Commission Regulation (EC) No 1393/2001 of 9 July 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 as regards set-aside in certain areas of France
Date: 2001-07-09
Institutions: European Commission
Subjects: derogation from EU law, flood, land use, production aid, regions of France, set-aside

10.7.2001

EN

Official Journal of the European Communities

L 187/29

COMMISSION REGULATION (EC) No 1393/2001

of 9 July 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 as regards set-aside in certain areas of France

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,

Whereas:

(1)

(2)

Commission Regulation (EC) No 2316/1999 (3), as last
amended by Regulation (EC) No 1157/2001 (4),
lays
down detailed rules for the application of Regulation
(EC) No 1251/1999 as
for
granting area payments and in particular for set-aside.

the conditions

regards

Article 19(2) and (3) of Regulation (EC) No 2316/1999
provides that areas set aside must so remain for a period
commencing on 15 January at the latest and ending on
31 August at the earliest, and that they may not be used,
save as otherwise provided, for agricultural production
or any lucrative purpose. The floods in certain areas of
France in April and May 2001 have affected supplies of
fodder and have made producers vulnerable to heavy
losses of income by compelling them to sell their live-
stock if the normal feed cannot be provided. Temporary
alternatives should therefore be offered by authorising
the use of land set aside under the arable-crop scheme in
duly justified cases having regard to objective criteria
and on condition that at least 27 % of the forage area of
the holding in question has been flooded, provisin none-

theless being made for measures to ensure that the land
is not used for any lucrative purpose.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
For the 2001/02 marketing year, notwithstanding Article
19(2) and (3) of Regulation (EC) No 2316/1999, land declared
as set aside in the departments listed in the Annex hereto may
be used for feeding livestock in duly justified cases having
regard to objective criteria and on condition that at least 27 %
of the forage area of the holdings in question has been flooded.

2.
France shall take all measures necessary to ensure that the
land set aside is not used for any lucrative purpose and shall in
particular make sure that the products harvested on the land in
question are excluded from the aid scheme for dried fodder
provided for in Council Regulation (EC) No 603/95 (5).

Article 2

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

It shall apply from 15 June 2001.

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

Done at Brussels, 9 July 2001.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 145, 31.5.2001, p. 16.
(3) OJ L 280, 30.10.1999, p. 43.
(4) OJ L 157, 14.6.2001, p. 8.

(5) OJ L 63, 21.3.1995, p. 1.

L 187/30

EN

Official Journal of the European Communities

10.7.2001

FRANCE

The following departments:

Loire-Atlantique

Calvados

Maine-et-Loire

Haute-Saône

Indre

Mayenne

Indre-et-Loire

Côte-d'Or

Aisne

Somme

Pas-de-Calais

Loir-et-Cher

Morbihan

Nord

ANNEX

Cher

Charente-Maritime

Sarthe

Vendée

Eure

Nièvre

Val-d'Oise

Yonne

Seine-Maritime

Rhône

Yvelines

Saône-et-Loire

Oise

Ille-et-Vilaine