Council Regulation (EC) No 583/2004 of 22 March 2004 amending Regulations (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, (EC) No 1786/2003 on the common organisation of the market in dried fodder and (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-03-22
Institutions: Council of the European Union
Subjects: accession to the European Union, aid to agriculture, common agricultural policy, enlargement of the Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 583/2004

of 22 March 2004

amending Regulations (EC) No 1782/2003 establishing common rules for direct support schemes
under the common agricultural policy and establishing certain support schemes for farmers, (EC)
No 1786/2003 on the common organisation of the market in dried fodder and (EC) No 1257/1999
on support for rural development from the European Agricultural Guidance and Guarantee Fund
(EAGGF) by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty concerning the accession 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 particular 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 (hereinafter ‘the Act of Acces-
sion’) (2), and in particular Article 57(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

Council Regulation (EC) No 1782/2003 of 29 September
2003 (3)
introduced common rules for direct support
schemes under the common agricultural policy and
established certain support schemes for farmers.

The said common rules and support schemes should be
amended to allow their implementation in the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (hereinafter ‘the
new Member States’).

(4)

(5)

(6)

The farmers in the new Member States will receive direct
payments, following a phasing-in mechanism. In order
to achieve the proper balance between policy tools
designed to promote sustainable agriculture and those
designed to promote rural development, the system of
modulation should not be applied in the new Member
States until the level of direct payments applicable in the
new Member States is at least equal to the level applic-
able in the Community as constituted on 30 April 2004.

Taking into account the levels of direct payments for
farmers in the new Member States as a result of phasing-
in, it should be foreseen that in the framework of the
application of the schedule of increments provided for in
Article 143a to all direct payments granted in the new
financial discipline
Member States,
should not apply in the new Member States until the
level of direct payments applicable in the new Member
States is at least equal to the level applicable in the Com-
munity as constituted on 30 April 2004.

the instrument of

Direct payments under the single payment scheme are
based on reference amounts of direct payments that
were received in the past or on regionalised per hectare
payments. Farmers in the new Member States did not
receive Community direct payments and have no histor-
ical references for the calendar years 2000, 2001 and
2002. Therefore, the single payment scheme in the new
Member States should be based on regionalised per
hectare payments, subdivided between regions according
to objective criteria and divided by the farmers whose
holdings are located in the region concerned and that
meet the eligibility criteria.

(3) With a view to the introduction of modulation in the
new Member States, the Commission should establish
national ceilings for the additional amount of aid for the
new Member States.

(7)

(1) OJ L 236, 23.9.2003, p. 17.
(2) OJ L 236, 23.9.2003, p. 33.
(3) OJ L 270, 21.10.2003, p. 1.

The amount of direct payments, described in national
ceilings, under the single payment scheme for the new
Member States should be based on the quota, ceilings
and quantities that were agreed in the accession negotia-
tions multiplied by the relevant aid amounts per hectare,
head or tonne.

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(8)

As of 1 April 2005 the market measure benefiting the
production of dried fodder, as provided for in Council
Regulation (EC) No 1786/2003 of 29 September 2003
on the common organisation of the market in dried
fodder (1),
is amended. From that date the market
support is partially turned into a direct payment which
will benefit farmers.
In order to avoid a decrease in
overall support in 2005 for the new Member States, it is
appropriate to derogate from the general principle of
the dried-
phasing-in of direct payments. Therefore,
fodder-related component in the single payment scheme
national ceiling should be calculated at the 100 % aid
level instead of at the phasing-in aid level.

(9)

Under the regionalised option for the single payment
scheme the new Member States should have the possibi-
lity of adjusting the premium per hectare on the basis of
objective criteria in order to ensure equal
treatment
between farmers and to avoid market distortions.

(10)

The new Member States should have the possibility of
partially implementing and/or to exclude certain sectors
from the single payment scheme.

(11)

The sectoral ceilings for partial implementation and/or
the exclusion of certain sectors of the single payment
scheme should be based on the quota, ceilings and quan-
tities that were agreed in the accession negotiations.

