1999R1750 — EN — 30.09.2000 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1750/1999
of23July1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No1257/1999onsupport
forruraldevelopmentfromtheEuropeanAgriculturalGuidanceandGuaranteeFund(EAGGF)
(OJ L 214, 13.8.1999, p. 31)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2075/2000 of 29 September 2000 L 246 46 30.9.2000
►M2Commission Regulation (EC) No 672/2001 of 2 April 2001 L 93 28 3.4.2001
Corrected by:
►C1Corrigendum, OJ L 337, 30.12.1999, p. 75 (1750/1999)
▼B
COMMISSIONREGULATION(EC)No1750/1999
of23July1999
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 1257/1999 on support for rural development from the
EuropeanAgriculturalGuidanceandGuaranteeFund(EAGGF)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1257/1999 of 17 May
1999 on support for rural development from the European AgriculturalGuidance and Guarantee Fund (EAGGF) and amending and repealingcertain Regulations(
1) and in particular Articles 34 and 50 thereof,
(1)Whereas Council Regulation (EC) No 1257/1999 has establisheda single legal framework for support from EAGGF for ruraldevelopment, defining, in particular, in its Title II, measures forsupport, their objectives, and the criteria for eligibility; whereasthis framework applies to rural development support all over the
Community;
(2)Whereas detailed rules should be adopted to complete this
framework; whereas the rules should follow the principle of
subsidiarity and should therefore be limited to those rules needing
to be adopted at Community level;
(3)Whereas detailed rules defining the eligibility criteria for the
different rural development measures should take into account
experience gained from existing instruments as applied under thevarious Council regulations which have been repealed accordingto Article 55 (1) of Regulation (EC) No 1257/1999;
(4)Whereas, as regards support for investment in agriculturalholdings and in processing plants as well as for support foryoung farmers, Regulation (EC) No 1257/1999 lays down threebasic conditions; whereas the time at which those conditions haveto be fulfilled should be defined, including the time for the
demonstration of the economic viability of an agricultural holding
applying for an investment aid, which should be based on anassessment of the prospects of that holding;
(5)Whereas, as regards investments in holdings and in processingplants, Community support is subject to the condition that normalmarket outlets for the products concerned can be found; whereasrules should be established for the assessment of such marketoutlets;
(6)Whereas support for vocational training should not extend tonormal agricultural and forestry education;
(7)Whereas conditions for early retirement support should be basedon the experience acquired under the support scheme establishedby Council Regulation (EEC) No 2079/92(
2) as last amended by
Commission Regulation (EC) No 2773/95(3),
(8)Whereas, in particular, specific problems arising from the transferof a holding by several transferors, and from the transfer of aholding by a tenant farmer have to be solved;
(9)Whereas in less favoured areas, in relation to areas used byseveral farmers in common, compensatory allowances should beavailable to each farmer using those areas, regard being had to thedegree to which he is entitled to such use;1999R1750 — EN — 30.09.2000 — 002.001 — 2
(1) OJ L 160, 26.6.1999, p. 80.
(2) OJ L 215, 30.7.1992, p. 91.
(3) OJ L 288, 1.12.1995, p. 37.
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(10)Whereas detailed rules for agri-environment support should be
based on the experience acquired under the support scheme
established by Council Regulation (EEC) No 2078/92 of 30 June1992(
1), as last amended by Commission Regulation (EC) No
2772/95(2), and should in particular take into account existing
rules established by Commission Regulation (EC) No 746/96(3),
as last amended by Regulation (EC) No 435/97(4).
(11)Whereas the definition of the minimum conditions to be observedby farmers in connection with the various agri-environment
undertakings should ensure balanced application of agri-environ-
ment support taking into account its objectives and thuscontributing to a sustainable rural development;
(12)Whereas the selection criteria for investment aimed at improvingthe processing and marketing of agricultural products should bedefined; whereas in view of the experience acquired in theexisting support scheme, set up by Council Regulation (EC) No
951/97(
5), these selection criteria should be based or general
principles rather than sectorial rules;
(13)Whereas it is appropriate to derogate from the provisioncontained in the second indent of Article 28(1) of Regulation(EC) No 1257/1999 which excludes support for investment in theprocessing and marketing of products from third countries in theoutermost regions of the Community, whereas that derogation
should nonetheless be subject to certain conditions;
(14)Whereas certain forests which are excluded from support forforestry under Article 29(3) of Regulation (EC) No 1257/1999
should be further defined;
(15)Whereas detailed conditions should be laid down for supportgranted for the afforestation of agricultural land and for paymentsgranted for activities to maintain and improve the ecologicalstability of forests,
(16)Whereas according to Article 33 of Regulation (EC) No 1257/1999, support is granted for other measures relating to farmingactivities and their conversion and to rural activities, provided thatthey do not fall within the scope of any other rural development
measure; whereas, given the large variety of measures which
could fall under this Article, it appears appropriate to leave thedefinition of conditions for support in the first place to MemberStates as part of their programming;
(17)Whereas rules common to several measures should be established,assuring in particular a common standard of good farmingpractice, where measures refer to this criterion, and guaranteeing
such flexibility for long term undertakings as is needed to take
account of events which could affect those commitments, butwithout jeopardising the effective implementation of the varioussupport measures;
(18)Whereas a clear line of demarcation should be drawn betweenfinancing rural development support and financing support undercommon market organisations; whereas any exceptions to the
principle that measures falling within the scope of support
schemes under common market organisations should not beeligible for rural development support should be proposed byMember States in the framework of rural development program-ming, according to their specific need and following a transparentprocedure;
(19)Whereas payments made in pursuance of rural developmentsupport should be made in full to the beneficiaries;1999R1750 — EN — 30.09.2000 — 002.001 — 3
(1) OJ L 215, 30.7.1992, p. 85.
(2) OJ L 288, 1.12.1995, p. 35.
(3) OJ L 102, 25.4.1996, p. 19.
(4) OJ L 67, 7.3.1997, p. 2.
(5) OJ L 142, 2.6.1997, p. 22.
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(20)Whereas detailed rules should be established for the presentation
of rural development plans and their revision;
(21)Whereas, in order to facilitate the establishment of rural
development plans and their examination and approval by theCommission, common rules should be determined for thestructure and the contents of those plans on the basis of therequirements set out in particular in Article 43 of Regulation (EC)
No 1257/1999;
(22)Whereas conditions for amendments of rural development
programming documents should be established in order to allowan effective and speedy examination by the Commission of suchamendments;
(23)Whereas only those amendments which contain importantchanges to rural development programming documents shouldbe subject to the management committee procedure; whereasother amendments should be decided by Member States andcommunicated to the Commission;
(24)Whereas detailed provisions should be established as to financial
planning and as to participation in financing for those measures
which are financed by the EAGGF Guarantee Section accordingto Article 35(1) and (2) of Regulation (EC) No 1257/1999;
(25)Whereas, in this connection, Member States should reportregularly to the Commission on the state of financing of rural
development measures;
(26)Whereas measures have to be taken to ensure the effective
spending of funds reserved for rural development support,provision being made in particular for an initial advance paymentand for the necessary adjustment of allocations according to needsand to past performance;
(27)Whereas the general rules concerning budgetary discipline, and inparticular those relating to incomplete or incorrect declarations onthe part of Member States, should apply in addition to the specificrules established by this Regulation;
(28)Whereas details of financial administration of rural development
measures will be governed by the rules adopted for the
implementation of Council Regulation (EC) No 1258/1999 of17 May 1999 on the financing of the common agriculturalpolicy(
1);
(29)Whereas procedures and requirements for monitoring andevaluation should be established on the basis of principles
applicable to other Community support measures, in particular
those applying to Structural Funds as laid down by CouncilRegulation (EC) No 1260/1999 of 21 June 1999 laying downgeneral provisions on the Structural Fund(
2);
(30)Whereas administrative provisions should permit better adminis-
tration monitoring and control of the rural development support;
whereas measures are in the interest of simplicity should be basedas far as possible on existing rules such as the integratedadministration and control system set out in Council Regulation(EEC) No 3508/92(
3), as last amended by Regulation (EC) No
1036/99(4) and in Commission Regulation (EEC) No 3887/92(5),
as amended by Regulation (EC) No 1678/98(6);
(31)Whereas it is appropriate to provide, both at Community and at
Member State level, for a system of penalties to be imposed;1999R1750 — EN — 30.09.2000 — 002.001 — 4
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 161, 26.6.1999, p. 1.
(3) OJ L 355, 5.12.1992, p. 1.
(4) OJ L 127, 21.5.1999, p. 4.
(5) OJ L 391, 31.12.1992, p. 36.
(6) OJ L 212, 30.7.1998, p. 23.
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(32)Whereas it is appropriate to repeal Commission Regulations
(EEC) No 2084/80(1), (EEC) No 220/91(2), as last amended by
Regulation (EC) No 1183/98(3), Regulation (EC) No 860/94(4),
(EC) No 1025/94(5), (EC) No 1054/94(6), (EC) No 1282/94(7),
(EC) No 1404/94(8), (EC) No 1682/94(9), (EC) No 1844/94(10),
(EC) No 746/96, and also Commission Decisions 92/522/EEC(11)
and 94/173/EC(12), the provisions of which have become obsolete
or are replaced by the provisions of this Regulation;
(33)Whereas the Committee on Agricultural Structures and Rural
Development has not delivered an opinion within the time-limitset by its chairman,
HAS ADOPTED THIS REGULATION:
CHAPTER I
OBJECTIVE
Article 1
This Regulation lays down detailed rules for the application of
Regulation (EC) No 1257/1999.
CHAPTER II
RURALDEVELOPMENTMEASURES
SECTION 1
Investmentinagricultural holdings
Article 2
The conditions laid down in Article 5 of Council Regulation (EC) No
1257/1999 must be fulfilled at the time when the individual decision togrant support is taken.
However, where investments are made in order to comply with newly
introduced minimum standards regarding the environment, hygiene, and
animal welfare, support may be granted in order to reach these newstandards. In this case, a time period may be provided for the fulfilmentof these minimum standards, where such a period is necessary to solvethe specific problems in reaching such standards and where this period isin accordance with the specific legislation concerned.
In the case of farms located in rural areas where the structural
difficulties caused by the very small size of farms are such that it is
particularly difficult for them to meet the requirements of Article 5 ofRegulation (EC) No 1257/1999, until 31 December 2002 and withoutprejudice to Article 37(1) of that Regulation and the second paragraph ofthis Article, Member States may grant such farms support for
investments totalling less than EUR 25 000 to enable them to comply
with the said requirements within a period of not more than three yearsfrom the date of the decision to grant the support.1999R1750 — EN — 30.09.2000 — 002.001 — 5
(1) OJ L 203, 5.6.1980, p. 9.
(2) OJ L 26, 31.1.1991, p. 15.
(3) OJ L 164, 9.6.1998, p. 5.
(4) OJ L 99, 19.4.1994, p. 7.
(5) OJ L 112, 3.5.1994, p. 27.
(6) OJ L 115, 6.5.1994, p. 6.
(7) OJ L 140, 3.6.1994, p. 14.
(8) OJ L 154, 21.6.1994, p. 8.
(9) OJ L 178, 12.7.1994, p. 42.
(10) OJ L 192, 28.7.1994, p. 9.
(11) OJ L 329, 16.11.1992, p. 1.
(12) OJ L 79, 23.3.1994, p. 29.▼C1
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Article 3
1. For the purpose of Article 6 of Council Regulation (EC) No 1257/
1999, the existence of normal market outlets shall be assessed on theappropriate level in terms of:
(a) the products concerned,
(b) the types of investments,
(c) existing and expected capacities.
2. Any restrictions on production, or limitations of Community
support under common market organisations shall be taken into account.
3. Where under a common market organisation, restrictions on
production or limitations of Community support exist at the level ofindividual farmers, holdings or processing plants, no investment shall be
supported which would increase production beyond those restrictions or
limitations.
Article 4
1. Where investments are undertaken by young farmers, the
maximum percentages of the volume of eligible investment as referred
to in the second sentence of the second paragraph of Article 7 of Council
Regulation (EC) No 1257/1999 may be applied within a period up tofive years after setting-up.
2. The second paragraph of Article 5 also applies to investments
undertaken by young farmers within a five year period after setting-up.
SECTION 2
Setting-upofyoungfarmers
Article 5
The conditions laid down in Article 8(1) of Council Regulation (EC) No
1257/1999 must be fulfilled at the time when the individual decision togrant support is taken. ►
M1However, in the case of applications
submitted for the first time in 2000, the condition laid down in the first
indent of Article 8(1) of Regulation (EC) No 1257/1999 must befulfilled at the time the application is lodged. ◄
However, as far as occupational skill and competence, economic
viability and minimum standards regarding the environment, hygieneand animal welfare are concerned, a time period not exceeding threeyears after setting-up may be foreseen for the fulfilment of theseconditions, insofar as an adaptation period is necessary to facilitate the
establishment of the young farmer or the structural adjustment of his
holding.
SECTION 3
Training
Article 6
Support for vocational training shall not include courses of instruction or
training which form part of normal programmes or systems ofagricultural and forestry education at secondary or higher levels.
SECTION 4
Earlyretirement
Article 7
Where a farm is transferred by several transferors, overall support shall
be limited to the amount provided for one transferor.1999R1750 — EN — 30.09.2000 — 002.001 — 6
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Article 8
Non-commercial farming activity continued by the transferor in
accordance with the first indent of Article 11(1) of Council Regulation
(EC) No 1257/1999 shall not be eligible for support under the commonagricultural policy.
Article 9
A tenant farmer may transfer the released land to the owner provided
that the lease is terminated and the requirements relating to the relevant
transferee as laid down in Article 11(2) of Council Regulation (EC) No
1257/1999 are complied with.
Article 10
Released land may be included in a re-parcelling operation or in a
simple exchange of parcels.
In such cases, the conditions applicable to released land shall be applied
to areas agronomically equivalent to those of the released land.
Member States may make provision for released land to be taken in
charge by a body which undertakes to reassign it at a later date to atransferee who satisfies the conditions laid down for early retirement.
SECTION 5
Lessfavouredareasandareaswithenvironmentalrestrictions
Article 11
Compensatory allowances in relation to areas used by several farmers in
common for the purpose of grazing animals may be granted to eachfarmer using these areas in proportion to his use or, right of use, of the
land.
SECTION 6
Agri-environment
Article 12
An undertaking to extensify livestock farming or otherwise to manage
livestock farming shall comply with, at least, the following conditions:
(a) grassland management shall continue,
(b) the livestock shall be distributed across the farm in such a way that
the whole of the grazed area is maintained, thus avoiding both over-grazing and under-utilization,
and
(c) livestock density must be defined taking into account all grazing
livestock kept on the farm, or in the case of an undertaking aimed at
limiting nutrient leaching, all livestock kept on the farm relevant to
the undertaking in question.
Article 13
Support may include agri-environmental commitments for:
(a) rearing farm animals of local breeds indigenous to the area and in
danger of extinction,
and
(b) preserving plant genetic resources naturally adapted to the local and
regional conditions and under threat of genetic erosion.
The local breeds and plant genetic resources must play a role in
maintaining the environment in the given area to which the measure willapply.1999R1750 — EN — 30.09.2000 — 002.001 — 7
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Article 14
For the purpose of the second subparagraph of Article 24(1) of Council
Regulation (EC) No 1257/1999, capital works shall be considered to be
non-remunerative provided that they do not normally lead to any
significant net increase in farm value or profitability.
Article 15
Agri-environment commitments beyond the minimum period of five
years referred to in Article 23(1) of Council Regulation (EC) No 1257/1999 shall not be determined for a longer period than that which isreasonably necessary for the realisation of their environmental effects.They shall normally be no longer than 10 years, except in the case ofspecific undertakings where a longer period is deemed to be
indispensable.
Article 16
Various agri-environment commitments may be combined with one
another provided that the commitments are complementary andcompatible.
Where there is such a combination, the level of support shall take
account of income forgone and specific additional costs arising from thecombination.
Article 17
1. The reference level for calculating income forgone and additional
costs resulting from the undertaking given shall be the usual goodfarming practice in the given area to which the measure applies.
Where it is justified by the agronomic or environmental circumstances to
do so, the economic consequences of abandonment of land or cessation
of certain farm practices may be taken into account.
2. Payments may not be made per unit of production, except in the
case of support for rearing farm animals in danger of extinction, whichmay be paid per livestock unit or per animal reared. Wherecommitments are normally expressed in units other than area, Member
States may calculate payments on the basis of those units.
Member States shall ensure that the maximum amounts per year eligible
for Community support as set out in the Annex to Regulation (EC) No1257/1999 are observed. To this end the Member State may:
(a) set a limit on the number of units per hectare of the farm to which
agri-environmental commitments apply,
or
(b) determine the overall maximum amount on each participating farm
and ensure that the payments for each holding are compatible withthis limit.
3. Payments shall be based on limitations on the use of fertilisers,
plant protection products or other inputs only if such limitations are
technically and economically measurable.
Article 18
Member States shall determine the need to provide an incentive as
provided for in the third indent of Article 24(1) of the CouncilRegulation (EC) No 1257/1999 on the basis of objective criteria.
The incentive shall not exceed 20 % of the income forgone and
additional costs due to the commitment given, except in the case ofspecific commitments where a higher rate is deemed to be indispensablefor the effective implementation of the measure.1999R1750 — EN — 30.09.2000 — 002.001 — 8
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Article 19
A farmer who gives an agri-environment commitment as to one part of a
farm shall adhere to at least the standard of usual good farming practicethroughout the farm.
Article 20
1. Member States may authorise the transformation of one commit-
ment into another commitment during the period of operation of thecommitments, on condition that:
(a) any such transfer is of unquestionable benefit to the environment,
(b) the existing commitment is significantly reinforced,
and
(c) the approved programme includes the commitments concerned.
Under the conditions set out in points (a) and (b) of the first
subparagraph, a transformation of an agri-environment commitmentinto a commitment for afforestation of agricultural land according to
Article 31 of the Council Regulation may be authorised. The agri-
environment commitment shall cease without reimbursement beingrequired.
2. Member States may provide for adjustment of commitments during
the period of operation, provided that:
(a) the approved programme includes scope for such adjustment,
and
(b) the adjustment is duly justified, having regard to the objectives of
the undertaking.
SECTION 7
Improvingprocessingandmarketingofagricultural products
Article 21
Eligible expenditure may include:
(a) the construction and acquisition of immovable property, with the
exception of land purchase,
(b) new machinery and equipment including computer software,
(c) general costs, such as architects', engineers', and consultants' fees,
feasibility studies, acquisition of patents and licences, in addition to
expenditure as referred to in (a) and (b) and up to a ceiling of 12 %
of that expenditure.
Article 22
1. For the purpose of Article 26(3) of Council Regulation (EC) No
1257/1999, the existence of normal market outlets shall be assessed on
the appropriate level in relation to:
(a) the products concerned,
(b) the types of investments,
(c) existing and excepted capacities.
2. Any restrictions on production, or limitations of Community
support under common market organisations shall be taken into account.
Article 23
In outermost regions, support may be granted for investment in the
processing or marketing of products from third countries, subject to thecondition that the processed products are destined for the market of the1999R1750 — EN — 30.09.2000 — 002.001 — 9
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region in question. For the purpose of compliance with this condition,
support shall be limited to processing capacities which correspond toregional needs, provided that the processing capacities do not exceed
regional needs.
SECTION 8
Forestry
Article 24
►C1Forests excluded from support under Article 29(3) of Council
Regulation (EC) No 1257/1999 shall be: ◄
(a) forest or other wooded land owned by central or regional
governments, or by government-owned corporations,
(b) crown forest and other wooded land,
(c) forests owned by legal persons at least 50 % of whose capital is held
by one of the institutions referred to in points (a) and (b).
Article 25
Agricultural land eligible for support for afforestation according to
Article 31 of Council Regulation (EC) No 1257/1999 shall be specifiedby the Member State and shall include in particular arable land,grassland, permanent pastures and land used for perennial crops, where
farming takes place on a regular basis.
Article 26
1. For the purpose of the second indent of the second subparagraph of
Article 31(1) of Council Regulation (EC) No 1257/1999, a ‘farmer’ shall
be a person who devotes an essential part of his working time to
agricultural activities and derives from it a significant part of his incomeaccording to detailed criteria to be determined by the Member State.
2. For the purpose of Article 31(3), subparagraph 2, of Council
Regulation (EC) No 1257/1999, ‘fast-growing species cultivated in theshort term’ shall mean species, the rotation time (the interval separatingat the same place two harvest cuts) of which is less than 15 years.
Article 27
1. Support under Article 32 of Council Regulation (EC) No 1257/
1999 may not be granted in relation to areas for which support underArticle 31 of that Regulation has been granted.
2. Payments with a view to maintaining fire-breaks through
agricultural measures, according to Article 32(1) second indent of
Council Regulation (EC) No 1257/1999 shall not be granted for areas
which are the subject of agri-environment support.
They shall be consistent with any restrictions on production or
limitations of Community support under common market organisationsand shall take into account payments made under those common marketorganisations.
SECTION 9
Rulescommontoseveral measures
Article 28
For the purposes of Council Regulation (EC) No 1257/1999 and of this
Regulation, ‘usual good farming practice’ is the standard of farmingwhich a reasonable farmer would follow in the region concerned.
Member States shall set out verifiable standards in their rural
development plans. In any case, these standards shall entail compliancewith general mandatory environmental requirements.1999R1750 — EN — 30.09.2000 — 002.001 — 10
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Article 29
1. When, during the period of operation of a commitment given as a
condition for the grant of support, a beneficiary transfers all or part of
his holding to another person, the latter may take over the commitmentfor the remainder of the period. If this does not take place, thebeneficiary shall reimburse the support granted.
Member States may choose not to require such reimbursement if, in the
case of a definitive cessation of agricultural activities by a beneficiary
who has already honoured a significant part of his commitment, atakeover of the commitment by a successor proves not to be feasible.
Member States may take specific measures, in the event of minor
changes to the situation of the holding, to prevent the application of the
first subparagraph from leading to inappropriate results in terms of the
commitment entered into.
2. When, during the period of operation of a commitment given as a
condition for the grant of support, a beneficiary increases the area of hisholding, Member States may provide for:
(a) the extension of the commitment to the additional area for the
remainder of the period of the commitment, on condition that anysuch extension:
(i) is of unquestionable benefit to the measure concerned,
(ii) is justified in terms of the nature of the commitment, the length
of the remaining period, and the size of the additional areawhich must be significantly less than the original area or notmore than two hectares,
and
(iii) does not diminish the effective verification of compliance with
the conditions for the grant of support,
or
(b) the replacement of the beneficiary's original commitment by a new
commitment for the whole area concerned under terms at least asstrict as those of the original commitment.
Point (b) shall also apply in cases where the area subject to a
commitment is extended within the holding.
3. Where a beneficiary is unable to continue complying with
commitments given, by virtue of the fact that the holding is subject toreparcellation or other similar public exercise of land consolidation,
Member States shall take the measures necessary to provide for the
adaptation of the commitments to the new situation of the holding. Ifsuch adaptation proves impossible, the commitment shall expire andreimbursement shall not be required in respect of the period in which thecommitment was effective.
Article 30
1. Without prejudice to the actual circumstances to be taken into
consideration in individual cases, Member States may recognize, inparticular, the following categories of force majeure :
(a) death of the farmer;
(b) long-term professional incapacity of the farmer;
(c) expropriation of a large part of the holding if such expropriation
could not have been anticipated on the day on which thecommitment was given;
(d) a severe natural disaster gravely affecting the holdings' agricultural
land;
(e) the accidental destruction of livestock buildings on the holding;
(f) an epizootic affecting part or all the farmer's livestock.
Member States shall notify the Commission of categories which they
recognize as force majeure .1999R1750 — EN — 30.09.2000 — 002.001 — 11
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2. Cases of forcemajeure with relevant evidence to the satisfaction of
the competent authority shall be lodged in writing with the competentauthority within 10 working days of the date on which the farmer is in a
position to do so.
CHAPTER III
GENERALPRINCIPLES,ADMINISTRATIVEANDFINANCIAL
PROVISIONS
SECTION 1
General principles
Article 31
1. For the application of the second subparagraph of Article 37(3) of
Council Regulation (EC) No 1257/1999, the criteria set out inparagraphs 2 and 3 of this Article shall apply.
2. Environmental measures implemented under common market
organisations, agricultural quality and health measures, or under ruraldevelopment measures other than agri-environment support, do notpreclude agri-environment support for the same productions, providedthat such support is additional and consistent with those measures.
In this context:
(a) agri-environment measures on land set aside pursuant to Article 6 of
Council Regulation (EC) No 1251/1999(
1) shall qualify for support
only if the commitments go beyond the appropriate environmentalmeasures referred to in Article 6(2) of that Regulation;
(b) in the case of extensification of beef production, the aid shall take
account of the extensification payment made pursuant to Article 13of Council Regulation (EC) No 1254/1999(
2).
(c) in the case of support for less-favoured areas and support for
environmental restrictions, agri-environment commitments shalltake into account the conditions laid down for the support in the
areas concerned.
Where there is such a combination, the leveL of support shall take
account of income forgone and specific additional costs arising from the
combination.
In no case may the same commitment be the subject of payments
simultaneously under agri-environment support and under anotherCommunity aid scheme.
3. Member States shall propose any exceptions under the first indent
of the second subparagraph of Article 37(3) of Regulation (EC) No1257/1999 in their rural development plans or programming documentspresented for Objectives 1 and 2 as provided for in Article 18(1) and (2)and Article 19(1), (2) and (3) of Regulation (EC) No 1260/1999.
Article 32
Payments under rural development measures shall be made in full to the
beneficiaries.
Article 32a
Commission Regulation (EC) No 1685/2000(
3) of 28 July 2000 laying
down detailed rules for the implementation of Council Regulation (EC)No 1260/1999 as regards eligibility of expenditure of operations co-1999R1750 — EN — 30.09.2000 — 002.001 — 12
(1) OJ L 160, 26.6.1999, p.1.
(2) OJ L 160, 26.6.1999, p. 21.
(3) OJ L 193, 29.7.2000, p. 39.▼M1
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financed by the Structural Funds shall apply to measures included in the
programming referred to in Article 40(2) and (3) of Regulation (EC) No1257/1999, except where otherwise provided in Regulations (EC) No
1257/1999 and (EC) No 1258/1999 and in this Regulation.
SECTION 2
Programming
Article 33
1. Rural development plans shall be submitted in conformity with
Article 43 of Council Regulation (EC) No 1257/1999 and in accordancewith the detailed requirements laid down in the Annex to thisRegulation.
2. The approval pursuant to Article 44 (2) of Council Regulation
(EC) No 1257/1999 shall determine the overall amount of Communitysupport.
That amount shall include:
(a) expenditure on measures presented under the new rural development
programming, including expenditure on evaluation under Article
49(2) of Regulation (EC) No 1257/1999;
(b) expenditure incurred under earlier accompanying measures covered
by Council Regulations (EEC) No 2078/92, (EEC) No 2079/92 and
(EEC) No 2080/92;
(c) expenditure incurred on measures under Article 4 of Commission
Regulation (EC) No 2603/1999(
1) laying down rules for the
transition to the rural development support provided for by CouncilRegulation (EC) No 1257/1999.
2 a The approval shall also cover the allocation and use of amounts
remaining available to the Member States as additional Community
support under Article 5 of Regulation (EC) No 1259/1999.
However, those amounts shall not be included in the overall amount of
Community support referred to in paragraph 2.
3. The approval may cover State aid intended to provide additional
financing to rural development measures only if the State aid is
identified in accordance with point 16 of the Annex.
4. Member States shall make rural development programming
documents available to the public.
Article 34
Where rural development measures are submitted in the form of general
framework regulations, rural development plans shall make appropriatereference to such regulations.
In such circumstances, the requirements of Article 33 shall be fully
adhered to.
Article 35
1.►
M1Amendments to rural development programming docu-
ments and to single programming documents under Objective 2 in the
case of rural development measures financed by the EAGGF Guarantee
Section shall be duly substantiated, in particular on the basis of thefollowing information: ◄
(a) the reasons and problems of implementation, if any, justifying
adjustment of the programming document;1999R1750 — EN — 30.09.2000 — 002.001 — 13
(1) OJ L 316, 10.12.1999, p. 26.▼B
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(b) the expected effects of the amendment;
(c) the implications for financing and verification of commitments.
2.►M1The Commission shall approve, in accordance with the
procedures laid down in Articles 48 and 50(2) of Regulation (EC) No1260/1999, respectively, amendments to rural development program-
ming documents and to single programming documents under Objective
2 in the case of rural development measures financed by the EAGGFGuarantee Section: ◄
(a) affecting priorities;
(b) changing the main features of support measures as indicated in the
Annex, including changes to the rate of Community contribution;
(c) changing the overall amount of Community support;
(d) changing the financial allocation for any measure by more than 10 %
of the amount provided for the entire programming period,calculated on the basis of the programming document approved by
the Commission;
(e) changing additional financing in the form of State aid granted for
one of the measures by more than 10 % of the amount provided for
the entire programming period, calculated on the basis of the
programming document approved by the Commission.
Points (d) and (e) of the first subparagraph shall not apply to measures
with a financial allocation accounting for less than 5 % of the total
amount allocated to the programme for the entire programming period.
Amendments shall be submitted to the Commission in a single proposal
per programme no more than once a year.
Any other amendment shall be communicated to the Commission at
least two months before its entry into force.
3. Where necessary, rural development programming documents
shall be revised in line with subsequent changes in Community
legislation. The second sentence of the first subparagraph of paragraph
2 shall not apply to such revisions.
SECTION 3
Additionalmeasuresandcommunityinitiatives
Article 36
Pursuant to Article 45 of Council Regulation (EC) No 1257/1999, the
scope of assistance from the EAGGF Guidance section for measures inthe Community initiative for rural development is extended to the whole
Community and its financing extended to measures eligible under
European Parliament ►
C1Council Regulations (EC) No 1783/1999(1)
and (EC) No 1784/1999(2)◄.
SECTION 4
Financial provisions
Article 37
1. No later than 30 September each year, the Member States shall
forward to the Commission, for each rural development programmingdocument and each single programming document under Objective 2 in1999R1750 — EN — 30.09.2000 — 002.001 — 14
(1) OJ L 213, 13.8.1999, p. 1.
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the case of rural development measures financed by the EAGGF
Guarantee Section:
(a) a statement of expenditure incurred in the current financial year and
of expenditure remaining to be disbursed by the end of that year andcovered by Community support as defined in Article 33(2) of thisRegulation, and
(b) revised forecasts of such expenditure for subsequent financial years
until the end of the programming period concerned, keeping within
the allocation for each Member State.
This information shall be transmitted in table format using a
computerised model supplied by the Commission.
2. Without prejudice to the general rules established for budgetary
discipline, where the information which Member States are required to
transmit to the Commission according to paragraph 1 is incomplete or
the time limit has not been met, the Commission shall reduce advanceson entry in the accounts of agricultural expenditure on a temporary andflat-rate basis.
Article 38
For the month during which the decision approving a rural development
programming document or a single programming document under
Objective 2 in the case of rural development measures financed by theEAGGF Guarantee Section is adopted, the paying agencies may enterinto the accounts as expenditure an advance not exceeding 12,5 % of theaverage annual EAGGF contribution provided for in the programming
document, covering the expenditure referred to in Article 33(2) of this
Regulation.
The advance provided for in the first paragraph shall be entered into the
accounts, for those countries whose currency is not the euro on the date
of entry, using the rate of exchange valid on the penultimate
Commission working day of the month preceding that in which thepaying agencies enter the advance in the accounts.
This advance shall represent working capital which, in principle, may be
recovered only at the end of the programming period for each
programming document or once the sum of the expenditure paid outby the EAGGF plus the amount of the advance equal the total amount ofthe EAGGF contribution provided for in the programming document.
Article 39
1. For each Member State, expenditure declared for any given
financial year shall be financed up to the limit of the amounts notified to
the Commission under point (b) of Article 37(1) which are covered bythe appropriations entered in the budget for the financial year inquestion.
2. Where expenditure actually incurred by a Member State in any
given financial year exceeds the amounts notified in accordance withpoint (b) of Article 37(1), the overruns on expenditure in that financialyear shall be entered in the accounts on a pro rata basis, up to the limitof the appropriations remaining available after reimbursing theexpenditure incurred by the other Member States.
3. Where expenditure actually incurred by a Member State in a given
financial year is less than 75 % of the amounts referred to in paragraph1, the expenditure to be recognised for the following financial year shallbe reduced by a third of the difference between this threshold and the
actual expenditure incurred during the financial year in question.
This reduction shall not be taken into account when establishing actual
expenditure in the financial year following that in which the reductionwas made.1999R1750 — EN — 30.09.2000 — 002.001 — 15
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4. Paragraph 3 shall not apply to the first statement of expenditure
under the rural development programming document or the singleprogramming document under Objective 2 in the case of rural
development measures financed by the EAGGF Guarantee Section.
Article 39a
Articles 37, 38 and 39 of this Regulation shall not apply to expenditure
incurred under Article 5 of Regulation (EC) No 1259/1999.
Article 40
Participation in the financing of evaluations in the Member States
pursuant to Article 49(2) of Council Regulation (EC) No 1257/1999shall apply to evaluations that effectively contribute to the evaluation atCommunity level owing to their scope, particularly through their repliesto the common evaluation questions, and through their quality.
The participation shall not exceed 50 % of a ceiling which, except in
duly justified cases, shall be 1 % of the total costs of the ruraldevelopment programme. Within each rural development program at
least 40 % of the co-financing shall concern the ex postevaluation.
SECTION 5
Monitoringandevaluation
Article 41
Pursuant to Article 48(2) of Council Regulation (EC) No 1257/1999,
annual progress reports shall be submitted to the Commission by 30April of each year covering the previous calendar year. Each progressreport shall contain the following information:
(a) any change in the general conditions of relevance to the
implementation of the measure, and in particular any major socio-economic trends, or changes in national, regional or sectoral
policies;
(b) the progress of measures and of priorities, with respect to their
operational and specific objectives, expressed as quantitativeindicators;
(c) the action taken by the management authority and the monitoring
committee, if any, to ensure high-quality and effective implementa-tion, and in particular:
(i) monitoring measures, financial control and evaluation, including
data collection procedures,
(ii) a summary of the major problems encountered in managing the
measure and any steps taken;
(d) measures taken to ensure compatibility with Community policies.
These indicators referred to in the first subparagraph, point (b), shall, as
far as possible follow a recommendation for common indicators to beprovided by the Commission. Where additional indicators are needed tomonitor progress effectively towards objectives of rural developmentprogramming documents, these shall also be included.
Article 42
1. Evaluations shall be performed by independent evaluators in
accordance with recognised evaluation practice.
2. Evaluations shall in particular respond to common evaluation
questions defined by the Commission in consultation with MemberStates and shall, as a general rule, be accompanied by achievement
related criteria and indicators.
3. The authority responsible for managing the rural development
programming document shall assemble the appropriate resources for1999R1750 — EN — 30.09.2000 — 002.001 — 16
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evaluations, making use of monitoring results, supplemented where
necessary by the gathering of additional information.
Article 43
1. Theex ante evaluation shall analyse the disparities, gaps and
potentials of the current situation and assess the consistency of the
proposed strategy with the situation and targets and have regard to theissues raised in the common evaluation questions. It shall assess theexpected impact of the selected priorities for action and quantify theirtargets where they lend themselves thereto. It shall also verify theproposed implementing arrangements and the consistency with the
Common Agricultural Policy and other policies.
2. Theexanteevaluation shall be the responsibility of the authorities
preparing the rural development plan and shall form part of it.
Article 44
1. The mid-term and ex postevaluations shall deal with the specific
questions for the rural development programming document in questionand with common evaluation questions relevant at Community level.
The latter shall involve the living conditions and structure of the rural
population, employment and income from farm activities or off-farmactivities, agricultural structures, agricultural commodities, quality,competitiveness, forest resources and environment. If a commonevaluation question is considered inappropriate in relation to a particular
rural development programming document. this shall be substantiated.
2. The mid-term evaluation, while covering the evaluation questions,
shall in particular examine the initial achievements, their relevance andconsistency with the rural development programming document and theextent to which the targets have been attained. It shall also assess the usemade of financial resources and the operation of monitoring and
implementation.
Theex postevaluation, while answering the evaluation questions, shall
in particular examine the utilisation of resources and the effectivenessand efficiency of the assistance and its impacts and it shall drawconclusions regarding rural development policy, including its contribu-tions to the Common Agricultural Policy.
3. The mid-term and ex post evaluations shall be performed in
consultation with the Commission under the responsibility of theauthority in charge of managing the rural development programming.
4. The quality of individual evaluations shall be assessed by the
authority in charge of managing the rural development programmingdocument, the monitoring committee, if any, and the Commission using
recognised methods. The results of the evaluations shall be available to
the public.
Article 45
1. A mid-term evaluation report shall be transmitted to the
Commission not later than 31 December 2003. The authority responsiblefor managing the rural development programming document shallinform the Commission about the follow-up to the recommendations in
this evaluation report. The Commission shall prepare a Community-
level synthesis upon receipt of the individual evaluation reports. Anupdate of the mid-term evaluation shall be completed by 31 December2005 where appropriate.
2. Anex post evaluation report shall be transmitted to the
Commission not later than two years after the end of the programming
period. Within three years of the end of the programming period and
upon receipt of the individual evaluation reports the Commission shallprepare a Community-level synthesis.
3. The evaluation reports shall explain the methodologies applied,
including the implications for the quality of the data and the findings.They shall include a description of the context and contents of the1999R1750 — EN — 30.09.2000 — 002.001 — 17
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programme, financial information, the answers including the utilised
indicators to the common evaluation questions and to the evaluationquestions defined at national or regional lever, conclusions and
recommendations. Their structure shall, as far as possible, follow a
recommendation for a common structure for the evaluation reports to beprovided by the Commission.
SECTION 6
Applications,controlsandsanctions
Article 46
1. Applications for rural development support relating to areas or
animals, which are lodged separately from aid applications under Article4 of Regulation (EEC) No 3887/92 shall indicate all areas and allanimals of the holding relevant for checking the applications under the
measure in question, including those for which no support is requested.
2. Where a rural development support measure relates to areas, it
shall refer to individually identified parcels. ►
M1During the period
covered by an undertaking, parcels receiving support may not be
exchanged except in cases specifically provided for in the programming
document. ◄
3. Where the application for payment is included with an application
for area aid in the integrated control system, the Member State shall
ensure that parcels for which rural development support is requested are
declared separately in the application for area aid in the integratedcontrol system.
4. Land areas and animals shall be identified in accordance with
Articles 4 and 5 of Regulation (EEC) No 3508/92.
Article 47
1. Initial applications to a scheme and successive applications for
payment shall be checked in a manner which ensures effective
verification of compliance with the conditions for the granting of the
aid. In fine with the nature of the support measure Member States shalldefine the systems and means for their verification as well as the personswho shall be subject to checks. In all appropriate cases, Member Statesshall make use of the integrated administration and control system
established by Regulation (EEC) No 3508/92.
2. Verifications shall be carried out by means of administrative and
on-the-spot checks.
3. Administrative checks shall be exhaustive and shall include cross-
checks, inter alia in all appropriate cases with data from the integratedadministration and control system, on areas of land and livestockcovered by a support measure in order to avoid all unjustified paymentsof aid. Compliance with long-term commitments shall also be checked.
4.►
M1On-the-spot checks shall be carried out in accordance with
Articles 6, 7, 7a and 7b of Regulation (EEC) No 3887/92. ◄They shall
cover at least 5 % of beneficiaries each year, covering all the differenttypes of rural development measures set out in the programming
documents.
On-the-spot checks shall be spread over the year in accordance with an
analysis of the risks presented by each rural development measure. Allcommitments and obligations of a beneficiary which it is possible to
check at the time of the visit shall be subject to checking.
Article 48
1. Article 9(1), (2) and (3) of Regulation (EEC) No 3887/92 shall
apply to support granted on the basis of areas and Article 10(2), (3), (4),(5), Article (10)(b) and Article (10)(f) of that Regulation shall apply tosupport granted on the basis of animals.1999R1750 — EN — 30.09.2000 — 002.001 — 18
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Moreover, Articles 11(1)(a) and 14 of Regulation (EEC) No 3887/92
shall apply to such support.
2. Member States shall determine a system of penalties to be imposed
in the event of breaches of the obligations entered into and of regulatoryprovisions applicable to the case, and shall take all necessary steps to putthe system into operation. Such penalties shall be effective, shall becommensurate with their purpose and shall have an adequately deterrenteffect.
3. Where it is found that a false declaration has been made as a result
of serious negligence, the beneficiary in question shall be excluded from
all rural development measures falling under the relevant chapter ofCouncil Regulation (EC) No 1257/1999 for the calendar year inquestion. In the case of a false declaration made intentionally, he shallbe excluded for the following year as well. This penalty shall apply
without prejudice to additional penalties provided for under national
rules.
CHAPTER IV
FINALRULES
Article 49
1. Regulations (EEC) No 2084/80, (EEC) No 220/91, (EC) No 860/
94, (EC) No 1025/94, (EC) No 1054/94, (EC) No 1282/94, (EC) No1404/94, (EC) No 1682/94, (EC) No 1844/94, (EC) No 746/96 andDecisions 92/522/EEC and 94/173/EC are hereby repealed.
2. The Regulations and Decisions repealed in paragraph 1, with the
exception of Article 17 of Regulation (EC) No 746/96, Articles 1 and 2
of Regulation (EC) No 1404/94 and Articles 1 and 2 of Regulation (EC)No 1054/94, shall continue to apply to measures approved by theCommission before 1 January 2000 under the Regulations referred to inArticle 55(1) of Regulation (EC) No 1257/1999.
Article 50
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal ofthe European Communities.
It shall apply in relation to Community support as from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R1750 — EN — 30.09.2000 — 002.001 — 19
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ANNEX
RURALDEVELOPMENTPLANS
1.Titleofruraldevelopmentplan
2.MemberStateandadministrativeregion(ifrelevant)
3. 1.Geographical area covered by the plan
Article 41 of Regulation (EC) No 1257/1999
2.Regions classified as Objectives 1 and 2
Article 40 of Regulation (EC) No 1257/1999
Identify:
— Objective 1 regions and Objective 1 regions in transition. This applies
only to the accompanying measures (early retirement, compensatory
allowances, agri-environment and afforestation of agricultural land
under Article 31 of Council Regulation (EC) No 1257/1999);
— Objective 2 regions. This applies to:
1) Accompanying measures
2) Other measures which do not form part of the Objective 2
programming.
4.Planningattherelevantgeographicalarea
Article 41(2) of Regulation (EC) No 1257/1999Where exceptionally more than one rural development plan will apply in the
region, indicate:
— all the relevant plans;
— why it is not possible to integrate measures into a single plan;
— relationship between measures in the different plans and details as to how
compatibility and consistency between plans will be ensured.
5.Quantifieddescriptionofthecurrentsituation
Article 43(1), first indent, of Regulation (EC) No 1257/19951.Description of the current situation
Describe, using quantified data, the current situation of the geographical
area, highlighting strengths, disparities, gaps and potential for rural
development. This description shall concern the agricultural sector and the
forestry sector (including the nature and extent of handicaps in farming in
any less favoured areas), the rural economy, the demographic situation,
human resources and employment and the state of the environment.
2.Impacts of the previous programming period
Describe the impacts of the financial resources deployed in the framework
of the EAGGF relating to Rural Development in the previous
programming period and under the accompanying measures since 1992.
Present results of evaluations.
3.Other information
Where relevant, extend description to measures in addition to Community
rural development and accompanying measures which had an impact on
the programming area concerned.
6.Description of the strategy proposed, its quantified objectives, rural
developmentpriorities selected andgeographicalareacovered
Article 43(1), second indent, of Regulation (EC) No 1257/19991.Strategy proposed, quantified objectives, priorities selected
With regard to the identified strengths, disparities, gaps and potentials in
the area concerned, describe in particular:
— the priorities for actions,
— the appropriate strategy to attain the priorities,1999R1750 — EN — 30.09.2000 — 002.001 — 20
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— the operational objectives and expected impacts, quantified where they
lend themselves to quantification, quantified as well in terms of
monitoring as in terms of evaluation estimates,
— the extent to which the strategy takes account of the specific features
of the areas concerned,
— the way the integrated approach has been included,— the extent to which the strategy takes into account the integration of
women and men,
— the extent to which the strategy takes into account all relevant
international Community and national environmental policy obliga-
tions, including those relating to sustainable development, in particular
the quality and use of water, conservation of biodiversity including on-
farm conservation of crop varieties, and global warming.
2.Description and effects of other measures
In addition, the description shall, where relevant, explain measures taken
outside the frame of the rural development plan (whether other
Community measures or national measures, such as compulsory rules,
codes of practice and State aided measures) and the extent to which the
identified needs will thus be met.
3.Areas covered by specific territorial measures
Describe for any measure as defined under point 8 which does not apply
throughout the region indicated in point 3, the zone of application.
In particular, define:
— the adopted list of less-favoured areas for the area concerned,
— any amendments to the list of less favoured areas with a due
justification (Article 55(4) of Council Regulation (EC) No 1257/
1999),
— areas with environmental restrictions with a due justification.
4.Time-scheme and uptake
Proposed timetable for implementing the various measures, expected
uptake, and duration (see also point 8).
7.Appraisal showing the expected economic, environmental and social
impacts
Article 43(1), third indent, of Regulation (EC) No 1257/1999Detailed indications according to Article 43 [Regulation (EC) No 1257/
1999].
8.Indicativeoverallfinancialtable(EAGGFyear)
Fourth indent of Article 43(1) of Regulation (EC) No 1257/1999.—Financial programming table: rural development programmes (EUR
million)1999R1750 — EN — 30.09.2000 — 002.001 — 21
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— The different measures are defined as follows:
(a) investment in farms;
(b) start-up assistance for young farmers;
(c) training;
(d) early retirement;
(e) less-favoured areas and areas with environmental constraints:
(f) agri-environment;1999R1750 — EN — 30.09.2000 — 002.001 — 22
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(g) improving the processing and marketing of agricultural products;
(h) afforestation of agricultural land;
(i) other forestry measures;(j) land improvement;
(k) reparcelling;
(l) setting up farm relief and farm management services;
(m) marketing of quality agricultural products;
(n) basic services for the rural economy and population;(o) renovating and developing villages, protecting and conserving rural
heritage;
(p) diversifying agricultural activites and activities close to agriculture
to provide multiple activities or alternative sources of income;
(q) managing agricultural water resources;
(r) developing and improving infrastructure connected with the
development of agriculture;
(s) encouraging tourist and craft activities;
(t) protecting the environment in connection with agriculture, forestry
and landscape management and improving animal welfare;
(u) restoring agricultural production potential damaged by natural
disasters and introducing appropriate prevention instruments;
(v) financial engineering.
—EAGGF Guarantee Section resources for measures to promote the
adaptationanddevelopmentofruralareas(Article33ofRegulation(EC)
No 1257/1999) in Objective 2 (rural) areas: EUR … million (% of total
for Article 33) .
9.Descriptionofthemeasurescontemplatedforimplementingtheplans
Article 43(1), fifth indent, of Regulation (EC) No 1257/1999
For every point thereunder, provide:
A. Main features of support measures,
B. Other elements.
1.General requirements
A. Main features of support measures:
— list of measures in the order of Council Regulation (EC) No 1257/
1999;
— identification of the single Article (and paragraph) under which
each Rural development payment measure falls. Where two or
more articles are cited, the payment measure must be divided into
its constituent parts.
B. Other elements:
None.
2.Requirements which concern all or several measures (
1).
A. Main features:
— Community contribution based on either the total cost or public
expenditure;
— aid intensifies and/or amounts and differentiation applied (Chap-
ters I to VIII);
— exceptions referred to in Article 37 (3) subparagraph 2 first indent
of Council Regulation (EC) No 1257/1999.
B. Other elements:
— details of eligibility conditions;
— criteria to demonstrate economic viability (Chapters I, II, IV and
VII);
— usual good farming practice (Chapters V and VI);1999R1750 — EN — 30.09.2000 — 002.001 — 23
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— minimum standards regarding environment, hygiene and animal
welfare (Chapters I, II and VII);
— level of occupational skill and competence required (Chapters I, II
and IV);
— sufficient assessment of the existence of normal market outlets for
the products concerned (Chapters I and VII) according to Articles
6 and 26 of Council Regulation (EC) No 1257/1999;
— description of the total of ongoing contracts (from the previous
period), including in financial terms, and procedures/rules which
apply to these.
3.Information required for specific measures
In addition, the following specific information is required for measures
under the individual chapters:
I. Investment in agricultural holdings
A. Main features:
— primary production sectors and types of investments;
B. Other elements:
— maximum limits for total investment amount eligible for
support;
— types of aid;
— where applicable, a description of the rural areas facing
structural difficulties as referred to in Article 2 of this
Regulation.
II. Setting-up of young farmers
A. Main features:
None.
B. Other elements:
— period left to young farmers to fulfil the eligibility criteria
within the allowed period of three years according to Article
5 of Regulation (EC) No 1257/1999,
— age limit,
— conditions applying to young farmers not established as sole
head of the holding or who set up as members of
associations or co-operatives whose principal object is the
management of an agricultural holding,
— type of setting-up aid.
III. Training
A. Main features:
None.
B. Other elements:
— eligible actions and beneficiaries;
— ensure that no normal education system and programmes are
proposed for financing.
IV. Early retirement
A. Main features:
None.
B. Other elements:
— detail of conditions concerning transferor, transferee, worker
and land released, in particular the use of land to be retained
by the transferor for non commercial purposes and the
period to improve viability;
— type of aid including a description of the system used for
calculating the maximum co-financible amount per holding
and a justification according to the type of beneficiary;
— description of national retirement and early retirement
systems;
— detail on the duration of the aid.1999R1750 — EN — 30.09.2000 — 002.001 — 24
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V. Less favoured areas and areas with environmental
restrictions
A. Main features:
— level of aid amount:
1. for compensatory allowances according to Article 13
point (a) of Council Regulation (EC) No 1257/1999:
justification of the modulation of the aid amount
according the criteria of Article 15(2) of the Council
Regulation;
2. for compensatory allowances according to Article 13
point (a) of the Council Regulation (EC) No 1257/1999:
proposals to use the flexibility provisions concerning the
maximum co-financible amount in Article 15(3), second
subparagraph of Council Regulation (EC) No 1257/1999
shall include the necessary justification. Specify how it
will be assured that the upper limit for compensatory
allowances is respected in these cases and explain the
administrative procedure by which they will ensure
adherence to the maximum co-financible amount;
3. for compensatory payments according to Article 13 point
(b) of Council Regulation (EC) No 1257/1999 and Article
16 of Council Regulation (EC) No 1257/1999: Detailed
agronomic calculations showing: (a) income foregone
and costs incurred resulting from the environmental
restrictions, (b) agronomic assumptions used as reference
point.
B. Other elements:
— details on eligibility conditions concerning:
1. the definition of the minimum surface;
2. the description of the appropriate conversion mechanism
used in case of common pastures.
VI. Agri-environment
A. Main features:
— a justification for the undertakings with regard to their
expected impacts;
— concerning breeds of farm animal in danger of extinction,
evidence of the endangered statue of the breed consistent
with scientific data accepted by international organisations
regarded as authorities in this field. ►M2Member States
may make new commitments until 31 December 2001 under
the present rural development support scheme relating to
breeds supported under previous schemes; ◄
— concerning plant genetic resources under threat of genetic
erosion, evidence of genetic erosion based upon scientific
results and indicators for the occurance of landraces/
primitive (local) varieties, their population diversity and
the prevailing agricultural practices at local level;
— precise detail of obligations on farmers and any other
conditions of agreement, including scope and procedures for
adjustment of running contracts;
— description of coverage of measure showing extent of
application according to needs, degree of targeting in terms
of geographical, sectoral or other coverage;
— detailed agronomic calculations showing: (a) income fore-
gone and cost; incurred with regard to usual good
agricultural practice, (b) agronomic assumptions used as
reference point (c) level of incentive and justification for
incentive based on objective criteria;
— for the agri-environment undertakings together, possibilities
for combination; of-undertakings should be shown and
coherence of undertakings should be ensured.
B. Other elements:
None.
VII. Processing and marketing of agricultural pr oducts
A. Main features:
— sectors of the basic agricultural production.1999R1750 — EN — 30.09.2000 — 002.001 — 25
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B. Other elements:
— criteria to prove economic benefits for primary producers.
VIII. Forestry
A. Main features:
— definition of:
— ‘agricultural land’ in relation to Article 25 of Regulation
(EC) No 1257/1999;
— ‘farmer’ in relation to Article 26 of Regulation (EC) No
1257/1999;
— provisions ensuring that such actions are adapted to local
conditions and are compatible with the environment as well
as where appropriate keeping balance between silviculture
and game populations;
— contractual arrangements between regions and potential
beneficiaries concerning actions related to Article 32 of
the Council Regulation.
B. Other elements:
— description of eligible actions and beneficiaries;
— linkage between proposed actions and national/sub-national
forest programmes or equivalent instruments;
— the existence of forest protection plans as laid down in
Community legislation for areas classified as high or
medium forest fire risk and the conformity of proposed
measures with these protection plans.
IX. Promoting the adaptation and development of rural areas
A. Main features:
— description and justification of the action proposed under
each measure.
B. Other elements
— definition of financial engineering, which shall be in
accordance with general eligibility criteria.
10.Need for any studies, demonstration projects, training or technical
assistanceoperations(whereappropriate)
Article 43(1), sixth indent, of Regulation (EC) No 1257/1999
11.Designationofcompetentauthoritiesandbodiesresponsible
Article 43(1), seventh indent, of Regulation (EC) No 1257/1999
12.Provisions to ensure the effective and correct implementation of the
plans including monitoring and evaluation, a definition of quantified
indicators for evaluation, arrangements for controls and sanctions and
adequatepublicity.
Article 43(1), eighth indent, of Regulation (EC) No 1257/1999
1.Detailed indications on the implementation of Articles 41 to 45 of the
[Regulation(EC) No 1257/1999]
They should include in particular:
— the description of the financial circuits for the payment of assistance to
final beneficiaries,
— the arrangements for monitoring and evaluation of the programme,
notably systems and procedures for the collection, organisation and
coordination of data relating to financial physical and impact
indicators,
— the role, composition and rules of procedure of any monitoring
committees,
— codification. This codification shall be in accordance with the model
provided by the Commission.
2.Detailed information on the implementation of Articles 46, 47 and 48 of
this Regulation
This should include the specific inspection measures set up to verify the
substance of applications and ensure compliance with the requirements for
support, and the specific rules on penalties.1999R1750 — EN — 30.09.2000 — 002.001 — 26
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3.Detailed information on compliance with the general eligibility criteria
laid down in Regulation (EC) No 1685/2000.
Article 32a of this Regulation
13.Results of consultations and designation of associated authorities and
bodiesaswellaseconomic andsocialpartners
Article 43(1), ninth indent, of Regulation (EC) No 1257/1995
1.Describe:
— the economic and social partners and other national relevant bodies to
be consulted according to national rules and practice,
— the agricultural and environmental authorities and bodies to be
associated in particular with the development, implementation,
monitoring, evaluation and review of agri-environment measures and
other measures targeted to environment, thus ensuring the balance
between these measures and other rural development measures.
2.Summarise the results of consultations and indicate the extent to which
and the views and advice received have been taken into account
14.Balancebetweenthedifferentsupportmeasures
Article 43(2), second indent, of Regulation (EC) No 1257/1999
1.Describe, with reference to the strengths, needs and potential:
— the balance between the different rural development measures;
— the extent to which the agri-environment measures apply throughout
the territory.
2.This description shall, according to the case, make reference to:
— measures taken outside the frame of Council Regulation (EC) No
1257/1999,
— measures taken or foreseen under separate rural development plans.
15.Compatibilityandconsistency
Article 37(2) of Regulation (EC) No 1257/1999
A. Main features:
1. Appraisal of the compatibility and consistency with:
— other Community policies and measures implemented thereunder,
in particular competition policy,
— other instruments under Common Agricultural Policy, in particular
where exceptions to Article 37(3) of Council Regulation (EC) No
1257/199S are foreseen,
— other support measures within the rural development plans,
— general eligibility criteria.
2. In relation to measures under Article 33 of Council Regulation (EC)
No 1257/1999, ensure and where necessary clarify that:
— measures taken under the sixth, seventh and ninth indents of that
Article are not the subject of financing under the ERDF in rural
areas in Objective 2 areas and in areas in transition,
— measures do not fall within the scope of any other measure
referred to in Chapter II of Council Regulation (EC) No 1257/
1999.
B. Other elements
3. In particular, the appraisal shall cover arrangements to ensure proper
coordination with administrations responsible for:
— development measures introduced in the framework of the market
organisations,
— any rural development measures provided for under national
legislation.
16.AdditionalStateaids
Article 52 of Regulation (EC) No 1257/1999A. Main features1999R1750 — EN — 30.09.2000 — 002.001 — 27
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▼B
Identify the measures in respect of which State aid intended to provide
additional financing will be granted (Article 52 of Council Regulation
(EC) No 1257/1999). An indicative table shall set out the amount of
additional support to be granted in respect of each of the measures
concerned during each year covered by the plan.
B. Other elements.
None.1999R1750 — EN — 30.09.2000 — 002.001 — 28