CELEX: 51988PC0832
Language: en
Date: 1988-12-14
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) INTRODUCING A SPECIFIC MEASURE FOR CERTAIN GRAIN LEGUMES

No C 6/8                                  Official Journal of the European Communities                                 7. 1. 89
HAS ADOPTED THIS REGULATION:                                         3.    However, in view of the reference income referred
                                                                     to in Article 2 (3) of Regulation (EEC) No 797/85 as
                            Article 1                                reduced in Portugal pursuant to Regulation (EEC) N o
1.    In order to assist Portuguese farmers in less-                 1316/86 (5), Portugal is hereby exempted from the
favoured areas within the meaning of Article 3 of                    restriction laid down in Article 15 (4) of the abovemen-
Council Directive 75/268/EEC of 28 April 1975 on                     tioned Regulation.
mountain and hill farming and farming in certain less-
favoured areas (') to overcome the exceptional diffi-                                          Article 2
culties due to the bad weather conditions prevailing in
                                                                     1.    The common measure provided for in Article 1
1988, a common measure within the meaning of Article                 shall apply for one year.
6 (2) of Council Regulation (EEC) No 729/79 of 21
April 1970 on the financing of the common agricultural               2.    The Community's contribution shall be limited to
policy (*), as least amended by Regulation (EEC) No                  ECU 20 million.
2048/88 (3), is hereby instituted by way of an exception.
2.    The common measure involves a financial contri-                                          Article 3
bution from the Community to payments made by                       Articles 23, 25, 27 and 28 of Regulation (EEC) No
Portugal to supplement the compensatory allowances                   797/85 shall apply to the common measure provided for
paid in 1989 pursuant to Title III of Regulation (EEC)               in Article 1.
N o 797/85, as last amended by Regulation (EEC) No
1098/88 (4). It shall be limited to supplementary                                              Article 4
payments made under the arrangements applicable in
1989 and must comply with the limits and conditions laid            This Regulation shall enter into force on the third day
down in Articles 14 and 15 of the abovementioned                     following its publication in the Official Journal of the
Regulation.                                                          European Communities.
                                                                    This Regulation shall be binding in its entirety and
(') OJ No   L 128, 19. 5. 1975, p. 1.                                directly applicable in all Member States.
(2) OJ No   L 94, 28. 4. 1970, p. 13.
O   OJ No   L 185, 15. 7. 1988, p. 1.
O   OJ No   L 106, 27. 4. 1988, p. 28.                               O OJ No L 115, 3. 5. 1986, p. 17.
              Proposal for a Council Regulation (EEC) introducing a specific measure for certain grain
                                                              legumes
                                                        COM(88) 832 final
                                       (Submitted by the Commission on 22 December 1988)
                                                            (89/C 6/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas, in the framework of the aid scheme for the
                                                                     set-aside of arable land introduced by Council Regu-
                                                                     lation (EEC) No 795/85 of 12 March 1985 on
Having regard to the Treaty establishing the European
                                                                     improving the efficiency of agricultural structures ('), as
Economic Community, and in particular Article 43
                                                                     last amended by Regulation (EEC) No 1094/88 (2), the
thereof,
                                                                     Council has laid down that certain Member States may
                                                                     authorize the cultivation of lentils, chick-peas and
Having regard to the proposal from the Commission,                   vetches on arable land withdrawn from production
                                                                     pursuant to the abovementioned measures; whereas the
                                                                     objective of obtaining the abovementioned crops may
Having regard        to   the   opinion    of   the  European
                                                                     also be achieved by granting an aid per hectare for areas
Parliament,                                                          at present under those crops during the period of
                                                                     application of the arrangements for the set-aside of
 Having regard to the opinion of the Economic and                     arable land; whereas, as a corollary, the amount of the
 Social Committee,                                                    aid granted must be fixed according to the levels of aid
                                                                     paid under the arrangements laid down in Regulation
                                                                      (EEC) No 797/85;
 Whereas the maintenance of crops of grain legumes such
 as lentils, chick-peas and vetches is in the Community
 economic interest and prevents imbalance on the                      (') OJ No L 93, 30. 3. 1985, p. 1.
 Community market;                                                    O OJ No L 106, 27. 4. 1988, p. 28.
 ---pagebreak--- 7. 1. 89                              Official Journal of the European Communities                                No C 6/9
Whereas, however, the effect of granting the aid must            The areas of arable land to which point (b) of the third
not be to encourage an increase in areas under the crops         subparagraph of Article la (3) of Regulation (EEC) No
in question; whereas a maximum guaranteed area, which            797/85 shall not be included when carrying out the veri-
if exceeded will result in a reduction of the aid for the        fication provided for in the first subparagraph.
following marketing year, should be determined,
                                                                                           Article 3
HAS ADOPTED THIS REGULATION:
                                                                 The production aid instituted by this Regulation shall be
                                                                 deemed an intervention measure to regulate the agri-
                         Article 1                               cultural markets within the meaning of Article 3 (3) of
Aid for the production of the following grain legumes is         Council Regulation (EEC) No 729/70 (').
hereby instituted:
                                                                                           Article 4
— lentils covered by CN code 0713 40 90,
                                                                 The Commission shall lay clown detailed rules for the
— chick-peas covered by CN code 0713 20 90, and
                                                                 application of this Regulation in accordance with the
— vetches of the species Vicia sativa L. and Vicia ervilla       procedure provided for in Article 22 of Regulation
    Willd. covered by CN code ex 0713 90 90.                     (EEC) No 426/86 on the common organization of the
                                                                 market in products processed from               fruit and
                         Article 2                               vegetables (2), as last amended by Regulation (EEC) No
                                                                 2247/88 (3). In accordance with that procedure the
1.    The aid shall be granted by marketing year for the         Commission shall fix the amount of the aid and the
production of the grain legumes listed in Article 1. The         maximum guaranteed area; it shall verify if necessary the
marketing year shall commence on 1 July and shall end            extent by which the maximum guaranteed area is
on 30 June.                                                      exceeded and shall determine the resulting reduction in
                                                                 the aid.
The aid shall not be granted for areas qualifying for aid
to encourage the withdrawal of arable land pursuant to
Regulation (EEC) No 797/85.                                                                Article 5
The aid shall be fixed per hectare of area sown and              This Regulation shall enter into force on . . .
harvested. It shall vary with the aid granted for areas in
which the products referred to in Article 1 are sown             The specific measure introduced by this Regulation shall
under the aid scheme to encourage the set-aside of               apply during the period of application of the aid scheme
arable land.                                                     to encourage the set-aside of arable land provided for in
                                                                 Council Regulation (EEC) No 797/85.
2.    Where the areas on which the abovementioned
grain legumes are grown exceed a maximum guaranteed              This Regulation shall be binding in its entirety and
Community area, the aid shall be reduced for the                 directly applicable in all Member States.
following marketing year in proportion to the amount by
which the maximum guaranteed area is exceeded. The
maximum guaranteed area shall be the average of the              O OJ No L 94, 28. 4. 1970, p. 1.
areas cultivated in the Community in the 1985/86,                (2) OJ No L 49, 27. 2. 1986, p. 1.
1986/87 and 1987/88 marketing years.                             (3) OJ No L 198, 26. 7. 1988, p. 21.