Opinion of the Advocate General — ECLI:EU:C:2010:417
Date: 2010-07-08
Language of the case: German
Subject matter: Agriculture and Fisheries;General provisions
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Single payment scheme – Calculation of the reference amount in exceptional circumstances – Application in the event of regional implementation (Council Regulations No 1782/2003, as amended by Regulation No 319/2006, Arts 40(5), 59(3), first subpara., and 61, and No 2078/92) 2. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Single payment scheme – Calculation of the reference amount in exceptional circumstances – Application in the event of regional implementation (Council Regulation No 1782/2003, as amended by Regulation No 319/2006, Arts 40(5) and 61) 3. Agriculture – Common agricultural policy – Integrated administration and control system for certain aid schemes – Single payment scheme – Calculation of the reference amount in exceptional circumstances – Application in the event of regional implementation (Council Regulation No 1782/2003, as amended by Regulation No 319/2006, Arts 40(5) and 61)) 1. Article 40(5) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Regulation No 319/2006, must be interpreted as meaning that when, in the Member State in question, different per-unit values were fixed for hectares under pasture and for any other hectare eligible for aid under Article 61 of that regulation, a farmer who, on the reference date specified in that article, was under agri-environmental commitments pursuant to Regulation No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, forming part of seamlessly continuous agri-environmental commitments having the objective of converting arable lands into permanent pastureland, is entitled to request that the entitlements referred to in the first subparagraph of Article 59(3) of Regulation No 1782/2003 be calculated on the basis of the per-unit values fixed for eligible hectares other than hectares under pasture. (see para. 52, operative part 1) 2. Article 40(5) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Regulation No 319/2006, read in conjunction with Article 61 of that regulation, must be interpreted as meaning that only where there is a causal link between the change of use of an area from arable land to permanent pastureland and participation in an agri-environmental measure may the fact that that area was being used as permanent pastureland, on the reference date specified in Article 61 of that regulation be disregarded for the purposes of calculating payment entitlements. (see para. 58, operative part 2) 3. Article 40(5) of Regulation No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Regulation No 319/2006, read in conjunction with Article 61 of that regulation, must be interpreted as meaning that its application is not contingent on the farmer who makes the single payment application’s also being the person who introduced the change of use of the area in question. (see para. 69, operative part 3)