Commission Regulation (EC) No 1085/2005 of 8 July 2005 amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in 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
Date: 2005-07-08
Institutions: European Commission
Subjects: agricultural product, aid system, common agricultural policy, farmers' income, production aid

9.7.2005

EN

Official Journal of the European Union

L 177/27

COMMISSION REGULATION (EC) No 1085/2005

of 8 July 2005

amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the
single payment scheme provided for in 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

58(3) of Regulation (EC) No 1782/2003. For reasons
of simplification, it is appropriate to replace the date of
1 August by the same date as that provided for the
communication referred to in Article 50(1) of Regulation
(EC) No 795/2004.

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
and
(EC) No
amending
1452/2001,
(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 (1),
and in particular Article 60(2) and Article 145(c),

certain
Regulations
(EC) No 1453/2001,

(EC) No 1454/2001,

for
2019/93,

(EEC) No

schemes

support

farmers

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 795/2004 (2) introduces
the implementing rules for the single payment scheme as
from 2005. Experience of the administrative and opera-
tional
level
implementation of that scheme at national
has shown that in certain respects further detailed rules
are needed and in other respects the existing rules need
to be clarified and adapted.

61

and

54(2)

to facilitate the task of

In order
the national ad-
ministrations in the framework of the implementation
of Articles
(EC)
No 1782/2003, Member States should determine which
areas are to be considered as permanent pasture for those
areas in reparcelling schemes between the date for the aid
application for 2003 and the date of application for the
single payment scheme in the first year of implemen-
tation.

of Regulation

50(2)

to Article

communicate

of Regulation

in case of regional

(EC)
According
No 795/2004,
implementation of
the single payment scheme as provided for in Article
58 of Regulation (EC) No 1782/2003, Member States
information referred to in
shall
Article 50(1)(a)
(b) of Regulation (EC) No
795/2004 for each of the regions concerned, and, by 1
August of
the single
the first year of application of
payment scheme at the latest, the corresponding part
the ceiling established in accordance with Article
of

and

the

(4)

(5)

(6)

Article 51 of Regulation (EC) No 1782/2003, as
amended by Council Regulation (EC) No 864/2004 and
made applicable as from 1 January 2005 by Commission
Regulation (EC) No 394/2005, authorises Member States
to allow secondary crops to be cultivated on the eligible
hectares during a period of maximum three months
It is appropriate to
starting each year on 15 August.
bring forward that date to allow the growing of
temporary vegetable crops in regions where cereals are
usually harvested sooner for climatic reasons as commu-
nicated by
concerned to the
Commission.

the Member States

60(1)

States

to Article

of Regulation
implementing

(EC)
According
No 1782/2003 Member
the
regional option provided for in Article 59 of that Regu-
lation may also use the parcels declared according to
Article 44(3) of that Regulation for the production of
products referred to in Article 1(2) of Council Regulation
(EC) No 2200/96 of 28 October 1996 on the common
organisation of the market in fruit and vegetables (3) or
in Article 1(2) of Council Regulation (EC) No 2201/96 of
28 October 1996 on the common organisation of the
markets in processed fruit and vegetable products (4) and
of potatoes other than those intended for the manu-
facture of potato starch.

the production of

Article 60(2) of Regulation (EC) No 1782/2003 provides
that Member States shall establish the number of hectares
that may be used according to paragraph 1 of
that
Article by subdividing, according to objective criteria,
the average of the number of hectares that were used
for
referred to in
paragraph 1 of that Article at national level during the
three-year period 2000 to 2002 amongst the regions
to Article 58(2) of Regulation (EC)
defined pursuant
is appropriate to fix the average
No 1782/2003.
It
number of hectares at national and regional
level on
the basis of the data communicated to the Commission
by the Member States concerned.

the products

(1) OJ L 270, 21.10.2003, p. 1. Regulation last amended by Com-
mission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005, p. 15).
(2) OJ L 141, 30.4.2004, p. 1. Regulation last amended by Regulation

(EC) No 606/2005 (OJ L 100, 20.4.2005, p. 15).

(3) OJ L 297, 21.11.1996, p. 1. Regulation last amended by Com-
mission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64.
(4) OJ L 297, 21.11.1996, p. 29. Regulation last amended by Com-
mission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

L 177/28

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Official Journal of the European Union

9.7.2005

(7)

(8)

(9)

Regulation (EC) No 795/2004 should therefore be
amended accordingly.

Due to the fact
that Regulation (EC) No 795/2004
it is appropriate to
applies as from 1 January 2005,
provide that this Regulation applies retroactively from
that date.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 795/2004 is amended as follows:

take into account

the
these cases Member States shall
situation existing at
farmer's level before the reparcelling
by minimising, to the maximum extent, any effect on the
In
farmer's possibilities to use the payments entitlements.
in
doing so Member States shall take action to prevent,
the area affected by the reparcelling scheme, any significant
increase of the total area eligible to set aside entitlements as
well as any significant decrease of permanent pasture.’

3. In Article 41 the following paragraph 5 is added:

‘5.
The average number of hectares at national and
level, referred to in Article 60(2) of Regulation
regional
(EC) No 1782/2003, is fixed in Annex II to this Regulation’.

4. In the first subparagraph of Article 50(2),

the date of

1 August is replaced by the date of 15 September.

1. In Article 28a,

‘Annex I’.

the terms ‘the Annex’ are replaced by

5. The Annex is replaced by the text in Annex I to this Regu-

lation.

2. In Article 32(4) the following third subparagraph is added:

6. The text in Annex II to this Regulation is added as Annex II.

‘Where areas were newly allocated in the framework of a
national reparcelling scheme between the date for the aid
application for 2003 and the date of application for the
single payment scheme in the first year of implementation,
the Member State concerned shall determine which areas are
to be considered as permanent pasture for the purpose of
articles 54(2) and 61 of Regulation (EC) No 1782/2003. In

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 8 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

9.7.2005

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Official Journal of the European Union

L 177/29

ANNEX I

‘ANNEX I

Member State

Belgium

Denmark

Germany

Italy

Austria

Portugal

Date

15 July

15 July

15 July

11 June

30 June

1 March’

L 177/30

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Official Journal of the European Union

9.7.2005

ANNEX II

‘ANNEX II

Number of hectares referred to in Article 60(2) of Regulation (EC) No 1782/2003

Member State and Regions

Number of hectares

DENMARK

GERMANY

Baden-Wurtenberg

Bayern

Brandenburg and Berlin

Hessen

Lower Saxony and Bremen

Mecklenburg-Western Pomerania

North Rhine-Westphalia

Rhineland-Palatinate

Saarland

Saxony

Saxony-Anhalt

Schleswig-Holstein and Hamburg

Thuringia

LUXEMBOURG

SWEDEN

Region 1

Region 2

Region 3

Region 4

Region 5

UNITED KINGDOM

England (other)

England (Moorland SDA)

England (Upland SDA)

Northern Ireland

33 740

301 849

18 322

50 451

12 910

12 200

76 347

13 895

50 767

19 733

369

12 590

14 893

14 453

4 919

705

9 193

8 375

17 448

4 155

4 051

241 000

10

190

8 304’