Commission Regulation (EC) No 1701/2005 of 18 October 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: 2005-10-19
Institutions: European Commission
Subjects: aid per hectare, common agricultural policy, farmers' income, land use

L 273/6

EN

Official Journal of the European Union

19.10.2005

COMMISSION REGULATION (EC) No 1701/2005

of 18 October 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,

(3)

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 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 (1), and in particular Article 145(c), (d)
and (f) thereof,

Whereas:

(1)

(2)

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.

In particular, it is appropriate to specify the application
of the definition of permanent crops and multiannual
crops in relation to the eligibility conditions for the
single payment scheme in case of use of land set aside
for the production of raw materials as laid down in
Chapter 16 of Commission Regulation (EC) No
1973/2004 of 29 October 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 (3) and
in relation to the energy crops aid scheme referred to in
Article 88 of Regulation (EC) No 1782/2003.

(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 141, 30.4.2004, p. 1. Regulation last amended by Regulation

(EC) No 1085/2005 (OJ L 177, 9.7.2005, p. 27).

(4)

(5)

In particular, under the previous regime for arable crops
provided for by Council Regulation (EC) No 1251/1999
of 17 May 1999 establishing a support system for
producers of certain arable crops (4),
set-aside land
which was planted with permanent crops used for the
production of raw materials or land planted with multi-
annual crops were eligible to area payments. Article
54(2) of Regulation (EC) No 1782/2003 limits the elig-
ibility to areas which were not under permanent crops at
it does not
the date of application for 2003 whilst
exclude, in application of Article 53 of that Regulation
those
the
production of raw materials from the establishment of
the payment entitlements as those areas were granted
direct payments in the reference period. It is therefore
appropriate to allow farmers who cultivated in 2003
such crops under that specific regime for set-aside or
multiannual crops to use that land respectively for the
establishment of set-aside entitlements referred to in
Article 53 of that Regulation and for the use of the
established set-aside entitlements.

areas under permanent

crops used for

it

Moreover, as far as in the regional model provided for by
Article 59 of Regulation (EC) No 1782/2003,
the
reference year for the establishment of the payment enti-
tlements is the first year of application of the scheme as
provided for by Article 38(1) of Regulation (EC) No
is appropriate to specify that set-aside
795/2004,
land planted with permanent
the
purposes referred to in Article 55(b) of Regulation (EC)
No 1782/2003 and land planted with permanent crops
and which are also subject to an application for the aid
for energy crops provided for in Article 88 of that Regu-
lation should be considered as eligible hectares for the
establishment and use of payment entitlements.

crops used for

In addition,
it is necessary to specify which crops are
allowed on set-aside land and which crops are allowed
for energy purposes on land subject to an application for
the single payment scheme. It is therefore appropriate to
provide for the possibility to use payment entitlements in
accordance with the eligibility conditions set up for areas
under permanent crops used for the production of raw
materials as laid down in Chapter 16 of Regulation (EC)
No 1973/2004 and for crops used for the production of
energy products under the scheme provided for in Article
88 of Regulation (EC) No 1782/2003.

(3) OJ L 345, 20.11.2004, p. 1. Regulation last amended by Regulation

(4) OJ L 160, 26.6.1999, p. 1. Regulation last amended by Regulation

(EC) No 1044/2005 (OJ L 172, 5.7.2005, p. 76).

(EC) No 1782/2003.

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Official Journal of the European Union

L 273/7

(6)

(7)

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

2. The following Article 3b is inserted:

that Regulation (EC) No 795/2004
Due to the fact
applies as from 1 January 2005,
it is appropriate to
provide that this Regulation applies retroactively from
that date and consequently authorise farmers concerned
by the application in 2005 to modify their single appli-
cation.

‘Article 3b

Eligibility

For the purpose of Article 44(2) of Regulation (EC) No
1.
1782/2003,
the following shall be considered as eligible
hectares for the establishment and use of the payment enti-
tlements:

(8)

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:

1. In Article 2, points (c) and (d) are replaced by the following:

‘(c) “permanent crops” shall mean non-rotational crops other
than permanent pasture that occupy the land for five
including
years or longer and yield repeated harvests,
to
nurseries as defined in point G/05 of Annex I
Commission Decision 2000/115/EC (*),
short
rotation coppice (CN code ex 0602 90 41), with the
exception of multiannual crops and nurseries of multi-
annual crops.

and

(d) “multiannual crops” shall mean crops of the following
products and the nurseries of such multiannual crops:

CN code

0709 10 00

Artichokes

0709 20 00

Asparagus

0709 90 90

Rhubarb

0810 20

0810 30

0810 40

Raspberries,
mulberries and loganberries

blackberries,

Black-, white- or redcurrants
and gooseberries

Cranberries,
other
Vaccinium

bilberries
the

and
genus

fruits of

(a)

(b)

the areas planted with short rotation coppice (CN code
ex 0602 90 41), Miscanthus
code
ex 0602 90 51) or Phalaris
(Reed canary
grass) between 30 April 2004 and 10 March 2005;

sinensis
arundicea

(CN

the areas planted with short rotation coppice (CN code
ex 0602 90 41), Miscanthus
code
ex 0602 90 51) or Phalaris
(Reed canary
grass) before 30 April 2004 and leased or acquired,
between 30 April 2004 and 10 March 2005, in view
of applying for the single payment scheme.

sinensis
arundicea

(CN

2.
For the purpose of Article 51 of Regulation (EC) No
1782/2003, set-aside land planted with permanent crops
used for the purposes referred to in Article 55(b) of that
Regulation and land planted with permanent crops and
which are also subject to an application for the aid for
energy crops provided for in Article 88 of that Regulation
shall be considered as eligible hectares for the use of, respec-
tively, set-aside entitlements and payment entitlements.

6(3)

set-aside

3.
For the purpose of Article 54(2) of Regulation (EC) No
land which was planted with
1782/2003,
permanent crops, to be used for the purposes referred to
in Article
(EC) No
Council
1251/1999 (*) and which was granted the area payment
that Regulation for 2003
referred to in Article 2(2) of
shall be considered as eligible hectares for the use of set-
aside entitlements referred to in Article 53 of Regulation
(EC) No 1782/2003.

Regulation

of

4. Without prejudice to Article 51 of Regulation (EC) No
1782/2003, for the purpose of Article 54(2) of that Regu-
lation,
land which was planted with multiannual crops, at
the date provided for the area aid applications for 2003,
shall be considered as eligible hectares for the use of set-
aside entitlements referred to in Article 53 of that Regu-
lation.

___________
(*) OJ L 38, 12.2.2000, p. 1.’

5. Without prejudice to Article 60 of Regulation (EC) No
1782/2003, where a Member State makes use of the option
referred to in Article 59 of that Regulation,

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Official Journal of the European Union

19.10.2005

(a)

(b)

(c)

for the purpose of Article 63(2) of Regulation (EC) No
1782/2003 set-aside land which was planted with
permanent crops, to be used for the purposes referred
to in Article 6(3) of Regulation (EC) No 1251/1999 and
which was granted the area payment referred to in
Article 2(2) of
that Regulation for 2003, shall be
considered as eligible hectares for the establishment of
set-aside entitlements;

for the purpose of Article 63(2) of Regulation (EC) No
1782/2003 land which is planted with permanent
crops used for
the purposes referred to in Article
55(b) of Regulation (EC) No 1782/2003 shall be
considered as eligible hectares for the establishment of
set-aside entitlements;

for the purpose of Article 59(4) of Regulation (EC) No
1782/2003 land planted with permanent crops and
which is also subject to an application for the aid for
energy crops provided for in Article 88 of Regulation
(EC) No 1782/2003 shall be considered as eligible
hectares for the establishment of payment entitlements;

(d)

for the purpose of Article 59(4) of Regulation (EC) No
1782/2003 land planted with multiannual crops, shall
be considered as eligible hectares for the establishment
of payment entitlements.

6.
The farmers concerned by the application in 2005 of
paragraphs 2 to 5 of this Article may modify their single
application within four weeks starting from 19 October
2005 or a date to be fixed by the Member States concerned.
___________
(*) OJ L 160, 26.6.1999, p. 1.’

Chapters 6 and 7 of this Regulation shall be construed
as a reference to Article 71e of Regulation (EC) No
1782/2003’.

2. Paragraph 6 is replaced by the following text:

‘Any reference to Article 60 of Regulation (EC) No
1782/2003 in Article 3b, Article 8(2), Article 9(1)(e),
Article 41 and Article 50a of this Regulation shall be
construed as a reference to Article 71g of Regulation
(EC) No 1782/2003’.

3. Paragraph 7 is replaced by the following text:

‘Any reference to Article 63(2) of Regulation (EC) No
1782/2003 in Articles 39, 43 and 48b of this Regulation
shall be construed as a reference to Article 71j(2) of
Regulation (EC) No 1782/2003’.

4. Paragraph 8 is replaced by the following text:

‘Articles 3a, 3b(1), (3) and (4), 7, 10, 12 to 17, 27, 28,
30, 31, 31a, 40, 42, 45 to 46 and 49 shall not apply’.

5. A new Paragraph 10 is inserted as follows:

‘Any reference to Article 59(4) of Regulation (EC) No
1782/2003 in Article 3b of
this Regulation shall be
construed as a reference to Article 71f(2) of Regulation
(EC) No 1782/2003’.

3. Article 48a is amended as follows:

Article 2

1. Paragraph 4 is replaced by the following text:

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

‘Any reference to Articles 58 and 59 or 58(1) and 59(1)
of Regulation (EC) No 1782/2003 in Article 3b and

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, 18 October 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission