1. 12. 90 Official Journal of the European Communities No L 336/71 COMMISSION REGULATION (EEC) No 3481/50 of 30 November 1990 amending Regulation (EEC)Y No 1272/88 as regards the scheme for specific aid for the use of arable land for non-food purposes THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing 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 Council Regulation (EEC) No 2176/90 (3, and in particular Article la (7) thereof, . ‘ Whereas, by Regulation (EEC) No 2176/90 the Council introduced a specific aid scheme for the use of arable land for non-food purposes ; whereas Commission Regulation (EEC) No 1272/88 of 29 April 1988 laying down detailed rules for applying the set-aside incentive scheme for arable land (), as amended by Regulation (EEC) No 3981/89 (%), should therefore be supplemented ; Whereas, in order in particular to prevent the quantities of cereals produced under this scheme being marketed on the food market, cultivation of the same species of cereals as that covered by the specific aid should be forbidden outside the area covered by this aid ; whereas, however, derogation from this rule may be allowed in cases where a Member State is able to introduce additional control measures to avoid such a risk; Whereas provision should be made for all the cereals produced on the areas covered by the specific aid to be used for the manufacture of non-food products ; whereas this quantity may be estimated on the basis of the indica- tive yields for the region, but also in the light of the performance of the holding in question; whereas, since fluctuations in supply are inevitable, these must be taken into consideration ; . Whereas the uses for non-food purposes qualifying for the specific aid should be determined; whereas this list should be drawn up so as to exclude food products and to avoid distortions in competition between similar sectors of industrial activity ; whereas, moreover, provision should be made for efficient controls to exclude the cumulation of the specific aid with the aid schemes ptovided for in Articles 11a and 11b 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 () OJ No L 93, 30. 3. 1985, p. 1. () O] No L 198, 28. 7. 1990, p. 6. () O] No L 121, 11. S. 1988, p. 36. (9 OJ No L 380, 29. 12. 1989, p. 22. () OJ No L 281, 1. 11. 1975, p. 1. (EEC) No 1340/96 (%) ; whereas, for the purposes of these checks, provision should be made for the submission by processors of a declaration indicating the scheme chosen for each finished product; whereas changing from one scheme to the other may be allowed under certain condi- tions; whereas the side-by-side operation of the two schemes by the same processor makes additional checks necessary ; Whereas, in order to ensure the proper functioning of the specific aid scheme, it is necessary to lay down the terms to be included in the contract between the producer and the processor; Whereas, where the choice is made to cultivate a cereal of the same species but of a distinct variety outside the areas qualifying for the specific aid, provision should be made for a cultivation declaration indicating certain details, and, moreover, performance of the contract by the processor should be ensured by a guarantee ; Whereas producers should be enabled to change from the set-aside aid scheme to the specific aid scheme during the course of their original undertaking; Whereas, in view of the special nature of the scheme, special supervisory rules are indispensable to ensure that the main objectives of this scheme are achieved ; Whereas the Standing Committee on Agricultural Struc- tures has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1272/88 is hereby amended as follows. ' 1. The following subparagraph is added to Article 3 (3): ‘In the case of the specific aid referred to in Article la (3a) of Regulation (EEC) No 797/85, the percentages of arable land on the holdings in question shall be established at the time the application for specific aid is submitted.’ () OJ No L 134, 28. 5. 1990, p. 1.