Commission Regulation (EC) No 1291/2006 of 30 August 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: 2006-08-30
Institutions: European Commission
Subjects: agricultural product, aid system, common agricultural policy, farmers' income, production aid

L 236/20

EN

Official Journal of the European Union

31.8.2006

COMMISSION REGULATION (EC) No 1291/2006

of 30 August 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 145(c) and
(d) thereof,

Whereas:

farmers

compensate
to the
restrictions in accordance with Article 42(8) of Regu-
lation (EC) No 1782/2003.

shall not be

subject

(6)

(7)

(8)

(9)

In order to facilitate the circulation of payment enti-
tlements farmers may give up voluntarily payment enti-
tlements to the national reserve.

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

Due to the fact that the cases addressed by Articles 1(2)
and 1(4) may have occurred as from 1 January of respec-
tively 2005 and 2006, it is appropriate to provide that
these Articles apply retroactively from those dates.

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

Commission Regulation (EC) No 795/2004 (2) introduces
the implementing rules for the single payment scheme as
from 2005.

HAS ADOPTED THIS REGULATION:

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.

Article 1

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

1. Article 3 is amended as follows:

In order to facilitate the transfer of payment entitlements
to farmers the creation of
fractions of entitlements
without land and their transfer should be provided for.

(a) Paragraph 3 is replaced by the following:

In case payment entitlements whose unit value has been
increased by more than 20 % by reference amounts from
the national reserve have not been used in accordance
with the second subparagraph of Article 42(8) of Regu-
lation (EC) No 1782/2003 only the increase of the value
shall revert immediately to the national reserve.

(5)

Entitlements allocated from the national reserve in case
of administrative acts or court’s rulings in order to

(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. 1. Regulation as last amended by Regu-

lation (EC) No 1134/2006 (OJ L 203, 26.7.2006, p. 4).

‘3. Where the size of a parcel which is transferred
with an entitlement in accordance with Article 46(2) of
Regulation (EC) No 1782/2003 amounts to a fraction of
a hectare, the farmer may transfer the part of the enti-
tlement concerned with the land at a value calculated to
the extent of the same fraction. The remaining part of
the entitlement shall remain at the disposal of the farmer
at a value calculated correspondingly.

Without prejudice to Article 46(2) of that Regulation if a
farmer transfers a fraction of an entitlement without land
the value of the two fractions shall be calculated propor-
tionally’;

(b) Paragraph 4 is deleted.

(1)

(2)

(3)

(4)

31.8.2006

EN

Official Journal of the European Union

L 236/21

2. In Article 6(3), the third subparagraph is replaced by the

following:

‘The first subparagraph of Article 42(8) of Regulation (EC)
No 1782/2003 shall apply to payment entitlements whose
unit value has been increased by more than 20 % in
accordance with
this
second
paragraph. The second subparagraph of Article 42(8) of
the
that Regulation shall apply only to the extent of
increased value to payment entitlements whose unit value
has been increased by more than 20 % in accordance with
the second subparagraph of this paragraph.’

subparagraph

the

of

3. In Article 23(a) the following sentence is added:

‘Article 42(8) of that Regulation shall not apply to payment
entitlements allocated under this Article.’

4. In Article 24, the following paragraph is added:

Farmers may give up voluntarily payment entitlements
reserve with the exception of set-aside

‘3.
to the national
payment entitlements.’

5. Article 50 is replaced by the following:

‘Article 50

1. Member States
means, to the Commission each year:

shall

communicate, by electronic

(a) by 15 September of the first year of application of the
single payment scheme at the latest and, in the following
years, by 1 September at the latest, the total number of
applications under the single payment scheme for the
current year,
together with the corresponding total
amount of the payment entitlements which have been
claimed for payments and the total number of accom-
panying eligible hectares;

(b) by 1 September at the latest, definitive data on the total
number of applications under the single payment scheme
accepted for the preceding year and the corresponding
total amount of the payments which have been granted,
after application, as the case may be, of the measures
referred to in Articles 6, 10, 11, 24 and 25 of Regu-
lation (EC) No 1782/2003 as well as the total sum of
the amounts remaining in the national reserve by the
31 December of the preceding year.

regional

In case of

implementation of

2.
the single
payment scheme as provided for in Article 58 of Regulation
(EC) No 1782/2003, Member States shall communicate the
corresponding part of the ceiling established in accordance
with Paragraph 3 of that Article by 15 September of the first
year of implementation.

For the first year of application of
the single payment
scheme, the information referred to in paragraph 1(a) shall
be based on the provisional payment entitlements. The same
information based on the definitive payment entitlements
shall be communicated by 1 March of the following year.

In case of application of measures under Article 69 of
3.
shall
Regulation (EC) No 1782/2003, Member States
communicate the total number of applications
the
current year together with the corresponding total amount
for each of the sectors concerned by the retention under that
Article by 1 September.

for

By 1 September, definitive data on the total number of
applications under Article 69 of that Regulation accepted
for the preceding year and the corresponding total amount
of the payments which have been granted for each of the
sectors concerned by the retention under that Article.’

Article 2

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

It shall apply as of the date of entry into force, except Article
1(2) which shall apply from 1 January 2005 and Article 1(4)
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 August 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission