Commission Regulation (EC) No 1471/2000 of 5 July 2000 derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 as regards eligibility for area payments
Date: 2000-07-05
Institutions: European Commission
Subjects: aid per hectare, aid system, destruction of crops, genetically modified organism, oil seed rape, utilised agricultural area

6.7.2000

EN

Official Journal of the European Communities

L 165/17

COMMISSION REGULATION (EC) No 1471/2000

of 5 July 2000

derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of
Council Regulation (EC) No 1251/1999 as regards eligibility for area payments

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), as amended by Regulation (EC) No
2704/1999 (2), and in particular Article 9 thereof,

destroy their rape plants and therefore cannot maintain
their rape crop at
least until 30 June 2000 or the
beginning of flowering. So as not to unduly penalise
those producers, they should be authorised to derogate
from Article 3(1)(c) of Regulation (EC) No 2316/1999.

(3)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Cereals,

Whereas:

(1)

(2)

Commission Regulation (EC) No 2316/1999 (3)
lays
down detailed rules for the application of Regulation
(EC) No 1251/1999 as
regards eligibility for area
payments. Article 3(1)(c) provides in particular that area
payments for arable crops are to be paid solely on areas
on which the crop is maintained until at least the begin-
ning of flowering under conditions of normal growth. It
further provides that for oilseeds, protein plants, linseed
and durum wheat, crops must also be cultivated at least
until 30 June prior to the marketing year in question.

As a result of the mixing of rape seed with genetically
modified rape seed not covered by an authorisation
within the meaning of Council Directive 90/220/EEC of
23 April 1990 on the deliberate release into the environ-
ment of genetically modified organisms (4), as
last
amended by Commission Directive 97/35/EC (5),
for
reasons beyond their control some producers must

HAS ADOPTED THIS REGULATION:

Article 1

Article 3(1)(c) of Regulation (EC) No 2316/1999 notwith-
standing, for the 2000/01 marketing year, areas under rape
seed mixed with genetically modified rape seed, not covered by
an authorisation within the meaning of Directive 90/220/EEC
on which the rape plants have been destroyed before 30 June
2000 or prior to the beginning of flowering where it occurs
after 30 June, shall continue to be eligible for the area
payment.

Article 2

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

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

Done at Brussels, 5 July 2000.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 327, 21.12.1999, p. 12.
(3) OJ L 280, 30.10.1999, p. 43.
(4) OJ L 117, 8.5.1990, p. 15.
(5) OJ L 169, 27.6.1997, p. 72.