CELEX: 51988PC0500(04)
Language: en
Date: 1988-07-26
Title: PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN PROVISIONS FOR IMPLEMENTING COUNCIL REGULATION ( EEC ) NO 2052/88 AS REGARDS THE EAGGF GUIDANCE SECTION

3. 10. 88                               Official Journal of the European Communities                               No C 256/19
Where the sample check leads to a reduction, it shall be                                      Article 10
applied proportionately to the entire amount for which
payment is requested after the Member State has had an                              Administrative procedures
opportunity to present its observations.
                                                                   The Commission shall lay down the detailed provisions
                          Article 9                                necessary for the implementation of this Regulation.
                  Transitional provisions
1. In accordance with Article 15(4) of Regulation (EEC)                                       Article 11
No 2052/88, applications for assistance for 1989 submitted
before 21 October 1988 shall be covered by Council                                        Entry into force
Decision 83/516/EEC (x) and the provisions implementing
it.                                                                1. This Regulation shall enter into force on 1 January
                                                                   1989. Subject to the transitional provisions laid down in
2. The first plans shall cover a period beginning on 1             Article 9, it shall be applicable as from that date.
January 1990. Plans concerning Objectives 1, 2 and 5(b)
shall be presented before 31 March 1989. Plans concerning          2. Council Regulation (EEC) No 2950/83 (2) is hereby
Objectives 3 and 4 shall be presented by 1 June 1989.              repealed.
3. Applications for assistance for operations to be
implemented starting in the 1990 financial year shall be           This Regulation shall be binding in its entirety and directly
submitted before 30 June 1989.                                     applicable in all Member States.
(!) OJ No L 289, 22. 10. 1983, p. 38.                              (2) OJ No L 289, 22. 10. 1983, p. 1.
              Proposal for a Council Regulation (EEC) laying down provisions for implementing Regulation
                                  (EEC) No 2052/88 as regards the EAGGF Guidance Section
                                               COM(88) 500/2 final — SYN 151
                                      (Submitted by the Commission on 30 August 1
                                                         (88/C 256(04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas the tasks laid down for the Guidance Section of
                                                                   the European Agricultural Guidance and Guarantee Fund,
Having regard to the Treaty establishing the European              by Article 3(3) of the above Regulation should be further
Economic Community, and in particular Article 43 thereof,          specified in the light of the contribution it makes to
                                                                   achieving Objectives 1, 5(a) and 5(b) as set out in Article 1
Having regard to the proposal from the Commission,                 of that Regulation;
 In cooperation with the European Parliament,
                                                                   Whereas measures to speed up the adjustment of agricul-
 Having regard to the opinion of the Economic and Social           tural structures with a view to the reform of the Structural
 Committee,                                                        Funds must include measures closely connected with the
                                                                    Common Agricultural Policy and designed to meet its
 Whereas Article 3(4) of Council Regulation (EEC)                  general requirements;
 No 2052/88 (*) provides for the Council to adopt the
 specific provisions governing operations under each
 Structural Fund;                                                   Whereas, however, some of those measures, which already
                                                                    exist at Community level, may be adjusted to allow for the
                                                                    differing structural situations in the different regions of the
 (i) OJ NoL 185, 15.7. 1988, p. 9.                                  Community, by increased diversification, and specifically
 ---pagebreak--- No C 256/20                              Official Journal of the European Communities                                 3. 10. 88
by differentiation of the contribution in favour of the areas       3. Without prejudice to Article 34 of Regulation (EEC)
concerned by Objective 1;                                           No ... (COORD/88) and Article 11 of this Regulation, the
                                                                    Council, acting on a proposal from the Commission in
                                                                    accordance with the procedure laid down in Article 43 of
Whereas measures designed to contribute to Objective 1
                                                                    the Treaty, shall decide by 31 December 1989 on any
and to promoting the development of rural areas
                                                                    alterations to the common measures introduced under
[(Objective 5(b]) should include action to respond to those
                                                                    Article 6 of Regulation (EEC) No 729/70 in order to
areas' specific structural problems;
                                                                    achieve the objectives referred to in Regulation (EEC)
                                                                    No 2052/88, in conformity with the rules laid down by
Whereas, however, that action must be implemented in                Regulation (EEC) N o . . . (COORD/88) and with this
accordance with the objectives of the Common Agricul-               Regulation.
tural Policy and should not lead to an increase in output of
products in which there is a surplus, especially through
irrigation;
                                                                                              TITLE I
Whereas measures for the development and exploitation of              SPEEDING UP THE ADJUSTMENT OF AGRICULTURAL
woodland are of particular interest, not only as offering            STRUCTURES WITH A VIEW TO THE REFORM OF THE
alternative activity and income for agriculture in those                        COMMON AGRICULTURAL POLICY
areas but also in order to increase woodland's contribution                                  Article 2
to improving the environment and to expand its protective
function;
                                                                    1. The Fund may finance common measures adopted by
                                                                    the Council in accordance with the procedure provided for
Whereas the forms of assistance by the Fund should be               in the third subparagraph of Article 43(2) of the Treaty, in
determined and whereas operational programmes, and                  order to speed up the adjustment of agricultural structures,
where appropriate global grants, are the most appropriate           with a view in particular to the reform of the Common
forms, both for measures for the development of less-               Agricultural Policy.
developed areas and of rural areas and for measures to
improve structures for marketing and processing agricul-            2. The common measures referred to in paragraph 1 may
tural products;                                                     concern:
Whereas provision should be made for the Commission to              — measures to accompany markets policy, such as
lay down such provisions as are necessary for the                       reducing production potential and adjusting and
implementation of this Regulation, and specifically as                  converting production, including measures to promote
regards the way in which operational programmes are to be               quality products and the marketing of produce at the
presented,                                                              farm,
                                                                    — the afforestation of farmland,
HAS ADOPTED THIS REGULATION:
                                                                    — measures to encourage early retirement from farming,
                                                                        in order to reduce the areas of land devoted to farm
                                                                        production,
                           Article 1                                — measures to support farm incomes, such as compens-
                                                                        ation for permanent natural handicaps in mountain, hill
 1. The Guidance Section of the European Agricultural                   or less-favoured areas,
Guidance and Guarantee Fund, hereinafter referred to as
'the Fund', referred to in Article 1(1) of Council Regulation       — measures to protect the environment and safeguard the
 (EEC) No 729/70 (l), may, in accordance with the criteria              landscape,
and objectives laid down in Titles I to IV of this Regulation,
finance measures for performing the tasks referred to in            — measures to encourage the installation of young
Article 3(3) of Regulation (EEC) No 2052/88 in order to                 farmers,
attain Objectives 1 and 5 as set out in Article 1 of that
Regulation.                                                         — measures to adapt structures on holdings, especially
                                                                        investments,
 2. The conditions and criteria laid down in Council
Regulation (EEC) N o . . . (COORD/88) shall apply to                — measures to improve the marketing and processing of
 measures financed under this Regulation, except if this                agricultural and forestry products, in accordance with
 Regulation or provisions adopted under Article 2(1)                    the conditions and the criteria laid down in the
 thereof specify otherwise.                                             provisions referred to in Article 11(1),
                                                                    — measures to improve the marketing and processing of
 (!) OJ No L 94, 28. 4. 1970, p. 13.                                    fishery products.
 ---pagebreak--- 3. 10. 88                                Official Journal of the European Communities                              No C 256/21
                            TITLE II                                   creation of small irrigation systems not supplied from
                                                                       collective networks, and the renovation of drainage
 PROMOTING THE DEVELOPMENT AND STRUCTURAL
    ADJUSTMENT OF THE LESS-DEVELOPED REGIONS                           systems,
                           Article 3                                — encouragement for tourist and craft investments,
                                                                       including the improvement of living accommodation on
1. The Fund may contribute to achieving Objective 1                    agricultural holdings,
referred to in Article 1 of Regulation (EEC) No 2052/88 by
financing measures for developing and strengthening                 — protection of the environment and maintenance of the
agricultural and forestry structures, for maintaining the              countryside,
landscape and for rural development.
                                                                    — restoring agricultural production potential after natural
2. Priority for assistance from the Fund shall be granted              disasters,
to areas within less-developed regions where agricultural
structure is seriously inadequate, especially if they are           — the development and exploitation of woodland, in
located in mountain, hill or less-favoured areas within the            accordance with conditions and criteria to be laid down
meaning of Article 3 of Council Directive 75/268/EEC ( ] ).            by the Council on a proposal from the Commission,
                                                                       including:
                                                                        — afforestation and the improvement and reconsti-
                            Article 4                                       tution of woodland,
In accordance with Article 5 of Regulation (EEC) No 2052/               — related work and accompanying measures neces-
88, the Fund may finance operational programmes,                            sary for the exploitation of woodland,
integrated operational programmes and global grants
covered by Community support frameworks and concern-                    in order to increase woodland's contribution to the
ing one or more measures as referred to in Article 5.                   — conservation and protection of the environment and
                                                                        to offer farmers alternative activities and income,
                                                                    — the development of agricultural and forestry advisory
                            Article 5                                  services, and the improvement of facilities for agricul-
                                                                       tural training.
Financial assistance by the Fund to operational program-
mes may cover the following:
— encouraging retirement from farming in order to                                             TITLE III
     restructure agriculture and encourage the installation of        PROMOTING THE DEVELOPMENT OF RURAL AREAS
     young farmers,                                                     OF THE COMMUNITY IN REGIONS COVERED BY
                                                                                            OBJECTIVE 5
— the conversion, diversification and reduction of produc-                                    Article 6
     tion by specific measures,
                                                                    1. In order to promote, especially with a view to the
— if their financing is not provided for by Council                 reform of the Common Agricultural Policy, the develop-
     Regulation (EEC) N o . . . (FEDER/88):                         ment of rural areas of the Community in regions not
                                                                    covered by Objective 1, in particular by exploiting the
      — improving rural infrastructures which are necessary         indigenous development potential of those areas, Member
          for the development of agriculture and forestry,          States may submit rural development plans for geograp-
                                                                    hical areas at the territorial level considered appropriate,
      — measures to achieve diversification, especially those       selected in accordance with the criteria specified in Article 4
          providing multiple activities or alternative incomes      of Regulation (EEC) No... (COORD/88).
          for farmers,
                                                                    2. In accordance with Article 5 of Regulation (EEC)
— reparcelling and associated work,                                 No 2052/88 the Fund may finance operational program-
                                                                    mes, integrated operational programmes and global grants
                                                                    covered by Community support frameworks and concern-
— individual or collective land or pasture improvement,             ing one or more measures as referred to in Article 5.
— irrigation, including the renovation and improvement
     of irrigation networks, the creation of collective
     irrigation works from existing main channels, the                                         Article 7
                                                                     1. Rural development plans shall include the particulars
 (") OJ No L 128, 19.5. 1975, p. 1.                                 referred to in Article 11(3) of Regulation (EEC) No 2052/
 ---pagebreak--- No C 256/22                              Official Journal of the European Communities                                   3. 10. 88
88 and Article 5 of Regulation (EEC) No ... (COORD/88),             agricultural, forestry and fishery products are processed
and in addition:                                                    and marketed, as referred to in Article 2(2), in compliance
                                                                    with the following principles:
— a delimitation of the rural areas proposed and the
   reasons therefor. As a rule an area proposed must be a
   territorial unit at NUTS level III or a homogeneous area         —- Community assistance shall be subject to the approval
   not exceeding an area equivalent to regional NUTS level              of sector plans showing the need for the production
   HI,                                                                  sector concerned to be adjusted in line with the
                                                                        requirements of the Common Agricultural Policy and
— the particulars required for verifying compliance with                the Common Fisheries Policy,
   the selection criteria laid down in Article 4(2) of
   Regulation (EEC) No ... (COORD/88),
                                                                    — the form of assistance shall be an operational pro-
— particulars of the socio-economic environment of the
                                                                        gramme within the meaning of Article 5{5) of Regu-
   areas proposed.
                                                                        lation (EEC) No 2052/88 or a global grant as provided
                                                                        for in Article 5(2)(c) of that Regulation,
                           TITLE IV
      GENERAL AND TRANSITIONAL PROVISIONS                           — in areas of the Community other than those referred to
                                                                        in Articles 3 and 6 of this Regulation, assistance shall be
                            Article 8                                   granted only if the measures concern:
Assistance from the Fund for the measures provided for in
Article 5(2)(e) of Regulation (EEC) No 2052/88 may cover:                — the necessary adaptation of a sector of agriculture,
— carrying out pilot projects for promoting the develop-
   ment of rural areas, including the development and
                                                                         — conversion to products which are not in surplus,
   exploitation of woodland,
                                                                             including non-food products, or alternative forms
                                                                             of production,
— supporting such technical assistance and preparatory
   studies as are necessary for operations,
— studies to assess the effectiveness of the measures                    — forestry,
   provided for by this Regulation,
— carrying out demonstration projects to show farmers                    — fisheries.
   the real possibilities of systems, methods and techniques
   of production which are in accordance with the
   objectives of the reform of the Common Agricultural              2. With effect from the date of entry into force of the
   Policy.                                                          Council Decision referred to in paragraph 1, Council
                                                                    Regulation (EEC) No 355/77 (*) is hereby repealed.
                            Article 9
                                                                    However, projects concerning fisheries may still be
The Commission shall lay down the detailed provisions               submitted under that Regulation until ...
necessary for the implementation of this Regulation.
                                                                    3. By way of derogation from paragraph 2, Articles 6 to
                                                                    15 and 17 to 23 of Regulation (EEC) No 355/77 shall
                           Article 10
                                                                    continue to apply to projects submitted by the date of entry
                                                                    into force of the Council Decision referred to in paragraph
Member States shall supply the Commission with inform-
                                                                    1, or as regards the fishery sector, by ...
ation enabling it to verify that the provisions of Article 7(1)
of Regulation (EEC) No 2052/88 have been complied with.
                                                                    4. Operational programmes as referred to in Articles 4
                                                                    and 6 may, as soon as this Regulation enters into force,
                           Article 11                               include measures for improving the marketing and
                                                                    processing of agricultural, forestry and fishery products,
1. The Council, acting on a proposal from the Commis-               provided they comply with the relevant current provisions.
sion in accordance with the procedure laid down in Article
43 of the Treaty, shall by 31 December 1989 decide upon
the forms of and the conditions for the Fund contribution
to measures to improve the conditions under which                   (!) OJ No L 51, 23. 2. 1977, p. 1.
 ---pagebreak--- 3. 1 0 . 8 8                            Official Journal of the European Communities                              No C 256/23
                           Article 12                                                      Article 13
                                                                   This Regulation shall enter into force on 1 January 1989.
Article 1(3), Articles 6 to 6c and Article 7(2) of Regulation      This Regulation shall be binding in its entirety and directly
(EEC) No 729/70 are hereby repealed.                               applicable in all Member States.