Commission Regulation (EC) No 2603/1999 of 9 December 1999 laying down rules for the transition to the rural development support provided for by Council Regulation (EC) No 1257/1999
Date: 1999-12-09
Institutions: European Commission
Subjects: EAGGF Guarantee Section, EAGGF Guidance Section, State aid, aid to agriculture, regional aid, rural development

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COMMISSION REGULATION (EC) No 2603/1999

of 9 December 1999

laying down rules for the transition to the rural development support provided for by Council
Regulation (EC) No 1257/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5)

Having regard to Council Regulation (EC) No 1257/1999 of 17
May 1999 on support for rural development from the Euro-
pean Agricultural Guidance and Guarantee Fund (EAGGF) and
amending and replacing certain regulations (1), and in particular
Article 53(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

Regulation (EC) No 1257/1999 is to apply in relation to
Community support as from 1 January 2000. Regula-
tions repealed and provisions deleted by that Regulation
are to continue to apply to actions approved by the
Commission under the Regulations concerned before 1
January 2000.

Transitional rules should facilitate the transition from
existing support schemes to the new rural development
support scheme in order to avoid any difficulties or
delays in the implementation of
rural development
support during the period of transition.

Rural development support under Regulation (EC) No
1257/1999 is to cover a programming period starting
on 1 January 2000. In order to ensure full integration of
future measures into the new programming the
all
Commission should no longer approve measures or
amendments to measures under the existing schemes
whose duration extends beyond 31 December 1999,
unless immediate approval
is required for imperative
reasons.

In order to ensure the continuity of agri-environment
support, Member States should be authorised to extend
existing agri-environment commitments for the neces-
sary period to allow transition to the new scheme and to
conclude new agri-environment contracts if full compli-
ance of such commitments with the new support frame-
work can be assured. In order to ensure the effectiveness
of new rules for agri-environment support, the specific
transitional arrangements for agri-environment commit-
ments must be applied as from 30 July 1999, the day
after they were announced to Member States in the
management committee. Member States should also be
authorised to make new agri-environment commitments
before 1 January 2000 upon applications submitted
before 30 July 1999 under Council Regulation (EEC) No

(1) OJ L 160, 26.6.1999, p. 80.

2078/92 (2), as last amended by Commission Regulation
(EC) No 2772/95 (3).

Payments arising from commitments made before 1
January 2000 in connection with rural development
schemes, which in future are to be financed by the
Guarantee Section of the EAGGF, should continue to be
financed by the Guidance Section of the EAGGF until 31
December 2001 in accordance with existing support
conditions and subject to funds available. However, until
31 December 2001 multiannual expenditure arising
from such commitments, as well as compensatory
allowances relating at the latest to the year 1999, may
under certain conditions be financed from the Guarantee
Section of the EAGGF if no funds are available or the
available funds are insufficient. In any case, multiannual
expenditure beyond 31 December 2001 should be
financed by the Guarantee Section of the EAGGF.

Specific rules should be established as to the starting
point for eligibility of expenditure under the new rural
development programming documents.

In order to resolve specific problems arising from the
change from headage to hectare based payments for
allowances, Member States
granting compensatory
should be authorised for a transitional period of one
year to continue payments on a headage basis.

The dates for the applicability of the State aid rules laid
down in Title IV of Regulation (EC) No 1257/1999
should be defined for new aid within the meaning of
Council Regulation (EC) No 659/1999 of 22 March
1999 laying down detailed rules for the application of
Article 93 of the EC Treaty (4).

The measures provided for in this Regulation are in
accordance with the opinion of the Committee on Agri-
cultural Structures and Rural Development,

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

CHAPTER I

Scope

Article 1

This Regulation lays down specific measures to facilitate the
transition from the system in force to the one established by
Regulation (EC) No 1257/1999.

(2) OJ L 215, 30.7.1992, p. 91.
(3) OJ L 288, 1.12.1995, p. 35.
(4) OJ L 83, 27.3.1999, p. 1.

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CHAPTER II

Existing measures

Article 2

The Commission shall not approve in the framework of Regu-
lations repealed by Article 55(1) of Regulation (EC) No 1257/
1999 any measure or any amendment thereto whose duration
extends beyond 31 December 1999, unless
immediate
approval

is required for imperative reasons.

Article 3

1. Member States may extend an agri-environment commit-
ment made under Regulation (EEC) No 2078/92 terminating
before the rural development programming document has been
approved by the Commission by up to a maximum period of
one year, but in no case extending beyond 31 December 2000.

The extension period shall not be taken into account in calcu-
lating the duration of commitments in the framework of Regu-
lation (EC) No 1257/1999.

2. Member States may make new agri-environment commit-
ments under Regulation (EEC) No 2078/92 only before 1
January 2000 and on condition that:

(a) an application has been submitted before 30 July 1999 and
continuity of agri-environment support requires a commit-
ment without undue delay; or

(b) these commitments are adjusted, if necessary and as soon
as possible, to the rural development programming docu-
ment as approved by the Commission. In cases where such
adjustment is made, the period before the adjustment shall
not be taken into account in calculating the duration of
commitments in the framework of Regulation (EC) No
1257/1999.

3. Where Member States apply paragraphs 1 or 2, they shall
integrate this in their rural development plans. Member States
shall specify where they have applied paragraph 1 or paragraph
2 and shall integrate any adjustments under paragraph 2(b).

Article 4

1.
In the case of support granted Council Regulations (EEC)
No 1696/71 (1), (EEC) No 404/93 (2) and (EC) No 2200/96 (3),
as well as Council Regulations (EEC) No 4256/88 (4), (EEC) No
1610/89 (5), (EEC) No 867/90 (6), (EC) No 950/97 (7), (EC) No
951/97 (8) and (EC) No 952/97 (9), the provisions of para-
graphs 2 and 3 of this Article shall apply.

(1) OJ L 175, 4.8.1971, p. 1.
(2) OJ L 47, 25.2.1993, p. 1.
(3) OJ L 297, 21.11.1996, p. 1.
(4) OJ L 374, 31.12.1988, p. 25.
(5) OJ L 165, 15.6.1989, p. 3.
(6) OJ L 91, 6.4.1990, p. 7.
(7) OJ L 142, 2.6.1997, p. 1.
(8) OJ L 142, 2.6.1997, p. 22.
(9) OJ L 142, 2.6.1997, p. 30.

Payments arising from commitments, including compens-
2.
atory allowances relating, at the latest, to the year 1999, made
by Member States before 1 January 2000 and for which the
application for payment is received by the Commission before
1 January 2002 shall continue to be financed by the Guidance
Section of the EAGGF in accordance with the conditions laid
down in the Regulations referred to in paragraph 1 and subject
to the availability of funds.

Where for actions referred to in subparagraph 1 no funds are
available or the available funds are insufficient, the following
may be integrated into the rural development programming for
the period 2000-2006 and financed by the Guarantee Section
of the EAGGF, provided that criteria clearly identifying the
expenditure to be integrated in the programming are laid down
by the Member State concerned:

(a) payments in connection with compensatory allowances

relating, at the latest, to the year 1999, or

(b) payments in connection with multiannual expenditure in
areas not covered by Objective 1 as defined as from 1
January 2000.

Community support

3.
for multiannual expenditure for
actions referred to in the first subparagraph of paragraph 2 for
which application for payment is received by the Commission
after 31 December 2001, shall be financed by the Guarantee
section of the EAGGF in areas not covered by Objective 1 as
defined as from 1 January 2000.

4.
In their rural development plans, Member States shall
specify where they have applied paragraph 1 or paragraph 2.

Article 5

1.
For existing measures Member States shall continue to
report to the Commission in compliance with the rules applic-
able to those measures.

2. Member States shall submit to the Commission by 31
March 2000 a report on actions covered by Article 4. This
report must be presented in accordance with the tables in
Annexes I and II.

CHAPTER III

New measures

Article 6

Expenditure shall be eligible for support
from the EAGGF
Guarantee Section only if it has actually been paid to the
individual beneficiary of a rural development support measure
after 31 December 1999 and after the date on which the rural
development plan or any amendment to that plan relevant for
the measure concerned has been submitted or communicated
to the Commission. The later of those dates shall constitute the
starting point for the eligibility of expenditure.

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However, expenditure in respect of ex-ante evaluation shall be eligible for support according to Article 40 of
Commission Regulation (EC) No 1750/1999 (1),

if it has been paid after 31 July 1999.

Article 7

Member States may provide in their rural development plans that compensatory allowances may continue
to be granted on the basis of livestock numbers for payments due in relation to the year 2000. In this case,
the maximum compensatory allowance referred to in the Annex to Regulation (EC) No 1257/1999 applies
per livestock unit.

CHAPTER IV

State aid

Article 8

The provisions of Title IV of Regulation (EC) No 1257/1999 shall apply to new aids within the meaning of
Article 1 (c) of Regulation (EC) No 659/1999 from 1 January 2000.

CHAPTER V

Final rules

Article 9

This Regulation shall enter into force on the date of its publication in the Official Journal of the European
Communities.

Article 3 shall apply as from 30 July 1999.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 214, 13.8.1999, p. 31.

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ANNEX I

Report of EAGGF assistance committed at Member State level up to 31 December 1999

ARINCO reference No

Commission Decision No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (most recent)

(A separate report should be presented for each objective)

Currency unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Measures concerned

Number of
beneficiaries (1)

Total public expenditure
approved (1)

EAGGF Assistance
pending (2)

Regulation (EC) No 950/97:

— Articles 4 to 9
— Articles 10 to 11
— Articles 13 to 16
— Articles 17 to 19
— Article 20
— Articles 26 to 28

Council Directive (EEC) No 72/159 (3)

Council Directive (EEC) No 72/160 (4)

Council Regulation (EEC) No 1035/72 (5)

Regulation (EC) No 952/97

Council Regulation (EEC) No 389/82 (6)

Regulation (EEC) No 1696/71

Total programme

(1) The information given concerns only cases where a commitment has been made, or an amount is due in respect of a period ending

before 1 January 2000, but the amount has not been paid to the beneficiary before 1 January 2000.

(2) Committed but not paid up to 31 December 1999.
(3) OJ L 90 23.4.1972, p. 1.
(4) OJ L 96 23.4.1972, p. 9.
(5) OJ L 118 20.5.1972, p. 1.
(6) OJ L 51 23.2.1982, p. 1.

Dossier in charge of

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date, stamp, position and signature of the competent authority of the Member State.

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ANNEX II

Report on EAGGF assistance committed at Member State level up to 31 December 1999

ARINGO reference No

Commission Decision No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (most recent)

(A separate report should be presented for each Objective)

Currency unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Measures concerned

Investment
No (1)

Region

Total eligible
expenditure
approved

EAGGF assistance

Paid to
31.12.1999

pending (2)

Regulation (EC) No 951/97

Regulation (EEC) No 867/90

Total Programme

(1) Member State's identification number of the investment.
(2) Committed but not paid up to 31 December 1999

Dossier in the charge of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tel.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date, stamp, position and signature of the competent authority of the Member State.