22.11. 97 Official Journal of the European Communities L 321/3 COUNCIL REGULATION (EC) No 2309/97 of 17 November 1997 amending Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 42 and 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Par- liament (3), Whereas Regulation (EEC) No 1765/92 (%) provides for the grant to producers of durum wheat in traditional produc- tion zones of a supplement to the compensatory payment referred to in Title I of that Regulation, in order to offset the extra loss of income to the producers in question, by comparison with producers of other cereals arising from the fixing of a single price for all cereals; whereas the special supplement is restricted to areas down to durum wheat in the traditional zones; Whereas the process of determining the number of hectares eligible for the supplement to the compensatory payment granted to individual durum wheat producers in traditional production zones has made it necessary to es- tablish a national register of such producers; whereas the introduction of such a register makes it difficult to adjust the structure of durum wheat production to the market situation; whereas the special scheme for durum wheat production aid should therefore be modified; Whereas a means should be found to ensure that the adjustment produces a durum wheat production level which is sufficient to supply user industries while keeping budgetary expenditure in check; whereas that objective can be achieved by introducing, for each Member State concerned, a maximum area of durum wheat eligible for the supplement covering all the zones eligible for the supplement to the compensatory payment, as referred to in Annexes II and III to Regulation (EEC) No 1765/92; whereas that maximum area should be fixed on the basis of the largest area which received the supplement to the compensatory payment since its introduction, in order to correspond best to production in the Member States concerned; whereas, in the case of Spain, a maximum guaranteed area has already been fixed at 570 000 hectares by Regulation (EC) No 3116/94 (%), ie. at a level that (') OJ C 301, 11. 10. 1996, p. 9. () O] C 200, 30. 6. 1997, p. 130. () OJ L 181, 1.7.1992, p. 12, Regulation as last amended by Re- gulation (EC) No 922/97 (O] L 133, 24. 5. 1997, p. 1). ( OJ L 330, 21. 12. 1994, p. 1. corresponds best to production in that Member State, whereas, in the case of Portugal, 2 maximum guaranteed area has already been fixed at 35 000 hectares by Regula- tion (EC) No 3116/94 in order to reflect best the produc- tion potential in that Member State, in view of the ex- istence of a special degressive aid granted to producers of common wheat by Council Regulation (EEC) No 3653/90 of 11 December 1990, introducing transitional measures governing the common organization of the market in cereals and rice in Portugal (°); whereas, in the case of Italy, in view of the size of the area concerned, account should be taken of the land traditionally down to durum wheat that was taken out of cultivation during the reference period under five-year set-aside arrangements in accordance with Council Regulation (EC) No 950/97 of 20 May 1997 on improving the efficiency of agricultural structures (*); whereas the levels of those areas should also be increased to reflect the need to ensure the regular supply of the Community meal industry, in view, in par- ticular, of the unpredictable climatic conditions affecting the traditional production zones; whereas, in order to remain within budgetary limits, the increase in maximum guaranteed areas must be coupled with a reduction in the amount of the supplement; Whereas any overshoot of those areas must lead to an adjustment in the applications submitted with a view to the grant of the supplement to the compensatory payment; Whereas, moreover, in some Member States the produc- tion of durum wheat is well established in regions outside traditional zones; whereas it is desirable to safeguard a certain level of production in those regions by the grant of special aid; Whereas Annexes II and III to Regulation (EEC) No 1765/92 should be combined in a single Annex for the sake of clarity; Whereas it is necessary to ensure that the areas in receipt of special aid for durum wheat produce wheat which satis- ties the demands of user industries; whereas this may be achieved by requiring that certified seed be used; Whereas Regulation (EEC) No 1765/92 should be amended accordingly, (") OJ L 362, 27.12. 1990, p. 28, Regulation as last amended by Regulation (EC) No 1664/95 (O] L 158, 8. 7. 1995, p. 13). (7 OJ L 142, 2. 6. 1997, p. 1.