Commission Regulation (EC) No 263/2006 of  15 February 2006  amending Regulations (EC) No 796/2004 and (EC) No 1973/2004 as regards nuts
Date: 2006-02-15
Institutions: European Commission
Subjects: aid per hectare, aid system, nut, terms for aid

L 46/24

EN

Official Journal of the European Union

16.2.2006

COMMISSION REGULATION (EC) No 263/2006

of 15 February 2006

amending Regulations (EC) No 796/2004 and (EC) No 1973/2004 as regards nuts

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), (l)
and (m) thereof,

Whereas:

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),
concerning the conditions for the area payments for
nuts, should also be amended.

(4)

(5)

(6)

To adapt the control system to the standard control rate
applicable to area payment schemes, the terms laid down
in Regulation (EC) No 796/2004 should be amended.

Regulations (EC) No 796/2004 and (EC) No 1973/2004
should therefore be amended accordingly.

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

(1)

(2)

(3)

Regulation (EC) No 1782/2003 introduced support
arrangements for nuts to avoid the potential disap-
pearance of nut production in traditional areas and the
subsequent negative environmental,
social and
economic consequences.

rural,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 796/2004 is hereby amended as follows:

Regulation (EC) No 1782/2003 made the area payment
conditional on minimum tree density and parcel size.

1. Article 6(3) is deleted;

laid

down

Regulation

In order to simplify the management of the area payment
scheme for nuts, while complying with the eligibility
conditions
(EC) No
by
1782/2003 and pursuing the objectives laid down by
that Regulation, the conditions relating to the identifi-
cation of agricultural parcels and the content of aid appli-
cations laid down in Commission Regulation (EC) No
796/2004 of 21 April 2004 laying down detailed rules
for the implementation of cross-compliance, modulation
and the integrated administration and control system
in of Council Regulation (EC) No
provided for
1782/2003 establishing
direct
common rules
support schemes under the common agricultural policy
and establishing certain support schemes for farmers (2),
should be amended. Commission Regulation (EC) No

for

2. Article 13(5) is replaced by the following:

‘5.
In the case of an application for an area payment for
nuts as provided for in Chapter 4 of Title IV of Regulation
(EC) No 1782/2003, the single application shall contain the
number of nut trees by species.’;

3. point (d) of the second subparagraph of Article 26(1)

is

replaced by the following:

‘(d) 5 % of all farmers applying for the aid for nuts provided
for in Chapter 4 of Title IV of Regulation (EC) No
1782/2003.’

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

(EC) No 2183/2005 (OJ

Commission Regulation
30.12.2005, p. 56).

(2) OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regu-

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

lation (EC) No 2184/2005 (OJ L 347, 30.12.2005, p. 61).

lation (EC) No 2184/2005.

16.2.2006

EN

Official Journal of the European Union

L 46/25

Article 2

Article 15 of Regulation (EC) No 1973/2004 shall be replaced
by the following:

‘Article 15

Conditions of payment of Community aid

Only agricultural parcels planted with nut trees and
1.
meeting the conditions provided for in paragraphs 2 and 3
of this Article at the date to be fixed in accordance with
Article 11(2) of Regulation (EC) No 796/2004 shall be
eligible for the area payment provided for in Article 83 of
Regulation (EC) No 1782/2003.

In the case of a parcel planted with different species of nut
trees and when the aid is differentiated by species, eligibility
shall be conditional on compliance for at least one of the
species of nuts with the minimum number of
trees per
hectare laid down in paragraph 3 of this Article.

2.
The minimum size of the parcel eligible for the area
payment provided for in Article 83 of Regulation (EC) No
1782/2003 shall be 0,10 hectare. However, Member States
may fix a higher minimum parcel size on the basis of
objective criteria and taking into account the specific char-
acteristics of the areas concerned.

The number of nut trees per hectare may not be less

3.
than:

(i) 125 for hazelnuts;

(ii) 50 for almonds;

(iii) 50 for walnuts;

(iv) 50 for pistachios;

(v) 30 for locust beans.

However, Member States may fix a higher tree density on the
basis of objective criteria and taking into account the specific
characteristics of the production concerned.

4.
In the cases referred to in the second subparagraph of
paragraph 1, the level of the aid to be granted is the level
eligibility
species
corresponding to the
conditions are met and for which the amount is highest.’

for which the

Article 3

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

It shall apply to aid applications submitted in respect of 2006
and following years.

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

Done at Brussels, 15 February 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission