Commission Regulation (EC) No 2002/2006 of 21 December 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 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers
Date: 2006-12-21
Institutions: European Commission
Subjects: aid system, aid to agriculture, common agricultural policy, farmers' income, land use, set-aside

28.12.2006

EN

Official Journal of the European Union

L 379/47

COMMISSION REGULATION (EC) No 2002/2006

of 21 December 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 establishing
common rules for direct support schemes under the common agricultural policy and establishing
certain support schemes for farmers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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)
thereof,

(6)

(7)

Whereas:

It is therefore appropriate that Member States take the
decision to recognise severe natural disasters seriously
affecting land on holdings in a given region and to
authorise all producers affected to use land declared as
set aside for animal
feed purposes in good time and
to the Commission. Member States should
notify it
notify the Commission of such national decisions and
notably of the adverse climatic conditions that justify
them.

Regulation (EC) No 795/2004 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)

(4)

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

HAS ADOPTED THIS REGULATION:

Article 54(3) of Regulation (EC) No 1782/2003 provides
that farmers shall set aside from production the hectares
eligible for set-aside entitlements and Article 56(1) of
that Regulation stipulates that the use of land declared
as
in general
prohibited.

set aside for agricultural purpose is

Article 32(1) of Regulation (EC) No 795/2004 provides
so remain for a period
that areas
commencing on 15 January at the latest and ending on
31 August at the earliest.

set aside must

in regions affected by natural disasters,

The Commission has frequently provided for derogation
from those rules to respond to the fodder needs of
farmers
in
particular, droughts. The special circumstances of local
natural disaster require an analysis and a decision in
good time. Experience shows that to deal appropriately
and in due time with local situations it would be appro-
priate to give to the Member States the responsibility of
such decisions, provided that exceptional circumstances
justify them.

Article 1

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

In Article 32 the following paragraph is added:

‘5.
In cases as referred to in Article 40(4) (c) of Regulation
(EC) No 1782/2003, Member States may authorise all
producers affected to use land declared as set aside for
animal feed purposes for the year of the single application.
Member States shall take all necessary measures to ensure
that the set-aside area subject to the authorisation is not
that no
lucrative purposes, and in particular
used for
fodder produced on that set-aside land is sold.

Member States shall notify to the Commission their decision
on the authorisation and its justification.’

Article 2

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

lation (EC) No 1405/2006 (OJ L 265, 26.9.2006, p. 1).

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

lation (EC) No 1291/2006 (OJ L 236, 31.8.2006, p. 20).

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

L 379/48

EN

Official Journal of the European Union

28.12.2006

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

Done at Brussels, 21 December 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission