Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops
Date: 1996-07-30
Institutions: European Commission
Subjects: aid per hectare, durum wheat, regional aid, set-aside, utilised agricultural area













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51996PC0361

Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops  /* COM/96/0361 FINAL - CNS 96/0221 */  


Official Journal C 301 , 11/10/1996 P. 0009 





Proposal for a Council Regulation (EC) amending Regulation (EEC) No  1765/92 establishing a support system for producers of certain arable crops (96/C  301/05) COM(96)  361 final - 96/0167(CNS)(Submitted by the Commission on 2 August 1996) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 42 and  43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Whereas Council Regulation (EEC) No 1765/92  (1), provides for the grant to producers of durum  wheat in traditional production zones of a supplement to the compensatory payment referred to in  Title I of that Regulation in order to offset the extra loss of income to the producers in question  by comparison with producers of other cereals arising from the fixing of a single price for all  cereals; whereas the supplement is restricted to areas under durum wheat in the traditional zones; Whereas the process of determining the number of hectares eligible for the supplement to the  compensatory payment granted to individual durum wheat producers in traditional production zones  has made it necessary to establish a national register of such producers; whereas the introduction  of such a register makes it difficult to adjust the structure of durum wheat production to the  market situation; whereas the special scheme for durum wheat production aid should therefore be  adjusted; Whereas a means should be found to ensure that the adjustment produces a durum wheat production  level which is sufficient to supply user industries while keeping budgetary expenditure in check;  whereas that objective can be achieved by introducing, for each Member State concerned, a maximum  area of durum wheat eligible for the special aid covering all the zones eligible for the supplement  to the compensatory payment, as referred to in Annexes II and III to Regulation (EEC) No 1765/92;  whereas that maximum area should be fixed on the basis of the largest area which received the  supplement to the compensatory payment since its introduction in order to correspond best to  production in the Member States concerned; whereas, in the case of Spain, the maximum guaranteed  surface area was fixed at 570  000 hectares by Council Regulation (EC) No 3116/94  (2), i.e. at a  level that corresponds best to production in that Member State; whereas, in the case of Portugal,  the maximum guaranteed surface area was fixed at 35  000 hectares by Regulation (EC) No 3116/94 in  order to reflect best the production potential in that Member State in view of the existence of a  special degressive aid granted to producers of common wheat by Regulation (EEC) No 3653/90  (3);  whereas in the case of Italy, in view of the size of the area concerned, account should be taken of  the land traditionally under durum wheat that was taken out of cultivation during the reference  period under five-year set-aside arrangements in accordance with Regulation (EEC) No 2328/91  (4);  whereas any overshoot of these areas must lead to an adjustment in the applications submitted with  a view to the grant of the special production aid for durum wheat; Whereas Annexes II and III to Regulation (EEC) No 1765/92 should be combined in a single Annex for  the sake of clarity; Whereas it is necessary to ensure that the areas in receipt of special aid for durum wheat produce  wheat which satisfies the demands of user industries; whereas this may be achieved by requiring  that certified seed be used; Whereas Regulation (EEC) No 1765/92 should therefore be amended, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 1765/92 is hereby amended as follows: 1. In Article 4, paragraphs 3, 4 and 5 are replaced by the following: '3.  A supplement to the compensatory payment of ECU 358,6 per hectare shall be paid for the area  under durum wheat in the traditional production zones listed in Annex II, subject to the limits  fixed in Annex III. In the event that the total of the areas for which a supplement to the compensatory payment is  claimed is greater than the limit referred to in this paragraph during the course of a marketing  year, the area per producer for which the supplement may be paid shall be reduced proportionately. However, the Member States may distribute the areas indicated above among the production zones as  defined in Annex II, or, if necessary, the production regions referred to in Article 3, according  to the extent of the production of durum wheat during the period 1993 to 1995. Where this is done,  in the event that the total of the areas within a region for which a supplement to the compensatory  payment is requested is greater than the corresponding regional limit during the course of a  marketing year, the area per producer for which the supplement may be paid shall be reduced  proportionately. 4.  In France, in those departments where the production of durum wheat is well established, other  than those referred to in Annex II, aid amounting to ECU 138,9 per hectare shall be introduced up  to a limit of 50  000 hectares. In Austria, the aid referred to in the first subparagraph shall be granted up to a limit of 5  000  hectares in the regions where the production of durum wheat is well established.` 2. In Article 12, the fifth indent is replaced by the following: '- those determining, for durum wheat, the eligibility requirements for the supplement to the  compensatory payment referred to in Article 4  (3) and the eligibility requirements for the aid  referred to in Article 4  (4), and in particular determination of the regions to be taken into  consideration and the measures to be taken in the event that the limit fixed for the payment of the  aid is exceeded; those rules shall stipulate that the grant of the supplement provided for in  Articles 4  (3) and (4) be subject to the obligation to use certified seed.` 3. In Annex II: a) Under 'Italy`, Umbria is added to the list of regions. b) Under 'France`, the region Midi-Pyrénées and the departments Ardèche and Drôme are added at the  end of the list of regions. 4. Annex III is replaced by the Annex hereto. Article 2 This Regulation shall enter into force on the seventh day following that of its  publication in the Official Journal of the European Communities. It shall apply from the 1997/1998 crop year. This Regulation shall be binding in its entirety and directly applicable in all  Member States.(1) OJ No L 181, 1. 7. 1992, p. 12. Regulation as last amended by  Regulation (EC) No 2989/95 (OJ No L 312, 23. 12. 1995, p. 5).  (2) OJ No L 330, 21. 12. 1994, p. 1.  (3) OJ No L 362, 27. 12. 1990, p. 28.  (4) OJ No L 218, 6. 8. 1991, p. 1. Regulation as last amended by Regulation (EC) No 2387/95 (OJ No  L 244, 12. 10. 1995, p. 50). ANNEX 'ANNEX III >TABLE> `