CELEX: 51988PC0284(03)
Language: en
Date: 1988-06-02
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) INTRODUCING AN EMERGENCY COMMON MEASURE TO AID THE AGRICULTURAL AREAS OF THE REGIONS OF VALENCIA AND MURCIA

N o C 182/14                             Official Journal of the European Communities                                     12. 7. 88
3. The following point is added to Article 3 (1):                      (iii) in paragraph 4 the following is added to the first
                                                                              subparagraph:
   '(d) with respect to the work referred to in Article 1
         (4)(c):                                                              '. . . or of schemes as provided for in Article 1 (4)
                                                                              (c).'
         — to the re-establishment of citrus plantations
              damaged by frost, by maintaining the varietal
              composition of the plantations or by an               5. Article 5 is amended as follows:
              appropriate choice of other varieties adapted
              to consumer requirements,                                 (i) the following is added to the first indent of
         — to the rationalization of the means of                            paragraph 1:
              production, as provided for in the second                      '. . . and of the measures referred to in Article 1
              indent of paragraph 1 (a), where the level of                  (4) <c).'
              such rationalization is not yet satisfactory.'
                                                                       (ii) paragraph 2 is replaced by the following:
4. Article 4 is amended as follows:
                                                                             '2.      The Guidance Section of the EAGGF shall
     (i) in paragraph 1 the following subparagraph is                        reimburse Member States 50 % of the expen-
         inserted after the second subparagraph:                             diture arising from the measures referred to in
         'However, for the implementation of the                             Article 1 (1), from payment of the additional aid
         provisions of Article 1 (4) (a) and (b) the figure                  provided for in Article 1 (3) and from the
         given in the second indent of the first                             measures referred to in Article 1 (4) (c).'
         subparagraph is reduced to 20 %.'
    (ii) the following paragraph is inserted:                                                    Article 2
         '2a.     As regards the additional aid referred to
                                                                    This Regulation shall enter into force on the third day
         in Article 1 (3) for the implementation of the
                                                                    following its publication in the Official Journal of the
         provisions contained in Article 1 (4) (c), the
                                                                    European Communities.
         conditions referred to in the first subparagraph of
         paragraph 1 shall apply, with the exception of the
         rate of 40 % referred to in the second indent of           This Regulation shall be binding in its entirety and
         that subparagraph/                                         directly applicable in all Member States.
                Proposal for a Council Regulation (EEC) introducing an emergency common measure to aid
                                 the agricultural areas of the Regions of Valencia and Murcia
                                                        COM(88) 284 final
                                 (Submitted by the Commission to the Council on 7 June 1988)
                                                           (88/C 182/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the flooding that occurred between 2 and 5
                                                                    November 1987 in the Regions of Murcia and Valencia
                                                                    destroyed or seriously damaged rural infrastructures and
Having regard to the Treaty establishing the European               certain factors of agricultural production, including
Economic Community, and in particular Article 43                    human habitations, in those regions;
thereof,
                                                                    Whereas the flooding damaged agricultural land, and in
Having regard to the proposal from the Commission,                  some cases removed the topsoil;
                                                                    Whereas steps should be taken in the most seriously
Having regard         to  the   opinion   of   the   European       affected areas to promote and speed up the re-estab-
Parliament,                                                         lishment of damaged or destroyed investments;
Whereas, in order to attain the objectives of the common            Whereas the information supplied to the Commission by
agricultural policy laid down in Article 39 (1) (a) and (b)         the Spanish Government indicates that the extent and
of the Treaty, it is necessary to assist the structural             seriousness of the damage exceed the financial resources
improvement of farming in regions facing particularly               of the Regions concerned and of the Member State;
serious problems;                                                   whereas Community solidarity should consequently take
 ---pagebreak--- 12. 7. 88                               Official Journal of the European Communities                              No C 182/15
the form of the implementation within a reasonable                     — the reconstruction and improvement of farm
period of an exceptional emergency measure for the re-                     roads used mainly for agriculture and sylvi-
establishment and improvement of investments damaged                       culture;
or destroyed;
                                                                   (b) the re-establishment and improvement of irrigation
