Commission Regulation (EC) No 381/2007 of 4 April 2007 amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system 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 and Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials
Date: 2007-04-04
Institutions: European Commission
Subjects: aid system, aid to agriculture, common agricultural policy, fallow, farmers' income, farming system, land use, production aid

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Official Journal of the European Union

5.4.2007

COMMISSION REGULATION (EC) No 381/2007

of 4 April 2007

amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-
compliance, modulation and the integrated administration and control system 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 and
Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation
(EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that
Regulation and the use of land set aside for the production of raw materials

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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 Articles 52(2) and
145(c), (d) and (j) thereof,

Whereas:

(1)

(2)

The definition of eligible hectare within the framework of
the single payment scheme established in Article 44 of
Regulation (EC) No 1782/2003 was amended by Council
Regulation (EC) No 2012/2006 (2) so that any area under
olive trees is now eligible.

the geographical

this Regulation. Following that amendment,

Article 20 of Regulation (EC) No 1782/2003 as amended
by Regulation (EC) No 2012/2006 makes optional the
use of
information system for olive
cultivation for the Member States not applying the aid
for olive groves provided for in Chapter 10b of Title IV
is
of
appropriate to amend Article 12 of Commission Regu-
lation (EC) No 796/2004 (3), concerning the contents of
the single application as regards olive parcels and Annex
XXIV, points 1 and 3 of Commission Regulation (EC) No
1973/2004 (4), as regards the definition of eligible olive
trees and the calculation of
the number of eligible
hectares for the use of payment entitlements.

it

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

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

(2) OJ L 384, 29.12.2006, p. 8.
(3) OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regu-

lation (EC) No 2025/2006 (OJ L 384, 29.12.2006, p. 81).

(4) OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Regu-

lation (EC) No 270/2007 (OJ L 75, 15.3.2007, p. 8).

Article 33 of Regulation (EC) No 796/2004 lays down
the rules for the application of Regulation (EC) No
1782/2003, concerning the conditions for the verifi-
cation of
in hemp
the tetrahydrocannabinol content
growth. From 2007 onwards, production of hemp for
other uses than fibre will, pursuant
to Chapter 4 of
Title III of Regulation (EC) No 1782/2003, be allowed
as a land use under the single payment scheme. As a
consequence, Article 33 and Annex II of Regulation (EC)
No 796/2004 should be adapted accordingly.

In accordance with Article 33(2) of Regulation (EC) No
796/2004,
the Member States have notified to the
Commission the results of the tests to determine the
tetrahydrocannabinol
levels in the hemp varieties sown
in 2006. Those results should be taken into account
when drawing up the list of varieties of hemp eligible
for direct payments in the coming marketing years and
the
the list of varieties
marketing year 2007/2008. For the verification of the
tetrahydrocannabinol content, some of
those varieties
should be submitted to procedure B provided for in
Annex I to Regulation (EC) No 796/2004.

temporarily authorised for

From 2007 onwards the aid for energy crops provided
for in Chapter 5 of Title IV of Regulation (EC) No
1782/2003 will be applicable in the new Member
States applying the Single Area Payment Scheme. The
rules governing crops group concerning aid for energy
crops should also apply to those new Member States.

Article 6(3) of Regulation (EC) No 796/2004 was
No
repealed
263/2006 (5). Article 136 of Regulation (EC) No
1973/2004 should therefore be adapted accordingly.

Commission

Regulation

(EC)

by

Regulation (EC) No 270/2007 amended the rules for the
potential uses of sugarbeet for the production of the
is appropriate to
energy products. Consequently,
adopt identical conditions for the cultivation of these
plants on land eligible for the benefit of the set aside
rights.

it

(4)

(5)

(6)

(7)

(5) OJ L 46, 16.2.2006, p. 24.

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Official Journal of the European Union

L 95/9

(8)

(9)

Regulation (EC) No 796/2004 and Regulation (EC) No
1973/2004 should therefore be amended accordingly.

The amendments introduced by Council Regulations (EC)
No 953/2006 (1),
(EC) No 2012/2006 and (EC) No
270/2007 are applicable as
from 1 January 2007.
Accordingly,
the corresponding amendments provided
for in this Regulation should apply as from the same
date.

(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

(EC) No 796/2004 shall apply to the single area payment
scheme except for Article 7, Article 8(2)(b) and (c), Article
12(1)(c) and (2), Article 13(2) to (8), Article 14(2) and (3),
Articles 16 and 17, Article 21(3), Article 24(1)(b), (d) and (e),
Article 26(1)(a), (b) and (c) and (2)(b), (c) and (d), Article
27(2)(g),
(i) and (j), Article 28(1)(d), Article 30(3),
Article 31, Articles 34 to 40, Article 49(2), Article 50(2),
(4), (5) and (6), Articles 51 to 64, Article 69 and Article
71(1) thereof.’;

(h),

2.

in Article 143(2), point a) is replaced by the following:

intermediary product

‘(a) any sugarbeet
production of
product or by-product containing sugar
accordance with Regulation (EC) No 318/2006;’

energy-products

is used for
any

the
co-
is used in

and that

Regulation (EC) No 796/2004 is amended as follows:

3. Annex XXIV is amended as follows:

1.

in Article 12(3), the second subparagraph is replaced by the
following:

(a)

in point 1(b) the following subparagraph is added:

‘In the Member States which include the geographical infor-
mation system for olive cultivation in the identification
system for the agricultural parcels referred to in Article 20
of Regulation (EC) No 1782/2003,
the graphic material
supplied to the farmer as regards olive parcels shall include
for each olive parcel the number of eligible olive trees and
their positioning in the parcel as well as the olive area
expressed in olive GIS-ha in accordance with point 3 of
Annex XXIV of Regulation (EC) No 1973/2004.’;

2.

in Articles 33(4) and 33(5), in the first and second subpar-
agraphs, the words ‘grown for fibre’ are deleted;

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

lation.

Article 2

Regulation (EC) No 1973/2004 is amended as follows:

‘However, any planted olive tree is eligible for the calcu-
lation of the number of eligible hectares under Article 44
of Regulation (EC) No 1782/2003 (use of payment enti-
tlements).’;

(b) in point 3, the fourth subparagraph is replaced by the

following:

the geographical

‘The same approach shall be applied by the Member
States which include
information
system for olive cultivation in the identification system
for the agricultural parcels referred to in Article 20 of
Regulation (EC) No 1782/2003 for the calculation of the
number of eligible hectares under Article 44 of Regu-
lation (EC) No 1782/2003 (use of payment enti-
tlements).’

Article 3

1. Article 136 is replaced by the following:

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

‘Article 136

Application of Regulation (EC) No 796/2004

Without prejudice to the third subparagraph of Article
143b(6) of Regulation (EC) No 1782/2003, Regulation

Article 1(1) and (2) and Article 2 shall apply as from 1 January
2007.

(1) OJ L 175, 29.6.2006, p. 1.

Article 1(3) shall apply from the marketing year 2007/2008.

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

Done at Brussels, 4 April 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

‘ANNEX II

VARIETIES OF HEMP ELIGIBLE FOR DIRECT PAYMENTS

(a) Hemp varieties

Beniko

Carmagnola

CS

Delta-Llosa

Delta 405

Dioica 88

Epsilon 68

Fedora 17

Felina 32
Felina 34 — Félina 34
Ferimon — Férimon
Fibranova

Fibrimon 24

Futura 75

Juso 14

Kompolti

Red Petiole

Santhica 23

Santhica 27

Silesia

Uso-31

(b) Hemp varieties authorised in the marketing year 2007/2008

Bialobrzeskie

Chamaeleon (1)

Cannakomp

Denise (2)

Diana (2)

Fasamo

Fibriko TC

Kompolti hibrid TC

Lipko

Tiborszállási (1)

UNIKO-B

Zenit (2)

(1) For the marketing year 2007/2008 procedure B of Annex I shall apply.
(2) Only in Romania, as authorised by Commission Decision 2007/69/EC (OJ L 32, 6.2.2007, p. 167).’