Proposal for a

COUNCIL REGULATION (EC) No . . .

of . . .

introducing a specific measure in respect of certain grain legumes

(96/C 125/03)

96/0058(CNS)

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 Council Regulation (EEC) No 762/89 (1), as amended by Regulation (EEC) No 2064/92 (2), introduces a specific measure for certain grain legumes; whereas this measure expires on 30 June 1996;

Whereas maintaining the cultivation of grain legumes such as lentils, chick peas and vetches is of economic importance to the Community,

Whereas the objective of maintaining such crops may be achieved by granting aid per hectare; whereas the aid must be fixed at a rate enabling the abovementioned objective to be achieved; whereas the current rate of aid of ECU 181 per hectare is satisfactory;

Whereas Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops (3), as last amended by Regulation (EC) No . . . (4), lays down constraints on areas on which the compensatory aid is payable, in particular in respect of oilseeds; whereas the cultivation of such grain legumes provides a viable alternative and prevents imbalance on the Community market; whereas, however, too great an extension of areas under such crops should be avoided; whereas that can be achieved by fixing a maximum guaranteed area of 400 000 hectares,

HAS ADOPTED THIS REGULATION:

Article 1

Aid shall be granted for the production of the following grain legumes:

- lentils covered by CN code 0713 40 90 (other),

- chick peas covered by CN code 0713 20 90 (other),

- vetches of the species Vicia sativa L. and Vicia ervilla Willd. covered by CN code ex 0713 90 90 (other).

Article 2

1. The aid shall be granted by marketing year for the production of the grain legumes covered by Article 1. The marketing year shall run from 1 July to 30 June.

No aid shall be payable on any area subject to financing under Article 1 (2) or (3) of Regulation (EEC) No 729/70 (5), as last amended by Regulation (EEC) No 2048/88 (6).

2. Without prejudice to Article 3, the aid per hectare of area sown and harvested shall be ECU 181/ha.

Article 3

Where the areas sown to the grain legumes covered by Article 1 exceed a maximum guaranteed area of 400 000 hectares, the aid in respect of the current marketing year shall be reduced proportionately.

Article 4

The production aid introduced by this Regulation shall be deemed intervention intended to stabilize agricultural markets within the meaning of Article 3 (3) of Regulation (EEC) No 729/70.

Article 5

1. The Member States shall notify the Commission by no later than 15 September of each marketing year of the areas covered by aid applications.

2. The Member States shall notify the Commission by no later than 1 November of each marketing year of the areas in respect of which the aid is payable.

Article 6

The Commission shall lay down detailed rules of application in accordance with the procedure provided for in Article 17 of Regulation (EC) No 603/95 (1). In accordance with that procedure, the Commission shall determine the overrun in the maximum guaranteed area and shall fix the definitive aid by no later than 15 November of the marketing year in question.

Article 7

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 1 July 1996.

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

Done at . . .

For the Council

. . .

(1) OJ No L 80 , 23. 3. 1989, p. 76.

(2) OJ No L 215 , 30. 7. 1992, p. 47.

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

(4) See page 1 of this Official Journal.

(5) OJ No L 94 , 28. 4. 1970, p. 13.

(6) OJ No L 185 , 15. 7. 1988, p. 1.

(1) OJ No L 63 , 21. 3. 1995, p. 1.