Commission Regulation (EC) No 1818/2002 of 11 October 2002 derogating from Council Regulation (EC) No 1251/1999 as regards the area payments for certain arable crops and the payments for set-aside for the 2002/2003 marketing year to producers established in the territory of Ireland and Northern Ireland
Date: 2002-10-11
Institutions: European Commission
Subjects: Ireland, Northern Ireland, aid per hectare, cereals, derogation from EU law, marketing, production aid, set-aside

12.10.2002

EN

Official Journal of the European Communities

L 276/19

COMMISSION REGULATION (EC) No 1818/2002

of 11 October 2002

derogating from Council Regulation (EC) No 1251/1999 as regards the area payments for certain
arable crops and the payments for set-aside for the 2002/2003 marketing year to producers estab-
lished in the territory of Ireland and Northern Ireland

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 second paragraph,
fourth indent thereof,

Whereas:

Article 8(1) of Regulation (EC) No 1251/1999 foresees
the payments of
from 16
November following the harvest.

the area payments as

(6)

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, including payments for set-aside may be made with
effect from 16 October 2002 to producers established in the
territory of Ireland and Northern Ireland.

Excessive rainfalls have affected Ireland and Northern
Ireland in summer 2002. This exceptional situation has
resulted in an exceptionally low average yield.

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

Producers are in severe financial difficulties as a result.

This being the case in Ireland and Northern Ireland and
in view of the budgetary situation, Ireland and United
Kingdom should be authorised to make, prior to 16
November 2002, advance payments of area aid for
cereals and advance payments of set-aside aid for the
2002/2003 marketing year.

3. When calculating the final area payment to the producers
who receive the advance provided for in paragraph 1, 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

(1)

(2)

(3)

(4)

(5)

In view of the urgent adoption of the measure, this
Regulation should enter into force immediately.

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, 11 October 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.