Commission Regulation (EC) No 2930/95 of 18 December 1995 amending Regulation (EC) No 762/94 laying down detailed rules for the application of Council Regulation (EEC) No 1765/92 with regard to the set-aside scheme

COMMISSION REGULATION (EC) No 2930/95 of 18 December 1995  amending Regulation (EC) No 762/94 laying down detailed rules for the application of Council  Regulation (EEC) No 1765/92 with regard to the set-aside scheme
THE COMMISSION OF  THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system  for producers of certain arable crops  (1), as last amended by Regulation (EC) No 2800/95  (2), and  in particular the second subparagraph of Article 7 (1) and Article 12 thereof,
Whereas, by virtue of its application since its introduction, the set-aside scheme established by  Regulation (EEC) No 1765/92 must be considered an instrument for managing arable crop production  whose rate is likely to be changed in each marketing year on the basis of the market situation;  whereas this has been demonstrated by the fact that the Council has fixed as an exceptional measure  in two consecutive marketing years a set-aside rate different to the basic rate;
Whereas, in this context, the detailed rules for applying the set-aside scheme laid down by  Commission Regulation (EC) No 762/94  (3), as last amended by Regulation (EC) No 2015/95  (4),  should allow producers to make an annual adjustment to any rate change decided; whereas, as a  result, those producers who opted for the scheme provided for in Article 5 of that Regulation  should be allowed, should they so wish, to revoke their undertaking without being penalized;
Whereas, however, the guarantee of a minimum rate of compensation in return for setting aside land  for a minimum period is an important factor where certain environment measures are concerned;  whereas the revocation of undertakings already entered into for land left fallow pursuant to  Article 7 (1) of Regulation (EEC) No 1765/92 and for which environmental aid has been granted in  addition to the set-aside compensation should not, therefore, be facilitated; whereas for these  same reasons, access to the guarantee in respect of such land should be maintained;
Whereas the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder has not  delivered an opinion within the time limit set by its chairman,