Council Regulation (EC) No 1449/2001 of 28 June 2001 amending Regulation (EEC) No 1600/92 concerning specific measures for the Azores and Madeira relating to certain agricultural products as regards the structural measures
Date: 2001-06-28
Institutions: Council of the European Union
Subjects: Azores, Madeira, Structural Funds, agricultural product, aid to agriculture, regional aid

21.7.2001

EN

Official Journal of the European Communities

L 198/5

COUNCIL REGULATION (EC) No 1449/2001

of 28 June 2001

amending Regulation (EEC) No 1600/92 concerning specific measures for the Azores and Madeira
relating to certain agricultural products as regards the structural measures

THE COUNCIL OF THE EUROPEAN UNION,

some structural aid provided for in Regulation (EC) No
1257/1999.

Having regard to the Treaty establishing the European
Community, and in particular Articles 37 and 299(2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Parliament (2),

Having regard to the opinion of
Committee (3),

the Economic and Social

Having regard to the opinion of Committee of the Regions,

Whereas:

(1)

(2)

(3)

(4)

for

and

amending

rural development

Council Regulation (EC) No 1257/1999 of 17 May
1999 on support
from the
European Agricultural Guidance and Guarantee Fund
(EAGGF)
certain
Regulations (4) lays down rural development measures
that may be granted Community support and sets out
for obtaining such support. That
the
Regulation acknowledges
the
outermost regions, adjustments and derogations may be
envisaged to meet the specific needs of those regions.

in the case of

conditions

repealing

that,

and

Article 299(2) of the Treaty recognises, moreover, the
constraints
regions, which
include the Azores and Madeira.

affecting the outermost

Regulation (EEC) No 1600/92 (5) seeks to remedy the
handicaps due to the remote and insular nature of these
regions.

structures of

The
certain agricultural holdings or
processing and marketing enterprises located in these
regions show serious shortcomings and are beset with
specific difficulties. Provision should accordingly be
made for derogations for certain types of investments
from the provisions limiting or preventing the grant of

(1) OJ C 96 E, 27.2.2001, p. 275.
(2) Opinion delivered on 14 June 2001 (not yet published in the

Official Journal).

(3) OJ C 139, 11.5.2001, p. 29.
(4) OJ L 160, 26.6.1999, p. 80.
(5) OJ L 173, 27.6.1992, p. 1. Regulation as

(5)

(6)

(7)

(8)

Article 29(3) of Regulation (EC) No 1257/1999 restricts
the grant of
forestry support to forests and wooded
areas belonging to private owners and municipalities
and associations thereof. Part of the forests and wooded
regions belong to public
areas
these
authorities other
circumstances,
the conditions laid down in the said
Article should be made more flexible.

than municipalities. Under

located in these

The Community financial contribution for three of the
accompanying measures referred to in Article 35(1) of
Regulation (EC) No 1257/1999 may amount
in the
outermost regions to up to 85 % of the total eligible
cost. On the other hand, in accordance with the third
indent of the second subparagraph of Article 47(2) of
Regulation (EC) No 1257/1999,
the Community
financial contribution for agri-environmental measures,
which constitutes the fourth accompanying measure,
shall be limited to 75 % for all areas covered by
In view of the importance attributed to
Objective 1.
the
agri-environment within
rural
the Community financial
the rate of
development,
all
for
be
should
contribution
accompanying measures in the outermost regions.

harmonised

context

of

Article 24(2) of Regulation (EC) No 1257/1999 and the
Annex thereto determine the maximum amounts per
year eligible for Community agri-environmental aid. To
take into account the specific environmental situation of
certain very sensitive pasture areas in the Azores and
the
the preservation of
and traditional
features of agricultural
land, in particular the areas of
terrace cultivation in Madeira, provision should be made
for
in the case of certain specific
measures, of increasing those amounts up to twofold.

the possibility,

landscape

Pursuant to Article 14 of Council Regulation (EC) No
1260/1999 of 21 June 1999 laying down general
provisions on the Structural Funds (6),
each plan,
Community support framework, operational programme
and single programming document shall cover a period
of seven years, and the programming period shall begin
on 1 January 2000. In the interests of cohesiveness and
the
to avoid discrimination between beneficiaries of

Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

(EC) No 1447/2001 (see p. 1 of this Official Journal).

last amended by

(6) OJ L 161, 26.6.1999, p. 1. Regulation as amended by Regulation

L 198/6

EN

Official Journal of the European Communities

21.7.2001

same programme, the derogations provided for in this
Regulation must, exceptionally, be applicable to the
whole programming period,

The

3.
restriction laid down in Article 29(3) of
apply to
Regulation (EC) No 1257/1999 shall not
subtropical forests or wooded areas located in the Azores
and Madeira.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1600/92 is hereby amended as follows:

The following Article 32 shall be inserted in Section 1 of Title
IV:

(cid:145)Article 32

1.
Notwithstanding Article 7 of Regulation (EC) No
1257/1999 (*), the total value of the aid, expressed as a
percentage of the volume of eligible investments, shall not
exceed 75 % for investments intended in particular to
encourage diversification, restructuring or a shift towards
sustainable agriculture on agricultural holdings of small
programme
economic
complement
referred to in Article 18(3) of Council
Regulation (EC) No 1260/1999 of 21 June 1999 laying
down general provisions on the Structural Funds (**).

in the

defined

size

be

to

the total value of

Notwithstanding Article 28(2) of Regulation (EC) No
2.
1257/1999,
the aid, expressed as a
percentage of the volume of eligible investments, shall not
exceed 65 % for investments in enterprises engaged in
processing and marketing agricultural products consisting
mainly of local produce in sectors to be defined in the
programme complement referred to in Article 18(3) of
Regulation (EC) No 1260/1999. The total value of the aid
for small and medium-sized enterprises, under the same
conditions, shall not exceed 75 %.

Notwithstanding the third indent of

the second
4.
subparagraph of Article 47(2) of Regulation (EC) No
1257/1999,
the
agri-environmental measures provided for in Articles 22 to
24 of that Regulation shall be 85 %.

contribution

Community

the

to

5.
Notwithstanding Article 24(2) of Regulation (EC) No
1257/1999, the maximum amounts per year eligible for
the Community aid provided for in the Annex to this
Regulation may be increased up to twofold in the case of
in the Azores and the
lakes
the measure to protect
measure to preserve the landscape and traditional features
of agricultural
land, in particular the conservation of the
stone walls supporting terraces in Madeira.

A summary description of

6.
the measures planned
under this Article shall be included in the operational
programmes for these regions referred to in Article 18 of
Regulation (EC) No 1260/1999.

(*) OJ L 160, 26.6.1999, p. 80.
(**) OJ L 161, 26.6.1999, p. 1. Regulation as amended by
Regulation (EC) No 1447/2001 (OJ L 198, 21.7.2001,
p. 1).(cid:146)

Article 2

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

This Regulation shall apply as from 1 January 2000.

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

Done at Luxembourg, 28 June 2001.

For the Council

The President

B. ROSENGREN