COMMISSION REGULATION (EC) No 1237/95  of 31 May 1995 laying down detailed rules for the application of the stabilizer to the yields used  for the calculation of the compensatory payments referred to in Regulation (EEC) No 1765/92
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 the Act of Accession of Austria,  Finland and Sweden, and in particular Article 12 thereof,
Whereas, in order to prevent complicated regionalization plans resulting in actual yields which  significantly exceed historical yields, Regulation (EEC) No 1765/92 provides for the reduction of  compensatory payments during the following marketing year in proportion to the overrun of the  average historical yield resulting from the 1993 regionalization plans; whereas the procedure to be  used for measuring such overruns should be laid down and the historical reference yields inter alia  should be fixed;
Whereas Member States shall submit a summary statement pursuant to Commission Regulation (EEC) No  1664/93 of 29 June 1993 setting out the information to be provided by the Member States concerning  the support system for producers of certain arable crops  (2), whereas information contained in  those statements may be used for calculating the overruns;
Whereas the reference yields should be fixed at the level of the yields resulting from the  regionalization plans implemented in 1993; whereas it is thus not possible to set yields for the  new Member States;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Joint Management Committee for Cereals, Oil and Fats and Dried Fodder,
For the purposes of Article 3 (6) of Regulation (EEC) No 1765/92:
-  the summary statements of aid applications and the yields pertaining thereto shall be those  submitted by Member States pursuant to Regulation (EEC) No 1664/93,
-  the average historical yields resulting from the regionalization plans implemented in 1993 shall  be those set out in the Annex hereto.
For calculating the average yield on the basis of aid applications for a given  marketing year:
-  the proportional reduction referred to in the first indent of Article 2 (6) of Regulation (EEC)  No 1765/92 and the reduction referred to in the sixth subparagraph of Article 3 (1) of that  Regulation shall be applied, where appropriate, to the areas,
-  areas under oilseeds, areas covered by the five-year set-aside scheme provided for in Council  Regulation (EEC) No 2328/91  (3) and arable areas declared fodder areas for the payment of beef and  sheep premiums shall be considered to be areas for which compensation is paid on the basis of the  region's average cereal yield.
The Commission shall carry out a comparative examination of the information referred to  in Articles 1 and 2 hereof before 31 May of each year in accordance with the procedure referred to  in Article 12 of Regulation (EEC) No 1765/92 and shall fix the necessary corrective coefficients.
The coefficients referred to in Article 3 shall be applied to all compensatory payments  in the Member State or region in which the base area in question is situated, with the exception of  the amounts referred to in Article 4 (3), (4) and (5) of Regulation (EEC) No 1765/92.
This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities.
It shall apply from the 1994/95 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.