13. 6. 86 Official Journal of the European Communities No C 146/13 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) adapting, by reason of the accession of Spain, Regu­
lations (EEC) No 797/85, (EEC) No 355/77 and (EEC) No 1360/78 on agricultural structures 
COM(86) 286 final 
(Submitted by the Commission to the Council on 23 May 1986) 
(86/C 146/07) 
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 Par­
liament, 
Whereas the declaration made by the Community on 18 
April 1985 in the context of the negotiations on Spain's 
accession to the Communities provides that, following 
Spanish accession, there should be an extension of the 
scope of certain specific provisions and more favourable 
conditions laid down in the Community's horizontal 
legislation as at the date of accession, and in particular 
those on behalf of less-favoured areas; 
Whereas the structural situation in Spanish agriculture 
and the situation on the Spanish capital markets justify 
the application of the special conditions referred to in 
Article 2 (1) (d) and Article 4 (2) of Council Regulation 
(EEC) No 797/85 of 12 March 1985 on improving the 
efficiency of agricultural structures (*), as last amended 
by Regulation (EEC) No 3827/85 (2); 
Whereas in the mountain areas and less-favoured areas 
of Spain three hectares of utilized agricultural area is too 
high a minimum level for farms qualifying for the 
compensatory allowance referred to in Title III of Regu­
lation (EEC) No 797/85, given the preponderance of 
very small farms in that country; whereas the level 
should be fixed at two hectares of UAA; 
Whereas in the less-favoured areas of Spain, including 
those on the Canary Islands, the 25 % rate of 
reimbursement for eligible expenditure on investment 
aids, and in particular the measures referred to in Title III of Regulation (EEC) No 797/85, seems insufficient 
to enable these measures to be effectively implemented; 
whereas the rate should therefore be increased to 50 %; 
Whereas the areas to which the 50 % reimbursement 
rate is to apply can be determined only in conjunction 
with the establishment of the Community list of less-
favoured areas in Spain; 
Whereas in many regions of Spain the marketing and 
processing of agricultural products are insufficiently 
developed and, in many cases, in need of rationalization; 
whereas the expansion and improvement of marketing 
and processing facilitites are essential if agricultural 
structures, which are particularly inadequate in many 
regions of Spain including the Canary Islands, are to be 
developed and if production is to be redirected and 
adapted in line with market requirements; 
Whereas, particularly because of the slowness of overall 
economic development and financing difficulties, 
worthwhile economic initiatives to improve the 
processing and marketing of agricultural products in 
such regions cannot be encouraged without particularly 
intensive efforts suited to the requirements of the various 
regions; whereas there should consequently be an 
increase in the Community financial contribution 
provided for in Council Regulation (EEC) No 355/77 of 
15 February 1977 on common measures to improve the 
conditions under which agricultural and fishery products 
are processed and marketed (3), as last amended by 
Regulation (EEC) No 3827/85; 
Whereas, in the same context, application of the 
common measure introduced by Council Regulation 
(EEC) No 1360/78 of 19 June 1978 on producer groups 
and associations thereof (4), as last amended by Regu­
lation (EEC) No 3827/85 may help to achieve the 
abovementioned objectives, 
C) OJ No L 93, 30. 3. 1985, p. 1. 
(2) OJ No L 372, 31. 12. 1985, p. 1. (3) OJ No L 51, 23. 2. 1977, p. 1. 
(4) OJ No L 166, 23. 6. 1978, p. 1. 
No C 146/14 Official Journal of the European Communities 13. 6. 86 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 797/85 is hereby amended as 
follows: 
1. The second subparagraph of Article 2 (1) (d) is 
replaced by the following: 
'However, in the less-favoured areas determined in 
accordance with Articles 2 and 3 of Directive 75/268/ 
EEC, Spain, Greece, Italy, as regards the 
Mezzogiorno including the islands, and Portugal, as 
regards its entire territory, shall be authorized to 
accept improvement plans submitted during the first 
three years of the duration of this common measure 
and, in the case of Spain and Portugal, submitted 
during the first three years following the entry into 
force of the provisions implementing, in these two 
Member States, the measures provided for in Title I, 
by holdings which do not satisfy the conditions laid 
down in this point, provided that the volume of work-
on the holding does not require more than the 
equivalent of one MWU and that projected 
investments do not exceed 25 000 ECU.' 
2. The last sentence of the last subparagraph of Article 4 
(2) is replaced by the following: 
'In the case of Spain and Portugal, the period referred 
to above shall begin on the date of the entry into 
force of the provisions implementing, in these two 
Member States, the measures specified in Title I.' 
3. The last subparagraph of Article 14 (1) is replaced by 
the following: 
'However, in the Mezzogiorno, including the islands, 
in the regions in the French overseas departments and 
in the Greek, Portuguese and Spanish regions, the 
minimum utilized agricultural area per holding shall 
be two hectares.' 
4. The following paragraph 4 is added to Article 26: 
'4. The Council, when drawing up the list of less-
favoured agricultural areas in Spain within the 
meaning of Article 3 of Council Directive 75/268/ 
EEC, shall determine which of these less-favoured 
agricultural areas shall qualify for the 50% rate of 
reimbursement for the measures referred to in Articles 
3, 4, 14 and 17.' 
Article 2 
Regulation (EEC) No 355/77 is hereby amended as 
follows: 
Article 17 is replaced by the following: 
Article 17 
1. The aid from the Fund shall consist of capital 
grants paid in a lump sum or instalments. 2. For each project, in relation to the investment 
made: 
(a) the financial contribution of the beneficiary must 
be not less than 50 %, however, this shall be 
reduced to: 
— 35 % in the case of projects carried out in 
Languedoc-Roussillon and the departments of 
Vaucluse, Bouches-du-Rhone, Var, Ardeche 
and Drome in France, and in the autonomous 
regions of Asturias, Cantabria, the Basque 
country excluding the province of Vizcaya, 
Navarra, Rioja, in Aragon the province of 
Zaragoza, Catalonia excluding the province 
of Barcelona, Valencia, Murcia, Andalusia 
excluding the provinces of Granada and 
Huelva and the Balearic Islands in Spain, 
— 25 % in the case of projects carried out in the 
Mezzogiorno, in the less-favoured areas of 
the west of Ireland, in all regions of Greece 
except greater Athens, in Portugal, in the 
French overseas departments and in the 
autonomous regions of Galicia, Castile-
Leon, Castile-La Mancha, Extremadura, in 
Andalusia the provinces of Granada and 
Huelva, in Aragon the provinces of Huesca 
and Teruel, and the Canary Islands in Spain. 
Moreover, the Commission may, if this is 
justified by the situation on the capital market 
of a Member State, authorize that Member 
State to reduce the beneficiary's financial 
contribution from 50 % to 45 %, in 
accordance with the procedure laid down in 
Article 22; 
(b) the financial contribution of the Member States 
on whose territory the project is to be carried out 
must be not less than 5 %; 
(c) the aid granted by the Fund shall not exceed: 
— 50 % for projects carried out in the 
Mezzogiorno, in the less-favoured areas of 
the west of Ireland, in all regions of Greece, 
except greater Athens, in Portugal, in the 
French overseas departments and in the 
autonomous regions of Galicia, Castile-
Leon, Castile-La Mancha, Extremadura, in 
Andalusia the provinces of Granada and 
Huelva, in Aragon the provinces of Huesca 
and Teruel, and the Canary Islands in Spain, 
— 35 % for projects carried out in Languedoc-
Roussillon and in the departments of 
Vaucluse, Bouches-du-Rhone, Var, Ardeche 
and Drome in France, and in the autonomous 
regions of Asturias, the Basque country 
excluding the province of Vizcaya, Navarra, 
Rioja, in Aragon the province of Zaragoza, 
Catalonia excluding the province of 
Barcelona, Valencia, Murcia, Andalusia 
excluding the provinces of Granada and 
Huelva and the Balearic Islands in Spain, 
13.6.86 Official Journal of the European Communities No C 146/15 
— 25 % in other regions; however, the 
Commission may, in accordance with the 
procedure laid down in Article 22, increase 
this to a maximum of 30 % in the case of 
projects referred to in Article 11 (c). 
