L 239/10 Official Journal of the European Communities 7.9.2001 COMMISSION REGULATION (EC) No 1763/2001 of 6 September 2001 amending Regulation (EC) No 1750/1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the Euro- pean Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (*), and in partic- ular Articles 34 and 50 thereof, Whereas: 1) In the first year in which the provisions on rural devel- opment applied it was found that some provisions of Commission Regulation (EC) No 1750/1999 (%), as last amended by Regulation (EC) No 672/2001 (%), did not cover all the situations which can arise. Article 8 of Regulation (EC) No 1257/1999 provides for aid to help young farmers to set up in farming. If this aid is to constitute a real incentive to young people to take over an agricultural holding the decision to grant the aid must be taken close to when the young farmer takes over the holding. To enable the Member States to implement this new requirement it should not apply until 1 January 2002. Some Member States' programming documents approved by the Commission provide for setting-up aid to be granted to young farmers who have set up in farming several years before the grant decision. In view of the new deadline for individual decisions from 1 January 2002, those Member States which wish to provide support in such cases before the new condition applies must take the necessary steps before the end of 2002. Furthermore, for budget or administrative reasons due to the end of the old programming period and the start of the new one, some young farmers who set up in 1999, 2000 or 2001 have not yet received setting-up aid. Member States should be authorised to take the neces- sary steps to grant such support before the end of 2001 or, as appropriate, not more than 12 months after the young farmers have set up, and to provide for some 160, 26.6.1999, p. 80. oj L 0] L 214, 13.8.1999, p. 31. oj L 93, 3.4.2001, p. 28. ( ( ( vl ’) ) flexibility where compliance with the condition on the age of the young farmer is concerned. Article 16 of Regulation (EC) No 12571999 provides for farmers to receive support to offset the costs and loss of income resulting, in areas where there are environ- mental constraints, from the imposition of restrictions based on Community provisions to protect the environ- ment. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollu- tion caused by nitrates from agricultural sources (¥ is intended to reduce the pollution of waters by nitrates from agriculture and to prevent it spreading. In line with the ‘polluter pays’ principle in Article 174(2) of the Treaty, there should be no compensation for the costs and income losses resulting from the application of the restrictions imposed by that Directive, which should therefore be excluded from the scope of Article 16 of Regulation (EC) No 1257/1999. Under Article 39(1) of Regulation (EC) No 1750/1999, for each Member State, expenditure declared for any given financial year is financed up to the limit of the amounts notified to the Commission under Article 37(1)(b) which are covered by the appropriations entered in the budget for the financial year in question. Where the total of the expenditure forecasts notified under Article 37 exceeds the appropriations entered in the budget for the financial year in question it is neces- sary to lay down a method for determining the maximum amounts which can be financed by the appro- priations available for each Member State, based on the amount of the annual allocation as defined in Commis- sion Decision 1999/659/EC (°), as amended by Decision 2000/426/EC (¢). Some rural development measures, in particular agri- environmental measures, are multiannual. In the interest of sound management and for control purposes, it is necessary to specify that the beneficiary must apply for support each year, unless the Member State provides for another procedure for verifying the conditions for the grant of aid. 375, 31.12.1991, p. 1. o] L 0] L 259, 6.10.1999, p. 27. oj L 165, 6.7.2000, p. 33.