No L 202/48 Official Journal of the European Communities 30. 7. 97 COMMISSION REGULATION (EC) No 1503/97 of 29 July 1997 amending Regulation (EEC) No 2836/93 laying down detailed rules for the application of Council Regulation (EEC) No 1765/92 with regard to the management of the regional base areas THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support scheme for pro- ducers of certain arable crops('), as last amended by Regulation (EC) No 1422/97 (3), and in particular Article 12 thereof, Whereas certain regulations in the arable crop sectors to which Commission Regulation (EEC) No 2836/93 of 18 October 1993 laying down detailed rules for the applica- tion of Council Regulation (EEC) No 1765/92 of the re- gional base areas (%), as amended by Regulation (EC) No 904/94 (%), refers have been repealed or amended several times; whereas, for the sake of clarity and rationality, certain amendments should be made; Whereas, for the 1997/98 marketing year, the date by which the Member States must notify the Commission of their choice as regards the exercise of the option referred to in Article 2 (7) of Regulation (EEC) No 1765/92, has been postponed to 15 September 1957; whereas, as a result, the dates for the determination and communica- tion to the Commission of the percentage by which the base areas have been exceeded normally set at 15 and 30 September respectively should be postponed temporarily; Whereas Article 2 (7) of Regulation (EEC) No 1765/92 allows Member States which have chosen to establish one or more national base areas to subdivide each of those into sub-base areas; whereas, to that end, the minimum size of those sub-base areas should be defined whilst ensuring effective application of the penalty system and taking account of the specific situation in Scotland; Whereas, as a result of the transition from the planned economy system to a market economy, the new German Linder benefit from a transitional measure in the form of a temporary and degressive extension of their base areas; whereas that transitional measure is laid down in Commission Regulation (EC) No 1763/96 (°); whereas that temporary extension should not be included in the event of the establishment of a national base area for the whole of Germany; whereas it is therefore necessary to make OJ No L 181, 1. 7. 1992, p. 12. O] No L 196, 24. 7. 1997, p. 18. OJ No L 260, 19. 10. 1993, p. 3. OJ No L 105, 26. 4. 1994, p. 3. % OJ No L 231, 12. 9. 1996, p. 8. certain adjustments in calculating any overrun of that base area; Whereas, to ensure the necessary transparency and ef- fective administration of the penalty system, the informa- tion which the Member States must communicate to the Commission should be specified; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2836/93 is hereby amended as follows: 1. in Article 1 (1), the reference to ‘Regulation (EEC) No 845/93 is replaced by a reference to ‘Commission Regulation (EEC) No 1098/94 (Y, () OJ No L 121, 12. 5. 1994, p. 12; 2. in Article 1, paragraphs 3 and 4 are replaced by the following: ‘3. The sum of the areas for which applications have been submitted, adjusted in accordance with paragraph 2, shall be increased by the areas sown with arable crops within the meaning of Regulation (EEC) No 1765/92, used to support an application for aid pursuant to Council Regulation (EEC) No 805/68 (°). 4. If the base area is found to have been exceeded the Member State shall, by 15 September at the latest, determine to two decimal places the percentage by which it has been exceeded. The percentage thus determined shall be used to calcu- late the proportional reduction in the area eligible for the compensatory payment, in accordance with the first indent of Article 2 (6) of Regulation (EEC) No 1765/92. In cases as referred to in the second indent of Article 2 (6) of Regulation (EEC) No 1765/92, the percentage by which the base area has been exceeded shall be calcu- lated, to one decimal place, by deducting 85 % of the areas set aside under the voluntary set aside carried out in accordance with Article 7 (6). This shall be added to the compulsory set-aside percentage applicable to the holding in question.