Council Regulation (EEC) No 3828/85 of 20 December 1985 on a specific programme for the development of Portuguese agriculture
Date: 1985-12-20
Institutions: Council of the European Union
Subjects: EAGGF, Portugal, State aid, agricultural advisory services, farm modernisation, joint action













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31985R3828

Council Regulation (EEC) No 3828/85 of 20 December 1985 on a specific programme for the development of Portuguese agriculture  


Official Journal L 372 , 31/12/1985 P. 0005 - 0011 Spanish special edition: Chapter 03 Volume 40 P. 0097  Portuguese special edition Chapter 03 Volume 40 P. 0097  





COUNCIL REGULATION (EEC) No 3828/85 of 20  December 1985 on a specific programme for the development of Portuguese agriculture THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Act of Accession of Spain and  Portugal, and in particular Articles 253, 258  (2) and 263  (2) thereof and Protocol No 24 annexed  thereto, Having regard to the proposal from the Commission, Whereas Protocol No 24 to the Act of  Accession provides for the implementation, as from the date of accession and in accordance with the  objectives of the common agricultural policy, of joint action in the form of a specific programme  for the development of agricultural structures which meets the particular needs and special  situation of Portuguese agriculture; Whereas the objective of the said joint action must be a  substantial improvement both in production and marketing conditions and in the general structural  situation of the agricultural sector; whereas the achievement of this objective will require  special Community efforts in addition to the Community measures taken in the socio-structural  field, over a period of 10 years; Whereas the establishment of an effective advisory service in  agriculture and an improvement in the standard of training of farmers are absolutely essential to  an improvement in the structural situation of Portuguese agriculture; whereas implementation of the  relevant measures also requires an improvement in facilities for agricultural training and  research; Whereas specific measures to improve the efficiency of agricultural structures  complementary to those provided for in Council Regulation (EEC) No 797/85 of 12 March 1985 on  improving the efficiency of agricultural structures  (1) and relating in particular to the  improvement of livestock, including certain animal health protection measures, the production of  seed of a certified quality and the restructuring of olive growing can contribute to a better use  of available agricultural resources; Whereas an improvement of land ownership structures  constitutes a prerequisite for an improvement of agricultural structures; whereas measures to  promote the consolidation of holdings which have been split up and the enlargement of those which  are not currently viable and measures to improve the soil are therefore necessary;Whereas, in the  same context, measures should be taken to correct the imbalance in the age pyramid of the  agricultural population by encouraging elderly farmers to retire; Whereas the improvement of the  water supply situation entailing collective irrigation operations, the establishment of small  irrigation networks and drainage operations is an important prerequisite for the improvement of  agricultural structures; Whereas an improvement of infrastructures which are currently inadequate,  particularly as regards public services such as electricity, drinking water, farm tracks and roads,  is required; Whereas special efforts will have to be made to improve the marketing and processing  of agricultural products; Whereas, owing to the existence of agricultural land affected by erosion,  soil and water conservation measures are of particularly great importance and whereas  afforestation, the improvement of deteriorated woodlands and measures to protect and ensure the  existence of woodlands constitute appropriate methods of protecting agricultural land; Whereas the  planned measures must be implemented in the framework of one or more programmes tailored to the  specific requirements of the various areas of Portugal; Whereas, it is the duty of the Commission,  after seeking the opinion of the Standing Committee on Agricultural Structure, to decide whether to  approve these programmes and to determine the nature and scale of Community involvement therein;  Whereas it follows from the foregoing that the measures referred to above 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  (2), as last amended by Regulation (EEC) No 870/85   (3),HAS ADOPTED THIS REGULATION: TITLE I Definition, adoption and implementation of the programme  Article 11.    With a view to assisting the development of agriculture in the  various regions of Portugal, a common measure within the meaning of Article 6  (1) of Regulation  (EEC) No 729/70, to be implemented by the Portuguese Republic, is hereby introduced in order to  bring about a significant structural improvement in the country's agriculture and in the  agricultural production potential of its various regions, while at the same time ensuring the  permanent conservation of the natural resources of agriculture. 2.    The Community may, in  accordance with Articles 2 to 21, make a contribution towards the common measure by financing, via  the European Agricultural Guidance and Guarantee Fund, Guidance Section, hereinafter referred to as  'the Fund', measures designed in particular to:(a)  develop advisory and vocational training  services and improve facilities for vocational training in agriculture, including  research;(b)improve the efficiency of production structures, including animal health  protection;(c)improve the structural situation with regard to land ownership, in particular by way  of measures to encourage the cessation of farming;(d)bring about physical improvements, e.g. by way  of -  collective irrigation schemes, including the renewal of collective irrigation networks, -the  installation of drainage networks, -the development of infrastructure which has a direct link with  farming;(e)achieve land improvement and changes in the types of production;(f)increase the market  value of agricultural products;(g)permit forestry improvement. Article 21.    The measures  referred to in Article 1 shall be implemented as one or more specific programmes, covering one or  more of those measures and one or more geographical areas, to be specified by the Portuguese  Government or by other authorities designated for that purpose. 2.    The Portuguese Republic shall  keep the Commission informed of progress made in preparing the specific programme or programmes.3.     The Commission shall provide the Portuguese Republic, if the latter so wishes, with the necessary  technical assistance at whatever level is felt to be appropriate. The nature of the aid and the  detailed arrangements for providing it shall be decided jointly by the Portuguese Republic and the  Commission. Such aid may also comprise a contribution from the Fund towards the conduct of the  studies required for the implementation of this common measure. Article 3Depending on the type of  measure to be carried out, the specific programmes referred to in Article 2 shall, in order to  qualify for aid from the Fund under this Regulation, include the following:-  a definition of the  geographical area concerned,-a description of the structural situation of the area and the  socio-economic objectives to be attained,-a description of the measure or measures to be carried  out, taking into account the situation and resources of the area and the changes which they might  undergo and the need to ensure consistency with the regional development programmes defined in  Council Regulation (EEC) No 1787/84 of 19 June 1984 on the European Regional Development Fund   (1),-a description of the aid measures adopted and the conditions applicable to their grant,-the  legislation, regulations and administrative provisions which have been adopted or which have yet to  be adopted in order to implement the measures concerned,-the estimated annual budget cost of the  measures,-the estimated number of hectares and/or agricultural holdings concerned,-a description  and schedule of the works to be carried out,-an assurance that the measures proposed are in keeping  with environmental protection requirements,-any other information which the Commission feels is  required for the purposes of approving the programmes. Article 41.    The Commission shall  scrutinize the specific programmes with a view to determining:-  whether they comply with the  provisions of this Regulation,-which measures are eligible for financial assistance from the  Fund,-the maximum limits or unit levels of expenditure to which aid from the Fund is subject,-the  physical limits applicable in the case of certain measures,-the size of the Fund's contribution. 2.     The Commission shall take a decision on whether to approve the programmes and the particulars  referred to in paragraph 1 in accordance with the procedure laid down in Article 25 of Regulation  (EEC) No 797/85. TITLE II Agricultural advisory and training services and research Article  5Measures to develop agricultural advisory services, as referred to in Article 1 (2) (a), shall  include:(a)  the creation and operation of training centres for agricultural  advisers;(b)specialized training of instructors;(c)training of agricultural advisers, including  supplementary training for advisers already in employment;(c)employment of the advisers. Article  61.    Actual expenditure incurred by the Portuguese Republic in implementing the measures  referred to in Article 5 shall be reimbursed at a maximum rate of 75  %.Actual expenditure incurred  by the Portuguese Republic in implementing agricultural advisory schemes as part of the  pre-accession programme shall, in so far as it does not already qualify for reimbursement under  that programme, and subject to the limits laid down in this Article, be reimbursed by the Fund. 2.     In the case of expenditure incurred in paying newly employed agricultural advisers whose salaries  are paid directly or indirectly by the public authorities, the Community's contribution shall be  paid in respect of six years of employment of an adviser.The amount reimbursed per adviser shall be  reduced in stages by applying the following coefficients: 1,25, 1,15, 1,05, 0,95, 0,85 and 0,75 in  respect of the first, second, third, fourth, fifth and sixth years respectively. Article 71.     The measures designed to develop vocational training in agriculture which are referred to in  Article 1 (2) (a) shall be implemented by reinforcing the application of the measures referred to  in Article 21 of Regulation (EEC) No 797/85, with the exception of the measure provided for in  paragraph 2 (c) of that Article. 2.    The measures referred to in paragraph 1 shall, under this  Regulation, be eligible for a financial contribution of 50  %. Article 81.    The measures  designed to improve the facilities used for vocational training in agriculture which are referred  to in Article 1 (2) (a) shall be implemented by:-  building and equipping training centres aimed in  particular at providing training courses as defined in Article 21 of Regulation (EEC) No  797/85,-building and equipping an agricultural research station and a number of experimental  centres and providing equipment for centres of this type which already exist, the task of which  will be to: -  carry out a detailed and permanent investigation into the problems faced by the  Portuguese agricultural population, -conduct pilot feasibility studies in order to test, perfect,  adapt and obtain information on production methods, -assess the economic effectiveness of the  measures provided for in the programmes referred to in Article 2,-developing and equipping model  farms in order to show farmers what the various production systems, methods and techniques can  actually achieve. 2.    Costs incurred by the Portuguese Republic in implementing the measures  referred to in the first and second indents of paragraph 1 shall be reimbursed by the Fund up to a  maximum of 75  %. Subject to the limit specified above, the Fund's contribution may be in the form  of direct aid in accordance with Article 25. 3.    Expenditure incurred by the Portuguese Republic  in implementing the measure referred to in the third indent of paragraph 1 shall be reimbursed by  the Fund up to a maximum of 50  %. TITLE III Improving the efficiency of agricultural structures  Article 9The measures to improve the efficiency of agricultural structures which are referred to  in Article 1 (2) (b) may include:(a)  specific measures for the development of cattle, sheep and  goat farming, including measures to protect animal health;     (b)specific measures for  restructuring olive growing;(c)specific measures for producing and checking seeds of certified  quality;(d)specific measures for the autonomous region of Madeira. Article 101.    Specific  measures for the development of stockfarming shall include:-  in the case of cattle farming: -   stepping up performance testing of bulls in order to make an initial selection of any bulls whose  characteristics meet the requirements of efficient production, -stepping up progeny testing of  bulls in order to make a final selection of bulls which are felt to be of satisfactory genetic  value and which will improve the quality of cattle production, -aids to encourage the use of  artificial insemination,-in the case of cattle, sheep and goat farming: -aids for the purchase of  male breeding animals of approved quality, provided that the conditions required for their economic  use exist and, in the case of cattle farming, provided that they are of indigenous breeds,  -launching aids granted to livestock health protection groups to help cover their operating costs  during the first five years after they have been formed, including their initial equipment costs,  -the purchase of the equipment required for the operation of regional information and analysis  centres. 2.    Expenditure incurred by the Portuguese Republic in implementing the measures  referred to in paragraph 1 shall be reimbursed by the Fund up to a limit of 75  %.In the case of  the measure referred to in the last indent of paragraph 1 the Fund's contribution may, subject to  the limits specified above, be in the form of direct aid in accordance with Article 25. Article  111.    Specific measures for restructuring olive growing shall include:-  the restructuring,  including renewal, of groves which produce olives for oil production, as a result of which total  production should not exceed the quantities likely to be produced on areas planted with olive trees  actually in production at 1 January 1984,-converting groves which produce olives for oil production  to other orchard or perennial crops. The said measures may include:-a premium per hectare, designed  to contribute towards covering the cost of the necessary work,-a special allowance which will be  reduced in stages and which will be granted to farmers for up to five years to offset losses in  income following the restructuring or replanting of their olive groves. 2.    The expenditure  incurred by the Portuguese Republic in implementing the measures referred to in paragraph 1 shall  be reimbursed by the Fund up to a limit of 50  %. Article 121.    Special measures concerning the  production and checking of quality seeds may include investment aid to assist:-  the setting up and  development of approved undertakings for the production and multiplication of cereal and  fodder-plant seeds of certified quality,-the purchase of seed-testing equipment. 2.    Expenditure  incurred by the Portuguese Republic in implementing the measures referred to in paragraph 1 shall  be reimbursed by the Fund up to a limit of 50  %. Article 131.    Special measures for the  autonomous region of Madeira shall be concerned with a switch from banana crops to the growing of  exotic flowers and subtropical fruit. They shall consist of a premium per hectare, designed to  contribute towards covering the cost of the necessary work. 2.    Expenditure incurred by the  Portuguese Republic in implementing the measures referred to in paragraph 1 shall be reimbursed by  the Fund up to a limit of 50  %. TITLE IV Improvement of the structure of land ownership Article  14Structural improvement measures may include:-  land consolidation,-measures to encourage the  cessation of farming.      Article 151.    The Fund's financial contribution to land  consolidation operations shall cover the financing of projects involving related works, such as  levelling improvement of embankments and ditches, farm roads and other land-improvement works  necessitated by the consolidation. 2.    A contribution shall be made by the Fund only if the land  consolidation scheme:-  reduces the number of parcels in the holdings concerned; as a rule, such  reduction must produce a consolidation ratio of at least 3  :  1,-contributes to a lasting  structural improvement of the agricultural holdings,-obliges the beneficiaries not to split up  their holdings again in future. 3.    Expenditure incurred by the Portuguese Republic in carrying  out the work referred to in paragraph 1 shall be reimbursed by the Fund up to a limit of 75  %.The  Fund's contribution may, subject to the limits specified above, be in the form of a direct grant in  accordance with Article 25. Article 161.    The measure to encourage the cessation of farming  shall include:(a)  the granting of an annuity for up to 10 years to farmers aged between 55 and 65  who practise farming as their main occupation within the meaning of Article 2 (5) of Regulation  (EEC) No 797/85 and who cease work in agriculture, provided the following conditions are met:-   either the area of agricultural land released must be assigned to one or more agricultural holdings  run by farmers practising farming as their main occupation, or-the person installed on the  abandoned holding as a farmer practising farming as his main occupation must be a relative in the  descending line up to and including the third generation, and provided: -  the abandoned holding  has a work requirement of at least one man-work unit (MWU), -the successor is under 40 years of  age, or-all the agricultural land released must be assigned to a land agency with a view to  facilitating its transfer to one or more holdings;(b)the granting of a premium per hectare to  farmers who do not fulfil the requirements specified above but who cease farming, as part of a  consolidation scheme, provided the land is assigned in accordance with the first or third indent of  point (a) of this paragraph. 2.    The expenditure incurred by the Portuguese Republic in  implementing the measure referred to in paragraph 1 shall be reimbursed by the Fund up to a limit  of 75  %. TITLE V Physical improvements Article 171.    The Fund's financial contribution  referred to in the first indent of Article 1 (2) (d) shall be limited to collective irrigation  schemes. 2.    The financial contribution referred to in paragraph 1 shall relate to the financing  of projects which may involve the installation and renewal of collective irrigation networks from  reservoirs and main channels, including associated drainage, the drilling of boreholes and the  creation of reservoirs. 3.    The expenditure incurred by the Portuguese Republic in carrying out  the work referred to in paragraph 2 shall be reimbursed by the Fund up to a limit of 75  %.The  Fund's contribution may, subject to the limits specified above, be in the form of a direct grant in  accordance with Article 25. Article 181.    The Fund's financial contribution referred to in the  second indent of Article 1 (2) (d) shall relate to the financing of projects involving arterial  drainage and field drainage. 2.    The expenditure incurred by the Portuguese Republic in carrying  out arterial drainage and field drainage shall be reimbursed by the fund up to a limit of 75  % and  50  % respectively. Article 191.    The financial contribution to the development of  infrastructure which has a direct link with farming as referred to in the third indent of Article 1  (2) (d) shall relate to the financing of projects which may involve:-  the provision of electricity  and drinking water supplies to farms, villages or parts of villages whose inhabitants are dependent  principally on agriculture,-the construction and improvement of farm roads and local roads which  are used for agriculture and forestry.     2.    