23. 11. 90 Official Journal of the European Communities No L 324/19 COMMISSION REGULATION (EEC) No 3353/90 of 22 November 1990 laying down detaile‘d rules for the application of the aid scheme for small producers of certain arable crops THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty estdblishing the European Economic Community, Having regard to Council Regulation (EEC) No 1346/90 of 14 May 1990 instituting aid for small producers of certain arable crops ('), and in particular Article 3 thereof, Whereas Article 2 of Regulation (EEC) No 1346/90 defines the concept of small producers benefiting from the aid scheme; whereas the factors to be taken into account for the application of the criteria adopted should be defined ; ' ' Whereas, as regards the criterion of the main source of agricultural income, the gross standard margins laid down in Commission communication 88/C/133/01 (?) should be taken as a basis; whereas, however, in certain cases the utilized agricultural area under crops eligible for aid may, compared to the total utilized agricultural area of the holding, be sufficient to provide the main income ; Whereas, as regards the criterion of farming as main occupation, the special provisions laid down in Council Regulation (EEC) No 797/85 of 12 March 1985 on impro- ving the efficiency of agricultural structures (), as last amended by Regulation (EEC) No 2176/90 (%), should be taken into account; Whereas, for the proper functioning of the aid scheme, Member States must carry out checks ensuring that aid is granted in accordance with the conditions laid down ; whereas aid applications must include a minimum amount of information for the purposes of the checks to "be carried out; Whereas, to ensure efficient application, provision should be made for random on-the-spot checks of the accuracy of applications submitted ; whereas these checks should be made on a sufficiently representative number of aid applications ; Whereas provision should be made for the recovery of aid in the case of undue payment and for appropriate penal- ties to be imposed for false declarations; Whereas, for the proper operation of the aid scheme, provision should be made for the data given in aid appli- cations to be computerized ; Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, ' o L 134, 28. 5. 1990, p. 10. o C 133, 24. 5. 1988, p. 1. o L 93, 30. 3. 1985, p. 1. o L 198, 28. 7. 1990, p. 6. HAS ADOPTED THIS REGULATION : Article 1 The aid referred to in Article 1 of Regulation (EEC) No 1346/90 shall be granted to producers satisfying the conditions set out in Article 2 of that Regulation and in accordance with the detailed rules laid down in this Regu- lation. : ' Article 2 1. For the purposes of Article 2 (1) of Regulation (EEC) No 1346/90, ‘utilized agricultural area’ means the total area of arable land, permanent grassland and pasture, land given over to permanent crops and family gardens of an agricultural holding. However, Member States may exclude waste land in the areas referred to in the Annex and where fallow is normally part of the rotation system from the calculation of the total area. For the purposes of this Regulation, ‘agricultural holding’ means a techno-economic unit under a single manage- ment producing agricultural products. 2. The condition laid down in the second indent of Article 2 (1) of Regulation (EEC) No 1346/90 shall be deemed to have been met when: — the total standard gross margin for the crops referred to in Article 1 (1) of Regulation (EEC) No 1346/90 is greater than the total standard gross margin for other crop and livestock enterprises; the standard gross margin to be taken into account for the purposes of this Regulation are those determined pursuant to Commission Decision 85/377/EEC (®) and listed in Commission communication 88/C 133/01, or — at least 75 % of the utilized agricultural area of the holding is given over to the crops referred to in Article 1 (1) of Regulation (EEC) No 1346/90 and on condition that the aid application does not indicate the presence on the holding of intensive livestock farming in excess of : | — 3 livestock units per ha UAA, and /or — 100 pigs and/or calves and/or 1000 head of poultry per holding. () OJ No L 220, 17. 8. 1985, p. 1.