Article 1 
1. Direct aid shall be granted to small producers of the products listed in Article 1 (a) and (b) of Regulation (EEC) No 2727/75 and in Article 1 of Regulation (EEC) No 1431/82 and of the products falling within CN codes 1201 00 90, 1205 00 90 and 1206 00 90 and listed in Article 1 (2) of Regulation No 136/66/EEC. 2. The aid shall be fixed, per hectare of area sown and harvested, in accordance with the procedure laid down in Article 43 (2) of the Treaty. The aid may vary by area of production. 3. The aid to be paid to each recipient shall be calculated on the basis of the area cultivated. However, the aid shall be paid in respect of no more than 10 hectares per farmer. Article 2 1. Any farmer: - whose utilized agricultural area does not exceed 30 hectares, including areas which are the subject of set-aside under Regulation (EEC) No 797/85, - whose main source of agricultural income is the production of the products referred to in Article 1, - who practises farming as his main occupation or who meets the conditions laid down in Article 2 (1) (a) of Regulation (EEC) No 797/85, shall be deemed a small producer. 2. Farmers with less than one hectare of utilized agricultural area shall not be eligible for the aid. However, the Member States where the average area of holdings is less than the Community average may fix the limit referred to above at 0,5 hectares. Article 3 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 26 of Regulation (EEC) N° 2727/75 or the corresponding procedures laid down in Regulations No 136/66/EEC and (EEC) No 1431/82. In this context, the Commission will provide, in particular, for the possibility for Member States to exclude from the calculation of the surface criterion the fallow land in regions where fallowing is a normal part of the crop rotational system and where the producers are not benefiting from set-aside under Regulation (EEC) N° 797/85. Article 4 1. The aid scheme provided for in this Regulation shall be applicable as from the 1990/91 marketing year. It shall not be applicable in Member States which decide to apply the system provided for in the first indent of the second subparagraph of Article 4 (1) of Regulation (EEC) No 2727/75. Member States shall inform the Commission by 31 May 1990 of the system they intend to apply. 2. The Council, according to the procedure provided for in Article 43 (2) of the Treaty and on the basis of a report from the Commission on the operation of the aid scheme provided for in this Regulation, shall decide, before 31 March 1992, on the arrangements to be applied as from the 1992/93 marketing year. Article 5 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1990. For the Council The President D. J. O'MALLEY (1) OJ N° C 49, 28. 2. 1990, p. 10. (2) OJ N° C 96, 17. 4. 1990. (3) OJ N° C 112, 7. 5. 1990, p. 34. (4) OJ N° L 281, 1. 11. 1975, p. 1. (5) See page . . of this Official Journal. (6) OJ N° L 162, 12. 6. 1982, p. 28. (7) OJ N° L 110, 29. 4. 1988, p. 16. (8) OJ N° L 172, 30. 9. 1966, p. 3025/66. (9) OJ N° L 128, 11. 5. 1989, p. 15. (10) OJ N° L 93, 30. 3. 1985, p. 1 (11) OJ N° L 83, 30. 3. 1990, p. 1.
Article 2 
1. Any farmer: - whose utilized agricultural area does not exceed 30 hectares, including areas which are the subject of set-aside under Regulation (EEC) No 797/85, - whose main source of agricultural income is the production of the products referred to in Article 1, - who practises farming as his main occupation or who meets the conditions laid down in Article 2 (1) (a) of Regulation (EEC) No 797/85, shall be deemed a small producer. 2. Farmers with less than one hectare of utilized agricultural area shall not be eligible for the aid. However, the Member States where the average area of holdings is less than the Community average may fix the limit referred to above at 0,5 hectares. Article 3 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 26 of Regulation (EEC) N° 2727/75 or the corresponding procedures laid down in Regulations No 136/66/EEC and (EEC) No 1431/82. In this context, the Commission will provide, in particular, for the possibility for Member States to exclude from the calculation of the surface criterion the fallow land in regions where fallowing is a normal part of the crop rotational system and where the producers are not benefiting from set-aside under Regulation (EEC) N° 797/85. Article 4 1. The aid scheme provided for in this Regulation shall be applicable as from the 1990/91 marketing year. It shall not be applicable in Member States which decide to apply the system provided for in the first indent of the second subparagraph of Article 4 (1) of Regulation (EEC) No 2727/75. Member States shall inform the Commission by 31 May 1990 of the system they intend to apply. 2. The Council, according to the procedure provided for in Article 43 (2) of the Treaty and on the basis of a report from the Commission on the operation of the aid scheme provided for in this Regulation, shall decide, before 31 March 1992, on the arrangements to be applied as from the 1992/93 marketing year. Article 5 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1990. For the Council The President D. J. O'MALLEY (1) OJ N° C 49, 28. 2. 1990, p. 10. (2) OJ N° C 96, 17. 4. 1990. (3) OJ N° C 112, 7. 5. 1990, p. 34. (4) OJ N° L 281, 1. 11. 1975, p. 1. (5) See page . . of this Official Journal. (6) OJ N° L 162, 12. 6. 1982, p. 28. (7) OJ N° L 110, 29. 4. 1988, p. 16. (8) OJ N° L 172, 30. 9. 1966, p. 3025/66. (9) OJ N° L 128, 11. 5. 1989, p. 15. (10) OJ N° L 93, 30. 3. 1985, p. 1 (11) OJ N° L 83, 30. 3. 1990, p. 1.
Article 3 
Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 26 of Regulation (EEC) N° 2727/75 or the corresponding procedures laid down in Regulations No 136/66/EEC and (EEC) No 1431/82. In this context, the Commission will provide, in particular, for the possibility for Member States to exclude from the calculation of the surface criterion the fallow land in regions where fallowing is a normal part of the crop rotational system and where the producers are not benefiting from set-aside under Regulation (EEC) N° 797/85. Article 4 1. The aid scheme provided for in this Regulation shall be applicable as from the 1990/91 marketing year. It shall not be applicable in Member States which decide to apply the system provided for in the first indent of the second subparagraph of Article 4 (1) of Regulation (EEC) No 2727/75. Member States shall inform the Commission by 31 May 1990 of the system they intend to apply. 2. The Council, according to the procedure provided for in Article 43 (2) of the Treaty and on the basis of a report from the Commission on the operation of the aid scheme provided for in this Regulation, shall decide, before 31 March 1992, on the arrangements to be applied as from the 1992/93 marketing year. Article 5 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1990. For the Council The President D. J. O'MALLEY (1) OJ N° C 49, 28. 2. 1990, p. 10. (2) OJ N° C 96, 17. 4. 1990. (3) OJ N° C 112, 7. 5. 1990, p. 34. (4) OJ N° L 281, 1. 11. 1975, p. 1. (5) See page . . of this Official Journal. (6) OJ N° L 162, 12. 6. 1982, p. 28. (7) OJ N° L 110, 29. 4. 1988, p. 16. (8) OJ N° L 172, 30. 9. 1966, p. 3025/66. (9) OJ N° L 128, 11. 5. 1989, p. 15. (10) OJ N° L 93, 30. 3. 1985, p. 1 (11) OJ N° L 83, 30. 3. 1990, p. 1.
Article 4 
1. The aid scheme provided for in this Regulation shall be applicable as from the 1990/91 marketing year. It shall not be applicable in Member States which decide to apply the system provided for in the first indent of the second subparagraph of Article 4 (1) of Regulation (EEC) No 2727/75. Member States shall inform the Commission by 31 May 1990 of the system they intend to apply. 2. The Council, according to the procedure provided for in Article 43 (2) of the Treaty and on the basis of a report from the Commission on the operation of the aid scheme provided for in this Regulation, shall decide, before 31 March 1992, on the arrangements to be applied as from the 1992/93 marketing year. Article 5 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1990. For the Council The President D. J. O'MALLEY (1) OJ N° C 49, 28. 2. 1990, p. 10. (2) OJ N° C 96, 17. 4. 1990. (3) OJ N° C 112, 7. 5. 1990, p. 34. (4) OJ N° L 281, 1. 11. 1975, p. 1. (5) See page . . of this Official Journal. (6) OJ N° L 162, 12. 6. 1982, p. 28. (7) OJ N° L 110, 29. 4. 1988, p. 16. (8) OJ N° L 172, 30. 9. 1966, p. 3025/66. (9) OJ N° L 128, 11. 5. 1989, p. 15. (10) OJ N° L 93, 30. 3. 1985, p. 1 (11) OJ N° L 83, 30. 3. 1990, p. 1.
Article 5 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1990