51995PC0401(02)

Proposal for a Council Regulation (EC) amending Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops

(95/C 260/09)

COM(95) 401 final - 95/0212(CNS)

(Submitted by the Commission on 27 July 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas Regulation (EEC) No 1765/92 (1), as last amended by Regulation (EC) No 1664/95 (2), provides for the application of extraordinary set-aside by producers benefiting from the general scheme of compensation in order to bring the production of arable crops down to a level in line with the outlets for those products, taking account of a basic set-aside requirement;

Whereas areas voluntarily set aside over and above the requirement for compulsory set-aside contribute to the control of arable crop production; whereas, however, areas voluntarily set aside do not ensure a reduction in production comparable to the reduction resulting from compulsory set-aside; whereas, therefore, account should be taken of this fact by deducting for the purposes of calculating extraordinary set-aside, only part of the areas voluntarily set-aside;

Whereas voluntarily set-aside is not always distinguished from compulsory set-aside in aid application forms; whereas the Member States must take the necessary measures to ensure that this distinction is made; whereas time should be allowed for this adjustment;

Whereas in Austria before accession durum wheat was cultivated over relatively limited areas; whereas that production, which is well established in certain regions, represents an important part of the cereal economy of those regions; whereas it is therefore desirable to protect that production by paying a supplement,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1765/92 is hereby amended as follows:

1. the penultimate sentence of the second indent of Article 2 (6) is replaced by the following:

'The percentage sentence rate for extraordinary set-aside shall be equal to the percentage by which the regional base area is exceeded, established by deducting 75 % of the area set aside under voluntary set-aside in accordance with Article 7 (6).`;

2. The following subparagraph is added to Article 4 (5):

'In Austria, the aid referred to in the previous subparagraph shall be granted up to a maximum of 5 000 ha in regions where production of that crop is well established.`

Article 2

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

It shall apply for the calculation of extraordinary set-aside to be carried out as a result of the application for compensation submitted from the 1996/97 marketing year.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No L 181, 1. 7. 1992, p. 12.

(2) OJ No L 158, 8. 7. 1995, p. 13.