Commission Regulation (EC) No 1577/2003 of 8 September 2003 derogating from Council Regulation (EC) No 1251/1999 as regards area payments for certain arable crops and payments for set-aside for the 2003/04 marketing year to producers in certain regions of the Community
Date: 2003-09-08
Institutions: European Commission
Subjects: aid per hectare, crop production, derogation from EU law, production aid, set-aside

9.9.2003

EN

Official Journal of the European Union

L 225/3

COMMISSION REGULATION (EC) No 1577/2003

of 8 September 2003

derogating from Council Regulation (EC) No 1251/1999 as regards area payments for certain arable
crops and payments for set-aside for the 2003/04 marketing year to producers in certain regions of
the Community

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 the fourth indent of the second
paragraph of Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 8(1) of Regulation (EC) No 1251/1999 provides
that area payments are to be made from 16 November
following the harvest.

Certain regions of the Community have been adversely
affected by extreme weather in 2003, resulting in excep-
tionally low average yields.

Some producers are experiencing severe financial diffi-
culties as a result.

In the light of the situation in certain regions of the
Community and the budgetary situation, the Member
States concerned should be authorised to make, from 16
October 2003 onwards and subject to a limit of 50 %,
advance area payments for arable crops and advance
payments for set-aside for the 2003/04 marketing year.

In view of the urgent nature of the measures to be
adopted, provision should be made for this Regulation
to enter into force immediately.

(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 2003/04
marketing year of up to 50 % of the area payments for arable
crops and of up to 50 % of the payments for set-aside may be
made from 16 October 2003 to producers in the Member
States or regions listed in the Annex.

2.
The advance payment provided for in paragraph 1 may
be made only where, on the date of payment, the producer
concerned is found to be eligible.

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

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

Done at Brussels, 8 September 2003.

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.

L 225/4

EN

Official Journal of the European Union

9.9.2003

France: Departments concerned

01 AIN

03 ALLIER

04 ALPES-DE-HAUTE-PROVENCE

05 HAUTES-ALPES

07 ARDÈCHE

09 ARIÈGE

11 AUDE

12 AVEYRON

13 BOUCHES-DU-RHÔNE

15 CANTAL

16 CHARENTE

17 CHARENTE-MARITIME

18 CHER

19 CORRÈZE

21 CÔTE-D'OR

23 CREUSE

24 DORDOGNE

25 DOUBS

26 DRÔME

28 EURE-ET-LOIRE

30 GARD

31 HAUTE-GARONNE

32 GERS

36 INDRE

37 INDRE-ET-LOIRE

38 ISÈRE

39 JURA

40 LANDES

41 LOIR-ET-CHER

42 LOIRE

43 HAUTE-LOIRE

ANNEX

45 LOIRET

46 LOT

47 LOT-ET-GARONNE

48 LOZÈRE

49 MAINE-ET-LOIRE

52 HAUTE-MARNE

54 MEURTHE-ET-MOSELLE

55 MEUSE

57 MOSELLE

58 NIÈVRE

63 PUY-DE-DÔME

64 PYRÉNÉES-ATLANTIQUES

65 HAUTES-PYRÉNÉES

67 BAS-RHIN

68 HAUT-RHIN

69 RHÔNE

70 HAUTE-SAÔNE

71 SAÔNE-ET-LOIRE

73 SAVOIE

74 HAUTE-SAVOIE

79 DEUX-SÈVRES

81 TARN

82 TARN-ET-GARONNE

83 VAR

84 VAUCLUSE

85 VENDÉE

86 VIENNE

87 HAUTE-VIENNE

88 VOSGES

89 YONNE

44 LOIRE-ATLANTIQUE

90 TERRITOIRE DE BELFORT

The whole of Italy, the Netherlands, Portugal, Germany and Spain