Commission Regulation (EC) No 946/2001 of 15 May 2001 derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops, with regard to set-aside
Date: 2001-05-15
Institutions: European Commission
Subjects: animal nutrition, derogation from EU law, food aid, foot-and-mouth disease, production aid, set-aside

L 133/8

EN

Official Journal of the European Communities

16.5.2001

COMMISSION REGULATION (EC) No 946/2001

of 15 May 2001

derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of
Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain
arable crops, with regard to set-aside

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 last amended by Regulation (EC) No
1672/2000 (2), and in particular Article 9 thereof,

Whereas:

March until 30 April 2001. In view of the persistence of
the situation, a new derogation should enter into force
immediately.

In addition,
these health
following the adoptions of
measures, certain producers cannot sow areas which
have been used for
feeding livestock. The national
authorities should therefore be allowed to accept these
areas as set-aside.

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

(7)

(8)

(1)

(2)

(3)

(4)

(5)

Eligibility for area aid under the general scheme referred
to in Article 2(3) of Regulation (EC) No 1251/1999 is
subject to an obligation to set land aside.

Article 19(2) and (3) of Commission Regulation (EC) No
2316/1999 (3), as last amended by Regulation (EC) No
556/2001 (4), stipulate that the set-aside period must
begin no later than 15 January and that no agricultural
production is authorised on the land set aside.

the spread of

As a result of the health measures taken by the national
foot-and-mouth
authorities to prevent
disease, movement of livestock may be restricted and the
slaughter of non-affected livestock cannot continue at
the usual
rate. Consequently, an exceptionally high
number of animals will have to be kept and fed on
holdings for a certain time.

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding Article 19(2) and (3) of Regulation (EC) No
in duly justified cases,
2316/1999, Member States may,
authorise producers in areas subject
to restrictions on the
movement of livestock because of outbreaks of foot-and-mouth
disease:

(a) to use set-aside land for sheltering and feeding livestock
from 1 May 2001 until the end of a period of 30 days after
the lifting of the restrictions;

All measures should be adopted to ensure that in doing
this animal welfare conditions are respected.

(b) to declare as set-aside,

land which has been used for
feeding livestock between 15 January 2001 and the begin-
ning of the health measure restrictions.

The temporary use of land set aside under the arrange-
ments for arable crops could ease this situation. The
national authorities should therefore be permitted,
in
duly justified cases, to authorise the temporary use of
set-aside land following the entry into force of restric-
tions on movement. Measures should, however, be
adopted to ensure that use of the land concerned is not
lucrative.

(6)

The situation described above has been taken into
account by Commission Regulation (EC) No 575/
2001 (5). This Regulation covers the period from 1

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 193, 29.7.2000, p. 13.
(3) OJ L 280, 30.10.1999, p. 43.
(4) OJ L 82, 22.3.2001, p. 13.
(5) OJ L 85, 24.3.2001, p. 6.

Article 2

Member States shall take all the measures necessary to ensure
that the set-aside land is not put to any lucrative use.

Article 3

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

It shall apply to set-aside in respect of the 2001/02 marketing
year.

16.5.2001

EN

Official Journal of the European Communities

L 133/9

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

Done at Brussels, 15 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission