Council Decision of 22 March 2004 adapting the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, following the reform of the common agricultural policy
Date: 2004-03-22
Institutions: Council of the European Union
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, accession to the European Union, reform of the CAP

30.3.2004

EN

Official Journal of the European Union

L 93/1

COUNCIL DECISION

of 22 March 2004

adapting the Act concerning the conditions of accession of the Czech Republic, the Republic of
Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the European Union is founded, following
the reform of the common agricultural policy

(2004/281/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty of Accession concerning the acces-
sion of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia to the European
Union (1), signed in Athens on 16 April 2003, and in particu-
lar Article 2(3) thereof,

the Czech Republic,

the Republic of Estonia,

Having regard to the Act concerning the conditions of acces-
sion of
the
Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak
Republic and the adjustments to the Treaties on which the
European Union is founded, (2) hereinafter as the ‘Act of Acces-
sion’, and in particular Article 23 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (3),

Whereas:

(1)

(2)

(3)

reform and
The common agriculture policy (CAP)
notably 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 (4) introduces significant changes to the acquis
on which the accession negotiations were based.

There is therefore a need to adapt the Act of Accession
of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia (those
states hereinafter referred to as the ‘new Member States’)
so that the negotiation results are compatible with the
new acquis, especially where references in the Act of
Accession are rendered obsolete or where the negotia-
tion results are not compatible with the new agricultural
regulations.

In making the necessary adaptations to the Act of Acces-
sion the fundamental character and principles of the
negotiation results should be maintained and applied to
any new elements. Moreover, the adaptations of the Act
of Accession should be limited to what is absolutely
necessary.

(4)

(5)

(6)

(7)

(8)

Council Regulation (EC) No 1787/2003 of 29 September
2003 amending Regulation (EC) No 1255/1999 on the
common organisation of the market in milk and milk
products (5) and Regulation (EC) No 1788/2003 of 29
September 2003 establishing a levy in the milk and
milk-products sector (6) introduce significant changes in
the acquis in the milk sector. There is therefore a need
to make technical adaptations to the Act of Accession in
this area so that the negotiation results refer to, and fit
with, the new acquis.

Regulation (EC)

The new measures ‘Compliance with Community stan-
dards’ created for the new Member States during acces-
sion negotiations and ‘meeting standards’ introduced by
of
Council
29 September 2003
(EC)
amending
No 1257/1999 on support for rural development from
the European Agricultural Guidance and Guarantee Fund
(EAGGF) (7) should be amalgamated in such a way as to
avoid an overlap between them whilst maintaining the
possibilities available to the new Member States under
the compliance measure.

No 1783/2003
Regulation

LEADER (Community initiative for rural development)
type activities should be supported for the new Member
States through a measure integrated into the Structural
Funds programmes rather than a separate programme.

Regulation (EC) No 1782/2003 repeals Council Regu-
lation (EC) No 1259/1999 of 17 May 1999 estab-
lishing common rules for direct support schemes under
the common agricultural policy (8). It is therefore neces-
sary to incorporate the provisions related to the intro-
duction of direct payments in the new Member States
and to the single area payment scheme in Regulation
(EC) No 1782/2003.

In order to maintain the negotiation results there is a
particular need to make the necessary adaptations to
ensure that the statutory management requirements of
the cross compliance provisions of Regulation (EC) No
1782/2003 are optional for the new Member States that
apply the single area payment scheme.

(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 33.
(3) Opinion delivered on 11 March 2004 (not yet published in the Offi-

cial Journal).

(4) OJ L 270, 21.10.2003, p. 1.

(5) OJ L 270, 21.10.2003, p. 121.
(6) OJ L 270, 21.10.2003, p. 123.
(7) OJ L 270, 21.10.2003, p. 70.
(8) OJ L 160, 26.6.1999, p. 113.

L 93/2

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Official Journal of the European Union

30.3.2004

(9)

(10)

New Member States should apply the single payment
scheme at the end of the period of application of the
single area payment scheme.

In order to maintain the coherence of the complemen-
tary national direct payments, some adaptations have to
be made following the introduction of the new single
payment scheme. Specifically,
it is necessary to adjust
the arrangements in the act of accession to ensure that
such complementary payments can function as intended
under three different scenarios: firstly the ‘classical’ direct
payment scheme, secondly the regional option of the
new single payment scheme, and thirdly the single area
payment scheme.

(11)

The Act of Accession should be adapted so as to give
continuing effect
to any transition periods accorded
when regulations from which such derogations were
made have been repealed,

HAS DECIDED AS FOLLOWS:

Article 1

Chapter 6, A. ‘Agricultural Legislation’ of Annex II to the Act
of Accession shall be adapted as follows:

1) Point 13 shall be replaced by the following:

‘13. 32003 R 1788: Council Regulation

(EC) No
1788/2003 of 29 September 2003 establishing a levy
in the milk and milk products sector (OJ L 270,
21.10.2003, p. 123)’

(a) in Article 1, the following paragraphs are added:

that

For the Czech Republic, Estonia, Latvia, Lithuania,
‘4.
Hungary, Poland, Slovenia and Slovakia a special
restructuring reserve shall be established as set out in
table (g) of Annex I. This reserve shall be released as
the onfarm
from 1 April 2006 to the extent
consumption of milk and milk products in each of these
countries has decreased since 1998 for Estonia and
Latvia and 2000 for the Czech Republic, Lithuania,
Hungary, Poland, Slovenia and Slovakia. The decision
on releasing the reserve and of its distribution to the
deliveries and direct sales quota shall be taken by the
Commission in accordance with the procedure referred
to in Article 23(2) of Regulation (EC) No 1788/2003
on the basis of an assessment of a report
to be
the Czech Republic, Estonia, Latvia,
submitted by
Lithuania, Hungary, Poland, Slovenia and Slovakia to
the Commission by 31 December 2005. This report
shall detail the results and trends of the actual restruc-
turing process in the country's dairy sector and, in par-
ticular the shift from production for on-farm consump-
tion to production for the market.

For the Czech Republic, Estonia, Cyprus, Latvia,
5.
and
Lithuania, Hungary, Malta,
Slovakia the national reference quantities shall include

Slovenia

Poland,

all cow's milk or milk equivalent delivered to a
purchaser or sold directly for consumption irrespective
of whether it is produced or marketed under a transi-
tional measure applicable in these countries.’

(b) in Article 6(1) the following subparagraphs are added:

the Czech Republic, Estonia, Cyprus, Latvia,
‘For
Lithuania, Hungary, Malta,
and
Slovakia the basis for the individual reference quantities
referred to are set out in table (f) of Annex I.

Slovenia

Poland,

In the case of the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia the twelve month period for the establishment
of the individual reference quantities shall commence
on: 1 April 2001 for Hungary, 1 April 2002 for Malta
and Lithuania, 1 April 2003 for the Czech Republic,
Cyprus, Estonia, Latvia and Slovakia and 1 April 2004
for Poland and Slovenia.

However,
in order to apply Article 95 of Regulation
(EC) No 1782/2003 (*), where the case may be, Poland
and Slovenia may establish provisional individual refer-
ence quantities based on the twelve month period
which commences on 1 April 2003 and they shall
establish definitive individual reference quantities by
1 April 2005. Until 1 April 2005 Articles 3 and 4 of
this Regulation are not applicable in Poland and
Slovenia.

For Poland the distribution of the total quantity between
deliveries and direct sales shall be reviewed on the basis
of its actual 2003 figures on deliveries and direct sales
and, if necessary, adjusted by the Commission in accord-
ance with the procedure referred to in Article 23(2) of
Regulation (EC) No 1788/2003.

(*) OJ L 270, 21.10.2003, p. 1.’

(c) in Article 9(2) the following subparagraph is added:

the Czech Republic, Estonia, Cyprus, Latvia,
‘For
Lithuania, Hungary, Poland, Slovenia and Slovakia, the
reference fat content referred to in paragraph 1 shall be
the same as the reference fat content of the quantities
allocated
dates:
31 March 2002 for Hungary, 31 March 2003 for
Lithuania, 31 March 2004 for the Czech Republic,
Cyprus, Estonia, Latvia and Slovakia and 31 March
2005 for Poland and Slovenia.’

to producers

following

on the

(d) in Annex I, the tables are replaced by the following:

‘(a) Period 2004/2005

For the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and
Slovakia the national reference quantities referred
to in Article 1(1) are applicable from 1 May 2004
to 31 March 2005.

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Official Journal of the European Union

L 93/3

Member State

Quantities, tonnes

Member State

Quantities, tonnes

Belgium

Czech Republic

Denmark

Germany

Estonia

Greece

Spain

France

Ireland

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

3 310 431,000

2 682 143,000

4 455 348,000

27 864 816,000

624 483,000

820 513,000

6 116 950,000

24 235 798,000

5 395 764,000

10 530 060,000

145 200,000

695 395,000

1 646 939,000

269 049,000

1 947 280,000

48 698,000

11 074 692,000

2 749 401,000

8 964 017,000

1 870 461,000

560 424,000

1 013 316,000

2 407 003,324

3 303 000,000

United Kingdom

14 609 747,000

(b) Period 2005/2006

Member State

Quantities, tonnes

Belgium

Czech Republic

Denmark

Germany

Estonia

Greece

Spain

France

Ireland

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal (*)

Slovenia

3 310 431,000

2 682 143,000

4 455 348,000

27 864 816,000

624 483,000

820 513,000

6 116 950,000

24 235 798,000

5 395 764,000

10 530 060,000

145 200,000

695 395,000

1 646 939,000

269 049,000

1 947 280,000

48 698,000

11 074 692,000

2 749 401,000

8 964 017,000

1 920 461,000

560 424,000

Slovakia

Finland

Sweden

United Kingdom

1 013 316,000

2 407 003,324

3 303 000,000

14 609 747,000

(*) Special increase of 50 000 tonnes for exclusive allocation to

producers in the Azores.

(c) Period 2006/2007

Member State

Quantities, tonnes

Belgium

Czech Republic

Denmark

Germany

Estonia

Greece

Spain

France

Ireland

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

3 326 983,000

2 682 143,000

4 477 624,000

28 004 140,000

624 483,000

820 513,000

6 116 950,000

24 356 977,000

5 395 764,000

10 530 060,000

145 200,000

695 395,000

1 646 939,000

270 394,000

1 947 280,000

48 698,000

11 130 066,000

2 763 148,000

8 964 017,000

1 929 824,000

560 424,000

1 013 316,000

2 419 025,324

3 319 515,000

United Kingdom

14 682 697,000

(d) Period 2007/2008

Member State

Quantities, tonnes

Belgium

Czech Republic

Denmark

Germany

Estonia

Greece

3 343 535,000

2 682 143,000

4 499 900,000

28 143 464,000

624 483,000

820 513,000

L 93/4

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Official Journal of the European Union

30.3.2004

(e) Period 2008/2009 to 2014/2015

Czech Republic

Member State

Quantities, tonnes

Spain

France

Ireland

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

6 116 950,000

24 478 156,000

5 395 764,000

10 530 060,000

145 200,000

695 395,000

1 646 939,000

271 739,000

1 947 280,000

48 698,000

11 185 440,000

2 776 895,000

8 964 017,000

1 939 187,000

560 424,000

1 013 316,000

2 431 047,324

3 336 030,000

United Kingdom

14 755 647,000

Member State

Quantities, tonnes

Belgium

Czech Republic

Denmark

Germany

Estonia

Greece

Spain

France

Ireland

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

3 360 087,000

2 682 143,000

4 522 176,000

28 282 788,000

624 483,000

820 513,000

6 116 950,000

24 599 335,000

5 395 764,000

10 530 060,000

145 200,000

695 395,000

1 646 939,000

273 084,000

1 947 280,000

48 698,000

11 240 814,000

2 790 642,000

8 964 017,000

1 948 550,000

560 424,000

1 013 316,000

2 443 069,324

3 352 545,000

United Kingdom

14 828 597,000

(f) Reference quantities for deliveries and direct sales
referred to in the second subparagraph of Article
6(1)

Member State

Reference
quantities for
deliveries, tonnes

Reference
quantities for
direct sales, tonnes

Czech Republic

2 613 239

537 188

141 337

468 943

1 256 440

1 782 650

68 904

87 365

3 863

226 452

390 499

164 630

48 698

—

8 500 000

464 017

467 063

990 810

93 361

22 506

(g) Special restructuring reserve quantities referred to

in Article 1(4)

Member State

Special restructuring reserve
quantities, tonnes

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

Estonia

Latvia

Lithuania

Hungary

Poland

Slovenia

Slovakia

55 788

21 885

33 253

57 900

42 780

416 126

16 214

27 472’

(e) in Annex II the table is replaced by the following:

‘REFERENCE FAT CONTENT

Member State

Reference fat content (g/kg)

Belgium

Czech Republic

Denmark

Germany

Estonia

Greece

Spain

France

Ireland

36,91

42,10

43,68

40,11

43,10

36,10

36,37

39,48

35,81

30.3.2004

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Official Journal of the European Union

L 93/5

Member State

Reference fat content (g/kg)

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

United Kingdom

36,88

34,60

40,70

39,90

39,17

38,50

42,36

40,30

39,00

37,30

41,30

37,10

43,40

43,40

39,70’

2) point 15(c) shall be replaced by the following:

‘(c) Article 5 is 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 the quantity of potato starch up to the quota limit
referred to in Article 2(2) or 2(4), 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.”’

the Czech Republic, Estonia, Cyprus, Latvia,
For
Lithuania, Hungary, Malta,
and
Slovakia the 12 month period referred to in the first
subparagraph shall be that of 2004/2005.

Slovenia

Poland,

(*) OJ L 270, 21.10.2003, p. 123.’

(c) in Article 96(2) the table is replaced by the following:

Additional payments: global amounts expressed in

‘2.
EUR million:

2004

2005

2006 and
2007 (*)

Belgium

12,12

24,30

36,45

Czech Republic

9,817

19,687

29,530

Denmark

16,31

32,70

49,05

Germany

101,99

204,53

306,79

Estonia

Greece

Spain

France

Ireland

Italy

Cyprus

Latvia

2,286

4,584

2,31

4,63

20,38

40,86

6,876

6,94

61,29

88,70

177,89

266,84

19,20

38,50

57,76

36,34

72,89

109,33

0,531

1,066

2,545

5,104

1,599

7,656

Lithuania

6,028

12,089

18,133

Luxembourg

0,98

1,97

2,96

Hungary

7,127

14,293

21,440

Malta

0,178

0,357

0,536

3) point 25 shall be replaced by the following:

Netherlands

40,53

81,29

121,93

‘25. 32003 R 1782: Council Regulation

of

29 September 2003

(EC) No
1782/2003
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
(EC) No 1868/94,
1453/2001,
(EC) No
(EC) No 1254/1999,
(EC) No 1251/1999,
1673/2000,
(EEC) No 2358/71 and (EC) No 2529/
2001 (OJ L 270, 21.10.2003, p. 1)’

(EC) No 1452/2001,

(EC) No 1454/2001,

(a) in Article 95(2) the following subparagraph is added:

‘For Poland and Slovenia, the amount per tonne for the
dairy premium for 2004 shall be multiplied by the
provisional
individual reference quantity available on
the holding on 1 May 2004.’

(b) in Article 95(4) the following subparagraphs are added:

the Czech Republic, Estonia, Cyprus, Latvia,
‘For
Lithuania, Hungary, Malta,
and
Slovakia the total quantities referred to in the first sub-
paragraph are set out in table (f) of Annex I of Council
Regulation (EC) No 1788/2003 (*).

Slovenia

Poland,

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

10,06

20,18

30,27

32,808

65,796

98,694

6,85

13,74

2,051

4,114

20,62

6,170

3,709

7,438

11,157

8,81

17,66

12,09

24,24

26,49

36,37

United Kingdom

53,40

107,09

160,64

(*) And, in case of application of Article 70, for the following calendar

years.

In the new Member States the global amounts shall be
applied in accordance with the schedule of increments
as set out in Article 143a.’

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4) point 26 shall be adapted as follows:

(a) the title is replaced by the following:

‘26. 31999 R 1257: Council Regulation (EC) No
1257/1999 of 17 May 1999 on support for rural
from the European Agricultural
development
Fund (EAGGF)
and Guarantee
Guidance
and
amending
certain Regulations
repealing
and
(OJ L 160, 26.6.1999, p. 80), as amended by

— 32003 R 1783: Council Regulation (EC) No
(OJ L 270,

29.9.2003

1783/2003
21.10.2003, p. 70)’;

of

(b) point 1 inserting Chapter IXa of Title II is amended as

follows:

(i) Article 33c is deleted;

(ii) Article 33f(2) is replaced by the following:

‘2.
Support may be granted for the adoption of
integrated territorial rural development strategies, of
a pilot nature, prepared by local action groups in
accordance with the principles laid down in items
12, 14 and 36 of the Commission notice to the
Member States of 14 April 2000 laying down
guidelines for the Community initiative for rural
development
(Leader+) (*). This support shall be
limited to regions where there is already sufficient
administrative capacity and experience of local rural
development type approaches.

(*) OJ C 139, 18.5.2000, p. 5.’

(iii) Article 33h is replaced by the following:

‘Article 33h

Complements to direct payments

As a temporary and sui generis provision
1.
support may be granted to farmers eligible for
complementary national direct payments or aids
under Article 143c of Council Regulation (EC) No
1782/2003 (*) during the 2004-2006 period only.

2.
The support granted to a farmer in respect of
the years 2004, 2005, 2006 shall not exceed the
difference between:

(a) the level of direct payments applicable in the
new Member States for the year concerned in
accordance with Article 143a of Regulation
(EC) No 1782/2003, and

(b) 40 % of the level of direct payments applicable
in the Community as constituted on 30 April
2004 in the relevant year.

3.
The Community contribution to support
granted under this Article in a new Member State
in respect of each of the years 2004, 2005 and
2006 shall not exceed 20 % of its respective annual
allocation. However, a new Member State may

replace this 20 % annual rate with the following
rates: 25 % for 2004, 20 % for 2005 and 15 % for
2006.

Support granted to a farmer under this Article

4.
shall be counted:

(a) in the case of Cyprus, as complementary
national direct aid for the purposes of applying
the total amounts referred to in Article 143c(3)
of Regulation (EC) No 1782/2003;

(b) in the case of any other new Member State, as
complementary national direct payments or
aids, as applicable, for the purposes of applying
the maximum levels set out in Article 143c(2)
of Regulation (EC) No 1782/2003.

(*) OJ L 270, 21.10.2003, p. 1.’

(iv) in Article 33l, the following paragraph is inserted

after paragraph 2:

By way of derogation from Article 21b, for
‘2a.
agricultural Community standards for which a tran-
sitional period is provided for under the Annexes
referred to in Article 24 of the Act of Accession (*)
the temporary support may be granted, from the
date of eligibility of expenditures under the rural
development programming document, to farmers
who comply with these standards, for a period not
exceeding five years.

(*) OJ L 236, 23.9.2003, p. 33.’

(c) in point 6 inserting Chapter IVa of Title III, Article

47a(1)(c) is deleted;

(d) in point 10 adding Annex II, the row relating to Article

33c is deleted;

5) point 27 shall be replaced by the following:

‘27. 32003 R 1782: Council Regulation

of

29 September 2003

(EC) No
1782/2003
establishing
common rules for direct support schemes under the
common agricultural policy and establishing certain
support schemes for farmers and amending Regulation-
s (EEC) No 2019/93,
(EC) No
(EC) No 1868/94,
1453/2001,
1254/1999,
No
(EC)
(EC) No 1673/2000, (EEC) No 2358/71 and (EC) No
2529/2001 (OJ L 270, 21.10.2003, p. 1)’

(EC) No 1454/2001,
1251/1999,

(EC) No 1452/2001,

(EC)

No

(a) in Article 1, after the second indent the following indent

is inserted:

‘— a transitional simplified income support for farmers
in the new Member States (hereinafter referred to as
the “single area payment scheme”)’

(b) in Article 2 the following point (g) is added:

‘(g) “new Member States” means the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.’

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(c) after Title IV, the following Title IVa is inserted:

‘TITLE IVA

— adjusted using the relevant percentage specified in
Article 143a for the gradual introduction of direct
payments.

IMPLEMENTATION OF SUPPORT SCHEMES IN THE
NEW MEMBER STATES

Article 143a

Introduction of support schemes

In the new Member States direct payments shall be
introduced in accordance with the following schedule of
increments expressed as a percentage of the then applic-
able level of such payments in the Community as consti-
tuted on 30 April 2004:

— 25 % in 2004,

— 30 % in 2005,

— 35 % in 2006,

— 40 % in 2007,

— 50 % in 2008,

— 60 % in 2009,

— 70 % in 2010,

— 80 % in 2011,

— 90 % in 2012,

— 100 % as from 2013.

Article 143b

Single Area Payment scheme

1.
The new Member States may decide not later than
the date of accession to replace the direct payments
during the period of application referred to in para-
graph 9 with a single area payment which shall be
calculated according to paragraph 2.

2.
The single area payment shall be made once a
year. It shall be calculated by dividing the annual finan-
cial envelope established according to paragraph 3 by
the agricultural area of each new Member State estab-
lished according to paragraph 4.

For any new Member State, the Commission shall

3.
establish an annual financial envelope:

— as the sum of the funds that would be available in
respect of the calendar year concerned for granting
direct payments in the new Member State,

— according to the relevant Community rules and on
the basis of the quantitative parameters, such as base
areas, premium ceilings and Maximum Guaranteed
Quantities (MGQ), specified in the Act of Accession
and subsequent Community legislation for each
direct payment, and

The agricultural area of a new Member State
4.
under the single area payment scheme shall be the part
of its utilised agricultural area which has been main-
tained in good agricultural condition at 30 June 2003,
whether in production or not at that date, and, where
appropriate, adjusted in accordance with the objective
criteria to be set by that new Member State after
approval by the Commission.

“Utilised agricultural area” shall mean the total area
taken up by arable land, permanent grassland, perma-
nent crops and kitchen gardens as established by the
Commission (EUROSTAT) for its statistical purposes.

5.
For the purpose of granting payments under the
single area payment scheme, all agricultural parcels
corresponding to the criteria provided for in paragraph
4 shall be eligible.

The minimum size of eligible area per holding for
which payments may be requested shall be 0,3 ha.
However, any new Member State may decide, on the
basis of objective criteria and after approval by the
Commission, to set the minimum size at a higher level
not exceeding 1 ha.

There shall be no obligation to produce or to
6.
employ the factors of production. However,
farmers
may use the land referred to in paragraph 4 for any
agricultural purpose. In the case of production of hemp
falling within CN code 5302 10 00, Article 5a(2) of
Council Regulation (EC) No 1251/1999 (*) and Article
7b of Commission Regulation (EC) No 2316/1999 (**)
as well as Article 52(1) of this Regulation shall apply.

Any land benefiting from payments under the single
area payment scheme shall be maintained in good agri-
cultural condition compatible with the protection of the
environment.

As from 1 January 2005 the application of Articles 3, 4,
6, 7 and 9 shall be optional for the new Member States
insofar as these provisions relate to statutory manage-
ment requirements.

7. Where in a given year the single area payments in
a new Member State would exceed its annual financial
envelope, the national amount per hectare applicable in
that new Member State shall be reduced proportionately
by application of a reduction coefficient.

The Community rules on the integrated system
8.
laid down respectively in Council Regulation (EEC)
No 3508/92 (***), and in particular Article 2 thereof,
and in Chapter 4 of Title II of this Regulation, and in
particular Article 18, shall apply to the single area
payment scheme to the extent necessary. Accordingly,
any new Member State choosing this scheme shall:

L 93/8

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Official Journal of the European Union

30.3.2004

— prepare and process farmers' annual aid applications.
Such applications shall contain data on applicants
and on declared agricultural parcels (identification
number and area);

— put in place a land parcel identification system so as
to ensure that the parcels for which aid applications
have been made can be identified and their area
established,
the parcels concern agricultural
land and that they are not the subject of another
application;

that

— have in place a computerised database for agri-

cultural holdings, parcels and aid applications;

— check the aid applications pertaining to the year
2004 in accordance with Articles 7 and 8 of Regu-
lation (EEC) No 3508/92 and those pertaining to
any year as from 2005 in accordance with Article
23 of this Regulation.

The application of the single area payment scheme shall
not in any way affect the obligation of any new Member
State with regard to the implementation of Community
rules on the identification and registration of animals as
provided for by Council Directive 92/102/EEC (****) and
Regulation (EC) No 1760/2000 of the European Parlia-
ment and of the Council (*****).

9.
For any new Member State the single area
payment scheme shall be available for a period of appli-
cation until the end of 2006 with the possibility of
renewal twice by one year at the new Member State's
request. Subject to the provisions of paragraph 11, any
new Member State may decide to terminate the applica-
tion of the scheme at the end of the first or the second
year of the period of application with a view to applying
the single payment scheme. New Member States shall
notify the Commission of their intention to terminate
by 1 August of the last year of application.

Before the end of the period of application of the
10.
single area payment scheme,
the Commission shall
assess the state of preparedness of the new Member
State concerned to apply fully the direct payments.

In particular, by the end of the period of application of
the single area payment scheme, the new Member State
shall have taken all necessary steps to set up the inte-
grated system as referred to in Article 18 for running
properly the direct payments in the form then applic-
able.

On the basis of its assessment, the Commission

11.
shall:

(a) note that

the new Member State can enter the
system of direct payments applied in the Member
States of the Community as constituted on 30 April
2004,

(b) decide to extend the application of the single area
payment scheme by the new Member State for the
period estimated necessary to allow for the neces-
sary management and control procedures to be fully
in place and to function properly.

Before the end of
referred to in point (b), paragraph 10 shall apply.

the extended application period

Until the end of the 5 year period of application of the
single area payment scheme (i.e. 2008), the percentage
rate set out in Article 143a shall apply. If the applica-
tion of the single area payment scheme is extended
beyond that date pursuant to a decision taken under
point (b), the percentage rate set out in Article 143a for
the year 2008 shall apply until the end of the last year
of application of the single area payment scheme.

12.
After the end of the period of application of the
single area payment scheme, the direct payments shall
be applied according to the relevant Community rules
and on the basis of the quantitative parameters, such as
base area, premium ceilings and Maximum Guaranteed
Quantities
specified in the Act of Acces-
sion (******) for each direct payment and subsequent
Community legislation. The percentage rates set out in
Article 143a for the relevant years shall subsequently
apply.

(MGQ),

13.
New Member States shall inform the Commission
in detail of the measures taken to implement this Article
and in particular the measures taken pursuant to para-
graph 7.

Article 143c

Complementary national direct payments and direct
payments

1.
For the purposes of this Article: “CAP-like national
scheme” shall mean any national direct payment scheme
applicable prior to the date of accession of the new
Member States under which the support was granted to
farmers in respect of production covered by one of the
direct payments.

The new Member States shall have the possibility,
2.
subject to authorisation by the Commission, of comple-
menting any direct payments up to:

(a) with regard to all direct payments, 55 % of the level
of direct payments in the Community as constituted
on 30 April 2004 in 2004, 60 % in 2005 and
65 % in 2006 and from 2007 up to 30 percentage
points above the applicable level referred to in Arti-
cle 143a in the relevant year. However, the Czech
Republic may complement direct payments in the
potato starch sector up to 100 % of the level applic-
able in the Community as constituted on 30 April
2004.

or

or

30.3.2004

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Official Journal of the European Union

L 93/9

(b)

(i) with regard to direct payments other than the
single payment scheme, the total level of direct
support the farmer would have been entitled to
receive, on a product by product basis, in the
new Member State in the calendar year 2003
under a CAP-like national scheme increased by
10 percentage points. However for Lithuania the
reference year shall be the calendar year 2002
and for Slovenia the increase shall be 10 percen-
tage points in 2004, 15 percentage points in
in 2006 and
2005, 20 percentage points
25 percentage points from 2007.

(ii) with regard to the single payment scheme the
total amount of complementary national direct
aid which may be granted by a new Member
State in respect of a given year shall be limited
by a specific financial envelope. This envelope
shall be equal to the difference between:

— the total amount of CAP-like national direct
support that would be available in the rele-
vant new Member State in respect of the
in the case of
calendar year 2003 or,
Lithuania, of the calendar year 2002, each
increased by 10 percentage points.
time
for Slovenia the increase shall
However,
in 2004, 15
be 10 percentage
percentage points in 2005, 20 percentage
points in 2006 and 25 percentage points
from 2007,

points

and

— the national ceiling of

that new Member
State listed in Annex VIIIa adjusted, where
accordance with Arti-
appropriate,
cles 64(2) and 70(2).

in

and/or

For the purpose of calculating the total amount
referred to in the first indent above, the national
direct payments
corre-
sponding to the Community direct payments and/or
its components which were taken into account for
calculating the effective ceiling of the new Member
State concerned in accordance with Article 64(2),
70(2) and 71c shall be included.

components

its

For each direct payment concerned a new Member
State may choose to apply either option (a) or (b)
above.

The total direct support the farmer may be granted
in the new Member States after accession under the
relevant direct payment including all complementary
national direct payments shall not exceed the level
of direct support the farmer would be entitled to
receive under
the corresponding direct payment
then applicable to the Member States in the Com-
munity as constituted on 30 April 2004.

Cyprus may complement direct aid paid to a
3.
farmer under any direct payments listed in Annex I up
to the total level of support the farmer would have been
entitled to receive in Cyprus in 2001.

The Cypriot authorities shall ensure that the total direct
support the farmer is granted after accession in Cyprus
under the relevant direct payment including all comple-
mentary national direct payments in no case exceeds the
level of direct support the farmer would be entitled to
receive under that direct payment in the relevant year in
the Community as constituted on 30 April 2004.

The total amounts of complementary national aid to be
granted shall be those indicated in Annex XII.

The complementary national aid to be granted shall be
subject
to any adjustments which may be rendered
necessary by developments in the common agricultural
policy.

The paragraphs 2 and 5 shall not apply to Cyprus.

If a new Member State decides to apply the single
that new Member State may
the

4.
area payment scheme,
grant complementary national direct aid under
conditions referred to in paragraphs 5 and 8.

5.
In respect of the year 2004, the total amount per
(sub)sector of complementary national aid granted in
that year when applying the single area payment
scheme shall be limited by a specific financial envelope
per (sub)sector. This envelope shall be equal
to the
difference between:

— the total amount of support per (sub)sector resulting
from the application of the points (a) or (b) of para-
graph 2, as appropriate, and

— the total amount of direct support that would be
available in the relevant new Member State for the
same (sub)sector in the year concerned under the
single area payment scheme.

In respect of any year as from 2005 the requirement to
operate the above limitation by means of applying
(sub)sector specific financial envelopes shall not apply.
However, the new Member States shall retain the right
to apply
envelopes,
specific
specific financial
provided that
envelope may only relate to

such a (sub)sector

(sub)sector

financial

— the direct payments combined to the single payment

scheme, and/or

— one or more of

the direct payments

that are
excluded or may be excluded from the single
payment scheme in accordance with Article 70(2) or
may be subject to partial implementation as referred
to in Article 64(2).

L 93/10

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Official Journal of the European Union

30.3.2004

The new Member State may decide on the basis of
6.
objective criteria and after authorisation by the Commis-
sion, on the amounts of complementary national aid to
be granted.

The authorisation by the Commission shall:
7.
— where point (b) of paragraph 2 applies, specify the
relevant CAPlike national direct payment schemes,

— define the level up to which the complementary
national aid may be paid, the rate of the comple-
mentary national aid and, where appropriate, the
conditions for the granting thereof,

— be granted subject to any adjustments which may be
rendered necessary by developments in the common
agricultural policy.

8.
No complementary national payments or aid shall
be granted for agricultural activities in respect of which
direct payments are not foreseen in the Community as
constituted on 30 April 2004.

Cyprus may,

9.
in addition to the complementary
national direct payments, grant transitional and degres-
sive national aid until the end of 2010. This State aid
shall be granted in a form similar to Community aid,
such as decoupled payments.

Taking into account the nature and amount of national
support granted in 2001, Cyprus may grant State aid to
the (sub)sectors listed in Annex XIII and up to the
amounts specified in that Annex.

The State aid to be granted shall be subject to any
adjustments which may be rendered necessary by devel-
opments in the common agricultural policy. Should
such adjustments prove necessary, the amount of the
aid or the conditions for the granting thereof shall be
amended on the basis of a decision by the Commission.

Cyprus shall submit an annual report to the Commis-
sion on the implementation of the State aid measures,
indicating the aid forms and amounts per (sub)sector.

Latvia may,

10.
in addition to the complementary
national direct payments, grant transitional and degres-
sive national aid until the end of 2008. This State aid
shall be granted in a form similar to Community aid,
such as decoupled payments.

Latvia may grant State aid to the (sub)sectors listed in
Annex XIV up to the amounts specified in that Annex.

The State aid to be granted shall be subject to any
adjustments which may be rendered necessary by devel-
opments in the common agricultural policy. Should

such adjustments prove necessary, the amount of the
aid or the conditions for the granting thereof shall be
amended on the basis of a decision by the Commission.

Latvia shall submit an annual report to the Commission
on the implementation of the State aid measures, indi-
cating the aid forms and amounts per (sub)sector.

(*)

(**)

(***)

(****)

Council Regulation (EC) No 1251/1999 estab-
lishing a support
system for producers of
certain arable crops (OJ L 160, 26.6.1999, p.
1).
Commission Regulation (EC) No 2316/1999
laying down detailed rules for the application of
Council Regulation (EC) No 1251/1999 estab-
system for producers of
lishing a support
certain arable crops (OJ L 280, 30.10.1999, p.
43).
Council Regulation (EEC) No 3508/92 estab-
lishing an integrated administration and control
system for certain Community aid schemes
(OJ L 355, 5.12.1992, p. 1).
Council Directive 92/102/EEC on the identifica-
tion and registration of animals (OJ L 355,
5.12.1992, p. 32).

(*****) Regulation (EC) No 1760/2000 of the European
Parliament and of the Council 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).

(******) OJ L 236, 23.9.2003, p. 33.’

(d) in Article 145 after point (d) the following point is

inserted:
‘(d)a) detailed rules relating to the implementation of

the provisions in Title IVa,’;

(e) in Article 153(4) the following sentence is added:

‘The simplified scheme referred to in Article 2a of that
Regulation shall not apply to the new Member States.’
(f) in Annex I, the following line is inserted after the line

‘Single payment’:

‘Single area payment

Title IVa,
Article 143b of
this Regulation

Decoupled
payment replacing
all the direct
payments referred
to in this Annex’

(g) the following Annexes are added:

‘ANNEX XII

Table 1

Cyprus: Complementary national direct payments where the normal schemes for direct payments apply

.

.

3
0
3
2
0
0
4

Schedule of increments

Sector

25%

2004

30%

2005

35%

2006

40%

2007

50%

2008

60%

2009

70%

2010

80%

2011

90%

2012

Arable crops (durum wheat
excluded)

7 913 822

7 386 234

6 858 646

6 331 058

75 881

4 220 705

3 165 529

2 110 353

1 055 176

Durum wheat

2 256 331

2 059 743

1 888 505

1 743 235

1 452 696

1 162 157

871 618

581 078

290 539

Grain legumes

30 228

28 273

26 318

24 363

20 363

16 362

12 272

8 181

4 091

Milk and dairy

887 535

1 759 243

2 311 366

2 133 569

1 777 974

1 422 379

1 066 784

711 190

355 595

Beef

3 456 709

3 226 262

2 995 814

2 765 367

2 304 473

1 843 578

1 382 684

921 789

460 895

Sheep and goat

8 267 087

7 715 948

7 164 809

6 613 669

5 511 391

4 409 113

3 306 835

2 204 556

1 102 278

Olive oil

Tobacco

Bananas

Dried grapes

Almonds

5 951 250

5 554 500

5 157 750

4 761 000

3 967 500

3 174 000

2 380 500

1 587 000

793 500

782 513

730 345

678 178

626 010

521 675

417 340

313 005

208 670

104 335

3 290 625

3 071 250

2 851 875

2 632 500

2 193 750

1 755 000

1 316 250

877 500

104 393

86 562

68 732

50 901

15 241

49 594

30 878

12 161

0

0

0

0

0

0

0

0

0

0

0

Total

32 990 086

31 649 237

30 014 153

27 681 672

23 040 943

18 420 634

13 815 476

9 210 317

4 166 409

Complementary national direct payments under Single Payment Scheme:

The total amount of complementary national direct payments that may be granted under the Single Payment Scheme shall be equal to the sum of the sectoral ceilings referred to in
this table relating to the sectors that are covered by the Single Payment Scheme to the extent that the support in these sectors is decoupled.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

L

9
3
/
1
1

Cyprus: Complementary national direct payments where the single area payment scheme for direct payments applies

Table 2

Sector

2004

2005

2006

2007

Single area payment scheme

Arable crops (durum wheat excluded)

Durum wheat

Grain legumes

Milk and dairy

Beef

Sheep and goat

Olive oil

Dried grapes

Bananas

Tobacco

Total

6 182 503

2 654 980

27 346

1 153 380

4 608 945

10 932 782

7 215 000

182 325

4 368 300

1 049 000

38 374 562

3 997 873

2 469 490

20 566

2 323 212

4 608 945

10 887 782

6 855 000

176 715

4 358 700

1 046 750

36 745 034

2 687 095

2 358 196

16 498

3 501 948

4 608 945

10 860 782

6 639 000

173 349

4 352 940

1 045 400

36 244 154

1 303 496

2 240 719

12 204

3 492 448

4 608 945

10 832 282

6 411 000

169 796

4 346 860

1 043 975

34 461 726

2008

0

2 018 131

4 068

3 474 448

4 608 945

10 778 282

5 979 000

163 064

4 335 340

1 041 275

32 402 554

L

9
3
/
1
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

3
0
3
2
0
0
4

ANNEX XIII

STATE AID CYPRUS

Sector

2004

2005

2006

2007

2008

2009

2010

Cereals (durum wheat excluded)

Milk and dairy

Beef

Sheep and goats

Pig sector

Poultry and eggs

Wine

Olive oil

Table grapes

Processed tomatoes

Bananas

Deciduous fruit including stone fruit

7 920 562

5 405 996

227 103

3 597 708

9 564 120

3 998 310

6 789 053

3 161 383

194 660

3 083 750

8 197 817

3 427 123

5 657 544

1 405 471

162 216

2 569 791

6 831 514

2 855 936

15 077 963

12 923 969

10 769 974

7 311 000

3 706 139

411 102

445 500

9 709 806

6 266 571

3 176 691

352 373

381 857

8 322 691

5 222 143

2 647 242

293 644

318 214

6 935 576

4 526 035

1 124 377

129 773

2 055 833

5 465 211

2 284 749

8 615 979

4 177 714

2 117 794

234 915

254 571

5 548 461

3 394 527

843 283

97 330

1 541 875

4 098 909

1 713 561

6 461 984

3 133 286

1 588 345

176 187

190 929

4 161 346

2 263 018

562 189

64 887

1 027 917

2 732 606

1 142 374

4 307 990

2 088 857

1 058 897

117 458

127 286

1 131 509

281 094

0

513 958

1 366 303

571 187

2 153 995

1 044 429

529 448

58 729

63 643

2 774 230

1 387 115

Total

67 375 310

56 277 938

45 669 267

36 535 414

27 401 560

18 267 707

9 101 410

.

.

3
0
3
2
0
0
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

L

9
3
/
1
3

Flax

Pigmeat sector

Sheep and goats

Seeds

Sector

Total

2004

654 000

204 000

107 000

109 387

1 074 387

ANNEX XIV

STATE AID LATVIA

State aid

2005

523 200

163 200

85 600

87 510

859 510

2006

392 400

122 400

64 200

66 110

645 110

2007

261 600

81 600

42 800

44 710

430 710

2008

130 800

40 800

21 400

23 310

216 310’

L

9
3
/
1
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

3
0
3
2
0
0
4

30.3.2004

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Official Journal of the European Union

Article 2

In Chapter 4, ‘Agriculture’ of Annex VI to the Act of Accession
points 2 and 3 shall be replaced by the following:

‘2. 31999 R 1254: Council Regulation (EC) No 1254/1999
of 17 May 1999 on the common organisation of the
market in beef and veal (OJ L 160, 26.6.1999, p. 21),
as last amended by:

— 32003 R 1782: Council Regulation (EC) No
1782/2003 of 29.9.2003 (OJ L 270, 21.10.2003,
p. 1):

By way of derogation from Article 3(f) of Regulation
(EC) No 1254/1999, Estonia may until the end of the
year 2004 consider cows of the breeds listed in Annex I
to Commission Regulation (EC) No 2342/1999 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1254/1999 on the common organisa-
tion of the market in beef and veal as regards premium
schemes (*), as eligible for the suckler cow premium
under subsection 3 of Regulation (EC) No 1254/1999,
provided they have been covered or inseminated by
bulls of a meat breed.

3. 32003 R 1782: 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
(EC) No
(EEC) No 2019/93,
(EC) No 1868/94,
1453/2001,
(EC) No
(EC) No 1251/1999,
1673/2000,
(EC) No
(EEC) No
2529/2001 (OJ L 270, 21.10.2003, p. 1):

(EC) No 1254/1999,
and
2358/71

(EC) No 1452/2001,

(EC) No 1454/2001,

By way of derogation from Article 122(d) of Regulation
(EC) No 1782/2003, Estonia may until the end of the
year 2006 consider cows of the breeds listed in Annex
I to Commission Regulation (EC) No 2342/1999 laying
down detailed rules for the application of Council
Regulation (EC) No 1254/1999 on the common orga-
nisation of the market
in beef and veal as regards
premium schemes (*), as eligible for the suckler cow
premium under Article 125 of Regulation (EC) No
1782/2003, provided they have been covered or inse-
minated by bulls of a meat breed.

(*) OJ L 281, 4.11.1999, p. 30.’

No 1254/1999,
2358/71
21.10.2003, p. 1):

and

(EC) No 1673/2000,

(EC) No

2529/2001

L 93/15

(EEC) No
(OJ L 270,

By way of derogation from Article 131(1) of Regulation
(EC) No 1782/2003, in Cyprus the application of the
stocking density shall be gradually phased in on a linear
basis from 4,5 LU per hectare for the first year after
accession to 1,8 LU per hectare five years after acces-
sion.’

Article 4

In Chapter 4, A. ‘Agricultural Legislation’ of Annex VIII to the
Act of Accession, point 3 shall be replaced by the following:

‘3. 31999 R 1254: Council Regulation (EC) No 1254/1999
of 17 May 1999 on the common organisation of the
market in beef and veal (OJ L 160, 26.6.1999, p. 21),
as last amended by:

— 32003 R 1782: Council Regulation (EC) No
1782/2003 of 29.9.2003 (OJ L 270, 21.10.2003,
p. 1):

By way of derogation from Article 3(f) of Regulation
(EC) No 1254/1999, Latvia may until the end of the
year 2004 consider cows of the breeds listed in Annex I
to Commission Regulation (EC) No 2342/1999 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1254/1999 on the common organisa-
tion of the market in beef and veal as regards premium
schemes (*), as eligible for the suckler cow premium
under subsection 3 of Regulation (EC) No 1254/1999,
provided they have been covered or inseminated by
bulls of a meat breed.

4. 32003 R 1782: 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
1453/2001, (EC), 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 (OJ L 270,
21.10 2003, p. 1):

(EC) No 1452/2001,

Article 3

In Chapter 5, A. ‘Agricultural Legislation’ of Annex VII to the
Act of Accession, the following point shall be added:

‘5. 32003 R 1782: 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),
(EC) No 1452/2001,
1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC)

(EC) No 1453/2001,

By way of derogation from Article 122(d) of Regulation
(EC) No 1782/2003, Latvia may until the end of the
year 2006 consider cows of the breeds listed in Annex
I to Commission Regulation (EC) No 2342/1999 laying
down detailed rules for the application of Council
Regulation (EC) No 1254/1999 on the common orga-
in beef and veal as regards
nisation of the market
premium schemes (*), as eligible for the suckler cow
premium under Article 125 of Regulation (EC) No
1782/2003, provided they have been covered or inse-
minated by bulls of a meat breed.

(*) OJ L 281, 4.11.1999, p. 30.’

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30.3.2004

Article 5

2) the first paragraph of point 1(b) shall be replaced by the

following:

In Chapter 5, A. ‘Agricultural Legislation’ of Annex IX to the
Act of Accession, point 3 shall be replaced by the following:

‘3. 31999 R 1254: Council Regulation (EC) No 1254/1999
of 17 May 1999 on the common organisation of the
market in beef and veal (OJ L 160, 26.6.1999, p. 21),
as last amended by:

— 32003 R 1782: Council Regulation (EC) No
1782/2003 of 29.9.2003 (OJ L 270, 21.10.2003,
p. 1):

By way of derogation from Article 3(f) of Regulation
(EC) No 1254/1999, Lithuania may until the end of the
year 2004 consider cows of the breeds listed in Annex I
to Commission Regulation (EC) No 2342/1999 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1254/1999 on the common organisa-
tion of the market in beef and veal as regards premium
schemes (*), as eligible for the suckler cow premium
under subsection 3 of Regulation (EC) No 1254/1999,
provided they have been covered or inseminated by
bulls of a meat breed.

4. 32003 R 1782: 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
1453/2001, (EC), 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 (OJ L 270,
21.102003, p. 1):

(EC) No 1452/2001,

By way of derogation from Article 122 (d) of Regu-
lation (EC) No 1782/2003, Lithuania may until the end
of the year 2006 consider cows of the breeds listed in
Annex I
to Commission Regulation (EC) No 2342/
1999 laying down detailed rules for the application of
Council Regulation (EC) No 1254/1999 on the
common organisation of the market in beef and veal as
regards premium schemes (*), as eligible for the suckler
cow premium under Article 125 of Regulation (EC) No
1782/2003, provided they have been covered or inse-
minated by bulls of a meat breed.

(*) OJ L 281, 4.11.1999, p. 30.’

‘By way of derogation from Article 21 of Regulation (EEC)
No 2759/75, Article 23 of Regulation (EC) No 2201/96,
Article 40 of Regulation (EC) No 1254/1999, Article 38(1)
of Regulation (EC) No 1255/1999, Article 45 of Regulation
(EC) No 1260/2001, Article 23 of Regulation (EC) No
1784/2003, and Article 24 of Regulation (EC) No 1785/
2003, Malta may grant special
temporary State aid to
imported agricultural products
the purchase of
support
which before accession benefited from export refunds or
which were imported from third countries without duties
provided that Malta provides a mechanism to guarantee that
the support is effectively passed on to consumers. The aid
shall be calculated on the basis of, and must not exceed, the
price differential between EU prices (including transport)
and the world market ones, and shall take into account the
level of export refunds.’

3) point 2 shall be replaced by the following:

‘2. 32003 R 1788: Council Regulation (EC No 1788/2003
of 29 September 2003 establishing a levy in the milk
and milk products
(OJ L 270, 21.10.2003,
p. 123):

sector

By way of derogation from Article 9 of Regulation (EC)
No 1788/2003, the reference fat content of milk shall
be determined for Malta after a period of five years
from the date of accession.

fat content

the reference

is determined the
Until
comparison (or adjustment) of
the
purpose of calculating the additional levy for deliveries
as laid down in Article 10 of Regulation (EC) No
1788/2003 shall not be applicable in Malta.’

fat content

for

4) after point 5 the following point shall be inserted:

‘5a. 32003 R 1782: 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
(EC) No
(EEC) No 2019/93,
(EC) No 1868/94,
1453/2001,
(EC) No 1254/1999,
(EC) No 1251/1999,
(EC)
No 1673/2000,
(EEC) No 2358/71 and (EC) No
2529/2001 (OJ L 270, 21.10.2003, p. 1):

(EC) No 1452/2001,

(EC) No 1454/2001,

Article 6

Chapter 4, A. ‘Agricultural Legislation’ of Annex XI to the Act
of Accession shall be adapted as follows:

1) in the heading the following shall be added after the last

indent:

‘32003 R 1784: Council Regulation (EC) No 1784/2003 of
29 September 2003 on the common organisation of the
market in cereals (OJ L 270, 21.10.2003, p. 78);

By way of derogation from Article 131(1) and (2) of
Regulation (EC) No 1782/2003, in Malta the applica-
tion of the stocking density shall be gradually phased
in on a linear basis from 4,5 LU per hectare for the
first year after accession to 1,8 LU per hectare five
years after accession. During this period,
for deter-
mining the stocking density on the holding, account
shall not be taken of dairy cows needed to produce the
reference quantity of milk allocated to the
total
producer.

320003 R 1785: Council Regulation (EC) No 1785/2003 of
29 September 2003 on the common organisation of the
market in rice (OJ L 270, 21.10.2003, p. 96).’

Malta shall submit a report on the implementation of
this measure to the Commission by 31 December
2007.’;.

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Official Journal of the European Union

L 93/17

Article 7

In Chapter 6, A. ‘Agricultural Legislation’ of Annex XII to the
Act of Accession, point 4 shall be replaced by the following:

‘4. 31999 R 1254: Council Regulation (EC) No 1254/1999
of 17 May 1999 on the common organisation of the
market in beef and veal (OJ L 160, 26.6.1999, p. 21),
as last amended by:

— 32003 R 1782: Council Regulation (EC) No
1782/2003 of 29.9.2003 (OJ L 270, 21.10.2003,
p. 1):

By way of derogation from Article 3(f) of Regulation
(EC) No 1254/1999, Poland may until the end of
the year 2004 consider cows of the breeds listed in
Annex I to Commission Regulation (EC) No 2342/
1999 laying down detailed rules for the application
of Council Regulation (EC) No 1254/1999 on the
common organisation of the market in beef and
veal as regards premium schemes (*), as eligible for
the suckler cow premium under subsection 3 of
Regulation (EC) No 1254/1999, provided they have
been covered or inseminated by bulls of a meat
breed.

(*) OJ L 281, 4.11.1999, p. 30.

5. 32003 R 1782: Council Regulation (EC) No 1782/2003 of
29 September 2003 establishing common rules for direct
support schemes under the common agricultural policy and
farmers and
establishing certain support
(EC) No
amending Regulations
1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC)
No 1868/94,
(EC) No 1254/1999,
(EC) No 1673/2000,
(EEC) No 2358/71 and (EC) No
2529/2001 (OJ L 270, 21.10.2003, p. 1):

schemes
(EEC) No 2019/93,

(EC) No 1251/1999,

for

By way of derogation from Article 122(d) of Regulation
(EC) No 1782/2003, Poland may until the end of the year
2006 consider cows of the breeds listed in Annex I to
Commission Regulation (EC) No 2342/1999 laying down
detailed rules for the application of Council Regulation (EC)
No 1254/1999 on the common organisation of the market
in beef and veal as regards premium schemes (*), as eligible
for the suckler cow premium under Article 125 of Regu-
lation (EC) No 1782/2003, provided they have been
covered or inseminated by bulls of a meat breed.

(*) OJ L 281, 4.11.1999, p. 30.’

Article 8

This Decision shall be drawn up in the Spanish, Czech, Danish,
German, Estonian, Greek, English, French, Irish, Italian, Latvian,
Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese,
Slovak, Slovenian, Finnish and Swedish languages, all twenty
one texts being equally authentic.

Article 9

This Decision shall take effect on 1 May 2004 subject to the
entry into force of the Treaty concerning Accession of the
Czech Republic,
the Republic of
the Republic of Estonia,
Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia, and the Slovak Republic to
the European Union.

Done at Brussels, 22 March 2004.

For the Council

The President

B. COWEN