Commission Regulation (EC) No 1535/2002 of 28 August 2002 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 2002/2003 marketing year to producers in certain regions of Germany
Date: 2002-08-28
Institutions: European Commission
Subjects: aid per hectare, cereals, marketing, oleaginous plant, producer organisation, regional aid, regions of Germany, seed flax, set-aside

L 231/36

EN

Official Journal of the European Communities

29.8.2002

COMMISSION REGULATION (EC) No 1535/2002

of 28 August 2002

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 2002/2003 marketing year to producers in certain regions of Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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)

(3)

(4)

the second paragraph of
Under the third indent of
Article 9 of Regulation (EC) No 1251/1999,
the
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 floods in August 2002 have affected certain regions
in Germany. This exceptional situation has resulted in an
exceptionally low average yield.

Some producers are in severe financial difficulties as a
result.

This being the case in certain regions in Germany, and
in view of the budgetary situation, Germany should be
authorised to make, before 16 November 2002, advance
payments of area aid for cereals and advance payments
of set-aside aid for the 2002/2003 marketing year.

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
By way of derogation from Article 8(1) of Regulation (EC)
No 1251/1999, an advance payment in respect of the 2002/
the area
2003 marketing year amounting up to 50 % of
payments for cereals,
for durum
wheat, and up to 50 % of the payments for set-aside may be
made with effect from 1 September 2002 to producers in the
regions referred to in the Annex to this Regulation.

including the supplement

2.
Advance payments as provided for in paragraph 1 may
only be made where, on the date of payment, the producers in
question are not found to be ineligible.

Germany shall make the advance payment to producers

3.
no later than 15 October 2002.

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.

Article 2

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

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

Done at Brussels, 28 August 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 12.
(2) OJ L 145, 31.5.2001, p. 16.

29.8.2002

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Official Journal of the European Communities

L 231/37

ANNEX

DEUTSCHLAND

Brandenburg (Landkreise: Elbe-Elster, Havelland, Prignitz, Ostprignitz-Ruppin)

Mecklenburg-Vorpommern (Landkreis: Ludwigslust)

Niedersachsen (Landkreise: Gifhorn, Göttingen, Goslar, Helmstedt, Northeim, Osterode am Harz, Peine, Wolfenbüttel,
Region Hannover, Diepholz, Hameln-Pyrmont, Hildesheim, Holzminden, Nienburg/Weser, Schaumburg, Celle, Cuxhaven,
Harburg, Lüchow-Dannenberg, Lüneburg, Osterholz, Rothenburg/Wümme, Soltau-Fallingbostel, Stade, Uelzen, Verden;
Kreisfreie Städte: Braunschweig, Salzgitter, Wolfsburg)

Sachsen (gesamtes Bundesland)

Sachsen-Anhalt (Landkreise: Stendal, Jerichower Land, Köthen, Bördekreis, Schönebeck, Ohrekreis, Anhalt-Zerbst, Witten-
berg, Bernburg, Bitterfeld, Halberstadt, Quedlinburg, Wernigerode, Salzwedel; Kreisfreie Städte: Magdeburg, Dessau)

Schleswig-Holstein (Landkreis: Herzogtum-Lauenburg)

Thüringen (Landkreis: Altenburger Land)