Council Regulation (EC) No 864/2004 of 29 April 2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, accession to the European Union, aid to agriculture, production aid, regions of the Czech Republic, single payment scheme

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COUNCIL REGULATION (EC) No 864/2004 

of 29 April 2004 

amending Regulation (EC) No 1782/2003 

establishing common rules for direct support schemes 

under the common agricultural policy and establishing 

certain support schemes for farmers,  and adapting it 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, and in particular the 

third subparagraph of Article 37(2) thereof, 

Having regard to Protocol No 4 on cotton 1, annexed to the 1979 Act of Accession, and in particular 

paragraph 6 thereof, 

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

1 

2  

OJ L 291, 19.11.1979, p. 174.  Protocol as last amended by Regulation (EC) No 1050/2001 
(OJ L 148, 1.6.2001, p. 1). 
OJ L 236, 23.9.2003, p. 17. 

 
 
 
 
 
 
 
 
 
 
                                                 
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Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, 
Hungary, Malta, Poland, Slovenia and Slovakia 1, and in particular Article 57(2) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the Opinion of the European Parliament 2, 

Having regard to the Opinion of the European Economic and Social Committee 3, 

After consulting the Committee of the Regions, 

1  
2  
3  

OJ L 236, 23.9.2003, p. 33. 
Opinion delivered on 10 March 2004 (not yet published in the Official Journal). 
Opinion delivered on 26 February 2004 (not yet published in the Official Journal). 

 
 
 
 
 
 
 
                                                 
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Whereas: 

(1)  The de-coupling of direct producer support and the introduction of the single payment scheme 

are essential elements in the process of reforming the common agricultural policy aimed at 

moving away from a policy of price and production support to a policy of farmer income 
support.  Regulation (EC) No 1782/2003 1 introduced these elements for a variety of 

agricultural products. 

(2) 

In order to meet the objectives that lay at the heart of the reform of the common agricultural 

policy, the support for cotton, olive oil, raw tobacco and hops should be largely de-coupled 

and integrated into the single payment scheme.   

(3)  The rules on direct support schemes laid down in Council Regulation (EC) No 1782/2003 

should be adapted to allow their implementation in the Czech Republic, Estonia, Cyprus, 

Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. 

(4) 

In the reference period 2000–2002, no direct producer aid for cotton existed.  However, under 

the arrangements in force during that period, Community support was indirectly received by 

the producers via an aid to the ginners.   

1 

OJ L 270, 21.10.2003, p. 1.  Regulation as last amended by Regulation (EC) No 583/2004 
(OJ L 91, 30.3.2004, p. 1). 

 
 
 
 
 
 
                                                 
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(5)  A complete integration in the single payment scheme of the current support scheme in the 

cotton sector would bring a significant risk of production disruption to the cotton producer 

regions of the Community.  A part of the support should therefore continue to be linked to the 

cultivation of cotton through a crop specific payment per eligible hectare.  Its amount should 

be calculated in such a way so as to ensure economic conditions which, in regions which lend 

themselves to that crop, enable activity in the cotton sector to continue and prevent cotton 

from being driven out by other crops.  In order to achieve that goal, it is justified that the total 

available aid per hectare per Member State is set at 35% of the national share of the aid that 

went indirectly to the producers. 

(6)  The remaining 65% of the national share of the aid that went indirectly to the producers 

should be available for the single payment scheme. 

(7)  For environmental reasons, a base area per Member State should be established in order to 

limit the areas sown under cotton.  In addition, the eligible areas should be restricted to those 

authorised by the Member States. 

(8) 

In order to allow producers and ginners to enhance the quality of the cotton, the establishment 

of inter-branch organisations, to be approved by the Member States, should be encouraged.  

These organisations should be financed by their members.  The Community should contribute 

indirectly to the activities of these organisations via an increase of the aid to those farmers 

who are members of the organisations. 

 
 
 
 
 
 
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(9)  To foster quality supplies to the industry, the approved organisations should be authorised to 

differentiate the aid to which their producer-members are entitled in accordance with a scale 

adopted by them.  The scale, approved by the Member States, should take account of criteria 

to be established. 

(10)  A complete integration in the single payment scheme of the current production-linked support 

scheme in the olive sector could bring problems to certain traditional producer regions of the 

Community.  There is a certain  risk of widespread disruption to olive tree maintenance, 

which could in turn lead to degradation of land cover and landscape or have negative social 

impacts.  A part of the support could therefore be linked to the maintenance of olive groves of 

environmental or social value. 

(11)  Consequently, at least 60% of the average of the production aid payments in the olive sector 

during the reference period 2000 to 2002 should be converted into entitlements under the 

single payment scheme; the calculation of the entitlements for each individual farmer should 

be based on the marketing years 1999/2000, 2000/2001, 2001/2002 and 2002/2003.  

However, holdings of a size of less than 0,3 olive GIS-ha, established on the basis of the 

geographical information system for olive cultivation, should, for reasons of equity, be fully 

integrated in the scheme. 

 
 
 
 
 
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(12)  The number of hectares to be included in the calculation of the single payment entitlement 

should be established on the basis of the geographical information system for olive 

cultivation, which henceforth is to be part of the integrated administration and control system. 

(13)  The remaining part  of the production aid payments in the olive sector during the reference 

period should be retained by the Member States, as national envelopes, for the granting to 

farmers of an aid to contribute to the maintenance of olive groves of environmental or social 

value, including aspects of local traditions and culture, in particular in marginal areas.  

Holdings of less than 0,3 olive GIS-ha should be equally eligible.  For reasons of 

simplification, payments under this scheme should be of an amount of at least EUR 50. 

(14)  Member States should be afforded the possibility of withholding the amount necessary to 

finance activities in the olive oil sector related to product quality, monitoring and information, 

which are carried out under work programmes drawn up by approved operator's organisations. 

(15)  Only areas corresponding either to olives trees planted before 1 May 1998 or to replacing 

trees or covered by a programme approved by the Commission are eligible for production aid 

under the current scheme and should therefore be the only ones to be included under the 

single payment scheme as well as be eligible under the olive grove payment scheme.  For 

Cyprus and Malta, the deadline should be 31 December 2001, in accordance with the 

derogation provided for in Article 2(1) of Council Regulation (EC) No 1638/98 of 

20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common market 
organisation in oils and fats 1. 

1  

OJ L 210, 28.7.1998, p. 32.  Regulation as last amended by the 2003 Act of Accession. 

 
 
 
 
 
 
                                                 
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(16)  For Cyprus and Malta, the maximum amounts of aid for olive groves can be definitively 

established only after the introduction of the geographical information system in these 

Member States.  It is therefore necessary to provide for the possibility of revising the figures 

of the maximum amounts set for these Member States. 

(17)  The current support scheme for producers of raw tobacco should be partly de-coupled and 

integrated into the single payment scheme and partly transferred into the restructuring 

envelope.  However, in order to avoid a disruptive effect on production and local economies, 

and to allow the market price to adjust to the new conditions, Member States should be 

allowed during a transitional period to retain up to 60% of the production aid payments in the 

tobacco sector coupled and to grant the remaining part as decoupled aid.  

(18)  Farmers who have left the tobacco sector by participating in the quota buy-back programme 

set up in accordance with Article 14 of Regulation (EEC) No 2075/92 and who are granted 

aid under the single payment scheme, should not in addition receive the buy-back price but 

should be able to choose between the two types of payment.  However, to ensure a fair choice, 

a part of the buy-back price should be paid in so far as this is necessary to compensate for the 

difference between the amount of tobacco aid included in the calculation of the reference 

amount and the amount of the buy-back price, where the latter amount is higher. 

 
 
 
 
 
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(19)  As regards the premium that will continue to be granted for tobacco production during the 

years 2006 and 2007, an amount equal to 4% for the first year and 5% for the second year 

should be transferred to the Community Tobacco Fund, for the purpose of financing actions of 

information for improving public awareness of the harmful effects of tobacco consumption. 

(20)  The full integration of hops in the single payment scheme enables the hops farmer to receive a 

stable income.  If the farmer decides, for example as a result of the conditions of the market or 

for structural reasons, to abandon the growing and harvesting of hops, he can freely decide to 

do so without being without income. 

(21)  In order to deal with specific market situations or with regional implications, the Member 

State concerned should be afforded the possibility of retaining a certain percentage of the 

de-coupled aid.  In this case, Member States may allocate the retained component fully or 

partially to farmers producing hops via an area aid and/or to recognised producer groups to 

enable them to carry out certain tasks. 

(22)  The de-coupling of the aid for cotton and raw tobacco might require actions towards 

restructuring.  Additional Community support for the production regions of the Member 

States in which Community aid for cotton and raw tobacco was granted during 2000, 2001 

and 2002 should be made available by a transfer of funds from Heading 1(a) to Heading 1(b) 

of the Financial Perspectives.  This additional support should be used as provided for in 

Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development 
from the European Agricultural Guidance and Guarantee Fund (EAGGF) 1. 

1 

OJ L 160, 26.6.1999, p. 80.  Regulation as last amended by Regulation (EC) No 1783/2003 
(OJ L 270, 21.10.2003, p. 70). 

 
 
 
 
 
 
                                                 
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(23)  In order to ensure the harmonious continuation of the payment of income aid to producers in 

the cotton-, olive oil- and tobacco sector, the option of postponing the integration of these 

support schemes in the single payment scheme should not apply. 

(24)  On the basis of new data the national guaranteed area for nuts in Poland has to be increased.  

(25)  In order to ensure that the modifications made for the new Member States can enter into force 

by the date of accession, this Regulation has to enter into force by 1 May 2004,  

HAS ADOPTED THIS REGULATION: 

 
 
 
 
 
 
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Article 1 

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

1) 

the third indent of Article 1 shall be replaced by the following: 

"– 

support schemes for farmers producing durum wheat, protein crops, rice, nuts, energy 

crops, starch potatoes, milk, seeds, arable crops, sheep meat and goat meat, beef and 

veal, grain legumes, cotton, tobacco, hops, as well as for farmers maintaining olive 

groves."; 

2)  Article 11(1) shall be replaced by the following: 

"1.   Starting with the 2007 budget, with a view to ensuring that the amounts for the financing 

of the common agricultural policy currently under subheading 1a (market measures and direct 

aids) respect the annual ceilings set out in the Decision of the Representatives of the 

Governments of the Member States, meeting within the Council on 18 November 2002, 

concerning the Conclusions of the European Council meeting in Brussels on 24 and 

25 October 2002, an adjustment of the direct payments shall be fixed when the forecasts for 

the financing of the measures under subheading 1a for a given budget year, increased by the 

amounts given in Articles 143d and 143e and before application of modulation provided for in 

Article 10(2), indicate that the abovementioned annual ceiling, taking into account a margin 

of EUR 300 million below that ceiling, will be exceeded.  This is without prejudice to the 

financial perspectives for 2007-2013."; 

 
 
 
 
 
 
 
 
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3) 

the second subparagraph of Article 19(1) shall be replaced by the following: 

"This data base shall, in particular, allow direct and immediate consultation, through the 

competent authority of the Member State, of the data relating to the calendar and/or marketing 

years starting from the year 2000 and, for aid granted under Chapter 10b of Title IV, from 

1 May 1998."; 

4)  Article 20 shall be replaced by the following: 

"Article 20 

Identification system for agricultural parcels 

1.   The identification system for agricultural parcels shall be established on the basis of maps 

or land registry documents or other cartographic references.  Use shall be made of 

computerised geographical information system techniques including preferably aerial or 

spatial orthoimagery, with a homogenous standard guaranteeing accuracy at least equivalent 

to cartography at a scale of 1:10000. 

2.   The identification system shall, where appropriate, include a geographical information 

system for olive cultivation, consisting of a computerised alphanumerical database and a 

computerised graphical reference database for olive trees and areas concerned."; 

 
 
 
 
 
 
 
 
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5)  Article 22 shall be amended as follows: 

(a) 

in paragraph 1, the following indent shall be inserted after the first indent: 

"– 

the number of olive trees and their positioning in the parcel,"; 

(b)  paragraph 2 shall be replaced by the following: 

"2.   A Member State may decide that the aid application needs to contain only changes 

with respect to the aid application submitted the previous year.  A Member State shall 

distribute pre-printed forms based on the areas determined in the previous year and 

supply graphic material indicating the location of those areas and, where appropriate, 

the positioning of olive trees."; 

6)  Article 35 shall be replaced by the following: 

"Article 35 

Double claims 

1.   The area corresponding to the number of eligible hectares as defined in Article 44(2) in 

respect of which a single payment application is submitted may be the subject of an 

application for any other direct payment as well as for any other aid not covered by this 

Regulation, save as otherwise provided. 

