Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops
Date: 1999-05-17
Institutions: Council of the European Union
Subjects: aid per hectare, cereals, oleaginous plant, producer organisation, regional aid, seed flax

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1251/1999

of 17 May 1999

establishing a support system for producers of certain arable crops

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and 37
thereof,

Having
regard
Commission (1),

to

the

proposal

from the

Having regard to the opinion of
Parliament (2),

the European

Having regard to the opinion of the Economic and
Social Committee (3),

Having regard to the opinion of the Committee of the
Regions (4),

Having regard to the opinion of the European Court
of Auditors (5),

(1) Whereas the common agricultural policy aims to
attain the objectives referred to in Article 33 of
the market
taking account of
the Treaty,
situation;

in order
a

to ensure better market
(2) Whereas,
support was
balance,
introduced
(EEC)
No 1765/92 of 30 June 1992 establishing a
support system for producers of certain arable
crops (6);

new scheme
by Council Regulation

of

(4) Whereas set-aside under the support system for
introduced
producers of certain arable crops,
in 1992 in addition to a lowering of
the
intervention price, has helped to keep production
under
price
while
significant
competitiveness
additional cereals quantities to be used on the
domestic market, mainly for animal feed;

increased

allowed

control,

has

(5) Whereas the support on the basis of the scheme
introduced in 1992 should be continued, taking
into account, however, market developments and
experience acquired in applying the current
scheme;

(6) Whereas Member States may, under certain
conditions, make grass silage eligible for area
payments under this regime;

(7) Whereas the reform of the support scheme has to
take into account the international obligations of
the Community;

(8) Whereas the best way to achieve market balance
is
to approximate the Community prices of
cereals to the prices on the world market and to
provide for non-crop specific area payments;

(3) Whereas, after the 1992 reform of the common
agricultural policy, there has been a particular
improvement of market balances;

(9) Whereas area payments should be revised if the
market conditions differ from those currently
foreseen;

(1) OJ C 170, 4.6.1998, p. 4.
(2) Opinion delivered on 6 May 1999 (not yet published in

the Official Journal).

(3) OJ C 284, 14.9.1998, p. 55.
(4) OJ C 93, 6.4.1999, p. 1.
(5) OJ C 401, 22.12.1998, p. 3.
(6) OJ L 181, 1.7.1992, p. 12. Regulation as last amended
by Regulation (EC) No 1624/98 (OJ L 210, 28.7.1998,
p. 3).

(10) Whereas the area eligible should be restricted to
the area down to arable crops or publicly funded
set aside in the past;

(11) Whereas, when the sum of the areas for which
payment is claimed under the scheme is in excess

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of the base area, a reduction of the eligible area
per farm should be provided for in order to
ensure market balance;

(18) Whereas in the case of a final reduction in
intervention price the basic amount shall be
increased applying the same compensation rate
as that used in the 2000/2001 and 2001/2002
marketing years;

that

(12) Whereas Member States may apply one or more
is considered
national base areas; whereas it
appropriate
the Member States which
choose this option should be able to divide each
national base area into sub-base areas; whereas,
when a national base area has been exceeded,
the Member State concerned should be allowed
to concentrate the application of the measures
totally or partially on those areas for which the
overshoot has been noted;

(13) Whereas

of

up

the

drawing

should reflect

area payments

the
specific structural characteristics that influence
yield; whereas
a
regionalisation plan based on objective criteria
should be left to the Member States; whereas
uniform average yields should be established by
the regionalisation plans; whereas these plans
should be consistent with the average yields of
each region achieved in a given period, taking
into account any structural differences between
production regions; whereas a specific procedure
should be provided in order to examine these
plans at Community level;

(14) Whereas differentiation

of

yields may be
permitted for irrigated and non-irrigated areas
provided that a separate base area for irrigated
crops is established and there is no extension of
the total base area;

(15) Whereas maize has a different yield which
distinguishes it from other cereals and therefore
may justify a separate treatment;

(16) Whereas, in order to calculate the area payment,
a basic amount per tonne should be multiplied
by the (cid:28)average cereals yield’ determined for the
region concerned; whereas when different yields
for maize and for other cereals are fixed,
separate base
should be
established;

for maize

areas

(17) Whereas a single basic amount should be fixed
for arable crops; whereas the basic amounts per
tonne should be increased taking into account
the reduction in several steps in the cereals
intervention price; whereas a specific aid should
be established for protein crops in order to
preserve their competitiveness with cereals;

industries while

(19) Whereas a special scheme for durum wheat
should be established to ensure a durum wheat
production level which is sufficient to supply
user
budgetary
expenditure in check; whereas that objective
should be achieved by introducing a supplement
limited, for each Member State concerned, to
a maximum area of durum wheat; whereas
any overshoot of those areas should lead to an
adjustment to the applications submitted;

keeping

(20) Whereas, moreover, in some Member States, the
production of durum wheat is well established
in regions outside traditional zones; whereas
it is desirable to safeguard a certain level of
production in those regions by the grant of
special aid;

producers

in order to benefit
should

from the area
(21) Whereas,
payments,
a
set
predetermined percentage of their arable area;
whereas the land set aside should be cared for so
as
to meet certain minimum environmental
standards; whereas the areas set aside should
also be eligible for use for non-food purposes,
provided effective
can be
control
applied;

systems

aside

(22) Whereas in the current market situation, the set-
aside requirement should be reduced to 10 % for
the period 2000-2006; whereas this percentage
should be re-examined to take account of
production and market developments;

(23) Whereas

the
to due

set-aside obligation should be
subject
the
compensation; whereas
compensation should be equivalent to the area
payments for cereals;

(24) Whereas no set-aside requirement

should be
imposed for small producers whose claim for
area payments is below a certain level, whereas
this level should be fixed;

(25) Whereas for voluntary set-aside, producers may
land
be
additionally set-aside; whereas a maximum area
limit should be fixed by Member States;

payment

set-aside

granted

for

(26) Whereas area payments should be paid once a
year
for a given area; whereas areas not
cultivated immediately before the entry into
force of the scheme established by Regulation
(EEC) No 1765/92 should not be eligible for

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payment; whereas to take account of certain
specific situations, where this provision is unduly
restrictive,
be
permitted to be managed by the Member States;

derogations

certain

should

2.

For the purposes of this Regulation:

— the marketing year shall run from 1 July to

30 June,

(27) Whereas it

is necessary to determine certain
conditions for applying for area payments and to
specificy when producers should be paid;

— (cid:28)arable crops’ are taken to mean those listed in

Annex I.

(28) Whereas payment dates should be fixed in order
to ensure an even distribution of arable crops
sales during the marketing year;

3. Member States where maize is not a traditional
crop may make grass silage eligible for the arable
crops area payments, under the same conditions as
those applicable for arable crops.

(29) Whereas sowing dates should be adapted to
natural conditions in the different production
areas;

(30) Whereas

it

is

to

provide

for oilseeds

for
necessary
transitional rules in order to abolish crop specific
payments
from the 2002/2003
marketing year onwards; whereas some of the
existing provisions in this sector have to be
maintained taking into account the international
obligations of the Community;

(31) Whereas expenditure incurred by the Member
States as a result of the obligations arising out of
the application of
this Regulation should be
financed by the Community in accordance with
Articles 1 and 2 of Council Regulation (EC)
No 1258/99 of 17 May 1999 on the financing of
the common agricultural policy (1);

(32) Whereas

is

it
transitional measures
Commission to adopt,
transitional measures;

necessary
for
the
and
if necessary, additional

provide
enable

to
to

(33) Whereas the adaptations to the arable crops
support system should be introduced as from the
marketing year 2000/2001;

(34) Whereas, in view of the present adaptations to
the current support scheme and to previous
modifications,
it is appropriate, for reasons of
clarity, to replace Regulation (EEC) No 1765/92
by a new Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation hereby establishes a system of

1.
area payments for producers of arable crops.

CHAPTER I

Article 2

1.
Community producers of arable crops may apply
for an area payment under the conditions set out in
this Regulation.

The area payment shall be fixed on a per hectare

2.
basis and regionally differentiated.

The area payment shall be granted for the area which
is down to arable crops or subject to set-aside in
accordance with Article 6 and which does not exceed
a regional base area. This is established as the average
number of hectares within a region down to arable
crops or, where appropriate, fallow in conformity with
a publicly funded scheme during 1989, 1990 and
1991. A region in this sense shall be understood to
mean a Member State or a region within the Member
State, at the option of the Member State concerned.

3.
Producers applying for the area payment shall be
subject to an obligation to set aside part of the land of
their holding from production and shall
receive
compensation for this obligation.

4. When the sum of the areas for which payment is
claimed under the arable crops’ scheme, including the
set-aside provided for under that scheme, is in excess
of the base area, the eligible area per farmer shall be
reduced proportionately for all the payments granted
under this Regulation in the region in question, during
the same marketing year.

Areas which are not the subject of an application for
payment under this Regulation but are used to support
an application for aid under Council Regulation (EC)
No 1254/1999 of 17 May 1999 on the common
organisation of the market in beef and veal (2) shall

(1) See page 103 of this Official Journal.

(2) See page 21 of this Official Journal.

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also be taken into account for the calculation of areas
for which payment is claimed.

shall be established separately for maize, covering
one or more maize production regions, at
the
choice of the Member State.

If a Member State makes grass silage eligible for
5.
the arable crops area payments, a separate base area
shall be defined. If the base area for arable crops or
grass silage is not reached in a given marketing year,
the balance of hectares shall be allocated for the same
marketing year to the corresponding base area.

6. Where a Member State has chosen to establish
it may subdivide
one or more national base areas,
each national base area into sub-base areas according
to objective criteria to be defined by the Member
State.

For the purposes of applying this paragraph,
the
(cid:28)Secano’ and (cid:28)Regad(cid:237)o’ base areas shall be considered
as national base areas.

Where there is an overshoot of a national base area,
the Member State concerned may, in accordance with
objective criteria, concentrate the measure applicable
under paragraph 4 totally or partially on the sub-base
areas for which the overshoot has been noted.

Member States which have decided to apply the
possibilities provided for in this paragraph, shall notify
producers and the Commission by 15 September of
their
their
application.

and the detailed rules

choices

for

in the

regions

Member States may also,
in
question, establish separate base areas for arable
crops other than maize. In such cases, if the base
area for maize is not reached in a given marketing
year, the balance of hectares shall be allocated for
the same marketing year to the corresponding base
area for arable crops other than maize.

(b) Where the yield for maize is equal to or less than
that for other cereals, a base area may also be
established separately for maize in accordance with
point (a). In such cases and if the Member States
chooses to establish a base area for (cid:28)arable crops
other than maize’:

— if the base area for (cid:28)maize’ is not reached in a
given marketing year, the balance of hectares
shall be allocated for the same marketing year
to the corresponding base areas for other crops,

— if the base area for (cid:28)arable crops other than
maize’ is not reached in a given marketing year,
the balance of hectares shall be allocated for
the same marketing year to the base area for
(cid:28)maize’ concerned.

Article 3

Should these base areas be exceeded, Article 2(4) shall
apply.

For the purpose of setting average yields to be
1.
used for calculation of
the area payment, each
Member State shall establish a regionalisation plan
for
setting
determination of the separate production regions in
order to arrive at distinct homogeneous areas.

objective

relevant

criteria

out

the

take due
With this in mind, Member States shall
account of specific situations in drawing up their
regionalisation plans. They may in particular adjust
average yields in line with any structural differences
between production regions.

2. Member States may also apply a different yield
figure for maize than for other cereals
in their
regionalisation plans.

3. Member States may in their regionalisation plans
set different yields for irrigated and non-irrigated land.
In that case, Member States shall establish a separate
base area for areas bearing irrigated crops.

The irrigated base area shall be equal to the average
area irrigated from 1989 to 1991 with a view to
harvesting arable crops including the increases made
pursuant to Article 3(1), fourth subparagraph,
last
sentence of Regulation (EEC) No 1765/92. However,
the
be
progressively increased by up to 60 000 ha, for those
areas where it has been established that investment in
irrigation began after 1 August 1992. This increase
may be added partially or totally to the irrigated
maize base area as referred to in Article 3(2).

irrigated

Portugal

shall

base

area

in

(a) Where the yield for maize is higher than for other
cereals, a base area, as referred to in Article 2(2),

The establishment of the irrigated base area must not
lead to any increase in the total base area of the

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Member State concerned. Should the irrigated base
area be exceeded, Article 2(4) shall apply.

If the irrigated base area is not reached in a given
shall be
marketing year,
allocated for
to the
corresponding non-irrigated base area.

the balance of hectares
same marketing year

the

4.
The regionalisation plan shall in all cases ensure
that the average yield of the Member State concerned
established for the period and in accordance with the
criteria referred to in paragraph 5 is respected.

5.
For each production region, the Member State
shall give details of the areas and yields of arable
crops produced in that region during the five-year
period 1986/1987 to 1990/1991. Average cereals
yields shall be separately calculated for each region by
excluding the year with the highest and the year with
the lowest yield during that period.

However, this obligation may be fulfilled in the case
of:

— Portuguese cereals by providing data having been
supplied pursuant
to Council Regulation (EEC)
No 3653/90 of 11 December 1990 introducing
transitional measures
common
organisation of the market in cereals and rice in
Portugal (1),

governing

the

— the five new German L(cid:228)nder by providing the
average crop yield applicable in the other German
L(cid:228)nder,

— Italy and Spain by fixing the reference yield at
tonnes/hectare

tonnes/hectare

and

2,9

3,9
respectively.

6. Member States shall submit their regionalisation
plan to the Commission by 1 August 1999 together
with all necessary supporting information. In order to
fulfil
to their
regionalisation plan submitted to the Commission in
accordance with Regulation (EEC) No 1765/92.

this obligation,

they may

refer

The Commission shall examine the regionalisation
plans submitted by the Member States and shall
ensure that each plan is based on appropriate,
objective criteria and is consistent with available
historical information. The Commission may object to
plans that are not compatible with the aforementioned
relevant criteria in particular with the average yield of
the Member State. In this case the plans shall be
subject to adjustment by the Member State concerned
after consultation with the Commission.

The regionalisation plan may be revised by the
Member State
the
Commission or at the initiative of that Member State
in accordance with the same procedure as outlined in
this Article.

concerned at

request of

the

If

to

regions

establish

production

Should a Member State, pursuant to paragraph 1,
7.
choose
the
demarcation of which does not correspond to that of
regional base areas, it shall send the Commission a
summary statement of payment applications and the
it emerges from this
yields pertaining to these.
information that, in a Member State, the average yield
resulting from the regionalisation plan applied in 1993
or, in the case of Austria, Finland and Sweden, the
average yield resulting from the plan applied in 1995
or, in the case of Italy and Spain the yield as fixed in
Article 3(5) is exceeded, all payments to be made in
that Member State for the following marketing year
shall be reduced in proportion to the overrun which
has been recorded. However, this provision shall not
apply where the quantity for which applications were
made, expressed in tonnes of cereals, does not exceed
that resulting from the product of the total base areas
of the Member State by the aforementioned average
yield.

If a Member State decides to treat:

— maize separately from other cereals, the average
cereals yield, which shall not be altered, shall be
broken down between maize and other cereals,

— irrigated land separately from non-irrigated land,
the corresponding average yield, which shall not be
altered, shall be broken down between the two
types.

(1) OJ L 362, 27.12.1990, p. 28. Regulation as amended by
Commission Regulation (EC) No 1664/95 (OJ L 158,
8.7.1995, p. 13).

Member States may decide to ascertain whether there
has been any exceeding of the average yield for each
this
base area.
paragraph shall be applied to the payments to be paid
in each base area concerned.

the provisions of

In such cases,

Article 4

to Article 10,

the area
1. Without prejudice
payment shall be calculated by multiplying the basic
amount per
cereal yield
tonne by the average
determined in the regionalisation plan for the region
concerned.

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2.
The calculation mentioned in paragraph 1 shall
be made using the average cereals yield. However,
where maize is treated separately, the (cid:28)maize’ yield
shall be used for maize and the (cid:28)cereals other than
maize’ yield shall be used for cereals, oilseeds and
linseed.

3.

The basic amount shall be fixed as follows:

for protein crops:

— EUR 72,50/t from the 2000/2001 marketing year

onwards;

for cereals, grass silage and set-aside:

— EUR 58,67/t for the 2000/2001 marketing year,

— EUR 63,00/t from the 2001/2002 marketing year

onwards;

for linseed:

— EUR 88,26/t for the 2000/2001 marketing year,

— EUR 75,63/t for the 2001/2002 marketing year,

— EUR 63,00/t from the 2002/2003 marketing year

onwards;

for oilseeds:

wheat in the traditional production zones listed in
Annex II, subject to the limits fixed in Annex III.

Should the total of the areas for which a supplement
to the area payment is claimed be greater than the
limit
referred to above during the course of a
marketing year, the area per producer for which the
supplement may
reduced
proportionately.

shall

paid

be

be

However, subject to the limits per Member State laid
down in Annex III, Member States may distribute the
areas indicated in that Annex among the production
zones as defined in Annex II, or,
if necessary, the
production regions referred to in Article 3, according
to the extent of the production of durum wheat during
the period 1993 to 1997. Where this is done, should
the total of the areas within a region for which a
supplement
requested be
greater than the corresponding regional limit during
the course of a marketing year, the area per producer
in that production region for which the supplement
may be paid shall be reduced proportionately. The
reduction shall be made when, within a Member State,
the areas in regions, which have not reached their
regional
limits, have been distributed to regions in
which those limits have been exceeded.

to the area payment

is

In regions where the production of durum wheat is
well established, other
than those referred to in
Annex II, special aid amounting to EUR 138,90 per
hectare shall be granted up to a limit of the number of
hectares laid down in Annex IV.

— EUR 63,00/t from the 2002/2003 marketing year

onwards.

Article 6

The amount of EUR 63/t may be increased from the
2002/2003 marketing year onwards in the light of a
final reduction in the intervention price for cereals
provided for in Article 3(4) of Regulation (EEC)
No 1766/92.

The

set-aside obligation for

each producer
1.
shall be fixed as a
applying for area payments
proportion of his area down to arable crops and for
which a claim is made and left in set-aside pursuant to
this Regulation.

This increase in area payments will bear the same
proportion to the intervention price reduction as that
applicable in 2000/2001 and 2001/2002.

The basic rate of compulsory set-aside is fixed at 10 %
from the 2000/2001 marketing year up to the 2006/
2007 marketing year.

and

some

In Finland and in Sweden north of the 62nd
4.
Parallel
by
adjacent
comparable climatic conditions rendering agricultural
activity particularly difficult a supplementary amount
to the area payment of EUR 19/t, multiplied by the
yield utilised for the area payments, shall be applied
for cereals and oilseeds.

affected

areas

Article 5

2. Member
appropriate
environmental measures which correspond to the
specific situation of the land set-aside.

States

apply

shall

The land set-aside may be used for the provision
3.
of materials
the
Community of products not primarily intended for
human or animal consumption, provided that effective
control systems are applied.

the manufacture within

for

A supplement to the area payment of EUR 344,50 per
hectare shall be paid for the area down to durum

Member States shall be authorised to pay national aid
up to 50 % of the costs associated with establishing

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multiannual crops intended for bio-mass production
on set-aside land.

4. Where different yields are set for irrigated and
non-irrigated land, the payment for set-aside for non-
irrigated land apply. In the case of Portugal, payment
shall take account of the aid granted under Regulation
(EEC) No 3653/90.

Producers may be granted the set-aside payment
5.
on land voluntarily set aside in excess of
their
obligation. Member States shall allow farmers to set-
aside up to at least 10 % of the area down to arable
crops and for which a payment application is made,
to this Regulation.
and left
Higher percentages may be set by a Member State
taking into account specific situations and ensuring
sufficient occupation of farmland.

in set-aside pursuant

aside for the purposes of the set-aside requirement
indicated in paragraph 1. Such limit shall be set only
to the extent necessary to avoid a disproportionate
amount of the available budget relating to the scheme
in question being concentrated on a small number of
farms.

However, on these areas, the area payment specified in
Article 4 shall not be granted and the support granted
under Article 24(1), or Article 31(1), second indent of
Regulation (EC) No 1257/1999 (rural development
regulation) shall be limited to an amount equal at
most to the area payment for set aside specified in
Article 4(3).

Member States may decide not to apply the scheme
provided for in this paragraph to a new applicant in
any region in which there is a continuing risk of a
significant overshoot of the regional base area.

The set-aside payment may be granted on a

6.
multiannual basis for a period up to five years.

Article 7

7.
Producers who make a payment application for
an area no bigger than the area which would be
needed to produce 92 tonnes of cereals, on the basis of
the yields determined for their region, are not bound
by the set-aside obligation. Paragraphs 5 and 6 shall
apply to these producers.

Applications for payments may not be made in respect
land that on 31 December 1991 was under
of
permanent pasture, permanent crops or trees or was
used for non-agricultural purposes.

8. Without prejudice to Article 7, areas:

— set aside pursuant to agri-environment (Articles 22
to 24 of Council Regulation (EC) No 1257/1999
of 17 May 1999 on support for rural development
from the European Agricultural Guidance and
Guarantee Fund (EAGGF) and amending certain
Regulations (1), which are neither put
to any
agricultural use nor used for any lucrative purposes
other than those accepted for other land set aside
under this Regulation, or

— afforested pursuant to afforestation (Article 31 of

Regulation (EC) No 1257/1999,

as a result of an application made after 28 June 1995,
may, up to any limit per holding which may be set by
the Member State concerned, be counted as being set

Member States may, on terms to be determined,
depart from these provisions under certain specific
to
circumstances,
in particular
restructuring programmes or
to
standard rotations of multiannual arable crops with
those crops listed in Annex I. In such cases, they shall
take action to prevent any significant increase in the
total eligible agricultural area. This may in particular
involve deeming previously eligible areas ineligible as
an offsetting measure.

for areas
for areas

subject
subject

first

under

certain

subparagraph

Member States may also depart from the provisions of
the
specific
circumstances relating to one or other form of public
intervention where such intervention results
in a
farmer growing crops on land previously regarded as
ineligible in order to continue his normal agricultural
activity and the intervention in question means that
land originally eligible ceases to be so with the result
that the total amount of eligible land is not increased
significantly.

(1) Sea page 80 of this Official Journal.

Moreover, Member States may,
in certain cases not
covered by the previous two subparagraphs, depart

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from the first subparagraph if they provide proof in a
plan submitted to the Commission that
the total
amount of eligible land remains unchanged.

include
compensation,

the

growing

of

products without

Article 8

1.
Payments shall be made between 16 November
and 31 January following the harvest. However, where
Article 6(3) applies, area payments for the land set
aside shall be paid between 16 November and
31 March.

2.
In order to qualify for the area payment, a
producer shall by 31 May at the latest preceding the
relevant harvest have sown the seed and by 15 May at
the latest have lodged an application.

3. Member States shall take the necessary measures
to remind applicants of
the need to respect
environmental legislation.

Article 9

Detailed rules for the application of this Chapter shall
be adopted in accordance with the procedure laid
down in Article 23 of Council Regulation (EEC)
No 1766/92 of 30 June 1992 on the common
in cereals (1) and in
organisation of
particular:

the market

— those

the
management of base areas,

relating

to

establishment

and

— those relating to the establishment of production

regionalisation plans,

— those relating to grass silage,

— those relating to the granting of the area payment,

— those relating to the minimum area eligible for
payment; such rules shall take particular account
of the monitoring requirements and of the desired
effectiveness of the scheme in question,

— those determining, for durum wheat, the eligibility
for the supplement to the area payment referred to
in Article 5 and the eligibility requirements for the
special aid referred to in that Article, and in
particular determination of the regions to be taken
into consideration,

— those relating to set-aside,
relating to Article 6(3);

in particular

those
these conditions may

— those relating to the conditions

for applying
Article 7; these conditions shall specify under what
circumstances the provisions of Article 7 may be
waived and Member States’ obligation to refer
envisaged action to the Commission for approval,

— those

to

relating

compliance

the
Memorandum of Understanding on certain oil
seeds between the European Economic Community
and the United States of America within the
framework of the GATT approved by Decision 93/
355/EEC (2).

with

According to the same procedure, the Commission
may:

— either make the granting of payments subject to
the use of specific seeds, certified seeds in the case
of durum wheat, certain varieties in the cases of
oilseeds, durum wheat and linseeds or provide for
the possibility for Member States to make the
granting of payments subject to such conditions,

— allow the dates in Article 8(2) to be varied in
certain zones where exceptional climatic conditions
render the normal dates inapplicable,

— allow Member States, subject

to the budgetary
situation, to authorise, by way of derogation from
Article 8(1), payments prior to 16 November in
the area
certain regions, of up to 50 % of
payments and of the payment for set-aside in years
in which exceptional climatic conditions have so
reduced yields that producers face severe financial
difficulties.

