 
in accordance with Article la (1) (a) of Regulation 
(EEC) No 797/85; 
3. The reparcelling of agricultural land, involving: 
— a lasting increase in the size of parcels so that, in 
general, they increase by a factor of at least three; 
— related operations; 
4. The prevention of soil erosion involving: 
— the construction of small dams, dykes, retaining 
walls, breakwaters and windbreaks; 
— the improvement of streams and gullies; 
— the construction or repair of banks; 
— planting with suitable varieties along water courses 
to improve the soil's retaining capacity; 
5. Improving privately-owned farmland as part of an 
overall scheme, including: 
— drainage; 
— other soil-improvement measures such as the 
clearing of stones, the levelling and sowing of 
pastures, and base dressing; 
No C 25/10 Official Journal of the European Communities 30.1. 88 
6. Forestry, including: 
— afforestation, including the planting of fast-
growing species; 
— improvement of deteriorated woodlands; 
— other supporting measures, including measures to 
prevent and combat forest fires, but not including 
measures for which aid is paid under Council 
Regulation (EEC) No 3529/86 on protection of 
the Community's forests against fires (*); 
7. The improvement of farm housing, especially for 
young farmers newly installed on the farm concerned, 
via investment aid not exceeding 20 000 ECU per 
holding; however, the investment aid shall not exceed 
the limits laid down in the second subparagraph of 
Article 4 (2) of Regulation (EEC) No 797/85. 
Article 3 
1. The programmes referred to in Article 1 (3) shall 
include the following particulars: 
(a) the definition of the geographical area concerned; 
(b) a description of the problems in each sector, the 
areas affected and the various measures to be 
adopted under the common measure in order to 
solve them, together with an estimate of the cost 
involved and the method of financing; 
(c) the expected timetable for completion of the various 
measures; 
(d) an indication of the additional effect attributable to 
the planned measures at national and Community 
level; 
(e) the arrangements to coordinate the programme with 
any other programmes or measures which may 
influence the development of agriculture in the 
regions concerned; 
(f) evidence that the measures contemplated are 
compatible with the protection of the environment. 
2. In the case of the installation of new irrigation 
networks as referred to in the second indent of Article 2 
(2), programmes shall include information showing that 
production on the land concerned will be in conformity 
with the list of products towards which a reorientation of 
production is acceptable within the meaning of Article 
la (1) (a) of Regulation (EEC) No 797/85. 
Article 4 
1. All programmes shall be forwarded to the 
Commission by the Spanish Government. 
2. The Spanish Government shall, at the 
Commission's request, provide any background infor­
mation required in addition to the particulars supplied 
pursuant to Article 3. 
(') OJ No L 326, 21. 11. 1986, p. 5. 3. Programmes and any amendments thereto shall be 
adopted in accordance with the procedure laid down in > 
Article 10 after the Fund Committee has been consulted 
on the financial aspects. 
4. When approving programmes the Commission 
shall, jointly with the Spanish Government, decide on 
the arrangments regarding submission to the Commission 
of regular progress reports on the programmes, and the 
Spanish Government shall, where appropriate, designate 
the agency or the regions responsible for the actual 
implementation of the programmes. 
TITLE II 
General and financial provisions 
Article 5 
Investment qualifying for Community aid under other 
common measures within the meaning of Article 6 (1) of 
Regulation (EEC) No 729/70 and in particular under 
Articles 17 or 20 of Regulation (EEC) No 797/85 or 
Regulation (EEC) No 3529/86, shall not be eligible for 
aid from the Fund under this Regulation. 
Article 6 
1. The maximum duration of the common measure 
shall be five years from the approval of the first 
programme. 
2. During the fourth year the Commission shall report 
to the Council on the progress of the common measure. 
3. Before the expiry of the period referred to in 
paragraph 1, the Council, acting by qualified majority on 
a proposal from the Commission, may extend the 
common measure's period of validity. 
4. The estimated cost of the common measure to the 
Fund is 420 million ECU. 
Article 7 
1. Expenditure by the Spanish Government in respect 
of the common measure shall be eligible for assistance 
from the Fund up to the amounts and percentages 
specified in paragraph 2. 
2. The actual expenditure incurred by the Spanish 
Government shall be reimbursed by the Fund up to the 
following limits: 
— 50 % for improvements to the agricultural infra­
structure as referred to in Article 2 (1), subject to a 
maximum eligible amount of 190 million ECU; 
— 40 % for irrigation works as referred to in Article 
2 (2), subject to a maximum eligible amount of 5 000 
ECU per irrigated hectare, and an overall limit of 
70 000 hectares and 224 million ECU; 
30.1. 88 Official Journal of the European Communities No C 25/11 
— 50 °/o for reparcelling as referred to in Article 2 (3), 
subject to a maximum eligible amount of 600 ECU 
per hectare concerned, and an overall limit of 
245 000 hectares and 122 million ECU; 
— 50 % for measures to combat soil erosion as referred 
to in Article 2 (4), subject to a maximum eligible 
amount of 100 million ECU; 
— 50 % for farmland improvements as referred to in 
Article 2 (5), within an overall limit of 125 000 
hectares and maximum total expenditure of 29 
million ECU, and provided the recipient's contri­
bution is not less than 20 %; 
— 50 °/o for forestry as referred to in Article 2 (6), 
subject to a maximum eligible amount of 2 300 ECU 
per hectare in the case of afforestation and 2 000 
ECU per hectare in the case of the improvement of 
deteriorated woodlands, and an overall limit of 194 
million ECU; 
— 50 % for the investment aid referred to in Article 
2 (7), subject to a maximum eligible amount of 25 
million ECU. 
3. When approving the updating of a programme the 
Commission may, at Spain's request and on the basis of 
data provided by the latter, alter the limits specified in 
paragraph 2, without, however, exceeding the estimated 
cost given in Article 6 (4). 
Article 8 
For the purposes of the common measure, a Monitoring 
Committee shall be set up by mutual agreement between 
the Commission and the Spanish Government. 
The Monitoring Committee shall assist the Spanish 
Government or, where applicable, the authority 
appointed by the latter to undertake effective 
implementation of the common measure. 
Article 9 
1. Applications for reimbursement shall relate to 
expenditure incurred by Spain during one calendar year 
and shall be submitted to the Commission before 1 July 
of the following year. 2. Aid from the Fund shall be granted in accordance 
with Article 7 (1) of Regulation-(EEC) No 729/70. 
3. The Fund may make advance payments on the basis 
of the financing arrangements adopted by Spain and in 
the light of the progress of the programme. 
4. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure laid 
down in Article 13 of Regulation (EEC) No 729/70. 
Article 10 
1. In cases where recourse is had to the procedure laid 
down in this Article, the matter shall be referred to the 
Standing Committee on Agricultural Structure by its 
chairman either on his own initiative or at the request of 
the representative of a Member State. 
2. The chairman shall submit a draft of the measures 
to be taken. The Standing Committee on Agricultural 
Structure shall deliver an opinion on the said draft 
measures within a time-limit set -by the chairman 
according to the urgency of the matter. It shall act by a 
majority of 54 votes, the votes of the Member States 
being weighted as laid down in Article 148 (2) of the 
Treaty. The chairman shall not vote. 
3. The Commission shall adopt measures which shall 
apply immediately. However, if the said measures are not 
in accordance with the opinion of the Standing 
Committee on Agricultural Structure, they shall be 
communicated forthwith by the Commission to the 
Council. In that case, the Commission may defer 
application of the measures which it has adopted by not 
more than one month from the date of such communi­
cation. 
The Council, acting by a qualified majority, may adopt a 
different decision within one month. 
Article 11 
This Regulation shall enter into force on the third day 
following that of 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.