Expenditure incurred by the Portuguese Republic in  carrying out the work referred to in paragraph 1 shall be reimbursed by the Fund up to a limit of  75  %.The Fund's contribution may, subject to the limits specified above, be in the form of a  direct grant in accordance with Article 25. TITLE VI Land improvement Article 201.    The  land-improvement measures provided for in Article 1 (2) (e) may include works and schemes such as:-   the preparation of unproductive and marginal land including: -  stone removal and clearing, -   rotary slashing of undergrowth, -  ploughing,-the improvement of meadows, grassland, grazing land  and areas intended for fodder crops, including the improvement of the equipment concerned,-aid for  the purchase of selected seeds for fodder crops,-fencing,-measures, including bench terraces and  collecting ditches, to protect land against erosion and wind,-the building of shelters,-the  construction of small irrigation systems, including small reservoirs and associated drainage, for  one or several holdings covering not more than 400 hectares and not supplied from collective  irrigation works,-aids for the purchase of the necessary machinery for switching production to  fodder crops. 2.    Expenditure incurred by the Portuguese Republic in implementing the measures  referred to in paragraph 1 shall be reimbursed by the Fund up to a limit of 50  %. TITLE VII  Increasing the market value of agricultural products Article 211.    The financial contribution  of the beneficiary, as referred to in Article 17 (2) (a) of 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  (1) as last amended by Regulation (EEC) No 1247/85  (2) shall  be 20  % for projects relating to agricultural products. 2.    The aid granted by the Fund pursuant  to Article 17 (2) (c) of Regulation (EEC) No 355/77 shall, for the purposes of this Regulation be  increased to 60  % for projects relating to agricultural products. TITLE VIII Forestry Article  221.    The Fund's contribution to financing the forestry measures referred to in Article 1 (1)  (g) shall relate to the following types of projects:-  afforestation and improvement of  deteriorated woodlands in order to improve farming conditions in the area concerned by protecting  soil and water resources,-related works, such as earth-moving, the construction of forest roads and  the control of fast-flowing streams,-measures to prevent and fight forest fires,-specific studies  and trials essential to preparing the projects referred to above. 2.    The owners of the land  concerned shall contribute at least 10  % towards the cost of the works referred to in paragraph 1.  However, where it is in the public interest to include such land in a project, and the owner is  unlikely to benefit financially in the foreseeable future from the inclusion of his land, his  contribution may be paid by the public authorities concerned. 3.    The expenditure incurred by the  Portuguese Republic in implementing the measures referred to in paragraph 1 shall be reimbursed by  the Fund up to a limit of 50  %.The Fund's contribution may, subject to the limits specified above,  be in the form of a direct grant in accordance with Article 25. TITLE IX General and financial  provisions Article 231.    The duration of the common measure shall be limited to 10 years with  effect from the date of accession.2.    The estimated cost of the common measure to the Fund  amounts to 700 million ECU. 3.    The provisions of Article 6 (5) of Regulation (EEC) No 729/70  shall apply in respect of this Regulation. Article 241.    Detailed rules concerning  reimbursement by the Fund of the expenditure incurred by the Portuguese Republic shall be adopted  in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70. 2.     Applications for reimbursement shall relate to expenditure incurred by the Portuguese Republic in  the course of a given calendar year and shall be submitted to the Commission before 1 July of the  following year. 3.    The granting of aid from the Fund shall be decided on in accordance with  Article 7 (1) of Regulation (EEC) No 729/70. Article 25In cases where the Fund's contribution is  in the form of a direct grant in respect of a project, 'project' shall be taken to mean a public or  semi-public physical investment project. Article 13 (3) and (5), Article 14, Article 19 (2), (3)  and (5) and Articles 20 to 22 of Regulation (EEC) No 355/77 shall apply mutatis mutandis. Article  261.    Payments on account may, in the light of the arrangements for payment adopted by the  Portuguese Republic, and depending on the stage reached in the implementation of the programme, be  granted by the Fund. 2.    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  27This Regulation shall enter into force on 1 January 1986, subject to the entry into force of the  Treaty of Accession of Spain and Portugal. This Regulation shall be binding in  its entirety and directly applicable in all Member States. Done at Brussels, 20 December 1985. For  the Council The President R. STEICHEN                                                  (1)  OJ No L 93, 30. 3. 1985, p. 1. (2)  OJ No L 94, 28. 4. 1970, p. 13. (3)  OJ No L 95, 2. 4. 1985, p. 1. (1)  OJ No L 169, 28. 6. 1984, p. 1. (1)  OJ No L 51, 23. 3. 1977, p. 1. (2)  OJ No L 130, 16. 5. 1985, p. 1.