Commission Regulation (EC) No 373/2007 of 2 April 2007 amending and correcting 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: 2007-04-02
Institutions: European Commission
Subjects: agricultural product, aid per hectare, aid system, common agricultural policy, farmers' income, production aid

3.4.2007

EN

Official Journal of the European Union

L 92/13

COMMISSION REGULATION (EC) No 373/2007

of 2 April 2007

amending and correcting 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
the second
sentence of Article 60(2) and Article 145(c) and (d) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 795/2004 (2) introduces
the implementing rules for the single payment scheme as
from 2005. Experience of the administrative and opera-
tional
level
implementation of that scheme at national
has shown that in certain respects further detailed rules
are needed and in other respects the existing rules need
to be clarified and adapted.

repeated harvests

Sugar cane occupies the land for five years or longer and
yields
so it could be considered
permanent crops. According to Article 44(2) of Regu-
lation (EC) No 1782/2003 areas under permanent
crops are in general not eligible for the activation of
payment entitlements. However, Article 3b(2) of Regu-
lation (EC) No 795/2004 provides for the eligibility of
permanent crops in the framework of the single payment
scheme under the condition that the area is subject to an
application for the aid for energy crops provided for in
Article 88 of Regulation (EC) No 1782/2003.

(3)

Regulation (EC) No 1782/2003 as amended by Council
Regulation (EC) No 319/2006 (3) defines the rules for the
de-coupled support and the integration of the support for
sugar beet, cane and chicory into the single payment

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

lation (EC) No 2013/2006 (JO L 384, 29.12.2006, p. 13).

(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).

(3) OJ L 58, 28.2.2006, p. 32.

scheme. Therefore, areas under these crops should be
the requirement of an application to
eligible without
the energy crops scheme.
It is appropriate to exclude
sugar cane from the permanent crop definition of
Article 2 of Regulation (EC) No 795/2004 by adding it
to the list of crops which are considered as multiannual
crops for the purpose of Title III of Regulation (EC) No
1782/2003.

In accordance with Article 52 of Regulation (EC) No
1782/2003 production of hemp for other uses than
fibre will be allowed as a land use under the single
payment scheme from 1 January 2007 onwards. The
granting of payments should be made subject to the
use of certified seeds of certain varieties. As a conse-
quence, Article 29 of Regulation (EC) No 795/2004
should be adapted accordingly.

An error was made in the wording of Article 30(5) of
Regulation (EC) No 795/2004, which establishes the obli-
gation for Member States to take the measures necessary
to apply Article 29 of Regulation (EC) No 1782/2003 in
the case of producers who, by means of abnormally low
numbers of livestock units (LUs) during part of the year,
artificially create the conditions required to respect the
minimum agricultural activity. This obligation should
apply when the abnormality refers to high numbers of
livestock units
above provision should
therefore be corrected.

(LUs). The

Annex II to Regulation (EC) No 795/2004 has 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. Malta and Slovenia have communicated the
relevant data. It is therefore appropriate to fix also the
number of hectares for those Member States.

Since the integration of the support for sugar beet, cane
and chicory into the single payment scheme is applicable
as from 1 January 2006, it is appropriate to provide that
the amended provision on eligibility of sugar cane areas
to the single payment scheme applies retroactively from
that date.

Since Regulation (EC) No 795/2004 introduces
the
implementing rules for the single payment scheme as
from 1 January 2005 the correction in Article 30(5)
should be applicable as from that date.

(4)

(5)

(6)

(7)

(8)

L 92/14

EN

Official Journal of the European Union

3.4.2007

(9)

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

3. In Article 30, paragraph 5 is replaced by the following:

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

‘5. Member States shall take the measures necessary to
apply Article 29 of Regulation (EC) No 1782/2003 in the
case of producers who, by means of abnormally high
numbers of LUs during part of the year, artificially create
the conditions required to respect the minimum agricultural
activity.’

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

4. Annex II is replaced by the text in the Annex to this Regu-

lation.

1. In the table in Article 2, point (d), the following line is

added:

Article 2

‘1212 99 20

sugar cane’

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

2. In Article 29,
following:

the second sentence is replaced by the

Point 1 of Article 1 shall apply from 1 January 2006.

‘The seed shall be certified in accordance with Council
Directive 2002/57/EC (*) and in particular Article 12 thereof.
___________
(*) OJ L 193, 20.7.2002, p. 74.’

Point 2 of Article 1 shall apply from 1 January 2007.

Point 3 of Article 1 shall apply from 1 January 2005.

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

Done at Brussels, 2 April 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

3.4.2007

EN

Official Journal of the European Union

L 92/15

ANNEX

‘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

MALTA

SLOVENIA

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

3 640

11 437

9 193

8 375

17 448

4 155

4 051

241 000

10

190

8 304’