Commission Regulation (EC) No 740/2004 of 21 April 2004 amending Regulation (EC) No 141/2004 laying down rules for applying Council Regulation (EC) No 1257/1999 as regards the transitional rural development measures applicable to the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-04-21
Institutions: European Commission
Subjects: aid system, common agricultural policy, enlargement of the Union, rural development

22.4.2004

EN

Official Journal of the European Union

L 116/9

COMMISSION REGULATION (EC) No 740/2004

of 21 April 2004

amending Regulation (EC) No 141/2004 laying down rules for applying Council Regulation (EC)
No 1257/1999 as regards the transitional rural development measures applicable to the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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

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

Whereas:

(1)

(2)

(3)

(4)

Article 33j of Council Regulation (EC) No 1257/1999 of
17 May 1999 on support for rural development from
the European Agricultural Guidance and Guarantee Fund
(EAGGF) and amending and repealing certain Regula-
tions (1) provides for specific temporary support to be
granted to full-time farmers in Malta. On the basis of the
information provided by the Maltese authorities, ceilings
must be fixed, within the context of Commission Regu-
lation (EC) No 141/2004 (2),
for the three types of
payment provided for.

Article 33l(2a) and (2b) of Regulation (EC) No 1257/
1999 lays down derogations to certain provisions of the
measure relating to compliance with the standards laid
down Articles 21a, 21b and 21c of that Regulation.
Detailed rules should be laid down for the application of
these derogations.

The list of rural development measures in Annex II to
Regulation (EC) No 141/2004 should moreover be
aligned with the list laid down in point 8 of Annex II to
the draft Commission Regulation laying down detailed
rules for the application of Council Regulation (EC) No
1257/1999 on support for rural development from the
European Agricultural Guidance and Guarantee Fund
(EAGGF).

The financial table in Annex II to Regulation (EC) No
141/2004 also provides for an indication of expenditure
on ‘Other actions’. The types of action covered by this
heading must be specified.

(1) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by the

2003 Act of Accession.
(2) OJ L 24, 29.1.2004, p. 25.

(5)

(6)

(7)

Under Article 33l(4) of Regulation (EC) No 1257/1999
the classification of areas at risk of forest fires must be
submitted as part of the rural development plan. Annex
III to Regulation (EC) No 141/2004 must therefore be
supplemented accordingly.

Regulation (EC) No 141/2004 should therefore be
amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 141/2004 is hereby amended as follows:

1.

in Chapter III, the following Article 5a is added:

‘Article 5a

Full-time farmers in Malta

The amount of the payments provided for in the second
subparagraph of Article 33j of Regulation (EC) No 1257/
1999 shall not exceed the annual ceiling per holding and
per annual work unit laid down in Annex I, point A.’

2. Chapter IV is replaced by the following:

‘CHAPTER IV

DEROGATIONS APPLICABLE TO THE NEW MEMBER
STATES

Article 5b

Implementing demanding standards

1.
The costs related to investments required to enable a
standard to be met, as referred to in Article 33l(2b) of Regu-
lation (EC) No 1257/1999, shall be fixed by the competent
public authority in the form of standard costs. These stand-
ard costs shall be calculated on the basis of objective criteria
permitting determination of the cost of individual activities,
taking account of specific local conditions and avoiding any
overcompensation.

L 116/10

EN

Official Journal of the European Union

22.4.2004

A farmer in receipt of support under Article 33l(2b) of
2.
Regulation (EC) No 1257/1999 to meet a norm which is
already binding shall remain eligible for the compensatory
allowances and agri-environment support referred to in
Chapters V and VI respectively of Title II to that Regulation
during the investment period, subject to compliance with
the other conditions for granting that support and provided
that the farmer meets the relevant standard at the end of the
investment period.

Article 6

Agri-environment

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

Article 7

Producer groups in Malta

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

The minimum amount of the support, calculated as a
2.
function of the minimum cost necessary to form a small
producer group, is indicated in Annex I, point C.’

3. The following point 9a is inserted in Chapter V:

‘Article 9a

Applications and checks for the measure implementing
of demanding standards

As regards the support under Article 33l(2b) of Regulation
(EC) No 1257/1999, checks on applications to join the
scheme, as provided for in Article 59 of Regulation (EC) No
445/2002 (or Article 67 of
the new Regulation) must
permit verification that the investment is necessary to meet
the standard in question. Where the application to join the
scheme relates to an annual aid amount
in excess of
EUR 10 000, checks on this application must include an
on-the-spot visit.

The checks on applications for payment provided for in
Article 59 of Regulation (EC) No 445/2002 (or 67 of the
new Regulation), for the support referred to in the first sub-
paragraph of this Article, must permit verification that the
investment has been carried out. Where the application for
payment relates to an annual aid amount
in excess of
EUR 10 000, checks on this application must include an
on-the-spot visit.’

4. Annex I is replaced by Annex I to this Regulation.

5. Annex II is replaced by Annex II to this Regulation.

6. Annex III is amended in accordance with Annex III to this

Regulation.

Article 2

Entry into force

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

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

Done at Brussels, 21 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

22.4.2004

EN

Official Journal of the European Union

L 116/11

ANNEX I

‘ANNEX I

Table of amounts for the measures specific to Malta

A. Ceiling referred to in Article 5a

Subject

Aid to full-time farmers

For irrigated land

For non-irrigated land

For livestock farms

EUR

766

213

67

Per hectare

Per hectare

Per livestock unit

Maximum payment per holding

14 500

Per annual work unit

B. Maximum amount referred to in Article 6

Subject

Maximum payment for maintenance and preservation of
rubble walls

C. Amount referred to in Article 7(2)

Subject

Support for establishment of a producer group

EUR

2 000

EUR

63 000

63 000

63 000

60 000

50 000

Per hectare

First year

Second year

Third year

Fourth year

Fifth year’

L 116/12

EN

Official Journal of the European Union

22.4.2004

ANNEX II

‘ANNEX II

22.4.2004

EN

Official Journal of the European Union

L 116/13

L 116/14

EN

Official Journal of the European Union

22.4.2004

Annex III to Regulation (EC) No 141/2004 is hereby amended as follows:

1. The following point II is added to part I:

ANNEX III

‘II. Full-time farmers in Malta

A. Main features:
— none.

B. Other elements:

— definition of full-time farmer.’

2. Section 3 is replaced by the following:

‘3. Derogations applicable to all new Member States

I. Implementation of binding standards

A. Main features:

— list of standards for which the investment costs shall be taken into account and description of the

investments required.

B. Other information:

— standard costs of investment for each eligible standard including details of the calculations justifying

that standard cost,

— duration of the period(s) of investment for each eligible standard and justification of the choice,

— provisions allowing verification that the investments supported in the context of the measure “Imple-
mentation of binding standards” are not eligible for support under Chapter I of Title II of Regulation
(EC) No 1257/1999,

— In addition to point 12(2) of Annex II to Regulation (EC) No 445/2002 (or of the new Regulation),

indication of implementation of Article 9a of this Regulation.

II. Improving the processing and marketing of agricultural products

A. Main features:
— none.

B. Other elements:

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

(EC) No 1257/1999.

III. Forestry

A. Main features:
— none.

B. Other elements:

— classification of territory by degree of forest fire risk.’