No L 121/36 Official Journal of the European' Communities 11. 5. 88 COMMISSION REGULATION (EEC) No 1272/88 of 29 April 1988 laying down detailed rules for applying the set-aside incentive scheme for arable THE COMMISSION OF THE EUROPEAN COMMUNITIES, - Having regard to the Treaty esfablishing the European Economic Community, Having regard to Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures ('), as last amended by Regulation (EEC) No 137/88 (?), and in particular Article.la (7) thereof, Whereas, in order to determine which arable land is to be eligible for aid under the scheme, it would be appropriate to refer to the definitions laid down in Council Regulation (EEC) No 571/88 of 29 February 1988 on the organization of Community surveys on the structures of agricultural holdings between 1988 and 1997 (), and Commission Decision 83/461/EEC of 4 July 1983 laying down, for the purposes of a structure survey for 1983 as part of a programme of surveys on the structure of agricultural holdings, the definitions relating to the list of characteristics and the list of agricultural products (*); Whereas land used for both arable and permanent crops should be eligible for set-aside aid on condition that at least 50 % of the area concerned is used for arable crops ; whereas any increase in production of permanent crops on the land in question should not be permitted ; Whereas Member States should determine the reference period during which arable land was effectively cropped, taking into account their own specific conditions of production; whereas in order to ensure uniform application of the scheme this period must lie between 1 July 1985 and 30 June 1988 and be no shorter than one farming year; whereas, moreover, in -order to rule out speculative use, the scheme must exclude any areas recently converted to arable land; Whereas it is necessary to define the measures needed to keep set-aside land in good cropping condition ; () OJ No L 93, 30. 3. 1985, p. 1. () OJ No L 108, 29. 4. 1988, p. 1. () OJ No L 56, 2. 3. 1988, p. 1. () OJ No L 251, 12. 9. 1983, p. 100. Whereas beneficiaries’ obligations must be determined in cases where set-aside land is used for extensive stock grazing ; whereas such grazing land must be permanent grassland consisting of plants with low yield, receiving no inputs other than those occurring naturally, except during the period of establishment of the grassland, and carrying a low density of grazing stock ; whereas since extensive grazing is normally only practised over the entire area of a holding, it is essential, in order to keep control over the practice, to limit the stocking density for the entire holding or to ban any increase in the number of livestock ~ units ; Whereas the basic minimum of information to be provided in applications for aid should be laid down; whereas in order to facilitate the necessary inspections the applicant must, in particular, undertake to allow the competent authorities access to this holding and not to hinder these inspections in any way; Whereas allowance must be made for cases in which the - farmer is not himself the owner of the holding, and particularly cases in which the holding is leased to him, by laying down minimum conditions to prevent any speculation when the scheme is put into effect which might result in termination or refusal to renew such farm leases ; Whereas, to allow accurate assessment of the loss of income caused by set-aside, Member States should take particular account when fixing rates of aid of the conditions of production in the various regions and areas, the beneficiary’s obligations to maintain good cropping conditions and to protect the environment and natural resources, and of any income derived from non-agri- cultural use of the land ; whereas in cases where set-aside land is used for grazing or for growing lentils, chick peas or vetch it seems appropriate to reduce the rate of aid by 40 to 60 % to take account of the smaller loss in income ; Whereas provisions should be laid down to allow for increases in the area of set-aside land and the transfer of holdings during the period of the undertaking ; whereas, to ensure the flexibility of the scheme, the beneficiary should be allowed to ask for changes to be made in his undertaking ; |