Commission Regulation (EC) No 1697/2001 of 27 August 2001 derogating from Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops, as regards the area payments for certain arable crops and the payments for set-aside for the 2001/02 marketing year to producers in Portugal and to certain producers in Spain
Date: 2001-08-27
Institutions: European Commission
Subjects: Portugal, Spain, aid per hectare, cereals, production aid, set-aside

L 230/6

EN

Official Journal of the European Communities

28.8.2001

COMMISSION REGULATION (EC) No 1697/2001

of 27 August 2001

derogating from Council Regulation (EC) No 1251/1999 establishing a support system for produ-
cers of certain arable crops, as regards the area payments for certain arable crops and the payments
for set-aside for the 2001/02 marketing year to producers in Portugal and to certain producers in
Spain

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,

producers operating under the simplified system as
referred to in Article 6(7) of Regulation (EC) No 1251/
1999, most of whom are small producers.

(6)

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

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

Under the third indent of
the second paragraph of
the
Article 9 of Regulation (EC) No 1251/1999,
Commission may allow Member States, subject to the
budgetary situation, to authorise, by way of derogation
from Article 8(1), payments prior to 16 November (the
normal payment date) in certain regions of up to 50 %
of the area payments and the payment for set-aside in
years in which exceptional climatic conditions have so
reduced yields that producers face severe financial diffi-
culties.

The production of arable winter crops in Spain and
Portugal has been affected by severe winter rains and by
dry winds associated with exceptionally high tempera-
tures during and after the flowering period. This excep-
tional situation has resulted in an exceptionally low
average yield.

Some producers are in severe financial difficulties as a
result.

This being the case in Portugal, and in view of the
budgetary situation, that country should be authorised
to make, before 16 November 2001, advance payments
of area aid for cereals other than maize and advance
payments of set-aside aid for the 2001/02 marketing
year.

Article 1

1.
By way of derogation from Article 8(1) of Regulation (EC)
No 1251/1999, an advance payment in respect of the 2001/02
marketing year amounting to 50 % of the area payments for
cereals, other than maize, and 50 % of the payments for set-
aside may be made with effect from 1 September 2001 to
Portuguese producers and also to Spanish producers operating
under the simplified system referred to in Article 6(7) of Regu-
lation (EC) No 1251/1999 in the ‘secano’ regions.

2.
The advance payment provided for in paragraph 1 may
be paid only if, on the day of payment, the producer in
question is found to be eligible for it.

Spain and Portugal shall make the advance payment to

3.
producers no later than 15 October 2001.

4. When calculating the final area payment to the producers
who receive the advance, the competent authority shall take
account of:

(a) any reduction in the producer's eligible area;

(b) any advance paid under this Regulation.

(5)

In the case of Spain, the exceptional weather conditions
have sharply reduced yields in the ‘secano’ regions,
causing particularly severe financial difficulties for the

Article 2

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 145, 31.5.2001, p. 16.

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

28.8.2001

EN

Official Journal of the European Communities

L 230/7

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

Done at Brussels, 27 August 2001.

For the Commission

Franz FISCHLER

Member of the Commission