3. Where aid is granted by the Fund for the 
purchase of harvesting equipment under Article 6 (f), 
the percentages referred to in paragraph 2 shall be 
determined as follows: 
(a) the financial contribution of the beneficiary must 
be at least 80 % and, in the case of Greece, 
Ireland, Italy, Portugal and Spain, for projects 
submitted before 31 December 1986, not less 
than 70 %. Roussillon and in the departments of 
Vaucluse, Bouches-du-Rhdne, Var, Ardeche 
and Drome in France, and in the autonomous 
regions of Asturias, in the Basque country the 
province of Navarra, Rioja, in Aragon the 
province of Zaragoza, Catalonia excluding 
the province of Barcelona, Valencia, Murcia, 
Andalusia excluding the provinces of Granada 
and Huelva and the Balearic Islands in Spain, 
— 10 % in other regions and 20 % in the case 
of projects submitted before 31 December 
1986 in the other regions of Greece, Ireland, 
Italy and Spain. 
Article 3 
However, this contribution shall be reduced to: 
— 70 % and, in the case of projects submitted 
before 31 December 1986, 60 % in the case 
of projects carried out in the Mezzogiorno, in 
the less-favoured areas of the west of Ireland, 
in all regions of Greece except greater 
Athens, in Portugal and in the autonomous 
regions of Galicia, Castile-Leon, Castile-La 
Mancha, Extremadura, in Andalusia the 
provinces of Granada and Huelva, in Aragon 
the provinces of Huesca and Teruel, and the 
Canary Islands in Spain, 
— 70 % in the case of projects carried out in the 
French overseas departments and those of 
Valcluse, Bouches-du-Rhone, Var, Ardeche 
and Drome in France and in the autonomous 
regions of Asturias, Cantabria, the Basque 
country excluding the province of Vizcaya, 
Navarra, Rioja, in Aragon the province of 
Zaragoza, Catalonia excluding the province 
of Barcelona, Valencia, Murcia Andalusia 
excluding the provinces of Granada and 
Huelva and the Balearic Islands in Spain; 
(b) the aid granted by the Fund shall not exceed: 
— 20 % and, in the case of projects submitted 
before 31 December 1986, 30 % in the case 
of projects carried out in the Mezzogiorno, in 
the less-favoured areas of the west of Ireland, 
in all regions of Greece except greater 
Athens, in Portugal and in the autonomous 
regions of Galicia, Castile-Leon, Castile-La 
Mancha, Extremadura, in Andalusia the 
provinces of Granada and Huelva, in Aragon 
the provinces of Huesca and Teruel, and the 
Canary Islands in Spain, 
— 20 % in the case of projects carried out in the 
French overseas departments, in Languedoc-Regulation (EEC) No 1360/78 is hereby amended as 
follows: 
1. The fifth indent of Article 2 is replaced by the 
following: 
'— the whole of Portugal and Spain', 
2. In Article 3 (1) the first sentence is replaced by the 
following: 
'1. In the case of Italy, Greece, Portugal and 
Spain, this Regulation shall apply to the following 
products provided that such products are produced in 
those countries.' 
3. In the second indent of Article 11 (1), the first sub-
indent is replaced by the following: 
'— in existence for more than three years on the date 
of the entry into force of this Regulation and, in 
the case of Greece, Portugal and Spain, on the 
day of accession'. 
4. In Article 19, the end of the second indent is replaced 
by the following: 
'and in the case of Portugal and Spain, by 31 March 
1987'. 
Article 4 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply with effect from 1 January 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.