Commission Regulation (EC) No 141/2004 of 28 January 2004 laying down rules for applying Council Regulation (EC) No 1257/1999 as regards the transitional rural development measures applicable to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-01-28
Institutions: European Commission
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, aid system, aid to agriculture, rural development, transitional period (EU)

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COMMISSION REGULATION (EC) No 141/2004

of 28 January 2004

laying down rules for applying Council Regulation (EC) No 1257/1999 as regards the transitional
rural development measures applicable to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty of Accession of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia and in particular paragraph 3 of
Article 2 thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia and in particular the first paragraph of
Article 41 thereof,

Whereas:

Chapter IXa of Council Regulation (EC) No 1257/1999
of 17 May 1999 on support for rural development from
the European Agricultural Guidance and Guarantee Fund
(EAGGF) and amending and repealing certain Regula-
tions (1) introduced by the Act of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia, defines in general
terms the conditions under which temporary additional
support is to be granted for transitional rural develop-
ment measures in the new Member States. Implementing
rules should be adopted to supplement those conditions
and adapt certain rules foreseen by Commission Regu-
lation (EC) No 445/2002 of 26 February 2002 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1257/1999 on support for rural develop-
ment
from the European Agricultural Guidance and
Guarantee Fund (EAGGF) (2).

Those rules must conform to the principles of subsi-
diarity and proportionality and must therefore be limited
to what is necessary to achieve the objectives pursued.

Conditions of eligibility for certain transitional measures
must therefore be specified and the support ceilings for
the specific measures applicable to Malta should be
fixed.

(1)

(2)

(3)

(4)

to their structure and content must be laid down on the
basis of Article 43 of Regulation (EC) No 1257/1999 in
particular.

(5)

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

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE

Article 1

Scope

The present Regulation lays down the implementing rules
related to:

(a) the

specific

foreseen in
rural development measures
Chapter IXa of Regulation (EC) No 1257/1999 and applic-
able to the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
(designated hereafter as ‘the new Member States’);

(b) programming and evaluation of all
measures for the new Member States.

rural development

CHAPTER II

SPECIFIC MEASURES APPLICABLE TO THE NEW MEMBER
STATES

To facilitate the establishment of rural development
plans comprising those measures, and their examination
and approval by the Commission, common rules relating

Support for semi-subsistence farms undergoing restruc-
turing

Article 2

(1) OJ L 160, 26.6.1999, p. 80, Regulation as last amended by the Act
the Czech Republic, Estonia, Cyprus, Latvia,

of Accession of
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.

(2) OJ L 74, 15.3.2002, p. 1, Regulation as last amended by Regulation

(EC) No 963/2003 (OJ L 138, 5.6.2003, p. 32).

The business plan foreseen in Article 33b(2) of Regulation (EC)
No 1257/1999 must be sufficiently detailed to be able to be
used to support an application for support for investment in
agricultural holdings.

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Article 3

Technical assistance

Article 7

Producer groups in Malta

By derogation of Article 39 of Regulation (EC) No 445/2002,
rule No 11 of the Annex to Commission Regulation (EC) No
1685/2000 (1) applies to the measure referred to in Article 33e
of Regulation (EC) No 1257/1999.

Only those producer groups comprising a minimum
1.
percentage of the producers in the sector and representing a
minimum percentage of the production in the sector shall be
eligible for the minimum support provided for in the third sub-
paragraph of Article 33d(3) of Regulation (EC) No 1257/1999.

Article 4

Complements to direct payments

Eligibility conditions for granting support under the measure
foreseen in Article 33h of Regulation (EC) No 1257/1999 are
defined by the Commission decision approving the comple-
mentary national direct payment.

CHAPTER III

ADDITIONAL SUPPORT APPLICABLE TO MALTA

Article 5

Complements to State aid in Malta

Eligibility conditions for granting support under the measure
foreseen in Article 33i of Regulation (EC) No 1257/1999 are
defined within the framework of the Special Market Policy
Programme for Maltese Agriculture (SMPPMA) provided for in
Annex XI, Chapter 4, Section A, point 1 of the Act of Acces-
sion.

CHAPTER IV

DEROGATIONS APPLICABLE TO CERTAIN MEMBER STATES

Article 6

Agri-environment

The annual maximum amount per hectare for the maintenance
and preservation of rubble walls in Malta provided for in the
second subparagraph of Article 33m(2) of Regulation (EC) No
1257/1999 is indicated in Annex I, point A.

(1) OJ L 193, 29.7.2000, p. 39.

2.
The minimal amount of the support, calculated as a func-
tion of the minimum cost necessary to form a small producer
group, is indicated in Annex I, point B.

CHAPTER V

ADMINISTRATIVE AND FINANCIAL PROVISIONS

Article 8

Evaluation

The mid-term evaluation referred to in Articles 56 and 57 of
Regulation (EC) No 445/2002 shall not apply to the new
Member States during the 2004 to 2006 programming period.

Article 9

Programming

1.
To apply point 8 of Annex II to Regulation (EC) No 445/
2002 new Member States will use the indicative overall finan-
cial table included in Annex II to this Regulation.

2.
In addition to the information foreseen in point 9 of
Annex II to Regulation (EC) No 445/2002, the rural develop-
ment plans provided for in Title III, Chapter II of Regulation
(EC) No 1257/1999 contain the information listed in Annex III
to this Regulation.

CHAPTER VI

FINAL PROVISIONS

Article 10

Entry into force

This Regulation shall enter into force on 1 May 2004 subject
to the entry into force of the Act of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

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

Done at Brussels, 28 January 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

Table of amounts for the measures specific to Malta

A. Maximum amount referred to in Article 6:

Subject

Maximum payment for maintenance and preservation of
rubble walls

B. Maximum amount referred to in Article 7, second indent:

Subject

Support for establishment of a producer group

EUR

2 000

EUR

63 000

63 000

63 000

60 000

50 000

per hectare

First year

Second year

Third year

Fourth year

Fifth year

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ANNEX II

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Information on the specific measures and derogations referred to in Chapter IXa of Regulation (EC) No 1257/
1999 to be listed in rural development plans

ANNEX III

1. Measures applicable to all new Member States

I. Support for semi-subsistence farms undergoing restructuring

A. Main features:

— definition of the semi-subsistence farm taking account of the minimum and/or maximum size of the farm,

the proportion of production marketed, and/or the level of income of the eligible farm,

— definition of economic viability;

B. Other information:

— the contents of the business plan.

II. Producer groups

A. Main features:

— solely for Malta, indication of the sector or sectors benefiting from the derogation with the justification
related to the extremely small total output, and the conditions of eligibility for the derogation: minimum
percentage of the group's production compared to total production in the sector, minimum percentage of
producers in the sector who are members of the group,

— solely for Malta, justification and calculation of annual amounts;

B. Other information:

— description of the official procedure for recognising the groups including selection criteria,

— sectors concerned.

III. Technical assistance

A. Main features:

— not applicable;

B. Other information:

— description of beneficiaries.

IV. Leader+ type measures

Ac qu isiti on of ski lls (Arti cle 33f(1) of R eg ula tion (E C) No 1257/1999)

A. Main features:

— procedure and timetable for selecting the contractors responsible for implementing the actions;

B. Other information:

— not applicable.

P i lot r u r a l de v e l op me n t te r r i tor i a l st r a te g i e s ( A r t i c l e 3 3 f( 2 ) of R e g u l a ti on (E C) N o
1257/1999)

A. Main features:

— procedure and timetable for selecting the local action groups benefiting from the measure, including selec-

tion criteria and planned maximum number of beneficiaries,

— criteria for demonstrating administrative capacity and experience in approaches of the ‘local rural develop-

ment’ type at region level;

B. Other information:

— not applicable.

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V. Complements to direct payments

A. Main features:

— Community contribution for each year of the programme;

B. Other information:

— designation of paying agency.

2. Measures applicable to Malta

I. Complements to State aid

A. Main features:

— not applicable;

B. Other information:

— designation of paying agency.

3. Derogations applicable to all new Member States

I. Improving the processing and marketing of agricultural products

A. Main features:

— not applicable;

B. Other information:

— list of undertakings benefiting from a period of transition as referred to in Article 33l(3).

4. Derogation applicable to Estonia

I. Afforestation of agricultural land

A. Main features:

— not applicable;

B. Other information:

— description of control of land use during the last five years preceding the afforestation.

5. Derogation applicable to Malta

I. Agri-environment

A. Main features:

— justification and calculation of annual ceilings for maintenance and preservation of rubble walls;

B. Other information:

— not applicable.