Commission Regulation (EC) No 1320/2006 of 5 September 2006 laying down rules for the transition to the rural development support provided for in Council Regulation (EC) No 1698/2005
Commission Regulation (EC) No 1320/2006of 5 September 2006laying down rules for the transition to the rural development support provided for in Council Regulation (EC) No 1698/2005THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia,Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 32(5) thereof,Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)OJ L 277, 21.10.2005, p. 1., and in particular Article 92(1) thereof,Whereas:(1)Regulation (EC) No 1698/2005 is to apply from 1 January 2007. However, the provisions of 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. Regulation as last amended by Regulation (EC) No 2223/2004 (OJ L 379, 24.12.2004, p. 1)., repealed by Article 93 of Regulation (EC) No 1698/2005 as from 1 January 2007, are to continue to apply to actions approved by the Commission under those provisions before 1 January 2007.(2)To facilitate the transition from existing support schemes under Regulation (EC) No 1257/1999 to the rural development support scheme under Regulation (EC) No 1698/2005, which covers the programming period starting on 1 January 2007 (the new programming period), transitional rules should be adopted to avoid any difficulties or delays in the implementation of rural development support during the transitional period.(3)Rural development support under Regulation (EC) No 1698/2005 is to cover the new programming period, whereas rural development support under Regulation (EC) No 1257/1999 covers the programming period ending on 31 December 2006 (the current programming period). Depending on the source of financing involved and its financial management rules in the current programming period in accordance with Articles 35 and 36 and Article 47b(1) of Regulation (EC) No 1257/1999, a distinction should be made between support from the EAGGF Guarantee Section based on non-differentiated budget appropriations and the financial year ending on 15 October 2006 in the Member States of the Community as constituted at 30 April 2004 on the one hand, and other support from the EAGGF Guidance or Guarantee Section for all Member States as provided for in Articles 29 to 32 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 173/2005 (OJ L 29, 2.2.2005, p. 3). on the other hand. In the latter case the final date of eligibility for expenditure is fixed in the Decisions approving Community support.(4)For rural development support financed by the EAGGF Guarantee Section and relating to programming in the Member States of the Community as constituted at 30 April 2004, transitional provisions should be laid down for payments from 16 October to 31 December 2006, as well as for commitments to beneficiaries in the current programming period for which payments may take place after 31 December 2006 during the new programming period.(5)For other support from the EAGGF Guidance or Guarantee Section in all Member States concerned as provided for in Articles 29 to 32 of Regulation (EC) No 1260/1999, owing to the overlapping of the current and new programming periods, from 1 January 2007 to the final date of eligibility for expenditure fixed in the Decisions approving Community support, a number of transitional arrangements should be made in terms of general principles and as regards certain rural development measures, including those involving multiannual commitments. For lessfavoured areas and agri-environment, Article 5(1) 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. Regulation as last amended by Commission Regulation (EC) No 1156/2006 (OJ L 208, 29.7.2006, p. 3). provides for the application of good farming practice in the framework of Regulation (EC) No 1257/1999. For agri-environment more particularly, Article 21(3) of 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)OJ L 153, 30.4.2004, p. 30; corrected version (OJ L 231, 30.6.2004, p. 24). Regulation as amended by Regulation (EC) No 1360/2005 (OJ L 214, 19.8.2005, p. 55). allows Member States to extend agri-environmental commitments within the current programming period.(6)There is a need to ensure the transition between the two programming periods as regards the derogation concerning compliance with Community standards in accordance with Article 33l(2a) and (2b) of Regulation (EC) No 1257/1999 in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia ("the new Member States").(7)To guarantee better implementation of the new programming period as regards agri-environment and animal welfare, Member States should be allowed to authorise the transformation of an agri-environmental or animal welfare commitment entered into on the basis of Regulation (EC) No 1257/1999 into a new commitment for a period of between five to seven years as a general rule under Regulation (EC) No 1698/2005 provided that the new commitment is beneficial to the environment or to animal welfare.(8)There is a need to establish specific transitional rules on expenditure relating to technical assistance, including ex ante and ex post evaluations for all types of programming.(9)The transition to the new programming period should be ensured for certain measures involving multiannual commitments under Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession periodOJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23). in the new Member States.(10)The Member States should ensure that transitional operations are clearly identified through their management and control systems. This is particularly crucial for certain types of support in all Member States for the sake of sound financial management and to prevent any risk of double financing owing to the overlapping of the programming periods from 1 January 2007 to the final date of eligibility for expenditure fixed in the Decisions approving Community support.(11)A correlation table for measures under the current and the new programming periods should be made available in order to clearly identify rural development measures over the two programming periods.(12)The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,HAS ADOPTED THIS REGULATION: