Council Regulation (EC) No 2217/2004 of 22 December 2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: agricultural product, aid system, common agricultural policy, milk, milk product, production aid, production quota

23.12.2004

EN

Official Journal of the European Union

L 375/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2217/2004

of 22 December 2004

amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes
under the common agricultural policy and establishing certain support schemes for farmers and
Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular
Article 37(2) thereof,

establishing the European
the third subparagraph of

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

Due to the geographic location of
the Kleinwalsertal
(Community of Mittelberg) and the Community of
situated within the Austrian
Jungholz, which are
territory and only accessible by road from Germany,
the milk of
their producers has been delivered to
German buyers.

Since Regulation (EEC) No 804/68 of the Council of 27
June 1968 on the common organisation of the market in
milk and milk products (2), as amended by Regulation
(EEC) No 856/84 (3), has introduced the Community
milk quota
these
producers has been taken into account
in the estab-
lishment of the German milk reference quantities.

the milk marketed by

system,

Regulation

1782/2003 (4)

Council
has
(EC) No
introduced direct payment for the dairy sector starting
from the calendar year 2004. These payments are based
reference quantities of producers
on the individual
concerned which are administered by Germany whilst,
under
the dairy
premium should be carried out by the Austrian autho-

the payment of

that Regulation,

(1) Opinion of 14.12.2004 (not yet published in the Official Journal).
(2) OJ L 148, 28.6.1968, p. 13. Regulation repealed by Regulation (EC)

No 1255/1999 (OJ L 160, 26.6.1999, p. 48).

(3) OJ L 90, 1.4.1984, p. 10.
(4) 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).

rities within the limit of their national reference quantity
for the 12-month period of 1999/2000 set out in Annex
to Council Regulation (EEC) No 3950/92 of 28
I
levy in the
September 1992 establishing an additional
sector (5) and a budgetary
milk and milk products
ceiling provided for in Article 96(2) of Regulation (EC)
No 1782/2003. Both the reference quantity and the
ceiling have been calculated for Austria without taking
into account the individual reference quantities for the
Kleinwalsertal
and the
Community of Jungholz.

(Community of Mittelberg)

Article 47(2) of Regulation (EC) No 1782/2003 provides
for the inclusion of dairy payments in the single payment
scheme provided for by that Regulation in 2007.
However, Article 62 of the same Regulation authorises
the Member States to anticipate the inclusion of such
payments
the dairy
premium is foreseen in Germany as from 2005, while
in Austria it will take place at a later stage.

from 2005. The

inclusion of

reference quantities

To permit a practical and correct administration of the
dairy premium and its inclusion in the Single Payment
Scheme, Regulation (EC) No 1782/2003 should be
amended in such a way that, for Germany and Austria,
and the budgetary ceiling,
the
referred to in Articles 95(4) and 96(2),
take into
account the milk reference quantities of the producers
of the regions concerned. Consequently, it is also appro-
to Regulation (EC) No
priate to modify Annex I
1788/2003 of 29 September 2003 establishing a levy
in the milk and milk products
to
convert the reference quantities of producers concerned
into Austrian reference quantities as from milk quota
year 2004/05.

in order

sector

For the payments due in 2004, taking into account that
the date for application has already expired, it is however
appropriate to provide for a derogation to Article 2(b) of
Regulation (EC) No 1782/2003 allowing Germany to pay
the premium to farmers situated in the Austrian Klein-
walsertal (Community of Mittelberg) and the Community
of Jungholz,

(4)

(5)

(6)

(5) OJ L 405, 31.12.1992, p. 1. Regulation repealed by Regulation (EC)
No 1788/2003 (OJ L 270, 21.10.2003, p. 123) and last amended
by Commission Regulation (EC) No 739/2004 (OJ L 116,
22.4.2004, p. 7).

L 375/2

EN

Official Journal of the European Union

23.12.2004

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

Annex I
accordance with the Annex to this Regulation.

to Regulation (EC) No 1788/2003 is amended in

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

1. In Article 95(4), the following second subparagraph shall be

added:

‘However, for Germany and Austria the ceiling fixed on the
basis of the reference quantities for the 12-month period of
1999/2000,
respectively, 27 863 827,288 and
shall be,
2 750 389,712 tonnes.’

Article 3

By way of derogation from Article 2(b) of Regulation (EC) No
1782/2003, Germany shall pay the dairy premium and addi-
tional payments for 2004 to farmers situated in the Austrian
Kleinwalsertal (Community of Mittelberg) and the Community
of Jungholz.

Article 4

2. Article 96(2) is hereby amended as follows:

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

(a)

the row for Germany shall be replaced by the following:

It shall apply as follows:

‘Germany

101,99

204,52

306,78’;

(a) Article 1 shall apply from 1 January 2005;

(b) the row for Austria shall be replaced by the following:

(b) Article 2 shall apply from 1 April 2004;

‘Austria

10,06

20,19

30,28’.

(c) Article 3 shall apply from 1 January 2004.

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

Done at Brussels, 22 December 2004.

For the Council
The President

C. VEERMAN

23.12.2004

EN

Official Journal of the European Union

L 375/3

ANNEX

Annex I to Regulation (EC) No 1788/2003 is hereby amended as follows:

1. Point (a) is amended as follows:

(a)

the row for Germany shall be replaced by the following:

‘Germany

27 863 827,288’;

(b) the row for Austria shall be replaced by the following:

‘Austria

2 750 389,712’.

2. Point (b) is amended as follows:

(a)

the row for Germany shall be replaced by the following:

‘Germany

27 863 827,288’;

(b) the row for Austria shall be replaced by the following:

‘Austria

2 750 389,712’.

3. Point (c) is amended as follows:

(a)

the row for Germany shall be replaced by the following:

‘Germany

28 003 146,424’;

(b) the row for Austria shall be replaced by the following:

‘Austria

2 764 141,661’.

4. Point (d) is amended as follows:

(a)

the row for Germany shall be replaced by the following:

‘Germany

28 142 465,561’;

(b) the row for Austria shall be replaced by the following:

‘Austria

2 777 893,609’.

5. Point (e) is amended as follows:

(a)

the row for Germany shall be replaced by the following:

‘Germany

28 281 784,697’;

(b) the row for Austria shall be replaced by the following:

‘Austria

2 791 645,558’.