Commission Regulation (EC) No 1127/98 of 29 May 1998 amending Regulation (EC) No 613/97 laying down rules for the application of Council Regulation (EC) No 3072/95 as regards the conditions for granting compensatory payments under the aid scheme for rice producers
Date: 1998-05-29
Institutions: European Commission
Subjects: aid system, aid to agriculture, producer organisation, rice, terms for aid, utilised agricultural area

L 157/86

‹

EN

‹

Official Journal of the European Communities

30. 5. 98

COMMISSION REGULATION (EC) No 1127/98

of 29 May 1998

amending Regulation (EC) No 613/97 laying down rules for the application of
Council Regulation (EC) No 3072/95 as regards the conditions for granting
compensatory payments under the aid scheme for rice producers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3072/95 of
22 December 1995 on the common organisation of the
market in rice (1), as amended by Regulation (EC) No
192/98 (2), and in particular Articles 8(d), 21 and 25(5)
thereof,

Whereas, pursuant to Article 1 of Regulation (EC) No
3072/95, the compensatory payment system also applies
to rice intended for sowing that qualifies for seed produc-
to Council Regulation (EC) No
tion aid pursuant
2358/71 (3), as
last amended by Regulation (EC) No
192/98; whereas Article 2 of Commission Regulation (EC)
No 613/97 (4), as amended by Regulation (EC) No
1305/97 (5), should accordingly be amended;

Whereas Regulation (EC) No 613/97 stipulates that, to
qualify for the compensatory payment, sowing must have
finished before certain dates; whereas these dates have
been fixed for the 1997/98 marketing year; whereas these
dates should be maintained for subsequent marketing
years without limiting the length of application, given
that they take into account weather factors and corres-
pond to the sowing calendar practised in the various
production regions in the Community;

Whereas the provisions on the integrated administration
and control system for certain Community aid schemes as
laid down by Council Regulation (EC) No 3508/92 (6), as
last amended by Regulation (EC) No 820/97 (7), and
Commission Regulation (EEC) No 3887/92 (8), as last
amended by Regulation (EC) No 2015/95 (9), do not
contain specific rules on the final date for submitting
the rice sector; whereas
surface aid applications
for
the abovementioned date
pending their amendment,

(1) OJ L 329, 30. 12. 1995, p. 18.
(2) OJ L 20, 27. 1. 1998, p. 16.
(3) OJ L 246, 5. 11. 1971, p. 1.
(4) OJ L 94, 9. 4. 1997, p. 1.
(5) OJ L 177, 5. 7. 1997, p. 11.
(6) OJ L 355, 5. 12. 1992, p. 1.
(7) OJ L 117, 7. 5. 1997, p. 1.
(8) OJ L 391, 31. 12. 1992, p. 36.
(9) OJ L 197, 22. 8. 1995, p. 2.

should be established on a transitory basis to manage the
compensatory payment system;

Whereas, pursuant to Article 6(5) of Regulation (EC) No
3072/95, as amended, the producer Member States deter-
mine the reduction to be applied to the compensatory
payment where the base area or areas laid down for their
territory is exceeded; whereas Article 6 of Regulation (EC)
No 613/97 should therefore be amended as a result and,
to ensure uniform application of the system, the methods
for calculting surface aid applications and for establishing
the rates of overrun of base areas should be specified;
whereas provision should lastly be made for the adminis-
trative notifications needed to ensure satisfactory monit-
oring of the system as applied;

Whereas the measures provided for in this Regulation
must take effect immediately to allow management of the
compensatory payment system in the 1998/99 marketing
year;

Whereas the Management Committee for Cereals has not
delivered its opinion within the time limit laid down by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 613/97 is hereby amended as follows:

1. the first subparagraph of Article 2 is replaced by the

following:

‘Any given cultivated parcel shall not be the subject of
more than one application for compensatory payment
pursuant to Regulation (EC) No 3072/95, and shall not
be the subject of any other aid application, with the
exception, however, of seed production aid pursuant to
Council Regulation (EC) No 2358/71 (*).

(*) OJ L 246, 5.11.1971, p. 1.’;

2. Article 4 is replaced by the following:

‘Article 4

To qualify for the payment, the area must be
1.
sown by 31 May preceding the harvest in question at
the latest, except in Spain and Portugal where the final
date shall be 30 June.

30. 5. 98

‹

EN

‹

Official Journal of the European Communities

L 157/87

In French Guiana, the areas must be sown for each of
the two sowing cycles, no later than 31 December and
30 June preceding the harvests in question. France
shall undertake a thorough check of the areas sown in
the December cycle.

2.
The dates referred to in paragraph 1 shall be
deemed the final dates for presenting applications for
the 1998/99 marketing year,
for the application of
Article 6(2) and (4) of Regulation (EEC) No 3508/92
and Article 4(2)(a) of Regulation (EC) No 3887/92.’;

3. Article 6 is replaced by the following:

‘Article 6

1.
To establish whether the base area referred to in
Article 6(5) of Regulation (EC) No 3072/95 has been
the competent authority in the Member
exceeded,
State shall take into account the base area laid down in
Article 6(4) of the aforementioned Regulation and the
total of the areas for which aid applications have been
submitted for the base area in question.

2.
In establishing the total area for which aid appli-
cations have been submitted, account shall not be
taken of applications or parts of applications that an
administrative check has shown to be clearly unjusti-
fied.

Where appropriate, the area actually determined in the
course of on-the-spot checks pursuant to Article 6 of
Regulation (EEC) No 3887/92 shall be counted.

3.
If an overrun is observed, the Member States shall
establish by 30 September at the latest the percentage
overrun, calculated to two decimal places. However, it
the
shall notify the Commission beforehand of
overrun.

Where an overrun can be foreseen, the Member State
shall inform the producers forthwith.

The rate of overrun shall be used for calculating the
reduction in the compensatory payment, in accordance
with the first indent of Article 6(5) of Regulation (EC)
No 3072/95.

4.
The rate of overrun referred to in paragraph 3
can, however, be corrected by the Member States after
30 December but no later than 15 January of the fol-
lowing year. In such cases,
inform the
Commission forthwith, and justify the correction.

they shall

implement the
The Member States concerned shall
amended rates of reduction, as appropriate, by paying
the producers in question or recovering from them the
difference between the initial compensatory payment
and the payment resulting from the application of the
amended rate of reduction. Recovery shall be effected
in accordance with Article 14 of Regulation (EEC) No
3887/92.

If an additional compensatory payment falls due as a
result of a corrected notification from a Member State,
it must be paid before the following 1 April.

5.

The Member States shall send the Commission:

— before 1 October following the start of each mar-
the data listed in the table in the

keting year,
Annex hereto,

— before the following 15 March or, where a correc-
tion has been made, 15 May, the areas for which a
compensatory payment has been paid.’

Article 2

This Regulation shall enter into force on the day fol-
lowing 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.

Done at Brussels, 29 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

L 157/88

‹

EN

‹

Official Journal of the European Communities

30. 5. 98

ANNEX

TABLE OF DATA

Member State:

..........................................................

Year:

..........................................................................

Production
area

Variety

Number of
applications

Hectares

Total
hectares

1.

2.

3.

Total