Commission Regulation (EC) No 394/2001 of 27 February 2001 amending Regulation (EEC) No 2700/93 on detailed rules for the application of the premium in favour of sheepmeat and goatmeat producers
Date: 2001-02-27
Institutions: European Commission
Subjects: EU aid, aid system, goat, less-favoured region, sheep, utilised agricultural area

28.2.2001

EN

Official Journal of the European Communities

L 58/9

COMMISSION REGULATION (EC) No 394/2001

of 27 February 2001

amending Regulation (EEC) No 2700/93 on detailed rules for the application of the premium in
favour of sheepmeat and goatmeat producers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2467/98 of 3
November 1998 on the common organisation of the market in
sheepmeat and goatmeat (1), as amended by Regulation (EC) No
1669/2000 (2), and in particular Article 5(9) thereof,

Having regard to Council Regulation (EEC) No 3493/90 of 27
November 1990 laying down general rules for the granting of
premiums to sheepmeat and goatmeat producers (3), as last
amended by Regulation (EC) No 2825/2000 (4) and in partic-
ular Article 2(4) thereof,

comply with,
made applicable from the beginning of
marketing year.

it is appropriate that this Regulation is
the 2001

(5)

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

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

Council Regulation (EEC) No 1323/90 of 14 May 1990
instituting specific aid for sheep and goat farming in
certain less-favoured areas of the Community (5), as last
amended by Regulation (EC) No 193/98 (6), grants
specific aid to producers located in less-favoured areas,
as defined in 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 and repealing certain regula-
tions (7).

The definition of a producer in a less-favoured area set
down in Article 2(2) of Regulation (EEC) No 3493/90
has been amended to mean any producer of sheepmeat
or goatmeat whose holding is located in the areas
defined pursuant to Article 17 of Regulation (EC) No
1257/1999, or whose holding has at least 50 % of its
area which is used for agriculture situated in such areas.

It is therefore necessary to amend Commission Regula-
tion (EEC) No 2700/93 (8), as last amended by Regula-
tion (EC) No 1410/1999 (9), in order to bring it into line
with the amended definition of a producer in a less-
favoured area.

The amendment of Regulation (EEC) No 3493/90
entered into force on 23 December 2000. Because the
amendment makes the rules easier for the farmer to

(1) OJ L 312, 20.11.1998, p. 1.
(2) OJ L 193, 29.7.2000, p. 8.
(3) OJ L 337, 4.12.1990, p. 7.
(4) OJ L 328, 23.12.2000, p. 1.
(5) OJ L 132, 23.5.1990, p. 17.
(6) OJ L 20, 27.1.1998, p. 18.
(7) OJ L 160, 26.6.1999, p. 80.
(8) OJ L 245, 1.10.1993, p. 99.
(9) OJ L 164, 30.6.1999, p. 53.

Article 1a of Regulation (EEC) No 2700/93 is replaced by the
following:

‘Article 1a

Application for specific aid in certain less-favoured areas
(Regulation (EEC) No 1323/90):

1. In order to benefit from the specific aid provided for in
Article 1 of Regulation (EEC) No 1323/90, a producer
fullfilling the conditions
laid down in the second
subparagraph of Article 2(2) of Regulation (EEC) No
3493/90:

(a) who is required to submit each year a declaration of
the total utilised agricultural area of his holding, by
means of an “area” aid application form, as provided
for in Article 4 of Regulation (EEC) No 3887/92
laying down detailed rules for applying the inte-
grated administration and control system for certain
Community aid schemes,
indicate in that
declaration those parcels which are located in less-
favoured areas and are used for agriculture;

shall

(b) who is not

required to submit

the declaration
referred to under (a), shall submit each year a
specific declaration using, where appropriate,
the
system for identifying agricultural parcels provided
for under the integrated system. That declaration
shall indicate the location of all the land he owns,
indi-
rents or uses under whatever arrangements,
cating its area and detailing those parcels which are
located in less-favoured areas and are used for agri-
culture. Member States may provide for the specific
declaration to be included in the application for the
ewe and/or goat premium.

L 58/10

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Official Journal of the European Communities

28.2.2001

2. The competent national authority may demand presen-
tation of a property deed, a rental contract or a written
agreement between producers and, where appropriate,
an attestation from the local or regional authority which
has made land used for agriculture available to the
indicate the
producer concerned. The attestation shall
area of land granted to the producer and the parcels
located in less-favoured areas.

3. The Member States may demand that,

in the case
referred to in paragraph 1(b), the specific declaration be
made by means of an “area” aid application form.

4. Member States shall inform the Commission before 30
June of each marketing year of the number and regional
location of
the producers justifying their claim to
premium by means of the attestation referred to in
paragraph 1(b).

5. The producer's “area” declaration and specific declara-
tion must be checked in accordance with Articles 6 and
7 of Regulation (EEC) No 3887/92. The areas actually
determined by the abovementioned procedure shall be
used for calculating the percentage of the area of the
holding used for agriculture located in less-favoured
areas in relation to the total area of the farm which is
being used for agriculture.

6. Where the abovementioned documents as presented by
the farmer indicate that at least 50 % of the area used
for agriculture is located in less-favoured areas, but
the
where on the occasion of a check or control
percentage actually determined is below 50 %,
the
specific aid shall not be paid and the ewe premium shall
be reduced by a percentage equivalent to the difference
between the percentage actually determined and 50 %.

However, in the case of a false declaration made intention-
ally or as a result of serious negligence:

— the producer in question shall be excluded from the
ewe/goat premium scheme for the marketing year in
question, and,

— in the case of a false declaration made intentionally,
from that scheme for the following marketing year.

The reduction shall not be applied if the producer can
show that determination of the area was based on informa-
tion recognised by the competent authority.’

Article 2

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

It shall apply from the beginning of the 2001 marketing year.

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

Done at Brussels, 27 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission