6. 8. 92 Official Journal of the European Communities No L 221/19 COMMISSION REGULATION (EEC) No 2293/92 of 31 July 1992 laying down detailed rules for the application of Council Regulation (EEC) No 1765/92 with regard to the set-aside scheme referred to in Article 7 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Eutopean Economic Community, Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for produ- cers of certain arable crops (), and in particular Article 12 thereof, Whereas, to be eligible for the compensatory payments referred to in Article 2 (5) of Regulation (EEC) No 1765/92, the producers concerned are required to set aside part of their holding ; whereas detailed rules for the application of the scheme should be laid down ; Whereas, to ensure that the set-aside of land contributes to stabilizing markets, the detailed rules of application should be laid down in such a way as to ensure the neces- sary effectiveness of the scheme and maintain consistency with the entire set-aside scheme established by Regulation (EEC) No 1765/92; whereas, to that end, while not permanently excluding from the scheme other areas than those referred to in Article 9 of the said Regulation, it should be laid down that the areas taken into considera- tion for set aside are to be comparable with those that have beentaken into consideration for calculating the regional base area; whereas it may help the effectiveness of the scheme to lay down also that set-aside is to be applied to continuous land of a minimum area and that its duration must cover a period corresponding to the growing cycle of the arable crops referred to in Regulation (EEC) No 1765/92; whereas provisions should also be laid down regarding maintenance and use of the areas set aside and regarding rotation ; Whereas the effectiveness of the scheme also requires that risks of abuse be avoided ; whereas, except in social situa- tions which Member States are to assess on a case-by-case basis, restricting, set-aside undertaking by one and the same person to land he has farmed for the previous two years is likely to avoid such risks; Whereas it should also be laid down that set-aside is to be undertaken in a manner respectful of the environment; () OJ No L 181, 1. 7. 1992, p. 12. whereas, to that end, it is the task of the Member States to adopt appropriate provisions and penalties ; Whereas the areas set aside should be subject to declara- tion ; whereas, to permit the set-aside of whole parcels and allow for a certain margin of error in the declaration, some flexibility must be accepted ; whereas the limits to this flexibility should be established, while at the same time avoiding the negative consequences it might have for the Community budget as regards the maximum area eligible for compensatory payments ; Whereas the detailed rules provided for by this Regula- tion shall apply without prejudice to subsequent provi- sions to be adopted pursuant to the third and fourth sentences of the second subparagraph of Article 7 (1) of Regulation (EEC) No 1765/92 ; Whereas the Management Committee for Cereals, Oils and Fats and Dried Fodder did not give an opinion within the time required by its President, HAS ADOPTED THIS REGULATION : Article 1 This Regulation lays down detailed rules for the applica- tion of Regulation (EEC) No 1765/92 with regard to rota- tional set-aside. Article 2 Without prejudice to Article 7 (4) of Regulation (EEC) No 1765/92, ‘set-aside’ shall mean the leaving fallow of an area which has been cultivated in the previous year with a view to a harvest. However, areas set aside the previous year under Council Regulations (EEC) Nos 1703/91 (3 and 2328/91 () shall be treated as areas under cultivation. (® OJ No L 162, 26. 6. 1991, p. 1. () OJ No L 218, 6. 8. 1991, p. 1.