Commission Regulation (EC) No 1754/2005 of 26 October 2005 derogating from Regulation (EC) No 796/2004 as regards the application of Article 21 in the French Overseas Departments in 2005
Date: 2005-10-26
Institutions: European Commission
Subjects: French overseas department and region, aid system, aid to agriculture, common agricultural policy, derogation from EU law, farmers' income, farming system, production aid

27.10.2005

EN

Official Journal of the European Union

L 284/5

COMMISSION REGULATION (EC) No 1754/2005

of 26 October 2005

derogating from Regulation (EC) No 796/2004 as regards the application of Article 21 in the French
Overseas Departments in 2005

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 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)
thereof,

Whereas:

(1)

(2)

integrated

Article 21 of Commission Regulation (EC) No 796/2004
of 21 April 2004 laying down detailed rules for the
implementation of cross-compliance, modulation and
the
system
administration and
provided for in Council Regulation (EC) No 1782/2003
establishing common rules for direct support schemes
under the common agricultural policy and establishing
farmers (2), provides for
certain support schemes for
reductions to be applied in the case of late submission
of an aid application.

control

The French authorities have informed the Commission
that in the four French Overseas Departments the infor-
mation on areas that
the farmers need in order to
prepare their single application for the year 2005 in
accordance with Article 11 of Regulation (EC) No
796/2004 were not made available to the farmers in
due time. Consequently, the farmers were not able to

(3)

(4)

their single application by 15 May 2005 as

submit
provided for.

It is therefore appropriate not to apply the reductions
provided for
in Article 21 of Regulation (EC) No
796/2004 in respect of farmers in the French Overseas
Departments who submitted their application at
the
the information was made
latest one month after
available to them.

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

The reduction of 1 % per working day provided for in para-
graphs 1 and 2 of Article 21 of Regulation (EC) No 796/2004
shall not apply to single applications or amendments thereto
submitted until:

— 6 June 2005 to the competent authorities for French

Guiana,

— 19 June 2005 to the competent authorities for Martinique,

— 24 June 2005 to the competent authorities for Réunion,

— 27 June 2005 to the competent authorities for Guadeloupe.

Article 2

This Regulation shall enter into force on the 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, 26 October 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 1. Regulation as 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. 18. Regulation as last amended by Regu-

lation (EC) No 436/2005 (OJ L 72, 18.3.2005, p. 4).