Commission Regulation (EC) No 760/98 of 3 April 1998 amending Regulation (EC) No 658/96 on certain conditions for granting compensatory payments under the support system for producers of certain arable crops
Date: 1998-04-03
Institutions: European Commission
Subjects: EU aid, aid per hectare, aid system, aid to agriculture, area of holding, cereals

L 105/8

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Official Journal of the European Communities

4. 4. 98

COMMISSION REGULATION (EC) No 760/98

of 3 April 1998

amending Regulation (EC) No 658/96 on certain conditions for granting
compensatory payments under the support system for producers of certain
arable crops

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1765/92
of 30 June 1992 establishing a support system for produ-
cers of certain arable crops (1), as last amended by Regula-
tion (EC) No 2309/97 (2), and in particular Articles 11(1)
and 12 thereof,

for

Whereas Regulation (EEC) No 1765/92 abolished the
arrangements based on the register of individual rights for
durum wheat and provided for the supplement to the
cereals compensatory payment referred to in Title I of
that Regulation to be paid to producers of durum wheat
in the traditional production zones within the limit of a
maximum guaranteed area
each Member State
concerned; whereas that maximum area may be distri-
buted among production regions; whereas a de minimis
rule on the size of production regions should be intro-
duced to prevent the fragmentation of production regions
and comply with the principle of proportionality in the
application of any penalties
incurred for overshoots;
whereas the maximum area was fixed for Italy taking
account of the areas subject to five-year set aside; whereas
these areas should also be taken into account when deter-
mining any breakdown of the maximum area;

Whereas the method for calculating any overshoots of the
maximum area and a date for communication of such
overshoots should be specified; whereas, because of the
change in the system, for the first two marketing years for
which the new arrangements apply the deadline for noti-
fying the definitive percentage overshoot to the Commis-
sion should be postponed;

Whereas new areas have been allocated to certain Member
States in non-traditional zones; whereas,
the
regions in those Member States in which such areas may
be located should be defined, as should the method for
calculating overshoots;

therefore,

in order to avoid supply difficulties and disturbances on
the market in certified seed, a minimum quantity should
be fixed, as well as a transitional period for attaining that
quantity; whereas, in compliance with the principle of
subsidiarity,
in view of agronomic diversity in the
Member States and regions within the Member States, the
Member States concerned should be left
to fix the
minimum quantity and adopt any transitional measures
needed;

Whereas Commission Regulation (EC) No 658/96 (3), as
last amended by Regulation (EC) No 1779/97 (4), fixes, for
the purposes of Article 4(3) and (4) of Regulation (EEC)
No 1765/92, certain conditions for entitlement to the
supplement to the compensatory payment and the special
aid for durum wheat;

Whereas Regulation (EC) No 658/96 restricts eligibility
for compensatory payments in respect of rape seed to
producers who have sown certain varieties and qualities of
seed; whereas the moisture content of seeds should be
specified for the test to measure the glucosinolate content;

Whereas producers can now obtain new varieties of rape
seed which meet the eligibility criteria; whereas such vari-
eties should be included in the list;

Whereas Article 10(2) of Regulation (EEC) No 1765/92
requires producers of cereals, oil seed and protein crops to
have sown their crops by 15 May at the latest; whereas it
is necessary to establish a later sowing date for oil seeds;
whereas in certain cases the sowing of crops may be
delayed beyond 15 May by climatic conditions; whereas it
is appropriate to defer the latest sowing date for certain
crops in certain areas;

Whereas Regulation (EC) No 658/96 lays down a list of
those regions; whereas experience has shown that, in the
case of France, it is necessary to modify that list;

Whereas Regulation (EC) No 658/96 should therefore be
amended accordingly;

Whereas Regulation (EEC) No 1765/92 provides that
certified seed must be used; whereas specific measures
should be taken to ensure that such seed is used; whereas,

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Joint Management
Committee for Cereals, Oils and Fats and Dried Fodder,

(1) OJ L 181, 1. 7. 1992, p. 12.
(2) OJ L 321, 22. 11. 1997, p. 3.

(3) OJ L 91, 12. 4. 1996, p. 46.
(4) OJ L 252, 16. 9. 1997, p. 18.

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HAS ADOPTED THIS REGULATION:

September of the marketing year preceding that for
which the compensatory payment is applied for.

Article 1

Regulation (EC) No 658/96 is hereby amended as follows:

1. Article 4 is amended as follows:

(a) paragraph 2 is replaced by the following:

shall put

‘2. Member States
into practice a
quality policy for rape seed and colza seed by
restricting access to the compensatory payments to
double zero (00) varieties of rape seed and colza
seed. Double zero varieties are those varieties
demonstrated to produce
a
maximum glucosinolate content of 25 lmol/gram
for a moisture content of 9 %, determined in
accordance with EN ISO 9167-1: 1995, and an
erucic acid content of not more than 2 % of total
fatty acid content, as determined in accordance
with EN ISO 5508: 1995.’;

seed which has

(b) paragraph 3(b) is replaced by the following:

‘(b) seed being the product of the harvest obtained
from the planting of certified seed of a variety
listed in Annex II on the same holding, which
is shown, by analysis of a representative sample
taken by an appointed agent of the competent
national authority,
to have a glucosinolate
content no greater than 18,0 lmol/gram for a
moisture content of 9 %;’

2. Article 6 is replaced by the following:

‘Article 6

1.
For the purposes of Article 4(3) of Regulation
(EEC) No 1765/92, producers in the regions referred to
in Annex II to that Regulation shall
receive the
supplement to the compensatory payment for no more
than the number of hectares referred to in Annex III
to that Regulation.

This supplement shall be granted, in Austria, for the
zones in Pannonia listed in Annex Va.

2. Where the maximum guaranteed area is distri-
buted among the production regions as specified in the
third subparagraph of Article 4(3) of Regulation (EEC)
No 1765/92:

(a) if the area of a production region is less than 500
ha,
the Member States concerned may join the
region in question to an adjacent production
region;

(b) Italy may take account of the areas traditionally
sown to durum wheat subject to the five-year set-
aside scheme during 1993 to 1997;

firstly, of

take account,

3.
To determine whether the maximum guaranteed
area has been exceeded, the competent authority of the
Member State shall
the
maximum guaranteed area fixed in Annex III to Regu-
lation (EEC) No 1765/92, distributed among regions
where applicable, and, secondly, of the sum of areas for
which the supplement to the compensatory payment
for durum wheat has been applied for, as adjusted in
accordance with Article 1(2) of Commission Regulation
(EEC) No 2836/93 (*). The areas eligible for the supple-
ment shall be reduced proportionately after application
of the first indent of Article 2(6) of Regulation (EEC)
No 1765/92.

If an overshoot is noted, the Member State shall im-
mediately inform the Commission, not later than 30
September, of the percentage of the overshoot and,
where applicable, its distribution among the produc-
tion regions.

For the 1999/2000 and 2000/01 marketing years and
by way of derogation from the second subparagraph,
the Member State shall inform the Commission not
later than 30 September of
the forecast percentage
overshoot and, where applicable, its distribution among
the production regions
than 31
December of the definitive percentage overshoot and,
where applicable, its distribution among the produc-
tion regions.

and not

later

4.
The special aid referred to in Article 4(4) of Regu-
lation (EEC) No 1765/92 shall be granted, in the zones
referred to in Annex VI to this Regulation, within the
limit of the number of hectares indicated in Annex
IIIa to Regulation (EEC) No 1765/92, in respect of all
parcels eligible for
for
arable crops referred to in Article 2 of Regulation
(EEC) No 1765/92 sown to durum wheat and situated
in one of the zones in question.

the compensatory payment

If the sum of the areas under durum wheat for which
applications have been submitted for special aid, as
adjusted in accordance with Article 1(2) of Regulation
(EEC) No 2836/93, exceeds the limits referred to in the
first subparagraph, the areas eligible for the special aid
shall be reduced proportionally after application of the
first indent of Article 2(6) of Regulation (EEC) No
1765/92. The Member State shall immediately inform
the Commission, not later than 30 September, of the
percentage of the overshoot.

For the 1999/2000 and 2000/01 marketing years and
by way of derogation from the second subparagraph,
the Member State shall inform the Commission before
30 September of the forecast percentage overshoot and
not
the definitive per-
centage overshoot.

later than 31 December of

(c) the Member States concerned shall inform produ-
cers and the Commission of the distribution of the
than 30
maximum guaranteed area not

later

5.
For the purpose of granting the aid for durum
wheat referred to in paragraphs 1 and 4, the ‘area’ aid
application referred to in Article 4 of Commission

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Official Journal of the European Communities

4. 4. 98

Regulation (EEC) No 3887/92 (**) must give all the
particulars needed to identify the plots sown to durum
wheat and be accompanied by proof that certified seed
has been used.

The application for aid for durum wheat shall be
subject to:
(a) an application for a compensatory payment for the
same number of hectares under durum wheat;
(b) use of seed certified in accordance with Council

Directive 66/402/EEC (***).

The varieties not eligible for production aid for durum
wheat for the 1992/93 marketing year shall not be
eligible pursuant to this Article.

6. Member States shall fix the minimum quantity of
certified seed to be used in accordance with current
agronomic practice in the Member State concerned.

If specific measures are needed to facilitate introduc-
tion of this obligation, the Member States may provide
for a transitional period of not more than three years
for attainment of this quantity.

They shall inform the Commission by 30 June 1998 at
the latest of any measures taken, particularly those
involving the minimum quantity and the proof that
certified seed has been used.

The supplement and the special aid for durum
7.
wheat shall be paid at the same time as the compens-
atory payment.

(*) OJ L 260, 19. 10. 1993, p. 3.
(**) OJ L 391, 31. 12. 1992, p. 36.
(***) OJ 125, 11. 7. 1966, p. 2309/66.’;

3. Annex II is amended as follows:

(a) the following varieties are added to the list:

‘Adder, Adelie, Alba, Alexis, Angus, Basun,
Belmondo, Booster, Boston, Britta, Buffalo,
Campus, Canary, Captain, Cleo, Cocoon, Colibri,

Colonel, Colosse, Colyse, Comando, Comet,
Complex, Concept, Corlee, Corona, Coronet,
Corsair, Cosmic, CSH 09, CSH 17, CSH 18, Diego,
Eden, Eliot, Elite, Embleme, Enrico, Epik, Erik,
Evora, Fimbul, Focus, Folck, Kanela, Kutiba, H3,
H4, Harp,
ISH 95-11, Laser,
Impulse,
Leopard, Liratun, Lisabeth, Lorbas, Lucia, Madrigal,
Mammut, Maximus, Maximus VA 75, Mocco,
Mondea, Morgan, Mustang, Orient, Partner, Pirate,
Pluto, Poseidon, Praska, Quantum, Rock, RPC 550,
Sandra, Savoy, Savoy VA 75, SH 5005/94, Skye, SPE
520, Superior, Teco, Terra, Troika, Zebra, Zenith.’;

Ibrix,

(b) the variety ‘Maplus’ is deleted from the list;

4. the title of Annex Va is replaced by the following:

‘Zones referred to in Article 6(1), second subpara-
graph’;

5. Annex VI is replaced by the Annex to this Regulation;

6. in Annex IX, the region ‘Franche-Comt(cid:130)’ is added to
the list of French regions within which the latest
sowing date for maize is 31 May.

Article 2

The 1998/99 marketing year shall be the last in which the
variety ‘Maplus’
shall be eligible for compensatory
payments.

Article 3

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

Points 2, 3(b) and 5 of Article 1 shall apply from the
1999/2000 marketing year.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 3 April 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

‘ANNEX VI

ZONES ELIGIBLE FOR THE SPECIAL AID FOR DURUM WHEAT

GERMANY

Kreise

Baden-W(cid:129)rttemberg:
Stadt Stuttgart, Ludwigsburg, Rems-Murr-Kreis, Stadt Heilbronn, Heilbronn, Hohenlohekreis, Main-Tauber-
Kreis, Stadt Karlsruhe, Karlsruhe, Stadt Baden-Baden, Rastatt, Stadt Heidelberg, Stadt Mannheim, Rhein-
Neckar-Kreis, Stadt Pforzheim, Enzkreis, Ortenaukreis

Bayern:
Stadt Ingolstadt, Dachau, Eichst(cid:132)tt, Freising, F(cid:129)rstenfeldbr(cid:129)ck, Neuburg-Schrobenhausen, Pfaffenhofen
a.d.Ilm, Kelheim, Stadt Ansbach, Neustadt-Bad Winsheim, Stadt Aschaffenburg, Aschaffenburg, Bad
Kissingen, Rh(cid:148)n-Grabfeld, Haßberge, Kitzingen, Main-Spessart, Stadt Schweinfurt, Schweinfurt, Stadt
W(cid:129)rzburg, W(cid:129)rzburg

Rheinland-Pfalz:
Ahrweiler, Stadt Koblenz, Mayen-Koblenz, Bad Kreuznach, Rhein-Lahn-Kreis, Westerwald-Kreis, Bern-
kastel-Wittlich, Bitburg-Pr(cid:129)m, Daun, Trier-Saarburg, Stadt Trier, Stadt Frankenthal, Landau i.d.P., Ludwigs-
hafen, Mainz, Neustadt/Weinstr., Speyer, Worms, Alzey-Worms, Bad D(cid:129)rkheim, Donnersbergkreis, Germers-
heim, S(cid:129)dl. Weinstraße, Ludwigshafen, Mainz-Bingen

Hessen:

Stadt Frankfurt/Main, Wiesbaden, Bergstraße, Stadt Darmstadt, Darmstadt-Dieburg, Groß-Gerau, Hoch-
taunuskreis, Main-Kinzig-Kreis, Main-Taunus-Kreis, Stadt Offenbach, Offenbach, Rheingau-Taunus-Kreis,
Wetteraukreis, Lahn-Dill-Kreis, Limburg-Weilburg

Saarland:

Stadt Saarbr(cid:129)cken, Merzig-Wadern, Neunkirchen, Saarlouis, Sankt Wendel

Sachsen:

Mittweida, Muldentalkreis

Sachsen-Anhalt:

Bernburg, K(cid:148)then, Burgenlandkreis, Mansfelder Land, Merseburg-Querfurt, Saalkreis, Sangerhausen, Aschers-
leben-Straßfurt, Halberstadt, Jerichower Land, Quedlinburg, Sch(cid:148)nebeck

Th(cid:129)ringen:

Unstrut-Hainich-Kreis, Kyffh(cid:132)userkreis, Gotha, S(cid:148)mmerda, Hildburghausen, Stadt Weimar, Weimarer Land,
Altenburger Land, Stadt Erfurt

SPAIN

Comarcas Agr(cid:146)colas

Almaz ´an (SO), Bajo Arag(cid:155)n (TE), Campi ˜na (GU), Campo de G(cid:155)mara (SO), Centro (AB), El Cerrato (P), Hoya
de Huesca (HU), La Monta ˜na (A), Las Vegas (M), Logros ´an (CC), Monegros (HU), Noroeste (MU), Requena-
Utiel (V), Rioja Baja (LO), Segr(cid:146)a (L), Sierra Rioja Baja (LO), Sur (VA), Suroeste y Valle de Guadalent(cid:146)n (MU),
Trujillo (CC), Urgel (L), Valle de Ayora (V)

FRANCE

D(cid:130)partements

Aisne, Aube, Charente, Charente-Maritime, Cher, Deux-S(cid:138)vres, Essonne, Eure, Eure-et-Loir, Indre, Indre-et-
Loire, Loir-et-Cher, Loiret, Lot-et-Garonne, Maine-et-Loire, Marne, Ni(cid:138)vre, Orne, Sarthe, Seine-et-Marne,
Vend(cid:130)e, Vienne, Yonne, Yvelines

ITALY

Province

Alessandria, Bologna, Brescia, Cremona, Ferrara, Forl(cid:141), Gorizia, Mantova, Milano, Modena, Padova, Parma,
Pavia, Piacenza, Pordenone, Ravenna, Reggio Emilia, Rimini, Rovigo, Torino, Treviso, Udine, Venezia,
Vercelli, Verona, Vicenza

UNITED KINGDOM

England’