EN Official Journal of the European Union L 106/1

COMMISSION REGULATION (EU) No 360/2010

of 27 April 2010

amending Annex IV and Annex VIII to Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for the farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007, and repealing Regulation (EC) No 1782/2003 (1), and in particular its Articles 8(2)(a), 8(2)(b), 40 and 67 thereof,

Whereas:

(1) Annex VIII to Regulation (EC) No 73/2009 establishes for each Member State the maximum value of all payment entitlements that can be allocated during a calendar year. In accordance with Articles 40(2) and 67 of that Regulation Annex VIII should be adapted to take into account the decisions of the Member States in accordance with Articles 103o and 188a(3) of Council 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) (2) with regard to wine and to the advanced integration of coupled support into the single payment scheme.

(2) Germany, Greece, Spain, France, Italy, Luxembourg, Austria, Portugal and Slovenia notified the Commission of their intention to allocate new payment entitlements to wine growers in accordance with Articles 103o and 188a(3) of Regulation (EC) No 1234/2007.

(3) Belgium, Denmark, Greece, Luxembourg, the Netherlands, Austria, Finland, Sweden and United Kingdom notified the Commission of their intention to at least advance the integration of the seed aid referred to in Section 5 of Title IV of Regulation (EC) No 73/2009 or one of the schemes referred to in point 1 of Annex XI to that Regulation, with the exception of the specific quality premium for durum wheat, into the single payment scheme in 2010 or 2011.

(4) Annex IV to Regulation (EC) No 73/2009 establishes for each Member State the ceilings which may not be exceeded by the total amounts of the direct payments, net of modulation, which may be granted in respect of a calendar year in the Member State concerned.

(5) Following the decisions taken by the Member States in accordance with Article 103o and 188a(3) of Regulation (EC) No 1234/2007 and Article 67 of Regulation (EC) No 73/2009, the total maximum amounts of direct payments that may be granted shall be increased. Therefore, in accordance with Article 8(2)(a) of Regulation (EC) No 73/2009, Annex IV to that Regulation shall be reviewed.

(6) Since the difficulties to its agricultural sector provoked by the economic crisis persist with a continuing negative impact on the economic situation of farmers, Portugal has communicated to the Commission that it has decided not to apply the voluntary modulation foreseen from 2010 until 2012. Therefore, in accordance with Article 8(2)(b) of Regulation (EC) No 73/2009, the net amount resulting from the application of the voluntary modulation in Portugal fixed by Commission Decision 2009/780/EC (3) should for those years be added to the national ceiling for Portugal as set out in Annex IV to Regulation (EC) No 73/2009.

(7) Annexes IV and VIII to Regulation (EC) No 73/2009 should therefore be amended accordingly.

(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 73/2009 is replaced by the text set out in Annex I to this Regulation.

Article 2

Annex VIII to Regulation (EC) No 73/2009 is replaced by the text set out in Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 April 2010. For the Commission The President José Manuel BARROSO

(1) OJ L 30, 31.1.2009, p. 16.

(2) OJ L 299, 16.11.2007, p. 1.

(3) OJ L 278, 23.10.2009, p. 59.

ANNEX I ‘ANNEX IV (EUR million) Calendar year 2009 2010 2011 2012 Belgium 583,2 575,4 570,8 569,0 Czech Republic 825,9 Denmark 987,4 974,9 966,5 964,3 Germany 5 524,8 5 402,6 5 357,1 5 329,6 Estonia 92,0 Ireland 1 283,1 1 272,4 1 263,8 1 255,5 Greece 2 561,4 2 365,4 2 359,2 2 344,1 Spain 5 043,7 5 066,4 5 031,4 5 043,2 France 8 064,4 7 946,1 7 878,6 7 849,2 Italy 4 345,9 4 151,6 4 124,7 4 121,6 Cyprus 49,1 Latvia 133,9 Lithuania 346,7 Luxembourg 35,6 35,2 35,1 34,7 Hungary 1 204,5 Malta 5,1 Netherlands 836,9 829,1 822,5 830,6 Austria 727,6 721,7 718,1 715,6 Poland 2 787,1 Portugal 590,5 574,3 570,3 566,3 Slovenia 131,5 Slovakia 357,9 Finland 550,0 544,5 541,1 539,2 Sweden 733,1 717,7 712,3 708,5 United Kingdom 3 373,1 3 345,4 3 339,4 3 336,1’