Council Regulation (EC) No 2989/95 of 19 December 1995 amending Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops

COUNCIL  REGULATION (EC) No 2989/95 of 19 December 1995 amending 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 Regulation (EEC) No 1765/92  (2), provides for the application of extraordinary set-aside  by producers benefiting from the general scheme of compensation in order to bring the production of  arable crops down to a level in line with the outlets for those products, taking account of a basic  set-aside requirement;
Whereas areas voluntarily set aside over and above the requirement for compulsory set-aside  contribute to the control of arable crop production; whereas, however, areas voluntarily set aside  do not ensure a reduction in production comparable to the reduction resulting from compulsory  set-aside; whereas, therefore, account should be taken of this fact by deducting, for the purposes  of calculating extraordinary set-aside, only part of the areas voluntarily set aside;
Whereas voluntary set-aside is not always distinguished from compulsory set-aside in aid  application forms; whereas the Member States must take the necessary measures to obtain data  concerning the areas set aside under voluntary set-aside; whereas time should be allowed for this  adjustment;
Whereas exceptional climatic conditions may have the effect of lowering average yields and be the  reason for the base areas being exceeded; whereas, in those circumstances, it would be fair to  exempt the regions affected partially or totally from extraordinary set-aside;
Whereas the present situation on the market for arable crops is such that an overshoot in the  regional base area by less than 1  % may be regarded as de minimis; whereas in such a situation the  penalty laid down in the second indent of Article 2 (6) of Regulation (EEC) No 1765/92 should not  be applied;
Whereas it is therefore necessary to amend Regulation (EEC) No 1765/92;
Whereas in Austria before accession durum wheat was cultivated over relatively limited areas;  whereas that production, which is well established in certain regions, represents an important part  of the cereal economy of those regions; whereas it is therefore desirable to protect that  production by paying a supplement,