Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003
Date: 2009-01-19
Institutions: Council of the European Union
Subjects: aid to agriculture, common agricultural policy, environmental protection, farmers' income

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COUNCIL REGULATION (EC) No 73/2009

of 19 January 2009

establishing common rules for direct support schemes for farmers under the common agricultural
(EC)
schemes
policy and establishing certain support
No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003

farmers, amending Regulations

for

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 36 and 37 and Article 299(2)
thereof,

Having regard to the 1979 Act of Accession, and in particular
paragraph 6 of Protocol No 4 on cotton attached thereto,

(3)

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

consulting

After
Committee (2),

the

European

Economic

and

Social

After consulting the Committee of the Regions (3),

Whereas:

(1)

(2)

The reforms of the Common Agricultural Policy (CAP)
agreed in 2003 and 2004 included provisions to gauge
their effectiveness.
the Commission
In this context
presented a Communication to the European Parliament
and the Council entitled ‘Preparing for the’ Health Check
the CAP reform’ on 20 November 2007. That
‘of
Communication and the subsequent discussions of
its
main elements by the European Parliament, the Council,
the European Economic and Social Committee and the
Committee of the Regions, as well as numerous contribu-
tions arising from public consultation should be taken
into account.

Experience drawn from the implementation of 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 (4)
shows that
certain elements of the support mechanism need to be
adjusted. In particular, the decoupling of direct support
should be extended and the functioning of the single
scheme should be simplified. Furthermore,
payment
Regulation (EC) No 1782/2003 has been substantially

in particular

(1) Opinion of 19 November 2008 (not yet published in the Official

Journal).

(2) Opinion of 23 October 2008 (not yet published in the Official Journal).

Opinion delivered following non-compulsory obligation.

(3) Opinion of 8 October 2008 (not yet published in the Official Journal).

Opinion delivered following non-compulsory obligation.

(4) OJ L 270, 21.10.2003, p. 1.

amended on several occasions. In the light of these devel-
opments and in the interest of clarity,
it should be
repealed and replaced by this Regulation.

Regulation (EC) No 1782/2003 established the principle
that farmers who do not comply with certain require-
ments in the areas of public, animal and plant health,
environment and animal welfare are subject to reductions
of or exclusion from direct support. This ‘cross compli-
system forms an integral part of Community
ance’
support under direct payments and should therefore be
maintained. However, experience has
shown that a
number of the requirements within the scope of cross
compliance are not
to farming
activity or farm land or concern national authorities
rather than farmers. It is therefore appropriate to adjust
the scope of cross compliance.

sufficiently relevant

(4)

(5)

Furthermore,
land being
in order to avoid agricultural
abandoned and to ensure that it is maintained in good
agricultural and environmental condition, Regulation (EC)
No 1782/2003 established a Community framework
within which Member States adopt standards taking
account of
the areas
the specific characteristics of
including soil and climatic conditions and
concerned,
existing farming systems, land use, crop rotation, farming
practices and farm structures. This framework should be
maintained. Experience has shown nevertheless that the
relevance and beneficial effects of certain standards are
not sufficient
implementation by all
Member States. Such standards should therefore become
optional for Member States. However, to ensure that the
framework is as consistent as possible, a standard should
not be optional where before 2009 the Member State
concerned already defined a minimum requirement on
the basis of such a standard or where national rules
which address such a standard are in place.

to justify their

in accordance with this Regulation, of
The abolition,
compulsory set aside within the single payment scheme
could in certain cases have adverse effects on the environ-
ment, in particular as regards certain landscape features.
It is therefore appropriate to reinforce the Community
aimed at protecting specified landscape
provisions
features. In specific situations it should also be possible
for a Member State to provide for the establishment
and/or retention of habitats.

(6)

(7)

(8)

(9)

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Protection and management of water in the context of
agricultural activity has increasingly become a problem in
certain areas. The Community framework for good agri-
cultural and environmental condition should therefore
also be reinforced with the aim of protecting water
against pollution and run-off and of managing the use of
water.

specific provisions for certain agricultural products (2)
will require specific efforts on the part of dairy farmers
to adapt to changing conditions, particularly in disadvan-
taged regions. It is therefore appropriate that this particu-
lar situation should also be defined as a new challenge
which Member States should be able to address with a
view to ensuring a ‘soft-landing’ of their dairy sectors.

Regulation (EC) No 1782/2003 recognised the positive
environmental effect of permanent pasture. The measures
in that Regulation aimed at encouraging the maintenance
of existing permanent pasture to ensure against mass
conversion to arable land should be maintained.

(10)

In order to achieve a better balance between policy tools
designed to promote sustainable agriculture and those
designed to promote rural development, a system of
compulsory progressive reduction of direct payments
introduced by Regulation (EC)
(‘modulation’) was
No 1782/2003. That system should be maintained and
should include the exemption of direct payments of up
to EUR 5 000.

The savings made through modulation are used to
finance measures under the rural development policy.
Since Regulation (EC) No 1782/2003 was adopted, the
agricultural sector has been faced with a number of new
and demanding challenges such as climate change and
the increasing importance of bio-energy, as well as the
need for better water management and more effective
protection of biodiversity. The Community, as party to
the Kyoto Protocol (1), has been called upon to adapt its
policies in the light of climate change considerations.
relating to
following serious problems
Furthermore,
water scarcity and droughts, the Council, in its Conclu-
sions ‘Water Scarcity and Drought’ of 30 October 2007,
considered that water management issues in agriculture
should be further addressed. Furthermore, the Council
emphasised, in its Conclusions ‘Halting the Loss of Biodi-
versity’ of 18 December 2006, that protecting biodiver-
sity remains a major challenge and while important
progress has been made, the attainment of the Communi-
ty's biodiversity target for 2010 will require additional
efforts. Moreover, since innovation can,
in particular,
contribute to the development of new technologies,
products and processes,
it will underpin the efforts to
tackle these new challenges. The expiry of the milk quota
regime in 2015 in accordance with Council Regulation
(EC) No 1234/2007 of 22 October 2007 establishing a
common organisation of agricultural markets and on

(11)

(12)

The Community acknowledges the need to tackle these
new challenges in the framework of its policies. In the
area of agriculture,
rural development programmes
adopted under Council Regulation (EC) No 1698/2005
of 20 September 2005 on support for rural development
by the European Agricultural Fund for Rural Develop-
ment (EAFRD) (3) are an appropriate tool for dealing with
them. To enable Member States to revise their rural devel-
opment programmes accordingly without being required
to reduce their current rural development activities in
other areas, additional funding needs to be made avail-
able. However, the financial perspective for the period
2007 to 2013 does not provide for the financial means
to reinforce the Community's rural development policy
as necessary. Under these circumstances, a large part of
the financial resources needed should be mobilised by
providing for a gradual increase in the reduction of direct
payments through modulation.

for the objective of

The distribution of direct income support among farmers
is characterised by the allocation of a large quantity of
payments to a rather small number of large beneficiaries.
It is clear that larger beneficiaries do not require the same
level of unitary support
income
support to be efficiently attained. Moreover, the potential
to adapt makes it easier for larger beneficiaries to operate
with lower levels of unitary support. It is therefore fair to
expect farmers with large amounts of support to make a
special contribution to the financing of rural develop-
ment measures addressing new challenges. Therefore, it is
appropriate to establish a mechanism providing for an
increased reduction in the larger payments, the proceeds
of which are to be used to address the new challenges in
the framework of rural development.

The particular geographical situation of the outermost
regions as well as their insularity, small size, mountai-
nous terrain and climate impose additional burdens on
their agricultural
to mitigate such
burdens and constraints, a derogation from the obligation
to apply the modulation reduction to farmers in the
outermost regions should be provided for.

In order

sectors.

(1) Council Decision 2002/358/EC of 25 April 2002 concerning the
approval, on behalf of the European Community, of the Kyoto Protocol
to the United Nations Framework convention on Climate change and
the joint fulfilment of commitments thereunder (OJ L 130, 15.5.2002,
p. 1).

(2) OJ L 299, 16.11.2007, p. 1.
(3) OJ L 277, 21.10.2005, p. 1.

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(13)

(14)

(15)

(16)

The increased rates of compulsory modulation need to be
taken into account by those Member States that opted to
apply a system of voluntary modulation. Council Regu-
lation (EC) No 378/2007 of 27 March 2007 laying down
rules
for voluntary modulation of direct payments
provided for in Regulation (EC) No 1782/2003 estab-
lishing common rules for direct support schemes under
the common agricultural policy and establishing certain
farmers (1)
support schemes for
should be therefore
amended accordingly.

(17) Modulation should not reduce the net amount paid to a
farmer in a new Member State below the amount to be
paid to an equivalent farmer in the Member States other
than the new Member States. Therefore, once modulation
becomes applicable to farmers in the new Member States,
the rate of reduction should be limited to the difference
between the level under the phasing-in schedule and the
level in the Member States other than the new Member
States following the application of modulation. Moreover,
modulation should be taken into account in the granting
of complementary national direct payments to farmers in
new Member States who are subject to modulation.

that

that Regulation,

The amounts resulting from the application of 5 percen-
tage points corresponding to the modulation reductions
determined in Regulation (EC) No 1782/2003 should be
allocated amongst Member States according to the same
criteria established under
is in
accordance with objective criteria, while establishing that
a certain percentage of the amounts is to remain in the
Member States where they were generated. In view of the
structural adjustments resulting from the abolition of rye
intervention, the specific measures for certain rye produc-
tion regions to be financed with part of the amounts
generated by modulation should be maintained. More-
over, the amounts raised by applying any further modula-
tion reduction should be made available to the Member
States in which they were generated.

In order
to facilitate the functioning of modulation,
notably with regard to the procedures for granting direct
payments to farmers, and the transfers to the rural devel-
opment programmes, net ceilings should be determined
for each Member State to limit the payments to be made
to farmers following the application of modulation. To
take into account the specificities of CAP support in the
outermost regions and the fact that direct payments are
not
the
Member States concerned should not include the direct
in these regions. Council Regulation (EC)
payments
No 1290/2005 of 21 June 2005 on the financing of the
common agricultural policy (2)
should therefore be
amended accordingly.

the net ceiling for

to modulation,

subject

Farmers in the new Member States which acceded to the
European Union on or after 1 May 2004 receive direct
payments following a phasing-in mechanism provided for
in the respective Acts of Accession. In order to achieve a
proper balance between policy tools designed to promote
sustainable agriculture and those designed to promote
rural development, the system of modulation should not
be applied to farmers in the new Member States until the
level of direct payments applicable in those Member
States is equal to the level applicable in the Member
States other than the new Member States.

(18) With a view to ensuring that the amounts for the finan-
cing of the CAP comply with the annual ceilings set in
the financial perspective,
the financial mechanism in
Regulation (EC) No 1782/2003 whereby the level of
direct support is adjusted when the forecasts indicate that
the subceiling of heading 2, with a safety margin of
EUR 300 000 000, is exceeded in a given financial year
should be maintained. Taking into account the levels of
direct payments for farmers in the new Member States as
a result of phasing-in, and in the framework of the appli-
cation of
the phasing-in mechanism to all direct
payments granted in the new Member States, this instru-
ment of financial discipline should not apply in those
Member States until the level of direct payments applic-
able in those Member States is at least equal to the level
applicable in the Member States other than the new
Member States. In view of the particular weight in the
general budget of
the
resource referred to in Article 2(1)(c) of Council Decision
2007/436/EC, Euratom of 7 June 2007 on the system of
the European Communities' own resources (3),
is
appropriate to provide, exceptionally, for the Council to
adopt the necessary decision to apply the instrument of
financial discipline on a proposal from the Commission.

the European Communities of

it

(19)

to help farmers to meet
it

the standards of
In order
modern, high-quality agriculture,
is necessary that
Member States continue to operate the comprehensive
system offering advice to farms provided for in Regu-
lation (EC) No 1782/2003. The farm advisory system
should help farmers to become more aware of material
flows and on-farm processes relating to the environment,
food safety, animal health and welfare without in any
way affecting their obligation and responsibility to
comply with those standards.

(20)

Regulation (EC) No 1290/2005 provides that Member
States have to take the measures necessary to satisfy
themselves that transactions financed by the European
Agricultural Guarantee Fund (EAGF) are actually carried

(1) OJ L 95, 5.4.2007, p. 1.
(2) OJ L 209, 11.8.2005, p. 1.

(3) OJ L 63, 23.6.2007, p. 17.

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out and are executed correctly, and to prevent and deal
with irregularities. To this end, they should operate an
integrated administration and control system for direct
In order to improve the effectiveness and
payments.
control of Community support, Member States should be
authorised to make use of the integrated system also in
the case of Community schemes not covered by this
Regulation.

(21)

system and,

in particular,

The main elements of the integrated administration and
control
the provisions
concerning a computerised database, an identification
system for agricultural parcels, aid applications from
farmers, a harmonised control system and, within the
single payment scheme, a system for the identification
and recording of payment
should be
maintained.

entitlements

(22) Managing small amounts is a burdensome task for the
competent authorities of the Member States. To avoid an
excessive administrative burden, Member States should in
general refrain from granting direct payments where the
payment would be lower than EUR 100 or the eligible
area of the holding for which support is claimed would
be less than one hectare. However, as the structures of
the Member States' agricultural economies vary consider-
ably and may differ significantly from the average Com-
munity farm structure, special provision should be made
to allow Member States to apply minimum thresholds
that reflect their particular situation. Due to the very
specific farming structure in the outermost regions and
the Aegean Islands, these regions should not be subject
to the application of any minimum threshold. Moreover,
Member States should have discretion to opt for the
implementation of one of the two types of minimum
threshold taking account of
the
structures of their farming sectors. As special payment
entitlements were allocated to farmers with so-called
‘landless’ holdings, the application of the hectare-based
threshold would be ineffective. The average support-
related minimum amount should therefore apply to such
farmers. To ensure equal treatment of
farmers whose
direct payments are subject to phasing-in, the minimum
threshold should be based on the final amounts to be
granted at the end of the phasing-in process.

the particularities of

(23)

the application of

Experience of
the single payment
scheme shows that decoupled income support was in a
number of cases granted to beneficiaries whose agri-
cultural activities formed only an insignificant part of
their overall economic activities or whose business
purpose was not or only marginally
targeted at
performing an agricultural activity. To prevent agri-
income support from being allocated to such
cultural
beneficiaries and to ensure that Community support is
entirely used to ensure a fair standard of living for the
should be
community, Member States
agricultural

(24)

(25)

(26)

(27)

empowered, where such allocation occurs,
to refrain
from granting such natural and legal persons direct
payments under this Regulation.

Payments provided for under Community support
schemes should be made by the competent national
authorities to beneficiaries in full, subject to any reduc-
tions provided for
in this Regulation, and within
prescribed periods. In order to render the management
of direct payments more flexible, Member States should
be allowed to pay direct payments in up to two instal-
ments per year.

The support schemes under the CAP provide for direct
income support, in particular with a view to ensuring a
fair standard of
living for the agricultural community.
That objective is closely related to the maintenance of
rural areas. In order to avoid any misallocation of Com-
munity funds, no support payments should be made to
farmers who have artificially created the conditions
required to obtain such payments.

In order to achieve the objectives of the CAP, common
support schemes have to be adapted to changing devel-
opments, if necessary within short time-limits. Benefici-
aries cannot,
rely on support conditions
remaining unchanged and should be prepared for a
possible review of schemes, in particular in the light of
economic developments or the budgetary situation.

therefore,

the application of

Regulation (EC) No 1782/2003 established a single
payment scheme that combined the existing various
support mechanisms into a single scheme of decoupled
direct payments. Experience of
the
single payment scheme shows that some of its elements
can be simplified for the benefit of farmers and adminis-
the single payment
trations. Furthermore, given that
scheme has in the meantime been implemented by all
Member States that were required to do so, a number of
provisions that were linked to its initial implementation
have become obsolete and should therefore be adjusted.
In this context, a significant under use of payment entitle-
ments has been detected in some cases. To avoid such a
situation and taking into account the fact that farmers
are already familiar with the functioning of the single
payment scheme, the period initially fixed for returning
unused payment entitlements to the national reserve
should be reduced to two years.

(28)

The main elements of the single payment scheme should
the determination of
be maintained.
In particular,
national ceilings should ensure that the total
level of
exceed current
and entitlements does not
support
budgetary constraints. Member States should also operate
a national reserve that may be used to facilitate the parti-
cipation of new farmers in the scheme or to take account

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(29)

(30)

(31)

of specific needs in certain regions. Rules on the transfer
and use of payment entitlements should be laid down to
prevent
accumulation of
payment entitlements without a corresponding agri-
cultural basis.

speculative

transfer

and

The progressive integration of further sectors into the
single payment scheme makes it necessary to review the
definition of the land eligible to benefit from the scheme
or for the activation of payment entitlements. However,
provision should be made for excluding support for areas
cultivated with fruit and vegetables
in cases where
Member States have opted for deferred integration of this
sector into the single payment scheme. Besides, specific
measures should be laid down for hemp to prevent
support being granted for illegal crops.

Compulsory set aside of arable land was introduced as a
supply control mechanism. Market developments in the
arable crops sector together with the introduction of
decoupled aids no longer justify the need for maintaining
this instrument, which therefore should be abolished. Set-
aside entitlements established in accordance with Regu-
lation (EC) No 1782/2003 should therefore be activated
as regards hectares subject to the same eligibility condi-
tions as any other entitlement. The abolition of the set-
aside obligation may lead to the result that land that was
eligible for the purpose of activating set-aside entitle-
In order to maintain the
ments is no longer eligible.
eligibility of such land, it should be provided that certain
afforested areas, including those afforested under national
schemes complying with the relevant rules in Regulation
(EC) No 1698/2005, or areas subject to certain environ-
mental
single
payment scheme.

eligible under

commitments

the

are

allow farmers reasonably to adapt to the changing levels
of support.

(32) Under Regulation (EC) No 1782/2003, Member States
had the option to apply the single payment scheme by
way of historic or regional implementation. Since then,
Member States have had the opportunity to evaluate the
effects of their choice as regards both their economic and
administrative appropriateness. Member States should
therefore be given the opportunity to review their initial
choice in the light of their experience. For this reason, in
levelling the value of
addition to the possibility of
payment entitlements, Member States that applied the
historic model should be authorised to change over to a
regionalised application of the single payment scheme in
accordance with the options already provided for in
Regulation (EC) No 1782/2003. In particular, Member
States should be allowed to adjust the territorial distribu-
tion of direct support by effecting a gradual redistribution
between regions. This option would give Member States
increased flexibility to target direct support in the most
appropriate way on the basis of the objectives laid down
in Article 33 of the Treaty and on the basis of objective
such as agricultural
and non-discriminatory criteria
potential
Furthermore,
criteria.
Member States that chose to apply the regional model
should be given the option to review their decisions
under certain conditions with the aim of approximating
the value of payment entitlements according to pre-estab-
lished annual steps, while complying with the general
principles of Community law and the objectives of the
CAP. Such changes should take place during an adequate
transition period and within a limited range of reductions
in order to allow farmers reasonably to adapt to the
changing levels of support.

environmental

and

Further to the integration of formerly coupled market
support into the single payment scheme, the value of
payment entitlements was, in those Member States opting
for historic implementation, based on the individual level
of past support. With the time elapsing since the intro-
duction of the single payment scheme and following the
successive integration of further sectors into that scheme,
it is becoming increasingly hard to justify the legitimacy
of significant individual differences in the support level
which are based only on past support. For this reason,
Member States that chose the historic implementation
model should be allowed under certain conditions to
review the allocated payment entitlements with a view to
approximating their unit value while complying with the
general principles of Community law and the objectives
of the CAP. In this context, Member States may take into
the specificities of geographical areas when
account
fixing closer values. The levelling of payment entitlements
should take place during an adequate transition period
and within a limited range of reductions in order to

(33)

Regulation (EC) No 1782/2003, while introducing a
decoupled single payment
scheme, allowed Member
States to exclude in whole or in part certain payments
from that scheme. That Regulation also provided for the
review and possible revision of this option in the light of
market and structural developments. An analysis of rele-
vant experience shows that decoupling introduces flex-
ibility in the choice of products to be farmed, enabling
farmers to take their production decisions on the basis of
profitability and market response. This is particularly the
case for the arable crops and hops sectors, and to a
certain extent, the beef and veal and seeds sectors. There-
fore, the partially coupled payments in the arable crops
and hops sectors should be integrated into the single
payment scheme from 2010. In the case of hops, Regu-
lation (EC) No 1782/2003 allowed Member States to
the hops area payments to recognised
grant part of
producer organisations. In order to allow the producer
organisations to continue their activities as before, Regu-
lation (EC) No 1234/2007, as amended by Regulation

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(EC) No 72/2009 of 19 January 2009 on modifications
to the Common Agricultural Policy (1), provides
for
equivalent amounts to be used in the Member State
concerned for the same activities. Such amounts should
therefore be deducted from the national ceilings provided
for in this Regulation for that Member State. In order for
farmers in the beef and veal and seeds sectors to adjust
to the new support arrangements, provision should be
made for the integration of the beef and veal payments
and the seed aid to be carried out by 2012 at the latest.
Since partially coupled payments in the fruit and vege-
table sectors were only recently introduced, and only as a
the exclusion of such payments
transitional measure,
from the single payment scheme should be allowed to
continue, whilst Member States should be allowed to
review their decisions with a view to increasing the
degree of decoupling.

(34) However, as regards the suckler cow and sheepmeat and
goatmeat sector, maintaining a minimum level of agri-
cultural production may still be necessary for the agri-
cultural economies in certain regions and, in particular,
where farmers cannot have recourse to other economic
alternatives. Against
this background, Member States
should have the option to maintain coupled support
either at the current level or at a lower level. In that case,
special provision should be made for compliance with
the identification and registration requirements provided
for by Regulation (EC) No 1760/2000 of the European
Parliament and of the Council of 17 July 2000 estab-
lishing a system for the identification and registration of
bovine animals and regarding the labelling of beef and
beef
(EC)
No 21/2004 of 17 December 2003 establishing a system
for
the identification and registration of ovine and
caprine animals (3), in particular with a view to ensuring
the traceability of animals.

products (2)

Regulation

Council

and

(35) Member States should be allowed to use up to 10 % of
their national ceilings for the single payment scheme for
granting specific support in clearly defined cases. Such
support should allow Member States to address environ-
mental and animal welfare issues and improve the quality
and marketing of agricultural products. Specific support
should also be available to buffer the consequences of the
phasing-out of milk quotas and the decoupling of
in particularly sensitive sectors. Given the
support
growing importance of
the effective management of
risks, Member States should be given the option to
contribute financially to the premiums farmers pay for
crop, animal and plant insurance as well as to the finan-
cing of compensation for certain economic losses in the
event of animal or plant diseases and environmental inci-
dents. With a view to respecting the Community's inter-
national obligations, the resources that could be used for
any coupled support should be limited to an appropriate

level while allowing for transitional measures for Member
States facing particular difficulties. The conditions applic-
able to the financial contributions for crop, animal and
plant insurance premiums and compensation in relation
to animal and plant diseases and environmental incidents
should be established accordingly. Moreover, Member
States which have made use of Article 69 of Regulation
(EC) No 1782/2003 should be given a sufficient transi-
tional period in order to allow for a smooth transition to
the new rules for specific support.

(36)

Experience has shown that currently Member States do
not use the entire amount of the funds available under
the national ceilings for the single payment scheme, in
particular where the payment entitlements have not been
activated. In order to facilitate the more efficient use of
the funds, Member States should be allowed to grant
support above their national ceilings up to an amount
the level of which ensures that it remains within the
margins of the under-execution of the national ceiling.
Such amount should be calculated on the basis of the
budget under-execution for the most recent year available
and should not put into question the respect of the total
net ceiling for direct payments per Member State. For this
reason and to ensure that farmers do not face unforeseen
reductions of payments, the calculation should be carried
out within certain safety margins. These amounts should
either be used for the funding of specific support or
transferred to the EAFRD.

for

references

(37) Direct payments under the single payment scheme were
based on reference amounts of direct payments that were
received in the past or on regionalised per hectare
amounts. Farmers in the new Member States did not
receive Community direct payments and had no histor-
ical
the calendar years 2000, 2001
and 2002. Therefore, provision was made under Regu-
the single payment
lation (EC) No 1782/2003 for
scheme in the new Member States to be based on regio-
nalised per hectare amounts. Several years after the acces-
sion of
the new Member States to the Community,
however, the use of reference periods could be considered
for those new Member States that have not yet moved to
the single payment scheme. With a view to facilitating
the transition to the single payment scheme and, in par-
ticular, to preventing speculative applications, the new
Member States should be authorised to take account, for
the purpose of the calculation of the payment entitle-
ments under the single payment scheme, of the areas for
which, historically,
area
payment scheme was granted.

support under

single

the

(1) See page 1 of this Official Journal.
(2) OJ L 204, 11.8.2000, p. 1.
(3) OJ L 5, 9.1.2004, p. 8.

(38) Under the regionalised option for the single payment
scheme, the new Member States should have the possibi-
lity to adjust the value of the payment entitlements per

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hectare on the basis of objective criteria in order to
ensure equal treatment between farmers and to avoid
market distortions.

(39)

The new Member States should have the same possibili-
ties as the other Member States to partially implement
the single payment scheme.

(42)

be allowed under certain limits to use the funds to be
integrated into the single payment scheme to support
farmers who exercised certain agricultural activities in
other sectors during the same years, such as using grass-
land or keeping animals.

Regulation (EC) No 1782/2003 established specific
support for energy crops with a view to assisting the
development of the sector. Due to recent developments
in the bio-energy sector and, in particular, to the strong
demand for such products on international markets and
the share of
the introduction of binding targets for
bio-energy in total fuel by 2020, there is no longer suffi-
cient reason to grant specific support for energy crops.

(40)

The decoupling of direct support and the introduction of
the single payment scheme were essential elements in the
process of reforming the CAP. However, in 2003, several
reasons called for specific support to be maintained for a
number of crops. Experience gained through the applica-
tion of Regulation (EC) No 1782/2003 together with the
evolution of the market situation indicates that schemes
that were kept outside the single payment scheme in
2003 can now be integrated into that
scheme to
promote more market-oriented and sustainable agri-
culture. This is the case, in particular, with the olive oil
sector, where only marginal coupling was applied, as well
as with durum wheat, protein crops, rice, potato starch,
and nuts payments, where the decreasing effectiveness of
remaining coupled payment supports the decoupling
option. In the case of flax and hemp, dried fodder and
for processing should be
potato starch,
decoupled and the relevant amounts should be integrated
into the single payment scheme. As regards protein
crops, rice, potato starch, nuts and flax and hemp,
in
order to allow producers to adjust, it is appropriate to
integrate the aids
into the single
payment scheme from 2012 while at the same time, and
with the exception of the processing aids which are dealt
with under Regulation (EC) No 1234/2007, allowing
Member States to decide on an earlier date for their inte-
gration. As
should be
regards nuts, Member States
allowed to continue to pay the national part of the aid in
a coupled way in order
to cushion the effects of
decoupling.

those sectors

the support

for

(41) As a consequence of the integration of further sectors
into the single payment scheme, provision should be
made for the calculation of the new level of individual
income support under that scheme. In the case of nuts,
potato starch, flax and hemp and dried fodder, such an
increase should be granted on the basis of the support
farmers received in most recent years. However, in the
case of the integration of payments that were partially
excluded from the single payment
scheme, Member
States should be given the option to use the original
reference periods. For potato starch, the amounts avail-
able for distribution in Germany and the Netherlands
should take into account the cross-border deliveries of
potato starch produced in one of those Member States
for processing in the other. Furthermore, with a view to
covering the specific needs of their agricultural sectors
and to ensure that the support received in the past by
farmers is not drastically reduced, Member States should

(43) When the cotton sector was integrated into the single
payment scheme, it was deemed necessary for part of the
support to continue to be linked to the cultivation of
cotton through a crop specific payment per eligible
hectare to ensure against any risk of disruption to
production in the cotton producing regions. This choice
should be maintained in accordance with the objectives
set out
in Protocol No 4 on cotton attached to the
1979 Act of Accession.

(44)

To buffer the effects of
the restructuring process in
Member States which have granted the restructuring aid
provided for in Council Regulation (EC) No 320/2006 of
20 February 2006 establishing a temporary scheme for
the sugar industry in the Com-
the restructuring of
munity (1),
the aid foreseen for sugar beet and cane
five consecutive years
producers for a maximum of
should be maintained.

(45) When the fruit and vegetables sector was integrated into
the single payment scheme, a temporary coupled area aid
for strawberries and raspberries was provided for. It is
appropriate to extend such support beyond the original
deadline while at the same time providing for the decou-
pling of this support from production. The national ceil-
ings should be adjusted to take this into account.

(46)

(47)

The transitional simplified support scheme for granting
direct payments in the new Member States based on area,
that is the single area payment scheme, has proved to be
an efficient and simple system for granting income
support to farmers in the new Member States. In the
interest of simplification, the new Member States that
opted to apply the scheme should be allowed to continue
to apply it until the end of 2013.

Further to the respective reforms of the sugar and fruit
and vegetable sectors and their integration into the single
payment scheme,
those Member States that opted to
apply the single area payment scheme should be allowed
to grant income support to growers of sugar beet, cane
and chicory and producers of certain fruit and vegetables

(1) OJ L 58, 28.2.2006, p. 42.

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in the form of separate payments. Likewise, such Member
States should be allowed to pay separate specific support
under similar conditions to those applicable to the other
Member States.

(48) As a consequence of the phasing-in of direct payments in
the new Member States, the new Member States were
allowed
direct
payments. The conditions for granting such payments
should be maintained.

complementary

national

grant

to

(49)

(50)

(51)

In the initial allocation of payment entitlements by
Member States, some errors led to particularly high
payments to farmers. This non-compliance is normally
financial correction until such time as
the subject of
taking into
corrective measures are taken. However,
account the time that has elapsed since the payment enti-
tlements were first allocated,
the necessary correction
would lead to disproportionate legal and administrative
constraints for Member States. In the interest of
legal
certainty, the allocation of such payments should there-
fore be regularised.

In accordance with Regulation (EC) No 1782/2003,
France, Portugal and Spain decided to exclude from the
single payment scheme the direct payments made in the
French overseas departments, the Azores and Madeira
and the Canary Islands respectively and to grant them
under the conditions provided for in Title IV of that
Regulation. Part of the aid provided for in that Title has
been completely integrated into the single payment
In the interest of simplification and to take
scheme.
into account the specific circumstances of the outermost
regions, such aid should be managed within the support
programmes established by Regulation (EC) No 247/2006
of 30 January 2006 laying down specific measures for
agriculture in the outermost regions of the Union (1). To
this end, the relevant funds should be transferred from
the national ceilings for direct payments to the financial
amount set out in that Regulation. In order to allow the
support
Member
programmes, such transfers should only take place in
2010. In the meantime, direct payments will apply in the
outermost
conditions provided
for in Regulation (EC) No 1782/2003. Regulation (EC)
No 247/2006 should therefore be amended accordingly.

regions under

concerned

to adapt

States

the

the

It should be specified that the provisions of this Regu-
lation which could give rise to behaviour of a Member
State possibly constitutive of State aid are, save as other-
wise provided for in this Regulation, excluded from the
application of the State aid rules given that the provisions
the
appropriate
concerned

conditions

include

for

(52)

(53)

granting of support, or envisage the adoption of such
conditions by the Commission,
to prevent
undue distortion of competition.

in order

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

In order to allow Member States as well as the farming
community to benefit from the simplification mechan-
isms introduced by this Regulation, and in particular
from the abolition of the set aside obligation, this Regu-
lation should apply from 1 January 2009. However,
those provisions that may reduce farmers' rights or create
inter alia the cross compliance obliga-
new obligations,
tions with which farmers have to comply throughout the
year, should only apply from 2010 and, in the case of
the standard on establishment of buffer strips along
water courses, by 1 January 2012. Furthermore, Member
States should be given sufficient time to implement the
provisions
direct
payments and those allowing them to review the deci-
sions taken in the context of the 2003 reform. For this
reason, the relevant provisions of this Regulation should
only apply from 2010 and the repealed Regulation (EC)
No 1782/2003 should be applied during 2009 to those
aid schemes that will only be integrated into the single
payment scheme from 2010,

decoupling

allowing

further

of

HAS ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Scope

This Regulation establishes:

(a) common rules on direct payments;

(b) an income support scheme for farmers (hereinafter referred

to as the ‘single payment scheme’);

(c) a transitional simplified income support scheme for farmers
in the new Member States as defined in Article 2(g) (herein-
after referred to as the ‘single area payment scheme’);

(d) support schemes for farmers producing rice, starch potatoes,
protein crops, nuts, seeds, cotton, sugar, fruit and vegetables,
sheepmeat and goatmeat and beef and veal;

(1) OJ L 42, 14.2.2006, p. 1.

(2) OJ L 184, 17.7.1999, p. 23.

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(e) a framework to enable the new Member States as defined in

Article 2(g) to complement direct payments.

TITLE II

GENERAL PROVISIONS ON DIRECT PAYMENTS

Article 2

Definitions

For the purposes of this Regulation, the following definitions
shall apply:

(a) ‘farmer’ means a natural or legal person, or a group of
natural or legal persons, whatever legal status is granted to
the group and its members by national law, whose holding
is
situated within Community territory, as defined in
Article 299 of the Treaty, and who exercises an agricultural
activity;

(b) ‘holding’ means all

the production units managed by a
farmer situated within the territory of the same Member
State;

(c) ‘agricultural activity’ means

the production,

rearing or
growing of agricultural products
including harvesting,
milking, breeding animals and keeping animals for farming
purposes, or maintaining the land in good agricultural and
environmental condition as established in Article 6;

(d) ‘direct payment’ means a payment granted directly to

farmers under a support scheme listed in Annex I;

(e) ‘payments in a given calendar year’ or ‘payments in the
representative period’ means the payments granted or to be
granted in respect of the year/years concerned, including all
starting in that
payments
calendar year/years;

in respect of other periods

(f) ‘agricultural products’ means the products listed in Annex I
to the Treaty, with the exception of fishery products, as well
as cotton;

(g) ‘new Member States’ means Bulgaria, the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Romania, Slovenia and Slovakia;

(h) ‘agricultural area’ means any area taken up by arable land,

permanent pasture or permanent crops.

Article 3

Financing of direct payments

The support schemes listed in Annex I to this Regulation shall
be financed in accordance with Article 3(1)(c) of Regulation
(EC) No 1290/2005.

CHAPTER 1

Cross compliance

Article 4

Main requirements

1.
A farmer receiving direct payments shall respect the statu-
tory management requirements listed in Annex II and the good
agricultural and environmental condition referred to in Article 6.

The obligations referred to in the first subparagraph shall apply
only in so far as the agricultural activity of the farmer or the
agricultural area of the holding is concerned.

2.
The competent national authority shall provide the farmer,
inter alia by the use of electronic means, with the list of statutory
management requirements and the good agricultural and envir-
onmental condition to be respected.

Article 5

Statutory management requirements

The statutory management requirements listed in Annex II
1.
shall be established by Community legislation in the following
areas:

(a) public, animal and plant health;

(b) environment;

(c) animal welfare.

2.
The acts referred to in Annex II shall apply as in force
and, in the case of Directives, as implemented by the Member
States.

Article 6

Good agricultural and environmental condition

1. Member States shall ensure that all agricultural land, espe-
cially land which is no longer used for production purposes, is
maintained in good agricultural and environmental condition.
Member States
level,
shall define, at national or
minimum requirements for good agricultural and environmental
condition on the basis of the framework established in Annex III,
taking into account
the areas
the specific characteristics of
including soil and climatic condition, existing
concerned,
farming systems, land use, crop rotation, farming practices, and
farm structures. Member States shall not define minimum
requirements which are not foreseen in that framework.

regional

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The standards listed in the third column of Annex III shall be
optional except where:

(a) a Member State had defined,

such a standard, a
minimum requirement for the good agricultural and envir-
onmental condition before 1 January 2009; and/or

for

(b) national rules addressing the standard are applied in the

Member State.

2.
The Member States other than the new Member States
shall ensure that land which was under permanent pasture at
the date provided for the area aid applications for 2003 is main-
tained under permanent pasture. The new Member States other
than Bulgaria and Romania shall ensure that land which was
under permanent pasture on 1 May 2004 is maintained under
permanent pasture. Bulgaria and Romania shall ensure that land
which was under permanent pasture on 1 January 2007 is
maintained under permanent pasture.

However a Member State may, in duly justified circumstances,
derogate from the first subparagraph, provided that it takes
action to prevent any significant decrease in its total permanent
pasture area.

The first subparagraph shall not apply to land under permanent
pasture to be afforested, if such afforestation is compatible with
the environment and with the exclusion of plantations of
Christmas trees and fast growing species cultivated in the short
term.

CHAPTER 2

Modulation and financial discipline

Article 7

Modulation

1.
Any amount of direct payments to be granted in a given
calendar year to a farmer in excess of EUR 5 000 shall be
reduced for each year until 2012 by the following percentages:

(a) in 2009 by 7 %;

(b) in 2010 by 8 %;

(c) in 2011 by 9 %;

(d) in 2012 by 10 %.

The reductions provided for

2.
increased by 4 percentage points
EUR 300 000.

in paragraph 1 shall be
for amounts exceeding

Paragraphs 1 and 2 shall not apply to direct payments
3.
granted to farmers in the French overseas departments, in the
Azores and Madeira, in the Canary Islands and in the Aegean
islands.

Article 8

Net ceilings

1. Without prejudice to Article 11 of this Regulation, the
total net amounts of direct payments which may be granted in a
Member State in respect of a calendar year after application of
Articles 7 and 10 of this Regulation and Article 1 of Regulation
(EC) No 378/2007 and with the exception of direct payments
granted under Regulations
(EC) No 247/2006 and (EC)
No 1405/2006 shall not be higher than the ceilings set out in
Annex IV to this Regulation. Where necessary, Member States
shall make a linear reduction in the amounts of direct payments
which are subject to the reduction provided for in Articles 7
and 10 of this Regulation and Article 1 of Regulation (EC)
No 378/2007 in order to comply with the ceilings set out in
that Annex.

The Commission,

2.
in accordance with the procedure
referred to in Article 141(2) of this Regulation, shall review the
ceilings set out in Annex IV to this Regulation in order to take
account of:

(a) modifications to the total maximum amounts of direct

payments that may be granted;

(b) modifications to the voluntary modulation system provided

for in Regulation (EC) No 378/2007;

(c) structural changes to the holdings;

(d) transfers to the EAFRD in accordance with Article 136 of

this Regulation.

Article 9

Amounts resulting from modulation

1.
The amounts resulting from application of the reductions
provided for in Article 7 of this Regulation in any Member State
other than the new Member States shall be available as addi-
tional Community support for measures under rural develop-
ment programming financed under the EAFRD, as specified in
Regulation (EC) No 1698/2005, in accordance with the condi-
tions set out in this Article.

The amounts corresponding to one percentage point shall
2.
be allocated to the Member States where the corresponding
amounts have been generated. The amounts corresponding to
the reduction by 4 percentage points shall be allocated amongst
the Member States concerned in accordance with the procedure
referred to in Article 141(2), on the basis of the following
criteria:

(a) agricultural area;

(b) agricultural employment;

(c) gross domestic product

(GDP) per capita in purchasing

power.

However, any Member State concerned shall receive at least 80 %
of the total amounts referred to in the first subparagraph gener-
ated in that Member State.

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3.
By way of derogation from the second subparagraph of
paragraph 2, if in a Member State the proportion of rye as part
of its total cereal production exceeded 5 % on average during
the period 2000-2002 and its proportion of the total Com-
munity production of rye exceeded 50 % during the same
period, at least 90 % of the amounts which the modulation
generated in the Member State concerned shall be reallocated to
that Member State, until 2013 included.

In such a case, without prejudice to the possibilities provided for
by Article 68, at least 10 % of the amount allocated to the
Member State concerned shall be available for the measures
this Article in rye producing
referred to in paragraph 1 of
regions.

For
the purpose of
products listed in Annex V.

this paragraph,

‘cereal’ shall mean the

4.
The remaining amount resulting from the application of
Article 7(1) and the amounts resulting from the application of
Article 7(2) shall be allocated to the Member State where the
corresponding amounts have been generated,
in accordance
with the procedure referred to in Article 141(2). They shall be
used in accordance with Article 69(5a) of Regulation (EC)
No 1698/2005.

Article 10

Special rules for modulation in the new Member States

1.
Article 7 shall apply to farmers in a new Member State in
any given calendar year only if the level of direct payments
applicable in that Member State for that calendar year pursuant
to Article 121 is at least equal to the then applicable level in the
Member States other than the new Member States, taking into
account any reductions applied under Article 7(1).

2.
If Article 7 applies to farmers in a new Member State, the
percentage applicable under Article 7(1) shall be limited to the
difference between the level of direct payments applicable to it
in the Member States other
under Article 121 and the level
than the new Member States, taking into account any reductions
applied under Article 7(1).

Any amount resulting from the application of Article 7(1)
3.
and (2) shall be allocated to the new Member State where the
corresponding amounts have been generated,
in accordance
with the procedure referred to in Article 141(2). They shall be
used in accordance with Article 69(5a) of Regulation (EC)
No 1698/2005.

Article 11

Financial discipline

1. With a view to ensuring that the amounts for the finan-
cing of the market related expenditure and direct payments of
the CAP currently under heading 2 of Annex I to the Interinsti-
the
tutional Agreement between the European Parliament,

the Representatives of

Council and the Commission on budgetary discipline and sound
financial management (1) respect the annual ceilings set out in
the Decision 2002/929/EC of
the
Governments of the Member States, meeting within the Council
of 18 November 2002, concerning the Conclusions of
the
European Council meeting in Brussels on 24 and 25 October
2002 (2), an adjustment of the direct payments shall be deter-
mined when the forecasts for the financing of the aforemen-
tioned measures under heading 2 for a given financial year,
increased by the amounts given in Articles 134 and 135 of this
Regulation and before application of modulation provided for in
Articles 7 and 10 of this Regulation and Article 1(1) of Regu-
indicate that the applicable above-
lation (EC) No 378/2007,
mentioned annual ceiling,
taking into account a margin of
EUR 300 000 000 below that ceiling, will be exceeded.

The Council, acting on a proposal from the Commission
2.
presented no later than 31 March of
the calendar year in
respect of which the adjustments referred to in paragraph 1
apply, shall determine these adjustments no later than 30 June
of the same calendar year.

3.
In the framework of the application of the schedule of
increments provided for in Article 121 to all direct payments
granted in the new Member States, paragraph 1 of this Article
shall not apply to the new Member States until the beginning of
the calendar year
in respect of which the level of direct
payments applicable in the new Member States is at least equal
to the then applicable level of such payments in the Member
States other than the new Member States.

CHAPTER 3

Farm advisory system

Article 12

Farm advisory system

1. Member States shall operate a system of advising farmers
on land and farm management (hereinafter referred to as the
‘farm advisory system’) operated by one or more designated
authorities or by private bodies.

2.
The farm advisory system shall cover at least the statutory
management requirements and the good agricultural and envir-
onmental condition referred to in Chapter 1.

Farmers may participate in the farm advisory system on a

3.
voluntary basis.

Member States may determine,
in accordance with objective
criteria, the priority categories of farmer that have access to the
farm advisory system.

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 323, 28.11.2002, p. 48.

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4.
By 31 December 2010, the Commission shall submit a
report to the Council on the application of the farm advisory
system, accompanied, if necessary, by appropriate proposals.

3. Member States may include a geographical
information
system for olive cultivation in the identification system for agri-
cultural parcels.

Article 13

Article 16

Obligations of designated authorities and private bodies

Computerised database

Without prejudice to national
legislation concerning public
access to documents, Member States shall ensure that the desig-
nated authorities and private bodies referred to in Article 12(1)
do not disclose personal or individual
information and data
they obtain in their advisory activity to persons other than the
farmer managing the holding concerned, with the exception of
any irregularity or infringement
found during their activity
which is covered by an obligation laid down in Community or
national law to inform a public authority, in particular in the
case of criminal offences.

CHAPTER 4

Integrated administration and control system

Article 14

Scope

Each Member State shall set up and operate an integrated
administration and control system (hereinafter referred to as the
‘integrated system’).

The integrated system shall apply to the support schemes listed
in Annex I.

To the extent necessary, it shall also apply to the administration
and control of the rules laid down in Chapters 1 and 2 of this
Title.

Article 15

Elements of the integrated system

1.
The
elements:

integrated system shall

comprise

the

following

(a) a computerised database;

(b) an identification system for agricultural parcels;

(c) a system for the identification and registration of payment

entitlements;

(d) aid applications;

(e) an integrated control system;

The computerised database shall record,

1.
cultural holding, the data obtained from aid applications.

for each agri-

This database shall in particular allow consultation through the
competent authority of the Member State, of the data relating to
the calendar and/or marketing years, starting from 2000. It shall
also allow direct and immediate consultation of the data relating
to the four previous years.

2. Member States may set up decentralised databases on
condition that
these, and the administrative procedures for
recording and accessing data, are designed homogeneously
throughout the territory of the Member State and are compa-
tible with one another in order to allow for cross-checks.

Article 17

Identification system for agricultural parcels

The identification system for agricultural parcels shall be estab-
lished on the basis of maps or land registry documents or other
cartographic references. Use shall be made of computerised
geographical
including prefer-
ably aerial or spatial orthoimagery, with a homogenous standard
guaranteeing accuracy at least equivalent to cartography at a
scale of 1:10 000.

information system techniques,

Article 18

System for the identification and registration of payment
entitlements

the

A system for

1.
identification and registration of
payment entitlements shall be set up allowing for verification of
the entitlements and for cross-checks with the aid applications
and the identification system for agricultural parcels.

2.
The system referred to in paragraph 1 shall allow direct
and immediate consultation, through the competent authority
of the Member State, of the data relating to at least the previous
four consecutive calendar years.

Article 19

Aid applications

(f) a single system to record the identity of each farmer who

submits an aid application.

2. Where Articles 52 and 53 of this Regulation apply, the
integrated system shall incorporate a system for the identifica-
tion and registration of animals set up in accordance with Regu-
lations (EC) No 1760/2000 and (EC) No 21/2004.

Each year, a farmer shall submit an application for direct

1.
payments indicating, where applicable:

(a) all the agricultural parcels on the holding, and where the
Member State is applying Article 15(3), the number of olive
trees and their positioning in the parcel;

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(b) the payment entitlements declared for activation;

(c) any other information provided for by this Regulation or by

the Member State concerned.

2. Member States shall provide, inter alia by the use of elec-
tronic means, pre-established forms based on the areas deter-
mined in the previous year as well as graphic material indicating
the location of those areas and, where appropriate, the posi-
tioning of olive trees. A Member State may decide that the aid
application needs to contain only changes with respect to the
aid application submitted the previous year.

3.
A Member State may decide that a single aid application
shall cover several or all support schemes listed in Annex I or
other support schemes.

Article 20

Verification of eligibility conditions

1. Member States shall carry out administrative controls on
the aid applications to verify the eligibility conditions for the
aid.

Administrative controls shall be supplemented by a system
2.
of on-the-spot checks to verify eligibility for the aid. For this
purpose, Member States shall draw up a sampling plan of agri-
cultural holdings.

Member States may use remote sensing and Global Navigation
Satellite System (GNSS) techniques as a means of carrying out
on-the-spot checks on agricultural parcels.

3.
Each Member State shall designate an authority respon-
sible for coordinating the controls and checks provided for in
this Chapter.

Where a Member State provides for the delegation of some
aspects of the work to be carried out under this Chapter to
specialised agencies or firms,
the designated authority shall
retain control over, and responsibility for, that work.

Article 21

The percentage of reduction shall be graduated according
2.
to the severity, extent, permanence and repetition of
the
non-compliance found and may go as far as total exclusion
from one or several aid schemes for one or more calendar years.

Article 22

Controls on cross compliance

1. Member States shall carry out on-the-spot checks to verify
whether a farmer complies with the obligations referred to in
Chapter 1.

2. Member States may make use of their existing administra-
tion and control systems to ensure compliance with the statu-
tory management requirements and good agricultural and envir-
onmental condition.

These systems, and notably the system for the identification and
registration of animals set up in accordance with Council Direc-
tive 2008/71/EC of 15 July 2008 on the identification and
registration of pigs (1) and Regulations (EC) No 1760/2000 and
(EC) No 21/2004, shall be compatible with the integrated
system, as provided for in Article 26(1) of this Regulation.

Article 23

Reduction of or exclusion from payments in the event of
non-compliance with cross compliance rules

1. Where the statutory management requirements or good
agricultural and environmental condition are not complied with
at any time in a given calendar year (hereinafter referred to as
‘the calendar year concerned’), and the non-compliance in ques-
tion is the result of an act or omission directly attributable to
the farmer who submitted the aid application in the calendar
year concerned, the total amount of direct payments granted or
to be granted, following application of Articles 7, 10 and 11 to
that farmer, shall be reduced or excluded in accordance with the
detailed rules laid down in Article 24.

The first subparagraph shall also apply where the non-compli-
ance in question is the result of an act or omission directly attri-
butable to the person to whom or from whom the agricultural
land was transferred.

Reductions and exclusions in the event of non-compliance
with eligibility rules

For the purpose of this paragraph, ‘transfer’ shall mean any type
of transaction whereby the agricultural land ceases to be at the
disposal of the transferor.

1. Without prejudice to any reduction or exclusion provided
for in Article 23, where it is found that a farmer does not
comply with the eligibility conditions relating to the granting of
the aid as provided for in this Regulation, the payment or part
of the payment granted or to be granted for which the condi-
tions of eligibility have been met shall be subject to the reduc-
tions and exclusions to be laid down in accordance with the
procedure referred to in Article 141(2).

from
By way of derogation from the second subparagraph,
2010, where the person to whom the act or omission is directly
attributable has submitted an aid application in the calendar
year concerned, the reduction or exclusion shall be applied to
the total amounts of direct payments granted or to be granted
to that person.

(1) OJ L 213, 8.8.2008, p. 31.

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Notwithstanding paragraph 1 and in accordance with the
2.
conditions
laid down in the detailed rules referred to in
Article 24(1) of this Regulation, Member States may decide not
to apply a reduction or exclusion amounting to EUR 100 or
less per farmer and per calendar year.

shall be credited to the EAGF. Member States may retain 25 %
of those amounts.

Where a Member State decides to make use of
the option
provided for in the first subparagraph, in the following year the
competent authority shall take the actions required to ensure
that
the findings of non-compliance
concerned. The finding and the obligation to take remedial
action shall be notified to the farmer.

the farmer

remedies

Article 24

Article 26

Compatibility of support schemes with the integrated
system

For the purpose of applying the support schemes listed in
1.
Annex VI, Member States shall ensure that the administration
and control procedures applied to these schemes are compatible
with the integrated system in the following respects:

(a) the computerised database;

Detailed rules on reductions and exclusions in the event of
non-compliance with cross compliance rules

(b) the identification systems for agricultural parcels;

Detailed rules for the reductions and exclusions referred to
1.
in Article 23 shall be laid down in accordance with the proce-
dure referred to in Article 141(2). In this context, account shall
be taken of the severity, extent, permanence and repetition of
the non-compliance found as well as of the criteria set out in
paragraphs 2, 3 and 4 of this Article.

(c) the administrative controls.

To this end, the database, the systems and the controls referred
to in points (a), (b) and (c) of the first subparagraph respectively
shall be set up so as to allow, without any problems or conflicts,
a common functioning or the exchange of data between them.

2.
In the case of negligence, the percentage of reduction shall
not exceed 5 % and, in the case of repeated non-compliance,
15 %.

2. Member States may, for the purposes of applying Com-
munity or national support schemes other than those listed in
incorporate into their administration and control
Annex VI,
procedures one or more components of the integrated system.

In duly justified cases Member States may decide that no reduc-
tion shall be applied where, given its severity, extent and perma-
nence, a case of non-compliance is to be considered as minor.
However, cases of non-compliance which constitute a direct risk
to public or animal health shall not be considered as minor.

Unless the farmer has taken immediate remedial action putting
an end to the non-compliance found, the competent authority
shall take the actions required that may, where appropriate, be
limited to an administrative control to ensure that the farmer
remedies the finding of non-compliance concerned. The finding
of minor non-compliance and the obligation to take remedial
action shall be notified to the farmer.

3.
In the case of intentional non-compliance, the percentage
of reduction shall not in principle be less than 20 % and may
go as far as total exclusion from one or several aid schemes and
apply for one or more calendar years.

In any case, the total amount of reductions and exclusions
4.
for one calendar year shall not be more than the total amount
referred to in Article 23(1).

Article 25

Amounts resulting from cross compliance

The amounts resulting from the application of the reductions
and exclusions in the event of non-compliance with Chapter 1

Article 27

Information and control

The Commission shall be kept regularly informed of the

1.
application of the integrated system.

It shall organise exchanges of views on this subject with the
Member States.

In accordance with Article 37 of Regulation (EC)
2.
No 1290/2005, after
informing the competent authorities
concerned in good time, authorised representatives appointed
by the Commission may carry out:

(a) any examination or control relating to the measures taken
in order to establish and implement the integrated system;

(b) controls at the specialised agencies and firms referred to in

Article 20(3).

3. Without prejudice to the responsibilities of the Member
States for the implementation and application of the integrated
system, the Commission may seek the assistance of specialised
bodies or persons in order to facilitate the establishment, moni-
toring and utilisation of the integrated system, in particular with
a view to providing the competent authorities of the Member
States with technical advice, should they request it.

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CHAPTER 5

Other general provisions

Article 28

Minimum requirements for receiving direct payments

From 2010, Member States

1.
payments to a farmer in one of the following cases:

shall not grant direct

(a) where the total amount of direct payments claimed or due
to be granted before the reductions and exclusions provided
for in Articles 21 and 23 in a given calendar year is less
than EUR 100; or

(b) where the eligible area of

the holding for which direct
payments are claimed or due to be granted before the reduc-
tions and exclusions provided for in Article 21 is less than
one hectare.

In order to take account of the structure of their agricultural
economies, Member States may adjust the thresholds referred to
in points (a) and (b) of the first subparagraph of this paragraph
within the limits set out in Annex VII.

Farmers holding special entitlements referred to in Article 44(1)
shall be subject to the condition referred to in point (a) of the
first subparagraph of this paragraph.

The Member States concerned may decide not to apply this
paragraph in the French overseas departments,
in the Azores
and Madeira, in the Canary Islands and in the Aegean islands.

Where the amount paid is reduced as a consequence of a
progressive introduction of direct payments as foreseen in
Article 121 of this Regulation, in point K of Annex VII to Regu-
lation (EC) No 1782/2003 or in point C of Annex IX to this
Regulation, the amount claimed or due to be granted shall be
calculated on the basis of the final amount of support to be
received by the farmer.

2.
From 2010, Member States may establish appropriate
objective and non-discriminatory criteria to ensure that no
direct payments are granted to a natural or legal person:

(a) whose agricultural activities form only an insignificant part

of its overall economic activities; or

(b) whose principal business or company objects do not consist

of exercising an agricultural activity.

Payment entitlements not giving right to payments during
3.
two consecutive years due to the application of paragraphs 1
and 2 shall revert to the national reserve.

Article 29

Payment

Save as otherwise provided for

1.
in this Regulation,
payments under support schemes listed in Annex I shall be
made in full to the beneficiaries.

2.
Payments shall be made in up to two instalments per year
within the period from 1 December to 30 June of the following
calendar year.

3.
Payments under support schemes listed in Annex I shall
not be made before the verification of eligibility conditions, to
be carried out by the Member State pursuant to Article 20, has
been finalised.

4.
By way of derogation from paragraph 2 of this Article and
in accordance with the procedure referred to in Article 141(2),
the Commission may:

(a) provide for advances;

(b) authorise the Member States, subject to the budgetary situa-
tion, to pay prior to 1 December advances in regions where,
due to exceptional conditions, farmers face severe financial
difficulties:

(i) of up to 50 % of the payments;

or

(ii) of up to 80 % of the payments where advances have

already been provided for.

Article 30

Circumvention clause

Without prejudice to any specific provisions in individual
support schemes, no payment shall be made to beneficiaries for
whom it is established that they artificially created the condi-
tions required for obtaining such payments with a view to
that
obtaining an advantage contrary to the objectives of
support scheme.

Article 31

Force majeure and exceptional circumstances

For the purposes of this Regulation, force majeure or exceptional
circumstances shall be recognised by the competent authority in
cases such as:

(a) the death of the farmer;

(b) long-term professional incapacity of the farmer;

(c) a severe natural disaster gravely affecting the holding's agri-

cultural land;

(d) the accidental destruction of

livestock buildings on the

holding;

(e) an epizootic affecting part or all of the farmer's livestock.

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Article 32

Review

Support schemes listed in Annex I shall apply without prejudice
to a possible review at any time in the light of economic devel-
opments and the budgetary situation.

TITLE III

SINGLE PAYMENT SCHEME

CHAPTER 1

General implementation

Article 33

Payment entitlements

Support under the single payment scheme shall be avail-

1.
able to farmers if they:

(a) hold payment entitlements which they have obtained in

accordance with Regulation (EC) No 1782/2003;

(b) obtain payment entitlements under this Regulation:

(i) by transfer;

(ii) from the national reserve;

(iii) pursuant to Annex IX;

(iv) pursuant

to Article 47(2), Article 59,
third
subparagraph of Article 64(2), Article 65 and
Article 68(4)(c).

the

as well for non-agricultural activities, predominantly used
for agricultural activities; and

(b) any area which gave a right to payments under the single
payment scheme or the single area payment scheme in 2008
and which:

(i) no longer complies with the definition of ‘eligible’ as a
result of
the implementation of Council Directive
79/409/EEC of 2 April 1979 on the conservation of
wild birds (1), Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of
wild fauna and flora (2) and Directive 2000/60/EC of
the European Parliament and of
the Council of
23 October 2000 establishing a framework for Com-
munity action in the field of water policy (3); or

(ii) for the duration of the relevant commitment of the
individual farmer, is afforested pursuant to Article 31 of
Council Regulation (EC) No 1257/1999 of 17 May
1999 on support
from the
European Agricultural Guidance and Guarantee Fund
(EAGGF) (4) or
to Article 43 of Regulation (EC)
No 1698/2005 or under a national scheme the condi-
tions of which comply with Article 43(1), (2) and (3) of
that Regulation; or

rural development

for

(iii) for the duration of the relevant commitment of the
individual farmer, is set aside pursuant to Articles 22,
23 and 24 of Regulation (EC) No 1257/1999 or to
Article 39 of Regulation (EC) No 1698/2005.

The Commission, in accordance with the procedure referred to
in Article 141(2), shall lay down detailed rules on the use of
eligible hectares for non-agricultural activities.

For

2.
the purpose of Article 47(2), Article 57(6),
Article 64(2) and Article 65, a farmer is considered to be
holding payment entitlements where payment entitlements have
been allocated or definitively transferred to him.

Except in the case of force majeure or exceptional circumstances,
hectares shall comply with the eligibility condition throughout
the calendar year.

3.
Set-aside entitlements established in accordance with
Article 53(2), Article 63(2) and Article 71j of Regulation (EC)
No 1782/2003 shall not be subject
to previous set aside
obligations.

Article 35

Article 34

Declaration of eligible hectares

Activation of payment entitlements per eligible hectare

1.
Support under the single payment scheme shall be granted
to farmers upon activation of a payment entitlement per eligible
hectare. Activated payment entitlements shall give a right to the
payment of the amounts fixed therein.

2.

For the purposes of this Title, ‘eligible hectare’ shall mean:

1.
The farmer shall declare the parcels corresponding to the
eligible hectares accompanying any payment entitlement. Except
in the case of force majeure or exceptional circumstances, these
parcels shall be at the farmer's disposal on a date fixed by the
Member State which shall be no later than the date fixed in that
Member State for amending the aid application.

(a) any agricultural area of the holding, and any area planted
with short rotation coppice (CN code ex 0602 90 41) that
is used for an agricultural activity or, where the area is used

(1) OJ L 103, 25.4.1979, p. 1.
(2) OJ L 206, 22.7.1992, p. 7.
(3) OJ L 327, 22.12.2000, p. 1.
(4) OJ L 160, 26.6.1999, p. 80.

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2. Member States may,
in duly justified circumstances,
authorise the farmer to modify his declaration on condition that
he adheres to the number of hectares corresponding to his
payment entitlements and the conditions for granting the single
payment for the area concerned.

not exceeding 0,2 %. Member States shall establish a system for
verifying the tetrahydrocannabinol content of the crops grown
on at
if a
Member State introduces a system of prior approval for such
cultivation, the minimum shall be 20 %.

the areas under hemp. However,

least 30 % of

Article 36

Modification of payment entitlements

In accordance with the procedure

2.
referred to in
Article 141(2), the granting of payments shall be made subject
to the use of certified seeds of certain varieties.

The payment entitlements per hectare shall not be modified,
save as otherwise provided for in this Regulation.

The Commission, in accordance with the procedure referred to
in Article 141(2), shall lay down detailed rules for the modifica-
tion, from 2010, of payment entitlements, in particular in the
case of fractions of entitlements.

Article 37

Multiple claims

The area corresponding to the number of eligible hectares in
respect of which an application for a single payment has been
submitted may be the subject of an application for any other
direct payment as well as for any other aid not covered by this
Regulation, save as otherwise provided for in this Regulation.

Article 38

Use of land in the event of the deferred integration of the
fruit and vegetables sector

Where a Member State has decided to make use of the option
provided for in the second subparagraph of Article 51 of Regu-
lation (EC) No 1782/2003 (hereinafter referred to as ‘deferred
integration’), the parcels in the regions concerned by the deci-
sion, up to a date no later than 31 December 2010, shall not be
eligible if used for:

(a) the production of fruit and vegetables;

(b) the production of ware potatoes; or

(c) nurseries.

In the event of deferred integration, Member States may decide
to allow secondary crops to be cultivated on the eligible hectares
during a maximum period of three months starting each year
on 15 August. However, at the request of a Member State, this
date may be modified in accordance with the procedure referred
to in Article 141(2) for regions where cereals are normally
harvested earlier for climatic reasons.

Article 39

Use of land for the production of hemp

Article 40

National ceilings

For each Member State and each year, the total value of all
1.
allocated payment entitlements and of
the ceilings fixed in
accordance with Articles 51(2) and 69(3) of this Regulation, or,
for 2009, in accordance with Article 64(2) of Regulation (EC)
No 1782/2003 shall not be higher than the respective national
ceiling determined in Annex VIII to this Regulation.

Where payment entitlements are allocated to wine growers, the
Commission shall, taking account of the latest data made avail-
able to it by the Member States in accordance with Articles 9
and 102(6) of Council Regulation (EC) No 479/2008 of
29 April 2008 on the common organisation of the market in
wine (1) and in accordance with the procedure referred to in
Article 141(2) of this Regulation, adapt the national ceilings
determined in Annex VIII to this Regulation. By 1 December of
the national ceilings,
the year preceding the adaptation of
Member States shall communicate to the Commission the
regional average of the value of the entitlements referred to in
point B of Annex IX to this Regulation.

2. Where necessary, a Member State shall make a linear
reduction in the value of the payment entitlements in order to
ensure compliance with the ceiling determined in Annex VIII.

Article 41

National reserve

Each Member State shall operate a national reserve that

1.
incorporates the difference between:

(a) the national ceilings determined in Annex VIII to this Regu-

lation; and

fixed in accordance with Article 51(2)

(b) the total value of all allocated payment entitlements and the
ceilings
and
Article 69(3) of this Regulation, or, for 2009, the ceilings
fixed in accordance with Article 64(2) of Regulation (EC)
No 1782/2003.

1.
Areas used for the production of hemp shall only be
eligible if the varieties used have a tetrahydrocannabinol content

(1) OJ L 148, 6.6.2008, p. 1.

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2. Member States may use the national reserve to allocate, as
a matter of priority, in accordance with objective criteria and in
such a way as to ensure equal treatment between farmers and to
avoid market and competition distortions, payment entitlements
to farmers who commence their agricultural activity.

3. Member States not applying Article 68(1)(c) may use the
national reserve for the purpose of establishing, in accordance
with objective criteria and in such a way as to ensure equal
treatment between farmers and to avoid market and competi-
tion distortions, payment entitlements for farmers in areas
to restructuring and/or development programmes
subject
relating to one or other form of public intervention in order to
ensure against land being abandoned and/or to compensate
farmers for specific disadvantages in those areas.

4. Member States shall use the national reserve for
the
purpose of allocating, in accordance with objective criteria and
in such a way as to ensure equal treatment between farmers and
to avoid market and competition distortions, payment entitle-
ments to farmers placed in a special situation, to be defined by
the Commission in accordance with the procedure referred to in
Article 141(2).

5. When applying this Article, Member States may increase
the unit value and/or the number of payment entitlements allo-
cated to farmers.

Article 42

Unused payment entitlements

Any payment entitlement which has not been activated in
accordance with Article 34 for a period of two years shall be
added to the national reserve, except in the case of force majeure
or exceptional circumstances. However, for 2009, payment enti-
tlements not activated for the two-year period 2007-2008 shall
not be added to the national reserve if they were activated in
2006 and, for 2010, payment entitlements not activated for the
two-year period 2008-2009 shall not be added to the national
reserve if they were activated in 2007.

A Member State may decide that payment entitlements may be
transferred or used only within one and the same region.

2.
Payment entitlements may be transferred by sale or any
other definitive transfer with or without land. In contrast, lease
or similar types of transactions shall be allowed only if the
transferred are accompanied by the
payment entitlements
transfer of an equivalent number of eligible hectares.

3. Where payment entitlements are sold, with or without
land, Member States may, acting in compliance with the general
principles of Community law, decide that part of the payment
entitlements sold revert to the national reserve or that their unit
value is reduced in favour of the national reserve, in accordance
with criteria to be defined by the Commission in accordance
with the procedure referred to in Article 141(2).

Article 44

Conditions for special entitlements

Save as otherwise provided for

1.
in this Regulation,
payment entitlements established under Section 2 of Chapter 3
of Title III and Article 71m of Regulation (EC) No 1782/2003,
as well as Article 60 and the fourth subparagraph of Article 65
of
this Regulation (hereinafter referred to as ‘special entitle-
ments’) shall be subject to the conditions laid down in para-
graphs 2 and 3 of this Article.

2.
By way of derogation from Article 34(1), a farmer who
has special entitlements shall be authorised by the Member State
to derogate from the requirement to activate his payment enti-
tlements by an equivalent number of eligible hectares, provided
that he maintains at least:

(a) 50 % of the agricultural activity carried out in the reference
period referred to in Regulation (EC) No 1782/2003,
expressed in livestock units (LU); or,

(b) in the case of

special entitlements established under
Article 60, 50 % of the agricultural activity carried out
before
scheme,
the
expressed in LU; or,

transition to the

single payment

Article 43

Transfer of payment entitlements

(c) in the case of Article 65, 50 % of the agricultural activity
carried out during the application of Articles 67 and 68 of
Regulation (EC) No 1782/2003, expressed in LU.

1.
Payment entitlements may be transferred only to a farmer
established within the same Member State except in the case of
transfer by actual or anticipated inheritance.

However, where a farmer has been allocated special entitlements
both under Regulation (EC) No 1782/2003 and under this
Regulation, he shall maintain at least 50 % of the highest of the
levels of activity referred to in the first subparagraph.

However, even in the case of actual or anticipated inheritance,
payment entitlements may be used only in the Member State
where the payment entitlements were established.

The condition referred to in the first subparagraph shall not
apply to Malta.

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3.
In the case of a transfer of the special entitlements in
2009, 2010 and 2011, the transferee may benefit from the
derogation provided for in paragraph 2 only if all of the special
entitlements are transferred. From 2012, the transferee shall
benefit from the derogation only in the case of actual or antici-
pated inheritance.

The first subparagraph shall not apply to Malta.

No 1782/2003, a Member State may decide to apply the single
payment scheme in or after 2010 at regional level under the
conditions laid down in this Section.

Where that decision applies from 2010,
it shall be taken by
1 August 2009. In any other case it shall be taken by 1 August
2010.

Article 45

Revision of payment entitlements

2. Member States shall define the regions in accordance with
objective and non-discriminatory criteria such as their institu-
tional or administrative structure and the regional agricultural
potential.

1.
In duly justified cases, the Member States having intro-
duced the single payment scheme in accordance with Chapters 1
to 4 of Title III of Regulation (EC) No 1782/2003 may decide,
acting in compliance with the general principles of Community
law, to move in or after 2010 towards approximating the value
of payment entitlements.

Where that decision applies from 2010,
it shall be taken by
1 August 2009. In any other case it shall be taken by 1 August
2010.

2.
For the purpose of applying the first subparagraph of
paragraph 1, the payment entitlements may be made subject to
annual progressive modifications in accordance with objective
and non-discriminatory criteria. If the modification results in a
reduction in the value of the payment entitlements, it shall be
made in at least three pre-established annual steps.

In none of the annual steps referred to in the first subparagraph
shall the reduction in the value of any payment entitlement be
more than 50 % of the difference between its initial and final
value. Where the reduction in the value is less than 10 % of the
initial value, Member States may apply fewer than three steps.

3. Member States may decide to apply this Article:

(a) at the appropriate geographical level which shall be deter-
mined according to objective
and non-discriminatory
criteria such as their institutional or administrative structure
and the agricultural potential; or

(b) where Article 46(4)

is applied,

in the region defined in

accordance with Article 46(2).

Member States may consider their whole territory as one single
region.

3. Member States shall divide the national ceilings referred to
in Article 40 between the regions in accordance with objective
and non-discriminatory criteria. Member States may decide that
these regional ceilings shall be subject to annual progressive
modifications in accordance with no more than three pre-estab-
lished annual steps and objective and non-discriminatory criteria
such as the agricultural potential or environmental criteria.

4. Where a Member State applying paragraphs 1, 2 and 3 of
it shall, to the
this Article decides not to apply Article 47,
extent necessary to respect
the applicable regional ceilings,
adjust the value of the payment entitlements in each of its
regions. To this end, the payment entitlements shall be subject
to linear reductions or increases in their value. The total reduc-
tion in the value of the payment entitlements under this para-
graph shall be limited to 10 % of their initial value.

If a Member State decides to apply both Article 45 and
5.
this Article, the reductions in the value of the payment entitle-
ments referred to in paragraph 4 of this Article shall be taken
into account for the calculation of the limits set in the second
subparagraph of Article 45(2).

CHAPTER 2

Article 47

Regional and partial implementation

Regionalisation of the single payment scheme

Section 1

Regional implementation

Article 46

1.
In duly justified cases, Member States may decide to divide
no more than 50 % of the regional ceiling established under
Article 46 between all the farmers whose holdings are located
including those who do not hold
in the region concerned,
payment entitlements.

Regional allocation of the national ceilings referred to in
Article 40

1.
Having introduced the single payment scheme in accord-
ance with Chapters 1 to 4 of Title III of Regulation (EC)

Farmers shall receive payment entitlements the unit value
2.
of which shall be calculated by dividing the corresponding part
of
the regional ceiling established under Article 46 by the
number of eligible hectares established at regional level.

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The value of these payment entitlements shall be increased in
cases where, prior to the application of this Article, a farmer
holds payment entitlements. To this end, the regional unit value
of each of the farmer's payment entitlements shall be increased
by an amount calculated on the basis of the total value of the
payment entitlements which the farmer held by a date to be
fixed by the Member State concerned. These increases shall be
calculated within the limits of the remaining part of the regional
ceiling after application of paragraph 1 of this Article.

3.
The number of payment entitlements per farmer shall be
equal to the number of hectares the farmer declares in the year
of application of the single payment scheme at regional level, as
referred to in Article 46(1), in accordance with Article 34(2),
except in the case of force majeure or exceptional circumstances.

4.
Payment entitlements held by farmers before the division
referred to in paragraphs 1 and 2 shall be cancelled and replaced
by the new entitlements referred to in paragraph 3.

Article 48

Revision of payment entitlements

In duly justified cases,

the Member States applying
1.
Article 47 may decide, acting in compliance with the general
principles of Community law, to move, in the year following the
application of the single payment scheme at regional level as
referred to in Article 46(1), towards approximating the value of
the payment entitlements established under this Section.

Where that decision applies from 2010,
it shall be taken by
1 August 2009. In any other case it shall be taken by 1 August
2010.

For the purpose of applying the first subparagraph, the payment
entitlements may be made subject to annual progressive modifi-
cations in accordance with objective and non-discriminatory
criteria. If the modification results in a reduction in the value of
the payment entitlements,
two
pre-established annual steps.

it shall be made in at

least

in accordance with objective and non-discriminatory criteria. If
the
the modification results in a reduction in the value of
payment entitlements,
three
pre-established annual steps.

shall be made in at

least

it

The first subparagraph shall apply without prejudice to the deci-
sions taken by Member States pursuant to Article 63(3) of Regu-
lation (EC) No 1782/2003. The Member States concerned may
derogate from the minimum number of steps provided for in
the first subparagraph and the limits established in paragraph 3
of this Article.

3.
In none of the annual steps referred to in paragraphs 1
and 2 shall the reduction in the value of any payment entitle-
ment be more than 50 % of the difference between its initial
and final value. Where the reduction in the value is less than
10 % of the initial value, Member States may apply fewer than
three steps.

4. Member States may decide to apply paragraphs 1, 2 and 3
at the appropriate geographical level which shall be determined
in accordance with objective and non-discriminatory criteria
such as their institutional or administrative structure and the
agricultural potential.

Article 49

Grassland

When applying Article 47, Member States may, in accordance
with objective
and non-discriminatory criteria, determine,
within the regional ceiling established under Article 46 or part
of it, different per unit values of the payment entitlements to be
allocated to the farmers referred to in Article 47(1):

(a) for hectares under grassland on the date set for the area aid
applications for 2008 and for any other eligible hectare; or

(b) for hectares under permanent pasture on the date set for the
area aid applications for 2008 and for any other eligible
hectare.

2.
In duly justified cases, the Member States having intro-
duced the single payment scheme in accordance with Section 1
of Chapter 5 or Chapter 6 of Title III of Regulation (EC)
No 1782/2003 may decide, acting in compliance with the
general principles of Community law, to move, in or after 2010,
towards approximating the value of the payment entitlements.

Where that decision applies from 2010,
it shall be taken by
1 August 2009. In any other case it shall be taken by 1 August
2010.

Article 50

Conditions for the payment entitlements established under
this Section

Payment entitlements established in accordance with this
1.
Section or with Section 1 of Chapter 5 or Chapter 6 of Title III
of Regulation (EC) No 1782/2003 may only be transferred or
used within the same region or between regions where the
value of the payment entitlements per hectare is the same.

For the purpose of applying the first subparagraph, the payment
entitlements shall be subject to annual progressive modifications

Save as otherwise provided for in this Section, the other

2.
provisions of this Title shall apply.

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Section 2

dure referred to in Article 141(2), a ceiling for each of the direct
payments referred to in Articles 52, 53 and 54.

Par tial implement ation

Article 51

General provisions

The Member States having granted payments in the sheep-
1.
meat and goatmeat sector or the beef and veal payments in
accordance with Section 2 of Chapter 5 of Title III of Regulation
(EC) No 1782/2003 may decide, by 1 August 2009, to continue
to grant these payments under the conditions laid down in this
Section. They may also decide to set the part of the component
of their national ceilings to be used to grant these payments at a
lower level than that decided in accordance with Article 64(2)
of Regulation (EC) No 1782/2003. Where a Member State does
not take that decision, the payments shall be integrated into the
from 2010 in accordance with
single payment
Article 66 of this Regulation.

scheme

In the case of
the beef and veal payments referred to in
Article 53(2) of this Regulation, Member States may also decide,
by 1 August 2010, not to grant these payments but to integrate
them into the single payment scheme from 2011 in accordance
with Article 66 of this Regulation.

Where a Member State excluded all or part of the fruit and
vegetable payments from the single payment scheme pursuant
to Article 68b of Regulation (EC) No 1782/2003, it may:

(a) from 2010, grant the fruit and vegetable payments under the
conditions laid down in this Section and in accordance with
the decision taken on the basis of Article 68b(1) and (2)
or 143bc(1) and (2) of Regulation (EC) No 1782/2003; or

(b) decide, by 1 August 2009, to integrate the fruit and vege-
table payments excluded from the single payment scheme
pursuant to Article 68b of Regulation (EC) No 1782/2003
in accordance with
into the single payment
Article 66 of this Regulation; or

scheme,

(c) decide, by 1 August 2009 to grant the transitional fruit and
vegetable payment under the conditions laid down in this
Section and at a lower level than that decided in accordance
with Article 68b of Regulation (EC) No 1782/2003.

The new Member States having applied the single area payment
scheme may decide, when introducing the single payment
scheme, to grant the payments referred to in the first sub-
paragraph under the conditions laid down in this Section. In the
case of the transitional fruit and vegetables payment, the new
Member States not having applied Article 143bc of Regulation
(EC) No 1782/2003 shall not apply Article 54 of this Regu-
in the case of the transitional fruit and
lation. Furthermore,
vegetable payment,
take into
the new Member States shall
account, where relevant, Article 128(3) of this Regulation.

2.
On the basis of the choice made by each Member State,
the Commission shall determine, in accordance with the proce-

This ceiling shall be equal to the component of each type of
direct payment in the national ceilings referred to in Article 40,
multiplied by the percentages of reduction applied by Member
States in accordance with Articles 52, 53 and 54.

Article 52

Sheepmeat and goatmeat payments

Member States may retain up to 50 % of the component of the
national ceilings referred to in Article 40 of this Regulation
corresponding to payments in the sheepmeat and goatmeat
sector listed in Annex VI to Regulation (EC) No 1782/2003. In
this case they shall make, on a yearly basis, an additional
payment to farmers.

The additional payment shall be granted to farmers rearing
sheep and goats, under the conditions provided for in Section 10
of Chapter 1 of Title IV of this Regulation and within the ceiling
determined in accordance with Article 51(2) of this Regulation.

Article 53

Beef and veal payments

1.
The Member States having applied Article 68(2)(a)(i) of
Regulation (EC) No 1782/2003 and the new Member States
having applied the single area payment scheme may retain all or
part of the component of the national ceilings referred to in
Article 40 of this Regulation corresponding to the suckler cow
premium referred to in Annex VI
to Regulation (EC)
No 1782/2003. In these cases they shall make, on a yearly
basis, an additional payment to farmers.

The additional payment shall be granted for maintaining suckler
cows, under the conditions provided for in Section 11 of
Chapter 1 of Title IV of this Regulation and within the ceiling
determined in accordance with Article 51(2) of this Regulation.

2.
In 2010 and 2011, the Member States having applied
Article 68(1), Article 68(2)(a)(ii) or Article 68(2)(b) of Regu-
lation (EC) No 1782/2003 and the new Member States having
applied the single area payment scheme may retain all or part of
the national ceilings referred to in Article 40 of this Regulation
the
corresponding to the slaughtering premium for calves,
slaughtering premium for bovine animals other than calves or
the special male premium. In these cases, they shall make an
additional payment to farmers. The additional payments shall be
granted for the slaughtering of calves, for the slaughtering of
bovine animals other than calves and for holding male bovine
animals, under the conditions provided for in Section 11 of
Chapter 1 of Title IV of this Regulation and within the ceiling
determined in accordance with Article 51(2) of this Regulation.

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Article 54

(d) pears;

Transitional fruit and vegetables payments

(e) peaches and nectarines; and

(f) ‘d'Ente’ plums.

1. Member States may retain, until 31 December 2011, up to
50 % of the component of the national ceilings referred to in
Article 40 corresponding to support
for the production of
tomatoes.

The components of the national ceilings referred to in

3.
paragraphs 1 and 2 are those set out in Annex X.

In this case and within the ceiling determined in accordance
with Article 51(2), the Member State concerned shall make, on
a yearly basis, an additional payment to farmers.

CHAPTER 3

Implementation in the new Member States having applied the
single area payment scheme

The additional payment shall be granted to farmers producing
tomatoes, under the conditions provided for in Section 8 of
Chapter 1 of Title IV.

Article 55

2. Member States may retain:

Introduction of the single payment scheme in the Member
States having applied the single area payment scheme

(a) until 31 December 2010, up to 100 % of the component of
the national ceilings referred to in Article 40 of this Regu-
lation corresponding to support for the production of fruit
and vegetable crops other than annual crops listed in the
third subparagraph of this paragraph which are supplied for
processing and were eligible under the aid schemes set out
in Regulations (EC) No 2201/96 and (EC) No 2202/96; and

(b) from 1 January 2011 until 31 December 2012, up to 75 %
of the component of the national ceilings referred to in
Article 40 of this Regulation corresponding to support for
the production of
fruit and vegetable crops other than
annual crops listed in the third subparagraph of this para-
graph which are supplied for processing and were eligible
under the aid schemes set out in Council Regulation (EC)
No 2201/96 of 28 October 1996 on the common organi-
zation of
the markets in processed fruit and vegetable
products (1) and Council Regulation (EC) No 2202/96 of
28 October 1996 introducing a Community aid scheme for
producers of certain citrus fruits (2).

In this case and within the ceiling determined in accordance
with Article 51(2) of
the Member State
concerned shall make, on a yearly basis, an additional payment
to farmers.

this Regulation,

The additional payment shall be granted to farmers producing
one or more of the following fruit and vegetables, as determined
by the Member State concerned, under the conditions provided
for in Section 8 of Chapter 1 of Title IV:

(a) fresh figs;

(b) fresh citrus fruits;

(c) table grapes;

(1) OJ L 297, 21.11.1996, p. 29.
(2) OJ L 297, 21.11.1996, p. 49.

Save as otherwise provided for in this Chapter, this Title
1.
shall apply to the new Member States having applied the single
area payment scheme provided for in Chapter 2 of Title V.

Article 41 and Section 1 of Chapter 2 shall not apply.

scheme shall

Any new Member State having applied the single area
referred to in
the year
in respect of which it will apply the single

2.
payment
Article 51(1) and Article 69(1) by 1 August of
preceding that
payment scheme for the first time.

take the decisions

3.
Except for Bulgaria and Romania, any new Member State
having applied the single area payment scheme may provide
in addition to the eligibility conditions established in
that,
Article 34(2),
‘eligible hectare’ shall mean any agricultural area
of the holding which has been maintained in good agricultural
condition on 30 June 2003, whether or not in production at
that date.

Article 56

Application for support

1.
Farmers shall apply for support under the single payment
scheme by a date to be determined by the new Member States,
but no later than 15 May.

2.
Except in the case of force majeure or exceptional circum-
stances, payment entitlements shall be allocated only to those
farmers who have applied for the single payment scheme by
15 May of the first year of application of the single payment
scheme.

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Article 57

National reserve

1.
Each new Member State shall make a linear percentage
reduction in its national ceiling referred to in Article 40 in
order to constitute a national reserve.

2.
The new Member States shall use the national reserve for
the purpose of allocating, in accordance with objective criteria
and in such a way as to ensure equal treatment between farmers
and to avoid market and competition distortions, payment
entitlements to farmers placed in a special situation to be
defined by the Commission in accordance with the procedure
referred to in Article 141(2).

3.
During the first year of application of the single payment
scheme, the new Member States may use the national reserve
for the purpose of allocating,
in accordance with objective
criteria and in such a way as to ensure equal treatment between
farmers and to avoid market and competition distortions,
payment entitlements to farmers in specific sectors placed in a
special situation as a result of
the transition to the single
payment scheme.

4.
The new Member States may use the national reserve to
allocate payment entitlements to farmers who have commenced
their agricultural activity after 1 January of the first year of
application of the single payment scheme and who have not
in accordance with
received any direct payment in that year,
objective criteria and in such a way as to ensure equal treatment
between farmers
and competition
and to avoid market
distortions.

5.
The new Member States not applying Article 68(1)(c) may
use the national reserve for the purpose of allocating, in accord-
ance with objective criteria and in such a way as to ensure equal
treatment between farmers and to avoid market and competi-
tion distortions, payment entitlements to farmers in areas
subject
to restructuring and/or development programmes
relating to one or the other form of public intervention in order
to ensure against land being abandoned and to compensate
farmers for specific disadvantages in those areas.

6.
For the purposes of applying paragraphs 2 to 5, the new
Member States may increase the unit value of the payment enti-
tlements held by the farmer concerned, within the limit of
EUR 5 000, or may allocate new payment entitlements to the
farmer concerned.

7.
The new Member States shall make linear reductions in
the payment entitlements where their national reserve is not
sufficient to cover the cases referred to in paragraphs 2, 3 and 4.

The new Member States shall define the regions in accord-

2.
ance with objective and non-discriminatory criteria.

3. Where applicable, the new Member State shall divide the
national ceiling referred to in Article 40 after any reduction
provided for in Article 57 between the regions in accordance
with objective and non-discriminatory criteria.

Article 59

Allocation of payment entitlements

1.
Farmers shall receive payment entitlements, the unit value
of which shall be calculated by dividing the applicable national
ceiling referred to in Article 40 after any reduction provided for
in Article 57 by the number of payment entitlements estab-
lished at national level in accordance with paragraph 2 of this
Article.

Except in the case of force majeure or exceptional circum-
2.
stances, the number of payment entitlements per farmer shall be
equal to the number of hectares the farmer declares in accord-
ance with Article 35(1) for the first year of application of the
single payment scheme.

3.
By way of derogation from paragraph 2, the new Member
States may decide that, except in the case of force majeure or
exceptional circumstances, the number of payment entitlements
per farmer shall be equal to the average annual number of all
hectares which during one or more years of a representative
period to be fixed by the Member State but no later than 2008
conferred a right to the single area payment.

However, where a farmer has commenced agricultural activity in
the representative period, the average number of hectares shall
be based on the payments he was granted in the calendar year
or years during which he exercised the agricultural activity.

Article 60

Farmers with no eligible hectares

A farmer acting in the beef and veal sector, dairy sector or
sheepmeat and goatmeat sector who is entitled to receive
payment entitlements in accordance with Article 57(3) and
Article 59 for which he does not have eligible hectares in the
first year of implementation of the single payment scheme shall
be allocated special entitlements, not exceeding EUR 5 000 per
entitlement, as referred to in Article 44.

Article 61

Grassland

Article 58

Regional allocation of the national ceilings referred to in
Article 40

The new Member States may also, in accordance with objective
and non-discriminatory criteria, determine, within the regional
ceiling established under Article 58 or part of it, different per
unit values of
the payment entitlements to be allocated to
farmers referred to in Article 59(1):

The new Member States may apply the single payment

1.
scheme at regional level.

(a) for hectares of grassland as identified on 30 June 2008 and

for any other eligible hectare; or

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(b) for hectares of permanent pasture as identified on 30 June

2008 and for any other eligible hectare.

Article 62

Conditions for payment entitlements

1.
Payment entitlements established in accordance with this
Chapter may be transferred only within the same region or
between regions where the entitlements per hectare are the
same.

2.
The new Member States may, acting in compliance with
the general principles of Community law, decide to approximate
the value of the payment entitlements established in accordance
with this Chapter. This decision shall be taken by 1 August of
the year preceding the first year of application of the single
payment scheme.

For the purpose of applying the first subparagraph, the payment
entitlements shall be made subject to annual progressive modifi-
cations in accordance with objective and non-discriminatory
criteria and in pre-established annual steps.

3.
Except in the case of force majeure or exceptional circum-
stances, a farmer may transfer his payment entitlements without
land only after he has activated, within the meaning of
Article 34, at least 80 % of his payment entitlements during at
least one calendar year or after he has surrendered voluntarily
to the national reserve all the payment entitlements he has not
used in the first year of application of
the single payment
scheme.

(b) the Member States having introduced the single payment
scheme in accordance with Section 1 of Chapter 5 or
Chapter 6 of Title III of Regulation (EC) No 1782/2003 or
making use of the option provided for in Article 47 of this
Regulation may decide to use all or part of the support
referred to in paragraph 1 to increase the value of all
payment
amount
corresponding to the increase of the regional ceiling divided
by the total number of payment entitlements.

supplementary

entitlements

by

a

Member States may also differentiate the increase in value of
the payment entitlements by taking into account the criteria
referred to in Article 64(1) of this Regulation or on the
basis of
the type of agricultural activities exercised by
farmers during one or more years in the period 2005
to 2008 and in accordance with objective and non-discrimi-
natory criteria such as the agricultural potential or environ-
mental criteria.

3. Where a Member State makes use of
the derogation
provided for in paragraph 2(a), it shall take adequate measures
to ensure that
farmers having benefited from the support
referred to in paragraph 1 are not excluded from the single
payment scheme.
the
overall support the farmer will receive after the integration of
the coupled support schemes referred to paragraph 1 into the
single payment scheme does not fall below 75 % of the average
annual
the direct
payments during the relevant reference periods referred to in
Articles 64, 65 and 66.

it shall make sure that

received under all

In particular,

the farmer

support

CHAPTER 4

Article 64

Integration of coupled support into the single payment scheme

Integration of coupled support excluded from the single
payment scheme

Article 63

Integration of coupled support into the single payment
scheme

1.
As from 2010, Member States shall integrate the support
available under the coupled support schemes referred to in
Annex XI into the single payment scheme in accordance with
the rules laid down in Articles 64, 65, 66 and 67.

2.

By way of derogation from paragraph 1:

(a) the Member States having introduced the single payment
scheme in accordance with Chapters 1 to 4 of Title III of
Regulation (EC) No 1782/2003 may decide to use all or
part of the support referred to in paragraph 1 to establish
payment entitlements or
the
payment entitlements on the basis of the type of agricultural
activities exercised by farmers during one or more years in
the period 2005 to 2008 and in accordance with objective
and non-discriminatory criteria such as the agricultural
potential or environmental criteria;

to increase the value of

1.
The amounts referred to in Annex XII that were available
for coupled support under the schemes referred to in points 1
and 2 of Annex XI shall be distributed by the Member States
amongst the farmers in the sectors concerned in accordance
with objective and non-discriminatory criteria, taking account,
in particular, of support that those farmers received, directly or
indirectly, under the relevant support schemes during one or
more years in the period 2005 to 2008. In the case of the
potato starch schemes referred to in points 1 and 2 of Annex XI,
Member States may distribute the amounts available under
those schemes taking into account
the quantities of potato
covered by cultivation contracts between the potato producer
and the starch manufacturer within the limit of the quota allo-
cated to that manufacturer, as referred to in Article 84a of Regu-
lation (EC) No 1234/2007, in a given year.

2. Member States shall
increase the value of the payment
entitlements held by the farmers concerned on the basis of the
amounts resulting from the application of paragraph 1.

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The increase in value per payment entitlement per farmer shall
be calculated by dividing the amounts referred to in the first
subparagraph by the number of payment entitlements of each
farmer concerned.

However, where a farmer in a sector concerned does not hold
any payment entitlement, he shall be allocated payment entitle-
ments:

(a) the number of which shall be equal

to the number of
hectares he declares in accordance with Article 35(1)
in
respect of the year of integration of the coupled support
scheme into the single payment scheme;

(b) the value of which shall be established by dividing the
amount resulting from the application of paragraph 1 by
the number established in accordance with point (a) of this
subparagraph.

However, where the amount per aid scheme is lower than
3.
EUR 250 000, the Member State concerned may decide not to
distribute the amounts and add them to the national reserve.

Article 65

Integration of coupled support partially excluded from the
single payment scheme

The amounts that were available for coupled support under the
schemes referred to in point 3 of Annex XI shall be distributed
the farmers in the sectors
by the Member States amongst
concerned in proportion to the support
those farmers
received under the relevant support schemes during the relevant
reference periods referred to in Regulation (EC) No 1782/2003.

that

Member States may, however, choose a more recent representa-
tive period in accordance with objective and non-discriminatory
criteria and, where a Member State introduced the single
payment scheme in accordance with Section 1 of Chapter 5 or
Chapter 6 of Title III of Regulation (EC) No 1782/2003 or
where it makes use of the option provided in Article 47 of this
this
Regulation,
Regulation.

in accordance with Article 63(2)(b) of

Article 66

Optional integration of coupled support partially excluded
from the single payment scheme

Where a Member State:

(a) does not take the decision referred to in the first sub-

paragraph of Article 51(1);

(b) decides not to grant the beef and veal payments referred to
in application of the second

in Article 53(2) from 2011,
subparagraph of Article 51(1); or

(c) decides not to grant the fruit and vegetable payments in

application of the third subparagraph of Article 51(1),

the amounts that were available for coupled support under the
schemes referred to in point 4 of Annex XI shall be integrated
into the single payment scheme in accordance with Article 65.

Article 67

Advanced integration of coupled support into the single
payment scheme

Member States may decide, by 1 August 2009, to integrate the
seed aid referred to in Section 5 of Title IV and the schemes
referred to in point 1 of Annex XI, with the exception of the
specific quality premium for durum wheat,
into the single
payment scheme in 2010 or 2011. In this case, the Commis-
sion,
referred to in
Article 141(2), shall adjust the national ceilings referred to in
Article 40 by adding the amounts from Annex XII for the aid
scheme concerned.

in accordance with the procedure

CHAPTER 5

Specific support

Article 68

General rules

1. Member States may grant specific support
under the conditions laid down in this Chapter:

to farmers

Member States shall increase the value of the payment entitle-
ments of the farmers concerned or allocate payment entitle-
ments in accordance with Article 64(2) of this Regulation.

(a) for:

Where a farmer that received payments under Articles 67 and
68 of Regulation (EC) No 1782/2003 would be entitled to
receive payment entitlements in accordance with this Article for
which he does not have eligible hectares in the year of integra-
tion of the coupled support scheme into the single payment
scheme or where his payment entitlement per hectare results in
an amount higher than EUR 5 000, he shall be allocated special
entitlements as
referred to in Article 44, not exceeding
EUR 5 000 per entitlement.

(i) specific types of farming which are important for the

protection or enhancement of the environment;

(ii) improving the quality of agricultural products;

(iii) improving the marketing of agricultural products;

(iv) practising enhanced animal welfare standards;

(v) specific agricultural activities entailing additional agri-

environment benefits;

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(b) to address specific disadvantages affecting farmers in the
dairy, beef and veal, sheepmeat and goatmeat and rice
sectors in economically vulnerable or environmentally sensi-
tive areas, or, in the same sectors, for economically vulner-
able types of farming;

Articles 52 and 53, the total shall not exceed, respectively, the
financial envelope of
support obtained after applying the
maximum percentage of retention set out in Articles 67 and 68
of Regulation (EC) No 1782/2003.

(c) in areas

subject

to restructuring and/or development
programmes in order to ensure against land being aban-
doned and/or to address specific disadvantages for farmers
in those areas;

For the rice sector, the support referred to in paragraph 1(b) of
this Article may be granted only from the calendar year where
the Member States integrates the crop specific payment for rice
provided for in Section 1 of Chapter 1 of Title IV into the single
payment scheme.

(d) in the form of contributions to crop, animal and plant
insurance premiums in accordance with the conditions set
out in Article 70;

4.

The support referred to:

(e) by way of mutual funds for animal and plant diseases and
environmental incidents in accordance with the conditions
set out in Article 71.

The support referred to in paragraph 1(a) may only be

2.
granted if:

(a) in paragraph 1(a) and (d) of this Article shall take the form

of annual additional payments;

(b) in paragraph 1(b) of this Article shall take the form of
annual additional payments such as headage payments or
grassland premiums;

(a) as regards the specific agricultural activities referred to in

paragraph 1(a)(v):

(c) in paragraph 1(c) of this Article shall take the form of an
increase in the unit value and/or the number of the farmer's
payment entitlements;

of Article 39(3)

(i) it respects the requirements set out in the first sub-
paragraph
(EC)
No 1698/2005, and only for the coverage of the addi-
tional costs actually incurred and income foregone in
order to fulfil the objective concerned; and

of Regulation

(ii) it has been approved by the Commission;

(b) as regards improving the quality of agricultural products
referred to in paragraph 1(a)(ii), it is consistent with Council
Regulation (EC) No 509/2006 of 20 March 2006 on agri-
cultural products and foodstuffs as traditional specialities
guaranteed (1), Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indica-
tions and designations of origin for agricultural products
and foodstuffs (2), Council Regulation (EC) No 834/2007 of
28 June 2007 on organic production and labelling of
organic products (3) and Chapter 1 of Title II of Part II of
Regulation (EC) No 1234/2007;

(c) as regards improving the marketing of agricultural products
referred to in paragraph 1(a)(iii), it satisfies the criteria laid
down in Articles 2 to 5 of Council Regulation (EC)
No 3/2008 of 17 December 2007 on information provision
and promotion measures for agricultural products on the
internal market and in third countries (4).

(d) in paragraph 1(e) of

this Article shall take the form of

compensation payments as specified in Article 71.

5.
The transfer of payment entitlements with increased unit
values and of additional payment entitlements referred to in
paragraph 4(c) may only be allowed if the transferred entitle-
ments are accompanied by the transfer of an equivalent number
of hectares.

Any support granted under paragraph 1 shall be consis-

6.
tent with other Community measures and policies.

The Commission,

7.
in accordance with the procedure
referred to in Article 141(2), shall define the conditions for the
this
Commission approval
Article and the conditions for granting of the support referred
to in this Section, in particular with a view to ensuring consis-
tency with other Community measures and policies and to
avoid cumulation of support.

referred in paragraph 2(a)(ii) of

8.
By 1 August 2011, the Member States that took the deci-
sion referred to in Article 69(1) may review it and decide,
from 2012, to:

3.
The support referred to in paragraph 1(b) of this Article
may only be granted to the extent necessary to create an incen-
tive to maintain current levels of production.

(a) modify the amounts for the funding of the support referred

to in this Chapter, within the limits of Article 69; or

For the sheepmeat and goatmeat and beef and veal sectors, if
that support is applied together with the support granted under

(1) OJ L 93, 31.3.2006, p. 1.
(2) OJ L 93, 31.3.2006, p. 12.
(3) OJ L 189, 20.7.2007, p. 1.
(4) OJ L 3, 5.1.2008, p. 1.

(b) put an end to the application of specific support under this

Chapter.

According to the decision taken by each Member State pursuant
to the first subparagraph of this paragraph, the Commission
shall
in accordance with the procedure referred to in
Article 141(2), the corresponding ceiling for that support.

fix,

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Where a Member State decides to put an end to the application
of this Chapter or where it reduces the amounts used for its
funding, Article 72(2) shall apply.

funding of measures referred to in Article 68(1)(b) of this Regu-
lation in the dairy and beef and veal sectors.

Article 69

Financial provisions for specific support

6. Member States shall raise the funds needed to cover the
support provided:

The Commission shall present to the Council a report on the
application of this paragraph by 31 December 2013.

1. Member States may decide, by 1 August 2009, 1 August
2010 or 1 August 2011, to use from the year following that
decision up to 10 % of their national ceiling referred to in
amount of
Article 40, or,
EUR 2 000 000 for
in
Article 68(1).

the specific support provided for

case of Malta,

in the

the

the component of

2. Member States may apply the 10 % retention on a sectoral
basis by retaining up to 10 % of
their
national ceiling referred to in Article 41 of Regulation (EC)
No 1782/2003 corresponding to any sector referred to in
Annex VI of that Regulation. The funds retained may only be
used for
referred to in
Article 68(1) of this Regulation in the sectors concerned by the
retention.

the application of

support

the

3.
According to the decision made by each Member State
pursuant to paragraph 1 on the amount of national ceiling to
be used, the Commission shall fix, in accordance with the proce-
dure referred to in Article 141(2), the corresponding ceiling for
that support.

For the sole purpose of ensuring compliance with the national
ceilings as provided for in Article 40(2), the amounts used to
grant the support referred to in point (c) of Article 68(1) shall
be deducted from the national
referred to in
Article 40(1). They shall be counted as allocated payment
entitlements.

ceiling

4.
Support provided for in points (i), (ii), (iii) and (iv) of para-
graph 1(a) and paragraphs 1(b) and (e) of Article 68 shall be
limited to 3,5 % of the national ceilings referred to in Article 40
or,
in the case of Malta, to the amount of EUR 2 000 000,
referred to in Article 69(1) of this Regulation, to be used in par-
ticular
referred to in
Article 68(1)(b) in the dairy sector.

the measures

funding of

the

for

Member States may set sub-limits per measure.

By way of derogation from paragraph 4, during calendar
5.
in those Member States which granted
years 2010 to 2013,
support with regard to suckler cows
in accordance with
Article 69 of Regulation (EC) No 1782/2003 while not having
applied the option provided for in Article 68(2)(a)(i) of that
Regulation, the limit set out in paragraph 4 shall be set at 6 %
of their national ceiling referred to in Article 40. Furthermore,
in Member States where more than 60 % of their milk produc-
tion takes place north of the 62nd parallel, that limit shall be
set at 10 % of their national ceiling referred to in Article 40.

However, any support exceeding 3,5 % of the national ceiling
referred to in Article 40 shall be used exclusively for the

(a) in Article 68(1) by using an amount to be calculated by the
Commission in accordance with paragraph 7 of this Article
and fixed in accordance with the procedure referred to in
Article 141(2); and/or

(b) in Article 68(1)(a), (b), (c) and (d) by making a linear reduc-
tion in the value of the payment entitlements allocated to
farmers and/or in the direct payments referred to in Arti-
cles 52 and 53 and/or in the national reserve;

(c) in Article 68(1)(e) by making, if necessary, a linear reduction
in one or more of the payments to be made to the benefici-
aries of the relevant payments in accordance with this Title
and within the limits set out in paragraphs 1 and 4 of this
Article.

For the sole purpose of ensuring compliance with the national
ceilings provided for in Article 40(2), where a Member State
makes use of the option provided for in point (a) of the first
subparagraph of this paragraph, the amount concerned shall not
be counted as part of the ceilings fixed under paragraph 3 of
this Article.

