Commission Regulation (EC) No 917/2004 of 29 April 2004 on detailed rules to implement Council Regulation (EC) No 797/2004 on actions in the field of beekeeping
Date: 2004-04-29
Institutions: European Commission
Subjects: aid to agriculture, apiculture, co-financing, marketing, production improvement

30.4.2004

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Official Journal of the European Union

L 163/83

COMMISSION REGULATION (EC) No 917/2004

of 29 April 2004

on detailed rules to implement Council Regulation (EC) No 797/2004 on actions in the field of
beekeeping

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

Having regard to Council Regulation 797/2004 (1), and in par-
ticular Article 6 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Regulation (EC) No 797/2004 replacing Council Regu-
lation (EC) No 1221/97 (2) lays down measures for the
purpose of
improving the conditions under which
beekeeping products is produced and marketed. In the
interest of clarity,
it should be repealed Commission
Regulation (EC) No 2300/97 of 20 November 1997 on
detailed rules to implement Council Regulation (EC) No
1221/97 laying down general rules for the application
of measures to improve the production and marketing
of honey (3) and it should be replaced by a new Regu-
lation.

Article 1 of Regulation (EC) No 797/2004 states that
Member States may establish apiculture programmes. It
is necessary to specify the basic elements that
these
programmes are required to contain and the time limit
for their transmission to the Commission.

The Community's financial contribution to national
programmes should be restricted, by reference to each
Member State's share of the total number of hives in the
Community.

The Member States are to monitor programmes imple-
mented pursuant to this Regulation. Those monitoring
measures are to be notified to the Commission.

between

measures

apiculture
of
Consistency
programmes and other measures under
the various
Community policies must be ensured during the imple-
mentation of programmes.
In particular, any over-
compensation owing to the combination of aid and any
other inconsistency in the definition of measures must
be avoided.

(6)

In order to allow certain flexibility in the implementa-
tion of the programme, the financial limits notified for
each measure may vary by certain percentage without,

(1) OJ L 125, 28.4.2004, p. 1.
(2) OJ L 173, 1.7.1997, p. 1.
(3) OJ L 319, 21.11.1997, p. 4. Regulation last amended by Regulation

(EC) No 1387/2003 (OJ L 196, 2.8.2003, p. 22).

however, exceeding the overall ceiling for the annual
programme. If use is made of the flexibility allowed in
the Community
implementation of
financial contribution must not exceed the limit of 50 %
of the expenditure actually borne by the Member State
concerned.

the programme,

(7)

(8)

(9)

In order to allow more flexibility in the implementation
of the programme, the measures of the programmes
could be adapted during the implementation of
the
programme, however modified actions must be the same
as measures provide for in Council Regulation (EC) No
797/2004.

Rules should be adopted for setting the conversion rates
to be applied to the financing of national programmes.

Rules concerning its content should be laid down to
ensure that the studies referred to in Article 3 of Regu-
lation (EC) No 797/2004 are carried out and up to date
in a consistent fashion.

(10)

The measures provided for in this Regulation are in
accordance with the opinion of the Eggs and Poultry-
meat Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The national programmes referred to in Article 1 of Regulation
(EC) No 797/2004 (hereinafter referred to as ‘the apiculture
programmes’) shall:

(a) describe the situation in the sector making it possible to
update regularly the structural data in the study referred to
in Article 3 of Regulation (EC) No 797/2004;

(b) state its aims;

(c) give a detailed description of the measures involved, with

unit costs where appropriate;

(d) state the estimated costs and financing plan broken down

yearly at national and regional level;

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Official Journal of the European Union

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(e) refer to the applicable laws, regulations and administrative

Article 5

provisions;

(f) list the representative organizations and bee-keeping coop-
eratives that collaborated in drawing up the apiculture
programmes;

(g) set up the monitoring and assessment arrangements of the

apiculture programme.

Article 2

1. Member States shall notify their apiculture programme to
the Commission before 15 April of the first year of the three
years period applied by the programme.

However, for the year 2004, Member States shall notify their
apiculture programme for 15 May at latest.

The annual exercises of the apiculture programme are
2.
established from 16 October each year to 15 October of the
following year.

1. Member States shall communicate to the Commission the
list of measures on apiculture included in national operational
programmes under Objectives 1 and 2 laid down by Council
Regulation (EC) No 1260/1999 (1), before the date referred to
in Article 2 (1).

2.
The same measure may not be the subject of payments
simultaneously under Regulation (EC) No 797/2004 and under
another Community aid scheme,
respect of
Council Regulation (EC) No 1257/1999 (2).

in particular

Article 6

The financial
limits for each measure may be increased or
reduced by a maximum of 20 % provided that the overall
ceiling for the annual programme is not exceeded and the
Community contribution to financing of
apiculture
programme does not exceed 50 % of the expenditure borne by
the Member State concerned.

the

Article 7

The apiculture programme measures, laid down for every
3.
year of the three years period, shall be entirely executed before
31 August of the following year. Payments shall be carried out
during the exercise.

The measures of the apiculture programmes could be adapted
during the annual exercise, however they must be in accord-
ance with Article 2 of Council Regulation (EC) No 797/2004
and shall be approved in accordance with article 5 of the same
Regulation.

Article 3

Article 8

Community part-financing of apiculture programmes shall be
restricted for each Member State to an amount corresponding
to its share of the total number of beehives in the Community,
as stated in Annex I to this Regulation.

However,
if one or more Member States does not notify its
apiculture programme within the time limits laid down in
Article 2 (1), or does not use all of the amount of part-finan-
cing referred to in the first paragraph, the shares of the other
Member States may be increased in proportion to their share.

The conversion rate to be applied to the amount referred to in
Article 3 shall be the rate in force on1 May of the year in
which the programme is notified.

Article 9

The studies referred to in Article 3 of Regulation (EC) No
1221/97 shall refer the points indicated in Annex II to this
Regulation.

Article 4

Regulation (EC) No 2300/97 is repealed.

Article 10

Member States shall forward to the Commission, together with
their apiculture programmes, documents specifying how the
programmes are to be monitored.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table set out in Annex III.

The monitoring checks shall be designed to verify compliance
with the terms on which aid is granted under the national
programmes. These shall consist of both administrative and on-
the-spot checks.

Article 11

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

Sufficient proof of these controls shall be available by the
paying agencies.

(1) OJ L 161, 26.6.1999, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.

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

Done at Brussels, 29 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

ANNEX I

Member State

Bee census
Number of hives

100 000

155 000

893 000

1 380 000

2 397 840

1 150 000

20 000

1 100 000

10 213

80 000

336 139

590 000

47 000

145 000

274 000

Total

8 678 192

BE

DK

DE

EL

ES

FR

IE

IT

LU

NL

AT

PT

FI

SE

UK

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ANNEX II

Study on the structure of the apiculture sector, as referred to in Article 9

1. Hives and bee keepers

Professional beekeeper's hives:

Total hives:

Professional beekeepers (a):

Total beekeepers:

2. Marketing structures

Production (b): Direct sales to consumers

Direct sales to retailers

Sales for market preparation/to dealers

Sales to industry

Imports: Sales to dealers/for market preparation/to industry

Exports:

3. Prices

4. Production and market preparation costs

Fixed costs:

Variable costs:

— Detailed breakdown if available covering:

— varroasis control costs
— winter feeding
— packaging (containers)
— transhumance

5. Honey quality

Certificates of specific character: Council Regulation (EEC) No 2082/92 (1)

Designation of origin: Council Regulation (EEC) No 2081/92 (2)

Geographical indication: Regulation (EEC) No 2081/92

Notes:

(a) A professional beekeeper is one running more than 150 hives.

(b) Where possible please indicate type of honey and size of holding.

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ANNEX III

Correlation table

Regulation (EC) No 2300/97

This Regulation

Article 1

Article 2(1)

Article 2(2)

Article 3

Article 4(1)

Article 4(2)

Article 4(3)

Article 4bis

Article 5

Article 6

Article 7

Annex I

Annex II

–

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 3

Article 4, subparagraphs 1 and 2

Article 5(1)

Article 5(2)

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Annex I

Annex II

Annex III