Whereas such aid should be granted within the                          infrastructures, including individual water supplies,
framework of measures for the re-establishment and                     provided this will ensure that production is more in
improvement of investments that have been damaged or                   line with the requirements of the common agri-
destroyed;                                                             cultural policy;
Whereas, in order to ensure that the measures are as               (c) the prevention of soil erosion, including the
effective as possible and are implemented within a very                construction of new small reservoirs, embankments
short period, provision should be made that they be                    and wind-breaks, the reinforcement of river beds and
incorporated in an annual action programme to be                       the planting of vegetation suitable for improving the
drawn up by the regional authorities and forwarded by                  retention capacity of the soil or for resisting wind;
the Spanish Government;                                            (d) the restoration and improvement of farmland,
                                                                       including the removal of stones, levelling and
Whereas provision should be made for the duration of
                                                                       cleaning and the replacement of the topsoil, first
the common measure to be extended by one year should
                                                                       sowing of pasture land and the replanting of fruit
unforeseen difficulties prevent it from being implemented
                                                                       trees;
at the rate originally planned;
                                                                   (e) the rebuilding and improvement of farm buildings,
Whereas it should be laid down that this package of                    including accommodation
measures constitutes a common measure within the
meaning of Article 6 of Council Regulation (EEC) No
                                                                                            Article 3
729/70 of 21 April 1970 on the financing of the common
agricultural policy (*), as last amended by Regulation             1.    The authorities designated by Spain shall draw up
( E E C ) N o 3183/87( 2 );                                        each year a specific action programme listing the most
                                                                   appropriate ways of carrying out the measures referred
Whereas a contribution from the Fund in the form of a              to in Article 2. The programme shall be presented
capital subsidy equivalent to 35 % of the public aid made          annually to the Commission during the first month of
available to repair the damage represents an appropriate
                                                                   the year at the latest.
Community contribution to be made in a spirit of soli-
darity in.view of the limited financial resources of Spain,        2.    The programme shall contain the following infor-
                                                                   mation:
HAS ADOPTED THIS REGULATION:
                                                                   (a) the geographical areas which qualify            for   the
                            Article 1                                  measures during the year concerned;
In order to accelerate and facilitate the re-establishment         (b) a description of the damage in each sector and of the
and improvement of investments damaged or destroyed                    re-establishment and improvement measures to be
by the flooding that occurred in November 1987 in the                  taken and the period in which they are to be carried
Autonomous Communities of Valencia and Murcia, an                      out;
exceptional emergency measure is hereby introduced to              (c) the level of public aid, of the beneficiary's contri-
aid agriculture in those Regions. It shall constitute a                bution and of Community co-financing;
common measure within the meaning of Article 6 of
                                                                   (d) an estimate of the number of hectares of UAA and
Regulation (EEC) N o 729/70.
                                                                       of the number of farmers qualifying for the
                            Article 2                                  programme;
                                                                   (e) a cost/benefit estimate, where appropriate;
In accordance with Article 4 the Community may grant
aid as part of the common measure by financing out of              (f) how coordination is to be ensured with all other
the Guidance Section of the European Agricultural                      measures and provisions liable to have an impact on
Guidance and Guarantee Fund, hereinafter called 'the                   the development of farming in the regions
Fund', measures for:                                                   concerned;
(a) the re-establishment and improvement of agricultural           (g) any other information considered necessary by the
     infrastructures, such as:                                         Commission.
     — the electrification of and supply of mains water
                                                                   3.    The programme referred to in paragraph 1 shall be
          to agricultural holdings and villages whose
                                                                   accompanied by a detailed report on the measures
          inhabitants depend principally on farming,
                                                                   carried out during the previous year.
     — the reconstruction and improvement of wells in
          areas where there is no mains water supply               4.    The programme shall be approved in accordance
          network,                                                 with the procedure laid down in Article 25 of Council
                                                                   Regulation (EEC) No 797/85 (3).
C) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 304, 27. 10. 1987, p. 1.                               (3) OJ No L 93, 30. 3. 1985, p. 1.
 ---pagebreak--- No C 182/16                            Official Journal of the European Communities                                12. 7. 88
5.     A committee shall be set up by agreement between           stipulated in paragraph 1 by more than one additional
the Commission and the Spanish Government to monitor              year.
the common measure.
                                                                                            Article 6
The committee shall assist the Spanish Government and
the regions benefitting from the common measure or,               1.     Advances may be made, on the basis of the presen-
where appropriate, any other authority appointed by the           tation of the annual tranches, for carrying out the work
Spanish Government to ensure that the common measure              referred to in Article 2, as the work progresses.
is effectively implemented.
                                                                  2.     Advances may not exceed 80 % of the Community
The committee shall meet at least once a year and                 contribution towards the costs of an annual tranche of
meetings shall be attended where appropriate by repre-            the work referred to in paragraph 1.
sentatives of the agricultural interests concerned.
                                                                  3.     Detailed rules for the application of this Article
                            Article 4                             shall be adopted in accordance with the procedure laid
                                                                  down in Article 13 of Regulation (EEC) No 729/70.
Investments which qualify for Community aids and in
particular under other common measures within the
                                                                                            Article 7
meaning of Article 6 (1) of Regulation (EEC) No
729/70, shall not be eligible for a contribution from the          1.    The aid from the Fund shall be paid to the bodies
Fund under this Regulation.                                       designated for the purpose by Spain.
                            Article 5                             2.      During the period in which aid is being granted
                                                                  from the Fund, the authority or body designated for the
 1.    The duration of the common measure shall be                purpose by the Member State concerned shall forward to
limited to two years from 1 January 1988.                         the Commission, at its request, all supporting documents
                                                                  and all documents required for establishing that the
2.      The estimated cost to the Fund of the common              financial and other requirements imposed for each
 measure is 11 200 000 ECU for the period referred to in          special programme are met. The Commission may, if
paragraph 1.                                                       necessary, carry out an on-the-spot inspection.
 3.     Aid from the Fund shall consist of capital grants         After the Fund Committee has been consulted on the
 made in one or moire instalments.                                 financial aspects, a decision may be taken to suspend,
                                                                   reduce or discontinue the grant of aid from the Fund, in
 4.     Aid from the Fund shall amount to 35 % of the              accordance with the procedure laid down in Article 3
 cost of carrying out the work and measures referred to            (4):
 in Article 2 subject to the following overall eligible costs:    — if the programme has not been implemented as
 — 12 million ECU for rural infrastructure work;                        provided for, or
 — 8 million ECU for irrigation schemes, with a                    — if some of the conditions laid down have not been
      maximum rate of 4 000 ECU per hectare and an                      met.
      overall limit of 2 000 hectares;                             Where it is established that payments have been made
 — 5 million ECU for the prevention of soil erosion;               which were not or are not justified, the amounts
                                                                   concerned shall be deducted from payments due for
 — 4 500 000 ECU for farmland improvement schemes;                 subsequent years.
 — 2 500 000 ECU for work on buildings.                            3.     Detailed rules for the application of this Article
                                                                   shall be adopted in accordance with the procedure laid
 5.     The farmer's contribution shall be not less than           down in Article 13 of Regulation (EEC) No 729/70.
  10 %. However, when approving the programmes
 referred to in Article 3, the Commission may permit
                                                                                             Article 8
 derogations from this minimum rate.
                                                                   This Regulation shall enter into force on the third day
 6.     When approving an annual programme in                      following its publication in the Official Journal of the
 accordance with the procedure laid down in Article 3              European Communities.
  (4), the Commission may adjust the financial limits laid
 down in paragraph 4 but shall not exceed the estimated            This Regulation shall be binding in its entirety and
 costs set out in paragraph 2 or go beyond the time limit          directly applicable in all Member States.