Commission Regulation(EC) No 817/2004 of 29 April 2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)
Modified by
- Commission Regulation (EC) No 1360/2005of 18 August 2005amending Regulation (EC) No 817/2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF), 32005R1360, August 19, 2005
- Commission Regulation (EC) No 1974/2006of 15 December 2006laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), 32006R1974, December 23, 2006
(a) the products concerned; (b) the types of investment; (c) existing and planned capacity.
(a) grassland management shall continue; (b) the livestock shall be distributed across the farm in such a way that the whole of the grazed area is maintained, thus avoiding both over-grazing and under-utilisation; (c) livestock density shall be defined taking into account all grazing livestock kept on the farm or, in the case of a commitment to limit nutrient leaching, all animals kept on the farm which are relevant to the commitment in question.
(a) to rear farm animals of local breeds indigenous to the area and in danger of being lost to farming; (b) to preserve plant genetic resources naturally adapted to the local and regional conditions and under threat of genetic erosion.
(a) set a limit on the number of units per hectare of the farm to which the agri-environment commitments applies; or (b) determine the overall maximum amount for each participating farm and ensure that the payments for each farm are compatible with this limit.
(a) any such conversion is of unquestionable benefit to the environment or to animal welfare; (b) the existing commitment is significantly reinforced; and (c) the approved programme includes the commitments concerned.
(a) the construction and acquisition of immovable property, with the exception of land purchase; (b) new machinery and equipment including computer software; (c) general costs, such as architects, engineers and consultants fees, feasibility studies, acquisition of patents and licences.
(a) the products concerned; (b) the types of investment; (c) existing and planned capacity.
(a) forest or other wooded land owned by central or regional governments, or by government-owned corporations; (b) forest and other wooded land owned by the crown; (c) forests owned by legal persons at least 50 % of whose capital is held by one of the institutions referred to in points (a) and (b).
(a) if a beneficiary who has already honoured a significant part of the commitment concerned definitively ceases agricultural activities and it is not feasible for a successor to take over the commitment; (b) if the transfer of a part of the holding of a beneficiary occurs during a period of extension of the commitment in accordance with Article 21(3) and if the transfer does not exceed 50 % of the area covered by the commitment before the extension.
(a) it is of unquestionable benefit to the measure concerned; (b) it is justified in terms of the nature of the commitment, the length of the remaining period and the size of the additional area; (c) it does not impede the effectiveness of checks to ensure compliance with the conditions for the grant of assistance.
(a) death of the farmer; (b) long-term professional incapacity of the farmer; (c) expropriation of a large part of the holding if this could not have been anticipated on the day on which the commitment was given; (d) a severe natural disaster seriously affecting the agricultural land on the holding; (e) the accidental destruction of livestock buildings on the holding; (f) an epizootic disease affecting all or part of the farmer's livestock.
(a) the costs are calculated by the competent public authorities on the basis of objective criteria permitting determination of the cost of individual activities, taking account of specific local conditions and avoiding any overcompensation; (b) the part-financed investments are made between the date the aid application is submitted and the date final payment of that aid is made.
(a) expenditure on measures presented under the new rural development programming, including expenditure on evaluation under Article 49(2) of Regulation (EC) No 1257/1999; (b) expenditure incurred under earlier accompanying measures covered by Council Regulations (EEC) No 2078/92 OJ L 215, 30.7.1992, p. 85. OJ L 215, 30.7.1992, p. 91. OJ L 215, 30.7.1992, p. 96. (c) expenditure incurred on measures under Article 4 of Regulation (EC) No 2603/1999.
(a) the reasons and any implementation problems justifying adjustment of the programming document; (b) the expected effects of the amendment; (c) the implications for financing and verification of commitments.
(a) priorities; (b) the main features of the support measures as indicated in Annex II; (c) the overall maximum amount of Community support and/or the overall minimum total eligible cost or eligible public expenditure fixed in the decision approving the programming document or in the decision referred to in the first subparagraph of Article 48(1); (d) the distribution of the financial allocation made for the measures contained in the programming document, where it exceeds: 15 % of the total eligible cost of the programme concerned for the entire programming period, if the Community contribution is based on the total eligible cost, 20 % of the total eligible public expenditure for the programme concerned for the entire programming period, if the Community contribution is based on the eligible public expenditure,
calculated on the basis of the last column (total) of the financial table annexed to the Commission Decision approving the programming document or annexed to the decision referred to in the first subparagraph of Article 48(1), as last amended.
(a) where amendments are required as a result of a natural disaster or other exceptional occurrence with a major impact on the Member State's programming; (b) where an amendment of the financial table annexed to the decision referred to in Article 48(1) is necessary as a result of an amendment of a regional rural development programming document.
(a) a statement of expenditure incurred in the current financial year and expenditure remaining to be disbursed by the end of that year and covered by Community support as defined in Article 48(1), and (b) revised forecasts of such expenditure for subsequent financial years until the end of the programming period concerned, keeping within the allocation for each Member State.
(a) once the aggregate sum of the expenditure paid out by the EAGGF and the amount of the advance is equal to the total EAGGF contribution provided for in the programming document, or (b) at the end of the programming period, if the total amount of the EAGGF contribution is not reached.
(a) of the advance paid; (b) of the actual expenditure subsequently paid to beneficiaries, minus the amount of the advance already paid.
(a) any change in the general conditions which is of relevance to the implementation of the measure, and in particular any major socioeconomic trends or changes in national, regional or sectoral policies; (b) the progress of measures and priorities in relation to their operational and specific objectives, expressed using quantitative indicators; (c) action taken by the management authority and the Monitoring Committee, if provision has been made for such a committee, to ensure high quality and effective implementation, and in particular: (i) monitoring measures, financial control and evaluation, including data collection procedures; (ii) a summary of the major problems encountered in managing the measure and any steps taken;
(d) measures taken to ensure compatibility with Community policies.
| Cattle | |
| Sheep | |
| Goat | |
| Equidae | |
| Pigs | |
| Avian |
Objective 1 regions and Objective 1 regions in transition. This applies only to the accompanying measures (early retirement, compensatory allowances, agri-environment and afforestation of agricultural land under Article 31 of Regulation (EC) No 1257/1999), Objective 2 regions. This applies to: 1. accompanying measures; 2. other measures which do not form part of the Objective 2 programming.
all the relevant plans, why it is not possible to integrate measures into a single plan, the relationship between measures in the different plans and details as to how compatibility and consistency between plans will be ensured.
1. Description of the current situation Describe the current situation of the geographical area using quantified data, highlighting strengths, disparities, gaps and potential for rural development. This description should concern both agriculture and forestry (including the type and extent of handicaps affecting farming in less-favoured areas), the rural economy, the demographic situation, human resources, employment and the state of the environment. 2. Impact from the previous programming period Describe the impact of EAGGF financial resources allocated to rural development during the previous programming period and under accompanying measures since 1992. Present the results of evaluations. 3. Other information Where relevant, also describe any supplementary measures in addition to Community rural development and accompanying measures which have had an impact on the programming area concerned.
1. Proposed strategy, quantified objectives and priorities selected In the light of the strengths, disparities, gaps and development potential identified in the area concerned, describe in particular: the priorities for action, the appropriate strategy to attain the objectives, the operational objectives and expected impact, quantified where possible, also in terms of both monitoring and estimates that can be used for evaluation purposes, the extent to which the strategy takes account of the specific features of the areas concerned, how the integrated approach has been applied, the extent to which the strategy provides for the involvement of women and men, the extent to which the strategy takes account of all relevant international Community and national obligations in the field of the environment, including those relating to sustainable development, in particular the quality and use of water, conservation of biodiversity including on-farm conservation of crop varieties, and global warming.
2. Description and effects of other measures Where relevant, the description must also include any measures taken outside the rural development plan (other Community measures or national measures, such as compulsory rules, codes of practice and State-aided measures) and the extent to which these measures meet the needs identified. 3. Areas covered by specific territorial measures Describe the geographical coverage of any measures as defined at point 8 which do not apply throughout the region indicated at point 3. In particular, include: the list of less-favoured areas adopted for the area concerned, any amendments to the list of less-favoured areas, giving the reasons (Article 55(4) of Regulation (EC) No 1257/1999), areas with environmental restrictions, giving reasons.
4. Timetable and uptake Proposed timetable for implementing the various measures, expected uptake and duration (see also point 8).
| Measure A1 (e.g. agri-environment and animal welfare) | |||||||||
| Of which measures approved under Regulation (EEC) No 2078/92) | |||||||||
| Measure A2… | |||||||||
| …Measure A n | |||||||||
| Measure B1 (e.g. early retirement) | |||||||||
| Of which measures approved under Regulation (EEC) No 2079/92) | |||||||||
| Measure B2… | |||||||||
| …Measure B n | |||||||||
| Measure N1 (e.g. afforestation) | |||||||||
| Of which measures approved under Regulation (EEC) No 2080/92) | |||||||||
| Measure N2… | |||||||||
| …Measure N n | |||||||||
| Evaluation | |||||||||
| Former measures from before 1992 | |||||||||
| Transitional measures | |||||||||
| Early retirement | ||||||||
| Agri-environment and animal welfare | ||||||||
| Afforestation | ||||||||
| Less-favoured areas | ||||||||
a. the main features of support measures, b. other information.
1. General requirements A. Main features of support measures: list of measures in the order presented in Regulation (EC) No 1257/1999, identify the specific article (and paragraph) which covers each rural development payment measure. Where two or more articles are cited, the payment measure must be divided into its constituent parts, overall objective of each measure.
B. Other information: None.
2 Requirements concerning all or several measures (1). A. Main features: exceptions referred to in the first indent of the second subparagraph of Article 37(3) of Regulation (EC) No 1257/1999.
B. Other information: Community contribution based on either the total cost or public expenditure, aid intensity and/or amount and differentiation applied (Chapters I to VIII), details of eligibility conditions, criteria to demonstrate economic viability (Chapters I, II, IV and VII), usual good farming practice (Chapters V and VI), minimum standards regarding environment, hygiene and animal welfare (Chapters I, II and VII), level of occupational skill and competence required (Chapters I, II and IV), sufficient assessment of the existence of normal market outlets for the products concerned (Chapters I and VII) in accordance with Articles 6 and 26 of Regulation (EC) No 1257/1999, description of all ongoing contracts (from the previous period), including in financial terms, and the procedures/rules which apply to these.
3. Information required for specific measures In addition, the following specific information is required for measures under the individual chapters: I. Investment in agricultural holdings A. Main features: primary production sectors and types of investments.
B. Other information: maximum limits on total amount of investment eligible for support, types of support, designation of the standards for which a period of grace can be granted to the farmer in accordance with Article 5(3) of Regulation (EC) No 1257/1999, justification related to the specific problems involved in complying with these standards and maximum duration of the period per standard concerned.
II. Start-up assistance for young farmers A. Main features: None. B. Other information: length of time allowed for young farmers to fulfil the eligibility criteria within the five-year period authorised under Article 4(2) of this Regulation, age limit, conditions applying to young farmers not established as sole head of the holding or who start up as members of associations or cooperatives whose main purpose is to manage an agricultural holding, type of start-up support, designation of farm advisory services linked to the setting-up of young farmers in cases where the support granted is higher than provided for in the second subparagraph of Article 8(2)(b) of Regulation (EC) No 1257/1999.
III. Training A. Main features: None. B. Other information: eligible measures and beneficiaries, assurance that no normal education system or programmes are proposed for financing.
IV. Early retirement A. Main features: None. B. Other information: detailed description of conditions concerning transferor, transferee, worker and land released, in particular the use of land to be retained by the transferor for non-commercial purposes and the length of time allowed to improve viability, type of aid, including a description of the method used for calculating the maximum amount to be part-financed per holding and a justification for each type of beneficiary, description of national retirement and early-retirement schemes, details on the duration of the aid.
V. Less-favoured areas and areas with environmental restrictions A. Main features: amount of aid: 1. for compensatory allowances under Article 13(a) of Regulation (EC) No 1257/1999: proposals to exceed the maximum amount which can be part-financed in accordance with the second subparagraph of Article 15(3) of Regulation (EC) No 1257/1999 must include the necessary justification. Specify how it will be assured that the upper limit for compensatory allowances is complied with in these cases and explain the administrative procedure by which compliance with the maximum amount that can be part-financed will be ensured; where the maximum payment as laid down in the Annex to Regulation (EC) No 1257/1999 is applied, indicate the objective circumstances justifying this application; 2. for compensatory allowances under Articles 13(b) and 16 of Regulation (EC) No 1257/1999: the initial detailed agronomic calculations showing: (a) income foregone and costs incurred as a result of the environmental restrictions, (b) agronomic assumptions used as reference point; 3. for compensatory allowances as referred to in Article 16 of Regulation (EC) No 1257/1999: indicate, if necessary, the specific problems justifying a higher support than the maximum amount, as provided for in the first subparagraph of Article 16(3) of the above Regulation, indicate, if necessary, the justification for initially higher support as provided for in the second subparagraph of Article 16(3) of the above Regulation.
B. Other information: details of eligibility conditions, in particular: 1. definition of the minimum area; 2. description of the appropriate conversion mechanism used in the case of common pastures; 3. amount of aid for payments referred to in Article 13(a) of Regulation (EC) No 1257/1999: justification of differentiation of the amount of aid using the criteria set out in Article 15(2) of that Regulation; 4. for compensatory allowances referred to in Article 13(b) and Article 16 of Regulation (EC) No 1257/1999: changes to the detailed agronomic calculations fixed in the programming document as approved;
amendments to the lists of less-favoured areas adopted or amended by Council and Commission Directives, and the list of areas with environmental restrictions.
VI. Meeting standards VI.1. Implementing demanding standards A. Main features: list of standards based on Community legislation eligible for support under Article 21b of Regulation (EC) No 1257/1999, date from which the standard is mandatory in accordance with Community legislation and justification of choice.
B. Other information: description of the significant impact on farm operating costs stemming from the obligations or restrictions imposed by the new standard; amount of support per eligible standard and detailed calculations justifying this amount.
VI.2. Use of farm advisory services A. Main features: None. B. Other information: description of the farm advisory system put in place by the Member State, including the procedure for the selection of the bodies responsible for the advisory services, frequency of support granted to a farmer for the use of agricultural advisory services in the four areas referred to in Article 21d(1) of Regulation (EC) No 1257/1999.
VII. Agri-environment and animal welfare A. Main features: justification for the commitments, based on their expected impact, the initial detailed agronomic calculations showing: (a) income foregone and cost incurred in relation to usual good farming practice; (b) the agronomic assumptions used as reference point; (c) the level of incentive and a justification for this based on objective criteria.
B. Other information: the list of local breeds in danger of being lost to farming and the number of breeding females for the areas concerned. That number must be certified by a duly recognised technical body — or breeder's organisation/association — which must register and keep up-to-date the herd or flock book for the breed. The body concerned must possess the necessary skills and knowledge to identify animals of the breeds in, for plant genetic resources under threat of genetic erosion, evidence of genetic erosion based upon scientific results and indicators for the occurrence of landraces/primitive (local) varieties, their population diversity and the prevailing agricultural practices at local level, details of obligations on farmers and any other terms of the commitment, including scope and procedures for adjusting of running contracts, changes to the level of support up to 120 % of the costs and income lost indicated in the agronomic calculations fixed in the programming document as approved and the justification for these changes, description of coverage of the measure, showing its scope in relation to needs and its degree of targeting in terms of geographical, sectoral or other coverage, for all the agri-environment and animal welfare commitments together, the possible ways of combining commitments should be shown and the mutual consistency of commitments should be ensured.
VIII. Food quality VIII.1. Participation in food quality schemes A. Main features list of Community and national quality schemes eligible for support. For national schemes, description of the scheme regarding the criteria referred to in Article 24b(3) of Regulation (EC) No 1257/1999.
B. Other information amount of support per type of eligible scheme and justification for fixed costs as provided for in Article 24c of Regulation (EC) No 1257/1999.
VIII.2. Promotion of quality products A. Main features None. B. Other information list of products qualifying for support under the quality scheme chosen under the measure referred to in VIII.1, procedure for ensuring that actions benefiting from rural development support are not also supported under Council Regulation (EC) No 2826/2000, procedure for ex ante checks on information, promotion, and advertising materials (Article 26 of this Regulation),description of eligible costs.
IX. Improving the processing and marketing of agricultural products A. Main features sectors of basic agricultural production
B. Other information criteria to prove economic benefits for primary producers, designation of the standards for which a period of grace can be granted to the small processing units in accordance with Article 26(1), second indent, of Regulation (EC) No 1257/1999, justification related to the specific problems involved in complying with these standards and maximum duration of the period per standard concerned.
X. Forestry A. Main features: None. B. Other information: definition of: (i) "agricultural land" in relation to Article 32 of this Regulation; (ii) "farmer" in relation to Article 33 of this Regulation; (iii) provisions ensuring that the planned measures are suited to local conditions and compatible with the environment as well as keeping balance between forestry and game populations where applicable; (iv) contractual arrangements between regions and potential beneficiaries concerning measures referred to in Article 32 of Regulation (EC) No 1257/1999.
where the standard costs referred to in Article 46 are applied: (i) the standard unit costs; (ii) the method used to fix those costs; (iii) compliance with the criterion of avoidance of overcompensation
description of eligible measures and beneficiaries; linkage between proposed measures and national/sub-national forest programmes or equivalent instruments; reference to the forest protection plans for areas classified as high or medium risk for forest fires and the conformity of proposed measures with these protection plans.
XI. Promoting the adaptation and development of rural areas A. Main features: description and justification of the action proposed under each measure.
B. Other information: definition of financial engineering, which must comply with the general eligibility criteria.
1. Detailed information on the implementation of Articles 60 to 65 of this Regulation This should include in particular: the possibility of granting advances to certain beneficiaries of investment measures, the description of the financial circuits for the payment of assistance to final beneficiaries, the arrangements for monitoring and evaluating the programme, notably systems and procedures for collecting, organising and coordinating data relating to financial, physical and impact indicators, the role, composition and rules of procedure of any monitoring committees, codification. This codification shall be in accordance with the model provided by the Commission.
2. Detailed information on the implementation of Articles 66 to 73 of this Regulation. This should include the specific control measures planned to verify the substance of claims and compliance with the conditions for support as well as the specific rules on penalties. 3. Detailed information on compliance with the general eligibility criteria laid down in Regulation (EC) No 1685/2000 Article 45 of this Regulation. 4. Other information: Where appropriate, information that the time limit for notifying cases of force majeure has been extended (Article 39(2) of this Regulation).
1. Describe: the economic and social partners and other relevant national bodies to be consulted in accordance with national rules and practice, the agricultural and environmental authorities and bodies to be involved, in particular, in preparing, implementing, monitoring, evaluating and reviewing agri-environment measures and other measures targeting the environment, thus ensuring a balance between these measures and other rural development measures.
2. Summarise the results of consultations and indicate the extent to which the views and advice received have been taken into account
1. Describe, with reference to strengths, needs and potential: the balance between the different rural development measures; the extent to which the agri-environment measures apply throughout the territory.
2. This description shall refer (as the case may be) to: measures taken outside the scope of Council Regulation (EC) No 1257/1999, measures taken or planned under separate rural development plans.
A. Main features 1. Appraisal of compatibility and consistency with: other Community policies and measures implemented under those policies, in particular competition policy, other common agricultural policy instruments, in particular where exceptions under Article 37(3) of Regulation (EC) No 1257/1999 are provided for, other support measures included in the rural development plans, the general eligibility criteria.
2. For measures under Article 33 of Regulation (EC) No 1257/1999, ensure and, where necessary, demonstrate that: measures adopted under the sixth, seventh and ninth indents of that Article are not receiving financial assistance from the ERDF for rural areas covered by Objective 2 and in areas in transition, measures are not covered by any other measure referred to in Title II of Council Regulation (EC) No 1257/1999.
B. Other information. In particular, appraisal shall cover arrangements to ensure proper coordination with the various authorities responsible for: development measures provided for under the market organisations, any rural development measures provided for under national legislation.
A. Main features Identify the measures to which additional financing will be granted in the form of State aid (Article 52 of Council Regulation (EC) No 1257/1999). The amount of additional support to be granted for each of the measures concerned during each year covered by the plan should be shown in an indicative table. B. Other information abolition of a State aid, changes to the additional financing in the form of State aid granted for any of the measures in the programming document as approved, rate of aid.
| Article 1 | — |
| — | Article 1 |
| Article 2 | Article 2 |
| Article 3(1) | — |
| Article 3(2) | Article 3 |
| Article 4 | Article 4 |
| Article 5 (1) | Article 5 |
| Article 5(2) and (3) | — |
| Article 6 | Article 6 |
| Article 7 | Article 7 |
| Article 8 | Article 8 |
| Article 9 | Article 9 |
| Article 10 | Article 10 |
| Article 11 | Article 11 |
| Article 12 | — |
| — | Article 12 |
| Article 13 | Article 13 |
| Article 14 | Article 14 |
| Article 15 | Article 15 |
| Article 16 | Article 16 |
| Article 17 | Article 17 |
| Article 18 | Article 18 |
| Article 19 | Article 19 |
| Article 20 | Article 20 |
| Article 21 | Article 21 |
| — | Article 22 |
| — | Article 23 |
| — | Article 24 |
| — | Article 25 |
| — | Article 26 |
| Article 22 | Article 27 |
| — | Article 28 |
| Article 23 | Article 29 |
| Article 24 | Article 30 |
| Article 25 | Article 31 |
| Article 26 | Article 32 |
| Article 27 | Article 33 |
| Article 28 | Article 34 |
| Article 29 | Article 35 |
| Article 30 | Article 36 |
| Article 31 | Article 37 |
| Article 32 | Article 38 |
| Article 33 | Article 39 |
| Article 34 | Article 40 |
| Article 35(1) | Article 41(1) |
| Article 35(2) | Article 41(3) |
| Article 35(3) | Article 41(2) |
| Article 36 | Article 42 |
| Article 37 | Article 43 |
| Article 38 | Article 44 |
| Article 39 | Article 45 |
| Article 39a | Article 46 |
| Article 40 | Article 47 |
| Article 41 | Article 48 |
| Article 42 | Article 49 |
| Article 43 | Article 50 |
| Article 44 | Article 51 |
| Article 45 | Article 52 |
| Article 45a | Article 53 |
| Article 46 | Article 54 |
| Article 47 | Article 55 |
| Article 48 | Article 56 |
| Article 49 | Article 57 |
| Article 50 | Article 58 |
| Article 51 | Article 59 |
| Article 52 | Article 60 |
| Article 53 | Article 61 |
| Article 54 | Article 62 |
| Article 55 | Article 63 |
| Article 56 | Article 64 |
| Article 57 | Article 65 |
| Article 58 | Article 66 |
| Article 59 | Article 67 |
| Article 60 | Article 68 |
| Article 61 | Article 69 |
| Article 62 | Article 70 |
| Article 62a | Article 71 |
| Article 63 | Article 72 |
| Article 64 | Article 73 |
| Article 65(1) | Article 74(1), first subparagraph, and 74(2) |
| Article 65(2) | Article 74(1), second subparagraph |
| Article 66 | Article 75, first subparagraph |
| — | Article 75, second subparagraph |
| Annex I | Annex I |
| Annex II | Annex II |
| Annex III | Annex III |