Commission Regulation (EC) No 2316/1999 of 22 October 1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops
Date: 1999-10-22
Institutions: European Commission
Subjects: aid per hectare, cereals, leguminous vegetable, oleaginous plant, production aid, set-aside

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2316/1999

of 22 October 1999

laying down detailed rules for the application of Council Regulation (EC) No 1251/1999
establishing a support system for producers of certain arable crops

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1251/1999 of 17
May 1999 establishing a support system for producers of
certain arable crops (1), and in particular Article 9 thereof,

Whereas:

(1)

Regulation (EC) No 1251/1999 replaced the support
system for producers of certain arable crops provided
for in Council Regulation (EEC) No 1765/92 (2), as last
amended by Regulation (EC) No 1624/98 (3). Following
the changes entailed by the new system and in view of
experience gained, the rules on the application of the
area payment system should be harmonised and, where
appropriate, simplified. In the interests of clarity, it is
appropriate to recast in a single act the provisions of the
specific regulations governing the various aspects of that
system, that is the following Commission regulations:

Regulation (EEC) No 2467/92 (4) as amended by Regula-
tion (EEC) No 3738/92 (5), Regulation (EEC) No 2836/
93 (6), as last amended by Regulation (EC) No 1503/
97 (7), Regulation (EC) No 762/94 (8), as last amended by
Regulation (EC) No 1981/98 (9), Regulation (EC) No
1098/94 (10), as last amended by Regulation (EC) No
1945/1999 (11), Regulation (EC) No 1237/95 (12), as last
amended by Regulation (EC) No 2017/97 (13), Regula-
tion (EC) No 658/96 (14), as last amended by Regulation
(EC) No 610/1999 (15) and Regulation (EC) No 1577/
98 (16).

(2)

The area payments provided for in Regulation (EC) No
1251/1999 must be restricted to certain areas to be
specified. Only one application for an area payment
should be permitted in respect of any parcel cultivated

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 181, 1.7.1992, p. 12.
(3) OJ L 210, 28.7.1998, p. 3.
(4) OJ L 246, 27.8.1992, p. 11.
(5) OJ L 380, 24.12.1992, p. 24.
(6) OJ L 260, 19.10.1993, p. 3.
(7) OJ L 202, 30.7.1997, p. 48.
(8) OJ L 90, 7.4.1994, p. 8.
(9) OJ L 256, 19.9.1998, p. 8.
(10) OJ L 121, 12.5.1994, p. 12.
(11) OJ L 241, 11.9.1999, p. 14.
(12) OJ L 121, 1.6.1995, p. 29.
(13) OJ L 284, 16.10.1997, p. 36.
(14) OJ L 91, 12.4.1996, p. 46.
(15) OJ L 75, 20.3.1999, p. 24.
(16) OJ L 206, 23.7.1998, p. 17.

in a given marketing year. Any parcel covered by an
‘area’ aid application under the common organisation of
the market in any other product in respect of the same
marketing year cannot qualify under the area payment
scheme. Area payments can be granted on crops subsid-
ized under a scheme falling within the Community's
structural or environmental policies.

Article 7 of Regulation (EC) No 1251/1999 defines the
land that
is eligible for area payments. That Article
authorises certain exceptions under the control of the
Member States which must not undermine the effective-
ness of the arrangements laid down in that Regulation.
In order to avoid any such risk, suitable measures should
be laid down to keep the total area of eligible land at the
current level and to prevent any appreciable increase
therein. To that end, certain muftiannual crops should
be considered as included among rotating crops. Areas
covered by restructuring programmes could also be
considered eligible for area payments. It is necessary to
is meant by restructuring, appreciable
define what
increases in agricultural area and the obligation to
exchange eligible and ineligible land.

The sowing of land for the sole purpose of qualifying for
area payments should be prevented. Certain conditions
relating to the sowing and cultivation of crops must be
specified, in particular as regards oilseeds, protein plants,
linseed and durum wheat. Local standards must be
respected in order to reflect the diversity of agricultural
practice within the Community.

In order to foster the Community's policy of quality
improvement, only applicants who have sown seed of
specified varieties and qualities should be eligible for
area payments in respect of colza and rape seed. For
determining eligible varieties, reference should be made
for the sake of consistency, simplification and good
management, to the Common Catalogue of Varieties of
established by Council
Agricultural
Directive 70/457/EEC (17), as last amended by Directive
98/96/EC (18), while for the 2000/01 marketing year,

Species

Plant

(3)

(4)

(5)

(17) OJ L 225, 12.10.1970, p. 1.
(18) OJ L 25, 1.2.1999, p. 27.

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reference should be made to the varieties eligible under
the previous scheme for the sake of clarity and to main-
tain continuity. The Community's glucosinolate and
erucic acid standards for colza and rape seed should be
clarified and tests should be laid down to measure the
glucosinolate and erucic acid content of seed samples. It
is necessary to clarify the position regarding variety
associations of colza and rape seed and certain other
categories of seed. The varieties of sunflower seed which
constitute confectionery sunflower seed should be speci-
fied.

(10) Article 3 of Regulation (EC) No 1251/1999 allows
regionalisation plans to differentiate between irrigated
and non-irrigated areas. What is meant by irrigation
should be defined. A separate base area may be estab-
lished for maize. In some Member States, this area may
largely concern silage maize. By the nature of silage
maize, yields may not be expressed in tonnes per
hectare. The yield applicable in this case should there-
fore be defined. The Member States should be given the
opportunity to lay down the yield applicable to silage
maize in relation to the yield of comparable arable crops
in the region concerned.

(6)

(7)

(8)

The Member States in which maize is not grown tradi-
tionally may set a base area for silage grass. It is neces-
sary to define what is meant by silage grass.

(11)

for

sweet

Standards
to determine
whether or not a sample of lupins is sweet should be
laid down.

lupins and tests

Article 5 of Regulation (EC) No 1251/1999 provides for
the granting of a supplement to the area payment to
producers of durum wheat
in traditional production
regions within a maximum guaranteed area for each
Member State concerned. That maximum guaranteed
area may be distributed among the regions of produc-
tion. A de minimis rule on the size of such production
regions should be introduced to prevent their fragmenta-
the principle of proportionality is
tion and so that
complied with in the application of any penalties
incurred for overshoots. Areas eligible for the special aid
for durum wheat in non-traditional areas have been
allocated to certain Member States. The regions of the
Member States allocated such areas should be defined.
Regulation (EC) No 1251/1999 provides that certified
durum wheat seed must be used. Specific measures
should be taken to ensure that such seed is used. A
minimum quantity and a transitional period over which
the quantity of that seed used is to be attained must be
set in order to avoid supply difficulties or disturbances
on the market in certified seed. In view of the diversity
of agricultural practice within the Member States and
the minimum
within regions thereof,
quantity and the adoption of any transitional measures
needed should be left to the Member States concerned.

the setting of

(12)

(13)

(9)

Regulation (EC) No 1251/1999 provides inter alia for the
area payment scheme to apply subject to a system of
regional base areas. With a view on the one hand to the
transparency needed and on the other to satisfactory
management of those areas, the number of hectares
eligible under the area payment scheme and the way
they are distributed need to be determined for each
Member State.

The areas to be taken into account with a view to
assessing any overshoot in the base area and the rules
for determining the extent of such overshoots should be
specified. Where a separate base area is established for
maize, irrigated areas or silage grass, special rules must
be laid down as regards the areas to be taken into
account with a view to calculating any overshoot in the
base area in question. The rules for determining any
overshoot in the base area must ensure that the base
area is complied with in all cases. The way the overshoot
is to be calculated in respect of the maximum guaran-
teed areas for durum wheat should also be specified.

In order to prevent complicated regionalisation plans
resulting in actual yields appreciably in excess of the
reference
yields, Regulation (EC) No 1251/1999
provides for area payments to be adjusted in the
following marketing year in proportion to the overshoot
of the average yield resulting from the regionalisation
plans. The data necessary for calculating any overshoot
of the reference yields must be available in good time.
The procedure to be followed for establishing such over-
shoots should be specified and the reference yields
resulting from regionalisation plans as determined in
accordance with the criteria laid down in Article 3 of
that Regulation should be fixed.

Pursuant to Article 2 of Regulation (EC) No 1251/1999,
eligibility for area payments is conditional on an obliga-
tion on the producers concerned to set aside part of the
area on their holdings. In order to ensure that such
set-aside contributes to better balance on the market,
detailed implementing rules capable of ensuring that the
scheme has the necessary effectiveness and that it is
consistent with the overall system introduced by Regula-
tion (EC) No 1251/1999 should be laid down. To that
end, while areas other than those referred to in Article 7
of that Regulation should not be definitively excluded
from the scheme, provision should be made for the
areas counting as set-aside to be comparable with those
counting for the purposes of calculating the regional
base area. The scheme's effectiveness may be enhanced if
provision is also made for
set-aside to apply to
unbroken areas of a minimum size. Provisions should

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also be laid down regarding environmental protection
and the maintenance and utilisation of the areas set
aside. Regulation (EC) No 1251/1999 exempts from the
set-aside obligation producers whose application does
not exceed production equivalent
to 92 tonnes of
calculating the 92-tonne
cereals. The method for
production limit must be specified. For the sake of
clarity, provisions must be laid down for cases where the
set-aside obligation is not met.

The minimum period for which land is to be set aside
must extend at least over the growing cycle of the arable
crops covered by Regulation (EC) No 1251/1999.
However, in order to take certain specific circumstances
into account, it should be possible for land set aside to
be used before the minimum set-aside period expires.

Rules should be laid down to ensure that farmers who
undertake to set aside certain areas for a period not
exceeding five marketing years receive a minimum
payment. The adjustments and penalties applicable
under the scheme should be laid down.

Council Regulation (EEC) No 3653/90 of 11 December
1990 introducing transitional measures governing the
common organisation of the market in cereals and rice
in Portugal (1), as amended by Commission Regulation
(EC) No 1664/95 (2), provides for direct aid per hectare
for certain cereals grown in Portugal during a trans-
itional period. Pursuant to Article 6(4) of Regulation
(EC) No 1251/1999, such aid may be taken into account
for the purposes of calculating the compensation for
compulsory set-aside only.

(14)

(15)

(16)

(17) Article 8(2) of Regulation (EC) No 1251/1999 requires
producers of cereals, oilseeds and protein plants to
complete sowing by 31 May at the latest. In certain
cases, sowing can be put off until after 31 May because
of the climate. The deadline for sowing and for submit-
ting applications should be extended for certain crops in
certain regions. However, such extensions should not
adversely affect the effectiveness of the support system
or undermine the control system introduced by Council
Regulation (EEC) No 3508/92 (3), as last amended by
Regulation (EC) No 1036/1999 (4).

(18)

In order to ensure that the processing industry receives
regular supplies of sweetcorn throughout the marketing
year, producers must be able to spread their sowings
over a longer period. The final date for sowing sweet-
corn should therefore be deferred to 15 June.

(19) Article 10(7) of Regulation (EC) No 1251/1999 provides
that those Member States where there is a risk that the
reference area may be substantially exceeded can limit
the area in respect of which individual producers may

apply for crop-specific oilseeds area payments. That limit
must be laid down on the basis of objective criteria and
expressed as a percentage of the producer's eligible agri-
cultural area. That limit may vary from one regional
base area to another. Producers must be notified of that
limit by a given date before oilseed sowing commences.
Where any producers' applications for crop-specific
oilseeds area payments cover an area in excess of the
limit, the area over the limit must be excluded from the
application. The area on which area payments for land
set aside are payable may need to be reduced accord-
ingly.

In order to ensure that the area payment system func-
tions properly in respect of any given marketing year,
statistical monitoring must be carried out on the
application of the system for that year. For the purposes
of budget
forecasts at Community level, provisional
figures must be available by 15 September at the latest
of the year in progress. The date by which the definitive
rate of any overshoot is to be notified must be fixed. The
data serving as the basis for calculating any overshoots
in the base areas and in the maximum guaranteed areas
for durum wheat and any breakdown of the latter into
base sub-areas or regions must be available in good
time.

The scheme provided for by Regulation (EC) No 1251/
1999 will apply as from marketing year 2000/01. In
order for the producers concerned to be able to sow as
well as carry out the possible set-aside and submit their
area payment applications for the said marketing year in
the knowledge of and in compliance with the rules for
the application of the new scheme, the provisions of the
present Regulation should enter into force as soon as it
is published in the Official
the European
Communities.

Journal of

(20)

(21)

(22)

The Management Committee for Cereals has not deliv-
ered an opinion within the time limit
set by its
chairman,

HAS ADOPTED THIS REGULATION:

CHAPTER I

Eligibility for area payments

SECTION I

G e n e r a l p r o v i s i o n s

Article 1

(1) OJ L 362, 27.12.1990, p. 28.
(2) OJ L 158, 8.7.1995, p. 13.
(3) OJ L 355, 5.12.1992, p. 1.
(4) OJ L 127, 21.5.1999, p. 4.

1.
Area payments as provided for in Regulation (EC) No
1251/1999 shall be granted in accordance with the conditions
laid down in this Regulation.

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In a given marketing year, no more than one application
2.
for an area payment may be made in respect of any cultivated
parcel.

In duly substantiated special cases, the limit laid down in the
first subparagraph may be revised in accordance with the
procedure laid down in Article 23 of Council Regulation (EEC)
No 1766/92 (6).

3.
No area payment may be granted on any cultivated parcel
which is covered in respect of the same marketing year by an
application for area-based aid under a scheme financed under
Article 1(2)(b) of Council Regulation (EC) No 1258/1999 (1)
for arable crops other than those covered by Regulation (EC)
No 1251/1999.

Article 2

1.
For the purposes of Article 7 of Regulation (EC) No
1251/1999, the definitions of ‘permanent pasture’, ‘permanent
crops’, ‘multi annual crops’ and ‘restructuring programme’ shall
be those set out in Annex I.

Land on which aid has been granted under Title I of
2.
Council Regulation (EEC) No 2328/91 (2) or under Council
Regulation (EEC) No 3766/91 (3) or, in the case of Finland and
Sweden, land set aside under a national set-aside scheme shall
be considered eligible for area payments.

3.
Areas newly declared eligible by the Member States under
a restructuring programme must not exceed the area newly
declared ineligible under that programme by more than 5 %.
However, the following shall not be taken into account when
the abovementioned increase is determined:

(a) in the new German Länder, 2 500 ha affected by the
restructuring of agricultural
land in the period from 1
January to 30 June 1992 and planted with arable crops for
harvest in 1993;

(b) the remaining land covered by plans for the grubbing-up of
wine-growing areas for the 1991/92 wine year approved
before 31 December 1991 under Council Regulations (EEC)
No 1442/88 (4) and No 2239/86 (5) and carried out
within the time limits laid down therein.

Pursuant to the third paragraph of Article 7 of Regulation
4.
(EC) No 1251/1999, the Member States may not increase their
total eligible agricultural area, either temporarily or perma-
nently, by more than 0,1 % of their total base area.

The Member States shall send the Commission an annual list of
authorisations issued pursuant to the third paragraph of Article
7 of Regulation (EC) No 1251/1999, specifying the number of
farmers, the areas concerned and the reasons.

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 218, 6.8.1991, p. 1.
(3) OJ L 356, 24.12.1991, p. 17.
(4) OJ L 132, 28.5.1988, p. 3.
(5) OJ L 196, 18.7.1986, p. 1.

5.
Cases as referred to in the fourth paragraph of Article 7
of Regulation (EC) No 1251/1999 shall be those where produ-
cers are able to give relevant, objective reasons for exchanging
ineligible land for eligible land on their holdings, provided that
the Member State has checked that there are no valid reasons
for refusing such exchanges, in particular from the viewpoint
of environmental risks. Under no circumstances may exchanges
result in any increase in the total area of eligible arable land on
the holding. The Member States shall provide for a system for
the prior notification and approval of such exchanges.

By 31 May at the latest each year, the Member States shall
submit plans to the Commission comprising a list of
the
criteria on the basis of which exchanges have been approved
and evidence to the effect that the total area of eligible land has
not increased as a result of such exchanges.

Article 3

Area payments for arable crops shall be paid solely on

1.
areas:

(a) located in regions declared by the Member State as climati-
cally and agriculturally suitable for growing arable crops.
The Member States shall have the power to decide that any
region is not suitable for producing certain arable crops;

(b) fully sown in accordance with local standards. Where
cereals are sown in a mixture with oilseeds or protein
plants, or where oilseeds are sown in a mixture with
protein plants, the lowest rate of area payment shall apply;

(c) on which the crop is maintained until at least the beginning
of flowering under conditions of normal growth. Crops of
oilseeds, protein plants, linseed and durum wheat must also
be cultivated in accordance with local standards at least
until 30 June prior to the marketing year in question,
unless they are harvested at full maturity before that date.
Protein plants may not be harvested until after the stage of
lactic ripeness;

(d) covered by applications in respect of at least 0,3 ha, each
parcel cultivated being larger than the minimum size fixed
by the Member State for the region concerned.

2. Where any producer's eligible areas are located in more
than one region of production, the amount payable shall be
determined by the location of each area covered by his applica-
tion.

(6) OJ L 181, 1.7.1992, p. 21.

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treat maize separately in regions
3. Member States that
where maize is grown principally for silage shall be authorised
to apply the yield for a feed grain in that region to all areas
under maize in the regions in question.

approved first buyer with a view to obtaining seeds
intended for a specified non-food use or for use as seed for
sowing to obtain such a crop.

SECTION 2

S p e c i a l p r o v i s i o n s c o v e r i n g c e r t a i n a r a b l e c r o p s

Article 4

1.
The Member States shall apply a quality policy in respect
of colza and rape seed by limiting areas eligible for area
payments to those sown with certified seed of double-zero (00)
varieties of colza and rape seed notified and entered as such in
the Common Catalogue of Varieties of Agricultural Plant
Species established by Directive 70/457/EEC prior to any
payment. Double-zero varieties shall be those producing seed
with a maximum glucosinolate content of 25 µmol/g at a
moisture content of 9 %, as determined by method EN ISO
9167-1: 1995, and an erucic acid content of not more than
2 % of the total fatty acid content, as determined by method
EN ISO 5508: 1995.

By way of derogation from paragraph 1, the Member
2.
States may include areas sown with one or more of
the
following categories of rape and colza seed among those
eligible for area payments:

(a) certified seed of double zero variety associations

the
components of which have been notified and entered
where appropriate as double zero in the Common Cata-
logue of Varieties of Agricultural Plant Species;

(b) seed harvested from certified seed grown on the same
holding of double zero varieties shown by analysis of a
representative sample taken by an approved agent of the
competent national authority to have a glucosinolate
content of no more than 18,0 µmol/g at a moisture
content of 9 %;

(c) seed of stocks registered, prior to sowing, for inspection
and control and intended to yield a crop for use as bree-
ders', pre-basic, basic or certified seed for sowing, research
or testing purposes to determine whether the stock may be
added to a Member State's national variety list and, subse-
quently,
to the Common Catalogue as a double zero
variety;

(d) certified seed of

the ‘Bienvenu’ and ‘Jet Neuf’ varieties
covered by a cultivation contract signed prior to sowing by
the producer and a buyer specially approved to that end by
the competent authority of the Member State, with a view
to obtaining seed for the production of oil intended for
specified uses in food or feed;

(e) seed of stocks with an erucic acid content of more than
40 % of the total fatty acid content and covered by a
cultivation contract concluded, prior to sowing, with an

3. Where Member States consider areas sown with seed as
referred to in paragraph 2(b) as eligible, prior to sowing they
shall take all measures necessary to determine that such seed
meets the requirements. The glucosinolate content may be
determined by method EN ISO 9167-1: 1995(x) or method EN
ISO 9167-2: 1997. The former method shall be the sole
method used for settling disputes as to glucosinolate content.

For the 2000/01 marketing year, areas sown with certi-
4.
fied seed of varieties and variety associations listed in Annex II
to Regulation (EC) No 658/96 shall also be eligible for area
payments.

5.
For the purposes of Article 10(9) of Regulation (EC) No
1251/1999, varieties of sunflower seed that constitute confec-
tionery sunflower seed shall be as listed in Annex II.

Article 5

‘Sweet lupins’ means those varieties of lupins producing seed
comprising not more than 5 % bitter seeds. The bitter seed
content shall be calculated in accordance with the test set out
in Annex III.

Article 6

1.
For the purposes of the first paragraph of Article S of
Regulation (EC) No 1251/1999, producers of durum wheat in
the zones listed in Annex II to that Regulation shall receive the
supplement to the area payment within the maximum guaran-
teed area set out in Annex III to that Regulation.

For the purposes of Annex II to Regulation (EC) No 1251/
1999, Pannonia in Austria shall comprise the zones listed in
Annex IV to this Regulation.

2. Where the maximum guaranteed area is distributed
among the production zones and production regions as
provided for in the third paragraph of Article 5 of Regulation
(EC) No 1251/1999, the following provisions shall apply:

(a) if any production region is less than 500 ha in area, the
Member States concerned may join the region in question
to an adjacent production region;

(b) in Italy, account may be taken of the areas traditionally
sown to durum wheat and set aside under the five-year
scheme from 1993 to 1997;

(c) by 15 September at

the latest of

the marketing year
preceding that
in respect of which the area payment
application is made, the Member States concerned shall
notify the producers and the Commission of the distribu-
tion of the maximum guaranteed area.

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Special aid as provided for in the fourth paragraph of
3.
Article 5 of Regulation (EC) No 1251/1999 shall be granted in
the zones listed in Annex V to this Regulation for up to the
maximum number of hectares set out in Annex IV to Regula-
tion (EC) No 1251/1999 in respect of any parcel eligible for
the payment for areas under arable crops provided for in
Article 1 of that Regulation and sown to durum wheat.

For the purposes of granting aid for durum wheat as
4.
referred to in paragraphs 1 and 3,
‘area’ aid applications as
referred to in Article 4 of Commission Regulation (EEC) No
3887/92 (1) must contain all information required for identi-
fying parcels sown to durum wheat and must be accompanied
by proof that certified seed has been used.

Aid applications in respect of durum wheat shall be valid only
where:

(a) an area payment application is submitted in respect of the

same number of hectares under durum wheat;

(b) seed certified in accordance with Council Directive 66/

402/EEC (2) is used.

The Member States shall fix the minimum quantity of
5.
certified seed to be used in accordance with agricultural
practice in the Member State concerned.

A transitional period of up to three years commencing on 1
July 1998 may be allowed for the quantity of such seed used to
reach the minimum, in accordance with the specific measures
notified to the Commission by the Member States by 30 June
1998 at the latest.

6.
The supplement to the area payment and the special aid
for durum wheat shall be paid at the same time as the area
payment.

Article 7

For the purposes of Article 1(3) of Regulation (EC) No
1.
1251/1999,
‘silage grass’ means the crop grown on areas
mainly sown to herbaceous grasses and harvested green at least
once a year with a view to preservation in an enclosed environ-
ment by anaerobic fermentation.

The provisions of this Regulation, with the exception of
2.
the condition relating to flowering in Article 3(1)(c), shall apply
to silage grass.

Producers in the Member States that make provision for a
3.
specific area for silage grass as set out in Annex VI shall be
eligible for area payments in respect of silage grass.

(1) OJ L 391, 31.12.1992, p. 36.
(2) OJ 125, 11.7.1966, p. 2309/66.

CHAPTER II

Base areas and reference yields

SECTION 1

G e n e r a l p r o v i s i o n s

Article 8

The base areas as referred to in Articles 2 and 3 of Regulation
(EC) No 1251/1999 shall be as set out in Annex VI.

Article 9

1. Where regionalisation plans provide for different yields
for irrigated and non-irrigated land in accordance with Article
3(3) of Regulation (EC) No 1251/1999, the Member States
lay down rules to determine whether or not areas are
shall
irrigated in the course of a marketing year. They shall
in
particular lay down:

(a) a list of arable crops on which area payments may be

granted at the rate for the irrigated yield;

(b) a description of the irrigation equipment which the farmer
such equipment must be
must have at his disposal;
commensurate with the area concerned and must allow for
the supply of the water needed for the normal development
of plants during their growth cycle;

(c) the relevant irrigation period.

2.
Paragraph 1 shall not apply where irrigation is a histor-
ical feature linked to the parcels and allows them to be distin-
guished and listed, like ‘regadío’ production regions in Spain.

SECTION 2

A r e a o v e r s h o o t

Article 10

For

the competent authority of

the purposes of determining any overshoots in
1.
regional base areas in accordance with Article 2(4) of Regula-
tion (EC) No 1251/1999,
the
Member State shall take account, on the one hand, of the
regional base area fixed in Annex VI and, on the other hand, of
the sum of areas covered by applications for area payments
submitted in respect of each crop, including the corresponding
compulsory set-aside. Any voluntary set-aside shall be included
with areas other than irrigated, other than under maize and/or
other than under silage grass.

The sum of

2.
the areas covered by aid applications
submitted shall not include areas, or parts thereof, covered by
applications that administrative checks show to be clearly
unjustified.

Where applicable, the area actually determined during on-the-
spot checks pursuant to Article 6 of Regulation (EEC) No
3887/92 shall count.

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Areas sown to arable crops in accordance with Regula-
3.
tion (EC) No 1251/1999 and used in support of aid applica-
tions under Council Regulation (EC) No 1254/1999 (1) shall
be added to the sum of the areas covered by applications
submitted, adjusted in accordance with paragraph 2.

(a) the national base area to be subdivided;

(b) the criteria used by the Member State to establish the

sub-base areas;

(c) the sub-base areas (number, name and size);

The overshoot shall be calculated in accordance with the

4.
table in Annex VII.

(d) the detailed rules for concentrating measures applicable in

case of overshoot.

Article 11

SECTION 3

1.
For the purposes of determining any overshoot in the
maximum guaranteed area for durum wheat eligible for the
supplement to the area payment, the competent authorities of
the Member States shall take account, on the one hand, of the
maximum guaranteed area laid down in Annex III to Regula-
tion (EC) No 1251/1999, where applicable distributed among
the regions, and, on the other hand, of the sum of the areas
covered by applications for the supplement to area payments
in respect of durum wheat, adjusted in accordance with Article
10(2) of this Regulation and, where applicable, reduced in
accordance with Article 2(4) of Regulation (EC) No 1251/1999.

Paragraph 1 shall apply for the purposes of determining
2.
any overshoot in the maximum guaranteed areas eligible for
the special aid for durum wheat set out
in Annex IV to
Regulation (EC) No 1251/1999.

Article 12

1. Where the areas referred to in Articles 10 and 11 are
found to be exceeded, the Member State concerned shall, by 31
October of the marketing year in question, determine the defin-
itive rate of overshoot truncated to two decimal points.

2.
The definitive rate of overshoot thus determined shall be
used to calculate the proportional reduction in the area eligible
for:

(a) the area payment in accordance with the first subparagraph

of Article 2(4) of Regulation (EC) No 1251/1999;

(b) the supplement

thereto and the special aid for durum
wheat, once the first subparagraph of Article 2(4) of Regu-
lation (EC) No 1251/1999 has been applied.

Article 13

O v e r s h o o t

i n r e f e r e n c e y i e l d

Article 14

For the purposes of Article 3(7) of Regulation (EC) No 1251/
1999, the summary statements of aid applications and the
yields pertaining thereto shall be those forwarded by Member
States in accordance with Article 26 of this Regulation.

For that purpose, the reference yields shall be those set out in
Annex VIII to this Regulation.

Article 15

For the purposes of calculating the average yield resulting from
the
aid applications in respect of a given marketing year,
following procedure shall apply:

(a) the areas shall firstly be reduced proportionately, where
appropriate, in accordance with the first subparagraph of
Article 2(4) of Regulation (EC) No 1251/1999;

(b) the average cereals yield for the region shall be used for
areas under oilseeds where payments for the 2000/01 and
2001/02 marketing years are based on the historical
regional yields for oilseeds;

(c) the average cereals yield for non-irrigated land in the region
shall be used for areas under arable crops that are declared
as forage areas for the purposes of premiums for beef and
sheep.

Article 16

Before 31 May each year, the Commission shall carry out a
comparative examination of the information referred to in
Articles 14 and 15 and shall fix the relevant correcting coeffi-
cients in accordance with the procedure laid down in Article
23 of Regulation (EEC) No 1766/92.

For the purposes of Article 2(6) of Regulation (EC) No 1251/
1999, the Member States shall, by 15 September at the latest of
the marketing year in respect of which the area payment is
applied for, determine the following and shall notify the
Commission thereof:

(1) OJ L 160, 26.6.1999, p. 21.

Article 17

The coefficients referred to in Article 16 shall apply to all area
payments in the Member State or region in which the base area
in question is located, with the exception of the supplement to
the area payment and the special aid for durum wheat.

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30. 10. 1999

CHAPTER III

Set-aside

Article 18

Paragraphs 3 and 4 shall not apply to areas set aside or
5.
afforested pursuant to Articles 22, 23, 24 and 31 of Regulation
(EC) No 1257/1999 and counting for the purposes of compul-
sory set-aside where such land proves to be incompatible with
the environmental or afforestation requirements laid down in
those Articles.

‘Set-aside’ means leaving fallow an area that in the preceding
year was:

Article 20

(a) cultivated with a view to a harvest, or

(b) set aside in accordance with Regulation (EEC) No 1765/92

or Regulation (EC) No 1251/1999, or

(c) withdrawn from the production of arable crops or affor-
ested in accordance with Council Regulation (EEC) No
2078/92 (1) and Council Regulation (EEC) No 2080/
92 (2), respectively or under Articles 22, 23, 24 and 31 of
Council Regulation (EC) No 1257/1999 (3).

Article 19

1.
Areas set aside in accordance with this Chapter must
cover a single area at least 0,3 ha in size and at least 20 m
wide.

The Member States may accept:

(a) smaller areas involving whole parcels with permanent

boundaries such as walls, hedges or watercourses;

(b) whole parcels less than 20 m wide in regions where

parcels of that size are traditional;

(c) parcels at least 10 m wide alongside permanent water-
courses or lakes and subject to special controls aiming in
particular to ensure compliance with environmental objec-
tives.

2.
Areas set aside must so remain for a period commencing
on 15 January at the latest and ending on 31 August at the
earliest. However, the Member States shall lay down the condi-
tions under which producers may be authorised to sow seed
from 15 July for harvesting in the following year and the
conditions to be met in order for grazing to be authorised from
15 July in Member States where transhumance is practised
traditionally.

3.
Areas set aside may not be used for agricultural produc-
tion of any sort other than as provided for in Article 6(3) of
Regulation (EC) No 1251/1999 or used for any lucrative
purpose incompatible with the growing of arable crops.

4.
The Member States shall apply suitable measures compat-
ible with the specific situation of areas set aside in order to
ensure they are maintained and the environment is protected.
Such measures may also involve green cover; in that case, the
measures must ensure that the green cover cannot be used for
seed production and that it cannot under any circumstances be
used for agricultural purposes before 31 August or, before 15
January thereafter, to produce crops for marketing.

(1) OJ L 215, 30.7.1992, p. 85.
(2) OJ L 215, 30.7.1992, p. 96.
(3) OJ L 160, 26.6.1999, p. 80.

For the purposes of Article 6(6) of Regulation (EC) No
1.
1251/1999,
the set-aside
the Member States may grant
payment on a multiannual basis for a period up to five
marketing years.

2. Without prejudice to Article 2(4) of Regulation (EC) No
1251/1999 and to any subsequent
increase in the basic
amounts fixed in Article 4(3) thereof, producers who undertake
to set aside the same parcels for the period referred to in
paragraph 1 shall receive the area payment for that period,
calculated on the basis of the basic amount and the yields in
the regionalisation plan in force at the time of their under-
taking.

3. Where producers deliberately go back on their undertak-
ings in their ‘area’ aid applications before the period referred to
in paragraph 1 expires, they must reimburse 5 % of the area
payment in respect of the previous marketing year on areas
withdrawn from their undertaking, multiplied by the number
of years in which they have failed to fulfil
their original
commitment.

4.
Producers who opt for the arrangement provided for in
paragraph 2 may go back on their undertakings without incur-
ring the penalty provided for in paragraph 3:

(a) where they decide to set aside or afforest the areas in
question under a scheme provided for in Articles 22, 23,
24 and 31 of Regulation (EC) No 1257/1999;

(b) in special cases authorised by the Member States and
entailing a change in farm structure beyond the producer's
control, such as reparcelling.

5. Where, as the result of a change in farm structure during
the period covered by the undertaking, the area set aside under
this Article exceeds the percentage limit laid down by the
Member States pursuant to Article 6(5) of Regulation (EC) No
1251/1999 at the time of such undertaking, the areas covered
by the undertaking shall be adjusted in accordance with that
limit.

Article 21

1. Where the declared area set aside is smaller than the area
corresponding to the percentage of compulsory set-aside laid
down for the marketing year in question, the area on which
producers of arable crops subject to the set-aside obligation are
eligible for area payments shall be calculated on the basis of the
declared set-aside area and the percentages of the various crops,
including silage grass; it may not however be reduced to an
area less than that required to produce 92 t of cereals as
referred to in Article 6(7) of Regulation (EC) No 1251/1999.

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Official Journal of the European Communities

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The cereal production referred to in paragraph 1 shall be
2.
calculated on the basis of the yield used for the area payments.
If the Member State has chosen to use the historical regional
yields for oilseeds,

it shall be multiplied by 1,95.

producers in the zones concerned to 15 June at the latest or to
the final date for sowing, whichever occurs earlier.

Article 22

In the case of Portugal,
in accordance with Article 6(4) of
Regulation (EC) No 1251/1999, the area payment for compul-
sory set-aside shall be increased by the amounts shown in
Annex IX. Those amounts shall be financed in accordance with
Article 5 of Regulation (EEC) No 3653/90.

Article 23

1.
‘Area’ aid applications as referred to in Regulation (EEC)
No 3887/92 shall be broken down by region in accordance
with Article 3 of Regulation (EC) No 1251/1999.

2.
For each area payment application in a given region of
production, there must be a corresponding set-aside declaration
in respect of at least the corresponding number of hectares in
the same region of production.

3.
A derogation from paragraph 2 may be provided for in
accordance with objective criteria laid down by the Member
State.

4.
By way of derogation from paragraph 2, the compulsory
set-aside corresponding to an application for area payment
submitted may be effected in whole or in part:

(a) in Spain,

in the ‘secano’ region in the case of holdings

situated in ‘secano’ and ‘regadío’ production regions;

(b) in another region of production, provided that the areas to
be set aside are located in regions of production adjacent to
those in which the cultivated areas are situated.

5. Where paragraphs 3 and 4 are applied, the area to be set
aside must be adjusted to take account of
the difference
between the yields used to calculate the payment in respect of
set-aside in the regions concerned. However, the application of
this paragraph must not lead to fewer hectares being set aside
than the obligation requires.

CHAPTER IV

Special provisions

Article 24

By way of derogation from Article 8(2) of Regulation (EC) No
1251/1999, the Member States may defer the final date for
sowing to no later than 15 June for the crops listed in Annex X
to be defined by the Member States
and in the zones,
concerned,

located in the regions specified in that Annex.

Where the deferment of the final date for sowing concerns all
arable crops, the Member States may also put back the closing
date for the submission of area payment applications by the

Article 25

1.
The limit provided for in Article 10(7) of Regulation (EC)
No 1251/1999 shall be set taking account of the national
reference area and the total area of eligible agricultural land and
with the objective of avoiding planting on a scale that would
result in excessive reductions in the crop-specific oilseeds area
payment.

The limit and the criteria applied to establish it shall be
2.
notified to the Commission at the earliest possible date and by
31 July at the latest of the marketing year prior to that covered
by the area payment application.

3. With a view to assessing producers' eligibility for area
payments, the competent authorities shall check whether their
laid down. Any land
aid applications fall within the limit
covered by
area
applications
payments in excess of the limit shall be disallowed.

crop-specific oilseeds

for

4.
In cases where disallowance of areas pursuant to para-
graph 3 means that the area set aside by a producer exceeds
the limit laid down in Article 6(5) of Regulation (EC) No
1251/1999 and applicable in the Member State concerned, the
area set aside and covered by the area payment application
shall be reduced so that it does not exceed that limit.

Any land disallowed under producers'

‘area’ aid applica-
5.
tions pursuant to paragraphs 3 and 4 shall not count for the
purposes of Article 2(4) and (6) of Regulation (EC) No 1251/
1999.

CHAPTER V

Final provisions

Article 26

Notifications

1.
The Member States shall send the Commission the infor-
mation to be provided in tables as described in Annex XI in the
standardised format described therein, by production region,
base area and country, in accordance with the following time-
table:

(a) by 15 September of the marketing year in progress: data
obtained taking into account controls and checks already
carried out;

(b) by the following 31 October at the latest: definitive data
corresponding to those used to calculate the definitive rate
of overshoot referred to in Article 12; and

(c) by the following 15 February at the latest: the final data
corresponding to the areas for which aid has actually been
paid, after the reductions in area provided for in Article 9
of Regulation (EEC) No 3887/92 have been deducted.

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Official Journal of the European Communities

30. 10. 1999

2. Where the areas referred to in Articles 10 and 11 are
found to have been exceeded, the Member State concerned
shall notify the Commission of the definitive rate of the over-
shoot immediately and at the latest by 31 October of the
marketing year in progress. The data used to calculate the rate
by which a base area is exceeded shall be forwarded using the
form in Annex VII.

3. Where the rate of overshoot is distributed in accordance
with Article 2(6) and the third paragraph of Article 5 of
Regulation (EC) No 1251/1999, the Member State concerned
shall notify the Commission of such distribution by 31
October at the latest.

Commission within one month of their adoption or amend-
ment.

Article 28

Regulations (EEC) No 2467/92, (EEC) No 2836/93, (EC) No
762/94, (EC) No 1098/94, (EC) No 1237/95, (EC) No 658/96
and (EC) No 1577/98 shall be repealed with effect from 1 July
2000.

References to the repealed regulations shall be construed as
references to this Regulation.

Article 29

Article 27

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

The Member States shall adopt the measures necessary for the
application of this Regulation and shall notify them to the

It shall apply to the support for producers of certain arable
crops in respect of the 2000/01 and following marketing years.

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

Done at Brussels, 22 October 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

L 280/53

ANNEX I

(Article 2(1))

DEFINITIONS

1. Permanent pasture

Non-rotational

land used for grass production (sown or natural) on a permanent basis (five years or longer).

2. Permanent crops

Non-rotational crops other than permanent pasture that occupy the land for five years or longer and yield repeated
harvests, with the exception of multiannual crops.

3. Multiannual crops

CN code

0709 10 00

Artichokes

0709 20 00

Asparagus

ex 0709 90 90

Rhubarb

0810 20

0810 30

0810 40

Raspberries, blackberries, mulberries and loganberries

Black-, white- or redcurrants and gooseberries

Cranberries, bilberries and other fruits of the genus Vaccinium

4. Restructuring programme

Change to the structure and/or eligible area of a holding imposed by the public authorities.

L 280/54

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Official Journal of the European Communities

30. 10. 1999

ANNEX II

(Article 4(5))

Confectionery sunflower seed varieties

Agripro 3450

Agrosur

Interstate (IS)8004

Kelisur

Dahlgren D-131 (Toma)

Royal Hybrid 381

Dahlgren D-151

Dahlgren D-171

Dahlgren D-181

Dahlgren 954

Dahlgren D-1950

Dahlgren D-1998

Diset

Hagen Seed SG 9011

Hagen Seed SG 9054

Hagen Seed SG 9211

Royal Hybrid 2141

Royal Hybrid 3801

Royal Hybrid 3831

Royal Hybrid 4381

RRC 995

RRC 2211

RRC 2232

RRC 4211

SIGCO 826

SIGCO 828

SIGCO 829

SIGCO 830

SIGCO 954

SIGCO 964

SIGCO 974

SIGCO 995

Toma

Triumph 660C

Triumph 505C+

Triumph 520C

Triumph 515C

USDA Hybrid 924

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Official Journal of the European Communities

L 280/55

ANNEX III

(Article 5)

TEST FOR BITTER LUPINS

To be performed on a sample of 200 grains taken from a batch of 1 kg from each lot of 20 t maximum.

The test is intended solely to provide qualitative evidence of the presence of bitter grains in the sample. The homogeneity
tolerance is 1 grain per 100. Use the Grain-Cut method according to Von Sengbusch (1942), Ivanov and Smirnova (1932)
and Eggebrecht (1949). Cut the dry or swollen grains crosswise. Place the half-grains in a sieve and dip in an iodine
solution for ten seconds, then rinse under water for five seconds. The cut surfaces of bitter grains turn brown while those
low in alkaloids remain yellow.

To prepare the iodine solution, dissolve 14 g of potassium iodate in as little water as possible, add 10 g of iodine and
dilute to 4 000 cm3. Leave the solution to stand for one week before use. Store in brown bottles. Dilute the stock
solution to three to five times its initial volume before using.

L 280/56

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Official Journal of the European Communities

30. 10. 1999

ANNEX IV

(Article 6(1), second subparagraph)

ZONES ELIGIBLE FOR THE SUPPLEMENT FOR DURUM WHEAT IN AUSTRIA

Pannonia:

1. Gebiete der Bezirksbauernkammern

2046 Atzenbrugg

2054 Baden

2062 Bruck/Leitha

2089 Ebreichsdorf

2101 Gänserndorf

2241 Hollabrunn

2275 Kirchberg/Wagram

2305 Korneuburg

2321 Laa/Thaya

2330 Langenlois

2364 Marchfeld

2399 Mistelbach

2402 Mödling

2470 Poysdorf

2500 Ravelsbach

2518 Retz

2551 Schwechat

2585 Tulln

2623 Wr. Neustadt

2631 Wolkersdorf

2658 Zistersdorf

2. Gebiete der Bezirksreferate

3018 Neusiedl/See

3026 Eisenstadt

3034 Mattersburg

3042 Oberpullendorf

3. Gebiete der Landwirtschaftskammer

1007 Wien

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Official Journal of the European Communities

L 280/57

ANNEX V

(Article 6(3))

ZONES ELIGIBLE FOR THE SPECIAL AID FOR DURUM WHEAT

GERMANY:

Kreise und Kreisfreie Städte:

Baden-Württemberg:

Stadt Stuttgart, Ludwigsburg, Rems-Murr-Kreis, Stadt Heilbronn, Heilbronn, Hohenlohekreis, Main-Tauber-Kreis, Stadt
Karlsruhe, Karlsruhe, Stadt Baden-Baden, Rastatt, Stadt Heidelberg, Stadt Mannheim, Rhein-Neckar-Kreis, Stadt Pforzheim,
Enzkreis, Ortenaukreis.

Bayern:

Stadt Ingolstadt, Dachau, Eichstätt, Freising, Fürstenfeldbrück, Neuburg-Schrobenhausen, Pfaffenhofen a.d.Ilm, Kelheim,
Stadt Ansbach, Ansbach, Neustadt-Bad Winsheim, Stadt Aschaffenburg, Aschaffenburg, Bad Kissingen, Rhön-Grabfeld,
Haßberge, Kitzingen, Main-Spessart, Stadt Schweinfurt, Schweinfurt, Stadt Würzburg, Würzburg.

Rheinland-Pfalz:

Ahrweiler, Stadt Koblenz, Mayen-Koblenz, Bad Kreuznach, Rhein-Lahn-Kreis, Westerwald-Kreis, Bernkastel-Wittlich,
Bitburg-Prüm, Daun, Trier-Saarburg, Stadt Trier, Stadt Frankenthal, Landau i.d.P., Ludwigshafen, Mainz, Neustadt/Weinstr.,
Speyer, Worms, Alzey-Worms, Bad Dürkheim, Donnersbergkreis, Germersheim, Südl. Weinstraße, Ludwigshafen, Mainz-
Bingen.

Hessen:

Stadt Frankfurt/Main, Wiesbaden, Bergstraße, Stadt Darmstadt, Darmstadt-Dieburg, Groß-Gerau, Hochtaunuskreis, Main-
Kinzig-Kreis, Main-Taunus-Kreis, Stadt Offenbach, Offenbach, Rheingau-Taunus-Kreis, Wetteraukreis, Lahn-Dill-Kreis,
Limburg-Weilburg.

Saarland:

Stadt Saarbrücken, Merzig-Wadern, Neunkirchen, Saarlouis, Sankt Wendel.

Sachsen:

Mittweida, Muldentalkreis.

Sachsen-Anhalt:

Bernburg, Köthen, Burgenlandkreis, Mansfelder Land, Merseburg-Querfurt, Saalkreis, Sangerhausen, Aschersleben-
Straßfurt, Halberstadt, Jerichower Land, Quedlinburg, Schönebeck.

Thüringen:

Unstrut-Hainich-Kreis, Kyffhäuserkreis, Gotha, Sömmerda, Hildburghausen, Stadt Weimar, Weimarer Land, Altenburger
Land, Stadt Erfurt.

SPAIN

Comarcas agrícolas

Almazán (SO), Bajo Aragón (TE), Campiña (GU), Campo de Gómara (SO), Centro (AB), El Cerrato (P), Hoya de Huesca
(HU), La Montaña (A), Las Vegas (M), Logrosán (CC), Monegros (HU), Noroeste (MU), Requena-Utiel (V), Rioja Baja (LO),
Segría (L), Sierra Rioja Baja (LO), Sur (VA), Suroeste y Valle de Guadalentín (MU), Trujillo (CC), Urgel (L), Valle de Ayora
(V).

FRANCE

Départements

Aisne, Aube, Charente, Charente-Maritime, Cher, Deux-Sèvres, Essonne, Eure, Eure-et-Loir, Indre, Indre-et-Loire, Loir-et-
Cher, Loiret, Lot-et-Garonne, Maine-et-Loire, Marne, Nièvre, Orne, Sarthe, Seine-et-Marne, Vendée, Vienne, Yonne,
Yvelines.

ITALY

Province

Alessandria, Bologna, Brescia, Cremona, Ferrara, Forlì, Gorizia, Lodi, Mantova, Milano, Modena, Padova, Parma, Pavia,
Piacenza, Pordenone, Ravenna, Reggio Emilia, Rimini, Rovigo, Torino, Treviso, Udine, Venezia, Vercelli, Verona, Vicenza.

UNITED KINGDOM

England.

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Official Journal of the European Communities

30. 10. 1999

ANNEX VI

(Article 8)

BASE AREAS

Region

All crops

of which maize

of which silage grass

(1 000 ha)

BELGIUM

Total

Zone I

DENMARK

GERMANY

Schleswig-Holstein

Hamburg

Niedersachsen

Bremen

Nordrhein-Westfalen

Rheinland-Pfalz

Hessen

Baden-Württemberg

Bayern

Saarland

Berlin

Brandenburg

Mecklenburg-Vorpommern

Sachsen

Sachsen-Anhalt

Thüringen

GREECE

Zone I

Zone II

SPAIN

Regadío

Secano

FRANCE

Total

Base area for maize

Irrigated base area

IRELAND

ITALY

478,6

2 018,0

97,0

10 155,6 (3)

540,3 (3)

505,6

5,1

1 424,4

1,8

948,3

368,4

461,2

735,4

1 775,9

36,5

2,9

888,5

967,9

598,8

880,7

554,2

1 396,3

95,4

1 371,1

7 848,6

122,1

418,2

218,0

4,1

403,4

13 526,0

1 209,7 (2)

345,5

5 801,2

613,8 (2)

0,2

1 200,0

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Official Journal of the European Communities

L 280/59

Region

All crops

of which maize

of which silage grass

(1 000 ha)

LUXEMBOURG

NETHERLANDS

AUSTRIA

PORTUGAL

Açores

Madeira

— Regadío

— Other

Continental

— Regadío

— Other

FINLAND

SWEDEN

UNITED KINGDOM

England

Scotland

Northern Ireland

Wales

42,8

436,5

1 203,0

9,7

0,31

0,30

293,4

718,0

1 591,0

1 737,0

3 794,6

551,6

52,9

61,4

208,3

0,29

221,4

33,2 (1)

1,2 (1)

200,0

130,0

(1) With the exception of sweetcorn.
(2) Including 284 000 ha irrigated maize.
(3) Where Article 2(6) of Regulation (EC) No 1251/1999 is applied.

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Official Journal of the European Communities

30. 10. 1999

ANNEX VII

(Article 10(4))

CALCULATION OF OVERSHOOT OF BASE AREA ON . . / . . / . . . .

Member State:
Base area:
Set-aside rate:

Area actually found

small producers in
accordance with
Article 6(7) of
Regulation (EC) No
1251/1999

other producers

Product:

All cereals
Irrigated
Non-irrigated
Maize
Other than maize
Silage grass

Cereals
Oilseeds
Protein plants
Linseed
Silage grass
Voluntary set-aside

Total = 1 + 2 + 3 + 4 + 5 + 6

Cereals
Oilseeds
Protein plants
Linseed
Silage grass
Total crops = 8 + 9 + 10 + 11 + 12

Voluntary set-aside
Compulsory set-aside

Total set-aside = 14 + 15
Total (crops + set-aside) = 13 + 16

forage (beef-sheep)

Total for products concerned

Grand total for applications = 7 + 17 + 18

BASE AREA

Any balance from another base area

Base area applicable = 20 + 21

Overshoot or deficit

Overshoot as percentage = (19/22 – 1)

1
2
3
4
5
6
7

8
9
10
11
12
13
14
15
16
17

18

19

20

21

22

23

24

ha
ha
ha
ha
ha
ha
ha

ha
ha
ha
ha
ha

ha
ha
ha
ha

ha

ha

ha

ha

ha

ha

%

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Official Journal of the European Communities

L 280/61

ANNEX VIII

(Article 14, second paragraph)

REFERENCE YIELDS AS REFERRED TO IN ARTICLE 3(7) OF REGULATION (EC) No 1251/1999

Belgium

Denmark

Germany

— Schleswig-Holstein

— Hamburg

— Niedersachsen

— Bremen

— Nordrhein-Westfalen

— Hessen

— Rheinland-Pfalz

— Baden-Württemberg

— Bayern

— Saarland

— Berlin

— Brandenburg

— Mecklenburg-Vorpommern

— Sachsen

— Sachsen-Anhalt

— Thüringen

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Portugal

United Kingdom

Austria

Sweden

Finland

6,24

5,22

5,66 (1)

6,81

6,01

5,33

5,34

5,81

5,50

4,78

5,48

5,94

4,38

4,52

4,54

5,45

6,23

6,14

6,13

3,39

2,9

6,02

6,08

3,9

4,26

6,66

2,90

5,83

5,27

4,02

2,82

(1) Where Article 2(6) of Regulation (EC) No 1251/1999 is applied.

L 280/62

EN

Official Journal of the European Communities

30. 10. 1999

ANNEX IX

(Article 22)

SUPPLEMENT FOR SET-ASIDE IN PORTUGAL

(EUR)

Marketing year

2000/01

2001/02

2002/03

Supplementary payment

9,64

6,57

3,41

30. 10. 1999

EN

Official Journal of the European Communities

L 280/63

ANNEX X

(Article 24, first paragraph)

Latest date for sowing: 15 June

Crop

Member State

Region

All crops

Finland

Sweden

Whole territory

Whole territory

Sweetcorn

All Member States

Whole territory

L 280/64

EN

Official Journal of the European Communities

30. 10. 1999

ANNEX XI

(Article 26(1))

INFORMATION TO BE COMMUNICATED TO THE COMMISSION

The information is to be presented in the form of a series of tables drawn up in accordance with the model described
below:

— a first set of tables giving information at production region level within the meaning of Article 3 of Regulation (EC)

No 1251/1999,

— a second set of tables giving information in respect of each base area region within the meaning of Annex VI to this

Regulation,

— a single table summarising the information for each Member State.

The tables are to be sent in hard copy and in computerised form.

Formulae for areas:

5 = 1 + 2 + 3 + 4
10 = 7 + 8 + 9
14 = 15 + 16
19 = 5 + 10 + 11 + 12 + 13 + 14 + 18

Notes:

Each table must quote the region in question.

The yield is that used for calculating area payments in accordance with Regulation (EC) No 1251/1999.

The distinction between ‘non-irrigated’ and ‘irrigated’ land should only be made in the case of regions containing both. In
that case:

d = e + f
j = k + l

Line 1 relates only to durum wheat eligible for the supplement to the area payment provided for in the first paragraph of
Article 5 of Regulation (EC) No 1251/1999.

Line 2 relates only to durum wheat eligible for the special aid referred to in the fourth paragraph of Article 5 of
Regulation (EC) No 1251/1999.

Line 17 relates only to areas set aside or afforested under Articles 22, 23, 24 and 31 of Council Regulation (EC) No
1257/1999 and counting as arable land set aside under Article 6(8) of Regulation (EC) No 1251/1999.

Line 18 corresponds to the areas referred to in the second indent of Article 2(4) of Regulation (EC) No 1251/1999.

Information must also be forwarded in respect of producers not applying for the per hectare aid under the support system
for certain arable crops (Regulation (EC) No 1251/1999). This information, to be given under ‘Other’ in columns ‘m’ and
‘n’, mainly relates to arable crops declared as fodder area for beef and sheep premiums.

Line 21 concerns land set aside for the production of non-food crops and not qualifying for payments under the rules
implementing Article 6(3) of Regulation (EC) No 1251/1999 (e.g. sugarbeet, Jerusalem artichokes and chicory roots).

30. 10. 1999

EN

Official Journal of the European Communities

L 280/65

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