CELEX: 31979L0173
Language: en
Date: 1979-02-06 00:00:00
Title: Council Directive 79/173/EEC of 6 February 1979 on the programme for the acceleration and guidance of collective irrigation works in Corsica

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31979L0173

Council Directive 79/173/EEC of 6 February 1979 on the programme for the acceleration and guidance of collective irrigation works in Corsica  

Official Journal L 038 , 14/02/1979 P. 0015 - 0017

****( 1 ) OJ NO C 200 , 22 . 8 . 1978 , P . 3 .  ( 2 ) OJ NO C 239 , 9 . 10 . 1978 , P . 61 .  ( 3 ) OJ NO L 96 , 23 . 4 . 1972 , P . 1 .  ( 1 ) OJ NO L 94 , 28 . 4 . 1970 , P . 13 .  ( 2 ) OJ NO L 295 , 30 . 12 . 1972 , P . 1 .  ( 3 ) OJ NO L 51 , 23 . 2 . 1977 , P . 1 .  ( 4 ) OJ NO L 166 , 23 . 6 . 1978 , P . 9 .        COUNCIL DIRECTIVE   OF 6 FEBRUARY 1979   ON THE PROGRAMME FOR THE ACCELERATION AND GUIDANCE OF COLLECTIVE IRRIGATION WORKS IN CORSICA  ( 79/173/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),   WHEREAS ARTICLE 39 ( 2 ) ( A ) OF THE TREATY PROVIDES THAT , IN WORKING OUT THE COMMON AGRICULTURAL POLICY , ACCOUNT SHOULD BE TAKEN OF THE SOCIAL STRUCTURE OF AGRICULTURE AND THE STRUCTURAL AND NATURAL DISPARITIES BETWEEN THE VARIOUS AGRICULTURAL REGIONS ;   WHEREAS , IN ORDER TO ACHIEVE THE OBJECTIVES OF THE COMMON AGRICULTURAL POLICY SET OUT IN ARTICLE 39 ( 1 ) ( A ) AND ( B ), SPECIAL MEASURES APPROPRIATE TO THE PRODUCTION CONDITIONS IN THE 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 GENERALLY ;   WHEREAS THESE PROBLEMS ARE PARTICULARLY EVIDENT IN CORSICA ;   WHEREAS THE ACTIVE AGRICULTURAL POPULATION FORMS A CONSIDERABLE PROPORTION OF THE TOTAL ACTIVE POPULATION IN THIS REGION ;   WHEREAS ACTION SHOULD BE CONCENTRATED ON BASIC ASPECTS OF THE STRUCTURAL DEVELOPMENT OF THESE REGIONS WHICH WILL HAVE RAPID AND LASTING EFFECTS ON AGRICULTURAL INCOMES ;   WHEREAS AGRICULTURAL PRODUCTION IN CORSICA IS SERIOUSLY AFFECTED BY A SEVERELY UNBALANCED WATER-SUPPLY SITUATION ; WHEREAS THE CAPACITY OF THE EXISTING RESERVOIRS AND MAIN CHANNELS IS MUCH GREATER THAN THAT OF THE IRRIGATION NETWORKS ;   WHEREAS THE PROVISION OF SUCH IRRIGATION NETWORKS MUST BE SPEEDED UP BY MEANS OF COMMUNITY AID ;   WHEREAS THE CONDITIONS AND LIMITS LAID DOWN IN ARTICLES 13 AND 19 OF COUNCIL DIRECTIVE 72/159/EEC OF 17 APRIL 1972 ON THE MODERNIZATION OF FARMS ( 3 ) ARE NOT WELL SUITED , AS REGARDS IRRIGATION , TO THE SPECIAL STRUCTURAL SITUATION IN CORSICA ;   WHEREAS THE OPPORTUNITY SHOULD BE TAKEN TO REORIENTATE AGRICULTURAL PRODUCTION IN THE AREAS CONCERNED IN THESE REGIONS ;   WHEREAS THESE OBJECTIVES SHOULD BE PURSUED BY MEANS OF A MEASURE COVERING CERTAIN AREAS CONCERNED IN CORSICA WITHIN THE FRAMEWORK OF A PROGRAMME EXTENDING OVER SEVERAL YEARS ;   WHEREAS IT FOLLOWS FROM THE FOREGOING THAT THE MEASURES REFERRED TO ABOVE CONSTITUTE A COMMON MEASURE WITHIN THE MEANING OF ARTICLE 6 OF COUNCIL REGULATION ( EEC ) NO 729/70 OF 21 APRIL 1970 ON THE FINANCING OF THE COMMON AGRICULTURAL POLICY ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2788/72  ( 2 );   WHEREAS IT IS THE TASK OF THE COMMISSION , AFTER RECEIVING THE OPINION OF THE STANDING COMMITTEE ON AGRICULTURAL STRUCTURE , TO APPROVE A PROGRAMME SUBMITTED BY THE FRENCH REPUBLIC ,   HAS ADOPTED THIS DIRECTIVE :   ARTICLE 1   1 .  WITH A VIEW TO INCREASING AGRICULTURAL INCOMES IN CORSICA BY IMPROVING BASIC AGRICULTURAL STRUCTURES , THEREBY CONTRIBUTING TO THE MODERNIZATION OF FARMS , A COMMON MEASURE SHALL BE INTRODUCED TO ACCELERATE COLLECTIVE IRRIGATION OPERATIONS FROM RESERVOIRS AND MAIN CHANNELS AND THUS TO FACILITATE THE INTRODUCTION OF DEVELOPMENT PLANS WITHIN THE MEANING OF ARTICLES 2 AND 4 OF DIRECTIVE 72/159/EEC IN THE AREAS TO BE IRRIGATED , WHILE ADAPTING PRODUCTION TO MARKET REQUIREMENTS .   2 .  THE MEASURES PROVIDED FOR IN THIS DIRECTIVE CONSTITUTE A COMMON MEASURE WITHIN THE MEANING OF ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 729/70 .   ARTICLE 2   1 .  THE CONDITIONS AND LIMITS LAID DOWN IN ARTICLES 13 ( 2 ) AND 19 ( 2 ) AND ( 3 ) OF DIRECTIVE 72/159/EEC SHALL NOT APPLY TO COLLECTIVE IRRIGATION OPERATIONS WHICH ARE THE SUBJECT OF THIS COMMON MEASURE .   2 .  THE FINANCIAL CONTRIBUTION OF THE COMMUNITY MAY ONLY BE USED IN THE CONTEXT OF A PROGRAMME COVERING ALL THE AREAS TO BE IRRIGATED .   THIS PROGRAMME SHALL BE SUBMITTED TO THE COMMISSION BY THE FRENCH REPUBLIC .   3 .  THE PROGRAMME AND ANY AMENDMENTS THERETO SHALL BE EXAMINED AND APPROVED AFTER CONSULTATION OF THE COMMITTEE OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND , HEREINAFTER CALLED ' THE FUND ' , ON THE FINANCIAL ASPECTS THEREOF , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 18 ( 2 ) AND ( 3 ) OF DIRECTIVE 72/159/EEC .   ARTICLE 3   THE PROGRAMME REFERRED TO IN ARTICLE 2 SHALL INCLUDE IN PARTICULAR THE FOLLOWING INFORMATION :  ( A ) IN THE CASE OF COLLECTIVE IRRIGATION WORKS :   -  THE GEOGRAPHICAL AREAS COVERED BY THE PROGRAMME WHICH CAN BE EQUIPPED WITH AN IRRIGATION NETWORK USING EXISTING RESERVOIRS AND MAIN CHANNELS ,   -  THE NUMBER OF HECTARES OF THE IRRIGATION AREAS TO BE EQUIPPED WITH IRRIGATION NETWORKS , AND THEIR LOCATION ,   -  THE DESCRIPTION OF THE WORK NECESSARY AND THE TIMETABLE FOR THE WORK ,   -  THE AVERAGE COST PER HECTARE OF AGRICULTURAL AREA AND THE ESTIMATED TOTAL COST OF THE PROGRAMME ;  ( B ) IN THE CASE OF THE ORIENTATION OF PRODUCTION :   -  THE MEASURES DESIGNED TO ORIENTATE PRODUCTION IN PARTICULAR TOWARDS FODDER CROPS ( MAIZE , BARLEY , LUCERNE , CLOVER , FIELD BEANS , SORGHUM , SOYA , ETC .) AND THE DEVELOPMENT OF LIVESTOCK RAISING ,   -  THE MEASURES PROPOSED TO ENSURE THAT THE COMMUNITY ' S FINANCIAL CONTRIBUTION TO INVESTMENTS IN THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS , PROVIDED FOR BY COUNCIL REGULATION ( EEC ) NO 355/77 OF 15 FEBRUARY 1977 ON COMMON MEASURES TO IMPROVE THE CONDITIONS UNDER WHICH AGRICULTURAL PRODUCTS ARE PROCESSED AND MARKETED ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 1361/78 ( 4 ), CAN BE USED IN THE FIRST INSTANCE IN RESPECT OF PRODUCTION FROM THE IRRIGATED AREAS ,   -  THE MEASURES TO EXCLUDE THE AREAS DEVOTED TO VINES FOR WINE-MAKING FROM THE COLLECTIVE WORKS PROPOSED BY THE PROGRAMME .   ARTICLE 4   1 .  EXPENDITURE INCURRED BY THE FRENCH REPUBLIC UNDER THE PROGRAMME REFERRED TO IN ARTICLE 2 FOR COLLECTIVE IRRIGATION WORKS UP TO A MAXIMUM OF 12 000 HECTARES AND 24 000 000 UNITS OF ACCOUNT SHALL BE ELIGIBLE FOR AID FROM THE GUIDANCE SECTION OF THE FUND .   2 .  THE GUIDANCE SECTION OF THE FUND SHALL REIMBURSE 50 % OF THE ELIGIBLE EXPENDITURE TO THE FRENCH REPUBLIC . HOWEVER , THE AMOUNT OF ELIGIBLE EXPENDITURE MAY NOT EXCEED 3 000 UNITS OF ACCOUNT PER HECTARE IRRIGATED .   ARTICLE 5   1 .  THE DURATION OF THE MEASURE SHALL BE FIVE YEARS FROM THE DATE ON WHICH THIS DIRECTIVE IS TO APPLY .   2 .  THE TOTAL ESTIMATED COST OF THE COMMON MEASURE TO BE BORNE BY THE FUND SHALL BE 12 000 000 EUROPEAN UNITS OF ACCOUNT FOR THE ENTIRE PERIOD .   3 .  ARTICLE 6 ( 5 ) OF REGULATION ( EEC ) NO 729/70 SHALL APPLY TO THIS DIRECTIVE .   ARTICLE 6   WHEN THE PROGRAMME REFERRED TO IN ARTICLE 2 ( 3 ) IS BEING APPROVED , THE COMMISSION SHALL , IN AGREEMENT WITH THE FRENCH REPUBLIC , LAY DOWN THE DETAILED RULES BY WHICH IT SHALL BE KEPT REGULARLY INFORMED OF THE PROGRESS OF THE PROGRAMME . THE FRENCH REPUBLIC SHALL AT THE SAME TIME DESIGNATE THE AGENCIES RESPONSIBLE FOR THE TECHNICAL EXECUTION OF THE PROGRAMME .   ARTICLE 7   1 .  REQUESTS FOR REIMBURSEMENT SHALL RELATE TO EXPENDITURE INCURRED BY THE FRENCH REPUBLIC DURING A SINGLE CALENDAR YEAR AND SHALL BE PRESENTED TO THE COMMISSION BEFORE 1 JULY OF THE FOLLOWING YEAR .   2 .  AID FROM THE FUND SHALL BE DECIDED UPON IN ACCORDANCE WITH ARTICLE 7 ( 1 ) OF REGULATION ( EEC ) NO 729/70 .   3 .  THE FUND MAY MAKE ADVANCE PAYMENTS IN ACCORDANCE WITH THE FINANCING ARRANGEMENTS ADOPTED BY THE FRENCH REPUBLIC AND ACCORDING TO THE PROGRESS OF THE PROJECTS .   4 .  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 8   THIS DIRECTIVE WILL APPLY AS SOON AS THE COUNCIL HAS TAKEN A DECISION ON THE COMMISSION PROPOSAL FOR AN AMENDMENT TO REGULATION ( EEC ) NO 729/70 .   ARTICLE 9   THIS DIRECTIVE IS ADDRESSED TO THE FRENCH REPUBLIC .   DONE AT BRUSSELS , 6 FEBRUARY 1979 .   FOR THE COUNCIL   THE PRESIDENT   P . MEHAIGNERIE