Council Regulation (EC) No 1244/2001 of 19 June 2001 amending Regulation (EC) No 1259/1999 establishing common rules for direct support schemes under the common agricultural policy
Date: 2001-06-19
Institutions: Council of the European Union
Subjects: agricultural guidance, aid system, aid to agriculture, common agricultural policy

27.6.2001

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1244/2001

of 19 June 2001

amending Regulation (EC) No 1259/1999 establishing common rules for direct support schemes
under the common agricultural policy

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

For direct payments under the various income support schemes in the common agricultural policy,
statistics show that a high number of farmers receive very small amounts. The aid schemes make no
distinction between farmers receiving small amounts and those receiving larger amounts,
the
eligibility conditions and administrative and control provisions being the same.

Setting up a simplified aid scheme for farmers receiving small amounts can contribute to reducing
the administrative burden at the level of farmers, national administrations and the Commission. It is
appropriate to test the efficiency of such a scheme for a trial period. Farmers entitled to small
amounts or willing to accept a smaller amount of aid should receive, during a minimum period, one
global payment per year, under simplified conditions. Due to its temporary nature, participation in
the scheme should be on a voluntary basis both for Member States and farmers in the Member States
that decide to apply the scheme.

(3)

In order to simplify administrative procedures, Member States should be allowed to make single
combined payments to participating farmers, covering the aids granted under this simplified scheme
and those granted under other support schemes.

(4) Without prejudice to the existing common rules for direct support schemes established by Regula-
tion (EC) No 1259/1999 (3), taking into account that the scheme is on a trial basis, it is appropriate
to provide the Commission with the necessary flexibility to implement the scheme. To achieve the
aim of simplification, it may moreover be necessary to derogate, in certain well defined and justified
cases, from the existing rules provided for in the relevant Regulations concerning the support aids as
well as Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated
administration and control system for certain Community aid schemes (4).

(5)

Regulation (EC) No 1259/1999 establishes common rules for direct support schemes under the
common agricultural policy. It is therefore appropriate to amend it to include this simplified scheme.

(1) OJ C 120E, 24.4.2001, p. 146.
(2) Opinion delivered 14 June 2001 (not yet published in the Official Journal).
(3) OJ L 160, 26.6.1999, p. 113.
(4) OJ L 355, 5.12.1992, p. 1. Regulation as last amended by Commission Regulation (EC) No 495/2001 (OJ L 72,

14.3.2001, p. 6).

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(6)

The measures necessary for the implementation of this Regulation should be adopted in accordance
with Council Decision 999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1259/1999 is hereby amended as follows:

1. the following Article shall be inserted:

‘Article 2a

For the calendar years 2002 to 2005 a simplified scheme shall be established under which Member
1.
States may decide that the payments under the following support schemes are made under the
conditions laid down in this Article and the rules adopted for its implementation:

— arable crops area payments including grass silage payment, supplementary amounts, set-aside
payments, durum wheat supplement and special aid, as provided for in Articles 2, 4 and 5 of
Regulation (EC) No 1251/1999 (*),

— grain legumes area aid as provided for in Article 1 of Regulation (EC) No 1577/96 (**),

— rice area aid as provided for in Article 6 of Regulation (EC) No 3072/95 (***),

— special premium, suckler cow premium, including when paid for heifers and including the additional
national suckler cow premium when co-financed, extensification payments as well as additional
payments, when paid in addition to aid provided for under this indent as provided for in Articles 4,
6, 10, 13 and 14 of Regulation (EC) No 1254/1999 (****),

— ewe and she-goat premium and LFA supplements as provided for in Article 5 of Regulation (EC) No

2467/98 (*****).

The Regulations mentioned in the first subparagraph are hereinafter referred to as “the relevant
regulations”.

Participation in the simplified scheme shall be on a voluntary basis. Applicants shall have access to
2.
the scheme if they have received aid under at least one of the support schemes covered by it during each
of the three calendar years preceding the year of application. Farmers receiving early retirement aid
under Regulation (EC) No 1257/1999 may not participate in the scheme.

3.

The amount which a farmer may receive under the scheme shall be the highest of:

(a) the average of the amounts granted under the relevant regulations during the three calendar years

preceding the year of application,

(b) the total amount granted under the relevant regulations in the calendar year preceding the year of

application.

Area aids for flax and hemp, provided for in Article 4 of Regulation (EEC) No 1308/70 (******) shall be
included in the calculation.

In case of application of Article 4 of this Regulation during the reference periods referred to in points (a)
and (b), the amounts referred to in the said points (a) and (b) shall be calculated as the amounts that
would have been granted before application of Article 4.

4.

The amount referred to in paragraph 3 shall be no more than EUR 1 250.

However, applicants who would be entitled to receive higher amounts under the relevant regulations
may choose to enter the simplified scheme if they agree to receive no more than the maximum amount
without prejudice to paragraph 5.

Aid under the simplified scheme shall be paid once a year, starting from the year in which application
for participation in the scheme is made, until 2005.

(1) OJ L 184, 17.7.1999, p. 23.

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5. Member States may decide to apply Article 4 to the simplified scheme.

Applicants will undertake to maintain the land in good agricultural condition. They may use the
for the production of hemp falling within CN Code

6.
land for any agricultural purpose except
5302 10 00.

Member States shall define good agricultural conditions taking into account notably, the measures they
have taken in the application of this Regulation and Article 19(4) of Regulation (EC) No 2316/
1999 (*******).

7. Member States may decide to implement the simplified scheme at national or regional level and to
combine the date of payments under the Simplified Scheme with the date of payment under any other
support scheme.

(*) Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for

producers of certain arable crops (OJ L 160, 26.6.1999, p. 1). Regulation as last amended by
Regulation (EC) No 1038/2001 (OJ L 145, 31.5.2001, p. 16).

(**) Council Regulation (EC) No 1577/96 of 30 July 1996 introducing a specific measure in

respect of certain grain legumes (OJ L 206, 16.8.1996, p. 4). Regulation as last amended by
Regulation (EC) No 811/2000 (OJ L 100, 20.4.2000, p. 1)

(***) Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation

of the market in rice (OJ L 329, 30.12.1995, p. 18). Regulation as last amended by Regulation
(EC) No 1667/2000 (OJ L 193, 29.7.2000, p. 3).

(****) Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation

of the market in beef and veal (OJ L 160, 26.6.1999, p. 21).

(*****) Council Regulation (EC) No 2467/98 of 3 November 1998 on the common organ-

isation of the market in sheepmeat and goatmeat (OJ L 312, 20.11.1998, p. 1). Regulation
as last amended by Regulation (EC) No 1669/2000 (OJ L 193, 29.7.2000, p. 8).

(******) Regulation (EEC) No 1308/70 of the Council of 29 June 1970 on the common

organisation of the market in flax and hemp (OJ L 146, 4.7.1970, p. 1). Regulation as last
amended by Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).
(*******) Commission Regulation (EC) No 2316/1999 of 22 October 1999 laying down

detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a
support system for producers of certain arable crops (OJ L 280, 30.10.1999, p. 43). Regu-
lation as last amended by Regulation (EC) No 946/2001 (OJ L 133, 16.5.2001, p. 8).’;

2. Article 11 shall be replaced by the following:

‘Article 11

Detailed rules

The Commission shall be assisted by the Management Committee for cereals set up by Article
relevant management

1.
23 of Regulation (EC) No 1766/92 (*) or, where appropriate, by other
committees.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall
apply.

3.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.

4.

In accordance with paragraph 2, the Commission shall adopt:

— detailed rules for the application of Article 2a including any derogation from the relevant regula-
tions and Regulation (EEC) No 3508/92 (**), which are necessary to achieve the aim of simplifi-
cation, notably those related to eligibility conditions, dates of application and payment and
control provisions as well as detailed rules in order to avoid double claims in respect of the area
and production covered by the simplified scheme,

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— amendments to the Annex as may become necessary taking into account the criteria set out in

Article 1, and

— where appropriate, detailed rules for the application of this Regulation including,

the measures necessary to avoid Articles 3 and 4 being circumvented, as well as
concerning Article 7.

in particular,
those

(*) Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the

market in cereals (OJ L 181, 1.7.1992, p. 21). Regulation as last amended by Regulation (EC)
No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

(**) Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated

administration and control system for certain Community aid schemes (OJ L 355, 5.12.1992, p.
1). Regulation as last amended by Commission Regulation (EC) No 495/2001 (OJ L 72,
14.3.2001, p. 6).’

This Regulation shall enter into force on the seventh day following that of
Official Journal of the European Communities.

its publication in the

Article 2

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

Done at Luxembourg, 19 June 2001.

For the Council

The President

M. WINBERG