CHAPTER II

Article 10

1.
For the 2000/2001 and 2001/2002 marketing
years the area payments for oilseeds are calculated by
multiplying the following amounts by the average
cereals yield determined in the regionalisation plan in
the region concerned:

— EUR 81,74/t for the 2000/2001 marketing year,

— EUR 72,37/t for the 2001/2002 marketing year.

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended
by Commission Regulation (EC) No 923/96 (OJ L 126,
24.5.1996, p. 37).

(2) OJ L 147, 18.6.1993, p. 25.

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Official Journal of the European Communities

L 160/9

However, Member States shall have the possibility of
continuing to fix the oilseeds payments on the basis of
historical regional oilseeds yield. In that case the yield
shall be multiplied by 1,95.

of
the regional reference amounts applied for the
1999/2000 marketing year shall be applied by the
Commission to the relevant basic amount
for the
2000/2001 marketing year by the same percentage.

2.
For the 2000/2001 and 2001/2002 marketing
years, a maximum guaranteed area (MGA) shall be
established for the crop-specific oilseeds area payments
of 5 482 000 hectares,
rate of
compulsory set-aside applicable for that marketing
year, or by 10 % if that rate is less than 10 %. If after
the application of Article 2 the maximum guaranteed
area is exceeded, the Commission shall reduce the
amounts referred to in paragraph 1,
in accordance
with the provisions of paragraphs 3 and 4.

reduced by the

If

rules

special

than a

the reduction of

exceeded by more

3.
the area of oilseeds already determined as
eligible for crop specific oilseeds area payments in any
year exceeds the MGAs, the Commission shall reduce,
by 1 % for each percentage point by which the MGA
is exceeded, the basic amount for that year. If the
MGA is
threshold
shall apply. Up to the
percentage,
threshold percentage,
the amount
shall be uniform in all Member States. Beyond the
additional
threshold
reductions shall apply in those Member States that
have exceeded the national reference areas set out in
Annex V,
referred to in
paragraph 4. However, in the case of Germany the
appropriate additional reduction may be adjusted at
its request,
in whole or in part, according to the
regional base area; where this option is exercised,
Germany shall immediately send the Commission the
data used to calculate the reductions to be applied.

reduced by the

appropriate

percentage,

rate

The Commission shall,
in accordance with the
procedure laid down in Article 23 of Regulation (EEC)
No 1766/92, establish the size and distribution of the
appropriate reductions to be applied and shall,
in
particular, ensure that the weighted average reduction
for
to the
the Community as a whole is equal
percentage by which the MGA has been exceeded.

The

4.
paragraph 3 should be 0 %.

threshold percentage provided for

in

is

If

the oilseeds area payment

5.
reduced in
accordance with the provisions in paragraphs 3 and 4,
relevant basic
the Commission shall
amounts for the following marketing year by the same
percentage unless the MGA is not exceeded in that
year,
in which case the commission may determine
that such a reduction shall not apply.

reduce

the

7. Notwithstanding the provisions in this Article,
Member States in which there is a significant risk of
the National Reference Area set out in Annex V being
substantially exceeded in the following marketing year
may limit the area for which an individual producer
may receive the oilseed area payments referred to in
this article. Such limit
shall be calculated as a
the arable land area, of either the
percentage of
Member State or the regional base area, that is eligible
for the area payments provided for in this Regulation
and shall be applied to the eligible arable area of the
producer. This limit may be differentiated between
regional base areas or sub-base areas on the basis of
objective criteria. Member States shall announce such
limit, at the latest, by 1 August of the marketing year
prior to that in respect of which the area payment is
requested, or by an earlier date in the case of a
Member State, or regions within a Member State,
where plantings for the marketing year concerned take
place prior to 1 August.

8.
The reduction resulting from the overshoot of the
MGA, applied in accordance with the provisions of
this Article, cannot lead to an amount less than:

— EUR 58,67/t for the 2000/2001 marketing year,

— EUR 63,00/t for the 2001/2002 marketing year.

9.
Producers of confectionery sunflower seed, sown
for harvest, shall be excluded from the benefit of the
support provided for under the terms of this article.

10. Within two years from the application of the
present article the Commission will submit a report to
the Council on the development on the oilseeds
market. If necessary this report will be accompanied
by appropriate proposals
should the production
potential deteriorate seriously.

