9. 11. 94 Official Journal of the European Communities No L 288/11 COMMISSION REGULATION (EC) No 2715/94 of 8 November 1994 laying down specific rules on compensatory payments for certain irrigated 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 920/94 (), and in particular Article 12 thereof, Having regard to Council Regulation (EC) No 231/94 of 24 January 1994 amending Regulation (EEC) No1765/92 establishing a support system for producers of certain arable crops (}), and in particular Article 2 thereof, Whereas Article 3 of Regulation (EEC) No 1765/92 allows regionalization plans to differentiate between irrigated and non-irrigated. areas ; Whereas in order to prevent irrigated areas being extended, provision has been made for the establishment of a maximum area fixed by production region eligible for compensatory payments on the basis of the yield obtained in the irrigated areas ; whereas detailed rules for the esta- blishment of such areas should be laid down, in particular as regards the definition of ‘irrigation’; Whereas, if in a region both the base area and the ceiling fixed for the irrigated areas are exceeded simultaneously, provision should be made so that only whichever adjust- ment reduces the compensatory payments more is applied ; Whereas as a result of the timing of the amendments to Regulation (EEC) No 1765/92 by Regulation (EC) No 231/94 relating to irrigated land, it was not possible for implementing rules to be introduced before producers had sown crops in respect of the 1994/95 marketing year ; whereas the application of all the rules and sanctions contained in Regulation (EEC) No 1765/92 would, in the circumstances, be inappropriate for the 1994/95 marke- ting year ; whereas specific measures are therefore neces- sary to facilitate the transition from the system established under Commission Regulation (EEC) No 1113/93 (%) to the new system ; Whereas this Regulation replaces Regulation (EEC) No 1113/93 in laying down as provisional, specific rules on () OJ No L 181, 1. 7. 1992, p. 12. () O] No L 106, 27. 4. 1994, p. 14. () O No L 30, 3. 2. 1994, p. 2. () O] No L 113, 7. 5. 1993, p. 14. compensatory payment for certain irrigated arable crops; whereas that Regulation should therefore be repealed ; 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 For the marketing years 1995/96 and thereafter, the compensatory payments on the basis of ‘irrigated’ yield referred to in the fifth subparagraph of Article 3 (1) of Regulation (EEC) No 1765/92 shall be granted in accor- dance with the provisions of Articles 2 to 6 of this Regu- lation. Article 2 The ceilings referred to in the fifth subparagraph of Atticle 3 (1) of Regulation (EEC) No 1765/92 shall be as’ set out in the Annex to this Regulation. Article 3 Should both the ceiling as set out in the Annex to this Regulation and a base area as defined in Article 2 (2) of Regulation (EEC) No 1765/92 be exceeded simultane- ously, only the higher of the two reductions provided for, respectively, in the first indent of Article 2 (6) of that Regulation and in the first sentence of the sixth subpara- graph of Article 3 (1) thereof shall be made. The first paragraph shall apply without prejudice to the second indent of Article 2 (6) or to the second sentence of the sixth subparagraph of Article 3 (1) of Regulation (EEC) No 1765/92. Article 4 In the case of oilseeds, Member States shall, for the calcu- lation of the regional reference amount referred to in Article 5 (1) (c) of Regulation (EEC) No 1765/92, be under the obligation to apply in respect of each region the same method for irrigated crops as for non-irrigated crops. Article 5 1.  Member States shall set rules for determining - whether an area is irrigated in the course of a crop year. Those rules shall include :