(12)

(13)

The transition from the single area payment scheme to
the single payment scheme and other aid schemes may
give rise to difficulties of adaptation which are not dealt
with in this Regulation. In order to deal with this even-
tuality, a general provision should be included in Regu-
lation (EC) No 1782/2003 enabling the Commission to
adopt the transitional measures necessary for a certain
period.

In view of the short programming period, the Act of
Accession introduced the possibility of
integrating a
‘LEADER + (Community initiative for rural development)
type measure’ in the mainstream programmes, instead of
having separate LEADER + programming. Therefore the
measure ‘management of integrated rural development
strategies by local partnerships’
introduced in Council
Regulation (EC) No 1257/1999 of 17 May 1999 on
support for rural development from the European Agri-
cultural Guidance and Guarantee Fund (EAGGF) (2) is not
needed for the new Member States, as it is covered by
the LEADER + type measure.

(14)

(EC) No 1786/2003
Regulations (EC) No 1782/2003,
and (EC) No 1257/1999 should therefore be amended
accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Council Regulation (EC) No 1782/2003 is amended as follows:

1. In Article 5(2) the following sentence is added at the end

of the first subparagraph:

‘The new Member States shall ensure that land which was
under permanent pasture on 1 May 2004 is maintained
under permanent pasture.’

2. In Article 12 the following paragraph is added:

‘5.
For the new Member States, the ceilings referred to
in paragraph 2 shall be fixed by the Commission in
accordance with the procedure referred to in Article
144(2).’

3. After Article 12 the following Article is added:

‘Article 12a

Application to new Member States

1.
Articles 10 and 12 shall not apply to the new
Member States until the beginning of the calendar year, in
respect of which the level of direct payments applicable in
the new Member States is at least equal to the then applic-
able level of such payments in the Community as consti-
tuted on 30 April 2004.

2.
In the framework of the application of the schedule
of increments provided for in Article 143a to all direct
payments granted in the new Member States, Article 11
shall not apply to the new Member States until the begin-
ning of the calendar year, in respect of which the level of
direct payments applicable in the new Member States is at
least equal to the then applicable level of such payments in
the Community as constituted on 30 April 2004.’

4. In Article 54(2) the following sentence is added at the end

of the first subparagraph:

(1) OJ L 270, 21.10.2003, p. 114.
(2) OJ L 160, 26.6.1999. p. 80. Regulation as last amended by Regu-

lation (EC) No 1783/2003 (OJ L 270, 21.10.2003, p. 70).

‘For the new Member States, the reference to the date
provided for the area aid applications for 2003 shall be
construed as a reference to 30 June 2003.’

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5. In Title III the following Chapter is added:

‘CHAPTER 6

IMPLEMENTATION IN THE NEW MEMBER STATES

Article 71a

1.
Save as otherwise provided for in this Chapter, the
provisions of this Title shall apply to the new Member
States.

Articles 33, 34, 37, 38, 39, 40(1), (2), (3) and (5), 41, 42,
43, 47 to 50, 53 and 58 to 63 shall not apply.

2.
Any new Member State applying the single area
payment scheme shall take the decisions referred to in
Articles 64(1) and 71(1) by 1 August of the year preceding
that in respect of which it will apply the single payment
scheme for the first time.

Article 71b

Application for support

Farmers shall apply for support under the single
to be fixed by the new

1.
payment scheme by a date,
Member States, but not later than 15 May.

Except

in case of

force majeure and exceptional
2.
circumstances within the meaning of Article 40(4), no
entitlements shall be allocated to farmers if they do not
apply for the single payment scheme by 15 May of the
first year of application of the single payment scheme.

distortions, payment entitlements to farmers finding them-
selves in a special situation, to be defined by the Commis-
sion in accordance with the procedure referred to in
Article 144(2).

3.
During the first year of application of the single
payment scheme, the new Member States may use the
national reserve for the purpose of allocating payment
entitlements, according to objective criteria and in such a
way as to ensure equal treatment between farmers and to
avoid market and competition distortions, to farmers in
specific sectors, finding themselves in a special situation as
a result of the transition to the single payment scheme.
Such payment entitlements shall be distributed according
to rules to be defined by the Commission in accordance
with the procedure referred to in Article 144(2).

In application of paragraphs 2 and 3, new Member
4.
States may increase the unit value of entitlements within
the limit of EUR 5 000, and/or the number of entitlements
allocated to farmers.

5.
The new Member States shall proceed to linear
reductions of the entitlements where their national reserve
is not sufficient to cover the cases referred to in paragraphs
2 and 3.

6.
Except in case of transfer by actual or anticipated
inheritance and by way of derogation from Article 46, the
entitlements established using the national reserve shall
not be transferred for a period of five years starting from
their allocation.

3.
The amounts corresponding to entitlements not allo-
cated shall revert to the national reserve referred to in
Article 71d and shall be available for reallocation.

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.

Article 71c

Ceiling

The national ceilings of the new Member States shall be
those listed in Annex VIIIa.

Article 71d

National reserve

1.
Each new Member State shall proceed to a linear
percentage reduction of its national ceiling in order to
constitute a national reserve. This reduction shall not be
greater than 3 %, without prejudice to the application of
Article 71b(3).

Article 71e

Regional allocation of the ceiling referred to in Article
71c

1.
The new Member States
payment scheme at regional level.

shall apply the single

The new Member States shall define the regions

2.
according to objective criteria.

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

The new Member States shall use the national reserve
2.
for
the purpose of allocating, according to objective
criteria and in such a way as to ensure equal treatment
between farmers and to avoid market and competition

3.
Each new Member State shall subdivide its national
ceiling referred to in Article 71c after any reduction
according to Article 71d between the regions according to
objective criteria.

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Article 71f

Regionalisation of the single payment scheme

1.
All farmers whose holdings are located in a given
region shall receive entitlements, whose unit value is calcu-
lated by dividing the regional ceiling established pursuant
to Article 71e by the number of eligible hectares within
the meaning of Article 44(2), established at regional level.

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

The payment entitlements per hectare shall not be

3.
modified save as otherwise provided.

Article 71g

Use of the land

1.
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 Regu-
lation (EC) No 2200/96 (*) and in Article 1(2) of Regu-
lation (EC) No 2201/96 (**) and potatoes other than those
intended for the manufacture of potato starch for which
aid is granted pursuant Article 93 of
this Regulation,
except permanent crops.

2.
The new Member States shall establish the number of
hectares that may be used according to paragraph 1 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 to 2002 amongst the
regions defined pursuant to Article 71e(2). The average
number of hectares at national level and the number of
hectares at regional 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 new
Member State.

(b) by way of derogation from Article 71a(1), second sub-
paragraph, 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.

the number of hectares that
4. Within the limit of
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 used for the production of
the products referred to in 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 or Article 143b, 2004
the year
and 2005 shall be replaced by, respectively,
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, new Members States shall use the
farmer's individual data, where available, or any other
evidence provided by the farmer to their satisfaction.

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

The authorisation shall be used, within the region

7.
concerned, with the corresponding payment entitlement.

The report

8.
concern implementation by the new Member States.

referred to in Article 60 shall also

Article 71h

Grassland

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/she
used for the production of the products referred to in
paragraph 1 in 2003;

fix, within the regional ceiling or part of

The new Member States may also, according to objective
it,
criteria,
different per unit values of entitlements to be allocated to
farmers referred to in Article 71f(1), for hectares of grass-
land as identified on 30 June 2003 and for any other
eligible hectare or alternatively for hectares of permanent
pasture as identified on 30 June 2003 and for any other
eligible hectare.

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Article 71i

Dairy premium and additional payments

Starting from 2007,
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.

the
However, new Member States may decide
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
starting from 2005. Entitlements established according to
this paragraph shall be modified accordingly.

that

The amount used for the establishment of entitlements in
respect of 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 avail-
able on the holding on 31 March of the year of inclusion,
in part or in full, of those payments in the single payment
scheme.

By way of derogation from Article 71a(1), Articles 48, 49
and 50 shall apply mutatis mutandis.

Paragraphs 1 to 3 shall not apply to farmers who
4.
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 the reference yield referred to
in Annex XIb applicable to the new Member State where
the holding is located, divided by the proportion referred
to in the second subparagraph of paragraph 2.

Article 71k

Conditions for the entitlements

1.
By way of derogation from Article 46(1), entitle-
ments established in accordance with this chapter may
only be transferred within the same region or between
regions where the entitlements per hectare are the same.

New Member States may also decide, by 1 August of
2.
the year preceding the first year of application of the
single payment scheme at the latest, and acting in compli-
ance with the general principle of Community law, that
entitlements established in accordance with this chapter
shall be subject to progressive modifications according to
pre-established steps and objective criteria.

Article 71j

Set-aside entitlements

Article 71l

Farmers shall receive part of their payment entitle-

1.
ments in the form of set-aside entitlements.

Optional implementation

2.
The number of set-aside entitlements shall be estab-
lished by multiplying the farmer's eligible land within the
meaning of Article 54(2) declared in the first year of appli-
cation of the single payment scheme with the applicable
set-aside rate.

1.
Sections 2, 3 and 4 of Chapter 5 shall apply to the
new Member States under the conditions laid down in this
Article. However, Section 4 shall not apply to new
Member States applying the single area payment scheme
referred to in Article 143b.

The set-aside rate shall be calculated by multiplying the
basic rate of compulsory set-aside of 10 % by the propor-
tion, in the region concerned, between the regional base
area or areas referred to in the third paragraph of Article
101 and the eligible land within the meaning of Article
54(2).

Any reference in Sections 2 and 3 of Chapter 5 to
2.
Article 41, in particular with regard to the national ceil-
ing(s), shall be construed as a reference to Article 71c.

3.
The value of the set-aside entitlements shall be the
regional value for payment entitlements as established
according to Article 71f(1).

The report referred to in Article 64(3) shall include

3.
the options laid down in this chapter.

(*) OJ L 297, 21.11.1996, p. 1.
(**) OJ L 297, 21.11.1996, p. 29.’

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6. Article 74(1) is replaced by the following:

9. Article 81 is replaced by the following:

The aid shall be granted for national base areas in

‘1.
the traditional production zones listed in Annex X.

‘Article 81

Areas

The base area shall be as follows:

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:

Greece

Spain

France

Italy

Cyprus

Hungary

Austria

Portugal

617 000 ha

594 000 ha

208 000 ha

1 646 000 ha

6 183 ha

2 500 ha

7 000 ha

118 000 ha’

7. Article 78(1) is replaced by the following:

A maximum guaranteed area of 1 600 000 ha for

‘1.
which the aid may be granted is hereby established.’

8. Article 80(2) is replaced by the following:

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

‘2.
the Member States concerned:

Marketing year
2004/05 and in
case of applica-
tion of Article 71
(EUR/ha)

Marketing year
2005/06 and
onward
(EUR/ha)

1 323,96

561,00

1 123,95

476,25

Greece

Spain

France

— metropolitan territory

971,73

411,75

— French Guiana

1 329,27

563,25

Italy

Hungary

Portugal

1 069,08

453,00

548,70

232,50

1 070,85

453,75’

Greece

Spain

France:

20 333 ha

104 973 ha

— metropolitan territory

19 050 ha

— French Guiana

Italy

Hungary

Portugal

4 190 ha

219 588 ha

3 222 ha

24 667 ha

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

10. Article 84 is replaced by the following:

‘Article 84

Areas

A Member State shall grant

1.
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 812 400 ha is

2.
hereby established.

The maximum guaranteed area referred to in para-

3.
graph 2 shall be divided into the following NGAs:

National guaranteed areas (NGA)

Belgium

Germany

Greece

Spain

France

Italy

Cyprus

Luxembourg

Hungary

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

100 ha

1 500 ha

41 100 ha

568 200 ha

17 300 ha

130 100 ha

5 100 ha

100 ha

2 900 ha

100 ha

100 ha

1 000 ha

41 300 ha

300 ha

3 100 ha

United Kingdom

100 ha

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A Member State may subdivide its NGA into
4.
subareas in accordance with objective criteria, in particular
at regional level or in relation to the production.’

15. In Article 103, the following paragraph is inserted after

the first paragraph:

11. Article 90 is replaced by the following:

‘Article 90

Conditions for eligibility

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

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 indi-
cated in Article 6(1) of Regulation (EC) No 1251/1999 and
in Articles 54(2), 63(2), 71j and 107(1) of this Regulation.’

