No L 307/8 Official Journal of the European Communities 20. 12. 95 COMMISSION REGULATION (EC) No 2930/95 of 18 December 1995 amending Regulation (EC) No 762/94 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 2800/95 (%), and in particular the second subparagraph of Article 7 (1) and Article 12 thereof, Whereas, by virtue of its application since its introduc- tion, the set-aside scheme established by Regulation (EEC) No 1765/92 must be considered an instrument for managing arable crop production whose rate is likely to be changed in each marketing year on the basis of the market situation ; whereas this has been demonstrated by the fact that the Council has fixed as an exceptional measure in two consecutive marketing years a set-aside rate different to the basic rate ; Whereas, in this context,. the detailed rules for applying the set-aside scheme laid down by Commission Regula- tion (EC) No 762/94 (), as last amended by Regulation (EC) No 2015/95 (), should allow producers to make an annual adjustment to any rate change decided ; whereas, as a result, those producers who opted for the scheme provided for in Article 5 of that Regulation should be allowed, should they so wish, to revoke their undertaking without being penalized ; Whereas, however, the guarantee of a minimum rate of compensation in return for setting aside land for a minimum period is an important factor where certain environment measures are concerned ; whereas the revo- cation of undertakings already entered into for land left fallow pursuant to Article 7 (1) of Regulation (EEC) No 1765/92 and for which environmental aid has been granted in addition to the set-aside compensation should not, therefore, be facilitated; whereas for these same reasons, access to the guarantee in respect of such land should be maintained ; () OJ No L 181, 1. 7. 1992, p. 12. () OJ No L 291, 6. 12. 1995, p. 1. () O] No L 90, 7. 4. 1994, p. 8. (% OJ No L 197, 22. 8. 1995, p. 2. 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 (EC) No 762/94 is amended as follows: 1. the following sentence is added to Article 4 (4): ‘However, this provision shall not apply to applications for area-related aid submitted in 1996 for the 1996/97 marketing year’; 2. the following is added to Article 5§ (3): ‘(c) by informing the competent authority of it and submitting his application for area-related aid for the 1996/97 marketing year. However, parcels of land that have already benefited under the aid scheme provided for in the second subparagraph of Article 7 (4) of Regulation (EEC) No 1765/92 or Articles 2 (1) (g) and 10 of Regulation (EEC) No 2078/92 shall be excluded from this entitlement.’; 3. the following paragraph § is added to Article 5: ‘5. Entitlement pursuant to this Article is limited : (a) to producers who opted for the scheme provided for in paragraph 1 before the entry into force of Commission Regulation (EC) No 2930/95("); and (b) producers who withdrew plots of land within the meaning of Article 7 (1) of Regulation (EEC) No 1765/92 and who, in respect of this land, benefit from aid granted pursuant to the second subpara- graph of Article 7 (4) of that Regulation or Articles 2 (1) (g) and 10 of Regulation (EEC) No 2078/92. () OJ No L 307, 20. 12. 1995, p. 8. Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.