Commission Regulation (EC) No 1236/2007 of 22 October 2007 amending Regulation (EC) No 1974/2006 for the purposes of implementing Council Regulation No 378/2007 on voluntary modulation
Date: 2007-10-22
Institutions: European Commission
Subjects: EU financing arrangements, aid system, aid to agriculture, common agricultural policy, farmers' income, rural development

24.10.2007

EN

Official Journal of the European Union

L 280/3

COMMISSION REGULATION (EC) No 1236/2007

of 22 October 2007

amending Regulation (EC) No 1974/2006 for the purposes of implementing Council Regulation
No 378/2007 on voluntary modulation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

as ‘voluntary modulation’, to all the amounts of direct
payments within the meaning of Article 2(d) of Regu-
lation (EC) No 1782/2003 to be granted in their territory
in a given calendar year within the meaning of Article
2(e) of that Regulation, during the period 2007 to 2012.

Having regard to Council Regulation (EC) No 1698/2005 of 20
for rural development by the
September 2005 on support
European
Rural Development
(EAFRD) (1), and in particular Article 91 thereof,

Agricultural

Fund

for

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) 1868/94, (EC) No 1251/1999, (EC)
No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and
(EC) No 2529/2001 (2), and in particular Article 155 thereof,

payments

Having regard to Council Regulation (EC) No 378/2007 of 27
March 2007 laying down rules for voluntary modulation of
in Regulation (EC) No
direct
for
1782/2003 establishing common rules
support
for direct
schemes under the common agricultural policy and establishing
certain support schemes for farmers, and amending Regulation
(EC) No 1290/2005 (3), and in particular Article 6(b) thereof,

provided

Whereas:

(1)

Article 1 of Regulation (EC) No 378/2007 provides that
Member States where at the entry into force of that
Regulation the system of additional reductions of direct
payments referred to in Article 1 of Commission Regu-
lation (EC) No 1655/2004 of 22 September 2004 laying
down rules for the transition from the optional modu-
lation system established by Article 4 of Council Regu-
lation (EC) No 1259/1999 to the mandatory modulation
system established by Council Regulation (EC) No
1782/2003 is applied (4), or which were granted a dero-
gation by virtue of Article 70(4)(a) of Regulation (EC) No
1698/2005
co-finance
Community support, may apply a reduction, referred to

requirement

from the

to

(1) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 2012/2006 (OJ L 384, 29.12.2006, p. 8).

(2) 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).

(3) OJ L 95, 5.4.2007, p. 1.
(4) OJ L 298, 23.9.2004, p. 3.

(2)

(3)

(4)

(5)

(6)

The net amounts
resulting from the application of
voluntary modulation are available in the Member State
where they were generated as Community support for
measures under rural development programming and
are therefore allocated to financing rural development
programmes in accordance with Regulation (EC) No
1698/2005 and
in
particular Commission Regulation (EC) No 1974/2006
of 15 December 2006 laying down detailed rules for
the
(EC) No
1698/2005 on support for rural development by the
European Agricultural Fund for Rural Development
(EAFRD) (5).

implementing Regulations,

of Council Regulation

application

its

to Regulation (EC) No 1974/2006,

Annex II
in
accordance with which the content of the rural devel-
opment programmes referred to in Article 16 of Regu-
lation (EC) No 1698/2005 is established, contains,
in
part A, point 6, a financing plan comprising two tables
which have to be revised to allow Member States which
are applying voluntary modulation to include in them an
indication of the relative amounts.

The voluntary modulation system introduced by Regu-
lation (EC) No 378/2007 replaces the rules laid down by
Regulation (EC) No 1655/2004, which should therefore
be repealed.

It is, however, necessary to continue making possible the
use of the amounts withheld in accordance with the
voluntary modulation scheme previously set up by
Article 4 of Council Regulation (EC) No 1259/1999 of
17 May 1999 establishing common rules for direct
support
common agricultural
policy (6).

schemes

under

the

The measures provided for in this Regulation are in
accordance with the opinion of the Rural Development
Committee,
for Direct
the Management Committee
Payments and the Agricultural Funds Committee,

(5) OJ L 368, 23.12.2006, p. 15. Regulation as last amended by Regu-

lation (EC) No 434/2007 (OJ L 104, 21.4.2007, p. 8).

(6) OJ L 160, 26.6.1999, p. 113. Regulation repealed by Regulation

(EC) No 1782/2003.

L 280/4

EN

Official Journal of the European Union

24.10.2007

HAS ADOPTED THIS REGULATION:

Article 1

In Annex II
amended as follows:

to Regulation (EC) No 1974/2006, part A is

1. The table in point 6,1 is replaced by the table in the Annex

to this Regulation.

2. The text of the footnote to the heading of the table in point

6,2 is replaced by the following:

‘(1)

In so far as the rural development programmes cover
different types of regions and the EAFRD co-financing
rates are differentiated, table 6,2 needs to be repeated
for each type of region and for the amounts resulting
from voluntary modulation: Convergence Objective

regions, Outermost
Islands,
other
voluntary modulation.’

regions,

regions

and
amounts

smaller Aegean
from
resulting

Article 2

Regulation (EC) No 1655/2004 is repealed.

However, Member States shall continue to apply Articles 3, 4
and 5 of Regulation (EC) No 1655/2004 to the use of the
amounts withheld in accordance with Article 1 of Regulation
(EC) No 1655/2004 and Article 4 of Regulation (EC) No
1259/1999.

Article 3

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 22 October 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

‘6.1. Annual EAFRD contribution (in euro)

ANNEX

Year

2007

2008

2009

2010

2011

2012

2013

Total EAFRD

Convergence regions (*)

Amounts resulting from voluntary
modulation (**)

(*) For Member States comprising convergence regions and other regions.
(**) For Member States applying voluntary modulation pursuant to Regulation (EC) No 378/2007.’