Article 11

6.
If the MGA for the Community is exceeded in
2000/2001 marketing year, the percentage of reduction

The amounts of the area payments and the payment
for set-aside as well as the percentage area to be set
aside fixed in this Regulation may be changed in the

L 160/10

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Official Journal of the European Communities

26.6.1999

light of developments in production, productivity and
the markets, according to the procedure laid down in
Article 37(2) of the Treaty.

Article 12

Should specific measures be necessary to facilitate the
transition from the system in force to that established
by this Regulation, such measures shall be adopted in
accordance with the procedure laid down in Article 23
of Regulation (EEC) No 1766/92.

Article 14

Regulation (EEC) No 1765/92 and Regulation (EEC)
No 1872/94 are hereby repealed.

Article 15

1.
This Regulation shall enter into force seven days
after its publication in the Official Journal of the
European Communities.

Article 13

This Regulation shall apply from the 2000/2001

2.
marketing year onwards.

The measures defined in this Regulation shall be
deemed to be
intervention intended to stabilise
of
agricultural markets within
Article 1(2)(b) of Council Regulation (EC) No 1258/
1999.

the meaning

3.
Regulation (EEC) No 1765/92 and Regulation
(EEC) No 1872/94 shall continue to be applied in
relation to the 1998/1999 and 1999/2000 marketing
years.

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

Done at Brussels, 17 May 1999.

For the Council

The President

K.-H. FUNKE

26.6.1999

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Official Journal of the European Communities

L 160/11

ANNEX I

DEFINITION OF PRODUCTS

CN code

Description

I. CEREALS

1001 10 00

1001 90

1002 00 00

1003 00

1004 00 00

1005

1007 00

1008

0709 90 60

II. OILSEEDS

1201 00

ex 1205 00

ex 1206 00 10

III. PROTEIN CROPS

0713 10

0713 50

ex 1209 29 50

IV. FLAX

other than fibre flax

ex 1204 00

Durum wheat

Other wheat and meslin other than durum wheat

Rye

Barley

Oats

Maize

Grain sorghum

Buckwheat, millet and canary seed; other cereals

Sweet corn

Soya beans

Rape seed

Sunflower seed

Peas

Field beans

Sweet lupins

Linseed
(Linum usitatissimum L.)

L 160/12

EN

Official Journal of the European Communities

26.6.1999

ANNEX II

TRADITIONAL PRODUCTION ZONES FOR DURUM WHEAT

GREECE

Nomoi (prefectures) of the following regions

Central Greece
Peloponnese
Ionian Islands
Thessaly
Macedonia
Aegean Islands
Thrace

SPAIN

Provinces

Almer(cid:237)a
Badajoz
Burgos
Ca´ diz
C(cid:243)rdoba
Granada
Huelva
Jae´n
Ma´ laga
Navarra
Salamanca
Seville
Toledo
Zamora
Zaragoza

AUSTRIA

Pannonia

FRANCE

Regions

Midi-Pyre´ne´es
Provence-Alpes-C(cid:244)te d’Azur
Languedoc-Roussillon

Departments (*)

Arde`che
Dr(cid:244)me

ITALY

Regions

Abruzzo
Basilicata
Calabria
Campania
Latium
Marches
Molise
Umbria
Apulia
Sardinia
Sicily
Tuscany

PORTUGAL

Districts

Santare´m
Lisbon
Setu´ bal
Portalegre
E´ vora
Beja
Faro

(*) Each of

these departments may be linked to one of

the

abovementioned regions.

26.6.1999

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Official Journal of the European Communities

L 160/13

ANNEX III

MAXIMUM GUARANTEED AREAS IN RECEIPT OF THE SUPPLEMENT TO THE AREA
PAYMENT FOR DURUM WHEAT

Greece
Spain

France

Italy
Austria

Portugal

(hectares)

617 000
594 000

208 000

1 646 000
7 000

118 000

MAXIMUM GUARANTEED AREAS IN RECEIPT OF THE SPECIAL AID FOR DURUM WHEAT

ANNEX IV

Germany

Spain

France

Italy

United Kingdom

(hectares)

10 000

4 000

50 000

4 000

5 000

L 160/14

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Official Journal of the European Communities

26.6.1999

ANNEX V

NATIONAL REFERENCE AREA

(in 1 000 hectares)

Country

For the 2000/2001
and 2001/2002 marketing years

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

6

236

929

26

1 168

1 730

5

542

2

7

147

93

70

137

385