Commission Regulation (EC) No 1589/98 of 23 July 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: 1998-07-23
Institutions: European Commission
Subjects: aid to agriculture, cereals, leguminous vegetable, oleaginous plant, set-aside, terms for aid

24. 7. 98

EN

Official Journal of the European Communities

L 208/9

COMMISSION REGULATION (EC) No 1589/98

of 23 July 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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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 Article 11(1)
and 12 thereof,

Whereas Commission Regulation (EC) No 658/96 (3), as
last amended by Regulation (EC) No 1282/98 (4),
lays
down the rules of application where there are changes in
the eligibility status of land; whereas those rules should be
simplified and made more flexible;

Whereas Regulation (EC) No 658/96 lays down the eli-
gibility conditions for areas sown with a mixture of
cereals, oilseeds and protein crops;

Whereas in Finland, field peas are traditionally sown in a
mixture with cereals for agronomical reasons; whereas the
resulting crop principally consists of field peas; whereas
the areas thus sown should therefore be considered as
areas of protein crops;

Whereas Regulation (EC) No 658/96 limits eligibility for
compensatory payments for rape and colza to producers
using seeds of specified qualities and varieties;

Whereas new varieties of colza and rape which fulfil the
eligibility criteria laid down are now available to produ-
cers; whereas those varieties should be added to the list;

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

1. Article 2(5) is replaced by the following:

‘5.
The cases referred to in the fourth paragraph of
Article 9 of Regulation (EEC) No 1765/92 shall be
those in which a producer can give relevant and
objective reasons for exchanging ineligible land for
eligible land within his holding, provided that the
Member State has verified that there is no valid reason
against the exchange, particularly environmental risks.
In no event may the exchange give rise to an increase
in the total area of eligible arable land on the holding.
Member States shall provide for a system of prior noti-
fication and approval of such exchanges.

Member States shall send to the Commission, by 31
May each year, a plan comprising a list of the criteria
according to which exchanges were approved and
evidence that the total area of eligible land has not
increased as a result of those exchanges.';

2. the following is added to Article 3(1)(b):

‘however,
in Finland, where cereals are sown in a
mixture with protein crops, the compensatory payment
for protein crops shall be paid at the request of the
applicant provided that he prove, to the satisfaction of
the competent authorities, that the protein crops are
predominant in the mixture.';

3. Annex II is amended as follows:

(a)

the following varieties are added:

‘Bruno, Colstar, Corigan, Ermes, Phoenix, Renoir,
VDH1460-88';

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

(b) in place of ‘Sheyenne', read ‘Cheyenne'.

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 176, 20. 6. 1998, p. 23.

Article 2

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

It shall apply from the 1998/99 marketing year.

L 208/10

EN

Official Journal of the European Communities

24. 7. 98

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

Done at Brussels, 23 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission