28. 6. 95 Official Journal of the European Communities No L 144/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1460/95 of 22 June 1995 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 withdrawal of arable land from cultivation, the main instrument for balancing the agricultural markets introduced by the common agricultural policy reforms, may be effected by the following three methods : (a) by set-aside in return for compensation under Regula- tion (EEC) No 1765/92(); (b) by set-aside for environ- mental reasons under Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of protection of the environment and maintenance of the country- side (*); or (c) by afforestation under Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Commu- nity aid scheme for forestry measures in agriculture (%); Whereas afforestation or set-aside for environmental reasons of land set-aside on a non-rotational basis is an attractive option for arable crop growers for linking CAP reform effectively with the accompanying measures ; Whereas producers who take advantage of the aid schemes under Regulation (EEC) No 2078/92 and Regu- lation (EEC) No 2080/92 will contribute to the reduction of surpluses ; whereas it should therefore be possible in future, on certain conditions, in particular as regards () OJ No C 48, 25. 2. 1995, p. 6. () OJ No C 151, 19. 6. 1995. (*) OJ No L 181, 1.7.1992, p. 12. Regulation as last amended by the 1994 Act of Accession and by Regulation (EC) No 3290/ 94 (O] No L 349, 31. 12. 1994, p. 105). () OJ No L 215, 30. 7. 1992, p. 85. () OJ No L 215, 30. 7. 1992, p. 96. compensation, to count land for which aid is paid under those Regulations as being set aside under Regulation (EEC) No 1765/92 ; whereas such a possibility should be opened in relation only to land which has not yet been entered into either of those schemes; whereas Member States should not be obliged to apply this provision in any region where there is a continuing risk of a significant overshoot of the regional base area ; whereas it should be possible for Member States to impose a limit on the amount of such land which may be counted as being set aside if this is necessary in order to avoid a dispropor- tionate amount of the available budget for the scheme in question being concentrated only on a small number of farms ; Whereas land counted as being set aside should be included when calculating whether the base area has been exceeded notwithstanding the fact that payment in respect of it is not made under Regulation (EEC) No 1765/92; Whereas Member States should be allowed to prohibit or restrict transfers of a set-aside obligation to a producer who counts against his set-aside obligation land for which he receives aid under Regulation (EEC) No 2078/92 or Regulation (EEC) No 2080/92, if such a transfer would be likely to frustrate the objective of encouraging a more balanced uptake of schemes under Regulation (EEC) No 2078/92 and Regulation (EEC) No 2080/92 as between areas comprising predominantly, or only, arable land and those comprising predominantly, or only, non- arable land; Whereas the Commission should review the operation of the scheme on the basis of the reports of Member States as to its implementation and publish a report on or before 30 June 1998 accompanied, if necessary, by a proposal ; Whereas land set aside under Regulation (EEC) No 1765/92 may be used for production other than for human or animal consumption, including short rotation