COUNCIL OF Brussels, 5 November 2008
THE EUROPEAN UNION
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PUBLIC
15204/08
LIMITE
Interinstitutional File:
2008/0103 (CNS)
AGRI 364 AGRIORG 113 AGRIFIN 93
NOTE from :
General Secretariat
to : Special Committee on Agriculture
No. Cion prop. : 9656/08 - COM(2008) 306 final Subject :
Proposal for a Council Regulation establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (Health Check) consolidated text with further Presidency suggested amendments
Delegations will find attached a consolidated version of the draft Regulation. This document has
been prepared by the Presidency in consultation with the Commission services.
ANNEX I
Draft
COUNCIL REGULATION
establishing common rules for direct support schemes for farmers under the common
agricultural policy and establishing certain support schemes for farmers, amending
Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing
Regulation (EC) No 1782/2003
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 Act of Accession of Greece, and in particular paragraph 6 of Protocol No 4
thereto on cotton1,
Having regard to the proposal from the Commission2,
Having regard to the opinion of the European Parliament3,
Whereas:
(*)
The reforms of the Common Agricultural Policy (CAP) agreed in 2003/2004 included
provisions to gauge their effectiveness. In this context the Commission presented a
Communication to the European Parliament and Council entitled "Preparing for the 'Health
Check' of the CAP reform" on 20 November 20076. This Regulation takes account of That
Communication and the subsequent discussions of its main elements by the European
Parliament, the Council7, the Economic and Social Committee and the Committee of the
Regions, as well as numerous contributions arising from public consultation should be taken
into account.
(1) Experience drawn from the implementation 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 schemes8 in particular shows that certain
elements of the support mechanism need to be adjusted. In particular the decoupling of direct
support should be extended and the functioning of the Single Payment Scheme should be
simplified. Furthermore, Regulation (EC) No 1782/2003 has been substantially amended on
several occasions. In the light of these developments and in the interest of clarity it should be
repealed and replaced by this Regulation.
(2) Regulation (EC) No 1782/2003 established the principle that farmers who do not comply with
certain requirements in the areas of public, animal and plant health, environment and animal
(3) Furthermore, in order to avoid agricultural land being abandoned and ensure that it is
maintained in good agricultural and environmental condition, Regulation (EC) No 1782/2003
established a Community framework within which Member States 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. The abolition of compulsory set aside within the single payment scheme may in
certain cases have adverse effects on the environment, in particular as regards certain
landscape features. It is therefore appropriate to reinforce the existing Community provisions
aimed at protecting, where appropriate, specified landscape features.
(4) Protection and management of water in the context of agricultural activity has increasingly
become a problem in certain areas. The existing Community framework for good agricultural
and environmental condition should therefore also be reinforced with the aim of protecting
water against pollution and run-off and of managing the use of water.
(5) Since permanent pasture has a positive environmental effect, measures should be taken to
encourage the maintenance of existing permanent pasture to ensure against mass conversion
to arable land.
(6) 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 compulsory
progressive reduction of direct payments ("modulation") was introduced by Regulation (EC)
(7) The savings made through modulation are used to finance measures under the rural
development policy. Since Regulation (EC) No 1782/2003 was adopted, the agricultural
sector has been faced with a number of new and demanding challenges such as climate
change and the increasing importance of bio-energy, as well as the need for better water
management and more effective protection of biodiversity. The European Community, as
party to the Kyoto Protocol9, has been called to adapt its policies in the light of climate
change considerations. Furthermore, following serious problems relating to water scarcity and
droughts the Council, in its Conclusions on "Water Scarcity and Drought" of 30 October
2007, considered that water management issues in agriculture should be further addressed10.
Furthermore, the Council has emphasised in its Conclusions on "Halting the Loss of
Biodiversity" of 18 December 2006, that protecting biodiversity remains a major challenge
and while important progress has been made, the attainment of the European Community's
biodiversity target for 2010 will require additional efforts11. The Community acknowledges
the need to tackle these new challenges in the framework of its policies. In the area of
agriculture, rural development programmes adopted under Council Regulation (EC)
No 1698/2005 of 20 September 2005 on support for rural development by the European
Agricultural Fund for Rural Development (EAFRD)12 are an appropriate tool for dealing with
them. To enable Member States to revise their rural development programmes accordingly
without being required to reduce their current rural development activities in other areas,
additional funding needs to be made available. However, the financial perspectives for the
period 2007 to 2013 do not provide for the financial means to reinforce the Community's rural
development policy as necessary. Under these circumstances a large part of the financial
(8) The distribution of direct income support among farmers is characterised by the allocation of
a large quantity of payments to a rather small number of large beneficiaries. It is clear that
larger beneficiaries do not require the same level of unitary support for the objective of
income support to be efficiently attained. Moreover, the potential to adapt makes it easier for
larger beneficiaries to operate with lower levels of unitary support. It therefore seems fair to
expect farmers with large amounts of support to make a special contribution to the financing
of rural development measures addressing new challenges. Therefore, it appears appropriate
to establish a mechanism providing for an increased reduction in the largest payments, the
proceeds of which should also be used to address new challenges in the framework of rural
development. To ensure the proportionality of this mechanism the additional reductions
should increase progressively according to the amounts of the payments concerned.
(9) The particular geographical situation of the outermost regions as well as their insularity, small
area and mountainous terrain and climate impose additional burdens on their agricultural
sectors. In order to mitigate such burdens and constraints there should be a derogation from
the obligation to apply the modulation reduction to farmers in the outermost regions.
(10) The increased rates of compulsory modulation need to be taken into account by those Member
States that opted to apply a system of voluntary modulation. Council Regulation (EC)
No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct
payments provided for in Regulation (EC) No 1782/2003 establishing common rules for
direct support schemes under the common agricultural policy and establishing certain support
(11) The amounts resulting from the application of 5 percentage points corresponding to
modulation reductions determined in Regulation (EC) No 1782/2003 should be allocated
amongst Member States according to the same criteria established under that regulation, i.e.,
in accordance with objective criteria while establishing that a certain percentage of the
amounts should remain in the Member States where they were generated. In view of the
structural adjustments resulting from the abolition of rye intervention, provision should be
made for specific measures for certain rye production regions financed with part of the
amounts generated by modulation. Moreover, the amounts raised by applying any further
modulation reduction should be made available to the Member States in which they were
generated.
(12) In order to facilitate the functioning of modulation, notably with regard to the procedures for
granting direct payments to farmers, and the transfers to the rural development programmes,
net ceilings should be determined for each Member State to limit the payments to be made to
farmers following the application of modulation. Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agricultural policy14 should therefore be
amended accordingly.
(13) Farmers in the new Member States receive direct payments following a phasing-in
mechanism. In order to achieve a proper balance between policy tools designed to promote
sustainable agriculture and those designed to promote rural development, the system of
modulation should not be applied to farmers in the new Member States until the level of direct
(14) Modulation should not reduce the net amount paid to a farmer in a new Member State below
the amount to be paid to an equivalent farmer in the other Member States. Once modulation
becomes applicable to farmers in the new Member States, the rate of reduction should,
therefore, be limited to the difference between the level under the phasing-in schedule and the
level in the other Member States following the application of modulation. Moreover,
modulation should be taken into account in the granting of complementary national direct
payments to farmers in new Member States who are subject to modulation.
(15) With a view to ensuring that the amounts for the financing of the Common Agricultural
Policy CAP comply with the annual ceilings set in the financial perspectives, provision
should be made for a financial mechanism to adjust, where necessary, the direct payments. An
adjustment of direct support should be provided for when the forecasts indicate that the
subceiling of heading 2, with a safety margin of EUR 300 million, is exceeded in a given
budget financial year. Taking into account the levels of direct payments for farmers in the
new Member States as a result of phasing-in, it should be laid down that in the framework of
the application of the phasing-in mechanism to all direct payments granted in the new
Member States, the instrument of financial discipline should not apply in those Member
States until the level of direct payments applicable in those Member States is at least equal to
the level applicable in Member States other than the new Member States. In view of the
particular weight in the Communities' budget of the resource referred to in Article 2(1)(c) of
Council Decision 2007/436 on the system of the European Communities' own resources, it is
appropriate to provide, exceptionally, for the Council to adopt the necessary decision on a
(17) Member States have, in accordance with Article 9 of Regulation (EC) No 1290/2005, to take
the measures necessary to satisfy themselves that transactions financed by the European
Agricultural Guarantee Fund (EAGF) are actually carried out and are executed correctly, and
prevent and deal with irregularities. To this end they should operate an integrated
administration and control system for direct payments. In order to improve the effectiveness
and control of Community support the Member States should be authorised to make use of the
integrated system also in the case of Community schemes not covered by this Regulation.
(18) The main elements of the integrated administration and control system should be laid down
and, in particular, the provisions concerning 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 should be established.
(19) Managing small amounts is a burdensome task for the competent authorities of the Member
States. To avoid an excessive administrative burden, Member States should refrain from
granting direct payments where the payment would be lower than the Community average
support for one hectare or the eligible area of the holding for which support is claimed would
be less than one hectare. Special provision should be made for those Member States whose
farm structure differs significantly from the average Community farm structure. Member
States should have discretion to opt for the implementation of one of the two criteria taking
account of the particularities of the structures of their agricultural economies. As special
(20) Experience of the application of the single payment scheme shows that decoupled income
support was in a number of cases granted to beneficiaries other than natural persons whose
business purpose is not or only marginally targeted at performing an agricultural activity. To
prevent agricultural income support from being allocated to such persons companies and
firms, and to ensure that the Community support is entirely used to ensure a fair standard of
living for the agricultural community, Member States should be empowered, where such
allocation occurs, to refrain from granting such natural and legal persons them direct
payments under this Regulation.
(21) 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. In order to render the management of direct
payments more flexible, Member States should be allowed to pay direct payments in up to
two instalments per year.
(22) The support schemes under the CAP 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 any misallocation of Community funds, no support payments should be made to
farmers who have artificially created the conditions required to obtain such payments.
(23) In order to achieve the objectives of the CAP Common Agricultural Policy, common support
(24) Regulation (EC) No 1782/2003 established a single payment scheme that combined the
existing various support mechanisms into a single scheme of decoupled direct payments.
Experience of the application of the single payment scheme shows that some of its elements
can be simplified for the benefit of farmers and administrations. Furthermore, given that the
single payment scheme has in the meantime been implemented by all Member States that
were required to do so, a number of provisions that were linked to its initial implementation
have become obsolete and should therefore be adjusted. In this context, a significant under
use of payment entitlements has been detected in some cases. To avoid such a situation and
taking into account the fact that farmers are already familiar with the functioning of the single
payment scheme, the period initially fixed for returning unused payment entitlements to the
national reserve should be reduced to two years.
(25) The main elements of the single payment scheme should be maintained. In particular the
determination of national ceilings should ensure that the total level of support and
entitlements does not exceed current budgetary constraints. Member States should also
operate a national reserve that may be used to facilitate the participation of new farmers in the
scheme or to take account of specific needs in certain regions. Rules on the transfer and use of
payment entitlements should be laid down to ensure against speculative transfer and
accumulation of payment entitlements without a corresponding agricultural basis.
(26) The progressive integration of new sectors into the single payment scheme makes it necessary
to review the definition of the land eligible to benefit from the scheme or for the activation of
(27) Compulsory set aside of arable land was introduced as a supply control mechanism. Market
developments in the arable crops sector together with the introduction of decoupled aids no
longer justify the need for maintaining this instrument, which therefore should be abolished.
Set-aside entitlements established in accordance with Regulation (EC) No 1782/2003 are
should therefore be activated as regards hectares subject to the same eligibility conditions as
any other entitlement.
(28) Further to the integration of formerly coupled market support into the single payment scheme,
the value of payment entitlements was, in those Member States opting for historic
implementation, based on the individual level of past support. With a growing number of
years elapsing since the introduction of the single payment scheme and following the
successive integration of further sectors into the single payment scheme, it is becoming
increasingly hard to justify the legitimacy of significant individual differences in the support
level which are based only on past support. For this reason Member States that chose the
historic implementation model should be allowed under certain conditions to review the
allocated payment entitlements with a view to approximating their unit value while complying
with the general principles of Community law and the objectives of the CAP Common
Agricultural Policy. In this context Member States may take into account the specificities of
geographical areas when fixing closer values. The levelling of payment entitlements should
take place during an adequate transition period and within a limited range of reductions in
order to allow farmers reasonably to adapt to the changing levels of support.
(29) Under the 2003 reform, Member States had the option to apply the single payment scheme by
way of historic or regional implementation. Since then Member States have had the
opportunity to evaluate the effects of their choices as regards both their economic and
administrative appropriateness. Member States should therefore be given the opportunity to
review their initial choice in the light of their experience. For this reason, in addition to the
possibility of levelling the value of payment entitlements, Member States that applied the
historic model should be authorised to change over to the regional model. Furthermore,
Member States that chose to apply the regional model should be given the option to review
their decisions under certain conditions with the aim of approximating the value of payment
entitlements according to pre-established steps, while complying with the general principles
of Community law and the objectives of the CAP Common Agricultural Policy. Such changes
should take place during an adequate transition period and within a limited range of
reductions in order to allow farmers reasonably to adapt to changing levels of support.
(30) Regulation (EC) No 1782/2003, while introducing a decoupled single payment scheme,
allowed Member States to exclude certain payments from that scheme. At the same time
Article 64(3) of that Regulation provided for the revision of the options set out in Sections 2
and 3 of Chapter 5 of Title III thereto thereof, in the light of market and structural
developments. An analysis of relevant experience shows that decoupling introduces flexibility
in the choice of producers, enabling them to take their production decisions on the basis of
profitability and market response. This is particularly the case for the arable crops, hops and
seeds sectors, and to a certain extent, the beef sector. Therefore, the partially coupled
payments in these sectors should be integrated into the single payment scheme. In the case of
hops, Regulation (EC) No 1782/2003 allowed Member States to grant part of the hops area
payments to recognised producer organisations. In order to allow the producer
organisations to continue their activities as before, Regulation xxx [new Regulation
amending Regulation (EC) No 1234/2007] provides for equivalent amounts to be used in
the Member State concerned for the same activities. Such amounts should therefore be
deducted from the national ceilings provided for in this Regulation for that Member State.
In order for farmers in the beef sector gradually to adjust to the new support arrangements
provision should be made for a phasing-in of the integration of the special premium for male
animals and the slaughter premium. Since partially coupled payments in the fruit and
vegetable sectors were only recently introduced, and only as a transitional measure, no review
(31) However, as regards the suckler cow and sheep and goat sector, it appears that maintaining a
minimum level of agricultural production may still be necessary for the agricultural
economies in certain regions and, in particular, where farmers cannot have recourse to other
economic alternatives. Against this background, Member States should have the option to
maintain coupled support at the current level or, for suckler cows, at a lower level. In that
case, special provision should be made for compliance with the identification and registration
requirements provided for by 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 products15 and Council
Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification
and registration of ovine and caprine animals16, in particular with a view to ensuring the
traceability of animals.
(32) Member States should be allowed to use up to 10% of their ceilings for granting specific
support in clearly defined cases. Such support should allow Member States to address
environmental issues and improve the quality and marketing of agricultural products. Specific
support should also be available to buffer the consequences of the phasing-out of milk quotas
and the decoupling of support in particularly sensitive sectors. Given the growing importance
of an effective management of risks, Member States should be given the option to contribute
financially to the premiums farmers pay for crop insurance as well as to the financing of
financial compensation for certain economic losses in the event of animal or plant diseases.
With a view to respecting the Community's international obligations, the resources that could
(33) Direct payments under the single payment scheme were based on reference amounts of direct
payments that were received in the past or on regionalised per hectare amounts. Farmers in
the new Member States did not receive Community direct payments and had no historical
references for the calendar years 2000, 2001 and 2002. Therefore, provision was made under
Regulation (EC) No 1782/2003 for the single payment scheme in the new Member States to
be based on regionalised per hectare amounts. Several years after the accession of the new
Member States to the Community, however, the use of reference periods could be considered
for those new Member States that have not yet moved to the single payment scheme. With a
view to facilitating the transition to the single payment scheme and, in particular, to avoiding
speculative applications, it is therefore appropriate to authorise the new Member States to take
account of the areas for which historically support under the single area payment scheme was
granted for the calculation of the payment entitlements under the single payment scheme.
(34) Under the regionalised option for the single payment scheme the new Member States should
have the possibility to adjust the value of entitlements per hectare on the basis of objective
criteria in order to ensure equal treatment between farmers and to avoid market distortions.
(35) The new Member States should have the same possibilities as the other Member States to
partially implement the single payment scheme.
(36) The decoupling of direct support and the introduction of the single payment scheme were
essential elements in the process of reforming the CAP Common Agricultural Policy.
However, in 2003 several reasons called for specific support to be maintained for a number of
crops. Experience gained through the implementation of Regulation (EC) No 1782/2003
together with the evolution of the market situation indicates that schemes that were kept
outside the single payment scheme in 2003 can now be integrated into that scheme to promote
more market-oriented and sustainable agriculture. This is the case in particular with the olive
oil sector where only marginal coupling was applied. It is also the case with durum wheat,
protein crops, rice, potato starch, and nuts payments, where the decreasing effectiveness of
remaining coupled payment supports the decoupling option. In the case of flax, the support
for processing should also be abolished and the relevant amounts integrated into the single
payment scheme. As regards rice, potato starch and flax, provision should be made for a
transitional period in order to ensure that their shift to decoupled support is as smooth as
possible. As regards nuts, Member States should be allowed to continue to pay the national
part of the aid in a coupled way in order to cushion the effects of decoupling.
(37) As a consequence of the integration of new schemes into the single payment scheme,
provision should be made for the calculation of the new level of individual income support
under that scheme. In the case of nuts, potato starch, flax and dried fodder, such an increase
should be granted on the basis of the support farmers received in most recent years. However,
in the case of the integration of payments that were partially excluded from the single
payment scheme until now, Member States should be given the option to use the original
(38) Regulation (EC) No 1782/2003 established specific support for energy crops with a view to
assisting the sector to develop. Due to recent developments in the bio-energy sector and, in
particular, to the strong demand for such products on international markets and the
introduction of binding targets for the share of bio-energy in total fuel by 2020, there is no
longer sufficient reason to grant specific support for energy crops.
(39) On the occasion of the integration of the cotton sector into the single payment scheme, it was
deemed necessary for part of the support to continue to be linked to the cultivation of cotton
through a crop specific payment per eligible hectare to avoid any risk of production disruption
to the regions of cotton production. This choice should be maintained in accordance with the
objectives, set out in Protocol 4 on cotton annexed to the Act of Accession of Greece.
(40) To buffer the effects of the restructuring process in Member States which have granted the
restructuring aid provided for in Council Regulation (EC) No 320/2006 of 20 February 2006
establishing a temporary scheme for the restructuring of the sugar industry in the
Community17, sugar beet and cane producers should be granted aid for a maximum of five
consecutive years.
(41) The Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia and the Act of Accession of Bulgaria and Romania
provided that the farmers in the new Member States would receive direct payments, following
(42) Furthermore, those Acts of Accession provided for a transitional simplified support
mechanism for granting direct payments in the new Member States based on area. The main
features of that mechanism should be laid down. The single area payment scheme has proved
to be an efficient and simple system of granting income support to farmers. For the sake of
simplification the new Member States should be allowed to continue applying it until the end
of 2013.
(43) Further to the reform of the sugar and fruit and vegetable sectors and their integration into the
single payment scheme, those Member States that opted for applying the single area payment
scheme should be allowed to grant income support to growers of sugar beet, cane and chicory
and producers of certain fruit and vegetables in the form of separate payments. Likewise, the
same Member States should be allowed to pay separate specific support under similar
conditions to those applicable to the other Member States.
(44) As a consequence of the phasing in of direct payments in the new Member States the Acts of
Accession provided for a framework to allow new Member States to pay complementary
national direct payments. The conditions for granting such payments should be laid down.
(45) In the initial allocation of payment entitlements by the Member States, some errors led to
particularly high payments to farmers. This non-compliance is normally the subject of
financial correction until such time as corrective measures are taken. However, taking into
account the time that has elapsed since entitlements were first allocated, the necessary
(46) In accordance with Regulation (EC) No 1782/2003, Spain, France and Portugal decided to
exclude from the single payment scheme the direct payments made in the French overseas
departments, the Azores and Madeira and the Canary Islands and to grant them under the
conditions established in Title IV of that Regulation. Some of the aid provided for in that Title
has been completely integrated into the single payment scheme. For the sake of simplification
and to take into account the specific circumstances of the outermost regions, such aid should
be managed within the support programmes established by Regulation (EC) No 247/2006 of
30 January 2006 laying down specific measures for agriculture in the outermost regions
of the Union18. To this end the relevant funds should be transferred from the national ceilings
for direct payments to the financial amount set out in that Regulation. Regulation (EC)
No 247/2006 should therefore be amended accordingly.
(47) It should be specified that the provisions of this Regulation, which could give rise to
behaviour of a Member State possibly constitutive of State aid, should are, save as otherwise
provided for in this Regulation, be excluded from the application of the State aid rules given
that the provisions concerned include appropriate conditions for the granting of support, or
envisage the adoption of such conditions by the Commission, in order to prevent undue
distortion of competition.
(48) The measures necessary for the implementation of this Regulation should be adopted in
accordance with Council Decision 1999/468/EC19 of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the Commission,
(50) Member States should be given sufficient time to implement the provisions allowing
further decoupling of direct payments and those allowing them to review the decisions
adopted in the context of the 2003 reform. For this reason the relevant provisions of this
Regulation should only apply from 2010 and the repealed Regulation (EC) No 1782/2003
should therefore be applied during the year 2009 to those aid schemes that will only be
integrated into the single payment scheme from 2010,
TITLE I
SCOPE AND DEFINITIONS
Article 1
Scope
This Regulation establishes:
(a) common rules on direct payments;
(b) an income support scheme for farmers (hereinafter referred to as the "single payment
scheme");
(c) a transitional simplified income support scheme for farmers in the new Member States
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(hereinafter referred to as the "single area payment scheme");
(d) support schemes for farmers producing rice, starch potatoes, cotton, sugar, fruit and
vegetables, sheep-meat and goat-meat and beef and veal;
(e) a framework to enable new Member States to complement direct payments.
(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 6 of this Regulation;
(d) "direct payment" means a payment granted directly to farmers under a support scheme listed
in Annex I;
(e) "payments in a given calendar year" or "payments in the representative 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 to 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;
(h) "agricultural area" means any area taken up by arable land, permanent pasture or permanent
TITLE II
GENERAL PROVISIONS ON DIRECT PAYMENTS
CHAPTER 1
CROSS COMPLIANCE
Article 4
Main requirements
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1.A farmer receiving direct payments shall respect the statutory management requirements
listed in Annex II, and the good agricultural and environmental conditions as referred to in
Article 6.
The obligations referred to in the first subparagraph shall apply only in so far as the
agricultural activity of the farmer or the agricultural area of his the holding are is concerned.
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2.The competent national authority shall provide the farmer, inter alia by the use of electronic
means, with the list of statutory management requirements and good agricultural and
environmental condition to be respected.
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2.The acts referred to in Annex II shall apply within the framework of this Regulation in the
version as amended from time to time as in force and, in the case of Directives, as
implemented by the Member States.
Article 6
Good agricultural and environmental condition
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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 established in Annex
III, 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.
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2.Member States other than the new 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 other than Bulgaria and Romania 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.
CHAPTER 2
MODULATION AND FINANCIAL DISCIPLINE
Article 7
Modulation
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1.Any amount of direct payments to be granted in a given calendar year to a farmer in excess of
EUR 5 000 shall be reduced for each year until 2012 by the following percentages:
(a) 2009: 7%,
(b) 2010: 9%,
(c) 2011: 11%,
(d) 2012: 13%.
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2.The reductions referred to in paragraph 1 shall be increased for:
(a) amounts equal to or higher than EUR 100 000 and lower than EUR 200 000, by 3
percentage points,
(b) amounts equal to or higher than EUR 200 000 and lower than EUR 300 000, by 6
percentage points,
(c) amounts of EUR 300 000 or more, by 9 percentage points.
Article 8
Net ceilings
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1.Without prejudice to Article 11 of this Regulation, the total net amounts of direct payments
which may be granted in a Member State in respect of a calendar year after application of
Articles 7 and 10 of this Regulation and Article 1 of Regulation (EC) No 378/2007 shall not
be higher than the ceilings set out in Annex IV to this Regulation. Where necessary, Member
States shall make a linear reduction of the amounts of direct payments to which modulation
reductions apply, in order to comply with the ceilings set out in that Annex.
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2.The Commission, in accordance with the procedure referred to in Article 128(2), of this
Regulation, shall review the ceilings set out in Annex IV to this Regulation in order to take
account of:
(a) modifications to maximum amounts that may be granted in accordance with the direct
payments,
(b) modifications to the voluntary modulation referred to in Regulation (EC) No 378/2007,
(c) structural changes to the holdings.
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2.The amounts corresponding to one percentage point shall be allocated to the Member States
where the corresponding amounts have been generated. The amounts corresponding to the
reduction by 4 percentage points shall be allocated amongst the Member States concerned in
accordance with the procedure referred to in Article 128(2) on the basis of the following
criteria:
(a) agricultural area,
(b) agricultural employment,
(c) gross domestic product (GDP) per capita in purchasing power.
However, any Member State concerned shall receive at least 80% of the total amounts
referred to in the first subparagraph generated in that Member State.
-
3.By way of derogation from the second subparagraph of paragraph 2, 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 68, 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.
Article 10
Special rules for modulation in the new Member States
-
1.Article 7 shall only apply to farmers in a new Member State in any given calendar year if the
level of direct payments applicable in that Member State for that calendar year under
Article 110 is no less than the level in Member States other than the new Member States,
taking into account any reductions applied under Article 7(1).
-
2.If Article 7 applies to farmers in a new Member State, the percentage applicable under Article
7(1) shall be limited to the difference between the level of direct payments applicable to it
under Article 110 and the level in Member States other than the new Member States, taking
into account any reductions applied under Article 7(1).
3. [...]
-
4.Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the
new Member State where the corresponding amounts have been generated, in accordance with
the procedure referred to in Article 128(2). They shall be used in accordance with
Article 69(5a) of Regulation (EC) No 1698/2005.
Article 11
Financial discipline
-
1.With a view to ensuring that the amounts for the financing of the market related expenditure
and direct payments of the CAP common agricultural policy currently under heading 2 to
Annex I of the Inter Institutional Agreement20 on budgetary discipline and sound financial
management21 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 determined when the forecasts
for the financing of the aforementioned measures under heading 2 for a given budget
financial year, increased by the amounts given in Articles 122 and 123 of this Regulation and
before application of modulation provided for in Article 7 and 10 of this Regulation and
Article 1(1) of Regulation (EC) No 378/2007, indicate that the abovementioned annual
ceiling, taking into account a margin of EUR 300 million below that ceiling, will be exceeded.
-
2.The Council, acting on a proposal from the Commission presented not later than 31 March of
the calendar year in respect of which the adjustments referred to in paragraph 1 apply, shall
determine these adjustments at the latest by 30 June of the calendar year in respect of which
the adjustments apply.
CHAPTER 3
FARM ADVISORY SYSTEM
Article 12
Farm advisory system
-
1.Member States shall operate 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 fFarm advisory system shall cover at least the statutory management requirements and
the good agricultural and environmental condition referred to in Chapter 1.
Article 13
Conditions
-
1.Farmers may participate in the farm advisory system on a voluntary basis.
-
2.Member States may determine, in accordance with objective criteria, the priority categories
of farmer that have access to the farm advisory system shall give priority to the farmers who
receive more than EUR 15 000 of direct payments per year.
Article 15
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 to rendering
it compulsory.
CHAPTER 4
INTEGRATED ADMINISTRATION AND CONTROL SYSTEM
Article 16
Scope
Each Member State shall set up and operate an integrated administration and control system,
(hereinafter referred to as the "integrated system").
The integrated system shall apply to the support schemes listed in Annex I.
To the extent necessary, it shall also apply to the administration and control of the rules laid down
Article 17
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;
(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.Where Articles 54 and 55 of this Regulation apply, the integrated system shall incorporate a
system for the identification and registration of animals set up in accordance with Regulations
(EC) No 1760/2000 and (EC) No 21/2004.
-
3.Member States may include a geographical information system for olive cultivation in the
identification system for agricultural parcels.
Article 18
-
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 19
Identification system for agricultural parcels
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.
Article 20
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.
Article 21
Aid applications
-
1.Each year, a farmer shall submit an application for direct payments indicating, where
applicable:
(a) all the agricultural parcels on the holding, and where the Member State is applying
Article 17(3), the number of olive trees and their positioning in the parcel,
(b) the payment entitlements declared for activation,
(c) 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 make
available provide, inter alia by the use of electronic means, pre-printed established forms
based on the areas determined in the previous year as well as 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.
Member States may use remote sensing and Global Navigation Satellite System (GNSS)
techniques as a means of carrying out on-the-spot controlschecks on agricultural parcels.
-
3.Each Member State shall designate an authority responsible for coordinating the controls and
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 23
Reductions and exclusions in the event of non-compliance with eligibility rules
-
1.Without prejudice to reductions and exclusions provided for in Article 25, where it is found
that a farmer does not comply with the eligibility conditions relating to the granting of the aid
as provided for in this Regulation, 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 128(2).
-
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
Article 24
Controls on cross compliance
-
1.Member States shall carry out on-the-spot- controlschecks to verify whether a 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.
These systems, and notably the system for the identification and registration of animals set up
in accordance with Directive 92/102/EEC and Regulations (EC) No 1760/2000 and (EC)
No 21/2004, shall be compatible with the integrated system, as provided for in Article 28(1)
Article 25
Reduction or exclusion from payments in the event of non compliance with cross-compliance
rules
-
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 granted or to be granted, following
application of Articles 7, 10 and 11 to that farmer, shall be reduced or excluded in accordance
with the detailed rules laid down in Article 26.
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.
By way of derogation from the previous subparagraph, However, from 2010, where the
person to whom who committed the act or omission is directly attributable has also
submitted an aid application for in the relevant calendar year concerned, the reduction or
exclusion shall be applied to the total amounts of direct payments granted or to be granted to
-
3.Notwithstanding paragraph 1 of this Article and in accordance with the conditions laid down
in the detailed rules referred to in Article 26(1) of this Regulation, Member States may decide
not to apply a reduction or exclusion amounting to EUR 100 or less per farmer and per
calendar year, and which includes any reduction or exclusion applied to payments under
Article 51(1) of Regulation (EC) No 1698/2005.
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 obligation to take remedial action shall be notified to the farmer.
Article 26
Detailed rules on reductions and exclusion in the event of non compliance with cross-compliance
rules
-
1.Detailed rules for the reductions and exclusions referred to in Article 25 shall be laid down in
accordance with the procedure referred to in Article 128(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 the case of negligence, the percentage of reduction shall not exceed 5% and, in the 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. However, cases of non-compliance which constitute a direct risk to public or animal
health shall 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 control to ensure that the farmer remedies the findings of non-
compliance concerned. The finding of minor non-compliance and the obligation to take
Article 27
Amounts resulting from cross compliance
The amounts resulting from the application of the reductions and exclusions in the event of non-
compliance with Chapter 1 shall be credited to the EAGF. Member States may retain 25% of those
amounts.
Article 28
Compatibility of support schemes with the integrated system
-
1.For the purpose of applying the support schemes listed in Annex VI, 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 checkscontrols.
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.
Article 29
Information and control
-
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.In accordance with Article 37 of Regulation (EC) No 1290/2005, after informing the
competent authorities concerned in good time, authorised representatives appointed by the
Commission may carry out:
(a) any examination or control relating to the measures taken in order to establish and
implement the integrated system,
(b) controls at the specialised agencies and firms referred to in Article 22(3).
-
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 30
Minimum requirements for receiving direct payments
-
1.Member States shall not grant direct payments to a farmer in one of the following cases:
(a) where the total amount of direct payments claimed or due to be granted before the
reductions and exclusions provided for in Articles 23 and 25 in a given calendar year
is less than EUR 250100, or
(b) where the eligible area of the holding for which direct payments are claimed or due to
be granted before the reductions and exclusions provided for in Article 23 is less than
one hectare. However, Cyprus may set a minimum eligible area of 0,3 hectares and
Malta of 0,1 hectares.
In order to take account of the structure of their agricultural economies, Member States
may adjust the thresholds referred to in points (a) and (b) within the limits resulting from
by the application of the coefficient set out in Annex [VIa]. However, thresholds shall not
Where the amount paid is reduced as a consequence of a progressive introduction of direct
payments as foreseen in Article 110 of this Regulation, or point K of Annex VII of
Regulation (EC) No 1782/2003 or in application of point C of Annex VII of this
Regulation, the amount claimed or due to be granted shall be calculated on the basis of the
final amount of support to be received by the farmer.
Payment entitlements not giving right to payments during two consecutive years due to the
application of the first subparagraph shall revert to the national reserve.
-
2.Member States may establish appropriate objective and non-discriminatory criteria to ensure
that no direct payments are granted to a natural or legal person:
(a) whose agricultural activities form only an insignificant part of its overall economic
activities, or
(b) whose principal business or company objects do not consist of exercising an agricultural
activity.
-
3.Payment entitlements not giving right to payments during two consecutive years due to the
application of paragraphs 1 and 2 shall revert to the national reserve.
Article 31
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 in up to two instalments per year within the period from 1 December
to 30 June of the following calendar year.
-
3.Payments under support schemes listed in Annex I shall not be made before the controls with
regard toverification of eligibility conditions, to be carried out by the Member State pursuant
to Article 22, hasve been finalised.
-
4.By way of derogation from paragraph 2 of this Article and in accordance with the procedure
referred to in Article 128(2), the Commission may:
(a) provide for advances;
(b) 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:
Article 32
Circumvention clause
Without prejudice to any specific provisions in individual support schemes, no payment shall be
made to 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 32a
Force majeure and exceptional circumstances
For the purposes of this Regulation, 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.
TITLE III
SINGLE PAYMENT SCHEME
CHAPTER 1
GENERAL IMPLEMENTATION
Article 34
Payment entitlements
-
1.Support under the single payment scheme shall be available to farmers if they:
(a) hold payment entitlements which they have obtained in accordance with Regulation
(EC) No 1782/2003;
(b) obtain payment entitlements under this Regulation:
(i) by transfer,
(ii) from the national reserve,
-
3.Set-aside entitlements established in accordance with Articles 53(2), 63(2) and 71j of
Regulation (EC) No 1782/2003 shall lose their not be subject to previous set aside
obligations from the date of application of this Regulation.
Article 35
Activation of payment entitlements per eligible hectare
-
1.Support under the single payment scheme shall be granted to farmers upon activation of a
payment entitlement per eligible hectare. Activated payment entitlements shall give a right to
the payment of the amounts fixed therein.
-
2.For the purposes of this Title, "eEligible hectare" means
-
(a) any agricultural area of the holding, and the areas planted with short rotation coppice
(CN code ex 0602 90 41), that is used for an agricultural activity or, where areas are
used as well for non agricultural activities, predominantly used for agricultural
activities. The Commission, in accordance with the procedure referred to in
Article 128(2), shall lay down detailed rules on the use of eligible hectares for non
(b) any areas which gave right to payments under the single payment scheme or the
single area payment scheme in 2008 and which
(i) no longer comply with the definition of "eligible" as a result of the
implementation of Council Directives 79/409/EEC of 2 April 1979 on the
conservation of wild birds22 and 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora23 [...] and of Directive 2000/60/EC
of the European Parliament and of the Council of 23 October 2000 establishing a
framework for Community action in the field of water policy24, or
(ii) for the duration of the relevant commitment of the individual farmer scheme, are
afforested pursuant to Article 31 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)25 or to Article 43 of Regulation (EC)
No 1698/2005. or
(iii) for the duration of the relevant commitment of the individual farmer, are areas
set-aside pursuant to Articles 22 to 24 or of Regulation (EC) No 1257/1999 or to
Article 39 of Regulation (EC) No 1698/2005.
Except in the case of force majeure or exceptional circumstances, Hhectares shall comply
Article 36
Declaration of eligible hectares
-
1.The farmer shall declare the parcels corresponding to the eligible hectares accompanying any
payment entitlement. Except in the case of force majeure or exceptional circumstances, these
parcels shall be at the farmer's disposal on a date fixed by the Member State which shall be no
later than the date fixed in that Member State for amending the aid application.
-
2.Member States may, in duly justified circumstances, authorise the farmer to modify his
declaration on condition that he adheres to the number of hectares corresponding to his
payment entitlements and the conditions for granting the single payment for the area
concerned.
Article 37
Modification of payment entitlements
The payment entitlements per hectare shall not be modified, save as otherwise provided for in this
Regulation.
The Commission, in accordance with the procedure referred to in Article 128(2), shall lay down
detailed rules for the modification of payment entitlements, in particular in the case of fractions of
Article 39
Use of land in the event of the deferred integration of fruit and vegetables
Where a Member State has made use of the option provided for in the second subparagraph of
Article 51 of Regulation (EC) No 1782/2003 (hereinafter referred to as "deferred integration of the
fruit and vegetable sector into the single payment scheme"), the parcels in the regions concerned by
the decision, up to a date not later than 31 December 2010 may not be eligible if used for:
(a) the production of fruit and vegetables,
(b) the production of ware potatoes, or
(c) nurseries.
In the event of the deferred integration referred to in the first subparagraph, 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 128(2) for regions
where cereals are normally harvested earlier for climatic reasons.
Article 40
Use of land for the production of hemp
Article 41
National cCeilings
-
1.For each Member State and each year, the total value of all allocated payment entitlements
and of the ceilings fixed in accordance with Articles 53(2) and 68(8) of this Regulation, or,
for the year 2009, in accordance with Article 64(2) of Regulation (EC) No 1782/2003, shall
not be higher than the respective national ceiling referred to determined in Annex VIII to
this Regulation.
Where payment entitlements are allocated to wine growers and taking account of the latest
data made available to it by the Member States in accordance with Articles 9 and 102(6) of
Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the
market in wine26, the Commission shall, in accordance with the procedure referred to in
Article 128(2) of this Regulation, adapt the national ceilings set out in Annex VIII to this
Regulation. By 1 December of the year preceding the adaptation of the national ceilings,
Member States shall communicate to the Commission the regional average of the value of
entitlements referred to in point B of Annex VII to this Regulation.
-
2.Where necessary, a Member State shall make a linear reduction in the value of entitlements in
order to ensure compliance with its ceiling.
Article 42
National reserve
-
1.Each Member States shall operate a national reserve that incorporates the difference between
the ceilings determined in Annex VIII to this Regulation and the total value of all allocated
payment entitlements and the ceilings fixed according to Articles 53(2), and 68(8) of this
Regulation, or, for the year 2009, the ceilings fixed according to Article 64(2) of Regulation
(EC) No 1782/2003.
-
2.Member States may use the national reserve to grant, as a matter of priority and according to
objective criteria, payment entitlements to farmers who commence their agricultural activity
and in such a way as to ensure equal treatment between farmers and to avoid market and
competition distortions.
-
3.Member States that do not apply Article 68(1)(c) may use the national reserve for the purpose
of establishing, in accordance with objective criteria and in such a way as to ensure equal
treatment between farmers and to avoid market and competition distortions, payment
entitlements for farmers in areas subject to restructuring and/or development programmes
relating to one or other form of public intervention in order to ensure against land being
abandoned and/or to compensate farmers for specific disadvantages in those areas.
3a. Member States shall use the nNational reserve for the purpose of establishing, according to
Article 43
Unused payment entitlements
Any payment entitlement which has not been activated in accordance with Article 35 for a period of
2 years shall be allocated to the national reserve, except in the case of force majeure and
exceptional circumstances. However, for the year 2009, payment entitlements not activated for the
two years period 2007-2008, shall not be allocated to the national reserve if they were activated in
2006.
Article 44
Transfer of payment entitlements
-
1.Payment entitlements may only be transferred to a farmer established within the same
Member State except in the 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
Article 45
Conditions for special entitlements
-
1.Save as otherwise provided for in this Regulation, payment entitlements established under
Section 2 of Chapter 3 of Title III and Article 71m of Regulation (EC) No 1782/2003, and
Article 61a and the third subparagraph of Article 66 of this Regulation, hereinafter referred
to as "special entitlements", shall be subject to the conditions laid down in paragraphs 2 and 3
of this Article.
-
2.By way of derogation from Article 35(1) a farmer who has special entitlements shall be
authorised by the Member State to derogate from the requirement to activate entitlements by
an equivalent number of eligible hectares, provided that he maintains at least 50% of the
agricultural activity carried out in the reference period referred to in Regulation (EC) No
1782/2003 expressed in livestock units (LU), or in the case of special entitlements established
under Article 61a, 50% of the agricultural activity carried out before the transition to the
single payment scheme expressed in LU, or in the case of Article 66, 50% of the agricultural
activity carried out during the application of Articles 66 and 67 and 68 of Regulation (EC) No
1782/2003.
However where a farmer has been allocated special entitlements both under Regulation
(EC) No 1782/2003 and under this Regulation, he shall maintain at least 50 % of the
highest of the levels of activity referred to in the first subparagraph.
-
3.In the case of a transfer of the special entitlements, the transferee shall not benefit from the
derogation provided for in paragraph 2, except in the case of inheritance or anticipated
inheritance.
The previous first subparagraph shall not apply to Malta.
Article 46
Revision of payment entitlements
In duly justified cases, Member States having introduced the Single Payment Scheme in application
of Chapters I to IV of Title III of Regulation (EC) No 1782/2003 may decide, by 1 August 2009 at
the latest, and acting in compliance with the general principles of Community law to move in or
after 2010 towards approximating the value of payment entitlements.
Where the decision to move applies from 2010, it shall be taken by 1 August 2009. In any other
case it shall be taken by 1 August 2010.
To this end payment entitlements may be made subject to annual progressive modifications in
accordance with objective and non-discriminatory criteria. If the modification results in a
reduction in the value of entitlements, it shall be made in to at least three pre-established annual
steps and objective and non-discriminatory criteria.
Member States may decide to apply the preceding subparagraphs this Article at the appropriate
geographical level which shall be determined according to objective and non-discriminatory criteria
such as their institutional or administrative structure and/or the agricultural potential.
CHAPTER 2
REGIONAL AND PARTIAL IMPLEMENTATION
SECTION 1
REGIONAL IMPLEMENTATION
Article 47
Regional allocation of the ceiling referred to in Article 41
-
1.Having introduced the single payment scheme in accordance with Chapters 1 to 4 of Title III
of Regulation (EC) No 1782/2003 a Member State may decide, by 1 August 2009 at the latest,
to apply the single payment scheme in or after 2010 at regional level under the conditions laid
down in this Section. Where the decision shall apply from 2010, it shall be taken by 1
August 2009. In any other case it shall be taken by 1 August 2010.
-
2.Member States shall define the regions in accordance with objective and non discriminatory
criteria such as their institutional or administrative structure and the regional agricultural
potential.
Member States may consider their whole territory as one single region.
-
2.Farmers shall receive payment entitlements whose unit value shall be calculated by dividing
the corresponding part of the regional ceiling established under Article 47 by the number of
eligible hectares, within the meaning of Article 35(2), established at regional level.
The value of these payment entitlements shall be increased in cases where prior to the
application of this Article , by 15 May 2010, a farmer holds payment entitlements. To this
end, the regional unit value of each of his payment entitlements shall be increased by an
amount calculated on the basis of the total value of the payment entitlements which he held by
a date to be fixed by the Member State 15 May 2010. These increases shall be calculated
within the limits of the remaining part of the regional ceiling after application of paragraph 1
of this Article.
-
3.The number of entitlements per farmer shall be equal to the number of hectares the farmer
declares in 2010 in the year of application of the single payment scheme at regional level as
referred to in Article 47(1), in accordance with Article 35(2), except in the case of force
majeure or exceptional circumstances.
-
4.Payment entitlements held by farmers before the division referred to in paragraphs 1 and 2
shall be cancelled and replaced by the new entitlements referred to in paragraph 3.
Article 49
Revision of payment entitlements
-
1.In duly justified cases Member States applying Article 48 of this Regulation may decide,
by 1 August 2009 at the latest, and acting in compliance with the general principles of
Community law, to move in the year following the application of the single payment scheme
at regional level as referred to in Article 47(1) towards approximating the value of payment
entitlements established under this Section. To this end, they may make such payment
entitlements subject to annual progressive modifications in accordance with objective and
non-discriminatory criteria. If the modification results in a reduction in the value of the
entitlements, it shall be made in at least two pre-established annual steps and objective and
non-discriminatory criteria. Where the decision shall apply from 2010, it shall be taken by 1
August 2009. In any other case it shall be taken by 1 August 2010.
-
2.In duly justified cases Member States having introduced the single payment scheme in
accordance with Section 1 of Chapter 5 or Chapter 6 of Title III of Regulation (EC)
No 1782/2003 may decide, by 1 August 2010 at the latest, and acting in compliance with the
general principles of Community law, to move in or after 2010 towards approximating the
value of payment entitlements by making such payment entitlements subject to annual
progressive modifications in accordance with objective and non-discriminatory criteria. If
the modification results in a reduction in the value of the payment entitlements, it shall be
made in at least three pre-established annual steps and objective and non-discriminatory
-
3.The reduction in the value of any payment entitlement shall In none of the annual steps
referred to in paragraphs 1 and 2 shall the reduction in the value of any payment entitlement
be more than 50% of the difference between its initial starting and final value and that
applicable upon implementation of the final annual step. Where the reduction in the value is
less than 10% of the initial value Member States may apply fewer than three steps
4.
Member States may decide to apply paragraphs 1, 2 and 3 at the appropriate geographical
level which shall be determined in accordance with objective and non-discriminatory criteria
such as their institutional or administrative structure and/or the agricultural potential.
[...]
Article 51
Grassland
When applying Article 48, Member States may, in accordance with objective and
non-discriminatory criteria, determine, within the regional ceiling or part of it, different per unit
values of entitlements to be allocated to the farmers referred to in Article 48(1):
(a)
for hectares under grassland on the date set for the area aid applications for 2008 and for any
other eligible hectare, or alternatively,
(b)
for hectares under permanent pasture on the date set for the area aid applications for 2008 and
for any other eligible hectare.
SECTION 2
PARTIAL IMPLEMENTATION
Article 53
General provisions
-
1.Any Member State having excluded the sheep and goat and beef payments from the single
payment scheme under the conditions of Articles 67 and 68 of Regulation (EC) No 1782/2003
may decide, by 1 August 2009, to continue to apply the single payment scheme from 2010
under the conditions laid down in this Section and in conformity with the decision taken under
Article 64(1) of Regulation (EC) No 1782/2003. However, Member States may decide to set
the part of the component of their national ceiling to be used for additional payments to
farmers in accordance with Article 55(1) of this Regulation at a rate lower than that decided
under Article 64(1) of Regulation (EC) No 1782/2003.
Where a Member State excluded some fruit and vegetable payments from the single payment
scheme pursuant to Article 68b of Regulation (EC) No 1782/2003 or granted the transitional
fruit and vegetable payment in application of Article 143bc of the same that Rregulation, it
shall apply the single payment scheme under the condition laid down in this Section and in
conformity with the decision taken under Article 68b(1) and (2) and 143bc(1) and (2) of that
Article 54
Sheep and goat payments
Member States may retain up to 50% of the component of national ceilings referred to in Article 41
of this Regulation corresponding to the sheep and goat payments listed in Annex VI to Regulation
(EC) No 1782/2003 and shall make, on a yearly basis, an additional payment to farmers. Member
States having excluded the sheep and goat payments from the single payment scheme under the
conditions of Article 67 of Regulation (EC) No 1782/2003 shall apply the sheep and goat payments
in conformity with the decision taken under Article 64(1) of Regulation (EC) No 1782/2003.
The additional payment shall be granted to farmers rearing sheep and goats, under the conditions
provided for in Section 7 of Chapter 1 of Title IV of this Regulation and within the ceiling
determined in accordance with Article 53(2) of this Regulation.
Article 55
Beef and veal payments
-
1.Those Member States that in accordance with Article 68(2)(a)(i) of Regulation (EC)
No 1782/2003, retain all or part of the component of national ceilings referred to in Article 41
of this Regulation corresponding to the suckler cow premium referred to in Annex VI to
Regulation (EC) No 1782/2003 shall make, on a yearly basis, an additional payment to
-
2.In 2010 and 2011, those Member States that in accordance with Article 68(1), 68(2)(a)(ii)
or 68(2)(b) of Regulation (EC) No 1782/2003 retain all or part of the national ceilings referred
to in Article 41 of this Regulation corresponding to the slaughtering premium for calves, the
slaughtering premium for animals other than for calves or the special male premium may
make an additional payment to farmers. The additional payments shall be granted on
slaughtering of calves, on slaughtering of bovine animals other than calves and for holding
male bovine animals, under the conditions provided for in Section 8 of Chapter 1 of Title IV
of this Regulation.
The additional payment shall be made at 50% of the level applied under Article 68 of
Regulation (EC) No 1782/2003 and within the limit determined in accordance with
Article 53(2) of this Regulation.
Article 56
Transitional fruit and vegetables payments
-
1.Member States shall retain until 31 December 2011 up to 50% of the components of national
ceilings referred to in Article 41 of this Regulation corresponding to tomatoes, in accordance
with the decision that they took taken pursuant to Article 68b(1) or 143bc(1) of Regulation
(a) until 31 December 2010, up to 100% of the component of national ceilings referred to in
Article 41 of this Regulation corresponding to 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 up to 31 December 2012, up to 75% of the component of national
ceilings referred to in Article 41 of this Regulation corresponding to 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 determined in accordance with Article 53(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, as determined by the Member State concerned, under the conditions
provided for in Section 5 of Chapter 1 of Title IV:
(a) fresh figs,
(b) fresh citrus fruits,
CHAPTER 3
IMPLEMENTATION IN THE NEW MEMBER STATES HAVING APPLIED
THE SINGLE AREA PAYMENT SCHEME
Article 57
Introduction of the Single Payment Scheme in Member States having applied the Single Area
Payment Scheme
-
1.Save as otherwise provided for in this Chapter, the provisions of this Title shall apply to the
new Member States having applied the single area payment scheme provided for in Chapter 2
of Title V.
-
Articles 42 and Section 1 of Chapter 2 shall not apply.
2.
Any new Member State having applied the single area payment scheme shall take the
decisions referred to in Articles 53(1) and 68(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.
Except Bulgaria and Romania, any new Member State having applied the single area payment
scheme may provide that, in addition to the eligibility conditions established in Article 35(2),
"eligible hectare" means any agricultural area of the holding which has been maintained in
good agricultural condition on 30 June 2003, whether or not in production at that date.
Article 59
National reserve
-
1.Each new Member State shall make a linear percentage reduction in its national ceiling
referred to in Article 41 in order to constitute a national reserve.
-
2.The new Member States shall use the national reserve for the purpose of allocating, in
accordance with objective and non-discriminatory 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 128(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, in
accordance with objective and non-discriminatory 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.
-
4.The new Member States may use the national reserve to grant payment entitlements to
farmers who have commenced their agricultural activity after 1 January of the first year of
-
6.For the purposes of applying paragraphs 2 to 5, the new Member States may increase the unit
value of the payment entitlements held by the farmer concerned, within the limit of
EUR 5 000, or may allocate new payment entitlements to the farmer concerned.
-
7.The new Member States shall make linear reductions in the entitlements where their national
reserve is not sufficient to cover the cases referred to in paragraphs 2, 3 and 4.
Article 60
National ceilings referred to in Article 41
-
1.The new Member States may apply the single payment scheme at regional level.
-
2.The new Member States shall define the regions in accordance with objective and
non-discriminatory criteria.
-
3.Where applicable, each new Member State shall subdivide its national ceilings referred to in
Article 41 after any reduction provided for in Article 59 between the regions in accordance
with objective and non-discriminatory criteria.
Article 61
Allocation of payment entitlements
-
3.By way of derogation from paragraph 2, the new Member States may decide that the number
of entitlements per farmer shall be equal to the average annual number of all hectares which
during one or more years of a representative period to be fixed by the Member State but not
later than 2008 conferred a right to the single area payment, except in the case of force
majeure or exceptional circumstances.
However, when a farmer commences an agricultural activity in the representative period, the
average number of hectares shall be based on the payments he was granted in the calendar
year or years during which he exercised the agricultural activity.
Article 61a
Farmers with no eligible hectares
Where A farmer who was acting in the beef and veal sector, dairy sector or sheepmeat and
goatmeat sector who is entitled to receive payment entitlements in accordance with Articles 59(3)
and 61 for which he does not have eligible hectares in the first year of implementation of the single
payment scheme, he shall be allocated special entitlements, not exceeding 5000 EUR per
entitlement, as referred to in Article 45.
Article 62
Article 63
Conditions for the entitlements
-
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 decide, at the latest by 1 August of the year preceding the first year
of application of the single payment scheme, 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 to approximate the value of payment
entitlements in accordance with pre-established steps and objective and non discriminatory
criteria.
3 Except in the case of force majeure or exceptional circumstances a farmer may transfer his
payment entitlements without land only after he has activated, within the meaning of Article
35, 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.
CHAPTER 4
INTEGRATION OF COUPLED SUPPORT
INTO THE SINGLE PAYMENT SCHEME
Article 64
Integration of coupled support into the single payment scheme
As from 2010 Member States shall integrate the support available under coupled support schemes
referred to in points I, II, and III of Annex X into the single payment scheme in accordance with the
rules laid down in this Chapter.
Article 65
Integration of coupled support excluded from the single payment scheme
-
1.The amounts referred to in Annex XI that were available for coupled support under the
schemes referred to under point I of Annex X shall be distributed by the Member States
amongst the farmers in the sectors concerned in accordance with objective and non
discriminatory criteria, taking account, in particular, of support that those farmers received,
directly or indirectly, under the relevant support schemes during one or more years in the
period 2005 to 2008. In the case of the potato starch schemes referred to in the seventh indent
of point I of Annex X, Member States may distribute the amounts available under those
-
2.Member States shall increase the value of the payment entitlements held by the farmers
concerned on the basis of the amounts resulting from the application of paragraph 1.
The increase in value per payment entitlement per farmer shall be calculated by dividing the
amounts referred to in the precedingfirst subparagraph by the number of payment
entitlements of each farmer concerned.
However, where a farmer in a sector concerned does not hold any payment entitlement, he
shall be allocated payment entitlements whose:
-
(a) the number of which shall be equal to the number of hectares he declares in accordance
with Article 36(1) in respect of the year of integration of the coupled support scheme
into the single payment scheme,
(b) the value of which shall be established by dividing the amount referred to in the first
subparagraph by the number established in accordance with point (a).
-
3.By way of derogation from paragraphs 1 and 2, where a Member State introduced the single
payment scheme in accordance with Section 1 of Chapter 5 or Chapter 6 of Title III of
Regulation (EC) No 1782/2003 or where it makes use of the option provided in Article 48 of
this Regulation, the value of all payment entitlements shall may be increased by a
Article 66
Integration of coupled support partially excluded from the single payment scheme
The amounts available for coupled support under the schemes referred to under point II of Annex X
shall be distributed by the Member States amongst the farmers in the sectors concerned in
proportion to the support that those farmers received under the relevant support schemes during the
relevant reference periods referred to in Regulation (EC) No 1782/2003.
Member States may, however, choose a more recent representative period in accordance with
objective and non discriminatory criteria and, where a Member State introduced the single payment
scheme in accordance with Section 1 of Chapter 5 or Chapter 6 of Title III of Regulation (EC) No
1782/2003 or where it makes use of the option provided in Article 48 of this Regulation, in
accordance with the provisions in Article 65(3).
Member States shall increase the value of the payment entitlements of the farmers concerned or
allocate payment entitlements in accordance with the provisions of Article 65(2).
Where a farmer that received payments under Articles 67 and 68 of Council Regulation (EC)
No 1782/2003 would be entitled to receive payment entitlements in accordance with this Article for
which he does not have eligible hectares in the year of integration of the coupled support into the
Single Payment Scheme or where his payment entitlement per hectare results in an amount
CHAPTER 5
SPECIFIC SUPPORT
Article 68
General rules
-
1.Member States may decide by 1 August 2009 at the latest to use from 2010 up to 10% of their
national ceilings referred to in Article 41 to grant support to farmers:
(a) for:
(i) specific types of farming which are important for the protection or enhancement
of the environment,
(ii) improving the quality of agricultural products, or
(iii) improving the marketing of agricultural products;
(b) to address specific disadvantages affecting farmers in the dairy, beef and veal,
sheepmeat and goatmeat and rice sectors in economically vulnerable or
environmentally sensitive areas,
-
2.Support for the measures referred to in paragraph 1(a) may only be granted:
(a) if
(i) as regards support for the specific types of farming referred to in paragraph 1(a)
its point (i), it respects the requirements for agri-environment payments set out in
the first subparagraph of Article 39(3) of Regulation (EC) No 1698/2005, and
only for the coverage of the additional costs actually incurred and income
foregone in order to fulfil cover the objective concerned
-
(ii) as regards support for improving the quality of agricultural products referred to in
paragraph 1(a) its point (ii), it is consistent with Council Regulation (EC)
No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as
traditional specialities guaranteed27, Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications and designations of
origin for agricultural products and foodstuffs28, Council Regulation (EC)
No 834/2007 of 28 June 2007 on organic production and labelling of organic
products29 and Chapter I of Title II of Part II of Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agricultural markets and
on specific provisions for certain agricultural products (Single CMO
Regulation)30, and
-
(iii) as regards support for improving the marketing of agricultural products referred to
(b) only for coverage of the additional costs actually incurred and income foregone in order
to fulfil the objective concerned.
-
3.Support for the measures referred to in paragraph 1(b) may only be granted:
(a) upon full implementation of the single payment scheme in the sector concerned in
accordance with Articles 54, 55 and 71, and 71
(b) to the extent necessary to create an incentive to maintain current levels of production.
-
4.Support under the measures referred to in paragraph 1(a), (b) and (e) shall be limited to 2,5%
of the national ceilings referred to in Article 41.; Member States may set sub-limits per
measure.
-
5.Support for the measures referred to:
(a) in paragraph 1(a) and (d) shall take the form of annual additional payments,
(b) in paragraph 1(b) shall take the form of annual additional payments such as headage
payments or grassland premiums,
-
7.Support for measures referred to in paragraph 1 shall be consistent with other
Community measures and policies.
-
8.Member States shall raise the funds needed to cover the support referred to:
(a) in paragraph 1(a), (b), (c) and (d) by making a linear reduction in the entitlements
allocated to farmers and/or from the national reserve,
(b) in paragraph 1(e) by making, if necessary, a linear reduction in one or more of the
payments to be made to the beneficiaries of the relevant payments in accordance with
this Title and within the limits set out in paragraphs 1 and 3.
According to the choice decision made by each Member State pursuant to paragraph 1 on
the amount of national ceiling to be used in application of paragraph 1, the Commission
shall fix, in accordance with the procedure referred to in Article 128(2), a the corresponding
ceiling for the that support provided in this Article.
-
9.The Commission, in accordance with the procedure referred to in Article 128(2), shall define
the conditions for the granting of the support referred to underin this Section, in particular
with a view to ensuring consistency with other Community measures and policies and to
-
10.By 1 August [2011] Member States that took the decision referred to in paragraph 1 may
review it and decide, [from 2012,] to
-
a)modify the amounts for the funding of the measures referred to in this Chapter,
within the limits of paragraphs 1 and 4;
-
b)put an end to the application of specific support under this Chapter;
According to the decision made by each Member State pursuant to points a) and b) the
Commission shall fix, in accordance with the procedure referred to in Article 128(2), the
corresponding ceiling for that support.
Where a Member State decides to put an end to the application of this Chapter or where it
reduces the amounts used for its funding, Article 70a(2) shall apply.
Article 69
Crop animal, and plant insurance
-
1.Member States may grant financial contributions to premiums for crop , animal and plant
insurance against economic losses caused by adverse climatic events and animal or plant
(b) "animal diseases" means diseases mentioned in the list of animal diseases
established by the World Organisation for Animal Health and/or in the Annex to
Council Decision 90/424/EEC.
(c)
"economic losses" means any additional cost incurred by a farmer as a result of
exceptional measures taken by the farmer with the objective of reducing supply on
the market concerned or any substantial loss of production.
1a. A financial contribution may only be granted for loss caused by an adverse climatic event,
by an animal or plant disease or pest infestation which destroys more than 30% of the
average annual production of the farmer in the preceding three-year period or a three-year
average based on the preceding five-year period, excluding the highest and lowest entry.
-
2.The financial contribution granted per farmer shall be set at 60% not exceed [ %] of the
insurance premium due. Member States may decide to increase the financial contribution to
70%, taking account of the climatic situation or the situation of the sector concerned.
-
Member States may limit the amount of the premium that is eligible for a financial
contribution by applying appropriate ceilings.
-
3.Coverage by crop and/or animal and/or plant insurance shall only be available where the
occurrence of an adverse climatic event or the outbreak of an animal or plant disease or
pest infestation has been formally recognised as such by the competent authority of the
-
6.Member States' expenditure on the granting of financial contributions shall be co-financed by
the Community from the funds referred to in Article 68(1) at a rate of 40% [ %] of the
financial contribution eligible amounts of insurance premium determined in accordance with
paragraph 2 of this Article.
The first subparagraph shall not prejudice any powers of Member States to cover their
participation in the financing of the financial contributions in full or in part through
compulsory collective liability schemes in the sectors concerned.
6a. Member States shall ensure that economic losses for which compensation is granted in
accordance with other Community provisions including Article 44 of Regulation (EC) No
1234/2007 and those resulting from the application of any other health and veterinary or
plant health measures shall not be compensated in accordance with the first subparagraph
of paragraph 1.
-
7.The financial contribution shall not constitute a barrier to the operation of the internal market
in insurance services. The financial contribution shall not be limited to insurance provided by
a single insurance company or group of companies, or be made subject to the condition that
the insurance contract be taken out with a company established in the Member State
Article 70
Mutual funds for animal and plant diseases and environmental incidents
-
1.Member States may provide for financial compensation to be paid to farmers for economic
losses caused by the outbreak of an animal or plant disease or an environmental incident by
way of financial contributions to mutual funds.
-
2.For the purpose of this Article:
(a) "mutual fund" means a scheme accredited by the Member State in accordance with
national law for affiliated farmers to insure themselves, whereby compensation
payments are made to such farmers affected by economic losses caused by the outbreak
of an animal or plant disease or an environmental incident;
(b) "economic losses" means any additional cost incurred by a farmer as a result of
exceptional measures taken by the farmer with the objective of reducing supply on the
market concerned or any substantial loss of production. Costs for which compensation
may be granted in accordance with other Community provisions and those resulting
from the application of any other health and veterinary or plant health measures shall
not be considered as economic losses.
2a. As regards animal diseases compensation may only be granted in respect of diseases
mentioned in the list of animal diseases established by the World Organisation for Animal
Health and/or in the Annex to Council Decision 90/424/EEC.
2b. Member States shall ensure that economic losses for which compensation is granted in
accordance with other Community provisions including Article 44 of Regulation (EC) No
1234/2007 and those resulting from the application of any other health and veterinary or
plant health measures shall not be compensated in accordance with paragraph 1.
-
3.The mutual funds shall pay the financial compensation directly to affiliated farmers who are
affected by economic losses.
The source of the financial compensation paid by the mutual funds shall come from:
(a) capital stock contributed to the funds by affiliated farmers, or
(b) loans taken out by the funds on commercial terms.
(c) any amounts recovered in accordance with paragraph 9
Any initial capital stock shall not be contributed by public funds.
The minimum and maximum duration of the commercial loans eligible for a financial
contribution shall be determined by the Commission in accordance with the procedure
referred to in Article 128(2).
Where financial compensation is paid by the fund in accordance with point (c) of the first
subparagraph, the public financial contribution shall follow the same rhythm as that for a
commercial loan of minimum duration.
-
5.Any financial contribution shall not exceed 60% [ %] of the cost referred to in paragraph 4.
Member States may decide to increase their financial contribution to 70% taking account of
the situation of the sector concerned. Any cost not covered by financial contributions shall be
borne by the affiliated farmers.
Member States may limit the costs that are eligible for a financial contribution by applying:
(a) ceilings per fund,
(b) appropriate per unit ceilings.
-
6.Member States' expenditure on the financial contributions shall be co-financed by the
Community from the funds referred to in Article 68(1) at a rate of 40% [ %] of the amounts
-
8.Member States shall submit to the Commission an annual report on the implementation of this
Article. The form, content, timing and deadlines of the report shall be laid down by the
Commission in accordance with the procedure referred to in Article 128(2).
-
9.Where a farmer is granted financial compensation by a mutual fund under this Article any
legal right for the recovery of damages for the compensated economic losses which the
farmer may have under any provisions of Community or national law against any third
party shall be transferred to the mutual fund in accordance with rules to be established by
the Member State concerned.
Article 70a
Transitional provisions
-
1.Where a Member State that applied Article 69 of Regulation (EC) No 1782/2003 decides not
to apply the specific support provided for under this Chapter, the amounts retained under that
Article Article 69 of Regulation (EC) No 1782/2003 shall be integrated into the single
payment scheme in accordance with Article 66 of this Regulation.
-
2.By way of derogation from the first paragraph, where a Member State that applied Article 69
of Regulation (EC) No 1782/2003 decides to apply the specific support provided for under
this Chapter, it may use the amounts retained under Article 69 of Regulation (EC) No
-
3.Where a Member State decides to apply the specific support provided for in this Chapter and
at the same time applied under Article 69 of Regulation (EC) No 1782/2003 measures not
compatible with this Chapter, it may decide, by 1 August 2009, to continue to apply under
Article 68 of this Regulation the measures communicated to the Commission under Article
69 of Regulation (EC) No 1782/2003 and its implementing rules during years 2010 and 2011.
By way of derogation from Article 68(4), the total support under the measures referred to in
Article 68(1)(a), (b) and (e) may be limited to the ceiling fixed for the relevant Member
State in the application of Article 69 of Council Regulation (EC) No 1782/2003.
In that case Member States may also decide, by the same date 1 August 2009, to adjust such
measures annually towards making them compatible with this Chapter. Where a Member
State decides not to make the measures compatible, the amounts concerned shall be
integrated into the single payment scheme in accordance with Article 66 of this Regulation.
TITLE IV
OTHER AID SCHEMES
CHAPTER 1
COMMUNITY AID SCHEMES
SECTION 1
CROP SPECIFIC PAYMENT FOR RICE
Article 71
Scope
For the years 2009, 2010, and 2011, aid shall be granted to farmers producing rice, falling within
CN code 1006 10 under the conditions laid down in this Section.
Article 72
Conditions and amount of the aid
-
1.The aid referred to in Article 71 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
-
2.The amount of the aid referred to in Article 71 shall be as follows, according to the yields in
the Member States concerned:
EUR/ha
2009 2010 and 2011
Bulgaria 345,255 172,627
Greece 561,00 280,5
Spain 476,25 238,125
France 411,75 205,875
Italy 453,00 226,5
Hungary 232,50 116,25
Portugal 453,75 226,875
Romania 126,075 63,037
Article 73
Areas
A national base area for each producing Member State is hereby established. The base areas shall be
as follows:
-
-Bulgaria: 4 166 ha,
-
-Greece: 20 333 ha,
Article 74
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 73, 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 into sub-base areas, the reduction
provided for in paragraph 1 shall apply only to the farmers in sub-base areas where their
limits 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.
SECTION 2
AID FOR STARCH POTATO GROWERS
Article 75
Scope and Aamount of the aid
Aid shall be establishedgranted for farmers producing potatoes intended for the manufacture of
The amount of the payment applies to the quantity of potatoes needed for making one tonne of
starch. It shall be:
(a) EUR 66,32 for the marketing years 2009/2010 and 2010/2011;
(b) EUR 33,16 for the marketing years 2011/2012 and 2012/2013.
The amount shall be adjusted according to the starch content of the potatoes.
Article 76
Conditions
The aid referred to in Article 75 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 84a(2) of Council Regulation
(EC) No 1234/200732.
SECTION 3
CROP SPECIFIC PAYMENT FOR COTTON
Article 77
Article 78
Eligibility
-
1.The aid referred to in Article 77 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 actually harvested under
normal growing conditions.
The aid referred to in Article 77 shall be paid for cotton of sound and fair merchantable
quality.
-
2.Member States shall authorise the land and the varieties as referred to in paragraph 1 of this
Article in accordance with according to detailed rules and conditions adopted in accordance
with under the procedure referred to in Article 128(2).
Article 79
Base areas, fixed yields and reference amounts
-
1.The national base areas are hereby established shall be as follows:
-
-Bulgaria: 3 342 ha,
-
3.The amount of the aid per eligible hectare is shall be established by multiplying the yields
laid down in paragraph 2 with the following reference amounts:
-
-Bulgaria: EUR 671,33,
-
-Greece: EUR 251,75,
-
-Spain: EUR 400,00,
-
-Portugal: EUR 252,73.
-
4.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 3 for that Member State shall
be reduced proportionately to the overrun of the base area.
-
5.Detailed rules for the implementation of this Article shall be adopted in accordance with the
procedure referred to in Article 128(2).
Article 80
Approved inter-branch organisations
-
1.For the purpose of this Section, an "approved inter-branch organisation" means a legal entity
made up of farmers producing cotton and at least one ginner, carrying out activities such as:
-
2.The Member State in whose territory the ginners are established shall approve inter-branch
organisations that satisfy criteria to be adopted in accordance with the procedure referred to in
Article 128(2).
Article 81
Payment of the aid
-
1.Farmers shall be granted the aid referred to in Article 77 per eligible hectare pursuant to
Article 79.
-
2.Farmers who are members of an approved inter-branch organisation shall be granted the aid
referred to in Article 77 per eligible hectare within the base area laid down in Article 79(1),
increased by an amount of EUR 2.
SECTION 4
AID FOR SUGAR BEET AND CANE PRODUCERS
Article 82
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 Council Regulation (EC) No 318/2006 of 20 February 2006 on the common
organisation of the markets in the sugar sector33, Community aid shall be granted to sugar
beet and cane producers.
-
2.The aid referred to in paragraph 1 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 was
reached but no later than for the marketing year 2013/2014.
Article 83
Conditions
The aid referred to in Article 82 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 50 of
Article 84
Amount of the aid
The aid referred to in Article 82 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 Annex XII to this Regulation 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.
Except for Bulgaria and Romania, Articles 110 and 120 of this Regulation shall not apply to the aid
for sugar beet and cane producers.
SECTION 5
TRANSITIONAL FRUIT AND VEGETABLES PAYMENTS
Article 85
Transitional area aids
-
1.Where Article 56(1) or Article 117(1) is applied during the period referred to in those
provisions, a transitional area aid may be granted, under the conditions laid down in this
Section, to farmers producing tomatoes which are supplied for processing.
Article 86
Amount of the aid and eligibility
-
1.Member States shall determine the aid per hectare on which tomatoes and each fruit and
vegetable product listed in the third subparagraph of Article 56(2) are grown on the basis of
objective and non-discriminatory criteria.
-
2.The total amount of payments shall in no event exceed the ceiling determined in accordance
with Article 53(2) or Article 117.
-
3.The aid referred to in paragraph 1 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(1)(j) of Regulation (EC) No 1234/2007.
-
4.Member States may make the granting of Community aid subject to further objective and
non-discriminatory criteria, including being the conditional on that the farmers being is a
members of a producer organisation or producer group recognised respectively under
Article 125b or Article 125d e of Regulation (EC) No 1234/2007.
SECTION 6
TRANSITIONAL SOFT FRUIT PAYMENT
-
2.The aid referred to in paragraph 1 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(1)(j) of Regulation (EC) No 1234/2007.
-
3.The Community aid amount shall be EUR 230/ha.
-
4.Member States may pay a national aid in addition to the Community aid. The total amount of
Community and national aid shall not exceed EUR 400/ha.
-
5.The aid referred to in paragraph 1 shall be paid only in respect of maximum national
guaranteed areas allocated to Member States as follows:
National guaranteed area
Member State
(hectares)
Bulgaria 2 400
Hungary 1 700
Latvia 400
Lithuania 600
Poland 48 000
If the eligible area in a given Member State and in a given year exceeds the maximum
SECTION 7
SHEEP AND GOAT PREMIUMS
Article 88
Scope
Where Article 54 is applied, 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 Section, save
as otherwise provided for in this Regulation.
Article 89
Definitions
For the purposes of this Section, the following definitions shall apply:
(a) "ewe" means any female of the ovine species having lambed at least once or aged at least one
year;
(b) "she-goat" means any female of the caprine species having kidded at least once or aged at
least one year.
-
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 in accordance with the procedure referred
to in Article 128(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 nor 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.
-
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 92
Common rules on premiums
-
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 128(2).
-
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 96 95 may be maintained.
After the end of the period of application of the single area payment scheme in accordance
with Article 111 and where Article 54 is applied, the allocation of the individual ceilings to
producers and the setting up of the national reserve referred to in Article 95 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 under the measure taken pursuant to
paragraph 2, shall be cancelled.
-
4.The following ceilings shall apply:
Member State Rights (x 1000)
Bulgaria 2 058,483
Czech Republic 66,733
Denmark 104,000
Estonia 48,000
Spain 19 580,000
France 7 842,000
Cyprus 472,401
Latvia 18,437
Lithuania 17,304
Hungary 1 146,000
Poland 335,880
Portugal 2 690,000
Romania 5 880,620
Slovenia 84,909
Slovakia 305,756
Finland 80,000
Total 40 730,523
Article 94
Transfer of premium rights
-
1.When a farmer sells or otherwise transfers his holding, he may transfer all of 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 event of a transfer of rights without a transfer of the holding, a part of the premium
rights transferred, not exceeding 15%, shall be surrendered, without any compensation to the
national reserve of the Member State where the 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 from the national budget.
By way of derogation from paragraph 1 and in duly justified circumstances, Member States
may provide that, in the event of a sale or other transfer of the holding, the transfer of rights is
carried out via the national reserve.
Article 95
National reserve
-
1.Each Member State shall maintain a national reserve of premium rights.
-
2.Any premium rights withdrawn pursuant to Article 94(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 96
Ceilings
The sum of the amounts of each premium claimed shall not exceed the limit of the ceiling,
determined by the Commission pursuant to Article 53(2).
When the total amount of aid claimed exceeds the fixed ceiling, the aid per farmer shall be reduced
proportionately in that year.
Article 98
Definitions
For the purposes of this Section:
(a) "region" means a Member State or a region within a Member State, at the option of the
Member State concerned,
(b) "bull" means an uncastrated male bovine animal,
(c) "steer" means a castrated male bovine animal,
(d) "suckler" cow means 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" means a female bovine animal from the age of eight months which has not yet calved.
Article 99
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
-
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:
(i) the first time at the age of nine months,
(ii) 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 in accordance with the procedure referred to in Article
128(2).
(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 containing all relevant
information on its premium status or, if not available, by an equivalent administrative
document.
-
5.By way of derogation from paragraphs 1 and 4, Member States may:
-
(a) on the basis of objective criteria that are part of a rural development policy and only on
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,
(b) when 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,
the age criterion referred to in paragraph 2(a) for bulls shall be replaced by a minimum
carcass weight of 185 kg.
The premium shall be paid or passed back to the farmers.
-
7.The amount of the special premium shall be set at:
(a) EUR 210 per eligible bull;
-
8.The following regional ceilings shall apply:
Member State Regional ceiling
Bulgaria 90 343
Czech Republic 244 349
Denmark 277 110
Germany 1 782 700
Estonia 18 800
Cyprus 12 000
Latvia 70 200
Lithuania 150 000
Poland 926 000
Romania 452 000
Slovenia 92 276
Slovakia 78 348
Finland 250 000
Sweden 250 000
Article 100
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 the premium being granted;
(b) supplying milk or milk products whose total individual quota as referred to in Article 67
of Regulation (EC) No 1234/2007 does not exceed 120 000 kg.
However, Member States may decide on the basis of objective and non-discriminatory
criteria, which they determine, to change or waive the 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 not less than 60% and of heifers not exceeding 40% of the
-
4.Per eligible animal, tThe amount of the premium shall be set at EUR 200 per eligible animal.
-
5.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.
As regards holdings located in a region as defined in Articles 5 and 8 of Council Regulation
(EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European
Regional Development Fund, the European Social Fund and the Cohesion Fund34, the first
EUR 24,15 per animal of this additional premium shall be financed by the EAGF.
As regards 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 the male bovine animals
slaughtered belong to conformation classes S and E, the EAGF shall finance the additional
premium in total. Any overshoot of these percentages shall be 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
Article 101
Individual ceiling for suckler cow
-
1.Aid shall be granted to each farmer of suckler cows within the limit of the individual ceilings
which have been established pursuant to Article 126(2) of Regulation (EC) No 1782/2003.
-
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 5 and that the national
reserves referred to in Article 103 may be maintained.
After the end of the period of application of the single area payment scheme in accordance
with Article 111 and where Article 55(1) is applied, the allocation of the individual ceilings to
producers and the setting up of the national reserve referred to in Article 103 shall take place
no later than the end of the first year of 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:
(a) the rate at which farmers have used their individual ceilings during the three reference
-
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:
Member State National ceiling
Belgium 394 253
Bulgaria 16 019
Czech Republic 90 300
Estonia 13 416
Spain 1 441 539
France 3 779 866
Cyprus 500
Latvia 19 368
Lithuania 47 232
Hungary 117 000
Malta 454
Austria 375 000
Poland 325 581
Portugal 458 941
Romania 150 000
Article 102
Transfer of suckler cow premium rights
-
1.When a farmer sells or otherwise transfers his holding, he may transfer all of his suckler cow
premium rights to the person who takes over his holding.
-
2.He may also transfer, in whole or in part, his rights to other farmers without transferring his
holding.
In the event of a transfer of Where premium rights are transferred without a transfer of the
holding, a part of the rights transferred, not exceeding 15%, shall be surrendered without any
compensation to the national reserve of the Member State where the holding is situated, for
redistribution free of charge.
-
3.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 via the national reserve.
Article 103
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 the second subparagraph of paragraph 1 2 of
Article 102 or other Community provisions shall be added to the national reserve, without
prejudice to Article 101(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 104
Heifers
-
1.By way of derogation from Article 100(3) of this Regulation, Member States where more
than 60% of suckler cows and heifers are kept in mountain areas within the meaning of
Article 50 of Regulation (EC) No 1698/2005 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.
Article 105
Slaughter premium
-
1.A farmer keeping bovine animals on his holding may qualify, on application, for a slaughter
premium. It shall be granted on the 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 a carcass weight up
to 185 kg.
The animals listed in the second subparagraph shall be eligible for the slaughter premium
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).
Calves more than 1 and less
Bulls, steers, cows and heifers than 8 months old and of a
carcass weight up to 185 kg
Bulgaria 22 191 101 542
Czech Republic 483 382 27 380
Estonia 107 813 30 000
Cyprus 21 000 --
Latvia 124 320 53 280
Lithuania 367 484 244 200
Hungary 141 559 94 439
Malta 6 002 17
Poland 1 815 430 839 518
Romania 1 148 000 85 000
Slovenia 161 137 35 852
Slovakia 204 062 62 841
-
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 point (a) or (b) of the second
subparagraph of paragraph 1 and which satisfy the conditions for granting the slaughter
premium exceeds the national ceiling laid down for that group, the total number of eligible
Article 106
Common rules on premiums
To qualify for direct payments under this Section, an animal shall be identified and registered in
accordance with Regulation (EC) No 1760/2000.
Nevertheless, an animal shall also be deemed as eligible for the payment where the information on
previous movements of animals laid down in the second indent of Article 7(1) of Regulation (EC)
No 1760/2000 was has been reported to the competent authority on the first day at the beginning of
the retention period of the animal as determined in accordance with the procedure referred to in
Article 128(2) of this Regulation.
Article 107
Ceilings
The sum of the amounts of each direct payment claimed under this Section shall not exceed the
ceiling determined by the Commission in accordance with Article 53(2).
When the total amount of aid claimed exceeds the ceiling determined, the aid per farmer shall be
reduced proportionately in that year.
Article 108
Substances prohibited under Directive 96/22/EC
-
1.Where residues of substances prohibited under 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 ß-agonists35, or residues of substances authorised
under the aforementioned act that Directive but used illegally, are detected pursuant to the
relevant provisions of Council Directive 96/23/EC of 29 April 1996 on measures to monitor
certain substances and residues thereof in live animals and animal products36, 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 Section.
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 If the owner or holder of the animals obstructs when
the carrying out of the inspections are being carried out and when the taking of samples are
being taken which are necessary for the application of national residue-monitoring plans or
when the carrying out of the investigations and checks provided for under Directive
CHAPTER 2
NATIONAL AIDS
Article 109
National aid for nuts
-
1.From 2010 Member States may grant national aid, up to a maximum of EUR 120,75 per
hectare per year, to farmer producing the following products.
(a) almonds falling within CN codes 0802 11 and 0802 12,
(b) hazelnuts or filberts falling within CN codes 0802 21 and 0802 22,
(c) walnuts falling within CN codes 0802 31 and 0802 32,
(d) pistachios falling within CN codes 0802 50,
(e) locust beans falling within CN codes 1212 10 10.
-
2.The national aid may be paid only for a maximum area of:
Member State Maximum area (ha)
Belgium 100
Bulgaria 11 984
Germany 1 500
Greece 41 100
Spain 568 200
France 17 300
Italy 130 100
Cyprus 5 100
Luxembourg 100
Hungary 2 900
Netherlands 100
Poland 4 200
Portugal 41 300
Romania 1 645
Slovenia 300
Slovakia 3 100
United Kingdom 100
-
3.Member States may make the granting of national aid conditional on farmers being members
of a producer organisation recognised under Article 125b of Regulation (EC) No 1234/2007.
TITLE V
IMPLEMENTATION OF DIRECT PAYMENTS
IN THE NEW MEMBER STATES
CHAPTER 1
GENERAL PROVISIONS
Article 110
Introduction of direct payments
In the new Member States, except other than 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 Member States other than the new Member States:
-
-60% in 2009,
-
-70% in 2010,
-
-80% in 2011,
-
-90% in 2012,
For In 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 Member States other than the new Member States:
-
-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.
CHAPTER 2
SINGLE AREA PAYMENT SCHEME
Article 111
Single area payment scheme
-
1.The new Member States having decided to replace the direct payments, with the exception of
the transitional soft fruit payment established in Section 6 of Chapter 1 of Title IV of this
-
3.For any new Member State, the single area payment scheme shall be available
until 31 December 2013. 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.
-
4.After the end of the period of application of the single area payment scheme, the direct
payments shall be applied in accordance with 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 Acts of Accession for each direct payment and subsequent
Community legislation. The percentage rates set out in Article 110 of this Regulation for the
relevant years shall subsequently apply.
Article 112
Annual financial envelope
-
1.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.
The annual financial envelope shall be established according to the relevant Community rules
and on the basis of the quantitative parameters, such as base areas, premium ceilings and
Maximum Guaranteed Quantities, specified in the Acts of Accession and subsequent
Community legislation for each direct payment.
Article 113
Area under the single area payment scheme
-
1.The agricultural area of a new Member State other than Bulgaria and Romania under the
single area payment scheme shall be the part of its utilised agricultural area which has been
maintained in at good agricultural condition at 30 June 2003, whether or not in production at
that date, and, where appropriate, adjusted in accordance with the objective and non
discriminatory criteria to be set by that new Member State after approval by the Commission.
For the purposes of this Title, "utilised agricultural area" means the total area taken up by
arable land, permanent grassland, permanent crops and kitchen gardens as established by the
Commission for its statistical purposes.
However, fFor 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 or not in production, where appropriate adjusted in accordance
with the objective and non-discriminatory criteria to be set by Bulgaria or Romania after
approval by the Commission.
-
2.For the purpose of granting payments under the single area payment scheme, all agricultural
parcels corresponding to the criteria provided for in paragraph 1, as well as agricultural
parcels planted with short rotation coppice (CN code ex 0602 90 41) which have been
Except in the case of force majeure or exceptional circumstances, the parcels referred to in the
first subparagraph must 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.
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.
-
3.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 of this Article for any agricultural
purpose. In the case of the production of hemp, Article 40 shall apply.
-
4.Any land benefiting from payments under the single area payment scheme shall be maintained
in good agricultural and environmental conditions in accordance with Article 6.
Any farmer receiving support under the single area payment scheme shall respect the statutory
management requirements referred to in Annex II in accordance with the following timetable:
(a) requirements referred to under Point A of Annex II shall apply from 1 January 2009;
(b) requirements referred to under Points B and C of Annex II shall apply from
However, fFor Bulgaria and Romania, the application of Articles 4, 5, 25, 26 and 27 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 fulfil the statutory management requirements
referred to in Annex II in accordance with the following timetable:
(a) requirements referred to under Point A of Annex II shall apply from 1 January 2012;
(b) requirements referred to under Points B and C of Annex II shall apply from
1 January 2014.
-
5.The application of the single area payment scheme shall in no 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 Regulation (EC) No 1760/2000
and Regulation (EC) No 21/2004.
Article 114
Communication
New Member States shall inform the Commission in detail of the measures taken to implement this
Chapter, and in particular the measures taken pursuant to Article 112(2).
CHAPTER 3
SEPARATE PAYMENTS AND SPECIFIC SUPPORT
Article 115
Separate sugar payment
-
1.Where a new Member State has made use of the option provided for by Article 143ba of
Regulation (EC) No 1782/2003, it shall grant a separate sugar payment to farmers eligible
under the single area payment scheme. It shall be granted on the basis of the criteria adopted
by the relevant Member States in 2006 and 2007.
-
2.The separate sugar payment shall be granted within the limits of the ceilings set out in
Annex XII.
-
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 Annex XII. 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.
Article 116
Separate fruit and vegetables payment
-
1.Where a new Member State has made use of the option provided for in Article 143bb of
Regulation (EC) No 1782/2003, it shall grant a separate fruit and vegetables payment to
farmers eligible under the single area payment scheme. It This payment shall be granted in
accordance with the criteria adopted by the Member State in 2007.
-
2.The separate fruit and vegetables payment shall be granted within the limits of the component
of the national ceiling referred to in Article 41 of this Regulation corresponding to fruit and
vegetables or, at a lower ceiling where new Member State made use of the option provided for
in Article 143bb(3) of Regulation (EC) No 1782/2003, at a lower ceiling.
Article 117
Separate transitional fruit and vegetables payment
-
1.Where a new Member State has made use of the option provided for in Article 143bc(1) of
Regulation (EC) No 1782/2003, it shall retain, up to 31 December 2011, up to 50% of the
component of national ceilings referred to in Article 41 of this Regulation corresponding to
tomatoes falling within CN code 0702 00 00 in accordance with its decision of 2007.
In this case and within the limit of the ceiling determined fixed in accordance with the
-
2.Where a new Member State has made use of the option provided for in Article 143bc(2) of
Regulation (EC) No 1782/2003, it shall retain, in accordance with its decision of 2007:
(a) up to 31 December 2010, up to 100% of the component of national ceilings referred to
in Article 41 of this Regulation corresponding to the fruit and vegetable crops other than
annual crops listed in the third subparagraph of Article 56(2) of this Regulation;
(b) from 1 January 2011 up to 31 December 2012, up to 75% of the component of national
ceilings referred to in Article 41 of this Regulation corresponding to fruit and vegetable
crops other than annual crops listed in the third subparagraph of Article 56(2) of this
Regulation.
In this case and within the limit of the ceiling fixed determined in accordance with the
procedure referred to in Article 128(2) of this Regulation, 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 products, as determined by the Member State concerned, listed in the third
subparagraph of Article 56(2) of this Regulation.
Article 118
Common provisions for the separate payments
-
2.Article 120 shall not apply to the separate payments referred to in Articles 116 and 117.
Except in the case of Bulgaria and Romania, Article 120 shall not apply to the separate
payments referred to in Article 115.
-
3.In the event of actual or anticipated inheritance, the separate sugar payment and the separate
fruit and vegetables payment referred to in Articles 115 and 116 respectively shall be granted
to the farmer who inherited the holding, on condition that this farmer is eligible under the
single area payment scheme.
Article 119
Specific support
-
1.The new Member States applying the single area payment scheme may decide, by
1 August 2009 at the latest and with effect as from the calendar year 2010, to use up to 10%
of their national ceilings referred to in Article 41 to grant support to farmers as set out in
points (a), (b), (c), (d) and (e) of Article 68(1) and in accordance with Article 68(2) to (9), and
Articles 69 and 70.
-
2.By way of derogation from point (c) in Article 68(5), support for measures referred to in
point (c) of Article 68(1) shall take the form of an increase in the per hectare amounts granted
under the single area payment scheme.
CHAPTER 4
COMPLEMENTARY NATIONAL DIRECT PAYMENTS AND DIRECT
PAYMENTS
Article 120
Complementary national direct payments and direct payments
-
1.For the purposes of this Article,: "CAP-like national scheme" means 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:
(a) with regard to all direct payments, up to 30 percentage points above the applicable level
referred to in Article 110 in the relevant year. As far as Bulgaria and Romania are
concerned, the following shall apply: 65% of the level of direct payments in the
Community as constituted on 30 April 2004 in 2009 and from 2010 up to 30 percentage
points above the applicable level referred to in the second paragraph of Article 110 in
the relevant year. However, the Czech Republic may complement direct payments in the
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 25 percentage points;
(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 25
For each direct payment concerned a new Member State may choose to apply either
option point (a) or (b) above of the first subparagraph.
The total direct support a 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 a farmer would be entitled to
receive under the corresponding direct payment then applicable to the Member States in
the Member States other than the new Member States, from 2012, taking into account
the application of Article 7 in conjunction with Article 10.
-
3.Cyprus may complement the direct aid paid to a farmer under any direct payments for the
support schemes 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 a farmer is granted after
accession in Cyprus under the relevant direct payment, including all complementary national
direct payments in no event exceeds the level of direct support a farmer would be entitled to
receive under that direct payment in the relevant year in the Member States other than the new
Member States.
The total amounts of complementary national aid to be granted shall be those indicated in
-
5.The total amount of complementary national aid granted in that year when applying the single
area payment scheme may be limited by a specific financial envelope per (sub)sector provided
that such a (sub)sector specific financial envelope may only relate to:
-
-the combined direct payments to the single payment scheme, and/or
-
-for the year 2009, 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) of
Regulation (EC) No 1782/2003 or may be subject to partial implementation as referred
to in Article 64(2) of that rRegulation. From year 2010, one or more of the direct
payments that may be subject to partial implementation or specific support as referred to
in Articles 53(2) and 68 of this Regulation. This envelope shall be equal to the
difference between:
-
-the total amount of support per (sub)sector resulting from the application of 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.
-
-be granted subject to any adjustments which may be rendered necessary by
developments in the Common Agricultural PolicyCAP.
-
8.No complementary national payments or aid shall be granted for agricultural activities in
respect of which direct payments are not provided for in Member States other than the new
Member States.
Article 121
State aid in Cyprus
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 XIV 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 PolicyCAP. 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
TITLE VI
FINANCIAL TRANSFERS
Article 122
Financial transfer for restructuring in the cotton regions
An amount of EUR 22 million shall be available per calendar year as additional Community support
for measures in cotton producing regions under rural development programming financed under the
EAFRD.
Article 123
Financial transfer for restructuring in the tobacco regions
As from the budget financial year 2011, an amount of EUR 484 million shall be available as
additional Community support for measures in tobacco producing regions under rural development
programming financed under the EAFRD, for those Member States in which the tobacco producers
received aid in accordance with Council Regulation (EEC) No 2075/92of 30 June 1992 on the
common organization of the market in raw tobacco37 during the years 2000, 2001 and 2002.
TITLE VII
IMPLEMENTING, TRANSITIONAL
AND FINAL RULES PROVISIONS
CHAPTER 1
IMPLEMENTING PROVISIONS
Article 124
Confirmation of payment entitlements
-
1.Payment entitlements allocated to farmers before 1 January 2009 shall be deemed legal and
regular as from 1 January 2010.
-
2.Paragraph 1 shall not apply to payment entitlements allocated to farmers on the basis of
factually incorrect applications except in cases where the error could not reasonably have
been detected by the farmer.
-
3.Paragraph 1 shall not prejudice the Commission's power to take decisions referred to in
Article 31 of Regulation (EC) No 1290/2005 in relation to expenditure incurred for payments
granted in respect of any calendar year up to 2009 included.
Article 126
State aid
By way of derogation from Article 180 of Regulation (EC) No 1234/2007 and Article 3 of
Regulation (EC) No 1184/200638, Articles 87, 88 and 89 of the Treaty shall not apply to payments
made under Articles 42, 59, 65, 68 to 70a, 87(4), 100(5), 109, and 119 to 121 of this Regulation by
Member States in conformity with this Regulation.
Article 127
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 6, 12, 42, 46, 47, 53, 59, 60, 68, 69, 70, 70a
and 119.
Article 128
Management Committee for Direct Payments
-
1.The Commission shall be assisted by the a Management Committee for Direct Payments
consisting of representatives of the Member States and chaired by a representative of the
-
3.The Committee shall adopt its Rules of Procedure.
Article 129
Implementing rules
In accordance with the procedure referred to in Article 128(2), detailed rules shall be adopted for
the implementation of this Regulation. They shall include in particular:
(a) detailed rules relating to the establishment of a farm advisory system;
(b) detailed rules relating to the criteria for the allocation of amounts made available by the
application of modulation;
(c) detailed rules for the granting of aid provided for in this Regulation, including eligibility
conditions, dates of application and payment and control provisions as well as for checking
and establishing entitlement to the aids including any necessary exchange of data with the
Member States, and for the establishment of the overrun of the base areas or maximum
guaranteed areas as well as detailed rules concerning the determination of the retention
period, the withdrawal and reallocation of unused premium rights established under Sections
7 and 8 of Chapter 1 of Title IV;
(d) with regard to the single payment scheme, detailed rules relating in particular to the
(f) detailed implementing rules relating to the inclusion of fruit and vegetables, ware potatoes
and nurseries support in the single payment scheme, including the application procedure in
the first year of implementation, and relating to the payments referred to in Section 5 and 6 of
Chapter 1 of Title IV;
(g) detailed rules relating to the inclusion of wine support in the single payment scheme,
including the application procedure in the first year of implementation, in accordance with
Regulation (EC) No 479/08;
(h) with regard to hemp, detailed rules relating to the specific control measures and methods for
determining tetrahydrocannabinol levels;
(i) such amendments to Annex I as may become necessary, taking into account the criteria set
out in Article 1;
(j) such amendments to Annexes V and VII as may become necessary, taking into account in
particular new Community legislation;
(k) the basic features of the identification system for agricultural parcels and their definition;
(l)
any amendments which may be made to the aid application and exemption from the
requirement to submit an aid application;
-
(rq) communications between the Member States and the Commission;
(sr) measures which are both necessary and duly justified to resolve, in an emergency, practical
and specific problems, in particular those relating to the implementation of Chapter 4 of
Title II and Chapters 2 and 3 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;
(ts) with regard to cotton, detailed rules in respect of:
(i) the calculation of the reduction of the aid provided for in Article 79 80(4);
(ii) the approved inter-branch organisations, in particular their financing and a control and
sanction system.
CHAPTER 2
TRANSITIONAL AND FINAL PROVISIONS
Article 130
Amendments of Regulation (EC) No 1290/2005
Regulation (EC) No 1290/2005 is amended as follows:
2 Article 18(3) shall be replaced by the following:
"3. National ceilings for direct payments referred to in Article 8(2) of Regulation (EC)
No XXX/2008 [this Regulation)], corrected by the adjustments laid down in
Article 11(1) of that Regulation, shall be deemed to be financial ceilings in euro.
Article 131
Amendments of Regulation (EC) No 247/2006
Regulation (EC) No 247/2006 is amended as follows:
(1) Article 23(2) shall be replaced by the following:
"2. The Community shall finance the measures provided for in Titles II and III of this
Regulation up to an annual maximum as follows:
million EUR
Financial year
Financial Financial Financial
2010 and
year 2007 year 2008 year 2009
further
French overseas 126,6 262,6 269,4 278,41
(2) the following Article 24b is shall be inserted:
"Article 24b
-
1.By 15 February 2009 at the latest, Member States shall submit to the Commission the
draft amendments to their overall programme to reflect the changes made to
Article 23(2).
-
2.The Commission shall evaluate the amendments submitted and decide on their approval
within four months of their submission in accordance with the procedure referred to in
Article 26(2). The amendments shall apply from 1 January 2009".
Article 132
Amendments of Regulation (EC) No 378/2007
Regulation (EC) No 378/2007 is amended as follows:
(1) Article 1 is amended as follows:
(a) Paragraph 3 shall be replaced by the following:
"3. Reductions under voluntary modulation shall be made on the same basis of calculation
as that applicable to modulation pursuant to Article 7 of Council Regulation (EC)
(b) The following paragraph 5 shall be added:
"5. The modulation rates applicable to a farmer resulting from the application of Article 7
of Regulation (EC) No XXX/2008 (this Regulation) minus 5 percentage points shall be
deducted from the rate of voluntary modulation applied by Member States pursuant to
paragraph 4 of this Article. Both the percentage to be deducted and the final voluntary
modulation rate shall be equal to or higher than 0.
(2) in Article 3(1), point (a) shall be replaced by the following:
"(a) by derogation from Article 1(3) of this Regulation, to apply the reductions under
modulation on the basis of calculation applicable to modulation pursuant to Article 7 of
Regulation (EC) No xx/2008 [this Regulation], without taking into account the exclusion of
EUR 5 000 provided for in paragraph 1 of that Article ; and/or".
Article 133
Repeals
-
1.Regulation (EC) No 1782/2003 is hereby repealed.
However, Articles 66, 67, 68, 68a, 69, 70(1)(a) and Chapters 1 (durum wheat) 2, (protein
crops premium), 4 (area payment for nuts), 5 (energy crops), 9 (seed aid), 10 (arable crops
Article 134
Transitional rules
The Commission, in accordance with the procedure laid down referred to in Article 128(2), may
adopt the measures required to facilitate the transition from the arrangements provided for in
Regulation (EC) No 1782/2003 to those established by this Regulation.
Article 135
Transitional arrangements for new Member States
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 referred to in Article 128(2).
Article 136
Entry into force and application
This Regulation shall enter into force on the seventh day of its publication in the Official Journal of
the European Union.
It shall apply from 1 January 2009.
ANNEX I
List of support schemes
Sector Legal base Notes
Single payment Title III of this Regulation Decoupled payment
Single area payment Title V, Chapter 2 of this Decoupled payment replacing all the
scheme Regulation direct payments listed in this Annex,
except separate payments
Durum wheat Title IV, Chapter 1 of
Regulation (EC) No
1782/2003*
Protein crops Title IV, Chapter 2 of Area payment
Regulation (EC)
No 1782/2003
Rice Title IV, Chapter 1, Section Area payment
1 of this Regulation*
Nuts Title IV, Chapter 4 of Area payment
Regulation (EC)
No 1782/2003
Energy crops Title IV, Chapter 5 of Area payment
Regulation (EC)
Arable crops
Title IV, Chapter 10 of Area payment,
Regulation (EC)
No 1782/2003*
Sheepmeat and Title IV, Chapter 1, Ewe and she-goat premium
goatmeat Section 7 of this Regulation
Beef and veal Title IV, Chapter 1, Special premium, suckler cow
Section 8 of this Regulation premium (including when paid for
heifers and including the additional
national suckler cow premium when
part-financed), and slaughter
premium
Specific types of Article 69 of Council
farming and quality Regulation (EC) No
production 1782/2003*
Specific support Chapter 5 of Title III of this
Regulation
Olive groves Title IV, Chapter 10b of Area aid
Regulation (EC)
No 1782/2003
Silkworms Article 111 of Regulation Aid to encourage rearing
Sugar beet, cane
Title V, Article 115 of this Decoupled payments
and chicory used for Regulation
the production of
sugar or inulin syrup
Sugar beet and cane Title IV, Chapter 1 Section 4 Production aid
used for the of this Regulation
production of sugar
Fruit and vegetables Title IV, Chapter 1 Section 5 Transitional fruit and vegetables
delivered for of this Regulation payments
processing
Strawberries and Title IV, Chapter 1 Section 6 Transitional soft fruit payment
raspberries delivered of this Regulation
for processing
Fruit and vegetables Article 116 Separate fruit and vegetables
payment
Posei Title III of Council Direct payments under measures
Regulation (EC) established in the programmes
No 247/2006
Aegean islands Chapter III of Council Direct payments under measures
Regulation (EC) established in the programmes
ANNEX II
Statutory management requirements referred to in Articles 4 and 5
Point A.
Environment
-
1.Council Directive 79/409/EEC of 2 April 1979 on the Articles 3(1) and 3(2)(b),
conservation of wild birds (OJ L 103, 25.4.1979, p. 1) 4(1), (2), (4), 5(a), (b)
and (d)
-
2.Council Directive 80/68/EEC of 17 December 1979 on the Articles 4 and 5
protection of groundwater against pollution caused by certain
dangerous substances (OJ L 20, 26.1.1980, p. 43)
-
3.Council Directive 86/278/EEC of 12 June 1986 on the Article 3
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)
-
4.Council Directive 91/676/EEC of 12 December 1991 Articles 4 and 5
concerning the protection of waters against pollution caused by
nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1)
-
5.Council Directive 92/43/EEC of 21 May 1992 on the Articles 6 and 13(1)(a)
conservation of natural habitats and of wild flora and fauna
7.
Regulation (EC) No 1760/2000 of the European Parliament Articles 4 and 7
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)
-
8.Council Regulation (EC) No 21/2004 of 17 December 2003 Articles 3, 4 and 5
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).
Point B.
Public, animal and plant health
-
9.Council Directive 91/414/EEC of 15 July 1991 concerning the Article 3
placing of plant protection products on the market (OJ L 230,
19.8.1991, p. 1)
-
10.Council Directive 96/22/EC of 29 April 1996 concerning the Articles 3(a), (b), (d) and
prohibition on the use in stockfarming of certain substances (e), 4, 5 and 7
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)
-
11.Regulation (EC) No 178/2002 of the European Parliament and Articles 14, 15, 17(1)1,
of the Council of 28 January 2002 laying down the general 18, 19 and 20
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)
-
12.Regulation (EC) No 999/2001 of the European Parliament and Articles 7, 11, 12, 13 and
of the Council of 22 May 2001 laying down rules for the 15
prevention, control and eradication of certain transmissible
spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1)
Notification of diseases
-
13.Council Directive 85/511/EEC of 18 November 1985 Article 3
introducing Community measures for the control of
foot-and-mouth disease (OJ L 315, 26.11.1985, p. 11)
-
14.Council Directive 92/119/EEC of 17 December 1992 Article 3
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)
-
15.Council Directive 2000/75/EC of 20 November 2000 laying Article 3
down specific provisions for the control and eradication of
bluetongue (OJ L 327, 22.12.2000, p. 74)
Point C.
Animal welfare
-
16.Council Directive 91/629/EEC of 19 November 1991 laying Articles 3 and 4
down minimum standards for the protection of calves
(OJ L 340, 11.12.1991, p. 28)
-
17.Council Directive 91/630/EEC of 19 November 1991 laying Articles 3 and 4(1)
down minimum standards for the protection of pigs (OJ L 340,
11.12.1991, p. 33)
-
18.Council Directive 98/58/EC of 20 July 1998 concerning the Article 4
protection of animals kept for farming purposes (OJ L 221,
ANNEX III
Good agricultural and environmental condition referred to in Article 6
Issue Standards Standards to be applied by Member States where relevant
Soil erosion: Minimum soil cover Retain terraces
Minimum land management reflecting site- specific
Protect soil through appropriate measures conditions
Retain terraces
Soil organic matter: Standards for crop rotations where applicable
Arable stubble management Standards for crop rotations
Maintain soil organic matter levels through
appropriate practices
Soil structure: Appropriate machinery use Appropriate machinery use
Maintain soil structure through appropriate measures
Minimum level of maintenance: Minimum livestock stocking rates or/and appropriate Minimum livestock stocking rates or/and appropriate
regimes regimes
Ensure a minimum level of maintenance and avoid Protection of permanent pasture
the deterioration of habitats Retention of landscape features, including, where
appropriate, hedges, ponds, ditches trees in line, in
group or isolated and field margins,
where appropriate, prohibition of the grubbing up of
Avoiding the encroachment of unwanted vegetation Prohibition of the grubbing up of olive trees
on agricultural land
Maintenance of olive groves and vines in good Maintenance of olive groves and vines in good
vegetative condition vegetative condition
Protection of permanent pasture
Protection and management of water: Establishment of buffer strips along water courses1,
Protect water against pollution and run-off, and Where use of water for irrigation is subject to
manage the use of water authorisation, Ccompliance with authorisation
procedures. for using water for irrigation.
1
Note : The GAEC buffer strips must comprise, both within and outside vulnerable zones designated pursuant to Article 3(2) of Directive 61/676/EEC concerning the protection
of water against pollution caused by nitrates from agricultural sources, at least the requirements relating to conditions for land application of fertiliser near water
courses, referred to in point A4 of Annex II of Directive 91/676/EEC to be applied in accordance with the Action Programmes of Member States established in respect
of Article 5(4) of Directive 91/676/EEC ".
ANNEX IV
Net national ceilings referred to in Article 8
million EUR
Calendar year 2009 2010 2011 2012
Belgium 583,2 570,9 563,1 553,9
Czech Republic 773,0
Denmark 985,9 965,3 954,6 937,8
Germany 5 472,1 5 343,8 5 275,3 5 183,9
Estonia 88,9
Ireland 1 283,1 1 264,0 1 247,1 1 230,0
Greece 2 566,0 2 364,1 2 347,5 2 322,8
Spain 5 165,9 5 038,1 5 013,9 4 948,3
France 8 218,5 8 021,2 7 930,7 7 796,2
Italy 4 323,6 4 103,7 4 073,2 4 023,3
Cyprus 48,2
Latvia 130,5
Lithuania 337,9
Luxembourg 35,2 34,5 34,0 33,4
Hungary 1 150,9
ANNEX V
List of cereals referred to in Article 9(3)
CN code Description
Cereals
1001 10 00 Durum wheat
1001 90 Other wheat and meslin other than durum wheat
1002 00 00 Rye
1003 00 Barley
1004 00 00 Oats
1005 Maize
1007 00 Grain sorghum
1008 Buckwheat, millet and canary seed; other cereals
ANNEX VI
Compatible support schemes referred to in Article 28
Sector Legal base
Less-favoured areas and areas with Articles 13(a), 14(1) and the first two indents of
environmental restrictions Article 14(2), 15, 17 to 20, 51(3) and 55(4) of
Regulation (EC) No 1257/1999
Measures targeting the sustainable use
of agricultural land through:
natural handicap payments to Article 36(a) (i) of Regulation (EC) No 1698/2005
farmers in mountain areas
payments to farmers in areas with Article 36(a) (ii) of Regulation (EC) No 1698/2005
handicaps, other than mountain
areas
Natura 2000 payments and Article 36(a)(iii) of Regulation (EC) No 1698/2005
payments linked to Directive
2000/60/EC
agri-environment payments Article 36(a)(iv) of Regulation (EC) No 1698/2005
Measures targeting the sustainable use
of forestry land through:
first afforestation of agricultural Article 36(b)(i) of Regulation (EC) No 1698/2005
ANNEX VIa
Coefficients to be applied under Article 30(1)
Member State Coefficient Limit Coefficient Limit
for the EUR for the hectare
threshold threshold
(Article 30(1)(a)) (Article 30(1)(b))
Belgium 400 1,67 2 2,26
Bulgaria 200 0,81 0,5 0,43
Czech Republic 200 0,87 5 7,08
Denmark 300 1,30 5 4,50
Germany 300 1,16 4 3,67
Estonia 100 0,40 3 2,51
Ireland 200 0,97 3 2,67
Greece 400 1,45 0,4 0,40
Spain 300 1,06 2 1,93
France 300 1,10 4 4,08
Austria 200 0,93 2 1,61
Poland 200 0,71 0,5 0,50
Portugal 200 0,69 1 0,96
Romania 200 0,68 0,3 0,28
Slovenia 300 1,07 0,5 0,53
Slovakia 200 0,70 2 2,30
Finland 200 0,84 3 2,70
Sweden 200 0,83 4 3,54
United Kingdom 200 0,82 5 4,67
ANNEX VII
Payment entitlements referred to in Article 34(b)(iii)
A. Fruit and vegetables, ware potatoes and nurseries
-
1.For the purposes of this Annex, "fruit and vegetables" shall mean the products listed in
Article 1(1)(i) and (j) of Regulation (EC) No 1234/2007, 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.
Farmers shall receive a payment entitlement per hectare which is calculated by dividing the
reference amount referred in paragraph 2 by the number of hectares as calculated in
accordance with paragraph 3.
-
2.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 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.
-
3.Member States shall calculate the applicable hectares on the basis of objective and non-
discriminatory criteria such as the areas referred to in the second indent of the first
subparagraph of point paragraph 2.
For the purposes of this Regulation, "fruit and vegetables" shall mean the products listed in
Article 1(1)(i) and (j) of Regulation (EC) No 1234/2007, 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.
-
4.A farmer whose production was adversely affected during the representative period referred
to in paragraph 2 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 referred to in
paragraph 2 be calculated on the basis of the calendar year or years in the representative
period not affected by the case of force majeure or exceptional circumstances.
B. Wine (grubbing up)
Farmers who participate in the grubbing up scheme laid down in Chapter III of Title V of
Regulation (EC) No 479/2008 shall be allocated, in the year following the grubbing up, payment
entitlements equal to the number of hectares for which they have received a grubbing up premium.
The unit value of these payment entitlements shall be equal to the regional average of the value of
the entitlements of the corresponding region. However, the unit value shall in any case not exceed
EUR 350/ha.
By way of derogation from the first subparagraph where the hectares for which a farmer has
received the grubbing up premium have had previously been taken into account for the
allocation of payment entitlements the value of the payment entitlements held by the farmer
concerned shall be increased by the amount resulting from the multiplication of the number of
hectares grubbed up referred to in the first subparagraph with the unit value referred to in the
second subparagraph.
C. Wine (transfer from support programmes)
Where Member States choose to provide support in accordance with Article 9 of Regulation (EC)
No 479/2008, they shall establish a reference amount for each farmer as well as the applicable
-
-which shall not exceed in conformity with the overall available amount for this measure
referred to in Article 6(e) of Regulation (EC) No 479/2008.
Farmers shall receive a payment entitlement per hectare which is calculated by dividing the
reference amount referred to by the number of applicable hectares.
ANNEX VIII
National ceilings referred to in Article 41
Table 1
(EUR 1000)
2016 and subsequent years
Member State 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Belgium 411053 580376 593395 606935 614179 611901 613281 613281 614661 614661 614661 614661
Denmark 943369 1015479 1021296 1027278 1030478 1031321 1043421 1043421 1048999 1048999 1048999 1048999
Germany 5148003 5647175 5695607 5744240 5770254 5781666 5830711 5830711 5855001 5855001 5855001 5855001
Greece 838289 2143603 2171217 2365298 2367713 2209591 2210829 2216533 2216533 2216533 2216533 2216533
Spain 3266092 4635365 4649913 4830954 4838512 5070413 5114250 5139246 5139316 5139316 5139316 5139316
France 7199000 8236045 8282938 8382272 8404502 8444468 8500503 8504425 8518804 8518804 8518804 8518804
Ireland 1260142 1335311 1337919 1340752 1342268 1340737 1340869 1340869 1340869 1340869 1340869 1340869
Italy 2539000 3791893 3813520 4131330 4143175 4277633 4320238 4369974 4369974 4369974 4369974 4369974
Luxembourg 33414 36602 37051 37051 37051 37084 37084 37084 37084 37084 37084 37084
Netherlands 386586 428329 833858 846389 853090 853169 882793 882793 897600 897600 897600 897600
Austria 613000 633577 737093 742610 745561 747298 750019 750019 751616 751616 751616 751616
Portugal 452000 504287 570997 608221 589723 600296 600370 605967 605972 605972 605972 605972
Finland 467000 561956 563613 565690 566801 565823 568799 568799 570583 570583 570583 570583
Sweden 637388 670917 755045 760281 763082 765229 768853 768853 770916 770916 770916 770916
United Kingdom 3697528 3944745 3960986 3977175 3985834 3986361 3987844 3987844 3987849 3987849 3987849 3987849
Table 2
(EUR 1000)
2016 and
Member State 2009 2010 2011 2012 2013 2014 2015 subsequent
years
Bulgaria 287 399 328 997 409 587 490 705 571 467 652 228 732 986 813 746
Czech Republic 559 622 647 080 735 801 821 779 909 164 909 164 909 164 909 164
Estonia 60 500 70 769 80 910 91 034 101 171 101 171 101 171 101 171
Cyprus 31 670 38 845 43 730 48 615 53 499 53 499 53 499 53 499
Latvia 90 016 104 025 118 258 132 193 146 355 146 355 146 355 146 355
Lithuania 230 560 268 746 305 964 342 881 380 064 380 064 380 064 380 064
Hungary 807 366 935 912 1 064 312 1 191 526 1 318 542 1 318 542 1 318 542 1 318 542
Malta 3 434 3 851 4 268 4 685 5 102 5 102 5 102 5 102
Poland 1 877 107 2 164 285 2 456 894 2 742 771 3 033 549 3 033 549 3 033 549 3 033 549
Romania 623 399 713 207 891 072 1 068 953 1 246 821 1 424 684 1 602 550 1 780 414
Slovenia 87 942 102 047 116 077 130 107 144 236 144 236 144 236 144 236
Slovakia 240 014 277 779 314 692 351 377 388 191 388 191 388 191 388 191
Ceilings calculated taking account of the schedule of increments provided for under Article 110.
ANNEX IX
National ceilings referred to in Article 56
The component of national ceilings referred to in Article 56(1) corresponding to tomatoes shall be
as follows:
Member State Amount
( 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
The component of national ceilings referred to in Article 56(2) corresponding to fruit and vegetable
crops other than annual crops shall be as follows:
Member State Amount
( 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 2009: 4,856
in 2010: 4,919
in 2011: 4,982
in 2012: 5,045
Hungary 0,244
Romania 0,025
Portugal 2,900
ANNEX X
Integration of coupled support into the single payment scheme as referred to in Article 64
I.
-
-From 2010, the specific quality premium for durum wheat provided for in Chapter 1 of
Title IV of Regulation (EC) No 1782/2003;
-
-from 2010, the protein crop premium provided for in Chapter 2 of Title IV of Regulation (EC)
No 1782/2003;
-
-from 2010, the crop specific payment for rice provided for in Chapter III of Title IV of
Regulation (EC) No 1782/2003 and Section 1 of Chapter 1 of Title IV of this Regulation, in
accordance with the time schedule provided for in Article 72(2) of this Regulation;
-
-from 2010, the area payment for nuts provided for in Chapter 4 of Title IV of Regulation (EC)
No 1782/2003;
-
-from 2011, the aid for processing dried fodder provided for in Subsection I of Section I of
Chapter IV of Title I of Part II of Regulation (EC) No 1234/2007;
II.
From 2010, where a Member State granted the:
-
-seed aid provided for in Chapter 9 of Title IV of Regulation (EC) No 1782/2003;
-
-arable crops area payment provided for in Chapter 10 of Title IV of Regulation (EC)
No 1782/2003;
-
-aid for olive groves provided for in Chapter 10b of Title IV of Regulation (EC)
No 1782/2003;
-
-hops area aid provided for in Chapter 10d of Title IV of Regulation (EC) No 1782/2003;
-
-in accordance with the time schedule provided for in Title III, Chapter 2, Article 55, beef and
veal payments, except the suckler cow premium.
III.
From 2010, where a Member States does not take the decision referred to in Article 53(1) of this
ANNEX XI
Integration of coupled support into the Single Payment Scheme as referred to in Article 65
Dried fodder (EUR 1000)
2016 and
Member State 2011 2012 2013 2014 2015 subsequent
years
Belgium
Denmark 2 779 2 779 2 779 2 779 2 779 2 779
Germany 8 475 8 475 8 475 8 475 8 475 8 475
Ireland 132 132 132 132 132 132
Greece 1 238 1 238 1238 1 238 1 238 1 238
Spain 43 725 43 725 43 725 43 725 43 725 43 725
France 35 752 35 752 35 752 35 752 35 752 35 752
Italy 22 605 22 605 22 605 22 605 22 605 22 605
Luxembourg
Netherlands 5 202 5 202 5 202 5 202 5 202 5 202
Austria 64 64 64 64 64 64
Portugal 69 69 69 69 69 69
Finland 10 10 10 10 10 10
Sweden 180 180 180 180 180 180
United Kingdom 1 478 1 478 1 478 1 478 1 478 1 478
Bulgaria
Czech Republic 922 922 922 922 922 922
Estonia
Cyprus
Durum wheat specific quality premium
(EUR 1000)
2016 and
Member State 2010 2011 2012 2013 2014 2015 subsequent
years
Belgium
Denmark
Germany
Ireland
Greece 20 301 20 301 20 301 20 301 20 301 20 301 20 301
Spain 22 372 22 372 22 372 22 372 22 372 22 372 22 372
France 8 320 8 320 8 320 8 320 8 320 8 320 8 320
Italy 42 457 42 457 42 457 42 457 42 457 42 457 42 457
Luxembourg
Netherlands
Austria 280 280 280 280 280 280 280
Portugal 80 80 80 80 80 80 80
Finland
Sweden
United Kingdom
Bulgaria 349 436 523 610 698 785 872
Czech Republic
Estonia
Cyprus 173 198 223 247 247 247 247
Latvia
Lithuania
Hungary 70 80 90 100 100 100 100
Protein crops (EUR 1000)
2016 and
Member State 2010 2011 2012 2013 2014 2015 subsequent
years
Belgium 84 84 84 84 84 84 84
Denmark 843 843 843 843 843 843 843
Germany 7 231 7 231 7 231 7 231 7 231 7 231 7 231
Ireland 216 216 216 216 216 216 216
Greece 242 242 242 242 242 242 242
Spain 10 905 10 905 10 905 10 905 10 905 10905 10 905
France 17 635 17 635 17 635 17 635 17 635 17635 17 635
Italy 5 009 5 009 5 009 5 009 5 009 5009 5 009
Luxembourg 21 21 21 21 21 21 21
Netherlands 67 67 67 67 67 67 67
Austria 2 051 2 051 2 051 2 051 2051 2051 2 051
Portugal 214 214 214 214 214 214 214
Finland 303 303 303 303 303 303 303
Sweden 2 147 2 147 2 147 2 147 2147 2147 2 147
United Kingdom 10 500 10 500 10 500 10 500 10500 10500 10 500
Bulgaria 160 201 241 281 321 361 401
Czech Republic 1 858 2 123 2 389 2 654 2654 2654 2 654
Estonia 169 194 218 242 242 242 242
Cyprus 17 19 22 24 24 24 24
Latvia 109 124 140 155 155 155 155
Lithuania 1 486 1 698 1 911 2 123 2123 2123 2 123
Hungary 1 369 1 565 1 760 1 956 1956 1956 1 956
Rice
(EUR 1000)
2016 and
Member State 2010 2011 2012 2013 2014 2015 subsequent
years
Belgium
Denmark
Germany
Ireland
Greece 5 703 5 703 11 407 11 407 11 407 11 407 11 407
Spain 24 997 24 997 49 993 49 993 49 993 49 993 49 993
France 3 922 3 922 7 844 7 844 7 844 7 844 7 844
Italy 49 737 49 737 99 473 99 473 99 473 99 473 99 473
Luxembourg
Netherlands
Austria
Portugal 5 596 5 596 11 193 11 193 11 193 11 193 11 193
Finland
Sweden
United Kingdom
Bulgaria 288 360 863 1 007 1 151 1 294 1 438
Czech Republic
Estonia
Cyprus
Latvia
Lithuania
Hungary 262 300 674 749 749 749 749
Malta
Nuts (EUR 1000)
2016 and
Member State 2010 2011 2012 2013 2014 2015 subsequent
years
Belgium 12 12 12 12 12 12 12
Denmark
Germany 181 181 181 181 181 181 181
Ireland
Greece 4 963 4 963 4 963 4 963 4 963 4 963 4 963
Spain 68 610 68 610 68 610 68 610 68 610 68 610 68 610
France 2 089 2 089 2 089 2 089 2 089 2 089 2 089
Italy 15 710 15 710 15 710 15 710 15 710 15 710 15 710
Luxembourg 12 12 12 12 12 12 12
Netherlands 12 12 12 12 12 12 12
Austria 12 12 12 12 12 12 12
Portugal 4 987 4 987 4 987 4 987 4 987 4 987 4 987
Finland
Sweden
United Kingdom 12 12 12 12 12 12 12
Bulgaria 579 724 868 1 013 1 158 1 302 1 447
Czech Republic
Estonia
Cyprus 431 493 554 616 616 616 616
Latvia
Lithuania
Hungary 245 280 315 350 350 350 350
Long fibre flax processing aid
(EUR 1000)
2016 and
Member State 2011 2012 2013 2014 2015 subsequent
years
Belgium 1 380 1 380 2 760 2 760 2 760 2 760
Denmark
Germany 30 30 60 60 60 60
Ireland
Greece
Spain 5 5 10 10 10 10
France 5 580 5 580 11 160 11 160 11 160 11 160
Italy
Luxembourg
Netherlands 480 480 960 960 960 960
Austria 15 15 30 30 30 30
Portugal 5 5 10 10 10 10
Finland 20 20 40 40 40 40
Sweden 5 5 10 10 10 10
United Kingdom 5 5 10 10 10 10
Bulgaria 1 1 3 3 3 3
Czech Republic 192 192 385 385 385 385
Estonia 3 3 6 6 6 6
Cyprus
Latvia 36 36 72 72 72 72
Lithuania 226 226 453 453 453 453
Hungary
Potato starch premium (Article 95a of Regulation (EC) No 1234/07)
(EUR 1000)
2016 and
Member State 2011 2012 2013 2014 2015 subsequent
years
Belgium
Denmark 3 743 3 743 3 743 3 743 3 743 3 743
Germany 16 279 16 279 16 279 16 279 16 279 16 279
Ireland
Greece
Spain 43 43 43 43 43 43
France 5 904 5 904 5 904 5 904 5 904 5 904
Italy
Luxembourg
Netherlands 9 614 9 614 9 614 9 614 9 614 9 614
Austria 1 061 1 061 1 061 1 061 1 061 1 061
Portugal
Finland 1 183 1 183 1 183 1 183 1 183 1 183
Sweden 1 381 1 381 1 381 1 381 1 381 1 381
United Kingdom
Bulgaria
Czech Republic 749 749 749 749 749 749
Estonia 6 6 6 6 6 6
Cyprus
Latvia 129 129 129 129 129 129
Lithuania 27 27 27 27 27 27
Production aid for Ppotato starch growers
(EUR 1000)
2016 and
Member State 2011 2012 2013 2014 2015 subsequent
years
Belgium
Denmark 5 578 5 578 11 156 11 156 11 156 11 156
Germany 24 261 24 261 48 521 48 521 48 521 48 521
Ireland
Greece
Spain 64 64 129 129 129 129
France 8 799 8 799 17 598 17 598 17 598 17 598
Italy
Luxembourg
Netherlands 14 328 14 328 28 655 28 655 28 655 28 655
Austria 1 581 1 581 3 163 3 163 3 163 3 163
Portugal
Finland 1 763 1 763 3 527 3 527 3 527 3 527
Sweden 2 058 2 058 4 116 4 116 4 116 4 116
United Kingdom
Bulgaria
Czech Republic 893 1 005 2 232 2 232 2 232 2 232
Estonia 7 7 17 17 17 17
Cyprus
Latvia 153 172 383 383 383 383
Lithuania 32 36 80 80 80 80
Hungary
Aid for olive groves (EUR 1000)
2016 and
Member State 2010 2011 2012 2013 2014 2015 subsequent
years
Spain 103 140 103 140 103 140 103 140 103 140 103 140 103 140
Cyprus 2 051 2 344 2 637 2 930 2 930 2 930 2 930
ANNEX XII
Ceilings for the calculation of the aid amount referred in Article 84 (sugar)
(EUR '000)
Member State 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 and
subsequent years
Belgium 47 429 60 968 74 508 81 752 81 752 81 752 81 752 81 752 81 752 81 752 81 752
Bulgaria* -- 84 121 154 176 220 264 308 352 396 440
Czech Republic 27 851 34 319 40 786 44 245 44 245 44 245 44 245 44 245 44 245 44 245 44 245
Denmark 19 314 25 296 31 278 34 478 34 478 34 478 34 478 34 478 34 478 34 478 34 478
Germany 154 974 203 607 252 240 278 254 278 254 278 254 278 254 278 254 278 254 278 254 278 254
Greece 17 941 22 455 26 969 29 384 29 384 29 384 29 384 29 384 29 384 29 384 29 384
Spain 60 272 74 447 88 621 96 203 96 203 96 203 96 203 96 203 96 203 96 203 96 203
France 152 441 199 709 246 976 272 259 272 259 272 259 272 259 272 259 272 259 272 259 272 259
Ireland 11 259 14 092 16 925 18 441 18 441 18 441 18 441 18 441 18 441 18 441 18 441
Italy 79 862 102 006 124 149 135 994 135 994 135 994 135 994 135 994 135 994 135 994 135 994
Latvia 4 219 5 164 6 110 6 616 6 616 6 616 6 616 6 616 6 616 6 616 6 616
Lithuania 6 547 8 012 9 476 10 260 10 260 10 260 10 260 10 260 10 260 10 260 10 260
Hungary 26 105 31 986 37 865 41 010 41 010 41 010 41 010 41 010 41 010 41 010 41 010
Netherlands 41 743 54 272 66 803 73 504 73 504 73 504 73 504 73 504 73 504 73 504 73 504
Austria 18 971 24 487 30 004 32 955 32 955 32 955 32 955 32 955 32 955 32 955 32 955
Poland 99 135 122 906 146 677 159 392 159 392 159 392 159 392 159 392 159 392 159 392 159 392
Portugal 3 940 4 931 5 922 6 452 6 452 6 452 6 452 6 452 6 452 6 452 6 452
Romania* -- 1 930 2 781 3 536 4 041 5 051 6 062 7 072 8 082 9 093 10 103
Slovenia 2 284 2 858 3 433 3 740 3 740 3 740 3 740 3 740 3 740 3 740 3 740
Slovakia 11 813 14 762 17 712 19 289 19 289 19 289 19 289 19 289 19 289 19 289 19 289
Finland 8 255 10 332 12 409 13 520 13 520 13 520 13 520 13 520 13 520 13 520 13 520
Sweden 20 809 26 045 31 281 34 082 34 082 34 082 34 082 34 082 34 082 34 082 34 082
United Kingdom 64 340 80 528 96 717 105 376 105 376 105 376 105 376 105 376 105 376 105 376 105 376
ANNEX XIII
Table 1 Cyprus: Complementary national direct payments where the normal schemes for
direct payments apply
Schedule of increments 60% 70% 80% 90%
Sector 2009 2010 2011 2012
Arable crops
4 220 705 3 165 529 2 110 353 1 055 176
(durum wheat excluded)
Durum wheat 1 162 157 871 618 581 078 290 539
Grain legumes 16 362 12 272 8 181 4 091
Milk and dairy 1 422 379 1 066 784 711 190 355 595
Beef 1 843 578 1 382 684 921 789 460 895
Sheep and goats 4 409 113 3 306 835 2 204 556 1 102 278
Olive oil 3 174 000 2 380 500 1 587 000 793 500
Tobacco 417 340 313 005 208 670 104 335
Bananas 1 755 000 1 316 250 877 500
Dried grapes
Almonds
Total 1 842 0634 13 815 476 9 210 317 4 166 409
Complementary national direct payments under Single Payment Scheme:
Table 2 Cyprus: Complementary national direct payments where the single area payment
scheme for direct payments applies
Sector 2009 2010 2011 2012
Arable crops (durum
wheat excluded)
Durum wheat 1 795 543 1 572 955 1 350 367 1 127 779
Grain legumes
Milk and dairy 3 456 448 3 438 488 3 420 448 3 402 448
Beef 4 608 945 4 608 945 4 608 945 4 608 945
Sheep and goats 10 724 282 10 670 282 10 616 282 10 562 282
Olive oil 5 547 000 5 115 000 4 683 000 4 251 000
Dried grapes 156 332 149 600 142 868 136 136
Bananas 4 323 820 4 312 300 4 300 780 4 289 260
Tobacco 1 038 575 1 035 875 1 033 175 1 030 475
Total 31 650 945 30 903 405 30 155 865 29 408 325
ANNEX XIV
STATE AID IN CYPRUS
Sector 2009 2010
Cereals (durum wheat excluded) 2 263 018 1 131 509
Milk and dairy 562 189 281 094
Beef 64 887
Sheep and goats 1 027 917 513 958
Pig sector 2 732 606 1 366 303
Poultry and eggs 1 142 374 571 187
Wine 4 307 990 2 153 995
Olive oil 2 088 857 1 044 429
Table grapes 1 058 897 529 448
Processed tomatoes 117 458 58 729
Bananas 127 286 63 643
Deciduous fruit including stone fruit 2 774 230 1 387 115
ANNEX XV
Correlation table
Regulation (EC) No 1782/2003 This Regulation
Article 1 Article 1
Article 2 Article 2
Article 3 Article 4
Article 4 Article 5
Article 5 Article 6
Article 6 Article 25
Article 7 Article 26
Article 8
Article 9 Article 27
Article 10(1) Article 7
Article 10(2) Article 9(1)
Article 10(3) Article 9(2)
Article 10(4) Article 9(3)
-
-Article 9(4)
Article 11 Article 11(1) and (2)
Article 12
-
-Article 8
Article 20 Article 19
Article 21 Article 20
Article 22 Article 21
Article 23 Article 22
Article 24 Article 23
Article 25 Article 24
Article 26 Article 28
Article 27 Article 29
-
-Article 30
Article 28 Article 31
Article 29 Article 32
Article 30 Article 33
Article 31
Article 32 Article 3
Article 33 Article 34
Article 34
Article 35 Article 38
Article 36
Article 37 Annex VII
Article 45 Article 43
Article 46 Article 44
Article 47
Article 48
Article 49 Article 45
Article 50
Article 51, first subparagraph
Article 51, second subparagraph Article 39
Article 52 Article 40
Article 53
Article 54
Article 55
Article 56
Article 57
-
-Article 46
Article 58 Article 47
Article 59 Article 48
Article 60 Article 50
Article 61 Article 51
Article 68 Article 55
Article 68a
Article 68b Article 56
Article 69
Article 70
Article 71
Article 71a Article 57
Article 71b Article 58
Article 71c
Article 71d Article 59
Article 71e Article 60
Article 71f Article 61
Article 71g
Article 71h Article 62
Article 71i
Article 71j
Article 71k Article 63
Article 71l
Article 71m
Article 75
Article 76
Article 77
Article 78
Article 79 Article 71
Article 80 Article 72
Article 81 Article 73
Article 82 Article 74
Article 83
Article 84
Article 85
Article 86
Article 87 Article 109
Article 88
Article 89
Article 90
Article 91
Article 92
Article 93 Article 75
Article 104
Article 105
Article 106
Article 107
Article 108
Article 109
Article 110
Article 110a Article 77
Article 110b Article 78
Article 110c Article 79
Article 110d Article 80
Article 110e Article 81
Article 110f
Article 110g
Article 110h
Article 110i
Article 110j
Article 110k
Article 110l
Article 111 Article 88
Article 112 Article 89
Article 113 Article 90
Article 114 Article 91
Article 115 Article 92
Article 116 Article 93
Article 117 Article 94
Article 118 Article 95
Article 119
Article 120 Article 96
Article 121 Article 97
Article 122 Article 98
Article 123 Article 99
Article 124
Article 125 Article 100
Article 126 Article 101
Article 127 Article 102
Article 128 Article 103
Article 129 Article 104
Article 139 Article 107
Article 140 Article 108
Article 141
Article 142
Article 143
Article 143a Article 110
Article 143b(1)(2)(9) and (10) Article 111
Article 143b(3) and (7) Article 112
Article 143b(4)(5) and (6) Article 113
Article 143b(13) Article 114
Article 143ba(1) to (3) Article 115
Article 143ba(3a)
Article 143ba (4) to (6) Article 118
Article 143bb(1) and (2) Article 116
Article 143bb(3)
Article 143bb(4) to (6) Article 118
Article 143bc(1) and (2) Article 117
Article 143bc(3) and (4) Article 118(1) and (2)
-
-Article 119
Article 143c(1) to (8) Article 120
Article 146 Article 127
Article 147
Article 148
Article 149
Article 150
Article 151
Article 152
-
-Article 130
-
-Article 131
-
-Article 132
Article 153 Article 133
Article 154
Article 154a Article 135
Article 155 Article 134
Article 155a
Article 156 Article 136
_______________
| publicatiedatum | 05-11-2008 |
|---|---|
| kenmerk | 15204/08 |
