Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less- favoured areas

• Published date: 19 May 1975
• Official Gazette Publication: Official Journal of the European Communities, L 128, 19 May 1975

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Council Directive 75/268/EEC of 28 April 1975 on mountain and hill farming and farming in certain less- favoured areas

Official Journal L 128 , 19/05/1975 P. 0001 - 0007
Finnish special edition: Chapter 3 Volume 6 P. 0074
Greek special edition: Chapter 03 Volume 12 P. 0095
Swedish special edition: Chapter 3 Volume 6 P. 0074
Spanish special edition: Chapter 03 Volume 8 P. 0153
Portuguese special edition Chapter 03 Volume 8 P. 0153

COUNCIL DIRECTIVE of 28 April 1975 on mountain and hill farming and farming in certain less-favoured areas (75/268/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic 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 Parliament (1);

Having regard to the Opinion of the Economic and Social Committee (2);

Whereas Article 39 (2) (a) of the Treaty provides that account shall be taken of the social structure of agriculture and of the structural and natural disparities between the various agricultural regions in working out the common agricultural policy;

Whereas, in order to attain the objectives of the common agricultural policy set out in Article 39 (1) (a) and (b), special provisions should be adopted at Community level which are suited to those agricultural areas in which natural production conditions are least favourable;

Whereas the statement made by the Community concerning hill farming (3) annexed to the Treaty of Accession declares that special conditions obtain in hill farming areas as compared with other areas of the United Kingdom and that differences, at times very marked, exist between areas in the Member States of the original Community, and also that the special conditions obtaining in certain areas of the enlarged Community may require action with a view to attempting to resolve the problems raised by these special conditions, and in particular to maintain reasonable incomes for farmers in such areas;

Whereas it is necessary that steps be taken to ensure the continued conservation of the countryside in mountain areas and in certain other less-favoured areas ; whereas the Member States have already taken or plan to take positive measures for this purpose and these efforts should be encouraged ; whereas farming performs a fundamental function in this respect;

Whereas the steady decline in agricultural incomes in these areas as compared with other regions of the Community, and the particularly poor working conditions prevalent in such areas are causing large-scale depopulation of farming and rural areas, which will eventually lead to the abandonment of land which was previously maintained, and moreover jeopardizing the viability and continued habitation of those areas the population of which is predominantly dependent on an agricultural economy; (1)OJ No C 37, 4.6.1973, p. 55 and OJ No C 32, 11.2. 1975, p. 30. (2)OJ No C 100, 22.11.1973, p. 20 and OJ No C 62, 15.3.1975, p. 19. (3)OJ No L 73, 27.3.1972, p. 201.

Whereas, in adopting provisions allowing Member States to apply for the assistance of farming in the less-favoured areas, all or some of the measures making up a particular system of aids designed to meet the particular needs of these areas, the Community would be supporting the efforts made by the Member States to maintain a farming industry in such areas;

Whereas the permanent natural handicaps existing in such areas, which are due chiefly to the poor quality of the soil, the degree of slope of the land and the short growing season, and which can be overcome only by operations the cost of which would be exorbitant, lead to high production costs and prevent farms from achieving a level of income similar to that enjoyed by farms of a comparable type in other regions;

Whereas, furthermore, farms in the less-favoured areas, as a result of handicaps and because in certain cases farming is associated with tourist and craft activities which are particularly well suited to such areas, are inadequately covered by Council Directive No 72/159/EEC (1) of 17 April 1972 on the modernization of farms (hereinafter referred to as "Directive No 72/159/EEC") ; whereas farmers who operate in such areas might find themselves ineligible to receive the investment aids provided for, primarily because it is difficult for them to attain the required level of income, a level which is in any case essential if farming is to be maintained in the long term;

Whereas it is for the Member States to notify to the Commission the boundaries of the less-favoured areas in which they propose to apply all or some of the special system of aids, and all information relating thereto;

Whereas in view of the nature and scope of the aforesaid system, provision should be made for the list of less-favoured farming areas satisfying specific conditions to be drawn up in accordance with Article 43 of the Treaty;

Whereas it may be essential, if the objectives assigned to farming in the less-favoured areas are to be attained, that farmers permanently engaged in agriculture in such areas be paid annual compensatory allowances ; whereas it should be left to the Member States to fix the amount of such allowances according to the severity of the handicaps involved within the limits and conditions fixed for the different types of areas, both as to the amounts which may be paid and the types of production which may be covered;

Whereas the objectives of Directive No 72/159/EEC should also be pursued in the less-favoured areas, though the shortage of capital and the high cost of investment by farms in such areas justifies more favourable financing terms;

Whereas the same reasons justify an improvement in the system of incentives provided for in Article 10 of Directive No 72/159/EEC to encourage farms to...