Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001
Modified by
  • Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded Council Decisionof 22 March 2004adapting the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, following the reform of the common agricultural policy(2004/281/EC), 103T304D0281, September 23, 2003
  • Council Decisionof 22 March 2004adapting the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, following the reform of the common agricultural policy(2004/281/EC), 304D0281, March 30, 2004
  • Council Regulation (EC) No 21/2004of 17 December 2003establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC, 304R0021, January 9, 2004
  • Council Regulation (EC) No 583/2004of 22 March 2004amending Regulations (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, (EC) No 1786/2003 on the common organisation of the market in dried fodder and (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 304R0583, March 30, 2004
  • Council Regulation (EC) No 864/2004of 29 April 2004amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, 304R0864, June 9, 2004
  • Council Regulation (EC) No 2217/2004of 22 December 2004amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector, 304R2217, December 23, 2004
  • Commission Regulation (EC) No 118/2005of 26 January 2005modifying Annex VIII to Council Regulation (EC) No 1782/2003 and establishing budgetary ceilings for partial or optional implementation of the Single Payment Scheme and annual financial envelopes for Single Area Payment Scheme provided for in that Regulation, 305R0118, January 27, 2005
  • Actconcerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the treaties on which the European Union is founded, 105S, June 21, 2005
  • Commission Regulation (EC) No 2183/2005of 22 December 2005amending Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003, 305R2183, December 30, 2005
  • Council Regulation (EC) No 247/2006of 30 January 2006laying down specific measures for agriculture in the outermost regions of the Union, 306R0247, February 14, 2006
  • Council Regulation (EC) No 319/2006of 20 February 2006amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, 306R0319, February 28, 2006
  • Council Regulation (EC) No 953/2006of 19 June 2006amending Regulation (EC) No 1673/2000, as regards the processing aid for flax and hemp grown for fibre, and Regulation (EC) No 1782/2003, as regards hemp eligible for the single payment scheme, 306R0953, June 29, 2006
  • Commission Regulation (EC) No 1156/2006of 28 July 2006establishing for 2006 budgetary ceilings for partial or optional implementation of the Single Payment Scheme, annual financial envelopes for the Single Area Payment Scheme and maximum amounts for granting separate sugar payments provided for under Council Regulation (EC) No 1782/2003, and amending that Regulation, 306R1156, July 29, 2006
  • Council Regulation (EC) No 1405/2006of 18 September 2006laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003, 306R1405, September 26, 2006
  • Council Regulation (EC) No 2011/2006of 19 December 2006adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union, 306R2011, December 29, 2006
  • Council Regulation (EC) No 2012/2006of 19 December 2006amending and correcting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), 306R2012, December 29, 2006
  • Council Regulation (EC) No 2013/2006of 19 December 2006amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector, 306R2013, December 29, 2006
  • Commission Regulation (EC) No 552/2007of 22 May 2007establishing the maximum Community contribution to financing the work programmes in the olive oil sector and fixing, for 2007, budgetary ceilings for the partial or optional implementation of the Single Payment Scheme and the annual financial envelopes for the Single Area Payment Scheme, provided for in Council Regulation (EC) No 1782/2003, and amending that Regulation, 307R0552, May 23, 2007
  • Council Regulation (EC) No 1182/2007of 26 September 2007laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96, 307R1182, October 17, 2007
  • Commission Regulation (EC) No 1276/2007of 29 October 2007amending Council Regulation (EC) No 1782/2003, Council Regulation (EC) No 247/2006 and Commission Regulation (EC) No 552/2007, as regards the fixing of budgetary ceilings for 2007, 307R1276, October 30, 2007
  • Council Regulation (EC) No 146/2008of 14 February 2008amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), 308R0146, February 21, 2008
  • Commission Regulation (EC) No 293/2008of 1 April 2008amending Annex II to Council Regulation (EC) No 1782/2003 with regard to the national ceilings set out in that Annex, 308R0293, April 2, 2008
  • Council Regulation (EC) No 470/2008of 26 May 2008amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the years 2008 and 2009 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund, 308R0470, May 30, 2008
  • Council Regulation (EC) No 615/2008of 23 June 2008amending Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, 308R0615, June 28, 2008
  • Commission Regulation (EC) No 674/2008of 16 July 2008modifying Council Regulation (EC) No 1782/2003, Council Regulation (EC) No 247/2006 and establishing budgetary ceilings for 2008 for the partial or optional implementation of the Single Payment Scheme and the annual financial envelopes for the Single Area Payment Scheme provided for in Regulation (EC) No 1782/2003, 308R0674, July 17, 2008
Corrected by
  • Corrigendum to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, 303R1782R(01), March 31, 2004
Council Regulation (EC) No 1782/2003of 29 September 2003establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 CONTENTS TITLE I SCOPE AND DEFINITIONS TITLE II GENERAL PROVISIONS Chapter 1 Cross compliance Chapter 2 Modulation and financial discipline Chapter 3 Farm advisory system Chapter 4 Integrated administration and control system Chapter 5 Other general provisions TITLE III SINGLE PAYMENT SCHEME Chapter 1 General provisions Chapter 2 Establishment of the amount Chapter 3 Payment entitlements Section 1 Payment entitlements based on area Section 2 Payment entitlements subject to special conditions Chapter 4 Land use under the single payment scheme Section 1 Use of the land Section 2 Set-aside entitlements Chapter 5 Regional and optional implementation Section 1 Regional implementation Section 2 Partial implementation Section 3 Optional exclusions Section 4 Optional transition TITLE IV OTHER AID SCHEMES Chapter 1 Specific quality premium for durum wheat Chapter 2 Protein crop premium Chapter 3 Crop specific payment for rice Chapter 4 Area payment for nuts Chapter 5 Aid for energy crops Chapter 6 Aid for starch potato Chapter 7 Dairy premium and additional payments Chapter 8 Specific regional aid for arable crops Chapter 9 Seed aid Chapter 10 Arable crops area payment Chapter 11 Sheep and goat premiums Chapter 12 Beef and veal payments Chapter 13 Grain legumes aid TITLE V TRANSITIONAL AND FINAL RULES ANNEX I List of support schemes fulfilling the criteria set out in Article 1 ANNEX II National ceilings referred to in Article 12(2) ANNEX III Statutory management requirements referred to in Articles 3 and 4 ANNEX IV Good agricultural and environmental condition referred to in Article 5 ANNEX V Compatible support schemes referred to in Article 26 ANNEX VI List of direct payments in relation to the single payment referred to in Article 33 ANNEX VII Calculation of the reference amount referred to in Article 37 ANNEX VIII National ceilings referred to in Article 41 ANNEX IX List of arable crops referred to in Article 66 ANNEX X Traditional production zones for durum wheat as referred to in Article 74 ANNEX XI List of seed species referred to in Article 99THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 36, 37 and 299(2) thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European ParliamentOpinion delivered on 5 June 2003 (not yet published in the Official Journal)., Having regard to the Opinion of the European Economic and Social CommitteeOJ C 208, 3.9.2003, p. 64., Having regard to the Opinion of the Committee of the RegionsOpinion delivered on 2 July 2003 (not yet published in the Official Journal)., Whereas: (1)Common conditions should be established for direct payments under the various income support schemes in the framework of the common agricultural policy. (2)The full payment of direct aid should be linked to compliance with rules relating to agricultural land, agricultural production and activity. Those rules should serve to incorporate in the common market organisations basic standards for the environment, food safety, animal health and welfare and good agricultural and environmental condition. If those basic standards are not met, Member States should withdraw direct aid in whole or in part on the basis of criteria which are proportionate, objective and graduated. Such withdrawal should be without prejudice to sanctions laid down now or in the future under other provisions of Community or national law. (3)In order to avoid the abandonment of agricultural land and ensure that it is maintained in good agricultural and environmental condition, standards should be established which may or may not have a basis in provisions of the Member States. It is therefore appropriate to establish a Community framework within which Member States may adopt standards taking account of the specific characteristics of the areas concerned, including soil and climatic conditions and existing farming systems (land use, crop rotation, farming practices) and farm structures. (4)Since permanent pasture has a positive environmental effect, it is appropriate to adopt measures to encourage the maintenance of existing permanent pasture to avoid a massive conversion into arable land. (5)In order to achieve a better balance between policy tools designed to promote sustainable agriculture and those designed to promote rural development, a system of progressive reduction of direct payments should be introduced on a compulsory Community-wide basis for the years 2005 to 2012. All direct payments, beyond certain amounts, should be reduced by a certain percentage each year. The savings made should be used to finance measures under the rural development and allocated between Member States according to objective criteria to be defined. However, it is appropriate to establish that a certain percentage of the amounts should remain in the Member States where they have been generated. Until 2005, Member States may continue to apply the current modulation on an optional basis under Council Regulation (EC) No 1259/1999 of 17 May 1999 establishing common rules for direct support schemes under the common agricultural policyOJ L 160, 26.6.1999, p. 113. Regulation as amended by Regulation (EC) No 1244/2001 (OJ L 173, 27.6.2001, p. 1).. (6)With a view to ensure that the amounts for the financing of the common agricultural policy (subheading 1a) respect the annual ceilings set in the financial perspectives, it is appropriate to provide for a financial mechanism to adjust, where necessary, the direct payments. An adjustment of direct support should be fixed when the forecasts indicate that the subheading 1a, with a security margin of EUR 300 million, is exceeded in a given budget year. (7)In view of the structure adjustments resulting from the abolition of rye intervention, it is appropriate to provide for transitional measures for certain rye production regions financed with part of the amounts generated by modulation. (8)In order to help farmers to meet the standards of modern, high-quality agriculture, it is necessary that Member States establish a comprehensive system offering advice to commercial farms. The farm advisory system should help farmers to become more aware of material flows and on-farm processes relating to the environment, food safety, animal health and welfare without in any way affecting their obligation and responsibility to respect those standards. (9)In order to facilitate the introduction of the farm advisory system, it should be provided for a time-period for Member States to set-up the system. Entry into the system should be on a voluntary basis for farmers with a priority for those who receive more than a certain amount per year in direct payments. Due to its nature of affording advice to farmers, it is appropriate for the information obtained in the course of the advisory activity to be treated as confidential, except in case of serious infringements of Community or national law. (10)Member States must, in accordance with Article 8 of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policyOJ L 160, 26.6.1999, p. 103., take the measures necessary to satisfy themselves that transactions financed by the "Guarantee" Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) are actually carried out and are executed correctly, and prevent and deal with irregularities. (11)In order to improve the effectiveness and usefulness of the administration and control mechanisms, it is necessary to adapt the system established by Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemesOJ L 355, 5.12.1992, p. 1. Regulation as last amended by Commission Regulation (EC) No 495/2001 (OJ L 72, 14.3.2001, p. 6). with a view to including the single payment scheme, the support schemes for durum wheat, protein crops, energy crops, rice, potato starch, nuts, milk, seed, grain legumes and specific regional aids as well as controls on the application of the rules on cross compliance, modulation and the farm advisory system. Provision should be made for the possibility of including, at a later stage, other aid schemes. (12)For the sake of effective control and to prevent the submission of multiple aid applications to different paying agencies within one Member State, each Member State should set up a single system to record the identity of farmers submitting aid applications subject to the integrated system. (13)The various components of the integrated system are aimed at a more effective administration and control. Therefore, in the case of Community schemes not covered by this Regulation, the Member States should be authorised to avail themselves of the system, on condition they do not in any way act contrary to the provisions concerned. (14)Given the complexity of the system and the large number of aid applications to be processed, it is essential to use the appropriate technical resources and administration and control methods. As a result, the integrated system should comprise, in each Member State, a computerised data base, an identification system for agricultural parcels, aid applications from farmers, a harmonised control system and, in the single payment scheme, a system for the identification and recording of payment entitlements. (15)To enable the data collected to be processed and used for the verification of aid applications, it is necessary to set up high-performance computerised data bases which make it possible in particular to carry out cross-checks. (16)The identification of agricultural parcels is a key element in the correct application of schemes linked to surface area. Experience has shown that the existing methods have certain deficiencies. Therefore, provision should be made for an identification system to be set up, where necessary, with the aid of remote sensing. (17)For the sake of simplification, Member States should be authorised to make provision for the submission of a single application for several aid schemes and to replace the annual application by a permanent application subject only to annual confirmation. (18)Member States should be enabled to use amounts which become available as a result of payment reductions under modulation for certain additional measures in the framework of rural development support provided for under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)OJ L 160, 26.6.1999, p. 80.. (19)Since the amounts which will become available as a result of cross compliance are not foreseeable sufficiently far ahead to be used for additional measures in the framework of rural development support, those amounts should be credited to the EAGGF "Guarantee" Section, except for a certain percentage which should be retained by the Member States. (20)Payments provided for under Community support schemes should be made by the competent national authorities to beneficiaries in full, subject to any reductions provided for in this Regulation, and within prescribed periods. (21)The support schemes under the common agricultural policy provide for direct income support in particular with a view to ensuring a fair standard of living for the agricultural community. This objective is closely related to the maintenance of rural areas. In order to avoid misallocations of Community funds, no support payments should be made to farmers who have artificially created the conditions required to obtain such payments. (22)Common support schemes have to be adapted to developments, if necessary within short time limits. Beneficiaries cannot, therefore, rely on support conditions remaining unchanged and should be prepared for a possible review of schemes in the light of market developments. (23)In view of the significant budgetary implications of direct payment support and in order to better appraise their impact, Community schemes should be subject to a proper evaluation. (24)Enhancing the competitiveness of Community agriculture and promoting food quality and environment standards necessarily entail a drop in institutional prices for agricultural products and an increase in the costs of production for agricultural holdings in the Community. To achieve those aims and promote more market-oriented and sustainable agriculture, it is necessary to complete the shift from production support to producer support by introducing a system of decoupled income support for each farm. While decoupling will leave the actual amounts paid to farmers unchanged, it will significantly increase the effectiveness of the income aid. It is, therefore, appropriate to make the single farm payment conditional upon cross-compliance with environmental, food safety, animal health and welfare, as well as the maintenance of the farm in good agricultural and environmental condition. (25)Such a system should combine a number of existing direct payments received by a farmer from various schemes in a single payment, determined on the basis of previous entitlements, within a reference period, adjusted to take into account the full implementation of measures introduced in the framework of Agenda 2000 and of the changes to the amounts of aid made by this Regulation. (26)Since the benefits in terms of administrative simplification will increase if many sectors are included the scheme should, in a first stage, cover all products included in the arable crops regime as well as grain legumes, seeds, beef and sheep. The revised payments for rice and durum wheat as well as the payment in the milk sector once the reform is fully implemented, should also be integrated into the scheme. Payments for starch potatoes and dried fodder should also be included in the scheme, while separate payments for the processing industry should be maintained. (27)Specific measures should be laid down for hemp, to ensure that illegal crops cannot be hidden among the crops eligible for the single payment, thereby adversely affecting the common market organisation for hemp. Provision should therefore be made for area payments to be granted only for areas sown to varieties of hemp offering certain guarantees with regard to the psychotropic substance content. The references to the specific measures provided for by Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibreOJ L 193, 29.7.2000, p. 16. Regulation as amended by Commission Regulation (EC) No 651/2002 (OJ L 101, 17.4.2002, p. 3). should be adapted accordingly. (28)In order to leave farmers free to choose what to produce on their land, including products which are still under coupled support, thus increasing market orientation, the single payment should not be conditional on production of any specific product. However, in order to avoid distortions of competition some products should be excluded from production on eligible land. (29)In order to establish the amount to which a farmer should be entitled under the new scheme, it is appropriate to refer to the amounts granted to him during a reference period. To take account of specific situations, a national reserve should be established. That reserve may also be used to facilitate the participation of new farmers in the scheme. The single payment should be established at farm level. (30)The overall amount to which a farm is entitled should be split into parts (payment entitlements) and linked to a certain number of eligible hectares to be defined, in order to facilitate transfer of the premium rights. To avoid speculative transfers leading to the accumulation of payment entitlements without a corresponding agricultural basis, in granting aid, it is appropriate to provide for a link between entitlements and a certain number of eligible hectares, as well as the possibility of limiting the transfer of entitlements within a region. Specific provisions should be laid down for aid not directly linked to an area taking into account the peculiar situation of sheep and goat rearing. (31)To ensure that the total level of support and entitlements do not exceed current budgetary constraints at Community or national level and, where applicable, at regional level, it is appropriate to provide for national ceilings calculated as the sum of all funds granted in each Member State for the payment of aids under the relevant support schemes, during the reference period and taking into account later adjustments. Proportional reductions should be applicable if the ceiling is overshot. (32)In order to maintain the supply control benefits of set-aside, while reinforcing its environmental benefits under the new system of support, the set-aside conditions for arable land should be maintained. (33)In order to allow flexibility to respond to specific situations, Member States should have the option to define a certain balance between individual payment entitlements and regional or national averages and between existing payments and the single payment. A specific derogation to the prohibition on cultivating fruits and vegetables including table potatoes should be provided for avoiding that in case of regionalisation this does not lead to a disruption of the production whilst minimizing any effect on distortion of competition. Moreover, in order to take into account its agricultural specific conditions, it is appropriate to provide for the possibility for a Member State to ask for a transitional period to implement the single payment scheme while continuing to respect the budgetary ceilings fixed for the single payment scheme. In case of severe distortions of competition during the transitional period and in order to ensure the respect of the Community international obligations, it is appropriate that the Commission can take the necessary measures to cope with such situations. (34)In case of optional or transitional implementation, in order to protect the legitimate expectations of farmers, it is appropriate to fix a date before which Member States have to take their decision to apply the single payment scheme. Moreover, to ensure the continuation of the current regimes, certain conditions for entitlement to aid should be established, leaving to the Commission the powers to lay down the implementing rules. (35)In order to maintain the role of durum wheat production in traditional production area while strengthening the granting of the aid to durum wheat respecting certain minimum quality requirements, it is appropriate to reduce, over a transitional period, the current specific supplement for durum wheat in traditional areas and to abolish the special aid in established areas. Only cultivation which produces durum wheat suitable for use in the manufacture of semolina and pasta products should be eligible for that aid. (36)In order to strengthen the role of protein-rich crops and to provide an incentive to increase the production of these crops, it is appropriate to provide for a supplementary payment for farmers producing these crops. To ensure a correct application of the new scheme, certain conditions for entitlement to aid should be established. A maximum guaranteed area should be prescribed and proportional reductions applied if the maximum guaranteed area is exceeded. (37)In order to maintain the role of rice production in traditional production areas, it is appropriate to provide for a supplementary payment for rice producers. To ensure a correct application of the new scheme, certain conditions for entitlement to aid should be established. National base areas should be established and reductions applied if the areas are exceeded. (38)New support arrangements for nuts should be established to avoid the potential disappearance of nut production in traditional areas and the subsequent negative environmental, rural, social and economic consequences. To ensure a correct application of the new arrangements, certain conditions for entitlement to aid should be established, including a minimum tree density and plot size. In order to cater for specific needs, Member States should be entitled to provide additional aid. (39)To avoid budgetary overshoot, a maximum guaranteed area should be prescribed and proportional reductions applied if the maximum guaranteed area is exceeded, concentrated in Member States which overshoot their area. To ensure balanced application throughout the Community, this area should be allocated in proportion to areas of nut production in Member States. The Member States should be responsible for allocating the areas within their territory. Areas subject to improvement plans should not be eligible for aid under the new scheme until the plan has expired. (40)In order to capitalise on the success of improvement plans in regrouping supply, Member States may make entitlement to Community aid and national aid conditional on membership of producer organisations. To avoid disruption, a smooth transition must be ensured to the new scheme. (41)Currently, support for energy crops consists of the possibility to grow industrial crops on set-aside land. Energy crops account for the largest amount of non-food production on set-aside land. Specific aid for energy crops with the objective of increasing carbon dioxide substitution should be established. A maximum guaranteed area should be prescribed and proportional reductions applied if the maximum guaranteed area is exceeded. The arrangements should be reviewed after a prescribed period taking into account the implementation of the Community biofuels initiative. (42)In order to maintain starch production in traditional areas of production and to recognise the role of potato production in the agronomic cycle, it is appropriate to provide for a supplementary payment for potato starch producers. Moreover, in so far as the payment system for starch potato producers is to be partially included in the single payment scheme, Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starchOJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regulation (EC) No 962/2002 (OJ L 149, 7.6.2002, p. 1). should be amended. (43)The inclusion of arable crops, beef and sheep extends the single payment scheme to premiums which are paid in the outermost regions and Aegean islands, in order to achieve further simplification and to avoid leaving in place a legal and administrative framework for a limited number of farmers in those areas. However, in order to maintain the role of certain type of production in these regions of the Community, it is appropriate to provide that Member States may decide that they need not include those payments in the single payment scheme. The same possibility should apply to the supplementary payments in certain regions of Sweden and Finland as well as to seed aid. In this cases, the continuation of the current regimes requires that certain conditions for entitlement to aid shall be established, leaving to the Commission the powers to lay down the implementing rules. (44)In order to facilitate the transition between the current regimes for arable crops payments and livestock premiums and the new single payment scheme, it is appropriate to provide for some adaptations to the current direct payments in those sectors. (45)Agricultural activity in the Azores is highly dependent on milk production. It thus is advisable to renew and extend the measures taken in Article 23 of Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Azores and MadeiraOJ L 198, 21.7.2001, p. 26. and to derogate for a period of six marketing years in total beginning in 1999/2000 from certain provisions of the common market organisation for milk and milk products as regard of limitation of production in order to take account of the level of development of and the conditions for local production. Over the period of its application, this measure should enable the sector in the Azores to continue being restructured without interfering with the milk market and without appreciably affecting the sound working of the levy scheme at Portuguese or Community level. (46)The application of the single farm payment scheme will de facto imply that the conversion programme of land currently under arable crops to extensive livestock farming in Portugal laid down in Regulation (EC) No 1017/94OJ L 112, 3.5.1994, p. 2. Regulation as last amended by Regulation (EC) No 2582/2001 (OJ L 345, 29.12.2001, p. 5). becomes without object. Regulation (EC) No 1017/94 should therefore be repealed by the entry into force of the single payment scheme. (47)As a result of the aforementioned changes and new provisions, Council Regulations (EEC) No 3508/92, (EC) No 1577/96 of 30 July 1996 introducing a specific measure in respect of certain grain legumesOJ L 206, 16.8.1996, p. 4. Regulation as last amended by Regulation (EC) No 811/2000 (OJ L 100, 20.4.2000, p. 1). and (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable cropsOJ L 160, 26.6.1999, p. 1. Regulation as last amended by Regulation (EC) No 1038/2001 (OJ L 145, 31.5.2001, p. 16). should be repealed. Regulation (EC) No 1259/1999 should also be repealed, except some provisions which provide for specific temporary and optional regimes. (48)The specific provisions concerning direct payments in Council Regulations (EEC) No 2358/71 of 26 October 1971 on the common organisation of the market in seedsOJ L 246, 5.11.1971, p. 1. Regulation as last amended by Regulation (EC) No 154/2002 (OJ L 25, 29.1.2002, p. 18)., No 2019/93 of 19 July 1993 introducing specific measures for the smaller Aegean islands concerning certain agricultural productsOJ L 184, 27.7.1993, p. 1 (OJ L 68, 12.3.2002, p. 4). Regulation as last amended by Regulation (EC) No 442/2002., (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and vealOJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)., (EC) No 1452/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the French overseas departmentsOJ L 198, 21.7.2001, p. 11., (EC) No 1454/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Canary IslandsOJ L 198, 21.7.2001, p. 45. Regulation as last amended by Commission Regulation (EC) No 1922/2002 (OJ L 293, 29.10.2002, p. 11). and (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeatOJ L 341, 22.12.2001, p. 3. have effectively lost their substance and should therefore be deleted. (49)At the time of entry into force of this regulation, the Community consists of 15 Member States. Taking into account the fact that, according to the Treaty of Accession of 2003, the accession of the new Member States is to take place on 1 May 2004, this Regulation should be adapted, by the date of accession, according to the procedures provided for by that Treaty, in order to make it applicable to the new Member States. (50)The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the CommissionOJ L 184, 17.7.1999, p. 23., HAS ADOPTED THIS REGULATION:
TITLE I SCOPE AND DEFINITIONS
Article 1 Scope This Regulation establishes: common rules on direct payments under income support schemes in the framework of the common agricultural policy which are financed by the "Guarantee" Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) listed in Annex I, except those provided for under Regulation (EC) No 1257/1999; an income support for farmers (hereinafter referred to as the "single payment scheme"); a transitional simplified income support for farmers in the new Member States (hereinafter referred to as the "single area payment scheme"); support schemes for farmers producing durum wheat, protein crops, rice, nuts, energy crops, starch potatoes, milk, seeds, arable crops, sheep meat and goat meat, beef and veal, grain legumes, cotton, tobacco, hops, as well as for farmers maintaining olive groves.
Article 2 Definitions For the purposes of this Regulation, the following definitions shall apply: (a)"farmer" means a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity, (b)"holding" means all the production units managed by a farmer situated within the territory of the same Member State, (c)"agricultural activity" means the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, or maintaining the land in good agricultural and environmental condition as established under Article 5, (d)"direct payment" means a payment granted directly to farmers under an income support scheme listed in Annex I, (e)"payments in a given calendar year" or "payments in the reference period" means the payments granted or to be granted in respect of the year/years concerned, including all payments in respect of other periods starting in that calendar year/years, (f)"agricultural products" means the products listed in Annex I of the Treaty, including cotton, but with the exception of fishery products, (g)"new Member States" means Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia.
TITLE II GENERAL PROVISIONS CHAPTER 1 CROSS COMPLIANCE
Article 3 Main requirements 1. A farmer receiving direct payments shall respect the statutory management requirements referred to in Annex III, according to the timetable fixed in that Annex, and the good agricultural and environmental condition established under Article 5. 2. The competent national authority shall provide the farmer with the list of statutory management requirements and good agricultural and environmental condition to be respected.
Article 4 Statutory management requirements 1. The statutory management requirements referred to in Annex III shall be established by Community legislation in the following areas: public, animal and plant health, environment, animal welfare. 2. The acts referred to in Annex III shall apply within the framework of this Regulation in the version as amended from time to time and, in case of Directives, as implemented by the Member States.
Article 5 Good agricultural and environmental condition 1. Member States shall ensure that all agricultural land, especially land which is no longer used for production purposes, is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum requirements for good agricultural and environmental condition on the basis of the framework set up in Annex IV, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. This is without prejudice to the standards governing good agricultural practices as applied in the context of Council Regulation (EC) No 1257/1999 and to agri-environment measures applied above the reference level of good agricultural practices. 2. Member States shall ensure that land which was under permanent pasture at the date provided for the area aid applications for 2003 is maintained under permanent pasture.The new Member States shall ensure that land which was under permanent pasture on 1 May 2004 is maintained under permanent pasture.However, Bulgaria and Romania shall ensure that land which was under permanent pasture on 1 January 2007 is maintained under permanent pasture. However a Member State may, in duly justified circumstances, derogate from the first subparagraph, provided that it takes action to prevent any significant decrease in its total permanent pasture area. The first subparagraph shall not apply to land under permanent pasture to be afforested, if such afforestation is compatible with the environment and with the exclusion of plantations of Christmas trees and fast growing species cultivated in the short term.
Article 6 Reduction or exclusion from payments 1. Where the statutory management requirements or good agricultural and environmental conditions are not complied with at any time in a given calendar year (hereinafter "the calendar year concerned"), and the non-compliance in question is the result of an act or omission directly attributable to the farmer who submitted the aid application in the calendar year concerned, the total amount of direct payments to be granted, after application of Articles 10 and 11 to that farmer, shall be reduced or cancelled in accordance with the detailed rules laid down under Article 7. The first subparagraph shall also apply where, the non-compliance in question is the result of an act or omission directly attributable to the person to whom or from whom the agricultural land was transferred. For the purposes of application of the first and second subparagraphs for the year 2008, the calendar year shall correspond to the period of 1 April to 31 December 2008. For the purpose of this paragraph "transfer" means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor. 2. The reductions or exclusions referred to in paragraph 1 shall only apply if the non-compliance relates to: (a)an agricultural activity, or (b)an agricultural land of the holding, including the parcels on set aside. 3. Notwithstanding paragraph 1 and in accordance with the conditions laid down in the detailed rules referred to in Article 7(1), Member States may decide not to apply a reduction or exclusion amounting to EUR 100 or less per farmer and per calendar year. Where a Member State decides to make use of the option provided for in the first subparagraph, in the following year the competent authority shall take the actions required to ensure that the farmer remedies the findings of non-compliance concerned. The finding and the remedial action to be taken shall be notified to the farmer.
Article 7 Detailed rules for reduction or exclusion 1. Detailed rules for the reductions and exclusions referred to in Article 6 shall be laid down in accordance with the procedure referred to in Article 144(2). In this context, account shall be taken of the severity, extent, permanence and repetition of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4 of this Article. 2. In case of negligence, the percentage of reduction shall not exceed 5 % and, in case of repeated non-compliance, 15 %. In duly justified cases Member States may decide that no reduction shall be applied where, given its severity, extent and permanence, a case of non-compliance is to be considered as minor. Cases of non-compliance which constitute a direct risk to public or animal health shall however not be considered as minor. Unless the farmer has taken immediate remedial action putting an end to the non-compliance found, the competent authority shall take the actions required that may, where appropriate, be limited to an administrative check, to ensure that the farmer remedies the findings of non-compliance concerned. The finding of minor non-compliance and the remedial action to be taken shall be notified to the farmer. 3. In case of intentional non-compliance, the percentage of reduction shall not in principle be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years. 4. In any case, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in Article 6(1).
Article 8 Review By 31 December 2007 at the latest, the Commission shall submit a report on the application of the system of cross compliance accompanied, if necessary, by appropriate proposals notably with the view of amending the list of statutory management requirements set out in Annex III.
Article 9 Amounts resulting from cross compliance The amount resulting from the application of this Chapter shall be credited to the EAGGF "Guarantee" Section. Member State may retain 25 % of those amounts.
CHAPTER 2 MODULATION AND FINANCIAL DISCIPLINE
Article 10 Modulation 1. All the amounts of direct payments to be granted in a given calendar year to a farmer in a given Member State shall be reduced for each year until 2012 by the following percentages: 2005: 3 %, 2006: 4 %, 2007: 5 %, 2008: 5 %, 2009: 5 %, 2010: 5 %, 2011: 5 %, 2012: 5 %. 2. The amounts resulting from application of the reductions provided for in paragraph 1, after deducting the total amounts referred to in Annex II, shall be available as additional Community support for measures under rural development programming financed under the EAGGF "Guarantee" Section according to Regulation (EC) No 1257/1999. 3. The amount corresponding to one percentage point shall be allocated to the Member State where the corresponding amounts have been generated. The remaining amounts shall be allocated to the Member States concerned in accordance with the procedure referred to in Article 144(2) on the basis of the following criteria: agricultural area, agricultural employment, gross domestic product (GDP) per capita in purchasing power. However, any Member State shall receive at least 80 % of the total amounts which the modulation has generated in that Member State. 4. By way of derogation from the second subparagraph of paragraph 3, if in a Member State the proportion of rye as part of its total cereal production exceeded 5 % on average during the period 2000-2002 and its proportion of the total Community production of rye exceeded 50 % during the same period, at least 90 % of the amounts which the modulation generated in the Member State concerned shall be reallocated to that Member State, until 2013 included. In such a case, without prejudice to the possibility provided for by Article 69, at least 10 % of the amount allocated to the Member State concerned shall be available for measures referred to in paragraph 2 of this Article in rye producing regions. For the purpose of this paragraph, "cereals" mean the cereals referred to in Annex IX. 5. Paragraph 1 shall not apply to direct payments granted to farmers in the French overseas departments, in the Azores and Madeira, in the Canary and Aegean islands.
Article 11 Financial discipline 1. Starting with the 2007 budget, with a view to ensuring that the amounts for the financing of the common agricultural policy currently under subheading 1a (market measures and direct aids) respect the annual ceilings set out in the Decision of the Representatives of the Governments of the Member States, meeting within the Council on 18 November 2002, concerning the Conclusions of the European Council meeting in Brussels on 24 and 25 October 2002, an adjustment of the direct payments shall be fixed when the forecasts for the financing of the measures under subheading 1a for a given budget year, increased by the amounts given in Articles 143d and 143e and before application of modulation provided for in Article 10(2), indicate that the abovementioned annual ceiling, taking into account a margin of EUR 300 million below that ceiling, will be exceeded. This is without prejudice to the financial perspective for 2007 to 2013. 2. The Council, on a Commission's proposal presented not later than 31 March of the calendar year in respect of which the adjustments referred to in paragraph 1 apply, shall fix these adjustments at latest by 30 June of the calendar year in respect of which the adjustments apply.
Article 12 Additional amount of aid 1. An additional amount of aid shall be granted to farmers receiving direct payments under this Regulation. The additional amount of aid shall be equal to the amount resulting from the application of the percentages of reduction for that calendar year under Article 10 to the first EUR 5000 or less of direct payments. 2. The total additional amounts of aid which may be granted in a Member State in a calendar year shall not be higher than the ceilings set out in Annex II. Where necessary, Member States shall proceed to a linear percentage adjustment of additional amounts of aid in order to respect the ceilings set out in Annex II. 3. The additional amount of aid shall not be subject to the reductions referred to in Article 10. 4. Starting with the budget 2007, the Commission, in accordance with the procedure referred to in Article 144(2), shall review the ceilings set out in Annex II in order to take into account structural changes of the holdings. 5. For the new Member States, the ceilings referred to in paragraph 2 shall be fixed by the Commission in accordance with the procedure referred to in Article 144(2).
Article 12a Application to new Member States 1. Articles 10 and 12 shall not apply to the new Member States until the beginning of the calendar year, in respect of which the level of direct payments applicable in the new Member States is at least equal to the then applicable level of such payments in the Community as constituted on 30 April 2004. 2. In the framework of the application of the schedule of increments provided for in Article 143a to all direct payments granted in the new Member States, Article 11 shall not apply to the new Member States until the beginning of the calendar year, in respect of which the level of direct payments applicable in the new Member States is at least equal to the then applicable level of such payments in the Community as constituted on 30 April 2004.
CHAPTER 3 FARM ADVISORY SYSTEM
Article 13 Farm advisory system 1. By 1 January 2007, Member States shall set up a system of advising farmers on land and farm management (hereinafter referred to as the "farm advisory system") operated by one or more designated authorities or by private bodies. 2. The advisory activity shall cover at least the statutory management requirements and the good agricultural and environmental condition referred to in Chapter I.
Article 14 Conditions 1. Farmers may participate in the farm advisory system on a voluntary basis. 2. Member States shall give priority to the farmers who receive more that EUR 15000 of direct payments per year.
Article 15 Obligations of approved private bodies and designated authorities Without prejudice to national legislation concerning public access to documents, Member States shall ensure that private bodies and designated authorities referred to in Article 13 do not disclose personal or individual information and data they obtain in their advisory activity to persons other than the farmer managing the holding concerned, except any irregularity or infringement found during their activity which is covered by an obligation laid down in Community or national law to inform a public authority, in particular in case of criminal offences.
Article 16 Review By 31 December 2010 at the latest, the Commission shall submit a report on the application of the farm advisory system, accompanied, if necessary, by appropriate proposals with a view of rendering it compulsory.
CHAPTER 4 INTEGRATED ADMINISTRATION AND CONTROL SYSTEM
Article 17 Scope Each Member State shall set up an integrated administration and control system, hereinafter referred to as the "integrated system". The integrated system shall apply to the support schemes established under Titles III and IV of this Regulation and under Article 2a of Regulation (EC) No 1259/1999. To the extent necessary, it shall also apply to the administration and control of the rules laid down in Chapters 1, 2 and 3.
Article 18 Elements of the integrated system 1. The integrated system shall comprise the following elements: (a)a computerised data base, (b)an identification system for agricultural parcels, (c)a system for the identification and registration of payment entitlements as referred to in Article 21, (d)aid applications, (e)an integrated control system, (f)a single system to record the identity of each farmer who submits an aid application. 2. In the event of Articles 67, 68, 69, 70 and 71 beingapplied, the integrated system shall incorporate a system forthe identification and registration of animals set up inaccordance, on the one hand, with Regulation (EC) No1760/2000 of the European Parliament and of the Councilof 17 July 2000 establishing a system for the identificationand registration of bovine animalsOJ L 204, 11.8.2000, p. 1. and regarding the labelling of beef and beef products and, on the other hand,with Council Regulation (EC) No 21/2004 of 17 December2003 establishing a system for the identification and registrationof ovine and caprine animalsOJ L 5, 9.1.2004, p. 8..
Article 19 Computerised data base 1. The computerised data base shall record, for each agricultural holding, the data obtained from aid applications. This data base shall, in particular, allow direct and immediate consultation, through the competent authority of the Member State, of the data relating to the calendar and/or marketing years starting from the year 2000 and, for aid granted under Chapter 10b of Title IV, from 1 May 1998. 2. The Member States may set up decentralised data bases on condition that these, and the administrative procedures for recording and accessing data, are designed homogeneously throughout the territory of the Member State and are compatible with one another in order to allow cross-checks.
Article 20 Identification system for agricultural parcels 1. The identification system for agricultural parcels shall be established on the basis of maps or land registry documents or other cartographic references. Use shall be made of computerised geographical information system techniques including preferably aerial or spatial orthoimagery, with a homogenous standard guaranteeing accuracy at least equivalent to cartography at a scale of 1:10000. 2. For the Member states applying the aid for olive groves provided for in Chapter 10b of Title IV, the identification system shall include a geographical information system for olive cultivation, consisting of a computerised alphanumerical database and a computerised graphical reference database for olive trees and areas concerned. 3. Member States not applying the aid for olive groves provided for in Chapter 10b of Title IV may decide to include the geographical information system for olive cultivation referred to in paragraph 2 in the identification system for agricultural parcels.
Article 21 System for the identification and registration of payment entitlements 1. The system for the identification and registration of payment entitlements shall be set up allowing verification of entitlements and cross-checks with the aid applications and the identification system for agricultural parcels. 2. This system shall allow direct and immediate consultation, through the competent authority of the Member State, of the data relating to at least the previous three consecutive calendar and/or marketing years.
Article 22 Aid applications 1. Each year, a farmer shall submit an application for direct payments subject to the integrated system, indicating, where applicable: all agricultural parcels of the holding, in the case of an application for the aid for olive groves provided for in Chapter 10b of Title IV, or where the Member State is applying the option referred to in Article 20(3), the number of olive trees and their positioning in the parcel, the number and amount of payment entitlements, any other information provided for by this Regulation or by the Member State concerned. 2. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. A Member State shall distribute pre-printed forms based on the areas determined in the previous year and supply graphic material indicating the location of those areas and, where appropriate, the positioning of olive trees. 3. A Member State may decide that a single aid application shall cover several or all support schemes listed in Annex I or other support schemes.
Article 23 Verification of eligibility conditions 1. Member States shall carry out administrative checks on the aid applications including a verification of the eligible area and the corresponding payment entitlements. 2. Administrative checks shall be supplemented by a system of on-the-spot checks to verify eligibility for the aid. For this purpose, Member States shall draw up a sampling plan of agricultural holdings. Member States may use remote sensing techniques as a means to carry out on-the-spot checks on agricultural parcels. 3. Each Member State shall designate an authority responsible for coordinating the checks provided for in this Chapter. Where the Member State provides for the delegation of some aspects of the work to be carried out under this Chapter to specialised agencies or firms, the designated authority shall retain control over, and responsibility for, that work.
Article 24 Reductions and exclusions 1. Without prejudice to reductions and exclusions provided for in Article 6 of this Regulation, where it is found that the farmer does not comply with the eligibility conditions relevant to the granting of the aid as provided for in this Regulation or by Article 2a of Regulation (EC) No 1259/1999, the payment or part of the payment granted or to be granted for which the conditions of eligibility have been meet shall be subject to reductions and exclusions to be laid down in accordance with the procedure referred to in Article 144(2) of this Regulation. 2. The percentage of reduction shall be graduated according to the severity, extent, permanence and repetition of the non-compliance found and may go as far as total exclusion from one or several aid schemes for one or more calendar years.
Article 25 Controls on cross compliance 1. Member States shall carry out on-the-spot-checks to verify whether the farmer complies with the obligations referred to in Chapter 1. 2. Member States may make use of their existing administration and control systems to ensure compliance with the statutory management requirements and good agricultural and environmental condition referred to in Chapter 1. These systems, and notably the system for identification and registration of animals set up in accordance with Directive 92/102/EEC, Regulation (EC) No 1760/2000 and Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EEC) No 1782/2003, shall be compatible, within the meaning of Article 26 of this Regulation, with the integrated system.
Article 26 Compatibility For the purpose of applying the support schemes listed in Annex V, Member States shall ensure that the administration and control procedures applied to these schemes are compatible with the integrated system in the following respects: (a)the computerised data base; (b)the identification systems for agricultural parcels; (c)administrative checks. To this end, these systems shall be set up so as to allow, without any problems or conflicts, a common functioning of, or the exchange of data between, them. Member States may, for the purposes of applying Community or national support schemes other than those listed in Annex V, incorporate in their administration and control procedures one or more components of the integrated system.
Article 27 Information and checks 1. The Commission shall be kept regularly informed of the application of the integrated system. It shall organise exchanges of views on this subject with the Member States. 2. After informing the competent authorities concerned in good time, authorised representatives appointed by the Commission may carry out: any examination or control relating to the measures taken in order to establish and to implement the integrated system, checks at the specialised agencies and firms referred to in Article 23(3). Officials of the Member State concerned may take part in such checks. The aforementioned powers to carry out checks shall not affect the application of national law provisions which reserve certain acts for officials specifically designated by national law. The authorised representatives appointed by the Commission shall in particular not participate in home visits to or the formal interrogation of suspects under the national law of the Member State. They shall, however, have access to the information obtained thereby. 3. Without prejudice to the responsibilities of the Member States for the implementation and application of the integrated system, the Commission may seek the assistance of specialised bodies or persons in order to facilitate the establishment, monitoring and utilisation of the integrated system, in particular with a view to providing the competent authorities of the Member States with technical advice, should they request it.
CHAPTER 5 OTHER GENERAL PROVISIONS
Article 28 Payment 1. Save as otherwise provided for in this Regulation, payments under support schemes listed in Annex I shall be made in full to the beneficiaries. 2. Payments shall be made once a year within the period from 1 December to 30 June of the following calendar year. However, the additional amount of aid provided for in Article 12 shall be paid by 30 September at the latest of the calendar year following the calendar year concerned. 3. By way of derogation from paragraph 2 of this Article and in accordance with the procedure referred to in Article 144(2), the Commission may: (a)extend the date of payment for the payments provided for in Article 5(1) of Regulation 136/66/EEC of the Council of 22 September 1966 on the establishment of a common organisation of the market in oils and fatsOJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4).; (b)provide for advances; (c)authorise the Member States, subject to the budgetary situation, to pay prior to 1 December advances in regions where, due to exceptional conditions, farmers face severe financial difficulties: of up to 50 % of the payments,or of up to 80 % of the payments in case advances have already been provided for.
Article 29 Restriction of payment Without prejudice to any specific provisions in individual support schemes, no payment shall be made in favour of beneficiaries for whom it is established that they artificially created the conditions required for obtaining such payments with a view to obtaining an advantage contrary to the objectives of that support scheme.
Article 30 Review Support schemes listed in Annex I shall be applied without prejudice to possible review at any moment in the light of market developments and the budgetary situation.
Article 31 Evaluation In order to gauge their effectiveness, payments under support schemes listed in Annex I shall be subject to evaluation designed to appraise their impact with respect to their objectives and to analyse their effects on the relevant markets.
Article 32 Interventions under Regulation (EC) No 1258/1999 The support schemes listed in Annex I shall be considered as "intervention" as referred to in Article 1(2)(b) and Article 2(2) of Regulation (EC) No 1258/1999.
TITLE III SINGLE PAYMENT SCHEME CHAPTER 1 GENERAL PROVISIONS
Article 33 Eligibility 1. Farmers shall have access to the single payment scheme if: (a)they have been granted a payment in the reference period referred to in Article 38 under at least one of the support schemes referred to in Annex VI or, in the case of olive oil, in the marketing years referred to in the second subparagraph of Article 37(1), or, in the case of sugar beet, cane and chicory, if they have benefited from market support in the representative period referred to in point K of Annex VII, or, in the case of bananas, if they have benefited from compensation for loss of income in the representative period referred to in point L of Annex VII, or, in the case of fruit and vegetables, ware potatoes and nurseries, if they were producers of fruit and vegetable products, ware potatoes or nurseries in the representative period applied by Member States for those products in accordance with point M of Annex VII. (b)they have received the holding or part of the holding, by way of actual or anticipated inheritance, by a farmer who met the conditions referred to in point (a), or (c)they have received a payment entitlement from the national reserve or by transfer. 2. In case the farmer who has been granted a direct payment in the reference period changes his legal status or denomination in that period or not later than 31 December of the year preceding the year of application of the single payment scheme, he shall have access to the single payment scheme under the same conditions as the farmer originally managing the holding. 3. In case of mergers during the reference period or not later than 31 December of the year preceding the year of application of the single payment scheme, the farmer managing the new holding shall have access to the single payment scheme under the same conditions as the farmers managing the original holdings. In case of scissions during the reference period or not later than 31 December of the year preceding the year of application of the single payment scheme, the farmers managing the holdings shall have access, pro rata, to the single payment scheme under the same conditions as the farmer managing the original holding.
Article 34 Application 1. The first year of application of the single payment scheme, the competent authority of the Member State shall send an application form to the farmers referred to in Article 33(1)(a) indicating: (a)the amount referred to in Chapter 2 (hereinafter referred to as the "reference amount"); (b)the number of hectares referred to in Article 43; (c)the number and value of payment entitlements as defined in Chapter 3. 2. Farmers shall apply to the single payment scheme by a date, to be fixed by Member States, but not later than 15 May. However, the Commission, in accordance with the procedure referred to in Article 144(2), may allow the date of 15 May to be postponed in certain zones where exceptional climatic conditions render the normal dates inapplicable. 3. Except in case of force majeure and exceptional circumstances within the meaning of Article 40(4), no entitlements shall be allocated to farmers referred to in Article 33(1)(a) and (b) and to those who receive payment entitlements from the national reserve, if they do not apply to the single payment scheme by 15 May of the first year of application of the single payment scheme. The amounts corresponding to those entitlements not allocated shall revert to the national reserve referred to in Article 42 and shall be available for reallocation by a date to be fixed by the Member State but not later than 15 August of the first year of application of the single payment scheme.
Article 35 Double claims 1. The area corresponding to the number of eligible hectares as defined in Article 44(2) in respect of which a single payment application is submitted may be the subject of an application for any other direct payment as well as for any other aid not covered by this Regulation, save as otherwise provided. 2. Farmers who have participated in the tobacco quota buy-back scheme according to Regulation (EEC) No 2075/92 shall be entitled to either the single payment or the quota buy-back price. However, where the quota buy-back price is higher than the amount calculated for tobacco to be included in the reference amount, the farmer shall still be entitled, in addition to the single payment, to a part of the buy-back price corresponding to the difference between the price amount and the amount calculated in accordance with point I of Annex VII to this Regulation.
Article 36 Payment 1. Aid under the single payment scheme shall be paid in respect of payment entitlements as defined in Chapter 3, accompanied by an equal number of eligible hectares as defined in Article 44(2). 2. Member States may decide to combine payments under the single payment scheme with payments under any other support scheme.
CHAPTER 2 ESTABLISHMENT OF THE AMOUNT
Article 37 Calculation of the reference amount 1. The reference amount shall be the three-year average of the total amounts of payments, which a farmer was granted under the support schemes referred to in Annex VI, calculated and adjusted according to Annex VII, in each calendar year of the reference period referred to in Article 38. However, for olive oil the reference amount shall be the four-year average of the total amounts of payments which a farmer was granted under the olive oil support scheme referred to in Annex VI, calculated and adjusted according to Annex VII, during the marketing years 1999/2000, 2000/01, 2001/02 and 2002/03. For sugar beet, cane and chicory used for the production of sugar or inulin syrup the reference amount shall be calculated and adjusted in accordance with point K of Annex VII. For bananas the reference amount shall be calculated and adjusted in accordance with point L of Annex VII. For fruit and vegetables, ware potatoes and nurseries the reference amount shall be calculated and adjusted in accordance with point M of Annex VII. 2. By way of derogation from paragraph 1, when a farmer commences an agricultural activity in the reference period, the average shall be based on the payments he was granted in the calendar year or years during which he exercised the agricultural activity.
Article 38 Reference period The reference period shall comprise the calendar years 2000, 2001 and 2002.
Article 39 Application of modulation and cross-compliance laid down under Regulation (EC) No 1259/1999 In case of application of Articles 3 and 4 of Regulation (EC) No 1259/1999 during the reference period, the amounts referred to in Annex VII shall be those that would have been granted before application of the said Articles.
Article 40 Hardship cases 1. By way of derogation from Article 37, a farmer whose production was adversely affected during the reference period by a case of force majeure or exceptional circumstances occurring before or during that reference period shall be entitled to request that the reference amount be calculated on the basis of the calendar year or years in the reference period not affected by the case of force majeure or exceptional circumstances. 2. If the whole reference period was affected by the case of force majeure or exceptional circumstances, the Member State shall calculate the reference amount on the basis of the 1997 to 1999 period. In the case of sugar beet, cane and chicory, the reference amount shall be calculated on the basis of the closest marketing year prior to the representative period chosen in accordance with point K of Annex VII. In the case of bananas, it shall be calculated on the basis of the closest marketing year prior to the representative period chosen in accordance with point L of Annex VII. In the case of fruit and vegetables, ware potatoes and nurseries, it shall be calculated on the basis of the closest marketing year prior to the representative period chosen in accordance with point M of Annex VII. In those cases, paragraph 1 shall apply mutatis mutandis. 3. A case of force majeure or exceptional circumstances, with relevant evidence to the satisfaction of the competent authority, shall be notified by the farmer concerned in writing to the authority within a deadline to be fixed by each Member State. 4. Force majeure or exceptional circumstances shall be recognised by the competent authority in cases such as, for example: (a)the death of the farmer; (b)long-term professional incapacity of the farmer; (c)a severe natural disaster gravely affecting the holding's agricultural land; (d)the accidental destruction of livestock buildings on the holding; (e)an epizootic affecting part or all of the farmer's livestock. 5. Paragraphs 1, 2 and 3 of this Article shall apply, mutatis mutandis, to farmers who, during the reference period, were under agri-environmental commitments in accordance with Regulations (EEC) No 2078/92OJ L 215, 30.7.1992, p. 85.and (EC) No 1257/1999, to hop farmers who, during the same period, were under a grubbing-up commitment in accordance with Regulation (EC) No 1098/98OJ L 157, 30.5.1998, p. 7., as well as to tobacco farmers who have participated in the quota buy-back programme in accordance with Regulation (EEC) No 2075/92. In the case where the measures referred to in the first subparagraph covered both the reference period and the period referred to in paragraph 2, Member States shall establish, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, a reference amount in accordance with the detailed rules to be laid down by the Commission in accordance with the procedure referred to in Article 144(2).
Article 41 Ceiling 1. For each Member State, the sum of the reference amounts shall not be higher than the national ceiling referred to in Annex VIII. In the case of chicory and taking into account the latest data made available to it by the Member States until 31 March 2006, the Commission may, in accordance with the procedure referred to in Article 144(2), reallocate the national amounts set out in point K(2) of Annex VII and adapt the national ceilings set out in Annex VIII accordingly without changing the global amounts or the ceilings respectively. 1a. Where some of the quantities of the quota sugar or the quota inulin syrup were produced in a Member State on the basis of sugar beet, cane or chicory grown in another Member State during any of the marketing years 2000/2001, 2001/2002, 2002/2003, 2003/2004, 2004/2005 or 2005/2006, the ceilings set out in point K of Annex VII and the national ceilings set out in Annexes VIII and VIIIa of the Member States concerned shall be adapted by transferring the amounts corresponding to the relevant quantities from the national ceilings of the Member State where the relevant sugar or inulin syrup was produced to those of the Member State where the relevant quantities of sugar beet, cane or chicory were grown.The Member States concerned shall inform the Commission by 31 March 2006 of the quantities concerned.The transfer shall be decided by the Commission in accordance with the procedure referred to in Article 144(2). 2. Where necessary, a Member State shall proceed to a linear percentage reduction of the reference amounts in order to ensure respect of its ceiling.
Article 42 National reserve 1. Member States shall, after any possible reduction under Article 41(2), proceed to a linear percentage reduction of the reference amounts in order to constitute a national reserve. This reduction shall not be higher than 3 %. 2. The national reserve shall further include the difference between the ceiling referred to in Annex VIII and the sum of the reference amounts to be granted to farmers under the single payment scheme, before the reduction referred to in paragraph 1 second sentence. 3. Member States may use the national reserve to grant, in priority, reference amounts to farmers who commence their agricultural activity after 31 December 2002, or in 2002 but without receiving any direct payment in that year, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. 4. Member States shall use the national reserve for the purpose of establishing, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, reference amounts for farmers finding themselves in a special situation, to be defined by the Commission in accordance with the procedure referred to in Article 144(2). 5. Member States may use the national reserve for the purpose of establishing, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, reference amounts for farmers in areas subject to restructuring and/or development programs relating to one or the other form of public intervention in order to avoid abandoning of land and/or in order to compensate specific disadvantages for farmers in those areas. 6. In application of paragraphs 3 to 5 Member States may increase the unit value, within the limit of the regional average of the value of entitlements, and/or the number of entitlements allocated to farmers. 7. Member States shall proceed to linear reductions of the entitlements in case their national reserve is not sufficient to cover the cases referred to in paragraphs 3 and 4. 8. Except in the case of a transfer by actual or anticipated inheritance and of mergers and scissions, and by way of derogation from Article 46, the entitlements established using the national reserve shall not be transferred for a period of five years starting from their allocation. In the case of a merger or scission, the farmer(s) managing the new holding(s) shall keep the entitlements which were originally allocated from the national reserve until the remaining part of the five-year period. By way of derogation from Article 45(1), any entitlement which has not been used during each year of the five year period shall revert immediately to the national reserve. However, in the case of application of paragraph 5, Member States may decide that, for 2007, unused payment entitlements corresponding to an equivalent number of hectares declared by the farmer and used for ware potatoes or for fruits and vegetables shall not revert to the national reserve. 9. By way of derogation from Articles 33 and 43, in case of sale or lease for six or more years of the holding or part of it or premium rights in the reference period or not later than 15 May 2004, part of the entitlements to be allocated to the seller or the lessor may revert to the national reserve under conditions to be defined by the Commission, in accordance with the procedure referred to in Article 144(2).
CHAPTER 3 PAYMENT ENTITLEMENTS Section 1 Payment entitlements based on areas
Article 43 Determination of the payment entitlements 1. Without prejudice to Article 48, a farmer shall receive a payment entitlement per hectare which is calculated by dividing the reference amount by the three-year average number of all hectares which in the reference period gave right to direct payments listed in Annex VI. The total number of payment entitlements shall be equal to the above mentioned average number of hectares. However, in the case referred to in Article 37(2), the total number of payment entitlements shall be equal to the average number of hectares of the same period used for the establishment of the reference amounts and Article 42(8) shall apply to these payment entitlements. 2. The number of hectares referred to in paragraph 1 shall further include: (a)in the case of potato starch, dried fodder, seed, olive groves, and tobacco aids listed in Annex VII, the number of hectares whose production has been granted the aid in the reference period, as calculated in accordance with points B, D, F, H and I of Annex VII; (aa)in the case of sugar beet, cane and chicory, the number of hectares as calculated in accordance with point 4 of point K of Annex VII; (ab)in the case of bananas, the number of hectares as calculated in accordance with point L of Annex VII; (ac)in the case of fruit and vegetables, ware potatoes and nurseries, the number of hectares as calculated in accordance with point M of Annex VII; (b)all forage area in the reference period. 3. For the purpose of paragraph 2(b) of this Article, "forage area" shall mean the area of the holding that was available throughout the calendar year, in accordance with Article 5 of Commission Regulation (EC) No 2419/2001Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92 (OJ L 327, 12.12.2001, p. 11). Regulation as amended by Commission Regulation (EC) No 2550/2001 (OJ L 341, 22.12.2001, p. 105)., for rearing animals including areas in shared use and areas which were subject to mixed cultivation. The forage area shall not include: buildings, woods, ponds, paths, areas used for other crops eligible for Community aid or for permanent crops or horticultural crops, areas qualifying for the support system laid down for the producers of certain arable crops, used for the aid scheme for dried fodder or subject to a national or Community set-aside scheme. 4. The payment entitlements per hectare shall not be modified save as otherwise provided.
Article 44 Use of payment entitlements 1. Any payment entitlement accompanied by an eligible hectare shall give right to the payment of the amount fixed by the payment entitlement. 2. "Eligible hectare" shall mean any agricultural area of the holding taken up by arable land and permanent pasture except areas under permanent crops, forests or used for non agricultural activities. "Eligible hectare" shall also mean one of the following: (a)areas planted with hops or being under a temporary resting obligation; (b)areas under olive trees; (c)areas planted with bananas; (d)areas with permanent fruit and vegetables crops; (e)nurseries. 3. The farmer shall declare the parcels corresponding to the eligible hectare accompanying any payment entitlement. Except in case of force majeure or exceptional circumstances, these parcels shall be at the farmer’s disposal on the date fixed by the Member State which shall be no later than the date fixed in that Member State for amendment of the aid application. 4. Member States may, in duly justified circumstances, authorise the farmer to modify his declaration on condition that he respects the number of hectares corresponding to his payment entitlements and the conditions for granting the single payment for the area concerned.
Article 45 Unused payment entitlements 1. Any payment entitlement which has not been used for a period of 3 years shall be allocated to the national reserve. 2. However, unused payment entitlements shall not revert to the national reserve in case of force majeure and exceptional circumstances within the meaning of Article 40(4). 3. However, for 2007, in Member States that have not made use of the option in Article 71 and that are not making use of the option set out in the second subparagraph of Article 51, unused payment entitlements corresponding to an equivalent number of hectares declared by the farmer and used for ware potatoes or for fruit and vegetables shall not revert to the national reserve.
Article 46 Transfer of payment entitlements 1. Payment entitlements may only be transferred to another farmer established within the same Member State except in case of transfer by actual or anticipated inheritance. However, even in the case of actual or anticipated inheritance, payment entitlements may only be used in the Member State where the payment entitlements were established. A Member State may decide that payment entitlements may only be transferred or used within one and the same region. 2. Payment entitlements may be transferred by sale or any other definitive transfer with or without land. In contrast, lease or similar types of transactions shall be allowed only if the payment entitlements transferred are accompanied by the transfer of an equivalent number of eligible hectares. Except in case of force majeure or exceptional circumstances as referred to in Article 40(4), a farmer may transfer his payment entitlements without land only after he has used, within the meaning of Article 44, at least 80 % of his payment entitlements during at least one calendar year or, after he has given up voluntarily to the national reserve all the payment entitlements he has not used in the first year of application of the single payment scheme. 3. In case of sale of payment entitlements, with or without land, Member States may, acting in compliance with the general principles of Community law, decide that part of the payment entitlements sold revert to the national reserve or that their unit value is reduced in favour of the national reserve, according to criteria to be fixed by the Commission in accordance with the procedure referred to in Article 144(2).
Section 2 Payment entitlements subject to special conditions
Article 47 Payments giving right to payment entitlements subject to special conditions 1. By way of derogation from Articles 43 and 44, the following amounts resulting from payments granted in the reference period shall be included in the reference amount under the conditions provided for in Article 48 and point C of Annex VII: (a)the deseasonalisation premium provided for in Article 5 of Regulation (EC) No 1254/1999; (b)the slaughter premium provided for in Article 11 of Regulation (EC) No 1254/1999; (c)the special premium for male bovine animals and the suckler cow premium, where the farmer was exempted from the stocking rate requirement pursuant to Article 12(1) of Regulation (EC) No 1254/1999, provided that the farmer did not apply for the extensification payment provided for in Article 13 of that Regulation; (d)additional payments provided for in Article 14 of Regulation (EC) No 1254/1999 where paid in addition to aid provided for under (a), (b) and (c) of this paragraph; (e)the aids provided for under the sheep and goats aid scheme: in the calendar years 2000 and 2001, in Article 5 of Regulation (EC) No 2467/98 and in Article 1 of Regulation (EEC) No 1323/90OJ L 132, 23.5.1990, p. 17. Regulation repealed by Regulation (EC) No 2529/2001 (OJ 341, 22.12.2001, p. 3)., in the calendar year 2002, in Articles 4, 5 and 11(1) and in the first, second and fourth indent of Article 11(2) of Regulation (EC) No 2529/2001. 2. Starting from 2007 and by way of derogation from Articles 33, 43 and 44, the amounts resulting from dairy premium and additional payments, provided for in Articles 95 and 96 and to be granted in 2007 shall be included in the single payment scheme under the conditions provided for in Articles 48 to 50.
Article 48 Determination of the payment entitlements subject to special conditions When farmer was granted payments referred to in Article 47, but had no hectares as referred to in Article 43 in the reference period, or the entitlement per hectare results in an amount higher than EUR 5000, the farmer shall have right, respectively, to a payment entitlement: (a)equal to the reference amount corresponding to the direct payments he was granted in the three-year average period; (b)for each EUR 5000 or fraction of the reference amount corresponding to the direct payments he was granted in the three-year average period.
Article 49 Conditions 1. Save as otherwise provided for in this section, the other provisions of this Title shall apply to the payment entitlements subject to special conditions. 2. By way of derogation from Articles 36(1) and 44(1), a farmer who has such payment entitlements for which he did not have hectares in the reference period, shall be authorised by the Member State to derogate from the obligation to provide a number of eligible hectares equivalent to the number of entitlements on the condition he maintains at least 50 % of the agricultural activity exercised in the reference period expressed in livestock units (LU). In case of a transfer of the payment entitlements, the transferee may benefit from this derogation only if all the payment entitlements subject to the derogation are transferred. 3. The payment entitlements determined according to Article 48 shall not be modified.
Article 50 Dairy premium and additional payments 1. Without prejudice to Article 48 and by way of derogation from Articles 37 and 43, a farmer shall receive a supplementary amount per entitlement resulting by dividing the amounts to be granted under Articles 95 and 96 by the number of entitlements he owns in 2007 except set-aside entitlements. The unit value of each payment entitlement he owns in 2007 shall be increased by this supplementary amount. 2. In cases where he does not own any entitlement, Articles 48 and 49 shall apply mutatis mutandis. In this case, for the purpose of applying Article 48, the term "hectares" shall mean the eligible hectares the farmer owns in 2007.
CHAPTER 4 LAND USE UNDER THE SINGLE PAYMENT SCHEME Section 1 Use of the land
Article 51 Agricultural use of the land Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural activity except for permanent crops. However, farmers may use the parcels for the following: (a)hops; (b)olive trees; (c)bananas; (d)permanent fruit and vegetable crops; (e)nurseries.By way of derogation from the first subparagraph, a Member State may decide, by 1 November 2007, that until a date to be fixed by the Member State but no later than 31 December 2010, the parcels in one or more regions of the Member State may continue not to be used for: (a)the production of one or more of the products referred to in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96. However in this case, Member States may decide to allow secondary crops to be cultivated on the eligible hectares during a maximum period of three months starting each year on 15 August; however, at the request of a Member State, this date may be modified in accordance with the procedure referred to in Article 144(2) for regions where cereals are normally harvested earlier for climatic reasons; and/or (b)the production of ware potatoes; and/or (c)nurseries.
Article 52 Production of hemp 1. In case of production of hemp, the varieties used shall have a tetrahydrocannabinol content not exceeding 0,2 %. Member States shall establish a system for verifying the tetrahydrocannabinol content of the crops grown on at least 30 % of the areas on hemp. However, if a Member State introduces a system of prior approval for such cultivation, the minimum shall be 20 %. 2. In accordance with the procedure referred to in Article 144(2), the granting of payments shall be made subject to the use of certified seeds of certain varieties.
Section 2 Set-aside entitlements
Article 53 Determination of the set-aside entitlements 1. By way of derogation from Articles 37 and 43 of this Regulation, where in the reference period a farmer was subject to the obligation to set aside part of the land of his holding pursuant to Article 6(1) of Regulation (EC) No 1251/1999, the three-year average amount corresponding to the compulsory set-aside payment calculated and adjusted according to Annex VII and the three-year average number of compulsory set-aside hectares shall not be included in the determination of the entitlements referred to in Article 43 of this Regulation. 2. In the case referred to in paragraph 1, the farmer shall receive an entitlement per hectare (hereinafter referred to as "set-aside entitlement") which is calculated by dividing the three-year set-aside average amount by the three-year average number of hectares set-aside, as referred to in paragraph 1. The total number of set-aside entitlements shall be equal to the average number of compulsory set-aside hectares.
Article 54 Use of set-aside entitlements 1. Any set-aside entitlement accompanied by a hectare eligible for set-aside entitlement shall give right to the payment of the amount fixed by the set-aside entitlement. 2. By way of derogation from Article 44(2), "hectare eligible for set-aside entitlement" shall mean any agricultural area of the holding taken up by arable land, except areas which at the date provided for the area aid applications for 2003 were under permanent crops, forests or used for non agricultural activities or under permanent pasture.For the new Member States, the reference to the date provided for the area aid applications for 2003 shall be construed as a reference to 30 June 2003.However, for Bulgaria and Romania, the date provided for the area aid applications shall be 30 June 2005. However, the following areas may be counted as being set aside, as a result of an application made after 28 June 1995: areas set aside pursuant to Articles 22 to 24 of Regulation (EC) No 1257/1999, which are neither put to any agricultural use nor used for any lucrative purposes other than those accepted for other land set aside under this Regulation, or areas afforested pursuant to Article 31 of Regulation (EC) No 1257/1999. 3. Farmers shall set aside from production the hectares eligible for set-aside entitlements. 4. Set aside areas shall not be less than 0,1 ha in size and 10 metres wide. For duly justified environmental reasons, Member States may accept areas at least 5 metres wide and 0,05 ha in size. 5. Member States may, on terms to be determined in accordance with the procedure referred to in Article 144(2), derogate from first subparagraph of paragraph 2 of this Article, provided that they take action to prevent any significant increase in the total agricultural area eligible to set-aside entitlements. 6. By way of derogation from Articles 36(1) and 44(1), set-aside entitlements shall be claimed before any other entitlement. 7. The set aside obligation shall continue to apply in respect of the set-aside entitlements which are transferred.
Article 55 Exemption from set-aside A farmer shall not be subject to the obligation referred to in Article 54 if: (a)his entire holding is managed for the totality of its production in compliance with the obligations laid down in Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffsOJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).; (b)the land set-aside is used for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption, provided that effective control systems are applied.
Article 56 Use of the set aside land 1. The land set aside shall be maintained in good agricultural and environmental condition as established under Article 5. Without prejudice to Article 55, it shall not be used for agricultural purposes and shall not produce any crop for commercial purposes. 2. It may be subject to rotation. 3. If the quantity of by-products for feed or food uses likely to be made available as a result of the cultivation of oilseeds on land set-aside under Article 55(b), will, on the basis of the forecast quantities covered by contracts made with farmers, exceed 1 million tonnes annually expressed in soya bean meal equivalents, in order to limit such quantity to 1 million tonnes, the amount of the forecast quantity under each contract, which may be used of feed or food uses, shall be reduced. 4. Member States shall be authorised to pay national aid up to 50 % of the costs associated with establishing permanent crops intended for bio-mass production on set-aside land.
Article 57 Application of other provisions Save as otherwise provided for in this section, the other provisions of this Title shall apply to the set-aside entitlements.
CHAPTER 5 REGIONAL AND OPTIONAL IMPLEMENTATION Section 1 Regional implementation
Article 58 Regional allocation of the ceiling referred to in Article 41 1. A Member State may decide, by 1 August 2004 at the latest, to apply the single payment scheme provided for in Chapters 1 to 4 at regional level under the conditions laid down in this Section. 2. Member States shall define the regions according to objective criteria. Member States with less than three million eligible hectares may be considered as one single region. 3. The Member State shall subdivide the ceiling referred to in Article 41 between the regions according to objective criteria.
Article 59 Regionalisation of the single payment scheme 1. In duly justified cases and according to objective criteria the Member State may divide the total amount of the regional ceiling established under Article 58 or part of it between all the farmers whose holdings are located in the region concerned, including those who do not meet the eligibility criterion referred to in Article 33. 2. In this case of division of the total amount of the regional ceiling, farmers shall receive entitlements, whose unit value is calculated by dividing the regional ceiling established under Article 58 by the number of eligible hectares, within the meaning of Article 44(2), established at regional level. 3. In case of partial division of the total amount of the regional ceiling, farmers shall receive entitlements whose unit value is calculated by dividing the corresponding part of the regional ceiling established under Article 58 by the number of eligible hectares, within the meaning of Article 44(2), established at regional level. In case the farmer is also entitled to receive entitlements calculated on the remaining part of the regional ceiling, the regional unit value of each of his entitlements, except for set-aside entitlements, shall be increased by an amount corresponding to the reference amount divided by the number his entitlements established in accordance with paragraph 4. Articles 48 and 49 shall apply mutatis mutandis. 4. The number of entitlements per farmer shall be equal to the number of hectares he declares in accordance with Article 44(2) the first year of application of the single payment scheme, except in case of force majeure or exceptional circumstances within the meaning of Article 40(4).
Article 60 Use of the land 1. Where a Member State makes use of the option provided for in Article 59, farmers may, by way of derogation from Article 51(b) and (c) and in accordance with this Article, also use the parcels declared in accordance with Article 44(3) for the production of products referred to in Article 1(2) of Regulation (EC) No 2200/96 or in Article 1(2) of Regulation (EC) No 2201/96 and of potatoes other than those intended for the manufacture of potato starch for which aid is granted under Article 93 of this Regulation, except crops referred to in Article 51(a). 2. The Member State shall establish the number of hectares that may be used according to paragraph 1 of this Article by subdividing, according to objective criteria, the average of the number of hectares that were used for the production of the products referred to in paragraph 1 at national level during the three-year period 2000-2002 amongst the regions defined pursuant to Article 58(2). The average number of hectares at national level and the number of hectares at regional level shall be fixed by the Commission in accordance with the procedure referred to in Article 144(2) on the basis of the data communicated by the Member State. 3. Within the limit established according to paragraph 2 for the region concerned, a farmer shall be allowed to make use of the option referred to in paragraph 1: (a)within the limit of the number of hectares that he used for the production of the products referred to in paragraph 1 in 2003; (b)in case of application, mutatis mutandis, of Articles 40 and 42(4), within the limit of a number of hectares to be established according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. 4. Within the limit of the number of hectares that remain available after application of paragraph 3, farmers shall be allowed to produce the products referred to in paragraph 1 on a number of hectares other than the number of hectares falling under paragraph 3 within the limit of a number of hectares used for the production of the products referred to in paragraph 1 in 2004 and/or 2005, whereby priority shall be given to the farmers who produced the products already in 2004 within the limit of the number of hectares used in 2004. In case of application of Article 71, 2004 and 2005 shall be replaced by, respectively, the year previous to the year of application of the single payment scheme and the year of application itself. 5. In order to establish the individual limits referred to in paragraphs 3 and 4, the Members State shall use the farmer's individual data, where available, or any other evidence at its satisfaction provided by the farmer. 6. The number of hectares for which the authorisation has been established according to paragraphs 3 and 4 of this Article, shall in no case exceed the number of eligible hectares as defined in Article 44(2) declared in the first year of application of the single payment scheme. 7. The authorisation shall be used, within the region concerned, with the corresponding payment entitlement. 8. Where a Member State decides to use the derogation in the second subparagraph of Article 51, it may also decide, by 1 November 2007, to apply paragraphs 1 to 7 of this Article for the same period. Paragraphs 1 to 7 of this Article shall not apply in any other case.
Article 61 Grassland In case of application of Article 59, Member States may also, according to objective criteria, fix, within the regional ceiling or part of it, different per unit values of entitlements to be allocated to farmers referred to in Article 59(1), for hectares under grassland at the date provided for the area aid applications for 2003 and for any other eligible hectare or alternatively for hectares under permanent pasture at the date provided for the area aid applications for 2003 and for any other eligible hectare.
Article 62 Dairy premium and additional payments By way of derogation from Article 47(2), Member State may decide that the amounts resulting from dairy premiums and additional payments, provided for in Articles 95 and 96, shall be included at national or regional level, in part or in full, in the single payment scheme starting from 2005. Entitlements established under this paragraph shall be modified accordingly. The reference amount for those payments shall be equal to the amounts to be granted according to Articles 95 and 96 calculated on the basis of the individual reference quantity for milk available on the holding on 31 March of the year of inclusion, in part or in full, of those payments in the single payment scheme. Articles 48 to 50 shall apply mutatis mutandis.
Article 63 Conditions for the entitlements established under this section 1. In case of application of Article 59, entitlements established under this section may only be transferred or used within the same region or between regions where the entitlements per hectare are the same. 2. In case of application of Article 59, by way of derogation from Article 53, any farmer in the region concerned shall receive set-aside entitlements. The number of set-aside entitlements is established by multiplying a farmer's eligible land within the meaning of Article 54(2) declared in the first year of application of the single payment scheme with a set-aside rate. The set aside rate is calculated by multiplying the basic rate of compulsory set-aside of 10 % by the proportion, in the region concerned, between the land for which arable crops area payments referred to in Annex VI have been granted in the reference period and the eligible land within the meaning of Article 54(2) in the reference period. The value of the set-aside entitlements shall be the regional value for payment entitlements as established according to Article 59(2) or, as the case may be, Article 59(3) first subparagraph. Those farmers shall not receive set-aside entitlements who declare less than a number of hectares within the meaning of Article 54(2) which would be needed to produce a number of tonnes equal to 92 tonnes of cereals as defined in Annex IX on the basis of the yields determined according to the regionalisation plan applicable in the region concerned in the year before the year of application of the single payment scheme divided by the proportion referred to in the third subparagraph of paragraph 2 of this Article. 3. By way of derogation from Articles 43(4) and 49(3), Member States may also decide, by 1 August 2004 at the latest, and acting in compliance with the general principles of Community law, that entitlements established under this section shall be subject to progressive modifications according to pre-established steps and objective criteria. However, with regard to the inclusion of the sugar beet, cane and chicory payments component in the single payment scheme, Members States may decide by 30 April 2006, to apply the derogation provided for in the first subparagraph. With regard to the inclusion of the fruit and vegetables, ware potatoes and nurseries payments component in the single payment scheme, Members States may decide, by 1 April 2008, to apply the derogation provided for in the first subparagraph. 4. Save as otherwise provided for in this Section, the other provisions of this Title shall apply.
Section 2 Partial implementation
Article 64 General provisions 1. A Member State may decide, by 1 August 2004 at the latest, to apply, at national or regional level, the single payment scheme provided for in Chapters 1 to 4 under the conditions laid down in this Section. 2. According to the choice made by each Member State, the Commission shall fix, in accordance with the procedure referred to in Article 144(2), a ceiling for each of the direct payments provided for in Articles 66 to 69. This ceiling shall be equal to the component of each type of direct payment in the national ceilings referred to in Article 41, multiplied by the percentages of reduction applied by Member States in accordance with Articles 66 to 69. The total amount of the fixed ceilings shall be deducted from the national ceilings referred to in Article 41 in accordance with the procedure referred to in Article 144(2). 3. By at the latest two years after the implementation of the single payment scheme by all Member States or at the latest by 31 December 2009, the Commission shall submit a report to the Council, accompanied, if necessary, by appropriate proposals, on the possible consequences, in terms of market and structural developments, of the implementation by Member States of the options provided for in Sections 2 and 3.
Article 65 Establishment of the entitlements under this section 1. For the entitlements to be allocated to farmers, after any possible reduction under Article 41, the component of the reference amount which results from each of the direct payments provided for in Articles 66 to 69 shall be reduced by the percentage to be fixed by Member States within the limit fixed in those Articles, and, for direct payments provided for in Article 68b, within the period fixed by Member States in accordance with that Article. 2. Save as otherwise provided for in this Section, the other provisions of this Title shall apply to the entitlements established on the remaining part of the reference amount.
Article 66 Arable crops payments In case of arable crops payments, Member States may: (a)retain up to 25 % of the component of national ceilings referred to in Article 41 corresponding to the arable crops area payments referred to in Annex VI, except compulsory set-aside payment. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted to farmers producing arable crops listed in Annex IX and, in Member States where maize is not a traditional crop, grass silage on a per hectare basis, at a maximum level up to 25 % of the per hectare payments referred to in Annex VI to be granted under the conditions provided for in Chapter 10 of Title IV.or, alternatively (b)retain up to 40 % of the component of national ceilings referred to in Article 41 corresponding to the durum wheat supplement payment referred to in Annex VI. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted to farmers producing durum wheat listed in Annex IX on a per hectare basis, at a maximum level up to 40 % of per hectare supplement payment for durum wheat referred to in Annex VI granted or to be granted under conditions provided for in Chapter 10 of Title IV.
Article 67 Sheep and goat payments Member States may retain up to 50 % of the component of national ceilings referred to in Article 41 corresponding to the sheep and goat payments listed in Annex VI. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers. The additional payment shall be granted to farmers rearing sheep and goats, at a maximum level up to 50 % of sheep and goat payments listed in Annex VI to be granted under conditions provided for in Chapter 11 of Title IV.
Article 68 Beef and veal payments 1. In case of beef and veal payments, Member States may retain up to 100 % of the component of national ceilings referred to in Article 41 corresponding to the slaughtering premium referred to in Annex VI for calves. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers. The additional payment shall be granted on slaughtering of calves at a maximum level up to 100 % of the slaughtering premium for calves referred to in Annex VI to be granted under conditions provided for in Chapter 12 of Title IV. 2. Member States may also: (a) (i)retain up to 100 % of the component of national ceilings referred to in Article 41 corresponding to the suckler cow premium referred to in Annex VI. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted for maintaining suckler cows, at a maximum level up to 100 % of suckler cow premium referred to in Annex VI to be granted under conditions provided for in Chapter 12 of Title IV;and (ii)retain up to 40 % of the component of national ceilings referred to in Article 41 corresponding to the slaughter premium referred to in Annex VI for bovine animals other than for calves. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted on slaughtering of bovine animals other than calves at a maximum level up to 40 % of the slaughtering premium referred to in Annex VI for bovine animals other than for calves to be granted under conditions provided for in Chapter 12 of Title IV;or alternatively, (b) (i)retain up to 100 % of the component of national ceilings referred to in Article 41 corresponding to the slaughter premium referred to in Annex VI for bovine animals other than for calves. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted on slaughtering of bovine animals other than for calves at a maximum level up to 100 % of the slaughtering premium referred to in Annex VI for bovine animals other than for calves to be granted under conditions provided for in Chapter 12 of Title IV;or, alternatively, (ii)retain up to 75 % of the component of national ceilings referred to in Article 41 corresponding to the special male premium referred to in Annex VI. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted at a maximum level up to 75 % of the special male premium referred to in Annex VI to be granted under conditions provided for in Chapter 12 of Title IV.
Article 68a Hops payments In the case of hops payments, Member States may retain up to 25 % of the component of national ceilings referred to in Article 41 corresponding to the hops area payments and the temporary resting aid referred to in Annex VI. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers and/or a payment to producer groups recognised in accordance with Article 7(3) of Regulation (EEC) No 1696/71. The additional payment shall be granted to farmers producing hops on a per hectare basis, at a maximum level of 25 % of the per hectare payments referred to in Annex VI to be granted under the conditions provided for in Chapter 10d of Title IV. The payment to recognised producer groups shall be granted to finance the activities referred to in Article 7(1)(a) to (d) of Regulation (EEC) No 1696/71.
Article 68b Transitional fruit and vegetables payments 1. Member States may decide, by 1 November 2007, to retain, until 31 December 2011, up to 50 % of the component of national ceilings referred to in Article 41 corresponding to certain tomatoes which are supplied for processing and were eligible under the aid scheme set out in Regulation (EC) No 2201/96.In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted to farmers producing such tomatoes under the conditions provided for in Chapter 10g of Title IV. 2. Member States may decide, by 1 November 2007, to retain: (a)until 31 December 2010, up to 100 % of the component of national ceilings referred to in Article 41 corresponding to certain fruit and vegetable crops other than annual crops listed in the third subparagraph of this paragraph which are supplied for processing and were eligible under the aid schemes set out in Regulations (EC) No 2201/96 and (EC) No 2202/96; and (b)from 1 January 2011 to 31 December 2012, up to 75 % of the component of national ceilings referred to in Article 41 corresponding to certain fruit and vegetable crops other than annual crops listed in the third subparagraph of this paragraph which are supplied for processing and were eligible under the aid schemes set out in Regulations (EC) No 2201/96 and (EC) No 2202/96.In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted to farmers producing one or more of the following fruit and vegetables which are supplied for processing and were eligible under the aid schemes set out in Regulations (EC) No 2201/96 and (EC) No 2202/96, as determined by the Member State concerned, under the conditions provided for in Chapter 10g of Title IV: (a)fresh figs; (b)fresh citrus fruits; (c)table grapes; (d)pears; (e)peaches and nectarines; and (f)certain types of plums derived from "d’Ente" plums. 3. The component of national ceilings referred to in paragraph 1 corresponding to tomatoes shall be as follows:
Member State Amount(EUR million per calendar year)
Bulgaria 5,394
Czech Republic 0,414
Greece 35,733
Spain 56,233
France 8,033
Italy 183,967
Cyprus 0,274
Malta 0,932
Hungary 4,512
Romania 1,738
Poland 6,715
Portugal 33,333
Slovakia 1,018
4. The component of national ceilings referred to in paragraph 2 corresponding to fruit and vegetable crops other than annual crops shall be as follows:
Member State Amount(EUR million per calendar year)
Bulgaria 0,851
Czech Republic 0,063
Greece 153,833
Spain 110,633
France 44,033
Italy 131,700
Cyprus In 2008: 4,793In 2009: 4,856In 2010: 4,919In 2011: 4,982In 2012: 5,045
Hungary 0,244
Romania 0,025
Portugal 2,900
Slovakia 0,007
Article 69 Optional implementation for specific types of farming and quality production Member States may retain up to 10 % of the component of national ceilings referred to in Article 41 corresponding to each sector referred to in Annex VI. In the case of the arable crops, beef and veal and sheep and goat sectors, this retention shall be taken into account for the purpose of application of the maximum percentages fixed, respectively, in Articles 66, 67 and 68. In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers in the sector or sectors concerned by the retention. The additional payment shall be granted for specific types of farming which are important for the protection or enhancement of the environment or for improving the quality and marketing of agricultural products under conditions to be defined by the Commission in accordance with the procedure referred to in Article 144(2).
Section 3 Optional exclusions
Article 70 Optional exclusion of some direct payments 1. A Member State may decide, by 1 August 2004 at the latest, to exclude from the single payment scheme: (a)one or more of the direct payments granted in the reference period under: Article 4(4) of Regulation (EC) No 1251/1999, Article 3 of Regulation (EC) No 2358/71.In this case, Articles 64 and 65 shall apply mutatis mutandis; (b)all other direct payments listed in Annex VI granted to farmers in the reference period in the French Overseas Departments, the Azores and Madeira, the Canary Islands and the Aegean Islands. 2. Member States shall grant the direct payments referred to in paragraph 1 within the limit of the ceilings fixed in accordance with Article 64(2), under the conditions established in Title IV, Chapters 3, 6 and 7 to 13. The total amount of the fixed ceilings shall be deducted from the national ceilings referred to in Article 41 in accordance with the procedure referred to in Article 144(2).
Section 4 Optional transition
Article 71 Optional transitional period 1. Where specific agricultural conditions so warrant, a Member State may decide, by 1 August 2004 at the latest, to apply the single payment scheme after a transitional period which shall expire either on 31 December 2005 or on 31 December 2006. In the case where the Member State concerned decides to apply the single payment scheme before the end of the transitional period, it shall decide by 1 August at the latest of the calendar year preceding the calendar year in respect of which the single payment scheme will apply. For hops, the transitional period referred to in the first subparagraph shall expire on 31 December 2005. The transitional period referred to in the first subparagraph shall not apply in respect of cotton, olive oil and table olives and tobacco. 2. Without prejudice to Article 70(2), in the transitional period the Member State concerned shall apply each of the direct payments referred to in Annex VI under the conditions established in Title IV, Chapters 3, 6 and 7 to 13 within the limit of budgetary ceilings corresponding to the component of these direct payments in the national ceiling referred to in Article 41, fixed in accordance with the procedure referred to in Article 144(2). In the case of dried fodder payment, Member States shall grant an aid under conditions to be defined in accordance with the procedure referred to in Article 144(2), within the aforementioned budgetary limits. 3. The single payment scheme shall apply on 1 January of the calendar year following the calendar year of expiry of the transitional period. In this case, the Member State concerned shall take the decisions referred to in Articles 58(1), 63(3), 64(1) and 70 by 1 August 2005 or alternatively 2006 according to the deadline decided under paragraph 1 of this Article. 4. The Commission in accordance with the procedure referred to in Article 144(2) shall take the necessary measures in case the application of this transitional period causes severe distortion of competition in the Community market and in order to ensure the respect of the Community international obligations.
CHAPTER 6 IMPLEMENTATION IN THE NEW MEMBER STATES
Article 71a 1. Save as otherwise provided for in this Chapter, the provisions of this Title shall apply to the new Member States. Articles 33, 34, 37, 38, 39, 40(1), (2), (3) and (5), 41, 42, 43, 47 to 50, 53 and 58 to 63 shall not apply. 2. Any new Member State applying the single area payment scheme shall take the decisions referred to in Articles 64(1) and 71(1) by 1 August of the year preceding that in respect of which it will apply the single payment scheme for the first time. 3. Any new Member State having applied the single area payment scheme may provide that, in addition to the eligibility conditions established in Article 44(2), "eligible hectare" shall mean any agricultural area of the holding which has been maintained in good agricultural condition at 30 June 2003, whether in production or not at that date. Any new Member State having applied the single area payment scheme may also provide that the minimum size of eligible area per holding for which payment entitlements shall be established and for which payments shall be granted shall be the minimum size of eligible area of the holding fixed in accordance with the second subparagraph of Article 143b(5).
Article 71b Application for support 1. Farmers shall apply for support under the single payment scheme by a date, to be fixed by the new Member States, but not later than 15 May. 2. Except in case of force majeure and exceptional circumstances within the meaning of Article 40(4), no entitlements shall be allocated to farmers if they do not apply for the single payment scheme by 15 May of the first year of application of the single payment scheme. 3. The amounts corresponding to entitlements not allocated shall revert to the national reserve referred to in Article 71d and shall be available for reallocation.
Article 71c Ceiling The national ceilings of the new Member States shall be those listed in Annex VIIIa. Except for the dried fodder, sugar and chicory components thereof, the ceilings shall be calculated taking account of the schedule of increments provided for in Article 143a, and therefore do not need to be reduced. In the case of Bulgaria and Romania, the schedule of increments provided for under Article 143a shall apply for sugar and chicory. Article 41(1a) shall apply mutatis mutandis.
Article 71d National reserve 1. Each new Member State shall proceed to a linear percentage reduction of its national ceiling in order to constitute a national reserve. This reduction shall not be greater than 3 %, without prejudice to the application of Article 71b(3). However, it may exceed 3 % provided that a greater reduction is necessary for the application of paragraph 3 of this Article. 2. The new Member States shall use the national reserve for the purpose of allocating, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements to farmers finding themselves in a special situation, to be defined by the Commission in accordance with the procedure referred to in Article 144(2). 3. During the first year of application of the single payment scheme, the new Member States may use the national reserve for the purpose of allocating payment entitlements, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, to farmers in specific sectors, finding themselves in a special situation as a result of the transition to the single payment scheme. Such payment entitlements shall be distributed according to rules to be defined by the Commission in accordance with the procedure referred to in Article 144(2). 4. In application of paragraphs 2 and 3, new Member States may increase the unit value of entitlements within the limit of EUR 5000, and/or the number of entitlements allocated to farmers. 5. The new Member States shall proceed to linear reductions of the entitlements where their national reserve is not sufficient to cover the cases referred to in paragraphs 2 and 3. 6. Except in the case of a transfer by actual or anticipated inheritance, of mergers and scissions and of the application of paragraph 3, and by way of derogation from Article 46, the entitlements established using the national reserve shall not be transferred for a period of five years starting from their allocation. In the case of a merger or scission, the farmer(s) managing the new holding(s) shall keep the entitlements which were originally allocated from the national reserve for the remaining part of the five-year period. By way of derogation from Article 45(1), any entitlement which has not been used during each year of the five-year period shall revert immediately to the national reserve. 7. New Member States may use the national reserve for the purpose of establishing, according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, reference amounts for farmers in areas subject to restructuring and/or development programmes relating to one or the other form of public intervention in order to avoid abandoning of land and/or in order to compensate specific disadvantages for farmers in those areas.
Article 71e Regional allocation of the ceiling referred to in Article 71c 1. The new Member States shall apply the single payment scheme at regional level. 2. The new Member States shall define the regions according to objective criteria. New Member States with less than three million eligible hectares may be considered as one single region. However, new Member States having applied the single area payment scheme may be considered as one single region. 3. Each new Member State shall subdivide its national ceiling referred to in Article 71c after any reduction according to Article 71d between the regions according to objective criteria.
Article 71f Regionalisation of the single payment scheme 1. All farmers whose holdings are located in a given region shall receive entitlements, whose unit value is calculated by dividing the regional ceiling established pursuant to Article 71e by the number of eligible hectares within the meaning of Article 44(2), established at regional level. 2. The number of entitlements per farmer shall be equal to the number of hectares he/she declares in accordance with Article 44(2) for the first year of application of the single payment scheme, except in case of force majeure or exceptional circumstances within the meaning of Article 40(4). 3. The payment entitlements per hectare shall not be modified save as otherwise provided.
Article 71g Use of the land 1. Farmers may, by way of derogation from Article 51(b) and (c) and in accordance with this Article, also use the parcels declared in accordance with Article 44(3) for the production of products referred to in Article 1(2) of Regulation (EC) No 2200/96 or in Article 1(2) of Regulation (EC) No 2201/96 and of potatoes other than those intended for the manufacture of potato starch for which aid is granted under Article 93 of this Regulation, except crops referred to in Article 51(a). 2. The new Member States shall establish the number of hectares that may be used according to paragraph 1 by subdividing, according to objective criteria, the average of the number of hectares that were used for the production of the products referred to in paragraph 1 at national level during the three-year period 2000 to 2002 amongst the regions defined pursuant to Article 71e(2). The average number of hectares at national level and the number of hectares at regional level shall be fixed by the Commission in accordance with the procedure referred to in Article 144(2) on the basis of the data communicated by the new Member State. 3. Within the limit established according to paragraph 2 for the region concerned, a farmer shall be allowed to make use of the option referred to in paragraph 1: (a)within the limit of the number of hectares that he/she used for the production of the products referred to in paragraph 1 in 2003; (b)by way of derogation from Article 71a(1), second subparagraph, in case of application, mutatis mutandis, of Articles 40 and 42(4), within the limit of a number of hectares to be established according to objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. 4. Within the limit of the number of hectares that remain available after application of paragraph 3, farmers shall be allowed to produce the products referred to in paragraph 1 on a number of hectares other than the number of hectares falling under paragraph 3 within the limit of a number of hectares used for the production of the products referred to in paragraph 1 in 2004 and/or 2005, whereby priority shall be given to the farmers who produced the products already in 2004 within the limit of the number of hectares used in 2004. In case of application of Article 71 or Article 143b, 2004 and 2005 shall be replaced by, respectively, the year previous to the year of application of the single payment scheme and the year of application itself. 5. In order to establish the individual limits referred to in paragraphs 3 and 4, new Members States shall use the farmer's individual data, where available, or any other evidence provided by the farmer to their satisfaction. 6. The number of hectares for which the authorisation has been established according to paragraphs 3 and 4 shall in no case exceed the number of eligible hectares as defined in Article 44(2) declared in the first year of application of the single payment scheme. 7. The authorisation shall be used, within the region concerned, with the corresponding payment entitlement. 8. The report referred to in Article 60 shall also concern implementation by the new Member States. 9. For Bulgaria and Romania: (a)the three-year reference period referred to in paragraph 2 shall be 2002 to 2004; (b)the year referred to in paragraph 3(a) shall be 2004; (c)in the first subparagraph of paragraph 4, the reference to 2004 and/or 2005 shall be 2005 and/or 2006, and the references to 2004 shall be to 2005.
Article 71h Grassland The new Member States may also, according to objective criteria, fix, within the regional ceiling or part of it, different per unit values of entitlements to be allocated to farmers referred to in Article 71f(1), for hectares of grassland as identified on 30 June 2006 and for any other eligible hectare or alternatively for hectares of permanent pasture as identified on 30 June 2006 and for any other eligible hectare. However for Bulgaria and Romania the date for identification shall be 1 January 2008.
Article 71i Dairy premium and additional payments Starting from 2007, the amounts resulting from dairy premium and additional payments provided for in Articles 95 and 96 and to be granted in 2007 shall be included in the single payment scheme. However, new Member States may decide that the amounts resulting from dairy premiums and additional payments, provided for in Articles 95 and 96, shall be included, in part or in full, in the single payment scheme starting from 2005. Entitlements established according to this paragraph shall be modified accordingly. The amount used for the establishment of entitlements in respect of those payments shall be equal to the amounts to be granted according to Articles 95 and 96, calculated on the basis of the individual reference quantity for milk available on the holding on 31 March of the year of inclusion, in part or in full, of those payments in the single payment scheme. By way of derogation from Article 71a(1), Articles 48, 49 and 50 shall apply mutatis mutandis.
Article 71j Set-aside entitlements 1. Farmers shall receive part of their payment entitlements in the form of set-aside entitlements. 2. The number of set-aside entitlements shall be established by multiplying the farmer's eligible land within the meaning of Article 54(2) declared in the first year of application of the single payment scheme with the applicable set-aside rate. The set-aside rate shall be calculated by multiplying the basic rate of compulsory set-aside of 10 % by the proportion, in the region concerned, between the regional base area or areas referred to in the third paragraph of Article 101 and the eligible land within the meaning of Article 54(2). 3. The value of the set-aside entitlements shall be the regional value for payment entitlements as established according to Article 71f(1). 4. Paragraphs 1 to 3 shall not apply to farmers who declare less than a number of hectares within the meaning of Article 54(2) which would be needed to produce a number of tonnes equal to 92 tonnes of cereals as defined in Annex IX on the basis of the reference yield referred to in Annex XIb applicable to the new Member State where the holding is located, divided by the proportion referred to in the second subparagraph of paragraph 2.
Article 71k Conditions for the entitlements 1. By way of derogation from Article 46(1), entitlements established in accordance with this chapter may only be transferred within the same region or between regions where the entitlements per hectare are the same. 2. New Member States may also decide, by 1 August of the year preceding the first year of application of the single payment scheme at the latest, and acting in compliance with the general principle of Community law, that entitlements established in accordance with this chapter shall be subject to progressive modifications according to pre-established steps and objective criteria. However, with regard to the inclusion of the fruit and vegetables payments component in the single payment scheme, new Members States may decide, by 1 April 2008, or by 1 August of the year preceding the first year of application of the single payment scheme, to apply the derogation provided for in the first subparagraph.
Article 71l Optional implementation 1. Sections 2, 3 and 4 of Chapter 5 shall apply to the new Member States under the conditions laid down in this Article. However, Section 4 shall not apply to new Member States applying the single area payment scheme referred to in Article 143b. 2. Any reference in Sections 2 and 3 of Chapter 5 to Article 41, in particular with regard to the national ceiling(s), shall be construed as a reference to Article 71c. 3. The report referred to in Article 64(3) shall include the options laid down in this chapter.
Article 71m Farmers with no eligible hectares By way of derogation from Articles 36 and 44(2), a farmer who was granted payments referred to in Article 47 or who was acting in a sector referred to in Article 47 and receives payment entitlements in accordance with Article 71d for which he does not have eligible hectares within the meaning of Article 44(2) in the first year of implementation of the single payment scheme, shall be authorised by the Member State to derogate from the obligation to provide a number of eligible hectares equivalent to the number of entitlements on the condition that he maintains at least 50 % of the agricultural activity exercised before the transition to the single payment scheme expressed in livestock units (LU).In the case of a transfer of payment entitlements, the transferee may benefit from this derogation only if all the payment entitlements subject to the derogation are transferred. However, for Malta, the second subparagraph shall not apply and the derogation provided for in the first subparagraph shall apply without the condition that the farmer maintain at least 50 % of the agricultural activity exercised before the transition to the single payment scheme expressed in livestock units.
TITLE IV OTHER AID SCHEMES CHAPTER 1 SPECIFIC QUALITY PREMIUM FOR DURUM WHEAT
Article 72 Scope of application Aid shall be granted to farmers producing durum wheat falling within CN code 10011000, under the conditions laid down in this Chapter.
Article 73 Amount and eligibility 1. The aid shall be EUR 40 per hectare. 2. Granting of payments shall be subject to the use of certain quantities of certified seeds of varieties recognised, in the production zone, as being of high quality for the production of semolina or pasta.
Article 74 Areas 1. The aid shall be granted for national base areas in the traditional production zones listed in Annex X. The base area shall be as follows:
Bulgaria 21800 ha
Greece 617000 ha
Spain 594000 ha
France 208000 ha
Italy 1646000 ha
Cyprus 6183 ha
Hungary 2500 ha
Austria 7000 ha
Portugal 118000 ha
2. A Member State may subdivide its base area into sub-base areas in accordance with objective criteria.
Article 75 Overrun of the area 1. Where the area for which aid is claimed exceeds the base area, the area per farmer for which aid is claimed shall be reduced proportionately in that year. 2. When a Member State subdivides its base area in sub-base areas, the reduction provided for in the paragraph 1 shall apply only to the farmers in sub-base areas where their limit have been exceeded. This reduction shall be made when, in the Member State concerned, the areas in sub-base areas, which have not reached their limits, have been redistributed to sub-base areas in which those limits have been exceeded.
CHAPTER 2 PROTEIN CROP PREMIUM
Article 76 Scope An aid shall be granted to farmers producing protein crops under the conditions laid down in this Chapter. Protein crops shall include: peas falling within CN code 071310, field beans falling within CN code 071350, sweet lupins falling within CN code ex12092950.
Article 77 Amount and eligibility The aid shall be EUR 55,57 per hectare of protein crops harvested after the stage of lactic ripeness. However, crops grown on areas which are fully sown and which are cultivated in accordance with local standards, but which do not attain the stage of lactic ripeness as a result of exceptional weather conditions recognised by the Member State concerned, shall remain eligible for aid provided that the areas in question are not used for any other purpose up to this growing stage.
Article 78 Area 1. A maximum guaranteed area of 1648000 ha for which the aid may be granted is hereby established. 2. Where the area for which aid is claimed exceeds the maximum guaranteed area, the area per farmer for which aid is claimed shall be reduced proportionately in that year in accordance with the procedure referred to in Article 144(2).
CHAPTER 3 CROP SPECIFIC PAYMENT FOR RICE
Article 79 Scope Aid shall be granted to farmers producing rice, falling within CN code100610 under the conditions laid down in this Chapter.
Article 80 Amount and eligibility 1. The aid shall be granted per hectare of land sown under rice and where the crop is maintained until at least the beginning of flowering under normal growth conditions. However, crops grown on areas which are fully sown and which are cultivated in accordance with local standards, but which do not attain the stage of flowering as a result of exceptional weather conditions recognised by the Member State concerned, shall remain eligible for aid provided that the areas in question are not used for any other purpose up to this growing stage. 2. The aid shall be as follows, according to the yields in the Member States concerned:
Marketing year 2004/2005 and in case of application of Article 71(EUR/ha) Marketing year 2005/2006 and onward(EUR/ha)
Bulgaria 345,225
Greece 1323,96 561,00
Spain 1123,95 476,25
France:
metropolitan territory 971,73 411,75
French Guyana 1329,27 563,25
Italy 1069,08 453,00
Hungary 548,70 232,50
Portugal 1070,85 453,75
Romania 126,075
Article 81 Areas A national base area for each producing Member State is hereby established. However, for France two base areas are established. The base areas shall be as follows:
Bulgaria 4166 ha
Greece 20333 ha
Spain 104973 ha
France: metropolitan territory 19050 ha
French Guyana 4190 ha
Italy 219588 ha
Hungary 3222 ha
Portugal 24667 ha
Romania 500 ha
A Member State may subdivide its base area or areas into sub-base areas in accordance with objective criteria.
Article 82 Overrun of the areas 1. Where in a Member State the area given over to rice in a given year exceeds the base area indicated in Article 81, the area per farmer for which aid is claimed shall be reduced proportionately in that year. 2. When a Member State subdivides its base area or areas in sub-base areas, the reduction provided for in paragraph 1 shall apply only to the farmers in sub-base areas where their limit have been exceeded. This reduction shall be made when, in the Member State concerned, the areas in sub-base areas, which have not reached their limits, have been redistributed to sub-base areas in which those limits have been exceeded.
CHAPTER 4 AREA PAYMENT FOR NUTS
Article 83 Community aid 1. A Community aid shall be granted to farmers producing nuts under the conditions laid down in this Chapter. Nuts shall include: almonds falling within CN codes 080211 and 080212, hazelnuts or filberts falling within CN codes 080221 and 080222, walnuts falling within CN codes 080231 and 080232, pistachios falling within CN codes 080250, locust beans falling within CN codes 12121010. 2. Member States may differentiate the aid in function of the products or by increasing or decreasing the national guaranteed areas (hereinafter referred to as the "NGA") established in Article 84(3). However, in each Member State, the total amount of aid granted in a given year shall not be higher than the ceiling referred to in Article 84(1).
Article 84 Areas 1. A Member State shall grant the Community aid within the limit of a ceiling calculated by multiplying the number of hectares of its NGA as fixed in paragraph 3 by the average amount of EUR 120,75. 2. A maximum guaranteed area of 829229 ha is hereby established. 3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the following NGA:
National Guaranteed Areas (NGA)
Belgium 100 ha
Bulgaria 11984 ha
Germany 1500 ha
Greece 41100 ha
Spain 568200 ha
France 17300 ha
Italy 130100 ha
Cyprus 5100 ha
Luxembourg 100 ha
Hungary 2900 ha
Netherlands 100 ha
Austria 100 ha
Poland 4200 ha
Portugal 41300 ha
Romania 1645 ha
Slovenia 300 ha
Slovakia 3100 ha
United Kingdom 100 ha
4. A Member State may subdivide its NGA into sub-areas in accordance with objective criteria, in particular at regional level or in relation to the production.
Article 85 Overrun of the sub-base areas When a Member State subdivides its NGA in sub-base areas and one or more sub-base areas are exceeded, the area per farmer for which Community aid is claimed shall be reduced proportionately in that year for the farmers in the sub-base areas where their limit have been exceeded. This reduction shall be made when, in the Member State concerned, the areas in sub-base areas, which have not reached their limits, have been redistributed to sub-base areas in which those limits have been exceeded.
Article 86 Conditions for eligibility 1. Payment of the Community aid shall be conditional on, in particular, minimum plot size and tree density. 2. Areas in improvement plans within the meaning of Article 14(b) of Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organisation of the market in fruit and vegetablesOJ L 118, 20.5.1972, p. 1. Regulation as last amended by Commission Regulation (EC) No 1363/95 (OJ L 132, 16.6.1995, p. 8). become eligible for aid under this scheme on 1 January of the year following the year in which the improvement plan expired. 3. Member States may make the granting of Community aid conditional on farmers being members of a producer organisation recognised under Articles 11 or 14 of Regulation (EC) No 2200/96. 4. If the provision of paragraph 3 is applied, Member States may decide that the payment of the aid referred to in paragraph 1 is made to a producer organisation on the behalf of its members. The amount of aid received by the producer organisation shall be paid to its members. However, Member States may authorise a producer organisation, as compensation for the services provided to its members, to operate a deduction on the amount of Community aid up to a maximum of 2 %.
Article 87 National aid 1. Member States may grant national aid, in addition to the Community aid, up to a maximum of EUR 120,75 per hectare per year. 2. The national aid may be paid only for areas receiving Community aid. 3. Member States may make the granting of national aid conditional on farmers being members of a producer organisation recognised under Articles 11 or 14 of Regulation (EC) No 2200/96.
CHAPTER 5 AID FOR ENERGY CROPS
Article 88 Aid An aid of EUR 45 per hectare per year shall be granted for areas sown under energy crops used under the conditions laid down in this Chapter. Energy crops shall mean crops supplied essentially for the production of the following energy products: products considered biofuels listed in Article 2, point 2 of Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transportOJ L 123, 17.5.2003, p. 42., electric and thermal energy produced from biomass. Articles 143a and 143c shall not apply to the aid for energy crops in the Community as constituted on 1 January 2007.
Article 89 Areas 1. A maximum guaranteed area of 2000000 ha for which the aid may be granted is hereby established. 2. Where the area for which aid is claimed exceeds the maximum guaranteed area, the area per farmer for which aid is claimed shall be reduced proportionately in that year in accordance with the procedure referred to in Article 144(2).
Article 90 Conditions for eligibility The aid shall be granted only in respect of areas whose production is covered by a contract between the farmer and the processing industry or by a contract between the farmer and the collector, except in case of processing undertaken by the farmer himself/herself on the holding. Areas which have been subject to an application for energy crops scheme may not be counted as being set aside for the purposes of the set-aside requirement indicated in Article 6(1) of Regulation (EC) No 1251/1999 and in Articles 54(2), 63(2), 71j and 107(1) of this Regulation.
Article 90a National aid Member States shall be authorised to pay national aid up to 50 % of the costs associated with establishing permanent crops for the areas which have been subject to an application for the aid for energy crops.
Article 91 Review of the list of energy crops Products may be added or removed to Article 88 in accordance with the procedure referred to in Article 144(2).
Article 92 Review of energy crops scheme By 31 December 2006, the Commission shall submit a report to the Council on the implementation of the scheme, accompanied, where appropriate, by proposals taking into account the implementation of the EU biofuels initiative.
CHAPTER 6 AID FOR STARCH POTATO
Article 93 Aid Aid shall be established for farmers producing potatoes intended for the manufacture of potato starch. The amount of the payment applies to the quantity of potatoes needed for making one tonne of starch. It shall be: EUR 110,54 for the marketing year 2004/2005 and in case of application of Article 71, EUR 66,32 from the marketing year 2005/2006 onwards. It shall be adjusted according to the starch content of the potatoes.
Article 94 Conditions The aid shall be paid only in respect of the quantity of potatoes covered by a cultivation contract between the potato producer and the starch manufacturer within the limit of the quota allocated to such undertaking, as referred to in Article 2(2) or (4) of Regulation (EC) No 1868/94.
CHAPTER 7 DAIRY PREMIUM AND ADDITIONAL PAYMENT
Article 95 Dairy premium 1. From 2004 to 2007, milk producers shall qualify for a dairy premium. It shall be granted per calendar year, per holding and per tonne of individual reference quantity eligible for premium and available on the holding. 2. Without prejudice to paragraph 3 and to reductions resulting from the application of paragraph 4, the individual reference quantity for milk available on the holding on 31 March of the calendar year concerned, expressed in tonnes, shall be multiplied by: EUR 8,15/t for the calendar year 2004, EUR 16,31/t for the calendar year 2005, EUR 24,49/t for the calendar years 2006 and 2007, andin case of application of Article 70, for the following calendar years. For Poland and Slovenia, the amount per tonne for the dairy premium for 2004 shall be multiplied by the provisional individual reference quantity available on the holding on 1 May 2004. 3. Individual reference quantities which have been the subject of temporary transfers in accordance with Article 6 of Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sectorOJ L 405, 31.12.1992, p. 1. Regulation as last amended by Commission Regulation (EC) No 572/2003 (OJ L 82, 29.3.2003, p. 20). or Article 16 of Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sectorSee page 123 of this Official Journal. on 31 March of the calendar year concerned shall be deemed to be available on the holding of the transferee for that calendar year. 4. For the purpose of applying paragraph 2, where, on 31 March of a calendar year, the sum of all individual reference quantities in a Member State exceeds the sum of the corresponding total quantities of that Member State set out in Annex I of Regulation (EEC) No 3950/92, for the 12-month period 1999/2000, the Member State concerned shall, on the basis of objective criteria, take the necessary steps to reduce accordingly the total amount of individual reference quantities eligible for premium on its territory. However, for Germany and Austria the ceiling fixed on the basis of the reference quantities for the 12-month period of 1999/2000, shall be, respectively, 27863827,288 and 2750389,712 tonnes. For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the total quantities referred to in the first subparagraph are set out in table (f) of Annex I of Council Regulation (EC) No 1788/2003OJ L 270, 21.10.2003, p. 123.. For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the 12 month period referred to in the first subparagraph shall be that of 2004/2005. For Bulgaria and Romania the total quantities referred to in the first subparagraph are set out in table (f) of Annex I of Council Regulation (EC) No 1788/2003 and reviewed in accordance with Article 6(1) sixth subparagraph of Council Regulation (EC) No 1788/2003. For Bulgaria and Romania the 12-month period referred to in the first subparagraph shall be that of 2006/2007.
Article 96 Additional payments 1. From 2004 to 2007, Member States shall, on a yearly basis, make additional payments to producers in their territory totalling the global amounts per year set out in paragraph 2. Such payments shall be made according to objective criteria and in such a way as to ensure equal treatment between producers and to avoid market and competition distortions. Moreover, such payments shall not be linked to fluctuations of market prices. Premium supplements shall only be granted as a supplementary amount per premium amount as set out in Article 95(2). 2. Additional payments: global amounts expressed in EUR million:
And, in case of application of Article 70, for the following calendar years.
2004 2005 2006 and 2007
Belgium 12,12 24,30 36,45
Czech Republic 9,817 19,687 29,530
Denmark 16,31 32,70 49,05
Germany 101,99 204,53 306,79
Estonia 2,286 4,584 6,876
Greece 2,31 4,63 6,94
Spain 20,38 40,86 61,29
France 88,70 177,89 266,84
Ireland 19,20 38,50 57,76
Italy 36,34 72,89 109,33
Cyprus 0,531 1,066 1,599
Latvia 2,545 5,104 7,656
Lithuania 6,028 12,089 18,133
Luxembourg 0,98 1,97 2,96
Hungary 7,127 14,293 21,440
Malta 0,178 0,357 0,536
Netherlands 40,53 81,29 121,93
Austria 10,06 20,18 30,27
Poland 32,808 65,796 98,694
Portugal 6,85 13,74 20,62
Slovenia 2,051 4,114 6,170
Slovakia 3,709 7,438 11,157
Finland 8,81 17,66 26,49
Sweden 12,09 24,24 36,37
United Kingdom 53,40 107,09 160,64
In the new Member States the global amounts shall be applied in accordance with the schedule of increments as set out in Article 143a.
Article 97 Definitions For the purpose of this Chapter, the definitions of "producer" laid down in Article 5 of Regulation (EC) No 1788/2003 shall apply.
CHAPTER 8 SPECIFIC REGIONAL AID FOR ARABLE CROPS
Article 98 Aid In case of application of Article 70, in Finland and in Sweden north of the 62nd Parallel and some adjacent areas affected by comparable climatic conditions rendering agricultural activity particularly difficult, farmers producing cereals, oilseeds, linseed and flax and hemp grown for fibre shall be granted a specific aid of EUR 24/t, multiplied by the yields determined in the regionalisation plan for the region concerned within the limit of a ceiling, fixed by the Commission in accordance with Article 64(2), corresponding to the component of this aid in the ceiling referred to in Article 41. When the total amount of aid claimed exceeds the fixed ceiling, the aid per farmer shall be reduced proportionately in that year.
CHAPTER 9 SEED AID
Article 99 Aid 1. In case of application of Article 70, Member States shall grant, on a yearly basis, the aids fixed in Annex XI for the production of basic seed or certified seeds of one or more of the species listed in Annex XI. 2. In case the area accepted for certification for which the aid for seeds is claimed is used also for claiming the aid under the single payment scheme, the amount of aid for seed, except in the case of species referred to in Annex XI points 1 and 2, shall be reduced, but not to less than zero, by the amount of aid of the single payment scheme to be granted in a given year for the area concerned. 3. The amount of aid claimed shall not exceed a ceiling, fixed by the Commission in accordance with Article 64(2), corresponding to the component of seed aids for the species concerned in the national ceiling referred to in Article 41. However, for the new Member States, this ceiling shall correspond to the amounts mentioned in Annex XIa. When the total amount of aid claimed exceeds the fixed ceiling, the aid per farmer shall be reduced proportionately in that year. 4. The varieties of Cannabis sativa L. for which the aid provided for in this Article is payable shall be determined in accordance with the procedure referred to in Article 144(2).
CHAPTER 10 ARABLE CROPS AREA PAYMENT
Article 100 Scope of application and definitions 1. In case of application of Article 66, Member States shall grant, under the conditions set out in this Chapter, save as otherwise provided, the aid chosen by the Member State concerned according to that Article, to farmers producing arable crops. 2. For the purposes of this Chapter: the marketing year shall run from 1 July to 30 June, "arable crops" are taken to mean those listed in Annex IX. 3. Member States where maize is not a traditional crop may make grass silage eligible for the arable crops area payments, under the same conditions as those applicable for arable crops.
Article 101 Base areas The area payment shall be fixed on a per hectare basis and regionally differentiated. The area payment shall be granted for the area which is down to arable crops or subject to set-aside in accordance with Article 107 of this Regulation and which does not exceed the total number of hectares of the regional base area or areas as fixed in Annex VI of Commission Regulation (EC) No 2316/1999Commission Regulation (EC) No 2316/1999 of 22 October 1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops (OJ L 280, 30.10.1999, p. 43). Regulation as last amended by Regulation (EC) No 1035/2003 (OJ L 150, 18.6.2003, p. 24)., taking into account the application of Regulation (EC) No 1017/94. However, the regional base area or areas in the new Member States shall be fixed by the Commission in accordance with the procedure referred to in Article 144(2) and within the limits of the national base areas listed in Annex XIb. A region in this sense shall be understood to mean a Member State or a region within the Member State, at the option of the Member State concerned. In case of application of Article 66 of this Regulation, the area or areas fixed in Annex VI of Regulation (EC) No 2316/1999 shall be reduced by the number of hectares corresponding to the set-aside entitlements set up in accordance with Article 53 and 63(2) of this Regulation in the region concerned.
Article 102 Overrun of base areas and ceiling 1. When the sum of the areas for which payment is claimed under the arable crops' scheme, including the set-aside provided for under that scheme in case of application of Article 71, is in excess of the base area, the eligible area per farmer shall be reduced proportionately for all the payments granted under this Chapter in the region in question, during the same marketing year. 2. The sum of the payments claimed shall not be higher than the ceiling fixed by the Commission in accordance with Article 64(2). When the total amount of aid claimed exceeds the fixed ceiling, the aid per farmer shall be reduced proportionately in that year. 3. In case of application of Article 71, areas which are not the subject of an application for payment under this Chapter but are used to support an application for aid under Chapter 12 shall also be taken into account for the calculation of areas for which payment is claimed. 4. If a Member State makes grass silage eligible for the arable crops area payments, a separate base area shall be defined. If the base area for arable crops or grass silage is not reached in a given marketing year, the balance of hectares shall be allocated for the same marketing year to the corresponding base area. 5. Where a Member State has chosen to establish one or more national base areas, it may subdivide each national base area into sub-base areas according to objective criteria to be defined by the Member State. For the purposes of applying this paragraph, the "Secano" and "Regadío" base areas shall be considered as national base areas. Where there is an overshoot of a national base area, the Member State concerned may, in accordance with objective criteria, concentrate the measure applicable under paragraph 1 totally or partially on the sub-base areas for which the overshoot has been noted. Member States which have decided to apply the possibilities provided for in this paragraph, shall notify farmers and the Commission by 15 September of their choices and the detailed rules for their application.
Article 103 Regionalisation plan The regionalisation plan established by Member States pursuant to Article 3 of Regulation (EC) No 1251/1999 shall apply. Alternatively, for any new Member State applying the single area payment scheme referred to in Article 143b in 2004 and opting for the application of Article 66, the regionalisation plan shall be established, according to objective criteria, not later than 1 August of the last year of application of the single area payment scheme. Where this is done, the combined regional base areas and the weighted average reference yield in the regions shall respect the limits of the national base area and reference yield as listed in Annex XIb.However, for Bulgaria and Romania the condition for the application of this paragraph will be that the single area payment scheme is applied in 2007 and that the application of Article 66 has been opted for. The regionalisation plan may be revised, according to objective criteria, by the Member State concerned at the request of the Commission or at the initiative of that Member State.
Article 104 Basic amount 1. The area payment shall be calculated by multiplying the basic amount per tonne by the average cereal yield determined in the regionalisation plan for the region concerned. 2. The calculation mentioned in paragraph 1 shall be made using the average cereals yield. However, where maize is treated separately, the 'maize' yield shall be used for maize and the "cereals other than maize" yield shall be used for cereals, oilseeds, linseed and flax and hemp grown for fibre. 3. The basic amount for arable crops and, in case of application of Article 71, for set-aside shall be fixed at EUR 63,00/t from the 2005/2006 marketing year onwards.
Article 105 Durum wheat supplement 1. A supplement to the area payment of: EUR 291/ha for the marketing year 2005/2006, EUR 285/ha for the marketing year 2006/2007 and onwards,shall be paid for the area down to durum wheat in the traditional production zones listed in Annex X, subject to the following limits:
(hectares)
Bulgaria 21800
Greece 617000
Spain 594000
France 208000
Italy 1646000
Cyprus 6183
Hungary 2500
Austria 7000
Portugal 118000
2. Should the total of the areas for which a supplement to the area payment is claimed be greater than the limit referred to in paragraph 1 during the course of a marketing year, the area per farmer for which the supplement may be paid shall be reduced proportionately. However, subject to the limits per Member State laid down in paragraph 1, Member States may distribute the areas indicated in that paragraph among the production zones as defined in Annex X, or, for the Member States of the Community as constituted on 30 April 2004, if necessary, the production regions of the regionalisation plan, according to the extent of the production of durum wheat during the period 1993 to 1997. Where this is done, should the total of the areas within a region for which a supplement to the area payment is requested be greater than the corresponding regional limit during the course of a marketing year, the area per farmer in that production region for which the supplement may be paid shall be reduced proportionately. The reduction shall be made when, within a Member State, the areas in regions which have not reached their regional limits have been distributed to regions in which those limits have been exceeded. 3. In regions where the production of durum wheat is well established, other than those referred to in Annex X, special aid amounting to EUR 46/ha for the marketing year 2005/06 shall be granted up to a limit of the following number of hectares:
Germany 10000 ha
Spain 4000 ha
France 50000 ha
Italy 4000 ha
Hungary 4305 ha
Slovakia 4717 ha
United Kingdom 5000 ha.
Article 106 Flax and hemp For flax and hemp grown for fibre, the area payment shall be made only, depending on circumstances, when the contract is concluded or commitment made as referred to in Article 2(1) of Regulation (EC) No 1673/2000. For hemp grown for fibre, the area payment shall also be made under the conditions provided for in Article 52.
Article 107 Set-aside 1. In case of application of Article 71, farmers applying for the area payment shall be subject to an obligation to set aside part of the land of their holding from production and shall receive compensation for this obligation. 2. The set-aside obligation for each farmer applying for area payments shall be fixed as a proportion of his area down to arable crops and for which a claim is made and left in set-aside pursuant to this Chapter. The basic rate of compulsory set-aside is fixed at 10 % for the marketing years 2005/2006 and 2006/2007. 3. The land set aside may be used for: producing materials for the manufacture within the Community of products not directly intended for human or animal consumption, provided that effective control systems are applied; growing legume crops on a agricultural holding, managed for the totality of its production, in compliance with the obligations laid down in Regulation (EEC) No 2092/91. Member States shall be authorised to pay national aid up to 50 % of the costs associated with establishing multiannual crops intended for bio-mass production on set-aside land. 4. The quantity of by-products for feed or food uses likely to be made available as a result of the cultivation of oilseeds on land set-aside under paragraph 3 first indent shall be taken into account for the respect of the limit of 1 million tonnes referred to in Article 56(3). 5. Where different yields are set for irrigated and non-irrigated land, the payment for set-aside for non-irrigated land apply. 6. Farmers may be granted the set-aside payment on land voluntarily set aside in excess of their obligation. Member States shall allow farmers to set-aside up to at least 10 % of the area down to arable crops and for which a payment application is made, and left in set-aside pursuant to this Article. Higher percentages may be set by a Member State taking into account specific situations and ensuring sufficient occupation of farmland. In case of application of Article 66, this paragraph shall apply according to detailed rules to be adopted by the Commission, in accordance with the procedure referred to in Article 144(2). 7. Farmers who make a payment application for an area no bigger than the area which would be needed to produce 92 tonnes of cereals, on the basis of the yields determined for their region, are not bound by the set-aside obligation. Paragraph 6 shall apply to these farmers. 8. Without prejudice to Article 108, areas: set aside pursuant to agri-environment (Articles 22 to 24 of Council Regulation (EC) No 1257/1999), which are neither put to any agricultural use nor used for any lucrative purposes other than those accepted for other land set aside under this Regulation, or afforested pursuant to afforestation (Article 31 of Regulation (EC) No 1257/1999),as a result of an application made after 28 June 1995, may, up to any limit per holding which may be set by the Member State concerned, be counted as being set aside for the purposes of the set-aside requirement indicated in paragraph 1. Such limit shall be set only to the extent necessary to avoid a disproportionate amount of the available budget relating to the scheme in question being concentrated on a small number of farms. However, on these areas, the area payment specified in Article 104 of this Regulation shall not be granted and the support granted under Article 24(1) or Article 31(1), second indent of Regulation (EC) No 1257/1999 shall be limited to an amount equal at most to the area payment for set aside specified in Article 104 of this Regulation. Member States may decide not to apply the scheme provided for in this paragraph to a new applicant in any region in which there is a continuing risk of a significant overshoot of the regional base area. 9. Set aside areas shall not be less than 0,1 ha in size and 10 metres wide. For duly justified environmental reasons, Member States may accept areas at least 5 metres wide and 0,05 ha in size.
Article 108 Eligible land Applications for payments may not be made in respect of land which, at the date provided for the area aid applications for 2003, was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes. For the new Member States, applications for payments may not be made in respect of land which, on 30 June 2003, was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes.However, for Bulgaria and Romania, applications for payment may not be made in respect of land which, on 30 June 2005, was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes. Member States may, on terms to be determined in accordance with the procedure referred to in Article 144(2), derogate from the first or second subparagraph of this Article provided that they take action to prevent any significant increase in the total eligible agricultural area.
Article 109 Sowing and application In order to qualify for the area payment, a farmer shall by 31 May at the latest preceding the relevant harvest have sown the seed and by 15 May at the latest have lodged an application.
Article 110 Implementing rules Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure referred to in Article 144(2) and in particular: those relating to the establishment and management of base areas, those relating to the establishment of production regionalisation plans, those relating to grass silage, those relating to the granting of the area payment, those relating to the minimum area eligible for payment; such rules shall take particular account of the monitoring requirements and of the desired effectiveness of the scheme in question, those determining, for durum wheat, the eligibility for the supplement to the area payment and the eligibility requirements for the special aid, and in particular determination of the regions to be taken into consideration, those relating to set-aside, and in particular those relating to Article 107(3); these conditions shall define the fodder legumes that may be grown on land set aside and, with regard to the first indent of the first paragraph of that paragraph, may include the growing of crops without compensation.According to the same procedure, the Commission may: either make the granting of payments subject to the use of: (i)specific seeds; (ii)certified seed in the case of durum wheat and flax and hemp grown for fibre; (iii)certain varieties in the cases of oilseeds, durum wheat, linseed and flax and hemp grown for fibre, or provide for the possibility for Member States to make the grant of payments subject to such conditions, allow the dates in Article 109 to be varied in certain zones where exceptional climatic conditions render the normal dates inapplicable.
CHAPTER 10A CROP SPECIFIC PAYMENT FOR COTTON
Article 110a Scope Aid shall be granted to farmers producing cotton, falling within CN code 520100 under the conditions laid down in this Chapter.
Article 110b Eligibility 1. The aid shall be granted per hectare of eligible area of cotton. In order to be eligible, the area shall be located on agricultural land authorised by the Member State for cotton production, sown under authorised varieties and maintained at least until the boll opening under normal growing conditions. However, if the cotton does not attain the stage of boll opening as a result of exceptional weather conditions recognised as such by the Member State, areas fully sown under cotton shall remain eligible for aid provided that the areas in question have up to the boll opening not been used for any other purpose than for the production of cotton. 2. Member States shall authorise the land and the varieties referred to in paragraph 1 in accordance with detailed rules and conditions to be adopted in accordance with the procedure referred to in Article 144(2).
Article 110c Base areas and amounts 1. A national base area is hereby established for: Bulgaria: 10237 ha Greece: 370000 ha Spain: 70000 ha Portugal: 360 ha. 2. The amount of the aid per eligible hectare shall be in: Bulgaria: EUR 263 Greece: EUR 594 for 300000 hectares and EUR 342,85 for the remaining 70000 hectares Spain: EUR 1039 Portugal: EUR 556. 3. If the eligible area of cotton in a given Member State and in a given year exceeds the base area laid down in paragraph 1, the aid referred to in paragraph 2 for that Member State shall be reduced proportionately to the overrun of the base area. However, for Greece the proportionate reduction shall be applied in respect of the amount of the aid fixed for the part of the national base area composed of the 70000 hectares in order to respect the global amount of EUR 202,2 million. 4. Detailed rules for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 144(2).
Article 110d Approved inter-branch organisations 1. For the purpose of this Chapter, an "approved inter-branch organisation" shall mean a legal entity made up of farmers producing cotton and at least one ginner, aiming at, in particular, the supply of qualitatively suitable unginned cotton to the ginner. The Member State in whose territory the ginners are established shall approve the organisation that respects the criteria to be adopted in accordance with the procedure referred to in Article 144(2). 2. The approved inter-branch organisation shall be financed by its members.
Article 110e Differentiation of aid by approved inter-branch organisations 1. The approved inter-branch organisation may decide that a maximum of half of the total amount of the aid to which its farmer-members are entitled on the basis of the areas eligible pursuant to Article 110b(1) is differentiated according to a scale fixed by it. 2. The scale referred to in paragraph 1 shall be approved by the Member State and shall respect the criteria to be adopted in accordance with the procedure referred to in Article 144(2). These criteria shall concern, in particular, the quality of the unginned cotton to be delivered, adapted to the environmental and economic conditions of the zones concerned.
Article 110f Payment of aid 1. Farmers shall be granted the aid per eligible hectare pursuant to Article 110c. 2. Farmers who are members of an approved inter-branch organisation shall be granted an aid per eligible hectare pursuant to Article 110c, increased by an amount of EUR 10. However, in case of differentiation, the aid shall be granted per eligible hectare pursuant to Article 110c adjusted in accordance with Article 110e(1). The adjusted amount shall be increased by an amount of EUR 10.
CHAPTER 10B AID FOR OLIVE GROVES
Article 110g Scope Aid shall be granted to farmers as a contribution to the maintenance of olive groves of environmental or social value according to the conditions laid down in this Chapter.
Article 110h Eligibility Payment of the aid shall be subject to the following conditions: (a)the olive grove shall be registered in the geographic information system referred to in Article 20(2); (b)only surfaces corresponding either to olive trees planted before 1 May 1998, except for Cyprus and Malta, for which the date shall be 31 December 2001, or to replacing trees or surfaces covered by a programme approved by the Commission shall be eligible for the aid; (c)the number of olive trees in the olive grove shall not differ by more than 10 % from the number registered on 1 January 2005 in the geographic information system referred to in Article 20(2); (d)the olive grove shall comply with the features of the olive grove category under which aid is claimed; (e)the aid applied for shall amount to at least EUR 50 per application.
Article 110i Amount 1. The aid for olive groves shall be granted per olive GIS-ha. An olive GIS-ha shall be the area unit used in a common method to be established in accordance with the procedure referred to in Article 144(2) on the basis of data from the geographical information system for olive cultivation referred to in Article 20(2). 2. Within the maximum amounts established in paragraph 3, and after deduction of the amount withheld pursuant to paragraph 4, Member States shall fix an aid per olive GIS-ha of up to a maximum of five categories of olive grove areas. These categories shall be established in accordance with a common framework of environmental and social criteria, including aspects related to landscape and social tradition, to be adopted in accordance with the procedure referred to in Article 144(2). In this context, particular attention shall be given to the maintenance of olive groves in marginal areas. 3. Where the coefficient of 0,4, resulting from the application of the coefficient of 0,6 laid down in Annex VII (H) is applied, the maximum amount of aid referred to in paragraph 2 shall be as follows:
EUR million
Spain 103,14
Cyprus 2,93
Member States shall allocate the maximum amount between the different categories in accordance with objective criteria and in a non-discriminatory manner. For each category, the aid per olive GIS-ha may amount to, but may not exceed, the level of the maintenance costs excluding harvest costs. Should Member States decide upon a decrease in the coefficient of 0,4 the maximum amount of the aid referred to in the above table, as well as the Annexes VIII and VIIIa, shall be adjusted in accordance with the procedure referred to in Article 144(2). The maximum amounts of aid set for Cyprus and Malta are provisional. They may be revised in 2005 after the introduction of the geographical information system referred to in Article 20(2), in accordance with the procedure provided for in Article 144(2), to adjust the Cypriot and Maltese maximum amount of aid accordingly.
4. Member States may withhold up to 10 % of the amounts referred to in paragraph 3 to ensure Community finance of work programmes drawn up by approved operators' organisations pursuant to Article 8 of Council Regulation (EC) No 865/2004 of 29 April 2004 on the common organisation of the market in olive oil and table olivesSee page 97 of this Official Journal.. However, should a Member State decide to apply a higher coefficient than 0,6 as laid down in Annex VII (H), it may withhold a maximum of 10 % of the olive oil component in the national ceiling referred to in Article 41 to ensure Community financing of the work programmes referred to in the first subparagraph. This maximum amount shall be fixed in accordance with the procedure referred to in Article 144(2).
CHAPTER 10C TOBACCO AID
Article 110j Scope of application For the harvest years 2006, 2007, 2008 and 2009 aid may be granted to farmers producing raw tobacco, falling within CN code 2401, under the conditions laid down in this chapter.
Article 110k Eligibility The aid shall be granted to farmers who received a tobacco premium payment in accordance with Regulations (EEC) No 2075/92 in the calendar years 2000, 2001 and 2002, and to farmers who acquired tobacco production quotas during the period 1 January 2002 to 31 December 2005. The payment of the aid shall be subject to the following conditions: (a)the tobacco must come from a production area referred to in Annex II to Commission Regulation (EC) No 2848/98OJ L 358, 31.12.1998, p. 17. Regulation as last amended by Commission Regulation (EC) No 1983/2002 (OJ L 306, 8.11.2002, p. 8).; (b)the quality requirements defined in Regulation (EC) No 2848/98 must be fulfilled; (c)the leaf tobacco must be delivered by the farmer to the premises of the first processor under a cultivation contract; (d)it shall be made in such a way as to ensure equal treatment between farmers and/or according to objective criteria such as location of tobacco producers in an Objective 1 region or the production of varieties of a certain quality.
Article 110l Amount 1. Where a coefficient of 0,6, resulting from the application of the coefficient of 0,4 laid down in Annex VII (I) is applied, the maximum amount of the total of the aid, including the amounts to be transferred to the Community Tobacco Fund referred to in Article 110m, shall be as follows:
(in EUR million)
2006-2009
Germany 21,287
Spain 70,599
France 48,217
Italy (except Apulia) 189,366
Portugal 8,468
Should Member States decide upon a decrease in the coefficient of 0,6, the maximum amount of the aid referred to in the above table, as well as Annex VIII, shall be adjusted in accordance with the procedure referred to in Article 144(2).
Article 110m Transfer to the Community Tobacco Fund An amount equal to 4 % for the calendar year 2006 and 5 % for the calendar years 2007, 2008 and 2009 of the aid granted in accordance with this Chapter shall finance actions of information under the Community Tobacco Fund provided for in Article 13 of Regulation (EEC) No 2075/92.
CHAPTER 10D HOPS AREA AID
Article 110n Scope of application Aid shall be granted to farmers producing hops falling within CN code 1210, under the conditions laid down in this Chapter.
Article 110o Eligibility Eligible areas shall be areas that are: located in hop production areas as published by the Commission pursuant to Article 6(2) of Council Regulation (EEC) No 1784/77OJ L 200, 8.8.1977, p. 1. Regulation as last amended by the 2003 Act of Accession., planted with hops, and actually harvested.
CHAPTER 10E SUGAR PAYMENT
Article 110p Transitional sugar payment 1. In case of application of Article 71, farmers may qualify for a transitional sugar payment in respect of the year 2006. It shall be granted within the limits of the amounts set out in point K of Annex VII. 2. Without prejudice to Article 71(2), the amount of the transitional sugar payment per farmer shall be determined by Member States on the basis of objective and non-discriminatory criteria such as: the quantities of sugar beet, cane or chicory covered by delivery contracts concluded in accordance with Article 19 of Regulation (EC) No 1260/2001, the quantities of sugar or inulin syrup produced in accordance with Regulation (EC) No 1260/2001, the average number of hectares under sugar beet, cane or chicory used for the production of sugar or inulin syrup and covered by delivery contracts concluded in accordance with Article 19 of Regulation (EC) No 1260/2001and in respect of a representative period which could be different for each product of one or more of the marketing years 2004/2005, 2005/2006 and 2006/2007 to be determined by Member States before 30 April 2006.However, where the representative period includes the marketing year 2006/2007, this marketing year shall be replaced by the marketing year 2005/2006 for farmers affected by a renunciation of quota in the marketing year 2006/2007 as provided for in Article 3 of Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the CommunityOJ L 58, 28.2.2006, p. 42..Where the marketing year 2006/2007 is chosen, the references to Article 19 of Regulation (EC) No 1260/2001 contained in the first subparagraph shall be replaced by references to Article 6 of Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sectorOJ L 58, 28.2.2006, p. 1.. 3. Articles 143a and 143c shall not apply to the transitional sugar payment.
CHAPTER 10F COMMUNITY AID FOR SUGAR BEET AND CANE PRODUCERS
Article 110q Scope 1. In Member States which have granted the restructuring aid provided for in Article 3 of Regulation (EC) No 320/2006 for at least 50 % of the sugar quota fixed on 20 February 2006 in Annex III to Regulation (EC) No 318/2006, Community aid shall be granted to sugar beet and cane producers. 2. The aid shall be granted for a maximum of five consecutive years as from the marketing year in which the threshold of 50 % referred to in paragraph 1 has been reached but no later than for the marketing year 2013/2014.
Article 110r Conditions for eligibility The aid shall be granted in respect of the quantity of quota sugar obtained from sugar beet or cane delivered under contracts concluded in accordance with Article 6 of Regulation (EC) No 318/2006.
Article 110s Amount of the aid The aid shall be expressed per tonne of white sugar of standard quality. The amount of the aid shall be equal to half of the amount obtained by dividing the amount of the ceiling referred to in point 2 of point K of Annex VII for the Member State concerned for the corresponding year by the total of the sugar and inulin syrup quota fixed on 20 February 2006 in Annex III to Regulation (EC) No 318/2006. Articles 143a and 143c shall not apply to the aid for sugar beet and cane producers.
CHAPTER 10G TRANSITIONAL FRUIT AND VEGETABLES PAYMENTS
Article 110t Transitional area aid 1. In the case of application of Articles 68b(1) or 143bc(1) during the period referred to in those provisions, a transitional area aid may be granted, under the conditions laid down in this Chapter, to farmers producing certain tomatoes, as determined by the Member States, which are supplied for processing. 2. In the case of application of Articles 68b(2) or 143bc(2) during the period referred to in those provisions, a transitional area aid may be granted, under the conditions laid down in this Chapter, to farmers producing certain fruit and vegetable products listed in the third subparagraph of Article 68b(2), as determined by the Member States, which are supplied for processing.
Article 110u Amount of the aid and eligibility 1. Member States shall fix the aid per hectare on which tomatoes and each fruit and vegetable listed in the third subparagraph of Article 68b(2) is grown on the basis of objective and non-discriminatory criteria. 2. The total amount of payments shall in no case exceed the ceiling fixed in accordance with Article 64(2) or Article 143bc. 3. The aid shall be granted only in respect of areas whose production is covered by a contract for processing into one of the products listed in Article 1(2) of Regulation (EC) No 2201/1996. 4. Member States may make the granting of Community aid subject to further objective and non-discriminatory criteria, including being conditional on farmers being members of a producer organisation or producer group recognised, respectively, under Articles 4 or 7 of Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sectorOJ L 273, 17.10.2007, p. 1. 5. By 1 November 2007, Member States shall notify the Commission of their decision to apply Articles 68b or 143bc, the amount retained under those Articles and the criteria referred to in paragraph 1 of this Article.
CHAPTER 10H TRANSITIONAL SOFT FRUIT PAYMENT
Article 110v Soft fruit payment 1. A transitional area aid shall apply during the period ending on 31 December 2012 in respect of strawberries falling within CN code 08101000 and raspberries falling within CN code 08102010 which are supplied for processing. 2. The aid shall be granted only in respect of areas whose production is covered by a contract for processing into one of the products listed in Article 1(2) of Regulation (EC) No 2201/1996. 3. The Community aid shall be EUR 230 per hectare per year. 4. Member States may grant national aid in addition to the Community aid. The total amount of Community and national aid paid shall not exceed EUR 400 per hectare per year. 5. The aid shall be paid only in respect of maximum national guaranteed areas allocated to Member States as follows:
Member State National guaranteed area(hectares)
Bulgaria 2400
Hungary 1700
Latvia 400
Lithuania 600
Poland 48000
If the eligible area in a given Member State and in a given year exceeds the maximum national guaranteed area, the aid amount referred to in paragraph 3 shall be reduced proportionately to the overrun of the maximum national guaranteed area.
6. Articles 143a and 143c shall not apply to the transitional soft fruit payment.
CHAPTER 11 SHEEP AND GOAT PREMIUMS
Article 111 Scope of application In case of application of Article 67, Member States shall grant, on a yearly basis, premiums or additional payments to farmers rearing sheep and goats under the conditions provided for in this Chapter, save as otherwise provided.
Article 112 Definitions For the purposes of this Chapter the following definitions shall apply: (a)"ewe" shall mean any female of the ovine species having lambed at least once or aged at least one year; (b)"she-goat" shall mean any female of the caprine species having kidded at least once or aged at least one year.
Article 113 Ewe and goat premium 1. A farmer keeping ewes on his holding may qualify, on application for a premium for maintaining ewes (ewe premium). 2. A farmer keeping she-goats on his holding may qualify, on application for a premium for maintaining she-goats (goat premium). This premium shall be granted to farmers in specific areas where the production meets the following two criteria: (a)goat rearing is mainly directed towards the production of goatmeat; (b)goat and sheep rearing techniques are similar in nature. A list of such areas shall be established following the procedure referred to in Article 144(2). 3. The ewe premium and the goat premium shall be granted in the form of an annual payment per eligible animal per calendar year and per farmer within the limits of individual ceilings. The minimum number of animals in respect of which an application for a premium is lodged shall be determined by the Member State. This minimum shall not be less than 10 or greater than 50. 4. Per ewe, the amount of the premium shall be EUR 21. However for farmers marketing sheep's milk or products based on sheep's milk the premium per ewe shall be EUR 16,8. 5. Per she-goat the amount of the premium shall be EUR 16,8.
Article 114 Supplementary premium 1. A supplementary premium shall be paid to farmers in areas where sheep and goat production constitutes a traditional activity or contributes significantly to the rural economy. Member States shall define these areas. In any event the supplementary premium shall only be granted to a farmer whose holding has at least 50 % of its area used for agriculture situated in less-favoured areas defined pursuant to Regulation (EC) No 1257/1999. 2. The supplementary premium shall also be granted to a farmer practising transhumance provided that: (a)at least 90 % of the animals for which the premium is applied are grazed for at least 90 consecutive days in an eligible area established in accordance with paragraph 1, and (b)the seat of the holding is situated in a well-defined geographical area for which it has been established by the Member State that transhumance is a traditional practice of sheep and/or goat rearing and that these animal movements are necessary owing to the absence of forage in sufficient quantity during the transhumance period. 3. The amount of the supplementary premium shall be set at EUR 7 per ewe and per she-goat. The supplementary premium shall be granted under the same conditions as those laid down for the grant of the ewe and goat premium.
Article 115 Common provisions 1. Premiums shall be paid to recipient farmers on the basis of the number of ewes and/or she-goats kept on their holding over a minimum period to be determined in accordance with the procedure referred to in Article 144(2). 2. Once Council Regulation (EC) No 21/2004 establishinga system for the identification and registration ofovine and caprine animals and amending Regulation (EEC)No 1782/2003 becomes applicable, to qualify for thepremium an animal shall be identified and registered inaccordance with these rules.
Article 116 Individual limits 1. On 1 January 2005 the individual ceiling per farmer referred to in Article 113(3), shall be equal to the number of premium rights which he held on 31 December 2004 in accordance with the relevant Community rules. 2. Member States shall take the necessary measures to ensure that the sum of premium rights on their territory does not exceed the national ceilings set out in paragraph 4 and that the national reserves referred to in Article 118 may be maintained. Except in cases where Article 143b is applied, the new Member States shall allocate individual ceilings to producers and shall set up the national reserves from the overall number of rights to the premium reserved for each of these new Member States as set out in paragraph 4, no later than one year after the date of accession. After the end of the period of application of the single area payment scheme according to Article 143b and where Article 67 is applied, the allocation of the individual ceilings to producers and the setting up of the national reserve referred to in the second subparagraph shall take place no later than the end of the first year of the application of the single payment scheme. 3. Premium rights, which have been withdrawn pursuant to the measure taken pursuant to paragraph 2 shall be abolished. 4. The following ceilings shall apply:
Member State Rights (x 1000)
Belgium 70
Bulgaria 2058,483
Czech Republic 66,733
Denmark 104
Germany 2432
Estonia 48
Greece 11023
Spain 19580
France 7842
Ireland 4956
Italy 9575
Cyprus 472,401
Latvia 18,437
Lithuania 17,304
Luxembourg 4
Hungary 1146
Malta 8,485
Netherlands 930
Austria 206
Poland 335,88
Portugal 2690
Romania 5880,620
Slovenia 84,909
Slovakia 305,756
Finland 80
Sweden 180
United Kingdom 19492
Total 89607,008
Article 117 Transfer of premium rights 1. When a farmer sells or otherwise transfers his holding, he may transfer all his premium rights to the person who takes over his holding. 2. A farmer may also transfer, in whole or in part, his rights to other farmers without transferring his holding. In the case of a transfer of rights without transfer of the holding, a part of the premium rights transferred, not exceeding 15 %, shall be surrendered, without compensation to the national reserve of the Member State where his holding is situated for redistribution free of charge. Member States may acquire premium rights from farmers who agree, on a voluntary basis, to surrender their rights, in whole or in part. In this case payments for the acquisition of such rights may be made to such farmers either from national budgets or as provided for under Article 119(2), fifth indent. By way of derogation from paragraph 1 and in duly justified circumstances, Member States may provide that in the case of a sale or other transfer of the holding, the transfer of rights is carried out by the intermediary of the national reserve. 3. Member States may take the necessary measures to avoid premium rights being moved away from sensitive zones or regions where sheep production is especially important for the local economy. 4. Member States may authorise, before a date that they shall determine, temporary transfers of that part of the premium rights, which are not intended to be used by the farmer who holds them.
Article 118 National reserve 1. Each Member State shall maintain a national reserve of premium rights. 2. Any premium rights withdrawn pursuant to Article 117(2) or other Community provisions shall be added to the national reserve. 3. Member States may allocate premium rights to farmers, within the limits of their national reserves. When making the allocation they shall give precedence in particular to newcomers, young farmers or other priority farmers.
Article 119 Additional payments 1. In case of application of Article 71, Member States shall, on a yearly basis, make additional payments totalling the global amounts set out in paragraph 3 of this Article. Member States may decide to supplement the global amounts set out in paragraph 3 of this Article by reducing the amounts of the payments referred to in Article 113. The reduction in the amounts, which may be applied on a regional basis, shall not exceed one euro. The payments shall be made, on a yearly basis, according to objective criteria including, in particular, the relevant production structures and conditions, and in such a way as to ensure equal treatment between producers and to avoid market and competition distortions. Moreover, such payments shall not be linked to fluctuations of market prices. They may be made on a regional basis. 2. Payments may include, in particular, the following: payments to farmers engaged in specific types of production, in particular related to quality, which are important for the local economy or the protection of the environment; an increase in the premium set out in Article 113. The additional amounts may be subject to the application of stocking density requirements, to be determined by the Member State according to local conditions; support for restructuring of farmers' holdings or the development of producers' organisations; area payments to farmers, to be granted per hectare of forage area, which is available to a farmer during the calendar year concerned and in respect of which no payments are claimed for the same year under the support system for farmers producing certain arable crops, under the aid system for dried fodder and under Community aid schemes for other permanent or horticultural crops; payments to farmers who surrender their rights on a voluntary basis pursuant to Article 117(2); support for the improvement and rationalisation of processing and marketing of sheep and goatmeat. 3. The following global amounts shall apply:
(EUR 1000)
Belgium 64
Czech Republic 71
Denmark 79
Germany 1793
Estonia 51
Greece 8767
Spain 18827
France 7083
Ireland 4875
Italy 6920
Cyprus 441
Latvia 19
Lithuania 18
Luxembourg 4
Hungary 1212
Malta 9
Netherlands 743
Austria 185
Poland 355
Portugal 2275
Slovenia 86
Slovakia 323
Finland 61
Sweden 162
United Kingdom 20162
4. In the new Member States, the global amounts shall be applied in accordance with the schedule of increments as set out in Article 143a.
Article 120 Ceilings The sum of the amounts of each premium or additional payment claimed shall not exceed the limit of the ceiling, fixed by the Commission in accordance with Article 64(2). When the total amount of aid claimed exceeds the fixed ceiling, the aid per farmer shall be reduced proportionately in that year.
CHAPTER 12 BEEF AND VEAL PAYMENTS
Article 121 Scope of application In case of application of Article 68, Member States shall grant, under the conditions set out in this Chapter, save as otherwise provided, the aid or aids chosen by the Member State concerned according to that Article.
Article 122 Definitions For the purposes of this Chapter: (a)"region" shall mean a Member State or a region within a Member State, at the option of the Member State concerned, (b)"bull" shall mean an uncastrated male bovine animal, (c)"steer" shall mean a castrated male bovine animal, (d)"suckler" cow shall mean a cow belonging to a meat breed or born of a cross with a meat breed, and belonging to a herd intended for rearing calves for meat production, (e)"heifer" shall mean a female bovine animal from the age of eight months which has not yet calved.
Article 123 Special premium 1. A farmer holding male bovine animals on his holding may qualify, on application, for a special premium. It shall be granted in the form of an annual premium per calendar year and per holding within the limits of regional ceilings for not more than 90 animals for each of the age brackets referred to in paragraph 2. 2. The special premium shall be granted no more than: (a)once in the life of each bull from the age of nine months, or (b)twice in the life of each steer: the first time at the age of nine months, the second time after it has reached the age of 21 months. 3. To qualify for the special premium: (a)any animal covered by an application shall be held by the farmer for fattening for a period to be determined, (b)each animal shall be covered until slaughter or until export by an animal passport referred to in Article 6 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef productsOJ L 204, 11.8.2000, p. 1. containing all relevant information on its premium status or, if not available, an equivalent administrative document. 4. When in a given region the total number of bulls from the age of nine months and of steers from nine months to 20 months of age, for which an application has been made and which satisfy the conditions for granting the special premium exceeds the regional ceiling referred to in paragraph 8, the number of all eligible animals under paragraph 2(a) and (b) per farmer for the year in question shall be reduced proportionately. Within the meaning of this Article, "regional ceiling" shall mean the number of animals entitled to benefit, in a region and per calendar year, from the special premium. 5. By way of derogation from paragraphs 1 and 4, Member States may: on the basis of objective criteria that are part of a rural development policy and only on the condition that they take into account environmental as well as employment aspects, change or waive the headage limit of 90 animals per holding and age bracket, and, where exercising this power, decide to apply paragraph 4 in such a way as to reach the level of reductions required to comply with the applicable regional ceiling, without applying such reductions to small farmers who, in respect of the year in question, did not submit special premium applications for more than a minimum number of animals determined by the Member State concerned. 6. Member States may decide to grant the special premium at the time of slaughter. In this case, for bulls the age criterion referred to in paragraph 2(a) shall be replaced by a minimum carcass weight of 185 kilograms. The premium shall be paid or passed back to the farmers. The United Kingdom shall be authorised to apply in Northern Ireland a system for granting the special premium which differs from that applied in the remainder of its territory. 7. The amount of the special premium shall be set at: (a)EUR 210 per eligible bull; (b)EUR 150 per eligible steer and age bracket. 8. The following regional ceilings shall apply:
Without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001. Without prejudice to the specific rules laid down in Regulation (EC) No 1452/2001. Without prejudice to the specific rules laid down in Regulation (EC) No 1453/2001. This ceiling shall be temporarily increased by 100000 to 1519811 until such time as live animals under six months of age may be exported.
Belgium 235149
Bulgaria 90343
Czech Republic 244349
Denmark 277110
Germany 1782700
Estonia 18800
Greece 143134
Spain 713999
France 1754732
Ireland 1077458
Italy 598746
Cyprus 12000
Latvia 70200
Lithuania 150000
Luxembourg 18962
Hungary 94620
Malta 3201
Netherlands 157932
Austria 373400
Poland 926000
Portugal 175075
Romania 452000
Slovenia 92276
Slovakia 78348
Finland 250000
Sweden 250000
United Kingdom 1419811
Article 124 Deseasonalisation premium 1. In case of application of Article 71 where, in a Member State the number of steers: (a)slaughtered in a given year exceeds 60 % of total annual slaughterings of male bovine animals, and (b)slaughtered during the period 1 September to 30 November in a given year exceeds 35 % of total annual slaughterings of steers,farmers may qualify, on application, for an additional premium to the special premium (deseasonalisation premium). However, if both triggering rates referred to above are reached in Ireland or in Northern Ireland, the premium shall apply in Ireland and in Northern Ireland. For the purpose of applying this Article in the United Kingdom, Northern Ireland shall be regarded as a separate entity. 2. The amount of this premium shall be set at: EUR 72,45 per animal slaughtered during the first 15 weeks in a given year, EUR 54,34 per animal slaughtered during the 16th and 17th weeks in a given year, EUR 36,23 per animal slaughtered during the 18th to the 21st week in a given year, and EUR 18,11 per animal slaughtered during the 22nd and 23rd weeks in a given year. 3. Where the rate referred to in paragraph 1(b) is not achieved, taking into account the penultimate sentence of paragraph 1, Member States whose farmers have previously received the deseasonalisation premium may decide to grant this premium at the rate of 60 % of the amounts set in paragraph 2. In such case, the Member State concerned: (a)may decide to grant this premium for the first two or three of the periods in question only, (b)shall ensure the measure is financially neutral in respect of the same budget year by accordingly reducing: the amount of the second age bracket of the special premium applicable to steers granted in that Member State, and/or the additional payments to be made under Section 2, and shall inform the Commission of the reduction measure applied. For the purpose of applying this measure, Ireland and Northern Ireland shall be regarded as one entity for the calculation of the rate referred to in paragraph 1(a) and consequently for qualification for the premium. 4. In order to establish whether the percentages referred to in this Article have been exceeded, account shall be taken of slaughterings carried out during the second year preceding that in which the animal qualifying for the premium was slaughtered.
Article 125 Suckler cow premium 1. A farmer keeping suckler cows on his holding may qualify, on application, for a premium for maintaining suckler cows (suckler cow premium). It shall be granted in the form of an annual premium per calendar year and per farmer within the limits of individual ceilings. 2. The suckler cow premium shall be granted to any farmer: (a)not supplying milk or milk products from his farm for 12 months from the day on which the application is lodged. The supply of milk or milk products directly from the holding to the consumer shall not, however, prevent grant of the premium, (b)supplying milk or milk products whose total individual reference quantity as referred to in Article 4 of Regulation (EEC) No 3950/92 does not exceed 120000 kilograms. However, Member States may decide on the basis of objective criteria, which they determine, to change or waive this quantitative limit,provided that the farmer keeps, for at least six consecutive months from the day on which the application is lodged a number of suckler cows at least equal to 60 % and of heifers at most equal to 40 % of the number for which the premium was requested. For the purposes of determining the number of eligible animals under points (a) and (b) of the first paragraph of paragraph 2 of this Article, whether cows belong to a suckler herd or to a dairy herd shall be established on the basis of the beneficiary's individual reference quantity as defined in Article 95(2) and the average milk yield. 3. The farmers' entitlement to the premium shall be limited by the application of an individual ceiling as defined in Article 126. 4. Per eligible animal, the amount of the premium shall be set at EUR 200. 5. In case of application of Article 68(a)(i), Member States may grant an additional national suckler cow premium, up to a maximum of EUR 50 per animal, provided that no discrimination is caused between stockfarmers in the Member State concerned. In respect of holdings located in a region as defined in Articles 3 and 6 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural FundsOJ L 161, 26.6.1999, p. 1. Regulation as last amended by Regulation (EC) No 1105/2003 (OJ L 158, 27.6.2003, p. 3)., the first EUR 24,15 per animal of this additional premium shall be financed by the Guarantee Section of the European Guidance and Guarantee Fund (EAGGF). In respect of holdings located throughout the territory of a Member State, if in the Member State concerned the cattle population has a high proportion of suckler cows, representing at least 30 % of the total number of cows, and if at least 30 % of male bovine animals slaughtered belong to conformation classes S and E, the Guarantee Section of EAGGF shall finance the additional premium in total. Any overshoot of these percentages is established on the basis of the average of the two years preceding that for which the premium is granted. 6. For the purposes of this Article, only heifers belonging to a meat breed or born of a cross with a meat breed and belonging to a herd intended for rearing calves for meat production shall be taken into account.
Article 126 Individual ceiling for suckler cow 1. An aid shall be granted to each farmer of suckler cows within the limit of the individual ceilings established in application of Article 7 of Regulation (EC) No 1254/1999 or of the second subparagraph of paragraph 2. 2. Member States shall take the necessary steps to ensure that the sum of premium rights on their territory does not exceed the national ceilings set out in paragraph 5 and that the national reserves referred to in Article 128 may be maintained. Except in cases where Article 143b is applied, the new Member States shall allocate individual ceilings to producers and shall set up the national reserves from the overall number of rights to the premium reserved for each of these Member States as set out in paragraph 5, no later than one year after the date of accession. After the end of the period of application of the single area payment scheme according to Article 143b and where Article 68(2)(a)(i) is applied, the allocation of the individual ceilings to producers and the setting up of the national reserve referred to in the second subparagraph shall take place no later than the end of the first year of the application of the single payment scheme. 3. Where the adjustment referred to in paragraph 2 requires a reduction of individual ceilings held by farmers, it shall be carried out without compensatory payment and decided on the basis of objective criteria, including, in particular: the rate at which farmers have used their individual ceilings during the three reference years prior to the year 2000, the implementation of an investment or extensification programme in the beef and veal sector, particular natural circumstances or the application of penalties, resulting in a non-payment or a reduced payment of the premium for at least one reference year, additional exceptional circumstances having the effect that the payments made for at least one reference year do not correspond to the actual situation as established during the previous years. 4. Premium rights which have been withdrawn pursuant to the measure provided for in paragraph 2 shall be abolished. 5. The following national ceilings shall apply:
Without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001. Without prejudice to the specific rules laid down in Regulation (EC) No 1452/2001. Without prejudice to the specific rules laid down in Regulation (EC) No 1453/2001.
Belgium 394253
Bulgaria 16019
Czech Republic 90300
Denmark 112932
Germany 639535
Estonia 13416
Greece 138005
Spain 1441539
France 3779866
Ireland 1102620
Italy 621611
Cyprus 500
Latvia 19368
Lithuania 47232
Luxembourg 18537
Hungary 117000
Malta 454
Netherlands 63236
Austria 375000
Poland 325581
Portugal 416539
Romania 150000
Slovenia 86384
Slovakia 28080
Finland 55000
Sweden 155000
United Kingdom 1699511
Article 127 Transfer of suckler cow premium rights 1. When a farmer sells or otherwise transfers his holding, he may transfer all his suckler cow premium rights to the person who takes over his holding. He may also transfer, in whole or in part, his rights to other farmers without transferring his holding. In the case of transfer of premium rights without transfer of the holding a part of the transferred rights, which shall not exceed 15 %, shall be returned without compensatory payment to the national reserve of the Member State where the holding is situated for redistribution free of charge. 2. The Member States: (a)shall take the necessary measures to prevent premium rights being transferred outside sensitive areas or regions where beef and veal production is particularly important for the local economy; (b)may provide either that the transfer of rights without transfer of the holding is carried out directly between farmers or that it is carried out through the intermediary of the national reserve. 3. Member States may authorise, before a date to be determined, temporary transfers of part of the premium rights which are not intended to be used by the farmer who holds them.
Article 128 National reserve of suckler cow premium rights 1. Each Member State shall maintain a national reserve of suckler cow premium rights. 2. Any premium rights withdrawn pursuant to Article 127(1) or other Community provisions shall be added to the national reserve, without prejudice to Article 126(4). 3. The Member States shall use their national reserves for allocating, within the limits of those reserves, premium rights in particular to newcomers, young farmers and other priority farmers.
Article 129 Heifers 1. By way of derogation from Article 125(3), Member States where more than 60 % of suckler cows and heifers are kept in mountain areas within the meaning of Article 18 of Council Regulation (EC) No 1257/1999 may decide to manage the granting of the suckler cow premium for heifers separately from that for suckler cows within the limits of a separate national ceiling to be set up by the Member State concerned. Such separate national ceiling shall not exceed 40 % of the national ceiling of the Member State concerned set out in Article 126(5). That national ceiling shall be reduced by an amount equal to the separate national ceiling. When in a Member State exercising the power provided for in this paragraph, the total number of heifers, for which an application has been made, and which satisfy the conditions for granting the suckler cow premium, exceeds the separate national ceiling, the number of eligible heifers per farmer for the year in question shall be reduced proportionately. 2. For the purpose of this Article, only heifers belonging to a meat breed or born of a cross with a meat breed shall be taken into account.
Article 130 Slaughter premium 1. A farmer keeping bovine animals on his holding may qualify, on application, for a slaughter premium. It shall be granted on slaughter of eligible animals or their export to a third country and within national ceilings to be determined. The following shall be eligible for the slaughter premium: (a)bulls, steers, cows and heifers from the age of eight months, (b)calves of more than one and less than eight months old and of carcass weight up to 185 kg,provided they have been held by the farmer for a period to be determined. 2. The amount of the premium shall be set at: (a)EUR 80 per eligible animal as specified under paragraph 1(a); (b)EUR 50 per eligible animal as specified under paragraph 1(b). 3. The national ceilings referred to in paragraph 1 shall be established per Member State and separately for both groups of animals as specified in (a) and (b) thereof. Each ceiling shall be equal to the number of animals of each of these two groups which in 1995 were slaughtered in the Member State concerned to which are added those animals exported to third countries, according to Eurostat data or any other published official statistical information for that year accepted by the Commission. For the new Member States the national ceilings shall be those contained in the following table.:
Bulls, steers, cows and heifers Calves more than 1 and less than 8 months old and of carcass weight up to 185 kg
Bulgaria 22191 101542
Czech Republic 483382 27380
Estonia 107813 30000
Cyprus 21000
Latvia 124320 53280
Lithuania 367484 244200
Hungary 141559 94439
Malta 6002 17
Poland 1815430 839518
Romania 1148000 85000
Slovenia 161137 35852
Slovakia 204062 62841
4. When in a given Member State the total number of animals, for which an application has been made in respect of one of the two groups of animals specified in (a) or (b) of paragraph 1, and which satisfy the conditions for granting the slaughter premium exceeds the national ceiling laid down for that group, the number of all eligible animals under that group per farmer for the year in question shall be reduced proportionately.
Article 131 Stocking density 1. In case of application of Article 71, the total number of animals qualifying for the special premium and the suckler-cow premium shall be limited by the application of a stocking density on the holding of two livestock units (LU) per hectare and calendar year. The stocking density shall be 1,8 LU from 1 January 2003. This stocking density shall be expressed in LU per unit of forage area of the holding used for the animals carried on it. However, a farmer shall be exempt from the application of the stocking density if the number of animals held on his holding and to be taken into account for determining the stocking density is not more than 15 LU. 2. For determining the stocking density on the holding, account shall be taken of: (a)
the male bovine animals, suckler cows and heifers, sheep and/or goats for which premium applications have been submitted, as well as the dairy cows needed to produce the total reference quantity of milk allocated to the farmer. The number of animals shall be converted to LU by reference to the following conversion table:
Male bovine animals and heifers older than 24 months, suckler cows, dairy cows 1,0 LU
Male bovine animals and heifers from six months to 24 months 0,6 LU
Sheep 0,15 LU
Goats 0,15 LU
(b)the forage area, meaning the area of the holding available throughout the calendar year for rearing bovine animals and sheep and/or goats. The forage area shall not include: buildings, woods, ponds, paths, areas used for other crops eligible for Community aid or for permanent crops or horticultural crops, except permanent pasture for which area payments are granted pursuant to Article 136 or, as the case may be, Article 96, areas qualifying for the support system laid down for the farmers producing certain arable crops, used for the aid scheme for dried fodder or subject to a national or Community set-aside scheme.
Forage area shall include areas in shared use and areas which are subject to mixed cultivation.
Article 132 Extensification payment 1. In case of application of Article 71, farmers receiving the special premium and/or the suckler cow premium may qualify for an extensification payment. 2. The extensification payment shall be EUR 100 per special premium and suckler cow premium granted, provided that in respect of the calendar year concerned the stocking density on the holding concerned is less than or equal to 1,4 LU per hectare. However, Member States may decide to grant the extensification payment at an amount of EUR 40 for a stocking density of 1,4 LU per hectare or more and less or equal to 1,8 LU per hectare, and at an amount of EUR 80 for a stocking density of less than 1,4 LU per hectare. 3. For the purposes of the application of paragraph 2: (a)by way of derogation from Article 131(2)(a), the stocking density of the holdings shall be determined by taking into account the male bovine animals, cows, and heifers present thereon during the calendar year concerned, as well as the sheep and/or goats for which premium applications have been submitted for the same calendar year. The number of animals shall be converted to LU by reference to the conversion table referred to in Article 131(2)(a); (b)without prejudice to the third indent of Article 131(2)(b), areas used for the production of arable crops as defined in Annex IX shall not be taken as "forage area"; (c)the forage area to be taken into account for the calculation of the stocking density shall consist of at least 50 % of pasture land. "Pasture land" shall be defined by Member States. The definition shall include at least the criterion that pasture land shall be grassland which, following the local farming practices is recognised as being destined for grazing bovine animals and/or sheep. However, this shall not exclude the mixed use of pasture land during the same year (pasture, hay, grass silage). 4. Without prejudice to the stocking density requirements set out in paragraph 2 of this Article, farmers in Member States where more than 50 % of milk production takes place in mountain areas within the meaning of Article 18 of Regulation (EC) No 1257/1999 and whose holdings are located in such areas, may receive extensification payments as set out in that paragraph for the dairy cows kept thereon. 5. In accordance with the procedure referred to in Article 144(2), the Commission shall if necessary, adjust the amounts set out in paragraph 2 of this Article, taking account, in particular, of the number of animals qualifying for the payment for the preceding calendar year.
Article 133 Additional payments 1. In case of application of Article 71, Member States shall, on a yearly basis, make additional payments to farmers in their territory totalling the global amounts set out in paragraph 3 of this Article. Such payments shall be made according to objective criteria including, in particular, the relevant production structures and conditions, and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. Moreover, such payments shall not be linked to fluctuations of market prices. 2. Additional payments may be made in the form of headage payments and/or area payments. 3. The following global amounts shall apply:
(EUR million)
Belgium 39,4
Czech Republic 8,776017
Denmark 11,8
Germany 88,4
Estonia 1,13451
Greece 3,8
Spain 33,1
France 93,4
Ireland 31,4
Italy 65,6
Cyprus 0,308945
Latvia 1,33068
Lithuania 4,942267
Luxembourg 3,4
Hungary 2,936076
Malta 0,0637
Netherlands 25,3
Austria 12,0
Poland 27,3
Portugal 6,2
Slovenia 2,964780
Slovakia 4,500535
Finland 6,2
Sweden 9,2
United Kingdom 63,8
Article 134 Headage payments 1. Headage payments may be granted for: (a)male bovine animals, (b)suckler cows, (c)dairy cows, (d)heifers. 2. Headage payments may be granted as supplementary amounts per slaughter premium unit as set out in Article 130, except for calves. In the other cases, the grant of headage payments shall be subject: (a)to the special conditions set out in Article 135, (b)to specific stocking density requirements to be established by Member States. 3. The specific stocking density requirements shall be established: on the basis of the forage area referred to in Article 131(2)(b), with the exception of areas for which area payments are granted in accordance with Article 136, taking account of, in particular, the environmental impact of the type of production concerned, the environmental sensitivity of the land used for rearing cattle and the measures which have been implemented with a view to stabilise or improve the environmental situation of this land.
Article 135 Conditions for the headage payment 1. Headage payments for male bovine animals may be granted per calendar year for no more than a number of animals in a Member State: equal to the regional ceiling of the Member State concerned set out in Article 123(8), or equal to the number of male bovine animals for which premiums were granted in 1997, or equal to the average number of slaughterings of male bovine animals during the years 1997, 1998 and 1999 deriving from Eurostat statistics for these years or any other published official statistical information for these years accepted by the Commission, or for the new Member States: equal to the ceilings set out in Article 123(8) or equal to the average number of slaughterings of male bovine animals during the years 2001, 2002 and 2003 deriving from Eurostat statistics for these years or any other published official statistical information for these years accepted by the Commission. Member States may also provide for a headage limit of number of male bovine animals per holding to be determined by the Member State on a national or regional basis. Only male bovine animals from the age of eight months shall be eligible. If headage payments are made at the time of slaughter, Member States may decide to replace this condition by a minimum carcase weight of at least 180 kilograms. 2. Headage payments for suckler cows and heifers qualifying for suckler cow premium under Article 125(4) and Article 129 may only be granted as a supplementary amount per suckler cow premium unit as set out in Article 125(4). 3. Headage payments for dairy cows may only be granted as amount per tonne of reference quantity eligible for premium available on the holding to be established in accordance with Article 95(2). Article 134(2)(b) shall not apply. 4. Headage payments for heifers other than those referred to in paragraph 2 may be granted per Member State and calendar year for no more than a number of heifers equal to the average number of slaughterings of heifers during the years 1997, 1998 and 1999 deriving from Eurostat statistics for these years or any other published official statistical information for these years accepted by the Commission.For the new Member States the reference years shall be 2001, 2002 and 2003.
Article 136 Area payments 1. Area payments shall be granted per hectare of permanent pasture: (a)which is available to a farmer during the calendar year concerned, (b)which is not used to comply with the specific stocking density requirements referred to in Article 134(3), and (c)in respect of which no payments under the support system laid down for farmers producing certain arable crops, under the aid system for dried fodder and under Community aid schemes for other permanent or horticultural crops are claimed for the same year. 2. The area of permanent pasture in a region for which area payments may be granted shall not exceed the relevant regional base area. Regional base areas shall be established by Member States as the average number of hectares of permanent pasture available for rearing bovine animals during the years 1995, 1996 and 1997.For the new Member States the reference years shall be 1999, 2000 and 2001. 3. The maximum area payment per hectare which may be granted, including, as the case may be, area payments pursuant to Article 96 shall not exceed EUR 350.
Article 136a Conditions of application in the new Member States In the new Member States, the global amounts referred to in Article 133(3) and the maximum area payment per hectare at EUR 350 referred to in Article 136(3) shall be applied in accordance with the schedule of increments as set out in Article 143a.
Article 137 Transmission of information Any changes of national arrangements concerning the granting of additional payments shall be communicated to the Commission not later than one month after their adoption.
Article 138 Common provisions To qualify for direct payments under this chapter, an animal shall be identified and registered in accordance with Regulation (EC) No 1760/2000.
Article 139 Ceilings The sum of the amounts of each direct payment claimed under this chapter shall not exceed a ceiling, fixed by the Commission in accordance with Article 64(2) corresponding to the component of each of these direct payments in the ceiling referred to in Article 41.However, for the new Member States, the ceiling fixed by the Commission in accordance with Article 64(2) shall correspond to the component of each of the direct payments concerned in the ceiling referred to in Article 71c. When the total amount of aid claimed exceeds the fixed ceiling, the aid per farmer shall be reduced proportionately in that year.
Article 140 Substances prohibited under Directive 96/22/EC 1. Where residues of substances prohibited under Directive 96/22/ECCouncil Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of β-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3)., or residues of substances authorised under the aforementioned act but used illegally, are detected pursuant to the relevant provisions of Directive 96/23/ECCouncil Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10). Directive as amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)., in an animal belonging to the bovine herd of a farmer, or where a non-authorised substance or product, or a substance or product authorised under Directive 96/22/EC but held illegally is found on the farmer's holding in any form, the farmer shall be excluded, for the calendar year of that discovery, from receiving the amounts provided for under this Chapter. In the event of a repeated infringement, the length of the exclusion period may, according to the seriousness of the offence, be extended to five years as from the year in which the repeated infringement was discovered. 2. In the event of obstruction on the part of the owner or holder of the animals when inspections are being carried out and when the samples are being taken which are necessary for the application if national residue-monitoring plans or when the investigations and checks provided for under Directive 96/23/EC are being carried out, the penalties provided for in paragraph 1 of this Article shall apply.
CHAPTER 13 GRAIN LEGUMES AID
Article 141 Scope of application In case of application of Article 71, Member States concerned, shall grant an aid for the production of the following grain legumes: (a)lentils other than for sowing covered by CN code ex07134000; (b)chick peas other than for sowing covered by CN code ex07132000; (c)vetches of the species Vicia sativa L. and Vicia ervilla Willd. covered by CN code ex07139090 (other).
Article 142 Aid 1. The aid shall be granted by marketing year for the production of the grain legumes covered by Article 141. The marketing year shall run from 1 July to 30 June. An arable plot which is the subject of an application for aid per hectare under a system financed in accordance with Article 1(2)(b) of Regulation (EC) No 1258/1999 shall be excluded from eligibility for payment of the aid provided for by this system. 2. Without prejudice to Article 143, the aid per hectare of area sown and harvested shall be EUR 181 per hectare.
Article 143 Ceiling The sum of the aid claimed shall not be higher than a ceiling fixed by the Commission in accordance with Article 64(2), corresponding to the component of grain legumes area payments referred to in Annex VI in the national ceiling referred to in Article 41. However, for the new Member States, the ceiling fixed by the Commission in accordance with Article 64(2) shall correspond to the component of grain legumes area payments referred to in Annex VI in the national ceiling referred to in Article 71c. When the total amount of aid claimed exceeds the fixed ceiling, the aid per farmer shall be reduced proportionately in that year.
TITLE IVAIMPLEMENTATION OF SUPPORT SCHEMES IN THE NEW MEMBER STATES
Article 143a Introduction of support schemes In the new Member States direct payments shall be introduced in accordance with the following schedule of increments expressed as a percentage of the then applicable level of such payments in the Community as constituted on 30 April 2004: 25 % in 2004, 30 % in 2005, 35 % in 2006, 40 % in 2007, 50 % in 2008, 60 % in 2009, 70 % in 2010, 80 % in 2011, 90 % in 2012, 100 % as from 2013. However, for Bulgaria and Romania direct payments shall be introduced in accordance with the following schedule of increments expressed as a percentage of the then applicable level of such payments in the Community as constituted on 30 April 2004: 25 % in 2007, 30 % in 2008, 35 % in 2009, 40 % in 2010, 50 % in 2011, 60 % in 2012, 70 % in 2013, 80 % in 2014, 90 % in 2015, 100 % as from 2016.
Article 143b Single Area Payment scheme 1. The new Member States may decide not later than on the date of accession to replace the direct payments, with the exception of the aid for energy crops established in Chapter 5 of Title IV and of the transitional soft fruit payment established in Chapter 10h of Title IV, during the period of application referred to in paragraph 9, by a single area payment which shall be calculated in accordance with paragraph 2. 2. The single area payment shall be made once a year. It shall be calculated by dividing the annual financial envelope established according to paragraph 3 by the agricultural area of each new Member State established according to paragraph 4. 3. For any new Member State, the Commission shall establish an annual financial envelope: as the sum of the funds that would be available in respect of the calendar year concerned for granting direct payments in the new Member State, according to the relevant Community rules and on the basis of the quantitative parameters, such as base areas, premium ceilings and Maximum Guaranteed Quantities (MGQ), specified in the Act of Accession and subsequent Community legislation for each direct payment, and adjusted using the relevant percentage specified in Article 143a for the gradual introduction of direct payments, except for the amounts available in accordance with point 2 of point K of Annex VII or in accordance with the differential between these amounts and those actually applied as referred to in Article 143ba(4), and except for the amounts corresponding to the fruits and vegetable sector in accordance with paragraphs 3 and 4 of Article 68b or in accordance with the differential between these amounts and those actually applied as referred to in Articles 143bb(4) and 143bc(3). 4. The agricultural area of a new Member State under the single area payment scheme shall be the part of its utilised agricultural area which has been maintained in good agricultural condition at 30 June 2003, whether in production or not at that date, and, where appropriate, adjusted in accordance with the objective criteria to be set by that new Member State after approval by the Commission. "Utilised agricultural area" shall mean the total area taken up by arable land, permanent grassland, permanent crops and kitchen gardens as established by the Commission (EUROSTAT) for its statistical purposes. However, for Bulgaria and Romania, the agricultural area under the single area payment scheme shall be the part of its utilised agricultural area which is maintained in good agricultural condition, whether in production or not, where appropriate adjusted in accordance with the objective criteria to be set by Bulgaria or Romania after approval by the Commission. 5. For the purpose of granting payments under the single area payment scheme, all agricultural parcels corresponding to the criteria provided for in paragraph 4, as well as agricultural parcels planted with short rotation coppice (CN code ex06029041) which have been maintained in good agricultural condition as at 30 June 2003 and which are subject to an application for the aid for energy crops provided for in Article 88, shall be eligible. However, for Bulgaria and Romania, all agricultural parcels corresponding to the criteria provided for in paragraph 4, as well as agricultural parcels planted with short rotation coppice (CN code ex06029041) which are subject to an application for the aid for energy crops provided for in Article 88, shall be eligible. The minimum size of eligible area per holding for which payments may be requested shall be 0,3 ha. However, any new Member State may decide, on the basis of objective criteria and after approval by the Commission, to set the minimum size at a higher level not exceeding 1 ha. Except in case of force majeure or exceptional circumstances, the parcels referred to in the first subparagraph shall be at the farmer’s disposal on the date fixed by the Member State which shall be no later than the date fixed in that Member State for amendment of the aid application. 6. There shall be no obligation to produce or to employ the factors of production. However, farmers may use the land referred to in paragraph 4 for any agricultural purpose. In the case of production of hemp falling within CN code 53021000, Article 5a(2) of Council Regulation (EC) No 1251/1999Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops (OJ L 160, 26.6.1999, p. 1). and Article 7b of Commission Regulation (EC) No 2316/1999Commission Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops (OJ L 280, 30.10.1999, p. 43). as well as Article 52(1) of this Regulation shall apply. Any land benefiting from payments under the single area payment scheme shall be maintained in good agricultural condition compatible with the protection of the environment. As from 1 January 2005 and until 31 December 2008 the application of Articles 3, 4, 6, 7 and 9 shall be optional for the new Member States insofar as those provisions relate to statutory management requirements. As from 1 January 2009 a farmer receiving payments under the single area payment scheme in those Member States shall respect the statutory management requirements referred to in Annex III according to the following timetable: (a)requirements referred to in point A of Annex III shall apply from 1 January 2009; (b)requirements referred to in point B of Annex III shall apply from 1 January 2011; (c)requirements referred to in point C of Annex III shall apply from 1 January 2011. However, for Bulgaria and Romania, the application of Articles 3, 4, 6, 7 and 9 shall be optional until 31 December 2011 insofar as those provisions relate to statutory management requirements. As from 1 January 2012 a farmer receiving payments under the single area payment scheme in those Member States shall respect the statutory management requirements referred to in Annex III according to the following timetable: (a)requirements referred to in point A of Annex III shall apply from 1 January 2012; (b)requirements referred to in point B of Annex III shall apply from 1 January 2014; (c)requirements referred to in point C of Annex III shall apply from 1 January 2014. The new Member States may also apply the option provided for in the third subparagraph where they decide to terminate the application of the single area payment scheme before the end of the period of application provided for in paragraph 9. 7. Where in a given year the single area payments in a new Member State would exceed its annual financial envelope, the national amount per hectare applicable in that new Member State shall be reduced proportionately by application of a reduction coefficient. 8. The Community rules on the integrated system laid down respectively in Council Regulation (EEC) No 3508/92Council Regulation (EEC) No 3508/92 establishing an integrated administration and control system for certain Community aid schemes (OJ L 355, 5.12.1992, p. 1)., and in particular Article 2 thereof, and in Chapter 4 of Title II of this Regulation, and in particular Article 18, shall apply to the single area payment scheme to the extent necessary. Accordingly, any new Member State choosing this scheme shall: prepare and process farmers' annual aid applications. Such applications shall contain data on applicants and on declared agricultural parcels (identification number and area); put in place a land parcel identification system so as to ensure that the parcels for which aid applications have been made can be identified and their area established, that the parcels concern agricultural land and that they are not the subject of another application; have in place a computerised database for agricultural holdings, parcels and aid applications; check the aid applications pertaining to the year 2004 in accordance with Articles 7 and 8 of Regulation (EEC) No 3508/92 and those pertaining to any year as from 2005 in accordance with Article 23 of this Regulation. The application of the single area payment scheme shall not in any way affect the obligation of any new Member State with regard to the implementation of Community rules on the identification and registration of animals as provided for by Council Directive 92/102/EECCouncil Directive 92/102/EEC on the identification and registration of animals (OJ L 355, 5.12.1992, p. 32). and Regulation (EC) No 1760/2000 of the European Parliament and of the CouncilRegulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).. 9. For any new Member State the single area payment scheme shall be available for a period of application until the end of 2010. However, for Bulgaria and Romania, the single area payment scheme shall be available for a period of application until the end of 2011. New Member States shall notify the Commission of their intention to terminate the application of the scheme by 1 August of the last year of application. 10. Before the end of the period of application of the single area payment scheme, the Commission shall assess the state of preparedness of the new Member State concerned to apply fully the direct payments. In particular, by the end of the period of application of the single area payment scheme, the new Member State shall have taken all necessary steps to set up the integrated system as referred to in Article 18 for running properly the direct payments in the form then applicable. 11. On the basis of its assessment, the Commission shall: (a)note that the new Member State can enter the system of direct payments applied in the Member States of the Community as constituted on 30 April 2004, or (b)decide to extend the application of the single area payment scheme by the new Member State for the period estimated necessary to allow for the necessary management and control procedures to be fully in place and to function properly. Before the end of the extended application period referred to in point (b), paragraph 10 shall apply. Until the end of the period of application of the single area payment scheme as referred to in paragraph 9, the percentage rate set out in Article 143a shall apply. If the application of the single area payment scheme is extended beyond the end of 2010 pursuant to a decision taken under point (b) of the first subparagraph of this paragraph, the percentage rate set out in Article 143a for 2010 shall apply until the end of the last year of application of the single area payment scheme. For Bulgaria and Romania, until the end of the 5 year period of application of the single area payment scheme (i.e. 2011), the percentage rate set out in the second paragraph of Article 143a shall apply. If the application of the single area payment scheme is extended beyond that date pursuant to a decision taken under point (b), the percentage rate set out in the second paragraph of Article 143a for the year 2011 shall apply until the end of the last year of application of the single area payment scheme. 12. After the end of the period of application of the single area payment scheme, the direct payments shall be applied according to the relevant Community rules and on the basis of the quantitative parameters, such as base area, premium ceilings and Maximum Guaranteed Quantities (MGQ), specified in the Act of AccessionOJ L 236, 23.9.2003, p. 33. for each direct payment and subsequent Community legislation. The percentage rates set out in Article 143a for the relevant years shall subsequently apply. 13. New Member States shall inform the Commission in detail of the measures taken to implement this Article and in particular the measures taken pursuant to paragraph 7.
Article 143ba Separate sugar payment 1. By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide by 30 April 2006 to grant in respect of the years 2006 to 2010 a separate sugar payment to farmers eligible under the single area payment scheme.It shall be granted in respect of a representative period which could be different for each product of one or more of the marketing years 2004/2005, 2005/2006 and 2006/2007 to be determined by Member States before 30 April 2006, and on the basis of objective and non-discriminatory criteria such as: the quantities of sugar beet, cane or chicory covered by delivery contracts concluded in accordance with Article 19 of Regulation (EC) No 1260/2001 or Article 6 of Regulation (EC) No 318/2006 as appropriate, the quantities of sugar or inulin syrup produced in accordance with Regulation (EC) No 1260/2001 or Regulation (EC) No 318/2006 as appropriate, the average number of hectares under sugar beet, cane or chicory used for the production of sugar or inulin syrup and covered by delivery contracts concluded in accordance with Article 19 of Regulation (EC) No 1260/2001 or Article 6 of Regulation (EC) No 318/2006 as appropriate. However, where the representative period includes the marketing year 2006/2007, this marketing year shall be replaced by the marketing year 2005/2006 for farmers affected by a renunciation of quota in the marketing year 2006/2007 as provided for in Article 3 of Regulation (EC) No 320/2006. In the case of Bulgaria and Romania: (a)the date of 30 April 2006 referred to in the first subparagraph shall be replaced by 15 February 2007; (b)the separate sugar payment may be granted in respect of the years from 2007 until 2011; (c)the representative period referred to in the first subparagraph may be different for each product of one or more of the marketing years 2004/2005, 2005/2006, 2006/2007 and 2007/2008; (d)where the representative period includes the marketing year 2007/2008, this marketing year shall be replaced by the marketing year 2006/2007 for farmers affected by a renunciation of quota in the marketing year 2007/2008 as provided for in Article 3 of Regulation (EC) No 320/2006. 2. The separate sugar payment shall be granted within the limits of the ceilings set out in point K of Annex VII. 3. By way of derogation from paragraph 2, each new Member State concerned may decide by 31 March of the year in respect of which the separate sugar payment is granted and on the basis of objective criteria to apply for the separate sugar payment a ceiling lower than that listed in point K of Annex VII. Where the sum of the amounts determined in accordance with paragraph 1 exceeds the ceiling decided by the new Member State concerned, the annual amount to be granted to the farmers shall be reduced proportionally. 3a. For 2007, for Bulgaria and Romania, the date of 31 March referred to in the paragraph 3 shall be replaced by 15 February 2007. 4. The funds made available for granting the separate sugar payment in accordance with paragraphs 1, 2 and 3 shall not be included in the annual financial envelope referred to in Article 143b(3). In case of application of paragraph 3 of this Article the differential between the ceiling listed in point K of Annex VII and that actually applied shall be included in the annual financial envelope referred to in Article 143b(3). 5. Articles 143a and 143c shall not apply to the separate sugar payment. 6. In the case of actual or anticipated inheritance, the separate sugar payment shall be granted to the farmer who inherited the holding, under the condition that this farmer is eligible under the single area payment scheme.
Article 143bb Separate fruit and vegetables payment 1. By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide, by 1 November 2007, to grant a separate fruit and vegetables payment to farmers eligible under the single area payment scheme. It shall be granted on the basis of objective and non-discriminatory criteria such as those set out in the first paragraph of point M of Annex VII and in respect of a representative period as set out in that paragraph. 2. The separate fruit and vegetables payment shall be granted within the limits of the component of the national ceiling referred to in Article 71c corresponding to fruit and vegetables. 3. By way of derogation from paragraph 2, each new Member State concerned may decide, by 1 November 2007, on the basis of objective criteria to apply for the separate fruit and vegetables payment a lower ceiling than that set out in that paragraph. 4. The funds made available for granting the separate fruit and vegetables payment in accordance with paragraphs 1, 2 and 3 shall not be included in the annual financial envelope referred to in Article 143b(3). 5. Articles 143a and 143c shall not apply to the separate fruit and vegetables payment. 6. In the case of actual or anticipated inheritance, the separate fruit and vegetables payment shall be granted to the farmer who inherited the holding, under the condition that this farmer is eligible under the single area payment scheme.
Article 143bc Transitional fruit and vegetables payment 1. By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide, by 1 November 2007, to retain, until 31 December 2011, up to 50 % of the component of national ceilings referred to in Article 41 corresponding to tomatoes falling within CN code 07020000.In this case and within the limit of the ceiling fixed in accordance with the procedure referred to in Article 144(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted to farmers producing tomatoes under the conditions provided for in Chapter 10g of Title IV. 2. By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide, by 1 November 2007, to retain: (a)until 31 December 2010, up to 100 % of the component of national ceilings referred to in Article 71c corresponding to the fruit and vegetable crops other than annual crops listed in the third subparagraph of Article 68b(2); (b)from 1 January 2011 until 31 December 2012, up to 75 % of the component of national ceilings referred to in Article 71c corresponding to fruit and vegetable crops other than annual crops listed in the third subparagraph of Article 68b(2).In this case and within the limit of the ceiling fixed in accordance with the procedure referred to in Article 144(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.The additional payment shall be granted to farmers producing one or more of the fruit and vegetables, as determined by the Member State concerned, listed in the third subparagraph of Article 68b(2). 3. The funds made available for granting the transitional fruit and vegetables payment in accordance with paragraphs 1 and 2 shall not be included in the annual financial envelope referred to in Article 143b(3). 4. Articles 143a and 143c shall not apply to the transitional fruit and vegetables payment.
Article 143c Complementary national direct payments and direct payments 1. For the purposes of this Article: "CAP-like national scheme" shall mean any national direct payment scheme applicable prior to the date of accession of the new Member States under which the support was granted to farmers in respect of production covered by one of the direct payments. 2. The new Member States shall have the possibility, subject to authorisation by the Commission, of complementing any direct payments up to: (a)with regard to all direct payments, 55 % of the level of direct payments in the Community as constituted on 30 April 2004 in 2004, 60 % in 2005 and 65 % in 2006 and from 2007 up to 30 percentage points above the applicable level referred to in Article 143a in the relevant year. As far as Bulgaria and Romania are concerned, the following shall apply: 55 % of the level of direct payments in the Community as constituted on 30 April 2004 in 2007, 60 % in 2008 and 65 % in 2009 and from 2010 up to 30 percentage points above the applicable level referred to in the second paragraph of Article 143a in the relevant year. However, the Czech Republic may complement direct payments in the potato starch sector up to 100 % of the level applicable in the Community as constituted on 30 April 2004. However, for the direct payments referred to in Chapter 7 of Title IV of this Regulation the following maximum rates shall apply: 85 % in 2004, 90 % in 2005, 95 % in 2006 and 100 % as from 2007. As far as Bulgaria and Romania are concerned, the following maximum rates shall apply: 85 % in 2007, 90 % in 2008, 95 % in 2009 and 100 % as from 2010; or (b) (i)with regard to direct payments other than the single payment scheme, the total level of direct support the farmer would have been entitled to receive, on a product by product basis, in the new Member State in the calendar year 2003 under a CAP-like national scheme increased by 10 percentage points. However for Lithuania the reference year shall be the calendar year 2002. For Bulgaria and Romania the reference year shall be the calendar year 2006. For Slovenia the increase shall be 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points from 2007; (ii)with regard to the single payment scheme the total amount of complementary national direct aid which may be granted by a new Member State in respect of a given year shall be limited by a specific financial envelope. This envelope shall be equal to the difference between: the total amount of CAP-like national direct support that would be available in the relevant new Member State in respect of the calendar year 2003 or, in the case of Lithuania, of the calendar year 2002, each time increased by 10 percentage points. However, for Bulgaria and Romania the reference year shall be the calendar year 2006. For Slovenia the increase shall be 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points from 2007,and the national ceiling of that new Member State listed in Annex VIIIa adjusted, where appropriate, in accordance with Articles 64(2) and 70(2).For the purpose of calculating the total amount referred to in the first indent above, the national direct payments and/or its components corresponding to the Community direct payments and/or its components which were taken into account for calculating the effective ceiling of the new Member State concerned in accordance with Articles 64(2), 70(2) and 71c shall be included.For each direct payment concerned a new Member State may choose to apply either option (a) or (b) above.The total direct support the farmer may be granted in the new Member States after accession under the relevant direct payment including all complementary national direct payments shall not exceed the level of direct support the farmer would be entitled to receive under the corresponding direct payment then applicable to the Member States in the Community as constituted on 30 April 2004. 3. Cyprus may complement direct aid paid to a farmer under any direct payments listed in Annex I up to the total level of support the farmer would have been entitled to receive in Cyprus in 2001. The Cypriot authorities shall ensure that the total direct support the farmer is granted after accession in Cyprus under the relevant direct payment including all complementary national direct payments in no case exceeds the level of direct support the farmer would be entitled to receive under that direct payment in the relevant year in the Community as constituted on 30 April 2004. The total amounts of complementary national aid to be granted shall be those indicated in Annex XII. The complementary national aid to be granted shall be subject to any adjustments which may be rendered necessary by developments in the common agricultural policy. The paragraphs 2 and 5 shall not apply to Cyprus. 4. If a new Member State decides to apply the single area payment scheme, that new Member State may grant complementary national direct aid under the conditions referred to in paragraphs 5 and 8. 5. In respect of the year 2004, the total amount per (sub)sector of complementary national aid granted in that year when applying the single area payment scheme shall be limited by a specific financial envelope per (sub)sector. This envelope shall be equal to the difference between: the total amount of support per (sub)sector resulting from the application of the points (a) or (b) of paragraph 2, as appropriate, and the total amount of direct support that would be available in the relevant new Member State for the same (sub)sector in the year concerned under the single area payment scheme. In respect of any year as from 2005 the requirement to operate the above limitation by means of applying (sub)sector specific financial envelopes shall not apply. However, the new Member States shall retain the right to apply (sub)sector specific financial envelopes, provided that such a (sub)sector specific financial envelope may only relate to the direct payments combined to the single payment scheme, and/or one or more of the direct payments that are excluded or may be excluded from the single payment scheme in accordance with Article 70(2) or may be subject to partial implementation as referred to in Article 64(2). 6. The new Member State may decide on the basis of objective criteria and after authorisation by the Commission, on the amounts of complementary national aid to be granted. 7. The authorisation by the Commission shall: where point (b) of paragraph 2 applies, specify the relevant CAPlike national direct payment schemes, define the level up to which the complementary national aid may be paid, the rate of the complementary national aid and, where appropriate, the conditions for the granting thereof, be granted subject to any adjustments which may be rendered necessary by developments in the common agricultural policy. 8. No complementary national payments or aid shall be granted for agricultural activities in respect of which direct payments are not foreseen in the Community as constituted on 30 April 2004. 9. Cyprus may, in addition to the complementary national direct payments, grant transitional and degressive national aid until the end of 2010. This State aid shall be granted in a form similar to Community aid, such as decoupled payments. Taking into account the nature and amount of national support granted in 2001, Cyprus may grant State aid to the (sub)sectors listed in Annex XIII and up to the amounts specified in that Annex. The State aid to be granted shall be subject to any adjustments which may be rendered necessary by developments in the common agricultural policy. Should such adjustments prove necessary, the amount of the aid or the conditions for the granting thereof shall be amended on the basis of a decision by the Commission. Cyprus shall submit an annual report to the Commission on the implementation of the State aid measures, indicating the aid forms and amounts per (sub)sector. 10. Latvia may, in addition to the complementary national direct payments, grant transitional and degressive national aid until the end of 2008. This State aid shall be granted in a form similar to Community aid, such as decoupled payments. Latvia may grant State aid to the (sub)sectors listed in Annex XIV up to the amounts specified in that Annex. The State aid to be granted shall be subject to any adjustments which may be rendered necessary by developments in the common agricultural policy. Should such adjustments prove necessary, the amount of the aid or the conditions for the granting thereof shall be amended on the basis of a decision by the Commission. Latvia shall submit an annual report to the Commission on the implementation of the State aid measures, indicating the aid forms and amounts per (sub)sector.
TITLE IVB FINANCIAL TRANSFERS
Article 143d Financial transfer for restructuring in the cotton regions As from budget year 2007, an amount of EUR [22 million], originating from the average expenditure for cotton in the years 2000, 2001 and 2002, shall be available per calendar year as additional Community support for measures in cotton producing regions under rural development programming financed under the EAGGF "Guarantee" Section according to Regulation (EC) No 1257/1999.
Article 143e Financial transfer for restructuring in the tobacco regions As from budget year 2011, an amount of EUR 484 million representing 50 percent of the three-year average total aid amount in the years 2000, 2001 and 2002 for the subsidised tobacco shall be available as additional Community support for measures in tobacco producing regions under rural development programming financed under the EAGGF "Guarantee" Section according to Regulation (EC) No 1257/1999, for those Member States in which the tobacco producers received aid in accordance with Regulation (EC) No 2075/92 during the years 2000, 2001 and 2002.
TITLE V TRANSITIONAL AND FINAL RULES
Article 144 Management Committee for Direct Payments 1. The Commission shall be assisted by the Management Committee for Direct Payments, consisting of representatives of the Member States and chaired by a representative of the Commission. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month. 3. The Committee shall adopt its Rules of Procedure.
Article 145 Implementing Rules In accordance with the procedure referred to in Article 144(2), detailed rules shall be adopted for the implementation of this Regulation. They shall include in particular: (a)detailed rules related to the establishment of a farm advisory system; (b)detailed rules related to the definition of the criteria for the allocation of amounts made available by the application of modulation; (c)detailed rules related to the granting of aids provided for in this Regulation, including eligibility conditions, dates of application and payment and control provisions as well as checking and establishing entitlement to the aids including any necessary exchange of data with the Member States, and the establishment of the overrun of the base areas or maximum guaranteed areas as well as detailed rules concerning the withdrawal and reallocation of unused premium rights established under Chapter 11 and 12; (d)with regard to the single payment scheme, detailed rules relating in particular to the establishment of national reserve, the transfer of entitlements, the definition of permanent crops, permanent pastures, agricultural land and grassland, the options provided for in Chapters 5 and 6 of Title III and the list of crops allowed on the set-aside land as well as detailed rules relating to compliance with the Memorandum of Understanding on certain oil seeds between the European Economic Community and the United States of America within the framework of the GATT approved by Decision 93/355/EECOJ L 147, 18.6.1993, p. 25.; (d)a)detailed rules relating to the implementation of the provisions in Title IVa; (d)b)detailed rules relating to the inclusion of sugar beet, cane and chicory support into the single payment scheme and relating to the payments referred to in Chapters 10e and 10f; (d)c)detailed rules relating to the inclusion of banana support into the Single Payment Scheme; (d)d)detailed implementing rules relating to the inclusion of fruit and vegetables, ware potatoes and nurseries support in the single payment scheme and relating to the payments referred to in Chapters 10g and 10h of Title IV; (e)with regard to durum wheat, detailed rules relating to the quantities of certified seeds and recognised varieties; (f)with regard to energy crops, detailed rules relating to the definition of crops covered by the scheme, minimal requirements for the contract, control measures on the quantity processed and processing on the holding; (g)with regard to hemp grown for fibre, detailed rules relating to the specific control measures and methods for determining tetrahydrocannabinol levels including the arrangements for contracts and to the commitment referred to in Article 52; (h)such amendments to Annex I as may become necessary taking into account the criteria set out in Article 1; (i)such amendments to Annexes II, VI, VII, IX, X and XI as may become necessary, taking into account in particular new Community legislation and, as far as it concerns Annexes VIII and VIIIa, in case of application of Articles 62 and 71i respectively and, as the case may be, in function of the information communicated by the Member States in relation to the part of the reference amounts corresponding to the payments for arable crops, as well as the amounts of the ceilings themselves, to be increased in function of the difference between the area actually determined and the area for which premiums were paid for arable crops in 2000 and 2001, in application of Article 9(2) and (3) of Commission Regulation (EEC) No 3887/92OJ L 327, 12.12.2001, p. 11., within the limit of the base areas (or maximum guaranteed area for durum wheat) and taking into account the average national yield used for the calculation of Annex VIII; (j)the basic features of the identification system for agricultural parcels and their definition; (k)any amendments which may be made to the aid application and exemption from the requirement to submit an aid application; (l)rules on the minimum amount of information to be included in the aid applications; (m)rules on the administrative and on-the-spot checks and the checks by remote sensing; (n)rules on the application of reductions and exclusions from payments in case of non-compliance with the obligations referred to in Articles 3 and 24, including cases of non-application of reductions and exclusions; (o)such amendments to Annex V as may become necessary taking into account the criteria set out in Article 26; (p)communications between the Member States and the Commission; (q)measures which are both necessary and duly justified to resolve, in an emergency, practical and specific problems, in particular those related to the implementation of Chapter 4 of Title II and Chapters 5 and 6 of Title III. Such measures may derogate from certain parts of this Regulation, but only to the extent that, and for such a period as, is strictly necessary; (r)with regard to cotton, detailed rules in respect of: the calculation of the reduction of the aid provided for in Article 110c(3), the approved inter-branch organisations, in particular their financing and a control and sanction system; (s)with regard to the single payment scheme, detailed rules for the calculation and/or for the adjustment of payment entitlements, for the purpose of integrating in the scheme production aid to cotton, olive oil, tobacco and hops.
Article 146 Transmission of information to the Commission Member States shall inform the Commission in detail of the measures taken to implement this Regulation and, in particular, those relating to Articles 5, 13, 42, 58, 71d and 71e.
Article 147 Amendments to Regulations (EEC) No 2019/93, (EC) No 1452/2001, No 1453/2001, No 1454/2001 1)Article 6 of Regulation (EEC) No 2019/93 shall be replaced by the following:
"Article 6 1. In case of application of the exclusion provided for in Article 70 of Council Regulation (EC) No 1782/2003OJ L 270, 21.10.2003, p. 1. of 29 September 2003 establishing common rules for direct support schemes under the Common Agricultural Policy and establishing certain support schemes for farmers, the Hellenic Republic shall present to the Commission a programme to assist traditional activities connected with beef and veal, as well as sheep and goat production, within the limits of the consumption needs of minor Aegean Islands. The programme shall be prepared and implemented by the competent authorities designated by the Member State. 2. The Community shall finance the programme up to an annual amount equal to the sum of premiums actually paid in 2003 pursuant to Regulation (EC) No 1254/1999OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)., to this Regulation and to Regulation (EC) No 2529/2001OJ L 341, 22.12.2001, p. 3." for producers established in the minor Aegean Islands. The Commission shall increase such amount in order to take into consideration the development of the local production. However, the annual amount shall in no case be higher than the sum of the ceilings applicable in 2003 for beef premiums pursuant to this Regulation multiplied by the base and complementary premiums and payments applicable in 2003 and the sum of all premiums rights held by producers established in the minor Aegean Islands at the date of 30 June 2003 pursuant to Regulation (EC) No 2529/2001 and the pertinent proportion of the national reserve multiplied by the premiums and payments applicable in 2003. 3. The Commission shall adopt the implementing arrangements, approve and modify the programme as well as fix and increase the amount provided for in paragraph 2, first subparagraph, of this Article in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003 + The Commission may, in accordance with the same procedure, revise the limit set forth in paragraph 2, second subparagraph. 4. Before 15 April every year, Greek authorities shall present a report on the implementation of the programme.
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OJ L 270, 21.10.2003, p. 1.OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).OJ L 341, 22.12.2001, p. 3."
2)Article 9 of Regulation (EC) No 1452/2001 shall be replaced by the following:
"Article 9 1. In case of application of the exclusion provided for in Article 70 of Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmersOJ L 270, 21.10.2003, p. 1., France shall present to the Commission programmes to assist traditional activities connected with beef and veal, as well as sheep and goat production and measures to improve product quality, within the limits of the consumption needs of the French Overseas Departments. The programmes shall be prepared and implemented by the competent authorities designated by the Member State. 2. The Community shall finance the programmes up to an annual amount equal to the sum of premiums actually paid in 2003 pursuant to Regulation (EC) No 1254/1999OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)., to this Regulation and to Regulation (EC) No 2529/2001OJ L 341, 22.12.2001, p. 3." for producers established in the French Overseas Departments. The Commission shall increase such amount in order to take into consideration the development of the local production. However, the annual amount shall in no case be higher than the sum of the ceilings applicable in 2003 for beef premiums pursuant to Regulation (EC) No 1452/2001 multiplied by the base and complementary premiums and payments applicable in 2003 and the sum of all premiums rights held by producers established in the French Overseas Departments at the date of 30 June 2003 pursuant to Regulation (EC) No 2529/2001 and the pertinent proportion of the national reserve multiplied by the premiums and payments applicable in 2003. 3. The Commission shall adopt the implementing arrangements, approve and modify the programmes as well as fix and increase the amount provided for in paragraph 2, first subparagraph of this Article, in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003. The Commission may, in accordance with the same procedure, revise the limit set forth in paragraph 2, second subparagraph. 4. Before 15 April every year, French authorities shall present a report on the implementation of the programmes.
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OJ L 270, 21.10.2003, p. 1.OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).OJ L 341, 22.12.2001, p. 3."
3)Regulation (EC) No 1453/2001 is hereby amended as follows: (a)Article 13 shall be replaced by the following:
"Article 13 1. In case of application of the exclusion provided for in Article 70 of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmersOJ L 270, 21.10.2003, p. 1., the Portuguese Republic shall present to the Commission a programme to assist traditional activities connected with beef and veal, as well as sheep and goat production and measures to improve product quality, within the limits of the consumption needs of Madeira. The programme shall be prepared and implemented by the competent authorities designated by the Member State. 2. The Community shall finance the programme up to an annual amount equal to the sum of premiums actually paid in 2003 pursuant to Regulation (EC) No 1254/1999OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)., to this Regulation and to Regulation (EC) No 2529/2001OJ L 341, 22.12.2001, p. 3." for producers established in Madeira. The Commission shall increase such amount in order to take into consideration the development of the local production. However, the annual amount shall in no case be higher than the sum of the ceilings applicable in 2003 for beef premiums pursuant to Regulation (EC) No 1453/2001 multiplied by the base and complementary premiums and payments applicable in 2003 and the sum of all premiums rights held by producers established in Madeira at the date of 30 June 2003 pursuant to Regulation (EC) No 2529/2001 and the pertinent proportion of the national reserve multiplied by the premiums and payments applicable in 2003. 3. The Commission shall adopt the implementing arrangements, approve and modify the programme as well as fix and increase the amount provided for in paragraph 2, first subparagraph, of this Article in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003. The Commission may, in accordance with the same procedure, revise the limit set forth in paragraph 2, second subparagraph. 4. Before 15 April every year, the Portuguese Republic authorities shall present a report on implementation of the programme.
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OJ L 270, 21.10.2003, p. 1.OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).OJ L 341, 22.12.2001, p. 3."
(b)Article 22(2) to (5) shall be replaced by the following: "2. In case of application of the exclusion provided for in Article 70 of Council Regulation (EC) No 1782/2003 +, the Portuguese Republic shall present to the Commission a programme to assist traditional activities connected with beef and veal, as well as sheep and goat production and measures to improve product quality. The programme shall be prepared and implemented by the competent authorities designated by the Member State. 3. The Community shall finance the programme up to an annual amount equal to the sum of premiums actually paid in 2003 pursuant to Regulation (EC) No 1254/1999, to this Regulation and to Regulation (EC) No 2529/2001 for producers established in the Azores. The Commission shall increase such amount in order to take into consideration the development of the local production. However, the annual amount shall in no case be higher than the sum of the ceilings applicable in 2003 for beef premiums pursuant to this Regulation multiplied by the base and complementary premiums a and payments applicable in 2003 and the sum of all premiums rights held by producers established in the Azores at the date of 30 June 2003 pursuant to Regulation (EC) No 2529/2001 and to Regulation (EC) No 1254/1999 for suckler cows premiums, and the pertinent proportions of the national reserves thereof multiplied by the premiums and payments applicable in 2003. In case of application of Article 68(a)(i) of Regulation (EC) No 1782/2003 the Portuguese Republic authorities may increase the ceiling for suckler cow for the Azores by transferring suckler cow premium rights from the national ceiling. In this case, the corresponding amount shall be transferred from the ceiling fixed in application of Article 68(a)(i) of Regulation (EC) No 1782/2003 to the ceiling referred to in the second subparagraph of paragraph 3 of this Article. 4. The Commission shall adopt the implementing arrangements, approve and modify the programme as well as fix and increase the amount provided for in paragraph 3, first subparagraph of this Article, in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003. The Commission may, in accordance with the same procedure, revise the limit set forth in paragraph 2, second subparagraph. 5. Before 15 April every year the Portuguese Republic authorities shall present a report on implementation of the programme." (c)Article 22(6) shall be repealed. (d)Article 23 shall be replaced by the following:
"Article 23 For a transitional period covering the 1999/2000 to 2004/2005 marketing years, for the purposes of sharing the additional levy between the producers referred to in the second sentence of Article 2(1) of Regulation (EEC) No 3950/92OJ L 405, 31.12.1992, p. 1. Regulation as last amended by Commission Regulation (EC) No 572/2003 (OJ L 82, 29.3.2003, p. 20).", only producers as defined in Article 9(c) of that Regulation, established and producing in the Azores, who market quantities exceeding their reference quantity increased by the percentage referred to in the third subparagraph shall be deemed to have contributed to the overrun. The additional levy shall be due on quantities exceeding the increased reference quantity after reallocation of the unused quantities within the margin resulting from this increase among the producers referred to in the first paragraph and in proportion to the reference quantity available to each producer. The percentage referred to in the first paragraph shall be equal to the ratio between the quantities respectively, of 73000 tonnes for the period 1999/2000 to 2003/2004 and 61500 tonnes for the 2004/2005 marketing years, and the total of the reference quantities available on each holding on 31 March 2000. It shall apply for each producer only to the reference quantities available to that producer on 31 March 2000.
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OJ L 405, 31.12.1992, p. 1. Regulation as last amended by Commission Regulation (EC) No 572/2003 (OJ L 82, 29.3.2003, p. 20)."
4)Regulation (EC) No 1454/2001 is hereby amended as follows: (a)Article 5 shall be replaced by the following:
"Article 5 1. In case of application of the exclusion provided for in Article 70 of Council Regulation (EC) No 1782/2003 + of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmersOJ L 270, 21.10.2003, p. 1. the Kingdom of Spain shall present to the Commission a programme to assist traditional activities connected with beef and veal, as well as sheep and goat production and measures to improve product quality, within the limits of the consumption needs of Canary Islands. The programme shall be prepared and implemented by the competent authorities designated by the Member State. 2. The Community shall finance the programme up to an annual amount equal to the sum of premiums actually paid in 2003 pursuant to Regulation (EC) No 1254/1999OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)., to this Regulation and to Regulation (EC) No 2529/2001OJ L 341, 22.12.2001, p. 3." for producers established in the Canary Islands. The Commission shall increase such amount in order to take into consideration the development of the local production. However, the annual amount shall in no case be higher than the sum of the ceilings applicable in 2003 for beef premiums pursuant to Regulation (EC) No 1454/2001 multiplied by the base and complementary premiums and payments applicable in 2003 and the sum of all premiums rights held by producers established in the Canary Islands at the date of 30 June 2003 pursuant to Regulation (EC) No 2529/2001 and the pertinent proportion of the national reserve multiplied by the premiums and payments applicable in 2003. 3. The Commission shall adopt the implementing arrangements, approve and modify the programme as well as fix and increase the amount provided for in paragraph 2, first subparagraph, of this Article in accordance with the procedure referred to in Article 144(2) of Regulation (EC) No 1782/2003. The Commission may, in accordance with the same procedure, revise the limit set forth in paragraph 2, second subparagraph. 4. Before 15 April every year, the Kingdom of Spain authorities shall present a report on implementation of the programme.
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OJ L 270, 21.10.2003, p. 1.OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).OJ L 341, 22.12.2001, p. 3."
(b)Article 6 shall be repealed.
Article 148 Amendments to Regulation (EC) No 1868/94 Regulation (EC) No 1868/94 is hereby amended as follows: 1)The following Article 4 shall be inserted:
"Article 4a A minimum price for potatoes intended for the manufacture of potato starch shall be set at EUR 178,31 per tonne from the 2004/2005 marketing year onwards. This price applies to the quantity of potatoes, delivered to the factory, which is needed for making one tonne of starch. The minimum price shall be adjusted according to the starch content of the potatoes."
2)Article 5 shall be replaced by the following:
"Article 5 A premium of EUR 22,25 per tonne of starch produced shall be paid to undertakings producing potato starch for the quantity of potato starch up the quota limit referred to in Article 2(2), provided that they have paid to potato producers the minimum price, referred to in Article 4a, for all the potatoes necessary to produce starch up to that quota limit."
3)Article 7 shall be replaced by the following:
"Article 7 The provisions of this Regulation shall not cover production of potato starch by undertakings which are not subject to Article 2(2) of this Regulation and which purchase potatoes for which producers do not benefit from the payment provided for in Article 93 of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmersOJ L 270, 21.10.2003, p. 1".
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OJ L 270, 21.10.2003, p. 1"
Article 149 Amendments to Regulation (EC) No 1251/1999 Regulation (EC) No 1251/1999 is amended as follows: 1)In Article 4(3), the first indent shall be replaced by the following: "for protein crops: EUR 63,00/t from the 2004/2005 marketing year onwards". 2)In Article 4(4), the amount of "EUR 19/t" shall be replaced by "EUR 24/t". 3)In Article 5: (a)the first subparagraph shall be replaced by the following: "A supplement to the area payment of EUR 313/ha for the marketing year 2004/2005, shall be paid for the area down to durum wheat in the traditional production zones listed in Annex II, subject to the limits fixed in Annex III."; (b)the fourth subparagraph shall be replaced by the following: "In regions where the production of durum wheat is well established, other than those referred to in Annex II, special aid amounting to EUR 93/ha for the marketing year 2004/2005 shall be granted up to a limit of the number of hectares laid down in Annex IV."
Article 150 Amendments to Regulation (EC) No 1254/1999 Regulation (EC) No 1254/1999 is amended as follows: 1)In Article 10(1) second subparagraph, the percentage of "20 %" shall be replaced by "40 %". 2)In Annex I, in the table concerning Special premium, the figure for Austria is replaced by "373400". 3)In Annex II, in the table concerning Suckler cow premium, the figures for Austria and Portugal are replaced respectively by "375000" and "416539".
Article 151 Amendments to Regulation (EC) No 1673/2000 Regulation (EC) No 1673/2000 is hereby amended as follows: 1)Article 1 is amended as follows: (a)In paragraph 2, point (a) shall be replaced by the following: "(a)"farmer" shall mean a farmer as defined in Article 2(a) of Council Regulation (EC) No 1782/2003 + of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmersOJ L 270, 21.10.2003, p. 1.".
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OJ L 270, 21.10.2003, p. 1."
(b)In paragraph 3, "Regulation (EC) No 1251/1999" shall be replaced by "Article 52 of Regulation (EC) No 1782/2003 +"
2)In the first and second indent of Article 5(2), "Article 5a of Regulation (EC) No 1251/1999" shall be replaced by "Article 52 of Regulation (EC) No 1782/2003 +".
Article 151a Amendments to Regulation (EC) No 546/2002 Regulation (EC) No 546/2002 is amended as follows: 1.in Articles 1 and 2 and in Annex I, "harvests 2002, 2003 and 2004" shall be replaced by "harvests 2002, 2003, 2004 and 2005"; 2.the title of the second table set out in Annex II is replaced by the following: "The guaranteed thresholds for the harvests 2003, 2004 and 2005"
Article 151b Amendment to Regulation (EC) No 2075/92 In Article 13(1) the following indent is added: "-3 % of the premium for the harvest 2005".
Article 152 Amendments to other Regulations The following provisions are deleted: (a)Article 3 of Regulation (EEC) No 2358/71; (b)Articles 3 to 25 of Regulation (EC) No 1254/1999; (c)Articles 3 to 11 of Regulation (EC) No 2529/2001; (d)Titles I and II of Regulation (EEC) No 2075/92. However, they shall continue to apply to applications for direct payments in respect of the 2005 harvest; (e)Articles 12 and 13 of Regulation (EEC) No 1696/71OJ L 175, 4.8.1971, p. 1. Regulation as last amended by Regulation (EC) No 2320/2003 (OJ L 345, 31.12.2003, p. 18).. However, they shall continue to apply to applications for direct payments in respect of the 2004 harvest and of the 2005 harvest if a Member State decides to apply the single payment scheme after the transitional period for hops referred to in the third subparagraph of Article 71(1) of this Regulation.
Article 153 Repeals 1. Regulation (EEC) No 3508/92 is hereby repealed. However, it shall continue to apply to applications for direct payments in respect of the calendar years preceding 2005. 2. Regulation (EC) No 1017/94 is hereby repealed starting from 1 January 2005. 3. Regulation (EC) No 1577/96 and Regulation (EC) No 1251/1999 are hereby repealed. However, they shall continue to apply to the marketing year 2004/2005. 4. Regulation (EC) No 1259/1999 is hereby repealed starting from 1 May 2004. However, Articles 2a and 11 of Regulation (EC) No 1259/1999 as well as, for the purpose of applying those Articles, the Annex of that Regulation shall continue to apply until 31 December 2005. Furthermore Articles 3, 4, 5 and, for the purpose of applying those Articles, the Annex of that Regulation (EC) No 1259/1999 shall continue to apply until 31 December 2004.The simplified scheme referred to in Article 2a of that Regulation shall not apply to the new Member States. 4a. Council Regulation (EC) No 1051/2001OJ L 148, 1.6.2001, p. 3. is hereby repealed. However, it shall continue to apply in respect of marketing year 2005/06. 4b. Regulation (EC) No 1098/98 is hereby repealed. However it shall continue to apply until 31 December 2005 if a Member State decides to apply the single payment scheme after the transitional period for hops referred to in the third subparagraph of Article 71(1) of this Regulation. 5. References made to the repealed Regulations shall be construed as being made to this Regulation.
Article 154 Transitional rules for the simplified scheme Where a Member State applies the simplified scheme referred to in Article 2a of Regulation (EC) No 1259/1999, the following provisions shall apply: (a)2003 shall be the last year in which participants may introduce new applications; (b)Participants shall continue to receive the amount established under the simplified scheme until 2005; (c)Chapters 1 and 2 of Title II of this Regulation shall not apply to the amounts granted under the simplified scheme during the participation in the scheme; (d)Farmers participating in the simplified scheme shall not be entitled to apply for the single payment as long they participate in the simplified scheme. In case of application for the single payment scheme, the amount granted under the simplified scheme shall be included in the reference amount referred to in Article 37 and calculated and adjusted according to Chapter 2 of Title III of this Regulation.
Article 154a Transitional arrangements for new Member States 1. Where transitional measures are necessary in order to facilitate, for the new Member States, the transition from the single area payment scheme to the single payment scheme and other aid schemes referred to in Titles III and IV, such measures shall be adopted in accordance with the procedure laid down in Article 144(2). 2. The measures referred to in paragraph 1 may be adopted during a period starting on 1 May 2004 and expiring on 30 June 2009 and shall not apply beyond that date. However, for Bulgaria and Romania the period shall start on 1 January 2007 and expire on 31 December 2011. The Council, acting by a qualified majority on a proposal from the Commission, may extend these periods.
Article 155 Other transitional rules Further measures required to facilitate the transition from the arrangements provided for in the Regulations referred to in Articles 152 and 153 and in Regulations (EEC) No 404/93, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2202/96 and (EC) No 1260/2001 to those established by this Regulation, notably those related to the application of Articles 4 and 5 of and the Annex to Regulation (EC) No 1259/1999 and Article 6 of Regulation (EC) No 1251/1999, and from the provisions related to the improvement plans provided for in Regulation (EEC) No 1035/72 to those referred to in Articles 83 to 87 of this Regulation, may be adopted in accordance with the procedure referred to in Article 144(2) of this Regulation. Regulations and Articles referred to in Articles 152 and 153 shall continue to apply for the purpose of the establishment of the reference amounts referred to in Annex VII.
Article 155a By 31 December 2009, the Commission shall submit a report to the Council on the implementation of this Regulation with regard to cotton, olive oil, table olives and olive groves, tobacco and hops, accompanied, if necessary, by appropriate proposals.
Article 156 Entry into force and application 1. This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. 2. It shall apply as of the date of entry into force, with the following exceptions: (a)Title II, Chapters 4 and 5 shall apply to the applications for payments made in respect of the calendar year 2005 and onwards. However, Article 28(2) shall apply for the application for payments under Title IV, Chapters 1 to 7 from 1 January 2004. (b)Title IV, Chapters 1, 2, 3, 6, and Article 149 shall apply starting from marketing year 2004/2005. (c)Title IV, Chapters 4, 5, 7 and Article 150 shall apply from 1 January 2004. (d)Title II, Chapter 1, Article 20, Title III, Title IV Chapters 8, 10, 11, 12 and 13 and Article 147 shall apply from 1 January 2005, except Article 147(3)(d) which shall apply from 1 April 2003. (e)Title IV, Chapter 9 shall apply from marketing year 2005/2006. (f)Article 151 and 152 shall apply from 1 January 2005, except Article 152(a) which shall apply from the marketing year 2005/2006. (g)Title IV, Chapter 10a, shall apply as from1 January 2006 for the cotton sown as from that date. (h)Title IV, Chapter 10b, shall apply as from marketing year 2005/06.
This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX I
List of support schemes fulfilling the criteria set out in Article 1 Starting from 1 January 2005 or later in the case of application of Article 71. For 2004, or later on in the case of application of Article 71, the direct payments listed in Annex VI are included in Annex I except for dried fodder. In the case of application of Article 70. In the case of application of Articles 66, 67, 68 or 68a. In the case of application of Article 69. In the case of application of Article 71. OJ L 42, 14.2.2006, p. 1. OJ L 265, 26.9.2006, p. 3.
Sector Legal base Notes
Single payment Title III of this Regulation Decoupled payment (see Annex VI)
Single area payment Title IVa, Article 143b of this Regulation Decoupled payment replacing all the direct payments listed in this Annex
Durum wheat Title IV, Chapter 1 of this Regulation Area payment (quality premium)
Protein crop Title IV, Chapter 2 of this Regulation Area payment
Rice Title IV, Chapter 3 of this Regulation Area payment
Nuts Title IV, Chapter 4 of this Regulation Area payment
Energy crops Title IV, Chapter 5 of this Regulation Area payment
Starch potatoes Title IV, Chapter 6 of this Regulation Production aid
Milk and milk products Title IV, Chapter 7 of this Regulation Dairy premium and additional payment
Arable crops in Finland and in certain regions of Sweden Title IV, Chapter 8 of this Regulation Special regional aid for arable crops
Seeds Title IV, Chapter 9 of this Regulation Production aid
Arable crops Title IV, Chapter 10 of this Regulation Area payment, including set-aside payments, grass silage payments, supplementary amounts and durum wheat supplement and special aid
Sheepmeat and goatmeat Title IV, Chapter 11 of this Regulation Ewe and she-goat premium, supplementary premium and certain additional payments
Beef and veal Title IV, Chapter 12 of this Regulation Special premium, deseasonalisation premium, suckler cow premium (including when paid for heifers and including the additional national suckler cow premium when part-financed), slaughter premium, extensification payment, additional payments
Grain legumes Title IV, Chapter 13 of this Regulation Area payment
Specific types of farming and quality production Article 69 of this Regulation
Dried fodder Article 71(2) second subparagraph of this Regulation
Small farmers' scheme Article 2aRegulation (EC) No 1259/1999 Transitional area aid for farmers receiving less than EUR 1250
Olive oil Title IV, Chapter 10b of this Regulation Area aid
Article 48a(11) of Commission Regulation (EC) No 795/2004 (OJ L 141, 30.4.2004, p. 1) For Malta and Slovenia in 2006
Silkworms Article 1Regulation (EEC) No 845/72 Aid to encourage rearing
Bananas Article 12Regulation (EEC) No 404/93 Production aid
Dried grapes Article 7(1)Regulation (EC) No 2201/96 Area payment
Tobacco Title IV, Chapter 10c, of this Regulation Production aid
Hops Title IV, Chapter 10d of this Regulation Area aid
Article 48a(12) of Regulation (EC) No 795/2004 For Slovenia in 2006
Sugar beet, cane and chicory used for the production of sugar or inulin syrup Title IV, Chapter 10e of this RegulationTitle IVa, Article 143ba of this Regulation Decoupled Payments
Sugar beet and cane used for the production of sugar Title IV, Chapter 10f of this Regulation Production aid
Fruit and vegetables delivered for processing Title IV, Chapter 10g of this Regulation Transitional fruit and vegetables payments
Strawberries and raspberries delivered for processing Title IV, Chapter 10h of this Regulation Transitional soft fruit payment
Fruit and vegetables Article 143bb of this Regulation Separate fruit and vegetables payment
Posei Title III of Council Regulation (EC) No 247/2006 Direct payments within the meaning of Article 2, under measures established in the programmes
Aegean Islands Chapter III of Regulation (EC) No 1405/2006 Direct payments within the meaning of Article 2 of this Regulation, under measures established in the programmes
Aegean Islands Articles 6, 8, 11 and 12Regulation (EEC) No 2019/93 Sectors: beef and veal; potatoes; olives; honey
Cotton Title IV, Chapter 10a, of this Regulation Area payment
ANNEX II
National ceilings referred to in Article 12(2)
(millions of euro)
Member State 2005 2006 2007 2008 2009 2010 2011 2012
Belgium 4,7 6,4 8,0 7,9 7,9 7,9 7,9 7,9
Denmark 7,7 10,3 12,9 10,6 10,6 10,6 10,6 10,6
Germany 40,4 54,6 68,3 62,7 62,7 62,7 62,7 62,7
Ireland 15,3 20,5 25,6 24,4 24,4 24,4 24,4 24,4
Greece 45,4 61,1 76,4 79,0 79,0 77,6 77,6 77,4
Spain 56,9 77,3 97,0 98,3 98,3 97,8 97,8 97,8
France 51,4 68,7 85,9 87,0 87,0 87,0 87,0 87,0
Italy 62,3 84,5 106,4 96,9 97,0 95,6 94,9 94,9
Luxembourg 0,2 0,3 0,4 0,4 0,4 0,4 0,4 0,4
Netherlands 6,8 9,5 12,0 11,4 11,4 11,4 11,4 11,4
Austria 12,4 17,1 21,3 19,6 19,6 19,6 19,6 19,6
Portugal 10,8 14,6 18,2 10,2 10,2 10,2 10,2 10,2
Finland 8,0 10,9 13,7 12,6 12,6 12,5 12,5 12,5
Sweden 6,6 8,8 11,0 11,0 11,0 11,0 11,0 11,0
United Kingdom 17,7 23,6 29,5 29,5 29,5 29,5 29,5 29,5
ANNEX III Statutory management requirements referred to in Articles 3 and 4 A.Applicable from 1.1.2005For Bulgaria and Romania the reference to 2005 should be read as a reference to the first year of application of the Single Payment Scheme. Environment
1. Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1) Articles 3, 4(1), (2), (4), 5, 7 and 8
2. Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ L 20, 26.1.1980, p. 43) Articles 4 and 5
3. Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6) Article 3
4. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1) Articles 4 and 5
5. Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7) Articles 6, 13, 15, and 22(b)
Public and animal healthIdentification and registration of animals
6. Council Directive 92/102/EEC of 27 November 1992 on identification and registration of animals (OJ L 355, 5.12.1992, p. 32) Articles 3, 4 and 5
7. Commission Regulation (EC) No 2629/97 of 29 December 1997 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals (OJ L 354, 30.12.1997, p. 19) Articles 6 and 8
8. Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1) Articles 4 and 7
8a. Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8). Articles 3, 4 and 5
B.Applicable from 1.1.2006For Bulgaria and Romania the reference to 2006 should be read as a reference to the second year of application of the Single Payment Scheme. Public, animal and plant health
9. Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1) Article 3
10. Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125, 23.5.1996, p. 3) Articles 3, 4, 5 and 7
11. Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1) Articles 14, 15, 17(1), 18, 19 and 20
12. Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1) Articles 7, 11, 12, 13 and 15
Notification of diseases
13. Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (OJ L 315, 26.11.1985, p. 11) Article 3
14. Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease (OJ L 62, 15.3.1993, p. 69) Article 3
15. Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (OJ L 327, 22.12.2000, p. 74) Article 3
C.Applicable from 1.1.2007For Bulgaria and Romania the reference to 2007 should be read as a reference to the third year of application of the Single Payment Scheme. Animal welfare
16. Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11.12.1991, p. 28) Articles 3 and 4
17. Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (OJ L 340, 11.12.1991, p. 33) Articles 3 and 4(1)
18. Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (OJ L 221, 8.8.1998, p. 23) Article 4
ANNEX IV Good agricultural and environmental condition referred to in Article 5
Issue Standards
Soil erosion: Protect soil through appropriate measures Minimum soil cover Minimum land management reflecting site-specific conditions Retain terraces
Soil organic matter: Maintain soil organic matter levels through appropriate practices Standards for crop rotations where applicable Arable stubble management
Soil structure: Maintain soil structure through appropriate measures Appropriate machinery use
Minimum level of maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats Minimum livestock stocking rates or/and appropriate regimes Protection of permanent pasture Retention of landscape features, including, where appropriate, the prohibition of the grubbing up of olive trees Avoiding the encroachment of unwanted vegetation on agricultural land Maintenance of olive groves in good vegetative condition
ANNEX V Compatible support schemes referred to in Article 26
Sector Legal base Notes
Dried grapes Article 7(1) Regulation (EC) No 2201/96 Area-related aid
Agri-environment Title II, chapter VI (Articles 22 to 24) and Article 55(3) Regulation (EC) No 1257/1999 Area-related aid
Forestry Article 31 and Article 55(3) Regulation (EC) No 1257/1999 Area-related aid
Less-favoured areas and areas with environmental restrictions Title II, chapter V (Articles 13 to 21)and Article 55(3) Regulation (EC) No 1257/1999 Area-related aid
Dried fodder Articles 10 and 11 Regulation (EC) No 603/95 Production aid
Citrus for processing Article 1 Regulation (EC) No 2202/96 Production aid
Tomatoes for processing Article 2 Regulation (EC) No 2201/96 Production aid
Wine Articles 11 to 15 Regulation (EC) No 1493/1999 Restructuring aid
ANNEX VI
List of direct payments in relation to the single payment referred to in Article 33 Except in the case of application of Article 70. Starting from 2007, except in the case of application of Article 62.
Sector Legal base Notes
Arable crops Articles 2, 4 and 5Regulation (EC) No 1251/1999 Area payment, including set-aside payments, grass silage payments, supplementary amounts, durum wheat supplement and special aid
Potato starch Article 8(2)Regulation (EEC) No 1766/92 Payment for farmers producing potatoes for the manufacture of potato starch
Grain legumes Article 1Regulation (EC) No 1577/96 Area payment
Rice Article 6Regulation (EC) No 3072/95 Area payment
Seeds Article 3Regulation (EEC) No 2358/71 Production aid
Beef and veal Articles 4, 5, 6, 10, 11, 13 and 14Regulation (EC) No 1254/1999 Special premium, deseasonalisation premium, suckler cow premium (including when paid for heifers and including the additional national suckler cow premium when part-financed), slaughter premium, extensification payment, additional payments
Milk and milk products Title IV, Chapter 7 of this Regulation Dairy premium and additional payments
Sheepmeat and goatmeat Article 5Regulation (EC) No 2467/98Article 1Regulation (EEC) No 1323/90Articles 4, 5 and 11(1) and (2), first, second and fourth indentsRegulation (EC) No 2529/2001 Ewe and she-goat premium, supplementary premium and certain additional payments
Aegean Islands Article 6(2) and (3)Regulation (EEC) No 2019/93 Sectors: beef and veal
Dried fodder Article 3Regulation (EC) No 603/95 Payment for processed products (as applied according to Annex VII point D of this Regulation)
Cotton Paragraph 3 of Protocol No 4 on cotton annexed to the Act of Accession of Greece Support in the form of payment for unginned cotton
Olive oil Article 5 of Regulation No 136/66/EEC Production aid
Tobacco Article 3 of Regulation (EEC) No 2075/92 Production aid
Hops Article 12 of Regulation (EEC) No 1696/71 Area payment
Article 2 of Regulation (EC) No 1098/98 Aid for temporary resting
Sugar beet, cane and chicory used for the production of sugar or inulin syrup Regulation (EC) No 1260/2001 Market support to sugar beet or cane growers and producers of chicory used for the production of sugar or inulin syrup
Bananas Article 12 of Regulation (EEC) No 404/93 Compensation for loss of income
ANNEX VII Calculation of the reference amount referred to in Article 37 A.Area aids 1. Where a farmer has received area aids, the number of hectares, to two decimal places, for which a payment has been granted, respectively, in each year of the reference period, shall be multiplied by the following amounts: 1.1. For cereals, including durum wheat, oilseeds, protein crops, linseed, flax and hemp grown for fibre, grass silage and set-aside: EUR 63/t multiplied by the yield as provided for in Article 4(2) of Regulation (EC) No 1251/1999 determined in the regionalisation plan for the region concerned applicable in the calendar year 2002. This point shall apply without prejudice to the provisions laid down by Member States in application of Article 6(6) of Regulation (EC) No 1251/1999.By way of derogation from Article 38, for flax and hemp, the average shall be calculated on the basis of the number hectares for which a payment was granted in the calendar year 2001 and 2002. 1.2. For rice:
EUR 102/t multiplied by the following average yields:France
Member States Yields (t/ha)
Spain 6,35
Metropolitan territory 5,49
French Guyana 7,51
Greece 7,48
Italy 6,04
Portugal 6,05
1.3. For grain legumes: for lentils and chick peas, EUR 181/ha for vetches, respectively, EUR 175,02/ha in 2000, EUR 176,60/ha in 2001 and EUR 150,52/ha in 2002.
2. Where a farmer has received durum wheat supplement or special aid, the number of hectares, to two decimal places, for which such a payment has been granted, respectively, in each year of the reference period, shall be multiplied by the following amounts:In the zones listed in Annex II of Regulation (EC) No 1251/1999 and in Annex IV of Regulation (EC) No 2316/1999: EUR 291/ha for the single payment to be granted for the calendar year 2005, EUR 285/ha for the single payment to be granted for the calendar year 2006 and subsequent calendar years. In the zones listed in Annex V of Regulation (EC) No 2316/1999: EUR 46/ha for the single payment to be granted for the calendar year 2005. 3. For the purpose of the preceding points, "number of hectares" shall mean the determined number of hectares corresponding to each different type of area aid listed in Annex VI of this Regulation, for which all the conditions laid down in the rules for the granting of the aid have been met, taking into account the application of Articles 2(4) and 5 of Regulation (EC) No 1251/1999. In case of rice, by way of derogation to Article 6(5) of Council Regulation (EC) No 3072/95, where the areas given over to rice in one Member State in the reference period exceeded its Maximum Guaranteed Area for this period, the amount per hectare shall be reduced proportionally.
B.Potato starch payment Where a farmer has received potato starch payment, the amount shall be calculated by multiplying the number of tonnes for which such a payment has been granted, respectively, in each year of the reference period, by EUR 44,22 per tonne of potato starch. Member states shall calculate the number of hectares to be included in calculation of the single payment proportionately to the number of tonnes of potato starch produced for which the aid provided for in Article 8(2) of Regulation (EEC) No 1766/92 has been granted, respectively, in each year of the reference period, and within the limits of a base area to be fixed by the Commission on the basis of the number of hectares, covered by a cultivation contract in the reference period, communicated by Member States. C.Livestock premiums and supplements Where a farmer has received livestock premiums and/or supplements, the amount shall be calculated by multiplying the number of determined animals for which such a payment has been granted, respectively, in each year of the reference period, by the amounts per head established for the calendar year 2002 by the corresponding Articles referred to in Annex VI, taking into account the application of Article 4(4), Article 7(2) and Article 10(1) of Regulation (EC) No 1254/1999 or Article 8(3) of Regulation (EC) No 2529/2001.By way of derogation from Article 38, for sheep and goat additional payments granted on the basis of Article 11(2) first, second and fourth indent of Regulation (EC) No 2529/2001, the average shall be calculated on the basis of the number of animals for which the payment has been granted in the calendar year 2002.However, the payments under Article 4(2) second subparagraph of Regulation (EC) No 1254/1999, shall not be taken into account.Moreover, by way of derogation from Article 38, in case of application of Article 32(11) and (12) of Commission Regulation (EC) No 2342/1999 and Article 4 of Commission Regulation (EC) No 1458/2001, the number of animals, for which a payment was granted in the year during which such measures were applied, to be taken into account for the calculation of the reference amount, shall not be higher than the average of the number of animals for which a payment was granted in the year/years during which such measures were not applied. D.Dried fodder
When a farmer has delivered fodder under a contract as provided for in Article 9(c) of Regulation (EC) No 603/95 or a declaration of areas as under Article 10 of the same Regulation, Member States shall calculate the amount to be included in the reference amount proportionately to the number of tonnes of dried fodder produced for which the aid provided for in Article 3 of that Regulation has been granted, respectively, in each year of the reference period, and within the limits of the following ceilings expressed in EUR millions:
Member State Ceiling for fodder processed into the products referred to in Article 3(2) of Regulation (EC) No 603/95 (dehydrated fodder) Ceiling for fodder processed into the products referred to in Article 3(3) of Regulation (EC) No 603/95 (sun-dried fodder) Total ceiling
UEBL 0,049 0,049
Denmark 5,424 5,424
Germany 11,888 11,888
Greece 1,101 1,101
Spain 42,124 1,951 44,075
France 41,155 0,069 41,224
Ireland 0,166 0,166
Italy 17,999 1,586 19,585
Netherlands 6,804 6,804
Austria 0,070 0,070
Portugal 0,102 0,020 0,122
Finland 0,019 0,019
Sweden 0,232 0,232
United Kingdom 1,950 1,950
Member States shall calculate the number of hectares to be included in calculation of the reference amounts proportionately to the number of tonnes of dried fodder produced for which the aid provided for in Article 3 of Regulation (EC) No 603/95 has been granted, respectively, in each year of the reference period, and within the limits of a base area to be fixed by the Commission on the basis of the number of hectares, covered by a cultivation contract or a declaration of areas in the reference period, communicated by Member States.
E.Regional aids In the regions concerned, the following amounts shall be included in the calculation of the reference amount: EUR 24/t multiplied by the yields utilised for the area payments for cereals, oilseeds, linseed and flax and hemp grown for fibre in the regions indicated in Article 4(4) of Regulation (EC) No 1251/1999; the amount per head as provided for in Article 9(1)(a) and (b) of Regulation (EC) No 1452/2001, Articles 13(2) and (3), 22(2) and (3) of Regulation (EC) No 1453/2001, Article 5(2) and (3), 6(1) and (2) of Regulation (EC) No 1454/2001, multiplied by the number of animals for which such a payment has been granted in 2002; the amount per head as provided for in Article 6(2) and (3) of Regulation (EEC) No 2019/93 multiplied by the number of animals for which such a payment has been granted in 2002. F.Seed aids Where a farmer has received seed production aid, the amount shall be calculated by multiplying the number of tonnes for which such a payment has been granted, respectively, in each year of the reference period, by the amount per tonne established in application of Article 3 of Regulation (EEC) No 2358/71. Member States shall calculate the number of hectares to be included in calculation of the single payment proportionately to area accepted for certification for which the aid provided for in Article 3 of Regulation (EEC) No 2358/71 has been granted, respectively, in each year of the reference period, and within the limits of a base area to be fixed by the Commission on the basis of the total area accepted for certification as communicated to the Commission according to Regulation (EEC) No 3083/73. This total area shall not include the area accepted for certification for rice (Oryza sativa L.), spelt (Triticum spelta L.), and fibre and oil flax (Linum usitatissimum L.) and hemp (Cannabis sativa L.) that already has been declared for arable crops. G.Cotton Where a farmer has declared areas sown under cotton, Member States shall calculate the amount to be included in the reference amount by multiplying the number of hectares, to two decimal places, which produced cotton that was granted aid pursuant to paragraph 3 of Protocol 4 on cottonOJ L 291, 19.11.1979, p. 174. in each year of the reference period, by the following amounts per hectare: EUR 966 for Greece, EUR 1509 for Spain, EUR 1202 for Portugal. H.Olive oil Where a farmer has received olive oil production aid, the amount shall be calculated by multiplying the number of tonnes for which such a payment has been granted in the reference period (i.e. respectively, in each of the marketing years 1999/2000, 2000/01, 2001/02 and 2002/03) by the corresponding unit amount of aid, expressed in EUR/tonne, as fixed in Commission Regulations (EC) No 1415/2001OJ L, 191, 13.7.2001, p. 10., (EC) No 1271/2002OJ L 184, 13.7.2002, p. 5., (EC) No 1221/2003OJ L 170, 9.7.2003, p. 8. and (EC) No 1299/2004OJ L 244, 16.7.2004, p. 16., and multiplied by a 0,6 coefficient. However, Member States may decide by 1 August 2005 to increase this coefficient. This coefficient shall not be applied to farmers whose average number of olive GIS-ha during the reference period, excluding the number of olive GIS-ha corresponding to additional trees planted outside any approved planting scheme after 1 May 1998, is less than 0,3. The number of olive GIS-ha shall be calculated by a common method to be established in accordance with the procedure referred to in Article 144(2) and on the basis of data from the geographic information system for olive cultivation.Where the aid payments during the reference period have been affected by application of the measures laid down in Article 2(3) of Regulation (EEC) No 1638/98OJ L 210, 28.7.1998, p. 32., the calculation mentioned in the third subparagraph shall be adjusted as follows: where the measures were applied to only one marketing year, the number of tonnes to be taken into account for the year concerned shall be equal to the number of tonnes for which aid would have been granted had the measures not been applied, where the measures were applied to two consecutive marketing years, the number of tonnes to be taken into account for the first year concerned shall be established in accordance with the first indent, and the number of tonnes to be taken into account for the following year shall be equal to the number of tonnes for which aid was granted in respect of the last marketing year before the reference period which has not been affected by an application of the said measures. Member States shall calculate the number of hectares to be included in the calculation of the single payment as the number of olive GIS-ha obtained by a common method to be established in accordance with the procedure referred to in Article 144(2) and on the basis of data from the geographic information system for olive cultivation, excluding the number of olive GIS-ha of additional trees planted outside an approved planting scheme after 1 May 1998, except for Cyprus and Malta, for which the date shall be 31 December 2001. I.Raw tobacco Where a farmer has received a tobacco premium payment, the amount to be included in the reference amount shall be calculated by multiplying the three-year average number of kilograms from which such a payment was granted, by the weighted three-year average aid amount granted per kilogram, taking into account the total quantity of raw tobacco of all variety groups and multiplied by a 0,4 coefficient. Member States may decide to increase this coefficient.As from 2010 the coefficient shall be 0,5.The number of hectares to be included in calculation of the single payment shall correspond to the area indicated in the registered cultivation contracts for which the premium payment has been granted, respectively, in each year of the reference period, and within the limits of a base area to be fixed by the Commission on the basis of the total area as communicated to the Commission in accordance with Annex I(1.3) to Commission Regulation (EC) No 2636/1999OJ L 323, 15.12.1999, p. 4.;.Where the aid payments during the reference period have been affected by an application of the measures laid down in Article 50 of Regulation (EEC) No 2848/98, the calculation mentioned in the third subparagraph shall be adjusted as follows: where the premium has been partly or totally reduced, the amounts of payment to be taken into account for the year concerned shall be equal to the amounts which would have been granted without the reduction, where the production quota has been partly or totally reduced, the amounts of payment to be taken into account for the year concerned shall be equal to the premium amounts that would have been granted in the preceding year, without the reduction of the premium, provided that the production area indicated in the last cultivation contract was not used for the cultivation of a crop eligible under any other direct support scheme in the year concerned. J.Hops Where a farmer has received hops area aid or temporary resting aid, Member States shall calculate the amounts to be included in the reference amount by multiplying the number of hectares, to two decimal places, for which a payment has been granted, respectively, in each year of the reference period, by an amount of EUR 480 per hectare. K.Sugar beet, cane and chicory 1.Member States shall determine the amount to be included in the reference amount of each farmer on the basis of objective and non-discriminatory criteria such as: the quantities of sugar beet, cane or chicory covered by delivery contracts concluded in accordance with Article 19 of Regulation (EC) No 1260/2001 the quantities of sugar or inulin syrup produced in accordance with Regulation (EC) No 1260/2001 the average number of hectares under sugar beet, cane or chicory used for the production of sugar or inulin syrup and covered by delivery contracts concluded in accordance with Article 19 of Regulation (EC) No 1260/2001in respect of a representative period which could be different for each product of one or more marketing years from the marketing year 2000/2001 and, in case of the new Member States from the marketing year 2004/2005, up to the marketing year 2006/2007, and to be determined by Member States before 30 April 2006.However, where the representative period includes the marketing year 2006/2007, this marketing year shall be replaced by the marketing year 2005/2006 for farmers affected by a renunciation of quota in the marketing year 2006/2007 as provided for in Article 3 of Regulation (EC) No 320/2006.As regards the marketing years 2000/2001 and 2006/2007 the references to Article 19 of Regulation (EC) No 1260/2001 shall be replaced by references to Article 37 of Regulation (EC) No 2038/1999OJ L 252, 25.9.1999, p. 1. Regulation as repealed by Regulation (EC) No 1260/2001. and Article 6 of Regulation (EC) No 318/2006. 2.Where the sum of the amounts determined in accordance with point 1 in a Member State exceeds the ceiling expressed in thousands of euros as set out in Table 1 hereafter, the amount per farmer shall be reduced proportionally.
Table 1 Ceilings for amounts to be included in the reference amount of farmers
(EUR '000)
Member State 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 and subsequent years
Belgium 47429 60968 74508 81752 81752 81752 81752 81752 81752 81752 81752
Bulgaria 84 121 154 176 220 264 308 352 396 440
Czech Republic 27851 34319 40786 44245 44245 44245 44245 44245 44245 44245 44245
Denmark 19314 25296 31278 34478 34478 34478 34478 34478 34478 34478 34478
Germany 154974 203607 252240 278254 278254 278254 278254 278254 278254 278254 278254
Greece 17941 22455 26969 29384 29384 29384 29384 29384 29384 29384 29384
Spain 60272 74447 88621 96203 96203 96203 96203 96203 96203 96203 96203
France 152441 199709 246976 272259 272259 272259 272259 272259 272259 272259 272259
Ireland 11259 14092 16925 18441 18441 18441 18441 18441 18441 18441 18441
Italy 79862 102006 124149 135994 135994 135994 135994 135994 135994 135994 135994
Latvia 4219 5164 6110 6616 6616 6616 6616 6616 6616 6616 6616
Lithuania 6547 8012 9476 10260 10260 10260 10260 10260 10260 10260 10260
Hungary 26105 31986 37865 41010 41010 41010 41010 41010 41010 41010 41010
Netherlands 41743 54272 66803 73504 73504 73504 73504 73504 73504 73504 73504
Austria 18971 24487 30004 32955 32955 32955 32955 32955 32955 32955 32955
Poland 99135 122906 146677 159392 159392 159392 159392 159392 159392 159392 159392
Portugal 3940 4931 5922 6452 6452 6452 6452 6452 6452 6452 6452
Romania 1930 2781 3536 4041 5051 6062 7072 8082 9093 10103
Slovenia 2284 2858 3433 3740 3740 3740 3740 3740 3740 3740 3740
Slovakia 11813 14762 17712 19289 19289 19289 19289 19289 19289 19289 19289
Finland 8255 10332 12409 13520 13520 13520 13520 13520 13520 13520 13520
Sweden 20809 26045 31281 34082 34082 34082 34082 34082 34082 34082 34082
United Kingdom 64340 80528 96717 105376 105376 105376 105376 105376 105376 105376 105376
3.By way of derogation from point 2, where in the cases of Finland, Ireland, Portugal, Spain and the United Kingdom, the sum of the amounts determined in accordance with point 1 exceeds the sum of the ceilings set out for the Member State concerned in Table 1, and Table 2 hereafter, the amount per farmer shall be reduced proportionally.
Table 2 Additional annual amounts to be included in the sum of the reference amounts of the farmers during the fours years of the period 2006 to 2009
(EUR 1000)
Member State Additional annual amounts
Spain 10123
Ireland 1747
Portugal 611
Finland 1281
United Kingdom 9985
However, the Member States referred to in the first subparagraph may retain up to 90 % of the amount set out in Table 2 of the first subparagraph and use the amounts resulting therefrom in accordance with Article 69. In that case, the derogation referred to in the first subparagraph shall not apply.
4.Each Member State shall calculate the number of hectares referred to in Article 43(2)(a) proportionately to the amount determined in accordance with point 1 and according to objective and non-discriminatory criteria chosen to that end or on the basis of the number of hectares of sugar beet, cane and chicory declared by the farmers during the representative period fixed in accordance with point 1.
L.Bananas Member States shall determine the amount to be included in the reference amount of each farmer on the basis of objective and non-discriminatory criteria such as: (a)the quantity of bananas marketed by that farmer for which compensation for loss of income was paid under Article 12 of Regulation (EEC) No 404/93 during a representative period between the 2000 and 2005 marketing years; (b)the areas on which the bananas referred to in point (a) were grown; and (c)the amount of compensation for loss of income paid to the farmer during the period referred to in point (a). Member States shall calculate the applicable hectares referred to in Article 43(2) of this Regulation on the basis of objective and non-discriminatory criteria such as the areas referred to in point (b). M.Fruit and vegetables, ware potatoes and nurseries Member States shall determine the amount to be included in the reference amount of each farmer on the basis of objective and non-discriminatory criteria such as: the amount of market support received, directly or indirectly, by the farmer in respect of fruit and vegetables, ware potatoes and nurseries, the area used to produce fruit and vegetables, ware potatoes and nurseries, the amount of fruit and vegetables produced, ware potatoes and nurseries, in respect of a representative period which could be different for each product, of one or more marketing years starting from the marketing year ending in 2001 and, in case of the Member States which acceded to the European Union on 1 May 2004 or after that date, from the marketing year ending in 2004, up to the marketing year ending in 2007.Member States shall calculate the applicable hectares referred to in Article 43(2) on the basis of objective and non-discriminatory criteria such as the areas referred to in the second indent of the first paragraph.The application of the criteria in this point may be varied between different fruit and vegetable products, ware potatoes and nurseries, if duly justified on an objective basis. On the same basis, Member States may decide not to determine the amounts to be included in the reference amount and the applicable hectares under this point before the end of a transitional three year period ending on 31 December 2010.For the purposes of this Regulation, "fruit and vegetables" shall mean the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96, and "ware potatoes" shall mean potatoes of CN code 0701 other than those intended for the manufacture of potato starch for which aid is granted under Article 93.
ANNEX VIII National ceilings referred to in Article 41
(EUR ‘000)
Member State 2005 2006 2007 2008 2009 2010 and subsequent
Belgium 411053 580376 593395 606935 614179 611805
Denmark 943369 1015479 1021296 1027278 1030478 1030478
Germany 5148003 5647175 5695607 5744240 5770254 5774254
Greece 838289 2143603 2171217 2365298 2367713 2178382
Spain 3266092 4635365 4649913 4830954 4838536 4840413
France 7199000 8236045 8282938 8382272 8407555 8415555
Ireland 1260142 1335311 1337919 1340752 1342268 1340521
Italy 2539000 3791893 3813520 4151330 4163175 4184720
Luxembourg 33414 36602 37051 37051 37051 37051
Netherlands 386586 428329 833858 846389 853090 853090
Austria 613000 633577 737093 742610 745561 744955
Portugal 452000 504287 571377 608221 608751 608447
Finland 467000 561956 563613 565690 566801 565520
Sweden 637388 670917 755045 760281 763082 763082
United Kingdom 3697528 3944745 3960986 3977175 3985834 3975849
ANNEX VIIIa National ceilings referred to in Article 71c
(EUR ‘000)
Calendar year Bulgaria Czech Republic Estonia Cyprus Latvia Lithuania Hungary Malta Romania Poland Slovenia Slovakia
2005 228800 23400 8900 33900 92000 350800 670 724600 35800 97700
2006 294551 27300 12500 43819 113847 446305 830 980835 44184 127213
2007 200384 377919 40400 17660 60764 154912 540286 1668 441930 1263706 59026 161362
2008 246766 470463 50500 27167 75610 193076 677521 3017 532444 1579292 73618 201937
2009 287399 559622 60500 31670 90016 230560 807366 3434 623399 1877107 87942 240014
2010 327621 645222 70600 36173 103916 267260 933966 3851 712204 2162207 101959 276514
2011 407865 730922 80700 40676 117816 303960 1060666 4268 889814 2447207 115976 313114
2012 488209 816522 90800 45179 131716 340660 1187266 4685 1067425 2732307 129993 349614
2013 568553 902222 100900 49682 145616 377360 1313966 5102 1245035 3017407 144110 386214
2014 648897 902222 100900 49682 145616 377360 1313966 5102 1422645 3017407 144110 386214
2015 729241 902222 100900 49682 145616 377360 1313966 5102 1600256 3017407 144110 386214
2016 and subsequent years 809585 902222 100900 49682 145616 377360 1313966 5102 1777866 3017407 144110 386214
ANNEX IX List of arable crops referred to in Article 66
I.CEREALS II.OILSEEDS III.PROTEIN CROPS IV.FLAX V.HEMP
CN code Description
10011000 Durum wheat
100190 Other wheat and meslin other than durum wheat
10020000 Rye
100300 Barley
10040000 Oats
1005 Maize
100700 Grain sorghum
1008 Buckwheat, millet and canary seed; other cereals
07099060 Sweet corn
120100 Soya beans
ex120500 Rape seed
ex12060010 Sunflower seed
071310 Peas
071350 Field beans
ex12092950 Sweet lupins
ex120400 Linseed (Linum usitatissimum L.)
ex53011000 Flax, raw or retted, grown for fibre (Linum usitatissimum L.)
ex53021000 Hemp, raw or retted, grown for fibre (Cannabis sativa L.)
ANNEX X Traditional production zones for durum wheat as referred to in Article 74 GREECE Nomoi (prefectures) of the following regions Central Greece Peloponnese Ionian Islands Thessaly Macedonia Aegean Islands Thrace. SPAIN Provinces Almería Badajoz Burgos Cádiz Córdoba Granada Huelva Jaén Màlaga Navarra Salamanca Sevilla Toledo Zamora Saragossa AUSTRIA Pannonia: 1.Gebiete der Bezirksbauernkammern (Areas covered by District Farmers' Boards) 2046 Tullnerfeld-Klosterneuburg 2054 Baden 2062 Bruck/Leitha-Schwechat 2089 Baden 2101 Gänserndorf 2241 Hollabrunn 2275 Tullnerfeld-Klosterneuburg 2305 Korneuburg 2321 Mistelbach 2330 Krems/Donau 2364 Gänserndorf 2399 Mistelbach 2402 Mödling 2470 Mistelbach 2500 Hollabrunn 2518 Hollabrunn 2551 Bruck/Leitha-Schwechat 2577 Korneuburg 2585 Tullnersfeld-Klosterneuburg 2623 Wr. Neustadt 2631 Mistelbach 2658 Gänserndorf 2.Gebiete der Bezirksreferate (Areas covered by District Divisions) 3018 Neusiedl/See 3026 Eisenstadt 3034 Mattersburg 3042 Oberpullendorf 3.Gebiete der Landwirtschaftskammer (Areas covered by the Chamber of Agriculture) 1007 Wien FRANCE Regions Midi-Pyrénées Provence-Alpes-Côte d'Azur Languedoc-Roussillon DepartmentsEach of these departments may be linked to one of the abovementioned regions. Ardèche Drôme ITALY Regions Abruzzo Basilicata Calabria Campania Latium Marches Molise Umbria Apulia Sardinia Sicily Tuscany PORTUGAL Districts Santarém Lisbon Setúbal Portalegre Évora Beja Faro HUNGARY Regions Dél Dunamenti síkság Dél-Dunántúl Közép-Alföld Mezőföld Berettyo-Kőrös-Maros vidéke Györi medence Hajdúság BULGARIA Starozagorski Haskovski Slivenski Yambolski Burgaski Dobrichki Plovdivski ANNEX XI List of seed species referred to in Article 99
Grain measurements are taken on wholly milled rice by the following method: (i)take a sample representative of the batch; (ii)sieve the sample so as to retain only whole grains, including immature grains; (iii)carry out two measurements of 100 grains each and work out the average; (iv)express the results in millimetres, rounded off to one decimal place. The tetrahydrocannabinol (THC) content of a variety is determined by analysing a sample maintained at constant weight. The weight of THC in relation to the weight of the sample must - for the purposes of granting the aid - not be greater than 0,2 %. The sample is to consist of the upper third of a representative number of plants selected at random at the end of their flowering period and with stalks and seeds removed.1.Ceres 2.Oleagineae 3.Gramineae 4.Leguminosae
(EUR/100 kg)
CN code Description Amount of aid
10019010 Triticum spelta L. 14,37
10061010 Oryza sativa L.
— long-grain varieties the grains of which are of a length exceeding 6,0 millimetres and of a length/width ratio of more than or equal to 3 17,27
— other varieties the grains of which are of a length exceeding, not exceeding or equal to 6,0 millimetres and of a length/width ratio of less than 3 14,85
ex12040010 Linum usitatissimum L. (fibre flax) 28,38
ex12040010 Linum usitatissimum L. (linseed) 22,46
ex12079910 Cannabis sativa L. (varieties with a tetrahydrocannabinol content not exceeding 0,2 %) 20,53
ex12092910 Agrostis canina L. 75,95
ex12092910 Agrostis gigantea Roth. 75,95
ex12092910 Agrostis stolonifera L. 75,95
ex12092910 Agrostis capillaris L. 75,95
ex12092980 Arrhenatherum elatius (L.) P. Beauv. ex J.S. and K.B. Prest. 67,14
ex12092910 Dactylis glomerata L. 52,77
ex12092380 Festuca arundinacea Schreb. 58,93
ex12092380 Festuca ovina L. 43,59
12092311 Festuca pratensis Huds. 43,59
12092315 Festuca rubra L. 36,83
ex12092980 Festulolium 32,36
12092510 Lolium multiflorum Lam. 21,13
12092590 Lolium perenne L. 30,99
ex12092980 Lolium x boucheanum Kunth 21,13
ex12092980 Phleum Bertolinii (DC) 50,96
12092600 Phleum pratense L. 83,56
ex12092980 Poa nemoralis L. 38,88
12092400 Poa pratensis L. 38,52
ex12092910 Poa palustris and Poa trivialis L. 38,88
ex12092980 Hedysarum coronarium L. 36,47
ex12092980 Medicago lupulina L. 31,88
ex12092100 Medicago sativa L. (ecotypes) 22,10
ex12092100 Medicago sativa L. (varieties) 36,59
ex12092980 Onobrichis viciifolia Scop. 20,04
ex07131010 Pisum sativum L. (partim) (field peas) 0
ex12092280 Trifolium alexandrinum L. 45,76
ex12092280 Trifolium hybridum L. 45,89
ex12092280 Trifolium incarnatum L. 45,76
12092210 Trifolium pratense L. 53,49
ex12092280 Trifolium repens L. 75,11
ex12092280 Trifolium repens L. var. giganteum 70,76
ex12092280 Trifolium resupinatum L. 45,76
ex07135010 Vicia faba L. (partim) (field beans) 0
ex12092910 Vicia sativa L. 30,67
ex12092910 Vicia villosa Roth. 24,03
ANNEX XIA
Seed aid ceilings in the new Member States referred to in Article 99(3)
(EUR million)
Calendar year Bulgaria Czech Republic Estonia Cyprus Latvia Lithuania Hungary Malta Poland Romania Slovenia Slovakia
2005 0,87 0,04 0,03 0,10 0,10 0,78 0,03 0,56 0,08 0,04
2006 1,02 0,04 0,03 0,12 0,12 0,90 0,03 0,65 0,10 0,04
2007 0,11 1,17 0,05 0,04 0,14 0,14 1,03 0,04 0,74 0,19 0,11 0,05
2008 0,13 1,46 0,06 0,05 0,17 0,17 1,29 0,05 0,93 0,23 0,14 0,06
2009 0,15 1,75 0,07 0,06 0,21 0,21 1,55 0,06 1,11 0,26 0,17 0,07
2010 0,17 2,04 0,08 0,07 0,24 0,24 1,81 0,07 1,30 0,30 0,19 0,08
2011 0,22 2,33 0,10 0,08 0,28 0,28 2,07 0,08 1,48 0,38 0,22 0,09
2012 0,26 2,62 0,11 0,09 0,31 0,31 2,33 0,09 1,67 0,45 0,25 0,11
2013 0,30 2,91 0,12 0,10 0,35 0,35 2,59 0,10 1,85 0,53 0,28 0,12
2014 0,34 2,91 0,12 0,10 0,35 0,35 2,59 0,10 1,85 0,60 0,28 0,12
2015 0,39 2,91 0,12 0,10 0,35 0,35 2,59 0,10 1,85 0,68 0,28 0,12
2016 0,43 2,91 0,12 0,10 0,35 0,35 2,59 0,10 1,85 0,75 0,28 0,12
subsequent years 0,43 2,91 0,12 0,10 0,35 0,35 2,59 0,10 1,85 0,75 0,28 0,12
ANNEX XIB National arable crops base areas and reference yields in the new Member States referred to in Articles 101 and 103
Base area(hectares) Reference yields(t/ha)
Bulgaria 2625258 2,90
Czech Republic 2253598 4,20
Estonia 362827 2,40
Cyprus 79004 2,30
Latvia 443580 2,50
Lithuania 1146633 2,70
Hungary 3487792 4,73
Malta 4565 2,02
Poland 9454671 3,00
Romania 7012666 2,65
Slovenia 125171 5,27
Slovakia 1003453 4,06
ANNEX XII
Table 1Cyprus: Complementary national direct payments where the normal schemes for direct payments apply
Schedule of increments 25% 30% 35% 40% 50% 60% 70% 80% 90%
Sector 2004 2005 2006 2007 2008 2009 2010 2011 2012
Arable crops (durum wheat excluded) 7913822 7386234 6858646 6331058 75881 4220705 3165529 2110353 1055176
Durum wheat 2256331 2059743 1888505 1743235 1452696 1162157 871618 581078 290539
Grain legumes 30228 28273 26318 24363 20363 16362 12272 8181 4091
Milk and dairy 887535 1759243 2311366 2133569 1777974 1422379 1066784 711190 355595
Beef 3456709 3226262 2995814 2765367 2304473 1843578 1382684 921789 460895
Sheep and goat 8267087 7715948 7164809 6613669 5511391 4409113 3306835 2204556 1102278
Olive oil 5951250 5554500 5157750 4761000 3967500 3174000 2380500 1587000 793500
Tobacco 782513 730345 678178 626010 521675 417340 313005 208670 104335
Bananas 3290625 3071250 2851875 2632500 2193750 1755000 1316250 877500 0
Dried grapes 104393 86562 68732 50901 15241 0 0 0 0
Almonds 49594 30878 12161 0 0 0 0 0 0
Total 32990086 31649237 30014153 27681672 23040943 18420634 13815476 9210317 4166409
Complementary national direct payments under Single Payment Scheme: The total amount of complementary national direct payments that may be granted under the Single Payment Scheme shall be equal to the sum of the sectoral ceilings referred to in this table relating to the sectors that are covered by the Single Payment Scheme to the extent that the support in these sectors is decoupled.
Table 2Cyprus: Complementary national direct payments where the single area payment scheme for direct payments applies
Single area payment scheme
Sector 2004 2005 2006 2007 2008 2009 2010
Arable crops (durum wheat excluded) 6182503 3997873 2687095 1303496 0 0 0
Durum wheat 2654980 2469490 2358196 2240719 2018131 1795543 1572955
Grain legumes 27346 20566 16498 12204 4068 0 0
Milk and dairy 1153380 2323212 3501948 3492448 3474448 3456448 3438488
Beef 4608945 4608945 4608945 4608945 4608945 4608945 4608945
Sheep and goat 10932782 10887782 10860782 10832282 10778282 10724282 10670282
Olive oil 7215000 6855000 6639000 6411000 5979000 5547000 5115000
Dried grapes 182325 176715 173349 169796 163064 156332 149600
Bananas 4368300 4358700 4352940 4346860 4335340 4323820 4312300
Tobacco 1049000 1046750 1045400 1043975 1041275 1038575 1035875
Total 38374562 36745034 36244154 34461726 32402554 31650945 30903405
ANNEX XIII
STATE AID CYPRUS
Sector 2004 2005 2006 2007 2008 2009 2010
Cereals (durum wheat excluded) 7920562 6789053 5657544 4526035 3394527 2263018 1131509
Milk and dairy 5405996 3161383 1405471 1124377 843283 562189 281094
Beef 227103 194660 162216 129773 97330 64887 0
Sheep and goats 3597708 3083750 2569791 2055833 1541875 1027917 513958
Pig sector 9564120 8197817 6831514 5465211 4098909 2732606 1366303
Poultry and eggs 3998310 3427123 2855936 2284749 1713561 1142374 571187
Wine 15077963 12923969 10769974 8615979 6461984 4307990 2153995
Olive oil 7311000 6266571 5222143 4177714 3133286 2088857 1044429
Table grapes 3706139 3176691 2647242 2117794 1588345 1058897 529448
Processed tomatoes 411102 352373 293644 234915 176187 117458 58729
Bananas 445500 381857 318214 254571 190929 127286 63643
Deciduous fruit including stone fruit 9709806 8322691 6935576 5548461 4161346 2774230 1387115
Total 67375310 56277938 45669267 36535414 27401560 18267707 9101410
ANNEX XIV
STATE AID LATVIA
State aid
Sector 2004 2005 2006 2007 2008
Flax 654000 523200 392400 261600 130800
Pigmeat sector 204000 163200 122400 81600 40800
Sheep and goats 107000 85600 64200 42800 21400
Seeds 109387 87510 66110 44710 23310
Total 1074387 859510 645110 430710 216310