Commission Regulation (EC) No 794/2005 of 26 May 2005 amending Regulation (EC) No 1973/2004 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: 2005-05-27
Institutions: European Commission
Subjects: aid to agriculture, durum wheat, land use, orchard

L 134/6

EN

Official Journal of the European Union

27.5.2005

COMMISSION REGULATION (EC) No 794/2005

of 26 May 2005

amending Regulation (EC) No 1973/2004 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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
and
establishing
(EC) No
amending
1452/2001,
(EC)
1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No
1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and
in particular Article 145(c) and Article 155 thereof,

certain
Regulations
(EC) No 1453/2001,

(EC) No 1454/2001,

for
2019/93,

(EEC) No

schemes

support

farmers

Whereas:

(1)

(2)

of

10

Regulation

Article
(EC)
Commission
No 1973/2004 (2) lays down transitional measures for
establishing the list of
selected varieties which are
eligible for
the special quality premium for durum
wheat in respect of 2005. Experience shows that the
transitional measures provided for in paragraph 2 of
that Article should also be applied in some Member
States in 2006.

The second subparagraph of Article 15(1) of Regulation
(EC) No 1973/2004 provides that, by way of derogation
from the first subparagraph,
the Member States may
allow the presence in nut orchards of trees other than
nut trees within a limit corresponding to 10 % of the
minimum number of nut trees per hectare laid down in
paragraph 3 of that Article. Application of that provision
has led to differences in interpretation. The scope of that
provision should therefore be clarified, taking account of
the special nature of nut orchards in the Member States,
the aforementioned 10 % limit
and specifying that

(1) OJ L 270, 21.10.2003, p. 1. Regulation last

amended by
Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005,
p. 15).

(2) OJ L 345, 20.11.2004, p. 1.

applies to the minimum number of nut trees per hectare
trees actually planted in the
or the number of nut
orchard in question.

Regulation (EC) No 1973/2004 should therefore be
amended accordingly.

from
Since Regulation (EC) No 1973/2004 applies
1 January 2005, the amendment concerned should also
apply from that date.

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

(3)

(4)

(5)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1973/2004 is hereby amended as follows:

1. the following paragraph is added to Article 10:

‘4. Member States may opt to establish the list of selected
varieties which are eligible for the special quality premium
for durum wheat in respect of 2006 in accordance with the
procedure referred to in paragraph 2, not
than
1 October 2005 as regards winter varieties and not later
than 31 December 2005 as regards spring varieties.’;

later

2. the second subparagraph of Article 15(1) is replaced by the

following:

limit

‘By way of derogation from the first subparagraph, and
without prejudice to paragraph 4, Member States may
allow the presence in an orchard of trees other than nut
trees within a
the
minimum number of trees laid down in paragraph 3 or
trees actually planted per hectare of
the number of nut
orchard, at
the Member State. Moreover,
Member States may allow the presence of chestnut trees if
the number of trees laid down in paragraph 3 is respected as
regards the eligible nut trees.’

corresponding to 10 % of

the choice of

27.5.2005

EN

Official Journal of the European Union

L 134/7

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

Article 2

Article 1(2) shall apply from 1 January 2005.

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

Done at Brussels, 26 May 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission