Council Regulation (EC) No 319/2006 of  20 February 2006  amending 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: 2006-02-20
Institutions: Council of the European Union
Subjects: aid to agriculture, eligibility criteria, farmers' income, production aid, single payment scheme, sugar beet, sugar cane

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 319/2006

of 20 February 2006

amending 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 COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular the third subparagraph of Article 37(2)
thereof,

Having regard to the proposal from the Commission,

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

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

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EC) No 318/2006 of 20 February
2006 on the common organisation of the markets in the
sugar sector (3) provides for an important reform of the
sugar common market organisation. The measures intro-
duced by that Regulation include a significant reduction in
the institutional support price for Community sugar in
steps.

As a consequence of reduced market support in the sugar
sector, income support for farmers should be increased.
The overall level of the payment should develop in parallel
with the gradual reduction of market supports.

The de-coupling of direct producer support and the intro-
duction of the single payment scheme are essential ele-
ments in the process of reforming the common agricultural
policy aimed at moving away from a policy of price and
production support to a policy of farmer income support.
Regulation (EC) No 1782/2003 (4) introduced those ele-
ments for a variety of agricultural products.

In order to meet the objectives underlying the reform of
the common agricultural policy, the support for sugar beet,
cane and chicory used for the production of sugar or inu-
lin syrup should be de-coupled and integrated into the
single payment scheme.

(1) Opinion delivered on 19 January 2006 (not yet published in the

Official Journal).

(2) Opinion delivered on 26 October 2005 (not yet published in the

Official Journal).

(5)

(6)

(7)

(8)

(9)

Consequently, the rules on direct support schemes laid
down in Regulation (EC) No 1782/2003 should be
adapted.

To buffer the effects of the restructuring process in Mem-
ber States which have granted the restructuring aid pro-
vided for in Council Regulation (EC) No 320/2006 of
20 February 2006 establishing a temporary scheme for
the restructuring of the sugar industry in the Commu-
nity (5) for at least 50 % of the quota fixed in Regulation
(EC) No 318/2006, sugar beet and cane producers should
be granted an aid for a maximum of five consecutive
years.

The level of individual income support should be calcu-
lated on the basis of the support the farmer has benefited
from in the context of the common organisation of the
market in the sugar sector for one or more marketing years
to be determined by Member States.

To ensure the proper application of the support scheme
and for reasons of budget control, provision should be
made for keeping the overall income support within the
limit of national envelopes calculated on the basis of a his-
torical reference year and taking into account, during the
four first years, of additional amounts resulting from
derived prices.

Sugar beet and chicory growers in the new Member States
have benefited since accession from price support in the
framework of Regulation (EC) No 1260/2001 of 19 June
2001 on the common organisation of the markets in the
sugar sector (6). Therefore, the sugar payment and the
sugar and chicory components in the single payment
scheme should not be subject to the application of the
schedule of increments provided for in Article 143a of
Regulation (EC) No 1782/2003. For the same reasons,
Member States applying the single area payment scheme
should, moreover, have the possibility to grant the support
resulting from the sugar reform in the form of a separate
direct payment outside that scheme.

(3) See page 1 of this Official Journal.
(4) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 2183/2005 (OJ L 347, 30.12.2005, p. 56).

(5) See page 42 of this Official Journal.
(6) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commis-

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

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(10)

To ensure the proper application of the single payment
scheme in the new Member States, provisions should be
made regarding specific problems arising as a result of the
transition from the single area payment scheme to the
single payment scheme.

(11) Member States that have opted or will opt for applying the
single payment scheme only as from 1 January 2007
should be enabled to grant income support to growers of
sugar beet, cane and chicory used for the production of
sugar and inulin syrup in 2006 in the form of a payment
based on the number of hectares of sugar beet, cane
or chicory delivered. With regard to the calculation of the
sugar beet and chicory component in the single payment
scheme, Member States should have the possibility to
determine the marketing years to be taken into account on
a representative basis.

In order to solve, as the case may be, problems arising
from the change-over from the current regime to the single
payment scheme, it is appropriate to confer the power on
the Commission to adopt the relevant transitional rules by
amending Article 155 of Regulation (EC) No 1782/2003.

2)

the following subparagraph shall be added to Article 37(1):

‘For sugar beet, cane and chicory used for the production of
sugar or inulin syrup the reference amount shall be calculated
and adjusted in accordance with point K of Annex VII.’;

3) Article 40(2) shall be replaced by the following:

‘2.
If the whole reference period was affected by the case
of force majeure or exceptional circumstances, the Member
State shall calculate the reference amount on the basis of the
1997 to 1999 period or,
in case of sugar beet, cane
and chicory on the basis of the closest marketing year prior
to the representative period chosen in accordance with
point K of Annex VII. In this case, paragraph 1 shall apply
mutatis mutandis.’;

4) Article 41 shall be amended as follows:

In order to earmark certain newly introduced payments
to Regulation (EC)
as direct payments, Annex I
No 1782/2003 should be adapted.

(a)

following subparagraph shall be

the
paragraph 1:

added to

(12)

(13)

(14)

In order to take account of the amount of income support
provided for with regard to the sugar payment, the national
ceilings provided for in Annexes II, VIII and VIIIa to Regu-
lation (EC) No 1782/2003 should be adapted.

(15) Difficulties have been identified when implementing the
aid for energy crops. Article 90 of Regulation (EC)
No 1782/2003 should therefore be adapted.

(16)

Regulation (EC) No 1782/2003 should be amended
accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

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

1)

in Article 33(1), point (a) shall be replaced by the following:

‘(a)

they have been granted a payment in the reference
period referred to in Article 38 under at least one of the
support schemes referred to in Annex VI or, in the case
of olive oil, in the marketing years referred to in the sec-
ond subparagraph of Article 37(1), or, in the case of
sugar beet, cane and chicory, if they have benefited from
market support in the representative period referred
to in point K of Annex VII.’;

‘In the case of chicory and taking into account the latest
data made available to it by the Member States until
31 March 2006, the Commission may, in accordance
with the procedure referred to in Article 144(2), reallo-
cate the national amounts set out in point K(2) of
Annex VII and adapt the national ceilings set out in
Annex VIII accordingly without changing the global
amounts or the ceilings respectively.’;

(b)

following paragraph shall be

the
paragraph 1:

inserted after

‘(1a) Where some of the quantities of the quota sugar
or the quota inulin syrup were produced in a Member
State on the basis of sugar beet, cane or chicory grown
in another Member State during any of the marketing
years 2000/2001, 2001/2002, 2002/2003, 2003/2004,
2004/2005 or 2005/2006, the ceilings set out in point K
of Annex VII and the national ceilings set out in
Annexes VIII and VIIIa of the Member States concerned
shall be adapted by transferring the amounts corre-
sponding to the relevant quantities from the national
ceilings of the Member State where the relevant sugar
or inulin syrup was produced to those of the Member
State where the relevant quantities of sugar beet, cane
or chicory were grown.

The Member States concerned shall inform the Commis-
sion by 31 March 2006 of the quantities concerned.

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The transfer shall be decided by the Commission in
accordance with the procedure
referred to in
Article 144(2).’;

9) Article 71d(1) shall be replaced by the following:

5)

in Article 43(2), point (a) shall be replaced by the following:

‘(a)

in case of potato starch, dried fodder, seed, olive groves,
and tobacco aids listed in Annex VII, the number of
hectares whose production has been granted the aid in
the reference period, as calculated in points B, D, F, H, I
of Annex VII and, in case of sugar beet, cane and chicory,
the number of hectares as calculated in accordance with
point 4 of point K of that Annex;’;

6)

the following subparagraph shall be added to Article 63(3):

‘However, with regard to the inclusion of the sugar beet, cane
and chicory payments component in the single payment
scheme, Members States may decide by 30 April 2006, to
apply the derogation provided for in the first subparagraph.’;

7)

the following paragraph shall be added to Article 71a:

‘3.
Any new Member State having applied the single area
payment scheme may provide that, in addition to the eligi-
bility conditions established in Article 44(2), “eligible hect-
are” shall mean any agricultural area of the holding which has
been maintained in good agricultural condition at 30 June
2003, whether in production or not at that date.

Any new Member State having applied the single area pay-
ment scheme may also provide that the minimum size of eli-
gible area per holding for which payment entitlements shall
be established and for which payments shall be granted
shall be the minimum size of eligible area of the holding
fixed in accordance with the second subparagraph of
Article 143b(5).’;

8) Article 71c shall be replaced by the following:

‘Article 71c

Ceiling

The national ceilings of the new Member States shall be
those listed in Annex VIIIa. Except for the dried fodder,
sugar and chicory components thereof, the ceilings shall be
calculated taking account of the schedule of increments pro-
vided for in Article 143a, and therefore do not need to be
reduced.

Article 41(1a) shall apply mutatis mutandis.’;

‘1.
Each new Member State shall proceed to a linear per-
centage reduction of its national ceiling in order to consti-
tute a national reserve. This reduction shall not be greater
than 3 %, without prejudice
application of
Article 71b(3). However, it may exceed 3 % provided that a
greater reduction is necessary for the application of para-
graph 3 of this Article.’;

to the

10) in Article 71d(6) the first subparagraph shall be replaced by

the following:

‘6.
Except in case of transfer by actual or anticipated
inheritance and of application of paragraph 3, and by way of
derogation from Article 46, the entitlements established
using the national reserve shall not be transferred for a period
of five years starting from their allocation.’;

11) the following paragraph shall be added to Article 71d:

New Member States may use the national reserve for
‘7.
the purpose of establishing, according to objective criteria
and in such a way as to ensure equal treatment between
farmers and to avoid market and competition distortions, ref-
erence amounts for farmers in areas subject to restructuring
and/or development programmes relating to one or the other
form of public intervention in order to avoid abandoning of
land and/or in order to compensate specific disadvantages for
farmers in those areas.’;

12) the following subparagraph shall be added to Article 71e(2):

‘However, new Member States having applied the single area
payment scheme may be considered as one single region.’;

13) the following Article shall be added in Chapter VI of Title III:

‘Article 71m

Farmers with no eligible hectares

By way of derogation from Articles 36 and 44(2), a farmer
who was granted payments referred to in Article 47 or who
was acting in a sector referred to in Article 47 and receives
payment entitlements in accordance with Article 71d for
which he does not have eligible hectares within the meaning
of Article 44(2) in the first year of implementation of the
single payment scheme, shall be authorised by the Member
State to derogate from the obligation to provide a number of
eligible hectares equivalent to the number of entitlements on
the condition that he maintains at least 50 % of the agricul-
tural activity exercised before the transition to the single pay-
ment scheme expressed in livestock units (LU).

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In the case of a transfer of payment entitlements, the trans-
feree may benefit from this derogation only if all the payment
entitlements subject to the derogation are transferred.’;

14) the first subparagraph of Article 90 shall be replaced by the

following:

However, where the representative period includes the mar-
keting year 2006/2007, this marketing year shall be replaced
by the marketing year 2005/2006 for farmers affected by a
renunciation of quota in the marketing year 2006/2007 as
provided for in Article 3 of Council Regulation (EC)
No 320/2006 of 20 February 2006 establishing a temporary
scheme for the restructuring of the sugar industry in the
Community (*).

‘The aid shall be granted only in respect of areas whose pro-
duction is covered by a contract between the farmer and the
processing industry or by a contract between the farmer and
the collector, except in case of processing undertaken by the
farmer himself/herself on the holding.’;

15) the following Chapters shall be inserted in Title IV:

‘CHAPTER 10e

SUGAR PAYMENT

Article 110p

Transitional sugar payment

In case of application of Article 71, farmers may qualify
1.
for a transitional sugar payment in respect of the year 2006.
It shall be granted within the limits of the amounts set out in
point K of Annex VII.

2. Without prejudice to Article 71(2), the amount of the
transitional sugar payment per farmer shall be determined by
Member States on the basis of objective and non-
discriminatory criteria such as:

— the quantities of sugar beet, cane or chicory covered by
delivery contracts concluded in accordance with
Article 19 of Regulation (EC) No 1260/2001,

— the quantities of sugar or inulin syrup produced in accor-

dance with Regulation (EC) No 1260/2001,

— the average number of hectares under sugar beet, cane
or chicory used for the production of sugar or inulin
syrup and covered by delivery contracts concluded in
accordance with Article 19 of Regulation (EC)
No 1260/2001

Where the marketing year 2006/2007 is chosen, the refer-
ences to Article 19 of Regulation (EC) No 1260/2001 con-
tained in the first subparagraph shall be replaced by
to Article 6 of Council Regulation (EC)
references
No 318/2006 of 20 February 2006 on the common organi-
sation of the markets in the sugar sector (**).

Articles 143a and 143c shall not apply to the transi-

3.
tional sugar payment.

CHAPTER 10f

COMMUNITY AID FOR SUGAR BEET AND CANE
PRODUCERS

Article 110q

Scope

1.
In Member States which have granted the restructuring
aid provided for in Article 3 of Regulation (EC) No 320/2006
for at least 50 % of the sugar quota fixed in Annex III of
Regulation (EC) No 318/2006, Community aid shall be
granted to sugar beet and cane producers.

2.
The aid shall be granted for a maximum of five con-
secutive years as from the marketing year in which the
threshold of 50 % referred to in paragraph 1 has been reached
but no later than for the marketing year 2013/2014.

Article 110r

Conditions for eligibility

and in respect of a representative period which could be dif-
ferent for each product of one or more of the marketing
years 2004/2005, 2005/2006 and 2006/2007 to be deter-
mined by Member States before 30 April 2006.

The aid shall be granted in respect of the quantity of quota
sugar obtained from sugar beet or cane delivered under con-
tracts concluded in accordance with Article 6 of Regulation
(EC) No 318/2006.

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Article 110s

Amount of the aid

and in respect of a representative period which could be dif-
ferent for each product of one or more of the marketing
years 2004/2005, 2005/2006 and 2006/2007 to be deter-
mined by Member States before 30 April 2006.

The aid shall be expressed per tonne of white sugar of stan-
dard quality. The amount of the aid shall be equal to half of
the amount obtained by dividing the amount of the ceiling
referred to in point 2 of point K of Annex VII for the Mem-
ber State concerned for the corresponding year by the total
of the sugar and inulin syrup quota fixed in Annex III of
Regulation (EC) No 318/2006.

(*) OJ L 58, 28.2.2006, p. 42.
(**) OJ L 58, 28.2.2006, p. 1.’

However, where the representative period includes the mar-
keting year 2006/2007, this marketing year shall be replaced
by the marketing year 2005/2006 for farmers affected by a
renunciation of quota in the marketing year 2006/2007 as
provided for in Article 3 of Regulation (EC) No 320/2006.

16) in Article 143b(3), the last indent shall be replaced by the

following:

Where the marketing year 2006/2007 is chosen, the refer-
ences to Article 19 of Regulation (EC) No 1260/2001 con-
tained in the first subparagraph shall be replaced by
references to Article 6 of Regulation (EC) No 318/2006.

‘— adjusted using the relevant percentage specified in
Article 143a for the gradual introduction of direct pay-
ments, except for the amounts available in accordance
with point 2 of point K of Annex VII or in accordance
with the differential between these amounts and those
actually applied as referred to in Article 143ba(4).’;

17) the following Article shall be inserted after Article 143b:

‘Article 143ba

Separate sugar payment

By way of derogation from Article 143b the new Mem-
1.
ber States applying the single area payment scheme may
decide by 30 April 2006, to grant in respect of the years
2006, 2007 and 2008, a separate sugar payment to farmers
eligible under the single area payment scheme. It shall be
granted on the basis of objective and non-discriminatory cri-
teria such as:

The separate sugar payment shall be granted within the

2.
limits of the ceilings set out in point K of Annex VII.

3.
By way of derogation from paragraph 2, each new
Member State concerned may decide by 31 March 2006 on
the basis of objective criteria to apply for the separate sugar
payment a lower ceiling than that listed in point K of
Annex VII.

4.
The funds made available for granting the separate
sugar payment in accordance with paragraphs 1, 2 and 3
shall not be included in the annual financial envelope referred
to in Article 143b(3). In case of application of paragraph 3
of this Article the differential between the ceiling listed in
point K of Annex VII and that actually applied shall be
included in the annual financial envelope referred to in
Article 143b(3).

— the quantities of sugar beet, cane or chicory covered by
delivery contracts concluded in accordance with
Article 19 of Regulation (EC) No 1260/2001,

Articles 143a and 143c shall not apply to the separate

5.
sugar payment.’;

— the quantities of sugar or inulin syrup produced in accor-

18) the following point shall be inserted in Article 145 after

dance with Regulation (EC) No 1260/2001,

point (d)a):

— the average number of hectares under sugar beet, cane
or chicory used for the production of sugar or inulin
syrup and covered by delivery contracts concluded in
accordance with Article 19 of Regulation (EC)
No 1260/2001

‘(d)-b) detailed rules relating to the inclusion of sugar beet,
cane and chicory support into the single payment
scheme and relating to the payments referred to in
Chapters 10e and 10f.’;

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19) Article 155 shall be replaced by the following:

‘Article 155

Other transitional rules

Further measures required to facilitate the transition from the
arrangements provided for in the Regulations referred to in
Articles 152 and 153 and in Regulation (EC) No 1260/2001
to those established by this Regulation, notably those related
to the application of Articles 4 and 5 and the Annex of Regu-
lation (EC) No 1259/1999 and Article 6 of Regulation (EC)
No 1251/1999 and from the provisions related to the
in Regulation (EEC)
improvement plans provided for
No 1035/72 to those referred to in Articles 83 to 87 of this

Regulation, may be adopted in accordance with the proce-
dure referred to in Article 144(2) of this Regulation. Regula-
tions and Articles referred to in Articles 152 and 153 shall
continue to apply for the purpose of the establishment of the
reference amounts referred to in Annex VII.’;

20) the Annexes shall be amended in accordance with the Annex

to this Regulation.

Article 2

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

It shall apply as from 1 January 2006.

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

Done at Brussels, 20 February 2006.

For the Council
The President
J. PRÖLL

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ANNEX

The Annexes to Regulation (EC) No 1782/2003 are amended as follows:

1)

In Annex I after the line for hops the following lines are inserted:

‘Sugar beet, cane and chicory used for
the production of sugar or inulin
syrup

Title IV, Chapter 10e of this Regula-
tion (*****)

Decoupled Payments

Title IVa, Article 143ba of this Regu-
lation

Sugar beet and cane used for the pro-
duction of sugar

Title IV, Chapter 10f of this Regula-
tion

Production aid’

2) Annex II is replaced by the following:

‘ANNEX II

National ceilings referred to in Article 12(2)

