Council Regulation (EC) No 1635/98 of 20 July 1998 derogating from certain provisions of Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops
Date: 1998-07-20
Institutions: Council of the European Union
Subjects: aid per hectare, cereals, derogation from EU law, leguminous vegetable, regional aid, set-aside

28. 7. 98

EN

Official Journal of the European Communities

L 210/21

COUNCIL REGULATION (EC) No 1635/98

of 20 July 1998

derogating from certain provisions of Regulation (EEC) No 1765/92 establishing a
support system for producers of certain arable crops

THE COUNCIL OF THE EUROPEAN UNION,

down in the case of transfer of the set-aside obligation
should be adapted and it should not be applied in the
case of transfer to environmentally-sensitive areas,

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,

HAS ADOPTED THIS REGULATION:

Having regard to the opinion of the European Parlia-
ment (1),

Article 1

Whereas the support system for producers of certain
arable crops established by Regulation (EEC) No 1765/
92 (2) provides that, in order to qualify for compensatory
payments under the general scheme, producers must set
aside a predetermined percentage of their arable land;
whereas this percentage is to be reviewed to take account
of production and market developments;

Whereas, since the introduction of this system, the cereals
market has achieved a better balance as a result of an
increase in Community consumption; whereas this situa-
tion, together with a very low level of stocks and firm
prices on the market has resulted in the rate of compul-
sory set-aside for the preceding marketing years being set
at a level appreciably below that predetermined;

Whereas recent developments on the Community and
world cereal markets has resulted in a reversal in the
trend as regards the level of public stocks and prices on
the world market in particular;

Whereas this situation must be taken into account when
fixing the compulsory set-aside rate for the 1999/2000
marketing year; whereas this rate should be fixed at a level
sufficient to prevent too high a build-up in public stocks
immediately before the first marketing year in which
Agenda 2000 applies;

Whereas suspension of the application of special set-aside
should be continued; whereas consequently the level of
sanction provided for when the ceiling for irrigated land
is exceeded should be relaxed; whereas the increase laid

the 1999/2000 marketing year, notwithstanding

For
Article 7 of Regulation (EEC) No 1765/92:

(cid:190) the set-aside requirement referred to in paragraph 1 of

that Article shall be set at 10 %,

(cid:190) the increase referred to in the second indent of para-
graph 7 of that Article shall be set at 1 percentage
point. However, no increase shall apply to transfers
executed to a particular area where environmental
objectives are achieved.

Article 2

Should the base area under the 1998/99 marketing year
be exceeded,
the special set-aside referred to in the
second indent of Article 2(6) of Regulation (EEC) No
1765/92 shall not apply.

Article 3

For the 1998/99 marketing year, notwithstanding the
sixth subparagraph of Article 3(1) of Regulation (EEC) No
the
1765/92, where an ‘irrigated' ceiling is exceeded,
compensatory payment for the ‘irrigated' rate shall in all
cases be reduced proportionally to the rate of the over-
shoot recorded.

Article 4

(1) OJ C 210, 6. 7. 1998.
(2) OJ L 181, 1. 7. 1992, p. 12. Regulation as last amended by
Regulation (EC) No 2309/97 (OJ L 321, 22. 11. 1997, p. 3).

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

L 210/22

EN

Official Journal of the European Communities

28. 7. 98

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

Done at Brussels, 20 July 1998.

For the Council

The President

W. MOLTERER