Commission Regulation (EC) No 1577/98 of 22 July 1998 laying down transitional measures for the management of base areas in the new German Länder and repealing Regulation (EEC) No 1763/96
Date: 1998-07-22
Institutions: European Commission
Subjects: EU aid, German Democratic Republic, regions of Germany, set-aside, utilised agricultural area

23. 7. 98

EN

Official Journal of the European Communities

L 206/17

COMMISSION REGULATION (EC) No 1577/98

of 22 July 1998

laying down transitional measures for the management of base areas in the new
German Länder and repealing Regulation (EEC) No 1763/96

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 scheme for produ-
cers of certain arable crops (1), as last amended by Regula-
tion (EC) No 2309/97 (2), and in particular Article 16
thereof,

Whereas,
for the sake of clarity, Regulation (EC) No
1763/96 should be replaced with effect from the 1998/99
marketing year;

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,

HAS ADOPTED THIS REGULATION:

for

Whereas Article 2(6) of Regulation (EEC) No 1765/92
the area eligible for
provides
the reduction of
compensatory payments and for a special
set-aside
without compensation where the sum of the areas for
which aid is claimed by producers is in excess of the
regional base area;

Article 1

For the purposes of Article 2(6) of Regulation (EEC) No
1765/92, the base area laid down by Commission Regula-
tion (EC) No 1098/94 (4) shall be temporarily increased
for the new German Länder as indicated in the Annex.

Whereas the change from the planned economy existing
in the new Länder before unification to a market
economy was carried out practically without a transitional
period; whereas, therefore, implementation of the reform
has come at a time when agricultural production struc-
tures in the new Länder are in the process of change;
whereas the loss of traditional markets in the countries of
eastern Europe has led to a significant fall in livestock
production and in the areas previously used for fodder
production unforeseen when Regulation (EEC) No 1765/
92 was adopted;

Whereas, given this situation, a solution has been found
which, without giving rise to a permanent increase in the
base area, which is a key element in the reform of arable
farming, ensures that the strict application of the present
legislation does not jeopardise the restructuring of the
agricultural sector in the new Länder; whereas this solu-
tion takes the form of a transitional measure introducing
a temporary extension of the base area – to be reduced
in four steps – from the 1993/94 marketing year;
whereas these transitional measures are provided for in
Regulation (EC) No 1763/96 (3);

Article 2

1.
For the 2000/01, 2001/02, 2002/03 and 2003/04
marketing years, where the base area laid down by
Commission Regulation (EEC) No 1098/94 is exceeded
within the limits indicated in the Annex to this Regula-
tion, the area eligible for compensatory payments shall be
reduced per producer, for the duration of the marketing
year and in proportion to the over-run, by 10 %, 20 %,
30 % and 40 % respectively.

2.
The reduction referred to in paragraph 1 shall be
additional to any reduction made as a result of the base
area provided for in Article 1 being exceeded.

Article 3

Regulation (EEC) No 1763/96 is hereby repealed with
effect from 1 July 1998.

Article 4

Whereas the factors which led to the adoption of Regula-
tion (EC) No 1763/96 still pertain; whereas under these
circumstances an extension of the transitional period is
justified;

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

(1) OJ L 181, 1. 7. 1992, p. 12.
(2) OJ L 321, 22. 11. 1997, p. 3.
(3) OJ L 231, 12. 9. 1996, p. 8.

It shall apply from the 1998/99 marketing year.

(4) OJ L 121, 12. 5. 1994, p. 12.

L 206/18

EN

Official Journal of the European Communities

23. 7. 98

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

Done at Brussels, 22 July 1998.

For the Commission
Franz FISCHLER

Member of the Commission

ANNEX

1998/99
to
2000/01

(1 000 hectares)

2001/02

2002/03

2003/04

Länder

Brandenburg

+ 6,8

+ 5,1

+ 3,4

+ 1,7

Mecklenburg-Western Pomerania

+ 66,5

+ 49,9

+ 33,3

+ 16,6

Saxony

Saxony-Anhalt

Thuringia

+ 13,1

+ 9,8

+ 6,5

+ 3,3

+ 34,6

+ 25,9

+ 17,3

+ 8,6

+ 29,0

+ 21,8

+ 14,5

+ 7,3

Total

150,0

112,5

75,0

37,5