Commission Regulation (EC) No 411/2007 of 17 April 2007 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: 2007-04-17
Institutions: European Commission
Subjects: agricultural product, aid per hectare, aid system, common agricultural policy, farmers' income, production aid

18.4.2007

EN

Official Journal of the European Union

L 101/3

COMMISSION REGULATION (EC) No 411/2007

of 17 April 2007

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,

(4)

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), (d)
and (d)c) thereof,

Whereas:

(1)

(2)

(3)

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

Regulation (EC) No 1782/2003 as amended by Regu-
lation (EC) No 2013/2006 defines the rules for the de-
coupled support and the integration of the support for
bananas into the single payment scheme. The related
adopted. Those
should therefore be
detailed rules
detailed rules should follow the same lines as those
already laid down in Regulation (EC) No 795/2004
with regard to olive oil, tobacco, cotton, hops, sugar
beet, cane and chicory.

In accordance with Article 70(1)(b) of Regulation (EC) No
1782/2003, Spain, France and Portugal decided to
exclude direct payments granted to farmers
in the
outermost
regions from the single payment scheme.
Consequently the rules for the integration of banana
support into the single payment scheme do not apply
to such regions.

Article 21 of Regulation (EC) No 795/2004 provides for
the detailed rules for farmers who made investments in
production capacity or who leased parcels on a long-
term basis. Those provisions need to be adapted in
order
situation of
farmers in the banana sector who made such investments
or entered into such long-term lease-contracts before the
entry into force of Regulation (EC) No 2013/2006.

to take into account

the special

The integration of the banana reference amounts into the
single payment scheme was decided by Regulation (EC)
No 2013/2006. Member States therefore only have very
short time-limits to take the necessary steps to comply
with that integration. Measures should be taken to ensure
a smooth transition from the previous banana compen-
satory aid scheme to the integration into the single
it should be ensured
payment scheme.
rights within
that
reasonable
that possibility is at
jeopardy, Member States should have to provide for a
prolongation of the application time-limits fixed in Regu-
lation (EC) No 1782/2003.

farmers may make use of

time-limits. Where

In particular,

their

In accordance with Article 42(1) of Regulation (EC) No
1782/2003, the national reserve has to be replenished by
a linear reduction of all the reference amounts. Rules
need to be established to clarify how Member States
scheme in
who already applied the single payment
2005 and 2006 have to proceed with regard to the
integration of the reference amount
for bananas into
the replenishment of the national reserve.

(5)

(6)

(7)

The specific rules provided for in Articles 48c and 48d of
Regulation (EC) No 795/2004 need to be adapted to
include the banana sector in the single payment scheme.

(8)

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

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Regulation (EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).
last amended by

(2) OJ L 141, 30.4.2004, p. 1. Regulation as

Regulation (EC) No 373/2007 (OJ L 92, 3.4.2007, p. 13).

(9)

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

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Official Journal of the European Union

18.4.2007

HAS ADOPTED THIS REGULATION:

Article 1

banana support and/or dairy payments, and to the
reference
support
and/or dairy payments.’

for banana

calculated

amounts

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

(c)

In paragraph 5, the following subparagraph is added:

1. Article 21 is amended as follows:

(a)

In paragraph 1, the following subparagraph is added:

the investments in the banana sector

‘For
the date
referred to in the first subparagraph shall be 1 January
2007.’

(b) In paragraph 2, the following subparagraph is added:

the investments in the banana sector

‘For
the date
referred to in the first subparagraph shall be 1 January
2007.’

‘The percentage of reduction fixed by the Member State
in accordance with Article 42(1) of Regulation (EC) No
1782/2003 in the first year of implementation of the
scheme shall apply to the banana
single payment
reference amounts
to be integrated into the single
payment scheme.’

(d) In paragraph 7, the following subparagraph is added:

‘For the purpose of the establishment of the payment
the first
entitlements in relation to banana support,
scheme
the single payment
year of application of
referred to in Articles 7(1), 12 to 17 and 20 shall be
2007.’

(c)

In paragraph 4, the following subparagraph is added:

(e) Paragraph 8 is replaced by the following:

‘For the long-term leases in the banana sector the date
referred to in the first subparagraph shall be 1 January
2007.’

2. The title of Chapter 6b is replaced by the following:

‘CHAPTER 6b

INTEGRATION OF TOBACCO, OLIVE OIL, COTTON, HOPS
PAYMENTS, SUGAR BEET, CANE, CHICORY AND BANANA
SUPPORT INTO THE SINGLE PAYMENT SCHEME’

3. Article 48c is amended as follows:

(a)

In paragraph 2 the following subparagraph is added:

‘For the purposes of the establishment of the amount
and the determination of payment entitlements in the
framework of the integration of banana support into
the single payment scheme, Articles 37 and 43 of Regu-
lation (EC) No 1782/2003 shall apply subject to the
rules established in Article 48d of this Regulation.’

(b) Paragraph 4 is replaced by the following:

‘8. Where the inclusion of
the sugar and banana
reference amounts calculated in accordance with point
K and L of Annex VII to Regulation (EC) No 1782/2003
in the single payment scheme risks making it impossible
to respect the time-limits set out in Article 34 of Regu-
lation (EC) No 1782/2003 and Article 12 of this Regu-
lation, the Member States shall extend those time-limits
by one month.’

4. Article 48d is amended as follows:

(a) Paragraph 1 is replaced by the following:

shall

‘1.
If the farmer has not been allocated or has not
bought payment entitlements by the last date for
applying for the establishment of payment entitlements
for 2006, he
entitlements
calculated in accordance with Articles 37 and 43 of
Regulation (EC) No 1782/2003 for tobacco, olive oil
and cotton payments as well as sugar beet, cane and
chicory support. For the purpose of the integration of
the banana support into the single payment scheme, the
year shall be 2007.

receive payment

‘4.
As the case may be, Article 41(2) of Regulation
(EC) No 1782/2003 shall apply to the value of all the
payment entitlements existing before the integration of

The first subparagraph shall also apply when the farmer
has leased in payment entitlements for 2005 and/or
2006, and, for the purpose of the integration of the
banana support, and/or for 2007.’

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Official Journal of the European Union

L 101/5

(b) In paragraph 2, the second subparagraph is replaced by

the following second and third subparagraphs:

support by the number
banana
accordance with point (a) of this paragraph.

established in

‘If
the farmer has been allocated or has bought or
received payment entitlements by the last day for
applying for the establishment of payment entitlements
for 2007 in the framework of the integration of banana
support,
the value and number of his payment enti-
tlements shall be recalculated as follows:

(a)

the number of payment entitlements shall be equal
to the number of payment entitlements he owns,
increased by the number of hectares established in
accordance with Article 43 of Regulation (EC) No
1782/2003 for bananas;

(b) the value shall be obtained by dividing the sum of
the value of the payment entitlements he owns and
the reference amount calculated in accordance with
Article 37 of Regulation (EC) No 1782/2003 for

Set aside payment entitlements shall not be taken into
account in the calculation referred to in the first and
second subparagraph.’

(c) The following paragraph is added:

For

the purpose of

‘5.
the integration of banana
support in the single payment scheme, the year 2006
referred to in paragraphs 3 and 4 shall be replaced by
2007.’

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 from 1 January 2007.

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

Done at Brussels, 17 April 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission