No L 90/8 Official Journal of the European Communities 7. 4. 94 COMMISSION REGULATION (EC) No 762/94 ' of 6 April 1994 laying down detailed rules for the application of Council Regulation (EEC) No 1765/92 with regard to the set-aside scheme 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 232/94 (3, and in particular the second subparagraph of Article 7 (1) and Article 12 thereof, Having regard to Council Regulation (EC) No 231/94 of 24 January 1994 amending Regulation (EEC) No 1765/92 establishing a support system for producers of certain arable crops (*), and in particular Article 2 thereof, Whereas eligibility for the compensatory payment under the general scheme referred to in Article 2 (5) of Regula- tion (EEC) No 1765/92 is subject to an obligation on the part of the producer concerned to set aside part of his land ; whereas detailed rules for the application of the scheme should be laid down; Whereas, to ensure that the set-aside of land contributes to stabilizing markets, the detailed rules of application should be laid down in such a way as to ensure the neces- sary effectiveness of the scheme and maintain consistency with the entire set-aside scheme establishing by Regula- tion (EEC) No 1765/92 ; whereas, to that end, while not permanently excluding from the scheme other areas than those referred to in Article 9 of the said Regulation, it should be laid down that the areas taken into considera- tion for set-aside are to be comparable with those that have been taken into consideration for calculating the regional base area ; whereas it may help the effectiveness of the scheme to lay down also that set-aside is to be applied to continuous land of a minimum area ; whereas provisions should also be laid down regarding mainte- nance and use of the areas set aside; Whereas the minimum period for which land must remain set aside must correspond to the growing cycle of the arable crops referred to in Regulation (EEC) No 1765/92 ; wheteas, however, in order to take account of certain specific circumstances, it should be made possible () OJ No L 181, 1. 7. 1992, p. 12. () OJ No L 30, 3. 2. 1994, p. 7. () OJ No L 30, 3. 2. 1994, p. 2. for the land set aside to be used before the expiry of the minimum set-aside period; Whereas special provisions should be laid down in respect of land set aside previously under Council Regulation (EEC) No 2328/91 of 15 July 1991 on improving the effi- ciency of agricultural structures (), as last amended by Regulation (EC) No 3669/93 (%) ; Whereas, in order to ensure that the set-aside scheme is effective in terms of controlling production, it is laid down that in principle set-aside must be based on rota- tion ; whereas the concept of rotation should be defined ; Whereas Regulation (EEC) No 1765/92 provides for compensation for set-aside which exceeds a producer’s obligation in order to help control production ; whereas the provisions necessary for ensuring such control should be laid down ; whereas this objective cannot be attained unless the set-aside effected is deducted from the area down to arable crops; whereas the necessary provisions on the subject must take account of the diversity of agri- cultural structures in the Community; whereas the Member States should therefore be responsible for drawing them up; Whereas, in order to be able to implement environmental measures on the non-rotational fallow, a scheme should be introduced which guarantees a minimum payment to farmers who undertake to set aside certain areas for a period of five marketing years ; whereas provision should be made for the adjustments and penalties applicable under the scheme; Whereas, in Portugal, 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 (§), as amended by Regulation (EEC) No 738/93 ("), provides for direct aid per hectare for certain cereals during a transitional period ; whereas, pursuant to Article 7 (5) of Regulation (EEC) No 1765/92, such aid may be taken into account only when calculating the compensation for the obliga- tion to set land aside; () OJ No L 218, 6. 8. 1991, p. 1. 9 O] No L 338, 31. 12. 1993, p. 26. (9 OJ No L 362, 27. 12. 1990, p. 28. () OJ No L 77, 31. 3. 1993, p. L.