Commission Regulation (EC) No 1187/2006 of  3 August 2006  derogating from Regulation (EC) No 796/2004 as regards the application of Article 21 thereof in certain Member States
Date: 2006-08-03
Institutions: European Commission
Subjects: France, Hungary, Italy, Netherlands, Poland, Portugal, Spain, United Kingdom, aid system, aid to agriculture, common agricultural policy, derogation from EU law, farmers' income

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Official Journal of the European Union

4.8.2006

COMMISSION REGULATION (EC) No 1187/2006

of 3 August 2006

derogating from Regulation (EC) No 796/2004 as regards the application of Article 21 thereof in
certain Member States

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(n)
thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 796/2004 of 21 April
2004 laying down detailed rules for the implementation
of cross-compliance, modulation and the integrated
in
administration and control
Council Regulation (EC) No 1782/2003 establishing
common rules for direct support schemes under the
common agricultural policy and establishing certain
support schemes for farmers (2) provides,
in its Article
21,
late
submission of an aid application.

for reductions to be applied in the case of

system provided for

concerned to lodge

Several Member States have experienced exceptional
circumstances in their administration of the single appli-
cation for 2006. This situation has in turn affected in
varying degrees the ability of farmers in the Member
application
States
within the deadline provided for in Article 11(2) of Regu-
lation (EC) No 796/2004. Accordingly, the situation is
likely to unduly jeopardise the right of certain farmers to
receive in full the aid to which they would normally be
entitled.

single

their

France,
Italy, the Netherlands, Portugal, Spain and the
United Kingdom have experienced unexpected problems
the new Single
in their practical
implementation of
Payment Scheme due in particular
to unforeseeable
technical or administrative difficulties. Furthermore, the
inclusion of the olive oil sector in the scheme has signi-
ficantly increased the complexity of the system. The high

(4)

(5)

numbers of
farmers lodging an application and the
complex calculations of the olive areas to be declared
have further complicated the handling of the applications
for 2006 in France, Italy, Portugal and Spain.

Due to the severe situation created by floods in Hungary
and unexpected technical difficulties in printing for the
first time the relevant graphical
information in Poland,
the distribution by the competent authorities of complete
application forms to the farmers was significantly delayed
and affected the farmers’ ability to present their appli-
cation within the deadline.

In view of this situation it is appropriate not to apply for
2006 the reduction of 1 % per working day and the
exclusion provided for in Article 21(1) of Regulation
(EC) No 796/2004 should not apply as regards the appli-
cations lodged until dates to be fixed in accordance with
the specific circumstances in each of the Member States
concerned.

(6)

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

By way of derogation from Article 21(1) of Regulation (EC) No
796/2004,
the reduction of 1 % per working day and the
exclusion provided for therein shall not apply to single appli-
cations submitted for 2006 to the competent authorities:

(a) until 31 May 2006, in respect of:

(i)

France:

— by the farmers in the French Departments listed in

Annex I to this Regulation,

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

lation (EC) No 953/2006 (OJ L 175, 29.6.2006, p. 1).

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

lation (EC) No 659/2006 (OJ L 116, 29.4.2006, p. 20).

— by the farmers who started to electronically lodge
an application before 15 May 2006 but who were
not able to complete the electronically lodged appli-
cation by that date;

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Official Journal of the European Union

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(ii) Hungary, as regards the areas listed in Annex II to this

(iii) Italy;

Regulation;

(iii) Netherlands;

(iv) Poland;

(v) United Kingdom, as regards England;

(b) until 15 June 2006, in respect of:

(i)

France, by farmers growing olive trees eligible to the
Single Payment Scheme;

(vi) Portugal, by farmers growing olive trees eligible to the

Single Payment Scheme.

Article 2

(ii) Spain, as regards the Autonomous Communities listed

in Annex III to this Regulation;

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

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

Done at Brussels, 3 August 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

4.8.2006

ANNEX I

French Departments referred to in the first indent of Article 1(a)(i)

Alpes-de-Haute-Provence

Alpes-Maritimes

Bouches-du-Rhône

Haute-Corse

Corse-du-Sud

Var

Vaucluse

Guadeloupe

Martinique

Guyane

Réunion

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ANNEX II

Areas of Hungary referred to in Article 1(a)(ii)

Szeged

Kiszombor

Csongrád

Domaszék

Ópusztaszer

Dóc

Bordány

Békésszentandrás
Gyomaendrőd
Hunya

Szeghalom

Szarvas

Ágasegyháza

Akasztó

Bácsalmás

Bácsbokod

Bácsborsód

Bácsszentgyörgy
Bácsszőlős
Balotaszálás

Bátya

Borota

Bugac
Csengőd
Csólyospálya

Dusnok

Érsekcsanád

Fajsz

Fülöpháza

Harkakötöny

Harta

Hercegszántó

Izsák

Kalocsa

Kaskantyú

Katymár

Kecel

Kecskemét

Kecskemét-Szarkás
Kiskőrös

Kiskunfélegyháza

Kiskunhalas

Kisszálás

Kömpöc

Kunfehértó

Kunszállás

Lakitelek

Madaras

Mátételke

Orgovány

Páhi

Soltszentimre

Soltvadkert

Szentkirály

Tabdi

Tiszaalpár

Tiszakécske

Uszód

Városföld

Zsana

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Official Journal of the European Union

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ANNEX III

Spanish Autonomous Communities referred to in Article 1(b)(ii)

Andalucía

Aragón

Extremadura

Islas Baleares

Comunidad Autónoma del País Vasco

Castilla-La Mancha

Castilla y León

Cataluña

La Rioja

Madrid

Región de Murcia

Comunidad Foral de Navarra

Comunidad Valenciana