12. Article 94 is replaced by the following:

‘Article 94

Conditions

‘Alternatively,
for any new Member State applying the
single area payment scheme referred to in Article 143b in
2004 and opting for the application of Article 66, the
regionalisation plan shall be established, according to
objective criteria, not later than 1 August of the last year
of application of the single area payment scheme. Where
this is done, the combined regional base areas and the
weighted average reference yield in the regions shall
respect the limits of the national base area and reference
yield as listed in Annex XIb.’

16. Article 105 is replaced by the following:

‘Article 105

Durum wheat supplement

1.

A supplement to the area payment of

— EUR 291/ha for the marketing year 2005/06,

— EUR 285/ha for the marketing year 2006/07 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:

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) or (4) of Regulation (EC) No 1868/94.’

13. Article 99(3) is replaced by the following:

The amount of aid claimed shall not exceed a
‘3.
fixed by the Commission in accordance with
ceiling,
Article 64(2), corresponding to the component of seed
aids for the species concerned in the national ceiling
referred to in Article 41. However, for the new Member
States,
this ceiling shall correspond to the amounts
mentioned in Annex XIa.

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

14. In Article 101, the following paragraph is inserted after

the second paragraph:

Greece

Spain

France

Italy

Cyprus

Hungary

Austria

Portugal

617 000 ha

594 000 ha

208 000 ha

1 646 000 ha

6 183 ha

2 500 ha

7 000 ha

118 000 ha.

‘However,
the regional base area or areas in the new
Member States shall be fixed by the Commission in accord-
ance with the procedure referred to in Article 144(2) and
within the limits of the national base areas listed in Annex
XIb.’

2.
Should the total of the areas for which a supplement
to the area payment is claimed be greater than the limit
referred to in paragraph 1 during the course of a
marketing year, the area per farmer for which the supple-
ment may be paid shall be reduced proportionately.

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the

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 Annex X, or, for the Member States of the
Community as constituted on 30 April 2004, if necessary,
regionalisation plan,
the production regions of
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 the corresponding regional limit during the course of
a 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 distrib-
uted to regions in which those limits have been exceeded.

3.
In regions where the production of durum wheat is
well established, other than those referred to in Annex X,
special aid amounting to EUR 46/ha for the marketing
year 2005/06 shall be granted up to a limit of
the
following number of hectares:

18. Article 116(2) is replaced by the following:

‘2. Member States shall take the necessary measures to
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.

Except in cases where Article 143b is applied, the new
Member States shall allocate individual ceilings to produ-
cers and shall set up the national reserves from the overall
number of rights to the premium reserved for each of
these new Member States as set out in paragraph 4, no
later than one year after the date of accession.

After the end of the period of application of the single
area payment scheme according to Article 143b and
where Article 67 is applied, the allocation of the individual
ceilings to producers and the setting up of the national
reserve referred to in the second subparagraph shall take
place no later than the end of the first year of the applica-
tion of the single payment scheme.’

19. Article 116(4) is replaced by the following:

‘4.

The following ceilings shall apply:

Germany

10 000 ha

Member State

Rights (× 1 000)

Spain

France

Italy

4 000 ha

50 000 ha

4 000 ha

Hungary

4 305 ha

Slovakia

4 717 ha

United Kingdom

5 000 ha.’

17. Article 108 is replaced by the following:

‘Article 108

Eligible land

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

For the new Member States, applications for payments
may not be made in respect of land which, on 30 June
2003, was under permanent pasture, permanent crops or
trees or was used for non-agricultural purposes.

Member States may, on terms to be determined in accord-
ance with the procedure referred to in Article 144(2), dero-
gate from the first or second subparagraph of this Article
provided that they take action to prevent any significant
increase in the total eligible agricultural area.’

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

United Kingdom

70

66,733

104

2 432

48

11 023

19 580

7 842

4 956

9 575

472,401

18,437

17,304

4

1 146

8,485

930

206

335,88

2 690

84,909

305,756

80

180

19 492

Total

81 667,905

(*) To be adjusted on the expiry of Regulation (EC) No 1017/94.’

30.3.2004

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20. Article 119(3) is replaced by the following:

22. Article 123(8) is replaced by the following:

‘3.

The following global amounts shall apply:

‘8.

The following regional ceilings shall apply:

(EUR 1 000)

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

64

71

79

1 793

51

8 767

18 827

7 083

4 875

6 920

441

19

18

4

1 212

9

743

185

355

2 275

86

323

61

162

United Kingdom

20 162’

21. In Article 119, the following paragraph is added:

‘4.
In the new Member States, the global amounts shall
be applied in accordance with the schedule of increments
as set out in Article 143a.’

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

235 149

244 349

277 110

1 782 700

18 800

143 134

713 999 (*)

1 754 732 (**)

1 077 458

598 746

12 000

70 200

150 000

18 962

94 620

3 201

157 932

373 400

926 000

175 075 (***) (****)

92 276

78 348

250 000

250 000

United Kingdom

1 419 811 (*****)

(*)

Without prejudice to the specific rules laid down in Regulation (EC)
No 1454/2001.

(**) Without prejudice to the specific rules laid down in Regulation (EC)

No 1452/2001.

(***) Without prejudice to the specific rules laid down in Regulation (EC)

No 1453/2001.

(****) To be adjusted on the expiry of Regulation (EC) No 1017/94.
(*****) This ceiling shall be temporarily increased by 100 000 to 1 519 811
until such time as live animals under six months of age may be
exported.’

23. Article 126(1) is replaced by the following:

An aid shall be granted to each farmer of suckler
‘1.
cows within the limit of the individual ceilings established
in application of Article 7 of Regulation (EC) No 1254/
1999 or of the second subparagraph of paragraph 2.’

24. Article 126(2) is replaced by the following:

‘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 and that the national reserves referred to in Article 128
may be maintained.

L 91/10

EN

Official Journal of the European Union

30.3.2004

Except in cases where Article 143b is applied, the new
Member States shall allocate individual ceilings to produ-
cers and shall set up the national reserves from the overall
number of rights to the premium reserved for each of
these Member States as set out in paragraph 5, no later
than one year after the date of accession.

After the end of the period of application of the single
area payment scheme according to Article 143b and
where Article 68(2)(a)(i) is applied, the allocation of the
individual ceilings to producers and the setting up of the
national reserve referred to in the second subparagraph
shall take place no later than the end of the first year of
the application of the single payment scheme.’

25. Article 126(5) is replaced by the following:

‘5.

The following national ceilings shall apply:

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

United Kingdom

394 253

90 300

112 932

639 535

13 416

138 005

1 441 539

3 779 866

1 102 620

621 611

500

19 368

47 232

18 537

117 000

454

63 236

375 000

325 581

416 539

86 384

28 080

55 000

155 000

1 699 511

Applicable from the date of accession.

(*)
(**) Without prejudice to the specific rules laid down in Regulation (EC)

No 1454/2001.

(***) Without prejudice to the specific rules laid down in Regulation (EC)

No 1452/2001.

(****) Without prejudice to the specific rules laid down in Regulation (EC)

No 1453/2001.

(*****) To be increased on the expiry of Regulation (EC) No 1017/94 by
the premiums resulting from the application of that Regulation in
2003 and 2004.’

26. In Article 130(3) the following subparagraph is added:

‘For the new Member States the national ceilings shall be
those contained in the following table:

Bulls, steers, cows and
heifers

Calves more than 1
and less than 8
months old and of
carcase weight up to
185 kg

483 382

107 813

21 000

124 320

367 484

141 559

6 002

27 380

30 000

—

53 280

244 200

94 439

17

1 815 430

839 518

161 137

204 062

35 852

62 841’

Czech Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

27. Article 133(3) is replaced by the following:

‘3.

The following global amounts shall apply:

(EUR million)

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

United Kingdom

39,4

8,776017

11,8

88,4

1,13451

3,8

33,1

93,4

31,4

65,6

0,308945

1,33068

4,942267

3,4

2,936076

0,0637

25,3

12,0

27,3

6,2

2,964780

4,500535

6,2

9,2

63,8’

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EN

Official Journal of the European Union

L 91/11

28. In Article 135(1), the following indent is added to the first

subparagraph:

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

‘— for the new Member States: equal to the ceilings set
out in Article 123(8) or equal to the average number
of slaughterings of male bovine animals during the
years 2001, 2002 and 2003 deriving from Eurostat
statistics for these years or any other published official
statistical information for these years accepted by the
Commission.’

29. In Article 135(4), the following sentence is added:

‘For the new Member States the reference years shall be
2001, 2002 and 2003.’

30. In Article 136(2), the following sentence is added to the

second subparagraph:

‘For the new Member States the reference years shall be
1999, 2000 and 2001.’

31. After Article 136, the following Article is inserted:

‘Article 136a

34. In Article 145, point (d) is replaced by the following:

‘(d) with regard to the single payment scheme, detailed
rules relating in particular to the establishment of
national reserve, the transfer of entitlements, the defi-
nition of permanent crops, permanent pastures, agri-
cultural land and grassland, the options provided for
in Chapters 5 and 6 of Title III and the list of crops
allowed on the set-aside land as well as detailed rules
relating to compliance with the Memorandum of
Understanding on certain oil seeds between the Euro-
pean Economic Community and the United States of
America within the framework of the GATT approved
by Decision 93/355/EEC (*).

(*) OJ L 147, 18.6.1993, p. 25.’

Conditions of application in the new Member States

35. In Article 145, point (i) is replaced by the following:

In the new Member States, the global amounts referred to
in Article 133(3) and the maximum area payment per
hectare at EUR 350 referred to in Article 136(3) shall be
applied in accordance with the schedule of increments as
set out in Article 143a.’

32. In Article 139, the following sentence is added to the first

subparagraph:

‘However, for the new Member States, the ceiling fixed by
the Commission in accordance with Article 64(2) shall
correspond to the component of each of
the direct
payments concerned in the ceiling referred to in Article
71c.’

33. Article 143 is replaced by the following:

‘Article 143

Ceiling

‘(i) such amendments to Annexes II, VI, VII, IX, X and XI
as may become necessary, taking into account in par-
ticular new Community legislation and, as far as it
concerns Annexes VIII and VIIIa, in case of application
of Articles 62 and 71i respectively 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 amounts of the ceilings
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 (**), 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.

(**) OJ L 327, 12.12.2001, p. 11.’

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. However, for the new
Member States, the ceiling fixed by the Commission in
accordance with Article 64(2) shall correspond to the
component of grain legumes area payments referred to in
Annex VI in the national ceiling referred to in Article 71c.

36. In Article 145, point (q) is replaced by the following:

‘(q) measures which are both necessary and duly justified
to resolve,
in an emergency, practical and specific
problems, in particular those related to the implemen-
tation of Chapter 4 of Title II and Chapters 5 and 6 of
Title III. Such measures may derogate from certain
parts of this Regulation, but only to the extent that,
and for such a period as, is strictly necessary.’

L 91/12

EN

Official Journal of the European Union

30.3.2004

37. Article 146 is replaced by the following:

‘Article 146

Transmission of information to the Commission

Member States shall inform the Commission in detail of the measures taken to implement this Regu-
lation and, in particular, those relating to Articles 5, 13, 42, 58, 71d and 71e.’

38. After Article 154, the following Article is added:

‘Article 154a

Transitional arrangements for new Member States

1. Where transitional measures are necessary in order to facilitate, for the new Member States, the
transition from the single area payment scheme to the single payment scheme and other aid schemes
referred to in Titles III and IV, such measures shall be adopted in accordance with the procedure laid
down in Article 144(2).

2.
The measures referred to in paragraph 1 may be adopted during a period starting on 1 May
2004 and expiring on 30 June 2009 and shall not apply beyond that date. The Council, acting by a
qualified majority on a proposal from the Commission, may extend that period.’

39. After Annex VIII, the following Annex is added:

‘ANNEX VIIIA

National ceilings referred to in Article 71c

The ceilings have been calculated taking account of the schedule of increments provided for in Article
143a, and therefore do not need to be reduced.

Calendar year

Czech
Repub-
lic

Estonia

Cyprus

Latvia

Lithua-
nia

Hun-
gary

Malta

Poland

Slo-
venia

Slo-
vakia

(EUR million)

2005

2006

2007

2008

2009

2010

2011

2012

227,9

23,4

8,9

33,9

92,0

350,8

0,67

724,3

35,5

97,6

265,7

27,3

10,4

39,6

107,3

408,7

0,78

845,0

41,4

113,6

342,4

40,4

13,9

55,6

146,9

495,1

1,59

1 098,8

55,5

144,5

427,8

50,5

17,4

69,5

183,6

618,5

1,99

1 373,4

69,4

180,5

513,2

60,5

20,9

83,4

220,3

741,9

2,38

1 648,0

83,3

216,6

598,5

70,6

24,4

97,3

257,0

865,2

2,78

1 922,5

97,2

252,6

683,9

80,7

27,8

111,2

293,7

988,6

3,18

2 197,1

111,0

288,6

769,3

90,8

31,3

125,1

330,4

1 111,9

3,57

2 471,7

124,9

324,6

subsequent years

854,6

100,9

34,8

139,0

367,1

1 235,3

3,97

2 746,3

138,8

360,6’

40. Annex X is completed by the following entries:

‘CYPRUS

HUNGARY

Regions

Dél Dunamenti síkság

30.3.2004

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Official Journal of the European Union

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Dél-Dunántúl

Közép-Alföld

Mezo˝föld

Berettyo-Ko˝rös-Maros vidéke

Györi medence

Hajdúság’

41. After Annex XI the following Annexes are added:

‘ANNEX XIA

Seed aid ceilings in the new Member States referred to in Article 99(3)

Calendar year

Czech
Repub-
lic

Estonia

Cyprus

Latvia

Lithua-
nia

Hun-
gary

Malta

Poland

Slo-
venia

Slo-
vakia

(EUR million)

2005

2006

2007

2008

2009

2010

2011

2012

0,87

0,04

0,03

0,10

0,10

0,78

0,03

0,56

0,08

0,04

1,02

0,04

0,03

0,12

0,12

0,90

0,03

0,65

0,10

0,04

1,17

0,05

0,04

0,14

0,14

1,03

0,04

0,74

0,11

0,05

1,46

0,06

0,05

0,17

0,17

1,29

0,05

0,93

0,14

0,06

1,75

0,07

0,06

0,21

0,21

1,55

0,06

1,11

0,17

0,07

2,04

0,08

0,07

0,24

0,24

1,81

0,07

1,30

0,19

0,08

2,33

0,10

0,08

0,28

0,28

2,07

0,08

1,48

0,22

0,09

2,62

0,11

0,09

0,31

0,31

2,33

0,09

1,67

0,25

0,11

subsequent years

2,91

0,12

0,10

0,35

0,35

2,59

0,10

1,85

0,28

0,12

ANNEX XIB

National arable crops base areas and reference yields in the new Member States referred to in Articles 101
and 103

Czech Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

Base area
(hectares)

2 253 598

362 827

79 004

443 580

1 146 633

3 487 792

4 565

9 454 671

125 171

1 003 453

Reference yields
(t/ha)

4,20

2,40

2,30

2,50

2,70

4,73

2,02

3,00

5,27

4,06’

L 91/14

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Official Journal of the European Union

30.3.2004

Article 2

Article 5(2) of Regulation (EC) No 1786/2003 shall be replaced by the following:

The maximum guaranteed quantity provided for in paragraph 1 shall be divided among the

‘2.
Member States as follows:

Guaranteed national quantities (tonnes)

Belgo-Luxembourg Economic Union (BLEU)

Czech Republic

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Lithuania

Hungary

Netherlands

Austria

Poland

Portugal

Slovakia

Finland

Sweden

United Kingdom

8 000

27 942

334 000

421 000

37 500

1 325 000

1 605 000

5 000

685 000

650

49 593

285 000

4 400

13 538

30 000

13 100

3 000

11 000

102 000’

In Article 33 of Regulation (EC) No 1257/1999 the following paragraph shall be added:

‘The measure foreseen in the last indent of the second paragraph is not applicable for the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.’

Article 3

Article 4

This Regulation shall enter into force on 1 May 2004 subject to the entry into force of the Treaty
concerning the 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 to the European Union.

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

Done at Brussels, 22 March 2004.

For the Council

The President

B. COWEN