23.11. 92 Official Journal of the European Communities No L 338/1 (Acts whose publication is not obligatory) COUNCIL - . COUNCIL DIRECTIVE 92/92/EEC of 9 November 1992 amending Directive 86/465/EEC concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (Federal Republic of Germany) ‘New Linder’ THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European . Economic Community, Having regard to Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (!), and in particular Article 2 (2) thereof, ’ Having regard to the proposal from the Commission (2), Having regard to the opinion of the European Parliament (3), ’ Whereas Directive 86/465/EEC (*) indicates what areas of the Federal Republic of Germany are included in the Community list of less-favoured areas within the meaning of Article 3 (3), (4) and (5) of Directive 75/268/EEC; Whereas the German Government has submitted a request to the Commission, in accordance with Article 2 (1) of Directive 75/268/EEC, that the Community list of areas annexed to Directive 86/465/EEC be amended; Whereas the German Government has, pursuant to Article 2 (1) of Directive 75/268/EEC, notified the (1) O] No L 128, 19. 5. 1975, p. 1. Directive as last amended by Regulation (EEC) No 797/85 (O] No L 93, 30. 3. 1985, p. 1). ) (%) O] No C 251, 28. 9. 1992, p. 1. (3) Opinion delivered on 30 October 1992 (not yet published in the Official Journal). (*) O] NoL 273,24.9.1986, p 1. Last amended by Commission Decision 91/26/EEC (OJ No L 16, 22. 1. 1991, p. 27). -Commission of the areas considered eligible for inclusion in the Community list of less-favoured farming areas, together with the relevant information on their characteristics; Whereas the criteria adopted are the existence of very difficult climatic conditions, as mentioned at the first indent in Article 3 (3) of Directive 75/268/EEC, and a minimum altitude of 800 metres {central point of district or average altitude of commune); - Whereas, where there is a combination of poor climate and steep slopes, as mentioned at the third indent in Article 3 (3) of Directives 75/268/EEC, the criteria used are a minimum altitude of 600 metres and slope of at least 18 %; Whereas areas with infertile land and economic results from farming appreciably lower than the mean, as mentioned at (a) and (b) in Article 3 (4) of Directive 85/268/EEC, have been delimited using a composite criterion, namely the agricultural comparability index (Landwirtschaftliche Vergleichszahl, LVZ); whereas, in the case of cantons (Kreise) considered to qualify in part, the index values considered to qualify, weighted in proportion to their sizes; Whereas the maximum average index value for each area as indicated above has been set at 28 for less-favoured farming areas, i.e. 70 % of the national average value (40); whereas, however, this average value has been set at 32,5 for less-favoured farming areas where permanent meadow and pasture makes up more than 80 % of the utilized agricultural area (UAA) and at 32,5 per commune in Mecklenburg- Western Pomerania where 20% or more of the active population, a rate more than five times higher than the national average, is still engaged in agriculture. ‘submitted are the average for the communes of the Kreis N