30. 7. 94 Official Journal of the European Communities No L 198/93 . COMMISSION REGULATION (EC) No 1959/94 of 27 July 1994 amending Regulation (EEC) No 2780/92 on the conditions for the grant of 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 232/94(), and in particular Article 12 thereof, Whereas the compensatory payments referred to in Article 2 of Regulation (EEC) No 1765/92 must be restricted to certain areas which should be specified ; Whereas Article 9 of Regulation (EEC) No 1765/92 defines the land eligible for compensatory payments; whereas, in order to take account of certain specific situa- tions where its provisions could have effects which are unduly restrictive, the said Article allows certain deroga- tions which must be administered by the Member States in accordance with their individual situations; whereas, however, the application of those derogations may under- mine the effectiveness of the arrangements laid down by Regulation (EEC) No 1765/92; whereas, to reduce that risk, suitable measures should be laid down in order that, depending on the individual case, the total area eligible can be kept at the existing level or any appreciable increase avoided ; Whereas certain multi-annual crops should therefore be considered as being included in crop rotation in the same way as annual crops other than cereals, oilseeds and protein crops; whereas the list of multi-annual crops concerned should be laid down; Whereas, to the same end, areas covered by restructuring programmes may also be considered for the grant of compensatory payments ; whereas the concept of restruc- turing programme should be defined ; Whereas, furthermore, the concept of an appreciable increase in the agricultural area eligible must be defined on’ the basis of the need to avoid collective penalties following an overrun of the base area; Whereas land released after 31 December 1991 under plans for the grubbing-up of vineyards approved for the 1991/92 wine year under Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 () OJ No L 181, 1. 7. 1992, p. 12. () OJ No L 30, 3. 2. 1994, p. 7. to 1995/96 wine years, of permanent abondonment premiums in respect of wine-growing areas (%), as last amended by Regulation (EEC) No 1990/93 (%), and Council Regulation (EEC) No 2239/86 of 14 July 1986 on a specific common measure to improve vine-growing structures in Portugal (), amended by Regulation (EEC) No 3208/88 (¢), must be treated in the same way as land grubbed before that date ; whereas it is therefore necessary to amend Commission Regulation (EEC) No 2780/92 ('), as last amended by Regulation (EC) No 1145/94 (%; Whereas application of the provisions of this Regulation must under no circumstances result in an increase in the base areas; Whereas the Joint Management Committee for Cereals, Oils and Fats and Dried Fodder has not delivered an opinion within the time limit set by its Chairman, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2780/92 is amended as follows : 1. Article 3 is replaced by the following: Article 3 1. For the purposes of Article 9 of Regulation (EEC) No 1765/92, the definitions of permanent pasture, permanent crops, multi-annual arable crops and restructuring programme set out in Annexes I, II and III hereto shall apply. Land on which aid has been granted under Title I of Council Regulation (EEC) No 2328/91 () or under Council Regulation (EEC) No 3766/91 (%) shall remain eligible. v 2. The area of land newly declared eligible by the Member States under a restructuring programme may not exceed the area newly declared ineligible under that programme by more than 5 %. However, the following shall not be taken into account in calculating the abovementioned increase : () OJ No L 132, 28. 5. 1988, p. 3. () OF No L 182, 24. 7. 1993, p. 7. - % OJ No L 196, 18. 7. 1986, p. 1. 9 OJ No L 286, 20. 10. 1988, p. S. () O No L 281, 25. 9. 1992, p. S. () OJ No L 128, 20. 5. 1994, p. 8.