Commission Regulation (EC) No 2183/2005 of  22 December 2005  amending 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 and 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
Date: 2005-12-22
Institutions: European Commission
Subjects: aid per hectare, aid to agriculture, cotton, hops, olive oil, olive-growing, single payment scheme, tobacco

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COMMISSION REGULATION (EC) No 2183/2005

of 22 December 2005

amending 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 and 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

national reserve referred to in Article 42 (1) and (8) of
that Regulation.

(4)

(5)

(6)

(7)

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), (h),
(i), and (s) and Article 155 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 795/2004 (2) introduces
the implementing rules for the single payment scheme as
from 2005.

Regulation (EC) No 1782/2003 as amended by Regu-
lation (EC) No 864/2004 (3) defines the rules for the
coupled support for cotton, olive oil, raw tobacco and
hops as well as the de-coupled support and the inte-
gration of those sectors into the single payment scheme.

the integration of

For the purposes of the establishment of the amount and
the determination of payment
in the
framework of
tobacco, olive oil,
in the single payment
cotton and hops payments
scheme, specific rules should be established concerning
the national ceilings referred to in Article 41 of Regu-
lation (EC) No 1782/2003 and different aspects of the

entitlements

(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. 1. Regulation as last amended by Regu-

lation (EC) No 1701/2005 (OJ L 273, 19.10.2005, p. 6).

(3) OJ L 161, 30.4.2004, p. 48, corrected by OJ L 206, 9.6.2004, p. 20.

In Member States that applied the single payment scheme
in 2005,
for farmers who were allocated, bought or
received payment entitlements by the last date for
applying for the establishment of payment entitlements
for 2006, the value and number of their payment enti-
tlements
the
reference amounts and hectares derived from the inte-
gration of tobacco, olive oil and cotton payments. Set-
aside payment entitlements should not be taken into
account in this calculation.

should be recalculated as a result of

It should be allowed that the private contractual clause
referred to in Article 27 of Regulation (EC) No 795/2004
be inserted or modified in a lease contract until the last
date for lodging an application under the single payment
scheme in 2006.

For Member States that apply the regional model estab-
lished in Article 59(1) and (3) of Regulation (EC) No
1782/2003,
be
increased by a supplementary amount as a result of the
reference amounts derived from the integration of
tobacco, olive oil, cotton and hops payments.

entitlements

payment

should

all

In application of Article 71(1) of Regulation (EC) No
1782/2003, Malta and Slovenia have decided to apply
the single payment scheme in 2007. The third subpar-
agraph of Article 71(1) of that Regulation provides that
the transitional period shall not apply in respect of
cotton, olive oil and table olives and tobacco and shall
apply only until 31 December 2005 in respect of hops.
Malta and Slovenia would therefore be obliged to
implement the single payment scheme only for those
sectors and integrate all the other sectors in 2007. In
order
the single
it is therefore appropriate to provide
payment scheme,
for transitional
rules allowing them to continue the
in 2006, of the current regimes for olive
application,
groves in Malta and Slovenia and for hops in Slovenia,
which are the only sectors concerned in those Member
States. Malta and Slovenia could therefore proceed to the
implementation of the single payment scheme, in 2007,
for all the sectors.

to facilitate the transition towards

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(8)

(9)

Article 37 of Regulation (EC) No 1782/2003 as amended
by Regulation (EC) No 864/2004 provides that for the
olive oil sector, the reference amount corresponding to
the individual farmers is the four-year average of the total
amount of payments which a farmer was granted under
the olive oil production aid, calculated and adjusted
according to Annex VII to that Regulation, during the
marketing years 1999/2000, 2000/01, 2001/02 and
2002/03. At the time of adopting Regulation (EC) No
864/2004, the Commission had not fixed the definitive
amount of aid for the marketing year 2002/03.
It is
appropriate to amend point H of Annex VII to Regu-
lation (EC) No 1782/2003 in order to take into account
the unit amount of the production aid for olives for the
marketing year 2002/03 fixed in Commission Regulation
(EC) No 1299/2004 (1).

1. Annex I is amended as follows:

(a)

the entry for ‘Olive oil’ is replaced by the following:

Sector

‘Olive oil

Legal base

Notes

Title IV, Chapter 10b of this
Regulation

Area aid

Article 48a (10) of
Commission Regulation (EC)
No 795/2004 (1)

For Malta and
Slovenia in 2006

(1) OJ L 141, 30.4.2004, p. 1.’;

average number of hectares

Article 43 of Regulation (EC) No 1782/2003 provides
that the total number of payment entitlements is equal to
for which direct
the
payments have been granted during the
reference
period. As regards the olive oil sector, the number of
hectares
the
common method referred to in point H of Annex VII
to that Regulation. It is necessary to define the common
method to determine the number of hectares as well as
the
the payment entitlements and the utilisation of
payment entitlements in the olive oil sector.

calculated on the basis of

to be

is

(10) Articles 44 and 51 of Regulation (EC) No 1782/2003
consider as eligible to the single payment scheme areas
planted with olive trees after 1 May 1998 within
approved planting schemes. Those plantings may be
considered as investments in the framework of Article
21 of Regulation (EC) No 795/2004. The final date for
the authorised plantings under those schemes has been
fixed at 31 December 2006. It is necessary to fix a later
date for the investments concerning olive-tree plantings.

(b) the entry for ‘Hops’ is replaced by the following:

Sector

Legal base

Notes

‘Hops

Title IV, Chapter 10d of this
Regulation (***) (*****)

Area aid

Article 48a (11) of
Commission Regulation (EC)
No 795/2004

For Slovenia in
2006’

2.

‘(EC) No
in Annex VII,
1794/2003’ and the corresponding footnote are replaced by
the following:

in the first paragraph of point H,

‘(EC) No 1299/2004 (*)

___________
(*) OJ L 244, 16.7.2004, p. 16.’

(11)

Regulations (EC) No 1782/2003 and (EC) No 795/2004
should be amended accordingly.

Article 2

(12)

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

HAS ADOPTED THIS REGULATION:

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

1.

in Article 21(1), the following subparagraph is added:

‘However for the investments consisting of the planting of
olive trees in the context of programs approved by the
Commission, the date referred to in the first subparagraph
shall be 31.12.2006.’;

Article 1

Regulation (EC) No 1782/2003 is amended as follows:

(1) OJ L 244, 16.7.2004, p. 16.

2.

in Article 21(2), the following subparagraph is added:

‘However, for investments referred to in the second subpar-
agraph of paragraph 1, the implementation of the plan or
programme shall end by 31.12.2006 at the latest.’;

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3. the following Article 31b is added to Chapter 4:

4.

in Article 48a the following paragraphs are added:

‘Article 31b

Determination and use of payment entitlements in the
olive oil sector

The number of hectares to be taken into account for
1.
the determination of the number of payment entitlements
referred to in Article 43 and Annex VII, point H, of Regu-
lation (CE) No 1782/2003 is calculated by the Member
States in olive GIS -ha according to the common method
defined in annex XXIV of
the Regulation (CE) No
1973/2004.

2. With regards to the parcels occupied partially by olive
trees and partially by other crops covered by the single
payment scheme,
including set-aside areas, the calculation
method to be used to determine the surface occupied by
olive trees shall be the method referred to in paragraph 1.
The surface of the part of the area planted with other crops
covered by the single payment scheme is determined in
accordance with the integrated system provided for in Title
II, Chapter 4 of Regulation (CE) No 1782/2003.

‘10. Malta and Slovenia may grant aid for olive groves per
olive GIS-ha in 2006 up to a maximum of five categories of
olive groves areas as defined in Article 110i(2) of Regulation
(EC) No 1782/2003 and within the maximum amount fixed
in paragraph 3 of that Article, in accordance with objective
criteria and in such a way as to ensure equal treatment
between the farmers.

11.
For Slovenia, Articles 12 and 13 of Council Regu-
lation (EEC) No 1696/71 (*) and Council Regulation (EC)
No 1098/98 (**) shall continue to apply, respectively,
in
respect of the 2006 harvest and until 31 December 2006.

___________
(*) OJ L 175, 4.8.1971, p. 1.
(**) OJ L 157, 30.5.1998, p. 7.’;

5. the following Chapter is inserted:

‘CHAPTER 6b

INTEGRATION OF TOBACCO, OLIVE OIL, COTTON AND
HOPS PAYMENTS IN THE SINGLE PAYMENT SCHEME

The application of these two methods of calculation shall
not result in a surface higher than the agricultural surface of
the parcel.

Article 48c

General rules

3.
By way of derogation to paragraph 1, the common
method defined in Annex XXIV shall not be applicable in
cases where:

1. Where a Member State has made use of the option
in Article 71 of Regulation (EC) No
provided for
1782/2003 and decided to apply the single payment
scheme in 2006, the rules laid down in Title III of Regu-
lation (EC) No 1782/2003 and in Chapters 1 to 6 of this
Regulation shall apply.

(a) The olive-grove parcel

to be
determined by the Member State within the limits of a
size of 0,1 hectare.

is of a minimum size,

(b) The olive-grove parcel

is situated in an administrative
entity for which the Member State has established an
alternative system of olive-grove GIS.

In those cases, Member States determine the eligible area
according to objective criteria and in such a way as to
ensure equal treatment between farmers.

2. Where a Member State has applied the single payment
scheme in 2005 and without prejudice to the third subpar-
agraph of Article 71(1) of Regulation (EC) No 1782/2003,
for the purposes of the establishment of the amount and the
determination of payment entitlements in 2006 in the
framework of the integration of tobacco, olive oil, cottons
payments in the single payment scheme, Articles 37 and 43
of that Regulation shall apply subject to the rules established
in Article 48d of this Regulation and, in case the Member
State has made use of the option provided for in Article 59
in Article 48e of this
of Regulation (EC) No 1782/2003,
Regulation.

4.
The area to be considered for the use of payment
entitlements for the purposes of Article 44 of Regulation
(CE) No 1782/2003 shall be
calculated in
accordance with paragraphs 1, 2 and 3 of this Article.’;

the one

3. Where a Member State has applied the single payment
scheme in 2005, the Member State shall ensure the respect
of the national ceiling fixed in Annex VIII to Regulation (EC)
No 1782/2003.

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4. Where the case may be, Article 41(2) of Regulation
(EC) No 1782/2003 shall apply to the value of all
the
existing payment entitlements in 2006, before integration
of tobacco, olive oil, cotton and/or dairy payments, and to
tobacco, olive oil,
the reference amounts calculated for
cotton and/or dairy payments.

reference amount calculated in accordance with Article
37 of Regulation (EC) No 1782/2003 for the areas
which were granted tobacco, olive oil, cotton payments
in the reference period by the number established in
accordance with point (a) of this paragraph.

5. Where a Member State has applied the single payment
scheme in 2005, the percentage of reduction fixed by the
Member States in accordance with Article 42(1) of Regu-
lation (EC) No 1782/2003 shall apply in 2006 to the
tobacco, olive oil, cotton reference amounts to be integrated
in the single payment scheme.

The five-year period provided for in Article 42(8) of
for the
reserve
increased in

6.
Regulation (EC) No 1782/2003 shall not restart
payment entitlements coming from the national
whose amount has been recalculated or
accordance with Articles 48d and 48e of this Regulation.

7.
For the purpose of the establishment of the payment
entitlements in relation to cotton, tobacco and olive oil, the
the single payment scheme
first year of application of
referred to in Articles 7(1), 12 to 17 and 20 shall be 2006.

Set-aside payment entitlements shall not be taken into
account in the calculation referred to in the first subpar-
agraph.

By way of derogation from Article 27, the contractual
3.
clause referred to in that Article may be inserted or modified
in a lease contract by the date for lodging an application
under the single payment scheme in 2006 at the latest.

4.
Payment entitlements leased out before the date for
lodging an application under the single payment scheme in
2006 shall be taken into account in the calculation referred
to in paragraph 2. However, payment entitlements leased out
via a contractual clause as referred to in Article 27 before 15
May 2004 shall be taken into account in the calculation
referred to in paragraph 2 of this Article only if the lease
conditions may be adjusted.

Article 48d

Specific rules

Article 48e

Regional implementation

1.
If the farmer has not been allocated or has not bought
payment entitlements by the last date for applying for the
establishment of payment entitlements for 2006, he shall
receive payment entitlements calculated in accordance with
Articles 37 and 43 of Regulation (EC) No 1782/2003 for
tobacco, olive oil, cotton payments.

1. Where a Member State has made use of the option
provided for
in Article 59(1) of Regulation (EC) No
1782/2003, all payment entitlements shall be increased by
a supplementary amount corresponding to the increase of
the regional ceiling in 2006, divided by the total number of
payment entitlements allocated in 2005.

The first subparagraph shall apply also when the farmer has
leased in payment entitlements for 2005 and/or 2006.

If

2.
the farmer has been allocated or has bought or
received payment entitlements by the last date for applying
for the establishment of payment entitlements for 2006, the
value and number of his payment entitlements shall be recal-
culated as follows:

(a)

the number of payment entitlements shall be equal to
the number of payment entitlements he owns, increased
by the number of hectares established in accordance with
Article 43 of Regulation (EC) No 1782/2003 for
tobacco, olive oil, cotton payments granted in the
reference period;

(b) the value shall be obtained by dividing the sum of the
the payment entitlements he owns and the

value of

2. Where a Member State has made use of the option
provided for in Article 59(1) and (3) of Regulation (EC)
that
No 1782/2003, without prejudice to Article 48 of
Regulation, a farmer shall receive a supplementary amount
per payment entitlement.

The supplementary amount shall consist of the sum of the
following:

(a)

the corresponding part of the increase of the regional
ceiling divided by the total number of payment enti-
tlements allocated in 2005;

(b) the reference amount corresponding for each farmer to
the remaining part of the increase of the regional ceiling
divided by the number of payment entitlements that the
farmer owns by the date for lodging an application for
the single payment scheme for 2006 at the latest.

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However, in case of set aside entitlements, the farmer shall
receive only the supplementary amount calculated according
to point (a) per set aside entitlement.’;

6. the following Article 49a is inserted:

‘Article 49a

Integration of tobacco, cotton, olive oil and hops

1. Where a Member State has made use of the option
provided for in Article 59(1) and (3) of Regulation (EC)
No 1782/2003,
it shall communicate to the Commission,
by 1 October 2005 at the latest, the justification of the
partial division of the increase of the ceiling.

2. Member State shall communicate to the Commission,
by 1 October 2005 at the latest, the decision it has taken by

1 August as regards the options provided for in Article 68a
of Regulation (EC) No 1782/2003,
in points H and I of
Annex VII to that Regulation, and in Article 69 of that
Regulation as far as cotton, tobacco, olive oil and hops are
concerned.’

Article 3

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 2006.

However point 6 of Article 2 of this Regulation and paragraph
7 of Article 48c of Regulation (EC) No 795/2004 as added by
Article 2 point 5 of this Regulation shall apply from 1 October
2005.

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

Done at Brussels, 22 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission