Commission Regulation (EC) No 993/2007 of 27 August 2007 amending and correcting 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: 2007-08-27
Institutions: European Commission
Subjects: agricultural product, aid system, area of holding, disclosure of information, fallow, land use, production aid, raw material

L 222/10

EN

Official Journal of the European Union

28.8.2007

COMMISSION REGULATION (EC) No 993/2007

of 27 August 2007

amending and correcting 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,

(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),
(f) and (j) thereof,

Whereas:

(1)

(2)

(3)

data

certain

subject

provides

Article 3(1) of Commission Regulation (EC) No
1973/2004 (2)
that
about
determined areas
for aid for energy crops
should be communicated to the Commission. Article 4
of Regulation (EC) No 1973/2004 provides that the coef-
ficient of reduction of determined areas is to be fixed on
the basis of the data communicated in accordance with
the said Regulation. The reference to
Article 3(1) of
certain provisions of Article 3(1)
is erroneous and
should therefore be corrected.

requirements

Article 32(3) of Regulation (EC) No 1973/2004 specifies
first
subordinate
processors. Lodging of security should also constitute a
subordinate
raw
for
the
material
intended for use in the production of energy
products.

collectors of

requirement

collectors

and

for

In order to provide for the possibility to grow and
process new crops on the holding for the purpose of
energy production,
is appropriate to give Member
States an option to update the list of raw materials
eligible to the use of land set aside and to the aid for
energy crops.

it

(5)

(6)

(7)

(8)

is necessary to bring clarity to the rules for the
It
optional system of approval as well as to provisions
applicable in case of trade of raw materials for energy
use between Member States of which one has decided
not to apply the Optional system of approval according
to Article 37 of Regulation (EC) No 1973/2004.

In Article 39(3) of Regulation (EC) No 1973/2004
reference is erroneously made to Article 32(2)
instead
of the entire Article 32. This error should therefore be
corrected.

regards

Commission Regulation (EC) No 270/2007 of 13 March
2007 amending Regulation (EC) No 1973/2004 laying
down detailed rules for the application of Council Regu-
lation (EC) No 1782/2003 as
the support
schemes provided for in Titles IV and IVa of that Regu-
lation and the use of land set aside for the production of
raw materials (3) amended Article 136 of Regulation (EC)
No 1973/2004. Due to an error, the subsequent repla-
cement of that Article by Commission Regulation (EC)
No 381/2007 (4) did not
the
(EC) No
amendment
270/2007.
Regulation
adapted
(EC) No 1973/2004 should therefore be
accordingly with effect from the date of application of
Regulation (EC) No 270/2007.

introduced
Article

Regulation
of

into account

by
136

take

Commission Regulation (EC) No 972/2007 (5) amended
Article 53 of Regulation (EC) No 796/2004 (6) in order
to avoid reductions of payments in case of intentional
over declarations of areas when they concern very limited
areas. That provision should also apply to applications
for the Single Area Payment Scheme. Article 138 of
Regulation (EC) No 1973/2004 should therefore be
adapted accordingly.

introduced

by Regulation

Amendments
(EC) No
270/2007 have simplified the rules for aid for energy
crops laid down in Chapter 8 of Regulation (EC) No
1973/2004. It is appropriate to introduce some of the
new elements into the rules for the use of land set aside
for the production of raw materials as laid down in
Chapter 16 of Regulation (EC) No 1973/2004.

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 552/2007 (OJ L 131, 23.5.2007,
p. 10).

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

lation (EC) No 381/2007 (OJ L 95, 5.4.2007, p. 8).

(3) OJ L 75, 15.3.2007, p. 8.
(4) OJ L 95, 5.4.2007, p. 8.
(5) OJ L 216, 21.7.2007, p. 3.
(6) OJ L 141, 30.4.2004, p. 18.

28.8.2007

EN

Official Journal of the European Union

L 222/11

(9)

(10)

(11)

(12)

(13)

(14)

the production is

For cereals and oilseeds used on the holding, the de-
naturation of
explicitly required
to Article 146 of Regulation (EC) No
pursuant
1973/2004. Taking into account
the possible limited
volume of such production and the technical difficulties
for such a process, it is necessary to leave it up to the
Member State to permit applicants to use defined agri-
cultural raw materials other than those provided for
providing that Member States
appropriate
the
approach should also be
control measures. This
extended to the determination of the quantities of raw
materials harvested.

set

the

single

In accordance with the second subparagraph of Article
143b(5) of Regulation (EC) No 1782/2003 Bulgaria and
Romania requested authorisation to set the minimum
size of eligible area per holding for which payments
scheme may be
area payment
under
requested at a level higher than 0,3 ha. This level was
fixed at 1 ha for Bulgaria and Romania (1). However, in
the case of Bulgaria, holdings with at least 0,5 ha of
permanent crops may request payments. That
level
should be laid down in Annex XX to Regulation
(EC) No 1973/2004.

It order to simplify the administration of the regime of
land set aside for the production of raw
the use of
it is sufficient to provide that a copy of the
materials,
contract
concluded between the applicant and the
collector or the first processor is submitted only by the
applicant to his competent authority.

In the case of aid for energy crops, operators are required
to lodge a security with their competent authorities by
the final date for the amendments to the payments appli-
cations.
same
arrangement in the rules for the use of land set aside
for the production of raw materials.

appropriate

provide

the

to

is

It

is

first processors

The system of securities guarantees that the raw material
grown on areas benefiting from the aid for land set aside
delivered to collectors or
finally
processed into raw material not primarily intended for
human or animal consumption. However,
it should be
allowed for the Member States to replace the system of
securities by an alternative system of approval of
operators designed to guarantee the same degree of effec-
tiveness. Such authorized operators would have to
comply with minimum requirements and would be sanc-
tioned in case of non-compliance with their obligations,
according to detailed national rules to be set up by the
competent authorities.

In accordance with the third subparagraph of Article
145(3) of Regulation (EC) No 1973/2004 first processors
and collectors choosing to replace the raw materials and
intermediate products or by-products by their equivalent
quantities are required to inform the competent auth-
orities about it. Furthermore, according to that Article,
communication between the national authorities of
Member States must be ensured in case such transactions
concern different Member States, so that sufficient infor-
mation on such transactions for the national authorities
of Member States is available. Therefore the obligation to
use the T5 copy provided for in Articles 160 and 161 of
that Regulation is not necessary and should be abolished.

(15) Annex XXI to Regulation (EC) No 1973/2004 sets the
agricultural area under the single area payment scheme
for Hungary at 4 355 thousand hectares. However, the
correct area to be taken into account following a further
review in Hungary of the estimation of the agricultural
area under the single area payment scheme in accordance
with Article 143b(4) of Regulation (EC) No 1782/2003
to 4 829 thousand hectares. That amount
amounts
should be laid down in Annex XXI
to Regulation
(EC) No 1973/2004.

(16)

Bulgaria and Romania have estimated their utilised agri-
cultural area which is maintained in good agricultural
condition and have proposed to adjust it in accordance
with the minimum size of eligible area per holding. The
referred agricultural area was
fixed for Bulgaria at
3 805 638 ha and for Romania at 8 716 370 ha (2).
Those amounts need to be laid down in Annex XXI to
Regulation (EC) No 1973/2004.

(17)

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

(18)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1.

in Article 4, the reference ‘Article 3(1)(b), (b)a and (c)’ is
replaced by ‘Article 3(1)(b) and (c)’;

2.

in Article 32, paragraph 3 is replaced by the following:

‘3.
The following obligations shall constitute subordinate
requirements for collectors and first processors within the
meaning of Article 20 of Regulation (EEC) No 2220/85:

(1) Commission Decision C(2007) 2241 of 31 May 2007 and

Commission Decision C(2007) 3161 of 2 July 2007.

(2) Commission Decision C(2007) 2241 of 31 May 2007 and

Commission Decision C(2007) 3161 of 2 July 2007.

L 222/12

EN

Official Journal of the European Union

28.8.2007

(a)

the obligation to take delivery of the relevant quantities
of
in
accordance with Article 27(3);

as delivered by

raw materials,

applicants

(b) the obligation to sign the declaration of delivery

referred to in Article 27(2);

(c)

the obligation, where applicable, to lodge a security
within the time limit set up in Article 31(1).’;

3.

in Article 33(1), the following subparagraph is added:

‘The Member State may decide to permit applicants to use
defined agricultural raw materials other than those provided
for in point (a) of the first subparagraph provided that all
appropriate control measures are complied with.’

4. Article 37 is amended as follows:

(a) paragraph 3 is replaced by the following:

5.

in Article 39(3), the reference to ‘Article 32(2)’ is replaced
by the reference to ‘Article 32’;

6.

in Article 136, ‘Article 30(3)’ is deleted;

7.

in Article 138(2), the first subparagraph is replaced by the
following:

‘Where differences between the area declared and the area
determined result
from irregularities committed inten-
tionally, the aid to which the farmer would have been
entitled shall not be granted for the calendar year in
question if that difference is more than 0,5 % of the area
determined or more than one hectare.’;

8.

in Article 144, point (c) is replaced by the following:

‘(c) “first processor” means any user of agricultural raw
materials, except applicants using raw materials on
the holding, who undertakes
the first processing
thereof with a view to obtaining one or more of the
products referred to in Annex XXIII to this Regulation.’;

‘3. Member States
set up a procedure of
controls of the approval of the operators before the
list referred to in paragraph 6 is published.’;

shall

9. Article 146 is replaced by the following:

(b) in paragraph 4, the first sentence is replaced by the

following:

‘Article 146

Derogations

‘Where it is found that an approved operator fails to
comply with the obligations laid down in this Chapter
or with the national provisions adopted on its basis, or
where a collector or first processor does not accept or
facilitate the on-the-spot checks to be performed by the
competent authorities and/or does not provide the
information referred to in Article 38, Member States
shall provide
appropriate
penalties.’;

application of

the

for

Notwithstanding Article 145(2) and (3), Member

1.
States may permit applicants to:

(a) use all the cereals or oilseeds covered by CN codes
1201 00 90, 1205 10 90, 1205 90 00, 1206 00 91
and 1206 00 99 harvested:

(i) as fuel for heating their agricultural holding;

(c) paragraph 5 is replaced by the following:

biofuels;

(ii) for the production on the holding of power or

‘5.
If an approved operator, as a result of a serious
negligence, fails to comply with the provisions of this
Chapter or with the national provisions, a Member
State may decide to withdraw its approval
for a
period to be determined by that Member State.’;

(d) paragraph 7 is replaced by the following:

(b) process into biogas falling within CN code 2711 29 00,

on their holdings, all raw materials harvested.

The Member State may decide to permit applicants to use
defined agricultural raw materials other than those provided
for in point (a) of the first subparagraph providing that all
appropriate control measures are complied with.

‘7.
If a Member State decides to apply paragraph 1,
the aid shall be paid only to applicants who have
concluded contracts with approved collectors or
processors provided those are also established in a
Member State which has decided to apply paragraph 1.’;

2.
In the cases referred to in paragraph 1, applicants
shall undertake, by way of a declaration in place of the
contract referred to in Article 147,
to use or process
directly the raw material covered by the declaration.
Articles 147 to 164 shall apply mutatis mutandis.

28.8.2007

EN

Official Journal of the European Union

L 222/13

3. Member States applying paragraph 1 shall introduce
adequate control measures to ensure that the raw material
is used directly on the holding or is processed into biogas
falling within CN code 2711 29 00.’;

10. Article 147 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.
In support of the single application and by the
date provided for in Article 11 of Regulation (EC) No
796/2004, applicants shall submit to their competent
authorities a copy of the contract concluded with a
collector or first processor. However, Member States
may decide that the contract may only be concluded
between an applicant and a first processor.’;

(b) paragraph 3 is deleted.;

collectors
operators”).

and first processors

(hereinafter

“approved

Member States shall make available to public the decision
referred to in the first subparagraph by 1 November of the
year preceding its application.

