Commission Regulation (EC) No 1044/2005 of 4 July 2005 amending Regulation (EC) No 2808/98 as regards the operative event for the exchange rate for aid under Regulation (EC) No 1782/2003 and amending Regulation (EC) No 1973/2004
Date: 2005-07-04
Institutions: European Commission
Subjects: agri-monetary policy, aid to agriculture, exchange rate

L 172/76

EN

Official Journal of the European Union

5.7.2005

COMMISSION REGULATION (EC) No 1044/2005

of 4 July 2005

amending Regulation (EC) No 2808/98 as regards the operative event for the exchange rate for aid
under Regulation (EC) No 1782/2003 and amending Regulation (EC) No 1973/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2799/98 of 15
December 1998 establishing agrimonetary arrangements for the
euro (1), and in particular Article 9 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) No 1452/2001, (EC) No 1453/2001,
(EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999,
(EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71
and (EC) No 2529/2001 (2), and in particular Article 145(c)
thereof,

Whereas:

(4)

(5)

(6)

cation of the agrimonetary system for the euro in agri-
culture (3), and all existing provisions on operative events
in the Regulations implementing Regulation (EC) No
1782/2003 should accordingly be repealed.

In order to inform operators of the amendments to the
Regulations in sufficient time before payments start, this
Regulation should apply from 1 August 2005.

Lastly, as some operative events for 2005 have already
been set as a date prior to 1 August 2005, as a transi-
tional measure those operative events should remain
applicable for 2005.

Regulation (EC) No 2808/98 and Commission Regu-
lation (EC) No 1973/2004 of 29 October 2004 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1782/2003 as
the support
schemes provided for in Titles IV and IVa of that Regu-
lation and the use of land set aside for the production of
raw materials (4) should therefore be amended.

regards

Regulation (EC) No 1782/2003 introduces a system of
direct aid which is paid out on the basis of a single
payment application and is always expressed in euro.

(7)

The measures provided for in this Regulation are in
accordance with the opinion of the relevant Management
Committees,

Since no operative events have been laid down for the
exchange rate for some of the aid measures provided for
in Regulation (EC) No 1782/2003, provision must be
made for a uniform operative event directly linked to
applications submitted by the aid beneficiaries. For the
sake of consistency and transparency vis-à-vis the bene-
ficiaries, the operative event should be a date that is as
close as possible to the beginning of the payment period
introduced under the abovementioned Regulation, and as
a way of simplifying checks on the application of the
exchange rates and making them more effective, it should
precede the beginning of the budget year during which
the payments are to be made.

(3)

As a consequence, the operative event for the exchange
rate for all aid measures under Regulation (EC) No
1782/2003 should be
set uniformly by amending
Commission Regulation (EC) No 2808/98 of 22
December 1998 laying down detailed rules for the appli-

HAS ADOPTED THIS REGULATION:

Article 1

Article 4 of Regulation (EC) No 2808/98 is hereby amended as
follows:

1. paragraph 1 is replaced by the following:

‘1.
For the support schemes listed in Annex I to Council
Regulation (EC) No 1782/2003 (*), the operative event for
the exchange rate shall be 1 October of the year in respect of
which the aid is granted.

___________
(*) OJ L 270, 21.10.2003, p. 1.’;

(1) OJ L 349, 24.12.1998, p. 1.
(2) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 394/2005 (OJ L 63, 10.3.2005,
p. 17).

(3) OJ L 349, 24.12.1998, p. 36. Regulation as last amended by Regu-

lation (EC) No 1250/2004 (OJ L 237, 8.7.2004, p. 13).

(4) OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Regu-

lation (EC) No 794/2005 (OJ L 134, 27.5.2005, p. 6).

(1)

(2)

5.7.2005

EN

Official Journal of the European Union

L 172/77

2. paragraph 3 is replaced by the following:

For

‘3.
the
the purposes of applying paragraph 2,
exchange rate to be used shall be the average of
the
exchange rates applicable during the month preceding the
date of the operative event, calculated pro rata temporis. The
average of the exchange rates shall be determined by the
Commission during the month following the date of the
operative event.’

Article 2

Article 21(3) and Articles 86 and 128 of Regulation (EC) No
1973/2004 concerning the determination of the operative event
for the exchange rate and/or the rules for calculating the

exchange rate for aid for starch potatoes, the premiums for
sheep and goats and payments involving beef are hereby
repealed.

Article 3

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

It shall apply from 1 August 2005. However, in the case of the
support schemes listed in Annex I
to Regulation (EC) No
1782/2003 for which the operative event for the exchange
rates for 2005 has been set as a date prior to 1 August
remain
2005,
applicable for 2005.

thus determined shall

the operative

event

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

Done at Brussels, 4 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission