Commission Regulation (EC) No 210/2003 of 3 February 2003 derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 with regard to set-aside as a result of the adverse weather conditions in some Community regions
Date: 2003-02-03
Institutions: European Commission
Subjects: atmospheric conditions, derogation from EU law, land use, set-aside

4.2.2003

EN

Official Journal of the European Union

L 28/33

COMMISSION REGULATION (EC) No 210/2003

of 3 February 2003

derogating from Regulation (EC) No 2316/1999 laying down detailed rules for the application of
Council Regulation (EC) No 1251/1999 with regard to set-aside as a result of the adverse weather
conditions in some Community regions

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)

(3)

Eligibility for the area aid under the general scheme
referred to in Article 2(3) of Regulation (EC) No 1251/
1999 is subject to an obligation to set land aside.

The detailed rules of application fixed by Commission
Regulation (EC) No 2316/1999 (3), as last amended by
Regulation (EC) No 327/2002 (4), stipulate that the set
aside period must begin no later than 15 January and
that no agricultural production is authorised on the land
set aside.

As a result of adverse weather conditions the producers
some Member States cannot
in various
regions of
their sugar and
harvest notably potatoes, maize or
fodder beet before 15 January 2003, on lands to be set
aside in the 2003/2004 marketing year. Under the
circumstances, and as an exceptional measure, where
growers so request they should be authorised to harvest
their crops no later than 28 February 2003 without this

affecting recognition of the lands in question as properly
set aside, provided that they prove that the applicable
conditions have been complied with.

(4)

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

Where a producer, upon application to the
authority of the Member State concerned, can prove that:

competent

— harvesting could not take place before 15 January 2003 as
a result of adverse weather conditions or delayed sowing,

— harvesting was done no later than 28 February 2003,

— all the other conditions applying to set-aside land have been

complied with,

the lands in question shall be considered, notwithstanding
Article 19(2) and (3) of Regulation (EC) No 2316/1999, as
properly set-aside for the 2003/04 marketing year.

Article 2

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

It shall apply from 15 January 2003.

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

Done at Brussels, 3 February 2003.

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 51, 22.2.2002, p. 14.