Commission Regulation (EC) No 303/1999 of 10 February 1999 laying down exceptional measures in relation to the set-aside rules in order to alleviate the effects of adverse weather conditions in certain areas of the Community
Date: 1999-02-10
Institutions: European Commission
Subjects: atmospheric conditions, harvest, production aid, regional aid, set-aside

11. 2. 1999

EN

Official Journal of the European Communities

L 37/19

COMMISSION REGULATION (EC) No 303/1999

of 10 February 1999

laying down exceptional measures in relation to the set-aside rules in order to
alleviate the effects of adverse weather conditions in certain areas of the
Community

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 1624/98 (2), and in particular Article 12
thereof,

Whereas eligibility for the compensatory payment under
the general scheme referred to Article 2(5) of Regulation
(EEC) No 1765/92 is subject to an obligation to set-aside
land; whereas the detailed rules of application laid down
in Commission Regulation (EC) No 762/94 (3), as last
amended by Regulation (EC) No 1981/98 (4), specify that
the set-aside period shall commence on 15 January at the
latest and that no agricultural production is allowed on
set-aside land;

Whereas, as a result of adverse weather conditions, it is
impossible for producers in certain areas within certain
Member States to harvest existing crops, in particular of
potatoes, sugar beet, fodder beet, carrots or parsnips prior
to 15 January 1999 on land destined to be set aside;
whereas exceptionally the harvest of those crops prior to
28 February 1999 should, on an application by a
producer, be allowed without this prohibiting the land
from being validly set aside, provided that a producer
proves that the relevant conditions are satisfied;

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

HAS ADOPTED THIS REGULATION:

Article 1

On application to the competent authority of the Member
State concerned, and notwithstanding Article 3(3) and (4)
of Regulation (EC) No 762/94 prohibiting agricultural
production on set-aside land, where a producer can prove:

— that, as a result of adverse weather conditions it was
impossible to harvest an existing crop prior to 15
January 1999,

— that the crop, if harvested, was harvested prior to 28

February 1999,

— that all other relevant conditions in relation to set-

aside land have been respected,

that land may be considered to be validly set aside in
respect of the 1999 harvest.

Article 2

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

It shall apply with effect from 15 January 1999.

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

Done at Brussels, 10 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 12.
(2) OJ L 210, 28. 7. 1998, p. 3.
(3) OJ L 90, 7. 4. 1994, p. 8.
(4) OJ L 256, 18. 9. 1998, p. 8.