Commission Regulation (EC) No 1117/2008 of 11 November 2008 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: 2008-11-11
Institutions: European Commission
Subjects: agricultural production, aid system, approval, cotton, fallow, land use, processing industry, raw material, terms for aid

12.11.2008

EN

Official Journal of the European Union

L 301/5

COMMISSION REGULATION (EC) No 1117/2008

of 11 November 2008

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

minimum planting density on these lands based on soil
features
and climate conditions and specific regional
must be an objective criterion for establishing whether
sowing has been conducted properly or not.

support

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
and
(EC) No
amending
1452/2001,
(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 110b(2) and Article 145(r) second
indent thereof,

certain
Regulations
(EC) No 1453/2001,

(EC) No 1454/2001,

for
2019/93,

(EEC) No

schemes

farmers

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1782/2003 as amended by Regu­
lation (EC) No 637/2008 (2) sets out the rules for the
coupled support
for cotton in conformity with the
Court’s judgement C-310/04.

In particular, Chapter 10a of Title IV of Regulation (EC)
No 1782/2003 provides for the possibility of direct aid
being granted for the production of cotton. It is therefore
necessary to adapt the corresponding detailed rules laid
down in Commission Regulation (EC) No 1973/2004 (3).

Article 110b(1) of Regulation (EC) No 1782/2003 states
that, in order to be eligible for the aid per hectare, the
farmer must sow the area under cotton with approved
varieties and grow the cotton on land authorised by the
Member States. The criteria should therefore be specified
for both the authorisation of land suitable for cotton
production and the approval of varieties.

(4)

In order to receive the aid per hectare for cotton, farmers
must sow authorised lands. A criterion defining ‘sowing’
should be established. The Member States’ fixing of the

(5)

(6)

(7)

The Member States should approve inter-branch cotton
producing organisations on the basis of objective criteria
relating to their scale and internal organisation. The scale
of an inter-branch organisation should be fixed, taking
into account the requirement on the member ginning
undertaking to be able to take delivery of sufficient quan­
tities of unginned cotton.

In order to avoid complications in managing the aid
scheme, a producer may not be a member of more
than one
same
inter-branch organisation. For
reason, where a producer belonging to an inter-branch
organisation undertakes to supply the cotton he has
produced, he should supply it only to the ginning under­
taking belonging to that same organisation.

that

The cotton aid scheme requires Member States to send
their producers certain information on cotton growing,
the objective criteria for
such as approved varieties,
authorising land and the minimum plant density.
In
order to inform the farmers in good time, the Member
State should send them this information by a specific
date.

(8)

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

(9)

Since the rules laid down in Chapter 10a of Title IV of
Regulation (EC) No 1782/2003 apply from 1 January
2009, the detailed rules to be established by this Regu­
lation should apply from the same date.

(1) OJ L 270, 21.10.2003, p. 1.
(2) OJ L 178, 5.7.2008, p. 1.
(3) OJ L 345, 20.11.2004, p. 1.

(10)

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

L 301/6

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Official Journal of the European Union

12.11.2008

HAS ADOPTED THIS REGULATION:

Article 171ad

Article 1

Chapter 17a of Regulation (EC) No 1973/2004 is replaced by
the following:

Approval of inter-branch organisations

1.
Before 31 December each year, Member States shall
approve for the following year any inter-branch cotton-
producing organisation that applies to plant cotton and
which:

‘CHAPTER 17a

CROP SPECIFIC PAYMENTS FOR COTTON

Article 171a

Authorisation of agricultural land for cotton production

The Member States shall establish objective criteria on the
basis of which land is authorised for
the crop-specific
payment for cotton provided for in Article 110a of Regu­
lation (EC) No 1782/2003.

(a) covers a total area of at least 4 000 ha as established by
the Member State and meeting the authorisation criteria
laid down in Article 171a, and which includes at least
one ginning undertaking;

(b) has adopted internal operating rules,
membership conditions and fees,
national and Community rules and regulations.

in particular on
in accordance with

These criteria shall be based on one or more of the following:

However, for 2009, Member States shall approve the inter-
branch cotton-producing organisations by 28 February 2009.

(a) the agricultural economy of those regions where cotton is

a major crop;

(b) the soil and climate in the areas in question;

(c) the management of irrigation water;

(d) rotation systems and cultivation methods likely to respect

the environment.

Article 171aa

Approval of varieties for sowing

The Member States shall approve the varieties registered in
the “Common Catalogue of Varieties of Agricultural Plant
Species” that are adapted to market needs.

2. Where it is found that an approved inter-branch orga-
nisation does not respect the criteria for approval provided
for in paragraph 1, the Member State shall withdraw the
approval unless the non-respect of the criteria concerned is
remedied within a reasonable period of time. Where it is
planned to withdraw the approval, the Member State shall
notify that
inter-branch organisation,
together with the reasons for the withdrawal. The Member
State shall allow the inter-branch organisation to submit its
observations within a specified period. In case of withdrawal,
the Member States shall provide for the application of appro­
priate sanctions.

intention to the

Farmers who are members of an approved inter-branch
is withdrawn in accordance
organisation whose approval
lose
this paragraph shall
with the first subparagraph of
their
in
the aid provided for
to the increase of
Article 110e(2) of Regulation (EC) No 1782/2003.

right

Article 171ab

Eligibility requirements

Article 171ae

The producers’ obligations

Sowing the areas referred to in Article 110b(1) of Regulation
(EC) No 1782/2003 shall be done by achieving a minimum
plant density, to be fixed by the Member State on the basis of
the soil and weather conditions and specific regional charac­
teristics, where appropriate.

Article 171ac

Agronomic practices

The Member States shall be authorised to establish specific
rules on the agronomic practices needed to maintain and
harvest the crops under normal growing conditions.

A producer shall not be a member of more than one

1.
inter-branch organisation.

2.
A producer who is a member of an inter-branch orga-
nisation shall deliver his cotton to a ginner belonging to that
same organisation.

The participation of producers in an approved inter-
result of voluntary

3.
branch organisation must be
membership.

the

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Official Journal of the European Union

L 301/7

Article 171af

Communications to the producers

Before January 31 of the year in question, Member

1.
States shall notify cotton growers of:

(a)

the approved varieties; however, varieties approved in
accordance with Article 171aa after that date must be
notified to the growers before 15 March in the same year;

(d) the required agronomic practices.

2. Where approval for a variety is withdrawn, the Member
States shall inform the growers no later than 31 January for
the purposes of the following year’s sowing season.’

Article 2

(b) the criteria for authorising land;

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

(c)

the minimum cotton plant density referred to in
Article 171ab;

It shall apply from 1 January 2009.

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

Done at Brussels, 11 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission