Council Regulation (EC) No 247/2006 of  30 January 2006  laying down specific measures for agriculture in the outermost regions of the Union
Date: 2006-01-30
Institutions: Council of the European Union
Subjects: agricultural product, aid to agriculture, fixing of prices, peripheral region, regional aid, supply

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 247/2006

of 30 January 2006

laying down specific measures for agriculture in the outermost regions of the Union

THE COUNCIL OF THE EUROPEAN UNION,

(2)

establishing the European
Having regard to the Treaty
Community, and in particular Articles 36, 37 and 299(2)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

(3)

Having regard to the opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

To that end, notwithstanding Article 23 of the Treaty,
imports of certain agricultural products
from third
countries should be exempt from the applicable import
duties. To take account of their origin and the customs
the Community
treatment accorded to them under
provisions, products which have entered the Commu-
nity's customs
inward processing or
customs warehousing arrangements should be considered
as direct imports, for the purpose of granting the benefits
of the specific supply arrangements.

territory under

insularity and distant
of
competitiveness

In order to achieve the goal of lowering prices in the
outermost regions and mitigating the additional costs of
location while
their remoteness,
maintaining
Community
the
the supply of
products, aid should be granted for
products of Community origin to the outermost
regions. Such aid should take account of the additional
cost of transport to the outermost regions and the prices
applied to exports to third countries and, in the case of
agricultural inputs and products intended for processing,
the additional costs of insularity and distant location.

Whereas:

(4)

(1)

in the outermost

The particular geographical situation of the outermost
regions imposes additional transport costs in supplying
products which are essential for human consumption, for
processing or as agricultural inputs. In addition, objective
factors arising as a result of insularity and remoteness
impose further constraints on economic operators and
producers
severely
handicap their activities. In certain cases, operators and
producers suffer from double insularity. These handicaps
can be alleviated by lowering the price of these essential
products. It is therefore appropriate to introduce specific
supply
to the
outermost regions and compensate for the additional
insularity and
costs arising from their
distant location.

to guarantee

arrangements

remoteness,

regions

supply

that

(1) Not yet published in the Official Journal.
(2) See footnote 1.
(3) OJ C 231, 20.9.2005, p. 75.

functioning of

Since the quantities covered by the specific supply
arrangements are limited to the supply requirements of
the outermost regions, those arrangements do not impair
the proper
the internal market. Nor
should the economic advantages of the specific supply
arrangements provoke diversions of trade in the products
concerned. Dispatching or exportation of those products
should therefore be
regions
from the outermost
prohibited. However, dispatch or exportation of those
products
should be authorised where the advantage
resulting from the specific supply arrangements is reim-
bursed or, in the case of processed products, to permit
trade between the two Portuguese
regional
outermost regions. Account should also be taken of
traditional
the
outermost regions, and exports of processed products
those
corresponding to traditional
regions should accordingly be authorised. Nor should
the restriction apply to the traditional dispatching of
clarity,
processed products.
the
reference
traditionally
exported or dispatched quantities should be specified.

trade flows with third countries in all

sake of
those

the
defining

trade or

exports

period

For

for

for

all

(5)

(6)

(7)

(8)

(9)

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However, appropriate measures should be taken to allow
for the necessary restructuring of the sugar processing
sector in the Azores. These measures should take into
account that in order for the sugar sector on the Azores
to be viable a certain level of production and processing
needs to be ensured. Moreover, Portugal will have the
means under
local sugar
this Regulation to support
beet production. Against this background, dispatches of
sugar from the Azores to the rest of the Community
should be allowed exceptionally to exceed traditional
flows for a limited period of
to
progressively reduced annual limits. Given that the quan-
tities that may be re-dispatched will be proportional and
limited to the extent strictly necessary for ensuring the
viability of local sugar production and processing, the
temporary dispatching of sugar from the Azores will
not
the
Community.

internal market of

four years, subject

adversely

affect

the

In the case of C sugar to supply the Azores, Madeira and
the Canary Islands, the arrangements for exemption from
import duties provided for in Commission Regulation
(EEC) No 2177/92 of 30 July 1992 laying down
detailed rules for the application of the specific supply
arrangements for the Azores, Madeira and the Canary
Islands with regard to sugar (4)
should continue to
apply for the period laid down in Article 10(1) of
Council Regulation (EC) No 1260/2001 of 19 June
2001 on the common organisation of the markets in
the sugar sector (5).

ensured that agriculture continues and develops. The
Community should continue to support these lines of
production, which are a key factor in the environmental,
social and economic equilibrium of
the outermost
regions. Experience has shown that, as in the case of
rural development policy, a closer partnership with the
local authorities can help to address the particular issues
affecting the regions concerned in a more targeted way.
local production should thus continue
Support
the most appropriate
through general programmes at
geographical
to be submitted by the Member
level,
State concerned to the Commission.

for

(10)

supplies

To help achieve the goals of developing local agricultural
production and the supply of agricultural products, the
regions
level of programming of
concerned should be harmonised and the approach of
partnership between the Commission and the Member
States should be systematic. The supply programme
should therefore be
authorities
designated by the Member State and submitted to the
Commission for approval.

established by the

to the

(11)

Farmers in the outermost regions should be encouraged
to supply quality products and the marketing of these
should be assisted. Use of the graphic symbol introduced
by the Community may be useful for that purpose.

supply

To date the Canary Islands have been supplied under the
with milk-based
arrangements
specific
preparations falling within CN codes 1901 90 99 and
CN codes 2106 90 92 intended for industrial processing.
Supply of those products should be allowed to continue
for a transitional period, pending restructuring of local
industry.

(12)

the

In order to achieve the objectives of the specific supply
arrangements,
the
economic
arrangements must be in terms of production costs
and must cut prices up to the end-user stage. They
should therefore be granted only on condition that
they are actually passed on, and appropriate checks
must be carried out.

advantages

of

Community policy to assist
local production in the
outermost regions has involved a multitude of products
and measures
their production, marketing or
processing. These measures have proved effective and

for

support. The

Council Regulation (EC) No 1257/1999 of 17 May 1999
on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) (6)
defines
the rural development measures eligible for
Community support and the conditions for obtaining
certain farms or
that
structures of
processing and marketing firms
in the outermost
regions are seriously defective and face specific diffi-
culties. Provision should accordingly be made for the
possibility of derogations for certain types of investment
from the provisions
some
structural aid provided for
in Regulation (EC) No
1257/1999.

restricting the grant of

(13) Article 29(3) of Regulation (EC) No 1257/1999 restricts
the grant of forestry support to forests and wooded areas
belonging to private owners and municipalities and asso-
ciations thereof. Parts of the forests and wooded areas
located in the outermost regions belong to public autho-
these circum-
rities other
stances,
the conditions laid down in the said Article
should be made more flexible.

than municipalities. Under

(4) OJ L 217, 31.7.1992, p. 71. Regulation repealed by Regulation (EC)

No 21/2002 (OJ L 8, 11.1.2002, p. 15).

(5) OJ L 178, 30.6.2001, p. 1. Regulation as amended by Commission

(6) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regu-

Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

lation (EC) No 2223/2004 (OJ L 379, 24.12.2004, p. 1).

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(14) Article 24(2) of Regulation (EC) No 1257/1999 and the
Annex thereto determine the maximum amounts per
year eligible for Community agri-environmental aid. To
take into account the specific environmental situation of
certain very sensitive pasture areas in the Azores and the
preservation of the landscape and traditional features of
agricultural land, in particular the areas of terrace culti-
vation in Madeira, provision should be made for the
possibility,
in the case of certain specific measures, of
increasing those amounts up to twofold.

(15) A derogation may be granted from the Commission's
consistent policy of not authorising State operating aid
for the production, processing and marketing of agri-
cultural products covered by Annex I to the Treaty in
order to mitigate the specific constraints on farming in
the outermost regions as a result of their remoteness,
insularity and distant location, small area, mountainous
terrain and climate and their economic dependency on a
small number of products.

(16)

(17)

The plant health of agricultural crops in the outermost
regions is subject to particular problems associated with
the climate and the inadequacy of the control measures
hitherto applied there. Programmes should therefore be
implemented to combat harmful organisms, including by
financial contri-
organic methods. The Community's
bution towards such programmes should be specified.

is an economic and environmental

The maintenance of vineyards, which are the most wide-
spread type of cultivation in the regions of Madeira and
the Canary Islands and a very important one for the
Azores,
imperative.
abandonment
To help support production, neither
premiums nor market mechanisms should be applicable
in these regions, but nonetheless, in the Canary Islands, it
should be possible to apply crisis distillation measures in
the event of exceptional market disturbance arising from
quality problems. Similarly, technical and socio-economic
difficulties have prevented the
conversion
within the time limits set of the areas in the regions of
Madeira and the Azores under vines of hybrid varieties
prohibited by the common organisation of the market in
wine. The wine produced by such vineyards is intended
solely for traditional local consumption. Additional time
will
converted while
preserving a regional economic fabric very heavily
reliant upon wine-growing. Portugal should notify the
Commission,
in
converting the areas concerned.

allow such vineyards

the progress made

each year, of

complete

to be

(19)

(20)

(21)

levy in the milk and milk products

handicaps connected with their distant location and the
absence of profitable alternative lines of production, the
derogation from certain provisions of Council Regulation
(EC) No 1788/2003 of 29 September 2003 establishing
sector (7),
a
introduced by Article 23 of Council Regulation (EC)
No 1453/2001 of 28 June 2001 introducing specific
measures
the
and renewed by
Azores
Council Regulation (EC) No 55/2004 (9)
should be
confirmed with respect to the application of the supple-
mentary levy in the milk and milk products sector in the
Azores.

certain agricultural products
(Poseima) (8)

and Madeira

for

for

Support for the production of cow's milk in Madeira has
succeeded in maintaining the balance between
not
domestic and external supply, chiefly because of
the
serious structural difficulties affecting the sector and its
poor capacity to adapt to new economic environments.
Consequently, authorisation to produce reconstituted
UHT milk from milk powder of Community origin
should continue, with a
local
consumption more fully.

view to covering

The need to maintain local production by means of
incentives
justifies not applying Regulation (EC) No
1788/2003 in the French overseas departments and
Madeira. For Madeira this exemption should be subject
to a limit of 4 000 tonnes, corresponding to the current
production of 2 000 tonnes
a
reasonable possibility of increased production, estimated
at present at a maximum of 2 000 tonnes.

and allowing for

should

activities

farming
to meet

livestock
In order

be
Traditional
supported.
the local consumption
needs of the French overseas departments and Madeira,
duty-free imports from third countries of male bovine
animals intended for
fattening should be authorised
subject
to certain conditions and up to a maximum
annual limit. The possibility opened under Council Regu-
lation (EC) No 1782/2003 of 29 September 2003 estab-
lishing common rules for direct support schemes under
the common agricultural policy and establishing certain
support schemes for farmers (10) to enable Portugal to
transfer rights to the suckler cow premium from the
mainland to the Azores should be renewed and that
instrument should be adjusted in line with the new
support arrangements for the outermost regions.

(18)

The restructuring of the milk sector is not yet complete
in the Azores. In line with the high dependence of the
combined with other
Azores on milk production,

(7) OJ L 270, 21.10.2003, p. 123. Regulation as last amended by
Regulation (EC) No 2217/2004 (OJ L 375, 23.12.2004, p. 1).
(8) OJ L 198, 21.7.2001, p. 26. Regulation as last amended by Regu-

lation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

(9) OJ L 8, 14.1.2004, p. 1.
(10) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
L 347,

Commission Regulation (EC) No 2183/2005 (OJ
30.12.2005, p. 56).

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(22)

(23)

it

Islands.

Economically

importance in the
Tobacco growing is of historical
Canary
tobacco
speaking,
preparation continues to be one of the chief industrial
activities in the region.
In social terms, tobacco culti-
vation is very labour-intensive and carried out by small
farms. Since the crop is not
sufficiently profitable,
however,
is in danger of dying out. Tobacco is
currently cultivated on only a small area on the island
of La Palma, for the small-scale manufacture of cigars.
Spain should therefore be authorised to continue to grant
aid in addition to Community aid so that this traditional
crop can be maintained with a view to supporting the
artisanal activity associated with it.
to
maintain the manufacture of tobacco products, imports
into the Canary Islands of raw and semi-manufactured
tobacco should continue to be exempt from customs
duty, up to an annual
limit of 20 000 tonnes of
stripped raw tobacco equivalent.

In addition,

for

for

to the

Regulation

under Council

certain agricultural products

should have at
support

Implementation of this Regulation must not jeopardise
the level of special support from which the outermost
regions have benefited up to now. For that reason, so
that they can carry out the appropriate measures, the
sums
their disposal
Member States
already granted by the
equivalent
Community
(EC) No
1452/2001 of 28 June 2001 introducing specific
measures
the
(Poseidom) (11), Council
French overseas departments
Regulation (EC) No 1453/2001 and Council Regulation
(EC) No 1454/2001 of 28 June 2001 introducing
specific measures for certain agricultural products for
the Canary Islands (Poseican) (12) and sums granted to
farmers established in those regions under Council Regu-
lation (EC) No 1254/1999 of 17 May 1999 on the
common organisation of
and
veal (13), Council Regulation (EC) No 2529/2001 of 19
December 2001 on the common organisation of the
market in sheepmeat and goatmeat (14), Council Regu-
lation (EC) No 1784/2003 of 29 September 2003 on
the common organisation of the market in cereals (15)
and sums granted for the supply of rice to the French
overseas department of Réunion under Article 5 of
Council Regulation
of 29
(EC) No
September 2003 on the common organisation of the
market in rice (16). The new system of support for agri-
cultural production in the outermost regions established
by this Regulation should be coordinated with the
support for the same lines of production in force in
the rest of the Community.

the market

1785/2003

in beef

(11) OJ L 198, 21.7.2001, p. 11. Regulation as last amended by Regu-

lation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

(12) OJ L 198, 21.7.2001, p. 45. Regulation as last amended by Regu-

lation (EC) No 1690/2004.

(13) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(14) OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regu-

lation (EC) No 1913/2005.

(15) OJ L 270, 21.10.2003, p. 78. Regulation as amended by
L 187,

Commission Regulation (EC) No 1154/2005 (OJ
19.7.2005, p. 11).

(16) OJ L 270, 21.10.2003, p. 96.

(24)

(25)

(26)

(EC) No 1453/2001
Regulations (EC) No 1452/2001,
and (EC) No 1454/2001 should be repealed. Regulation
(EC) No 1782/2003 and Regulation (EC) No 1785/2003
should also be amended to ensure coordination of the
respective arrangements.

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (17).

The programmes provided for by this Regulation should
start to apply upon notification of their approval by the
Commission. To enable the programmes to start at this
time, the Member States and the Commission should be
permitted to take all the preparatory measures between
the date of entry into force of this Regulation and that of
the application of the programmes,

HAS ADOPTED THIS REGULATION:

TITLE 1

SUBJECT

Article 1

Subject

location, small surface area,

This Regulation lays down specific measures on agriculture to
remedy the difficulties caused by the remoteness,
insularity,
terrain, difficult climate
distant
the
and dependence on a limited number of products of
regions of
the
the Union referred to in Article 299(2) of
Treaty, hereinafter referred to as the ‘outermost regions’.

TITLE II

SPECIFIC SUPPLY ARRANGEMENTS

Article 2

Forecast supply balance

Specific supply arrangements are hereby introduced for
1.
to the Treaty,
the agricultural products listed in Annex I
which are essential
for human
in the outermost
consumption, for the manufacture of other products or as agri-
cultural inputs.

regions

(17) OJ L 184, 17.7.1999, p. 23.

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A forecast supply balance shall be drawn up stating the
2.
quantity of the agricultural products referred to in paragraph 1
needed to meet supply requirements each year. A separate
forecast balance may be drawn up for the requirements of
undertakings packaging and processing products intended for
the local market,
for traditional consignment to the rest of
the Community or for export as part of regional trade or tradi-
tional trade flows.

(c)

the economic aspect of the proposed aid.

4.
Entitlement under the specific supply arrangements shall
be subject to the condition that the economic advantage derived
either from exemption from import duties or from aid is
actually passed on to the end user.

Article 3

Operation of the arrangements

the quantities determined in the
1. Within the limit of
forecast
shall apply to direct
imports from third countries into the outermost regions of
products covered by the specific supply arrangements.

supply balance, no duties

Article 4

Export to third countries and dispatch to the rest of the
Community

1.
Products covered by the specific supply arrangements may
be exported to third countries or dispatched to the rest of the
Community only on conditions laid down under the procedure
referred to in Article 26(2).

Products which have entered the Community's customs territory
under inward processing or customs warehousing arrangements
shall be considered as direct imports from third countries for
the purposes of this Title.

the requirements established in
2.
To ensure coverage of
in terms of price and quality,
accordance with Article 2(2)
while taking care to maintain the Community's
share in
supplies, aid shall be granted to supply the outermost regions
with Community products held in public intervention storage
or available on the Community market.

Such aid shall be determined for each type of product
concerned to take account of the additional cost of transport
to the outermost regions and the prices applied to exports to
third countries and,
in the case of products intended for
processing and agricultural inputs, the additional costs of insu-
larity and distant location.

In implementing

3.
the
account shall be taken, in particular, of the following:

specific

supply

arrangements,

Those conditions shall include payment of import duties on the
products referred to in Article 3(1) or reimbursement of the aid
the
the
received under
products referred to in Article 3(2).

supply arrangements

specific

for

Those conditions shall not apply to trade flows between French
overseas departments.

2.
The restriction provided for in paragraph 1 shall not apply
to products processed in the outermost regions from products
having benefited from the specific supply arrangements which
are:

(a) exported to third countries or dispatched to the rest of the
Community within the limits of
traditional exports and
traditional dispatches. Those quantities shall be specified
by the Commission in accordance with the procedure laid
the average of
down in Article 26(2), on the basis of
exports or dispatches during the years 1989, 1990 and
1991;

(a)

the specific requirements of the outermost regions and, in
the case of products intended for processing and agricultural
inputs, the quality requirements;

(b) exported to third countries as part of regional trade flows in
accordance with destinations and conditions specified under
the procedure referred to in Article 26(2);

(b) trade flows with the rest of the Community;

(c) dispatched from the Azores to Madeira or vice versa;

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(d) dispatched from Madeira to the Canary Islands or vice versa.

per tonne and EUR 59 per tonne respectively and shall be
included in the limit laid down in Article 23.

No export
exported.

refund shall be granted for

the products thus

Article 7

Imports of rice into Réunion

3.
By way of derogation from paragraph 2(a), the following
(CN code 1701) may be
maximum quantities of
dispatched from the Azores to the rest of the Community for
the following years:

sugar

No customs duties shall be charged in the French overseas
department of Réunion on products falling within CN codes
1006 10, 1006 20 and 1006 40 00 imported for consumption
there.

— in 2006: 3 000 tonnes,

— in 2007: 2 285 tonnes,

— in 2008: 1 570 tonnes,

— in 2009: 855 tonnes.

Article 5

Sugar

During the period referred to in Article 10(1) of Regu-
1.
lation (EC) No 1260/2001, C sugar referred to in Article 13 of
that Regulation, exported in accordance with the relevant
provisions of Commission Regulation (EEC) No 2670/81 of
14 September 1981 laying down detailed implementing rules
in respect of sugar production in excess of the quota (18) and
brought
in to be consumed in Madeira and in the Canary
Islands in the form of white sugar falling within CN code
1701 and to be refined and consumed in the Azores in the
form of raw sugar falling within CN code 1701 12 10, shall
benefit, under the conditions set out in this Regulation, from
the exemption from import duties within the limit of
the
forecast supply balance referred to in Article 2 of this Regu-
lation.

sugar beet. The

2. When determining raw sugar requirements of the Azores,
account shall be taken of the development of local production
supply
quantities
of
arrangements shall be determined so as to ensure that
the
total volume of sugar refined in the Azores each year does
not exceed 10 000 tonnes.

covered by

the

Article 8

Detailed rules for the application of the arrangements

Detailed rules for the application of this Title shall be adopted
in accordance with the procedure referred to in Article 26(2).
Such rules shall in particular define the conditions under which
the Member States may amend the product quantities and the
resources allocated each year to the various products eligible
under the specific supply arrangements and, where necessary,
establish a system of import licences or delivery certificates.

TITLE III

MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS

Article 9

Support programmes

Community support programmes

the outermost
1.
regions shall be established containing specific measures to
assist local
lines of agricultural production within the scope
of Title II of Part Three of the Treaty.

for

Community support programmes shall be established at
2.
the geographical
level which the Member State concerned
deems most appropriate. They shall be prepared by the
competent authorities designated by the Member State, which
shall submit
them to the Commission after the competent
authorities and organisations have been consulted at the appro-
priate territorial level.

Article 6

Milk-based preparations

By way of derogation from Article 2, for the period from 1
January 2006 to 31 December 2009 the Canary Islands may
continue to receive supplies of milk-based preparations falling
within CN codes 1901 90 99 and 2106 90 92 intended for
industrial processing of up to 800 tonnes per year and 45
tonnes per year respectively. Aid granted for supplies of those
two products from the Community may not exceed EUR 210

(18) OJ L 262, 16.9.1981, p. 14. Regulation as last amended by Regu-

lation (EC) No 95/2002 (OJ L 17, 19.1.2002, p. 37).

Only one Community support programme per outermost

3.
region may be submitted.

Article 10

Measures

Community support programmes shall contain the measures
needed to ensure continuity and development of local lines of
agricultural production in each outermost region.

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Article 11

Compatibility and consistency

Council Regulations
1453/2001 and (EC) No 1454/2001;

(EC) No 1452/2001,

(EC) No

1. Measures taken under support programmes must comply
with Community law and be consistent with other Community
policies and with the measures taken under those policies.

taken under

the measures

Consistency of

support
2.
other
programmes with measures
instruments of
and in
particular the common organisations of markets, rural devel-
opment, product quality, animal welfare and protection of the
environment, must be ensured.

common agricultural policy,

implemented

under

the

In particular, no measure under this Regulation may be financed
as:

(b) a description of

the priorities
selected,
an appraisal
showing the expected economic, environmental and social
impact, including employment effects;

the strategy proposed,
and

quantified objectives,

its

(c) a description of

contemplated,

the measures

and in
particular aid schemes for implementing the programme,
and, where appropriate, information on the needs for any
studies, demonstration projects,
technical
assistance operations relating to the preparation, implemen-
tation or adaptation of the measures concerned;

training or

(a) additional support for premium or aid schemes under a
common organisation of the market save in exceptional
cases justified by objective criteria;

(d) a schedule for the implementation of the measures and a
general indicative financing table showing the resources to
be deployed;

(b) support for research projects, measures to support research
projects or measures eligible for Community financing
under Council Decision 90/424/EEC of 26 June 1990 on
expenditure in the veterinary field (19);

(e) proof of

the compatibility and consistency between the
various measures under the programmes and the criteria
and quantitative indicators to be used for monitoring and
evaluation;

(c) support for measures within the scope of Regulation (EC)
No 1257/1999 and Council Regulation (EC) No 1698/2005
of 20 September 2005 on support for rural development by
the European Agricultural Fund for Rural Development
(EAFRD) (20).

(f)

the steps taken to ensure the programmes are implemented
effectively and appropriately, including the arrangements for
publicity, monitoring and evaluation, and a specified set of
quantified indicators for use in programme evaluation and
the provisions for checks and penalties;

Article 12

Content of Community support programmes

A Community support programme shall contain:

(g) the designation of

competent

and bodies
responsible for implementing the programme and the desig-
nation at the appropriate levels of authorities or associated
bodies and socio-economic partners, and the results of
consultations held.

authorities

(a) a

quantified

description of

agricultural
the results of
production situation taking into account
available
and
gaps
showing
potential for development, the financial resources deployed
and the main results of operations undertaken under

evaluations,

disparities,

current

the

(19) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(20) OJ L 277, 21.10.2005, p 1.

Article 13

Monitoring

indicators
for
The procedures and physical and financial
ensuring effective monitoring of
implementation of
Community programmes shall be adopted in accordance with
the procedure referred to in Article 26(2).

the

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TITLE IV

ACCOMPANYING MEASURES

Article 14

Graphic symbol

1.
A graphic symbol shall be introduced with a view to
ensuring greater awareness and consumption of quality agri-
cultural products, whether natural or processed, specific to the
outermost regions.

2.
The conditions for using the graphic symbol provided for
in paragraph 1 shall be proposed by the trade organisations
concerned. The national
such
proposals, with their opinion, to the Commission for approval.

authorities

forward

shall

Use of the symbol shall be monitored by an official authority or
a body approved by the competent national authorities.

Article 15

Rural development

restructuring or a shift

agriculture on agricultural holdings of

Notwithstanding Article 7 of Regulation (EC) No
1.
in the case of the outermost regions, the total
1257/1999,
the aid for investments intended in particular to
value of
towards
encourage diversification,
sustainable
small
economic size, to be defined in the programme complement
referred to in Articles 18(3) and 19(4) of Council Regulation
(EC) No 1260/1999 of 21 June 1999 laying down general
Funds (21),
a
provisions on the Structural
percentage of
the volume of eligible investments, shall not
exceed 75 %.

expressed as

Notwithstanding Article 28(2) of Regulation (EC) No
2.
in the case of the outermost regions, the total
1257/1999,
the aid for investments in enterprises engaged in
value of
consisting
processing and marketing agricultural products
mainly of
local produce in sectors to be defined in the
programme complements referred to in Articles 18(3) and
19(4) of Regulation (EC) No 1260/1999, expressed as a
the volume of eligible investments, shall not
percentage of
small and
exceed 65 %. The total value of
same
medium-sized enterprises, otherwise
conditions, shall not exceed 75 %.

the aid for

to the

subject

3.
The restriction provided for in Article 29(3) of Regulation
(EC) No 1257/1999 shall not apply to tropical or subtropical

(21) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 173/2005 (OJ L 29, 2.2.2005, p. 3).

forests or wooded areas situated in the territory of the French
overseas departments, the Azores and Madeira.

Notwithstanding Article 24(2) of Regulation (EC) No
4.
1257/1999,
the maximum amounts per year eligible for
Community aid, as set out in the Annex to that Regulation,
may be increased up to twofold in the case of the measure to
protect lakes in the Azores and the measure to preserve the
landscape and traditional
in
particular the conservation of stone walls supporting terraces
in Madeira.

features of agricultural

land,

A description of the measures planned under this Article
5.
shall be included, where appropriate,
in the programmes for
these regions referred to in Articles 18 and 19 of Regulation
(EC) No 1260/1999.

Article 16

State aid

1.
For the agricultural products covered by Annex I to the
Treaty, to which Articles 87, 88 and 89 thereof apply, the
sectors
Commission may authorise operating aid in the
producing, processing and marketing those products, with a
view to mitigating the specific constraints on farming in the
outermost regions as a result of their remoteness, insularity and
distant location.

financing for the
2. Member States may grant additional
implementation of
support programmes
the Community
referred to in Title III of this Regulation. In such cases they
must notify the Commission of
the State aid and the
Commission must approve it in accordance with this Regulation
as part of those programmes. Aid thus notified shall be regarded
as being notified within the meaning of the first sentence of
Article 88(3) of the Treaty.

Article 17

Plant health programmes

1.
France and Portugal shall submit programmes to the
Commission for the control of organisms harmful to plants
or plant products in the French overseas departments and the
Azores and Madeira respectively. The programmes shall specify
in particular the objectives to be achieved, the measures to be
their duration and their cost. The programmes
carried out,
submitted pursuant
to this Article shall not concern the
protection of bananas.

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The Community shall contribute to the financing of the
2.
programmes provided for in paragraph 1 on the basis of a
technical analysis of the regional situations.

varieties, with, where appropriate, the support provided for in
Chapter III of Title II of Regulation (EC) No 1493/1999.

3.
The financial contribution of the Community provided for
in paragraph 2 and the amount of the aid shall be decided in
accordance with the procedure referred to in Article 26(1) and
(3). The measures eligible for Community financing shall be
defined in accordance with the same procedure.

Portugal shall notify the Commission, each year, of the progress
made in converting and restructuring areas planted with
prohibited direct-producer hybrid vine varieties.

Such contribution may cover up to 60 % of eligible expenditure
in the French overseas departments and up to 75 % of eligible
expenditure in the Azores and Madeira. Payment shall be made
on the basis of documentation provided by the French and
Portuguese authorities. If necessary, checks may be organised
by the Commission and conducted on its behalf by experts as
referred to in Article 21 of Council Directive 2000/29/EC of 8
May 2000 on protective measures against the introduction into
the Community of organisms harmful
to plants or plant
products and against their spread within the Community (22).

Article 18

Wine

1.
Chapter II of Title II and Chapters I and II of Title III of
Council Regulation (EC) No 1493/1999 of 17 May 1999 on the
common organisation of the market in wine (23) and Chapter III
of Commission Regulation (EC) No 1227/2000 of 31 May
2000 laying down detailed rules
the application of
Council Regulation (EC) No 1493/1999 on the common orga-
nisation of
regards production
in wine,
potential (24) shall not apply to the Azores and Madeira.

the market

for

as

Notwithstanding Article 19(1) of Regulation (EC) No
2.
from prohibited direct-producer hybrid
1493/1999, grapes
vine varieties (Noah, Othello,
Jacquez, Clinton and
Herbemont) harvested in the Azores and Madeira may be
used for the production of wine which must remain within
those regions.

Isabelle,

By 31 December 2013 Portugal shall have gradually eliminated
vineyards planted with prohibited direct-producer hybrid vine

(22) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Directive

2005/77/EC (OJ L 296, 12.11.2005, p. 17).

(23) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

(24) OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1216/2005 (OJ L 199, 29.7.2005, p. 32).

3.
Chapter II of Title II and Title III of Regulation (EC) No
1493/1999 and Chapter III of Regulation (EC) No 1227/2000
for the crisis
shall not apply to the Canary Islands, except
distillation referred to in Article 30 of Regulation (EC) No
1493/1999,
if there is exceptional market disturbance caused
by problems of quality.

Article 19

Milk

1.
As from the marketing year 1999/2000, for the purposes
of sharing the additional levy between the producers referred to
in Article 4 of Regulation (EC) No 1788/2003, only producers
within the meaning of Article 5(c) of that Regulation, estab-
lished and producing in the Azores, who market quantities
exceeding their reference quantity increased by the percentage
referred to in the third subparagraph of this paragraph shall be
deemed to have contributed to the overrun.

The additional
levy shall be due on quantities exceeding the
increased by the abovementioned
reference quantity thus
percentage, after reallocation of the unused quantities within
the margin resulting from this
the
producers within the meaning of Article 5(c) of Regulation
(EC) No 1788/2003 established and producing in the Azores,
and in proportion to the reference quantity available to each
producer.

among all

increase

to the ratio between the quantities

The percentage referred to in the first subparagraph shall be
respectively of
equal
73 000 tonnes
the marketing years 1999/2000 to
2004/2005 and 23 000 tonnes as from the marketing year
2005/2006 and the total of the reference quantities available
on each holding on 31 March 2000. It shall apply only to the
reference quantities available on 31 March 2000.

for

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The quantities of milk or milk equivalent marketed which
2.
exceed the reference quantities but which comply with the
percentage referred to in paragraph 1, after the reallocation
referred to in that same paragraph, shall not be taken into
account in establishing any overrun by Portugal as calculated
in accordance with Article 1 of Regulation (EC) No 1788/2003.

The additional

3.
levy scheme applicable to producers of
cow's milk provided for in Regulation (EC) No 1788/2003
shall not apply in the French overseas departments or, within
in
the limit of
Madeira.

local production of 4 000 tonnes of milk,

4.
Notwithstanding Articles 2 and 3 of Council Regulation
(EC) No 2597/97 of 18 December 1997 laying down additional
rules on the common organisation of the market in milk and
milk products for drinking milk (25), the production in Madeira
of UHT milk reconstituted from milk powder originating in the
Community shall be authorised within the limits of
local
consumption requirements,
insofar as this measure ensures
that locally produced milk is collected and finds outlets. This
product shall be used for local consumption only.

Detailed rules for the application of this paragraph shall be
adopted in accordance with the procedure referred to in
Article 26(2). The detailed rules shall determine, in particular,
the quantity of locally produced fresh milk to be incorporated
into the reconstituted UHT milk referred to in the first subpar-
agraph.

Article 20

Livestock farming

1.
Until the local numbers of young male bovines reach a
level sufficient to ensure the maintenance and development of
local beef production in the French overseas departments and
Madeira, the possibility shall be introduced of importing bovine
animals from third countries, without applying the customs
referred to in Article 30 of Regulation (EC) No
duties
1254/1999,
fattening and consumption in the French
overseas departments and Madeira.

for

The numbers of animals qualifying for the exemption
2.
referred to in paragraph 1 shall be determined when the need
to import is justified, taking account of the development of
local production. These numbers, and detailed rules for the
the
application of
minimum duration of the fattening period, shall be fixed in
accordance with the procedure referred to in Article 26(2).
Priority for such animals shall be given to producers keeping
animals for fattening at least 50 % of which are of local origin.

in particular

this Article,

including

3. Where Article 67 and Article 68(2)(a)(i) of Regulation (EC)
No 1782/2003 are applied, Portugal may reduce the national
ceiling for sheep and goat payment and suckler cow premium
rights. In such case, in accordance with the procedure referred
to in Article 26(2), the corresponding amount shall be trans-
ferred from the
abovementioned
provisions to the financial resources referred to in the second
indent of Article 23(2).

set under

ceilings

the

Article 21

State aid for tobacco production

Spain is hereby authorised to grant aid for the production of
tobacco in the Canary Islands in addition to the premium
provided for in Title I of Regulation (EEC) No 2075/92 of 30
June 1992 on the common organisation of the market in raw
tobacco (26). The grant of this aid may not result in discrimi-
nation between producers in the islands.

The amount of the aid may not exceed EUR 2 980,62 per
tonne. The additional aid shall be paid for up to 10 tonnes
each year.

Article 22

Exemption of tobacco from customs duties

1.
No customs duties shall be applied to direct imports into
the Canary Islands of raw and semi-manufactured tobacco
falling, respectively, within:

Article 3(4) and Article 4(1) shall apply to animals qualifying
for the exemption referred to in the first subparagraph of this
paragraph.

(a) CN code 2401; and

(25) OJ L 351, 23.12.1997, p. 13. Regulation as last amended by Regu-

(26) OJ L 215, 30.7.1992, p. 70. Regulation as last amended by Regu-

lation (EC) No 1602/1999 (OJ L 189, 22.7.1999, p. 43).

lation (EC) No 1679/2005 (OJ L 271, 15.10.2005, p. 1).

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(b) the following subheadings:

— 2401 10 Tobacco, not stemmed/stripped,

— 2401 20 Tobacco, partly or wholly stemmed/stripped,

— ex 2401 20 Outer coverings for cigars presented on
supports, in reels for the manufacture of tobacco,

— 2401 30 Tobacco waste,

The Community shall finance the measures provided for
2.
in Titles II and III of this Regulation up to an annual maximum
as follows:

— French overseas departments:

EUR 84,7 million,

— Azores and Madeira:

EUR 77,3 million,

— Canary Islands:

EUR 127,3 million.

— ex 2402 10 Unfinished cigars without wrapping,

The amounts allocated annually to the programmes

3.
provided for in Title II may not exceed:

— ex 2403 10 Cigarette rag (finished mixtures of tobacco
for the manufacture of cigarettes, cigars, cheroots and
cigarillos),

— French overseas departments:

EUR 20,7 million,

— Azores and Madeira:

EUR 17,7 million,

— ex 2403 91 Homogenised or

reconstituted tobacco,

whether or not put up in sheets or strips,

— Canary Islands:

EUR 72,7 million.

— ex 2403 99 Expanded tobacco.

The exemption provided for in the first subparagraph shall
the local manufacture of
apply to products
tobacco products, up to an annual
import limit of 20 000
tonnes of raw stripped tobacco equivalent.

intended for

2.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
26(2).

4.
For 2006, the annual amounts referred to in paragraphs 2
and 3 shall be reduced by the amounts of any expenditure
incurred under measures implemented in accordance with the
Regulations referred to in Article 29.

TITLE VI

GENERAL AND FINAL PROVISIONS

Article 24

shall

the draft of an overall
1. Member States
programme to the Commission in the framework of
the
financial allocation referred to in Article 23(2) and (3) by
14 April 2006 at the latest.

submit

TITLE V

FINANCIAL PROVISIONS

Article 23

Financial resources

The draft programme shall comprise a draft of the forecast
supply balance referred to in Article 2(2)
indicating the
the quantities thereof and the amount of aid for
products,
supply from the Community together with a draft of
the
programme of support
for local production referred to in
Article 9(1).

1.
The measures provided for in this Regulation, except for
Article 15, shall constitute intervention intended to stabilise the
agricultural markets within the meaning of Article 2(2) of
Council Regulation (EC) No 1258/1999 of 17 May 1999 on
the financing of the common agricultural policy (27) for the
period up to 31 December 2006. With effect from 1 January
2007 the same measures
shall constitute intervention to
regulate agricultural markets within the meaning of Article
3(1)(b) of Council Regulation (EC) No 1290/2005 of 21 June
2005 on the financing of the common agricultural policy (28).

The Commission shall evaluate the overall programmes
2.
proposed and decide on their approval within four months of
their submission at the latest in accordance with the procedure
referred to in Article 26(2).

(27) OJ L 160, 26.6.1999, p. 103. Regulation repealed by Regulation

(EC) No 1290/2005 (OJ L 209, 11.8.2005, p. 1).

(28) OJ L 209, 11.8.2005, p. 1.

3.
Each overall programme shall apply from the date of the
Commission's notification of its approval to the Member State
concerned.

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Article 25

Implementing rules

Article 27

National measures

The measures necessary for the implementation of this Regu-
lation shall be adopted in accordance with the procedure
referred to in Article 26(2). They shall include in particular:

— the conditions under which Member States may amend the
quantities and levels of aid for supply and the support
measures or the allocation of resources allotted to support
local production,

— the provisions relating to the minimum specifications of the
checks and penalties which Member States must apply,

— the fixing of measures and eligible amounts, under Article
23(1), for the studies, demonstration projects, training and
technical assistance operations referred to in Article 12(c),
these
and a maximum percentage for the financing of
measures,
each
amount of
programme.

calculated from the

total

Article 26

Management Committee

1.
The Commission shall be assisted by the Management
Committee for Direct Payments established by Article 144 of
Regulation (EC) No 1782/2003, except for the implementation
of Article 15 of this Regulation, for which it shall be assisted by
the Committee on Agricultural Structures and Rural Devel-
opment
set up by Article 50 of Regulation (EC) No
1260/1999, and for the implementation of Article 17 of this
for which it shall be assisted by the Standing
Regulation,
by Decision
on
Committee
76/894/EEC (29).

Plant Health

established

Member States shall
compliance with this Regulation,
checks and administrative penalties, and shall
Commission thereof.

take the measures necessary to ensure
regards
inform the

in particular as

Article 28

Communications and reports

1. Member States shall communicate to the Commission not
later than 15 February each year the appropriations made
available
to them which they intend to spend in the
following year on implementation of the programmes covered
by this Regulation.

2. Member States shall submit to the Commission, not later
than 31 July each year, a report on the implementation of the
measures provided for in this Regulation over the previous year.

Not later than 31 December 2009, and thereafter every
3.
five years, the Commission shall submit a general report to the
European Parliament and the Council showing the impact of the
action taken under this Regulation, accompanied if applicable
by appropriate proposals.

Article 29

Repeals

Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC)
No 1454/2001 are hereby repealed.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall set at be one month.

References to the repealed Regulations shall be understood as
references to this Regulation and shall be read in accordance
with the correlation table in Annex I.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

Article 30

Transitional measures

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

(29) OJ L 340, 9.12.1976, p. 25.

In accordance with the procedure referred to in Article 26(2),
the Commission may adopt the necessary transitional measures
to ensure a smooth transition between the arrangements in
force for 2005 and the measures introduced by this Regulation.

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Article 31

Amendment of Regulation (EC) No 1782/2003

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

1. Article 70 shall be amended as follows:

(a) paragraph 1(b) shall be replaced by the following:

‘(b) all other direct payments listed in Annex VI granted
to farmers in the reference period in the French
overseas departments, the Azores and Madeira, the
Canary Islands and the Aegean Islands and the direct
payments granted in the reference period under
Article 6 of Regulation (EEC) No 2019/93.’;

under the conditions established in Title IV, Chapters 3, 6
and 7 to 13, of this Regulation and in Article 6 of Regu-
lation (EEC) No 2019/93 respectively, within the limit of
budgetary ceilings corresponding to the component of
these direct payments in the national ceiling referred to in
Article 41 of this Regulation, fixed in accordance with the
procedure referred to in Article 144(2) of this Regulation.’;

3. Annexes I and VI shall be amended as set out in Annex II to

this Regulation.

Article 32

Amendment of Regulation (EC) No 1785/2003

Regulation (EC) No 1785/2003 is amended as follows:

(b) paragraph 2, first subparagraph, shall be replaced by the

following:

1. Article 5 shall be deleted;

‘2. Without prejudice to Article 6(2) of Regulation
the
(EEC) No 2019/93, Member States
shall grant
direct payments referred to in paragraph 1 of
this
fixed in
limit of
Article, within the
accordance with Article 64(2) of this Regulation, under
the conditions established in Title IV, Chapters 3, 6 and
7 to 13, of this Regulation and in Article 6 of Regulation
(EEC) No 2019/93 respectively.’;

ceilings

the

2. Article 11(3) shall be deleted.

Article 33

Entry into force

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

2. the first subparagraph of Article 71(2) shall be replaced by

the following:

‘2. Without prejudice to Article 70(2) of this Regulation,
in the transitional period the Member State concerned shall
effect each of the direct payments referred to in Annex VI

However,
it shall apply for each Member State concerned as
from the date on which the Commission notifies its approval
of the overall programme referred to in Article 24(1), except as
regards Articles 24, 25, 26, 27 and 30, which shall apply from
the date of its entry into force and Article 4(3), which shall
apply from 1 January 2006.

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

Done at Brussels, 30 January 2006.

For the Council
The President

U. PLASSNIK

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ANNEX I

CORRELATION TABLE

Regulation (EC)
No 1452/2001

Regulation (EC)
No 1453/2001

Regulation (EC)
No 1454/2001

Regulation (EC)
No 1785/2003

This Regulation

Article 1

Article 2

Article 1

Article 2

Article 1

Article 2

Article 3(1) to (4)

Article 3(1) to (4)

Article 3(1) to (4)

Article 3(5)

Article 3(5)

Article 3(5)

Third subparagraph
of Article 3(6)

First and second
subparagraphs of
Article 3(6)

First and second
subparagraphs of
Article 3(6)

First and second
subparagraphs of
Article 3(6)

Article 1

Article 2

Article 3

Article 4

Article 5

Article 11(3)

Article 7

Article 8

Article 5

Article 6

Article 8

Article 9

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 5

Article 6

Article 7

Article 9

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Article 19

Article 11

Article 18

Article 14

Article 13

Article 14

Article 15

Article 16

—

—

—

—

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Regulation (EC)
No 1452/2001

Regulation (EC)
No 1453/2001

Regulation (EC)
No 1454/2001

Regulation (EC)
No 1785/2003

This Regulation

Article 17

Article 18

Article 19

Article 20

Article
para-
22,
graphs 1 and 2, first
and second subpara-
graphs of paragraph
3, paragraph 4 and
paragraph 5

Article 24

Article 25

Article 26

Article 27

Article 28

Article 30

Article 31

Article 4

Article 5

Article 7

Article 8

Article 9

Article 10

Article 11

Article 13

Article 14

Article 17

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

Article 21(1) and (2)

Article 33(1) and (2) Article 19(1) and (2)

Article 15(1) and (2)

Article 21(3)

Article 33(3)

Article 33(5)

Article 21(5)

Article 33(6)

Article 19(4)

Article 24

Article 36

Article 22

Article 20

Article 32

Article 15(3)

Article 15(4)

Article 15(5)

Article 16(1)

Article 16(2)

Article 17

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Regulation (EC)
No 1452/2001

Regulation (EC)
No 1453/2001

Regulation (EC)
No 1454/2001

Regulation (EC)
No 1785/2003

This Regulation

Article 8

Article 10

Article 23

Article 10(2)

Article 15(3)

Article 15(4)

Article 7

Article 12

Third subparagraph
of Article 22(3)

Article 25

Article 37

Article 22

Article 23

Article 26

Article 27

Article 34

Article 35

Article 38

Article 39

Article 12

Article 15

Article 16

Article 23

Article 20

Article 21

Article 24

Article 25

Article 29

Article 41

Article 27

Article 18(1)

Article 18(2)

Article 18(3)

Article 19(1) and (2)

Article 19(3)

Article 19(4)

Article 20(1) and (2)

Article 20(3)

Article 21

Article 22

Article 23(1)

Article 23(2), (3)
and (4)

Article 25

Article 26

Article 27

Article 28

Article 29

Article 31

Article 32

Article 33

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Annexes I and VI to Regulation (EC) No 1782/2003 are amended as follows:

ANNEX II

1. Annex I shall be replaced by the following:

‘ANNEX I

List of support schemes fulfilling the criteria set out in Article 1

Sector

Legal base

Notes

Single payment

Title III of this Regulation

Decoupled payment (see Annex VI) (*)

Single area payment

Title IVa, Article 143b of this Regu-
lation

Decoupled payment
payments listed in this Annex

replacing all

the direct

Durum wheat

Protein crop

Rice

Nuts

Title IV, Chapter 1 of this Regulation Area payment (quality premium)

Title IV, Chapter 2 of this Regulation Area payment

Title IV, Chapter 3 of this Regulation Area payment

Title IV, Chapter 4 of this Regulation Area payment

Energy crops

Title IV, Chapter 5 of this Regulation Area payment

Starch potatoes

Title IV, Chapter 6 of this Regulation

Production aid

Milk and milk products

Title IV, Chapter 7 of this Regulation Dairy premium and additional payment

Arable crops in Finland and in
certain regions of Sweden

Title IV, Chapter 8 of this
Regulation (**) (*****)

Special regional aid for arable crops

Seeds

Arable crops

Title IV, Chapter 9 of this
Regulation (**) (*****)

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

Production aid

Area payment,
grass
silage
amounts (**) and durum wheat
and special aid

including set-aside payments,
supplementary
supplement

payments,

Sheepmeat and goatmeat

Title IV, Chapter 11 of this
Regulation (***) (*****)

Ewe and she-goat premium,
premium and certain additional payments

supplementary

Beef and veal

Title IV, Chapter 12 of this
Regulation (*****)

premium (***),
suckler

deseasonalisation
Special
premium,
cow premium (including
when paid for heifers and including the addi-
suckler cow premium when
tional national
part-financed) (***),
premium (***),
extensification payment, additional payments

slaughter

Grain legumes

Title IV, Chapter 13 of this
Regulation (*****)

Area payment

Specific types of farming and
quality production

Article 69 of this
Regulation (****)

Dried fodder

Article 71(2) second subparagraph of
this Regulation (*****)

Small farmers' scheme

Article 2a
Regulation (EC) No 1259/1999

Transitional area aid for farmers receiving less
than EUR 1 250

Olive oil

Silkworms

Title IV, Chapter 10b, of this
Regulation

Article 1
Regulation (EEC) No 845/72

Area payment

Aid to encourage rearing

L 42/18

EN

Official Journal of the European Union

14.2.2006

Sector

Legal base

Notes

Bananas

Dried grapes

Tobacco

Hops

Posei

Article 12
Regulation (EEC) No 404/93

Production aid

Article 7(1)
Regulation (EC) No 2201/96

Area payment

Title IV, Chapter 10c, of this
Regulation

Production aid

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

Area payment

Title III of Council Regulation (EC)
No 247/2006 (******)

Direct payments within the meaning of
Article 2, under measures established in the
programmes

Aegean Islands

Articles 6 (**) (*****), 8, 11 and 12
Regulation (EEC) No 2019/93

Sectors: beef and veal; potatoes; olives; honey

Cotton

(*)

Title IV, Chapter 10a, of this Regu-
lation

Area payment

Starting from 1 January 2005 or later in the case of application of Article 71. For 2004, or later on in the case of application of
Article 71, the direct payments listed in Annex VI are included in Annex I except for dried fodder.
In the case of application of Article 70.
In the case of application of Articles 66, 67, 68 or 68a.
In the case of application of Article 69.
In the case of application of Article 71.

(**)
(***)
(****)
(*****)
(******) OJ L 42, 14.2.2006, p. 1.’

2. Annex VI shall be replaced by the following:

‘ANNEX VI

List of direct payments in relation to the single payment referred to in Article 33

Sector

Legal base

Notes

Arable crops

Articles 2, 4 and 5
Regulation (EC) No 1251/1999

Area payment,
payments,
silage
grass
amounts (*), durum wheat
special aid

including set-aside payments,
supplementary
and

supplement

Potato starch

Grain legumes

Rice

Seeds (*)

Article 8(2)
Regulation (EEC) No 1766/92

Payment for farmers producing potatoes for the
manufacture of potato starch

Article 1
Regulation (EC) No 1577/96

Article 6
Regulation (EC) No 3072/95

Area payment

Area payment

Article 3
Regulation (EEC) No 2358/71

Production aid

Beef and veal

Articles 4, 5, 6, 10, 11, 13 and 14
Regulation (EC) No 1254/1999

heifers

Special premium, deseasonalisation premium,
suckler cow premium (including when paid
for
additional
suckler cow premium when part-
national
financed),
slaughter premium, extensification
payment, additional payments

including

and

the

Milk and milk products

Title IV, Chapter 7 of this Regulation Dairy premium and additional payments (**)

14.2.2006

EN

Official Journal of the European Union

L 42/19

Sector

Legal base

Notes

Sheepmeat and goatmeat

Article 5
Regulation (EC) No 2467/98
Article 1
Regulation (EEC) No 1323/90
Articles 4, 5 and 11(1) and (2), first,
second and fourth indents
Regulation (EC) No 2529/2001

Ewe and she-goat premium,
premium and certain additional payments

supplementary

Aegean Islands (*)

Article 6(2) and (3)
Regulation (EEC) No 2019/93

Sectors: beef and veal

Dried fodder

Article 3
Regulation (EC) No 603/95

Payment
for processed products (as applied
according to Annex VII point D of this Regu-
lation)

Cotton

Olive oil

Tobacco

Hops

Paragraph 3 of Protocol No 4 on
cotton annexed to the Act of
Accession of Greece

Support in the form of payment for unginned
cotton

Article 5 of Regulation
No 136/66/EEC

Production aid

Article 3 of Regulation (EEC)
No 2075/92

Production aid

Article 12 of Regulation (EEC)
No 1696/71

Area payment

Article 2 of Regulation (EC)
No 1098/98

Aid for temporary resting

(*) Except in the case of application of Article 70.
(**) Starting from 2007, except in the case of application of Article 62.’