CELEX: 51978PC0114
Language: en
Date: 1978-03-14
Title: Proposal for a COUNCIL REGULATION (EEC) on the Programme for the acceleration and qualitative guidance of collective irrigation works in the Mezzogiorno (Amendment according to article 149, 2 EEC of a proposal for a Council directive having the same subject) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 114
Vol. 1978/0040
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 ---pagebreak---           COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                COM(78)114 final.
                                                            .   Brussels . 14 March 1978 »
                               ,       Proposal for a
                                  COUNCIL REGULATION (EEC )
               on the Programme for the acceleration and qualitative guidance
                      of collective irrigation works in the Mezzogiorno
            (Amendment according to article 149 > 2 EEC of a proposal for a Council
                              directive having the same subject )
                         ( submitted to the Council "by the Commission)
                                                   ■          •    .                   i
                                        • , ■ • v 'V
C0M(78 ) 114 final .
 ---pagebreak---                                                         VI/1112/7Ô-E
                     Proposal for
        Council Regulation ( EEC ) No         /?&
                     of
on the Programme for the acceleration and qualitative guidance of
collective irrigation works in the Mezzogiorno .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European. Economic
Community , and in particular Article         thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas Article 39 (<?) ( a ) of the Treaty provides that account should
be taken of the social structure of agriculture and the structural and
natural disparities between agricultural regions in determining the
common agricultural policy ;
Whereas to achieve the objectives of the common agricultural policy
set out in Article 39 ( l ) ( a ) and ( b ), measures appropriate to the
production conditions of least-favoured agricultural areas should
be adopted at Community level ;
Whereas certain Mediterranean regions of the Community are in an
unfavourable situation as regards agricultural incomes and suffer from
under-employment not only in agriculture . but also in general ;
Whereas these problems are particularly evident in the regions of the
Mezzogiorno ;
Whereas the active agricultural population constitutes an important
section of the total active population in these regions ;
 ---pagebreak---                                                        VI/1112/70-S
Whereas action should be concentrated on bafiic aspects of the
structural development of these regions which have quick and lasting
effects on agricultural incomes ;
Whereas agricultural production in the Mezzogiorno is seriously
affected by the very unbalanced water supply situation , in that the
capacity of reservoirs and main channels is much greater than that
of the irrigation network ;
Whereas , by means of Community aid , it is essential to accelerate the
provision of such irrigation networks ;
Whereas the conditions and limits laid down in Articles 13             -*-9
of the Council Directive of 17 April 1972 on the modernization of
farms ( 1 ) ( Directive 72/159/EEC ) are not well suited , as regards lrnga
tion , to the special structural situation of the Mezzogiorno regions ;
Whereas the opportunity should be taken to reorientate agricultural
production in the irrigated areas of these regions ;
Whereas at the name time the number of farm development plans within
the meaning of Article k of Directive 72/159/EEC should be increased
 by providing the farmers concerned with qualified assistance ;
 Whereas these objectives diould be furthered by way of a multi-purpose
 measures covering the irrigated areas in the Mezzogiorno and
 constituting a special programme extending over several years ;
 Whereas it follows from the foregoing that the measures referrea
  to above constitute a common measure within the meaning of Article &
  of Council Regulation (ESC ) No 729/70 of 21 ( April
                                                  2)
                                                         1970 . on the
  financing of tha common agricultural policy        ;
  Whereas it should be for the Commission , after receiving the opinion
  of the Standing Committee on Agricultural Structure , to approve a
   programme put forward by the Italian Republic »
       OJ No L 96 , 23 «A « 1972 , p . 1
        OJ No L 9^* 28 A , 1970 , p » 13
 ---pagebreak---                                                     VI/1 112/7 8-E
HAS ADOPTED THIS REGULATION :
Article 1
1*  With a view to increasing agricultural incomes in the Mezzogiorno
    and improving basic agricultural structures , thus contributing
    to the modernization of farms , a common measure shall be introduced
    for the purpose of accelerating collective irrigation operations
    using reservoirs and main channels and introducing development
    plans within the meaning of Articles 2 and 4 of Directive
    72/159/EEC in the irrigated areas , while reorientating production
    to market requirements .
2.  The set of measures provided for by this Regulation shall constitute
    a common measure within the meaning of Article 6 ( l ) of Regulation
    ( EEC ) No 729/70 .
3*  Subject to the conditions laid down in Titles III and IV , the
    Commission may grant aid for the common measure from the European
    Agricultural Guidance and Guarantee Fund , hereinafter called the
    Fund , in respect of special programmes which come under the
    framework programme described in Titl6 I and which satisfy the
    conditions laid down in Title II .
4.  The conditions and limits laid down in Articles 13 ( 2 ) and 19 ( 2 )
    and ( 3 ) of Directive 72/159/EEC shall not apply to the collective
    irrigation operations covered by this common measure .
                                                                   ./
 ---pagebreak---                            -4-
                            TITLE I
                    Framework programme
Article 2
The framework programme shall cover collective irrigation operations
from reservoirs and main irrigation channels in the Mezzogiorno .
It shall be drawn up by the Italian State .
Article 3
The framework programme shall indicate :
( a ) the existing reservoirs and the main irrigation channels already
      in existence or being developed in the Mezzogiorno ;
( b ) those geographical areas covered by the framework programme which
      may be equipped with an irrigation system from the reservoirs and
      channels referred to in ( a );
( c ) the estimated number of hectares concerned and the estimated total
      costs of the collective irrigation operations ;
( d ) with respect to the adaptation of production in the irrigated
      areas on completion of the framework programme :
      - the measures providing for studies to be made of the best
        orientation of production , account being taken of the natural
        production conditions and of market requirements ;
      - the provisions envisaged to ensure that the Community financial
         contribution to investments in the processing and marketing of
         agricultural products , provided for in Council Regulation ( EEC )
         No 355/77 of 15 February 1977^1 as amended by Council Regulation
         ( EEC ) No    /7B of           19782 , should by way of priority
         be used in respect of production from the irrigated areas , account
         being taken of the abovementioned studies ;
 1 OJ No L 51 , 23.2.1^77 , p. 1
 2 OJ No L        ,     1978 , p.
 ---pagebreak---                             -f­
      - the measures proposed for ensuring that irrigation of vines for
         wine-making is excluded from the collective irrigation operation ,
         provided for in the programme ;
      - the measures proposed for encouraging production of fodder crops
         ( maize , barley , lucerne , clover , field beans , sorghum , soya ,
         fodder beet , etc .);
( e ) as regards the modernization of farms in the irrigated areas on
      completion of the programme , the proposed arrangements for advisory
      services to promote the rational utilization of irrigation networks
      and the modernization of farms within the meaning of Arti-les 2 and
      k of Directive 72/159/EEC and to encourage appropriate production .
Article H
1 . The framework programme and any amendments thereto shall be forwarded
       to the Commission by the Italian Republic .
 2 . At the request of the Commission , the Italian Government shall sup­
       ply any information additional to that provided for in Article 3
       which is required for the Commission 's assessment of the programme .
 Article 5
 The Commission shall decide whether to approve the framework programme
 and any amendments in accordance with the procedure1 laid down in
  Article 15 .
                             TITLE II
                       Special programmes.
  Article 6
  For the purposes^ this Regulation , a special programme shall mean
   any multi-annual public programme relating to collective irrigation
   operations , including associated drainage , using existing reservoirs
 ---pagebreak---                                                            r.-f f.h » srôo;craT>hieal
    „air c^.l.                              ~»–"                "* S*05raS
listed in th, fr–wrt jro*"– « * ***** ^ "                                       *
geop;raphical ares        .
                     re s i
Articls 7
]. The spécial programme must :
     ( a ) be part of the fram^vork nrnurampie   programme and satisfy the conditions
              laid down therein *
     ,( w,
        b)    indicate t!>. tiie  »«Vr 01 hectares in the irrigation area           ....or      „
              areas to be           • W   vr  th   irrigation
                                 equipped wxtn irrigai-»'       networks     ("reti   irrigue"),
              including associated drainage , and their location ;
       ( c ) indicate the plans and      nrf srhedule
                                               schedule for the public works required
               in connection with the special programme ;
       („) indicate the average cost per hectare of agricultural area
               referred to in (b) above and th. estimated total cost o
               spécial px^ograrnme «
        is regards the reorientation of production and modernization of
                   • the i-rinated areas ', the special progre-icme shall inmca e
         farms m the liUgatea
         the following :
         ( a ) the measures adopted ^       tto-> encourage
                                                  encouiage certain kinds of production
                as defined in the framework programme ;
          <„> the number of advisor, officers who are to be appointed in the
                irrigation areas and• atofTV.-ileast turehalf orof economics
                                                                     vho* must andhavehavecoaple
                                                                                             at
                university studies in agi lculture
                 least three years professional experience ;
 ---pagebreak---                            -y­
      ( c ) the estimated expenditure to cover the cost of the annual
            remunerations and operating expenses of an advisory officer *
                         TITLE III
   Procedure for the examination of special programmes
Article 8
1.   Applications for aid from the Fund for special programme * must be
     submitted through the Italian State .
2.   In order to receive aid from the Fund , special programmes must
     have been approved by the Italian State .
J.   Applications for aid must be accompanied by information making
     it possible to establish that the special programme satisfies
     the requirements laid down in Title II .
     The particulars which must be given in the applications and the
     form in which they must be presented shall be determined in
     aocordance with the procedure laid down in Article 15t after the
     Fund Committee has been consulted on the financial aspects .
Article 9
1.   The Commission shall decide upon aid from the Fund accordxng to
     the procedure laid down in Article 15 after consulting the Fund
     Committee on the financial aspects .
2.   The Italian State and the public body responsible for the
     implementation of a special programme shall be notified of the
     Commission 's decision *
 ---pagebreak---                                -î-
                                T' ITLS IV
               F i nan o i al andge ner^i–ESSX-LSiSSS,
Artide 10
                                       n-nor) for carrying out the common measures
1     The estimated time required             for carry &
      is five years from the entry into force of this Regulation.
2. Before the end of the period referred to in paragraph 1 . this
      Regulation shall be re-examined by the Council on a proposa
       the Commission .
 3. The estimated cost of the common measure financed by the Fund
       for the period referred to in paragraph 1 is 260 million units
       of account .
  k. Article 6 (5) of Hegulation (EEC) Ho 729/70 shall apply to this
        Regulation »
  Intern the Fund shall consist of capital grants paid in a lump
         sum or in instalments .
   2 . Aid from the Fund shall cover 50* of the cost of public water-
         engineering works under a special programme as referreu to in
         Article 7 (1) <<=>. provided that, such      »
                                                          works have no „ ye . s a
                                                         m-vimum cf 200 000 hectares
          aid shall be granted in respect of a maximum
          irrigable under this common measure and shall not exceed 3
          of account per irrigated hectare .
          However, the Commission may decide pursuant to Article 9 ll> that
          the maximum of 3 000 unitsv, of account          per hectare does no . app
                                                   ths Italian State furnishes prooi
           to a special programme , where the
        ■ that the costs per hectare exceed this maximum .
                                                                                   /
                                                                                 •/ *
 ---pagebreak---                           -B -
3 . Aid from the Fund shall cover 65% of the remuneration and operatic ,
     expenses of the newly appointed advisory officers referred to in
    Article 7 ( 2 ) ( b ) and ( c ), up to a maximum of 12 000 units of
    account per advisory officer .
Article 12
1.  Advances may be granted on the basis of the presentation of the
    annual instalments of public works under a special programme as
    referred to in Article 7 ( l ) ( c ) and depending on the pro , ress
    of these works .
2.  The advances may not exceed Q0% of the Community contribution to
    the costs of one annual instalment of the public works referred
    to in paragraph 1 .
3.  The detailed rules for the application of this Article shall be
    adopted in accordance with the procedure laid down in Article 13
    of Regulation ( EEC ) No 729/70 .
Article 13
1.  Aid from the Fund shall be paid through agencies appointed for
    that purpose by the Italian Republic .
2.  Throughout the period during which aid is granted from the Fund ,
    the authority or agency appointed for that purpose by the Italian
    Republic shall , at the request of the Commission , forward to it
    all supporting documents which are of relevance in proving that
    the financial or other conditions laid down for each special
    programme have been fulfilled . The Commission may , if necessary ,
    carry out an on-the - spot check .
    After it has consulted the Fund Committee on the financial aspects
    the Commission may decide , in accordance with the procedure laid
    down in Article . 15 , to suspend , reduce or discontinue aid from the
    Fund :      V ' --
 ---pagebreak---     - it th. special Fr-,sr. *>« b« »•*                   wrl*4 OBt " ,UW" ' "
     - if           of tk.                                 *«• Bet b,,tt               °r
     . if «. work has not v„. «"«» «»*                                  »tiri"ti0B
        of the decision provided for in Article 9-
     The Italian Kepublic and the i, public          body   responsible for in.plen.n-
                                            nii >s c nnt.i fied of the decision .
     ting the special programme shall be notiiiea 01                         -
      The Commission shaxlv, "■ i -recover
                                   rpr over any
                                            any  ems the payment of which was not
      or is no longer justified .
3 The detailed rules for the application of this Article shall be
      adopted ir. accordance with the procedure laid down in Article
      of Regulation (EEC ) No 729/70 .
 Article
 !. Tor each special programme which has received aid fro. the Fun.,
       the public body responsible shall forward to the Commission regu-ar
       reports on the progress and the financial results of the prog ^
       These reports shall be submitted within the time limits laid ao,m
       by the Commission in its decision to gran - aid
  2 If the public body responsible does not fulfil the obligation la
        down in paragraph 1 , the Commission , after giving it due notice ,
        may decide to reverse in whole or in part its deas.on to g
        aid , acting accordance with the procedure laid down in Article
        and after consulting the Fund Committee on the financial apsects .
        The decision shall be communicated to the Italian Repujxic and to
        the public body responsible ., The Commission shall recover in whol
        or in part the sums paid.«
   5. Detailed rules . v.
                            for the application        of this Article , particularly
                                         of the reports referred to m paragraph
         as regards the contents of tne - ep
         shall be adopted in accordance with the procedure l*ia
         Article 15 , after consultation »' the **»« C OL ,alt-. M o
         financial aspects .
                                                                                  ./ >
 ---pagebreak---                        -H-
Article 15
1.  Wh«r« the procedure laid down in this Afrticle is to be followed ,
    the matter shall be referred to the Standing Committee on
    Agricultural Structure by the chairman either on his 0.11 initiative
    or at the request of the representative of a iMember State »
2.  The representative of the Commission shall submit a draft of the
    measures to be taken . The Standing Committee on Agricultural
    Structure shall deliver an opinion on those measures by a majority
    of ^1 votes , within a time limit set by the chairman according
    to the urgency of the matter under examination ; the votes of the
    Member States shall be weighted as provided for in Article 1^8 ( 2 )
    of the . Treaty . The chairman shall not vote .
3.  The Commission shall adopt the measures which shall be immediately
    applicable . However , if such measures are not in accordance with
    the opinion of the Standing Committee on Agricultural Structure
    they shall be communicated forthwith by the Commission to the
    Council . In that case , the Commission may defer for not more
    than one month from the date of such communication , application
    of the measures which it has adopted .
    The Council , acting by a qualified majority , may adopt a different
    decision within one month .
Article 16
This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Communities .