 
 
 
 
 
 
 
 
 
 
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2.   Farmers who have participated in the tobacco quota buy-back scheme according to 

Regulation (EEC) No 2075/92 shall be entitled to either the single payment or the quota 

buy-back price.  However, where the quota buy-back price is higher than the amount 

calculated for tobacco to be included in the reference amount, the farmer shall still be entitled, 

in addition to the single payment, to a part of the buy-back price corresponding to the 

difference between the price amount and the amount calculated in accordance with point I of 

Annex VII to this Regulation."; 

7) 

In Article 37(1) the following subparagraph shall be added: 

"However, for olive oil the reference amount shall be the four-year average of the total 

amounts of payments which a farmer was granted under the olive oil support scheme referred 

to in Annex VI, calculated and adjusted according to Annex VII, during the marketing years 

1999/2000, 2000/2001, 2001/2002 and 2002/2003."; 

8)  Article 40(5) shall be replaced by the following: 

"5.   Paragraphs 1, 2 and 3 of this Article shall apply, mutatis mutandis, to farmers who, 

during the reference period, were under agri-environmental commitments in accordance with 

Regulations (EEC) No 2078/92 * and (EC) No 1257/1999, to hop farmers who, during the 

same period, were under a grubbing-up commitment in accordance with Regulation (EC) 

No 1098/98 **, as well as to tobacco farmers who have participated in the quota buy-back 

programme in accordance with Regulation (EEC) No 2075/92.  

 
 
 
 
 
 
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In the case where the measures referred to in the first subparagraph covered both the reference 

period and the period referred to in paragraph 2, Member States shall establish, according to 

objective criteria and in such a way as to ensure equal treatment between farmers and to avoid 

market and competition distortions, a reference amount in accordance with the detailed rules 

to be laid down by the Commission in accordance with the procedure referred to in 

Article 144(2). 

OJ L 215, 30.7.1992, p. 85. 
* 
**  OJ L 157, 30.5.1998, p. 7."; 

9) 

in Article 42(9) the date of 29 September 2003 shall be replaced by the date of 15 May 2004; 

10)  point (a) of Article 43(2) shall be replaced by the following: 

"(a) 

in case of potato starch, dried fodder, seed, olive groves and tobacco aids listed in 

Annex VII, the number of hectares whose production has been granted the aid in the 

reference period as calculated in points B, D, F, H and I of Annex VII;"; 

 
 
 
 
 
 
 
 
 
 
 
 
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11) 

the following subparagraph shall be added to Article 44(2): 

""Eligible hectare" shall also mean areas planted with hops or being under a temporary resting 

obligation, or areas as calculated in the second subparagraph of point H of Annex VII under 

olive trees planted before 1 May 1998, except for Cyprus and Malta, for which the date shall 

be 31 December 2001, or new olive trees replacing existing olive trees or olive trees within 

approved planting schemes and registered into a geographic information system."; 

12)  Article 51 shall be replaced by the following: 

"Article 51 

Agricultural use of the land 

Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural 

activity except for: 

(a) 

permanent crops, apart from olive trees planted before 1 May 1998, except for Cyprus 

and Malta, for which the date shall be 31 December 2001, or new olive trees replacing 

existing olive trees or olive trees within approved planting schemes and registered into a 

geographic information system or hops; 

 
 
 
 
 
 
 
 
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(b) 

the production of the products referred to in Article 1(2) of Regulation (EC) 

No 2200/96 * and in Article 1(2) of Regulation (EC) No 2201/96 **. 

However, Member States may decide to allow secondary crops to be cultivated on the 

eligible hectares during a period of maximum three months starting each year on 

15 August; however, at the request of a Member State, this date is modified in 

accordance with the procedure laid down in Article 144(2) for regions where cereals are 

normally harvested earlier for climatic reasons; 

(c) 

potatoes other than those intended for the manufacture of potato starch for which aid is 

granted under Article 93. 

OJ L 297, 21.11.1996, p. 1. 

* 
**  OJ L 297, 21.11.1996, p. 29."; 

13)  Article 60(1) shall be replaced by the following: 

"1.   Where a Member State makes use of the option provided for in Article 59, farmers may, 

by way of derogation from Article 51 and in accordance with this Article, also use the parcels 

declared according to Article 44(3) for the production of products referred to in Article 1(2) of 

Regulation (EC) No 2200/96 or in Article 1(2) of Regulation (EC) No 2201/96 and of 

potatoes other than those intended for the manufacture of potato starch for which aid is 

granted under Article 93 of this Regulation, except permanent crops, apart from hops or olive 

trees planted before 1 May 1998 or new olive trees replacing existing olive trees or olive trees 

within approved planting schemes and registered into a geographic information system."; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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14)  Article 64(2) shall be amended as follows: 

(a) 

in the first subparagraph the terms "Articles 66, 67, 68 and 69" shall be replaced by the 

terms "Articles 66, 67, 68, 68a and 69"; 

(b) 

in the second subparagraph the terms "Articles 66, 67, 68 and 69" shall be replaced by 

the terms "Articles 66, 67, 68, 68a and 69"; 

15)  Article 65(1) shall be amended as follows: 

The terms "Articles 66, 67, 68 and 69" shall be replaced by the terms "Articles 66, 67, 68, 68a 

and 69"; 

16) 

in section 2 of Chapter 5 of Title III, the following Article shall be inserted: 

"Article 68a 

Hops payments 

In the case of hops payments, Member States may retain up to 25% of the component of 

national ceilings referred to in Article 41 corresponding to the hops area payments and the 

temporary resting aid referred to in Annex VI. 

 
 
 
 
 
 
 
 
 
 
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In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the 

Member State concerned shall make, on a yearly basis, an additional payment to farmers 

and/or a payment to producer groups recognised in accordance with Article 7(3) of 

Regulation (EEC) No 1696/71. 

The additional payment shall be granted to farmers producing hops on a per hectare basis, at a 

maximum level of 25% of the per hectare payments referred to in Annex VI to be granted 

under the conditions provided for in Chapter 10d of Title IV. 

The payment to recognised producer groups shall be granted to finance the activities referred 

to in Article 7(1)(a) to (d) of Regulation (EEC) No 1696/71."; 

17)  Article 71 shall be amended as follows: 

(a) 

the following subparagraph shall be added to paragraph 1: 

For hops, the transitional period referred to in the first subparagraph shall expire on 

31 December 2005.  The transitional period referred to in the first subparagraph shall 

not apply in respect of cotton, olive oil and table olives and tobacco. 

 
 
 
 
 
 
 
 
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(b) 

the first subparagraph of paragraph 2 shall be replaced by the following: 

"Without prejudice to Article 70(2), in the transitional period the Member State 

concerned shall apply the direct payments referred to in Annex VI under the conditions 

established, respectively, in Chapters 3,6 to 10 and 10d to 13 of Title IV of this 

Regulation, Article 6 of Regulation (EEC) No 2019/93, Article 9 of Regulation (EC) 

No 1452/2001, Articles 13 and 22(2) to (4) of Regulation (EC) No  1453/2001, and 

Article 5 of Regulation (EC) No 1454/2001, within the limit of budgetary ceilings 

corresponding to the components of these direct payments in the national ceiling 

referred to in Article 41, fixed in accordance with the procedure referred to in 

Article 144(2) of this Regulation, for each of the direct payments."; 

18) 

in Article 71g, paragraph 1 shall be replaced by the following: 

"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 referred to in Article 1(2) of Regulation (EC) No 2200/96, in Article 1(2) of 

Regulation (EC) No 2201/96 and potatoes other than those intended for the manufacture of 

potato starch for which aid is granted under Article 93 of this Regulation, except permanent 

crops, apart from hops or olive trees planted before 1 May 1998 and, in Cyprus and Malta, 

before 31 December 2001, or new olive trees replacing existing olive trees or olive trees 

within approved planting schemes and registered into a geographic information system."; 

 
 
 
 
 
 
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19)  Article 84 shall be amended as follows: 

(a) 

paragraph 2 shall be replaced by the following: 

"2.   A maximum guaranteed area of 815 600 ha is hereby established."; 

(b) 

in paragraph 3, for Poland, the national guaranteed area of 1 000 ha shall be replaced by 

4 200 ha.; 

20) 

the following Chapters shall be inserted in Title IV: 

"Chapter 10a 

Crop specific payment for cotton 

Article 110a 

Scope 

Aid shall be granted to farmers producing cotton, falling within CN code 5201 00 under the 

conditions laid down in this Chapter. 

 
 
 
 
 
 
 
 
 
 
 
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Article 110b 

Eligibility 

1.   The aid shall be granted per hectare of eligible area of cotton.  In order to be eligible, the 

area shall be located on agricultural land authorised by the Member State for cotton 

production, sown under authorised varieties and maintained at least until the boll opening 

under normal growing conditions. 

However, if the cotton does not attain the stage of boll opening as a result of exceptional 

weather conditions recognised as such by the Member State, areas fully sown under cotton 

shall remain eligible for aid provided that the areas in question have up to the boll opening not 

been used for any other purpose than for the production of cotton. 

2.   Member States shall authorise the land and the varieties referred to in paragraph 1 in 

accordance with detailed rules and conditions to be adopted in accordance with the procedure 

referred to in Article 144(2). 

Article 110c 

Base areas and amounts 

1.   A national base area is hereby established for: 

– 

– 

– 

Greece: 

370 000 ha  

Spain: 

70 000 ha 

Portugal: 

360 ha. 

 
 
 
 
 
 
 
 
 
 
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2.   The amount of the aid per eligible hectare shall be in: 

– 

Greece: 

EUR 594 for 300 000 hectares and  

EUR 342.85 for the remaining 70 000 hectares 

– 

– 

Spain: 

EUR  1 039 

Portugal: 

EUR  556. 

3.   If the eligible area of cotton in a given Member State and in a given year exceeds the base 

area laid down in paragraph 1, the aid referred to in paragraph 2 for that Member State shall 

be reduced proportionately to the overrun of the base area. 

However, for Greece the proportionate reduction shall be applied in respect of the amount of 

the aid fixed for the part of the national base area composed of the 70 000 hectares in order to 

respect the global amount of EUR 202,2 million. 

4.  Detailed rules for the implementation of this Article shall be adopted in accordance with 

the procedure referred to in Article 144(2).  

 
 
 
 
 
 
 
 
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Article 110d 

Approved inter-branch organisations 

1.   For the purpose of this Chapter, an "approved inter-branch organisation" shall mean a 

legal entity made up of farmers producing cotton and at least one ginner, aiming at, in 

particular, the supply of qualitatively suitable unginned cotton to the ginner.  The Member 

State in whose territory the ginners are established shall approve the organisation that respects 

the criteria to be adopted in accordance with the procedure referred to in Article 144(2). 

2.   The approved inter-branch organisation shall be financed by its members. 

Article 110e 

Differentiation of aid by approved inter-branch organisations 

1.   The approved inter-branch organisation may decide that a maximum of half of the total 

amount of the aid to which its farmer-members are entitled on the basis of the areas eligible 

pursuant to Article 110b(1) is differentiated according to a scale fixed by it. 

2.   The scale referred to in paragraph 1 shall be approved by the Member State and shall 

respect the criteria to be adopted in accordance with the procedure referred to in 

Article 144(2).  These criteria shall concern, in particular, the quality of the unginned cotton 

to be delivered, adapted to the environmental and economic conditions of the zones 

concerned. 

 
 
 
 
 
 
 
 
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Article 110f 

Payment of aid 

1.   Farmers shall be granted the aid per eligible hectare pursuant to Article 110c. 

2.   Farmers who are members of an approved inter-branch organisation shall be granted an 

aid per eligible hectare pursuant to Article 110c, increased by an amount of EUR 10.  

However, in case of differentiation, the aid shall be granted per eligible hectare pursuant to 

Article 110c adjusted in accordance with Article 110e(1).  The adjusted amount shall be 

increased by an amount of EUR 10. 

Chapter 10b 

Aid for olive groves 

Article 110g 

Scope 

Aid shall be granted to farmers as a contribution to the maintenance of olive groves of 

environmental or social value according to the conditions laid down in this Chapter. 

Article 110h 

Eligibility 

Payment of the aid shall be subject to the following conditions: 

(a) 

the olive grove shall be registered in the geographic information system referred to in 

Article 20(2); 

 
 
 
 
 
 
 
 
 
 
 
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(b)  only surfaces corresponding either to olive trees planted before 1 May 1998, except for 

Cyprus and Malta, for which the date shall be 31 December 2001, or to replacing trees 

or surfaces covered by a programme approved by the Commission shall be eligible for 

the aid; 

(c) 

the number of olive trees in the olive grove shall not differ by more than 10% from the 

number registered on 1 January 2005 in the geographic information system referred to 

in Article 20(2); 

(d) 

the olive grove shall comply with the features of the olive grove category under which 

aid is claimed; 

(e) 

the aid applied for shall amount to at least EUR 50 per application. 

Article 110i 

Amount 

1.   The aid for olive groves shall be granted per olive GIS-ha.  An olive GIS-ha shall be the 

area unit used in a common method to be established in accordance with the procedure 

referred to in Article 144(2) on the basis of data from the geographical information system for 

olive cultivation referred to in Article 20(2). 

 
 
 
 
 
 
 
 
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2.   Within the maximum amounts established in paragraph 3, and after deduction of the 

amount withheld pursuant to paragraph 4, Member States shall fix an aid per olive GIS-ha of 

up to a maximum of five categories of olive grove areas. 

These categories shall be established in accordance with a common framework of 

environmental and social criteria, including aspects related to landscape and social tradition, 

to be adopted in accordance with the procedure referred to in Article 144(2).  In this context, 

particular attention shall be given to the maintenance of olive groves in marginal areas. 

