No L 113/14 Official Journal of the European Communities 7.5 93 COMMISSION REGULATION (EEC) No 1113/93 of 6 May 1993 setting specific rules on compensatory payments on certain irrigated arable THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European 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 ('), as last amended by Regula- tion (EEC) No 364/93 (), and in particular Articles 12 and 16 thereof, Whereas Article 3 of Regulation (EEC) No 1765/92 allows regionalization plans to differentiate between irrigated and non-irrigated areas; crops Whereas in certain parts of the Community irrigated and non-irrigated areas are intermixed to such an -extent that it is not always possible to define distinct homogeneous production zones; whereas it would be appropriate in such areas to differentiate production yields, within a single production region, on the basis not of geography but of whether or not irrigation is employed ; Whereas the resulting difference in  compensatory payment amounts could well stimulate an expansion of irrigation for the purpose of obtaining higher support and hence result in greater expenditure ; whereas in order not to jeopardize the effectiveness of the scheme, by analogy with Article 2 of Regulation (EEC) No 1765/92 the area eligible for compensatory payments at the rate for irri- gated land should be restricted to a ceiling corresponding to the itrigated area of the region in question over the period 1989, 1990 and 1991 ; Whereas in certain cases investment may have been made after the reference period uses for setting the ceiling but before Regulation (EEC) No 1765/92 entered into force ; whereas suitable provision should therefore be made in regard to certain newly irrigated areas; Whereas at the present time most Member States have adopted provisions in regard to irrigation and have noti- fied them to interested parties ; whereas application of the provisions of this Regulation in regard to land set-aside () OJ No L 181, 1. 7. 1992, p. 12. () OJ No L 42, 19. 2. 1993, p. 3. could well call into question the set-aside plans already made by interested parties; whereas those provisions should therefore be introduced progressively ; Whereas the Joint Management Committee for Cereals, Oils and Fats, and Dried Fodder has not delivered an opinion within the period set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 In regions where irrigation is traditionally of importance but because the irrigated areas are scattered or intermixed with non-irrigated areas the regionalization plan cannot delimit distinct homogeneous zones, compensatory payments for irrigated arable crops may be calculated using a specific yield. Article 2 If Article 1 is applied, the historic regional average yield notified under the first and second subparagraphs of Article 3 (2) of Regulation (EEC) No 1765/92 shall be broken down into an irrigated and a non-irrigated yield. For that purpose the same years shall be used as are used for determining the past regional average yield. The past yield of the region may not be increased as a result of the differentiation. ‘ Article 3 1.  Member States shall set rules for determining whether an area is irrigated in the course of the crop year. Those rules shall include at least : — a list of arable crops on which comﬁensatory payment at the irrigated yield rate may be granted, — specification of the irrigation equipment that the . farmer must hold ; this must be commensurate with the area involved, — the irrigation period to be taken into account.