Commission Regulation (EC) No 1157/2001 of 13 June 2001 amending 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 and derogating from Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes
Date: 2001-06-13
Institutions: European Commission
Subjects: aid per hectare, cereals, leguminous vegetable, oleaginous plant, production aid, set-aside

L 157/8

EN

Official Journal of the European Communities

14.6.2001

COMMISSION REGULATION (EC) No 1157/2001

of 13 June 2001

amending 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
and derogating from Regulation (EEC) No 3887/92 laying down detailed rules for applying the
integrated administration and control system for certain Community aid schemes

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
1038/2001 (2), and in particular Article 9 thereof,

Having regard to Council Regulation (EEC) No 3508/92 of 27
November 1992 establishing an integrated administration and
control system for certain Community aid schemes (3), as last
amended by Regulation (EC) No 495/2001 (4), and in particular
Article 12 thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 2316/1999 (5), as last
amended by Regulation (EC) No 556/2001 (6),
lays
down detailed rules for the application of Regulation
(EC) No 1251/1999 as
for
granting area payments on certain arable crops and sets
out the conditions governing set-aside.

the conditions

regards

Article 3(1)(c) of Regulation (EC) No 2316/1999 stipu-
lates that the areas concerned must be cultivated, until at
least the beginning of flowering, under conditions of
normal growth or until 30 June in the case of certain
crops, until after the stage of lactic ripeness in the case
of protein plants and for at least 10 days after the end of
flowering in the case of hemp.

Experience has shown that in certain cases, as a result of
exceptional weather conditions, arable crops normally
cultivated do not reach those time limits. In order to
make farmers'
less dependent on weather
conditions, such areas should continue to be eligible
under certain conditions.

incomes

(3) With a view to preventing aid from being paid in combi-
nation on silage grass under different measures, culti-
vated parcels registered for the production of seed certi-

fied in accordance with Council Directive 66/401/EEC of
14 June 1966 on the marketing of fodder plant seeds (7),
as last amended by Directive 98/96/EC (8), should not be
eligible for area payments.

Regulation (EC) No 1038/2001 allows organic produ-
cers to use legume crops grown on areas set aside. Those
crops and the conditions governing the granting of the
aid should be stipulated.

If all producers are to be able to take advantage of the
possibility provided for in Regulation (EC) No 1038/
2001, a new time limit must be allowed for amending
applications for area payments as provided for in Article
4 of Commission Regulation (EEC) No 3887/92 (9), as
last amended by Regulation (EC) No 2721/2000 (10).

Council Regulation (EC) No 823/2001 of 24 April 2001
amending Regulation (EEC) No 738/93 amending the
transitional measures governing the common organ-
isation of the market in cereals and rice in Portugal as
provided for by Regulation (EEC) No 3653/90 (11) main-
tains for the 2001/02 marketing year the rate of the
special aid applying for 2000/01. For the sake of consis-
tency, the supplement to the aid for compulsory set-
aside in Portugal fixed in Regulation (EC) No 2316/1999
should be adjusted.

A new variety of flax grown for fibre can be deemed
eligible for the aid. It should be added to the list of
varieties eligible under the aid scheme set out in Annex
XII to Regulation (EC) No 2316/1999.

To allow this new variety to be used in the 2001/02
marketing year, it should be incorporated retroactively
with effect
from 15 May 2001 in accordance with
Article 7a(1)(b) of Regulation (EC) No 2316/1999.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals and the Committee for the Euro-
pean Agricultural Guidance and Guarantee Fund,

(4)

(5)

(6)

(7)

(8)

(9)

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 145, 31.5.2001, p. 16.
(3) OJ L 355, 5.12.1992, p. 1.
(4) OJ L 72, 14.3.2001, p. 6.
(5) OJ L 280, 30.10.1999, p. 43.
(6) OJ L 82, 22.3.2001, p. 13.

(7) OJ 125, 11.7.1966, p. 2298/66.
(8) OJ L 25, 1.2.1999, p. 27.
(9) OJ L 391, 31.12.1992, p. 36.
(10) OJ L 314, 14.12.2000, p. 8.
(11) OJ L 120, 28.4.2001, p. 2.

14.6.2001

EN

Official Journal of the European Communities

L 157/9

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2316/1999 is hereby amended as follows:

1. The following paragraph 1a is inserted in Article 3:

‘1a
Notwithstanding paragraph 1(c), areas fully sown the
crops from which, cultivated in accordance with local stan-
dards, do not attain the time limits fixed for the various
types of crops in that paragraph as a result of exceptional
weather conditions recognised by the Member States shall
remain eligible for area payments provided that the areas in
question are not used for any other purpose up to those
time limits.’

2. The following sentence is added to Article 7(1):

‘Areas registered for growing grass seed certified in accord-
ance with Directive 66/401/EEC during the marketing year
in question shall not quality for area payments.’

3. The following Article 23a is inserted:

‘Article 23a

1.
For the purposes of applying the second indent of
Article 6(3) of Regulation (EC) No 1251/1999, “fodder
legume crop” means an area sown with one or more
species listed in Annex XIV. Sowing in a mixture with
cereals and/or grasses shall be allowed on condition that:

(a) the area is sown mainly with fodder legumes;

(b) they cannot be harvested separately.

Where specific regional environmental standards established
by the Member States for organic crops set a ceiling on area
sown with fodder legumes, the condition concerning areas
sown mainly with fodder legumes laid down in (a) shall be
met if at least 85 % of the limit fixed by the Member States
is complied with.

Areas on which fodder legume crops as referred to in
2.
paragraph 1 qualify between 15 January and 31 August
under the aid scheme provided for in Council Regulation
(EC) No 603/95 of 21 February 1995 on the common
organisation of the market in dried fodder (*) shall not
qualify for area payments.

(*) OJ L 63, 21.3.1995, p. 1.’

4. In Annex IX, the figure ‘6,57’ for the supplement in euro
for 2001/02 is replaced by

for set-aside in Portugal
‘9,64’.

5. Annex XI is replaced by Annex I hereto.

6. In point 1 of Annex XII,

‘Rosalin’

is added to the vari-

eties of flax grown for fibre.

7. A new Annex XIV is added, containing the text shown

in Annex II hereto.

Article 2

Notwithstanding Article 4(2)(a) of Regulation (EEC) No
3887/92, area aid applications submitted in respect of the
2001/02 marketing year and covering holdings complying
the provisions of Council Regulation (EEC) No
with all
2092/91 (1) may be amended to include new areas declared
as set-aside.

Amendments declarations must be lodged by 1 July 2001 at
the latest.

Article 3

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

It shall apply from the 2001/02 marketing year. Article 1(2)
shall apply from the 2002/03 marketing year.

Article 1(6) shall apply from 15 May 2001.

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

Done at Brussels, 13 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 198, 22.7.1991, p. 1.

L 157/10

EN

Official Journal of the European Communities

14.6.2001

ANNEX I

‘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

16 = 17 + 18

21 = 5 + 10 + 11 + 12 + 13 + 14 + 15 + 16 + 20

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 “irrigated” and “non-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 provided for in the fourth paragraph of Article 5 of
Regulation (EC) No 1251/1999.

Line 19 relates only to areas set aside or afforested under Articles 22, 23, 24 and 31 of Regulation No 1257/1999 and
counting as arable land set aside under Article 6(8) of Regulation (EC) No 1251/1999.

Line 20 corresponds to the areas referred to in the second subparagraph 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 forage areas for the purposes of obtaining premiums for the production of
beef/veal and sheepmeat.

Line 23 relates to land set aside for the production of non-food crops and on which no payments are made under the
rules implementing Article 6(3) of Regulation (EC) No 1251/1999 (e.g. sugarbeet, Jerusalem artichokes and chicory roots).

Line 24 relates to land set aside and used for growing fodder legumes in accordance with the second indent of Article 6(3)
of Regulation (EC) No 1251/1999.

Name of region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DATA

Application > 92 tonnes

Application > 92 tonnes

Other

Total number of applications =

Total number of applications =

Total number of applications =

Yield
(tonnes/hectare)

Total

non-
irrigated

irrigated

Total

Area
(hectares)

non-
irrigated

Yield
(tonnes/hectare)

irrigated

Total

non-
irrigated

irrigated

Total

Area
(hectares)

non-
irrigated

irrigated

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

Yield
(tonnes/hectare)

Area
(hectares)

Total

(m)

Total

(n)

Crop

Durum wheat (first paragraph of Article 5)

Durum wheat (fourth paragraph of Article 5)

Maize (separate base area)

Other cereals

Total cereals

— of which silage

Soya beans
Rapeseed
Sunflower

Total oilseeds

Total protein plants

Total linseed

Total flax grown for fibre

Total hemp grown for fibre

Silage grass

Total set-aside (Article 6)

— of which compulsory set-aside
— of which voluntary set-aside (Article 6(5))
— of which set-acide not paid under Article 6(8)

Arable crops declared as fodder areas for premiums
for bovine animals and sheep

Total

Non-food set-aside

— of which not paid

Set-aside used for fodder legumes

no

1

2

3

4

5
6

7
8
9

10

11

12

13

14

15

16
17
18
19

20

21

22
23

24’

.

.

1
4
6
2
0
0
1

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
C
o
m
m
u
n
i
t
i
e
s

L

1
5
7
/
1
1

L 157/12

EN

Official Journal of the European Communities

14.6.2001

ANNEX II

‘ANNEX XIV

Fodder legumes as referred to in Article 23a

CN code

0713 90

ex 1209 29 50

ex 1214 90 99

Vicia spp. excluding Vicia faba and Vicia sativa, harvested at
full maturity
Vicia

than harvested at

full maturity

sativa other

Lupinus spp. other than sweet lupins

Medicago spp.
Trifolium spp.
Lathyrus spp.
Melilotus spp.
Onobrychis spp.
Ornithopus sativus
Hedysarum coronarium
Lotus corniculatus
Galega orientalis
Trigonella foenum-graecum
Vigna sinensis’