Member State

2005

2006

2007

2008

2009

2010

2011

2012

(EUR million)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

4,7

7,7

40,4

45,4

56,9

51,4

15,3

62,3

0,2

6,8

12,4

10,8

8,0

6,6

17,7

6,4

10,3

54,6

61,1

77,3

68,7

20,5

84,5

0,3

9,5

17,1

14,6

10,9

8,8

23,6

8,0

12,9

68,3

76,4

97,0

85,9

25,6

8,0

12,9

68,3

76,5

97,2

86,0

25,6

8,1

12,9

68,3

76,6

97,3

86,0

25,6

8,1

12,9

68,3

76,6

97,3

86,0

25,6

8,1

12,9

68,3

76,6

97,3

86,0

25,6

8,1

12,9

68,3

76,6

97,3

86,0

25,6

106,4

106,8

106,9

106,9

106,9

106,9

0,4

12,0

21,3

18,2

13,7

11,0

29,5

0,4

12,0

21,4

18,2

13,8

11,0

29,5

0,4

12,0

21,4

18,2

13,8

11,0

29,5

0,4

12,0

21,4

18,2

13,8

11,0

29,5

0,4

12,0

21,4

18,2

13,8

11,0

29,5

0,4

12,0

21,4

18,2

13,8

11,0

29,5’

3)

the following row is added to Annex VI:

‘Sugar beet, cane and chicory used for
the production of sugar or inulin
syrup

Regulation (EC) No 1260/2001

Market support to sugar beet or cane
growers and producers of chicory used
for the production of sugar or inulin
syrup’

4)

the following point is added to Annex VII:

‘K. Sugar beet, cane and chicory

1. Member States shall determine the amount to be included in the reference amount of each farmer on the basis of

objective and non-discriminatory criteria such as:

— the quantities of sugar beet, cane or chicory covered by delivery contracts concluded in accordance with

Article 19 of Regulation (EC) No 1260/2001

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— the quantities of sugar or inulin syrup produced in accordance with Regulation (EC) No 1260/2001

— the average number of hectares under sugar beet, cane or chicory used for the production of sugar or inulin
syrup and covered by delivery contracts concluded in accordance with Article 19 of Regulation (EC)
No 1260/2001

in respect of a representative period which could be different for each product of one or more marketing years
from the marketing year 2000/2001 and, in case of the new Member States from the marketing year 2004/2005,
up to the marketing year 2006/2007, and to be determined by Member States before 30 April 2006.

However, where the representative period includes the marketing year 2006/2007, this marketing year shall be
replaced by the marketing year 2005/2006 for farmers affected by a renunciation of quota in the marketing year
2006/2007 as provided for in Article 3 of Regulation (EC) No 320/2006.

As regards the marketing years 2000/2001 and 2006/2007 the references to Article 19 of Regulation (EC)
No 1260/2001 shall be replaced by references to Article 37 of Regulation (EC) No 2038/1999 (*) and Article 6 of
Regulation (EC) No 318/2006.

2. Where the sum of the amounts determined in accordance with point 1 in a Member State exceeds the ceiling
expressed in thousands of euros as set out in Table 1 hereafter, the amount per farmer shall be reduced
proportionally.

Ceilings for the amounts to be included into the reference amount of the farmers

Table 1

Member State

2006

2007

2008

Belgium

Czech Republic

Denmark

Germany

Greece

Spain

France

Hungary

Ireland

Italy

Latvia

Lithuania

Netherlands

Austria

Poland

Portugal

Slovakia

Slovenia

Finland

Sweden

United Kingdom

(EUR 1 000)

2009 and
subsequent

83 729

44 245

34 478

48 594

27 851

19 314

62 454

34 319

25 296

76 315

40 786

31 278

154 799

203 380

251 960

277 946

17 941

60 272

22 455

74 447

26 969

88 621

29 384

96 203

151 163

198 075

244 987

270 081

25 435

11 259

79 862

4 219

6 547

42 032

18 931

99 135

3 940

11 813

2 993

8 255

20 809

64 340

31 146

14 092

36 857

16 925

39 912

18 441

102 006

124 149

135 994

5 164

8 012

54 648

24 438

6 110

9 476

67 265

29 945

6 616

10 260

74 013

32 891

122 906

146 677

159 392

4 931

14 762

3 746

10 332

26 045

80 528

5 922

17 712

4 500

12 409

31 281

96 717

6 452

19 289

4 902

13 520

34 082

105 376

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3.

By way of derogation from point 2, where in the cases of Finland, Ireland, Portugal, Spain and the United King-
dom, the sum of the amounts determined in accordance with point 1 exceeds the sum of the ceilings set out for
the Member State concerned in Table 1, and Table 2 hereafter, the amount per farmer shall be reduced
proportionally.

Additional annual amounts to be included in the sum of the reference amounts of the farmers during

the fours years of the period 2006 to 2009

Table 2

Member State

Additional annual amounts

(EUR 1 000)

Spain

Ireland

Portugal

Finland

United Kingdom

10 123

1 747

611

1 281

9 985

However, the Member States referred to in the first subparagraph may retain up to 90 % of the amount set out in
Table 2 of the first subparagraph and use the amounts resulting therefrom in accordance with Article 69. In that
case, the derogation referred to in the first subparagraph shall not apply.

4.

Each Member State shall calculate the number of hectares referred to in Article 43(2)(a) proportionately to the
amount determined in accordance with point 1 and according to objective and non-discriminatory criteria cho-
sen to that end or on the basis of the number of hectares of sugar beet, cane and chicory declared by the farmers
during the representative period fixed in accordance with point 1.

(*) OJ L 252, 25.9.1999, p. 1. Regulation as repealed by Regulation (EC) No 1260/2001.’

5) Annex VIII is replaced by the following:

‘ANNEX VIII

National ceilings referred to in Article 41

Member State

2005

2006

2007

2008

2009

(EUR 1 000)

2010 and
subsequent

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

411 053

579 167

592 507

606 368

613 782

613 782

943 369

1 015 479

1 021 296

1 027 278

1 030 478

1 030 478

5 148 003

5 647 000

5 695 380

5 743 960

5 769 946

5 773 946

838 289

1 719 230

1 745 744

1 750 258

1 752 673

1 790 673

3 266 092

4 135 458

4 347 633

4 361 807

4 369 389

4 371 266

7 199 000

7 382 163

8 289 075

8 335 987

8 361 081

8 369 081

1 260 142

1 335 311

1 337 919

1 340 752

1 342 268

1 340 521

2 539 000

3 544 379

3 566 006

3 588 149

3 599 994

3 632 994

33 414

36 602

37 051

37 051

37 051

37 051

386 586

428 618

834 234

846 851

853 599

853 599

613 000

632 931

736 438

741 945

744 891

744 891

452 000

497 551

564 542

565 533

566 063

567 452

467 000

476 536

563 613

565 690

566 801

565 520

637 388

670 917

755 045

760 281

763 082

763 082

United Kingdom

3 697 528

3 944 745

3 960 986

3 977 175

3 985 834

3 975 849’

28.2.2006

EN

Official Journal of the European Union

L 58/41

6) Annex VIIIa is replaced by the following:

‘ANNEX VIIIa

National ceilings referred to in Article 71c

(EUR 1 000)

Calendar
year

Czech
Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Slovenia

Slovakia

2005

2006

2007

2008

2009

2010

2011

2012

subsequent
years

228 800

23 400

8 900

33 900

92 000

350 800

294 551

27 300

12 500

43 819

113 847

445 635

670

830

724 600

35 800

97 700

980 835

44 893

127 213

377 919

40 400

16 300

60 764

154 912

539 446

1 640

1 263 706

59 846

161 362

469 986

50 500

20 400

75 610

193 076

671 757

2 050

1 572 577

74 600

200 912

559 145

60 500

24 500

90 016

230 560

801 512

2 460

1 870 392

89 002

238 989

644 745

70 600

28 600

103 916

267 260

928 112

2 870

2 155 492

103 002

275 489

730 445

80 700

32 700

117 816

303 960 1 054 812

3 280

2 440 492

117 002

312 089

816 045

90 800

36 800

131 716

340 660 1 181 412

3 690

2 725 592

131 002

348 589

901 745

100 900

40 900

145 616

377 360 1 308 112

4 100

3 010 692

145 102

385 189’