Commission Regulation (EC) No 1973/2004 of 29 October 2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials
Date: 2004-10-26
Institutions: European Commission
Subjects: agricultural product, aid system, common agricultural policy, fallow, land use, raw material

20.11.2004

EN

Official Journal of the European Union

L 345/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 1973/2004

of 29 October 2004

laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards
the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set
aside for the production of raw materials

CONTENTS

Chapter 1

Scope and general provisions . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 2

Specific quality premium for durum wheat . . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 3

Protein crop premium . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 4

Crop-specific payment for rice. . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 5

Area payment for nuts . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 6

Aid for starch potato . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 7

Dairy premium and additional payments . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 8

Aid for energy crops.. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 1

Definitions . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 2

Contract . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 3

Amendments and termination of contract. .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 4

Representative yields and quantities delivered . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 5

Condition of payment of the aid . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 6

Contract and obligations on applicants and first processors . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 7

Securities . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 8

Documents for sale in, transfer to or delivery to another member State or export . . . . . . . ..

Section 9

Checks. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 10

Exclusion from the scheme and evaluation.. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 9

Specific regional aid for arable crops . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 10

Seed aid . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 11

Arable crops area payment . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 1

General provisions for the eligibility for arable crops area payment . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 2

Special provisions covering certain arable crops . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

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Section 3

Base areas, reference yields and ceilings. . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 4

Set aside. . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 5

Communications . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 12

Sheep and goat premiums . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 1

Direct payments . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 2

Limits, Reserves and Transfers . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 3

Additional payments.. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 4

General provisions . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 13

Beef and veal payments . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 1

Special premium (Article 123 of Regulation (EC) No 1782/2003) . . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 2

Deseasonalisation premium (Article 124 of Regulation (EC) No 1782/2003) . . . . .. . . . . . . . ..

Section 3

Suckler cow premium (Articles 125 to 129 of Regulation (EC) No 1782/2003) .. . . . . . . . ..

Section 4

Provisions common to the special premium and the suckler cow premium . . . . . . .. . . . . . . . ..

Section 5

Slaughter premium (Article 130 of Regulation (EC) No 1782/2003) . . . . . .. . . . . . . . .. . . . . . . . ..

Section 6

Additional payments (Articles 133 to 136 of Regulation (EC) No 1782/2003) . . .. . . . . . . . ..

Section 7

General provisions . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 8

Transitional and final provisions . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 14

Single area payment scheme . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 15

Complementary national direct payments . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 16

Use of land set aside for the production of raw materials .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 1

Scope and definitions. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 2

Contract . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 3

Amendment and termination of contracts. .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 4

Representative yields and quantities delivered . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 5

Conditions of payment of the aid . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 6

Obligations on collectors and applicants. . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 7

Securities . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 8

Documents for sale in, transfer to, or delivery to another Member State or export . . . . . . ..

Section 9

Checks. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Section 10

Exclusion from the scheme and notifications . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 17

Hops area aid . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

Chapter 18

Final provisions . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . ..

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20.11.2004

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Official Journal of the European Union

L 345/3

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

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,

Having regard to Council Regulation (EC) No 1782/2003 of
29 September 2003 establishing common rules for direct
support schemes under the common agricultural policy and
establishing certain support schemes for farmers and amending
Regulations (EEC) No 2019/93,
(EC)
1868/94,
No
(EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000,
(EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particu-
lar Article 110 and Article 145(c), (d), (e) and (f) thereof,

(EC) No 1452/2001,

1453/2001,

1454/2001,

(EC) No

(EC)

Whereas:

(1)

for

schemes

Titles IV and IVa of Regulation (EC) No 1782/2003
establish certain support
farmers. The
these schemes have
implementing rules of some of
already been laid down by the following acts: Commis-
sion Regulation (EEC) No 1686/72 of 2 August 1972 on
certain detailed rules for aid for seed (2), Commission
Regulation (EEC) No 1445/76 of 22 June 1976 speci-
fying the different varieties of Lolium perenne L. (3),
Commission Regulation (EC) No 1644/96 of 30 July
1996 laying down detailed rules for the grant of aid for
certain grain legumes (4), Commission Regulation (EC)
No 609/1999 of 19 March 1999 laying down detailed
rules for granting aid to hop producers (5); Commission
Regulation (EC) No 2316/1999 of 22 October 1999
laying down detailed rules for the application of Council
Regulation (EC) No 1251/1999 establishing a support
system for producers of certain arable crops (6), Commis-
sion Regulation (EC) No 2342/1999 of 28 October
1999 laying down detailed rules for the application of
Council Regulation (EC) No 1254/1999 on the common
organisation of the market in beef and veal as regards
premium schemes (7), Commission Regulation (EC)
No 2461/1999 of 19 November 1999 laying down

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 864/2004 (OJ L 161, 30.4.2004, p. 48).

(2) OJ L 177, 4.8.1972, p. 26. Regulation as last amended by Regu-

lation (EC) No 323/2004 (OJ L 58, 26.2.2004, p. 14).

(3) OJ L 161, 23.6.1976, p. 10. Regulation as last amended by Regu-

lation (EC) No 1252/2001 (OJ L 173, 27.6.2001, p. 27).

(4) OJ L 207, 17.8.1996, p. 1.
(5) OJ L 75, 20.3.1999, p. 20.
(6) OJ L 280, 30.10.1999, p. 43. Regulation as last amended by Regu-

lation (EC) No 206/2004 (OJ L 34, 6.2.2004, p. 33).

(7) OJ L 281, 4.11.1999, p. 30. Regulation as last amended by Regu-

lation (EC) No 1777/2004 (OJ L 316, 15.10.2004, p. 66).

the market

detailed rules for the application of Council Regulation
(EC) No 1251/1999 as regards the use of land set aside
for the production of raw materials (8), Commission
Regulation (EC) No 2550/2001 of 21 December 2001
laying down detailed rules for the application of Council
Regulation (EC) No 2529/2001 on the common organi-
sation of
in sheepmeat and goatmeat as
regards premium schemes and amending Regulation
(EC) No 2419/2001 (9), Commission Regulation (EC)
No 2199/2003 of 16 December 2003 laying down tran-
sitional measures for the application in respect of the
year 2004 of Council Regulation (EC) No 1259/1999 as
regards the single area payment scheme for the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia (10), Commission
Regulation (EC) No 2237/2003 of 23 December 2003
laying down detailed rules for the application of the
support schemes provided for in Title IV of Council
Regulation (EC) No 1782/2003 establishing common
rules for direct support schemes under the common
agricultural policy and establishing certain support
schemes for farmers (11).
In the interests of clarity of
Community legislation, it is appropriate to repeal those
acts and replace them by one Regulation laying down
the implementing rules for all those schemes, applicable
from 1 January 2005.

(2)

In order to ensure the efficient administration of those
schemes,
the area payments should be restricted to
certain areas and conditions should be specified.

(3)

(4)

Malta has a very large number of small farms, less than
0.3 hectare in size. To avoid many farmers in Malta
being disqualified from the area based direct payments,
the minimum size of application to area based direct
payments in Malta should be fixed at 0.1 ha and, for the
years 2005 and 2006, Malta should be allowed to dero-
gate from Article 107(9) of Regulation (EC) No 1782/
2003.

The sowing of land for the sole purpose of qualifying for
area payments should be prevented. Certain conditions
relating to the sowing and cultivation of crops should be
specified, in particular as regards durum wheat, protein
plants and rice. Local standards should be respected in
the diversity of agricultural practice
order to reflect
within the Community.

(8) OJ L 299, 20.11.1999, p. 16. Regulation as last amended by Regu-

lation (EC) No 345/2002 (OJ L 55, 26.2.2002, p. 10).

(9) OJ L 341, 22.12.2001, p. 105. Regulation as last amended by

Regulation (EC) No 920/2004 (OJ L 163, 30.4.2004, p. 92).

(10) OJ L 328, 17.12.2003, p. 21. Regulation as last amended by Regu-

lation (EC) No 1766/2004 (OJ L 315, 14.10.2004, p. 27)

(11) OJ L 339, 24.12.2003, p. 52.

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(5)

(6)

(7)

(8)

(9)

(10)

(11)

Only one application for an area payment should be
permitted in respect of any parcel cultivated in a given
year except in cases where the area payment is given as
a supplement to the same crop or the aid concerns the
production of seeds. Area payments may be granted on
crops subsidised under a scheme falling within the
Community's structural or environmental policies.

Supports schemes based on area aid provide that where
the area for which aid is claimed exceeds the maximum
guaranteed area or base areas or sub-base areas, the area
per farmer for which aid is claimed is to be reduced
proportionately in that year. It is therefore appropriate
to establish the modalities and deadlines
the
exchange of information between the Commission and
the Member States in order to establish the coefficient of
reduction and to inform the Commission of the areas for
which the aid has been paid. The same provisions
should apply for the reduction of the total amount of
individual reference quantities in the event of application
of Article 95(4) of Regulation (EC) No 1782/2003.

for

Under Article 73 of Regulation (EC) No 1782/2003, the
the specific quality premium for durum
granting of
wheat is subject to the use of certain quantities of certi-
fied seeds of varieties recognised,
in the production
zone, as being of high quality for the production of
semolina or pasta. In order to ensure that those require-
ments are respected, the criteria for the variety screening
method in each Member State should be fixed and the
procedure for the establishment of the eligible varieties
list as well as the minimum quantity of certified seeds to
be used should be fixed.

The short time between the adoption of Regulation (EC)
No 1782/2003 and the entry into force of the specific
quality premium for durum wheat makes it impossible
to establish a list of eligible varieties for the granting of
the aid in the year 2005 according to the envisaged
screening method. It is therefore necessary for Member
States to establish a transitional list based on a selection
of current varieties.

In some regions, the protein crops are traditionally sown
in a mixture with cereals for agronomical reasons. The
resulting crop principally consists of protein crops. For
the purpose of granting the protein crop premium, the
areas thus sown should therefore be considered as areas
of protein crops.

for

sweet

Standards
to determine
whether or not a sample of lupins is sweet should be
laid down.

lupins and tests

In the interest of efficiency and good management of the
aid scheme for nuts, the area aid granted should not be
used to finance marginal plantations or isolated trees. A
minimum plot size and a minimum tree density of a
specialised orchard should therefore be defined. In order

(12)

(13)

(14)

to facilitate the transition between the existing improve-
ment plans which expire later than the introduction of
the new aid scheme, it is appropriate to provide for tran-
sitional measures.

The terms of payment as well as the crop specific
payment for rice calculation depend not only on the
base area or areas fixed for each producing Member
State fixed by Regulation (EC) No 1782/2003, but also
on the possible subdivision of those base areas into sub-
base areas and on the objective criteria chosen by each
Member State to perform this subdivision, on conditions
in which the cultivated parcels are put into cultivation
and on the minimum size of the base areas. As a conse-
quence, detailed rules should be laid down for the estab-
lishment, the management and the cultivation modalities
applicable to base areas and sub-base areas.

The observation of a possible overrun of the base area
referred to in Article 82 of Regulation (EC) No 1782/
2003 implies a reduction of the crop-specific payment
for rice. In order to set the calculation modalities for
such a reduction, the criteria to be taken into considera-
tion as well as applicable coefficients should be defined.

The follow-up of
the crop specific
the payments of
payment for rice presumes that the Commission has
been forwarded certain information related to the culti-
vation of base areas and sub-base areas. For
that
purpose,
the Member
the detailed information that
States should communicate to the Commission as well
as the deadlines for such communications should be
determined.

(15) Articles 93 and 94 of Regulation (EC) No 1782/2003
provide for an aid to farmers producing potatoes
intended for the manufacture of potato starch subject to
a cultivation contract and within the quota limit estab-
lished by Council Regulation (EC) No 1868/94 of 27 July
1994 establishing a quota system in relation to the
production of potato starch (1). The conditions for the
granting of the aid should therefore be established and,
where applicable, cross references should be made to the
existing provisions
system
concerning
provided for in Regulation (EC) No 1868/94.

quota

the

(16) Articles 95 and 96 of Regulation (EC) No 1782/2003
provide that the dairy premium and additional payment
are paid to producers. Council Regulation (EC) No 1788/
2003 of 29 September 2003 establishing a levy in the
milk and milk products sector (2) provides for specific
provisions in case of inactivity. It is therefore appro-
priate to provide, when a natural or legal person holding
an individual reference quantity no longer meets the
conditions referred to in Article 5(c) of Regulation (EC)
No 1788/2003 during
twelve-month period
preceding 31 March of the year concerned, for an exclu-
sion from the benefit of the premium and payment.

the

(1) OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regu-

lation (EC) No 1782/2003.
(2) OJ L 270, 21.10.2003, p. 123.

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(17) Articles 88 to 92 of Regulation (EC) No 1782/2003
provide for a new aid scheme for energy crops to be
granted to farmers.
In line with Regulation (EC)
No 2461/1999, which excludes sugarbeet from the aid,
the cultivation of sugarbeet should be excluded from the
aid scheme for energy crops.

(18)

(19)

The terms of eligibility for that aid should be laid down.
For that purpose, it should be laid down that a contract
must be concluded between the producer and the first
processor with respect to the agricultural raw materials
concerned. The conditions where processing is carried
out by the farmer on the holding should also be defined.

is processed into the
To ensure that the raw material
specified energy product, first processors should lodge a
security, despite the fact that the aid is granted not to
first processors but to farmers. The security should be
high enough to prevent any risk that the raw materials
are ultimately diverted from their destination. In addi-
tion, in order to make the control system for the scheme
effective, sales of raw materials and of semi-processed
products should be limited to a maximum of two before
final processing.

(20) An explicit distinction should be made between the
applicant's obligations, which end once the total quantity
of raw material harvested is delivered, and the obliga-
tions incumbent on first processors, which commence
on delivery and end with the final processing of the raw
materials into energy products.

(21)

Certain transport operations within Community territory
involving raw materials and products derived therefrom
should be subject to controls entailing the use of T5
control copies to be issued in accordance with Commis-
sion Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Com-
munity Customs Code (1). Provision should be made for
alternative evidence should the T5 control copy be lost
as a result of circumstances for which the first processor
is not responsible.

(22) Article 98 of Regulation (EC) No 1782/2003 provides
for a reduction of the specific regional aid for arable
crops when the total amount of aid claimed exceeds the
fixed ceiling. The modalities for the calculation of the
reduction coefficient should therefore be established.

(23) Article 99 of Regulation (EC) No 1782/2003 provides
for the possibility of direct aid being granted for the
production of one or more seed species.

(24)

That aid may be granted only for the production of
basic seed or certified seed and these products should be

clearly defined by reference to the Directives on certifica-
tion and marketing of
seeds: Council Directive
66/401/EEC of 14 June 1966 on the marketing of
fodder plant seed (2), Council Directive 66/402/EEC of
14 June 1966 on the marketing of cereal seed (3), and
Council Directive 2002/57/EC of 13 June 2002 on the
marketing of seed of oil and fibre plants (4).

(25)

To make controls possible, basic seed and certified seed
should be produced under growing contracts or growing
declarations which will be joined to the single applica-
tion and seed establishments and breeders should be offi-
cially approved or registered. The necessary measures
should be laid down for cases where a seed establish-
ment or a breeder from one Member State grows seed in
another Member State.

(26)

For administrative reasons, aid should, in each Member
State, be granted only in respect of products harvested
on the territory of that Member State.

(27) Under Annex XI

to Regulation (EC) No 1782/2003,
production aid is payable for basic and certified seed of
varieties of Cannabis sativa L. with a tetrahydrocanna-
binol content not exceeding 0.2 %. In order to ensure
uniform application throughout the Community of the
rules for granting the aid, the list of the varieties of
Cannabis sativa L. eligible for aid set up in Annex II to
Commission Regulation (EC) No 796/2004 of 21 April
2004 laying down detailed rules for the implementation
of cross-compliance, modulation and the integrated
administration and control system provided for in of
Council Regulation (EC) No 1782/2003 establishing
common rules for direct support schemes under the
common agricultural policy and establishing certain
support schemes for farmers (5) should be used for that
purpose.

(28) Article 108 of Regulation (EC) No 1782/2003 defines
the land that is eligible for arable crops area payments.
That Article authorises certain exceptions under the
control of the Member States which do not undermine
the effectiveness of the arrangements laid down in that
In order to avoid any such risk, suitable
Regulation.
measures should be laid down to keep the total area of
eligible land at the current level and to prevent any
appreciable increase therein. Those measures may in
certain cases involve deeming previously eligible areas
ineligible as an offsetting measure.

(2) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by

Directive 2004/55/EC (OJ L 114, 21.4.2004, p. 18).

(3) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by

Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

(4) OJ L 193, 20.7.2002, p. 74. Directive as last amended by Directive

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

2003/61/EC .

(5) OJ L 141, 30.4.2004, p. 18.

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(29) Member States where maize is not a traditional crop
may make silage grass eligible for the arable crops area
payments. Accordingly, it is necessary to define what is
meant by silage grass.

(34)

For the purpose of Article 103 of Regulation (EC)
No 1782/2003, what is meant by irrigation should be
defined.

(30) Article 106 of Regulation (EC) No 1782/2003 subjects
the area payment for flax and hemp grown for fibre to
the conclusion of a contract or to a commitment as
referred to in Article 2(1) of Council Regulation (EC)
No 1673/2000 of 27 July 2000 on the common organi-
sation of
the markets in flax and hemp grown for
fibre (1). Provision should be made for a copy of the
contract or the commitment to be sent to the competent
the Member State responsible for the
authorities of
administration of payment applications. It should also be
ensured that the varieties of flax and hemp grown for
fibre are those listed in the Common Catalogue of Vari-
eties of Agricultural Plant Species as fibre plants and, in
the case of flax in particular, as ‘fibre flax’ Moreover, in
the case of hemp, the tetrahydrocannabinol content of
the authorised varieties may not exceed 0.2 %. A list of
eligible varieties for flax should therefore be drawn up,
the eligible varieties for hemp being listed in Annex II to
Regulation (EC) No 796/2004. To provide firmer guar-
antees in the case of hemp, the use of certified seed
should also be required.

(35)

(36)

(31) Article 109 of Regulation (EC) No 1782/2003 requires
producers of cereals, oilseeds and protein plants to
complete sowing by 31 May at the latest. In certain
cases, sowing may be put off until after 31 May because
of the climate. The deadline for sowing and for submit-
ting applications should be extended for certain crops in
certain regions. However, such extensions should not
adversely affect the effectiveness of the support system
or undermine the control system introduced by Chapter
4 of Title II of Regulation (EC) No 1782/2003.

(32)

In order to ensure that the processing industry receives
regular supplies of sweetcorn throughout the marketing
year, producers should be able to spread their sowings
over a longer period. The final date for sowing sweet-
corn should therefore be deferred to 15 June.

(33)

It is appropriate to provide that a minimum quantity of
certified durum wheat seed is to be used in the case of
the durum wheat supplement and special aid. In view of
the diversity of agricultural practice within the Member
States and within regions thereof,
the setting of the
minimum quantity should be left to the Member States
concerned.

(1) OJ L 193, 29.7.2000, p. 16. Regulation as last amended by Regu-

lation (EC) No 393/2004 (OJ L 65, 3.3.2004, p. 4).

The areas to be taken into account with a view to asses-
sing any overshoot in the base area and the rules for
determining the extent of such overshoots should be
specified. Where a separate base area is established for
maize, irrigated areas or silage grass, special rules should
be laid down as regards the areas to be taken into
account with a view to calculating any overshoot in the
base area in question. The rules for determining any
overshoot in the base area should ensure that the base
area is complied with in all cases. The way the overshoot
is to be calculated in respect of the maximum guaran-
teed areas for durum wheat should also be specified. The
procedure to be followed for establishing overshoot of
the ceiling of the payments referred to in Article 102(2)
of Regulation (EC) No 1782/2003 should also be speci-
fied.

In the event of application of Article 71 of Regulation
(EC) No 1782/2003, eligibility for arable crops area
payments is conditional on an obligation on the produ-
cers concerned to set aside part of the area on their
holdings. Detailed implementing
capable of
ensuring that the scheme has the necessary effectiveness
should be laid down. To that end, provision should be
made for the areas counting as set-aside to be compar-
able with those counting for the purposes of calculating
the regional base area. The legume crops referred to in
the second indent of Article 107(3) of Regulation (EC)
No 1782/2003 should be defined.

rules

(37) Under Article 107(6) and in the event of application of
Article 66 of Regulation (EC) No 1782/2003, detailed
rules should be established regarding land voluntarily
set-aside. Those rules should be consistent with the
overall system introduced by Regulation (EC) No 1782/
2003.

(38)

The criteria for eligibility for sheep and goat premiums
provided for in Chapter 11 of Title IV of Regulation (EC)
No 1782/2003,
conditions
and in particular
required, need to be laid down.

the

(39) Article 113(2) of Regulation (EC) No 1782/2003
provides for the granting of a premium to goatmeat
farmers in certain areas of the Community. The areas in
question should therefore be determined in accordance
with the criteria laid down in that provision.

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(40) Under Article 114(1) of Regulation (EC) No 1782/2003
farmers whose holdings have at least 50 % of their area
used for agriculture situated in less-favoured areas may
qualify for a supplementary premium. Article 113(2)
makes
reference to the specific geographical zones
where goatmeat farmers meet the necessary conditions
to qualify for the goat premium. Provisions should be
made for a declaration to be provided by farmers
meeting those criteria to prove that at least half of the
land they are using for agricultural production is located
in less-favoured areas or in areas which qualify for the
goat premium.

(47)

Provision should be made for the administrative docu-
ment laid down in Article 123(3)(b) of Regulation (EC)
No 1782/2003 to be drawn up and issued at national
level. In order to take account of particular administra-
tive and control conditions
in the Member States,
different forms of administrative document should be
allowed.

(48) Article 123(3)(a) and Article 130(1) of Regulation (EC)
No 1782/2003 lay down a retention period as a condi-
tion for granting the special premium and the slaughter
premium. It is therefore necessary to define and quantify
that period.

(41)

For the purpose of control on eligibility for the correct
level of ewe premium, Member States should draw up
farmers marketing sheep's milk or
an inventory of
sheep's milk products.

(49)

(42) With a view to implementing the system of individual
limits as introduced by Articles 116, 117 and 118 of
Regulation (EC) No 1782/2003, the existing administra-
tive rules may continue to be applied as regards, in par-
ticular, the use of rights granted free of charge, the use
of normal rights including minimum use, the temporary
leasing and transfer of rights, the notification of changes
on individual ceiling and the transfer of rights through
the national reserve. Some of those rules are specific
provisions for exceptional and duly justified circum-
stances such as, regarding the use of rights, the small
farmers and farmers participating in extensification
programs and early retirement schemes, and, for the
transfer purpose, the inheritance of premiums rights and
the case of farmers using only publicly or collectively
owned land for grazing.

(43)

The Commission is to monitor the new arrangements
and as a result it needs to be properly provided by the
Member States with the essential information regarding
the implementation of the premium rules.

(44)

If applicable, detailed information on the national rules
on, and the implementation of, the additional payments
should be forwarded to the Commission.

(45)

(46)

Title IV Chapter 12 of Regulation (EC) No 1782/2003
provides for beef and veal payments. The criteria for
eligibility, and in particular the conditions required for
those payments, need to be laid down.

The objectives of the regional ceiling and of the stocking
density dictate that the special premium may no longer
be applied for in respect of the same age bracket for
those animals affected by the application of these two
measures. For the purposes of
the deseasonalisation
premium,
those animals should be deemed to have
qualified for the special premium.

The arrangements for granting the special premium at
the time of slaughter should be consistent with the
arrangements for granting the slaughter premium. The
types of documents which are to accompany the animal
until slaughter dispatch or export should be specified. In
order to take account of the specific features of the form
of granting at the time of slaughter, the age conditions
for steers and the method of presentation of the carcase
for adult bovine animals should be laid down.

(50)

(51)

(52)

(53)

conditions

for granting

The
the deseasonalisation
premium should be laid down, in accordance with the
arrangements for granting the slaughter premium. The
Commission should determine, on the basis of available
information, which Member States meet the conditions
for applying this premium scheme.

The concept of suckler cow laid down in Article 125 of
Regulation (EC) No 1782/2003 should be defined. In
that respect, the same breeds should be kept as those
under Regulation (EC) No 2342/1999. Moreover, the
existing essential
requirements may continue to be
applied, in particular as regards the average milk yield
and the additional national premium.

The existing administrative rules may continue to be
applied as regards in particular the individual ceilings,
the notifications on the individual ceilings and the
national reserve, the rights obtained free of charge, the
use of rights,
the transfer and temporary leasing of
rights, the transfers through the national reserve.

The Commission should determine, on the basis of avail-
able information, which Member States meet the condi-
tions for applying the special scheme laid down in
Article 129 of Regulation (EC) No 1782/2003. The
special arrangements for granting the premium should
be specified.

(54)

The method for calculating the stocking density should
be determined. A date should be laid down for taking
the milk reference quantity into consideration.

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(55)

(56)

(57)

The stocking density for the extensification payment
scheme should include all bovine animals aged six
months and over present on the holding. Special rules
are therefore required for counting animals and for the
producer's statement of participation in the scheme.
Provision should be made for using the computerised
database referred to in Regulation (EC) No 1760/2000
of the European Parliament and of the Council of 17 July
2000 establishing a system for the identification and
registration of bovine animals and regarding the labelling
of beef and beef products and repealing Council Regu-
lation (EC) No 820/97 (1).

Steps should be taken to ensure that the extensification
payment
is not granted to farmers who artificially
comply with the average stocking rates required for the
grant of the extensification payment.

The procedures for determining, on the basis of available
information, which Member States meet the conditions
in Article 132(4) of Regulation (EC) No 1782/2003 for
granting the extensification payment
to dairy cows
should be laid down. The special arrangements for
granting the premium should be specified. A minimum
retention period should be laid down.

(58)

Specific provisions should be laid down as regards the
application of the rules on periods, dates and time limits
to the retention period.

(59)

(60)

In the interests of simplification, the ‘livestock’ aid appli-
cation provided for in the integrated system should be
the
taken to represent
slaughter
premium, provided that
the elements
needed to justify payment of the premium and that the
animal is slaughtered in the same Member State or in
another Member State, or exported.

application for

it contains all

It should be possible to use the computerised database
referred to in Regulation (EC) No 1760/2000 to facilitate
the management of the slaughter premium, on condition
that the Member State concerned considers that the data-
base offers adequate assurances as to the accuracy of the
data it contains for the purposes of the payment of
premiums.

(61)

The slaughter premium for calves is conditional on a
maximum weight
limit. A standard type of carcase
presentation should therefore be laid down, to which
this maximum weight applies.

(62) Detailed information on the national rules on and imple-
should be

additional payments

mentation of
forwarded to the Commission.

the

(1) OJ L 204, 11.8.2000, p. 1. Regulation as amended by the Act of

Accession of 2003.

(63)

(64)

(65)

To ensure that farmers receive payments as quickly as
possible, provision should be made
for granting
advances. However,
in view of the application of the
national or regional ceilings, steps should be taken to
ensure that the advance does not exceed the definitive
payment. Provision should therefore be made to allow
Member States to reduce the percentage of the advance
for the premium schemes subject to those ceilings.

Regulation (EC) No 1782/2003 lays down penalties for
the illegal use or holding of substances or products not
authorised by the relevant veterinary legislation. In the
case of repeated infringements, determination of
the
duration of penalties should be left
to the Member
States, which are better placed to judge the true gravity
of the offence committed.

It is necessary to fix the date determining the elements
to be taken into consideration for the application of the
special premium and suckler cow premium schemes. In
order to ensure sound and consistent administration,
that date should, as a general rule, be the date of the
submission of applications. However, with respect to the
special premium paid on slaughter, special rules should
be laid down in order to avoid carry-overs from one
year to the next with a view to obtaining a higher
premium. As regards the slaughter premium, the date of
slaughter or of export is a better indication of whether
the operations concerned have actually been carried out.

(66)

The exchange rate applicable on the date of the opera-
tive event for the premiums should be fixed in such a
way as to ensure in principle that such premiums do not
undergo any sharp fluctuations on conversion into
national currency due to the exchange rate on a single
date.

(67)

Provision should be made for the Member States to be
subject to certain notification obligations. To facilitate
the transmission and analysis of the data, a consistent
format for submitting that data should be laid down.

(68)

In order to facilitate the change to the new scheme, tran-
sitional provisions are needed for the obligation to mark
and identify animals.

(69) Article 143b of Regulation (EC) No 1782/2003 allows
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia (the new
Member States) to replace the direct payments with a
single payment (‘the single area payment scheme’). The
Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Poland and Slovakia have made that choice.
Therefore detailed rules for the application of the single
area payment scheme should be laid down.

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(70)

(71)

In accordance with the second subparagraph of Article
143b(5) of Regulation (EC) No 1782/2003 and in order
to avoid managing numerous applications that would
entail payments per holding lower than EUR 50, the
Czech Republic, Estonia, Latvia, Lithuania, Hungary,
Poland and Slovakia have requested the authorisation to
set the minimum size of eligible area par holding at a
level higher than 0.3 ha.

(77)

To ensure that the raw material
is processed into the
specified end product, collectors or first processors must
lodge a security, even though the aid is granted to
farmers. In addition, to make the control system for the
scheme effective, the number of processors should be
limited.

The Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Poland and Slovakia have estimated the part of
their utilised agricultural area which has been main-
tained in good agricultural condition on 30 June 2003
and have proposed to adjust it in accordance with the
minimum size of eligible area per holding.

(78) A clear distinction must be made between the applicant's
obligations, which end once the total quantity of raw
material harvested is delivered, and the obligations,
including the requirement concerning securities, incum-
bent on collectors and first processors, which commence
on delivery and end with the final processing of the raw
materials into end products.

(72) Article 143c of Regulation (EC) No 1782/2003 provides
for the possibility in the new Member States of comple-
menting direct aid paid to a farmer, subject to authorisa-
tion by the Commission. The general modalities for
implementing this possibility should be established.

(79)

(73) Article 55(b) and the first indent of Article 107(3) of
Regulation (EC) No 1782/2003 provide for exemption
from set-aside if the land is used for producing materials
for the manufacture within the Community of products
not primarily intended for human or animal consump-
tion, provided that effective control systems are applied.

(74)

(75)

(76)

Jerusalem artichokes or
The cultivation of sugarbeet,
chicory roots on land set aside should not be ruled out
under certain conditions. Such crops cannot qualify for
area payments in view of the risk of affecting the market
in sugar. Care should nonetheless be taken to ensure
that such crops comply with the rules governing the use
of set-aside land.

The terms of eligibility for this scheme must be laid
down. To this end it should be laid down that a contract
must be concluded between the producer and the
collector or first processor with respect
to the agri-
cultural raw materials concerned. Conditions should also
be laid down for cases where processing is carried out
by the farmer on the holding.

To guarantee conformity with point 7 of the Memor-
andum of understanding on certain oil seeds between
the European Economic Community and the United
States of America within the framework of the GATT,
approved by Council Decision 93/355/EC (1), detailed
implementing rules must be laid down to reduce, where
necessary, the quantity of by-products which may be
produced for human or animal consumption if the total
quantity of those by-products exceeds 1 million metric
tonnes annually, expressed in soya bean meal equiva-
lents.

(1) OJ L 147, 18.6.1993, p. 25.

Certain transport operations within Community territory
involving raw materials and products derived therefrom
should be subject to controls entailing the use of declara-
tions and T5 control copies to be issued in accordance
with Regulation (EEC) No 2454/93. Provision should be
made for alternative evidence if the T5 control copy is
not returned to the competent authorities of the collec-
tors or first processors as a result of circumstances for
which they are not responsible. In the interest of effi-
ciency and good management of the aid scheme, provi-
sions should be laid down to govern checks.

(80) Apart from the eligibility criteria laid down in Article
110o of Regulation (EC) No 1782/2003 for the hops
area aid, some additional criteria should be established
in order to en ensure that the aid if granted to areas on
which hops is cultivated under normal cultivation condi-
tions. The concept of an area ‘planted with hops’ should
be defined at Community level so as to ensure that the
areas for which the additional payment is made are
calculated in the same way. It is necessary to lay down
the way in which the total sum per Member State avail-
able for the additional payments is distributed over the
eligible areas.

(81) A time limit should be set for committing the payment
in respect of the measures listed in Article 7(1) (a) to (d)
of Council Regulation (EEC) No 1696/71 of 26 July
1971 on the common organisation of the market in
hops (2) by the recognised hop producer groups and the
the way the
Commission should be informed about
payment has been used. Any amount not committed
within a certain time period should be paid back. It is
necessary to lay down the way in which the total sum
per Member State available for the payment to recog-
nised hop producer groups is distributed.

(2) 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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(82)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Direct Payments,

2.
This Regulation lays down detailed rules as regards the
use of land set aside for the production of raw materials under
the single payment scheme provided for in Title III of Regu-
lation (EC) No 1782/2003 and under arable crops area
payment provided for in Title IV Chapter 10 of that Regu-
lation.

HAS ADOPTED THIS REGULATION:

CHAPTER 1

SCOPE AND GENERAL PROVISIONS

Article 1

Subject matter and scope

1.
This Regulation lays down detailed rules for the imple-
mentation of the following supports schemes provided for in
Titles IV and IVa of Regulation (EC) No 1782/2003:

(a) specific quality premium for durum wheat provided for in

Title IV Chapter 1 of that Regulation;

(b) protein crop premium provided for in Title IV Chapter 2

of that Regulation;

(c) crop-specific payment for rice provided for in Title IV

Chapter 3 of that Regulation;

(d) area payment for nuts provided for in Title IV Chapter 4

of that Regulation;

(e) aid for energy crops provided for in Title IV Chapter 5 of

that Regulation;

(f) aid for starch potato provided for in Title IV Chapter 6 of

that Regulation;

(g) dairy premium and additional payments provided for in

Title IV Chapter 7 of that Regulation;

(h) specific regional aid for arable crops provided for in Title

IV Chapter 8 of that Regulation;

(i) seed aid provided for in Title IV Chapter 9 of that Regu-

lation;

(j) arable crops area payment provided for in Title IV Chapter

10 of that Regulation;

(k) sheep and goat premiums provided for in Title IV Chapter

11 of that Regulation;

Article 2

Conditions for the payment

1.
The direct payments referred to in Article 1(a), (b), (c), (e),
(h), (i), (j), (m) and (p) shall be granted only for the areas, per
each type of crop, which have been the subject of application
in respect of at least 0.3 hectare, where each cultivated parcel
exceeds the minimum size set by the Member State within the
limit provided for in Article 14(4) of Regulation (EC) No 796/
2004.

In the case of Malta, the direct payments referred to in Article
1(a), (b), (c), (e), (h), (i), (j), (m) and (p) shall be granted only for
the areas, per each type of crop, which have been the subject
of application in respect of at least 0.1 hectare, where each
cultivated parcel exceeds the minimum size set by the Member
State within the limit provided for in Article 14(4) of Regu-
lation (EC) No 796/2004.

2.
The direct payment referred to in Article 1(a), (b), (c), (h)
and (j) shall be granted only for the areas entirely sown and on
which all normal cultivation conditions have been performed
in accordance with local standards.

in the case of

However,
the specific quality premium for
durum wheat provided for in Title IV Chapter 1 of Regulation
(EC) No 1782/2003 and of arable crops payment provided for
in Title IV Chapter 10 of that Regulation, crops grown on areas
which are fully sown and which are cultivated in accordance
with local standards, but which do not attain the stage of flow-
ering as a result of exceptional weather conditions recognised
by the Member State concerned, shall remain eligible for aid
provided that the areas in question are not used for any other
purpose up to this growing stage.

In a given year, no more than one application for an area
3.
payment under a scheme financed pursuant to Article 1(2)(b)
of Council Regulation (EC) No 1258/1999 (1) may be made in
respect of any cultivated parcel.

(l) beef and veal payments provided for in Title IV Chapter

12 of that Regulation;

However:

(m) grain legumes aid provided for in Title IV Chapter 13 of

that Regulation;

(n) single area payment scheme provided for in Article 143b

of that Regulation;

(o) complementary national direct payments provided for in

Article 143c of that Regulation;

(a) any cultivated parcel which is covered in respect of the
same year by an application for specific quality premium
for durum wheat provided for in Title IV Chapter 1 of
Regulation (EC) No 1782/2003 or protein crop premium
provided for in Title IV Chapter 2 of that Regulation may
be the subject of an application for arable crops payments
provided for in Title IV Chapter 10 of Regulation (EC)
No 1782/2003;

(p) hops area aid provided for in Title IV Chapter 10d of that

Regulation.

(1) OJ L 160, 26.6.1999, p. 103.

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(b) any cultivated parcel which is covered in respect of the
same year by an application for crop-specific payment for
rice provided for in Title IV Chapter 3 of Regulation (EC)
No 1782/2003 or protein crop premium provided for in
Title IV Chapter 2 of that Regulation may be the subject of
an application for seed aid provided for in Title IV Chapter
9 of Regulation (EC) No 1782/2003;

(c) any cultivated parcel which is covered in respect of the
same year by an application for aid for energy crops
provided for in Title IV Chapter 5 of Regulation (EC)
No 1782/2003 may be the subject of an application for
arable crops area payment provided for in Title IV Chapter
10 of Regulation (EC) No 1782/2003, without prejudice to
the second subparagraph of Article 90 of Regulation (EC)
No 1782/2003, or may be the subject of an application for
crop specific payment for rice provided for in Title IV
Chapter 3 of Regulation (EC) No 1782/2003;

(d) any cultivated parcel which is covered in respect of the
same year by an application for arable crops payments
referred to in Title IV Chapter 10 of Regulation (EC)
No 1782/2003 may be the subject of an application for
seed aid provided for in Title IV Chapter 9 of Regulation
(EC) No 1782/2003.

4.
Land used to produce raw materials referred to in Article
55 (b) and in the first indent of Article 107 (3) of Regulation
(EC) No 1782/2003 or cultivated under the energy crop aid
provided for in Title IV Chapter 5 of that Regulation shall not
be eligible for Community aid provided for in Title II Chapter
VIII of Council Regulation (EC) No 1257/1999 (1), with the
exception of support granted in respect of the costs of planting
fast-growing species as provided for
in the second sub-
paragraph of Article 31(3) of that Regulation.

(a) by 15 September of the year concerned at the latest: the
available data on the areas, or the quantities in the case of
the dairy premium and additional payment provided for in
Articles 95 and 96 of Regulation (EC) No 1782/2003, for
which the aid has been claimed for that calendar year,
where the case may be subdivided by sub-base area;

(b) by 31 October of the year concerned at the latest: definitive
data on the areas or quantities referred in point (a), taking
into account checks already carried out;

(c) by 31 July of the following year at the latest: the final data
corresponding to the areas or quantities for which the aid
has actually been paid for the year concerned, after, where
applicable, the deduction of the reductions in area provided
for in Title IV Chapter 1 of Regulation (EC) No 796/2004.

The areas shall be expressed in hectares to two decimal places.
The quantities shall be expressed in tonnes to three decimal
places.

Article 4

Coefficient of reduction

1.
The coefficient of reduction of area in the case referred to
in Articles 75, 78(2), 82, 85, 89(2), 98, 143 and 143b(7) of
Regulation (EC) No 1782/2003 or of the quantities and the
objective criteria in the case referred to in Article 95(4) of that
Regulation shall be fixed at the latest by 15 November of the
year concerned on the basis of the data communicated in
accordance with Article 3(b) of this Regulation.

Raw materials referred to in Article 55 point b) and 107 (3)
first indent of Regulation (EC) No 1782/2003 grown on land
set aside and intermediate products, end products, co-products
and by-products derived therefrom shall not be eligible for any
financing by the Guarantee Section of
the European Agri-
cultural Guidance and Guarantee Fund pursuant to Article 1(2)
point a) and b) of Regulation (EC) No 1258/1999.

2.
In the cases referred to in Article 75, Article 82, Article
85, Article 95(4), Article 98, Article 143 and Article 143b(7)
of Regulation (EC) No 1782/2003, the Member States shall
communicate to the Commission, by 1 December of the year
concerned at the latest, the coefficient of reduction applied and,
in the case referred to in Article 95(4) of that Regulation, the
objective criteria applied.

5.
For the purpose of the protein crop premium provided
for in Title IV Chapter 2 of Regulation (EC) No 1782/2003 and
arable crops area payment provided for in Title IV Chapter 10
of that Regulation, ‘sweet lupins’ shall means those varieties of
lupins producing seed comprising not more than 5 % bitter
seeds. The bitter seed content shall be calculated in accordance
with the test set out in Annex I to this Regulation.

CHAPTER 2

SPECIFIC QUALITY PREMIUM FOR DURUM WHEAT

Article 3

Communications

Article 5

Variety screening

The Member States shall communicate the following data to
the Commission by electronic transmission:

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

1. Member States listed in Article 74(1) of Regulation (EC)
No 1782/2003 shall establish the list of durum wheat varieties
eligible for the special quality premium provided for in Article
72 of that Regulation in accordance with the variety screening
method laid down in paragraphs 2 to 5 of this Article.

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2. Member States shall, at least every two years, identify at
least two representative varieties. The representative varieties
shall be the most certified durum wheat varieties.

Article 7

Quantity of certified seeds

3. Member States
shall analyse durum wheat varieties
according to the following quality parameters and assign to
each parameter the relevant weighting:

(a) protein content (40 %);

(b) gluten quality (30 %):

(c) yellow index (20 %);

Member States shall fix, before 1 October of the year preceding
the year in respect of which the specific quality premium for
durum wheat is granted, the minimum quantity of seed, certi-
fied in accordance with Directive 66/402/EEC (2), to be used in
accordance with the current agricultural practices
in the
production zone concerned.

Article 8

(d) specific weight or weight of one thousand kernels (10 %).

Publications and communications

The sum of the averages of the quality parameters referred to
in (a) to (d) of the first subparagraph, multiplied by the indi-
cated value in percentage, shall constitute the quality index of
the varieties.

Each Member State shall compare, over a period of at least two
years, the quality indexes of the durum wheat varieties with
those of the representative varieties at regional level. The vari-
eties to be examined shall be those which are registered in the
national catalogue of each Member State, with the exclusion of
those varieties for which no analytical data are available for the
last three years because they are not longer used or certified.

To that end, based on the average quality index of 100 attrib-
uted to the representative varieties, each Member State shall
calculate, for each of the quality parameters provided for in
points (a) to (d) of the first subparagraph, the percentage to be
assigned to the other durum wheat varieties in comparison
with the index of 100. Only durum wheat varieties with an
index equal to or higher than 98 shall be eligible for the
specific quality premium for durum wheat.

4.
A Member State may exclude from the list of eligible vari-
eties the varieties which have an average rate of loss of vitreous
aspect of durum wheat (‘mitadinage’) exceeding 27 %.

5.
Varieties which are registered in the national catalogue of
another Member State may also be examined for their elig-
ibility.

Article 6

Analysis methods

The analysis methods of

the protein content, specific
1.
weight and the rate of loss of vitreous aspect of durum wheat
(‘mitadinage’) shall be those laid down in Commission Regu-
lation (EC) No 824/2000 (1).

The yellow index shall be measured in accordance with

2.
the ICC 152 method or an equivalent recognised method.

1. Member States shall publish the list of selected varieties
which are eligible at national or regional level to the special
quality premium for durum wheat, by 1 October at the latest
for winter varieties, and by 31 December at the latest for
spring varieties, of the year preceding the year in respect of
which the premium is granted.

2. Member States shall communicate to the Commission,
not later than one month after the dates provided for in para-
if
graph 1, the list referred to in paragraph 1 as well as,
amended, the minimum quantity of certified seed to be used.

Article 9

Validity

1.
The varieties included in the list referred to in Article 8(1)
shall be eligible for the special quality premium for durum
wheat for periods of five years starting from the date of their
first inclusion in that list.

2.
The eligibility of each variety may be extended for a
period of five years, based on the results of the qualitative
analyses carried out during the second and third year of the
five-year eligibility period.

Article 10

Transitional measures

1. Member States shall publish the list of selected varieties
which are eligible for the special quality premium for durum
wheat in respect of the year 2005, by 1 October 2004 at the
latest for winter varieties and by 31 December 2004 at the
latest for spring varieties.

2. Member States shall establish the list referred to in para-
graph 1 by eliminating from the list of varieties which are
registered in the national catalogue the varieties which have
not been certified in 2003 and 2004 and those which do not
satisfy at least two of the four following parameters:

(a) a minimum protein content of 11.5 %;

The gluten quality shall be measured in accordance with

3.
the ICC 158 method or according to the ICC 151 method.

(b) a minimum specific weight of 78 kg/hl or a minimum

weight of one thousand kernels of 42 g;

(1) OJ L 100, 20.4.2000, p. 31.

(2) OJ L 125, 11.7.1966, p. 2309.

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(c) a maximum rate of loss of vitreous aspect of durum wheat

Article 14

(‘mitadinage’) of 27 %;

(d) a minimum gluten content of 10 %.

Communications

3.
The lists of varieties which are eligible for the premium
in 2005 and 2006 may include varieties which are in the list of
selected varieties of another Member State on the basis of the
results of the qualitative analyses carried out by that other
Member State.

1. Member States shall communicate to the Commission, in
accordance with Article 3, the following information:

(a) by 15 September at the latest:

CHAPTER 3

PROTEIN CROP PREMIUM

Article 11

Mixture of cereals and protein crops

In regions where protein crops are traditionally sown in a
mixture with cereals, the protein crop premium shall be paid at
the request of the applicant provided that he proves, to the
satisfaction of the competent authorities of the Member State
in the
concerned,
mixture. The areas concerned shall not be eligible for the
specific regional aid for arable crops provided for in Article 98
of Regulation (EC) No 1782/2003.

the protein crops are predominant

that

(i) the list of the varieties registered in the national cata-
logue, classified according to the criteria defined in item
2 of Annex I to Council Regulation (EC) No 1785/
2003 (1),

(ii) the sown areas for which applications for crop-specific
payment for rice have been submitted, by variety of
rice and by base area and sub-base area, using the
model set out
to this Regulation,
including the overruns of the base areas and sub-base
areas;

in Annex III(A)

(b) by 31 October at the latest, the modifications with regard
to the sown areas for which applications for the crop-
specific payment for rice have been submitted, communi-
cated in accordance with subparagraph (a) and using the
model form set out in Annex III(B);

(c) by 31 July at the latest, the information concerning the
sown areas for which the crop-specific payment for rice
has actually been paid for the past marketing year,
in
accordance with the calculation method defined in Annex
II and using the model form set out in Annex III(C).

CHAPTER 4

CROP SPECIFIC PAYMENT FOR RICE

2.
For French Guiana, the information concerning the sown
areas shall be communicated on the basis of the average of the
areas sown during the two sowing cycles.

Article 12

Dates for sowings

3. Member States may revise annually the subdivision of
their base area or areas in sub-base areas and the objective
criteria on which those subdivisions are based. They shall
communicate that information to the Commission by 15 May
preceding the harvest in question at the latest.

To be eligible for the crop specific payment
declared area shall be sown at the latest:

for rice,

the

(a) on 30 June preceding the harvest in question, for Spain and

Portugal,

(b) on 31 May for the other producing Member States referred
to in Article 80(2) of Regulation (EC) No 1782/2003.

However,
in French Guiana, the areas shall be sown respec-
tively for each of the two sowing cycles, at the latest on 31
December and 30 June preceding each of them and the crop
specific payment for rice shall be granted on the basis of the
average of the areas sown for each of the two sowing cycles

Article 13

Coefficient of reduction

The coefficient of reduction of the crop specific payment for
rice referred to in Article 82 of Regulation (EC) No 1782/2003
shall be calculated in accordance with Annex II to this Regu-
lation.

CHAPTER 5

AREA PAYMENT FOR NUTS

Article 15

Eligibility conditions for Community aid

1.
For the purposes of this Chapter, an orchard shall mean a
homogeneous and cohesive area planted with nut trees which
is not intersected by other crops or plantations and which is
geographically continuous. Isolated trees or a single row of nut
trees planted alongside roads or other crops shall not be
considered an orchard.

(1) OJ L 270, 21.10.2003, p. 96.

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By way of derogation from the first subparagraph, Member
States may allow the presence of trees other than nut trees
within a limit corresponding to 10 % of the number of trees
laid down in paragraph 3. Moreover, Member States may allow
the presence of chestnut trees if the number of trees laid down
in paragraph 3 is respected by the eligible nut trees.

Only orchards producing nuts and meeting the conditions
2.
provided for in paragraphs 3 and 4 of this Article at the date
to be fixed in accordance with Article 11 of Regulation (EC)
No 796/2004 shall be eligible for the area payment provided
for in Article 83 of Regulation (EC) No 1782/2003.

In the case of an orchard where different types of nuts are
grown and when the aid is differentiated in function of the
products, the eligibility conditions and the level of the aid
specific to the nut type which is predominant shall apply.

The minimum plot size of orchards may not be less than

3.
a surface area of 0.10 hectare.

The number of nut trees per hectare of orchards may not be
less than:

(i) 125 for hazelnuts;

(ii) 50 for almonds;

(iii) 50 for walnuts;

(iv) 50 for pistachios;

(v) 30 for locust beans.

4. Member States may fix the minimum plot size and tree
density at a higher level than that laid down in paragraph 3 in
accordance with objective criteria and in order to take into
account the specific characteristic of the areas and productions
concerned.

Article 16

Eligibility conditions for national aid

Article 15 shall apply to the national aid provided for in
Article 87 of Regulation (EC) No 1782/2003.

Without prejudice to Article 87 of Regulation (EC) No 1782/
2003, a Member State may establish further eligibility criteria,
provided that such criteria are consistent with the environ-
mental, rural, social and economic objectives of the aid scheme
introduce discrimination between producers.
and do not
Member States shall establish the necessary arrangements in
order to control that those eligibility criteria are respected by
farmers.

Article 17

Communications

Member States in accordance with Article 11 of Regulation
(EC) No 796/2004 and at the latest:

(a) by 31 March, the higher levels and the criteria referred to
in Article 15(4) and the additional criteria referred to in
Article 16;

(b) by 15 May, where a Member State differentiates the aid in
accordance with Article 83(2) of Regulation (EC) No 1782/
2003, the level of the area payment per products and/or
the modified national guaranteed area (‘the NGA’).

2.
Any modification of the information to be communicated
to the Commission pursuant to paragraph 1 shall apply to the
following year and shall be immediately communicated by the
Member State concerned to the Commission accompanied by
the objective criteria justifying any such modification.

Article 18

Transitional measures

1. Member States may determine whether and under what
conditions the improvement plans referred to in Article 86(2)
of Regulation (EC) No 1782/2003 may be ceased before their
normal expiry and relative areas become eligible under the
scheme provided for in Chapter 4 of Title IV of that Regu-
lation.

2. When setting the conditions referred to in paragraph 1,
the Member State shall ensure that:

(a) the plan is not ceased before the complete implementation

of an annual period;

(b) the initial objectives of the plan have been reached to the

satisfaction of the Member State.

CHAPTER 6

AID FOR STARCH POTATO

Article 19

Eligibility

The aid for starch potato provided for in Article 93 of Regu-
lation (EC) No 1782/2003 shall be granted for potatoes which
are covered by a cultivation contract as provided for in Article
3 of Commission Regulation (EC) No 2236/2003 (1), on the
basis of the net weight of the potatoes determined by one of
the methods described in Annex I to Commission Regulation
(EC) No 2235/2003 (2) and the starch content of the potatoes
delivered, in accordance with the rates fixed in Annex II to that
Regulation.

No aid for starch potato shall be granted for potatoes whose
starch content is less than 13 %, except where the second sub-
paragraph of Article 5(3) of Regulation (EC) No 2236/2003
applies.

1. Member States shall communicate to the Commission in
any case before the date for lodging an application fixed by

(1) OJ L 339, 24.12.2003, p. 45.
(2) OJ L 339, 24.12.2003, p. 36.

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Article 20

Minimum price

capacity of the producers concerned and recognised by the
competent authority.

The aid for starch potato shall be subject to the requirement
that proof is provided that a price not less than that referred to
in Article 4a of Regulation (EC) No 1868/94 has been paid at
the delivered-to-factory stage in accordance with the rates fixed
in Annex II to Regulation (EC) No 2235/2003.

Article 10(2) of Regulation (EC) No 2236/2003 shall apply.

Article 21

Payment

1. Without prejudice to Article 28 of Regulation (EC)
No 1782/2003, the aid for starch potato shall be paid, by the
Member State on whose territory the potato starch was manu-
factured, per farmer once all his quantities for the marketing
year have been delivered to the starch-producing undertaking
within four months from the date on which the proof referred
to in Article 20 of this Regulation has been provided and the
conditions referred to in Article 19 of this Regulation have
been respected.

2. Member States may grant advances, as from 1 December
of the marketing year, based on the different parts of the quan-
tity of starch potatoes by farmer delivered to the starch-produ-
cing undertaking for
that marketing year. Each advance
payment shall be granted for the quantity of starch potatoes
delivered for which the proof referred to in Article 20 has been
provided and the conditions referred to in Article 19 have been
respected.

3.
The conversion rate to be used to express aid for starch
potato in national currency shall be the one applied under
Article 20 of Regulation (EC) No 2236/2003.

CHAPTER 7

DAIRY PREMIUM AND ADDITIONAL PAYMENT

Article 22

Cases of inactivity

1. When a natural or legal person holding an individual
reference quantity does not come within the definition of
producer provided for
in Article 5(c) of Regulation (EC)
No 1788/2003 during the twelve-month period ending on 31
March of the year concerned, no dairy premiums and addi-
tional payment shall be paid for the year concerned, unless he
proves before the deadline for the application and to the satis-
faction of the competent authority that production has been
taken up.

2.
Paragraph 1 shall not apply in cases of force majeure and
in duly justified cases temporarily affecting the production

CHAPTER 8

AID FOR ENERGY CROPS

SECTION 1

Definitions

Article 23

Definitions

For the purposes of this Chapter:

(a) ‘applicant’ means any farmer cultivating the areas referred
to in Article 88 of Regulation (EC) No 1782/2003 with a
view to obtaining the aid provided for in that Article;

(b) ‘first processor’ means any user of agricultural raw materials
who undertakes the first processing thereof with a view to
obtaining one or more of the products referred to in the
second paragraph of Article 88 of Regulation (EC) No 1782/
2003.

SECTION 2

Contract

Article 24

Use of raw material

Any agricultural

1.
raw material with the exception of
sugarbeet may be grown on the areas covered by the aid
provided for in Article 88 of Regulation (EC) No 1782/2003
provided that they are intended primarily for use in the produc-
tion of the energy products referred to in the second paragraph
of that Article.

The economic value of the energy products obtained by proces-
sing raw materials shall be higher than that of all other
products intended for other uses and obtained by such proces-
sing, as determined by the valuation method set out in Article
39(3).

2.
The raw materials referred to in paragraph 1 shall be
covered by a contract in accordance with Article 90 of Regu-
lation (EC) No 1782/2003 under the conditions laid down in
this Section.

3.
Applicants shall deliver all raw materials harvested to a
first processor who shall take delivery of them and ensure that
an equivalent quantity of such raw materials is used within the
Community for
the manufacture of one or more energy
products as referred to in the second paragraph of Article 88
of Regulation (EC) No 1782/2003.

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Where the first processor uses the raw material actually
harvested to manufacture an intermediate product or a by-
product, he may use an equivalent quantity of such inter-
mediate products or by-products to manufacture one or more
end products as referred to in the first subparagraph.

down by the Member State. The Member States may authorise
the oil produced by processing oilseeds in accordance with
paragraph 1(a)(ii) to be denatured instead of the oilseeds them-
selves, provided that such denaturing takes place immediately
after the seeds are processed into oil and that the use to which
the seeds are put is checked.

In the case referred to in the second subparagraph, the first
processor shall so inform the competent authority with whom
the security is lodged. Where such equivalent quantity is used
in a Member State other than that in which the raw material is
harvested,
the Member States
concerned shall inform each other of the details of such trans-
action.

the competent authorities of

4.
In accordance with the national provisions governing
contractual relations, the first processor may delegate to a third
from the farmer
party the collection of
applying for the aid. The delegate shall act in the name and on
behalf of the processor who remains solely responsible with
regard to the obligations laid down by this Chapter.

the raw material

Article 25

Derogations

Notwithstanding Article 24(2) and (3), Member States

1.
may permit applicants to:

(a) use short rotation forest trees covered by ex 0602 90 41
or all the cereals or the oilseeds covered by CN codes
1201 00 90, 1205 10 90, 1205 90 00, 1206 00 91 and
1206 00 99 harvested:

(i) as fuel for heating their agricultural holding,

(ii) for the production on the holding of power or biofuels;

(b) process into biogas covered by CN code 2711 29 00 on

their holdings all raw materials harvested.

2.

In the cases referred to in paragraph 1, applicants shall:

(a) undertake, by way of a declaration in place of the contract
referred to in Article 26, to use or process directly the raw
material covered by the declaration; Articles 26 to 40 shall
apply mutatis mutandis to those cases.

(b) have all the raw material harvested weighed by a body or
an undertaking designated by the Member State and keep
the raw material used and the
separate accounts for
products and by-products resulting from its processing;
however, in the case of cereals and oilseeds, and of straw,
and where the entire plant
is used, weighing may be
replaced by volumetric measurement of the raw material.

3. Member States applying paragraph 1 shall
introduce
adequate control measures to ensure that the raw material is
directly used on the holding or is processed into biogas falling
within CN code 2711 29 00.

4.
Cereals and oilseeds used in accordance with paragraph
1(a) shall be denatured in accordance with the method laid

Article 26

Contract

In support of

1.
their aid applications, applicants shall
submit to their competent authorities the contracts they have
concluded with a first processor.

Applicants shall ensure that

2.
following:

the contracts specify the

(a) the names and addresses of the parties to the contract;

(b) the duration of the contract;

(c) the species of all raw materials concerned and the area

planted with each species;

(d) any conditions applicable to the delivery of the forecast

quantities of raw materials;

(e) an undertaking to fulfil their obligations pursuant to Article

24(3);

(f) the intended primary end uses for the raw material, each
end use complying with the conditions laid down in Arti-
cles 24(1) and 39(3).

3.
Applicants shall ensure that the contracts are concluded
in time to allow the first processor to deposit a copy with the
competent authority of the applicant within the time limits laid
down in Article 34(1).

4.
For the purposes of control, Member States may require
each applicant to conclude a single supply contract for each
raw material.

SECTION 3

Amendment and termination of contracts

Article 27

Amendment and termination of contracts

Where the parties to a contract amend or terminate the
contract after the applicant has lodged an aid application, the
applicant may maintain such aid application only on condition
that, with a view to allowing the requisite inspections to be
carried out, he informs the competent authority of such
amendment or termination, no later than the closing date set in
the Member State concerned for amendment of the application.

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Article 28

Exceptional circumstances

However, in duly justified cases, the Member States may, by
way of an exception, accept a quantity up to 10 % below the
representative yield.

Without prejudice to Article 27, where an applicant informs
his competent authority that, owing to exceptional circum-
stances, he will be unable to supply all or part of the raw mate-
rials specified in the contract, the competent authority may,
after obtaining sufficient evidence of such exceptional circum-
stances, authorise such amendments to the contract as appear
justified, or may authorise its termination.

Where the land covered by a contract is reduced as a result of
amendments thereto or where a contract is terminated, the
applicant shall forfeit his right to the aid referred to in this
Chapter for the areas withdrawn from the contract.

Article 29

Changes in end uses

Without prejudice to Article 27, first processors may alter the
intended primary end uses of raw materials, as referred to in
Article 26(2)(f), once the raw materials under contract have
been delivered to them and once the conditions laid down in
Article 31(1) and in the first subparagraph of Article 34(3)
have been fulfilled.

Changes in end uses shall be made in compliance with the
conditions laid down in the second subparagraph of Article
24(1) and in Article 39(3).

The first processors shall give prior notice to their competent
authorities with a view to the requisite controls.

SECTION 4

Representative yields and quantities delivered

Article 30

Representative yields

Each year the Member States shall establish, using an appro-
priate procedure, representative yields which must be attained,
and shall inform the applicants concerned thereof.

Article 31

Quantities to be delivered

Applicants shall declare the total quantity of raw mate-
1.
rials harvested by species to their competent authorities and
shall confirm the quantities of raw materials delivered and the
parties to whom such deliveries are made.

2.
The actual quantities to be delivered by the applicants to
the first processors shall at least correspond to the representa-
tive yield.

Furthermore, where the competent authorities have authorised
the amendment or termination of contracts in accordance with
Article 28, they may, where it seems justified to do so, reduce
the quantities that applicants are required to deliver under the
first subparagraph of this paragraph.

SECTION 5

Conditions of payment of the aid

Article 32

Payment

The aid may be paid to applicants before the raw material
1.
is processed. However, such payments shall be made only
where the requisite quantities of raw materials pursuant to this
Chapter have been delivered to the first processor and where:

(a) the declaration provided for in Article 31(1) has been

made;

(b) a copy of the contract has been deposited with the first
processor's competent authority in accordance with Article
34(1) and the conditions provided for in Article 24(1) have
been fulfilled;

(c) the competent authority has received proof that the full
security provided for in Article 35(2) has been lodged;

(d) the competent authority responsible for the payment has
checked that the conditions laid down in Article 26 have
been met in respect of each application.

In the case of biennial crops, where the raw materials are
2.
harvested, and hence delivered,
in the course of the second
year of cultivation only, payment shall be made in each of the
two years following the date of conclusion of the contract as
provided for in Article 26, on condition that the competent
authorities establish that:

(a) the obligations referred to in paragraph 1(b), (c) and (d) of
this Article are fulfilled as from the first year of cultivation;

(b) the obligations referred to in paragraph 1(a) of this Article
are fulfilled, and the information referred to in the first sub-
paragraph of Article 34(3) is communicated, in the second
year of cultivation.

In respect of the first year of cultivation, payments shall be
made only if the competent authorities have received proof
that the security provided for in Article 35(2) has been lodged.
In respect of the second year of cultivation, payment may be
made without security being lodged.

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3.
the
In the case of permanent or multi-annual crops,
payment of the aid shall be made each year from the date of
conclusion of the contract. The conditions laid down in para-
graph 2 shall be applied mutatis mutandis.

SECTION 7

Securities

Article 35

SECTION 6

First processors

Contract and obligations on applicants and first processors

Article 33

Number of processors

Energy products shall be obtained at the most by a second
successive processor.

Article 34

Contract and obligations on applicants and first processors

First processors shall deposit a copy of the contract with
1.
their competent authorities under a timetable to be established
by the Member State concerned and no later than the closing
date for the submission of aid applications for the year in ques-
tion in the Member State concerned.

Where applicants and first processors amend or terminate
contracts prior to the date referred to in Article 27 in a given
year, the first processors shall deposit with their competent
authorities a copy of the amended or terminated contract, no
later than that date.

2.
First processors shall provide their competent authorities
with the requisite information on the processing chain in ques-
tion, in particular as regards prices and the technical processing
coefficients to be used for determining the quantities of end
products that may be obtained, as referred to in the second
subparagraph of Article 40(1).

3.
First processors who have taken over the raw materials
from applicants shall inform their competent authorities of the
quantities of raw materials received, specifying the species, the
name and address of the party to the contract who delivered
the raw materials, the place of delivery and the contract refer-
ence, within a time limit to be set by the Member States that
allows the payments to be made within the period specified in
Article 28 of Regulation (EC) No 1782/2003.

Where the Member State of the first processor is not the same
Member State in which the raw materials have been grown, the
inform the
competent authority of the first processor shall
competent authority of the applicant of the total quantities of
raw materials delivered, within 40 working days of receipt of
the information referred to in the first subparagraph.

1.
First processors shall lodge a full security as provided for
in paragraph 2 with their competent authorities by the closing
date for submission of payment applications for the year in
question in the Member State concerned.

2.
The securities to be lodged in respect of each raw material
shall be calculated by multiplying the sum of all areas covered
by a contract signed by the first processor concerned and used
to produce that raw material, by the rate of EUR 60 per
hectare.

3. Where contracts are amended or terminated in accord-
ance with Articles 27 or 28, the securities lodged shall be
adjusted accordingly.

4.
A percentage of the security shall be released for each
raw material on condition that the competent authority of the
first processor concerned is in possession of proof that the
quantity of raw material
in question has been processed in
compliance with the requirement laid down in Article 26(2)(f),
account being taken, where necessary, of any changes pursuant
to the Article 29.

Article 36

Primary and subordinate requirements

The

following obligations

1.
constitute primary
requirements within the meaning of Article 20 of Commission
Regulation (EEC) No 2220/85 (1):

shall

(a) the obligation to process the quantities of raw materials
principally into the end products specified in the contract.
The raw materials shall be processed by 31 July of the
second year following that of harvest;

(b) the obligation that products be accompanied by a T5
control copy in accordance with Articles 37 and 38 of this
Regulation.

2.
The following obligations, incumbent on first processors,
shall constitute subordinate requirements within the meaning
of Article 20 of Regulation (EEC) No 2220/85:

(a) the obligation to take delivery of all raw materials delivered
by applicants pursuant to Article 24(3) of this Regulation;

(b) the obligation to deposit copies of contracts in accordance

with Article 34(1) of this Regulation;

(c) the obligation to provide the information required in
accordance with the first subparagraph of Article 34(3) of
this Regulation;

(d) the obligation to lodge a security in accordance with

Article 35(1) of this Regulation.

(1) 0J L 205, 3.8.1985, p. 96.

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SECTION 8

Documents for sale in, transfer to or delivery to another
Member State or export

Article 37

T5 control copy

Where first processors sell or transfer to second processors in
other Member States
covered by
contracts as provided for in Article 26, the products shall be
accompanied by T5 control copies issued in accordance with
Regulation (EEC) No 2454/93.

intermediate products

— Te gebruiken voor verwerking of aflevering overeenkomstig
artikel 26 van Verordening (EG) nr. 1973/2004 van de
Commissie

— Do wykorzystania w procesie przetwórstwa bądź do
dostawy zgodnie z postanowieniami zawartymi w art. 26
rozporządzenia Komisji (WE) nr 1973/2004

— A utilizar para transformação ou entrega em conformidade
com o artigo 26 do Regulamento (CE) n.o 1973/2004 da
Comissão

— Na spracovanie alebo dodávku v súlade s článkom 26 naria-

denia Komisie (ES) č. 1973/2004

— Se uporablja za predelavo ali dostavo v skladu s členom 26

Uredbe Komisije (ES) št. 1973/2004

— Käytetään jalostamiseen tai

toimittamiseen komission

asetuksen (EY) N:o 1973/2004 26 artiklan mukaisesti

One of the following shall be entered under the heading ‘Other’
in box 104 of the T5 control copies:

— Används till bearbetning eller leverans i enlighet med artikel

26 i kommissionens förordning (EG) nr 1973/2004.

— Producto destinado a su transformación o entrega de
acuerdo con lo establecido en el articulo 26 del Reglamento
(CE) no 1973/2004 de la Comisión;

Article 38

— Použito

dodávku
s článkem 26 nařízení Komise (ES) 1973/2004

zpracování

nebo

pro

v

souladu

Alternatives to the T5 control copy

— Skal anvendes til forarbejdning eller levering i overensstem-
melse med artikel 26 i Kommissionens forordning (EF)
nr. 1973/2004

— Zur Verarbeitung oder Lieferung gemäß Artikel 26 der
Verordnung (EG) Nr. 1973/2004 der Kommission zu
verwenden

— Προς χρήση για µεταποίηση ή παράδοση σύµφωνα µε το άρθρο
26 του κανονισµού (ΕΚ) αριθ. 1973/2004 της Επιτροπής

— To be used for processing or delivery in accordance with
Article 26 of Commission Regulation (EC) No 1973/2004

— Kasutamiseks töötlemisel või tarnimisel vastavalt komisjoni

määruse (EÜ) nr 1973/2004 artiklile 26

— À utiliser pour transformation ou livraison conformément
(CE) no

aux dispositions de l'article 26 du règlement
1973/2004 de la Commission

— Da consegnare o trasformare conformemente all'articolo 26
del regolamento (CE) n. 1973/2004 della Commissione

— Izmantot pārstrādei vai piegādei

saskaņā ar Komisijas

Regulas (EK) Nr. 1973/2004 26. panta nosacījumiem

— Naudoti perdirbimui arba pristatymui pagal Komisijos regla-

mento (EB) Nr. 1973/2004 26 straipsnio nuostatas

If the T5 control copy is not returned to the office of departure
of the body responsible for control
in the Member State in
which the first processor is established two months after expiry
of the deadline for the processing of raw materials provided for
in Article 36(1)(a), as a result of circumstances for which the
first processor is not responsible, the following documents may
be accepted as alternatives to the T5 control copy:

(a) purchase invoices for the intermediate products;

(b) statements by the second processor verifying the final
processing of the raw materials into energy products as
referred to in Article 88 of Regulation (EC) No 1782/2003;

(c) certified photocopies

second processor of
from the
accounting documents proving that processing has been
carried out.

SECTION 9

Checks

Article 39

Record keeping

— A Bizottság 2004/1973/EK rendelete szerint feldolgozásra,

vagy átadásra használandó

The competent authority of

1.
the Member State shall
specify the records to be kept by processors and the frequency
thereof, which shall be at least monthly.

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Such records shall comprise at least the following information:

(a) the quantities of different raw materials purchased for

processing;

(b) the quantities of raw materials processed and the quantities
and types of end products, co-products and by-products
obtained therefrom;

For the purpose of the checks referred to in point (b) of the
first subparagraph, the competent authorities shall base them-
selves in particular on the technical processing coefficients for
the raw materials concerned. Where such coefficients exist for
exports in Community legislation, they shall be applied. Where
they do not but other coefficients do exist in Community legis-
lation, they shall be applied. In all other cases, inspection shall
rely mainly on the coefficients generally accepted by the
processing industry.

(c) wastage during processing;

(d) the quantities destroyed and the reasons for such destruc-

tion;

(e) the quantities and types of products sold or transferred by

the processor and the prices obtained;

2.
For the processing operations referred to in Article 25,
checks shall be carried out on 10 % of applicants selected on
the basis of a risk analysis taking account of:

(a) aid amounts;

(b) the number of agricultural parcels and the area covered by

an aid application;

(f) where applicable, the names and addresses of the subse-

quent processors.

(c) developments since the previous year;

2.
The competent authority of the first processor shall check
that the contract submitted complies with the conditions laid
down in Article 24(1). Where those conditions are not met, the
applicants' competent authorities shall be notified.

3. With a view to calculating the economic value of the
products referred to in Article 24(1), the competent authorities
concerned shall, on the basis of the information referred to in
Article 34(2), compare the sum of the values of all energy
products with the sum of the values of all other products
intended for other uses and obtained from the same processing
operation. Each value shall equal the relevant quantity multi-
plied by the average of the ex-factory prices recorded during
the previous marketing year. Where such prices are not avail-
able, the competent authorities shall determine the relevant
prices, in particular on the basis of the information referred to
in Article 34(2).

(d) the findings of checks made in past years;

(e) other parameters to be defined by the Member States, based
on the representativeness of the declarations submitted.

3. Where the checks referred to in paragraph 2 reveal irre-
gularities in at least 3 % of cases, the competent authority shall
carry out additional checks during the year and shall conse-
quently increase the percentage of farmers to be subject to an
on-the-spot check the following year.

4.
If it has been provided that certain elements of the checks
referred to in paragraphs 1 and 2 may be carried out on the
basis of a sample, that sample shall guarantee a reliable and
representative level of inspection.

5.
Every on-the-spot check shall be the subject of an inspec-
tion report signed by the inspector giving the details of the
checks carried out. The report shall indicate in particular:

Article 40

Checks at the premises of processors

(a) the date of the check;

(b) the persons present;

(c) the period checked;

1.
The competent authorities of the Member States in which
processing takes place shall verify compliance with Article
24(1) at the premises of at least 25 % of the processors located
in their territory, selected on the basis of a risk analysis. Such
checks shall involve at least:

(a) a comparison of the sum of the values of all the energy
products with the sum of the values of all other products
intended for other uses and obtained from the same proces-
sing operation;

(b) analysis of the processor's production system, comprising
physical checks and inspections of commercial documents,
with a view to verifying,
in the case of processors, that
deliveries of raw materials, end products, co-products and
by-products tally.

(d) the checking techniques used including, where applicable,

reference to sampling methods;

(e) results of the check.

Article 41

Hemp production

The provisions relating to hemp referred to in Article 29 of
Commission Regulation (EC) No 795/2004 (1) and in Article 33
of Regulation (EC) No 796/2004 shall apply.

(1) OJ L 141, 30.4.2004, p. 1.

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Article 42

CHAPTER 9

Additional measures and mutual assistance

SPECIFIC REGIONAL AID FOR ARABLE CROPS

take all

The Member States

1.
further measures
shall
required for the proper application of this Chapter and shall
give the mutual assistance needed for the purposes of checks
required pursuant to this Chapter. Where this Chapter does not
provide for appropriate reductions and exclusions, the Member
States may apply appropriate national sanctions against market
participants involved in the procedure for granting aid.

2.
As far as necessary or as required by this Chapter, the
Member States shall assist one another mutually to ensure
effective controls, and enable the authenticity of documents
submitted and the accuracy of the data exchanged to be veri-
fied.

SECTION 10

Exclusion from the aid for energy crops and evaluation

Article 43

Exclusion of raw materials from aid for energy crops and
minimal cultivated area

1.
The Member States may exclude any agricultural raw
material from aid for energy crops where such materials raise
difficulties from the viewpoint of controls, public health, the
environment, criminal law, or a reduced rate of final energy
products.

For any raw material referred to in Article 24,

2.
Member States may set a minimum cultivated area.

the

Article 44

Evaluation

Before 15 October following the end of the year in respect of
which the aid is granted, the Member States shall forward to
the Commission all the information needed to evaluate the aid
for energy crops.

Such information shall include, in particular:

(a) the areas corresponding to each species of raw material;

(b) the quantities of each type of raw material, end product,
by-product and co-product obtained, with details of the
type of raw material used;

(c) the measures taken under Article 25;

Article 45

Sowing date

To be eligible for the special regional aid for arable crops
provided for in Article 98 of Regulation (EC) No 1782/2003,
the declared area shall be sown by a date to be fixed by the
Member States which shall not be later than 15 June.

CHAPTER 10

SEED AID

Article 46

Certified seeds

In the event of application of Article 99 of Regulation (EC)
No 1782/2003, the aid shall be granted for production of basic
by Directives
and officially
66/401/EEC, 66/402/EEC and 2002/57/EC and complying with
the standards and conditions laid down in those Directives, in
accordance with Articles 47 to 50 of this Regulation.

certified

defined

seed

as

Article 47

Production of seeds

1.

The seed shall be produced:

(a) either under a growing contract concluded between a seed

establishment or a breeder and a seed grower,

(b) or directly by the seed establishment or the breeder; such

production being attested by a growing declaration.

2.
The seed establishments and breeders referred to in para-
graph 1 shall be approved or registered by Member States.
Approval or registration by a Member State shall be valid
throughout the Community.

A seed establishment or a breeder growing seed or having
3.
in which
seed grown in a Member State other than that
approval or registration referred to in paragraph 2 took place
shall supply the competent authorities of that other Member
State, on request, with all the information required for checking
entitlement to aid.

Article 48

Territorial eligibility

Each Member State shall grant aid only in respect of seed
harvested on its territory during the calendar year in which the
marketing year for which the aid was fixed begins.

(d) the raw materials excluded from the aid for energy crops
pursuant to Article 43(1) and the minimal cultivated areas
referred to in Article 43(2).

The aid shall be granted to all seed growers under conditions
which ensure equal treatment for beneficiaries irrespective of
the place of their establishment within the Community.

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Article 49

Marketing of seeds

Aid shall be granted only on condition that the seed has in fact
been marketed for sowing by the recipient by 15 June of the
year following the harvest at the latest. ‘Marketed’ shall mean
holding available or in stock, displaying for sale, offering for
sale, sale or delivery to another person.

Article 50

Cannabis sativa L. varieties

The varieties of Cannabis sativa L. eligible for aid under Article
99(4) of Regulation (EC) No 1782/2003 shall be those listed in
Annex II to Regulation (EC) No 796/2004.

CHAPTER 11

ARABLE CROPS AREA PAYMENT

SECTION 1

General provisions for the eligibility for arable crops area
payment

Article 51

Eligible land

1.
For
No 1782/2003:

the purposes of Chapter 10 of Regulation (EC)

(a) ‘permanent pasture’ shall mean ‘permanent pasture’ within
the meaning of Article 2(2) of Regulation (EC) No 796/
2004;

(b) ‘permanent crops’ shall mean ‘permanent crops’ within the
meaning of Article 2(c) of Regulation (EC) No 795/2004.

2.
For the purposes of the first paragraph of Article 108 of
Regulation (EC) No 1782/2003, land under permanent pasture
in 2003 shall be:

(a) land declared by a farmer in his aid application for 2003 as

being under permanent pasture,

and

(b) land not declared by a farmer in his aid application for
2003, unless it can be shown that that land was not under
permanent pasture in 2003.

(a) for areas subject to a restructuring programme, defined as a
‘change to the structure and/or eligible area of a holding
imposed by the public authorities’, Member States shall
take action to prevent any significant increase in the total
agricultural area eligible for arable area crops payment; this
may in particular involve deeming previously eligible areas
ineligible as an offsetting measure; areas newly declared
eligible by the Member States under a restructuring
programme shall not exceed the area newly declared ineli-
gible under that programme by more than 5 %;

in order

(b) in case of one or other form of public intervention, where
such intervention results in a farmer growing crops on land
previously regarded as ineligible for arable crops area
payment
to continue his normal agricultural
activity and the intervention in question means that land
originally eligible ceases to be so, Member Sates may not
increase their total eligible agricultural area, either tempora-
rily or permanently, by more than 0.1 % of their total base
area;

(c) where farmers are able to give relevant and objective
reasons for exchanging land ineligible for arable crops area
payment for eligible land on their holdings, Member States
shall check that there are no valid reasons for refusing such
exchanges,
in particular from the viewpoint of environ-
mental risks, and shall provide proof in a plan submitted to
the total amount of eligible land
the Commission that
remains
circumstances may
under
unchanged;
exchanges result in any increase in the total area of eligible
arable land on the holding; the Member States shall provide
for a system for the prior notification and approval of such
exchanges.

no

Article 52

Conditions for payment

Without prejudice to Article 2, arable crops area payments
shall be paid solely on areas:

(a) located in regions climatically and agriculturally suitable for
growing arable crops; the Member States shall have the
power to decide that any region is not suitable for produ-
cing certain arable crops;

(b) on which the crop is maintained until at least the beginning

of flowering under conditions of normal growth.

Pursuant to the third paragraph of Article 108 of Regu-
3.
lation (EC) No 1782/2003, Member States may only derogate
from the first paragraph of that Article only subject to the
following conditions:

As regards durum wheat, crops shall in addition be cultivated
in accordance with local standards at least until 30 June in
respect of which the payment
is granted, unless they are
harvested at full maturity before that date.

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Article 53

Regional amount

Article 56

Flax and hemp grown for fibre

1. Where a producer's areas eligible for arable crops area
payment are located in more than one region of production,
the amount payable shall be determined by the location of each
area covered by his application.

2. Member States that
treat maize separately in regions
where maize is grown principally for silage shall be authorised
to apply the yield for a feed grain in that region to all areas
under maize in the regions in question.

SECTION 2

Special provisions covering certain arable crops

Article 54

Silage grass

For the purposes of Article 100(3) of Regulation (EC)
1.
No 1782/2003,
‘silage grass’ shall mean the crop grown on
areas mainly sown to herbaceous grasses and harvested green
at least once a year with a view to preservation in an enclosed
environment by anaerobic fermentation.

Areas registered for growing grass seed certified in accordance
with Directive 66/401/EEC during the marketing year in ques-
tion shall not qualify for arable crops area payments.

2.
The provisions of this Chapter, with the exception of the
condition relating to flowering in point (b) of the first para-
graph of Article 52, shall apply to silage grass.

3.
In the Member States that make provision for a specific
area for silage grass as set out in Annex IV, farmers shall be
eligible for area payments in respect of silage grass.

Article 55

Durum wheat

1.
Aid applications in respect of durum wheat supplement
and special aid laid down in Article 105 of Regulation (EC)
No 1782/2003 shall be valid only where:

(a) an application for an area payment, as referred to in Article
is submitted in
the same number of hectares under durum

101 of Regulation (EC) No 1782/2003,
respect of
wheat;

(b) a minimum quantity of seed certified in accordance with

Directive 66/402/EEC is used.

2.
The Member States shall, before 1 October of the year
preceding the year in respect of which the aid is granted, fix
and notify to the farmers the minimum quantity of certified
seed to be used in accordance with agricultural practice in the
Member State concerned.

The area payment for flax and hemp grown for fibre is

1.
subject to the following conditions:

(a) the submission of a copy of the contract or commitment
referred to in the first paragraph of Article 106 of Regu-
lation (EC) No 1782/2003 by 15 September of the year in
respect of which the payment is granted at the latest or by
an earlier date laid down by the Member State;

(b) the use of seed of the following varieties:

(i) for flax grown for fibre, varieties listed in Annex V on
15 May of the year in respect of which the payment is
granted;

(ii) for hemp grown for fibre, varieties listed in Annex II to
Regulation (EC) No Regulation (EC) No 796/2004 on
15 May of the year in respect of which the payment is
granted and certified in accordance with Directive
2002/57/EEC (1).

2.
For the purposes of granting the area payment for hemp
grown for fibre, the Member States may fix the minimum
sowing rate compatible with good hemp-growing practice.

Article 57

Sowing date

By way of derogation from Article 109 of Regulation (EC)
No 1782/2003, the Member States may defer the final date for
sowing to no later than 15 June for the crops listed in Annex
VIII to this Regulation and in the zones, to be defined by the
Member States concerned, located in the regions specified in
that Annex.

SECTION 3

Base areas, reference yields and ceilings

Article 58

Irrigated and non-irrigated land

1. Where regionalisation plans referred to in Article 103 of
Regulation (EC) No 1782/2003 provide for different yields for
irrigated and non-irrigated land, the Member States shall lay
down rules to determine whether or not areas are irrigated in
the course of a marketing year. They shall
in particular lay
down:

(a) a list of arable crops on which area payments may be

granted at the rate for the irrigated yield;

(1) OJ L 193, 20.7.2002, p. 74.

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(b) a description of the irrigation equipment which the farmer
must have at his disposal;
such equipment must be
commensurate with the area concerned and must allow for
the supply of the water needed for the normal development
of plants during their growth cycle;

(c) the relevant irrigation period.

Paragraph 1 shall not apply to ‘regadío’ production
2.
regions in Spain or other regions where irrigation is a historical
feature linked to the parcels and allows them to be distin-
guished and listed.

Article 59

Base area overshoot

For

1.
the purposes of determining any overshoots in
regional base areas in accordance with Article 102 of Regu-
lation (EC) No 1782/2003, the competent authority of the
Member State concerned shall take account of:

(a) the regional base area as set out in Annex IV to this Regu-

lation;

(b) the sum of areas covered by applications for area payments
submitted in respect of each crop, including, in the event of
application of Article 71 of Regulation (EC) No 1782/
2003, the corresponding compulsory set-aside.

Any voluntary set-aside shall be included with areas other than
irrigated, other than under maize and/or other than under
silage grass.

The sum of

the areas covered by aid applications
2.
submitted shall not include areas, or parts thereof, covered by
applications that administrative checks show to be clearly
unjustified.

Where applicable, the area actually determined during on-the-
spot checks pursuant to Article 23 of Regulation (EC) No 1782/
2003 shall be taken into account.

Areas sown to arable crops in accordance with Chapter
3.
10 of Title IV of Regulation (EC) No 1782/2003 and used in
support of aid applications under Chapter 12 of Title IV of that
Regulation shall be added to the sum of the areas covered by
applications submitted, adjusted in accordance with paragraph
2.

The base area overshoot shall be calculated in accordance

4.
with the table in Annex VI.

durum wheat, adjusted in accordance with Article 59(2) of this
Regulation and, where applicable, reduced in accordance with
Article 102 of Regulation (EC) No 1782/2003.

2.
Paragraph 1 shall apply for the purposes of determining
any overshoot in the limited areas eligible for the special aid
for durum wheat set out in Article 105(3) of Regulation (EC)
No 1782/2003.

Article 61

Definitive rate of areas overshoot and coefficient of reduc-
tion

1. Where the areas referred to in Articles 59 and 60 are
found to be exceeded, the Member State concerned shall, by 31
October of the year concerned at the latest, determine the defi-
nitive rate of overshoot truncated to two decimal points.

The definitive rate of overshoot thus determined shall be
2.
used to calculate the proportional reduction in the area eligible
for:

(a) the arable crop area payment in accordance with Article

102(1) of Regulation (EC) No 1782/2003;

(b) the supplement

thereto and the special aid for durum
wheat in accordance with Article 105 of Regulation (EC)
No 1782/2003 and after Article 102(1) of that Regulation
has been applied.

Article 62

Sub-base areas

For the purposes of Article 102(5) of Regulation (EC) No 1782/
2003, the Member States shall, by 15 September of the year in
respect of which the area payment is applied for at the latest,
determine the following and shall notify the Commission
thereof:

(a) the national base area to be subdivided;

(b) the criteria used by the Member State to establish the sub-

base areas;

(c) the sub-base areas (number, name and size);

(d) the detailed rules for concentrating measures applicable in

case of overshoot.

Article 60

Durum wheat limited area overshoot

Article 63

Ceiling of the sum of the payments

1.
For the purposes of determining any overshoot in the
limited area for durum wheat eligible for the supplement to the
area payment laid down in Article 105(1) of Regulation (EC)
No 1782/2003,
the Member
States shall take account of the sum of the areas covered by
applications for the supplement to area payments in respect of

the competent authorities of

For the purposes of determining any overshoot in the ceiling of
the payments and the corresponding reduction coefficient
provided for in Article 102(2) of Regulation (EC) No 1782/
2003, the competent authorities of the Member States shall
take account of the proportional reduction in the eligible areas
provided for in Article 102(1) and Article 105(2) of that Regu-
lation.

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SECTION 4

Set-aside

Article 64

Definition

For the purposes of Article 107(1) of Regulation (EC) No 1782/
2003, ‘set-aside’ shall mean leaving fallow an area eligible for
area payments pursuant
to Article 108 of Regulation (EC)
No 1782/2003.

Article 65

Conditions

set-aside in the regions concerned. However, the application of
this paragraph shall not lead to fewer hectares being set aside
than the obligation requires.

Article 67

Legume crops

For the purposes of applying the second indent of Article
1.
107(3) of Regulation (EC) No 1782/2003, ‘legume crops’ shall
mean areas sown with one or more species of the fodder
legumes listed in Annex VII to this Regulation. Sowing in a
mixture with cereals and/or grasses shall be allowed subject to
the following conditions:

(a) the area is sown mainly with fodder legumes;

(b) they cannot be harvested separately.

1.

Article 32 of Regulation (EC) No 795/2004 shall apply.

By way of derogation from Article 107(9) of Regulation
2.
(EC) No 1782/2003 and for the years 2005 and 2006, Malta
may set the minimum size requirements for set aside areas at
less than 0.1 ha in size and 10 metres wide.

Where specific regional environmental standards established by
the Member States for organic crops set a ceiling on area sown
the condition concerning areas sown
with fodder legumes,
mainly with fodder legumes laid down in (a) shall be met if at
least 85 % of the limit fixed by the Member States is complied
with.

Article 66

Regional breakdown

2.
Areas on which legume crops as referred to in paragraph
1 qualify between 15 January and 31 August under the aid
scheme provided for in Council Regulation (EC) No 1786/
2003 (1) shall not qualify for area payments.

1.
Aid applications referred to in Title II of Regulation (EC)
No 1782/2003 shall be broken down by region in accordance
with the regionalisation plan referred to in Article 103 of that
Regulation.

2.
For each area payment application in a given region of
production, there shall be a corresponding set-aside declaration
in respect of at least the corresponding number of hectares in
the same region of production.

The Member State may provide for derogation from para-

3.
graph 2 in accordance with objective criteria.

4.
By way of derogation from paragraph 2, the compulsory
set-aside corresponding to an application for area payment
submitted may be effected in whole or in part:

(a) in Spain, in the ‘secano’ region in the case of holdings situ-

ated in ‘secano’ and ‘regadío’ production regions;

(b) in another region of production, provided that the areas to
be set aside are located in regions of production adjacent to
those in which the cultivated areas are situated.

5. Where paragraphs 3 and 4 are applied, the area to be set
aside shall be adjusted to take account of
the difference
between the yields used to calculate the payment in respect of

Article 68

Payments on land voluntarily set-aside

For the purposes of Article 107(6) of Regulation (EC) No 1782/
2003 in the event of application of Article 66 of that Regu-
lation, Member States shall allow farmers to set-aside up to at
least 10 % of the area for which an arable crops area payment
application is made and which is not used to give right to the
payment of set-aside entitlements. Higher percentage may be
set by a Member State taking into account specific situations
and ensuring sufficient occupation of farmland.

The basic amount for voluntary set-aside shall be EUR 63.00/t
from the marketing year 2005/2006. Where different yields are
set for irrigated and non-irrigated land, the payments for set-
aside for non-irrigated land shall apply.

The Member States shall apply suitable measures compatible
with the specific situation of areas voluntarily set-aside in order
to ensure they are maintained in good agricultural and environ-
mental condition and the environment is protected.

(1) OJ L 270, 21.10.2003, p. 114.

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SECTION 5

Communications

Article 69

Communications

1.
The Member States shall send the Commission the infor-
mation referred to in Annex IX in the standardised format
described therein, by production region, base area and country,
in accordance with the timetable set out in Article 3.

2. Where the areas referred to in Articles 59 and 60 are
found to have been exceeded, the Member State concerned
shall fix the definitive rate of the overshoot immediately and by
15 November of the year concerned at the latest and shall
communicate it to the Commission by 1 December of the year
concerned at the latest. The data used to calculate the rate by
which a base area is exceeded shall be forwarded using the
form set out in Annex VI.

3. Where the rate of overshoot is distributed in accordance
with Articles 102(5) and 105(2) of Regulation (EC) No 1782/
2003, the Member State concerned shall notify the Commis-
sion of such distribution by 15 November at the latest.

4.
In the event of application of Article 63, the Member
State concerned shall notify the Commission of the definitive
coefficient of reduction by 1 December of the year concerned
at the latest.

CHAPTER 12

SHEEP AND GOAT PREMIUMS

SECTION 1

Direct Payments

Article 70

Applications and retention period

1.
In addition to the requirements under the integrated
administration and control system provided for in Chapter 4 of
Title II of Regulation (EC) No 1782/2003 (‘the integrated
system’), farmers shall indicate in their application for ewe and
goat premiums and supplementary premiums whether or not
they are marketing sheep's milk, or milk products based on
sheep's milk, during the year in respect of which the premium
is requested.

2.
Applications for a premium in favour of farmers keeping
ewes and/or she-goats shall be submitted to the competent
authority, during a unique period fixed by the Member State
concerned commencing not before 1 November and ending
not later than 30 April, respectively, preceding and following

the commencement of the year in respect of which the applica-
tions are submitted.

However, the United Kingdom may set a different period in
respect of Northern Ireland from that set for Great Britain.

The period referred to in Article 115(1) of Regulation
3.
(EC) No 1782/2003 during which the farmer undertakes to
keep on his holding the number of ewes and/or she-goats in
respect of which the premium is requested (‘the retention
period’) shall be 100 days starting on the first day following
the last day of the period for the submission of applications
referred to in paragraph 2.

Article 71

Areas eligible for goat premium

The criteria referred to in Article 113(2) of Regulation (EC)
No 1782/2003 are met in the areas listed in Annex X.

However, Member States shall, on a regular basis, verify
whether these criteria continue to be met in all the areas listed
in Annex X falling within their respective territories. Following
this evaluation, Member States shall notify the Commission of
any need for amending Annex X before 31 July of the year
preceding the year in respect of which the amendment shall
apply. The notification shall, in particular, indicate the zones,
or parts of zones, listed in Annex X that do not further meet
the criteria referred to in Article 113(2) of Regulation (EC)
No 1782/2003, as well as the eventual zones that meet these
criteria but are not yet listed in Annex X. For these potential
new zones, the Member States shall supply the Commission
with a detailed justification of their proposal.

Article 72

Application for supplementary premium and for the goat
premium

1.
In order to benefit from the supplementary premium or
the goat premium, a farmer whose holding has at least 50 %
but less than 100 % of its area used for agriculture situated in
areas referred to in Article 114(1) of Regulation (EC) No 1782/
2003 or in areas listed in Annex X to this Regulation, shall
submit a declaration or declarations indicating the location of
his land, in accordance paragraphs 2 and 3 of this Article:

2.
A farmer who is required to submit each year a declara-
tion of the total utilised agricultural area of his holding, at the
occasion of an aid application, as provided for in Article 22(1)
of Regulation (EC) No 1782/2003, shall
indicate in that
declaration those parcels used for agriculture which are located
in areas referred to in Article 114(1) of Regulation (EC)
No 1782/2003 or in areas listed in Annex X to this Regulation
as appropriate;

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A farmer who is not required to submit the declaration referred
to in the first paragraph shall submit each year a specific
declaration using, where appropriate, the system for identifying
agricultural parcels provided for under the integrated system.

Article 74

Eligibility

That specific declaration shall indicate the location of all the
land the farmer owns, rents or uses under whatever arrange-
ments, indicating its area and detailing those parcels used for
agriculture which are located in areas referred to in Article
114(1) of Regulation (EC) No 1782/2003 or in areas listed in
Annex X of this Regulation as appropriate. Member States may
provide for the specific declaration to be included in the appli-
cation for the ewe and/or goat premium. Member States may
also demand that the specific declaration be made by means of
a ‘single payment application’ form.

3.
The competent national authority may demand the
presentation of a property deed, a rental contract or a written
agreement between farmers and, where appropriate, an attesta-
tion from the local or regional authority which has made land
used for agriculture available to the farmer concerned. The
attestation shall
land granted to the
producer and the parcels located in areas referred to in Article
114(1) of Regulation (EC) No 1782/2003 or areas listed in
Annex X to this Regulation as appropriate.

indicate the area of

Article 73

Farmers practising transhumance

1.
Premium applications submitted by farmers the registered
addresses of whose farms are in one of the geographical areas
referred to in Article 114(2)(b) of Regulation (EC) No 1782/
2003 and who wish to qualify for the supplementary premium
shall indicate:

(a) the place or places where transhumance is to be carried out

for the current year;

(b) the period of at

least 90 days referred to in Article
114(2)(a) of Regulation (EC) No 1782/2003 and laid down
for the current year.

2.
Premium applications from farmers referred to in para-
graph 1 shall be accompanied by documents certifying that
transhumance has actually been carried out, except in cases of
force majeure or due to the impact of duly justified natural
circumstances affecting the life of the flock, during the two
previous years and in particular by an attestation from the local
or regional authority at the place of transhumance certifying
that it has actually taken place during at least 90 consecutive
days.

Premiums shall be paid to farmers on the basis of the
she-goats kept on their holding

1.
number of ewes and/or
throughout the retention period referred to in Article 70(3).

2.
Animals satisfying the conditions provided for in the defi-
nitions referred to in Article 112 of Regulation (EC) No 1782/
2003 on the final day of the retention period shall be consid-
ered eligible animals.

Article 75

Inventory of farmers marketing sheep's milk or sheep's
milk products

For each year Member States shall draw up, no later than the
thirtieth day of the retention period, an inventory of farmers
marketing sheep's milk or sheep's milk products on the basis of
the farmers' declarations referred to in Article 70(1).

When drawing up the inventory, Member States shall take
account of the results of controls and any other source of infor-
mation available to the competent authority, in particular infor-
mation obtained from processors or distributors relating to the
marketing of sheep's milk or sheep's milk products by farmers.

Article 76

Notification

1. Member States shall notify the Commission:

(a) by 31 July of each year at the latest, of the information
relating to premium applications submitted for the current
year, using the model form set out in Annex XI;

(b) by 31 July of each year at the latest, of the number and
amount of premiums paid the previous year after applica-
tion of the reduction of aid provided for in Article 120 of
Regulation (EC) No 1782/2003 if appropriate, using the
model form set out in Annex XII to this Regulation;

(c) by 31 October of each year at the latest, of any changes in
the list of geographical areas practising transhumance
referred to in Article 114(2) of Regulation (EC) No 1782/
2003 and Article 73 of this Regulation.

The information required under the first subparagraph shall be
made available to the national bodies responsible for drawing
up official statistics in the sheepmeat and goatmeat sector, at
their request.

When carrying out administrative checks on applications
Member States shall ensure that the place of transhumance
specified in the premium application is actually within an area
referred to in Article 114(1) of Regulation (EC) No 1782/2003.

2. Where the information required under paragraph 1
changes, in particular as a result of the checks or corrections or
improvements of previous figures, an update shall be commu-
nicated to the Commission within one month after the occur-
rence of the change.

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SECTION 2

Limits, Reserves and Transfers

Article 77

Rights obtained free of charge

Except
in duly justified exceptional circumstances, where a
farmer has obtained premium rights free of charge from the
national reserve he shall not be authorised to transfer his rights
or to lease them temporarily for a period of three years from
the date he obtained those rights.

Article 78

Use of rights

A farmer holding rights may make use of

1.
them by
availing himself of those rights and/or leasing those rights to
another farmer.

2. Where a farmer has not made use of
the minimum
percentage of his rights provided for paragraph 4, during each
year, the part not used shall be transferred to the national
reserve, except in the following cases:

(a) in the case of farmers holding a maximum of 20 premium
rights, where this
the
minimum percentage of his rights, during each of two
consecutive calendar years, only the part not used during
the last calendar year shall be transferred to the national
reserve;

farmer has not made use of

(b) in the case of a farmer participating in an extensification

programme recognised by the Commission;

(c) in the case of a farmer participating in an early retirement
scheme recognised by the Commission in which the
transfer and/or temporary leasing of rights is not obliga-
tory;

(d) in exceptional and duly justified circumstances.

Temporary leasing shall be only in respect of whole years
3.
and shall
involve at least the minimum number of animals
provided for in Article 79(1). At the end of each period of
temporary leasing, which may not exceed three consecutive
years, a farmer shall, except in the event of a transfer of rights,
recover all his rights for himself, for at least two consecutive
years.
the
minimum percentage of his rights provided for paragraph 4
during each of the two years, the Member State shall, except in
exceptional and duly justified cases, withdraw and return
annually to the national reserve that part of the rights not used
by the farmer.

If the farmer does not avail himself of at

least

However, in the case of farmers participating in early retire-
ment schemes recognised by the Commission, Member States
may provide for the total duration of the temporary leasing on
the basis of such schemes to be increased.

Farmers who have undertaken to participate in an extensifica-
tion programme in accordance with the measure referred to in
Article 2(1)(c) of Council Regulation (EEC) No 2078/92 (1) or
in an extensification programme in accordance with Articles
22 and 23 of Regulation (EC) No 1257/1999 shall not be
authorised to temporarily lease and/or to transfer their rights
throughout
this
provision shall not apply in cases where the programme
permits the transfer and/or temporary leasing of rights to
farmers whose participation in measures other than those
referred to in this subparagraph requires the acquisition of
rights.

that participation. However,

the period of

The minimum percentage of use of rights to the premium

4.
shall be 70 %.

However, Member States may increase that percentage up to
100 %. They shall inform the Commission in advance of the
percentage they intend to apply.

Article 79

Transfer of rights and temporary leasing

1. Member States may lay down, on the basis of
their
production structures, a minimum number of premium rights
which may be the subject of a partial transfer not involving the
transfer of a holding. This minimum may not exceed 10
premium rights.

2.
Transfers of premium rights and temporary leasing of
such rights shall be effective only after they have been notified
to the competent authorities of
the Member State by the
farmer transferring and/or leasing the rights and by the farmer
receiving the rights.

Such notification shall take place within a deadline set by the
Member State and not
later than the date on which the
premium application period ends in that Member State, except
in those cases where the transfer takes place through an inheri-
tance. In those cases, the farmer who receives the rights shall
be in a position to furnish appropriate legal documents to
prove that he/she is the beneficiary of the deceased farmer.

3.
In the case of a transfer without a transfer of the holding,
the number of rights transferred without compensation to the
national reserve may in no case be less than one.

Article 80

Change of individual ceiling

In the case of transfers or temporary leasing of premium rights,
Member States shall set the new individual ceiling and shall
notify the farmers concerned of the number of premium rights
to which they are entitled not later than 60 days from the last
day of the period during which the producer submitted his
application.

The first paragraph shall not apply in the case where the
transfer takes effect through an inheritance as referred to in
Article 79(2).

(1) OJ L 215, 30.7.1992, p. 85.

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Article 81

Farmers who do not own the land they farm

Farmers farming only publicly or collectively owned land who
decide to stop using that land for grazing and to transfer all
their rights to another farmer shall be treated in the same way
as farmers selling or transferring their holdings. In all other
cases such farmers shall be treated in the same way as farmers
transferring their premium rights only.

Article 82

Transfer through the national reserve

Where Member States provide that the transfer of rights is to
take place via the national reserve, they shall apply national
provisions analogous to those in this Chapter. Moreover,
in
such cases:

(a) Member States may provide for temporary leasing to be

carried out via the national reserve;

(b) in the event of the transfer of premium rights or temporary
leasing pursuant to point (a), transfer to the reserve shall
not become effective until after notification by the compe-
tent authorities of the Member State to the farmer transfer-
ring and/or leasing the rights, and transfers from the
reserve to another farmer shall not become effective until
after notification to that farmer by the authorities.

In addition, the national provisions referred to in the first para-
graph shall ensure that the part of the rights not covered by
the second subparagraph of Article 117(2) of Regulation (EC)
No 1782/2003 must be offset by a payment by the Member
State corresponding to the payment which would have resulted
from a direct transfer between farmers, account being taken in
particular of the trend in production in the Member State
concerned. That payment shall be equal
to the payment
charged to a farmer who receives equivalent rights from the
national reserve.

Article 83

Calculation of individual limits

Only whole numbers shall be used in the initial calculations
and in subsequent adjustments to individual limits on premium
rights.

To that end, where the final result of the arithmetical calcula-
tions is not a whole number, the nearest whole number shall
be used. However, where the result of the calculations falls
exactly between whole numbers, the higher whole number
shall be used.

Article 84

Notification

1. Member States shall notify the Commission by 1 March
2005 at the latest of the part of the premiums rights trans-

ferred which shall be surrendered to the national reserve in
accordance Article 117(2) of Regulation (EC) No 1782/2003
and where applicable of
the measures taken under Article
117(3) of that Regulation and, before 1 January each year, of
any amendments thereto.

2.
Using the table set out in Annexes XIII and XIV, Member
States shall notify the Commission by 30 April at the latest for
each year of:

(a) the number of premium rights returned without compensa-
tory payment to the national reserve following transfers of
rights without transfers of holdings during the preceding
year;

(b) the number of unused premium rights as referred to in
Article 118(2) of Regulation (EC) No 1782/2003 trans-
ferred to the national reserve during the preceding year;

(c) the number of rights granted under Article 118(3) of Regu-

lation (EC) No 1782/2003 during the preceding year;

(d) the number of premium rights granted to farmers in less-
reserve during the
from the national

favoured areas
preceding year;

(e) the dates concerning the periods and deadlines related to
the transfers of rights and to the applications for the
premium.

SECTION 3

Additional Payments

Article 85

Additional payments

Member States applying Article 71 of Regulation (EC) No
1782/2003 shall provide information to the Commission on
their national arrangements concerning the granting of the
additional payments provided for under Article 119 of that
Regulation. Where applicable that information shall include in
particular:

(a) as regards headage payments:

(i) indicative amounts per head and grant arrangements;

(ii) an indicative forecast of

total expenditure and the

number of animals concerned;

(iii) specific stocking density requirements;

(iv) other information on the rules of application;

(b) as regards area payments, where necessary:

(i) calculation of regional base areas;

(ii) indicative amounts per hectare;

(iii) an indicative forecast of total expenditure and of the

number of hectares concerned;

(iv) other information on the rules of application;

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(c) details of other schemes that have been established to make

Article 88

additional payments.

Member States shall notify the Commission of any changes in
their national arrangements within a period of one month from
the date of any such changes.

SECTION 4

General Provisions

Article 86

Conversion into national currency

The operative event for the exchange rate to be applied to the
amount of the premiums and payments referred to in Articles
113, 114 and 119 of Regulation (EC) No 1782/2003 shall be
the commencement of the calendar year in respect of which
the premium or payment is granted.

The exchange rate to be used shall be the average of the
exchange rates applicable in the month of December preceding
the date of the operative event, calculated pro rata temporis. It
shall be fixed by the Commission during the month following
the date of the operative event.

CHAPTER 13

BEEF AND VEAL PAYMENTS

SECTION 1

Special premium

(Article 123 of Regulation (EC) No 1782/2003)

Article 87

Applications

1.
1. In addition to the requirements under the integrated
system, each application for direct payments as referred to in
Article 22 of Regulation (EC) No 1782/2003 shall contain:

(a) the breakdown of the number of animals by age bracket;

(b) a reference to the passports or administrative documents
accompanying the animals which are the subject of the
application.

2.
Applications may only be submitted in respect of animals
which on the date of commencement of the retention period
referred to in Article 90 are:

(a) in the case of bulls, not less than seven months old;

(b) in the case of steers:

(i) not less than seven months nor more than 19 months

old in the case of the first age bracket;

(ii) at least 20 months old in the case of the second age

bracket.

Grant of premium

Animals which have not qualified for the special premium
either on account of the application of the proportional reduc-
tion provided for in Article 123(4) of Regulation (EC) No 1782/
2003 or of application of the stocking density provided for in
Article 131 of that Regulation may no longer be the subject of
an application for the same age bracket and shall be considered
to have been the subject of payment of the premium.

Article 89

Passports and administrative documents

1. Where, under the conditions laid down in Article 6 of
Regulation (EC) No 1760/2000, the passport is not available, it
shall be replaced by a national administrative document as
provided for in Article 123(3)(b) of Regulation (EC) No 1782/
2003.

The competent authorities of

2.
the Member State shall
ensure that passports or administrative documents ensure that
only one premium is granted per animal and per age bracket.
Member States shall assist one another, as necessary, to this
end.

3. Member States may provide that the national administra-
tive document referred to in paragraph 1 shall take the form
of:

(a) a document accompanying each individual animal;

(b) a comprehensive list, held by the farmer, containing all the
information required for the administrative document, on
condition that the animals concerned remain, from the date
on which the first application is made, with the same
farmer until they are placed on the market for the purpose
of being slaughtered;

(c) a comprehensive list, held by the central authorities,
containing all the information required for the administra-
tive document, on condition that the Member State or
region of a Member State availing itself of this possibility
carries out on-the-spot checks on all the animals covered
by an application, checks the movements of those animals
and makes a distinctive mark on each animal checked
which the farmers shall be required to permit;

(d) a comprehensive list, held by the central authorities,
containing all the information required for the administra-
tive document, on condition that the Member State takes
the measures necessary to ensure that the premium is not
granted twice for the same age bracket and provides infor-
mation as to the premium status of each animal immedi-
ately upon request.

4. Member States which decide to avail themselves of one or
more of the possibilities provided for in paragraph 3 shall
notify the Commission thereof in due time and forward to it
the relevant implementing provisions.

For the purposes of point (c) of paragraph 3, Great Britain and
Northern Ireland alone shall be considered to be regions of a
Member State.

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Article 90

Retention period

(b) in the case of steers, for the first or second age bracket or
by combining the granting of the premiums for the two
age brackets.

The duration of the retention period referred to in Article
123(3)
(a) of Regulation (EC) No 1782/2003 shall be two
months, starting on the day following that on which the appli-
cation is submitted.

However, Member States may provide that other starting dates
may be set by the farmer on condition that they do not begin
more than two months following the day on which the applica-
tion is submitted.

Article 91

Regional ceiling

1. Where the application of
the proportional reduction
provided for in Article 123(4) of Regulation (EC) No 1782/
2003 gives a number of eligible animals which is less than a
whole number, there shall be granted in respect of the decimal
part a corresponding fraction of
the
premium. For this purpose, account shall be taken of the first
decimal place only.

the unit amount of

2. Where Member States decide to introduce different
regions within the meaning of Article 122(a) of Regulation (EC)
No 1782/2003, or to modify the existing regions within their
territory, they shall inform the Commission of their decision
before 1 January of the year concerned, giving a definition of
the region and the ceiling set. Any subsequent modification
shall be notified to the Commission before 1 January of the
year concerned.

Article 92

Limits on the number of animals per holding

1. Where Member States decide to amend the limit of 90
heads of cattle per holding and per age bracket referred to in
Article 123(1) of Regulation (EC) No 1782/2003, or to dero-
gate from it, they shall inform the Commission before 1 January
of the calendar year concerned.

Where, moreover, Member States fix a minimum number of
animals per holding, below which the proportional reduction
will not be applied, they shall inform the Commission before 1
January of the calendar year concerned.

Any subsequent amendment in the application of para-
2.
graph 1 shall be notified to the Commission before 1 January
of the year concerned.

2. Member States which decide
special
premium at the time of slaughter in accordance with paragraph
1 shall provide that the premium is also to be granted when
eligible animals are being dispatched to another Member State
or being exported to a third country.

to grant

the

3. Where Member States decide
special
premium at the time of slaughter in accordance with paragraph
1, this Section and Article 120 and Article 121(1) and (2) shall
apply mutatis mutandis to the grant of the premium.

to grant

the

In addition to the information referred to in Article
4.
121(1), aid applications shall indicate whether the animal is a
bull or a steer, and shall be accompanied by a document
containing the details required for the purposes of Article
89(2). That document shall be one of the following, at the
choice of the Member State:

(a) the passport or a copy of the passport where the type used

consists of several copies;

(b) a copy of the passport where the type of passport used
consists of one copy only which must be returned to the
competent authority for the purposes of Article 6 of Regu-
lation (EC) No 1760/2000; in that case the Member State
shall take steps to ensure that the information contained in
the copy corresponds to the original;

(c) the national administrative document where the passport is
not available, under the conditions laid down in Article 6
of Regulation (EC) No 1760/2000.

Member States may suspend the application of the national
take the
administrative document.
measures necessary to ensure that the premium is not granted
twice for the same age bracket for animals which have been
the subject of intra-Community trade.

In that case they shall

Where the computerised databases as provided for in Article
3(b) of Regulation (EC) No 1760/2000 contain, to the satisfac-
tion of the Member State, the information necessary to ensure
that one premium only is granted for each animal and each age
bracket, the aid application need not be accompanied by the
document referred to in the first subparagraph of this para-
graph.

By way of derogation from the first subparagraph of this para-
graph, where Member States apply the option referred to in the
first
take the
measures necessary to ensure that the farmer can determine the
animals for which he is requesting a special premium.

subparagraph of Article 121(2),

they shall

Article 93

Granting at the time of slaughter

In the case of bulls, proof of slaughter shall specify the

5.
carcase weight.

1. Member States may grant the special premium at the
time of slaughter as follows:

(a) in the case of bulls, for the single age bracket;

6. Where the animal is dispatched, proof of dispatch shall
be provided by means of a statement by the consignor indi-
cating the Member State of destination of the animal.

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In that case, aid applications shall include:

(a) the name and address of the consignor (or an equivalent

code);

be considered to be equal to or greater than 185 kilograms if
the live weight of the slaughtered animal was equal to or
greater than 340 kilograms.

(b) the identity number of the animal;

(c) a statement that the animal is not less than nine months

old.

Aid applications shall be submitted before the animal leaves the
territory of the Member State concerned and proof of dispatch
shall be submitted within three months from the date of the
animals leaving the territory of the Member State concerned.

Article 95

Notification

Member States shall notify the Commission before the start of
the calendar year concerned of their decision, or any amend-
ments thereto, concerning the application of Article 93 and the
relevant procedures.

Article 94

SECTION 2

Details of the grant system

Deseasonalisation premium

1.
By way of derogation from Article 90, the premium shall
be paid to farmers who have kept animals for a minimum
retention period of two months ending less than one month
before the date of slaughter or consignment or ending less than
two months before the date of export.

In the case of steers, payment of the premium shall be subject
to the following rules:

(a) the premium in respect of the first age bracket shall be
paid only if the farmer has kept the animal for a period of
not less than two months between the time when the
animal was not less than seven months old and the time
when it was less than 22 months old;

(b) the premium in respect of the second age bracket may be
paid only if the farmer has kept the animal aged not less
than 20 months for a period of not less than two months;

(c) the premiums in respect of the two age brackets may be
paid together only if the farmer has kept the animal for not
less than four consecutive months in compliance with the
age requirements laid down in points (a) and (b);

(d) the premium in respect of the second age bracket only may
be paid if the animal was dispatched from another Member
State when it had reached 19 months.

2.
In the context of calculating the stocking density provided
for in Article 131 of Regulation (EC) No 1782/2003, each
animal which is the subject of a combined application for the
two age brackets shall be taken into consideration twice.

3.
The carcase weight shall be established on the basis of a
carcase within the meaning of Article 2 of Council Regulation
(EEC) No 1208/81 (1).

Where the carcase presentation differs from that definition, the
corrective factors set out in the Annex to Commission Regu-
lation (EEC) No 563/82 (2) shall apply.

Where slaughter takes place in a slaughterhouse which is not
subject to the application of the Community grading scale for
carcases of adult bovine animals, Member States may permit
the weight to be established on the basis of the live weight of
the slaughtered animal. In such cases the carcase weight shall

(1) OJ L 123, 7.5.1981, p. 3.
(2) OJ L 67, 11.3.1982, p. 23.

(Article 124 of Regulation (EC) No 1782/2003)

Article 96

Application of the premium

The Commission shall decide, by 1 September of each calendar
year at the latest, in which Member States the deseasonalisation
premium may be granted for the following calendar year.

Member States shall inform the Commission by 1 January of
the calendar year in which the premium is granted at the latest
if
they decide to apply Article 124(3) of Regulation (EC)
No 1782/2003.

Article 97

Entitlement to the premium

The deseasonalisation premium may be granted in respect
1.
only of
special
steers which have already received the
premium, or are considered to have received the special
premium pursuant to Article 88, in a Member State applying
the deseasonalisation premium and which are slaughtered in a
Member State applying the deseasonalisation premium.

The deseasonalisation premium may be granted only to

2.
the farmer who last held the animal prior to slaughter.

Article 98

Applications

1.
The farmer shall submit an application to the competent
authority of the Member State in whose territory the holding is
situated.

The application shall be drawn up in accordance with

2.
Articles 93(4) and 121, applied mutatis mutandis.

Member States shall take the measures necessary to verify that
the special premium has been granted and shall carry out
regular, unannounced checks on the accuracy of the certificates
provided for in Article 121.

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SECTION 3

Suckler cow premium

(Articles 125 to 129 of Regulation (EC) No 1782/2003)

Article 99

Cows belonging to a meat breed

For the purposes of Articles 122(d) and 129(2) of Regulation
(EC) No 1782/2003, Cows belonging to the bovine breeds
listed in Annex XV to this Regulation shall not be considered
to be cows belonging to a meat breed.

Article 100

Maximum individual reference quantity

1. Where Member States decide to change the maximum
individual reference quantity of 120 000 kilograms referred to
in Article 125(2)(b) of Regulation (EC) No 1782/2003 or to
derogate from it, they shall inform the Commission before 1
January of the calendar year concerned.

2.
Any subsequent change in the application of paragraph 1
shall be notified to the Commission before 1 January of the
year concerned.

Article 101

Retention period

The six-month retention period provided for in Article 125(2)
of Regulation (EC) No 1782/2003 shall start on the day
following that on which the application is submitted.

Article 102

Applications

1. Without prejudice to the requirements under the inte-
grated system, where an application is made for the premium
pursuant to Article 125(2)(b) of Regulation (EC) No 1782/
2003,
the application for direct payments provided for in
Article 22 of Regulation (EC) No 1782/2003 shall contain:

(a) a statement setting out the individual reference quantity of
milk available to the producer on 31 March preceding the
beginning of the 12-month period of application of the
additional
levy scheme starting in the calendar year
concerned; where this quantity is unknown on the date on
which the application is submitted, it shall be notified to
the competent authority at the earliest opportunity;

(b) an undertaking by the farmer not to increase his individual
reference quantity above the quantitative limit laid down in
Article 125(2)(b) of Regulation (EC) No 1782/2003 during
the 12-month period starting on the date on which the
application is submitted.

Point (b) shall not apply if the Member State has abolished the
quantitative limit.

Applications shall be submitted within an overall period
2.
of six months during a calendar year, to be determined by the
Member State.

Member States may provide for separate periods for submitting
applications within that overall period.

Article 103

Average milk yield

The average milk yield shall be calculated on the basis of the
average yields set out in Annex XVI. However, for that calcula-
tion, Member States may use a document recognised by them
certifying the farmer's dairy herd's average yield.

Article 104

Additional national premium

1.
An additional national suckler cow premium as provided
for in Article 125(5) of Regulation (EC) No 1782/2003 may be
granted only to a farmer who, in respect of the same calendar
year, receives the suckler cow premium.

The additional national suckler cow premium shall be granted
only within the limit of the number of animals qualifying for
the suckler cow premium,
if appropriate after application of
the proportional reduction laid down in the second sub-
paragraph of Article 129(1) of Regulation (EC) No 1782/2003.

2. Member States may lay down additional conditions for
the grant of the additional national suckler cow premium. They
shall inform the Commission thereof in good time before those
conditions are brought into effect.

3.
The Commission shall decide by 1 September at the latest
of each calendar year which Member States fulfil the conditions
laid down in the third subparagraph of Article 125(5) of Regu-
lation (EC) No 1782/2003.

Article 105

Individual ceiling

Member States shall determine an individual ceiling per farmer
in accordance with Article 126(1) of Regulation (EC) No 1782/
2003.

Article 106

Notification

1. Member States shall notify the Commission by 1 March
2005 at the latest of any change of the procedures used to
implement the reduction of individual ceilings in accordance
with Article 126(3) of Regulation (EC) No 1782/2003.

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2. Member States shall notify the Commission:

(a) by 1 March 2005 at the latest of any change to the method
of calculating the reduction provided for in the second sub-
paragraph of Article 127(1) of Regulation (EC) No 1782/
2003;

(b) before 1 January each year, where applicable, of any
amendments to the measures taken under Article 127(2)(a)
of that Regulation.

3.
Using the table set out in Part 3 of Annex XVIII, Member
States shall notify the Commission by 1 March at the latest,
provisionally, and by 31 July at the latest, definitively, for each
calendar year of:

(a) the number of premium rights returned without compensa-
tory payment to the national reserve following transfers of
rights without transfers of holdings during the preceding
calendar year;

(b) the number of unused premium rights as referred to in
Article 109(2) transferred to the national reserve during the
preceding calendar year;

(c) the number of rights granted under Article 128(3) of Regu-
lation (EC) No 1782/2003 during the preceding calendar
year.

Article 107

Rights obtained free of charge

Except in duly justified exceptional cases, where a farmer has
obtained premium rights free of charge from the national
reserve he shall not be authorised to transfer and/or tempora-
rily lease his rights during the three following calendar years

Article 108

Use of rights

A farmer holding rights may make use of

1.
them by
availing himself of those rights and/or leasing those rights to
another producer.

2. Where a farmer has not made use of at
the
minimum percentage of his rights, fixed in accordance with
paragraph 4, during each calendar year, the part not used shall
be transferred to the national reserve, except:

least

— in the case of a farmer holding a maximum of seven
premium rights, where this farmer has not made use of the
minimum percentage of his rights, fixed it accordance with
paragraph 4, during each of two consecutive calendar years,
the part not used during the last calendar year shall be
transferred to the national reserve,

— in the case of a farmer participating in an extensification

programme recognised by the Commission,

transfer and/or temporary leasing of rights is not obliga-
tory,

or

— in exceptional and duly justified cases.

3.
Temporary leasing shall be only in respect of whole
calendar years and shall involve at least the minimum number
of animals provided for in Article 109(1). At the end of each
period of
temporary leasing, which may not exceed three
consecutive years, a farmer shall, except in the event of a
transfer of rights, recover all his rights for himself, for at least
two consecutive calendar years. If the farmer does not avail
himself of at least the minimum percentage of his rights, fixed
in accordance with paragraph 4, during each of the two years,
the Member State shall, except in exceptional and duly justified
cases, withdraw and return annually to the national reserve that
part of the rights not used by the farmer.

However, in the case of farmers participating in early retire-
ment schemes recognised by the Commission, Member States
may provide for the total duration of the temporary leasing on
the basis of such schemes to be increased.

Farmers who have undertaken to participate in an extensifica-
tion programme in accordance with the measure referred to in
Article 2(1)(c) of Council Regulation (EEC) No 2078/92 (1) or
in an extensification programme in accordance with Articles
22 and 23 of Regulation (EC) No 1257/1999 (2) shall not be
authorised to temporarily lease and/or to transfer their rights
this
throughout
provision shall not apply in cases where the programme
permits the transfer and/or temporary leasing of rights to
farmers whose participation in the measures other than those
referred to in this subparagraph requires the acquisition of
rights.

that participation. However,

the period of

4.
The minimum percentage of use of rights to the premium
shall be 70 %. However, the Member States may raise this
percentage up to 100 %.

The Member States shall inform the Commission in advance of
the percentage that they intend to apply or of any change of
this one.

Article 109

Transfer of rights and temporary leasing

1. Member States may lay down, on the basis of
their
production structures, a minimum number of premium rights
which may be the subject of a partial transfer not involving the
transfer of a holding. This minimum may not exceed five
premium rights.

2.
Transfers of premium rights and temporary leasing of
such rights shall be effective only after they have been notified
jointly to the competent authorities of the Member State by the
farmer transferring and/or leasing the rights and by the farmer
receiving the rights.

— in the case of a farmer participating in an early retirement
scheme recognised by the Commission in which the

(1) OJ L 215, 30.7.1992, p. 85.
(2) OJ L 160, 26.6.1999, p. 80.

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Such notification shall take place within a deadline set by the
Member State and not later than the date on which the farmer
receiving the rights submits his premium application, except in
those cases where the transfer of rights takes effect through an
inheritance. In that case, the farmer who receives the rights
shall be in a position to furnish appropriate legal documents to
prove that he or she is the beneficiary of the deceased farmer.

that which would have resulted from a direct transfer between
farmers, account being taken in particular of
the trend of
production in the Member State concerned. This payment shall
be equal to the payment which will be claimed from farmers
receiving equivalent rights from the national reserve.

Article 110

Change of individual ceiling

In the case of transfers or temporary leasing of premium rights,
Member States shall set the new individual ceiling and shall
notify the farmers concerned of the number of premium rights
to which they are entitled not later than 60 days from the last
day of the period during which the farmer submitted his appli-
cation.

The first paragraph shall not apply in the case where the
transfer takes effect through an inheritance.

Article 111

Farmers who do not own the land that they farm

Farmers farming only public land or collectively owned land
who decide to discontinue the farming of such land and to
transfer all their rights to another farmer shall be treated in the
same way as farmers selling or transferring their holdings. In all
other cases such farmers shall be treated in the same way as
farmers transferring their premium rights only.

Article 112

Article 113

Partial rights

1. Where calculations to be made pursuant to Articles 105
to 112 produce numbers which are not whole numbers, only
the first decimal place shall be taken into account.

2. Where application of the provisions of this Section results
in partial premium rights, either for farmers or the national
reserve, these partial rights shall be added up.

3. Where a farmer holds a partial right, this partial right
shall only confer entitlement to the corresponding fraction of
the unit amount of the premium and, where applicable, of the
additional national premium referred to in Article 104 and of
the extensification payment referred to in Article 118.

Article 114

Special scheme for heifers

1. Member States wishing to make use of the possibility
stipulated in Article 129(1) of Regulation (EC) No 1782/2003
shall inform the Commission thereof and, at the same time,
notify the Commission of the relevant data allowing estab-
lishing whether the conditions laid down in Article 129(1) of
that Regulation are met.

Transfer through the national reserve

Member States concerned shall also, where applicable, commu-
nicate the specific ceiling that they have determined.

the transfer of rights
Where Member States provide that
without transfer of the holding is to take place through the
national reserve in accordance with Article 127(2)(b) of Regu-
lation (EC) No 1782/2003, they shall apply national provisions
analogous to those set out in Articles 109 to 111. In addition,
in this event:

— Member States may provide that temporary leasing is to

take place through the national reserve;

— when premium rights are transferred, or temporarily leased
in cases where the first indent is applied, transfers to the
reserve shall be effective only after they have been notified
by the competent authorities of the Member State to the
farmer transferring and/or leasing the rights, and transfers
from the reserve to another farmer shall be effective only
after they have been notified to that farmer by these autho-
rities.

In addition, such provisions must ensure that a payment will
be made by the Member State for that part of the rights other
than the part referred to in the second subparagraph of Article
127(1) of Regulation (EC) No 1782/2003 corresponding to

The Commission shall decide which Member States meet the
conditions laid down in Article 129(1) of Regulation (EC)
No 1782/2003.

The decisions in force at the time of the entry into force of this
Regulation shall continue to apply.

2. Member States meeting the conditions laid down in
Article 129(1) of Regulation (EC) No 1782/2003 shall notify
the Commission, before 1 January of the year concerned, of
any modification of the specific national ceiling that they have
determined.

3. Member States applying the special scheme shall
lay
down criteria to ensure that the premium is paid to farmers
whose herd of heifers is intended to restock cow herds. These
criteria may include in particular an age limit and/or breed
inform the Commission
requirements. Member States shall
before 1 January of the year concerned of the criteria adopted.
Any subsequent modification shall be notified to the Commis-
sion before 1 January of the year concerned.

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4. Where the application of
the proportional reduction
referred to in the second subparagraph of Article 129(1) of
Regulation (EC) No 1782/2003 gives a number of eligible
animals which is less than a whole number, there shall be
granted in respect of the decimal part a corresponding fraction
of the unit amount of the premium and, where applicable, of
the additional national premium referred to in Article 104 and
of the extensification payment referred to in Article 118. For
this purpose account shall be taken of the first decimal place
only.

In Member States applying the special

5.
the
requirement laid down in Article 125(2) of Regulation (EC)
No 1782/2003 concerning the minimum number of animals to
be held shall be met in full either by suckler cows if the farmer
has lodged an application for suckler cows or by heifers if the
farmer has lodged an application for heifers.

scheme,

The provisions of Articles 105 to 113 shall not apply

6.
within this special scheme.

Article 115

Rounding-off of animal numbers

If the calculation of the maximum number of heifers as a
percentage as laid down in the second subparagraph of Article
125(2) of Regulation (EC) No 1782/2003 produces a result
which is not a whole number, that number shall be rounded
down to the nearest whole number if it is less than 0.5 and up
to the nearest whole number if it is 0.5 or more.

SECTION 4

Provisions common to the special premium and the suckler
cow premium

S u b - s e c t i o n 1

G e n e r a l p r o v i s i o n s

Article 116

Applications for the special premium and the suckler cow
premium

1. Member States may, for administrative reasons, provide
that aid applications for direct payments referred to in Article
22 of Regulation (EC) No 1782/2003, as regards the special
premium and the suckler cow premium,
shall be for a
minimum number of animals, provided that that number does
not exceed three.

2. Without prejudice
to Articles 102(2) and 118c(2),
Member States may determine the periods and dates for
submission of premium applications and the number of appli-
cations that farmers may submit per premium scheme and
calendar year.

Article 117

Stocking density

For each farmer who,

1.
in respect of the same calendar
year, submits an application for direct payments referred to in
Article 22 of Regulation (EC) No 1782/2003 for a special
premium or a suckler cow premium, the competent authorities
shall establish the number of LUs (livestock units) corre-
sponding to the number of animals for which a special
premium or suckler cow premium may be granted,
taking
account of the forage area of his holding.

2.
In establishing the stocking density referred to in Article
131 of Regulation (EC) No 1782/2003, the following proce-
dure shall apply:

(a) account shall be taken of the individual reference quantity
of milk available to the farmer on 31 March preceding the
beginning of the period of 12 months of application of the
additional
levy scheme beginning in the calendar year
concerned;

(b) the number of dairy cows needed to produce that reference
quantity shall be calculated in accordance with Article 103
of this Regulation.

In determining the number of animals eligible for a

3.
premium:

(a) the number of hectares determined in accordance with the
rules laid down in the integrated system shall be multiplied
by the stocking density referred to in Article 131 of Regu-
lation (EC) No 1782/2003;

(b) the number of LUs corresponding to the number of dairy
cows needed to produce the reference quantity of milk
available to the farmer shall be deducted from the figure
thus obtained;

(c) the number of LUs corresponding to the number of sheep
and/or goats for which a premium application is submitted
shall be deducted from the figure thus obtained.

figure

The final
thus obtained shall correspond to the
maximum number of LUs for which the special premium and
the suckler cow premium may be granted.

4.
The Member States shall inform each farmer concerned
of the stocking density established for him and of the resultant
number of LUs for which a premium may be granted.

S u b - s e c t i o n 2

E x t e n s i f i c a t i o n p a y m e n t s c h e m e

( A r t i c l e 1 3 2 o f R e g u l a t i o n ( E C ) N o 1 7 8 2 / 2 0 0 3 )

Article 118

Participation in the extensification payment scheme

To qualify for the extensification payment, farmers shall
1.
indicate on the application for direct payments referred to in
Article 22 of Regulation (EC) No 1782/2003 that they wish to
participate in the extensification payment scheme.

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2.
Animals which are considered to have received the
special premium within the meaning of Article 88 shall not
qualify for the extensification payment.

Article 118b

Simplified determination of stocking density

Article 118a

Determination of stocking density by way of census

In order to check that the total number of animals calcu-
1.
lated in accordance with Article 132(3)(a) of Regulation (EC)
No 1782/2003 meets the stocking density requirements laid
down in Article 132(2) of that Regulation, Member States shall
determine each year at least five census dates for the animals
and shall inform the Commission thereof.

Except in those cases where Member States decide that the
census dates may be any day of the year, the census dates shall
be distributed at random in such a way as to be representative
of the entire year, being changed annually, and each census
date shall be determined a posteriori and notified to the farmer
at the earliest two weeks after it has been determined.

2.
On census dates the animals shall be counted in accord-
ance with one of the following methods, at the choice of the
Member State:

(a) Member States may ask each farmer to declare, on the basis
of his farm register, prior to a date to be determined by the
Member State,
the number of LUs or the number of
animals of each of the two categories of bovine animals
referred to in the conversion table laid down in Article
131(2)(a) of Regulation (EC) No 1782/2003;

(b) Member States may use the computerised databases referred
to in Article 3(b) of Regulation (EC) No 1760/2000 to
determine the number of LUs on condition that those data-
bases offer,
the Member State
concerned, adequate assurances as to the accuracy of the
data they contain for the purposes of the extensification
payment scheme.

to the satisfaction of

3.
The number of LUs used to determine whether the
farmer is complying with the stocking density requirements
laid down in Article 132(2) of Regulation (EC) No 1782/2003
shall be the arithmetic average of the numbers of LUs counted
on the census dates plus the number of LUs corresponding to
the sheep and goats for which premium applications have been
submitted for the same calendar year.

However, where Member States decide that the census dates
may be any day of
the
numbers referred to in paragraph 2(a) and (b) shall be calcu-
lated pro rata temporis for the period on which the animals are
present on the holding.

they may provide that

the year,

4. Member States shall take the measures necessary to apply
Article 29 of Regulation (EC) No 1782/2003 in the case of
farmers who, by means of abnormally low stocking rates
during part of
the year, artificially create the conditions
required by Article 132 of that Regulation.

1.
By way of derogation from Article 118a, Member States
may give farmers the option of choosing a simplified scheme
for calculating the stocking density.

In that case, the farmer shall include in the aid application:

(a) a declaration that he has complied each day with the
maximum stocking density laid down in Article 132 of
Regulation (EC) No 1782/2003 up to the date of his aid
application;

(b) an undertaking to comply each day with that stocking
density between the date of his aid application and the
following 31 December.

Where the Member State concerned has chosen to apply the
second subparagraph of Article 132(2) of Regulation (EC)
No 1782/2003, the farmer shall specify on his application
which of the two maximum stocking densities he is observing.
The farmer may alter that choice before the announcement of
an on-the-spot check on the number of his animals.

The farmer may notify the competent authority of the cancella-
tion of the undertaking referred to in point (b) of the second
subparagraph before the announcement of an on-the-spot
check on the number of his animals. In that case he shall not
qualify for the extensification payment.

The declaration and undertaking provided for in the second
subparagraph shall be subject to the control and penalty provi-
sions provided for under the integrated system.

2. Where Member States choose to apply, or to cease to
apply, the option laid down in the second subparagraph of
Article 132(2) of Regulation (EC) No 1782/2003, they shall
inform the Commission of their decision before 1 January of
the calendar year concerned.

Article 118c

Farmers in mountain areas

1. Member States wishing to make use of the possibility
stipulated in Article 132(4) of Regulation (EC) No 1782/2003
shall inform the Commission thereof and, at the same time,
notify the Commission of the relevant data allowing estab-
lishing whether the conditions laid down in this Article are
met.

For the purposes of Article 132(4) of Regulation (EC) No 1782/
2003, ‘farmer in mountain area’ means one of the following:

(a) a farmer whose farm is situated in a mountain area;

(b) a farmer whose at least 50 % of his forage area is situated

in a mountain area.

The Commission shall decide which Member States meet the
conditions laid down in Article 132(4) of Regulation (EC)
No 1782/2003.

The Decisions in force at the time of the entry into force of
this Regulation shall continue to apply.

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2. Without prejudice to Article 118(1), farmers who wish to
qualify for the extensification payment under paragraph 1 of
this Article shall state on the aid application that they are
applying for the extensification payment. Farmers shall keep,
for at least six consecutive months starting on the date on
which the application referred to in Article 118 is submitted, a
number of dairy cows at least equal to the number of dairy
cows for which the extensification payment has been applied
for. That six-month retention period shall start on the day
following that on which the application is submitted.

Applications shall be submitted within an overall period of six
to be determined by the
months during a calendar year,
Member State.

Member States may provide for separate submission periods
within that overall period.

Article 118d

Maximum number of dairy cows eligible for payment

The number of dairy cows for which the extensification
payment is granted to a farmer may not exceed either of the
following two figures:

(a) the number of dairy cows needed to produce the individual
reference quantity of milk available to the farmer on 31
March preceding the beginning of the 12-month period of
application of the additional levy scheme beginning in the
calendar year concerned; that number of cows shall be
calculated using the average milk yield defined in Annex
XVI;

(b) the total number of cows on the holding, determined in
accordance with Article 118a, less the number of suckler
cows corresponding to the individual ceiling.

Article 119

General provisions

1. Member States
shall notify the Commission of any
amendment to the definition of ‘pasture land’ used for the
purposes of Article 132(3)(c) of Regulation (EC) No 1782/2003
before 1 January of the year concerned.

For

2.
the purpose of calculating the stocking density
pursuant to this Sub-section, account shall be taken of the first
two decimal places only.

3.
In the event that the competent veterinary authorities
decide that no animal may leave the production unit except for
the purpose of
livestock units
recorded on the holding shall be multiplied by the coefficient
0.8 for the purpose of applying this Sub-section.

the number of

slaughter,

That measure shall be restricted to the period, plus 20 days,
within which the decision referred to in the first subparagraph
applies, provided that the farmer has informed the competent
authority, by writing within 10 working days of the decision,
of the presence of the animals concerned and has taken all the

measures necessary to prevent and/or limit the occurrence of
the epizootic.

SECTION 5

Slaughter premium

(Article 130 of Regulation (EC) No 1782/2003)

Article 120

Member States may provide that in order to qualify for the
slaughter premium for a given calendar year each farmer shall,
before or at the same time as making the first application for
that calendar year, submit a statement of participation.

However, where the farmer makes no changes to the statement
of participation, the Member State may accept that the previous
statement remains valid.

Article 121

Applications

Aid applications shall include the information needed for
1.
in particular the date of
payment of the slaughter premium,
birth of the animal in the case of animals born after 1 January
1998.

the animal or, where the animal

Aid applications shall be submitted within a period to be deter-
mined by the Member State which may not exceed six months
following slaughter of
is
exported, after the date on which it leaves Community customs
territory, and shall expire no later than the end of February of
the following year except in exceptional cases to be decided by
the Member State concerned where animals are dispatched or
exported. Without prejudice to that time limit, the Member
States may set periods and dates for the submission of aid
applications and may determine the number of applications
that each farmer may submit per calendar year.

Member States may permit applications
to be submitted
through a person other than the farmer. In such cases the
application shall bear the name and address of the farmer who
is liable to qualify for the slaughter premium.

In addition to the requirements introduced as part of the inte-
grated system, each application shall contain:

(a) in cases where the grant is made at the time of slaughter, a
certificate from the slaughterhouse or any document
produced or endorsed by the slaughterhouse containing at
least the same information, showing:

(i) the name and address of the slaughterhouse (or an

equivalent code),

(ii) the date of slaughter and the identity and slaughter

numbers of the animal,

(iii) in the case of calves, the carcase weight, save where

Article 122(4) applies;

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(b) in cases where the animal is exported to a third country:

(i) the name and address of the exporter (or an equivalent

code),

(ii) the identity number of the animal,

(iii) the export declaration stating the age of the animal for
animals born after 1 January 1998 and, in the case of
calves, save where Article 122(4) applies,
the live
weight, which may not exceed 300 kilograms,

(iv) proof that the animal has left Community customs
territory, shown in the same manner as for an export
refund.

Member States may provide that the information referred to in
points (a) and (b) of the fourth subparagraph shall be forwarded
via a body or bodies approved by the Member State, which
may use information technology.

Member States shall carry out regular, unannounced checks on
the accuracy of the certificates or documents issued and, where
appropriate, the information referred to in the fourth sub-
paragraph.

2.
By way of derogation from paragraph 1, Member States
may provide that information on the slaughter of animals,
entered in the computerised databases referred to in Article
3(b) of Regulation (EC) No 1760/2000,
forwarded to the
competent authority by slaughterhouses shall be regarded as
applications for slaughter premiums on behalf of the farmers,
on condition that those databases offer, to the satisfaction of
the Member State, adequate assurances as to the accuracy of
the data they contain for the purposes of
the slaughter-
the payment on
premium scheme and, where applicable,
slaughter of
the additional
payments if these are paid on slaughter, and/or the deseasonali-
sation premium.

special premium and/or

the

However, Member States may provide that applications shall be
submitted. In such a case they may determine the type of infor-
mation that shall accompany the application.

Member States choosing to apply this paragraph shall inform
the Commission of any subsequent change before it is imple-
mented.

Member States shall ensure that the data made available to the
paying agency includes all the information needed to pay the
slaughter premium, in particular:

(a) the types and quantities of animals as referred to in Article
130(1) of Regulation (EC) No 1782/2003 slaughtered
during the year concerned;

(b) information regarding compliance with the age limits and
carcase weight of the animals referred to in that Article and
with the retention period referred to in Article 123 of this
Regulation;

(c) where applicable, the information needed to pay the special
premium at the time of slaughter and/or the additional
payments if these are paid on slaughter, and/or the deseaso-
nalisation premium.

3.
For animals which have been the subject of intra-Com-
munity trade after the retention period referred to in Article
123, even if the Member State where slaughter was carried out
chose to apply the derogation laid down in paragraph 2 of this
Article, the slaughterhouse shall issue the document referred to
in point (a) of the fourth subparagraph of paragraph 1 of this
Article.

However, where their data transfer systems are compatible, two
Member States may agree to apply the system described in
paragraph 2.

Member States shall assist one another to ensure effective
controls on the authenticity of documents submitted and/or the
accuracy of the data exchanged. To that end the Member State
where payment is made shall forward regularly to the Member
State where slaughter takes place a summary, grouped by
slaughterhouse, of the slaughter certificates (or information in
place thereof) received from the latter Member State.

Article 122

Weight and presentation of carcases

1.
For the purposes of Article 130(1)(b) of Regulation (EC)
No 1782/2003, veal carcases shall be presented after skinning,
evisceration and bleeding, without the head or the feet but with
the liver, kidneys and kidney fat.

The weight to be taken into consideration shall be the
2.
weight of the carcase after chilling, or the warm weight of the
carcase established as soon as possible after slaughter, reduced
by 2 %.

3. Where carcases are presented without the liver, kidneys
and/or kidney fat, their weight shall be increased by:

(a) 3.5 kilograms for the liver;

(b) 0.5 kilogram for the kidneys;

(c) 3.5 kilograms for the kidney fat.

4. Member States may provide that where a calf is less than
six months old at the time of slaughter or export, the weight
requirement referred to in Article 130(1)(b) of Regulation (EC)
No 1782/2003 shall be deemed to have been met.

the weight

Where the carcase weight cannot be established in the slaugh-
referred to in Article
requirement
terhouse,
130(1)(b) of Regulation (EC) No 1782/2003 shall be deemed to
have been met if the live weight does not exceed 300 kilo-
grams.

Article 123

Premium beneficiary

1.
The slaughter premium shall be paid to the farmer who
has held the animal for a minimum retention period of two
months ending less than one month before slaughter or ending
less than two months before export.

In the case of calves slaughtered before the age of three

2.
months, the retention period shall be one month.

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Article 124

National ceilings

1.
The national ceilings referred to in Article 130(1) and (3)
of Regulation (EC) No 1782/2003 are set out in Annex XVII to
this Regulation.

2. Where the application of
the proportional reduction
provided for in Article 130(4) of Regulation (EC) No 1782/
2003 gives a number of eligible animals which is less than a
whole number, there shall be granted in respect of the decimal
part a corresponding fraction of
the
slaughter premium. For this purpose account shall be taken of
the first decimal place only.

the unit amount of

SECTION 6

Additional payments

(Articles 133 to 136 of Regulation (EC) No 1782/2003)

Article 125

National arrangements

The detailed information about national arrangements referred
to in Article 137 of Regulation (EC) No 1782/2003 shall
include the following:

(1) For headage payments, where applicable:

(a) indicative amounts per head for each category of

animal, and grant arrangements;

(b) an indicative forecast of total expenditure for each cate-
gory of animal, specifying whether those payments will
be made in the form of a supplement to the slaughter
premium, and of the number of animals concerned;

(c) specific stocking density requirements, save in the case
to the

of payments in the form of a supplement
slaughter premium;

(d) the headage limit on male bovines per holding, where

applicable;

(e) other information on the rules of application.

The categories of animal referred to in points (a) and (b)
are bulls, steers, suckler cows, dairy cows, heifers qualifying
for the suckler cow premium, and other heifers, or any
subgroup of animals determined by the Member State and
included in those categories;

(2) For area payments, where necessary:

(a) calculation of regional base areas;

(b) indicative amounts per hectare;

SECTION 7

General provisions

Article 126

Payment of advances

1.
In accordance with Article 28(3)(b) of Regulation (EC)
No 1782/2003, on the basis of the results of administrative
checks and on-the-spot checks, the competent authority shall
pay to the farmer, for the number of animals deemed to be
eligible, an advance equal to 60 % of the special premium, the
suckler cow premium and the slaughter premium.

In the case of the special premium, the special scheme for
heifers referred to in Article 114 and the slaughter premium,
the advance percentage may be reduced by the Member States
but may not be less than 40 %.

In addition, on the basis of administrative and on-the-spot
checks, Member States may decide to pay farmers an advance
of a maximum 60 % on the amount of the additional payments
referred to in Article 133 of Regulation (EC) No 1782/2003.

The advance may not be paid before 16 October of
the
calendar year in respect of which the premium is applied for or
the additional payment is granted.

2.
The definitive payment of the premium or the additional
payment shall be an amount equal to the difference between
the advance payment and the amount of the premium or the
additional payment to which the farmer is entitled.

Article 127

Allocation year

The date of submission of the application shall constitute
1.
the operative event for determining the year to which animals
covered by the special premium, suckler cow premium, desea-
sonalisation premium and extensification payment schemes are
allocated and the number of LUs to be used for calculating the
stocking density.

However, if the special premium is granted in accordance with
Article 93, the amount of the premium applicable shall be that
in force on 31 December of the year in which slaughter or
export took place in the following cases:

(a) where the animal was slaughtered or exported no later than

31 December;

(b) where the premium application for that animal is submitted

after that date.

(c) an indicative forecast of total expenditure and of the

number of hectares concerned;

(d) other information on the rules of application.

As regards the slaughter premium, for the purposes of
2.
applying the rate of aid and calculating the proportional reduc-
tion in accordance with Article 124, the allocation year shall
be the year of slaughter or export.

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Article 128

Conversion into national currency

Article 131

Notification

Conversion into national currency of premium amounts, the
extensification payment and the additional payments shall be
carried out in accordance with the average, calculated pro rata
temporis, of the exchange rates applicable in the month of
December preceding the allocation year determined in accord-
ance with Article 127. The average exchange rate shall be fixed
by the Commission during the following month.

Article 129

Penalties

for

the illegal use or holding of certain

substances or products

In the event of repeated infringements through the illegal use
or holding of substances or products not authorised by the rele-
vant Community regulations in the veterinary sector, Member
States shall determine,
in the light of the seriousness of the
infringement, the length of the exclusion from the aid schemes
pursuant
to the second subparagraph of Article 140(1) of
Regulation (EC) No 1782/2003.

Article 130

Determination of the individual reference quantity of milk

Up to the end of the 11th period laid down in Article 1 of
Regulation (EC) No 1788/2003, by way of derogation from
Articles 102(1)(a), 117(2)(a) and 118d(a) of this Regulation, a
Member State may decide that in the case of milk farmers who
release or take over all or part of individual reference quantities
with effect on 31 March or 1 April respectively in accordance
with Article 5(j) and (k) of Regulation (EC) No 1788/2003 or
pursuant to national provisions adopted for the implementation
of Articles 16, 17 and 18 of that Regulation, the following
shall be determined on 1 April:

(a) the maximum individual reference quantity of milk avail-
able to qualify for the suckler cow premium and the
maximum number of suckler cows;

(b) grants of additional payments per head for dairy cows;

(c) the number of dairy cows with a view to the granting of
the extensification payment for dairy cows kept on hold-
ings located in mountain areas;

(d) the stocking density.

Article 130a

Determination of retention periods

The last day of the retention periods referred to in Articles 90,
94(1), 101, 118c(2) and 123 shall be the day, whether a
working day or not, preceding the day which bears the same
number as the starting day for the period.

In the event of application of Article 68(1) of Regulation
the Member States shall notify the

1.
(EC) No 1782/2003,
Commission:

(a) annually by 15 September at the latest for information
relating to the first six months of the current year, and 1
March for information relating to the second six months of
the previous year, of the number of calves in respect of
which the slaughter premium has been applied for and
indicating whether
slaughtered or
exported;

animals were

the

(b) by 31 July at the latest in each year and for the preceding

calendar year of:

(i) the number of calves for which the slaughter premium
was actually granted and indicating whether the aid was
granted on slaughter or on export, as well as the
number of farmers concerned;

(ii) the number of calves in respect of which the slaughter
premium has not been granted in respect of
the
preceding calendar year due to the application of
national ceilings.

2.
In the event of application of Article 68(2)(a)(i) and (ii) of
Regulation (EC) No 1782/2003, the Member States shall notify
the Commission:

(a) annually by 15 September at the latest for information
relating to the first six months of the current year, and 1
March for information relating to the second six months of
the previous year, of:

(i) the number of cows in respect of which the suckler
cow premium has been applied for, broken down
according to the
referred to in Article
schemes
125(2)(a) and (b) of Regulation (EC) No 1782/2003;

(ii) the number of bovine animals other than calves in
respect of which the slaughter premium has been
applied for and indicating whether the animals were
slaughtered or exported;

(b) by 31 July at the latest in each year and for the preceding

calendar year of:

(i) the number of cows and heifers for which the suckler
cow premium was actually granted, broken down
according to the schemes
referred to in Article
125(2)(a) and (b) of Regulation (EC) No 1782/2003, as
well as the number of farmers concerned in the case of
each scheme;

(ii) where applicable, the number of animals for which the
premium was not granted in respect of the preceding
calendar year due to application of the specific national
ceiling for heifers.

(iii) where applicable, the grant of any national premium
in addition to the suckler cow premium, indicating:

— the conditions for granting the premium,

— the amount granted per animal;

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(iv) the number of bovine animals other than calves for
which the slaughter premium was actually granted and
indicating whether the aid was granted on slaughter or
on export, as well as the number of farmers concerned;

choice made as regards the partial implementation of the single
payment scheme, after application of the reduction laid down
in the second paragraph of Article 139 of Regulation (EC)
No 1782/2003.

(v) the number of bovine animals other than calves in
respect of which the slaughter premium has not been
granted in respect of the preceding calendar year due
to the application of national ceilings.

3.
In the event of application of Article 68(2)(b)(i) of Regu-
lation (EC) No 1782/2003, the Member States shall notify the
Commission:

(a) annually by 15 September at the latest for information
relating to the first six months of the current year, and 1
March for information relating to the second six months of
the previous year, of the number of bovine animals other
than calves in respect of which the slaughter premium has
been applied for and indicating whether the animals were
slaughtered or exported.

(b) by 31 July at the latest in each year and for the preceding

calendar year of:

(i) the number of bovine animals other than calves for
which the slaughter premium was actually granted and
indicating whether the animals were slaughtered or
exported, as well as the number of farmers concerned;

(ii) the number of bovine animals other than calves in
respect of which the slaughter premium has not been
granted in respect of the preceding calendar year due to
the application of national ceilings.

4.
In the event of application of Article 68(2)(b)(ii) of Regu-
lation (EC) No 1782/2003, the Member States shall notify the
Commission:

(a) annually by 15 September at the latest for information
relating to the first six months of the current year, and 1
March for information relating to the second six months of
the previous year, of the number of male bovines in respect
of which the special premium has been applied for, broken
down by age bracket and type of animal (bull or steer);

(b) by 31 July at the latest in each year and for the preceding

calendar year:

(i) of the number of male bovines for which the special
premium was actually granted, broken down by age
bracket and type of animal
(bull or steer), and the
number of farmers concerned;

(ii) of the number of animals broken down by age bracket
for which the special premium was not granted in
respect of the preceding calendar year due to the appli-
cation of the regional ceiling.

5. Member States shall notify the Commission by 31 July at
the latest in each year and for the preceding calendar year of
the amounts of the premiums actually paid, according to the

In the event of application of Article 71 of Regulation
the Member States shall notify the

6.
(EC) No 1782/2003,
Commission:

(a) where applicable, annually by 15 September at the latest
for information relating to the first six months of
the
current year, and 1 March for information relating to the
second six months of the previous year, of the number of
animals for which the deseasonalisation premium was actu-
ally granted, broken down according to whether they bene-
fited from the first or second tranche of
the special
premium, and the number of farmers corresponding to
each of the two age brackets;

(b) by 31 July at the latest in each year and for the preceding

calendar year of:

(i) the number of male bovines, broken down according
to the limits laid down in Article 132(2) of Regulation
(EC) No 1782/2003,
for which the extensification
payment was actually granted, as well as the number
of farmers concerned, shown separately in accordance
with those limits;

(ii) the number of cows and heifers, broken down
according to the limits laid down in Article 132(2) of
Regulation (EC) No 1782/2003 for which the extensifi-
cation payment was actually granted, as well as the
number of
farmers, shown separately according to
those limits;

(iii) the number of dairy cows for which the extensification

payment was actually granted;

(iv) the number of animals for which the premium not
affected by stocking density was actually granted, and
the number of farmers concerned.

7. Member States shall communicate the details specified in
this Article using the tables set out in Annexes XVIII and XIX.

SECTION 8

Transitional and final provisions

Article 132

Transitional provisions

The requirement to identify and register animals laid down in
Article 138 of Regulation (EC) No 1782/2003 shall apply, for
animals born before 1 January 1998, in accordance with the
procedure laid down in Council Directive 92/102/EEC (1), save
in the case of animals which are the subject of intra-Com-
munity trade.

(1) OJ L 355, 5.12.1992, p. 32

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Article 133

lation (EC) No 796/2004 for the purposes of applying that
Regulation.

Provisions applicable in the transitional period referred to
in Article 71 of Regulation (EC) No 1782/2003

Without prejudice of the other Articles of this Chapter, Articles
96, 97, 98, 117 to 119 and 125 shall apply in the calendar
years 2005 and 2006 as far as Member States decide to make
use of the possibility provided for in Article 71 of Regulation
(EC) No 1782/2003.

CHAPTER 14

Single Area Payment Scheme

(Article 143b of Regulation (EC) No 1782/2003)

Article 134

Minimum size of eligible area per holding

The minimum size of eligible area per holding for which
payments may be requested at a level higher than 0.3 ha, as
provided for in Article 143b(5) of Regulation (EC) No 1782/
2003, is set out in Annex XX.

Article 135

Agricultural areas

The agricultural areas under the single area payment scheme,
as provided for in Article 143b(4) of Regulation (EC) No 1782/
2003, are set out in Annex XXI.

Article 136

Application of Regulation (EC) No 796/2004

Without prejudice to the third subparagraph of Article 143b
(6) of Regulation (EC) No 1782/2003, Regulation (EC) No 796/
2004 shall apply to the single area payment scheme except for
Article 6(3), Article 7, Article 8(2)(b) and (c), Article 12(1)(c)
and (2), Article 13(2) to (8), Article 14 (2) and (3), Articles 16
and 17, Article 21(3), Article 24(1)(b),
(d) and (e), Article
26(1)(a), (b) and (c) and (2)(b), (c) and (d), Article 27(2)(g), (h),
(i) and (j), Article 28(1)(d), Article 30(3), Article 31, Articles 34
to 40, Article 49(2) and (3), Article 50(2), (4), (5) and (6), Arti-
cles 51 to 64, Article 69 and Article 71(1) thereof.

Article 137

Single area payment application

1.
The single area payment application shall be treated as a
single application within the meaning of Article 2 (11) of Regu-

The single area payment application shall

2.
indicate the
areas eligible in accordance with the conditions referred to in
Article 143b(5) of Regulation (EC) No 1782/2003.

Article 138

Reductions and exclusions in respect of eligibility condi-
tions

1.
Except in cases of force majeure or exceptional circum-
stances as defined in Article 72 of Regulation (EC) No 796/
2004, where, as a result of an administrative or on-the-spot
check, it is found that the established difference between the
area declared and the area determined, within the meaning of
point (22) of Article 2 of Regulation (EC) No 796/2004,
is
more than 3 % but no more than 30 % of the area determined,
the amount
to be granted under the single area payment
scheme shall be reduced, for the year in question, by twice the
difference found.

If the difference is more than 30 % of the area determined, no
aid shall be granted for the year in question.

the difference is more than 50 %,

If
the farmer shall be
excluded once again from receiving aid up to an amount which
corresponds to the difference between the area declared and
the area determined. That amount shall be off-set against aid
payments to which the farmer is entitled in the context of
applications he lodges in the course of the three calendar years
following the calendar year of the finding.

2. Where differences between the area declared and the area
determined result from irregularities committed intentionally,
the aid to which the farmer would have been entitled shall not
be granted for the calendar year in question.

Moreover, where that difference is more than 20 % of the area
determined,
the farmer shall be excluded once again from
receiving aid up to an amount which corresponds to the differ-
ence between the area declared and the area determined. That
amount shall be off-set against aid payments to which the
farmer is entitled in the context of applications he lodges in the
course of the three calendar years following the calendar year
of the finding.

3.
For the purpose of establishing the area determined
within the meaning of point (22) of Article 2 of Regulation
(EC) No 796/2004, Article 143b(5) and the first subparagraph
of Article 143b(6) of Regulation (EC) No 1782/2003 and
Article 137 of this Regulation shall apply.

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CHAPTER 15

CHAPTER 16

COMPLEMENTARY NATIONAL DIRECT PAYMENTS

(Article 143c of Regulation (EC) No 1782/2003)

USE OF LAND SET ASIDE FOR THE PRODUCTION OF RAW
MATERIALS

Article 139

Coefficient of reduction

Where in a given sector the complementary national direct
payments would exceed the maximum level authorised by the
Commission in accordance with Article 143c(7) of Regulation
(EC) No 1782/2003, the rate of complementary national direct
payments of the concerned sector shall be reduced proportion-
ally by application of a coefficient of reduction.

Article 140

Controls and sanctions

1.
Regulation (EC) No 796/2004 shall apply to the comple-
mentary national direct payment co-financed in accordance
with Article 33h of Regulation (EC) No 1257/1999.

2.
In case of no co-financing, new Member States concerned
shall apply appropriate control measures in order to ensure
that the conditions for the granting of the complementary
national direct payments, defined by the Commission authori-
sation in accordance with Article 143c(7) of Regulation (EC)
No 1782/2003, are complied with.

Article 141

Communications

New Member States shall submit a report providing informa-
tion on the measures for the implementation of the comple-
mentary national direct payments before 30 June of the year
following their implementation. The report shall cover at least
the following:

(a) any changes in the situation affecting the complementary

national direct payments;

(b) for each complementary national direct payment,

the
numbers of beneficiaries, hectares or units of payment paid;

(c) a report on controls and sanctions applied in accordance

with Article 140.

Article 142

State aid

Complementary National Direct Payments paid not in confor-
mity with the authorisation by the Commission referred to in
Article 143c(6) of Regulation (EC) No 1782/2003 shall be
considered as unlawful State aid within the meaning of Council
Regulation (EC) No 659/1999 (1).

SECTION 1

Object and definitions

Article 143

Purpose

Land set aside in the context of

the direct support
1.
schemes provided for in Regulation (EC) No 1782/2003 may
be used, in accordance with Article 55(b) and the first indent of
Article 107(3) thereof, for producing raw materials for the
manufacture within the Community of products not primarily
intended for human or animal consumption, under the condi-
tions laid down in this Chapter.

No payment shall be made in respect of set-aside land on
2.
Jerusalem artichokes or chicory roots are
which sugarbeet,
grown. However, all the provisions of this Chapter shall apply
to these crops grown on land set aside in the same way as if
such a payment were made.

These raw materials may be grown on set-aside land provided
that:

(a) the sugarbeet does not serve for the production of sugar, as
defined by Commission Regulation (EC) No 314/2002 (2),
either as an intermediate product, co-product or by-
product;

(b) the chicory roots and Jerusalem artichokes do not undergo
the process known as hydrolysis as defined by Regulation
(EEC) No 314/2002, either in their natural state or as an
intermediate product such as inuline, or as a co-product
such as oligofructose, or as any by-products.

Article 144

Definitions

For the purposes of this Chapter:

(a) ‘applicant’ means a farmer using the land set aside in
accordance with Article 55(b) and the first indent of Article
107(3) of Regulation (EC) No 1782/2003;

(b) ‘collector’ means any person signing a contract as provided
for in Article 147 who purchases on his own account raw
materials listed in Article 145 and intended for the uses
provided for in Annex XXIII;

(c) ‘first processor’ means any user of agricultural raw materials
who undertakes the first processing thereof with a view to
obtaining one or more of the products referred to in Annex
XXIII to this Regulation.

(1) OJ L 83, 27.3.1999, p. 1

(2) OJ L 50, 21.2.2002, p. 40

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SECTION 2

Contract

Article 145

Use of raw material

1.
Any agricultural raw material may be grown on the areas
set aside pursuant to Article 55(b) and the first indent of
Article 107(3) of Regulation (EC) No 1782/2003.

The economic value of
the products used for non-food
purposes referred to in Annex XXIII to this Regulation obtained
by processing raw materials shall be higher than that of all
other products intended for other uses and obtained by such
processing, as determined by the valuation method set out in
Article 163(3) of this Regulation.

The raw materials referred to in paragraph 1 shall be
2.
covered by a contract in accordance with Article 147 of this
Regulation, without prejudice to Article 148.

3.
Applicants shall deliver all raw materials harvested to a
collector or first processor who shall take delivery of them and
ensure that an equivalent quantity of such raw materials is used
within the Community for the manufacture of one or more
end products intended for non-food purposes as listed in
Annex XXIII.

Where the first processor uses the raw material actually
harvested to manufacture an intermediate product or a by-
product, he may use an equivalent quantity of such inter-
mediate products or by-products to manufacture one or more
end products as referred to in the first subparagraph.

In the case referred to in the second subparagraph, or where
the collector sells an equivalent quantity of the raw material
harvested, the first processor or the collector shall so inform
the competent authority with whom the security is lodged.
Where such equivalent quantity is used in a Member State
other than that in which the raw material
is harvested, the
competent authorities of the Member States concerned shall
inform each other of the details of such transaction.

4.
In accordance with the national provisions governing
contractual relations, the first processor may delegate to a third
from the farmer
party the collection of
applying for the aid. The processor remains solely responsible
with regard to the obligations laid down by this Chapter.

the raw material

Article 146

Derogations

Notwithstanding Article 145(2) and (3), Member States

1.
may permit applicants to:

(a) use all

the cereals or oilseeds covered by CN codes
1206 00 91

1205 90 00,

1201 00 90,
1206 00 91 and 1206 00 99 harvested:

1205 10 90,

(i) as fuel for heating their agricultural holding;

(ii) for the production on the holding of power or biofuels;

(b) process into biogas falling within CN code 2711 29 00, on

their holdings, all raw materials harvested.

2.

In the cases referred to in paragraph 1, applicants shall:

(a) undertake, by way of a declaration in place of the contract
referred to in Article 147, to use or process directly the
raw material covered by the declaration; Articles 147 to
164 shall apply mutatis mutandis;

(b) have all the raw material harvested weighed by a body or
an undertaking designated by the Member State and keep
separate accounts for
the raw material used and the
products and by-products resulting from its processing;
however, in the case of cereals and oilseeds, and of straw,
is used, weighing may be
and where the entire plant
replaced by volumetric measurement of the raw material.

3. Member States applying paragraph 1 shall
introduce
adequate control measures to ensure that the raw material is
used directly on the holding or is processed into biogas falling
within CN code 2711 29 00.

4.
Cereals and oilseeds used in accordance with paragraph
1(a) shall be denatured in accordance with the method laid
down by the Member State. The Member States may, however,
authorise the oil produced by processing oilseeds in accordance
with paragraph 1(a)(ii) to be denatured instead of the oilseeds
themselves, provided that such denaturing takes place immedi-
ately after the seeds are processed into oil and that the use to
which the seeds are put is checked.

Article 147

Contract

In support of

1.
their aid applications, applicants shall
submit to their competent authorities the contracts they have
concluded with a collector or a first processor. However,
Member States may decide that
the contract may only be
concluded between an applicant and a first processor.

Applicants shall ensure that such contracts specify the

2.
following:

(a) the names and addresses of the parties to the contract;

(b) the duration of the contract;

(c) the species of all raw materials concerned and the area

planted with each species;

(d) any conditions applicable to the delivery, and for oilseeds
the forecast quantities, deemed representative by the
competent authority, of the raw material in question;

(e) an undertaking to fulfil their obligations pursuant to Article

145(3);

(f) the intended primary end uses for the raw material, each
end use complying with the conditions laid down in Arti-
cles 145(1) and 163(3).

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3.
Applicants shall ensure that the contracts are concluded
in time to allow collectors or first processors to deposit a copy
with their competent authorities within the time limits laid
down in Article 157(1).

2.
On the basis of the information provided pursuant to
paragraph 1, the Commission shall calculate the forecast total
quantity of by-products for human or animal consumption,
expressed in terms of soya bean meal equivalent applying the
following coefficients:

4.
For the purposes of control, Member States may require
each applicant to conclude a single supply contract for each
raw material.

5. Where contracts relate to rapeseed, colza seed, sunflower
seed or
soya beans covered by CN codes 1205 10 90,
1205 90 00, 1206 00 91, 1206 00 99 or 1201 00 90, appli-
cants shall ensure that, in addition to the information required
under paragraph 2, they specify the total forecast quantity of
by-products intended for uses other than human or animal
consumption, expressed by species in both cases.

The quantities shall be calculated on the basis of the following
ratios:

(a) 100 kilograms of rapeseed and/or colza seed covered by
CN code 1205 10 90 or 1205 90 00 shall be deemed
equivalent to 56 kilograms of by-products;

(b) 100 kilograms of sunflower seed covered by CN codes
1206 00 91 or 1206 00 99 shall be deemed equivalent to
56 kilograms of by-products;

(c) 100 kg of soya beans covered by CN code 1201 00 90

shall be deemed equivalent to 78 kg of by-products.

Article 148

Raw materials which need not be covered by contracts

By way of derogation from Article 147, the raw materials listed
in Annex XXII need not necessarily be covered by contracts.

To qualify for payments, applicants wishing to use land set
aside for growing these raw materials shall submit a written
declaration with their payment applications to the competent
authorities in their Member States, to the effect that the raw
materials concerned will only be used or sold for purposes in
accordance with Annex XXIII.

Article 149

Soya bean meal equivalents for oleaginous by-products

The competent authorities concerned shall

inform the
1.
Commission, as soon as possible and not later than 30 June of
the year in which the raw materials are to be harvested, of the
total quantity, by species, of by-products intended for human
or animal consumption and resulting from the contracts as
referred to in Article 147, covering rapeseed, colza seed,
sunflower seeds and soya beans falling within CN codes
1205 10 90,
or
1201 00 90, and the area by species of these oilseeds.

1205 90 00,

1206 00 91,

1206 00 99

— soya cake: 48 %

— colza cake: 32 %

— sunflower cake: 28 %.

If, as a result of the calculation made pursuant to the first sub-
paragraph, the Commission finds that there is an overrun of
the 1 million tonnes ceiling for by-products intended for
human or animal consumption, it shall fix, as soon as possible
and not later than 31 July of the year in which the raw mate-
rials are to be harvested, the percentage reduction to be applied
to each contract, for the purpose of calculating the maximum
quantity of by-products for human or animal consumption.

SECTION 3

Amendment and termination of contracts

Article 150

Amendment and termination of contracts

Where the parties to a contract amend or terminate the
contract after applicants have lodged an aid application, appli-
cants may maintain such aid applications only on condition
that, with a view to allowing the requisite inspections to be
carried out, they inform their competent authorities of such
amendment or termination, no later than the closing date set in
the Member State concerned for amendment of the application.

Article 151

Exceptional circumstances

Without prejudice to Article 150, where applicants inform
their competent authorities that, owing to exceptional circum-
stances, they will be unable to supply all or part of the raw
materials specified in the contract, the competent authorities
may, after obtaining sufficient evidence of such exceptional
circumstances, authorise such amendments to contracts as
appear justified, or may authorise their termination.

Where the land covered by a contract is reduced as a result of
amendments thereto, or where a contract is terminated, then,
in order to maintain their right to payments, applicants shall:

(a) once more set aside the land in question by any means

permitted by the competent authorities;

(b) abstain from selling, transferring or using raw materials

grown on land struck out of the contracts.

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Article 152

Changes in end uses

Without prejudice to Article 150, collectors or first processors
may alter the intended primary end uses of raw materials, as
referred to in Article 147(2)(f), once the raw materials under
contract have been delivered to them and once the conditions
laid down in Article 154(1) and the first subparagraph of
Article 157(3) have been fulfilled.

Changes in end uses shall be made in compliance with the
conditions laid down in the second subparagraph of Article
145(1) and Article 163(3).

The collectors or first processors shall give prior notice to their
competent authorities with a view to the requisite controls.

SECTION 4

Representative yields and quantities delivered

Article 153

Representative yields

Each year the Member States shall establish, using an appro-
priate procedure, representative yields which must be attained,
and shall inform the applicants concerned thereof.

However,
exempt from the representative yields.

the raw materials listed in Annex XXII may be

Article 154

Quantities to be delivered

1.
Applicants shall declare the total quantity of raw mate-
rials harvested by species to their competent authorities and
shall confirm the quantities of raw materials delivered and the
parties to whom such deliveries are made.

2.
The actual quantities to be delivered by the applicants to
the collectors or first processors must at least correspond to the
representative yield.

However,
in duly justified cases, the Member States may, by
way of an exception, accept a quantity up to 10 % below the
representative yield.

Furthermore, where the competent authorities have authorised
the amendment or termination of contracts in accordance with
Article 151, they may, where it seems justified to do so, reduce
the quantities that applicants are required to deliver under the
first subparagraph.

SECTION 5

Conditions of payment of the aid

Article 155

Payment

1.
The aid may be paid to applicants before the raw material
is processed. However, such payments shall only be made

where the requisite quantities of raw materials pursuant to this
Chapter have been delivered to the collector or first processor
and where:

(a) the declaration provided for in Article 154(1) has been

made;

(b) a copy of the contract has been deposited with the collec-
tor's or first processor's competent authority in accordance
with Article 158(1) and the conditions referred to in Article
145(1) have been fulfilled;

(c) the competent authority has received proof that the full
security provided for in Article 158(2) has been lodged;

(d) the competent authority responsible for the payment has
checked that the conditions laid down in Article 147 have
been met in respect of each application.

In the case of biennial crops, where the raw materials are
2.
harvested, and hence delivered,
in the course of the second
year of cultivation only, payment shall be made in each of the
two years following the conclusion of the contract as provided
for in Article 147, on condition that the competent authorities
establish that:

(a) the obligations referred to in paragraph 1(b), (c) and (d) of
this Article are fulfilled as from the first year of cultivation;
and

(b) the obligations l referred to in paragraph 1(a) are fulfilled,
and the information referred to in the first subparagraph of
Article 157(3) is communicated, in the second year of culti-
vation.

In respect of the first year of cultivation, payments shall be
made only if the competent authorities have received proof
that
the security provided for in Article 158(2) has been
lodged. In respect of the second year of cultivation, payment
may be made without the security being lodged.

3.
the
In the case of permanent or multiannual crops,
payment of the aid shall be made each year from the date of
conclusion of the contract. The conditions laid down in para-
graph 2 shall be applied mutatis mutandis.

SECTION 6

Obligations on collectors and applicants

Article 156

Number of processors

Non-food products shall be produced at the most by a third
successive processor.

Article 157

Obligations

1.
Collectors or first processors shall deposit a copy of the
contract with their competent authorities under a timetable to
be established by the Member State concerned and no later
than the closing date for the submission of aid applications for
the year in question in the Member State concerned.

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Where applicants and collectors or first processors amend or
terminate contracts prior to the date referred to in Article 150
in a given year, the collectors or first processors shall deposit
with their competent authorities a copy of the amended or
terminated contract, no later than that date.

2.
First processors shall provide their competent authorities
with the requisite information on the processing chain in ques-
tion, in particular as regards prices and the technical processing
coefficients to be used for determining the quantities of end
products that may be obtained as referred to in the second sub-
paragraph of Article 164(2).

Collectors or first processors who have taken over the
3.
raw materials from applicants shall
inform their competent
authorities of the quantities of raw materials received, speci-
fying the species, the name and address of the party to the
contract who delivered the raw materials, the place of delivery
and the contract reference, within a time limit to be set by the
Member States that allows the payments to be made within the
period specified in Article 28 of Regulation (EC) No 1782/
2003.

Where the Member States of the collectors or first processors
are not the same as the Member States in which the raw mate-
rials have been grown, the competent authorities concerned
shall inform the competent authorities of the applicants of the
total quantities of raw materials delivered within 40 working
days of receipt of the information referred to in the first sub-
paragraph.

SECTION 7

Securities

Article 158

Securities lodged by collectors or first processors

1.
Collectors or first processors shall lodge a full security as
provided for in paragraph 2 with their competent authorities
by the closing date for submission of payment applications for
the year in question in the Member State concerned.

2.
The securities to be lodged in respect of each raw material
shall be calculated by multiplying the sum of all areas covered
by a contract
first processor
signed by the collector or
concerned and used to produce that raw material by the rate of
EUR 250 per hectare.

3. Where contracts are amended or terminated in accord-
ance with Articles 150 or 151, the securities lodged shall be
adjusted accordingly.

(a) that the quantity of raw material

in question has been
processed in accordance with the uses referred to in Article
147(2)(f), account being taken, where necessary, of any
changes pursuant to Article 152; and

(b) where contracts relate to rapeseed, colza seed, sunflower
seed or soya beans covered by CN codes 1205 00 90,
1206 00 91, 1206 00 99 or 1201 00 90 and the procedure
laid down in the second subparagraph of Article 149(2)
applies, that the quantity of by-products in excess of the
maximum quantity for human or animal consumption has
found outlets other than the feed or foodstuffs markets.

5. Without prejudice to paragraph 4, where the security has
been lodged by the collector, it shall be released once the raw
material in question has been delivered to the first processor,
provided that the collector's competent authority has proof that
the first processor has lodged an equivalent security with their
competent authority.

Article 159

Primary and subordinate requirements

The

following obligations

1.
constitute primary
requirements within the meaning of Article 20 of Regulation
(EEC) No 2220/85:

shall

(a) the obligation to process the quantities of raw materials
principally into the end products specified in the contract.
The raw materials shall be processed by 31 July of the
second year following that of harvest;

(b) the obligation to find, before the date referred to in point
(a), outlets other than the feed or foodstuffs markets for the
quantities of by-products in excess of the maximum quan-
tity for human or animal consumption, where the proce-
dure provided for in the second subparagraph of Article
149(2) of this Regulation applies;

(c) the obligation that products be accompanied by a T5
control copy in accordance with Articles 160 and 161 of
this Regulation.

The following obligations,

2.
incumbent on collectors or
processors, shall constitute subordinate requirements within the
meaning of Article 20 of Regulation (EEC) No 2220/85:

(a) the obligation to take delivery of all raw materials delivered
by applicants pursuant to Article 145(3) of this Regulation;

(b) the obligation to deposit copies of contracts in accordance

with Article 157(1) of this Regulation;

(c) the obligation to provide the information required in
accordance with the first subparagraph of Article 157(3) of
this Regulation;

4.
A percentage of the security shall be released for each
raw material on condition that the competent authority of the
collector or first processor concerned is in possession of proof:

(d) the obligation to lodge a security in accordance with

Article 158(1) of this Regulation.

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SECTION 8

— Izmantot pārstrādei vai piegādei

saskaņā ar Komisijas

Regulas (EK) Nr. 1973/2004 147. panta nosacījumiem

Documents for sale in, transfer to, or delivery to another
Member State or export

— Naudoti perdirbimui arba pristatymui pagal Komisijos regla-

mento (EB) Nr. 1973/2004 147 straipsnio nuostatas

Article 160

T5 control copy

1. Where processors sell or transfer to processors in other
Member States intermediate products covered by contracts as
provided for in Article 147, the products shall be accompanied
by T5 control copies issued in accordance with Regulation
(EEC) No 2454/93.

— A Bizottság 2004/1973/EK rendelete szerint feldolgozásra,

vagy átadásra használandó

— Te gebruiken voor verwerking of aflevering overeenkomstig
artikel 147 van Verordening (EG) nr. 1973/2004 van de
Commissie

— Do wykorzystania w procesie przetwórstwa bądź do
dostawy zgodnie z postanowieniami zawartymi w art. 147
rozporządzenia Komisji (WE) nr 1973/2004

— A utilizar para transformação ou entrega em conformidade
com o artigo 147 do Regulamento (CE) n.o 1973/2004 da
Comissão

Where collectors sell or transfer to first processors established
in other Member States raw materials covered by contracts, the
first subparagraph shall apply.

— Na spracovanie alebo dodávku v súlade s článkom 147

nariadenia Komisie (ES) č. 1973/2004

One of the following shall be entered under ‘Other’

2.
box 104 of the T5 control copy:

in

— Producto destinado a su transformación o entrega de
acuerdo con lo establecido en el articulo 147 del Regla-
mento (CE) no 1973/2004 de la Comisión;

— Použito pro zpracování nebo dodávku v souladu s

článkem 147 nařízení Rady (ES) 1973/2004

— Skal anvendes til forarbejdning eller levering i overensstem-
melse med artikel 147 i Kommissionens forordning (EF)
nr. 1973/2004

— Zur Verarbeitung oder Lieferung gemäß Artikel 147 der
Verordnung (EG) Nr. 1973/2004 der Kommission zu
verwenden

— Προς χρήση για µεταποίηση ή παράδοση σύµφωνα µε το άρθρο
147 του κανονισµού (ΕΚ) αριθ. 1973/2004 της Επιτροπής

— To be used for processing or delivery in accordance with
Article 147 of Commission Regulation (EC) No 1973/2004

— Se uporablja za predelavo ali dostavo v skladu s členom

147 Uredbe Komisije (ES) št. 1973/2004

— Käytetään jalostamiseen tai

toimittamiseen komission

asetuksen (EY) N:o 1973/2004 147 artiklan mukaisesti

— Används till bearbetning eller leverans i enlighet med artikel

147 i kommissionens förordning (EG) nr 1973/2004.

Article 161

T5 control copy for export

Where one or more end products, intermediate products, co-
products or by-products covered by contracts as provided for
in Article 147 are intended for export to third countries, a T5
control copy shall be drawn up by the competent authority of
the Member State in which those products are obtained to
cover their transport within the Community.

— Kasutamiseks töötlemisel või tarnimisel vastavalt komisjoni

määruse (EÜ) nr 1973/2004 artiklile 147

One of the following shall be entered under ‘Other’ in box 104
of the T5 control copy:

— À utiliser pour transformation ou livraison conformément
(CE) no

aux dispositions de l'article 147 du règlement
1973/2004 de la Commission

— Este producto no podrá acogerse a ninguna de las medidas
previstas en el apartado 2 del artículo 1 del Reglamento
(CE) no 1258/1999 del Consejo

— Da consegnare o trasformare conformemente all'articolo
147 del regolamento (CE) n. 1973/2004 della Commissione

— Pro tento produkt nemůže být poskytnuto financování

podle čl. 1 odst. 2 nařízení (ES) č. 1258/1999 Rady

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— De finansieringsforanstaltninger, der er omhandlet i artikel
1, stk. 2, i Rådets forordning (EF) nr. 1258/1999, kan ikke
anvendes på dette produkt

— Dieses Erzeugnis kommt für keine Finanzierungen gemäß
Artikel 1 Absatz 2 der Verordnung (EG) Nr. 1258/1999 des
Rates in Betracht

— Το προϊόν αυτό δεν µπορεί να τύχει καµιάς από τις χρηµατο-
δοτήσεις που προβλέπονται στο άρθρο 1 παράγραφος 2 του
κανονισµού (ΕΚ) αριθ. 1258/1999 του Συµβουλίου

— This product shall not qualify for any benefit pursuant to
Article 1(2) of Council Regulation (EC) No 1258/1999

— Kõnealuse

toote

(EÜ)
nr 1258/1999 artikli 1 lõikele 2 vastavaid soodustusi ei
anta.

nõukogu määruse

puhul

— Ce produit ne peut pas bénéficier des financements prévus
à l'article ler, paragraphe 2, du règlement (CE) no 1258/1999
du Conseil

— Questo prodotto non può beneficiare delle misure di cui
regolamento (CE) n.

all'articolo 1, paragrafo 2 del
1258/1999 del Consiglio

— Šis

produkts nevar

saņemt
Nr. 1258/1999 1. panta 2. punktā noteikto finansējumu

Padomes Regulas

(EK)

— Šiam produktui netaikoma jokia išmoka pagal Tarybos
reglamento (EB) Nr. 1258/1999 1 straipsnio 2 punktą.

— Ez a termék nem jogosult az 1258/1999/EK tanácsi
rendelet 1. cikkének (2) bekezdése szerinti semmilyen ellá-
tásra

— Dit product komt niet in aanmerking voor financieringen
lid 2, van Verordening (EG)

zoals bedoeld in artikel 1,
nr. 1258/1999 van de Raad

— Ten produkt nie kwalifikuje się do finansowania przewid-
zianego w art. 1 ust. 2 rozporządzenia Rady (WE)
nr 1258/1999

— O presente produto não pode beneficiar de medidas ao
abrigo do n.o 2 do artigo 1.o do Regulamento (CE) n.o
1258/1999 do Conselho

— Tento produkt nie je oprávnený na financovanie uvedené v
odseku 2 článku 1 nariadenia Rady (ES) č. 1258/1999

— Ta proizvod ni upravičen do financiranja iz člena 1(2)

Uredbe Sveta (ES) št. 1258/1999

— Tähän tuotteeseen ei sovelleta neuvoston asetuksen (EY) N:o
1258/1999 1 artiklan 2 kohdan mukaisia toimenpiteitä

— De åtgärder som avses i artikel 1.2 i rådets förordning (EG)

nr 1258/1999 kan inte användas för denna produkt.

products or by-products covered by contracts as provided for
in Article 147 would attract export refunds if
they were
obtained from raw materials grown otherwise than under this
scheme.

Article 162

Alternatives to the T5 control copy

Notwithstanding Article 159(1)(b), if the T5 control copy is not
returned to the office of departure of the body responsible for
control in the Member State in which the collector or the first
processor is established two months after expiry of the deadline
provided for in Article 159(1)(a), as a result of circumstances
for which the first processor is not responsible, the following
documents may be accepted as alternatives to the T5 control
copy:

(a) purchase invoices for the intermediate products;

(b) statements by the final processor verifying final processing

into non-food products;

(c) certified photocopies from the final processor of accounting
documents proving that processing has been carried out.

SECTION 9

Checks

Article 163

Record keeping

The competent authority of

1.
the Member State shall
specify the records to be kept by collectors or processors and
the frequency thereof, which shall be at least monthly.

In the case of collectors, such records shall include at least the
following information:

(a) the quantities of all raw materials purchased and sold for

processing under this scheme;

(b) the names and addresses of the first processors.

In the case of processors, such records shall include at least the
following information:

(a) the quantities of different raw materials purchased for

processing;

(b) the quantities of raw materials processed and the quantities
and types of end products, co-products and by-products
obtained therefrom;

(c) wastage during processing;

The first and second subparagraphs shall apply only where end
intermediate products, co-
products listed in Annex XXIII,

(d) the quantities destroyed and the reasons for such destruc-

tion;

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(e) the quantities and types of products sold or transferred by

the processor and the prices obtained;

rely mainly on the coefficients generally accepted by the
processing industry.

(f) where applicable, the names and addresses of the subse-

quent processors.

The competent authority of

the collector or the first
2.
the contract submitted complies
processor shall check that
with the conditions laid down in Article 145(1). Where those
conditions are not met, the applicant's competent authorities
shall be notified.

3.
For the processing operations referred to in Article 146,
checks shall be carried out on 10 % of applicants selected on
the basis of a risk analysis taking account of:

(a) aid amounts;

(b) the number of agricultural parcels and the area covered by

an aid application;

3. With a view to calculating the economic value of the
products referred to in Article 145(1), the competent authori-
ties concerned shall, on the basis of the information referred to
in Article 157(2), compare the sum of the values of all non-
food products with the sum of the values of all other products
intended for other uses and obtained from the same processing
operation. Each value shall equal the relevant quantity multi-
plied by the average of the ex-factory prices recorded during
the previous marketing year. Where such prices are not avail-
able, the competent authorities shall determine the relevant
prices, in particular on the basis of the information referred to
in Article 157(2).

Article 164

Checks at the premises of collectors and processors

1.
The competent authorities of the Member States in which
collectors are located shall carry out checks on the premises of
at least 25 % of the collectors established in their territory,
selected on the basis of a risk analysis. These shall comprise
physical checks and inspections of commercial documents,
with a view to verifying consistency between the purchases of
raw materials and the corresponding deliveries.

2.
The competent authorities of the Member States in which
processing takes place shall verify compliance with Article
least 25 % of the processors
146(1) at the premises of at
located in their territory, selected on the basis of a risk analysis.
Such checks shall involve at least:

(a) a comparison of the sum of the values of all the non-food
products with the sum of the values of all other products
intended for other uses and obtained from the same proces-
sing operation;

(b) analysis of the processor's production system, comprising
physical checks and inspections of commercial documents,
with a view to verifying,
in the case of processors, that
deliveries of raw materials, end products, co-products and
by-products tally.

For the purpose of the checks referred to in point (b) of the
first subparagraph, the competent authorities shall base them-
selves in particular on the technical processing coefficients for
the raw materials concerned. Where such coefficients exist for
exports in Community legislation, they shall be applied. Where
they do not but other coefficients do exist in Community legis-
lation, they shall be applied. In all other cases, inspection shall

(c) developments since the previous year;

(d) the findings of checks made in past years;

(e) other parameters to be defined by the Member States, based
on the representativeness of the declarations submitted.

4. Where the checks referred to in paragraph 3 reveal irre-
gularities in at least 3 % of cases, the competent authority shall
carry out additional checks during the year and shall conse-
quently increase the percentage of farmers to be subject to an
on-the-spot check the following year.

5.
If it has been provided that certain elements of the checks
referred to in paragraphs 1, 2 and 3 may be carried out on the
basis of a sample, that sample must guarantee a reliable and
representative level of inspection.

6.
Every on-the-spot check shall be the subject of an inspec-
tion report signed by the inspector giving the details of the
checks carried out. The reports shall indicate in particular:

(a) the date of the check;

(b) the persons present;

(c) the period checked;

(d) the checking techniques used including, where applicable,

reference to sampling methods;

(e) results of the check.

Article 165

Production of hemp

The provisions relating to hemp referred to in Article 29 of
Regulation (EC) No 795/2004 and in Article 33 of Regulation
(EC) No 796/2004 shall apply.

Article 166

Additional measures and mutual assistance

take all

The Member States

1.
further measures
shall
required for the proper application of this Chapter and shall
give the mutual assistance needed for the purposes of checks
required pursuant to this Chapter. Where this Chapter does not
provide for appropriate reductions and exclusions, the Member
States may apply appropriate national sanctions against market
participants involved in the procedure for granting aid.

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2.
As far as necessary or as required by this Chapter, the
Member States shall assist one another mutually to ensure
effective checks, and enable the authenticity of documents
submitted and the accuracy of the data exchanged to be veri-
fied.

SECTION 10

Exclusion from the scheme and notifications

Article 167

Exclusion of raw materials from the scheme

The Member States may exclude any agricultural raw material
from the scheme established by this Chapter where such mate-
rials raise difficulties from the viewpoint of controls, public
health, the environment, criminal law, or a reduced rate of final
non-food products.

Article 168

Minimum area

Member States may fix a minimum cultivated area for each raw
material referred to in Article 145(1).

a) they have been planted at a uniform density of at least
1 500 plants per hectare in the case of double stringing/
wiring, or 2 000 plants per hectare in the case of single
stringing/wiring;

b) they have undergone normal tending operations.

An area ‘planted with hops’ as referred to in the second
2.
indent of Article 110o of Regulation (EC) No 1782/2003 shall
mean the area bounded by a line joining the outer stays of the
poles. Where there are hop plants on that line, an additional
strip of a width corresponding to the average width of an
alleyway within that parcel shall be added to each side of that
area. The additional strip must not form part of a public right
of way. The two headlands at the ends of the hop rows that are
needed for manoeuvring agricultural machinery are included in
the area, provided that the length of neither headland exceeds
eight metres and they do not form part of a public right of
way.

Areas planted with young hop plants grown chiefly as

3.
nursery products are not eligible for the additional payment.

4.
The total sum available for additional payments shall be
distributed evenly over the eligible areas planted with hops on
the territory of the Member State concerned.

Article 169

Notifications

Article 171

Payments to recognised hop producer groups

The Member States shall forward to the Commission, before 15
October of the year following the end of the year in question,
the following information:

(a) the areas which result from the contracts referred to in
Article 147 and the declarations referred to in Articles
146(2) and 148, for each raw material;

(b) the quantities of each type of raw material, end product,
by-product and co-product obtained, with details of the
type of raw material used;

(c) the measures taken under Article 146;

1.
Recognised producer groups shall apply for the payment
referred to in the second paragraph of Article 68a of Regu-
lation (EC) No 1782/2003 not later than 1 September of the
year of the harvest.

The sum paid to the recognised producer group shall be
2.
committed for the measures laid down in Article 7(1)(a) to (d)
of Regulation (EEC) No 1696/71 within 3 years from the date
of payment. Any amount not committed within this period
shall be paid back to the paying agency and deducted from the
expenditure financed under the EAGGF Guarantee Section.

(d) the raw materials excluded from the scheme under Article

167;

(e) the minimum areas fixed in accordance with Article 168.

3.
Aid withheld in respect of the harvests preceding the
2005 harvest in conformity with Article 12(5)(c) of Regulation
(EEC) No 1696/71 shall be spent before 31 December 2008.

CHAPTER 17

HOPS AREA AID

Article 170

A Member State making payments

4.
to recognised
producer groups shall send on an annual basis a report to the
the payment by the producer
Commission on the use of
groups recognised by it, including a description of the measures
laid down in Article 7(1)(a) to (d) of Regulation (EEC) No 1696/
71 financed by means of the payment. The report shall be sent
by 30 June of each year at the latest.

Additional payment to hop farmers

1.
The additional payment referred to in the second para-
graph of Article 68a of Regulation (EC) No 1782/2003 shall be
granted to farmers producing hops on a per hectare basis for
the areas respecting the conditions laid down in Article 110o
of that Regulation, provided that:

5.
The total sum available in a given Member State as
payments to recognised producer groups referred to in the
second paragraph of Article 68a of Regulation (EC) No 1782/
2003 shall be distributed to those groups in proportion to the
areas respecting the conditions in Article 170 of this regulation
for which their members have submitted an application
pursuant to Title II of part II of Regulation (EC) No 796/2004.

20.11.2004

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Official Journal of the European Union

L 345/53

CHAPTER 18

FINAL PROVISIONS

Article 172

Repeals

1.
Regulations (EEC) No 1686/72, (EEC) No 1445/76, (EC)
No 1644/1996, (EC) No 2316/1999, (EC) No 2461/1999, (EC)
No 2550/2001, (EC) No 2199/2003 and (EC) No 2237/2003
are repealed with effect from 1 January 2005.

However they shall continue to apply to aid applications
relating to the 2004/2005 marketing year or premium period
and previous marketing years or premium periods. In the event
of application of Article 66 or Article 71 of Regulation (EC)
No 1782/2003, Articles 20(2)
to (5) of Regulation (EC)
No 2316/1999 shall remain applicable until the expiration of
the farmers' undertakings.

2.
Regulation (EC) No 2342/1999 is repealed with effect
from 1 January 2005. It shall remain applicable to applications
submitted in respect of the year 2004.

3.
Regulation (EC) No 609/1999 is repealed with effect from
1 January 2005. However, it shall continue to apply to applica-
tions for direct payments in respect of the 2004 harvest and of
the harvest 2005 in the event of application of Article 71(1) of
Regulation (EC) No 1782/2003.

References to the repealed acts shall be construed as refer-

4.
ences to this Regulation.

Article 173

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

It shall apply to aid applications relating to marketing years or
premium period starting from 1 January 2005, with the excep-
tion of Article 10 which shall apply from the date of the entry
into force of this Regulation.

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

Done at Brussels, 29 October 2004

For the Commission

Franz FISCHLER

Member of the Commission

L 345/54

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Official Journal of the European Union

20.11.2004

ANNEX I

TEST FOR BITTER LUPINS REFERRED TO IN ARTICLE 2(5)

To be performed on a sample of 200 grains taken from a batch of 1 kg from each lot of 20 t maximum.

The test is intended solely to provide qualitative evidence of the presence of bitter grains in the sample. The homoge-
neity tolerance is 1 grain per 100. Use the Grain-Cut method according to Von Sengbusch (1942), Ivanov and Smirnova
(1932) and Eggebrecht (1949). Cut the dry or swollen grains crosswise. Place the half-grains in a sieve and dip in an
iodine solution for ten seconds, then rinse under water for five seconds. The cut surfaces of bitter grains turn brown
while those low in alkaloids remain yellow.

To prepare the iodine solution, dissolve 14 g of potassium iodate in as little water as possible, add 10 g of iodine and
dilute to 1 000 cm3. Leave the solution to stand for one week before use. Store in brown bottles. Dilute the stock solu-
tion to three to five times its initial volume before using.

20.11.2004

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Official Journal of the European Union

L 345/55

ANNEX II

CROP-SPECIFIC PAYMENT FOR RICE

Calculation of the coefficient of reduction referred to in Article 13

1. For the observation of a possible overrun of the base area referred to in Article 82 of the Regulation (EC) No 1782/
2003, the competent authority of the Member State shall take into account, on the one hand, the base areas or sub-
base areas, fixed in Article 81 of that Regulation, and on the other hand, the total of the areas for which aid applica-
tions have been submitted for these base areas and sub-base areas.

2. In establishing the total area for which aid applications have been submitted, account shall not be taken of applica-

tions or parts of applications that a check has shown to be clearly unjustified.

3. If an overrun is observed for certain base areas or sub-base areas, the Member State shall establish for these, the
percentage of overrun, calculated with two decimal places according to the deadline fixed in Article 18(2) of this
Regulation. When an overrun can be foreseen, the Member State shall inform the producers forthwith.

4. The coefficient of reduction of the crop-specific payment for rice shall be calculated, in accordance with Article 82 of

Regulation (EC) No 1782/2003, according to the following formula:

Reduction coefficient = reference area of the sub-base area divided by the total area for which aid applications have
been submitted for this sub-base area.

The reduced crop-specific payment for rice shall be calculated according to the following formula:

Reduced crop-specific aid for rice = crop-specific aid for rice multiplied by the reduction coefficient.

This reduction coefficient and this reduced crop-specific payment for rice shall be calculated for each sub-base area,
after application of the redistribution provided for in Article 82(2) of Regulation.(EC) No 1782/2003. Redistribution
shall be done to the profit of the sub-base areas for which limits have been exceeded. It shall be done proportionally
to the overruns noted in the sub-base areas for which limits have been exceeded.

L 345/56

EN

Official Journal of the European Union

20.11.2004

ANNEX III

CROP-SPECIFIC PAYMENT FOR RICE

A. Area sown for which an aid has been applied (provisional data).

Information referred to in Article 14(1)(a)

area sown for which an
aid has been applied
(in hectares) (**)

percentage overrun

Marketing year: 2.../2… Member State: ……

(for France only) base area: ……

sub-area

reference area
(in hectares) (*)

Name of sub-area 1

Name of sub-area 2

Name of sub-area 3

…..

TOTAL

(*) Article 81 of Regulation (EC) No 1782/2003.
(**) Article 80(1) of Regulation (EC) No 1782/2003.

variety

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

20.11.2004

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Official Journal of the European Union

L 345/57

B. Area sown for which an aid has been applied (definitive data).

Information referred to in Article 14(1)(b)

area sown for which an
aid has been applied
(in hectares) (**)

percentage overrun

Marketing year: 2.../2… Member State: ……

(for France only) base area: ……

sub-area

reference area
(in hectares) (*)

Name of sub-area 1

Name of sub-area 2

Name of sub-area 3

…..

TOTAL

(*) Article 81 of Regulation (EC) No 1782/2003.
(**) Article 80(1) of Regulation (EC) No 1782/2003.

variety

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

L 345/58

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Official Journal of the European Union

20.11.2004

area sown for which an
aid has been paid
(in hectares)

specific aid paid (EUR/
ha) (**)

C. Area sown for which an aid has been paid.
Information referred to in Article 14(1)(c)

Marketing year: 2.../2… Member State: ……

(for France only) base area: ……

sub-area

reference area (in
hectares) (*)

Name of sub-area 1

Name of sub-area 2

Name of sub-area 3

…..

variety

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

Variety 1

Variety 2

Variety 3

Variety 4

Variety 5

…..

TOTAL

TOTAL

(*) Article 81 of Regulation (EC) No 1782/2003.
(**) Article 82 of Regulation (EC) No 1782/2003 and Annex II to this Regulation.

20.11.2004

EN

Official Journal of the European Union

L 345/59

ANNEX IV

referred to in Articles 54(3) and 59(1)

BASE AREAS

Region

All crops

of which maize

of which silage grass

(1 000 ha)

BELGIUM

Total

of which: Flanders-Brussels

DENMARK

GERMANY

Schleswig-Holstein

Hamburg

Lower Saxony

Bremen

North Rhine-Westphalia

Rhineland-Palatinate

Hessen

Baden-Württemberg

Bavaria

Saarland

Berlin

Brandenburg

Mecklenburg-Western Pomerania

Saxony

Saxony-Anhalt

Thuringia

GREECE

SPAIN

Regadío

Secano

FRANCE

Total

Base area for maize

Irrigated base area

IRELAND

ITALY

LUXEMBOURG

NETHERLANDS

AUSTRIA

489,5

96,4

2 018,6

10 159,4 (1)

540,3 (3)

506,2

5,1

1 424,7

1,8

948,5

368,6

461,4

735,5

1 776,0

36,6

2,9

889,6

968,2

599,0

880,9

554,4

122,1

418,2

1 491,7

222,1

1 371,1

7 849,0

13 582,1

1 209,7 (2)

345,6

5 801,2

42,8

441,7

1 203,5

403,4

613,8 (2)

0,2

400,8

208,3

L 345/60

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Official Journal of the European Union

20.11.2004

Region

All crops

of which maize

of which silage grass

(1 000 ha)

PORTUGAL

Azores

Madeira

— Regadío

— Other

Continental

— Regadío

— Other

FINLAND

SWEDEN

UNITED KINGDOM

England

Scotland

Northern Ireland

Wales

9,7

0,31

0,30

293,4

622,7

1 591,5

1 737,1

3 794,6

551,6

52,9

61,4

0,29

221,4

33,2 (3)

1,2 (1)

200,0

130,0

(1) Where Article 102(5) of Regulation (EC) No 1782/2003 is applied.
(2)
(3) With the exception of sweetcorn.

Including 284 000 ha irrigated maize.

20.11.2004

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Official Journal of the European Union

L 345/61

ANNEX V

referred to in Article 56(1)(b)

Varieties of flax grown for fibre eligible for arable crops area payments

Adélie

Agatha

Alba

Alizée

Angelin

Argos

Ariane

Artemida

Aurore

Belinka

Bonet

Caesar Augustus

Diane

Diva

Drakkar

Electra

Elise

Escalina

Evelin

Exel

Hermes

Ilona

Jitka

Jordan

Kastyciai

Laura

Liflax

Liviola

Loréa

Luna

Marina

Marylin

Melina

Merkur

Modran

Nike

Opaline

Rosalin

Selena

Super

Tabor

Texa

Venica

Venus

Veralin

Viking

Viola

L 345/62

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Official Journal of the European Union

20.11.2004

ANNEX VI

referred to in Articles 59(4) and 69(2)

20.11.2004

EN

Official Journal of the European Union

L 345/63

ANNEX VII

Fodder legume referred to in Article 67

CN code

0713 90

Vicia spp. excluding Vicia faba and Vicia sativa, harvested at full maturity

Vicia sativa other than harvested at full maturity

ex 1209 29 50

Lupinus spp. other than sweet lupins

ex 1214 90 99

Medicago spp.
Trifolium spp.
Lathyrus spp.
Melilotus spp.
Onobrychis spp.
Ornithopus sativus
Hedysarum coronarium
Lotus corniculatus
Galega orientalis
Trigonella foenum-graecum
Vigna sinensis

L 345/64

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Official Journal of the European Union

20.11.2004

ANNEX VIII

CROPS REFERRED TO IN ARTICLE 57

Crop

Member State

Region

All eligible crops

Estonia
Finland

Sweden

Sweetcorn
Hemp grown for fibre

All Member States

Whole territory
Whole territory

Whole territory

Whole territory

20.11.2004

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Official Journal of the European Union

L 345/65

ANNEX IX

INFORMATION TO BE COMMUNICATED TO THE COMMISSION

referred to in Article 69(1)

The information is to be presented in the form of a series of tables drawn up in accordance with the model described
below:
— a first set of tables giving information at production region level within the meaning of Article 103 of Regulation

(EC) No 1782/2003,

— a second set of tables giving information in respect of each base area region within the meaning of Annex IV to this

Regulation,

— a single table summarising the information for each Member State.

The tables are to be sent in hard copy and in computerised form.
Formulae for areas:: 5 = 1 + 2 + 3 + 4

10 = 7 + 8 + 9

16 = 17 + 18

21 = 5 + 10 + 11 + 12 + 13 + 14 + 15 + 16 + 20

Notes:
Each table must quote the region in question.
The yield is that used for calculating arable crops area payments in accordance with Chapter 10 of Title IV of Regulation
(EC) No 1782/2003.
The distinction between ‘irrigated’ and ‘non-irrigated’ land should only be made in the case of regions containing both.
In that case:
(d) = (e) + (f)

(j) = (k) + (l)

Line 1 relates only to durum wheat eligible for the supplement to the area payment provided for in Article 105(1) of
Regulation (EC) No 1782/2003.
Line 2 relates only to durum wheat eligible for the special aid provided for in Article 105(3) of Regulation (EC) No 1782/
2003.
Line 19 relates only to areas set aside or afforested under Articles 22, 23, 24 and 31 of Regulation (EC) No 1257/1999
and counting as arable land set aside under Article 107(8) of Regulation (EC) No 1782/2003.
Line 20 corresponds to the areas referred to in Article 102(3) of Regulation (EC) No 1782/2003.
Information must also be forwarded in respect of producers not applying for the per-hectare aid under the arable crops
area payment (Chapter 10 of Title IV of Regulation (EC) No 1782/2003). This information, to be given under ‘Other’ in
columns ‘m’ and ‘n’, mainly relates to arable crops declared as forage areas for the purposes of obtaining premiums for
the production of beef/veal and sheepmeat.
Line 23 relates to land set aside for the production of non-food crops and on which no payments are made under the
rules implementing the first indent of Article 107(3) of Regulation (EC) No 1782/2003 (e.g. sugarbeet, Jerusalem arti-
chokes and chicory roots).
Line 24 relates to land set aside and used for growing fodder legumes in accordance with the second indent of Article
107(3) of Regulation (EC) No 1782/2003.

Name of region: …………

DATA

Application > 92 tonnes

Application < 92 tonnes

Total number of applications =

Total number of applications =

CROP

no

Yield (tonnes/hectare)

Area (hectares)

Yield (tonnes/hectare)

Area (hectares)

Date: ……………………

Other

Total number of
applications =

Yield
(tonnes/
hectare)

Area
(hectares)

Total

non-
irriga-ted

Irriga-ted

Total

non-
irriga-ted

Irriga-ted

Total

non-
irriga-ted

Irriga-ted

Total

non-
irriga-ted

Irriga-ted

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

Durum wheat, Article 105(1)

Durum wheat, Article 105(3)

Maize (separate base area)

Other Cereals

Total cereals

— of which silage

Soya beans

Rapeseed

Sunflower

Total oilseeds

Total protein plants

Total linseed

Total flax grown for fibre

Total hemp grown for fibre

1

2

3

4

5

6

7

8

9

10

11

12

13

14

L

3
4
5
/
6
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

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

i

.

2
0
1
1
2
0
0
4

.

Application > 92 tonnes

Application < 92 tonnes

Total number of applications =

Total number of applications =

CROP

no

Yield (tonnes/hectare)

Area (hectares)

Yield (tonnes/hectare)

Area (hectares)

Other

Total number of
applications =

Yield
(tonnes/
hectare)

Area
(hectares)

Total

non-
irriga-ted

Irriga-ted

Total

non-
irriga-ted

Irriga-ted

Total

non-
irriga-ted

Irriga-ted

Total

non-
irriga-ted

Irriga-ted

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

Silage grass

Total set-aside (Article 107)

— of which compulsory set-aside

— of which voluntary set-aside,
Article 107(6)

— of which set-aside not paid,
Article 107(8)

Arable crops declared as fodder
areas for premiums for bovine
animals and sheep

Total

Non food set-aside

— of which not paid

Set-aside used for fodder legumes

15

16

17

18

19

20

21

22

23

24

.

2
0
1
1
2
0
0
4

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

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

i

L

3
4
5
/
6
7

L 345/68

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Official Journal of the European Union

20.11.2004

ANNEX X

AREAS ELIGIBLE FOR RECEIVING THE GOAT PREMIUM

1. Germany: all mountain areas within the meaning of Article 18 of Regulation (EC) No 1257/99.

2. Greece: the whole country. (*)

3. Spain: the autonomous regions of Andalusia, Aragon, the Balearic Islands, Castile-La Mancha, Castile-Leon, Cata-
lonia, Extremadura, Galicia (with the exception of the provinces of Coruña and Lugo), Madrid, Murcia, La Rioja and
Comunidad Valenciana and the Canary Islands (*) and all mountain areas within the meaning of Article 18 of Regu-
lation (EC) No 1257/99 situated outside these regions.

4. France: Corsica, the overseas departments (*) and all mountain areas within the meaning of Article 18 of Regulation

(EC) No 1257/99 situated outside these regions.

5. Italy: Lazio, Abruzzo, Molise, Campania, Apulia, Basilicata, Calabria, Sicily and Sardinia and all mountain areas

within the meaning of Article 18 of Regulation (EC) No 1257/99 situated outside these regions.

6. Cyprus: the whole country.

7. Austria: all mountain areas within the meaning of Article 18 of Regulation (EC) No 1257/99.

8. Portugal: the whole country, with the exception of the Azores (*).

9. Slovenia: the whole country.

10. Slovakia: all mountain areas within the meaning of Article 18 of Regulation (EC) No 1257/99.

(*) The French overseas departments, Madeira, the Canary and Aegean Islands shall be considered as excluded from this Annex in the
event of application of the optional exclusion provided for in Article 70(1)(b) of Regulation (EC) No 1782/2003 by the interested
Member State.

20.11.2004

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Official Journal of the European Union

L 345/69

ANNEX XI

APPLICATIONS FOR EWE AND SHE-GOAT PREMIUMS

MEMBER STATE. . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

YEAR . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

DATE . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

TRANSMISSION DEADLINE: 31 JULY EACH YEAR

Type of female

Non-milking
ewes

Milking ewes

She-goats

Total females

Number of applications (1)

Total number of
per farmer claim (2)

females declared

10/20 (3)

Number of premiums claimed

21/50

51/100

101/500

501/1000

+1 000

TOTAL

of which
with
premium
supple-
ment (4)

(1) For example, in a mixed farm having non-milking ewes and goats there will be a ‘1’ in the cells of this line concerning non-milking
ewes and goats - also in the column ‘total females’ - and a ‘0’ in the cell for milking ewes. This implies that in this row the column
‘total females’ may have a value which is lower than the sum of the other three figures of the row.

(2) The row to be used (size of the flock) has to be based on the total of females. For the rows of this heading the column ‘total females’

must be equal to the sum of the number of ‘non-milking ewes’, ‘milking ewes’ and ‘she-goats’ of the three previous columns.

(3) Under Regulation 1782/2003 it is not possible to introduce a claim for less than 10 ewes and/or goats.
(4)

In accordance with Articles 4 and 5 of this Regulation (Less Favoured Areas).

L 345/70

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Official Journal of the European Union

20.11.2004

ANNEX XII

PAYMENTS FOR EWE AND SHE-GOAT PREMIUMS

MEMBER STATE. . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

YEAR . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

DATE . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

TRANSMISSION DEADLINE: 31 JULY EACH YEAR

Type of female

Non-milking
ewes

Milking ewes

She-goats

Total females or
amount

Number of premiums
paid
(Heads)

Number of additional
payments per head
(*)

xxxxxxx

xxxxxxx

xxxxxxx

AMOUNTS PAID
(EUR)

Number of supple-
mentary premiums
(**)

Number of ewe or
goat premiums

Amounts of addi-
tional payments
other than per
head (*)

Amounts of addi-
tional payments per
head (*)

Amounts of supple-
mentary premiums
(**)

Amounts of ewe or
goat premiums

TOTAL

xxxxxxx

xxxxxxx

xxxxxxx

xxxxxxx

xxxxxxx

xxxxxxx

(*) Where Article 71 of Regulation (EC) No 1782/2003 applies (transitional period).
(**) In accordance with Articles 72 and 73 of this Regulation (Less Favoured Areas).

20.11.2004

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Official Journal of the European Union

L 345/71

ANNEX XIII

OPERATION OF THE NATIONAL RESERVE

MEMBER STATE. . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

YEAR . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

DATE . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

TRANSMISSION DEADLINE: 30 APRIL EACH YEAR

Transfers of rights during the year indicated above

Number of premium rights

(a) Balance of the national reserve at the beginning of the year (= end of

the previous year)

WITHOUT

RETURNED
COMPENSATORY
PAYMENT
TO
NATIONAL RESERVE

(b)

Following transfer of rights without
transfer of holdings

THE

(c) From unused premium rights (insuffi-

cient usage)

(d) TOTAL = (b) + (c)

(e) Rights allocated

(f) Rights granted to farmers in less favoured areas

(g) Balance of the national reserve at the end of the year = (a) + (d) — (e)

L 345/72

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Official Journal of the European Union

20.11.2004

PERIODS AND DEADLINES RELATED TO TRANSFERS OF RIGHTS AND PREMIUM APPLICATIONS

ANNEX XIV

MEMBER STATE. . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

YEAR . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

DATE . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . .

TRANSMISSION DEADLINE: 30 APRIL EACH YEAR

Deadline for permanent transfers of rights

Deadline for temporary leasing of rights

Final date

Initial date

XXXXX

XXXXX

Period of application for rights from the national reserve

Deadline for attributing rights from the national reserve

XXXXX

Period of application for the premium

Period of retention

20.11.2004

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Official Journal of the European Union

L 345/73

— Angler Rotvieh (Angeln) — Rød dansk mælkerace (RMD)

LIST OF BOVINE BREEDS REFERRED TO IN ARTICLE 99

ANNEX XV

— Ayrshire

— Armoricaine

— Bretonne Pie-noire

— Fries-Hollands (FH), Française frisonne pie noire (FFPN), Friesian-Holstein, Holstein, Black and White Friesian, Red
and White Friesian, Frisona española, Frisona Italiana, Zwartbonten van België/Pie noire de Belgique, Sortbroget
dansk mælkerace (SDM), Deutsche Schwarzbunte, Schwarzbunte Milchrasse (SMR)

— Groninger Blaarkop

— Guernsey

— Jersey

— Malkeborthorn

— Reggiana

— Valdostana Nera

— Itäsuomenkarja

— Länsisuomenkarja

— Pohjoissuomenkarja.

L 345/74

EN

Official Journal of the European Union

20.11.2004

ANNEX XVI

AVERAGE MILK YIELD REFERRED TO IN ARTICLE 103

(kilograms)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

5 450

6 800

5 800

4 250

4 650

5 550

4 100

5 150

5 700

6 800

4 650

5 100

6 400

7 150

5 900

20.11.2004

EN

Official Journal of the European Union

L 345/75

NATIONAL CEILINGS FOR THE SLAUGHTER PREMIUM REFERRED TO IN ARTICLE 124(1) APPLICABLE
FROM 1 JANUARY 2005

ANNEX XVII

Belgium

Denmark

Germany

Greece

Spain (1)

France (2)

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal (3)

Finland

Sweden

United Kingdom

Adult bovines

711 232

711 589

4 357 713

235 060

1 982 216

4 041 075

1 776 668

3 426 835

21 867

1 207 849

546 557

325 093

382 536

502 063

3 266 212

Calves

335 935

54 700

652 132

80 324

25 629

2 045 731

0

1 321 236

3 432

1 198 113

129 881

70 911

10 090

29 933

26 271

(1) Without prejudice to Article 5 of Regulation (EC) No 1454/2001.
(2) Without prejudice to Article 9 of Regulation (EC) No 1452/2001.
(3) Without prejudice to Articles 13 and 22 of Regulation (EC) No 1453/2001.

ANNEX XVIII

TABLE REFERRED TO IN ARTICLES 106(3) AND 131

1. SPECIAL PREMIUM

Number of animals

Regulation (EC) No …./2004

Deadline for
submission

Ref.

Information required

Single age bracket or first age bracket

Second age bracket

Both age brackets
together

General scheme and slaughter scheme

Slaughter scheme only

Bulls

Steers

Steers

Steers

Article. 131(4)(a)

15 September

1.1

Number of animals applied for (January to
June)

1 March

1.2

Number of animals applied for (July to
December)

Article. 131(4)(b)(i)

31 July

1.3

Number of animals accepted (full year)

Article. 131(4)(b)(ii)

31 July

1.4

Number of animals not accepted on
account of the application of the ceiling

Number of producers

Regulation (EC) No/2004

Deadline for
submission

Ref.

Information required

General scheme and slaughter scheme

Slaughter scheme
only

Single age bracket
or first bracket only

Second age bracket
only

Both age brackets
together

Both age brackets
together only

Article. 131(4)(b)(i)

31 July

1.5

Number of producers granted premium

L

3
4
5
/
7
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

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

i

.

2
0
1
1
2
0
0
4

.

2. DESEASONALISATION PREMIUM

Regulation (EC) No/2004

Deadline for submission

Article. 131(6)(a)

15 September

Ref.

2.1

Information required

Single age bracket or first
age bracket

Second age bracket

Both age brackets
together

Number of animals applied for

2.2

Number of producers

1 March

2.3

Number of animals accepted

2.4

Number of producers

3. SUCKLER COW PREMIUM

Regulation (EC) No/2004

Deadline for submission

Article. 131(2)(a)(i)

15 September

1 March

Ref.

3.1.

3.2

Information required

Pure suckler herds

Mixed herds

Number of animals applied for (January to
June)

Number of animals applied for (July to
December)

Article. 131(2)(b)(i); 131(6)(b)(ii)

31 July

3.3

Number of cows accepted (full year)

Article. 131(2)(b)(iii)

Article. 131(2)(b)(ii)

31 July

31 July

3.4

Number of heifers accepted (full year)

3.5

Number of producers granted premium
(full year)

3.6

National premium

3.7

Number of animals not accepted on
account of the application of the national
ceiling for heifers

Amount per head

.

2
0
1
1
2
0
0
4

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

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

i

L

3
4
5
/
7
7

4. EXTENSIFICATION PAYMENT

4.1. Application of the single stocking density (first subparagraph of Article 132(2) of Regulation (EC) No 1782/2003)

Regulation (EC) No/2004

Deadline for
submission

Ref.

Information required

Special premium

Suckler cow
premium

Dairy cows

TOTAL

Article.
131(6)(b)(iii)

131(6)(b)(i);

131(6)(b)(ii);

31 July

4.1.1

Number of animals accepted

4.1.2

Number of producers granted payments

4.2. Application of the two stocking densities (second subparagraph of Article 132(2) of Regulation (EC) No 1782/2003)

Regulation (EC) No/2004

Deadline
for
submis-
sion

Ref.

Information required

Special premium

Suckler cow
premium

Dairy cows

TOTAL

1 - 1

< 1

1 - 1

< 1

1 - 1

< 1

1 - 1

< 1

Article.
131(6)(b)(iii)

131(6)(b)(i);

131(6)(b)(ii);

31 July

4.2.1

Number of animals accepted

4.2.2

Number of producers granted payment

L

3
4
5
/
7
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

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

i

5. PREMIUM EXEMPT THE DENSITY FACTOR

Regulation (EC) No/2004

Deadline for submission

Article. 131(6)(b)(iv)

31 July

Ref.

5

Information required

Animals

Producers

Number of animals and producers
in
respect of which the premium exempt
from the application of the density factor
was granted

.

2
0
1
1
2
0
0
4

.

6. SLAUGHTER PREMIUM

Number of animals

Regulation (EC) No/2004

Deadline for
submission

Article. 131(1)(a); 131(2)(a)(ii); 131(3)(a)

15 September

1 March

Ref.

6.1

6.2

Information required

Slaughter

Export

Adults

Calves

Adults

Calves

Number of animals applied for (January to
June)

Number of animals applied for (July to
December)

Article.
132(3)(b)(i)

Article.
131(3)(b)(ii)

131(1)(b)(i);

132(2)(b)(iv);

31 July

6.3

Number of animals accepted (full year)

131(1)(b)(ii);

131(2)(b)(v);

31 July

6.4

Number of animals not accepted on
account of the application of the ceiling

Number of producers

Regulation (EC) No/2004

Deadline for
submission

Ref.

Information required

Slaughter

Export

Adults

Calves

Adults

Calves

Article.
131(3)(b)(i)

131(1)(b)(i);

131(2)(b)(iv);

31 July

6.5

Number of producers granted premium

7. SUCKLER COW QUOTA

Regulation (EC) No/2004

Article. 106(3)

Article. 106(3)

Deadline for submis-
sion

1 March
(Provi-
sional information)

31 July (Definitive
Information)

Ref.

7.1

7.2

Balance of rights at
start of year

Rights ceded to national reserve arising from

Rights obtained from
national reserve

Balance of rights at
end of year

(a) Transfers without holding

(b)

Insufficient use

.

2
0
1
1
2
0
0
4

.

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

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

i

L

3
4
5
/
7
9

L 345/80

EN

Official Journal of the European Union

20.11.2004

TABLE REFERRED TO IN ARTICLE 131, FOR THE APPLICATION OF PARAGRAPH 5 THEREOF

ANNEX XIX

Up to 100 %
Slaughter
premium (calves)

Up to 100 %
Suckler cow
premium

Up to 40 %
Slaughter
premium (bovine
animals other
than calves)

Up to 100 %
Slaughter
premium (bovine
animals other
than calves)

Up to 75 %
Special premium

Article 68 (1)

Article 68 (2)
(a)(i)

Article 68 (2)(a)
(ii)

Article 68 (2)(b)
(i)

Article 68 (2)(b)
(ii)

Reference
in Regu-
lation (EC) No 1782/
2003

Amount actually paid
in EUR (after reduction
laid down in Article
139)

20.11.2004

EN

Official Journal of the European Union

L 345/81

MINIMUM SIZE OF ELIGIBLE AREA PER HOLDING UNDER THE SINGLE AREA PAYMENT SCHEME

ANNEX XX

New Member States

minimum size of eligible area per holding
(ha)

Cyprus

Czech Republic

Estonia

Hungary

Latvia

Lithuania

Poland

Slovakia

0,3

1

1

1
However, holdings with more than 0,3 ha of orchards or
vineyards may request payments

1

1

1

1

L 345/82

EN

Official Journal of the European Union

20.11.2004

ANNEX XXI

AGRICULTURAL AREA UNDER THE SINGLE AREA PAYMENT SCHEME

New Member States

Agricultural area under the single area payment scheme
referred to in Article 143b (4) of Regulation (EC) No 1782/
2003
(thousands ha)

Cyprus

Czech Republic

Estonia

Hungary

Latvia

Lithuania

Poland

Slovakia

140

3 469

800

4 355

1 475

2 289

14 843

1 976

20.11.2004

EN

Official Journal of the European Union

L 345/83

ANNEX XXII

RAW MATERIALS REFERRED TO IN ARTICLE 148

CN code

Brief description of products

ex 0602 90 41

Short rotation forest trees with a harvest cycle of 20 years or less

ex 0602 90 49

ex 0602 90 51

Trees, shrubs and bushes, producing plant material covered by CN code 1211 and by Chapter
14 of the Combined Nomenclature, excluding all those which can be used for human or animal
consumption

Outdoor multiannual plants (e.g. Miscanthus sinensis) other than those which can be used for
human or animal consumption, in particular those producing plant material covered by CN
code 1211, other than lavender, lavandin and sage, and by Chapter 14 of the Combined Nomen-
clature

ex 0602 90 59

Euphorbia lathyris, Sylibum marianum, Polygonum tinctorium and Isatis tinctoria

1211 90 95

Digitalis lanata, Secale cornutum and Hypericum perforatum, excluding plant material which can be
used for human or animal consumption

L 345/84

EN

Official Journal of the European Union

20.11.2004

ANNEXE XXIII

End-products that may be manufactured from raw materials listed in article 145:

— all products falling within Chapters 25 to 99 of the Combined Nomenclature,

— all products falling within Chapter 15 of the Combined Nomenclature and intended for uses other than human or

animal consumption,

— products covered by CN code 2207 20 00 and intended for direct use in motor fuel or for processing for use in

motor fuel,

— packaging material covered by CN codes ex 1904 10 and ex 1905 90 90, on condition that proof has been
obtained that the products have been used for non-food purposes in accordance with Article 158(4) of this Regu-
lation,

— mushroom spawn covered by CN code 0602 91 10,

— lac, natural gums, resins, gum-resins and balsams covered by CN code 1301,

— saps and extracts of opium covered by CN code 1302 11 00,

— saps and extracts of pyrethrum or of the roots of plants containing rotenone covered by CN Code 1302 14 00,

— other mucilages and thickeners covered by CN code 1302 39 00,

— all agricultural products listed in Article 146(1) and products derived therefrom by an intermediate process and used

as fuel for energy production,

— all products listed in Article 146(1) and products derived therefrom and intended for energy purposes,

— Miscanthus sinensis falling within CN code 0602 90 51, shredded, intended for use as horse litter, mulch, additives to
improve compost and litter for the drying and cleaning of plants, as well as this raw material or its fibber used as
materials for construction

— all products referred to in Commission Regulation (EEC) No 1722/93 (1), as last amended by Regulation (EC) No 216/
2004 (2), on condition that they are not obtained from cereals or potatoes cultivated on land set aside and that they
do not contain products derived from cereals or potatoes cultivated on land set aside,

— all products referred to in Council Regulation (EEC) No 1260/2001 (3), as last amended by Commission Regulation
(EC) No 30/2004 (4), on condition that they are not obtained from sugarbeet cultivated on land set aside, an that
they do not contain products derived from sugarbeet cultivated on land set aside.

(1) OJ L 159, 1.7.1993, p. 112.
(2) OJ L 36, 7.2.2004, p. 36.
(3) OJ L 178, 30.6.2001, p. 1.
(4) OJ L 6, 10.1.2004, p. 16.