COUNCIL OFBrussels, 30 May 2005 (06.06)
THE EUROPEAN UNION
AGRI 94 AGRIFIN 21 POSEICAN 1 POSEIDOM 1 POSEIMA 1
to: Working Party on the Outermost Regions
Nos prev. docs : 15916/04 AGRI 335 AGRIFIN 111 POSEICAN 17 POSEIDOM 17
POSEIMA 19 15039/04 AGRI 310 AGRIFIN 104 POSEICAN 16 POSEIDOM 16 POSEIMA 18
No. Cion prop. : 14126/04 AGRI 280 AGRIFIN 85 POSEICAN 15 POSEIDOM 15 POSEIMA 17 Subject :
Proposal for a Council Regulation laying down specific measures for agriculture in the outermost regions of the Union
Proposal for a
laying down specific measures for agriculture
in the outermost regions of the Union
THE 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 Parliament,
Having regard to the opinion of the European Economic and Social Committee,
(1) The particular geographical situation of the outermost regions imposes additional transport
costs in supplying products which are essential for human consumption, for processing or as
agricultural inputs. In addition, objective factors arising as a result of insularity and
remoteness impose further constraints on economic operators and producers in the outermost
regions that severely handicap their activities. These handicaps can be alleviated by
lowering the price of these essential products. It is therefore appropriate to introduce specific
supply arrangements to guarantee supply to the outermost regions and compensate for the
additional costs arising from their remoteness, insularity and distant location.
(2) To that end, notwithstanding Article 23 of the Treaty, imports of certain agricultural
products from third countries should be exempt from the applicable import duties. To take
account of their origin and the customs treatment accorded to them under the Community
provisions, products which have entered the Community's customs territory under inward
processing or customs warehousing arrangements should be considered as direct imports, for
the purpose of granting the benefits of the specific supply arrangements.
(3) In order to achieve the goal of lowering prices in the outermost regions and mitigating the
additional costs of their remoteness, insularity and distant location while maintaining the
competitiveness of Community products, aid should be granted for the supply of products of
Community origin to the outermost regions. Such aid should take account of the additional
(4) Since the quantities covered by the specific supply arrangements are limited to the supply
requirements of the outermost regions, those arrangements do not impair the proper
functioning of the internal market. Nor should the economic advantages of the specific
supply arrangements provoke diversions of trade in the products concerned. Dispatching or
exportation of those products from the outermost regions should therefore be prohibited.
However, dispatch or exportation of those products should be authorised where the
advantage resulting from the specific supply arrangements is reimbursed or, in the case of
processed products, to permit regional trade or trade between the two Portuguese outermost
regions. Account should also be taken of traditional trade flows with third countries in all
the outermost regions, and exports of processed products corresponding to traditional
exports for all those regions should accordingly be authorised. Nor should the restriction
apply to the traditional dispatching of processed products. For the sake of clarity, the
reference period for defining those traditionally exported or dispatched quantities should be
(5) In the case of C sugar to supply the Azores, Madeira and the Canary Islands, the
Commission arrangements for exemption from import duties should continue to apply
for the period laid down in Article 10(1) of Council Regulation (EC) No 1260/2001 1.
(6) Up to now the Canary Islands have been supplied under the specific supply
arrangements with milk-based preparations falling within codes 1901 9099 and
(7) In order to achieve the objectives of the specific supply arrangements, the economic
advantages of the arrangements must be in terms of production costs and must cut prices up
to the end-user stage. They should therefore be granted only on condition that they are
actually passed on, and appropriate checks must be carried out.
(8) Community policy to assist local production in the outermost regions has involved a
multitude of products and measures for their production, marketing or processing. These
measures have proved effective and ensured that agriculture continues and develops. The
Community should continue to support these lines of production, which are a key factor in
the environmental, social and economic equilibrium of the outermost regions. Experience
has shown that, as in the case of rural development policy, a closer partnership with the local
authorities can help to address the particular issues affecting the regions concerned in a more
targeted way. Support for local production should thus continue through general
programmes at the most appropriate geographical level, to be submitted by the Member
State concerned to the Commission.
(9) To help achieve the goals of developing local agricultural production and the supply of
agricultural products, the level of programming of supplies to the regions concerned should
be harmonised and the approach of partnership between the Commission and the Member
States should be systematic. The supply programme should therefore be established by the
(11) Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development
from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and
repealing certain Regulations 1 defines the rural development measures eligible for
Community support and the conditions for obtaining that support. The structures of certain
farms or processing and marketing firms in the outermost regions are seriously defective and
face specific difficulties. Provision should accordingly be made for the possibility of
derogations for certain types of investment from the provisions restricting the grant of some
structural aid provided for in Regulation (EC) No 1257/1999.
(12) Article 29(3) of Regulation (EC) No 1257/1999 restricts the grant of forestry support to
forests and wooded areas belonging to private owners and municipalities and associations
thereof. Parts of the forests and wooded areas located in the outermost regions belong to
public authorities other than municipalities. Under these circumstances, the conditions laid
down in the said Article should be made more flexible.
(13) Article 24(2) of Regulation (EC) No 1257/1999 and the Annex thereto determine the
maximum amounts per year eligible for Community agri-environmental aid. To take into
account the specific environmental situation of certain very sensitive pasture areas in the
Azores and the preservation of the landscape and traditional features of agricultural land, in
particular the areas of terrace cultivation in Madeira, provision should be made for the
(14) A derogation may be granted from the Commission's consistent policy of not authorising
State operating aid for the production, processing and marketing of agricultural products
covered by Annex I to the Treaty in order to mitigate the specific constraints on farming in
the outermost regions as a result of their remoteness, insularity and distant location, small
area, mountainous terrain and climate and their economic dependency on a small number of
(15) The plant health of agricultural crops in the French overseas departments is subject to
particular problems associated with the climate and the inadequacy of the control measures
hitherto applied there. Programmes should therefore be implemented to combat harmful
organisms, including by organic methods. The Community's financial contribution towards
such programmes should be specified.
(16) The maintenance of vineyards, which are the most widespread crop in the regions of
Madeira and the Canary Islands and a very important one for the Azores, is an economic and
environmental imperative. To help support production, neither abandonment premiums nor
market mechanisms should be applicable in these regions, but nonetheless, in the Canary
Islands, it should be possible to apply crisis distillation measures in the event of exceptional
market disturbance arising from quality problems. Similarly, technical and socio-economic
difficulties have prevented the complete conversion within the time limits set of the areas in
(17) The restructuring of the milk sector is not yet complete in the Azores. In line with the high
dependence of the Azores on milk production, combined with other handicaps connected
with their distant location and the absence of profitable alternative lines of production, the
derogation from certain provisions of Council Regulation (EC) No 1788/2003 of 29
September 2003 establishing a levy in the milk and milk products sector1,introduced by
Article 23 of Council Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific
measures for certain agricultural products for the Azores and Madeira and repealing
Regulation (EEC) No 1600/92 (Poseima)2 and renewed by Council Regulation (EC)
No 55/2004 of 17 December 2003 amending Regulation (EC) No 1453/2001 introducing
specific measures for certain agricultural products for the Azores and Madeira and repealing
Regulation (EEC) No 1600/92 (Poseima) with respect to the application of the
supplementary levy in the milk and milk products sector in the Azores.
(18) Support for the production of cows' milk in Madeira has not succeeded in maintaining the
balance between domestic and external supply, chiefly because of the serious structural
difficulties affecting the sector and its poor capacity to adapt to new economic
environments. Consequently, authorisation to produce reconstituted UHT milk from milk
powder of Community origin should continue, with a view to covering local consumption
(20) Traditional livestock farming activities should be supported. In order to meet the local
consumption needs of the French overseas departments and Madeira, duty-free imports from
third countries of male bovine animals intended for fattening should be authorised subject to
certain conditions and up to a maximum annual limit. The possibility opened under
Regulation (EC) No 1782/2003 to enable Portugal to transfer rights to the suckler cow
premium from the mainland to the Azores should be renewed and that instrument should be
adjusted in line with the new support arrangements for the outermost regions.
(21) Tobacco growing is of historical importance in the Canary Islands. Economically speaking,
tobacco preparation continues to be one of the chief industrial activities in the region. In
social terms, tobacco cultivation is very labour-intensive and carried out by small farms.
Since the crop is not sufficiently profitable, however, it is in danger of dying out. Tobacco is
currently cultivated on only a small area on the island of La Palma, for the small-scale
manufacture of cigars. Spain should therefore be authorised to continue to grant aid in
addition to Community aid so that this traditional crop can be maintained with a view to
supporting the artisanal activity associated with it. In addition, to maintain the manufacture
of tobacco products, imports into the Canary Islands of raw and semi-manufactured tobacco
should continue to be exempt from customs duty, up to an annual limit of 20 000 tonnes of
(22) Implementation of this Regulation must not jeopardise the level of special support from
which the outermost regions have benefited up to now. For that reason, so that they can
carry out the appropriate measures, the Member States should have at their disposal sums
equivalent to the support already granted by the Community under Council Regulation (EC)
No 1452/2001 of 28 June 2001 introducing specific measures for certain agricultural
products for the French overseas departments, amending Directive 72/462/EEC and
repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91 (Poseidom)1, Council
Regulation (EC) No 1453/2001 and Council Regulation (EC) No 1454/2001 of 28 June 2001
introducing specific measures for certain agricultural products for the Canary Islands and
repealing Regulation (EEC) No 1601/92 (Poseican)2 and sums granted to farmers
established in those regions under Council Regulation (EC) No 1254/1999 of 17 May 1999
on the common organisation of the market in beef and veal3, Council Regulation (EC)
No 2529/2001 of 19 December 2001 on the common organisation of the market in
sheepmeat and goatmeat4, Council Regulation (EC) No 1784/2003 of 29 September 2003 on
the common organisation of the market in cereals5 and sums granted for the supply of rice to
the French overseas department of Réunion under Article 5 of Council Regulation (EC)
No 1785/2003 of 29 September 2003 on the common organisation of the market in rice6.
The new system of support for agricultural production in the outermost regions established
by this Regulation must be coordinated with the support for the same lines of production in
(23) Commission Regulations (EC) Nos 1452/2001, 1453/2001 and 1454/2001 should be
repealed. 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 2529/20011, and Regulation (EC) No 1785/2003 should also be
amended to ensure coordination of the respective arrangements. 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 Commission2.
(24) The programmes provided for by this Regulation should start to apply at the beginning of
2006. However, to enable the programmes to start on that date, the Member States and the
Commission should be permitted to take all the preparatory measures between the date of
entry into force of this Regulation and that of its application,
HAS ADOPTED THIS REGULATION:
SPECIFIC SUPPLY ARRANGEMENTS
Forecast supply balance
1.Specific supply arrangements are hereby introduced for the agricultural products listed in
Annex I to the Treaty establishing the EC, which are essential in the outermost regions
for human consumption, for the manufacture of other products or as agricultural inputs.
2.A forecast supply balance shall be drawn up stating the quantity of the agricultural
products referred to in paragraph 1 needed to meet supply requirements each year. A
separate forecast balance may be drawn up for the requirements of undertakings packaging
and processing products intended for the local market, for traditional consignment to the
rest of the Community or for export as part of regional trade or traditional trade flows.
Operation of the arrangements
1.Within the limit of the quantities determined in the forecast supply balance, no duties shall
apply to direct imports from third countries into the outermost regions of products covered
2.To ensure coverage of the requirements established in accordance with Article 2(2) in
terms of price and quality, while taking care to maintain the Community's share in
supplies, aid shall be granted to supply the outermost regions with Community products
held in public intervention storage or available on the Community market.
Such aid shall be determined for each type of product concerned to take account of the
additional cost of transport to the outermost regions and the prices applied to exports to
third countries and, in the case of products intended for processing and agricultural inputs,
the additional costs of insularity and distant location.
3.In implementing the specific supply arrangements, account shall be taken, in particular, of
(a) the specific requirements of the outermost regions and, in the case of products
intended for processing and agricultural inputs, the quality requirements;
(b) trade flows with the rest of the Community;
(c) the economic aspect of the proposed aid.
4.Entitlement under the specific supply arrangements shall be subject to the condition that
the economic advantage derived either from exemption from import duties or from aid is
Those conditions shall include payment of import duties on the products referred to in
Article 3(1) or reimbursement of the aid received under the specific supply arrangements
for the products referred to in Article 3(2).
Those conditions shall not apply to trade flows between French overseas departments.
2.The restriction provided for in paragraph 1 shall not apply to products processed in the
outermost regions from products having benefited from the specific supply arrangements
(a) exported to third countries or dispatched to the rest of the Community within the
limits of traditional exports and traditional dispatches. Those quantities [...] shall be
specified by the Commission in accordance with the procedure laid down in
Article 26(2), on the basis of the average of exports or dispatches during the years
1989, 1990 and 1991;
(b) exported to third countries as part of regional trade flows in accordance with
destinations and conditions specified under the procedure referred to in
(c) dispatched from the Azores to Madeira or vice versa.
1.During the period referred to in Article 10(1) of Council Regulation (EC)
No 1260/2001 1, C sugar referred to in Article 13 of that Regulation, exported in
accordance with the relevant provisions of Commission Regulation (EC) No 2670/81 2
and brought in to be consumed in Madeira and in the Canary Islands in the form of
white sugar falling within CN code 1701 and to be refined and consumed in the Azores
in the form of raw sugar falling within CN code 17011210, shall benefit, under the
conditions set out in this Regulation, from the exemption from import duties within the
limit of the forecast supply balance referred to in Article 2.
2.When determining the Azores' raw sugar requirements, account shall be taken of the
development of local production of sugar beet. The quantities covered by the supply
arrangements shall be determined so as to ensure that the total volume of sugar refined in the
Azores each year does not exceed 10 000 tonnes.
Imports of rice into Réunion
No customs duties shall be charged in the French overseas department of Réunion on products
falling within CN codes 1006 10 and 1006 40 00 imported for consumption there.
Detailed rules for the application of the arrangements
Detailed rules for the application of this Title shall be adopted in accordance with the procedure
referred to in Article 26(2). Such rules shall in particular define the conditions under which the
Member States may amend the product quantities and the resources allocated each year to the
various products eligible under the specific supply arrangements and, where necessary, establish a
system of import licences or delivery certificates.
MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS
3.Only one Community support programme per outermost region may be submitted.
Community support programmes shall contain the measures needed to ensure continuity and
development of local lines of agricultural production in each outermost region.
Compatibility and consistency
1.Measures taken under support programmes must comply with Community law and be
consistent with other Community policies and with the measures taken under those
2.Consistency of the measures taken under support programmes with measures implemented
under other instruments of the common agricultural policy, and in particular the common
organisations of markets, rural development, product quality, animal welfare and
protection of the environment, must be ensured.
(b) support for research projects, measures to support research projects or measures
eligible for Community financing under Council Decision 90/424/EEC1;
(c) support for measures within the scope of Regulation (EC) No 1257/1999 and
Council Regulation (EC) No 2 on support for rural development from the
European Rural Development Fund (EARDF).
Content of Community support programmes
A Community support programme shall contain:
(a) a quantified description of the current agricultural production situation taking into account
the results of available evaluations, showing disparities, gaps and potential for
development, the financial resources deployed and the main results of operations
undertaken under Council Regulations [...] (EC) Nos 1452/2001, 1453/2001 and
(b) a description of the strategy proposed, the priorities selected, its quantified objectives, and
an appraisal showing the expected economic, environmental and social impact, including
(d) a schedule for the implementation of the measures and a general indicative financing table
showing the resources to be deployed;
(e) proof of the compatibility and consistency between the various measures under the
programmes and the criteria and quantitative indicators to be used for monitoring and
(f) the steps taken to ensure the programmes are implemented effectively and appropriately,
including the arrangements for publicity, monitoring and evaluation, and a specified set of
quantified indicators for use in programme evaluation and the provisions for checks and
(g) the designation of competent authorities and bodies responsible for implementing the
programme and the designation at the appropriate levels of authorities or associated bodies
and socio-economic partners, and the results of consultations held.
1.A graphic symbol shall be introduced with a view to ensuring greater awareness and
consumption of quality agricultural products, whether natural or processed, specific to the
2.The conditions for using the graphic symbol provided for in paragraph 1 shall be proposed
by the trade organisations concerned. The national authorities shall forward such
proposals, with their opinion, to the Commission for approval.
Use of the symbol shall be monitored by an official authority or a body approved by the
competent national authorities.
2.Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, in the case of the
outermost regions, the total value of the aid for investments in enterprises engaged in
processing and marketing agricultural products consisting mainly of local produce in
sectors to be defined in the programme complements referred to in Articles 18(3) and 19(4)
of Regulation (EC) No 1260/1999, expressed as a percentage of the volume of eligible
investments, shall not exceed 65%. The total value of the aid for small and medium-sized
enterprises, otherwise subject to the same conditions, shall not exceed 75%.
3.The restriction provided for in Article 29(3) of Regulation (EC) No 1257/1999 shall not
apply to tropical or subtropical forests or wooded areas situated in the territory of the
French overseas departments, the Azores and Madeira.
4.Notwithstanding Article 24(2) of Regulation (EC) No 1257/1999, the maximum amounts
per year eligible for Community aid, as set out in the Annex to that Regulation, may be
increased up to twofold in the case of the measure to protect lakes in the Azores and the
measure to preserve the landscape and traditional features of agricultural land, in particular
the conservation of stone walls supporting terraces in Madeira.
5.A description of the measures planned under this Article shall be included, where
appropriate, in the programmes for these regions referred to in Articles 18 and 19 of
1.For the agricultural products covered by Annex I to the Treaty, to which Articles 87, 88
and 89 thereof apply, the Commission may authorise operating aid in the sectors
producing, processing and marketing those products, with a view to mitigating the specific
constraints on farming in the outermost regions as a result of their remoteness, insularity
and distant location.
2.Member States may grant additional financing for the implementation of the Community
support programmes referred to in Title III. In such cases they must notify the Commission
of the state aid and the Commission must approve it in accordance with this Regulation as
part of those programmes. The aid thus notified shall be regarded as being notified within
the meaning of the first sentence of Article 88(3) of the Treaty.
Plant health programmes
1.France and Portugal shall submit programmes to the Commission for the control of
organisms harmful to plants or plant products in the French overseas departments and the
3.The financial contribution of the Community provided for in paragraph 2 and the amount
of the aid shall be decided in accordance with the procedure referred to in Article 26(3).
The measures eligible for Community financing shall be defined in accordance with the
Such contribution may cover up to 60% of eligible expenditure in the French overseas
departments and up to 75% of eligible expenditure in the Azores and Madeira. Payment
shall be made on the basis of documentation provided by the French and Portuguese
authorities. If necessary, checks may be organised by the Commission and conducted on its
behalf by experts as referred to in Article 21 of Council Directive 2000/29/EC1.
1.Chapter II of Title II and Chapters I and II of Title III of Council Regulation (EC)
No 1493/19992 and Chapter III of Commission Regulation (EC) No 1227/20003 shall not
apply to the Azores and Madeira.
2.Notwithstanding Article 19(1) of Regulation (EC) No 1493/1999, grapes from prohibited
direct-producer hybrid vine varieties (Noah, Othello, Isabelle, Jacquez, Clinton and
Herbemont) harvested in the Azores and Madeira may be used for the production of wine
Portugal shall notify the Commission, each year, of the progress made in converting and
restructuring areas planted with prohibited direct-producer hybrid vine varieties.
3.Chapter II of Title II and Title III of Regulation (EC) No 1493/1999 and Chapter III of
Regulation (EC) No 1227/2000 shall not apply to the Canary Islands, except for the crisis
distillation referred to in Article 30 of Regulation (EC) No 1493/1999, if there is
exceptional market disturbance caused by problems of quality.
1.As from the marketing year 1999/2000, for the purposes of sharing the additional levy
between the producers referred to in Article 4 of Regulation (EC) No 1788/2003, only
producers within the meaning of Article 5(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 of this paragraph shall be deemed to have
contributed to the overrun.
The additional levy shall be due on quantities exceeding the reference quantity thus
increased by the above-mentioned percentage, after reallocation of the unused quantities
within the margin resulting from this increase among all the producers within the meaning
The percentage referred to in the first subparagraph shall be equal to the ratio between the
quantities respectively of 73 000 tonnes for the marketing years 1999/2000 to 2004/05 and
23 000 tonnes as from the marketing year 2005/06 and the total of the reference quantities
available on each holding on 31 March 2000. It shall apply only to the reference quantities
available on 31 March 2000.
2.The quantities of milk or milk equivalent marketed which exceed the reference quantities
but which comply with the percentage referred to in paragraph 1, after the reallocation
referred to in that same paragraph, shall not be taken into account in establishing any
overrun by Portugal as calculated in accordance with Article 1 of Regulation (EC)
3.The additional levy scheme applicable to producers of cows' milk provided for in
Regulation (EC) No 1788/2003 shall not apply in the French overseas departments or,
within the limit of local production of 4 000 tonnes of milk, in Madeira.
4.Notwithstanding Articles 2 and 3 of Council Regulation (EC) No 2597/971, the production
in Madeira of UHT milk reconstituted from milk powder originating in the Community
shall be authorised within the limits of local consumption requirements, insofar as this
measure ensures that locally produced milk is collected and finds outlets. This product
1.Until the local numbers of young male bovines reach a level sufficient to ensure the
maintenance and development of local beef production in the French overseas departments
and Madeira, the possibility shall be introduced of importing bovine animals from third
countries, without applying the customs duties referred to in Article 30 of Regulation (EC)
No 1254/1999, for fattening and consumption in the French overseas departments and
Article 3(4) and 4(1) shall apply to animals qualifying for the exemption referred to in the
first subparagraph of this paragraph.
2.The numbers of animals qualifying for the exemption referred to in paragraph 1 shall be
determined when the need to import is justified, taking account of the development of local
production. These numbers, and detailed rules for the application of this Article, including
in particular the minimum duration of the fattening period, shall be fixed in accordance
with the procedure referred to in Article 26(2). Priority for such animals shall be given to
producers keeping animals for fattening at least 50% of which are of local origin.
State aid for tobacco production
Spain is hereby authorised to grant aid for the production of tobacco in the Canary Islands in
addition to the premium provided for in Title I of Regulation (EEC) No 2075/921. The grant of this
aid may not result in discrimination between producers in the islands.
The amount of the aid may not exceed EUR 2 980,62 per tonne. The additional aid shall be paid
for up to 10 tonnes each year.
Exemption of tobacco from customs duties
1.No customs duties shall be applied to direct imports into the Canary Islands of raw and
semi-manufactured tobacco falling, respectively, within:
(a) CN code 2401,
(b) and the following subheadings:
-2401 10 Tobacco, not stemmed/stripped,
-2401 20 Tobacco, partly or wholly stemmed/stripped,
-ex 24 01 20 Outer coverings for cigars presented on supports, in reels for the
The exemption provided for in the first subparagraph shall apply to products intended for
the local manufacture of tobacco products, up to an annual import limit of 20 000 tonnes of
raw stripped tobacco equivalent.
2.Detailed rules for the application of this Article shall be adopted in accordance with the
procedure referred to in Article 26(2).
1.The measures provided for in this Regulation, except for Article 16, shall constitute
intervention intended to stabilise the agricultural markets within the meaning of
Article 2(2) of Council Regulation (EC) No 1258/19991.
2.The Community shall finance the measures provided for in Titles II and III of this
Regulation up to an annual maximum as follows:
3.The amounts allocated annually to the programmes provided for in Title II may not exceed:
--- - French overseas departments: EUR 20,7 million,
--- - Azores and Madeira: EUR 17,7 million,
--- - Canary Islands: EUR 72,7 million.
GENERAL AND FINAL PROVISIONS
1.Member States shall submit a draft supply programme to the Commission in the light
of the financial allocation referred to in Article 24(2) and (3) by 30 September 2005 at
The draft programme shall comprise a draft forecast supply balance indicating the
products, the quantities thereof and the amount of aid for supply from the
Community together with a draft programme of support for local production.
2.The Commission shall evaluate the programmes proposed and approve them under
The measures necessary for the implementation of this Regulation shall be adopted in accordance
with the procedure referred to in Article 26(2). They shall include in particular:
-the conditions under which Member States may amend the quantities and levels of aid
for supply and the support measures or the allocation of resources allotted to support
-the [...] provisions relating to the minimum specifications of the checks and penalties
which Member States must apply.
1.The Commission shall be assisted by the Management Committee for Direct Payments
established by Article 144 of Regulation (EC) No 1782/2003, except for the
implementation of Article 16 of this Regulation, for which it shall be assisted by the
Committee on Agricultural Structures and Rural Development set up by Article 50 of
2.Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall
The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.
3.Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC
The period provided for in Article 4(3) of Decision 1999/468/EC shall be three
The Member States shall take the measures necessary to ensure compliance with this Regulation, in
particular as regards checks and administrative penalties, and shall inform the Commission thereof.
Communications and reports
3.Not later than 31 December 2009, and thereafter every five years, the Commission shall
submit a general report to Parliament and the Council showing the impact of the action
taken under this Regulation, accompanied if applicable by appropriate proposals.
Regulations (EC) Nos 1452/2001, 1453/2001 and 1454/2001 are hereby repealed.
References to the repealed Regulations shall be understood as references to this Regulation and
shall be read in accordance with the correlation table in Annex I.
Under the procedure provided for in Article 26(2), the Commission may adopt the necessary
transitional measures to ensure a smooth transition between the arrangements in force for
Amendment of Regulation (EC) No 1782/2003
Regulation (EC) No 1782/2003 is hereby amended as follows:
1)Article 70 is amended as follows:
(a) paragraph 1(b) is replaced by the following:
"(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 and the direct payments granted in the
reference period under Article 6 of Regulation (EEC) No 2019/93."
(b) paragraph 2, first subparagraph, is replaced by the following:
"2. Without prejudice to Article 6(2) of Regulation (EEC) No 2019/93, Member
States shall grant the direct payments referred to in paragraph 1 of this Article,
within the limit of the ceilings fixed in accordance with Article 64(2) of this
Regulation, under the conditions established in Title IV, Chapters 3, 6 and 7 to
13 of this Regulation and in Article 6 of Regulation (EEC) No 2019/93
2)The first subparagraph of Article 71(2) is replaced by the following:
"Without prejudice to Article 70(2) of this Regulation, in the transitional period the
Member State concerned shall effect each of the direct payments referred to in Annex VI
under the conditions established in Title IV, Chapters 3, 6 and 7 to 13 of this Regulation
and in Article 6 of Regulation (EEC) No 2019/93 respectively, within the limit of
budgetary ceilings corresponding to the component of these direct payments in the national
ceiling referred to in Article 41 of this Regulation, fixed in accordance with the procedure
referred to in Article 144(2) of this Regulation."
3)Annexes I and VI are amended as set out in Annex II to this Regulation.
Amendment of Regulation (EC) No 1785/2003
Regulation (EC) No 1785/2003 is hereby amended as follows:
1)Article 5 is deleted;
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
It shall apply from 1 January 2006. However, Articles 24a, 25 and 26 shall apply from the date of
its entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
No 1452/2001 Regulation (EC) No 1453/2001 Regulation (EC) No 1454/2001 Regulation (EC)
No 1785/2003 This Regulation
Article 1 Article 1 Article 1 Article 1
Article 2 Article 2 Article 2 Article 2
Article 3 (1) to (4) Article 3 (1) to (4) Article 3 (1) to (4) Article 3
Article 3(5) Article 3(5) Article 3(5) Article 4
3rd subparagraph of Article 3(6) Article 6
Article 11(3) Article 7
1st and 2nd 1st and 2nd 1st and 2nd Article 8
subparagraphs subparagraphs of subparagraphs of
of Article 3(6) Article 3(6) Article 3(6)
Article 21(1) and (2) Article 33(1) and (2) Article 19(1) and (2) Article 16(1) and (2)
Article 21(3) Article 33(3) Article 16(3)
Article 33(5) Article 16(4)
Article 21(5) Article 33(6) Article 19(4) Article 16(5)
Article 24 Article 36 Article 22 Article 17(1)
Article 20 Article 32 Article 18
Article 8 Article 19(1)
Article 10 Article 19(2)
Article 12 Article 19(3)
Article 23 Article 20(1) and (2)
Article 10(2) Article 15(3) Article 20(3)
Article 15(4) Article 20(4)
Article 7 Article 12 Article 21(1) and (2)
Annexes I and VI to Regulation (EC) No 1782/2003 are amended as follows:
1)Annex I is replaced by the following:
LIST OF SUPPORT SCHEMES FULFILLING THE CRITERIA SET OUT IN ARTICLE 1
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
Beef and veal Title IV, Chapter 12 of this Regulation (***), deseasonalisation premium,
(*****) Special premium
suckler cow premium (including when paid for heifers and including the additional national suckler cow premium when part-financed)
premium(***), extensification payment, additional
Grain legumes Title IV, Chapter 13 of this RegulationArea 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 2a Regulation (EC)
No 1259/1999Transitional area aid for farmers receiving less than EUR 1 250
Olive oil Title IV, Chapter 10b, of this Regulation Area payment
Silkworms Article 1 Regulation (EEC) No 845/72 Aid to encourage rearing
Bananas Article 12 Regulation (EEC) No 404/93 Production aid
Tobacco Title IV, Chapter 10c, of this Regulation Production aid
Hops Title IV, Chapter 10d of this Regulation
(***)(*****) Area payment
Posei Title III of Council Regulation No .../... Direct payments within the meaning of Article 2,
(******) under measures established in the programmes
Aegean Islands Articles 6 (**)(*****), 8, 11 Sectors: beef and veal; potatoes; olives; honey
and 12 Regulation (EEC)
Cotton Title IV, Chapter 10a, of this Regulation Area payment
(*) 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.
2)Annex VI is replaced by the following:
LIST OF DIRECT PAYMENTS IN RELATION TO THE SINGLE PAYMENT
REFERRED TO IN ARTICLE 33
Sector Legal base Notes
Arable crops Articles 2, 4 and 5 Regulation (EC) No 1251/1999 Area payment, including set-aside payments, grass silage payments, supplementary amounts
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 1 Regulation (EC) No 1577/96 Area payment
Rice Article 6 Regulation (EC) No 3072/95 Area payment
Seeds(*) Article 3 Regulation (EEC) No 2358/71 Production aid
Beef and veal Articles 4, 5, 6, 10, 11, 13 and 14 Regulation (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 5 Regulation (EC) No 2467/98 Article 1 Regulation (EEC) No 1323/90 Articles 4, 5 and 11(1) and (2), 1st, 2nd and 4th indents Regulation (EC) No 2529/2001Ewe and she-goat premium, supplementary premium and certain additional payments
Dried fodder Article 3 Regulation (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 GreeceSupport 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
No 2075/92/EEC Production aid
Hops Article 12 of Regulation (EEC)
No 1696/71 Area payment
Article 2 of Regulation (EEC)
No 1098/98 Aid for temporary resting
(*) Except in the case of application of Article 70.
(**) Starting from 2007, except in the case of application of Article 62."