Article 54(3) of Regulation (EC) No 1782/2003 provides that farmers shall set aside from production the hectares eligible for set-aside entitlements and Article 56(1) of that Regulation stipulates that the use of land declared as set aside for agricultural purpose is in general prohibited.

Article 32(1) of Regulation (EC) No 795/2004 provides that areas set aside must so remain for a period commencing on 15 January at the latest and ending on 31 August at the earliest.

The Commission has frequently provided for derogation from those rules to respond to the fodder needs of farmers in regions affected by natural disasters, in particular, droughts. The special circumstances of local natural disaster require an analysis and a decision in good time. Experience shows that to deal appropriately and in due time with local situations it would be appropriate to give to the Member States the responsibility of such decisions, provided that exceptional circumstances justify them.

It is therefore appropriate that Member States take the decision to recognise severe natural disasters seriously affecting land on holdings in a given region and to authorise all producers affected to use land declared as set aside for animal feed purposes in good time and notify it to the Commission. Member States should notify the Commission of such national decisions and notably of the adverse climatic conditions that justify them.

Regulation (EC) No 795/2004 should therefore be amended accordingly.

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,