3.   Where the coefficient of 0.4, resulting from the application of the coefficient of 0.6 laid 

down in Annex VII (H) is applied, the maximum amount of aid referred to in paragraph 2 

shall be as follows: 

France 

Greece 

Italy 

Cyprus 

Malta 

Spain 

Portugal 

Slovenia 

EUR million 

2,11 

208,14 

272,05 

2,93 

0,07 

 412,45 

22,66 

0,17 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Member States shall allocate the maximum amount between the different categories in 

accordance with objective criteria and in a non-discriminatory manner.  For each category, the 

aid per olive GIS-ha may amount to, but may not exceed, the level of the maintenance costs 

excluding harvest costs. 

Should Member States decide upon a decrease in the coefficient of 0.4 the maximum amount 

of the aid referred to in the above table, as well as the Annexes VIII and VIIIa, shall be 

adjusted in accordance with the procedure referred to in Article 144(2). 

The maximum amounts of aid set for Cyprus and Malta are provisional.  They may be revised 

in 2005 after the introduction of the geographical information system referred to in 

Article 20(2), in accordance with the procedure provided for in Article 144(2), to adjust the 

Cypriot and Maltese maximum amount of aid accordingly. 

4.   Member States may withhold up to 10% of the amounts referred to in paragraph 3 to 

ensure Community finance of work programmes drawn up by approved operators' 

organisations pursuant to Article 8 of Regulation (EC) No .../.... of ..........  [on the common 

organisation of the market in olive oil and table olives]. * 

However, should a Member State decide to apply a higher coefficient than 0.6 as laid down in 

Annex VII (H), it may withhold a maximum of 10 percent of the olive oil component in the 

national ceiling referred to in Article 41 to ensure Community financing of the work 

programmes referred to in the first subparagraph.  This maximum amount shall be fixed in 

accordance with the procedure referred to in Article 144(2).  

 
 
 
 
 
 
 
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Chapter 10c 

Tobacco Aid 

Article 110j 

Scope of application 

For the harvest years 2006, 2007, 2008 and 2009 aid may  be granted to farmers producing 

raw tobacco, falling within CN code 2401, under the conditions laid down in this Chapter.  

Article 110k 

Eligibility  

The aid shall be granted to farmers who received a tobacco premium payment in accordance 

with Regulations (EEC) No 2075/92 in the calendar years 2000, 2001 and 2002, and to 

farmers who aquired tobacco production quotas during the period 1 January 2002 to 

31 December 2005.  The payment of the aid shall be subject to the following conditions: 

(a) 

the tobacco must come from a production area referred to in Annex II to Commission 

Regulation (EC) No 2848/98 **; 

(b) 

the quality requirements defined in Regulation (EC) No 2848/98 must be fulfilled; 

(c) 

the leaf tobacco must be delivered by the farmer to the premises of the first processor 

under a cultivation contract; 

 
 
 
 
 
 
 
 
 
 
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(d) 

it shall be made in such a way as to ensure equal treatment between farmers and/or 

according to objective criteria such as location of tobacco producers in an Objective 1 

region or the production of varieties of a certain quality. 

Article 110l 

Amount 

1.   Where a coefficient of 0.6, resulting from the application of the coefficient of 0.4 laid 

down in Annex VII (I) is applied, the maximum amount of the total of the aid, including the 

amounts to be transferred to the Community Tobacco Fund referred to in Article 110m, shall 

be as follows: 

Belgium 

Germany 

Greece 

Spain 

France 

Italy 

Austria 

Portugal 

2006 - 2009 

EUR million 

2,374 

21,287 

227,331 

70,599 

48,217 

200,821 

0,606 

10,161 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Should Member States decide upon a decrease in the coefficient of 0.6, the maximum amount 

of the aid referred to in the above table, as well as Annex VIII, shall be adjusted in accordance 

with the procedure referred to in Article 144(2). 

Article 110m 

Transfer to the Community Tobacco Fund 

An amount equal to 4% for the calendar year 2006 and 5% for the calendar year 2007 of the 

aid granted in accordance with this Chapter shall finance actions of information under the 

Community Tobacco Fund provided for in Article 13 of Regulation (EC) No 2075/92. 

Chapter 10d 

Hops area aid 

Article 110n 

Scope of application 

Aid shall be granted to farmers producing hops falling within CN code 1210, under the 

conditions laid down in this Chapter. 

 
 
 
 
 
 
 
 
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Article 110o 

Eligibility 

Eligible areas shall be areas that are: 

– 

located in hop production areas as published by the Commission pursuant to 

Article 6(2) of Council Regulation (EEC) No 1784/77 ***, 

– 

planted with hops, and  

– 

actually harvested. 

See page ... of this Official Journal. 

* 
**  OJ L 358, 31.12.1998, p. 17.  Regulation as last amended by Commission 

Regulation (EC) No 1983/2002 (OJ L 306, 8.11.2002, p. 8). 

***  OJ L 200, 8.8.1977, p. 1.  Regulation as last amended by the 2003 Act of Accession."; 

21) 

in Title IVa, Article 143c(2) after the first sentence of point (a) the following sentence shall be 

inserted: 

"However, for the direct payments referred to in Chapter 7 of Title IV of this Regulation the 

following maximum rates shall apply: 85% in 2004, 90% in 2005, 95% in 2006 and 100% as 

from 2007."; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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22) 

the following Title IVb shall be inserted: 

"TITLE IVB 

Financial transfers 

Article 143d 

Financial transfer for restructuring in the cotton regions 

As from budget year 2007, an amount of EUR [22 million], originating from the average 

expenditure for cotton in the years 2000, 2001 and 2002, shall be available per calendar year 

as additional Community support for measures in cotton producing regions under rural 

development programming financed under the EAGGF "Guarantee" Section according to 

Regulation (EC) No 1257/1999. 

Article 143e 

Financial transfer for restructuring in the tobacco regions 

As from budget year 2011, an amount of EUR 484 million representing 50 percent of the  

three-year average total aid amount in the years 2000, 2001 and 2002 for the subsidised 

tobacco shall be available as additional Community support for measures in tobacco 

producing regions under rural development programming financed under the EAGGF 

"Guarantee" Section according to Regulation (EC) No 1257/1999, for those Member States in 

which the tobacco producers received aid in accordance with Regulation (EC) No 2075/92 

during the years 2000, 2001 and 2002. 

 
 
 
 
 
 
 
 
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23) 

the following points shall be added to Article 145: 

"(r)  with regard to cotton, detailed rules in respect of: 

– 

the calculation of the reduction of the aid provided for in Article 110c(3), 

– 

the approved inter-branch organisations, in particular their financing and a control 

and sanction system; 

(s)  with regard to the single payment scheme, detailed rules for the calculation and/or for 

the adjustment of payment entitlements, for the purpose of integrating in the scheme 

production aid to cotton, olive oil, tobacco and hops."; 

24) 

the following Articles shall be inserted after Article 151: 

"Article 151a 

Amendments to Regulation (EC) No 546/2002 

Regulation (EC) No 546/2002 shall be amended as follows: 

1) 

in Articles 1 and 2 and in Annex I, "harvests 2002, 2003 and 2004" shall be replaced by 

"harvests 2002, 2003, 2004 and 2005"; 

 
 
 
 
 
 
 
 
 
 
 
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2) 

The title of the second table set out in Annex II shall be replaced by the following: 

"The guaranteed thresholds for the harvests 2003, 2004 and 2005".; 

Article 151b 

Amendment to Regulation (EC) No 2075/92 

In Article 13(1) the following indent shall be added: 

"- 3% of the premium for the harvest 2005"."; 

25) 

the following points shall be added to Article 152: 

"(d)  Titles I and II of Regulation (EEC) No 2075/92.  However, they shall continue to apply 

to applications for direct payments in respect of the 2005 harvest; 

(e)  Articles 12 and 13 of Regulation (EEC) No 1696/71 *.  However, they shall continue to 

apply to applications for direct payments in respect of the 2004 harvest and of the 2005 

harvest if a Member State decides to apply the single payment scheme after the 

transitional period for hops referred to in the third subparagraph of Article 71(1) of this 

Regulation. 

* 

OJ L 175, 4.8.1971, p. 1.  Regulation as last amended by Regulation (EC) 
No 2320/2003 (OJ L 345, 31.12.2003, p. 18)."; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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26) 

the following paragraphs shall be inserted in Article 153: 

"4a.   Council Regulation (EC) No 1051/2001 * is hereby repealed.  However, it shall 

continue to apply in respect of marketing year 2005/2006. 

4b.   Regulation (EC) No 1098/98 is hereby repealed.   However it shall continue to apply 

until 31 December 2005 if a Member State decides to apply the single payment scheme after 

the transitional period for hops referred to in the third subparagraph of Article 71(1) of this 

Regulation. 

* 

OJ L 148, 1.6.2001, p. 3."; 

27) 

the following Article shall be inserted: 

"Article 155a 

By 31 December 2009, the Commission shall submit a report to the Council on the 

implementation of this Regulation with regard to cotton, olive oil, table olives and olive 

groves, tobacco and hops, accompanied, if necessary, by appropriate proposals."; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
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28) 

the following points shall be added to Article 156(2): 

"(g)  Title IV, Chapter 10a, shall apply as from 1 January 2006 for the cotton sown as from 

that date; 

(h)  Title IV, Chapter 10b, shall apply as from marketing year 2005/2006."; 

29) 

the Annexes shall be amended in accordance with the Annex to this Regulation. 

 
 
 
 
 
 
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Article 2 

1.   This Regulation shall enter into force on 1 May 2004.  

2.   It shall apply as from 1 January 2006 except for the following provisions: 

(a)  Article 1, (7a), (14), (14a), (16) and 18(a) as well as (23) as regards Annexes VIII and VIIIa 

which shall apply as from the date of entry into force of this Regulation; 

(b)  Article 1(1) as regards the insertion of hops, (7), (9) as regards hops, (10), (11), (11a), (11b), 

(12), (13) as regards hops, (15) as regards Chapter 10d , (19) as regards point (e), (20) as 

regards 4b, (23) as regards annexes I, VI and VII for the parts concerning hops which shall 

apply as from 1 January 2005. 

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

Done at Luxembourg, 29 April 2004. 

For the Council 

The President 

M. McDOWELL 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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The Annexes are hereby amended as follows: 

1)  Annex I shall be replaced by the following: 

ANNEX 

List of support schemes fulfilling the criteria set out in Article 1 

"ANNEX I 

Sector 

Legal base 

Notes 

Single payment 
Single area payment 

Title III of this Regulation 
Title IVa, Article 143b of this Regulation 

Durum wheat 
Protein crop 
Rice 
Nuts 
Energy crops 
Starch potato 
Milk and dairy 
products 

Title IV, Chapter 1 of this Regulation 
Title IV, Chapter 2 of this Regulation 
Title IV, Chapter 3 of this Regulation 
Title IV, Chapter 4 of this Regulation 
Title IV, Chapter 5 of this Regulation 
Title IV, Chapter 6 of this Regulation 
Title IV, Chapter 7 of this Regulation 

Arable crop in Finland 
and in certain regions 
of Sweden 

Title IV, Chapter 8 of this 
Regulation (**) (*****) 

Seeds 

Arable crops 

Title IV, Chapter 9 of this 
Regulation (**) (*****) 

Title IV, Chapter 10 of this 
Regulation (***) (*****) 

Sheep and goats 

Title IV, Chapter 11 of this 
Regulation (***) (*****) 

Decoupled payment (see Annex VI) (*) 
Decoupled payment replacing all the 
direct payments referred to in this Annex
Area aid (quality premium) 
Area aid 
Area aid 
Area aid 
Area aid 
Production aid 
Dairy premium and additional payment 

Specific regional aid for arable crops 

Production aid 

Area aid, including set-aside payments, 
grass silage payments, supplementary 
amounts (**), durum wheat supplement 
and special aid 

Ewe and she-goat premium, 
supplementary premium and certain 
additional payments 

 
 
 
 
 
 
 
 
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Sector 

Legal base 

Notes 

Beef and veal 

Title IV, Chapter 12 of this 
Regulation (*****) 

Special premium (***), 
deseasonalisation premium, suckler cow 
premium (including when paid for 
heifers and including the additional 
national suckler cow premium when 
co-financed) (***), slaughter 
premium (***), extensification payment, 
additional payments 

Grain legumes 

Title IV, Chapter 13 of this 
Regulation (*****) 

Area aid 

Specific types of 
farming and quality 
production 

Dried fodder 

Article 69 of this Regulation (****) 

Article 71(2) second subparagraph of this 
Regulation (*****) 

Small farmers' scheme  Article 2a 

Regulation (EC) No 1259/1999 

Transitional area aid for farmers 
receiving less than EUR 1 250 

Olive oil 

Silkworms 

Bananas 

Dried grapes 

Tobacco 

Hops 

Title IV, Chapter 10b of this Regulation 

Area aid 

Article 1 
Regulation (EEC) No 845/72 

Article 12 
Regulation (EEC) No 404/93 

Article 7(1) 
Regulation (EC) No 2201/96 

Aid to encourage rearing 

Production aid 

Area aid 

Title IV, Chapter 10c of this Regulation 

Production aid 

Title IV, Chapter 10d of this 
Regulation (***) (*****) 

Area aid 

POSEIDOM 

Articles 9 (**) (*****), 12(2) and 16 
Regulation (EC) No 1452/2001 

Sectors: beef and veal; sugar; green 
vanilla 

 
 
 
 
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Sector 

Legal base 

Notes 

POSEIMA 

Articles 13 (**) (*****), 16, 17 and 28(1), 
21, 22(2) to (4) (**) (*****) and (7), 27, 29 
and 30(1), (2) and (4) Regulation (EC) 
No 1453/2001 

Sectors: beef and veal; milk; potatoes; 
sugar; wicker; pineapples, tobacco, seed 
potatoes, chicory and tea 

POSEICAN 

Articles 5 (**) (*****), 9 and 14 
Regulation (EC) No 1454/2001 

Sectors: beef and veal, sheep and goat; 
potatoes 

Aegean Islands 

Articles 6 (**) (*****), 8, 11 and 12 
Regulation (EEC) No 2019/93 

Sectors: beef and veal; potatoes; olives; 
honey 

Cotton 

Title IV, Chapter 10a of this Regulation 

Area aid 

(*) 

Starting from 1 January 2005 or later in the case of application of Article 71.  
For 2004, or later on in case of application of Article 71, the direct payments listed in 
Annex VI are included in Annex I except dried fodder and cotton. 

(**)  Where Article 70 is applied. 
(***)  Where Articles 66, 67, 68 or 68a are applied. 
(****)  Where Article 69 is applied. 
(*****)  Where Article 71 is applied."; 

 
 
 
 
 
 
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2)  Annex II shall be replaced by the following: 

"ANNEX II 

National ceilings referred to in Article 12(2) 

MIO EUR 

Member State 

2005 

2006 

2007 

2008 

2009 

2010 

2011 

2012 

Belgium 

Denmark 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

  4,7 

  6,2 

  7,7 

  7,7 

  7,7 

  7,7 

  7,7 

  7,7 

  7,7 

 10,3 

 12,9 

 12,9 

 12,9 

 12,9 

 12,9 

 12,9 

 40,4 

 54,6 

 68,3 

 68,3 

 68,3 

 68,3 

 68,3 

 68,3 

 45,4 

 60,6 

 75,7 

 75,7 

 75,7 

 75,7 

 75,7 

 75,7 

 56,9 

 76,5 

 95,5 

 95,5 

 95,5 

 95,5 

 95,5 

 95,5 

 51,4 

 68,7 

 85,9 

 85,9 

 85,9 

 85,9 

 85,9 

 85,9 

 15,3 

 20,4 

 25,5 

 25,5 

 25,5 

 25,5 

 25,5 

 25,5 

 62,3 

 83,7 

104,6 

104,6 

104,6 

104,6 

104,6 

104,6 

Luxembourg 

  0,2 

  0,3 

  0,4 

  0,4 

  0,4 

  0,4 

  0,4 

  0,4 

Netherlands 

  6,8 

  9,2 

 11,5 

 11,5 

 11,5 

 11,5 

 11,5 

 11,5 

Austria 

Portugal 

Finland 

Sweden 

 12,4 

 17,1 

 21,3 

 21,3 

 21,3 

 21,3 

 21,3 

 21,3 

 10,8 

 14,6 

 18,2 

 18,2 

 18,2 

 18,2 

 18,2 

 18,2 

  8,0 

 10,8 

 13,6 

 13,6 

 13,6 

 13,6 

 13,6 

 13,6 

  6,6 

  8,8 

 11,0 

 11,0 

 11,0 

 11,0 

 11,0 

 11,0 

United Kingdom 

 17,7 

 23,6 

 29,5 

 29,5 

 29,5 

 29,5 

 29,5 

 29,5 

"; 

 
 
 
 
 
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2a)  Annex IV shall be amended as follows: 

The last two indents of the second column shall be replaced by the following: 

"–  Retention of landscape features, including, where appropriate, the prohibition of the 

grubbing up of olive trees 

– 

Avoiding the encroachment of unwanted vegetation on agricultural land 

–  Maintenance of olive groves in good vegetative condition."; 

3)  Annex V shall be replaced by the following: 

"ANNEX V 

Compatible support schemes referred to in Article 26 

Sector 

Dried grapes 

Agri-environment 

Legal base 

Article 7(1) 
Regulation (EC) No 2201/96 

Title II, chapter VI (Articles 22 to 24) and 
Article 55(3) 
Regulation (EC) No 1257/1999 

Forestry 

Article 31 and Article 55(3) 
Regulation (EC) No 1257/1999 

Less-favoured areas and 
areas with environmental 
restrictions 

Title II, chapter V (Articles 13 to 21)and 
Article 55(3) 
Regulation (EC) No 1257/1999 

Dried fodder 

Citrus for processing 

Tomatoes for processing 

Wine 

Articles 10 and 11 
Regulation (EC) No 603/95 

Article 1 
Regulation (EC) No 2202/96 

Article 2 
Regulation (EC) No 2201/96 

Articles 11 to 15 
Regulation (EC) No 1493/1999 

Notes 

Area-related aid 

Area-related aid 

Area-related aid 

Area-related aid 

Production aid 

Production aid 

Production aid 

Restructuring aid 

"; 

 
 
 
 
 
 
 
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4) 

the following rows shall be added to Annex VI: 

"Cotton 

Olive oil 

Tobacco 

Paragraph 3 of Protocol No 4 on cotton 
annexed to the Act of Accession of Greece 

Support through the payment for 
unginned cotton  

Article 5 
Regulation 136/66/EEC 

Article 3 
Regulation (EEC) No 2075/92 

Production aid 

Production aid 

Hops 

Article 12 of Regulation (EEC) No 1696/71 

Area aid 

Article 2 of Regulation (EC) No 1098/98 

Temporary resting aid"; 

5) 

the following shall be added to Annex VII: 

"G.  Cotton 

Where a farmer has declared areas sown under cotton, Member States shall calculate the 

amount to be included in the reference amount by multiplying the number of hectares, 

to two decimal places, which produced cotton that was granted aid pursuant to 

paragraph 3 of Protocol No 4 on cotton * in each year of the reference period, by the 

following amounts per hectare: 

– 

EUR 966 for Greece, 

– 

EUR 1 509 for Spain, 

– 

EUR 1 202 for Portugal. 

 
 
 
 
 
 
 
 
 
 
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H.  Olive oil 

Where a farmer has received olive oil production aid, the amount shall be calculated by 

multiplying the number of tonnes for which such a payment has been granted in the 

reference period (i.e. respectively, in each of the marketing years 1999/2000, 

2000/2001, 2001/2002 and 2002/2003) by the corresponding unit amount of aid, 

expressed in EUR/tonne, as fixed in Commission Regulations (EC) No 1415/2001**, 

(EC) No 1271/2002 ***, (EC) No 1221/2003 **** and (EC) No 1794/2003 *****, and 

multiplied by a 0,6 coefficient.  However, Member States may decide by 1 August 2005 

to increase this coefficient.  This coefficient shall not be applied to farmers whose 

average number of olive GIS-ha during the reference period, excluding the number of 

olive GIS-ha corresponding to additional trees planted outside any approved planting 

scheme after 1 May 1998, is less than 0.3.  The number of olive GIS-ha shall be 

calculated by a common method to be established in accordance with the procedure 

referred to in Article 144(2) and on the basis of data from the geographic information 

system for olive cultivation. 

Where the aid payments during the reference period have been affected by application 

of the measures laid down in Article 2(3) of Regulation (EEC) No 1638/98 ******, the 

calculation mentioned in the third subparagraph shall be adjusted as follows: 

– 

where the measures were applied to only one marketing year, the number of 

tonnes to be taken into account for the year concerned shall be equal to the 

number of tonnes for which aid would have been granted had the measures not 

been applied, 

 
 
 
 
 
 
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– 

where the measures were applied to two consecutive marketing years, the number 

of tonnes to be taken into account for the first year concerned shall be established 

in accordance with the first indent, and the number of tonnes to be taken into 

account for the following year shall be equal to the number of tonnes for which 

aid was granted in respect of the last marketing year before the reference period 

which has not been affected by an application of the said measures. 

Member States shall calculate the number of hectares to be included in the calculation 

of the single payment as the number of olive GIS-ha obtained by a common method to 

be established in accordance with the procedure referred to in Article 144(2) and on the 

basis of data from the geographic information system for olive cultivation, excluding 

the number of olive GIS-ha of additional trees planted outside an approved planting 

scheme after 1 May 1998, except for Cyprus and Malta, for which the date shall be 

31 December 2001. 

I. 

Raw tobacco 

Where a farmer has received a tobacco premium payment, the amount to be included in 

the reference amount shall be calculated by multiplying the three-year average number 

of kilograms from which such a payment was granted, by the weighted three-year 

average aid amount granted per kilogram, taking into account the total quantity of raw 

tobacco of all variety groups and multiplied by a 0.4 coefficient.  Member States may 

decide to increase this coefficient. 

As from 2010 the coefficient shall be 0.5. 

 
 
 
 
 
 
 
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The number of hectares to be included in calculation of the single payment shall 

correspond to the area indicated in the registered cultivation contracts for which the 

premium payment has been granted, respectively, in each year of the reference period, 

and within the limits of a base area to be fixed by the Commission on the basis of the 

total area as communicated to the Commission in accordance with Annex I, 1.3 of 

Commission Regulation (EC) No 2636/1999 *******. 

Where the aid payments during the reference period have been affected by an 

application of the measures laid down in Article 50 of Regulation (EEC) No 2848/98, 

the calculation mentioned in the third subparagraph shall be adjusted as follows: 

– 

where the premium has been partly or totally reduced, the amounts of payment to 

be taken into account for the year concerned shall be equal to the amounts which 

would have been granted without the reduction, 

– 

where the production quota has been partly or totally reduced, the amounts of 

payment to be taken into account for the year concerned shall be equal to the 

premium amounts that would have been granted in the preceding year, without the 

reduction of the premium, provided that the production area indicated in the last 

cultivation contract was not used for the cultivation of a crop eligible under any 

other direct support scheme in the year concerned. 

 
 
 
 
 
 
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J. 

Hops 

Where a farmer has received hops area aid or temporary resting aid, Member States 

shall calculate the amounts to be included in the reference amount by multiplying the 

number of hectares, to two decimal places, for which a payment has been granted, 

respectively, in each year of the reference period, by an amount of EUR 480 per hectare. 

OJ L 291, 19.11.1979, p. 174. 
* 
OJ L, 191, 13.7.2001, p. 10. 
** 
*** 
OJ L 184, 13.7.2002, p. 5. 
****  OJ L 170, 9.7.2003, p. 8. 
*****  OJ L 262, 14.10.2003, p. 11. 
******  OJ L 210, 28.7.1998, p. 32. 
******* OJ L 323, 15.12.1999, p. 4."; 

 
 
 
 
 
 
 
 
 
 
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6)  Annex VIII shall be replaced by the following: 

"ANNEX VIII 

National ceilings referred to in Article 41 

Member State 

2005 

2006 

2007, 2008 and 2009 

2010 and 
subsequent years 

MIO EUR 

Belgium 

Denmark 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Luxembourg 

Netherlands 

Austria 

Portugal 

Finland 

Sweden 

411 

838 

4489 

837 

3244 

7199 

1 136 

2539 

27 

386 

613 

452 

467 

612 

413 

838 

4503 

1700 

4043 

7231 

1 136 

3112 

27 

386 

614 

493 

467 

612 

530 

996 

5492 

1722 

4241 

8091 

1322 

3464 

37 

779 

712 

559 

552 

729 

United Kingdom 

3 351 

3 351 

3869 

530 

996 

5496 

1760 

4253 

8099 

1 322 

3497 

37 

779 

712 

561 

552 

729 

3 869 

"; 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
96
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

7)  Annex VIIIA shall replaced by the following: 

"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 require to be reduced. 

Calendar 
year 

Czech 
Republic 

Estonia  Cyprus 

Latvia 

Lithuania Hungary  Malta 

Poland  Slovenia  Slovakia 

(millions of euro)

2005 

2006 

2007 

2008 

2009 

2010 

2011 

2012 

subsequent 
years 

228,8

266,7

343,6

429,2

514,9

600,5

686,2

771,8

857,5

23,4 

27,3 

40,4 

50,5 

60,5 

70,6 

80,7 

90,8 

100,9 

8,9

12,5

16,3

20,4

24,5

28,6

32,7

36,8

40,9

33,9

39,6

55,6

69,5

83,4

97,3

111,2

125,1

139,0

92,0

107,3

146,9

183,6

220,3

257,0

293,7

330,4

367,1

350,8

420,2

508,3

634,9

761,6

888,2

1 014,9

1 141,5

1 268,2

0,67

0,83

1,64

2,05

2,46

2,87

3,28

3,69

4,10

724,6 

881,7 

1 140,8 

1 425,9 

1 711,0 

1 996,1 

35,8 

41,9 

56,1 

70,1 

84,1 

98,1 

2 281,1 

112,1 

2 566,2 

126,1 

2 851,3 

140,2 

97,7

115,4

146,6

183,2

219,7

256,2

292,8

329,3

365,9

".