Commission Regulation (EC) No 1548/2007 of 20 December 2007 amending 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: 2007-12-20
Institutions: European Commission
Subjects: aid system, approval, fallow, fruit, land use, processing industry, raw material, terms for aid, vegetable

21.12.2007

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Official Journal of the European Union

L 337/71

COMMISSION REGULATION (EC) No 1548/2007

of 20 December 2007

amending 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,

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 (da)
and (dd) thereof,

Whereas:

(1)

(2)

Regulation (EC) No 1782/2003 defines the rules for the
coupled support for fruit and vegetables. Chapters 10g
and 10h of Title IV of Regulation (EC) No 1782/2003
provide for transitional fruit and vegetable payments and
the
therefore
necessary to lay down detailed rules with regard to the
granting of these aids.

fruit payment.

transitional

soft

is

It

Article 143c of Regulation (EC) No 1782/2003 allows
new Member States to complement Community direct
payments. A number of direct payments have been
fully or partially included in the single payment scheme
in all Member States other than those new Member
States that are still applying the single area payment
scheme. Having regards to such developments in the
implementation of
the
experience with the application of the complementary
national direct payments
that new Member
States had encountered some difficulties applying the
rules provided for in Article 143c of that Regulation.
Therefore, for reason of increased clarity, it is appropriate
to provide further precision to the meaning of certain
terms used in Article 143c(2) and (7) of that Regulation.

the single payment

scheme,

shows,

national direct payments in Bulgaria and Romania as part
of the temporary additional rural development measure.
It is appropriate, that in case of Community contribution,
Commission Regulation (EC) No 796/2004 (2), which has
laid down detailed rules for the implementation of cross-
compliance, modulation and the integrated adminis-
tration and control system provided for in Regulation
(EC) No 1782/2003, applies to such complementary
national direct payments. Such provision should apply
from the date of accession of Bulgaria and Romania to
the European Union.

(4)

(5)

(6)

Paragraph 3 of Article 110u and paragraph 2 of Article
110v of Regulation (EC) No 1782/2003 provide that the
aids provided for in those Articles are granted on the
condition that processing contract
is concluded. For
that purpose, it is appropriate to require that a contract
must be concluded with respect to the agricultural raw
materials concerned, between, on the one hand, an
approved first processor, and, on the other hand, a
producer or a recognised producer organisation rep-
resenting him or,
in the case of the transitional fruit
and vegetables payments and the transitional soft fruit
the
payment,
producer.

an approved

representing

collector

To ensure that
the raw material benefiting from the
transitional fruit and vegetable payments and the tran-
sitional soft fruit payment is finally processed, it appears
first
appropriate to set up a system of approval of
processors and collectors. Such authorised operators
would have to comply with minimum requirements
and would be sanctioned in case of non-compliance
with their obligations, according to detailed rules to be
set up at national level by the competent authorities.

In order to be able to manage the financial envelope for
transitional fruit and vegetable payments appropriately,
Member States should fix early in the year an indicative
aid amount per hectare and, before the time period for
payments, a final aid amount per hectare.

(3)

Section I point E of Annex VIII to the Act of Accession
of Bulgaria and Romania lays down the possibility to
to farmers eligible for complementary
grant support

(7)

Commission Regulation (EC) No 1973/2004 (3) should
therefore be amended accordingly.

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
L 284,

(EC) No 1276/2007 (OJ

Commission Regulation
30.10.2007, p. 11).

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

lation (EC) No 972/2007 (OJ L 216, 21.8.2007, p. 3).

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

lation (EC) No 993/2007 (OJ L 222, 28.8.2007, p. 10).

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(8)

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

3. In Article 2(2), the first subparagraph is replaced by the

following:

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 1(1), the following point (t) is added:

‘The direct payment referred to in Article 1(a), (b), (c), (h) (j)
and (t) shall be granted only for the areas entirely sown or
planted and on which all normal cultivation conditions have
been performed in accordance with local standards.’;

4. In Article 3(1)(e) the following point (v) is added:

‘(t)

transitional fruit and vegetable payments and transitional
soft fruit payment provided for in Chapters 10g and 10h
of Title IV of that Regulation.’;

‘(v)

the total aid amount paid in the case of transitional fruit
fruit
and vegetable payments and transitional
payment provided for in Chapters 10g and 10h of
Title IV of Regulation (EC) No 1782/2003.’;

soft

2. Article 2(1) is replaced by the following:

5. After Article 139, the following Article is inserted:

‘1.
The direct payments referred to in Article 1(a), (b), (c),
(e), (h), (i), (j), (m), (p) and (t) shall be granted only for the
areas, per each type of crop, which have been the subject of
application in respect of at least 0,3 hectare, where each
cultivated parcel exceeds the minimum size set by the
Member State within the limit provided for
in Article
14(4) of Regulation (EC) No 796/2004.

In the case of Malta, the direct payments referred to in
Article 1(a), (b), (c), (e), (h), (i), (j), (m) (p) and (t) shall be
granted only for the areas, per each type of crop, which have
been the subject of application in respect of at least 0,1
hectare, where each cultivated parcel exceeds the minimum
size set by the Member State within the limit provided for in
Article 14(4) of Regulation (EC) No 796/2004.

In the case of Greece, the transitional fruit and vegetable
payments referred to in Article 1(t) shall be granted only
for the areas, per each type of crop, which have been the
subject of application in respect of at least 0,1 hectare, where
each cultivated parcel exceeds the minimum size set by the
Member State within the limit provided for in Article 14(4)
of Regulation (EC) No 796/2004.

‘Article 139a

Eligibility conditions

For the purposes of Article 143c of Regulation (EC) No
1.
1782/2003, “corresponding direct payment then applicable
to the Member States in the Community as constituted on
30 April 2004” referred to in the fourth subparagraph of
paragraph 2 of that Article shall mean any direct payment
listed in Annex I to that Regulation granted in the year of
application of the complementary national direct payments
whose eligibility conditions are similar to that of the comple-
mentary national direct payment concerned.

2.
In application of the second indent of Article 143c(7)
of Regulation (EC) No 1782/2003, the Commission shall in
particular take into account the (sub)sector specific financial
envelopes referred to in Article 143c(5) of that Regulation
and the eligibility conditions applicable to the corresponding
direct payment then applicable to the Member States in the
Community as constituted on 30 April 2004.’;

6. Article 140(1) is replaced by the following:

In the case of Bulgaria, Latvia, Hungary, and Poland, the soft
fruit payment referred to in Article 1(t) shall be granted only
for the areas, per each type of crop, which have been the
subject of application in respect of at least 0,1 hectare, where
each cultivated parcel exceeds the minimum size set by the
Member State within the limit provided for in Article 14(4)
of Regulation (EC) No 796/2004.’

‘1.
Regulation (EC) No 796/2004 shall apply to the
complementary national direct payment
co-financed in
accordance with Article 33h of Regulation (EC) No
1257/1999 or,
in
accordance with Section I point E of Annex VIII to the
Act of Accession of Bulgaria and Romania.’

in the case of Bulgaria and Romania,

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7. After Chapter 17c, the following Chapter 17d is inserted:

producer organisation representing him or an approved
collector, within the meaning of Article 171db, representing
the applicant.

‘CHAPTER 17d

TRANSITIONAL FRUIT AND VEGETABLES PAYMENTS AND
TRANSITIONAL SOFT FRUIT PAYMENT

Article 171d

Definitions

For the purposes of this Chapter:

(a) “applicant” shall mean any farmer cultivating the areas
referred to in Articles 110t and 110v of Regulation
(EC) No 1782/2003 with a view to obtaining the aids
provided for in those Articles;

(b) “aid” shall mean the transitional

fruit and vegetables
payment provided for in Article 110t of Regulation
(EC) No 1782/2003 or
fruit
payment provided for in Article 110v of that Regulation;

transitional

soft

the

(c) “first processor” shall mean any user of an agricultural
raw material referred to in Articles 110t and 110v of
Regulation (EC) No 1782/2003 who undertakes the first
processing thereof with a view to obtaining one or more
of the products listed in Article 1(2) of Council Regu-
lation (EC) No 2201/96 (*);

(d) “collector” shall mean any person concluding a contract
with an applicant within the meaning of point (a) who
purchases on his own account at
the
products referred to respectively in the third subpara-
graph of Article 68b(2) or in Article 110v(1) of Regu-
lation (EC) No 1782/2003;

least one of

(e) “recognised producer organisation” shall mean any legal
entity or a clearly defined part of a legal entity which
complies with the requirements of Article 3(1) of Regu-
lation (EC) No 1182/2007 (**) and that is recognised by
the concerned Member State in accordance with Article
4 of that Regulation and recognised producer groups in
accordance with Article 7 of that Regulation.

Article 171da

Contract

Where the recognised producer organisation also acts as an
approved first processor, the contract may take the form of a
commitment to supply.

2.
The contract or
specify at least the following:

the commitment

to supply shall

(a)

the names and addresses of the parties to the contract or
the commitment to supply;

(b) the species concerned and the area planted with each

species;

(c) where appropriate, an undertaking by the applicant to
deliver to the first processor the total quantity harvested
or minimum quantities defined by Member States.

In the cases where the contract is concluded between an
approved first processor and a recognised producer organ-
isation or an approved collector representing the applicant,
the contract shall specify also the names and addresses,
referred to in point
the applicants concerned, as
well as the species and the area planted, referred to in
point (b), for each applicant concerned.

(a), of

Article 171db

Approval of the first processors and collectors

1.
For the purpose of this Chapter Member States shall set
up a system of approval of the first processors and collectors
located on their territory. They shall in particular lay down
conditions for approval ensuring that at least:

(a)

the approved first processors and collectors have the
administrative capacities
for managing the contracts
referred to in Article 171da;

(b) the approved first processors have the appropriate

production capacities.

1. Without prejudice of the application by Member States
of the possibility provided for in Article 110u(4) of Regu-
lation (EC) No 1782/2003,
for processing
referred to in Articles 110u(3) and 110v(2) of that Regu-
lation shall be concluded between, on the one hand, an
approved first processor, within the meaning of Article
171db, and, on the other hand, an applicant or a recognised

the contract

2. Member States shall set up a procedure of controls of
the approval.

Approvals granted pursuant to Regulation (EC) No 2201/96
and Regulation (EC) No 2202/96 shall remain valid for the
purposes of this Chapter.

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3. Where it is found that an approved first processor or
collector fails to comply with the obligations laid down in
this Chapter or with the national provisions adopted on its
basis, or where an approved first processor or collector does
not accept or facilitate the checks to be performed by the
competent authorities in accordance with Regulation (EC) No
796/2004, Member
appropriate
penalties. The rate of penalties shall be calculated in the
light of the seriousness of the infringement.

impose

States

shall

4. Member States shall make available to the public a list
of approved first processors and collectors at
two
months before the date fixed in accordance with Article
11(2) or Article 13(13a) of Regulation (EC) No 796/2004.

least

Article 171dc

Aid level for transitional fruit and vegetable payments

which the aid is claimed, Member States shall fix and make
available to the public the indicative aid amount per hectare.

In application of Articles 110u(1) and 110u(2) of
fix
the

2.
Regulation (EC) No 1782/2003, Member States shall
the final aid amount per hectare on the basis of
determined area.

___________
(*) OJ L 297, 21.11.1996, p. 29.
(**) OJ L 273, 17.10.2007, p. 1.’

Article 2

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

1.
In application of Article 110u(1) of Regulation (EC) No
1782/2003 and before 15 March of the year in respect of

It shall apply from 1 January 2008. However, Article 1(6) shall
apply from 1 January 2007.

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

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission