21. 12. 94 Official Journal of the European Communities No L 330/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 3116/94 of 12 December 1994 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 Council Regulation (EEC) No 1765/92 of 30 June 1992 establishing a support system for producers of certain arable crops(’) provides for the payment to producers of durum wheat in traditional production zones of a supplement to the compensatory payment provided for in Title I of that Regulation in order to offset the additional loss of income to the producers in question as compared with producers of other cereals as a result of the setting of a single price for all cereals; whereas payment of the supplement is made only for areas sown to durum wheat in the traditional production zones; Whereas, as a result of the alignment of the price for durum wheat on that for other cereals and the restriction to the zones in Annexes II and III to Regulation (EEC) No 1765/92 only of the supplement to the compensatory payment for areas sown to durum wheat, cultivation of this cereal outside those zones, especially in France, shows a disproportionate fall having regard to the. objectives sought ; Whereas a certain level of production should thus be safe- guarded in regions where production was well established outside the traditional production zones before the intro- duction of the reform; Whereas aid should accordingly be introduced for areas sown to durum wheat outside the zones listed in Annexes IT and III to Regulation (EEC) No 1765/92, the aid being () OJ No C 297, 25. 10. 1994, p. 20. () Opinion delivered on 30 November 1994 (not yet published in the Official Journal). : () OJ No L 181, 1. 7. 1992, p. 12. Regulation as last amended by Regulation (EC) No 232/94 (O] No L 30, 3. 2. 1994, p. 7). limited to an amount reflecting the loss of income due to the alignment of the price for durum wheat on that for other cereals ; Whereas, however, in order to avoid too high a rise in the areas sown to durum wheat, the areas eligible for addi- tional support as compared with other cereals should be limited ; Whereas, moreover; in Spain, the national quota for the production of durum wheat should be adjusted in order to reflect better the true situation of producers during the reference period ; whereas, for the sake of fairness, the Italian region of Umbria should also be regarded as a traditional durum-wheat production zone as regards a limited number of hectares which reflect the area tradi- tionally sown to durum wheat; Whereas in Portugal, during the reference period adopted for granting access to the supplementary compensatory payment for the production of durum wheat, producers of durum wheat and of other cereals were, under 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 Portu- gal () granted degressive specific national aid altering the hierarchy of prices in that Member State ; whereas, conse- quently, the durum wheat production potential has not been fully utilized ; whereas it seems justified, therefore, to increase the durum wheat production quota allocated to Portugal ; whereas, moreover, the specific situation obtaining in Portugal ought to be taken into account in allocating further access to the supplementary compensa- tory payment; Whereas, in order to avoid the National Reference Areas, referred to in Article 5 (1) (f) and Annex V of Regulation (EEC) No 1765/92, being substantially exceeded, it is necessary to enable Member States to limit the areas for () OJ No L 362, 27. 12. 1990, p. 28. Regulation as last amended by Regulation (EEC) No 738/93 (OJ No L 77, 31. 3. 1993, p. 1).