Commission Regulation (EC) No 321/94 of 11 February 1994 laying down exceptional measures in relation to the set- aside rules in order to alleviate the effects of severe flooding in certain areas of the Community

COMMISSION REGULATION (EC) No 321/94 of 11 February 1994 laying down exceptional measures in relation to the set-aside rules in order to alleviate the effects of severe flooding in certain areas of the Community
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 232/94 (2), and in particular Article 12 thereof,
Whereas eligibility for the compensatory payment under the general scheme referred to Article 2 (5) of Regulation (EEC) No 1765/92 is subject to an obligation to set-aside land; whereas the dtailed rules of application laid down in Commission Regulation  (EEC) No 2293/92 (3), as last amended by Regulation (EEC) No 2594/93 (4), specify that the set-aside period shall commence on 15 January at the latest and that no agricultural production is allowed on set-aside land;
Whereas, as a result of servere flooding, it is impossible for producers in certain areas within certain Member States to harvest existing crops, in particular of potatoes, sugar beet, fodder beet, carrots or parsnips prior to 15 January 1994 on land  destined to be set aside; whereas exceptionally the harvest of those crops prior to 28 February 1994 should, on an application by a producer, be allowed without this prohibiting the land from being validly set aside, provided that a producer provides  proof that the relevant conditions are satisfied;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,