COUNCIL  DIRECTIVE of 23 November 1995 concerning the Community list of less-favoured farming areas within  the meaning of Directive 75/268/EEC (Sweden) (95/498/EC)
THE COUNCIL OF THE  EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in  certain less-favoured areas  (1), and in particular Article 2 (2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament  (2),
Whereas a significant proportion of the territory of Sweden suffers from permanent natural  handicaps; whereas Declaration No 37 of the 1994 Act of Accession recognizes that the boundaries of  the mountain and other less-favoured farming areas within the meaning of Article 3 of Directive  75/268/EEC should be delimited without delay;
Whereas the permanent natural handicaps in these areas result in higher production costs and  prevent farmers from obtaining a reasonable income from their production at a level similar to that  available to comparable farmers in other regions;
Whereas, in accordance with Article 2 (1) of Directive 75/268/EEC, the Swedish Government has sent  the Commission a list of communes (kommuner) and, where necessary, parts of communes (foersamlingar)  likely to appear on the Community list of less-favoured farming areas, together with the  information relating to the characteristics of those areas;
Whereas the information available leads to the conclusion that all the areas situated north of the  62nd parallel are affected by very difficult climatic conditions the effect of which is to  substantially shorten the growing season and that they satisfy the conditions set out in Article 3  (3) of Directive 75/268/EEC;
Whereas the abovementioned Declaration No 37 allows Sweden to include, pursuant to Article 3 (3) of  Directive 75/268/EEC, four of the five agricultural support areas existing in the north of Sweden  at the time of accession of that State to the European Union;
Whereas certain adjacent communes may be classified within the meaning of Article 3 (3) in that  they are affected by very difficult climatic conditions the result of which is a substantially  shortened growing season of a maximum of 170 days with an average temperature not lower than 5   °C;
Whereas the steep slopes referred to in the second indent of Article 3 (3) of Directive 75/268/EEC  are defined as greater than 20  %;
Whereas, where there is a combination of the two factors altitude and steep slopes, as referred to  in the third indent of Article 3 (3) of Directive 75/268/EEC, a minimum altitude of 500 metres and  an average slope of at least 15  % are the characteristics selected;
Whereas, in cases involving the presence of infertile land and where the economic results of  farming are appreciably lower than the average, as referred to in Article 3 (4) (a) and (b) of  Directive 75/268/EEC, the areas have been defined using a standard index of yields of the main  annual crops and the gross value added of holdings per annual work unit (GVA/AWU);
Whereas the maximum value of the two average indices referred to above for each area has been fixed  at 80  % of the national average index; whereas, in specific cases, the average index of standard  yields is not taken into account in respect of the less-favoured farming areas where fodder land  within the meaning of Article 4 (g) (3), second indent of Council Regulation (EEC) No 805/68 of 27  June 1968 on the common organization of the market in beef and veal  (1), as amended by Regulation  (EEC) No 2066/92  (2), covers more than 70  % of the utilized agricultural area;
Whereas the following indices have been chosen in respect of low and dwindling population as  referred to in Article 3 (4) (c) of Directive 75/268/EEC: density not exceeding 50 inhabitants per  km2 without reference to the national average which is only 21 inhabitants per km2, or an annual  depopulation rate exceeding 0,5  %, with the working population engaged in farming forming a  significant proportion of the total working population of the commune;
Whereas, for the definition of the areas affected by specific handicaps which may be included among  the less-favoured areas referred to in Article 3 (5) of Directive 75/268/EEC the criterion selected  is the existence of unfavourable natural conditions (the two indices below the national average)  and of specific permanent handicaps characteristic of:
-  a hilly area with fragmented agricultural holdings,
-  a humid and marshy area,
-  an area regularly subject to flooding or affected by a poor surface and ground water balance,
-  coastal or lake island areas;
Whereas the total surface area of the areas referred to in Article 3 (5) of Directive 75/268/EEC  does not exceed 4  % of the total surface area of the Member State;
Whereas the nature and level of the above indices selected by the Swedish Government for  identifying the types of area notified to the Commission are in conformity with the characteristics  of mountain areas, less-favoured areas and areas affected by specific handicaps respectively, as  referred to in Article 3 (3), (4) and (5) respectively of Directive 75/268/EEC;
Whereas Sweden has a large number of islands; whereas the list of smaller islands classified in  accordance with Article 3 (5) may be supplemented at a future date and may be the subject of a  Commission decision pursuant to Article 2 (3) of Directive 75/268/EEC,
The less-favoured areas of Sweden shall be those listed in Annexes I,  II and III to this Directive and shall be included in the Community list of less-favoured farming  areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC.
This Directive is addressed to the Kingdom of Sweden.