8. 9.9 Official Journal of the European Communities No L 245/23 COMMISSION REGULATION (EEC) No 2604/90 of 7 September 1990 laying down detailed rules for the application of Council Regulation (EEC) No 1200/90 on the improvement of the Community production of apples and amending Regulation (EEC) No 3322/89 determining the operative events applicable in the fruit and vegetables sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1200/90 of 7 May 1990 on the improvement of the Community production of apples('), and in particular Article 6 thereof, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3), as last amended by Regu- lation (EEC) No 2205/90 (°), and in particular Article § (3) thereof, : Whereas, in order to meet the objectives of Regulation (EEC) No 1200/90, the conditions should be laid down for the granting of the premium for the grubbing-up of apple trees provided for in that Regulation, hereinafter called the ‘grubbing-up premium’; whereas, to that end, the areas and the fruit trees which may be grubbed up and the level of the premium should be determined; Whereas, in order to ensure the effectiveness of the scheme, it is essential that the particulars which are to appear in the application for the premium should be specified and that the accuracy of such information be checked ; Whereas, in order to avert the risk of the grubbed-up trees being replanted, provision should be made for them to be . rendered unsuitable for such use; Whereas, before the premium is paid, it should be established that grubbing-up has actually taken place; Whereas all the provisions necessay to ensure compliance with the undertakings given by the recipient of the grub- bing-up premium should be laid down; Whereas in order to ensure uniformity of the measures taken in the fruit and vegetables sector, the operative event for entitlement to the grubbing-up premium should be fixed for the first day of the marketing year in which application was made for the premium and Commission - Regulation (EEC) No 3322/89 (*) should ' be “amended accordingly ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, () OJ No L 119, 11. 5. 1990, p. 63. () O] No L 164, 24. 6. 1985, p. 1. () OJ No L 201, 31. 7. 1990, p. 9. (9 OJ No L 321, 4. 11. 1989, p. 32. HAS ADOPTED THIS REGULATION :- Article 1 1. For the purposes of Regulation (EEC) No 1200/90, apple trees means healthy trees capable of producing a normal crop of apples other-than cider apples. 2. The grubbing-up premium shall be granted for the grubbing-up of orchards, within the meaning of Article 2 (2) of Regulation (EEC) No 1200/90, with an area of one hectare or more.. Article 2 The amount of the grubbing-up premium is hereby fixed at ECU 3 500 per hectare. Article 3 Applications for the grubbing-up premium shall be submitted to the competent authorities of the Member States before the commencement of the grubbing-up operations and not later than 1 December 1992. They shall contain the following: - (a) the name and address of the applicant; (b) the namé, if any, and address of the undertaking concerned ; (c) .for each parcel planted with apple trees, the total area planted, the total number of apple trees and their age, broken down by variety; (d) particulars necessary for identifying the parcels -on which the grubbing-up operations are to take place and for which the premium is requested. The age of the trees is determined by the date of their planting. Applications shall be accompanied : — by a written undertaking by the applicant to refrain for a period of 15 years, first from planting any apple trees in the apple orchard, within the meaning of Article 2 (2) of Regulation (EEC) No 1200/90, affected by the grubbing-up operation, and, secondly, from - extending the area of his holding planted with apple trees beyond the said orchard, — under the conditions laid down by national law, by - the written consent to the grubbing-up operation of the owner or owners of the parcels planted with apple trees, and by an undertaking by the same, in the event of the sale or transfer by any other method of the parcels concerned, to secure from any new grower an undertaking not to replant; such undertaking shall also apply fully épso facto to any subsequent grower during the period referred to in the first indent.