No L 124/8 Official Journal of the European Communities 12. 5. 76 COMMISSION REGULATION (EEC) No 1090/76 of 11 May 1976 fixing the amount of the premium for grubbing apple trees and pear trees of certain varieties and the conditions for granting such premium THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 794/76 of 6 April 1976 laying down further measures for reorganizing Community fruit production ('), and in particular Articles 1 and 3 thereof, Whereas in order to achieve the objectives of Regula- tion (EEC) No 794/76 the conditions for granting the premium provided for by that Regulation should be defined ; whereas the trees which may be included in the grubbing scheme should therefore be specified and, in respect of each type of cultivation, the minimum area or the minimum number of trees should be laid down ; Whereas to prevent grubbed trees from being replanted they must be rendered unsuitable for this purpose ; Whereas, for the scheme to be effective, the particu- lars to be shown on the application for the grant of the premium must be specified and the information provided must be verified ; Whereas before the premium referred to in Article 3 (2) of Regulation (EEC) No 794/76 is paid it must be ascertained that grubbing has actually taken place; whereas such finding must be certified so that the applicant can furnish proof to this effect; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage- ment Committee for Fruit and Vegetables, HAS ADOPTED THIS REGULATION : Article 1 For the purposes of Regulation (EEC) No 794/76: — apple trees of the ‘Golden Delicious’, ‘Starking Delicious’ and ‘Imperatore’ varieties and pear trees of the ‘Passe Crassane’ variety, shall mean healthy trees capable of normal yield of table fruit of these varieties which were planted during the winter of 1970/71 at the latest; (1) OJ No L 93, 8. 4. 1976, p. 3. — trees of other varieties, shall mean apple trees and pear trees which have been planted on the same plot as the above, alternating with them to ensure their fertilization, provided that at least two-thirds of trees on the said plot are trees of the ‘Golden Delicious’, ‘Starking Delicious’, ‘Imperatore’ or ‘Passe Crassane’ varieties. Article 2 1. For fully planted orchards the premium shall only be granted if grubbing is, in the case of a given species, carried out over an area of at least: — 25 ares of standard trees, — 15 ares of half-standard trees, — 15 ares of bush trees. Within the meaning of this Regulation, fully planted orchards shall mean those with a density of at least : — for standard trees: 100 per hectare, — for half-standard trees : 170 per hectare, — for bush trees: 340 per hectare. 2. For trees planted irregularly over one and the same holding and for mixed cultivation, the premium shall be granted only if at least 50 bush trees or 25 standard or half-standard trees are grubbed. To calculate the premium the area covered shall be determined as follows : — 100 m? per standard tree, — 60 m? per half-standard tree, — 30 m? per bush tree. 3. The amount of the grubbing premium shall be fixed on the basis of 1100 units of account per hectare. Article 3 Grubbed trees must be rendered unsuitable for replanting. Article 4 The application for the grant of the premium shall be lodged with the competent authority appointed by each Member State. For each species in respect of which the premium is applied for, it shall include :