Save as otherwise provided in this Section, the provisions
of this Chapter shall apply to the Member States having
decided to apply the first subparagraph.

a Member State has decided to apply
2. Where
paragraph 1,
it shall adopt the necessary provisions and
take the necessary measures to ensure that the provisions
of this Chapter are complied with. In particular, Member
States
the
operators ensuring that at least the following criteria are
met:

lay down conditions

for approval of

shall

11.

in Article 155(1), point (b) is replaced by the following:

(a)

for collectors:

‘(b) a copy of the contract has been deposited with the
applicant’s competent authority in accordance with
Article 147(1) and the conditions
referred to in
Article 145(1) have been fulfilled.’;

12.

in Article 157, paragraph 1 is deleted;

13.

in Article 158, paragraph 1 is replaced by the following:

‘1.
Collectors or first processors shall lodge a security as
this Article with their
provided for in paragraph 2 of
competent authorities by the final date for the amendments
to the payment applications for the year in question in the
Member State concerned, as referred to in Article 15(2) of
Regulation (EC) No 796/2004. However, Member States
may waive the requirement of a security under
the
conditions
set up in Article 5 of Regulation (EEC)
No 2220/85.’;

14. Article 159 is amended as follows:

(a)

in paragraph 1, point (c) is deleted;

(b) in paragraph 2, point (b) is deleted;

15.

in Chapter 16, Section 8 is replaced by the following:

‘SECTION 8

Optional system of approval

Article 160

Optional system of approval

1.
By way of derogation from Article 158, Member
States may decide to set up a system of approval of

(i) have the administrative capacities for operating as a
record keeping

the

collector
and performing
referred to in Article 163;

(ii) have a contractual relationship with at least one
processor
raw materials or
the delivery of
have carried on trading activities for a sufficient
period;

for

(b) for first processors:

(i) have the administrative capacities for operating as a
first processor and the administrative capacities for
performing the record keeping referred to in Article
163;

(ii) have the appropriate production capacities for the
production of at least one end-product intended for
non-food purposes as listed in Annex XXIII.

3. Member States shall set up a procedure of controls of
the approval of the operators before the list referred to in
paragraph 6 is published.

4. Where it is found that an approved operator fails to
comply with the obligations laid down in this Chapter or
with the national provisions adopted on its basis, or where
a collector or first processor does not accept or facilitate
the on-the-spot checks to be performed by the competent
authorities
information
referred to in Article 163, Member States shall provide
for the application of appropriate penalties. The amount
of
the
the penalties shall be calculated in the light of
seriousness of the infringement and proportionally to the
securities
the
requirements as set up in Article 159.

and/or does not provide

non-compliance with

forfeited

the

for

L 222/14

EN

Official Journal of the European Union

28.8.2007

If an approved operator, as a result of a serious
5.
negligence,
this
fails to comply with the provisions of
Chapter or with the national provisions, a Member State
may decide to withdraw its approval for a period to be
determined by that Member State.

6.
Before 15 December of the year prior to the year in
respect of which the aid is granted, each Member State shall
make available to the public a list of approved collectors
and first processors.

7.
If a Member State decides to apply paragraph 1, the
aid shall be paid only to applicants who have concluded
contracts with approved collectors or processors provided
those are also established in a Member State which has
decided to apply paragraph 1.’;

16. Annex XX and Annex XXI are replaced by the text in

Annex to this Regulation.

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 2008.

However Article 1(6) and (16) shall apply from 1 January 2007
and point (7) shall apply to aid applications relating to years or
premium periods starting from 1 January 2008.

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

Done at Brussels, 27 August 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

28.8.2007

EN

Official Journal of the European Union

L 222/15

ANNEX

‘ANNEX XX

MINIMUM SIZE OF ELIGIBLE AREA PER HOLDING UNDER THE SINGLE AREA PAYMENT SCHEME

New Member States

Minimum size of eligible area per holding
(ha)

Bulgaria

Cyprus

Czech Republic

Estonia

Hungary

Latvia

Lithuania

Poland

Romania

Slovakia

Bulgaria

Cyprus

Czech Republic

Estonia

Hungary

Latvia

Lithuania

Poland

Romania

Slovakia

1
However, holdings with at least 0,5 ha of permanent crops
may request payments

0,3

1

1

1
However, holdings with more than 0,3 ha of orchards or
vineyards may request payments

1

1

1

1

1

ANNEX XXI

AGRICULTURAL AREA UNDER THE SINGLE AREA PAYMENT SCHEME

New Member States

Agricultural area under the single area payment scheme referred
to in Article 143b(4) of Regulation (EC) No 1782/2003
(thousands ha)

3 805

140

3 469

800

4 829

1 475

2 574

14 337

8 716

1 955’