No L 134/10 Official Journal of the European Communities 28.5.90 COUNCIL REGULATION (EEC) No 1346/90 - of 14 May 1990 instituting aid for small producers of certain arable crops - THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, : Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the. Economic and Social Committee (3), Whereas the reduction in support granted to the markets in most agricultural products and in particular the introduction of the stabiljzers have considerable effects on the income of small producers of arable crops; whereas, in accordance with the content_of the Commission’s communication on rural development, measures should be introduced to alleviate those effects, the scope of which is wider than simply the aid granted to small producers of cereals, which was introduced to reduce the impact of the co-responsibility levy; Whereas, with- a view to achieving the abovementioned objectives, provision should be made for the granting of aid per hectare, intended to offset loss of income, to producers of the products listed in Article1 (a) and (b) of Council Regulation (EEC) No 2727/75 of 29 October 1975 on the - common -organization of the marketin cereals (4), as last amended by.Regulation (EEC) No 1340/90 (), of .the products listed .in Article 1 of Council Regulation (EEC): No 1431/82 of 18 May 1982 laying down special measures for peas, field beans and sweet lupins (¢), as last amended by Regulation (EEC) No 1104/88(7), and of certain products listed in Article 1(2) of Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common-organization of the market in oils and fats (8), as last amended by Regulation (EEC) No-1225/89 (°); Whereas, for the purposes of applying the abovementioned aid scheme and with a view to its objectives, the recipients should be defined in terms of the actualstructures in the. Community and taking account of the specific provisions laid - down in Council Regulation (EEC) No 797/85 of 12 March 1) OJ No C49, 28. 2. 1990, p. 10. M (3) OJ No C 96, 17. 4..1990. (3) OJ No C 112, 7. 5. 1990, p. 34. (*) O] No L 281, 1.11. 1975, p. 1. (%) See page . . of this Official Journal. () OJ No L 162, 12. 6. 1982, p. 28. (?) OJ No L 110, 29. 4. 1988, p. 16. (¥]) OJ No L 172, 30. 9. 1966, p. 3025/66. (*) OJ No L 128, 11. §. 1989, p. 15. 1985 on improving the efficiency of agricultural - structures (1°), as last. amended by Regulation (EEC) No 752/90 (1); Whereas the scheme provided for by Regulation (EEC) No 2727/75 for small producers of cereals constitutes an alternative, for Member States, to the scheme provided for by this Regulation; whereas eligibility under these two schemes taken together should be excluded; Whereas it is for the Council to decide, before 31 March 1992 on the basis of a report from.the Commission -on.the operation of the present aid scheme, what -arrangements should be applied as from the 1992/93 marketing year,- HAS ADOPTED THIS REGULATION: 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 0090 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 797/8S§, — 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. (1% OJ No L 93, 30. 3. 1985, p. 1 (1) OJ No L 83, 30. 3. 1990, p. 1.