Commission Regulation (EC) No 1106/2004 of 11 June 2004 derogating, for the marketing year 2004/05, from Regulation (EC) No 2316/1999 as regards the use of land set aside in certain Member States
Date: 2004-06-11
Institutions: European Commission
Subjects: animal nutrition, derogation from EU law, set-aside, storage, wood product

L 211/12

EN

Official Journal of the European Union

12.6.2004

COMMISSION REGULATION (EC) No 1106/2004

of 11 June 2004

derogating, for the marketing year 2004/05, from Regulation (EC) No 2316/1999 as regards the use
of land set aside in certain Member States

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1251/1999 of 17
May 1999 establishing a support system for producers of
certain arable crops (1), and in particular Article 9 thereof,

could alleviate the situation by permitting the temporary
storage of the timber concerned. A derogation should
therefore be made from Regulation (EC) No 2316/
1999. Measures should, however, be adopted to ensure
that the land is made available on a non-lucrative basis.

(5)

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

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 2316/1999 of 22
October 1999 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 1251/1999 estab-
lishing a support system for producers of certain arable
crops (2) sets the terms on which area payments are
granted for certain arable crops. Under Article 19(2)
and (3) of Regulation (EC) No 2316/1999 areas set
aside must remain so for a period commencing on 15
January at the latest and ending on 31 August at the
earliest and, except as otherwise provided for, may not
be used for agricultural production or a lucrative
purpose.

In 2003, certain regions of
the Community have
experienced extreme drought that has seriously affected
fodder supplies, entailing extreme low farm stocks of
fodder at the end of the winter 2003.

A derogation from Regulation (EC) No 2316/1999
whereby the Member States affected may allow arable
crop set-aside land to be used for animal feed purposes
could reduce supply risks
campaign.
However, any lucrative utilisation of such land should
be effectively disallowed.

the next

for

Moreover, due to the drought, a higher forest stand than
usually has been affected by bark beetle and therefore
more storage capacity for the chopped down wood is
temporarily necessary. The use of land set aside under
the arable crop scheme for the marketing year 2004/05

1.
By way of derogation from Article 19(2) and (3) of Regu-
lation (EC) No 2316/1999, Member States may allow land
declared as set aside for the 2004/2005 marketing year to be
used for animal feed purposes in line with terms and criteria set
by them.

The Member States concerned shall

take all necessary
2.
measures to ensure that
the set-aside land referred to in
paragraph 1 is not used for lucrative purposes, and in particular
that no dried fodder production aid under Council Regulation
(EC) No 603/95 (3) is granted on crops from it.

Article 2

1.
By way of derogation from Article 19(2) and (3) of Regu-
lation (EC) No 2316/1999, land declared as set aside for the
2004/05 marketing year may be used to store trees in regions
defined by the Member States to be affected by bark beetle.

The Member States concerned shall

2.
take all necessary
measures to ensure that the set-aside land used for storage is
made available on a non-lucrative basis.

Article 3

The Member States concerned shall notify to the Commission
the measures they adopt under this Regulation.

Article 4

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

(1) OJ L 160, 26.6.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

It shall apply from 15 May 2004.

(2) OJ L 280, 30.10.1999, p. 43. Regulation as last amended by Regu-

(3) OJ L 63, 21.3.1995, p. 1. Regulation as last amended by Regulation

lation (EC) No 206/2004 (OJ L 34, 6.2.2004, p. 33).

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

12.6.2004

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Official Journal of the European Union

L 211/13

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

Done at Brussels, 11 June 2004.

For the Commission

Franz FISCHLER
Member of the Commission