Commission Regulation (EC) No 658/2006 of  27 April 2006  amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003
Date: 2006-04-27
Institutions: European Commission
Subjects: Finland, Greece, aid system, aid to agriculture, common agricultural policy, farmers' income, sugar

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COMMISSION REGULATION (EC) No 658/2006

of 27 April 2006

amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the
single payment scheme provided for in Council Regulation (EC) No 1782/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 60(2),
Article 145(c), (d) and (d)(b) and Article 155 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 795/2004 of 21 April
2004 laying down detailed rules for the implementation
of the single payment scheme provided for in Council
Regulation (EC) No 1782/2003 establishing common
rules for direct support schemes under the common
agricultural policy and establishing certain support
schemes
the implementing
rules for the single payment scheme as from 2005.

farmers (2)

introduces

for

Experience of the administrative and operational imple-
mentation of that scheme at national
level has shown
that in certain respects further detailed rules are needed
and in other respects the existing rules need to be
clarified and adapted.

Regulation (EC) No 1782/2003 as amended by Regu-
lation (EC) No 319/2006 defines the rules for the de-
coupled support and the integration of the support for
sugar beet, cane and chicory into the single payment
scheme. The related detailed rules should therefore be
adopted. Those detailed rules should follow the same
lines as those already laid down in Regulation (EC) No
795/2004 with regard to olive oil, tobacco, cotton and
hops.

sectors

included in the

The application of Article 42 of Regulation (EC) No
single
1782/2003 to all
payment scheme after the first year of application may
lead to the situation that the amounts that remain in the
national reserve after allocation of reference amounts
from that national reserve in the cases provided for in
that Article are not needed anymore to cover any further

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

lation (EC) No 319/2006 (OJ L 58, 28.2.2006, p. 32).

(2) OJ L 141, 30.4.2004, p. 1. Regulation as last amended by Regu-

lation (EC) No 2183/2005 (OJ L 347, 30.12.2005, p. 56).

(5)

(6)

(7)

(8)

(9)

In that

cases.
should be
authorised to increase proportionally the unit value of
all payment entitlements.

case the Member States

to take into account

Article 21 of Regulation (EC) No 795/2004 provides for
the detailed rules for farmers who made investments in
production capacity or who leased parcels on a long-
term basis. Those provisions need to be adapted in
order
situation of
farmers in the sugar sector who made such investments
or entered into such long-term lease-contracts before the
entry into force of Council Regulation (EC) No 318/2006
of 20 February 2006 on the common organisation of the
markets in the sugar sector (3).

the special

Experience shows that there is a need for clarification of
the dates at which a farmer applying for aid under the
single payment scheme has to hold the payment enti-
tlements.

The rules in case of transfers of payment entitlements
should be clarified in order to enable a transfer to take
place on the date foreseen in the communication of the
transfer to the competent authority, unless the competent
authority objects
the
transferor thereof within the time period established by
the Member State.

and notifies

transfer

to the

Article 48c of Regulation (EC) No 795/2004 needs to be
adapted in respect of Member States which already
started to apply the single payment scheme in 2005.

The integration of the sugar reference amounts into the
single payment scheme was decided by Council Regu-
lation (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. Member States therefore
only have very short time-limits to take the necessary
steps to comply with that integration. Measures should
be taken to ensure a smooth transition from the old
sugar-related schemes to the integration into the single
payment scheme. In particular, it should be ensured that
farmers may make use of their rights within reasonable
time-limits. Where that possibility is at jeopardy, Member
States should have to provide for a prolongation of the
application
(EC)
fixed
No 1782/2003.

in Regulation

time-limits

(3) OJ L 58, 28.2.2006, p. 1.

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(10)

(11)

In order to avoid that the sugar sector is submitted to a
second linear percentage reduction of
the reference
amounts in case of overshoot of the national ceilings
referred to in Annex VIII
to Regulation (EC) No
it is appropriate to clarify the application
1782/2003,
of Article 41(2) of that Regulation.

In accordance with Article 42(1) of Regulation (EC) No
1782/2003, the national reserve has to be replenished by
a linear reduction of all the reference amounts. Rules
need to be established to clarify how Member States
who already applied the single payment scheme in
2005 have to proceed with regard to the integration of
the reference amount for sugar beet, cane and chicory
into the replenishment of the national reserve.

(12)

The specific rules provided for in Article 48d of Regu-
lation (EC) No 795/2004 need to be extended to include
sugar beet, cane and chicory support.

(13) A further time-limit concerning the dates provided for in
Article 49a of Regulation (EC) No 795/2004, by which
Member States have to communicate certain information
to the Commission, needs to be granted with regard to
the integration of sugar beet, cane and chicory support.

(14) Annex I to Regulation (EC) No 795/2004 fixes the date
from which the growing of secondary crops may be
temporarily allowed in regions where cereals are usually
harvested sooner for climatic reasons as referred to in
Article 51(b) of Regulation (EC) No 1782/2003. At the
request of Greece, that date should be fixed for that
Member State.

(15) Annex II

to Regulation (EC) No 795/2004 fixed the
average number of hectares referred to in Article 60(2)
of Regulation (EC) No 1782/2003 on the basis of the
data communicated to the Commission by the Member
States concerned. Finland has communicated the relevant
data. It is therefore appropriate to fix also the number of
hectares for that Member State.

(16)

Regulation (EC) No 795/2004 should therefore be
amended accordingly.

(17) Due to the fact that the transfer of entitlements may start
as from 1 January 2006, it is appropriate to provide that
this Regulation applies retroactively from that date.

(18)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1.

in Article 4, the following paragraph is added:

‘3.
In the case where the amounts contained in the
national reserve show to be higher than what is needed
to cover the cases referred to in Article 42 of Regulation
the Member States may increase
(EC) No 1782/2003,
proportionally the unit value of all payment entitlements.
The total amount used for this increase shall not be higher
than the total amount resulting from the linear reduction
applied in accordance with Article 42(1) and (7) of that
Regulation.’;

2. Article 21 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

the investments

‘For
the date
referred to in the first subparagraph shall be 3 March
2006.’;

in the sugar sector

(b) in paragraph 2, the following subparagraph is added:

the investments

‘For
the date
referred to in the first subparagraph shall be 3 March
2006’;

in the sugar sector

(c)

in paragraph 4, the following subparagraph is added:

the investments

‘For
the date
referred to in the first subparagraph shall be 3 March
2006.’;

in the sugar sector

3.

in Article 24, paragraph 1 is replaced by the following:

‘1.
Payment entitlements may only be declared for
payment once per year by the farmer who holds them at
the latest date for
lodging the single application in
accordance with Article 11 of Regulation (EC) No
796/2004.

However, where a farmer makes use of the possibility to
amend the single application in accordance with Article 15
of
that Regulation, he may also declare payment enti-
tlements which he holds at the date of his notification of
the amendments to the competent authority provided that
the payment entitlements concerned are not declared by
another farmer in respect of the same year.

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the payment entitlements
Where the farmer acquires
concerned by way of a transfer from another farmer and
where that other
farmer had already declared those
payment entitlements, the additional declaration of those
the
payment entitlements
transferor has already informed the competent authority
of the transfer in accordance with Article 25(2) of this
Regulation and withdraws
those payment entitlements
from his own single application, within the time-limits
set out in Article 15 of Regulation (EC) No 796/2004.’;

shall only be admissible if

4.

in Article 25, paragraph 3 is replaced by the following:

‘3.
A Member State may require that the transferor shall
communicate the transfer to the competent authority of the
Member State where the transfer will operate, within a time
period to be established by that Member State but not
earlier than six weeks before the transfer takes place and
taking into account the last date for lodging an application
under the single payment scheme. The transfer shall take
place
the
competent authority objects to the transfer and notifies
the
time period. The
competent authority may only object to a transfer where
the latter is not in accordance with provisions of Regu-
lation (EC) No 1782/2003 and of this Regulation.’;

communication unless

thereof within that

foreseen in the

transferor

as

Member State has made use of the option provided
for in Article 59 of Regulation (EC) No 1782/2003,
in Article 48e of this Regulation.’;

(c) paragraph 4 is replaced by the following:

‘4.
As the case may be, Article 41(2) of Regulation
(EC) No 1782/2003 shall apply to the value of all the
payment entitlements existing before the integration of
tobacco, olive oil, cotton and/or dairy payments as well
as sugar beet, cane and chicory support, and to the
reference amounts calculated for tobacco, olive oil,
cotton and/or dairy payments.’;

(d) paragraph 5 is replaced by the following:

‘5. Where a Member State has applied the single
payment scheme in 2005, the percentage of reduction
fixed by the Member State in accordance with Article
42(1) of Regulation (EC) No 1782/2003 shall apply in
2006 to the tobacco, olive oil, cotton, sugar beet, cane
and chicory reference amounts to be integrated in the
single payment scheme.’;

5. the title of Chapter 6b is replaced by the following:

(e) paragraph 7 is replaced by the following:

‘CHAPTER 6b

INTEGRATION OF TOBACCO, OLIVE OIL, COTTON, HOPS
PAYMENTS AND SUGAR BEET, CANE AND CHICORY
SUPPORT IN THE SINGLE PAYMENT SCHEME’;

6. Article 48c is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

‘However, the reduction referred to in Article 41(2) of
Regulation (EC) No 1782/2003 shall not apply to the
reference amount calculated for sugar beet, cane and
chicory support in accordance with point K of Annex
VII to Regulation (EC) No 1782/2003.’;

‘7. Where a Member State has applied the single
payment scheme in 2005, for the purpose of the estab-
lishment of the payment entitlements in relation to
cotton, tobacco, olive oil, hops, sugar beet, cane and
chicory,
the single
payment scheme referred to in Articles 7(1), 12 to
17 and 20 shall be 2006.

the first year of application of

the

the

sugar

inclusion of

8. Where
reference
amounts calculated in accordance with point K of
Annex VII to Regulation (EC) No 1782/2003 into the
single payment scheme risks to make it impossible to
respect the time-limits set out in Article 34 of Regu-
lation (EC) No 1782/2003 and Article 12 of this Regu-
lation, the Member States shall extend those time-limits
by one month.’;

(b) paragraph 2 is replaced by the following:

7. Article 48d is amended as follows:

‘2. Where a Member State has applied the single
payment scheme in 2005 and without prejudice to
the third subparagraph of Article 71(1) of Regulation
(EC) No 1782/2003, for the purposes of the estab-
lishment of
the amount and the determination of
payment entitlements in the framework of the inte-
gration of tobacco, olive oil and cotton payments as
well as sugar beet, cane and chicory support in the
single payment scheme, Articles 37 and 43 of that
Regulation shall apply subject to the rules established
in case the
in Article 48d of

this Regulation and,

(a)

in paragraph 1, the first subparagraph is replaced by
the following:

‘If the farmer has not been allocated or has not bought
payment entitlements by the last date for applying for
the establishment of payment entitlements for 2006, he
shall
in
accordance with Articles 37 and 43 of Regulation
(EC) No 1782/2003 for tobacco, olive oil and cotton
payments as well as sugar beet, cane and chicory
support.’;

receive payment

entitlements

calculated

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(b) in paragraph 2, points (a) and (b) are replaced by the

(b)

following:

‘(a)

(b)

the number of payment entitlements shall be equal
to the number of payment entitlements he owns,
increased by the number of hectares established in
accordance with Article 43 of Regulation (EC) No
1782/2003 for tobacco, olive oil and cotton as
well as for sugar beet, cane and chicory;

the value shall be obtained by dividing the sum of
the value of the payment entitlements he owns and
the reference amount calculated in accordance with
Article 37 of Regulation (EC) No 1782/2003 for
sugar beet,
the
production of sugar or
inuline syrup and for
tobacco, olive oil and cotton by the number estab-
lished in accordance with point
this
paragraph.’;

and chicory used for

(a) of

cane

8. Article 48e is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1. Where a Member State has made use of
the
option provided for in Article 59(1) of Regulation
(EC) No 1782/2003, all payment entitlements shall be
increased by a supplementary amount corresponding to
the increase of the regional ceiling in the corresponding
year, divided by the total number of payment enti-
tlements established in the region at
the date for
lodging an application for the single payment scheme
at the latest.’;

reference amount

corresponding for

each
the
farmer to the remaining part of the increase of
the regional ceiling divided by the number of
payment entitlements that
the farmer owns by
the date for lodging an application for the single
payment scheme in 2006 at the latest.’;

9. Article 49a is amended as follows:

(a) The title is replaced by the following:

‘Article 49a

Integration of tobacco, cotton, olive oil, hops, sugar
beet, cane and chicory’;

(b) the following subparagraph is added to paragraph 1:

‘With regard to the integration of sugar beet, cane and
chicory support, the communication provided for in
the first subparagraph shall be sent to the Commission
by 15 May 2006 at the latest.’;

(c)

in paragraph 2, the following subparagraph is added:

‘By way of derogation from Article 48(6), with regard
to the integration of sugar beet, cane and chicory
support, the communication concerning the decision
as regards the option provided for in Article 69 of
Regulation (EC) No 1782/2003 shall be sent to the
Commission by 30 April 2006 at the latest.’;

10. Annexes I and II are replaced by the text in the Annex to

(b) in paragraph 2, points (a) and (b) are replaced by the

this Regulation.

following:

Article 2

‘(a)

the increase of

the corresponding part of
the
regional ceiling divided by the total number of
payment entitlements established in the region at
the date for lodging an application for the single
payment scheme at the latest;

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 January 2006.

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

Done at Brussels, 27 April 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

‘ANNEX I

Member State

Belgium

Denmark

Germany

South Greece (Peloponese, Ionian Islands, western Greece,
Attica, south Aegean and Crete)

Central and north Greece (Eastern Macedonia and Thrace,
Central Macedonia, Western Macedonia, Epirus, Thessaly,
Mainland (Sterea) Greece and North Aegean)

Italy

Austria

Portugal

Date

15 July

15 July

15 July

20 June

10 July

11 June

30 June

1 March

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ANNEX II

Number of hectares referred to in Article 60(2) of Regulation (EC) No 1782/2003

Member State and regions

Number of hectares

DENMARK

GERMANY

Baden-Württemberg

Bavaria

Brandenburg and Berlin

Hessen

Lower Saxony and Bremen

Mecklenburg-Western Pomerania

North Rhine-Westphalia

Rhineland-Palatinate

Saarland

Saxony

Saxony-Anhalt

Schleswig-Holstein and Hamburg

Thuringia

LUXEMBOURG

FINLAND

Region A

Region B-C1

Region C2-C4

SWEDEN

Region 1

Region 2

Region 3

Region 4

Region 5

UNITED KINGDOM

England (other)

England (moorland SDA)

England (upland SDA)

Northern Ireland

33 740

301 849

18 322

50 451

12 910

12 200

76 347

13 895

50 767

19 733

369

12 590

14 893

14 453

4 919

705

38 006

3 425

23 152

11 429

9 193

8 375

17 448

4 155

4 051

241 000

10

190

8 304’