CELEX: 31986R2224
Language: en
Date: 1986-07-14 00:00:00
Title: Council Regulation (EEC) No 2224/86 of 14 July 1986 adapting, on account of the accession of Spain, Regulations (EEC) No 797/85, (EEC) No 355/77 and (EEC) No 1360/78 on agricultural structures

No L 194/4                              Official Journal of the European Communities                                     17. 7. 86
                                       COUNCIL REGULATION (EEC) No 2224/86
                                                          of 14 July 1986
                   adapting, on account of the accession of Spain, Regulations (EEC) No 797/85,
                          (EEC) No 355/77 and (EEC) No 1360/78 on agricultural structures
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            loped and, in many cases, in need of rationalization ;
                                                                    whereas the expansion and improvement of marketing
 Having regard to the Treaty establishing the European              and processing facilities are essential if agricultural struc­
 Economic Community, and in particular Article 43                   tures, which are particularly inadequate in many regions
thereof,                                                            of Spain including the Canary Islands, are to be deve­
                                                                    loped and if production is to be redirected and adapted in
 Having regard to the proposal from the Commission ('),             line with market requirements ;
 Having regard to the opinion of the European Parli­                Whereas, particularly because of the slowness of overall
ament (2),                                                          economic development and financing difficulties,
                                                                    economic initiatives to improve the processing and
Whereas the Declaration made by the Community on 18                 marketing of agricultural products in such regions cannot
April 1985 in the context of the negotiations on Spain's            be encouraged without particularly intensive efforts suited
accession to the Communities provides that, following               to the requirements of the various regions ; whereas there
Spanish accession, there should be an extension to that             should consequently be an increase in the Community
State of the scope of certain specific provisions and more          financial contribution provided for in Council Regulation
favourable conditions laid down in the Community's                  (EEC) No 355/77 of 15 February 1977 on common
horizontal legislation as at the date of accession, and in          measures to improve the conditions under which agricul­
particular those on behalf of less-favoured areas ;                 tural and fishery products are processed and marketed (*),
                                                                    as last amended by Regulation (EEC) No 3827/85 ;
Whereas the structural situation in Spanish agriculture
and the situation on the Spanish capital markets justify            Whereas, in the same context, application of the common
the application of the special conditions referred to in            measure introduced by Council Regulation (EEC) No
Article 2 ( 1 ) (d) and Article 4 (2) of Council Regulation         1360/78 of 19 June 1978 on producer groups and associa­
(EEC) No 797/85 of 12 March 1985 on improving the                   tions thereof (6), as last amended by Regulation (EEC) No
efficiency of agricultural structures (3), as last amended by       3827/85 may help to achieve the abovementioned objec­
Regulation (EEC) No 3827/85 (4) ;                                   tives,
Whereas in the mountain areas and less-favoured areas of
Spain the minimum level of utilized agricultural area for
farms qualifying for the compensatory allowance referred
                                                                    HAS ADOPTED THIS REGULATION :
to in Title III of Regulation (EEC) No 797/85 is too high,
at three hectares, given the preponderance of very small
farms in that country ; whereas the level should be fixed
at two hectares ;                                                                               Article 1
Whereas in the less-favoured areas of Spain, including              Regulation (EEC) No 797/85 is hereby amended as
those on the Canary Islands, the 25 % rate of reimburse­            follows :
ment for eligible expenditure on investment aids, and in
particular the measures referred to in Title III of Regula­
tion (EEC) No 797/85, seems insufficient to enable these            1 . The second subparagraph of Article 2 ( 1 ) (d) shall be
measures to be effectively implemented ; whereas the rate               replaced by the following :
should therefore be increased to 50 % ;
                                                                        'However, in the less-favoured areas determined in
                                                                        accordance     with   Article  2  and    3   of   Directive
Whereas the areas to which the 50 % reimbursement rate
                                                                        75/268 /EEC, the Kingdom of Spain, the Hellenic
is to apply can be determined only at the time of the                   Republic, the Italian Republic, as regards the Mezzogi­
establishment of the Community list of less-favoured                    orno including the islands, and the Portuguese
areas in Spain ;                                                        Republic, as regards its entire territory, shall be autho­
                                                                        rized to accept improvement plans submitted during
Whereas in many regions of Spain the marketing and                      the first three years of the duration of this measure
processing of agricultural products are insufficiently deve­            and, in the case of Spain and Portugal, submitted
                                                                        during the first three years following the entry into
(') OJ No C 146, 13 . 6. 1986, p. 13.                                   force of the provisions implementing, in these two
(2) Opinion delivered on 1 1 July 1986 (not yet published in the
    Official Journal).
(3) OJ No L 93 , 30 . 3 . 1985, p. 1 .                              0 OJ No L 51 , 23 . 2. 1977, p. 1 .
(4) OJ No L 372, 31 . 12. 1985, p. 1 .                              h) OJ No L 166, 23. 6. 1978, p. 1 .
 ---pagebreak---  17. 7. 86                               Official Journal of the European Communities                             No L 194/5
     Member States, the measures provided for in Title I, by                   Greater Athens, in Portugal, in the French
     holdings which do not satisfy the condition laid down                     overseas departments and in the autonomous
     in this point, provided that the volume of work on the                    regions of Galicia, Castilla y Leon, Castilla-la­
     holding does not require more than the equivalent of                      Mancha,    Extremadura,     in  Andalucia    the
     one MWU and that projected investments do not                             provinces of Granada and Huelva, in Aragon
     exceed 25 000 ECU.'                                                       the provicences of Huesca and Teruel, and the
                                                                               Canary Islands in Spain .
2. The last sentence of the last subparagraph of Article 4
    (2) shall be replaced by the following :                               Moreover, the Commission may, if this is justified
                                                                           by the situation on the capital market of a
    'In the case of Spain and Portugal, the period referred                Member State, authorize that Member State to
    to above shall begin on the date of the entry into force               reduce the beneficiary's financial contribution
    of the provisions implementing, in these two Member                    from 50 % to 45 % , in accordance with the proce­
    States, the measures specified in Title I.'                            dure laid down in Article 22 ;
3 . The last subparagraph of Article 14 ( 1 ) shall be                (b) the financial contribution of the Member States on
    replaced by the following :                                            whose territory the project is to be carried out
                                                                           must be not less than 5 % ;
    'However, in the Mezzogiorno, including the islands,
    in the regions in the French overseas departments and             (c) the aid granted by the Fund shall not exceed :
    in the Greek, Portuguese and Spanish regions, the                     — 50 % for projects carried out in the Mezzogi­
    minimum utilized agricultural area per holding shall                      orno, in the less-favoured areas of the West of
    be two hectares .'
                                                                              Ireland, in all regions of Greece except Greater
4. The following paragraph 4 shall be added to Article                        Athens, in Portugal, in the French overseas
    26 :                                                                      departments and in the autonomous regions of
                                                                              Galicia, Castilla y Leon, Castilla-la-Mancha,
    '4. The Council, when drawing up the list of less­                        Extremadura, in Andalucia the provinces of
    favoured agricultural areas in Spain within the                           Granada and Huelva, in Aragon the provinces
    meaning of Article 3 of Directive 75/268/EEC, shall                       of Huesca and Tereul, and the Canary Islands
    determine those which shall qualify for the 50 % rate                     in Spain,
    of reimbursement for the measures referred to in
    Articles 3, 4, 14 and 17.'
                                                                          — 35 % for projects carried out in Languedoc­
                                                                              Roussillon and in the departments of Vaucluse,
                                                                              Bouches-du-Rhone, Var, Ardeche and Drome
                           Article 2                                          in France, and in the autonomous regions of
                                                                              the Principado de Asturias, Cantabria, Pais
Regulation (EEC) No 355/77 is hereby amended as                               Vasco excluding the province of Vizcaya,
follows :
                                                                              Comunidad Foral de Navarra, Rioja, in Aragon
                                                                              the province of Zaragoza, Cataluna excluding
Article 1 7 shall be replaced by the following :                              the province of Barcelona, Comunidad Valen­
     'Article 17                                                              ciana, Region de Murcia, Andalucia excluding
      1.   Aid from the Fund shall consist of capital grants                  the provinces of Granada and Huelva and the
                                                                              Comunidad Autonoma de las Islas Baleares in
     paid in a lump sum or instalments.
                                                                              Spain,
     2.    For each project, in relation to the investment                — 25 % in other regions ; however, the Commis­
     made :                                                                   sion may, in accordance with the procedure
                                                                              laid down in Article 22, increase this to a
     (a) the financial contribution of the beneficiary must
          be not less than 50 % ; however, this shall be                      maximum of 30 % in the case of projects
          reduced to :                                                        referred to in Article 1 1 (c).
         — 35 % in the case of projects carried out in                3 . Where aid is granted by the Fund for the
             Languedoc-Roussillon and the departments of              purchase of harvesting equipment under Article 6 (f),
             Vaucluse, Bouches-du-Rhone, Var, Ardeche                 the percentages referred to in paragraph 2 shall be
             and Drome in France, and in the autonomous               determined as follows :
             regions of the Principado de Asturias, Canta­            (a) the financial contribution of the beneficiary must
             bria, Pais Vasco excluding the province of                   be at least- 80 % and, in the case of Greece,
             Yizcaya, Comunidad Foral de Navarra, Rioja,                  Ireland, Italy, Portugal and Spain, for projects
             in Aragon the province of Zaragoza, Cataluna,                submitted before 31 December 1986, not less than
             excluding the province of Barcelona, Comu­                   70 % .
             nidad Valenciana, Region de Murcia, Andalucia
             excluding the provinces of Granada and                       However, this contribution shall be reduced to :
             Huelva and the Comunidad Autonoma de las                     — 70 % and, in the case of projects submitted
             Islas Baleares,                                                  before 31 December 1986, 60 % in the case of
         — 25 % in the case of projects carried out in the                    projects carried out in Mezzogiorno, in the
             Mezzogiorno, in the less-favoured areas of the                   less-favoured areas of the West of Ireland, in
             West of Ireland, in all regions of Greece except                 all regions of Greece except Greater Athens, in
 ---pagebreak--- No L 194/6                           Official Journal of the European Communities                                    17 . 7 . 86
          Portugal and in the autonomous regions of                            provinces of Granada and Huelva and the
          Galicia, Castilla y Leon, Castilla-la-Macha,                         Comunidad Autonóma de las Islas Baleares in
          Extremadura, in Andalucia the provinces of                           Spain,
          Granada and Huelva, in Aragon the provinces                    — 10 % in other regions and 20 % in the case of
          of Huesca and Tereul, and the Canary Islands                         projects submitted before 31 December 1986
          in Spain,                                                            in the other regions of Greece, Ireland, Italy
      — 70 % in the case of projects carried out in the                        and Spain.'
          French overseas departments and those of
          Vaucluse, Bouches-du-Rhone, Var, Ardeche                                          Article 3
         .and Drome in France and in the autonomous
          regions of the Principado de Asturias, Canta­        Regulation (EEC) No 1360/78 is hereby amended as
                                                               follows :
          bria, Pais Vasco excluding the province of
          Vizcaya, Comunidad Foral de Navarra, Rioja,           1 . The fifth indent of Article 2 shall be replaced by the
          in Aragon the province of Zaragoza, Calaluna              following :
          excluding the province of Barcelona, Comu­
          nidad Valenciana, Region de Murcia, Andalucia             '— the whole of Portugal and Spain,'
          excluding the provinces of Granada and               2. In Article 3 ( 1 ) the first sentence shall be replaced by
          Huelva and the Comunidad Autonoma de las                  the following :
          Islas Baleares ;
                                                                    '1 .     In the case of Italy, Greece, Portugal and Spain,
  (b) The aid granted by the Fund shall not exceed :                this Regulation shall apply to the following products
      — 20 % and, in the case of projects submitted                 provided that such products are produced in those
                                                                    countries :'.
          before 31 December 1986, 30 % in the case of
          projects carried out in the Mezzogiorno, in the      3 . In the second indent of Article 11 ( 1 ), the first sub-in­
          less-favoured areas of the West of Ireland, in
                                                                    dent shall be replaced by the following :
          all regions of Greece except Greater Athens, in
          Portugal and in the autonomous regions of                 '— in existence for more than three years on the date
          Galicia, Castilla y Leon, Castilla-la-Mancha,                  of the entry into force of this Regulation and, in
          Extremadura, in Andalucia the provinces of                     the case of Greece, Portugal and Spain, on the day
          Granada and Huelva, in Aragon the provinces                    of accession,'.
          of Huesca and Teruel, and the Canary Islands         4. In Article 19 , the end of the second indent shall be
          in Spain,                                                 replaced by the following :
      — 20 % in the case of projects carried out in the
          French overseas departments, in Languedoc­                'and in the case of Portugal and Spain, by 31 March
                                                                     1987 .'
          Roussillon and in the departments of Vaucluse,
          Bouches-du-Rhone, Var, Ardeche and Drome
                                                                                            Article 4
          in France, and in the autonomous regions of
          the Principado de Asturias, Pais Vasco, Comu­        This Regulation shall enter into force on the day
          nidad Foral de Navarra, Rioja, in Aragon the          following that of its publication in the Official Journal of
          province of Zaragoza, Cataluna excluding the          the European Communities.
          province of Barcelona, Comunidad Valenciana,
          Region de Murcia, Andalucia excluding the             It shall apply with effect from 1 January 1986 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 14 July 1986.
                                                                                For the Council
                                                                                 The President
                                                                                 M. JOPLING