Commission Regulation (EC) No 2278/2004 of 30 December 2004 amending Regulation (EC) No 2759/1999 laying down rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period
Date: 2004-12-30
Institutions: European Commission
Subjects: Central and Eastern Europe, EU aid, accession to the European Union, aid to agriculture, rural development

L 396/36

EN

Official Journal of the European Union

31.12.2004

COMMISSION REGULATION (EC) No 2278/2004

of 30 December 2004

amending Regulation (EC) No 2759/1999 laying down rules for the application of Council Regu-
lation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and
rural development in the applicant countries of central and eastern Europe in the pre-accession
period

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Regulation (EC) No 2759/1999 should therefore be
amended accordingly.

Having regard to the Treaty
Community,

establishing the European

(4)

The measures provided for in this Regulation are in
accordance with the opinion of the Agriculture Structures
and Rural Development Committee,

Having regard to Council Regulation (EC) No 1268/1999 of 21
June 1999 on Community support for pre-accession measures
for agriculture and rural development in the applicant countries
of central and eastern Europe in the pre-accession period (1), and
in particular Article 12(1) thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

Regulation (EC) No 2759/1999 is amended as follows:

Article 1

(1)

(2)

amended

Article 26(1) of Council Regulation (EC) No 1257/1999
of 17 May 1999 on support for rural development from
the European Agricultural Guidance and Guarantee Fund
(EAGGF) and amending and repealing certain Regu-
lations (2),
(EC) No
as
by Regulation
1783/2003 (3),
includes certain provisions that are not
directly applicable to beneficiary countries under Regu-
lation (EC) No 1268/1999. Article 26 can therefore no
longer be referred to in Article 3 of Commission Regu-
lation (EC) No 2759/1999 (4). Specific provisions should
therefore be introduced into Article 3(1) of Regulation
(EC) No 2759/1999 to take account of the situation with
regard to the applicant countries.

Article 8 of Regulation (EC) No 1268/1999 concerns the
rate of Community contribution and the aid intensities.
Paragraph 2 of that Article raises the ceiling for public
aid for investments in agricultural holdings, amongst
others, for investments made by young farmers and/or
in mountain areas. Those terms should be defined in
accordance with the principles applicable to Member
States.

1. In Article 3, paragraph 1 is replaced by the following:

‘1.
Support may be granted for investments provided for
in Article 25 of Regulation (EC) No 1257/1999 relating to
improving the processing and marketing of the agricultural
including fishery products included in Annex I to the Treaty.
excluding fishery products, must
Agricultural products,
the Community.
originate
Investments at
shall be excluded from
support.

countries or

in applicant

the retail

level

Support
responsible for
fulfilling the conditions provided for
second indents of Article 2(2) of this Regulation.

shall be granted to those persons ultimately
in enterprises
in the first and

financing the investment

(1) OJ L 161, 26.6.1999, p. 87. Regulation as last amended by
Regulation (EC) No 2008/2004 (OJ L 349, 25.11.2004, p. 12).
(2) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by
Regulation (EC) No 583/2004 (OJ L 91, 30.3.2004, p. 1).

(3) OJ L 270, 21.10.2003, p. 70.
(4) OJ L 331, 23.12.1999, p. 51. Regulation as last amended by
Regulation (EC) No 775/2003 (OJ L 112, 6.5.2003, p. 9).

However, where acquis-related minimum standards regarding
the environment, hygiene and animal welfare have been
newly introduced at the time the application is received,
the decision to grant support will be conditional on the
enterprise meeting those new standards by the end of the
realisation of the investment.’

31.12.2004

EN

Official Journal of the European Union

L 396/37

2. In Article 8, paragraph 4 is replaced by the following:

For the application of Article 8(2) of Regulation (EC)

‘4.
No 1268/1999 the following definitions shall apply:

(a)

‘young farmers’ shall mean a farmer under 40 years of
age at the time when the decision to grant support is
taken, possessing adequate occupational
and
competence;

skills

(b) ‘mountain areas’ shall mean mountain areas as defined in

Article 18(1) of Regulation (EC) No 1257/1999;

(c)

‘public aid’ shall mean all such aid whether or not
granted under the programme.’

Article 2

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

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

Done at Brussels, 30 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission