Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001
Date: 2003-09-29
Institutions: Council of the European Union
Subjects: agricultural product, aid system, common agricultural policy, farmers' income, production aid

21.10.2003

EN

Official Journal of the European Union

L 270/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1782/2003

of 29 September 2003

establishing common rules for direct support schemes under the common agricultural policy and
establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93,
(EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC)
No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001

CONTENTS

TITLE I

SCOPE AND DEFINITIONS

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

TITLE II

GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 1

Cross compliance

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

Chapter 2

Modulation and financial discipline

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

Chapter 3

Farm advisory system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4

Integrated administration and control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5

Other general provisions

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

TITLE III

SINGLE PAYMENT SCHEME

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

Chapter 1

General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2

Establishment of the amount

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

Chapter 3

Payment entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1

Payment entitlements based on area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

Payment entitlements subject to special conditions

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

Chapter 4

Land use under the single payment scheme

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

Section 1

Use of the land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

Set-aside entitlements

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

Chapter 5

Regional and optional implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1

Regional implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2

Partial implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3

Optional exclusions

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

Section 4

Optional transition

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

TITLE IV

OTHER AID SCHEMES

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

Chapter 1

Specific quality premium for durum wheat

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

Chapter 2

Protein crop premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

7

8

8

9

10

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13

14

14

15

16

16

18

19

19

19

21

21

23

25

25

26

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26

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Chapter 3

Crop specific payment for rice

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

Chapter 4

Area payment for nuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5

Aid for energy crops

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

Chapter 6

Aid for starch potato . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 7

Dairy premium and additional payments

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

Chapter 8

Specific regional aid for arable crops

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

Chapter 9

Seed aid

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

Chapter 10

Arable crops area payment

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

Chapter 11

Sheep and goat premiums

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

Chapter 12

Beef and veal payments

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

Chapter 13

Grain legumes aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE V

TRANSITIONAL AND FINAL RULES

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

ANNEX I

ANNEX II

List of support schemes fulfilling the criteria set out in Article 1 . . . . . . . . . . . . . . . . . .

National ceilings referred to in Article 12(2)

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

ANNEX III

Statutory management requirements referred to in Articles 3 and 4 . . . . . . . . . . . . . . . .

ANNEX IV

Good agricultural and environmental condition referred to in Article 5 . . . . . . . . . . . . .

ANNEX V

Compatible support schemes referred to in Article 26 . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX VI

List of direct payments in relation to the single payment referred to in Article 33 . . . . .

ANNEX VII

Calculation of the reference amount referred to in Article 37

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

ANNEX VIII

National ceilings referred to in Article 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IX

List of arable crops referred to in Article 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX X

Traditional production zones for durum wheat as referred to in Article 74 . . . . . . . . . . .

ANNEX XI

List of seed species referred to in Article 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Page

27

27

29

29

30

31

31

31

35

37

45

46

53

55

56

58

59

60

61

64

65

66

68

THE COUNCIL OF THE EUROPEAN UNION,

Whereas:

Having regard to the Treaty establishing the European
Community, and in particular Articles 36, 37 and 299(2)
thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Having regard to the Opinion of
Regions (3),

the Committee of

the

(1)

(2)

(1) Opinion delivered on 5 June 2003 (not yet published in the Official

Journal).

(2) OJ C 208, 3.9.2003, p. 64.
(3) Opinion delivered on 2 July 2003 (not yet published in the Official

Journal).

Common conditions should be established for direct
payments under the various income support schemes in
the framework of the common agricultural policy.

to

incorporate

relating to agricultural

The full payment of direct aid should be linked to
compliance with rules
land,
agricultural production and activity. Those rules should
serve
common market
in
organisations basic standards for the environment, food
safety, animal health and welfare and good agricultural
and environmental condition. If those basic standards
are not met, Member States should withdraw direct aid
in whole or in part on the basis of criteria which are
proportionate, objective and graduated. Such withdrawal

the

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L 270/3

should be without prejudice to sanctions laid down now
or in the future under other provisions of Community
or national law.

(8)

(3)

(4)

(5)

should

standards

condition,

In order to avoid the abandonment of agricultural land
and ensure that it is maintained in good agricultural and
environmental
be
established which may or may not have a basis in
therefore
the Member States.
provisions of
appropriate to establish a Community framework within
which Member States may adopt
taking
account of
the areas
including soil and climatic conditions and
concerned,
(land use, crop rotation,
existing farming systems
farming practices) and farm structures.

the specific characteristics of

standards

is

It

Since permanent pasture has a positive environmental
effect, it is appropriate to adopt measures to encourage
the maintenance of existing permanent pasture to avoid
a massive conversion into arable land.

In order to achieve a better balance between policy
tools designed to promote sustainable agriculture and
those designed to promote rural development, a system
of progressive reduction of direct payments should be
introduced on a compulsory Community-wide basis for
the years 2005 to 2012. All direct payments, beyond
certain amounts,
should be reduced by a certain
percentage each year. The savings made should be used
to finance measures under the rural development and
allocated between Member States according to objective
is appropriate to
criteria to be defined. However,
establish that a certain percentage of
the amounts
should remain in the Member States where they have
been generated. Until 2005, Member States may
continue to apply the current modulation on an
optional basis under Council Regulation (EC) No
1259/1999 of 17 May 1999 establishing common rules
common
support
for
agricultural policy (1).

schemes under

direct

the

it

for

the

the amounts
agricultural

the
(6) With a view to ensure that
financing
policy
common
of
(subheading 1a) respect the annual ceilings set in the
financial perspectives, it is appropriate to provide for a
financial mechanism to adjust, where necessary,
the
direct payments. An adjustment of direct support should
be fixed when the forecasts indicate that the subheading
1a, with a security margin of EUR 300 million,
is
exceeded in a given budget year.

(7)

In view of the structure adjustments resulting from the
abolition of rye intervention, it is appropriate to provide
transitional measures for certain rye production
for
regions financed with part of the amounts generated by
modulation.

(1) OJ L 160, 26.6.1999, p. 113. Regulation as amended by Regulation

(EC) No 1244/2001 (OJ L 173, 27.6.2001, p. 1).

States

establish a

comprehensive

to help farmers to meet
it

the standards of
In order
is necessary that
modern, high-quality agriculture,
Member
system
offering advice to commercial farms. The farm advisory
system should help farmers to become more aware of
flows and on-farm processes relating to the
material
food safety, animal health and welfare
environment,
without
in any way affecting their obligation and
responsibility to respect those standards.

(9)

In order
the farm
to facilitate the introduction of
advisory system, it should be provided for a time-period
for Member States to set-up the system. Entry into the
system should be on a voluntary basis for farmers with
a priority for those who receive more than a certain
amount per year in direct payments. Due to its nature
of affording advice to farmers, it is appropriate for the
information obtained in the course of
the advisory
activity to be treated as confidential, except in case of
serious infringements of Community or national law.

(10) Member States must,

in accordance with Article 8 of
Council Regulation (EC) No 1258/1999 of 17 May 1999
on the financing of the common agricultural policy (2),
take the measures necessary to satisfy themselves that
transactions financed by the ‘Guarantee' Section of the
European Agricultural Guidance and Guarantee Fund
(EAGGF) are actually carried out and are executed
correctly, and prevent and deal with irregularities.

(11)

it

In order to improve the effectiveness and usefulness of
the
is
administration and control mechanisms,
necessary to adapt the system established by Council
Regulation (EEC) No 3508/92 of 27 November 1992
establishing an integrated administration and control
system for certain Community aid schemes (3) with a
view to including the single payment
the
support
for durum wheat, protein crops,
energy crops, rice, potato starch, nuts, milk, seed, grain
legumes and specific regional aids as well as controls on
the application of
the rules on cross compliance,
modulation and the farm advisory system. Provision
should be made for the possibility of including, at a
later stage, other aid schemes.

schemes

scheme,

(12)

For the sake of effective control and to prevent the
submission of multiple aid applications to different
paying agencies within one Member State, each Member
State should set up a single system to record the identity
of
farmers submitting aid applications subject to the
integrated system.

(2) OJ L 160, 26.6.1999, p. 103.
(3) 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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Official Journal of the European Union

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(13)

The various components of the integrated system are
aimed at a more effective administration and control.
Therefore,
in the case of Community schemes not
covered by this Regulation, the Member States should
be authorised to avail
the system, on
condition they do not in any way act contrary to the
provisions concerned.

themselves of

(14) Given the complexity of

it

to be processed,

the system and the large
is
number of aid applications
essential to use the appropriate technical resources and
administration and control methods. As a result, the
integrated system should comprise,
in each Member
State, a computerised data base, an identification system
for agricultural parcels, aid applications from farmers, a
harmonised control system and, in the single payment
scheme, a system for the identification and recording of
payment entitlements.

(15)

(16)

(17)

To enable the data collected to be processed and used
for the verification of aid applications, it is necessary to
set up high-performance computerised data bases which
make it possible in particular to carry out cross-checks.

The identification of agricultural parcels is a key element
in the correct application of schemes linked to surface
area. Experience has shown that the existing methods
have certain deficiencies. Therefore, provision should be
made for an identification system to be set up, where
necessary, with the aid of remote sensing.

For the sake of simplification, Member States should be
authorised to make provision for the submission of a
single application for several aid schemes and to replace
the annual application by a permanent application
subject only to annual confirmation.

(18) Member States should be enabled to use amounts which
become available as a result of payment reductions
under modulation for certain additional measures in the
framework of rural development support provided for
under Council Regulation (EC) No 1257/1999 of 17
May 1999 on support for rural development from the
European Agricultural Guidance and Guarantee Fund
(EAGGF) (1).

(19)

(20)

of

cross

compliance

Since the amounts which will become available as a
foreseeable
result
sufficiently far ahead to be used for additional measures
in the framework of rural development support, those
amounts should be credited to the EAGGF ‘Guarantee'
Section, except for a certain percentage which should be
retained by the Member States.

not

are

Payments provided for under Community support
schemes should be made by the competent national
authorities
to any
reductions provided for in this Regulation, and within
prescribed periods.

to beneficiaries

in full,

subject

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

(21)

(22)

(23)

(24)

(25)

(26)

The support schemes under the common agricultural
policy provide for direct income support in particular
with a view to ensuring a fair standard of living for the
agricultural community. This objective is closely related
In order to avoid
to the maintenance of rural areas.
funds, no support
misallocations of Community
payments
to farmers who have
artificially created the conditions required to obtain such
payments.

should be made

schemes have to be adapted to
Common support
time limits.
developments,
support
on
Beneficiaries
be
conditions
prepared for a possible review of schemes in the light of
market developments.

if necessary within short
therefore,
cannot,
unchanged
remaining

should

rely

and

the significant budgetary implications of
In view of
direct payment support and in order to better appraise
their impact, Community schemes should be subject to
a proper evaluation.

of

and

food

quality

competitiveness
promoting

Community
the
Enhancing
and
and
agriculture
environment
standards necessarily entail a drop in
institutional prices for agricultural products and an
increase in the costs of production for agricultural
holdings in the Community. To achieve those aims and
promote more market-oriented
sustainable
it is necessary to complete the shift from
agriculture,
production support to producer support by introducing
a system of decoupled income support for each farm.
While decoupling will leave the actual amounts paid to
it will significantly increase the
farmers unchanged,
income
therefore,
It
effectiveness of
appropriate
farm payment
the
conditional upon cross-compliance with environmental,
food safety, animal health and welfare, as well as the
maintenance of
the farm in good agricultural and
environmental condition.

the
to make

aid.
single

is,

Such a system should combine a number of existing
direct payments received by a farmer from various
schemes in a single payment, determined on the basis of
previous
reference period,
adjusted to take into account the full implementation of
measures introduced in the framework of Agenda 2000
and of the changes to the amounts of aid made by this
Regulation.

entitlements, within a

in

of

the

terms

benefits

administrative
Since
simplification will increase if many sectors are included
the scheme should, in a first stage, cover all products
included in the arable crops regime as well as grain
legumes, seeds, beef and sheep. The revised payments
for rice and durum wheat as well as the payment in the
milk sector once the reform is
fully implemented,
should also be integrated into the scheme. Payments for
starch potatoes and dried fodder should also be included
the
in the
processing industry should be maintained.

separate payments

scheme, while

for

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Official Journal of the European Union

(27)

(28)

(29)

(30)

(31)

Specific measures should be laid down for hemp, to
ensure that illegal crops cannot be hidden among the
crops eligible for the single payment, thereby adversely
affecting the common market organisation for hemp.
Provision should therefore be made for area payments
to be granted only for areas sown to varieties of hemp
offering
the
guarantees with
psychotropic substance content. The references to the
specific measures provided for by Council Regulation
(EC) No 1673/2000 of 27 July 2000 on the common
organisation of the markets in flax and hemp grown for
fibre (1) should be adapted accordingly.

certain

regard

to

coupled
the

to leave farmers free to choose what

In order
to
produce on their land, including products which are still
increasing market
under
be
orientation,
conditional on production of any specific product.
However, in order to avoid distortions of competition
some products should be excluded from production on
eligible land.

thus
payment

support,
single

should

not

entitled under

the new scheme,

In order to establish the amount to which a farmer
is
should be
appropriate to refer to the amounts granted to him
during a reference period. To take account of specific
situations, a national reserve should be established. That
reserve may also be used to facilitate the participation
of new farmers in the scheme. The single payment
should be established at farm level.

it

The overall amount to which a farm is entitled should
be split into parts (payment entitlements) and linked to
a certain number of eligible hectares to be defined, in
order to facilitate transfer of the premium rights. To
avoid speculative transfers leading to the accumulation
entitlements without
of payment
corresponding
agricultural basis,
it is appropriate to
in granting aid,
provide for a link between entitlements and a certain
number of eligible hectares, as well as the possibility of
limiting the transfer of entitlements within a region.
Specific provisions should be laid down for aid not
directly linked to an area taking into account
the
peculiar situation of sheep and goat rearing.

a

total

exceed

current

support

that
do

level of

the
not

To ensure
and
budgetary
entitlements
constraints at Community or national level and, where
applicable, at regional level, it is appropriate to provide
for national ceilings calculated as the sum of all funds
granted in each Member State for the payment of aids
the
under
support
later
reference

schemes, during

relevant

account

period

taking

into

and

the

(1) OJ L 193, 29.7.2000, p. 16. Regulation as amended by Commission

Regulation (EC) No 651/2002 (OJ L 101, 17.4.2002, p. 3).

(32)

(33)

(34)

(35)

(36)

adjustments.
applicable if the ceiling is overshot.

Proportional

reductions

L 270/5

should

be

In order to maintain the supply control benefits of
set-aside, while reinforcing its environmental benefits
under
set-aside
conditions for arable land should be maintained.

the new system of

support,

the

In order
to allow flexibility to respond to specific
situations, Member States should have the option to
define a certain balance between individual payment
entitlements and regional or national averages and
between existing payments and the single payment. A
specific derogation to the prohibition on cultivating
fruits and vegetables including table potatoes should be
provided for avoiding that in case of regionalisation this
does not lead to a disruption of the production whilst
minimizing any effect on distortion of competition.
Moreover, in order to take into account its agricultural
specific conditions, it is appropriate to provide for the
possibility for a Member State to ask for a transitional
period to implement the single payment scheme while
continuing to respect the budgetary ceilings fixed for
the single payment scheme. In case of severe distortions
of competition during the transitional period and in
order
the Community
to ensure
the
it
international obligations,
Commission can take the necessary measures to cope
with such situations.

is appropriate that

respect of

the

implementation,

In case of optional or transitional
in
order to protect the legitimate expectations of farmers,
it is appropriate to fix a date before which Member
States have to take their decision to apply the single
payment scheme. Moreover, to ensure the continuation
of
for
entitlement to aid should be established, leaving to the
Commission the powers to lay down the implementing
rules.

conditions

regimes,

current

certain

the

in

traditional

to maintain the

role of durum wheat
In order
production
area while
production
strengthening the granting of the aid to durum wheat
respecting certain minimum quality requirements,
it is
appropriate to reduce, over a transitional period, the
current
in
traditional areas and to abolish the special aid in
established areas. Only cultivation which produces
durum wheat suitable for use in the manufacture of
semolina and pasta products should be eligible for that
aid.

for durum wheat

supplement

specific

it

is

crops,

In order to strengthen the role of protein-rich crops and
to provide an incentive to increase the production of
these
a
appropriate
to provide
for farmers producing these
supplementary payment
crops. To ensure a correct application of
the new
scheme, certain conditions for entitlement to aid should
be established. A maximum guaranteed area should be
prescribed and proportional reductions applied if the
maximum guaranteed area is exceeded.

for

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Official Journal of the European Union

21.10.2003

(37)

In order to maintain the role of rice production in
traditional production areas, it is appropriate to provide
for a supplementary payment
for rice producers. To
ensure a correct application of the new scheme, certain
conditions for entitlement to aid should be established.
National base areas should be established and reductions
applied if the areas are exceeded.

(38) New support

should

for nuts

arrangements

be
established to avoid the potential disappearance of nut
production in traditional areas and the subsequent
negative environmental,
social and economic
rural,
consequences. To ensure a correct application of the
new arrangements, certain conditions for entitlement to
including a minimum tree
aid should be established,
density and plot size.
In order to cater for specific
needs, Member States should be entitled to provide
additional aid.

(39)

(40)

(41)

To avoid budgetary overshoot, a maximum guaranteed
area should be prescribed and proportional reductions
applied if the maximum guaranteed area is exceeded,
concentrated in Member States which overshoot their
area. To ensure balanced application throughout
the
Community, this area should be allocated in proportion
to areas of nut production in Member States. The
Member States should be responsible for allocating the
areas within
to
improvement plans should not be eligible for aid under
the new scheme until the plan has expired.

territory. Areas

subject

their

In order to capitalise on the success of improvement
plans in regrouping supply, Member States may make
entitlement
aid
conditional on membership of producer organisations.
To avoid disruption, a smooth transition must be
ensured to the new scheme.

aid and national

to Community

the

largest

account

for energy crops consists of

the
Currently, support
possibility to grow industrial crops on set-aside land.
Energy crops
amount of
for
non-food production on set-aside land. Specific aid for
energy crops with the objective of increasing carbon
dioxide substitution should be established. A maximum
guaranteed area should be prescribed and proportional
reductions applied if the maximum guaranteed area is
exceeded. The arrangements should be reviewed after a
the
taking
prescribed
implementation of the Community biofuels initiative.

account

period

into

(42)

In order to maintain starch production in traditional
areas of production and to recognise the role of potato
production in the agronomic cycle, it is appropriate to
provide for a supplementary payment for potato starch
producers. Moreover, in so far as the payment system
for starch potato producers is to be partially included in

the single payment scheme, Council Regulation (EC) No
1868/94 of 27 July 1994 establishing a quota system in
relation to the production of potato starch (1) should be
amended.

The inclusion of arable crops, beef and sheep extends
the single payment scheme to premiums which are paid
in the outermost regions and Aegean islands, in order
to achieve further simplification and to avoid leaving in
place a legal and administrative framework for a limited
number of farmers in those areas. However, in order to
maintain the role of certain type of production in these
regions of the Community, it is appropriate to provide
that Member States may decide that
they need not
include those payments in the single payment scheme.
The same possibility should apply to the supplementary
payments in certain regions of Sweden and Finland as
well as to seed aid. In this cases, the continuation of the
that certain conditions for
current
entitlement to aid shall be established,
leaving to the
Commission the powers to lay down the implementing
rules.

regimes requires

for

arable

In order to facilitate the transition between the current
and livestock
regimes
premiums and the new single payment scheme,
it is
appropriate to provide for some adaptations to the
current direct payments in those sectors.

crops payments

(43)

(44)

(45) Agricultural activity in the Azores is highly dependent
on milk production. It thus is advisable to renew and
extend the measures taken in Article 23 of Regulation
(EC) No 1453/2001 of 28 June 2001 introducing
specific measures for certain agricultural products for
the Azores and Madeira (2) and to derogate for a period
of six marketing years in total beginning in 1999/2000
common market
from certain provisions of
organisation for milk and milk products as regard of
limitation of production in order to take account of the
level of development of and the conditions for local
this
production. Over
measure should enable the sector in the Azores to
continue being restructured without interfering with the
milk market and without appreciably affecting the
sound working of the levy scheme at Portuguese or
Community level.

its application,

the period of

the

(46)

The application of the single farm payment scheme will
de facto imply that the conversion programme of land
currently under arable crops
to extensive livestock
farming in Portugal
laid down in Regulation (EC) No
1017/94 (3) becomes without object. Regulation (EC) No

(1) OJ L 197, 30.7.1994, p. 4. Regulation as

last amended by

Regulation (EC) No 962/2002 (OJ L 149, 7.6.2002, p. 1).

(2) OJ L 198, 21.7.2001, p. 26.
(3) OJ L 112, 3.5.1994, p. 2. Regulation as last amended by Regulation

(EC) No 2582/2001 (OJ L 345, 29.12.2001, p. 5).

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1017/94 should therefore be repealed by the entry into
force of the single payment scheme.

(47) As a result of

the aforementioned changes and new
provisions, Council Regulations (EEC) No 3508/92, (EC)
No 1577/96 of 30 July 1996 introducing a specific
measure in respect of certain grain legumes (1) and (EC)
No 1251/1999 of 17 May 1999 establishing a support
system for producers of certain arable crops (2) should
be repealed. Regulation (EC) No 1259/1999 should also
be repealed, except some provisions which provide for
specific temporary and optional regimes.

(48)

The specific provisions concerning direct payments in
Council Regulations (EEC) No 2358/71 of 26 October
1971 on the common organisation of the market in
seeds (3), No 2019/93 of 19 July 1993 introducing
smaller Aegean islands
specific measures
the
for
concerning certain agricultural products (4),
(EC) No
1254/1999 of 17 May 1999 on the
common
organisation of the market in beef and veal (5), (EC) No
1452/2001 of 28 June 2001 introducing specific
measures for certain agricultural products for the French

introducing

specific measures

overseas departments (6), (EC) No 1454/2001 of 28 June
2001
certain
agricultural products for the Canary Islands (7) and (EC)
No 2529/2001 of 19 December 2001 on the common
organisation
and
goatmeat (8) have effectively lost their substance and
should therefore be deleted.

the market

sheepmeat

for

of

in

the fact

(49) At the time of entry into force of this regulation, the
Community consists of 15 Member States. Taking into
account
that, according to the Treaty of
Accession of 2003, the accession of the new Member
States is to take place on 1 May 2004, this Regulation
should be adapted, by the date of accession, according
to the procedures provided for by that Treaty, in order
to make it applicable to the new Member States.

(50)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (9),

HAS ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Scope

Article 2

Definitions

This Regulation establishes:

For the purposes of this Regulation, the following definitions
shall apply:

— common rules on direct payments under income support
the common agricultural
schemes in the framework of
policy which are financed by the ‘Guarantee' Section of the
European Agricultural Guidance
and Guarantee Fund
(EAGGF), except those provided for under Regulation (EC)
No 1257/1999;

(a)

‘farmer' means a natural or legal person, or a group of
natural or legal persons, whatever legal status is granted to
the group and its members by national law, whose holding
is situated within Community territory, as referred to in
Article 299 of
an
agricultural activity,

and who exercises

the Treaty,

— an income support for farmers (hereinafter referred to as

the ‘single payment scheme');

— support schemes for

farmers producing durum wheat,
protein crops, rice, nuts, energy crops, starch potatoes,
milk, seeds, arable crops, sheep meat and goat meat, beef
and veal and grain legumes.

(1) 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).

(2) 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).

(3) OJ L 246, 5.11.1971, p. 1. Regulation as

last amended by

Regulation (EC) No 154/2002 (OJ L 25, 29.1.2002, p. 18).

(4) OJ L 184, 27.7.1993, p. 1 (OJ L 68, 12.3.2002, p. 4). Regulation as

last amended by Regulation (EC) No 442/2002.

(b)

‘holding' means all the production units managed by a
farmer situated within the territory of the same Member
State,

(c)

rearing or
‘agricultural activity' means the production,
including harvesting,
growing of agricultural products
milking, breeding animals and keeping animals for farming
purposes, or maintaining the land in good agricultural and
environmental condition as established under Article 5,

(6) OJ L 198, 21.7.2001, p. 11.
(7) OJ L 198, 21.7.2001, p. 45. Regulation as last amended by
L 293,

Commission Regulation (EC) No 1922/2002 (OJ
29.10.2002, p. 11).

(5) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by

Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(8) OJ L 341, 22.12.2001, p. 3.
(9) OJ L 184, 17.7.1999, p. 23.

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(d)

‘direct payment' means a payment granted directly to
farmers under an income support scheme listed in Annex
I,

all payments in respect of other periods starting in that
calendar year/years,

(e)

‘payments in a given calendar year' or ‘payments in the
reference period' means the payments granted or to be
granted in respect of the year/years concerned, including

(f)

‘agricultural products' means the products listed in Annex I
of the Treaty, including cotton, but with the exception of
fishery products.

TITLE II

GENERAL PROVISIONS

CHAPTER 1

CROSS COMPLIANCE

Article 3

Main requirements

the
A farmer receiving direct payments shall respect
1.
statutory management requirements referred to in Annex III,
according to the timetable fixed in that Annex, and the good
agricultural and environmental condition established under
Article 5.

2.
The competent national authority shall provide the
farmer with the list of statutory management requirements and
good agricultural and environmental condition to be respected.

Article 4

Statutory management requirements

1.
The statutory management requirements referred to in
Annex III shall be established by Community legislation in the
following areas:

— public, animal and plant health,

— environment,

— animal welfare.

2.
The acts referred to in Annex III shall apply within the
framework of this Regulation in the version as amended from
time to time and, in case of Directives, as implemented by the
Member States.

framework set up in Annex IV, taking into account the specific
including soil and
characteristics of
the areas concerned,
land use, crop
climatic condition, existing farming systems,
rotation,
is
without prejudice to the standards governing good agricultural
practices as applied in the context of Council Regulation (EC)
No 1257/1999 and to agri-environment measures applied
above the reference level of good agricultural practices.

farming practices, and farm structures. This

2. Member States shall ensure that land which was under
permanent pasture at
the area aid
applications for 2003 is maintained under permanent pasture.

the date provided for

However a Member State may, in duly justified circumstances,
derogate from the first subparagraph, provided that it takes
action to prevent
total
permanent pasture area.

any significant decrease

in its

first

apply to land under
The
subparagraph shall not
permanent pasture to be afforested,
if such afforestation is
compatible with the environment and with the exclusion of
plantations of Christmas
trees and fast growing species
cultivated in the short term.

Article 6

Reduction or exclusion from payments

1. Where the statutory management requirements or good
agricultural and environmental condition are not complied
with, as a result of an action or omission directly attributable
to the individual farmer, the total amount of direct payments
to be
the
non-compliance occurs, and after application of Articles 10
and 11, shall be reduced or cancelled in accordance with the
detailed rules laid down under Article 7.

in which

calendar

in the

granted

year

Article 5

Good agricultural and environmental condition

The reductions or exclusions referred to in paragraph 1

2.
shall only apply if the non-compliance relates to:

land,
1. Member States shall ensure that all agricultural
especially land which is no longer used for production
and
purposes,
in
environmental
at
level, minimum requirements for good
national or regional
agricultural and environmental condition on the basis of the

agricultural
shall define,

condition. Member States

is maintained

good

(a) an agricultural activity, or

(b) an agricultural land of the holding, including the parcels

on set aside.

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Article 7

Detailed rules for reduction or exclusion

Detailed rules for the reductions and exclusions referred
1.
to in Article 6 shall be laid down in accordance with the
procedure referred to in Article 144(2).
In this context,
account shall be taken of the severity, extent, permanence and
repetition of
the
criteria set out in paragraphs 2, 3 and 4 of this Article.

the non-compliance found as well as of

2.
In case of negligence, the percentage of reduction shall
not exceed 5 % and, in case of repeated non-compliance, 15 %.

3.
In case of intentional non-compliance, the percentage of
reduction shall not in principle be less than 20 % and may go
as far as total exclusion from one or several aid schemes and
apply for one or more calendar years.

In any case,

4.
reductions and
exclusions for one calendar year shall not be more than the
total amount referred to in Article 6(1).

total amount of

the

Article 8

Review

By 31 December 2007 at the latest, the Commission shall
submit a report on the application of the system of cross
appropriate
if
compliance
proposals notably with the view of amending the list of
statutory management requirements set out in Annex III.

accompanied,

necessary,

by

Article 9

Amounts resulting from cross compliance

The amount resulting from the application of this Chapter
shall be credited to the EAGGF ‘Guarantee' Section. Member
State may retain 25 % of those amounts.

CHAPTER 2

MODULATION AND FINANCIAL DISCIPLINE

Article 10

Modulation

1.
All the amounts of direct payments to be granted in a
given calendar year to a farmer in a given Member State shall
be reduced for each year until 2012 by the following
percentages:

— 2005: 3 %,

— 2006: 4 %,

— 2007: 5 %,

— 2008: 5 %,

— 2009: 5 %,

— 2010: 5 %,

— 2011: 5 %,

— 2012: 5 %.

2.
The amounts resulting from application of the reductions
provided for in paragraph 1, after deducting the total amounts
referred to in Annex II,
shall be available as additional
for measures under rural development
Community support
programming financed under the EAGGF ‘Guarantee' Section
according to Regulation (EC) No 1257/1999.

The amount corresponding to one percentage point shall
3.
be allocated to the Member State where the corresponding
amounts have been generated. The remaining amounts shall be
allocated to the Member States concerned in accordance with
the procedure referred to in Article 144(2) on the basis of the
following criteria:

— agricultural area,

— agricultural employment,

— gross domestic product

(GDP) per capita in purchasing

power.

However, any Member State shall receive at least 80 % of the
total amounts which the modulation has generated in that
Member State.

4.
By way of derogation from the second subparagraph of
paragraph 3, if in a Member State the proportion of rye as
part of its total cereal production exceeded 5 % on average
during the period 2000-2002 and its proportion of the total
Community production of rye exceeded 50 % during the same
period, at least 90 % of the amounts which the modulation
generated in the Member State concerned shall be reallocated
to that Member State, until 2013 included.

In such a case, without prejudice to the possibility provided for
by Article 69, at least 10 % of the amount allocated to the
Member State concerned shall be available for measures
referred to in paragraph 2 of this Article in rye producing
regions.

For the purpose of this paragraph,
referred to in Annex IX.

‘cereals' mean the cereals

5.
Paragraph 1 shall not apply to direct payments granted
to farmers in the French overseas departments, in the Azores
and Madeira, in the Canary and Aegean islands.

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Article 11

Financial discipline

1.
Starting with the budget 2007, with a view to ensuring
that the amounts for the financing of the common agricultural
policy currently under subheading 1a (market measures and
direct aids) respect the annual ceilings set out in the Decision
of the Representatives of the Governments of the Member
States, meeting within the Council on 18 November 2002,
concerning the Conclusions of the European Council meeting
in Brussels on 24 and 25 October 2002, an adjustment of the
direct payments shall be fixed when the forecasts indicate that
the amounts foreseen under subheading 1a taking into account
a margin of EUR 300 million below the amounts foreseen and
before application of modulation provided for in Article 10(2),
will be exceeded in a given budget year. This is without
prejudice to the financial perspectives for 2007-2013.

The Council, on a Commission's proposal presented not
2.
later than 31 March of the calendar year in respect of which
the adjustments referred to in paragraph 1 apply, shall fix
these adjustments at latest by 30 June of the calendar year in
respect of which the adjustments apply.

Article 12

Additional amount of aid

An additional amount of aid shall be granted to farmers

1.
receiving direct payments under this Regulation.

The additional amount of aid shall be equal to the amount
resulting from the application of the percentages of reduction
for that calendar year under Article 10 to the first EUR 5 000
or less of direct payments.

2.
The total additional amounts of aid which may be
granted in a Member State in a calendar year shall not be
higher than the ceilings set out in Annex II. Where necessary,
Member States shall proceed to a linear percentage adjustment
of additional amounts of aid in order to respect the ceilings set
out in Annex II.

The additional amount of aid shall not be subject to the

3.
reductions referred to in Article 10.

Starting with the budget 2007,

4.
in
accordance with the procedure referred to in Article 144(2),
shall review the ceilings set out in Annex II in order to take
into account structural changes of the holdings.

the Commission,

CHAPTER 3

FARM ADVISORY SYSTEM

Article 13

Farm advisory system

referred to as the ‘farm advisory system') operated by one or
more designated authorities or by private bodies.

The advisory activity shall cover at least the statutory
requirements and the good agricultural and

2.
management
environmental condition referred to in Chapter I.

Article 14

Conditions

Farmers may participate in the farm advisory system on

1.
a voluntary basis.

2. Member States shall give priority to the farmers who
receive more that EUR 15 000 of direct payments per year.

Article 15

Obligations of approved private bodies and designated
authorities

legislation concerning public
Without prejudice to national
access to documents, Member States shall ensure that private
bodies and designated authorities referred to in Article 13 do
not disclose personal or individual information and data they
obtain in their advisory activity to persons other than the
any
holding
farmer managing
irregularity or infringement found during their activity which
is covered by an obligation laid down in Community or
national law to inform a public authority, in particular in case
of criminal offences.

concerned,

except

the

Article 16

Review

By 31 December 2010 at the latest, the Commission shall
the farm advisory
submit a report on the application of
system, accompanied,
if necessary, by appropriate proposals
with a view of rendering it compulsory.

CHAPTER 4

INTEGRATED ADMINISTRATION AND CONTROL SYSTEM

Article 17

Scope

By 1 January 2007, Member States shall set up a system
1.
of advising farmers on land and farm management (hereinafter

Each Member State shall set up an integrated administration
and control system, hereinafter referred to as the ‘integrated
system'.

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The integrated system shall apply to the support schemes
established under Titles III and IV of this Regulation and under
Article 2a of Regulation (EC) No 1259/1999.

extent necessary,

To the
to the
it
administration and control of the rules laid down in Chapters
1, 2 and 3.

also apply

shall

Article 18

Elements of the integrated system

The integrated system shall comprise the following

1.
elements:

(a) a computerised data base,

(b) an identification system for agricultural parcels,

(c) a system for the identification and registration of payment

entitlements as referred to in Article 21,

(d) aid applications,

(e) an integrated control system,

(f) a single system to record the identity of each farmer who

submits an aid application.

2.
In case of application of Articles 67, 68, 69, 70 and 71,
the integrated system shall comprise a system of identification
and registration of animals set up in accordance with Directive
92/102/EEC (1) and Regulation (EC) No 1760/2000 (2).

references. Use

be made of
cartographic
other
computerised geographical
information system techniques
including preferably aerial or spatial orthoimagery, with an
homogenous standard guaranteeing accuracy at least equivalent
to cartography at a scale of 1:10 000.

shall

Article 21

System for the identification and registration of payment
entitlements

The system for

1.
the identification and registration of
payment entitlements shall be set up allowing verification of
entitlements and cross-checks with the aid applications and the
identification system for agricultural parcels.

This

system shall

2.
immediate
consultation, through the competent authority of the Member
State, of
the previous three
the data relating to at
consecutive calendar and/or marketing years.

allow direct

least

and

Article 22

Aid applications

Each year, a farmer shall submit an application for direct
indicating, where

1.
payments subject to the integrated system,
applicable:

Article 19

Computerised data base

— all agricultural parcels of the holding,

— the number and amount of payment entitlements,

The computerised data base shall

1.
agricultural holding, the data obtained from aid applications.

record,

for each

This data base shall, in particular, allow direct and immediate
consultation, through the competent authority of the Member
State, of the data relating to the calendar and/or marketing
years starting from the year 2000.

2.
The Member States may set up decentralised data bases
on condition that these, and the administrative procedures for
recording and accessing data, are designed homogeneously
the Member State and are
throughout
compatible with one another in order to allow cross-checks.

the territory of

— any other information provided for by this Regulation or

by the Member State concerned.

A Member State may decide that

to contain only changes with respect

the aid application
2.
to the aid
needs
application submitted the previous year. A Member State shall
distribute pre-printed forms based on the areas determined in
the previous year and supply graphic material indicating the
location of those areas.

3.
A Member State may decide that a single aid application
shall cover several or all support schemes listed in Annex I or
other support schemes.

Article 20

Identification system for agricultural parcels

Article 23

shall be
The identification system for agricultural parcels
established on the basis of maps or land registry documents or

Verification of eligibility conditions

(1) OJ L 355, 15.12.1992, p. 32. Directive as amended by the 1994

Act of Accession.

(2) OJ L 204, 11.8.2000, p. 1.

1. Member States shall carry out administrative checks on
the aid applications including a verification of the eligible area
and the corresponding payment entitlements.

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Administrative checks shall be supplemented by a system
2.
of on-the-spot checks to verify eligibility for the aid. For this
purpose, Member States shall draw up a sampling plan of
agricultural holdings.

Article 26

Compatibility

Member States may use remote sensing techniques as a means
to carry out on-the-spot checks on agricultural parcels.

Each Member

an authority
3.
responsible for coordinating the checks provided for in this
Chapter.

designate

State

shall

Where the Member State provides for the delegation of some
aspects of the work to be carried out under this Chapter to
specialised agencies or firms, the designated authority shall
retain control over, and responsibility for, that work.

Article 24

Reductions and exclusions

1. Without prejudice to reductions and exclusions provided
for in Article 6 of this Regulation, where it is found that the
farmer does not comply with the eligibility conditions relevant
to the granting of the aid as provided for in this Regulation or
by Article 2a of Regulation (EC) No 1259/1999, the payment
or part of the payment granted or to be granted for which the
conditions of eligibility have been meet shall be subject to
reductions and exclusions to be laid down in accordance with
the procedure referred to in Article 144(2) of this Regulation.

For the purpose of applying the support schemes listed in
Annex V, Member States shall ensure that the administration
are
and control procedures
compatible with the integrated system in the
following
respects:

applied to these

schemes

(a)

the computerised data base;

(b) the identification systems for agricultural parcels;

(c) administrative checks.

To this end, these systems shall be set up so as to allow,
without any problems or conflicts, a common functioning of,
or the exchange of data between, them.

Member States may, for the purposes of applying Community
or national support schemes other than those listed in Annex
V, incorporate in their administration and control procedures
one or more components of the integrated system.

Article 27

Information and checks

The percentage of reduction shall be graduated according
2.
to the severity, extent, permanence and repetition of
the
non-compliance found and may go as far as total exclusion
from one or several aid schemes for one or more calendar
years.

The Commission shall be kept regularly informed of the

1.
application of the integrated system.

It shall organise exchanges of views on this subject with the
Member States.

Article 25

Controls on cross compliance

After informing the competent authorities concerned in
appointed by the

authorised representatives

2.
good time,
Commission may carry out:

1. Member States shall carry out on-the-spot-checks to
verify whether
the farmer complies with the obligations
referred to in Chapter 1.

existing
States may make use of
2. Member
administration and control systems to ensure compliance with
the statutory management requirements and good agricultural
and environmental condition referred to in Chapter 1.

their

These systems, and notably the system for identification and
registration of animals set up in accordance with Directive
92/102/EEC and Regulation (EC) No 1760/2000, shall be
this
compatible, within the meaning of Article 26 of
Regulation, with the integrated system.

— any examination or control relating to the measures taken
the integrated

in order to establish and to implement
system,

— checks at the specialised agencies and firms referred to in

Article 23(3).

Officials of the Member State concerned may take part in such
checks. The aforementioned powers to carry out checks shall
not affect the application of national
law provisions which
reserve certain acts for officials specifically designated by
national law. The authorised representatives appointed by the
Commission shall in particular not participate in home visits
to or the formal interrogation of suspects under the national
law of the Member State. They shall, however, have access to
the information obtained thereby.

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3. Without prejudice to the responsibilities of the Member
States for the implementation and application of the integrated
system, the Commission may seek the assistance of specialised
bodies or persons in order to facilitate the establishment,
monitoring and utilisation of
in
particular with a view to providing the competent authorities
of
the Member States with technical advice, should they
request it.

integrated system,

the

CHAPTER 5

OTHER GENERAL PROVISIONS

Article 28

Payment

Save as otherwise provided for

1.
in this Regulation,
payments under support schemes listed in Annex I shall be
made in full to the beneficiaries.

Payments shall be made once a year within the period

2.
from 1 December to 30 June of the following calendar year.

However, the additional amount of aid provided for in Article
12 shall be paid by 30 September at the latest of the calendar
year following the calendar year concerned.

By way of derogation from paragraph 2 of this Article
3.
and in accordance with the procedure referred to in Article
144(2), the Commission may:

(a) extend the date of payment for the payments provided for
in Article 5(1) of Regulation 136/66/EEC of the Council of
22 September 1966 on the establishment of a common
organisation of the market in oils and fats (1);

(b) provide for advances;

— of up to 50 % of the payments,

or

— of up to 80 % of the payments in case advances have

already been provided for.

Article 29

Restriction of payment

Without prejudice to any specific provisions in individual
support schemes, no payment shall be made in favour of
beneficiaries for whom it is established that they artificially
created the conditions required for obtaining such payments
with a view to obtaining an advantage contrary to the
objectives of that support scheme.

Article 30

Review

Support schemes listed in Annex I shall be applied without
prejudice to possible review at any moment in the light of
market developments and the budgetary situation.

Article 31

Evaluation

In order to gauge their effectiveness, payments under support
to evaluation
schemes listed in Annex I shall be subject
to their
designed to appraise their
objectives and to analyse their effects on the relevant markets.

impact with respect

Article 32

Interventions under Regulation (EC) No 1258/1999

(c) authorise the Member States, subject

to the budgetary
situation, to pay prior to 1 December advances in regions
where, due to exceptional conditions, farmers face severe
financial difficulties:

The support schemes listed in Annex I shall be considered as
‘intervention' as referred to in Article 1(2)(b) and Article 2(2)
of Regulation (EC) No 1258/1999.

(1) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by

Regulation (EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4).

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TITLE III

SINGLE PAYMENT SCHEME

CHAPTER 1

GENERAL PROVISIONS

Article 33

Eligibility

(a)

the amount referred to in Chapter 2 (hereinafter referred
to as the ‘reference amount');

(b) the number of hectares referred to in Article 43;

(c)

the number and value of payment entitlements as defined
in Chapter 3.

Farmers shall have access to the single payment scheme

2.
Farmers shall apply to the single payment scheme by a
date, to be fixed by Member States, but not later than 15 May.

1.
if:

(a)

they have been granted a payment in the reference period
referred to in Article 38 under at least one of the support
schemes referred to in Annex VI, or

(b) they have received the holding or part of the holding, by
way of actual or anticipated inheritance, by a farmer who
met the conditions referred to in point (a), or

(c)

they have received a payment entitlement
national reserve or by transfer.

from the

In case the farmer who has been granted a direct
2.
payment in the reference period changes his legal status or
denomination in that period or not later than 31 December of
the year preceding the year of application of
the single
payment scheme, he shall have access to the single payment
scheme under the same conditions as the farmer originally
managing the holding.

3.
In case of mergers during the reference period or not
later than 31 December of the year preceding the year of
application of
farmer
single payment
managing the new holding shall have access to the single
payment scheme under the same conditions as the farmers
managing the original holdings.

scheme,

the

the

In case of scissions during the reference period or not later
the year preceding the year of
than 31 December of
application of
farmers
scheme,
single payment
managing the holdings shall have access, pro rata, to the single
payment scheme under the same conditions as the farmer
managing the original holding.

the

the

However, the Commission, in accordance with the procedure
referred to in Article 144(2), may allow the date of 15 May to
be postponed in certain zones where exceptional climatic
conditions render the normal dates inapplicable.

Except

in case of

force majeure

3.
and exceptional
circumstances within the meaning of Article 40(4), no
entitlements shall be allocated to farmers referred to in Article
33(1)(a)
and to those who receive payment
entitlements from the national reserve, if they do not apply to
the single payment scheme by 15 May of the first year of
application of the single payment scheme.

and (b)

The amounts corresponding to those entitlements not allocated
shall revert to the national reserve referred to in Article 42
and shall be available for reallocation by a date to be fixed by
the Member State but not later than 15 August of the first year
of application of the single payment scheme.

Article 35

Double claims

The area corresponding to the number of eligible hectares as
defined in Article 44(2) in respect of which a single payment
application is submitted may be the subject of an application
for any other direct payment as well as for any other aid not
covered by this Regulation, save as otherwise provided.

Article 34

Application

Article 36

Payment

The first year of application of

1.
the single payment
scheme, the competent authority of the Member State shall
send an application form to the farmers referred to in Article
33(1)(a) indicating:

1.
Aid under the single payment scheme shall be paid in
respect of payment entitlements as defined in Chapter 3,
accompanied by an equal number of eligible hectares as
defined in Article 44(2).

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2. Member States may decide to combine payments under
the single payment scheme with payments under any other
support scheme.

CHAPTER 2

ESTABLISHMENT OF THE AMOUNT

Article 37

Calculation of the reference amount

1.
The reference amount shall be the three-year average of
the total amounts of payments, which a farmer was granted
under the support schemes referred to in Annex VI, calculated
and adjusted according to Annex VII, in each calendar year of
the reference period referred to in Article 38.

By way of derogation from paragraph 1, when a farmer
2.
commences an agricultural activity in the reference period, the
average shall be based on the payments he was granted in the
calendar year or years during which he
exercised the
agricultural activity.

Article 38

Reference period

The reference period shall comprise the calendar years 2000,
2001 and 2002.

Article 39

Application of modulation and cross-compliance laid
down under Regulation (EC) No 1259/1999

In case of application of Articles 3 and 4 of Regulation (EC)
No 1259/1999 during the reference period,
the amounts
referred to in Annex VII shall be those that would have been
granted before application of the said Articles.

Article 40

Hardship cases

If the whole reference period was affected by the case of
2.
force majeure or exceptional circumstances, the Member State
shall calculate the reference amount on the basis of the 1997
to 1999 period. In this case, paragraph 1 shall apply mutatis
mutandis.

3.
A case of force majeure or exceptional circumstances,
with relevant evidence to the satisfaction of the competent
authority, shall be notified by the farmer concerned in writing
to the authority within a deadline to be fixed by each Member
State.

Force majeure or exceptional circumstances

4.
shall be
recognised by the competent authority in cases such as, for
example:

(a)

the death of the farmer;

(b)

long-term professional incapacity of the farmer;

(c) a severe natural disaster gravely affecting the holding's

agricultural land;

(d) the accidental destruction of

livestock buildings on the

holding;

(e) an epizootic affecting part or all of the farmer's livestock.

5.
Paragraphs 1, 2 and 3 of this Article shall apply, mutatis
mutandis, to farmers who, during the reference period, were
under
to
according
Regulations (EEC) No 2078/92 (1) and (EC) No 1257/1999.

agri-environmental

commitments

In the case where the commitments covered both the reference
period and the period referred to in paragraph 2 of
this
Article, Member States shall establish, according to objective
criteria and in such a way as to ensure equal
treatment
between farmers and to avoid market and competition
distortions, a reference amount in accordance with the detailed
rules to be laid down by the Commission in accordance with
the procedure referred to in Article 144(2).

Article 41

Ceiling

For each Member State,

the reference
1.
amounts shall not be higher than the national ceiling referred
to in Annex VIII.

the sum of

1.
By way of derogation from Article 37, a farmer whose
production was adversely affected during the reference period
force majeure or exceptional circumstances
by a case of
occurring before or during that reference period shall be
entitled to request that the reference amount be calculated on
the basis of the calendar year or years in the reference period
force majeure or exceptional
not affected by the case of
circumstances.

2. Where necessary, a Member State shall proceed to a
linear percentage reduction of the reference amounts in order
to ensure respect of its ceiling.

(1) OJ L 215, 30.7.1992, p. 85. Regulation repealed by Regulation (EC)

No 1257/1999 (OJ L 160, 26.6.1999, p. 80).

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Article 42

National reserve

1. Member States shall, after any possible reduction under
Article 41(2), proceed to a linear percentage reduction of the
reference amounts in order to constitute a national reserve.
This reduction shall not be higher than 3 %.

2.
The national reserve shall further include the difference
between the ceiling referred to in Annex VIII and the sum of
the reference amounts to be granted to farmers under the
single payment scheme, before the reduction referred to in
paragraph 1 second sentence.

3. Member States may use the national reserve to grant, in
priority, reference amounts to farmers who commence their
agricultural activity after 31 December 2002, or in 2002 but
without receiving any direct payment in that year, according to
objective criteria and in such a way as to ensure equal
treatment between farmers
and
competition distortions.

and to avoid market

4. Member States shall use the national reserve for the
purpose of establishing, according to objective criteria and in
such a way as to ensure equal treatment between farmers and
reference
to avoid market
amounts for farmers finding themselves in a special situation,
to be defined by the Commission in accordance with the
procedure referred to in Article 144(2).

and competition distortions,

5. Member States may use the national reserve for the
purpose of establishing, according to objective criteria and in
such a way as to ensure equal treatment between farmers and
reference
to avoid market
amounts for farmers in areas subject to restructuring and/or
development programs relating to one or the other form of
public intervention in order to avoid abandoning of
land
and/or
to compensate specific disadvantages for
farmers in those areas.

and competition distortions,

in order

6.
In application of paragraphs 3 to 5 Member States may
increase the unit value, within the limit of the regional average
of the value of entitlements, and/or the number of entitlements
allocated to farmers.

7. Member States shall proceed to linear reductions of the
entitlements in case their national reserve is not sufficient to
cover the cases referred to in paragraphs 3 and 4.

Except

in case of

8.
transfer by actual or anticipated
inheritance and by way of derogation from Article 46, the
entitlements established using the national reserve shall not be
five years starting from their
transferred for a period of
allocation.

By way of derogation from Article 45(1), any entitlement
which has not been used during each year of the five year
period shall revert immediately to the national reserve.

By way of derogation from Articles 33 and 43, in case of
9.
sale or lease for six or more years of the holding or part of it
or premium rights in the reference period or not later than 29
September 2003, part of the entitlements to be allocated to the
seller or the lessor may revert to the national reserve under
in accordance
conditions to be defined by the Commission,
with the procedure referred to in Article 144(2).

CHAPTER 3

PAYMENT ENTITLEMENTS

S e c t i o n 1

P a y m e n t e n t i t l e m e n t s b a s e d o n a r e a s

Article 43

Determination of the payment entitlements

1. Without prejudice to Article 48, a farmer shall receive a
payment entitlement per hectare which is calculated by
dividing the reference amount by the three-year average
number of all hectares which in the reference period gave right
to direct payments listed in Annex VI.

The total number of payment entitlements shall be equal to the
above mentioned average number of hectares.

However,
in the case referred to in Article 37(2), the total
number of payment entitlements shall be equal to the average
number of hectares of
the
establishment of the reference amounts and Article 42(6) shall
apply to these payment entitlements.

same period used for

the

The number of hectares referred to in paragraph 1 shall

2.
further include:

(a)

in case of potato starch, dried fodder and seed aids listed in
Annex VII, the number of hectares whose production has
been granted the aid in the reference period as calculated
in points B, D and F of Annex VII;

(b) all forage area in the reference period.

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For the purpose of paragraph 2(b) of this Article, ‘forage
3.
area' shall mean the area of the holding that was available
throughout the calendar year, in accordance with Article 5 of
Commission Regulation (EC) No 2419/2001 (1),
for rearing
animals including areas in shared use and areas which were
subject to mixed cultivation. The forage area shall not include:

— buildings, woods, ponds, paths,

payment entitlements and the conditions for granting the
single payment for the area concerned.

Article 45

Unused payment entitlements

— areas used for other crops eligible for Community aid or

for permanent crops or horticultural crops,

Any payment entitlement which has not been used for a

1.
period of 3 years shall be allocated to the national reserve.

— areas qualifying for the support system laid down for the
producers of certain arable crops, used for the aid scheme
for dried fodder or subject to a national or Community
set-aside scheme.

The payment entitlements per hectare shall not be

4.
modified save as otherwise provided.

Article 44

Use of payment entitlements

1.
Any payment entitlement accompanied by an eligible
hectare shall give right to the payment of the amount fixed by
the payment entitlement.

However, unused payment entitlements shall not revert
2.
to the national
and
in case of
exceptional circumstances within the meaning of Article 40(4).

force majeure

reserve

Article 46

Transfer of payment entitlements

1.
Payment entitlements may only be transferred to another
farmer established within the same Member State except in
case of transfer by actual or anticipated inheritance.

However, even in the case of actual or anticipated inheritance,
payment entitlements may only be used in the Member State
where the payment entitlements were established.

2.
‘Eligible hectare' shall mean any agricultural area of the
holding taken up by arable land and permanent pasture except
forests or used for non
areas under permanent crops,
agricultural activities.

A Member State may decide that payment entitlements may
only be transferred or used within one and the same region.

The farmer shall declare the parcels corresponding to the
3.
eligible hectare accompanying any payment entitlement. Except
in case of force majeure or exceptional circumstances, these
parcels shall be at the farmer's disposal for a period of at least
10-months, starting from a date to be fixed by the Member
State, but not earlier than 1 September of the calendar year
preceding the year of lodging the application for participation
in the single payment scheme.

4. Member States may,
in duly justified circumstances,
authorise the farmer to modify his declaration on condition
that he respects the number of hectares corresponding to his

down

detailed

(1) Commission Regulation (EC) No 2419/2001 of 11 December 2001
laying
integrated
administration and control system for certain Community aid
schemes established by Council Regulation (EEC) No 3508/92 (OJ
L 327, 12.12.2001, p. 11). Regulation as amended by Commission
Regulation (EC) No 2550/2001 (OJ L 341, 22.12.2001, p. 105).

applying

rules

the

for

Payment entitlements may be transferred by sale or any
2.
other definitive transfer with or without land. In contrast, lease
or similar types of transactions shall be allowed only if the
payment entitlements transferred are accompanied by the
transfer of an equivalent number of eligible hectares.

Except in case of force majeure or exceptional circumstances as
referred to in Article 40(4), a farmer may transfer his payment
entitlements without land only after he has used, within the
meaning of Article 44, at
least 80 % of his payment
entitlements during at least one calendar year or, after he has
given up voluntarily to the national reserve all the payment
entitlements he has not used in the first year of application of
the single payment scheme.

In case of sale of payment entitlements, with or without
3.
land, Member States may, acting in compliance with the

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general principle of Community law, decide that part of the
payment entitlements sold revert to the national reserve or
that
the national
reserve, according to criteria to be fixed by the Commission in
accordance with the procedure referred to in Article 144(2).

their unit value is reduced in favour of

Starting from 2007 and by way of derogation from
2.
Articles 33, 43 and 44, the amounts resulting from dairy
premium and additional payments, provided for in Articles 95
and 96 and to be granted in 2007 shall be included in the
single payment scheme under the conditions provided for in
Articles 48 to 50.

S e c t i o n 2

Article 48

P a y m e n t e n t i t l e m e n t s s u b j e c t t o s p e c i a l
c o n d i t i o n s

Determination of the payment entitlements subject to
special conditions

Article 47

Payments giving right to payment entitlements subject to
special conditions

the
By way of derogation from Articles 43 and 44,
1.
following amounts resulting from payments granted in the
reference period shall be included in the reference amount
under the conditions provided for in Article 48 and point C of
Annex VII:

When farmer was granted payments referred to in Article 47,
but had no hectares as referred to in Article 43 in the
reference period, or the entitlement per hectare results in an
amount higher than EUR 5 000, the farmer shall have right,
respectively, to a payment entitlement:

(a) equal to the reference amount corresponding to the direct
payments he was granted in the three-year average period;

(a)

the deseasonalisation premium provided for in Article 5 of
Regulation (EC) No 1254/1999;

(b) for each EUR 5 000 or fraction of the reference amount
corresponding to the direct payments he was granted in
the three-year average period.

(b) the slaughter premium provided for

in Article 11 of

Regulation (EC) No 1254/1999;

(c)

the special premium for male bovine animals and the
suckler cow premium, where the farmer was exempted
from the stocking rate requirement pursuant
to Article
12(1) of Regulation (EC) No 1254/1999, provided that the
farmer did not apply for
the extensification payment
provided for in Article 13 of that Regulation;

(d) additional payments provided for

in Article 14 of
Regulation (EC) No 1254/1999 where paid in addition to
aid provided for under (a), (b) and (c) of this paragraph;

(e)

the aids provided for under
scheme:

the sheep and goats aid

— in the calendar years 2000 and 2001, in Article 5 of
Regulation (EC) No 2467/98 and in Article 1 of
Regulation (EEC) No 1323/90 (1),

— in the calendar year 2002, in Articles 4, 5 and 11(1)
and in the first, second and fourth indent of Article
11(2) of Regulation (EC) No 2529/2001.

(1) OJ L 132, 23.5.1990, p. 17. Regulation repealed by Regulation (EC)

No 2529/2001 (OJ 341, 22.12.2001, p. 3).

Article 49

Conditions

1.
Save as otherwise provided for in this section, the other
provisions of this Title shall apply to the payment entitlements
subject to special conditions.

2.
By way of derogation from Articles 36(1) and 44(1), a
farmer who has such payment entitlements for which he did
not have hectares in the reference period, shall be authorised
by the Member State to derogate from the obligation to
provide a number of eligible hectares equivalent to the number
of entitlements on the condition he maintains at least 50 % of
the agricultural activity exercised in the reference period
expressed in livestock units (LU).

In case of a transfer of the payment entitlements, the transferee
the payment
from this derogation only if all
may benefit
entitlements subject to the derogation are transferred.

The payment

3.
Article 48 shall not be modified.

entitlements determined according to

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Article 50

Dairy premium and additional payments

to Article 48 and by way of
1. Without prejudice
derogation from Articles 37 and 43, a farmer shall receive a
supplementary amount per entitlement resulting by dividing
the amounts to be granted under Articles 95 and 96 by the
number of entitlements he owns in 2007 except set-aside
entitlements.

The unit value of each payment entitlement he owns in 2007
shall be increased by this supplementary amount.

2.
In cases where he does not own any entitlement, Articles
48 and 49 shall apply mutatis mutandis. In this case, for the
purpose of applying Article 48, the term ‘hectares' shall mean
the eligible hectares the farmer owns in 2007.

tetrahydrocannabinol content not exceeding 0,2 % and the
production shall be covered by a contract or commitment as
referred to in Article 2(1) of Regulation (EC) No 1673/2000.
Member States shall establish a system for verifying the
tetrahydrocannabinol content of the crops grown on at least
30 % of the areas on hemp grown for fibre for which the
contract is concluded or the commitment made. However, if a
Member State introduces a system of prior approval for such
cultivation, the minimum shall be 20 %.

2.
In accordance with the procedure referred to in Article
144(2), the granting of payments shall be made subject to the
use of certified seeds of certain varieties and to a declaration of
areas on hemp grown for fibre.

S e c t i o n 2

CHAPTER 4

S e t - a s i d e e n t i t l e m e n t s

LAND USE UNDER THE SINGLE PAYMENT SCHEME

S e c t i o n 1

U s e o f t h e l a n d

Article 51

Agricultural use of the land

Farmers may use the parcels declared according to Article
44(3) for any agricultural activity except for permanent crops
and except for the production of the products referred to in
Article 1(2) of Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), in Article 1(2) of Council Regulation
(EC) No 2201/96 of 28 October 1996 on the common
organisation of the markets in processed fruit and vegetable
products (2) and potatoes other than those intended for the
manufacture of potato starch for which aid is granted under
Article 93 of this Regulation.

Article 52

Production of hemp

1.
5302 10 00,

In case of production of hemp falling within CN Code
a

varieties

have

shall

used

the

(1) OJ L 297, 21.11.1996, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003,
p. 64).

(2) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 453/2002 (OJ L 72, 14.3.2002,
p. 9).

Article 53

Determination of the set-aside entitlements

1.
By way of derogation from Articles 37 and 43 of this
Regulation, where in the reference period a farmer was subject
to the obligation to set aside part of the land of his holding
pursuant to Article 6(1) of Regulation (EC) No 1251/1999, the
three-year average amount corresponding to the compulsory
set-aside payment calculated and adjusted according to Annex
VII and the three-year average number of compulsory set-aside
hectares shall not be included in the determination of the
entitlements referred to in Article 43 of this Regulation.

2.
In the case referred to in paragraph 1, the farmer shall
receive an entitlement per hectare (hereinafter referred to as
‘set-aside entitlement') which is calculated by dividing the
three-year set-aside average amount by the three-year average
number of hectares set-aside, as referred to in paragraph 1.

The total number of set-aside entitlements shall be equal to the
average number of compulsory set-aside hectares.

Article 54

Use of set-aside entitlements

1.
Any set-aside entitlement accompanied by a hectare
eligible for set-aside entitlement shall give right to the payment
of the amount fixed by the set-aside entitlement.

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By way of derogation from Article 44(2), ‘hectare eligible
2.
for set-aside entitlement' shall mean any agricultural area of
the holding taken up by arable land, except areas which at the
date provided for the area aid applications for 2003 were
under permanent crops, forests or used for non agricultural
activities or under permanent pasture.

in Council Regulation (EEC) No 2092/91 of 24 June 1991
on organic production of
and
indications referring thereto on agricultural products and
foodstuffs (1);

agricultural products

However, the following areas may be counted as being set
aside, as a result of an application made after 28 June 1995:

(b) the land set-aside is used for the provision of materials for
the manufacture within the Community of products not
primarily intended for human or animal consumption,
provided that effective control systems are applied.

— areas set aside pursuant to Articles 22 to 24 of Regulation
(EC) No 1257/1999, which are neither put
to any
agricultural use nor used for any lucrative purposes other
than those accepted for other land set aside under this
Regulation, or

— areas afforested pursuant to Article 31 of Regulation (EC)

No 1257/1999.

Farmers shall set aside from production the hectares

3.
eligible for set-aside entitlements.

4.
Set aside areas shall not be less than 0,1 ha in size and
10 metres wide. For duly justified environmental reasons,
Member States may accept areas at least 5 metres wide and
0,05 ha in size.

5. Member States may, on terms to be determined in
accordance with the procedure referred to in Article 144(2),
this
derogate from first subparagraph of paragraph 2 of
Article, provided that
they take action to prevent any
significant
increase in the total agricultural area eligible to
set-aside entitlements.

By way of derogation from Articles 36(1) and 44(1),
shall be claimed before any other

6.
set-aside entitlements
entitlement.

The set aside obligation shall continue to apply in respect

7.
of the set-aside entitlements which are transferred.

Article 56

Use of the set aside land

The

land set

1.
shall be maintained in good
agricultural and environmental condition as established under
Article 5.

aside

Without prejudice to Article 55,
it shall not be used for
agricultural purposes and shall not produce any crop for
commercial purposes.

2.

It may be subject to rotation.

3.
If the quantity of by-products for feed or food uses likely
to be made available as a result of the cultivation of oilseeds
on land set-aside under Article 55(b), will, on the basis of the
forecast quantities covered by contracts made with farmers,
exceed 1 million tonnes annually expressed in soya bean meal
equivalents, in order to limit such quantity to 1 million tonnes,
the amount of the forecast quantity under each contract, which
may be used of feed or food uses, shall be reduced.

4. Member States shall be authorised to pay national aid up
to 50 % of the costs associated with establishing multiannual
crops intended for bio-mass production on set-aside land.

Article 55

Article 57

Exemption from set-aside

Application of other provisions

A farmer shall not be subject to the obligation referred to in
Article 54 if:

the other
Save as otherwise provided for in this section,
provisions of this Title shall apply to the set-aside entitlements.

(a) his entire holding is managed for

its
production in compliance with the obligations laid down

the totality of

(1) OJ L 198, 22.7.1991, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003,
p. 1).

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CHAPTER 5

Articles 48 and 49 shall apply mutatis mutandis.

REGIONAL AND OPTIONAL IMPLEMENTATION

S e c t i o n 1

R e g i o n a l i m p l e m e n t a t i o n

Article 58

Regional allocation of the ceiling referred to in Article 41

1.
A Member State may decide, by 1 August 2004 at the
latest, to apply the single payment scheme provided for in
level under the conditions laid
Chapters 1 to 4 at regional
down in this Section.

2. Member States shall define the regions according to
objective criteria.

Member States with less than three million eligible hectares
may be considered as one single region.

3.
The Member State shall subdivide the ceiling referred to
in Article 41 between the regions according to objective
criteria.

Article 59

Regionalisation of the single payment scheme

1.
In duly justified cases and according to objective criteria
the Member State may divide the total amount of the regional
ceiling established under Article 58 or part of it between all
region
the
concerned,
including those who do not meet the eligibility
criterion referred to in Article 33.

farmers whose holdings are

located in the

In this case of division of

the
2.
regional ceiling, farmers shall receive entitlements, whose unit
value is calculated by dividing the regional ceiling established
under Article 58 by the number of eligible hectares, within the
meaning of Article 44(2), established at regional level.

the total amount of

4.
The number of entitlements per farmer shall be equal to
the number of hectares he declares in accordance with Article
the single payment
44(2)
scheme, except
force majeure or exceptional
circumstances within the meaning of Article 40(4).

the first year of application of
in case of

Article 60

Use of the land

1. Where a Member State makes use of the option provided
for in Article 59, farmers may, by way of derogation from
Article 51 and in accordance with the provisions of
this
Article, also use the parcels declared according to Article 44(3)
for the production of products referred to in Article 1(2) of
Regulation (EC) No 2200/96, in Article 1(2) of Regulation (EC)
No 2201/96 and potatoes other than those intended for the
manufacture of potato starch for which aid is granted under
Article 93 of this Regulation, except permanent crops.

2.
The Member State shall establish the number of hectares
that may be used according to paragraph 1 of this Article by
subdividing, according to objective criteria, the average of the
number of hectares that were used for the production of the
products referred to in paragraph 1 at national level during the
three-year period 2000-2002 amongst
the regions defined
pursuant to Article 58(2). The average number of hectares at
national
level
shall be fixed by the Commission in accordance with the
procedure referred to in Article 144(2) on the basis of the data
communicated by the Member State.

level and the number of hectares at regional

3. Within the limit established according to paragraph 2 for
the region concerned, a farmer shall be allowed to make use of
the option referred to in paragraph 1:

(a) within the limit of the number of hectares that he used for
the production of the products referred to in paragraph 1
in 2003;

3.
In case of partial division of the total amount of the
regional ceiling, farmers shall receive entitlements whose unit
value is calculated by dividing the corresponding part of the
regional ceiling established under Article 58 by the number of
eligible hectares, within the meaning of Article 44(2),
established at regional level.

(b)

in case of application, mutatis mutandis, of Articles 40 and
42(4), within the limit of a number of hectares to be
established according to objective criteria and in such a
way as to ensure equal treatment between farmers and to
avoid market and competition distortions.

In case the farmer is also entitled to receive entitlements
calculated on the remaining part of the regional ceiling, the
regional unit value of each of his entitlements, except
for
set-aside entitlements,
shall be increased by an amount
corresponding to the reference amount divided by the number
his entitlements established in accordance with paragraph 4.

4. Within the limit of the number of hectares that remain
available after application of paragraph 3,
farmers shall be
allowed to produce the products referred to in paragraph 1 on
a number of hectares other than the number of hectares falling
under paragraph 3 within the limit of a number of hectares
referred to in
used for

the production of

the products

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paragraph 1 in 2004 and/or 2005, whereby priority shall be
given to the farmers who produced the products already in
2004 within the limit of the number of hectares used in 2004.

In case of application of Article 71, 2004 and 2005 shall be
replaced by, respectively,
the year previous to the year of
application of
the single payment scheme and the year of
application itself.

5.
In order to establish the individual limits referred to in
paragraphs 3 and 4, the Members State shall use the farmer's
individual data, where available, or any other evidence at its
satisfaction provided by the farmer.

The number of hectares for which the authorisation has
6.
been established according to paragraphs 3 and 4 of
this
Article, shall in no case exceed the number of eligible hectares
as defined in Article 44(2) declared in the first year of
application of the single payment scheme.

The authorisation shall be used, within the region

7.
concerned, with the corresponding payment entitlement.

to the Council,

By at the latest 2007, the Commission shall submit a
8.
report
if necessary, by
appropriate proposals, on the possible consequences, in terms
of market and structural developments, of the implementation
by Member States of this Article.

accompanied,

Article 61

Grassland

In case of application of Article 59, Member States may also,
according to objective criteria, fix, within the regional ceiling
or part of it, different per unit values of entitlements to be
allocated to farmers referred to in Article 59(1), for hectares
the area aid
under grassland at
applications for 2003 and for any other eligible hectare or
alternatively for hectares under permanent pasture at the date
provided for the area aid applications for 2003 and for any
other eligible hectare.

the date provided for

Article 62

Dairy premium and additional payments

By way of derogation from Article 47(2), Member State may
decide that the amounts resulting from dairy premiums and
additional payments, provided for in Articles 95 and 96, shall
be included, in part or in full, in the single payment scheme
this
starting from 2005. Entitlements
paragraph shall be modified accordingly.

established under

The reference amount for those payments shall be equal to the
amounts to be granted according to Articles 95 and 96
calculated on the basis of the individual reference quantity for
milk available on the holding on 31 March of the year of
inclusion, in part or in full, of those payments in the single
payment scheme.

Articles 48 to 50 shall apply mutatis mutandis.

Article 63

Conditions for the entitlements established under this
section

In case of application of Article 59,

1.
entitlements
established under this section may only be transferred or used
within the same region or between regions where
the
entitlements per hectare are the same.

2.
In case of application of Article 59, by way of derogation
from Article 53, any farmer in the region concerned shall
receive set-aside entitlements.

set-aside

The number of
established by
multiplying a farmer's eligible land within the meaning of
Article 54(2) declared in the first year of application of the
single payment scheme with a set-aside rate.

entitlements

is

The set aside rate is calculated by multiplying the basic rate of
compulsory set-aside of 10 % by the proportion, in the region
concerned, between the land for which arable crops area
payments referred to in Annex VI have been granted in the
reference period and the eligible land within the meaning of
Article 54(2) in the reference period.

The value of the set-aside entitlements shall be the regional
value for payment entitlements as established according to
Article 59(2) or, as the case may be, Article 59(3)
first
subparagraph.

Those farmers shall not receive set-aside entitlements who
declare less than a number of hectares within the meaning of
Article 54(2) which would be needed to produce a number of
tonnes equal to 92 tonnes of cereals as defined in Annex IX on
the basis of
to the
regionalisation plan applicable in the region concerned in the
year before the year of application of
the single payment
scheme divided by the proportion referred to in the third
subparagraph of paragraph 2 of this Article.

yields determined according

the

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By way of derogation from Articles 43(4) and 49(3),
3.
Member States may also decide, by 1 August 2004 at the
latest, and acting in compliance with the general principle of
Community law,
this
section shall be subject to progressive modifications according
to pre-established steps and objective criteria.

that entitlements established under

Save as otherwise provided for in this Section, the other

4.
provisions of this Title shall apply.

Save as otherwise provided for in this Section, the other
entitlements

2.
provisions of
established on the remaining part of the reference amount.

shall apply to the

this Title

Article 66

Arable crops payments

In case of arable crops payments, Member States may:

S e c t i o n 2

P a r t i a l i m p l e m e n t a t i o n

(a) retain up to 25 % of the component of national ceilings
referred to in Article 41 corresponding to the arable crops
area payments referred to in Annex VI, except compulsory
set-aside payment.

Article 64

General provisions

to apply, at national or

A Member State may decide, by 1 August 2004 at the
1.
latest,
the single
payment scheme provided for in Chapters 1 to 4 under the
conditions laid down in this Section.

regional

level,

According to the choice made by each Member State, the
2.
Commission shall
in accordance with the procedure
referred to in Article 144(2), a ceiling for each of the direct
payments referred to, respectively, in Articles 66, 67, 68 and
69.

fix,

This ceiling shall be equal to the component of each type of
direct payment in the national ceilings referred to in Article
41, multiplied by the percentages of reduction applied by
Member States in accordance with Articles 66, 67, 68 and 69.

The total amount of the fixed ceilings shall be deducted from
the national ceilings referred to in Article 41 in accordance
with the procedure referred to in Article 144(2).

By at the latest two years after the implementation of the
3.
single payment scheme by all Member States or at the latest by
31 December 2009, the Commission shall submit a report to
the Council,
if necessary, by appropriate
proposals, on the possible consequences, in terms of market
implementation by
and structural developments, of
Member States of the options provided for in Sections 2 and 3.

accompanied,

the

In this case and within the limit of the ceiling fixed in
State
accordance with Article 64(2),
concerned shall make, on a yearly basis, an additional
payment to farmers.

the Member

shall be granted to farmers
The additional payment
producing arable crops listed in Annex IX and, in Member
States where maize is not a traditional crop, grass silage on
a per hectare basis, at a maximum level up to 25 % of the
to be
per hectare payments referred to in Annex VI
granted under the conditions provided for in Chapter 10 of
Title IV.

or, alternatively

(b) retain up to 40 % of the component of national ceilings
referred to in Article 41 corresponding to the durum
wheat supplement payment referred to in Annex VI.

In this case and within the limit of the ceiling fixed in
accordance with Article 64(2),
State
concerned shall make, on a yearly basis, an additional
payment to farmers.

the Member

shall be granted to farmers
The additional payment
producing durum wheat
listed in Annex IX on a per
hectare basis, at a maximum level up to 40 % of per
hectare supplement payment for durum wheat referred to
in Annex VI granted or to be granted under conditions
provided for in Chapter 10 of Title IV.

Article 65

Article 67

Sheep and goat payments

Establishment of the entitlements under this section

For the entitlements to be allocated to farmers, after any
1.
possible reduction under Article 41, the component of the
reference amount which results
the direct
payments referred to, respectively, in Articles 66, 67, 68 and
69 shall be reduced by the percentage to be fixed by Member
States within the limit fixed in Articles 66, 67, 68 and 69.

from each of

Member States may retain up to 50 % of the component of
national ceilings referred to in Article 41 corresponding to the
sheep and goat payments listed in Annex VI.

In this case and within the limit of
the ceiling fixed in
accordance with Article 64(2), the Member State concerned
to
shall make, on a yearly basis, an additional payment
farmers.

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The additional payment shall be granted to farmers rearing
sheep and goats, at a maximum level up to 50 % of sheep and
goat payments
to be granted under
conditions provided for in Chapter 11 of Title IV.

listed in Annex VI

In this case and within the limit of the ceiling fixed in
accordance with Article 64(2),
the Member State
concerned shall make, on a yearly basis, an additional
payment to farmers.

Article 68

Beef and veal payments

In case of beef and veal payments, Member States may
1.
retain up to 100 % of
the component of national ceilings
referred to in Article 41 corresponding to the slaughtering
premium referred to in Annex VI for calves.

In this case and within the limit of
the ceiling fixed in
accordance with Article 64(2), the Member State concerned
shall make, on a yearly basis, an additional payment
to
farmers.

The additional payment shall be granted on slaughtering of
calves at a maximum level up to 100 % of the slaughtering
premium for calves referred to in Annex VI to be granted
under conditions provided for in Chapter 12 of Title IV.

2. Member States may also:

(a)

(i)

retain up to 100 % of
the component of national
ceilings referred to in Article 41 corresponding to the
suckler cow premium referred to in Annex VI.

In this case and within the limit of the ceiling fixed in
accordance with Article 64(2),
the Member State
concerned shall make, on a yearly basis, an additional
payment to farmers.

shall

payment

additional

The
for
maintaining suckler cows, at a maximum level up to
100 % of suckler cow premium referred to in Annex VI
to be granted under conditions provided for in Chapter
12 of Title IV;

granted

be

and

(ii) retain up to 40 % of

the component of national
ceilings referred to in Article 41 corresponding to the
slaughter premium referred to in Annex VI for bovine
animals other than for calves.

In this case and within the limit of the ceiling fixed in
accordance with Article 64(2),
the Member State
concerned shall make, on a yearly basis, an additional
payment to farmers.

be

shall

payment

additional

The
on
slaughtering of bovine animals other than calves at a
slaughtering
maximum level up to 40 % of
premium referred to in Annex VI for bovine animals
other than for calves to be granted under conditions
provided for in Chapter 12 of Title IV;

granted

the

or alternatively,

(b)

(i)

retain up to 100 % of
the component of national
ceilings referred to in Article 41 corresponding to the
slaughter premium referred to in Annex VI for bovine
animals other than for calves.

be

shall

payment

additional

The
on
slaughtering of bovine animals other than for calves at
a maximum level up to 100 % of
the slaughtering
premium referred to in Annex VI for bovine animals
other than for calves to be granted under conditions
provided for in Chapter 12 of Title IV;

granted

or, alternatively,

(ii) retain up to 75 % of

the component of national
ceilings referred to in Article 41 corresponding to the
special male premium referred to in Annex VI.

In this case and within the limit of the ceiling fixed in
the Member State
accordance with Article 64(2),
concerned shall make, on a yearly basis, an additional
payment to farmers.

The additional payment shall be granted at a maximum
level up to 75 % of the special male premium referred
to in Annex VI
to be granted under conditions
provided for in Chapter 12 of Title IV.

Article 69

Optional implementation for specific types of farming and
quality production

Member States may retain up to 10 % of the component of
national ceilings referred to in Article 41 corresponding to
each sector referred to in Annex VI. In the case of the arable
crops, beef and veal and sheep and goat sectors, this retention
shall be taken into account for the purpose of application of
the maximum percentages fixed, respectively, in Articles 66, 67
and 68.

In this case and within the limit of
the ceiling fixed in
accordance with Article 64(2), the Member State concerned
shall make, on a yearly basis, an additional payment to farmers
in the sector or sectors concerned by the retention.

are

important

The additional payment shall be granted for specific types of
farming which
or
enhancement of the environment or for improving the quality
and marketing of agricultural products under conditions to be
defined by the Commission in accordance with the procedure
referred to in Article 144(2).

protection

the

for

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S e c t i o n 3

S e c t i o n 4

O p t i o n a l e x c l u s i o n s

O p t i o n a l t r a n s i t i o n

Article 70

Article 71

Optional exclusion of some direct payments

Optional transitional period

A Member State may decide, by 1 August 2004 at the

1.
latest, to exclude from the single payment scheme:

(a) one or more of

the direct payments granted in the

reference period under:

1. Where specific agricultural conditions
so warrant, a
Member State may decide, by 1 August 2004 at the latest, to
apply the single payment scheme after a transitional period
which shall expire either on 31 December 2005 or on 31
December 2006.

— Article 4(4) of Regulation (EC) No 1251/1999,

— Article 3 of Regulation (EC) No 2358/71.

In the case where the Member State concerned decides to
apply the single payment scheme before the end of
the
transitional period, it shall decide by 1 August at the latest of
the calendar year preceding the calendar year in respect of
which the single payment scheme will apply.

In this case, Articles 64 and 65 shall apply mutatis
mutandis;

(b) all other direct payments listed in Annex VI granted to
farmers in the reference period in the French Overseas
the Canary and
Departments,
Aegean Islands and the direct payments granted in the
reference period under:

the Azores and Madeira,

— Article 6 of Regulation (EEC) No 2019/93,

— Article 9 of Regulation (EC) No 1452/2001,

— Articles 13 and 22(2) to (6) of Regulation (EC) No

1453/2001,

— Articles 5 and 6 of Regulation (EC) No 1454/2001.

2. Without prejudice to Article 70(2) of this Regulation, in
the transitional period the Member State concerned shall apply
the direct payments referred to in Annex VI under
the
conditions established, respectively,
in Title IV Chapters 3, 6
and 7 to 13 of this Regulation, Article 6 of Regulation (EEC)
No 2019/93, Article 9 of Regulation (EC) No 1452/2001,
Articles 13 and 22(2) to (4) of Regulation (EC) No 1453/2001,
and Article 5 of Regulation (EC) No 1454/2001, within the
limit of budgetary ceilings corresponding to the component of
these direct payments in the national ceiling referred to in
Article 41, fixed by the Commission, in accordance with the
procedure referred to in Article 144(2), for each of the direct
payments.

In the case of dried fodder payment, Member States shall grant
an aid under conditions to be defined in accordance with the
procedure
the
referred
aforementioned budgetary limits.

144(2), within

in Article

to

2. Without prejudice to Article 6(2) of Regulations (EEC)
No 2019/93, Article 9(2) of Regulation (EC) No 1452/2001,
Articles 13(2) and 22(2) of Regulation (EC) No 1453/2001, and
Article 5(2) of Regulation (EC) No 1454/2001, Member States
shall grant the direct payments referred to in paragraph 1 of
this Article, within the limit of the ceilings fixed in accordance
with Article 64(2) of this Regulation, under the conditions
established, respectively, in Title IV Chapters 3, 6 and 7 to 13
of this Regulation, Article 6 of Regulation (EEC) No 2019/93,
Article 9 of Regulation (EC) No 1452/2001, Articles 13 and
22(2) to (4) of Regulation (EC) No 1453/2001 and Article 5 of
Regulation (EC) No 1454/2001.

The total amount of the fixed ceilings shall be deducted from
the national ceilings referred to in Article 41 in accordance
with the procedure referred to in Article 144(2).

3.
The single payment scheme shall apply on 1 January of
the calendar year following the calendar year of expiry of the
transitional period.

the Member State concerned shall

In this case,
take the
decisions referred to in Articles 58(1), 63(3), 64(1) and 70 by
1 August 2005 or alternatively 2006 according to the deadline
decided under paragraph 1 of this Article.

The Commission in accordance with the procedure
4.
referred to in Article 144(2) shall take the necessary measures
in case the application of this transitional period causes severe
distortion of competition in the Community market and in
order to ensure the respect of the Community international
obligations.

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TITLE IV

OTHER AID SCHEMES

CHAPTER 1

SPECIFIC QUALITY PREMIUM FOR DURUM WHEAT

Article 72

Scope of application

Aid shall be granted to farmers producing durum wheat falling
within CN code 1001 10 00, under the conditions laid down in
this Chapter.

Article 73

Amount and eligibility

1.

The aid shall be EUR 40 per hectare.

Granting of payments shall be subject

2.
to the use of
certain quantities of certified seeds of varieties recognised, in
the
the production zone, as being of high quality for
production of semolina or pasta.

Article 74

Areas

its base area in
2. When a Member State subdivides
sub-base areas, the reduction provided for in the paragraph 1
shall apply only to the farmers in sub-base areas where their
limit have been exceeded. This reduction shall be made when,
in the Member State concerned, the areas in sub-base areas,
which have not reached their limits, have been redistributed to
sub-base areas in which those limits have been exceeded.

CHAPTER 2

PROTEIN CROP PREMIUM

Article 76

Scope

An aid shall be granted to farmers producing protein crops
under the conditions laid down in this Chapter.

Protein crops shall include:

— peas falling within CN code 0713 10,

— field beans falling within CN code 0713 50,

The aid shall be granted for national base areas in the

1.
traditional production zones listed in Annex X.

— sweet lupins falling within CN code ex 1209 29 50.

The base areas shall be as follows:

Greece

Spain

France

Italy

Austria

Portugal

617 000 ha

594 000 ha

208 000 ha

1 646 000 ha

7 000 ha

118 000 ha.

A Member State may subdivide its base area into

2.
sub-base areas in accordance with objective criteria.

Article 77

Amount and eligibility

The aid shall be EUR 55,57 per hectare of protein crops
harvested after the stage of lactic ripeness.

However, crops grown on areas which are fully sown and
which are cultivated in accordance with local standards, but
which do not attain the stage of lactic ripeness as a result of
exceptional weather conditions recognised by the Member
State concerned, shall remain eligible for aid provided that the
areas in question are not used for any other purpose up to this
growing stage.

Article 75

Overrun of the area

Article 78

Area

1. Where the area for which aid is claimed exceeds the base
area, the area per farmer for which aid is claimed shall be
reduced proportionately in that year.

A maximum guaranteed area of 1 400 000 ha for which

1.
the aid may be granted is hereby established.

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2. Where the area for which aid is claimed exceeds the
maximum guaranteed area, the area per farmer for which aid
is claimed shall be reduced proportionately in that year in
accordance with the procedure referred to in Article 144(2).

Article 81

Areas

A national base area for each producing Member State is
hereby established. However, for France two base areas are
established. The base areas shall be as follows:

CHAPTER 3

CROP SPECIFIC PAYMENT FOR RICE

Article 79

Scope

Aid shall be granted to farmers producing rice, falling within
CN code 1006 10 under the conditions laid down in this
Chapter.

Spain

France:

104 973 ha

— metropolitan territory

19 050 ha

— French Guyana

4 190 ha

Greece

Italy

Portugal

20 333 ha

219 588 ha

24 667 ha.

Article 80

Amount and eligibility

A Member State may subdivide its base area or areas into
sub-base areas in accordance with objective criteria.

The aid shall be granted per hectare of land sown under
the

1.
rice and where the crop is maintained until at
beginning of flowering under normal growth conditions.

least

Article 82

Overrun of the areas

However, crops grown on areas which are fully sown and
which are cultivated in accordance with local standards, but
which do not attain the stage of
flowering as a result of
exceptional weather conditions recognised by the Member
State concerned, shall remain eligible for aid provided that the
areas in question are not used for any other purpose up to this
growing stage.

The aid shall be as follows, according to the yields in the

2.
Member States concerned:

1. Where in a Member State the area given over to rice in a
given year exceeds the base area indicated in Article 81, the
area per farmer for which aid is claimed shall be reduced
proportionately in that year.

2. When a Member State subdivides its base area or areas in
sub-base areas, the reduction provided for in paragraph 1 shall
apply only to the farmers in sub-base areas where their limit
have been exceeded. This reduction shall be made when, in the
Member State concerned, the areas in sub-base areas, which
have not
limits, have been redistributed to
sub-base areas in which those limits have been exceeded.

reached their

Marketing year
2004/2005 and in
case of application
of Article 71
(EUR/ha)

1 123,95

971,73

1 329,27

1 323,96

1 069,08

1 070,85

Marketing year
2005/2006 and
onwards

(EUR/ha)

476,25

411,75

563,25

561,00

453,00

453,75.

Spain

France:

— metropolitan territory

— French Guyana

Greece

Italy

Portugal

CHAPTER 4

AREA PAYMENT FOR NUTS

Article 83

Community aid

A Community aid shall be granted to farmers producing

1.
nuts under the conditions laid down in this Chapter.

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Nuts shall include:

Article 85

— almonds falling within CN codes 0802 11 and 0802 12,

Overrun of the sub-base areas

— hazelnuts or filberts falling within CN codes 0802 21 and

0802 22,

— walnuts falling within CN codes 0802 31 and 0802 32,

— pistachios falling within CN codes 0802 50,

— locust beans falling within CN codes 1212 10 10.

When a Member State subdivides its NGA in sub-base areas
and one or more sub-base areas are exceeded, the area per
farmer for which Community aid is claimed shall be reduced
proportionately in that year for the farmers in the sub-base
areas where their limit have been exceeded. This reduction
shall be made when, in the Member State concerned, the areas
in sub-base areas, which have not reached their limits, have
been redistributed to sub-base areas in which those limits have
been exceeded.

2. Member States may differentiate the aid in function of
the products or by increasing or decreasing the national
guaranteed areas
‘NGA')
established in Article 84(3). However, in each Member State,
the total amount of aid granted in a given year shall not be
higher than the ceiling referred to in Article 84(1).

referred to as

(hereinafter

the

Article 84

Areas

1.
A Member State shall grant the Community aid within
the limit of a ceiling calculated by multiplying the number of
hectares of its NGA as fixed in paragraph 3 by the average
amount of EUR 120,75.

A maximum guaranteed area of 800 000 ha is hereby

2.
established.

The maximum guaranteed area referred to in paragraph
following NGA: National

3.
2 shall be divided into the
Guaranteed Areas (NGA)

Belgium

Germany

France

Greece

Italy

Luxembourg

Netherlands

Austria

Portugal

Spain

100 ha

1 500 ha

17 300 ha

41 100 ha

130 100 ha

100 ha

100 ha

100 ha

41 300 ha

568 200 ha

Article 86

Conditions for eligibility

Payment of the Community aid shall be conditional on,

1.
in particular, minimum plot size and tree density.

2.
Areas in improvement plans within the meaning of
Article 14(b) of Regulation (EEC) No 1035/72 of the Council
of 18 May 1972 on the common organisation of the market in
fruit and vegetables (1) become eligible for aid under this
scheme on 1 January of the year following the year in which
the improvement plan expired.

3. Member States may make the granting of Community aid
conditional on farmers being members of
a producer
organisation recognised under Articles 11 or 14 of Regulation
(EC) No 2200/96.

the payment of

If the provision of paragraph 3 is applied, Member States
4.
may decide that
the aid referred to in
paragraph 1 is made to a producer organisation on the behalf
of its members. The amount of aid received by the producer
organisation shall be paid to its members. However, Member
States may authorise a producer organisation, as compensation
for
to operate a
deduction on the amount of Community aid up to a
maximum of 2 %.

the services provided to its members,

Article 87

National aid

1. Member States may grant national aid, in addition to the
Community aid, up to a maximum of EUR 120,75 per hectare
per year.

United Kingdom

100 ha.

The national aid may be paid only for areas receiving

2.
Community aid.

A Member State may subdivide its NGA into sub-areas in
in particular at regional

4.
accordance with objective criteria,
level or in relation to the production.

(1) OJ L 118, 20.5.1972, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 1363/95 (OJ L 132, 16.6.1995,
p. 8).

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3. Member States may make the granting of national aid
conditional on farmers being members of
a producer
organisation recognised under Articles 11 or 14 of Regulation
(EC) No 2200/96.

Areas which have been subject to an application for energy
crops scheme may not be counted as being set aside for the
purposes of the set-aside requirement indicated in Article 6(1)
of Regulation (EC) No 1251/1999 and in Articles 54(2), 63(2)
and 107(1) of this Regulation.

CHAPTER 5

Article 91

AID FOR ENERGY CROPS

Review of the list of energy crops

Article 88

Aid

An aid of EUR 45 per hectare per year shall be granted for
areas sown under energy crops used under the conditions laid
down in this Chapter.

Energy crops shall mean crops supplied essentially for the
production of the following energy products:

Products may be added or
accordance with the procedure referred to in Article 144(2).

removed to Article 88 in

Article 92

Review of energy crops scheme

By 31 December 2006, the Commission shall submit a report
scheme,
to the Council on the
accompanied, where appropriate, by proposals taking into
account the implementation of the EU biofuels initiative.

implementation of

the

— products considered biofuels listed in Article 2, point 2 of
Directive 2003/30/EC of the European Parliament and of
the Council of 8 May 2003 on the promotion of the use
of biofuels or other renewable fuels for transport (1),

CHAPTER 6

AID FOR STARCH POTATO

— electric and thermal energy produced from biomass.

Article 89

Areas

A maximum guaranteed area of 1 500 000 ha for which

1.
the aid may be granted is hereby established.

2. Where the area for which aid is claimed exceeds the
maximum guaranteed area, the area per farmer for which aid
is claimed shall be reduced proportionately in that year in
accordance with the procedure referred to in Article 144(2).

Article 90

Conditions for eligibility

Article 93

Aid

Aid shall be established for
farmers producing potatoes
intended for the manufacture of potato starch. The amount of
the payment applies to the quantity of potatoes needed for
making one tonne of starch. It shall be:

— EUR 110,54 for the marketing year 2004/2005 and in case

of application of Article 71,

— EUR 66,32 from the marketing year 2005/2006 onwards.

It shall be adjusted according to the starch content of the
potatoes.

Article 94

Conditions

The aid shall be granted only in respect of areas whose
production is covered by a contract between the farmer and
the processing
in case of processing
except
undertaken by the farmer himself on the holding.

industry,

(1) OJ L 123, 17.5.2003, p. 42.

The aid shall be paid only in respect of
the quantity of
potatoes covered by a cultivation contract between the potato
producer and the starch manufacturer within the limit of the
quota allocated to such undertaking, as referred to in Article
2(2) of Regulation (EC) No 1868/94.

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CHAPTER 7

DAIRY PREMIUM AND ADDITIONAL PAYMENT

Article 96

Additional payments

Article 95

Dairy premium

From 2004 to 2007, Member States shall, on a yearly
1.
basis, make additional payments to producers in their territory
totalling the global amounts per year set out in paragraph 2.
Such payments shall be made according to objective criteria
and in such a way as to ensure equal
treatment between
producers and to avoid market and competition distortions.
Moreover, such payments shall not be linked to fluctuations of
market prices.

1.
From 2004 to 2007, milk producers shall qualify for a
It shall be granted per calendar year, per
dairy premium.
holding and per tonne of individual reference quantity eligible
for premium and available on the holding.

2. Without prejudice to paragraph 3 and to reductions
resulting from the application of paragraph 4, the individual
reference quantity for milk available on the holding on 31
March of the calendar year concerned, expressed in tonnes,
shall be multiplied by:

— EUR 8,15/t for the calendar year 2004,

— EUR 16,31/t for the calendar year 2005,

— EUR 24,49/t for the calendar years 2006 and 2007, and

in case of application of Article 70, for the following calendar
years.

Individual

3.
reference quantities which have been the
subject of temporary transfers in accordance with Article 6 of
Council Regulation (EEC) No 3950/92 of 28 December 1992
establishing an additional levy in the milk and milk products
sector (1) or Article 16 of Council Regulation (EC) No
1788/2003 of 29 September 2003 establishing a levy in the
milk and milk products sector (2) on 31 March of the calendar
year concerned shall be deemed to be available on the holding
of the transferee for that calendar year.

in a Member State exceeds

4.
For the purpose of applying paragraph 2, where, on 31
March of a calendar year, the sum of all individual reference
quantities
the
corresponding total quantities of that Member State set out in
Annex I of Regulation (EEC) No 3950/92, for the 12-month
period 1999/2000, the Member State concerned shall, on the
basis of objective criteria, take the necessary steps to reduce
accordingly the total amount of individual reference quantities
eligible for premium on its territory.

the sum of

a
Premium supplements
supplementary amount per premium amount as set out in
Article 95(2).

granted

shall

only

be

as

Additional payments: global amounts expressed in EUR

2.
million:

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

2004

2005

2006 and
2007 (1)

12,12

24,30

36,45

16,31

32,70

49,05

101,99

204,53

306,79

2,31

4,63

6,94

20,38

40,86

61,29

88,70

177,89

266,84

19,20

38,50

57,76

36,34

72,89

109,33

0,98

1,97

2,96

40,53

81,29

121,93

10,06

20,18

30,27

6,85

8,81

13,74

20,62

17,66

26,49

12,09

24,24

36,37

United Kingdom

53,40

107,09

160,64

(1) And, in case of application of Article 70, for the following calendar years.

Article 97

Definitions

(1) OJ L 405, 31.12.1992, p. 1. Regulation as last amended by
Commission Regulation (EC) No 572/2003 (OJ L 82, 29.3.2003,
p. 20).

(2) See page 123 of this Official Journal.

For the purpose of this Chapter, the definitions of ‘producer'
laid down in Article 5 of Regulation (EC) No 1788/2003 shall
apply.

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CHAPTER 8

The varieties of Cannabis sativa L.

for which the aid
4.
provided for in this Article is payable shall be determined in
accordance with the procedure referred to in Article 144(2).

SPECIFIC REGIONAL AID FOR ARABLE CROPS

Article 98

Aid

In case of application of Article 70, in Finland and in Sweden
north of the 62nd Parallel and some adjacent areas affected by
comparable climatic conditions rendering agricultural activity
particularly difficult,
farmers producing cereals, oilseeds,
linseed and flax and hemp grown for fibre shall be granted a
specific aid of EUR 24/t, multiplied by the yields determined in
the regionalisation plan for the region concerned within the
limit of a ceiling, fixed by the Commission in accordance with
Article 64(2), corresponding to the component of this aid in
the ceiling referred to in Article 41.

When the total amount of aid claimed exceeds the fixed
ceiling, the aid per farmer shall be reduced proportionately in
that year.

CHAPTER 9

SEED AID

Article 99

Aid

1.
In case of application of Article 70, Member States shall
grant, on a yearly basis, the aids fixed in Annex XI for the
production of basic seed or certified seeds of one or more of
the species listed in Annex XI.

2.
In case the area accepted for certification for which the
aid for seeds is claimed is used also for claiming the aid under
the single payment scheme, the amount of aid for seed, except
in the case of species referred to in Annex XI points 1 and 2,
shall be reduced, but not to less than zero, by the amount of
aid of the single payment scheme to be granted in a given year
for the area concerned.

3.
The amount of aid claimed shall not exceed a ceiling,
fixed by the Commission in accordance with Article 64(2),
corresponding to the component of seed aids for the species
concerned in the national ceiling referred to in Article 41.

When the total amount of aid claimed exceeds the fixed
ceiling, the aid per farmer shall be reduced proportionately in
that year.

CHAPTER 10

ARABLE CROPS AREA PAYMENT

Article 100

Scope of application and definitions

1.
In case of application of Article 66, Member States shall
grant, under the conditions set out in this Chapter, save as
the aid chosen by the Member State
otherwise provided,
concerned according to that Article,
to farmers producing
arable crops.

2.

For the purposes of this Chapter:

— the marketing year shall run from 1 July to 30 June,

— ‘arable crops' are taken to mean those listed in Annex IX.

3. Member States where maize is not a traditional crop may
make grass silage eligible for the arable crops area payments,
under the same conditions as those applicable for arable crops.

Article 101

Base areas

The area payment shall be fixed on a per hectare basis and
regionally differentiated.

The area payment shall be granted for the area which is down
to arable crops or subject
to set-aside in accordance with
Article 107 of this Regulation and which does not exceed the
total number of hectares of the regional base area or areas as
fixed in Annex VI of Commission Regulation (EC) No
2316/1999 (1),
application of
into account
Regulation (EC) No 1017/94.

taking

the

(1) 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). Regulation as
last amended by Regulation (EC) No 1035/2003 (OJ L 150,
18.6.2003, p. 24).

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A region in this sense shall be understood to mean a Member
State or a region within the Member State, at the option of the
Member State concerned. In case of application of Article 66
of this Regulation, the area or areas fixed in Annex VI of
Regulation (EC) No 2316/1999 shall be reduced by the number
of hectares corresponding to the set-aside entitlements set up
in accordance with Article 53 and 63(2) of this Regulation in
the region concerned.

Article 102

Overrun of base areas and ceiling

crops'

the arable

1. When the sum of the areas for which payment is claimed
set-aside
scheme,
under
provided for under that scheme in case of application of
Article 71, is in excess of the base area, the eligible area per
farmer shall be reduced proportionately for all the payments
granted under this Regulation in the region in question, during
the same marketing year.

including the

2.
The sum of the payments claimed shall not be higher
than the ceiling fixed by the Commission in accordance with
Article 64(2). When the total amount of aid claimed exceeds
the fixed ceiling,
shall be reduced
proportionately in that year.

the aid per

farmer

3.
In case of application of Article 71, areas which are not
the subject of an application for payment under this Chapter
but are used to support an application for aid under Chapter
12 shall also be taken into account for the calculation of areas
for which payment is claimed.

If a Member State makes grass silage eligible for the
4.
arable crops area payments, a separate base area shall be
defined. If the base area for arable crops or grass silage is not
reached in a given marketing year, the balance of hectares shall
be allocated for the same marketing year to the corresponding
base area.

5. Where a Member State has chosen to establish one or
more national base areas, it may subdivide each national base
area into sub-base areas according to objective criteria to be
defined by the Member State.

For the purposes of applying this paragraph, the ‘Secano' and
‘Regadío' base areas shall be considered as national base areas.

the
Where there is an overshoot of a national base area,
Member State concerned may,
in accordance with objective
criteria, concentrate the measure applicable under paragraph 1
for which the
totally or partially on the sub-base areas
overshoot has been noted.

Member States which have decided to apply the possibilities
provided for in this paragraph, shall notify farmers and the
Commission by 15 September of their choices and the detailed
rules for their application.

Article 103

Regionalisation plan

The
States
regionalisation plan established by Member
pursuant to Article 3 of Regulation (EC) No 1251/1999 shall
apply.

The regionalisation plan may be revised, according to objective
criteria, by the Member State concerned at the request of the
Commission or at the initiative of that Member State.

Article 104

Basic amount

1.
The area payment shall be calculated by multiplying the
basic amount per tonne by the average cereal yield determined
in the regionalisation plan for the region concerned.

The calculation mentioned in paragraph 1 shall be made
2.
using the average cereals yield. However, where maize is
treated separately, the 'maize' yield shall be used for maize and
the ‘cereals other than maize' yield shall be used for cereals,
oilseeds, linseed and flax and hemp grown for fibre.

The basic amount

3.
in case of
application of Article 71, for set-aside shall be fixed at EUR
63,00/t from the 2005/2006 marketing year onwards.

for arable crops and,

Article 105

Durum wheat supplement

1.

A supplement to the area payment of:

— EUR 291/ha for the marketing year 2005/2006,

— EUR 285/ha for

the marketing year 2006/2007 and

onwards,

shall be paid for the area down to durum wheat
in the
traditional production zones listed in Annex X, subject to the
following limits:

Greece

Spain

France

Italy

Austria

Portugal

617 000 ha

594 000 ha

208 000 ha

1 646 000 ha

7 000 ha

118 000 ha.

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Should the total of the areas for which a supplement to
2.
the area payment is claimed be greater than the limit referred
to above during the course of a marketing year, the area per
farmer for which the supplement may be paid shall be reduced
proportionately.

The set-aside obligation for each farmer applying for area
2.
payments shall be fixed as a proportion of his area down to
arable crops and for which a claim is made and left
in
set-aside pursuant to this Chapter.

if necessary,

the production regions of

However, subject to the limits per Member State laid down in
paragraph 1, Member States may distribute the areas indicated
in that paragraph among the production zones as defined in
the
Annex X, or,
regionalisation plan, according to the extent of the production
of durum wheat during the period 1993 to 1997. Where this is
done, should the total of the areas within a region for which a
supplement to the area payment is requested be greater than
limit during the course of a
the corresponding regional
marketing year, the area per farmer in that production region
for which the supplement may be paid shall be reduced
proportionately. The reduction shall be made when, within a
Member State, the areas in regions, which have not reached
their regional limits, have been distributed to regions in which
those limits have been exceeded.

In regions where the production of durum wheat is well
3.
established, other than those referred to in Annex X, special
aid amounting to EUR 46/ha
the marketing year
2005/2006 shall be granted up to a limit of the following
number of hectares:

for

Germany

Spain

France

Italy

United Kingdom

10 000 ha

4 000 ha

50 000 ha

4 000 ha

5 000 ha.

Article 106

Flax and hemp

The basic rate of compulsory set-aside is fixed at 10 % for the
marketing years 2005/2006 and 2006/2007.

3.

The land set aside may be used for:

— producing materials

the manufacture within the
Community of products not directly intended for human
or animal consumption, provided that effective control
systems are applied;

for

— growing legume crops on a agricultural holding, managed
for the totality of its production, in compliance with the
obligations laid down in Regulation (EEC) No 2092/91.

Member States shall be authorised to pay national aid up to
the costs associated with establishing multiannual
50 % of
crops intended for bio-mass production on set-aside land.

The quantity of by-products for feed or food uses likely
4.
to be made available as a result of the cultivation of oilseeds
on land set-aside under paragraph 3 first indent shall be taken
into account for the respect of the limit of 1 million tonnes
referred to in Article 56(3).

different

5. Where
irrigated and
non-irrigated land, the payment for set-aside for non-irrigated
land apply.

yields

are

for

set

For flax and hemp grown for fibre, the area payment shall be
made only, depending on circumstances, when the contract is
concluded or commitment made as referred to in Article 2(1)
of Regulation (EC) No 1673/2000.

For hemp grown for fibre, the area payment shall also be made
under the conditions provided for in Article 52.

Article 107

Set-aside

Farmers may be granted the set-aside payment on land
6.
their obligation. Member
voluntarily set aside in excess of
States shall allow farmers to set-aside up to at least 10 % of the
crops and for which a payment
area down to arable
application is made, and left
to this
in set-aside pursuant
Article. Higher percentages may be set by a Member State
taking into account specific situations and ensuring sufficient
occupation of farmland.

In case of application of Article 66, this paragraph shall apply
according to detailed rules to be adopted by the Commission,
in accordance with the procedure referred to in Article 144(2).

1.
In case of application of Article 71, farmers applying for
the area payment shall be subject to an obligation to set aside
part of the land of their holding from production and shall
receive compensation for this obligation.

7.
Farmers who make a payment application for an area no
bigger than the area which would be needed to produce 92
tonnes of cereals, on the basis of the yields determined for
region, are not bound by the set-aside obligation.
their
Paragraph 6 shall apply to these farmers.

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8. Without prejudice to Article 108, areas:

Article 109

— set aside pursuant to agri-environment (Articles 22 to 24
of Council Regulation (EC) No 1257/1999), which are
neither put
to any agricultural use nor used for any
lucrative purposes other than those accepted for other land
set aside under this Regulation, or

Sowing and application

In order to qualify for the area payment, a farmer shall by 31
May at the latest preceding the relevant harvest have sown the
seed and by 15 May at the latest have lodged an application.

— afforested pursuant

to afforestation (Article 31 of

Regulation (EC) No 1257/1999),

Article 110

Implementing rules

as a result of an application made after 28 June 1995, may, up
to any limit per holding which may be set by the Member
State concerned, be counted as being set aside for the purposes
of the set-aside requirement indicated in paragraph 1. Such
limit shall be set only to the extent necessary to avoid a
disproportionate amount of the available budget relating to the
scheme in question being concentrated on a small number of
farms.

Detailed rules for the application of
this Chapter shall be
adopted in accordance with the procedure referred to in
Article 144(2) and in particular:

— those relating to the establishment and management of

base areas,

However, on these areas, the area payment specified in Article
104 of this Regulation shall not be granted and the support
granted under Article 24(1) or Article 31(1), second indent of
Regulation (EC) No 1257/1999 shall be limited to an amount
equal at most to the area payment for set aside specified in
Article 104 of this Regulation.

— those

relating
regionalisation plans,

to the

establishment of production

— those relating to grass silage,

— those relating to the granting of the area payment,

Member States may decide not to apply the scheme provided
for in this paragraph to a new applicant in any region in
which there is a continuing risk of a significant overshoot of
the regional base area.

— those relating to the minimum area eligible for payment;
such rules shall take particular account of the monitoring
requirements and of the desired effectiveness of the scheme
in question,

9.
Set aside areas shall not be less than 0,1 ha in size and
10 metres wide. For duly justified environmental reasons,
Member States may accept areas at least 5 metres wide and
0,05 ha in size.

Article 108

Eligible land

Applications for payments may not be made in respect of land
which, at the date provided for the area aid applications for
2003, was under permanent pasture, permanent crops or trees
or was used for non-agricultural purposes.

— those determining, for durum wheat, the eligibility for the
eligibility
and in particular
into
taken

to the area payment and the

for
of

regions

special

aid,

the

the

be

to

supplement
requirements
determination
consideration,

— those relating to set-aside, and in particular those relating
to Article 107(3); these conditions shall define the fodder
legumes that may be grown on land set aside and, with
regard to the first indent of the first paragraph of that
paragraph, may include the growing of crops without
compensation.

According to the same procedure, the Commission may:

— either make the granting of payments subject to the use of:

(i)

specific seeds;

Member States may, on terms to be determined in accordance
with the procedure referred to in Article 144(2), derogate to
the first subparagraph of this Article, provided that they take
action to prevent any significant increase in the total eligible
agricultural area.

(ii) certified seed in the case of durum wheat and flax and

hemp grown for fibre;

(iii) certain varieties in the cases of oilseeds, durum wheat,

linseed and flax and hemp grown for fibre,

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— or provide for the possibility for Member States to make

the grant of payments subject to such conditions,

— allow the dates in Article 109 to be varied in certain zones
where exceptional climatic conditions render the normal
dates inapplicable.

The ewe premium and the goat premium shall be
3.
granted in the form of an annual payment per eligible animal
farmer within the limits of
per calendar year and per
individual ceilings. The minimum number of animals
in
respect of which an application for a premium is lodged shall
be determined by the Member State. This minimum shall not
be less than 10 or greater than 50.

CHAPTER 11

SHEEP AND GOAT PREMIUMS

Article 111

Scope of application

In case of application of Article 67, Member States shall grant,
on a yearly basis, premiums or additional payments to farmers
rearing sheep and goats under the conditions provided for in
this Chapter, save as otherwise provided.

Article 112

Definitions

For the purposes of this Chapter the following definitions shall
apply:

(a)

‘ewe' shall mean any female of the ovine species having
lambed at least once or aged at least one year;

(b)

‘she-goat' shall mean any female of the caprine species
having kidded at least once or aged at least one year.

Article 113

Ewe and goat premium

A farmer keeping ewes on his holding may qualify, on
(ewe

a premium for maintaining ewes

1.
application for
premium).

2.
A farmer keeping she-goats on his holding may qualify,
on application for a premium for maintaining she-goats (goat
premium). This premium shall be granted to farmers in
specific areas where the production meets the following two
criteria:

(a) goat rearing is mainly directed towards the production of

goatmeat;

(b) goat and sheep rearing techniques are similar in nature.

A list of
procedure referred to in Article 144(2).

such areas

shall be established following the

4.
Per ewe, the amount of the premium shall be EUR 21.
However for farmers marketing sheep's milk or products based
on sheep's milk the premium per ewe shall be EUR 16,8.

Per she-goat the amount of the premium shall be EUR

5.
16,8.

Article 114

Supplementary premium

A supplementary premium shall be paid to farmers in
1.
areas where sheep and goat production constitutes a traditional
activity or contributes significantly to the rural economy.
Member States shall define these areas.
the
supplementary premium shall only be granted to a farmer
whose holding has at least 50 % of its area used for agriculture
situated in less-favoured areas defined pursuant to Regulation
(EC) No 1257/1999.

In any event

The supplementary premium shall also be granted to a

2.
farmer practising transhumance provided that:

(a) at least 90 % of the animals for which the premium is
applied are grazed for at least 90 consecutive days in an
eligible area established in accordance with paragraph 1,
and

(b) the seat of

the holding is

situated in a well-defined
geographical area for which it has been established by the
Member State that transhumance is a traditional practice of
sheep and/or
animal
movements are necessary owing to the absence of forage
in sufficient quantity during the transhumance period.

and that

rearing

these

goat

3.
The amount of the supplementary premium shall be set
at EUR 7 per ewe and per she-goat. The supplementary
premium shall be granted under the same conditions as those
laid down for the grant of the ewe and goat premium.

Article 115

Common provisions

1.
Premiums shall be paid to recipient farmers on the basis
of the number of ewes and/or she-goats kept on their holding
over a minimum period to be determined in accordance with
the procedure referred to in Article 144(2).

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Once a Regulation providing for new rules on the
2.
identification and registration of sheep and goats becomes
applicable,
to qualify for the premium an animal shall be
identified and registered in accordance with these rules.

Article 117

Transfer of premium rights

Article 116

Individual limits

1. When a farmer sells or otherwise transfers his holding,
he may transfer all his premium rights to the person who
takes over his holding.

1.
On 1 January 2005 the individual ceiling per farmer
referred to in Article 113(3), shall be equal to the number of
premium rights which he held on 31 December 2004 in
accordance with the relevant Community rules.

take the necessary measures to
2. Member States shall
ensure that the sum of premium rights on their territory does
not exceed the national ceilings set out in paragraph 4 and
that the national reserves referred to in Article 118 may be
maintained.

3.
Premium rights, which have been withdrawn pursuant to
the measure taken pursuant to paragraph 2 shall be abolished.

4.

The following ceilings shall apply:

Member State

Rights (× 1 000)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal (1)

Finland

Sweden

United Kingdom

Total

70

104

2 432

11 023

19 580

7 842

4 956

9 575

4

930

206

2 690

80

180

19 492

79 164

(1) To be adjusted at the expiry of Regulation (EC) No 1017/94.

A farmer may also transfer,

2.
rights to other farmers without transferring his holding.

in whole or in part, his

the
In the case of a transfer of rights without transfer of
holding, a part of
transferred, not
exceeding 15 %, shall be surrendered, without compensation to
the national reserve of the Member State where his holding is
situated for redistribution free of charge.

the premium rights

Member States may acquire premium rights from farmers who
agree, on a voluntary basis, to surrender their rights, in whole
or in part. In this case payments for the acquisition of such
rights may be made to such farmers either from national
budgets or as provided for under Article 119(2), fifth indent.

By way of derogation from paragraph 1 and in duly justified
circumstances, Member States may provide that in the case of
a sale or other transfer of the holding, the transfer of rights is
carried out by the intermediary of the national reserve.

3. Member States may take the necessary measures to avoid
premium rights being moved away from sensitive zones or
regions where sheep production is especially important for the
local economy.

4. Member States may authorise, before a date that they
the
temporary transfers of
shall determine,
premium rights, which are not intended to be used by the
farmer who holds them.

that part of

Article 118

National reserve

Each Member State shall maintain a national reserve of

1.
premium rights.

Any premium rights withdrawn pursuant

2.
to Article
117(2) or other Community provisions shall be added to the
national reserve.

3. Member States may allocate premium rights to farmers,
within the limits of their national reserves. When making the
to
allocation they
newcomers, young farmers or other priority farmers.

give precedence

in particular

shall

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Article 119

3.

The following global amounts shall apply:

(expressed in thousands of euro)

Additional payments

1.
In case of application of Article 71, Member States shall,
on a yearly basis, make additional payments totalling the
global amounts set out in paragraph 3 of this Article.

Member States may decide to supplement the global amounts
set out in paragraph 3 of this Article by reducing the amounts
of the payments referred to in Article 113. The reduction in
the amounts, which may be applied on a regional basis, shall
not exceed one euro.

criteria

including,

in particular,

The payments shall be made, on a yearly basis, according to
objective
relevant
production structures and conditions, and in such a way as to
ensure equal treatment between producers and to avoid market
and competition distortions. Moreover, such payments shall
not be linked to fluctuations of market prices. They may be
made on a regional basis.

the

2.

Payments may include, in particular, the following:

— payments

to farmers

types of
production,
related to quality, which are
important for the local economy or the protection of the
environment;

engaged in specific

in particular

— an increase in the premium set out in Article 113. The
additional amounts may be subject to the application of
stocking density requirements,
to be determined by the
Member State according to local conditions;

— support

for

restructuring of

farmers' holdings or

the

development of producers' organisations;

— area payments to farmers, to be granted per hectare of
forage area, which is available to a farmer during the
calendar year concerned and in respect of which no
payments are claimed for the same year under the support
system for farmers producing certain arable crops, under
the aid system for dried fodder and under Community aid
schemes for other permanent or horticultural crops;

— payments to farmers who surrender

their

rights on a

voluntary basis pursuant to Article 117(2);

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

64

79

1 793

8 767

18 827

7 083

4 875

6 920

4

743

185

2 275

61

162

20 162

Article 120

Ceilings

The sum of
the amounts of each premium or additional
payment claimed shall not exceed the limit of the ceiling, fixed
by the Commission in accordance with Article 64(2).

When the total amount of aid claimed exceeds the fixed
ceiling, the aid per farmer shall be reduced proportionately in
that year.

CHAPTER 12

BEEF AND VEAL PAYMENTS

Article 121

Scope of application

— support

for

the

improvement

and rationalisation of

processing and marketing of sheep and goatmeat.

In case of application of Article 68, Member States shall grant,
under the conditions set out in this Chapter, save as otherwise
the aid or aids chosen by the Member State
provided,
concerned according to that Article.

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Article 122

Definitions

and of the Council of 17 July 2000 establishing a system
for the identification and registration of bovine animals
and regarding the labelling of beef and beef products (1)
containing all relevant information on its premium status
or, if not available, an equivalent administrative document.

For the purposes of this Chapter:

(a)

‘region' shall mean a Member State or a region within a
the Member State
the option of
Member State, at
concerned,

(b)

‘bull' shall mean an uncastrated male bovine animal,

(c)

‘steer' shall mean a castrated male bovine animal,

(d)

‘suckler' cow shall mean a cow belonging to a meat breed
or born of a cross with a meat breed, and belonging to a
herd intended for rearing calves for meat production,

(e)

‘heifer' shall mean a female bovine animal from the age of
eight months which has not yet calved.

Article 123

Special premium

4. When in a given region the total number of bulls from
the age of nine months and of steers from nine months to 20
months of age, for which an application has been made and
which satisfy the conditions for granting the special premium
exceeds the regional ceiling referred to in paragraph 8, the
number of all eligible animals under paragraph 2(a) and (b) per
farmer
reduced
proportionately.

question

shall

year

the

for

be

in

Within the meaning of this Article, ‘regional ceiling' shall mean
the number of animals entitled to benefit, in a region and per
calendar year, from the special premium.

By way of derogation from paragraphs 1 and 4, Member

5.
States may:

— on the basis of objective criteria that are part of a rural
development policy and only on the condition that they
take into account environmental as well as employment
aspects, change or waive the headage limit of 90 animals
per holding and age bracket, and,

1.
A farmer holding male bovine animals on his holding
may qualify, on application, for a special premium. It shall be
granted in the form of an annual premium per calendar year
and per holding within the limits of regional ceilings for not
more than 90 animals for each of the age brackets referred to
in paragraph 2.

— where exercising this power, decide to apply paragraph 4
in such a way as to reach the level of reductions required
to comply with the applicable regional ceiling, without
applying such reductions to small farmers who, in respect
of the year in question, did not submit special premium
applications for more than a minimum number of animals
determined by the Member State concerned.

2.

The special premium shall be granted no more than:

(a) once in the life of each bull from the age of nine months,

or

6. Member States may decide to grant the special premium
at the time of slaughter. In this case, for bulls the age criterion
referred to in paragraph 2(a) shall be replaced by a minimum
carcass weight of 185 kilograms.

(b) twice in the life of each steer:

The premium shall be paid or passed back to the farmers.

— the first time at the age of nine months,

— the second time after it has reached the age of 21

months.

The United Kingdom shall be authorised to apply in Northern
Ireland a system for granting the special premium which
differs from that applied in the remainder of its territory.

3.

To qualify for the special premium:

7.

The amount of the special premium shall be set at:

(a) any animal covered by an application shall be held by the

(a) EUR 210 per eligible bull;

farmer for fattening for a period to be determined,

(b) each animal shall be covered until slaughter or until export
referred to in Article 6 of
by an animal passport
Regulation (EC) No 1760/2000 of the European Parliament

(b) EUR 150 per eligible steer and age bracket.

(1) OJ L 204, 11.8.2000, p. 1.

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8.

The following regional ceilings apply:

— EUR 54,34 per animal slaughtered during the 16th and

17th weeks in a given year,

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

235 149

277 110

1 782 700

143 134
713 999 (1)
1 754 732 (2)

1 077 458

598 746

18 962

157 932

373 400
175 075 (3) (4)

250 000

250 000
1 419 811 (5)

(1) Without prejudice to the specific rules

laid down in Regulation (EC)

No 1454/2001.

(2) Without prejudice to the specific rules

laid down in Regulation (EC)

No 1452/2001.

(3) Without prejudice to the specific rules

laid down in Regulation (EC)

No 1453/2001.

(4) To be adjusted at the expiry of Regulation (EC) No 1017/94.
(5) This ceiling shall be temporarily increased by 100 000 tom 1 519 811 until

such time as live animals under six months of age may be exported.

Article 124

Deseasonalisation premium

In case of application of Article 71 where, in a Member

1.
State the number of steers:

(a) slaughtered in a given year exceeds 60 % of total annual

slaughterings of male bovine animals, and

(b) slaughtered during the period 1 September

to 30
November in a given year exceeds 35 % of total annual
slaughterings of steers,

farmers may qualify, on application, for an additional premium
to the special premium (deseasonalisation premium). However,
if both triggering rates referred to above are reached in Ireland
or in Northern Ireland, the premium shall apply in Ireland and
in Northern Ireland.

For
the purpose of applying this Article in the United
Kingdom, Northern Ireland shall be regarded as a separate
entity.

— EUR 36,23 per animal slaughtered during the 18th to the

21st week in a given year, and

— EUR 18,11 per animal slaughtered during the 22nd and

23rd weeks in a given year.

taking into account

is not
3. Where the rate referred to in paragraph 1(b)
achieved,
the penultimate sentence of
paragraph 1, Member States whose farmers have previously
received the deseasonalisation premium may decide to grant
this premium at
in
paragraph 2.

the rate of 60 % of

the amounts set

In such case, the Member State concerned:

(a) may decide to grant this premium for the first two or

three of the periods in question only,

(b) shall ensure the measure is financially neutral in respect of

the same budget year by accordingly reducing:

— the amount of the second age bracket of the special
premium applicable to steers granted in that Member
State, and/or

— the additional payments to be made under Section 2,
the reduction
inform the Commission of

and shall
measure applied.

the purpose of applying this measure,

For
Northern Ireland shall be regarded as one entity for
calculation of
consequently for qualification for the premium.

Ireland and
the
the rate referred to in paragraph 1(a) and

4.
In order to establish whether the percentages referred to
in this Article have been exceeded, account shall be taken of
slaughterings carried out during the second year preceding
that
in which the animal qualifying for the premium was
slaughtered.

Article 125

Suckler cow premium

A farmer keeping suckler cows on his holding may
1.
qualify, on application, for a premium for maintaining suckler
cows (suckler cow premium). It shall be granted in the form of
an annual premium per calendar year and per farmer within
the limits of individual ceilings.

2.

The amount of this premium shall be set at:

2.

The suckler cow premium shall be granted to any farmer:

— EUR 72,45 per animal slaughtered during the first 15

weeks in a given year,

(a) not supplying milk or milk products from his farm for 12
months from the day on which the application is lodged.

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The supply of milk or milk products directly from the
holding to the consumer shall not, however, prevent grant
of the premium,

these
the additional premium in total. Any overshoot of
percentages is established on the basis of the average of the
two years preceding that for which the premium is granted.

(b) supplying milk or milk products whose total

individual
reference quantity as referred to in Article 4 of Regulation
(EEC) No 3950/92 does not exceed 120 000 kilograms.
However, Member States may decide on the basis of
to change or
objective criteria, which they determine,
waive this quantitative limit,

6.
For the purposes of this Article, only heifers belonging to
a meat breed or born of a cross with a meat breed and
belonging to a herd intended for rearing calves for meat
production shall be taken into account.

provided that the farmer keeps, for at least six consecutive
months from the day on which the application is lodged a
number of suckler cows at least equal to 60 % and of heifers at
most equal to 40 % of the number for which the premium was
requested.

Article 126

Individual ceiling for suckler cow

For
the purposes of determining the number of eligible
animals under points (a) and (b) of the first paragraph of
paragraph 2 of this Article, whether cows belong to a suckler
herd or to a dairy herd shall be established on the basis of the
beneficiary's individual reference quantity as defined in Article
95(2) and the average milk yield.

3.
The farmers' entitlement to the premium shall be limited
by the application of an individual ceiling as defined in Article
126.

An aid shall be granted to each farmer of suckler cow
the individual ceilings established in

1.
within the limit of
application of Article 7 of Regulation (EC) No 1254/1999.

2. Member States shall take the necessary steps to ensure
that the sum of premium rights on their territory does not
exceed the national ceilings set out in paragraph 5 of this
Article and that the national reserves referred to in Article 128
may be maintained.

Per eligible animal, the amount of the premium shall be

4.
set at EUR 200.

3. Where the adjustment referred to in paragraph 2 requires
a reduction of individual ceilings held by farmers, it shall be
carried out without compensatory payment and decided on the
basis of objective criteria, including, in particular:

5.
In case of application of Article 68(a)(i), Member States
may grant an additional national suckler cow premium, up to
a maximum of EUR 50 per animal, provided that no
discrimination is caused between stockfarmers in the Member
State concerned.

— the rate at which farmers have used their

individual
ceilings during the three reference years prior to the year
2000,

In respect of holdings located in a region as defined in Articles
3 and 6 of Council Regulation (EC) No 1260/1999 of 21 June
1999 laying down general provisions on the Structural
Funds (1), the first EUR 24,15 per animal of this additional
premium shall be financed by the Guarantee Section of the
European Guidance and Guarantee Fund (EAGGF).

— the implementation of an investment or extensification

programme in the beef and veal sector,

— particular natural circumstances or

the application of
resulting in a non-payment or a reduced

penalties,
payment of the premium for at least one reference year,

In respect of holdings located throughout the territory of a
Member State,
if in the Member State concerned the cattle
population has a high proportion of suckler cows, representing
at least 30 % of the total number of cows, and if at least 30 %
of male bovine animals slaughtered belong to conformation
classes S and E, the Guarantee Section of EAGGF shall finance

— additional exceptional circumstances having the effect that
the payments made for at least one reference year do not
correspond to the actual situation as established during the
previous years.

(1) OJ L 161, 26.6.1999, p. 1. Regulation as

last amended by

Regulation (EC) No 1105/2003 (OJ L 158, 27.6.2003, p. 3).

Premium rights which have been withdrawn pursuant to

4.
the measure provided for in paragraph 2 shall be abolished.

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5.

The following national ceilings shall apply:

where beef and veal production is particularly important
for the local economy;

Belgium

Denmark

Germany

Greece

Spain (1)

France (2)

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal (3) (4)

Finland

Sweden

394 253

112 932

639 535

138 005

1 441 539

3 779 866

1 102 620

621 611

18 537

63 236

375 000

416 539

55 000

155 000

United Kingdom

1 699 511

(1) Without prejudice to the specific rules

laid down in Regulation (EC)

No 1454/2001.

(2) Without prejudice to the specific rules

laid down in Regulation (EC)

No 1452/2001.

(3) Without prejudice to the specific rules

laid down in Regulation (EC)

No 1453/2001.
(4) To be increased at

the expiry of Regulation (EC) No 1017/94 by the
premiums resulting from the application of that Regulation in 2003 and
2004.

Article 127

Transfer of suckler cow premium rights

1. When a farmer sells or otherwise transfers his holding,
he may transfer all his suckler cow premium rights to the
person who takes over his holding. He may also transfer, in
whole or
farmers without
transferring his holding.

in part, his

to other

rights

In the case of transfer of premium rights without transfer of
the holding a part of the transferred rights, which shall not
exceed 15 %, shall be returned without compensatory payment
to the national reserve of the Member State where the holding
is situated for redistribution free of charge.

2.

The Member States:

(b) may provide either that

the transfer of rights without
the holding is carried out directly between
transfer of
farmers or that it is carried out through the intermediary
of the national reserve.

3. Member States may authorise, before a date to be
determined, temporary transfers of part of the premium rights
which are not intended to be used by the farmer who holds
them.

Article 128

National reserve of suckler cow premium rights

Each Member State shall maintain a national reserve of

1.
suckler cow premium rights.

Any premium rights withdrawn pursuant

2.
to Article
127(1) or other Community provisions shall be added to the
national reserve, without prejudice to Article 126(4).

3.
The Member States shall use their national reserves for
allocating, within the limits of those reserves, premium rights
in particular to newcomers, young farmers and other priority
farmers.

Article 129

Heifers

1.
By way of derogation from Article 125(3), Member States
where more than 60 % of suckler cows and heifers are kept in
mountain areas within the meaning of Article 18 of Council
Regulation (EC) No 1257/1999 may decide to manage the
granting of the suckler cow premium for heifers separately
from that for suckler cows within the limits of a separate
national ceiling to be set up by the Member State concerned.

Such separate national ceiling shall not exceed 40 % of the
national ceiling of the Member State concerned set out in
Article 126(5). That national ceiling shall be reduced by an
to the separate national ceiling. When in a
amount equal
in this
Member State exercising the power provided for
paragraph,
for which an
total number of heifers,
application has been made, and which satisfy the conditions
for granting the suckler cow premium, exceeds the separate
national ceiling, the number of eligible heifers per farmer for
the year in question shall be reduced proportionately.

the

(a) shall

take the necessary measures to prevent premium
rights being transferred outside sensitive areas or regions

2.
For the purpose of this Article, only heifers belonging to
a meat breed or born of a cross with a meat breed shall be
taken into account.

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Article 130

Slaughter premium

A farmer keeping bovine animals on his holding may
1.
qualify, on application, for a slaughter premium. It shall be
granted on slaughter of eligible animals or their export to a
third country and within national ceilings to be determined.

The following shall be eligible for the slaughter premium:

(a) bulls, steers, cows and heifers from the age of eight

months,

(b) calves of more than one and less than eight months old

and of carcass weight up to 185 kg,

provided they have been held by the farmer for a period to be
determined.

2.

The amount of the premium shall be set at:

(a) EUR 80 per eligible animal as specified under paragraph

1(a);

from 1 January 2003. This stocking density shall be expressed
in LU per unit of forage area of the holding used for the
animals carried on it. However, a farmer shall be exempt from
the application of
the number of
animals held on his holding and to be taken into account for
determining the stocking density is not more than 15 LU.

the stocking density if

For determining the stocking density on the holding,

2.
account shall be taken of:

(a)

the male bovine animals, suckler cows and heifers, sheep
and/or goats for which premium applications have been
submitted, as well as the dairy cows needed to produce the
total reference quantity of milk allocated to the farmer. The
number of animals shall be converted to LU by reference
to the following conversion table:

Male bovine animals and heifers older than
24 months, suckler cows, dairy cows

Male bovine animals and heifers from six
months to 24 months

Sheep

Goats

1,0 LU

0,6 LU

0,15 LU

0,15 LU

(b) EUR 50 per eligible animal as specified under paragraph

1(b).

(b) the forage area, meaning the area of the holding available
throughout the calendar year for rearing bovine animals
and sheep and/or goats. The forage area shall not include:

3.
The national ceilings referred to in paragraph 1 shall be
established per Member State and separately for both groups
of animals as specified in (a) and (b) thereof. Each ceiling shall
be equal to the number of animals of each of these two groups
which in 1995 were
slaughtered in the Member State
concerned to which are added those animals exported to third
countries, according to Eurostat data or any other published
information for that year accepted by the
official statistical
Commission.

4. When in a given Member State the total number of
animals, for which an application has been made in respect of
one of the two groups of animals specified in (a) or (b) of
paragraph 1, and which satisfy the conditions for granting the
slaughter premium exceeds the national ceiling laid down for
that group, the number of all eligible animals under that group
reduced
for
farmer
per
proportionately.

in question shall be

the year

— buildings, woods, ponds, paths,

— areas used for other crops eligible for Community aid
or for permanent crops or horticultural crops, except
permanent pasture
for which area payments are
granted pursuant to Article 136 or, as the case may be,
Article 96,

— areas qualifying for the support system laid down for
the farmers producing certain arable crops, used for
the aid scheme for dried fodder or subject to a national
or Community set-aside scheme.

Forage area shall include areas in shared use and areas which
are subject to mixed cultivation.

Article 131

Stocking density

Article 132

Extensification payment

qualifying

In case of application of Article 71, the total number of
1.
animals
the
suckler-cow premium shall be limited by the application of a
stocking density on the holding of two livestock units (LU) per
hectare and calendar year. The stocking density shall be 1,8 LU

special premium and

the

for

1.
In case of application of Article 71, farmers receiving the
special premium and/or the suckler cow premium may qualify
for an extensification payment.

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The extensification payment shall be EUR 100 per special
2.
premium and suckler cow premium granted, provided that in
respect of the calendar year concerned the stocking density on
the holding concerned is less than or equal to 1,4 LU per
hectare.

shall be made according to
this Article. Such payments
objective
relevant
in particular,
including,
criteria
production structures and conditions, and in such a way as to
ensure equal treatment between farmers and to avoid market
and competition distortions. Moreover, such payments shall
not be linked to fluctuations of market prices.

the

States may

However, Member
the
extensification payment at an amount of EUR 40 for a
stocking density of 1,4 LU per hectare or more and less or
equal to 1,8 LU per hectare, and at an amount of EUR 80 for a
stocking density of less than 1,4 LU per hectare.

decide

grant

to

3.

For the purposes of the application of paragraph 2:

(a) by way of derogation from Article 131(2)(a), the stocking
density of the holdings shall be determined by taking into
account the male bovine animals, cows, and heifers present
thereon during the calendar year concerned, as well as the
sheep and/or goats for which premium applications have
been submitted for the same calendar year. The number of
animals shall be converted to LU by reference to the
conversion table referred to in Article 131(2)(a);

(b) without prejudice to the third indent of Article 131(2)(b),
areas used for the production of arable crops as defined in
Annex IX shall not be taken as ‘forage area';

(c)

the forage area to be taken into account for the calculation
of the stocking density shall consist of at least 50 % of
pasture land.

‘Pasture land' shall be defined by Member States. The definition
shall include at least the criterion that pasture land shall be
is
grassland which,
recognised as being destined for grazing bovine animals and/or
sheep. However,
this shall not exclude the mixed use of
pasture land during the same year (pasture, hay, grass silage).

following the local

farming practices

Additional payments may be made in the form of

2.
headage payments and/or area payments.

3.

The following global amounts apply:

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

39,4

11,8

88,4

3,8

33,1

93,4

31,4

65,6

3,4

25,3

12,0

6,2

6,2

9,2

63,8

4. Without prejudice to the stocking density requirements
set out in paragraph 2 of this Article, farmers in Member
States where more than 50 % of milk production takes place in
mountain areas within the meaning of Article 18 of Regulation
(EC) No 1257/1999 and whose holdings are located in such
areas, may receive extensification payments as set out in that
paragraph for the dairy cows kept thereon.

Article 134

Headage payments

1.

Headage payments may be granted for:

In accordance with the procedure referred to in Article
5.
144(2), the Commission shall if necessary, adjust the amounts
in
set out
particular, of
the
payment for the preceding calendar year.

this Article,
the number of animals qualifying for

in paragraph 2 of

taking account,

(a) male bovine animals,

(b) suckler cows,

(c) dairy cows,

(d) heifers.

Article 133

Additional payments

1.
In case of application of Article 71, Member States shall,
on a yearly basis, make additional payments to farmers in their
territory totalling the global amounts set out in paragraph 3 of

Headage payments may be granted as supplementary
2.
amounts per slaughter premium unit as set out in Article 130,
except for calves.
In the other cases, the grant of headage
payments shall be subject:

(a)

to the special conditions set out in Article 135,

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(b) to specific stocking density requirements to be established

by Member States.

The specific stocking density requirements

3.
established:

shall be

— on the basis of

the forage area referred to in Article
131(2)(b), with the exception of areas for which area
payments are granted in accordance with Article 136,

— taking account of, in particular, the environmental impact
of the type of production concerned, the environmental
the land used for rearing cattle and the
sensitivity of
measures which have been implemented with a view to
stabilise or improve the environmental situation of this
land.

Headage payments for heifers other than those referred
4.
to in paragraph 2 may be granted per Member State and
calendar year for no more than a number of heifers equal to
the average number of slaughterings of heifers during the years
1997, 1998 and 1999 deriving from Eurostat statistics for these
years or any other published official statistical information for
these years accepted by the Commission.

Article 136

Area payments

Area payments shall be granted per hectare of permanent

1.
pasture:

(a) which is available to a farmer during the calendar year

concerned,

Article 135

Conditions for the headage payment

(b) which is not used to comply with the specific stocking
density requirements referred to in Article 134(3), and

1.
Headage payments for male bovine animals may be
granted per calendar year for no more than a number of
animals in a Member State:

(c)

— equal

to the

regional
concerned set out in Article 123(8), or

ceiling of

the Member State

in respect of which no payments under the support system
laid down for farmers producing certain arable crops,
and under
aid system for dried fodder
under
the
or
schemes
aid
Community
horticultural crops are claimed for the same year.

permanent

other

for

— equal to the number of male bovine animals for which

premiums were granted in 1997, or

— equal

to the average number of slaughterings of male
bovine animals during the years 1997, 1998 and 1999
deriving from Eurostat statistics for these years or any
other published official statistical
information for these
years accepted by the Commission.

Member States may also provide for a headage limit of number
of male bovine animals per holding to be determined by the
Member State on a national or regional basis.

Only male bovine animals from the age of eight months shall
be eligible.
the time of
If headage payments are made at
slaughter, Member States may decide to replace this condition
by a minimum carcase weight of at least 180 kilograms.

2.
Headage payments for suckler cows and heifers qualifying
for suckler cow premium under Article 125(4) and Article 129
may only be granted as a supplementary amount per suckler
cow premium unit as set out in Article 125(4).

Headage payments for dairy cows may only be granted as
3.
amount per tonne of reference quantity eligible for premium
available on the holding to be established in accordance with
Article 95(2).

Article 134(2)(b) shall not apply.

2.
The area of permanent pasture in a region for which
area payments may be granted shall not exceed the relevant
regional base area.

Regional base areas shall be established by Member States as
the average number of hectares of permanent pasture available
for rearing bovine animals during the years 1995, 1996 and
1997.

3.
The maximum area payment per hectare which may be
granted, including, as the case may be, area payments pursuant
to Article 96 shall not exceed EUR 350.

Article 137

Transmission of information

Any changes of national arrangements concerning the granting
of
communicated to the
shall be
Commission not later than one month after their adoption.

additional payments

Article 138

Common provisions

To qualify for direct payments under this chapter, an animal
shall be identified and registered in accordance with Regulation
(EC) No 1760/2000.

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Article 139

Ceilings

chapter

shall not

The sum of the amounts of each direct payment claimed under
this
fixed by the
exceed a
Commission in accordance with Article 64(2) corresponding to
the component of each of these direct payments in the ceiling
referred to in Article 41.

ceiling,

CHAPTER 13

GRAIN LEGUMES AID

Article 141

Scope of application

When the total amount of aid claimed exceeds the fixed
ceiling, the aid per farmer shall be reduced proportionately in
that year.

In case of application of Article 71, Member States concerned,
shall grant an aid for the production of the following grain
legumes:

(a)

lentils other
ex 0713 40 00;

than for

sowing covered by CN code

Article 140

ex 0713 20 00;

(b) chick peas other than for sowing covered by CN code

Substances prohibited under Directive 96/22/EC

(c) vetches of the species Vicia sativa L. and Vicia ervilla Willd.

covered by CN code ex 0713 90 90 (other).

1. Where residues of substances prohibited under Directive
96/22/EC (1), or residues of substances authorised under the
aforementioned act but used illegally, are detected pursuant to
the relevant provisions of Directive 96/23/EC (2), in an animal
belonging to the bovine herd of a farmer, or where a
non-authorised substance or product, or a substance or
product authorised under Directive 96/22/EC but held illegally
is found on the farmer's holding in any form, the farmer shall
be excluded,
from
for the calendar year of
receiving the amounts provided for under this Chapter.

that discovery,

In the event of a repeated infringement, the length of the
the
exclusion period may, according to the seriousness of
offence, be extended to five years as from the year in which
the repeated infringement was discovered.

2.
In the event of obstruction on the part of the owner or
holder of the animals when inspections are being carried out
and when the samples are being taken which are necessary for
the application if national residue-monitoring plans or when
the investigations and checks provided for under Directive
96/23/EC are being carried out, the penalties provided for in
paragraph 1 of this Article shall apply.

(1) Council Directive 96/22/EC of 29 April 1996 concerning the
prohibition on the use in stockfarming of certain substances having
a hormonal or thyrostatic action and of β-agonists, and repealing
Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ L 125,
23.5.1996, p. 3).

(2) Council Directive 96/23/EC of 29 April 1996 on measures to
monitor certain substances and residues thereof in live animals and
animal products
and repealing Directives 85/358/EEC and
86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125,
23.5.1996, p. 10). Directive as amended by Regulation (EC) No
806/2003 (OJ L 122, 16.5.2003, p. 1).

Article 142

Aid

1.
the
The aid shall be granted by marketing year for
production of the grain legumes covered by Article 141. The
marketing year shall run from 1 July to 30 June.

An arable plot which is the subject of an application for aid
per hectare under a system financed in accordance with Article
1(2)(b) of Regulation (EC) No 1258/1999 shall be excluded
from eligibility for payment of the aid provided for by this
system.

2. Without prejudice to Article 143, the aid per hectare of
area sown and harvested shall be EUR 181 per hectare.

Article 143

Ceiling

The sum of the aid claimed shall not be higher than a ceiling,
fixed by the Commission in accordance with Article 64(2),
corresponding to the component of grain legumes area
payments referred to in Annex VI
in the national ceiling
referred to in Article 41.

When the total amount of aid claimed exceeds the fixed
ceiling, the aid per farmer shall be reduced proportionately in
that year.

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TITLE V

TRANSITIONAL AND FINAL RULES

Article 144

Management Committee for Direct Payments

as well as detailed rules relating to compliance with the
Memorandum of Understanding on certain oil
seeds
between the European Economic Community and the
United States of America within the framework of
the
GATT approved by Decision 93/355/EEC (1);

1.
The Commission shall be assisted by the Management
Committee for Direct Payments, consisting of representatives of
the Member States and chaired by a representative of
the
Commission.

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

The period provided for
1999/468/EC shall be set at one month.

in Article 4(3) of Decision

3.

The Committee shall adopt its Rules of Procedure.

(e) with regard to durum wheat, detailed rules relating to the

quantities of certified seeds and recognised varieties;

(f) with regard to energy crops, detailed rules relating to the
definition of crops covered by the scheme, minimal
requirements for the contract, control measures on the
quantity processed and processing on the holding;

specific

(g) with regard to hemp grown for fibre, detailed rules relating
for
control measures
including the
commitment

to the
determining tetrahydrocannabinol
arrangements
for
referred to in Article 52;

and methods

and to the

contracts

levels

Article 145

Implementing Rules

(h) such amendments to Annex I as may become necessary

taking into account the criteria set out in Article 1;

In accordance with the procedure referred to in Article 144(2),
detailed rules shall be adopted for the implementation of this
Regulation. They shall include in particular:

(a) detailed rules

related to the establishment of a farm

advisory system;

(b) detailed rules related to the definition of the criteria for the
allocation of amounts made available by the application of
modulation;

(c) detailed rules related to the granting of aids provided for in
this Regulation,
including eligibility conditions, dates of
application and payment and control provisions as well as
checking and establishing entitlement to the aids including
any necessary exchange of data with the Member States,
and the establishment of the overrun of the base areas or
maximum guaranteed areas as well as detailed rules
concerning the withdrawal and reallocation of unused
premium rights established under Chapter 11 and 12;

(d) with regard to the single payment scheme, detailed rules
to the establishment of national
relating in particular
the definition of
reserve,
permanent crops, permanent pastures, agricultural
land
and grassland, the options provided for in Chapter 5 of
Title III and the list of crops allowed on the set-aside land

the transfer of entitlements,

(i)

(j)

such amendments to Annexes II, VI, VII, IX, X and XI as
may become necessary taking into account,
in particular
new Community legislation and, as far as it concerns
Annex VIII, in case of application of Article 62 and, as the
case may be, in function of the information communicated
by the Member States in relation to the part of
the
reference amounts corresponding to the payments for
arable crops, as well as
the ceiling
themselves, to be increased in function of the difference
between the area actually determined and the area for
which premiums were paid for arable crops in 2000 and
2001, in application of Article 9(2) and (3) of Commission
Regulation (EEC) No 3887/92 (2), within the limit of the
base areas (or maximum guaranteed area for durum wheat)
and taking into account the average national yield used for
the calculation of Annex VIII;

the amounts of

the basic
features of
agricultural parcels and their definition;

the

identification system for

(k) any amendments which may be made

aid
application and exemption from the requirement to submit
an aid application;

to the

(1) OJ L 147, 18.6.1993, p. 25.
(2) Commission Regulation (EEC) No 3887/92 of 23 December 1992
laying
integrated
administration and control system for certain Community aid
schemes (OJ L 391, 31.12.1992, p. 36). Regulation repealed by
Regulation (EC) No 2419/2001 (OJ L 327, 12.12.2001, p. 11).

applying

detailed

down

rules

the

for

21.10.2003

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L 270/47

(l)

rules on the minimum amount of
included in the aid applications;

information to be

The programme shall be prepared and implemented by the
competent authorities designated by the Member State.

(m) rules on the administrative and on-the-spot checks and the

checks by remote sensing;

(n) rules on the application of reductions and exclusions from
payments in case of non-compliance with the obligations
including cases of
referred to in Articles 3 and 24,
non-application of reductions and exclusions;

(o) such amendments to Annex V as may become necessary

taking into account the criteria set out in Article 26;

(p) communications between the Member States and the

Commission;

(q) measures which are both necessary and duly justified to
resolve, in an emergency, practical and specific problems,
those related to the implementation of
in particular
Chapter 4 of Title II and Chapter 5 of Title III. Such
measures may derogate
this
Regulation, but only to the extent that, and for such a
period, as is strictly necessary.

from certain parts of

Article 146

Transmission of information to the Commission

Member States shall inform the Commission in detail of the
measures
in
particular, those relating to Articles 5, 13, 42 and 58.

this Regulation and,

taken to implement

Article 147

Amendments to Regulations (EEC) No 2019/93, (EC) No
1452/2001, No 1453/2001, No 1454/2001

in

The Community shall finance the programme up to
2.
an annual amount equal to the sum of premiums actually
paid
(EC) No
1254/1999 (**), to this Regulation and to Regulation (EC)
No 2529/2001 (***) for producers established in the minor
Aegean Islands.

to Regulation

pursuant

2003

The Commission shall increase such amount in order to
the local
take into consideration the development of
production. However, the annual amount shall in no case
be higher than the sum of the ceilings applicable in 2003
for beef premiums pursuant to this Regulation multiplied
by the base and complementary premiums and payments
applicable in 2003 and the sum of all premiums rights
held by producers established in the minor Aegean Islands
at the date of 30 June 2003 pursuant to Regulation (EC)
No 2529/2001 and the pertinent proportion of
the
national reserve multiplied by the premiums and payments
applicable in 2003.

the

adopt

The Commission shall

3.
implementing
arrangements, approve and modify the programme as well
as fix and increase the amount provided for in paragraph
2, first subparagraph, of this Article in accordance with the
procedure referred to in Article 144(2) of Regulation (EC)
No 1782/2003 + The Commission may, in accordance with
the same procedure, revise the limit set forth in paragraph
2, second subparagraph.

Before 15 April every year, Greek authorities shall
4.
present a report on the implementation of the programme.

(*) OJ L 270, 21.10.2003, p. 1.
(**) OJ L 160, 26.6.1999, p. 21. Regulation as

last
amended by Regulation (EC) No 806/2003 (OJ L 122,
16.5.2003, p. 1).

(***) OJ L 341, 22.12.2001, p. 3.'

1) Article 6 of Regulation (EEC) No 2019/93 shall be replaced

replaced by the following:

2) Article 9 of Regulation (EC) No 1452/2001 shall be

by the following:

‘Article 6

‘Article 9

1.
In case of application of the exclusion provided for in
Article 70 of Council Regulation (EC) No 1782/2003 (*) of
29 September 2003 establishing common rules for direct
support schemes under the Common Agricultural Policy
and establishing certain support schemes for farmers, the
Hellenic Republic shall present
to the Commission a
programme to assist traditional activities connected with
beef and veal, as well as sheep and goat production, within
the consumption needs of minor Aegean
the limits of
Islands.

1.
In case of application of the exclusion provided for in
Article 70 of Regulation (EC) No 1782/2003 of 29
September 2003 establishing common rules for direct
support schemes under the common agricultural policy
and establishing certain support schemes for farmers (*),
France shall present to the Commission programmes to
assist traditional activities connected with beef and veal, as
to
well as
the
improve product quality, within the
consumption needs of the French Overseas Departments.

sheep and goat production and measures

limits of

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21.10.2003

The programmes shall be prepared and implemented by
the competent authorities designated by the Member State.

The programme shall be prepared and implemented by
the competent authorities designated by the Member
State.

in

2.
The Community shall finance the programmes up to
an annual amount equal to the sum of premiums actually
paid
(EC) No
1254/1999 (**), to this Regulation and to Regulation (EC)
No 2529/2001 (***) for producers established in the French
Overseas Departments.

to Regulation

pursuant

2003

The Commission shall increase such amount in order to
take into consideration the development of
the local
production. However, the annual amount shall in no case
be higher than the sum of the ceilings applicable in 2003
for beef premiums pursuant
to Regulation (EC) No
1452/2001 multiplied by the base and complementary
premiums and payments applicable in 2003 and the sum
of all premiums rights held by producers established in the
French Overseas Departments at the date of 30 June 2003
pursuant
to Regulation (EC) No 2529/2001 and the
pertinent proportion of the national reserve multiplied by
the premiums and payments applicable in 2003.

the

adopt

The Commission shall

3.
implementing
arrangements, approve and modify the programmes as well
as fix and increase the amount provided for in paragraph
2, first subparagraph of this Article, in accordance with the
procedure referred to in Article 144(2) of Regulation (EC)
No 1782/2003. The Commission may, in accordance with
the same procedure, revise the limit set forth in paragraph
2, second subparagraph.

Before 15 April every year, French authorities shall
the

implementation

report

the

on

of

4.
present
programmes.

a

(*) OJ L 270, 21.10.2003, p. 1.
(**) OJ L 160, 26.6.1999, p. 21. Regulation as

last
amended by Regulation (EC) No 806/2003 (OJ L 122,
16.5.2003, p. 1).

(***) OJ L 341, 22.12.2001, p. 3.'

3) Regulation (EC) No 1453/2001 is hereby amended as

follows:

The Community shall finance the programme up
2.
to an annual amount equal to the sum of premiums
actually paid in 2003 pursuant to Regulation (EC) No
1254/1999 (**), to this Regulation and to Regulation
(EC) No 2529/2001 (***) for producers established in
Madeira.

The Commission shall increase such amount in order
to take into consideration the development of the local
production. However, the annual amount shall in no
case be higher than the sum of the ceilings applicable
in 2003 for beef premiums pursuant
to Regulation
(EC) No 1453/2001 multiplied by the base and
complementary premiums and payments applicable in
2003 and the sum of all premiums rights held by
producers established in Madeira at the date of 30 June
2003 pursuant to Regulation (EC) No 2529/2001 and
reserve
the pertinent proportion of
multiplied by the premiums and payments applicable
in 2003.

the national

The Commission shall adopt the implementing
3.
arrangements, approve and modify the programme as
well as fix and increase the amount provided for in
paragraph 2,
this Article in
first subparagraph, of
accordance with the procedure referred to in Article
144(2) of Regulation (EC) No 1782/2003. The
Commission may,
same
procedure, revise the limit set forth in paragraph 2,
second subparagraph.

in accordance with the

Before 15 April

4.
Republic
authorities
implementation of the programme.

every year,
shall present

the Portuguese
report on
a

(*) OJ L 270, 21.10.2003, p. 1.
(**) OJ L 160, 26.6.1999, p. 21. Regulation as last
amended by Regulation (EC) No 806/2003 (OJ L
122, 16.5.2003, p. 1).
(***) OJ L 341, 22.12.2001, p. 3.'

(a) Article 13 shall be replaced by the following:

(b) Article 22(2) to (5) shall be replaced by the following:

‘Article 13

In case of application of the exclusion provided
1.
for
in Article 70 of Council Regulation (EC) No
1782/2003 of 29 September 2003 establishing
common rules for direct support schemes under the
common agricultural policy and establishing certain
Portuguese
support
Republic
a
traditional activities connected
programme to assist
with beef and veal, as well as
sheep and goat
production and measures to improve product quality,
within the limits of the consumption needs of Madeira.

the Commission

schemes
shall

for
present

farmers (*),

the

to

In case of application of the exclusion provided
‘2.
in Article 70 of Council Regulation (EC) No
for
1782/2003 +, the Portuguese Republic shall present to
the Commission a programme to assist
traditional
activities connected with beef and veal, as well as
sheep and goat production and measures to improve
product quality.

The programme shall be prepared and implemented by
the competent authorities designated by the Member
State.

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The Community shall finance the programme up
3.
to an annual amount equal to the sum of premiums
actually paid in 2003 pursuant to Regulation (EC) No
1254/1999, to this Regulation and to Regulation (EC)
No 2529/2001 for producers established in the Azores.

and producing in the Azores, who market quantities
exceeding their
reference quantity increased by the
percentage referred to in the third subparagraph shall
be deemed to have contributed to the overrun.

The Commission shall increase such amount in order
to take into consideration the development of the local
production. However, the annual amount shall in no
case be higher than the sum of the ceilings applicable
in 2003 for beef premiums pursuant to this Regulation
multiplied by the base and complementary premiums a
and payments applicable in 2003 and the sum of all
premiums rights held by producers established in the
Azores at
to
Regulation (EC) No 2529/2001 and to Regulation (EC)
No 1254/1999 for suckler cows premiums, and the
pertinent proportions of the national reserves thereof
multiplied by the premiums and payments applicable
in 2003.

the date of 30 June 2003 pursuant

Portuguese

1782/2003

In case of application of Article 68(a)(i) of Regulation
(EC) No
Republic
the
authorities may increase the ceiling for suckler cow for
the Azores by transferring suckler cow premium rights
from the
the
ceiling.
corresponding amount shall be transferred from the
ceiling fixed in application of Article 68(a)(i) of
Regulation (EC) No 1782/2003 to the ceiling referred
to in the second subparagraph of paragraph 3 of this
Article.

national

case,

this

In

4.
The Commission shall adopt the implementing
arrangements, approve and modify the programme as
well as fix and increase the amount provided for in
paragraph 3,
in
first subparagraph of
accordance with the procedure referred to in Article
144(2) of Regulation (EC) No 1782/2003. The
Commission may,
same
procedure, revise the limit set forth in paragraph 2,
second subparagraph.

in accordance with the

this Article,

Before 15 April

5.
Republic
implementation of the programme.'

every year
shall present

authorities

the Portuguese
report on
a

(c) Article 22(6) shall be repealed.

(d) Article 23 shall be replaced by the following:

‘Article 23

additional
the

levy shall be due on quantities
The
exceeding
after
increased
reallocation of the unused quantities within the margin
resulting from this
increase among the producers
referred to in the first paragraph and in proportion to
the reference quantity available to each producer.

reference

quantity

equal

to the

ratio between the

of 73 000 tonnes

The percentage referred to in the first paragraph shall
quantities
be
respectively,
period
1999/2000 to 2003/2004 and 61 500 tonnes for the
2004/2005 marketing years, and the total of
the
reference quantities available on each holding on 31
March 2000. It shall apply for each producer only to
the reference quantities available to that producer on
31 March 2000.

the

for

(*) OJ L 405, 31.12.1992, p. 1. Regulation as last
amended by Commission Regulation (EC) No
572/2003 (OJ L 82, 29.3.2003, p. 20).'

4) Regulation (EC) No 1454/2001 is hereby amended as

follows:

(a) Article 5 shall be replaced by the following:

‘Article 5

1.
In case of application of the exclusion provided
in Article 70 of Council Regulation (EC) No
for
1782/2003 + of 29 September 2003 establishing
common rules for direct support schemes under the
common agricultural policy and establishing certain
support schemes for farmers (*) the Kingdom of Spain
shall present to the Commission a programme to assist
traditional activities connected with beef and veal, as
well as sheep and goat production and measures to
improve product quality, within the limits of
the
consumption needs of Canary Islands.

The programme shall be prepared and implemented by
the competent authorities designated by the Member
State.

2.
The Community shall finance the programme up
to an annual amount equal to the sum of premiums
actually paid in 2003 pursuant to Regulation (EC) No
1254/1999 (**), to this Regulation and to Regulation
(EC) No 2529/2001 (***) for producers established in
the Canary Islands.

For a transitional period covering the 1999/2000 to
2004/2005 marketing years,
the purposes of
sharing the additional
levy between the producers
referred to in the second sentence of Article 2(1) of
Regulation (EEC) No 3950/92 (*), only producers as
defined in Article 9(c) of that Regulation, established

for

The Commission shall increase such amount in order
to take into consideration the development of the local
production. However, the annual amount shall in no
case be higher than the sum of the ceilings applicable
to Regulation
in 2003 for beef premiums pursuant
(EC) No 1454/2001 multiplied by the base and

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complementary premiums and payments applicable in
2003 and the sum of all premiums rights held by
producers established in the Canary Islands at the date
to Regulation (EC) No
of 30 June 2003 pursuant
2529/2001 and the pertinent proportion of
the
reserve multiplied by the premiums and
national
payments applicable in 2003.

3.
The Commission shall adopt the implementing
arrangements, approve and modify the programme as
well as fix and increase the amount provided for in
paragraph 2,
this Article in
first subparagraph, of
accordance with the procedure referred to in Article
144(2) of Regulation (EC) No 1782/2003. The
same
Commission may,
procedure, revise the limit set forth in paragraph 2,
second subparagraph.

in accordance with the

Before 15 April every year, the Kingdom of Spain
4.
authorities shall present a report on implementation of
the programme.

(*) OJ L 270, 21.10.2003, p. 1.
(**) OJ L 160, 26.6.1999, p. 21. Regulation as last
amended by Regulation (EC) No 806/2003 (OJ L
122, 16.5.2003, p. 1).
(***) OJ L 341, 22.12.2001, p. 3.'

(b) Article 6 shall be repealed.

the quantity of potato starch up the quota limit referred to
in Article 2(2), provided that they have paid to potato
producers the minimum price, referred to in Article 4a, for
all the potatoes necessary to produce starch up to that
quota limit.'

3) Article 7 shall be replaced by the following:

‘Article 7

to Article 2(2) of

this Regulation shall not

The provisions of
cover
production of potato starch by undertakings which are not
subject
this Regulation and which
purchase potatoes for which producers do not benefit from
the payment provided for
in Article 93 of Council
Regulation (EC) No 1782/2003 of 29 September 2003
establishing common rules for direct support schemes
under the common agricultural policy and establishing
certain support schemes for farmers (*)

(*) OJ L 270, 21.10.2003, p. 1.'

Article 149

Amendments to Regulation (EC) No 1251/1999

Regulation (EC) No 1251/1999 is amended as follows:

Article 148

1)

In Article 4(3), the first indent shall be replaced by the
following:

Amendments to Regulation (EC) No 1868/94

Regulation (EC) No 1868/94 is hereby amended as follows:

1) The following Article 4 shall be inserted:

‘Article 4a

the
for potatoes
A minimum price
manufacture of potato starch shall be set at EUR 178,31
per tonne from the 2004/2005 marketing year onwards.

intended

for

This price applies to the quantity of potatoes, delivered to
the factory, which is needed for making one tonne of
starch.

The minimum price shall be adjusted according to the
starch content of the potatoes.'

2) Article 5 shall be replaced by the following:

‘Article 5

A premium of EUR 22,25 per tonne of starch produced
shall be paid to undertakings producing potato starch for

‘for protein crops:

— EUR 63,00/t
onwards'.

from the 2004/2005 marketing year

2)

In Article 4(4), the amount of ‘EUR 19/t' shall be replaced
by ‘EUR 24/t'.

3)

In Article 5:

(a)

the
first
following:

subparagraph shall be

replaced by the

‘A supplement to the area payment of EUR 313/ha for
the marketing year 2004/2005, shall be paid for the
area down to durum wheat
traditional
production zones listed in Annex II, subject to the
limits fixed in Annex III.';

in the

(b) the fourth subparagraph shall be replaced by the

following:

‘In regions where the production of durum wheat is
well established, other than those referred to in Annex
II,
the
special aid amounting to EUR 93/ha for
marketing year 2004/2005 shall be granted up to a
limit of the number of hectares laid down in Annex
IV.'

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L 270/51

Article 150

(b) Articles 3 to 25 of Regulation (EC) No 1254/1999;

Amendments to Regulation (EC) No 1254/1999

(c) Articles 3 to 11 of Regulation (EC) No 2529/2001.

Regulation (EC) No 1254/1999 is amended as follows:

1)

In Article 10(1) second subparagraph, the percentage of
‘20 %' shall be replaced by ‘40 %'.

2)

In Annex I, in the table concerning Special premium, the
figure for Austria is replaced by ‘373 400'.

3)

In Annex II, in the table concerning Suckler cow premium,
the
replaced
for Austria
respectively by ‘375 000' and ‘416 539'.

and Portugal

figures

are

Article 151

Amendments to Regulation (EC) No 1673/2000

Regulation (EC) No 1673/2000 is hereby amended as follows:

1) Article 1 is amended as follows:

Article 153

Repeals

1.
Regulation (EEC) No 3508/92 is hereby repealed.
However, it shall continue to apply to applications for direct
payments in respect of the calendar years preceding 2005.

Regulation (EC) No 1017/94 is hereby repealed starting

2.
from 1 January 2005.

Regulation (EC) No 1577/96 and Regulation (EC) No
3.
1251/1999 are hereby repealed. However, they shall continue
to apply to the marketing year 2004/2005.

Regulation (EC) No 1259/1999 is hereby repealed
4.
starting from 1 May 2004. However, Articles 2a and 11 of
Regulation (EC) No 1259/1999 as well as, for the purpose of
applying those Articles, the Annex of that Regulation shall
continue to apply until 31 December 2005. Furthermore
Articles 3, 4, 5 and, for the purpose of applying those Articles,
the Annex of
that Regulation (EC) No 1259/1999 shall
continue to apply until 31 December 2004.

(a)

In paragraph 2, point
following:

(a) shall be replaced by the

References made to the repealed Regulations shall be

5.
construed as being made to this Regulation.

‘(a) “farmer” shall mean a farmer as defined in Article
2(a) of Council Regulation (EC) No 1782/2003 + of
29 September 2003 establishing common rules for
direct
common
schemes under
agricultural policy and establishing certain support
schemes for farmers (*).

support

the

Article 154

Transitional rules for the simplified scheme

(*) OJ L 270, 21.10.2003, p. 1.'

Where a Member State applies the simplified scheme referred
to in Article 2a of Regulation (EC) No 1259/1999,
the
following provisions shall apply:

(b) In paragraph 3,

‘Regulation (EC) No 1251/1999' shall
be replaced by ‘Article 52 of Regulation (EC) No
1782/2003 +'

(a) 2003 shall be the last year in which participants may

introduce new applications;

2)

In the first and second indent of Article 5(2), ‘Article 5a of
Regulation (EC) No 1251/1999'
shall be replaced by
‘Article 52 of Regulation (EC) No 1782/2003 +'.

Article 152

Amendments to other Regulations

The following provisions are deleted:

(a) Article 3 of Regulation (EEC) No 2358/71;

(b) Participants

continue
established under the simplified scheme until 2005;

to receive

shall

the

amount

(c) Chapters 1 and 2 of Title II of this Regulation shall not
apply to the amounts granted under the simplified scheme
during the participation in the scheme;

(d) Farmers participating in the simplified scheme shall not be
entitled to apply for the single payment as long they
participate in the simplified scheme. In case of application
for the single payment scheme, the amount granted under
the simplified scheme shall be included in the reference
referred to in Article 37 and calculated and
amount
this
adjusted according to Chapter 2 of Title III of
Regulation.

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Article 155

Other transitional rules

Further measures required to facilitate the transition from the
arrangements provided for in the Regulations referred to in
Articles 152 and 153 to those established by this Regulation,
notably those related to the application of Articles 4 and 5 and
the Annex of Regulation (EC) No 1259/1999, Article 6 of
Regulation (EC) No 1251/1999 and those related to the
improvement plans referred to in Article 86 of this Regulation,
may be adopted in accordance with the procedure referred to
in Article 144(2) of this Regulation. Regulations and Articles
referred to in Articles 152 and 153 shall continue to apply for
the purpose of the establishment of the reference amounts
referred to in Annex VII.

Article 156

It shall apply as of the date of entry into force, with the

2.
following exceptions:

(a) Title II, Chapters 4 and 5 shall apply to the applications for
payments made in respect of the calendar year 2005 and
the
onwards. However, Article 28(2)
application for payments under Title IV, Chapters 1 to 7
from 1 January 2004.

shall apply for

(b) Title IV, Chapters 1, 2, 3, 6, and Article 149 shall apply

starting from marketing year 2004/2005.

(c) Title IV, Chapters 4, 5, 7 and Article 150 shall apply from

1 January 2004.

(d) Title II, Chapter 1, Article 20, Title III, Title IV Chapters 8,
10, 11, 12 and 13 and Article 147 shall apply from 1
January 2005, except Article 147(3)(d) which shall apply
from 1 April 2003.

Entry into force and application

(e) Title IV, Chapter 9 shall apply from marketing year

2005/2006.

1.
This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

(f) Article 151 and 152 shall apply from 1 January 2005,
except Article 152(a) which shall apply from the marketing
year 2005/2006.

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

Done at Brussels, 29 September 2003.

For the Council

The President

G. ALEMANNO

21.10.2003

EN

Official Journal of the European Union

L 270/53

ANNEX I

List of support schemes fulfilling the criteria set out in Article 1

Sector

Legal base

Notes

Single payment

Title III of this Regulation

Decoupled payment (see Annex
VI) (*)

Durum wheat

Protein crop

Rice

Nuts

Energy crops

Starch potato

Title IV, Chapter 1 of this Regulation Area aid (quality premium)

Title IV, Chapter 2 of this Regulation Area aid

Title IV, Chapter 3 of this Regulation Area aid

Title IV, Chapter 4 of this Regulation Area aid

Title IV, Chapter 5 of this Regulation Area aid

Title IV, Chapter 6 of this Regulation

Production aid

Milk and dairy products

Title IV, Chapter 7 of this Regulation Dairy premium and additional

payment

Arable crop in Finland and in certain
regions of Sweden

Title IV, Chapter 8 of this
Regulation (**) (*****)

Specific regional aid for arable crops

Seeds

Arable crops

Sheep and goats

Beef and veal

Title IV, Chapter 9 of this
Regulation (**) (*****)

Production aid

Title IV, Chapter 10 of this
Regulation (***) (*****)

Title IV, Chapter 11 of this
Regulation (***) (*****)

Title IV, Chapter 12 of this
Regulation (*****)

Area aid, including set-aside
payments, grass silage payments,
supplementary amounts (**), durum
wheat supplement and special aid

Ewe and she-goat premium,
supplementary premium and certain
additional payments

Special premium (***),
deseasonalisation premium, suckler
cow premium (including when paid
for heifers and including the
additional national suckler cow
premium when co-financed) (***),
slaughter premium (***),
extensification payment, additional
payments

Grain legumes

Title IV, Chapter 13 of this
Regulation (*****)

Area aid

Specific types of farming and quality
production

Article 69 of this Regulation (****)

Dried fodder

Article 71(2) second subparagraph of
this Regulation (*****)

Small farmers' scheme

Article 2a Regulation (EC) No
1259/1999

Transitional area aid for farmers
receiving less than EUR 1 250

Olive oil

Article 5(1) Regulation 136/66/EEC

Production aid

L 270/54

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Official Journal of the European Union

21.10.2003

Silkworms

Bananas

Dried grapes

Tobacco

Hops

POSEIDOM

POSEIMA

POSEICAN

Aegean Islands

Sector

Legal base

Notes

Article 1 Regulation (EEC) No
845/72

Aid to encourage rearing

Article 12 Regulation (EEC) No
404/93

Production aid

Article 7(1) Regulation (EC) No
2201/96

Area aid

Article 3 Regulation (EE) No
2075/92

Production aid

Article 12 Regulation (EEC) No
1696/71 Regulation (EEC) No
1098/98

Area aid payments for temporary
resting only

Articles 9 (**) (*****), 12(2) and 16
Regulation (EC) No 1452/2001

Sectors: beef and veal; sugar; green
vanilla

Articles 13 (**) (*****), 16, 17 and
28(1), 21, 22 (2) to (4) (**) (*****)
and (7), 27, 29 and 30 (1), (2) and
(4) Regulation (EC) No 1453/2001

Sectors: beef and veal; milk; potatoes;
sugar; wicker; pineapples, tobacco,
seed potatoes, chicory and tea

Articles 5 (**) (*****), 9 and 14
Regulation (EC) No 1454/2001

Sectors: beef and veal, sheep and
goat; potatoes

Articles 6 (**) (*****), 8, 11 and 12
Regulation (EEC) No 2019/93

Sectors: beef and veal; potatoes;
olives; honey

(*)

Starting from 1 January 2005 or later in the case of application of Article 71. For 2004, or later on in case of application of
Article 71, the direct payments listed in Annex VI are included in Annex I except dried fodder.
In case of application of Article 70.
(**)
In case of application of Articles 66, 67, 68.
(***)
(****)
In case of application of Article 69.
(*****) In case of application of Article 71.

21.10.2003

EN

Official Journal of the European Union

L 270/55

ANNEX II

National ceilings referred to in Article 12(2)

Member State

2005

2006

2007

2008

2009

2010

2011

2012

(millions of euro)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

4,7

7,7

40,4

40,4

55,1

51,4

15,3

62,3

0,2

6,8

12,4

11,3

8,0

6,6

17,7

6,2

10,3

54,6

53,9

74,3

68,7

20,4

83,7

0,3

9,2

17,1

15,4

10,8

8,8

23,6

7,7

12,9

68,3

67,4

92,9

85,9

25,5

7,7

12,9

68,3

67,4

92,9

85,9

25,5

7,7

12,9

68,3

67,4

92,9

85,9

25,5

7,7

12,9

68,3

67,4

92,9

85,9

25,5

7,7

12,9

68,3

67,4

92,9

85,9

25,5

7,7

12,9

68,3

67,4

92,9

85,9

25,5

104,6

104,6

104,6

104,6

104,6

104,6

0,4

11,5

21,3

19,2

13,6

11,0

0,4

11,5

21,3

19,2

13,6

11,0

29,5

29,5

0,4

11,5

21,3

19,2

13,6

11,0

29,5

0,4

11,5

21,3

19,2

13,6

11,0

29,5

0,4

11,5

21,3

19,2

13,6

11,0

29,5

0,4

11,5

21,3

19,2

13,6

11,0

29,5

L 270/56

EN

Official Journal of the European Union

21.10.2003

ANNEX III

Statutory management requirements referred to in Articles 3 and 4

A. Applicable from 1.1.2005

Environment

1.

2.

3.

4.

5.

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds
(OJ L 103, 25.4.1979, p. 1)

Articles 3, 4(1), (2), (4),
5, 7 and 8

Council Directive 80/68/EEC of 17 December 1979 on the protection of
groundwater against pollution caused by certain dangerous substances (OJ L 20,
26.1.1980, p. 43)

Articles 4 and 5

Council Directive 86/278/EEC of 12 June 1986 on the protection of the
environment, and in particular of the soil, when sewage sludge is used in agriculture
(OJ L 181, 4.7.1986, p. 6)

Article 3

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of
waters against pollution caused by nitrates from agricultural sources (OJ L 375,
31.12.1991, p. 1)

Articles 4 and 5

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats
and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7)

Articles 6, 13, 15, and
22(b)

Public and animal health
Identification and registration of animals

6.

7.

8.

Council Directive 92/102/EEC of 27 November 1992 on identification and
registration of animals (OJ L 355, 5.12.1992, p. 32)

Articles 3, 4 and 5

Commission Regulation (EC) No 2629/97 of 29 December 1997 laying down
detailed rules for the implementation of Council Regulation (EC) No 820/97 as
regards eartags, holding registers and passports in the framework of the system for
the identification and registration of bovine animals (OJ L 354, 30.12.1997, p. 19)

Articles 6 and 8

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17
July 2000 establishing a system for the identification and registration of bovine
animals and regarding the labelling of beef and beef products and repealing Council
Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1)

Articles 4 and 7

B. Applicable from 1.1.2006

Public, animal and plant health

9.

10.

11.

12.

Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant
protection products on the market (OJ L 230, 19.8.1991, p. 1)

Article 3

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use
in stockfarming of certain substances having a hormonal or thyrostatic action and of
beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC (OJ
L 125, 23.5.1996, p. 3)

Articles 3, 4, 5 and 7

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28
January 2002 laying down the general principles and requirements of food law,
establishing the European Food Safety Authority and laying down procedures in
matters of food safety (OJ L 31, 1.2.2002, p. 1)

Articles 14, 15, 17(1),
18, 19 and 20

Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22
May 2001 laying down rules for the prevention, control and eradication of certain
transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1)

Articles 7, 11, 12, 13 and
15

21.10.2003

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Official Journal of the European Union

L 270/57

Notification of diseases

13.

14.

15.

Council Directive 85/511/EEC of 18 November 1985 introducing Community
measures for the control of foot-and-mouth disease (OJ L 315, 26.11.1985, p. 11)

Council Directive 92/119/EEC of 17 December 1992 introducing general Community
measures for the control of certain animal diseases and specific measures relating to
swine vesicular disease (OJ L 62, 15.3.1993, p. 69)

Article 3

Article 3

Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions
for the control and eradication of bluetongue (OJ L 327, 22.12.2000, p. 74)

Article 3

C. Applicable from 1.1.2007

Animal welfare

16.

17.

18.

Council Directive 91/629/EEC of 19 November 1991 laying down minimum
standards for the protection of calves (OJ L 340, 11.12.1991, p. 28)

Articles 3 and 4

Council Directive 91/630/EEC of 19 November 1991 laying down minimum
standards for the protection of pigs (OJ L 340, 11.12.1991, p. 33)

Articles 3 and 4(1)

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals
kept for farming purposes (OJ L 221, 8.8.1998, p. 23)

Article 4

L 270/58

EN

Official Journal of the European Union

21.10.2003

ANNEX IV

Good agricultural and environmental condition referred to in Article 5

Issue

Standards

Soil erosion:

— Minimum soil cover

Protect soil through appropriate measures

— Minimum land management reflecting site-specific

conditions

— Retain terraces

Soil organic matter:

— Standards for crop rotations where applicable

Maintain soil organic matter levels through appropriate
practices

— Arable stubble management

Soil structure:

— Appropriate machinery use

Maintain soil structure through appropriate measures

Minimum level of maintenance:

— Minimum livestock stocking rates or/and appropriate

Ensure a minimum level of maintenance and avoid the
deterioration of habitats

regimes

— Protection of permanent pasture

— Retention of landscape features

— Avoiding the encroachment of unwanted vegetation

on agricultural land

21.10.2003

EN

Official Journal of the European Union

L 270/59

ANNEX V

Compatible support schemes referred to in Article 26

Sector

Legal base

Notes

Dried grapes

Article 7(1) Regulation (EC) No 2201/96

Area-related aid

Tobacco

Hops

Article 3 Regulation (EEC) No 2075/92

Production aid

Article 12 Regulation (EEC) No 1696/71
Regulation (EC) No 1098/98

Area-related aid Payments for
temporary resting and
grubbing-up

Agri-environment

Title II, chapter VI (Articles 22 to 24) and Article
55(3) Regulation (EC) No 1257/1999

Area-related aid

Forestry

Article 31 and Article 55(3) Regulation (EC) No
1257/1999

Area-related aid

Less-favoured areas and
areas with environmental
restrictions

Title II, chapter V (Articles 13 to 21) and Article
55(3) Regulation (EC) No 1257/1999

Area-related aid

Olive oil

Cotton

Article 5(1) Regulation No 136/66/EEC

Production aid

Article 8 Regulation (EC) No 1554/95

Production aid

Dried fodder

Articles 10 and 11 Regulation (EC) No 603/95

Production aid

Citrus for processing

Article 1 Regulation (EC) No 2202/96

Production aid

Tomatoes for processing

Article 2 Regulation (EC) No 2201/96

Production aid

Wine

Articles 11 to 15 Regulation (EC) No 1493/1999

Restructuring aid

L 270/60

EN

Official Journal of the European Union

21.10.2003

ANNEX VI

List of direct payments in relation to the single payment referred to in Article 33

Legal base

Notes

Sector

Arable crops

Articles 2, 4 and 5 Regulation (EC) No
1251/1999

Potato starch

Article 8(2) Regulation (EEC) No 1766/92

Grain legumes

Article 1 Regulation (EC) No 1577/96

Article 6 Regulation (EC) No 3072/95

Area aid, including set-aside payments, grass
silage payments, supplementary amounts (*),
durum wheat supplement and special aid

Payment for farmers producing potatoes
intended for the manufacture of potato starch

Area aid

Area aid

Rice

Seeds (*)

Beef and veal

Milk and dairy
products

Sheep and goats

POSEIDOM (*)

POSEIMA (*)

POSEICAN (*)

Article 3 Regulation (EEC) No 2358/71

Production aid

Articles 4, 5, 6, 10, 11, 13 and 14 Regulation
(EC) No 1254/1999

Special premium, deseasonalisation premium,
suckler cow premium (including when paid
for heifers and including the additional
national suckler cow premium when
co-financed), slaughter premium,
extensification payment, additional payments

Title IV Chapter 7 of this Regulation

Dairy premium and additional payments (**)

Article 5 Regulation (EC) No 2467/98, Article
1 Regulation (EEC) No 1323/90, Articles 4, 5
and 11(1) and (2) 1st, 2nd and 4th indent
Regulation (EC) No 2529/2001

Ewe and she-goat premium, supplementary
premium and certain additional payments

Article 9(1)(a) and (b) Regulation (EC) No
1452/2001

Sectors: beef and veal

Articles 13(2) and (3), 22(2) and (3)
Regulation (EC) No 1453/2001

Sectors: beef and veal

Article 5(2) and (3), 6(1) and (2) Regulation
(EC) No 1454/2001

Sectors: beef and veal; sheep and goats

Aegean Islands (*)

Article 6(2) and (3) Regulation (EEC) No
2019/93

Sectors: beef and veal

Dried fodder

Article 3 Regulation (EEC) No 603/95

Payment for processed products (as applied
according to Annex VII point D of this
Regulation)

Except in case of application of Article 70.

(*)
(**) Starting from 2007, except in case of application of Article 62.

21.10.2003

EN

Official Journal of the European Union

L 270/61

ANNEX VII

Calculation of the reference amount referred to in Article 37

A.

Area aids

1.

1.1.

Where a farmer has received area aids, the number of hectares, to two decimal places, for which a payment has
been granted, respectively, in each year of the reference period, shall be multiplied by the following amounts:

For cereals, including durum wheat, oilseeds, protein crops, linseed, flax and hemp grown for fibre, grass silage
and set-aside:

— EUR 63/t multiplied by the yield as provided for in Article 4(2) of Regulation (EC) No 1251/1999
determined in the regionalisation plan for the region concerned applicable in the calendar year 2002.

This point shall apply without prejudice to the provisions laid down by Member States in application of Article
6(6) of Regulation (EC) No 1251/1999.

By way of derogation from Article 38, for flax and hemp, the average shall be calculated on the basis of the
number hectares for which a payment was granted in the calendar year 2001 and 2002.

1.2.

For rice:

— EUR 102/t multiplied by the following average yields:

Member States

Yields (t/ha)

Spain

France

— Metropolitan territory

— French Guyana

Greece

Italy

Portugal

6,35

5,49

7,51

7,48

6,04

6,05

1.3.

For grain legumes:

— for lentils and chick peas, EUR 181/ha

— for vetches, respectively, EUR 175,02/ha in 2000, EUR 176,60/ha in 2001 and EUR 150,52/ha in 2002.

2.

Where a farmer has received durum wheat supplement or special aid, the number of hectares, to two decimal
places, for which such a payment has been granted, respectively, in each year of the reference period, shall be
multiplied by the following amounts:

In the zones listed in Annex II of Regulation (EC) No 1251/1999 and in Annex IV of Regulation (EC) No
2316/1999:

— EUR 291/ha for the single payment to be granted for the calendar year 2005,

— EUR 285/ha for the single payment to be granted for the calendar year 2006 and subsequent calendar

years.

In the zones listed in Annex V of Regulation (EC) No 2316/1999:

— EUR 46/ha for the single payment to be granted for the calendar year 2005.

L 270/62

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Official Journal of the European Union

21.10.2003

3.

For the purpose of the preceding points, ‘number of hectares' shall mean the determined number of hectares
corresponding to each different type of area aid listed in Annex VI of this Regulation, for which all the
conditions laid down in the rules for the granting of the aid have been met, taking into account the application
of Articles 2(4) and 5 of Regulation (EC) No 1251/1999. In case of rice, by way of derogation to Article 6(5) of
Council Regulation (EC) No 3072/95, where the areas given over to rice in one Member State in the reference
period exceeded its Maximum Guaranteed Area for this period, the amount per hectare shall be reduced
proportionally.

B.

Potato starch payment

Where a farmer has received potato starch payment, the amount shall be calculated by multiplying the number of
tonnes for which such a payment has been granted, respectively, in each year of the reference period, by EUR 44,22
per tonne of potato starch. Member states shall calculate the number of hectares to be included in calculation of the
single payment proportionately to the number of tonnes of potato starch produced for which the aid provided for in
Article 8(2) of Regulation (EEC) No 1766/92 has been granted, respectively, in each year of the reference period, and
within the limits of a base area to be fixed by the Commission on the basis of the number of hectares, covered by a
cultivation contract in the reference period, communicated by Member States.

C.

Livestock premiums and supplements

Where a farmer has received livestock premiums and/or supplements, the amount shall be calculated by multiplying the
number of determined animals for which such a payment has been granted, respectively, in each year of the reference
period, by the amounts per head established for the calendar year 2002 by the corresponding Articles referred to in
Annex VI, taking into account the application of Article 4(4), Article 7(2) and Article 10(1) of Regulation (EC) No
1254/1999 or Article 8(3) of Regulation (EC) No 2529/2001.

By way of derogation from Article 38, for sheep and goat additional payments granted on the basis of Article 11(2)
first, second and fourth indent of Regulation (EC) No 2529/2001, the average shall be calculated on the basis of the
number of animals for which the payment has been granted in the calendar year 2002.

However, the payments under Article 4(2) second subparagraph of Regulation (EC) No 1254/1999, shall not be taken
into account.

Moreover, by way of derogation from Article 38, in case of application of Article 32(11) and (12) of Commission
Regulation (EC) No 2342/1999 and Article 4 of Commission Regulation (EC) No 1458/2001, the number of animals,
for which a payment was granted in the year during which such measures were applied, to be taken into account for
the calculation of the reference amount, shall not be higher than the average of the number of animals for which a
payment was granted in the year/years during which such measures were not applied.

D.

Dried fodder

When a farmer has delivered fodder under a contract as provided for in Article 9(c) of Regulation (EC) No 603/95 or a
declaration of areas as under Article 10 of the same Regulation, Member States shall calculate the amount to be
included in the reference amount proportionately to the number of tonnes of dried fodder produced for which the aid
provided for in Article 3 of that Regulation has been granted, respectively, in each year of the reference period, and
within the limits of the following ceilings expressed in EUR millions:

Member State

Ceiling for fodder processed into the
products referred to in Article 3(2) of
Regulation (EC) No 603/95
(dehydrated fodder)

Ceiling for fodder processed into the
products referred to in Article 3(3) of
Regulation (EC) No 603/95
(sun-dried fodder)

Total
ceiling

UEBL

Denmark

Germany

Greece

Spain

France

Ireland

0,049

5,424

11,888

1,101

42,124

41,155

0,166

0,049

5,424

11,888

1,101

44,075

41,224

0,166

1,951

0,069

21.10.2003

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Official Journal of the European Union

L 270/63

Member State

Ceiling for fodder processed into the
products referred to in Article 3(2) of
Regulation (EC) No 603/95
(dehydrated fodder)

Ceiling for fodder processed into the
products referred to in Article 3(3) of
Regulation (EC) No 603/95
(sun-dried fodder)

Total
ceiling

Italy

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

17,999

6,804

0,070

0,102

0,019

0,232

1,950

1,586

19,585

0,020

6,804

0,070

0,122

0,019

0,232

1,950

Member States shall calculate the number of hectares to be included in calculation of
the reference amounts
proportionately to the number of tonnes of dried fodder produced for which the aid provided for in Article 3 of
Regulation (EC) No 603/95 has been granted, respectively, in each year of the reference period, and within the limits of
a base area to be fixed by the Commission on the basis of the number of hectares, covered by a cultivation contract or
a declaration of areas in the reference period, communicated by Member States.

E.

Regional aids

In the regions concerned, the following amounts shall be included in the calculation of the reference amount:

— EUR 24/t multiplied by the yields utilised for the area payments for cereals, oilseeds, linseed and flax and hemp

grown for fibre in the regions indicated in Article 4(4) of Regulation (EC) No 1251/1999;

— the amount per head as provided for in Article 9(1)(a) and (b) of Regulation (EC) No 1452/2001, Articles 13(2) and
(3), 22(2) and (3) of Regulation (EC) No 1453/2001, Article 5(2) and (3), 6(1) and (2) of Regulation (EC) No
1454/2001, multiplied by the number of animals for which such a payment has been granted in 2002;

— the amount per head as provided for in Article 6(2) and (3) of Regulation (EEC) No 2019/93 multiplied by the

number of animals for which such a payment has been granted in 2002.

F.

Seed aids

Where a farmer has received seed production aid, the amount shall be calculated by multiplying the number of tonnes
for which such a payment has been granted, respectively, in each year of the reference period, by the amount per tonne
established in application of Article 3 of Regulation (EEC) No 2358/71. Member States shall calculate the number of
hectares to be included in calculation of the single payment proportionately to area accepted for certification for which
the aid provided for in Article 3 of Regulation (EEC) No 2358/71 has been granted, respectively, in each year of the
reference period, and within the limits of a base area to be fixed by the Commission on the basis of the total area
accepted for certification as communicated to the Commission according to Regulation (EEC) No 3083/73. This total
area shall not include the area accepted for certification for rice (Oryza sativa L.), spelt (Triticum spelta L.), and fibre and
oil flax (Linum usitatissimum L.) and hemp (Cannabis sativa L.) that already has been declared for arable crops.

L 270/64

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Official Journal of the European Union

21.10.2003

ANNEX VIII

National ceilings referred to in Article 41

Member State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

2005

411

838

4 479

837

3 244

7 199

1 136

2 539

27

386

613

452

467

612

2006

411

838

4 479

834

3 240

7 195

1 136

2 530

27

386

613

452

467

612

(millions of euro)

2007
subsequent years

528

996

5 468

856

3 438

8 055

1 322

2 882

37

779

711

518

552

729

United Kingdom

3 350

3 350

3 868

21.10.2003

EN

Official Journal of the European Union

L 270/65

ANNEX IX

List of arable crops referred to in Article 66

CN code

Description

I. CEREALS

1001 10 00

1001 90

1002 00 00

1003 00

1004 00 00

1005

1007 00

1008

Durum wheat

Other wheat and meslin other than durum wheat

Rye

Barley

Oats

Maize

Grain sorghum

Buckwheat, millet and canary seed; other cereals

0709 90 60

Sweet corn

II. OILSEEDS

1201 00

ex 1205 00

Soya beans

Rape seed

ex 1206 00 10

Sunflower seed

III. PROTEIN CROPS

0713 10

0713 50

ex 1209 29 50

IV. FLAX

Peas

Field beans

Sweet lupins

ex 1204 00

Linseed (Linum usitatissimum L.)

ex 5301 10 00

Flax, raw or retted, grown for fibre (Linum usitatissimum L.)

V. HEMP

ex 5302 10 00

Hemp, raw or retted, grown for fibre (Cannabis sativa L.)

L 270/66

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Official Journal of the European Union

21.10.2003

ANNEX X

Traditional production zones for durum wheat as referred to in Article 74

GREECE

Nomoi (prefectures) of the following regions

Central Greece

Peloponnese

Ionian Islands

Thessaly

Macedonia

Aegean Islands

Thrace.

SPAIN

Provinces

Almería

Badajoz

Burgos

Cádiz

Córdoba

Granada

Huelva

Jaén

Màlaga

Navarra

Salamanca

Sevilla

Toledo

Zamora

Saragossa

AUSTRIA

Pannonia:

1. Gebiete der Bezirksbauernkammern (Areas covered by District Farmers' Boards)

2046 Tullnerfeld-Klosterneuburg

2054 Baden

2062 Bruck/Leitha-Schwechat

2089 Baden

2101 Gänserndorf

2241 Hollabrunn

2275 Tullnerfeld-Klosterneuburg

2305 Korneuburg

2321 Mistelbach

2330 Krems/Donau

2364 Gänserndorf

2399 Mistelbach

2402 Mödling

2470 Mistelbach

2500 Hollabrunn

2518 Hollabrunn

21.10.2003

EN

Official Journal of the European Union

L 270/67

2551 Bruck/Leitha-Schwechat

2577 Korneuburg

2585 Tullnersfeld-Klosterneuburg

2623 Wr. Neustadt

2631 Mistelbach

2658 Gänserndorf

2. Gebiete der Bezirksreferate (Areas covered by District Divisions)

3018 Neusiedl/See

3026 Eisenstadt

3034 Mattersburg

3042 Oberpullendorf

3. Gebiete der Landwirtschaftskammer (Areas covered by the Chamber of Agriculture)

1007 Wien

FRANCE

Regions

Midi-Pyrénées

Provence-Alpes-Côte d'Azur

Languedoc-Roussillon

Departments (*)

Ardèche

Drôme

ITALY

Regions

Abruzzo

Basilicata

Calabria

Campania

Latium

Marches

Molise

Umbria

Apulia

Sardinia

Sicily

Tuscany

PORTUGAL

Districts

Santarém

Lisbon

Setúbal

Portalegre

Évora

Beja

Faro

(*) Each of these departments may be linked to one of the abovementioned regions.

L 270/68

EN

Official Journal of the European Union

21.10.2003

ANNEX XI

List of seed species referred to in Article 99

CN code

Description

(EUR/100 kg)

Amount of aid

1. Ceres

1001 90 10

Triticum spelta L.

1006 10 10

Oryza sativa L. (1)

— long-grain varieties the grains of which are of a length exceeding 6,0
millimetres and of a length/width ratio of more than or equal to 3

— other varieties the grains of which are of a length exceeding, not

exceeding or equal to 6,0 millimetres and of a length/width ratio of less
than 3

2. Oleagineae

ex 1204 00 10

Linum usitatissimum L. (fibre flax)

ex 1204 00 10

Linum usitatissimum L. (linseed)

ex 1207 99 10

Cannabis sativa L. (2) (varieties with a tetrahydrocannabinol content not
exceeding 0,2 %)

3. Gramineae

ex 1209 29 10

Agrostis canina L.

ex 1209 29 10

Agrostis gigantea Roth.

ex 1209 29 10

Agrostis stolonifera L.

ex 1209 29 10

Agrostis capillaris L.

ex 1209 29 80

Arrhenatherum elatius (L.) P. Beauv. ex J.S. and K.B. Prest.

ex 1209 29 10

Dactylis glomerata L.

ex 1209 23 80

Festuca arundinacea Schreb.

ex 1209 23 80

Festuca ovina L.

1209 23 11

Festuca pratensis Huds.

1209 23 15

Festuca rubra L.

ex 1209 29 80

Festulolium

1209 25 10

Lolium multiflorum Lam.

1209 25 90

Lolium perenne L.

ex 1209 29 80

Lolium x boucheanum Kunth

ex 1209 29 80

Phleum Bertolinii (DC)

1209 26 00

Phleum pratense L.

ex 1209 29 80

Poa nemoralis L.

1209 24 00

Poa pratensis L.

ex 1209 29 10

Poa palustris and Poa trivialis L.

4. Leguminosae

ex 1209 29 80

Hedysarum coronarium L.

ex 1209 29 80

Medicago lupulina L.

ex 1209 21 00

Medicago sativa L. (ecotypes)

ex 1209 21 00

Medicago sativa L. (varieties)

14,37

17,27

14,85

28,38

22,46

20,53

75,95

75,95

75,95

75,95

67,14

52,77

58,93

43,59

43,59

36,83

32,36

21,13

30,99

21,13

50,96

83,56

38,88

38,52

38,88

36,47

31,88

22,10

36,59

21.10.2003

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Official Journal of the European Union

L 270/69

CN code

Description

ex 1209 29 80

Onobrichis viciifolia Scop.

ex 0713 10 10

Pisum sativum L. (partim) (field peas)

ex 1209 22 80

Trifolium alexandrinum L.

ex 1209 22 80

Trifolium hybridum L.

ex 1209 22 80

Trifolium incarnatum L.

1209 22 10

Trifolium pratense L.

ex 1209 22 80

Trifolium repens L.

ex 1209 22 80

Trifolium repens L. var. giganteum

ex 1209 22 80

Trifolium resupinatum L.

ex 0713 50 10

Vicia faba L. (partim) (field beans)

ex 1209 29 10

Vicia sativa L.

ex 1209 29 10

Vicia villosa Roth.

(EUR/100 kg)

Amount of aid

20,04

0

45,76

45,89

45,76

53,49

75,11

70,76

45,76

0

30,67

24,03

(1) Grain measurements are taken on wholly milled rice by the following method:

take a sample representative of the batch;
sieve the sample so as to retain only whole grains, including immature grains;

(i)
(ii)
(iii) carry out two measurements of 100 grains each and work out the average;
(iv) express the results in millimetres, rounded off to one decimal place.

(2) The tetrahydrocannabinol (THC) content of a variety is determined by analysing a sample maintained at constant weight. The
weight of THC in relation to the weight of the sample must – for the purposes of granting the aid – not be greater than 0,2 %.
The sample is to consist of the upper third of a representative number of plants selected at random at the end of their flowering
period and with stalks and seeds removed.