EN Official Journal of the European Union L 86/12

COMMISSION IMPLEMENTING REGULATION (EU) No 287/2013

of 22 March 2013

amending Annexes IV and 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, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular points (a) and (b) of Article 8(2) and the second subparagraph of Article 40(1) thereof,

Whereas:

(1) Article 10b of Regulation (EC) No 73/2009 provides for the possibility for Member States having applied the voluntary modulation in respect of calendar year 2012 to continue reducing direct payments in respect of calendar year 2013. The United Kingdom notified the Commission of its decision to use this possibility, which resulted in Commission Implementing Decision 2013/146/EU of 20 March 2013 fixing the amount resulting from the application of voluntary adjustment in the United Kingdom for the calendar year 2013 (2). It is therefore appropriate to review the corresponding ceiling as referred to in Article 8 of Regulation (EC) No 73/2009.

(2) Greece, Spain, Luxembourg, Malta and the United Kingdom notified the Commission of their intention to provide support to vine-growers for 2014 by allocating payment entitlements in accordance with Articles 103(o) 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) (3). The respective national ceilings as referred to in Article 40(1) of Regulation (EC) No 73/2009 should therefore be adapted accordingly.

(3) The information to be notified by the Member States in accordance with Article 188a(3) of Regulation (EC) No 1234/2007 on the areas grubbed up and in accordance with Article 40(1) of Regulation (EC) No 73/2009 on the regional average of the value of the entitlements of the grubbed up areas were not yet known when the net ceilings referred to in Article 8 of Regulation (EC) No 73/2009 were set out, for 2013, in Annex IV to that Regulation as amended by Regulation (EU) No 671/2012 of the European Parliament and of the Council (4). The amounts of those ceilings were therefore based on estimates. Following the notifications of Germany, Greece, Spain, France, Italy Luxembourg, Austria, Portugal and Slovenia pursuant to Article 188a(3) of Regulation (EC) No 1234/2007 and Article 40(1) of Regulation (EC) No 73/2009, the amounts of the ceilings set out in Annex IV to Regulation (EC) No 73/2009 for 2013 should be reviewed.

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

(5) 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

Annexes IV and VIII to Regulation (EC) No 73/2009 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day following that of 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, 22 March 2013. For the Commission The President José Manuel BARROSO

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

(2) OJ L 82, 22.3.2013, p. 58.

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

(4) OJ L 204, 31.7.2012, p. 11.