Commission Regulation (EEC) No 915/89 of 10 April 1989 laying down detailed rules for the application of arrangements for producers who have taken part in the arrangements for the set-aside of arable land to be exempted from the co-responsibility levies in the cereals sector

COMMISSION  REGULATION (EEC) No 915/89
of 10 April 1989
laying down detailed rules for the application of arrangements for producers who have taken part in the arrangements for the set-aside of arable land to be exempted from the co-responsibility levies in the cereals sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Regulation (EEC) No 2727/75 of the Council of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 166/89 (2), and in particular Articles 4 (5) and 4b (5) thereof,
Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (3), as last amended by Regulation (EEC) No 591/89 (4), and in particular Article 1a (6) thereof,
Whereas co-responsibility levies for producers taking part in the scheme for the set-aside of arable land provided for in Regulation (EEC) No 797/85 in accordance with Commission Regulation (EEC) No 1272/88 of 29 April 1988 laying down detailed rules for applying the set-aside incentive scheme for arable land (5) may be reimbursed in respect only of quantities of cereals marketed during the marketing years in which production was affected by the said scheme;
Whereas a producer qualifying under the scheme provided for in Regulation (EEC) No 797/85 may also qualify under the direct-aid arrangements provided for in Council Regulation (EEC) No 729/89 of 20 March 1989 laying down general rules for the special arrangements applicable to small producers under the co-responsibility arrangements in the cereals sector (6); whereas, in that case and in the interest of proper management of the arrangements in question, the reimbursement provided for in Regulation (EEC) No 729/89 should be applied first; whereas, where that reimbursement is only partial, account should be taken of this under the arrangements laid down in Regulation (EEC) No 797/85;
Whereas, moreover, where a producer's undertaking to withdraw arable land from production is not fulfilled, provision should be made for the recovery of sums reimbursed, plus an amount making it not worthwhile to take advantage unduly of the reimbursement;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,