L 105/8 Official Journal of the European Communities 4. 4. 98 COMMISSION REGULATION (EC) No 760/98 of 3 April 1998 amending Regulation (EC) No 658/96 on certain conditions for granting compensatory payments under the support system for producers of certain arable crops 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 system for produ- cers of certain arable crops ('), as last amended by Regula- tion (EC) No 2309/97 (3), and in particular Articles 11(1) and 12 thereof, Whereas Regulation (EEC) No 1765/92 abolished the arrangements based on the register of individual rights for durum wheat and provided for the supplement to the cereals compensatory payment referred to in Title I of that Regulation to be paid to producers of durum wheat in the traditional production zones within the limit of a maximum guaranteed area for each Member State concerned; whereas that maximum area may be distri- buted among production regions; whereas a de minimis rule on the size of production regions should be intro- duced to prevent the fragmentation of production regions and comply with the principle of proportionality in the application of any penalties incurred for overshoots; whereas the maximum area was fixed for Italy taking account of the areas subject to five-year set aside; whereas these areas should also be taken into account when deter- mining any breakdown of the maximum area; Whereas the method for calculating any overshoots of the maximum area and a date for communication of such overshoots should be specified; whereas, because of the change in the system, for the first two marketing years for which the new arrangements apply the deadline for noti- fying the definitive percentage overshoot to the Commis- sion should be postponed; Whereas new areas have been allocated to certain Member States in non-traditional zones; whereas, therefore, the regions in those Member States in which such areas may be located should be defined, as should the method for calculating overshoots; Whereas Regulation (EEC) No 1765/92 provides that certified seed must be used; whereas specific measures should be taken to ensure that such seed is used; whereas, () OJ L 181, 1. 7. 1992, p. 12. () OJ L 321, 22. 11. 1997, p. 3. in order to avoid supply difficulties and disturbances on the market in certified seed, a minimum quantity should be fixed, as well as a transitional period for attaining that quantity; whereas, in compliance with the principle of subsidiarity, in view of agronomic diversity in the Member States and regions within the Member States, the Member States concerned should be left to fix the minimum quantity and adopt any transitional measures needed; Whereas Commission Regulation (EC) No 658/96 (%), as last amended by Regulation (EC) No 1779/97 (%), fixes, for the purposes of Article 4(3) and (4) of Regulation (EEC) No 1765/92, certain conditions for entitlement to the supplement to the compensatory payment and the special aid for durum wheat; Whereas Regulation (EC) No 658/96 restricts eligibility for compensatory payments in respect of rape seed to producers who have sown certain varieties and qualities of seed; whereas the moisture content of seeds should be specified for the test to measure the glucosinolate content; Whereas producers can now obtain new varieties of rape seed which meet the eligibility criteria; whereas such vari- eties should be included in the list; Whereas Article 10(2) of Regulation (EEC) No 1765/92 requires producers of cereals, oil seed and protein crops to have sown their crops by 15 May at the latest; whereas it is necessary to establish a later sowing date for oil seeds; whereas in certain cases the sowing of crops may be delayed beyond 15 May by climatic conditions; whereas it is appropriate to defer the latest sowing date for certain crops in certain areas; Whereas Regulation (EC) No 658/96 lays down a list of those regions; whereas experience has shown that, in the case of France, it is necessary to modify that list; Whereas Regulation (EC) No 658/96 should therefore be amended accordingly; 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, () OJ L 91, 12. 4. 1996, p. 46. () OJ L 252, 16. 9. 1997, p. 18.