Council Regulation (EEC) No 3827/85 of 20 December 1985 adapting on account of the accession of Portugal and Spain, Regulations (EEC) No 797/85, (EEC) No 355/77, (EEC) No 1360/78 and (EEC) No 458/80 on agricultural structures
Date: 1985-12-20
Institutions: Council of the European Union
Subjects: EAGGF Guidance Section, Portugal, Spain, State aid, agricultural structure, less-favoured agricultural area













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31985R3827

Council Regulation (EEC) No 3827/85 of 20 December 1985 adapting on account of the accession of Portugal and Spain, Regulations (EEC) No 797/85, (EEC) No 355/77, (EEC) No 1360/78 and (EEC) No 458/80 on agricultural structures  


Official Journal L 372 , 31/12/1985 P. 0001 - 0004 Finnish special edition: Chapter 3 Volume 20 P. 0065  Spanish special edition: Chapter 03 Volume 40 P. 0093  Swedish special edition: Chapter 3 Volume 20 P. 0065  Portuguese special edition Chapter 03 Volume 40 P. 0093  





COUNCIL REGULATION (EEC) No 3827/85 of 20  December 1985 adapting on account of the accession of Portugal and Spain, Regulations (EEC) No  797/85, (EEC) No 355/77, (EEC) No 1360/78 and (EEC) No 458/80 on agricultural structures THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Act of Accession of Spain and  Portugal and in particular Articles 253, 258 (2), 263 (2) and 396 (2) thereof, Having regard to the  proposal from the Commission, Whereas Articles 253 and 263 of the Act of Accession provide for the  application, from the date of accession, of Community rules in the socio-structural field including  those relating to producers' associations, of the most favourable specific provisions existing at  the date, in horizontal Community rules, to the least-favoured areas of the Community; whereas the  said provisions should therefore be extended to the advantage of Portugal; Whereas the Joint  Declaration on the application in Spain of Community socio-structural measures in the wine sector  and provisions enabling the origin to be determined and the commercial movements of Spanish wines  to be followed requires that Council Regulation (EEC) No 458/80 of 18 February 1980 on collective  projects for the restructuring of vineyards  (1) as last amended by Regulation (EEC) No 1598/83   (2), should be applied to Spain under the same conditions as those laid down for the present Member  States and, accordingly, that the estimated cost appearing in Article 9 of that Regulation should  be adjusted; whereas, moreover, in order to make the latter Regulation applicable in Spain the  areas which are specified in Article 8 (1) thereof should be adjusted; Whereas certain transitional  provisions are required in order to ensure that the Community's rules in the socio-structural field  are applied from the date of accession and in order to fix the deadline by which the Kingdom of  Spain and the Portuguese Republic must comply with those rules;Whereas in order to apply the said  rules in Spain and Portugal the estimated cost which at present appears therein should be adjusted;  Whereas pursuant to Article 2 (3) of the Treaty of Accession of Spain and Portugal, the  institutions of the Community may adopt, before accession, the measures referred to in Articles  253, 258, 263 and 396 of the Act of Accession, subject to and on the date of entry into force of  that Treaty, HAS ADOPTED THIS REGULATION:Article 1Council Regulation (EEC) No  797/85 of 12 March 1985 on improving the efficiency of agricultural structures  (3) is hereby  amended as follows:1.  The second subparagraph of Article 2 (1) (d) shall be replaced by the  following:However, in the less-favoured areas determined in accordance with Articles 2 and 3 of  Directive 75/268/EEC, the Hellenic Republic, the Italian Republic, as regards the Mezzogiorno,  including the islands, and the whole territory of the Portuguese Republic shall be authorized to  accept plans for improving holdings submitted during the first three years of duration of this  common measure and, in the case of the Portuguese Republic, submitted during the first three years  following the entry into force of the provisions implementing the measures provided for in Title I  in Portugal, 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 the  projected investments do not exceed 25  000 ECU. 2.The following sentence shall be added to the  last subparagraph of Article 4 (2):'In the case of Portugal the period referred to above shall  begin on the date of entry into force of the provisions implementing the measures specified in  Title I in Portugal.'3.The last subparagraph of Article 14 (1) shall be replaced by the  following:'However, in the Mezzogiorno, including the islands, in the French overseas departments  and in the Greek and Portuguese regions, the minimum usable agricultural area per holding shall be  two hectares.' 4.In Article 23 (3), '1  988 million ECU' shall be replaced by '2  242 million ECU'.  5.The first subparagraph of Article 26 (2) shall be replaced by the following:'2.    The Fund shall  reimburse 25  % of the eligible expenditure on the measures provided for in Articles 3 to 7 and 13  to 17 and 20 to Member States. The rate shall be increased to: -  50  % for the investment aids  referred to in Articles 3 and 4 in the less-favoured areas of the West of Ireland, Greece and  Mezzogiorno region of Italy, including the islands, and in the whole territory of Portugal, -50  %  in the case of the special aids provided for in Article 7 for farmers under 40 years of age, -50  %  in the case of the compensatory allowance provided for in Article 14 and concerning Greece,  Ireland, Italy, Portugal and the French overseas departments, -50  % in the case of the aids  referred to in Article 17 and concerning the French overseas departments, Greek, Italian and  Portuguese regions within the meaning of Article 13  (1).' 6.Article 32 shall be replaced by the  following:'Article 321.    Member States shall, within six months of the date of its entry into  force and, in the case of the Kingdom of Spain and the Portuguese Republic, within a period of two  years from the date of their accession, bring into force the measures necessary to comply with this  Regulation.At the same time, they shall provide effective means of control over those elements  which are used to calculate the aid eligible under the Fund.2.    However, the prohibitions and  restrictions laid down in Articles 3 and 8 (4) shall apply to applications made after the entry  into force of this Regulation and, in the case of the Kingdom of Spain and the Portuguese Republic  from the date of the implementation of Title I but not later than six months after accession.'  Article 2Council 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), is hereby amended as follows: 1.  Article 12 (1) shall  be replaced by the following:'By way of derogation from Article 10 (a), until 31 December 1980 and  until 31 December 1981 in the case of Greece and, for Portugal and Spain, until 31 December 1986 in  the case of fishery products and until 31 December 1987 in the case of agricultural products,  projects relating to sectors and geographical areas for which programmes have not yet been approved  may receive aid from the Fund.' 2.Article 13 (2) shall be supplemented by the following:'However,  in the case of Portugal and Spain, the Commission shall take decisions during the first half of  1986 on applications for aid submitted by those Member States by 1 February 1986.' 3.Article 17  shall be replaced by the following:'Article 171.    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-Rhône, Var, Ardèche and Drôme, -25  % in the case of projects  carried out in the Mezzogiorno, the less-favoured areas of the West of Ireland, in all regions of  the Hellenic Republic, with the exception of Greater Athens, in Portugal, and in the French  overseas departments.Moreover the Commission may, if this is justified by the situation on the  currency market in one of the Member States, 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 State on the territory of which 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 the Hellenic Republic, with the exception of Greater Athens, in  Portugal, and in the French overseas departments, -35  % for projects carried out in  Languedoc-Roussillon, in the departments of Vaucluse, Bouches-du-Rhône, Var, Ardèche and Drôme, -25   % in all 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 in accordance with the  following:(a)the financial contribution of the beneficiary must be not less than 80  % and, in the  case of Greece, Italy, Ireland and Portugal, for projects submitted prior to 31 December 1986, must  be not less than 70  %.However, the percentage applicable 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, and in all regions of the  Hellenic Republic, with the exception of Greater Athens, and in Portugal, -70  % in the case of  projects carried out in the French overseas departments, in Languedoc-Roussillon and in the  departments of Vaucluse, Bouches-du-Rhône, Var, Ardèche and Drôme;(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 the Hellenic Republic, with the exception of Greater Athens, and in  Portugal, -20  % in the case of projects carried out in the French overseas departments, in  Languedoc-Roussillon and in the departments of Vaucluse, Bouches-du-Rhône, Var, Ardèche and Drôme,  -10  % in the case of other regions and 20  % in the case of projects submitted before 31 December  1986 in the other regions of Greece, Ireland and Italy.' 4.In the last subparagraph of Article 16  (3), '1  343 million ECU' shall be replaced by '1  642 million ECU'. Article 3Council Regulation  (EEC) No 1360/78 of 19 June 1978 on producer groups and associations thereof  (1), as last amended  by Regulation (EEC) No 2086/81  (2), is hereby amended as follows: 1.  Article 2 shall be  supplemented by the following indent:'-  the whole of Portugal.' 2.In Article 3 (1) the  introductory phrase shall be replaced by the following:'1.    In the case of Italy, Greece and  Portugal, 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 (2), the first sub-indent shall  be replaced by the following:'-  in existence for more than three years on the date of entry into  force of this Regulation and, in the case of Greece and Portugal, on the day of accession,'. 4.In  Article 19 the following shall be added to the second indent:'and in the case of Portugal before 31  March 1987.' Article 4Regulation (EEC) No 458/80 shall be amended as follows: 1.  In the first  subparagraph of Article 8 (1), '240  600 hectares' and '45  800 hectares' shall be replaced by '274   600 hectares' and '53  000 hectares' respectively. 2.The second subparagraph of Article 8 (1)  shall be supplemented by the following:'Spain  7  200 hectares'. 3.In Article 9 (2), '188,9 million  ECU' shall be replaced by '215,4 million ECU'. Article 5This 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 57, 29. 2. 1980,  p. 27. (2)  OJ No L 163, 22. 6. 1983, p. 53. (3)  OJ No L 93, 30. 3. 1985, p. 1. (1)  OJ No L 51, 23. 2. 1977, p. 1. (2)  OJ No L 130, 16. 5. 1985, p. 1. (1)  OJ No L 166, 23. 6. 1978, p. 1. (2)  OJ No L 310, 30. 10. 1981, p. 3.