No L 380/22 Official Journal of the European Communities 29.°12. 89 COMMISSION REGULATION (EEC) No 3981/89 of 20 December 1989 amending Regulation (EEC) No 1272/88 laying down detailed rules for applying the set-aside incentive scheme. for arable land THE COMMISSION OF THE-EUROPEAN COMMUNITIES, Having regard to the Treaty estabhshmg 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 1609/89 (3, and in particular Article 1a (7) thereof : Whereas the arable land - eligible for aid under the set-aside scheme provided for in Atticle 2 of Commission Regulation (EEC) No' 1272/88 () should be defined -in greater detail ; Whereas, in cases where land is left fallow in a rotation system, the -area of the set-aside plots may be changed each year; whereas annual changes in the percentage of the land covered by the undertaking should therefore be authorized under -certain circumstances ; Whereas - the afforestation. or non-agricultural use -of set-aside land may entail major changes to the holding; whereas, in cases where land is farmed by a tenant, provision should be made for the owner to approve such uses ; Whereas-the transition from an undertaking to set aside arable land to an undertaking to take early retirement as provided for in Council Regulation (EEC) No 1096/88 of 25 April 1988 -establishing a Community scheme to encourage the cessation of farming () should be facilitated under certain -circumstances ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Agricultural Structure and - Rural Development, ' HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 1272/88 is hereby amended- as follows : () OJ No L 93, 30. 3. 1985, p. 1. () OJ No L 165, 15. 6. 1989, p. 1. () OJ No L 121, 11. 5. 1988, p. 36. () OJ No L 110, 29. 4. 1988, p. 1. 1. Atticle 2 (1) is replaced by the following: ‘1. For the: purpose of this Regulation, arable land means. the types of land generally included in a crop - rotation system, listed in section D of the Annex-to Regulation (EEC) No 571/88 and  defined in the Annex to Commission Decision 83/461/EEC, with the exception of land mentioned under points D/15 and 17 (crops under glass) or D/21 (fallow) and of land used for products not subject to a market organization. 2. The following paragraph is added to Article 3: ‘4. Where land left fallaow is included in a rotation system, Member States may permit annual changes in . the percentage of the land on the holding covered by the undertaking, provided that: (a) the change does not exceed 10 % of the average area in respect of which the aid is granted; (b) the set-aside of an area smaller than the average area is authorized only where the difference can be offset by the set-aside of an area exceeding the average area in a previous year; (c) the 20 % minimum laid down in paragraph 3 or, in cases where exemption- from the co-responsibility levy in the cereals sector ‘is claimed under Article 1a (6) of Regulation (EEC) No 797/85, the 30 % minimum is always observed.’ 3. The following subparagraph is added to Article 9 (1) : ‘In the case of areas farmed by tenants, the Member States may require the owner’s consent to afforestation or use for non-agricultural purposes.’ 4. The following subparagraph is added to Article 12 (3): “The beneficiary may terminate the undertaking at any time if he definitively gives up all farming activities in accordance with the first indent of "Article 4 (1) of - Council Regulation (EEC) No 1096/88 (). () OJ No L 110, 29.4.1988, p. 1. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.