Council Regulation (EC) No 1469/97 of 22 July 1997 derogating from certain provisions in Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops

COUNCIL REGULATION (EC) No 1469/97 of 22 July 1997 derogating from certain provisions in Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (1),
Whereas the support system for producers of certain arable crops established by Regulation (EEC) No 1765/92 (2) provides that, in order to qualify for compensatory payments under the general scheme, producers must set aside a predetermined percentage of their arable land; whereas this percentage is to be reviewed to take account of production and market developments;
Whereas, since the introduction of this system, the cereals market has achieved a better balance as a result of an increase in Community consumption; whereas this situation, together with the very low level of stocks and firm prices on the markets has also resulted in a significant reduction in public stocks and firm prices for cereals on the Community market;
Whereas, in the light of the present market situation for cereals and to avoid jeopardizing the Community's presence on the world market, the rate for set-aside beginning not later than 15 January 1998 should therefore be set for the 1998/1999 marketing year at the same level as for the 1997/1998 marketing year and the application of special set-aside should be suspended where the base area under the 1997/1998 marketing year is exceeded; whereas, as a corollary to this provision, the level of the penalty for exceeding an 'irrigated` ceiling should be made less severe;
Whereas in the event of a transfer of the set-aside requirement, the basic 17,5 % set-aside rate is increased by 3 %; whereas this increase should be adjusted in order to maintain a similar ratio between the basic rate and the percentage increase due on transfer, following the drop in the basic rate; whereas, in the event of a transfer of the set-aside requirement to areas which are sensitive from an environmental point of view, it is appropriate not to apply the abovementioned increase,