Commission Regulation (EC) No 1035/2003 of 17 June 2003 amending 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
Date: 2003-06-17
Institutions: European Commission
Subjects: aid system, aid to agriculture, oil seed rape, production aid

L 150/24

EN

Official Journal of the European Union

18.6.2003

COMMISSION REGULATION (EC) No 1035/2003

of 17 June 2003

amending 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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

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,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

Commission Regulation (EC) No 2316/1999 (3), as last
amended by Regulation (EC) No 335/2003 (4), lays down
detailed rules for applying Regulation (EC) No 1251/
1999 with respect to the conditions for granting area
payments for certain arable crops and lays down the
conditions for set-aside.

Under Community policy to improve quality, the elig-
ibility of claimants of area payments for rape and colza
seed is limited to those who have used quality seed of
the specified varieties. To determine the eligible varieties,
reference is made to the common catalogue of varieties
of agricultural plant
species established by Council
Directive 2002/53/EC (5). The time limit for continued
eligibility of varieties removed from the common cata-
logue should be specified.

(3)

New varieties of flax grown for fibre may be considered
eligible. These should be included in the list of varieties
eligible for the support system in Annex XII to Regula-
tion (EC) No 2316/1999.

Article 1

Regulation (EC) No 2316/1999 is hereby amended as follows:

1. Article 4(1) is replaced by the following:

‘1.
The Member States shall apply a quality policy in
respect of colza and rape seed by limiting areas eligible for
area payments to those sown with certified seed of double-
zero (00) varieties of colza and rape seed notified and
entered as such in the common catalogue of varieties of
agricultural plant species established by Council Directive
2002/53/EC (*) prior to any payment. Where a variety is
removed from the common catalogue, it shall continue to
be eligible until 30 June of the third year following that in
which it was included at the latest. Double-zero varieties
shall be those producing seed with a maximum glucosino-
late content of 25 µmol/g at a moisture content of 9 %, as
determined by method EN ISO 9167-1: 1995, and an erucic
acid content of not more than 2 % of the total fatty acid
content, as determined by method EN ISO 5508: 1995.

(*) OJ L 193, 20.7.2002, p. 1.’

2. The flax varieties ‘Alizée’ and ‘Drakkar’ grown for fibre are

inserted in point 1 of Annex XII.

(4)

Regulation (EC) No 2316/1999 should therefore be
amended accordingly.

(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 49, 22.2.2003, p. 3.
(5) OJ L 193, 20.7.2002, p. 1.

Article 2

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

Article 1(2) shall apply from the 2003/04 marketing year.

18.6.2003

EN

Official Journal of the European Union

L 150/25

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

Done at Brussels, 17 June 2003.

For the Commission

Franz FISCHLER

Member of the Commission