No L 106/28 Official Journal of the European Communities 27. 4. 88 COUNCIL REGULATION (EEC) No 1094/88 . of 25 April 1988 amending Regulations (EEC) No 797/85 and (EEC) No 1760/87 as regards the set-aside of arable land and the extensification and conversion of production THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic 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 (3, Haviﬁg regard to the opinion of the Economic and Social Committee (3, Whereas the situation of agricultural markets has changed, and will change further, as a result of the new direction imposed on the common agricultural policy by the need to secure a gradual drop in output in those sectors where there is a surplus; 1 Whereas, in this context, structural policy must be used to help farmers adapt to this new situation and to cushion the effects that the new markets and prices policy is likely to have on agricultural incomes in particular; Whereas, in order that the objectives of the structural policy may be attained, the common measure introduced by Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures (*), as last amended by Regulation (EEC) No 1760/87 (), should be adjusted and amplified ; Whereas arrangements for the set-aside of arable land may assist the various sectors, and in particular those with surplus production, to adjust to market requirements; Whereas the set-aside arrangements should cover all arable land, since from one year to another the use made of such land varies with the rotation of crops; whereas, however, land so far used for crops not subject to a common organization of the market should be excluded from the scheme ; whereas, to achieve tangible results in terms of the stabilization of supply, it should be stipulated () OJ No C S1, 23. 2. 1988, p. 6. () OJ No C 94, 11. 4. 1988, () O] No C 95, 11. 4. 1988, p. 7. () OJ No L 93, 30. 3. 1985, p. 1. () OJ No L 167, 26. 6. 1987, p. 1. that at least 20 % of a farmer’s arable land must be set . aside for a period of at least five years, with provision for him to terminate his commitments after three years ; Whereas, given the greater need to protect the environment and to maintain the countryside, Member States should take the necessary measures, if necessary to be defrayed by the beneficiary, to keep set-aside land in good agricultural condition ; Whereas, in the interests of making efficient use of the Community’s farming resources, Member States should be allowed, for a three-year experimental period, to authorize land which has been set aside to be used for grazing for extensive live-stock farming or for growing lentils, chick-peas or vetches ; whereas, in both cases, the amount of the aid should allow for the reduction in the loss of income ; Whereas it should be left to Member States to set the amount of the aid per hectare of land set aside, in the light of the income losses actually sustained and in accordance with criteria to be laid down within the framework of the detailed rules for applying these arrangements ; whereas, on the one hand, the level of aid “must be fixed so that it is sufficiently high to provide farmers with a real incentive to set aside some of their land ; whereas, on the other hand, the aid should not exceed the level necessary to offset the loss of income resulting from the set-aside of the land ; whereas, to this end, a farmework should be laid down for setting minimum and maximum amounts; ’ Whereas, to provide an additional incentive to those farmers who set aside large areas, that is, at least 30 % of their arable land, such farmers should be exempted, in respect of a quantity of 20 tonnes, from the co-responsibility levy provided for in Article 4 and the additional co-responsibility levy provided for in Article 4 b (2) of Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (), as last amended by Regulation (EEC) No 3989/87 (), , () OJ No L 281, 1. 11. 1975, p. 1. () OJ No L 377, 31. 12. 1987, p. 1.