No C 6/8 Official Journal of the European Communities 7. 1. 89 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. In order to assist Portuguese farmers in less-
favoured areas within the meaning of Article 3 of 
Council Directive 75/268/EEC of 28 April 1975 on 
mountain and hill farming and farming in certain less-
favoured areas (') to overcome the exceptional diffi­
culties due to the bad weather conditions prevailing in 
1988, a common measure within the meaning of Article 
6 (2) of Council Regulation (EEC) No 729/79 of 21 
April 1970 on the financing of the common agricultural 
policy (*), as least amended by Regulation (EEC) No 
2048/88 (3), is hereby instituted by way of an exception. 
2. The common measure involves a financial contri­
bution from the Community to payments made by 
Portugal to supplement the compensatory allowances 
paid in 1989 pursuant to Title III of Regulation (EEC) 
No 797/85, as last amended by Regulation (EEC) No 
1098/88 (4). It shall be limited to supplementary 
payments made under the arrangements applicable in 
1989 and must comply with the limits and conditions laid 
down in Articles 14 and 15 of the abovementioned 
Regulation. 
(') OJ No L 128, 19. 5. 1975, p. 1. 
(2) OJ No L 94, 28. 4. 1970, p. 13. 
O OJ No L 185, 15. 7. 1988, p. 1. 
O OJ No L 106, 27. 4. 1988, p. 28. 
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, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the maintenance of crops of grain legumes such 
as lentils, chick-peas and vetches is in the Community 
economic interest and prevents imbalance on the 
Community market; 3. However, in view of the reference income referred 
to in Article 2 (3) of Regulation (EEC) No 797/85 as 
reduced in Portugal pursuant to Regulation (EEC) No 
1316/86 (5), Portugal is hereby exempted from the 
restriction laid down in Article 15 (4) of the abovemen­
tioned Regulation. 
Article 2 
1. The common measure provided for in Article 1 
shall apply for one year. 
2. The Community's contribution shall be limited to 
ECU 20 million. 
Article 3 
Articles 23, 25, 27 and 28 of Regulation (EEC) No 
797/85 shall apply to the common measure provided for 
in Article 1. 
Article 4 
This Regulation shall enter into force on the third 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. 
O OJ No L 115, 3. 5. 1986, p. 17. 
Whereas, in the framework of the aid scheme for the 
set-aside of arable land introduced by Council Regu­
lation (EEC) No 795/85 of 12 March 1985 on 
improving the efficiency of agricultural structures ('), as 
last amended by Regulation (EEC) No 1094/88 (2), the 
Council has laid down that certain Member States may 
authorize the cultivation of lentils, chick-peas and 
vetches on arable land withdrawn from production 
pursuant to the abovementioned measures; whereas the 
objective of obtaining the abovementioned crops may 
also be achieved by granting an aid per hectare for areas 
at present under those crops during the period of 
application of the arrangements for the set-aside of 
arable land; whereas, as a corollary, the amount of the 
aid granted must be fixed according to the levels of aid 
paid under the arrangements laid down in Regulation 
(EEC) No 797/85; 
(') OJ No L 93, 30. 3. 1985, p. 1. 
O OJ No L 106, 27. 4. 1988, p. 28. Proposal for a Council Regulation (EEC) introducing a specific measure for certain grain 
legumes 
COM(88) 832 final 
(Submitted by the Commission on 22 December 1988) 
(89/C 6/06) 
7. 1. 89 Official Journal of the European Communities No C 6/9 
Whereas, however, the effect of granting the aid must 
not be to encourage an increase in areas under the crops 
in question; whereas a maximum guaranteed area, which 
if exceeded will result in a reduction of the aid for the 
following marketing year, should be determined, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Aid for the production of the following grain legumes is 
hereby instituted: 
— lentils covered by CN code 0713 40 90, 
— chick-peas covered by CN code 0713 20 90, and 
— vetches of the species Vicia sativa L. and Vicia ervilla 
Willd. covered by CN code ex 0713 90 90. 
Article 2 
1. The aid shall be granted by marketing year for the 
production of the grain legumes listed in Article 1. The 
marketing year shall commence on 1 July and shall end 
on 30 June. 
The aid shall not be granted for areas qualifying for aid 
to encourage the withdrawal of arable land pursuant to 
Regulation (EEC) No 797/85. 
The aid shall be fixed per hectare of area sown and 
harvested. It shall vary with the aid granted for areas in 
which the products referred to in Article 1 are sown 
under the aid scheme to encourage the set-aside of 
arable land. 
2. Where the areas on which the abovementioned 
grain legumes are grown exceed a maximum guaranteed 
Community area, the aid shall be reduced for the 
following marketing year in proportion to the amount by 
which the maximum guaranteed area is exceeded. The 
maximum guaranteed area shall be the average of the 
areas cultivated in the Community in the 1985/86, 
1986/87 and 1987/88 marketing years. The areas of arable land to which point (b) of the third 
subparagraph of Article la (3) of Regulation (EEC) No 
797/85 shall not be included when carrying out the veri­
fication provided for in the first subparagraph. 
Article 3 
The production aid instituted by this Regulation shall be 
deemed an intervention measure to regulate the agri­
cultural markets within the meaning of Article 3 (3) of 
Council Regulation (EEC) No 729/70 ('). 
Article 4 
The Commission shall lay clown detailed rules for the 
application of this Regulation in accordance with the 
procedure provided for in Article 22 of Regulation 
(EEC) No 426/86 on the common organization of the 
market in products processed from fruit and 
vegetables (2), as last amended by Regulation (EEC) No 
2247/88 (3). In accordance with that procedure the 
Commission shall fix the amount of the aid and the 
maximum guaranteed area; it shall verify if necessary the 
extent by which the maximum guaranteed area is 
exceeded and shall determine the resulting reduction in 
the aid. 
Article 5 
This Regulation shall enter into force on . . . 
The specific measure introduced by this Regulation shall 
apply during the period of application of the aid scheme 
to encourage the set-aside of arable land provided for in 
Council Regulation (EEC) No 797/85. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
O OJ No L 94, 28. 4. 1970, p. 1. 
(2) OJ No L 49, 27. 2. 1986, p. 1. 
(3) OJ No L 198, 26. 7. 1988, p. 21.