The amounts referred to in paragraph 6(a) of this Article

7.
shall be equal to the difference between:

(a) the national

ceilings determined in Annex VIII or
Annex VIIIa of Regulation (EC) No 1782/2003 for 2007
after application of Article 10(1) of that Regulation and
Article 4(1) of Regulation (EC) No 378/2007 and after
reduction by 0,5 %; and

(b) the budget execution for financial year 2008 of the single
payment scheme and the payments referred to in Sections 2
and 3 of Chapter 5 of Title III of Regulation (EC)
No 1782/2003 with regard to payments in respect of the
this
2007 reduced ceiling referred to in point
subparagraph.

(a) of

In no case shall this amount be higher than 4 % of the ceiling
referred to in point
this
paragraph.

the first subparagraph of

(a) of

For the new Member States having applied the single payment
this amount shall be multiplied by 1,75
scheme in 2007,
in 2010, 2 in 2011, 2,25 in 2012 and 2,5 from 2013 onwards.

from a Member State,

Upon request
the Commission shall
revise the established amounts in accordance with the procedure
referred to in Article 141(2) of this Regulation and on the basis
of detailed rules to be laid down in accordance with the same
procedure.

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The use by Member States of such amounts shall be without
prejudice to the application of Article 8 of this Regulation.

The financial contribution granted per farmer shall not

3.
exceed 65 % of the insurance premium due.

8.
The decision referred to in paragraph 1 of this Article, in
Article 68(8) and in Article 131(1) shall determine the measures
to be applied and cover all further implementing arrangements
relevant to the application of this Chapter, including the descrip-
tion of the eligibility conditions for the measures to be applied,
the amount concerned and the financial resources to be raised.

The new Member States may decide to apply paragraphs 1,
9.
2, 4, 5 and 6 of this Article and Article 131(1) on the basis of
their national ceilings:

(a) specified for the year 2016 in the case of Bulgaria and

Romania;

(b) specified for the year 2013 for the other new Member

States.

In that case, Article 132 shall not apply to the measures taken
in accordance with this Article.

Article 70

Crop, animal, and plant insurance

to
1. Member States may grant
premiums
against
economic losses caused by adverse climatic events and animal
or plant diseases or pest infestation.

financial contributions

and plant

insurance

animal

crop,

for

For the purpose of this Article:

(a) ‘adverse climatic event’ shall mean weather conditions which
can be assimilated to a natural disaster, such as frost, hail,
ice, rain or drought;

(b) ‘animal diseases’ shall mean diseases mentioned in the list of
animal diseases established by the World Organisation for
Animal Health and/or in the Annex to Council Decision
90/424/EEC of 26 June 1990 on expenditure in the veter-
inary field (1);

(c) ‘economic losses’ shall mean any additional cost incurred by
a farmer as a result of exceptional measures taken by the
farmer with the objective of reducing supply on the market
concerned or any substantial loss of production.

2.
A financial contribution may only be granted for loss
caused by an adverse climatic event or by an animal or plant
disease or a pest infestation which destroys more than 30 % of
the average annual production of the farmer in the preceding
three-year period or a three-year average based on the preceding
five-year period, excluding the highest and lowest entry.

(1) OJ L 224, 18.8.1990, p. 19.

Member States may limit the amount of the premium that is
eligible for a financial contribution by applying appropriate
ceilings.

4.
Coverage by crop and/or animal and/or plant insurance
shall only be available where the occurrence of an adverse
climatic event or the outbreak of an animal or plant disease or
pest infestation has been formally recognised as such by the
competent authority of the Member State concerned.

Member States may, where appropriate, establish in advance
criteria on the basis of which such formal recognition shall be
deemed to be granted.

5.
Insurance payments shall compensate for not more than
the total cost of replacing the losses referred to in paragraph 1
and shall not require or specify the type or quantity of future
production.

Any financial contribution shall be paid directly to the

6.
farmer concerned.

7. Member States' expenditure on the granting of financial
contributions shall be co-financed by the Community from the
funds referred to in Article 69(1) at a rate of 75 % of the finan-
cial contribution.

The first subparagraph shall not prejudice any powers of
Member States to cover their participation in the financing of
the financial contributions and the part of
the insurance
premium to be borne by farmers in full or in part through
compulsory collective liability schemes in the sectors concerned.
This shall be possible notwithstanding Articles 125l and 125n
of Regulation (EC) No 1234/2007.

8. Member States shall ensure that economic losses for
which compensation is granted in accordance with other Com-
including Article 44 of Regulation (EC)
munity provisions,
No 1234/2007 and any other health and veterinary or plant
health measures, shall not be further compensated in accordance
with the first subparagraph of paragraph 1.

9.
The financial contribution shall not constitute a barrier to
the operation of the internal market in insurance services. The
financial contribution shall not be limited to insurance provided
by a single insurance company or group of companies, or be
made subject to the condition that the insurance contract be
taken out with a company established in the Member State
concerned.

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Article 71

The financial contributions referred to in paragraph 1 may

6.
relate to:

Mutual funds for animal and plant diseases and environ-
mental incidents

(a) the administrative costs of setting up the mutual

fund,

spread over a maximum of three years;

1. Member States may provide for financial compensation to
be paid to farmers for economic losses caused by the outbreak
of an animal or plant disease or an environmental incident by
way of financial contributions to mutual funds.

(b) the repayment of the capital and interest on commercial
loans taken out by the mutual fund for the purpose of
paying financial compensation to farmers;

2.

For the purpose of this Article:

(a) ‘mutual

fund’

shall mean a scheme accredited by the
Member State in accordance with its national
law for
affiliated farmers to insure themselves, whereby compensa-
tion payments are made to such farmers affected by
economic losses caused by the outbreak of an animal or
plant disease or an environmental incident;

(b) ‘economic losses’ shall mean any additional cost incurred by
a farmer as a result of exceptional measures taken by the
farmer with the objective of reducing supply on the market
concerned or any substantial loss of production;

(c) ‘an environmental incident’ shall mean a specific occurrence
of pollution, contamination or degradation in the quality of
the environment related to a specific event and of limited
geographical scope. It shall not cover general environmental
risks not connected with a specific event, such as climate
change or acid rain.

3.
As regards animal diseases, financial compensation may
only be granted in respect of diseases mentioned in the list of
animal diseases established by the World Organisation for
Animal Health and/or in the Annex to Decision 90/424/EEC.

4. Member States shall ensure that economic losses for
which financial compensation is granted in accordance with
other Community provisions, including Article 44 of Regulation
(EC) No 1234/2007 and any other health and veterinary or
plant health measures, shall not be further compensated in
accordance with paragraph 1.

5.
The mutual funds shall pay the financial compensation
directly to affiliated farmers who are affected by economic
losses.

The source of the financial compensation paid by the mutual
funds shall come from:

(a) capital stock contributed to the funds by affiliated and
non-affiliated farmers or by other operators in the agri-
cultural chain; or

(b) loans taken out by the funds on commercial terms; and

(c) any amounts recovered in accordance with paragraph 11.

Any initial capital stock shall not be contributed by public
funds.

(c) the amounts paid by the mutual fund from its capital stock

as financial compensation to farmers.

The minimum and maximum duration of the commercial loans
eligible for a financial contribution shall be determined by the
Commission in accordance with the procedure referred to in
Article 141(2).

Where financial compensation is paid by the fund in accordance
with point (c) of the first subparagraph, the public financial
contribution shall
for a
commercial loan of minimum duration.

follow the same rhythm as

that

7.
Any financial contribution shall not exceed 65 % of the
cost referred to in paragraph 6. Any cost not covered by finan-
cial contributions shall be borne by the affiliated farmers.

Member States may limit the costs that are eligible for a finan-
cial contribution by applying:

(a) ceilings per fund;

(b) appropriate per unit ceilings.

8. Member States' expenditure on the financial contributions
shall be co-financed by the Community from the funds referred
to in Article 69(1) at a rate of 75 %.

The first subparagraph shall not prejudice any powers of
Member States to cover their participation and/or the participa-
tion of affiliated farmers in the financing of the financial contri-
butions in full or in part through compulsory collective liability
schemes
shall be possible
notwithstanding Articles 125l and 125n of Regulation (EC)
No 1234/2007.

in the sectors concerned. This

9. Member States shall define the rules for the constitution
and management of the mutual funds,
in particular for the
granting of compensation payments to farmers in the event of
crisis and for the administration and monitoring of compliance
with these rules.

10. Member States shall submit
to the Commission an
annual report on the implementation of this Article. The form,
content, timing and deadlines of the report shall be laid down
by the Commission in accordance with the procedure referred
to in Article 141(2).

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11. Where a farmer is granted financial compensation by a
mutual fund under this Article any legal right for the recovery
of damages for the compensated economic losses which the
farmer may have under any provisions of Community or
national law against any third party shall be transferred to the
mutual fund in accordance with rules to be established by the
Member State concerned.

Article 72

Transitional provisions

1. Where a Member State applied Article 69 of Regulation
(EC) No 1782/2003, the amounts retained under that Article
shall be integrated into the single payment scheme in accord-
ance with Article 65 of this Regulation.

2.
By way of derogation from the first paragraph, where a
Member State having applied Article 69 of Regulation (EC)
No 1782/2003 decides to apply the specific support provided
for in this Chapter,
it may use the amounts retained under
Article 69 of Regulation (EC) No 1782/2003 to cover the
funding needs referred to in Article 69(6) of this Regulation.
Should the funding needs referred to in Article 69(6) be lower
than the amounts retained under Article 69 of Regulation (EC)
No 1782/2003, the difference shall be integrated into the single
payment
this
Regulation.

scheme in accordance with Article 65 of

3. Where a Member State having applied under Article 69 of
Regulation (EC) No 1782/2003 measures not compatible with
this Chapter decides to apply the specific support provided for
in this Chapter,
it may decide, by 1 August 2009, to apply
under Article 68 of this Regulation the measures communicated
to the Commission under Article 69 of Regulation (EC)
No 1782/2003 and its implementing rules during 2010, 2011
and 2012. By way of derogation from Article 69(4), the total
support under the measures referred to in Article 68(1)(a), (b)
and (e) may be limited to the ceiling fixed for the relevant
Member State in the application of Article 69 of Regulation
(EC) No 1782/2003.

In this case, Member States may also decide, by 1 August 2009,
to adjust such measures annually towards making them compa-
tible with this Chapter. Where a Member State decides not to
make the measures compatible, the amounts concerned shall be
integrated into the single payment scheme in accordance with
Article 65 of this Regulation.

4. Member States may grant the support provided for in this
Chapter from 2009 provided that, by way of derogation from
Article 69(6) of
they finance the support
referred to in Article 68(1) only by using the amounts of the
national reserve and that national provisions are in place by the
deadline fixed by the Member State for the lodging of the aid
application.

this Regulation,

TITLE IV

OTHER AID SCHEMES

CHAPTER 1

Community aid schemes

Section 1

Crop specif ic payment for r ice

Article 73

Scope

For 2009, 2010 and 2011, aid shall be granted to farmers
producing rice falling within CN code 1006 10 under the
conditions laid down in this Section (‘crop specific payment for
rice’).

Article 74

Conditions and amount of the aid

1.
The crop specific payment for rice shall be granted per
hectare of land sown under rice and where the crop is main-
tained until at least the beginning of flowering under normal
growth conditions.

However, crops grown on areas which are fully sown and which
are cultivated in accordance with local standards, but which do
flowering as a result of exceptional
not attain the stage of
weather conditions recognised by the Member State concerned,
shall remain eligible for aid provided that the areas in question
are not used for any other purpose up to this growing stage.

The amount of the crop specific payment for rice shall be
2.
as follows, according to the yields in the Member States
concerned:

Member State

Bulgaria

Greece

Spain

France

— metropolitan territory

— French Guyana

Italy

Hungary

Portugal

Romania

EUR/ha

345,255

561,00

476,25

411,75

563,25

453,00

232,50

453,75

126,075

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Article 75

Areas

The following base areas are hereby established for each produ-
cing Member State:

Member State

Bulgaria

Greece

Spain

France

— metropolitan territory

— for 2009 only, French Guyana

Italy

Hungary

Portugal

Romania

base areas
(ha)

4 166

20 333

104 973

19 050

4 190

219 588

3 222

24 667

500

intended for the manufacture of potato starch under the condi-
tions laid down in this Section (‘aid for starch potato growers’).

The aid shall be EUR 66,32 for the quantity of potatoes needed
for making one tonne of starch.

The amount shall be adjusted according to the starch content of
the potatoes.

Article 78

Conditions

The aid for starch potato growers shall be paid only in respect
of the quantity of potatoes covered by a cultivation contract
between the potato producer and the potato starch manufac-
turer within the limit of the quota allocated to that potato
starch manufacturer in accordance with Article 84a(2) of Regu-
lation (EC) No 1234/2007.

Section 3

Protein crop premium

Article 79

Scope

A Member State may divide its base area or areas into sub-base
areas in accordance with objective and non-discriminatory
criteria.

For 2009, 2010 and 2011, aid shall be granted to farmers
producing protein crops under the conditions laid down in this
Section (‘protein crop premium’).

Article 76

Overrun of the areas

1. Where, in a Member State, the area given over to rice in a
given year exceeds the base area established in Article 75, the
area per farmer for which the crop specific payment for rice is
claimed shall be reduced proportionately in that year.

2. Where a Member State divides its base area or areas into
sub-base areas, the reduction provided for in paragraph 1 shall
apply only to the farmers in sub-base areas where the sub-base
area limit has been exceeded. This reduction shall be made
when, in the Member State concerned, the areas in the sub-base
areas which have not reached their sub-base area limit have
been redistributed to the sub-base areas in which the sub-base
area limits have been exceeded.

Section 2

Aid for s tarc h potato g rowers

Article 77

Scope and amount of the aid

Protein crops shall include:

(a) peas falling within CN code 0713 10;

(b) field beans falling within CN code 0713 50;

(c) sweet lupins falling within CN code ex 1209 29 50.

Article 80

Amount and eligibility

The protein crop premium shall be EUR 55,57 per hectare of
protein crops harvested after the stage of lactic ripeness.

However, crops grown on areas which are fully sown and which
are cultivated in accordance with local standards, but which do
not attain the stage of lactic ripeness as a result of exceptional
weather conditions recognised by the Member State concerned,
shall remain eligible for the protein crop premium provided that
the areas in question are not used for any other purpose up to
this growing stage.

Article 81

Area

the marketing

For
years 2009/2010, 2010/2011 and
2011/2012, aid shall be granted for farmers producing potatoes

1.
A maximum guaranteed area of 1 648 000 ha for which
the protein crop premium may be granted is hereby established.

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Member State

2. Where the area for which the protein crop premium is
claimed exceeds the maximum guaranteed area, the area per
farmer for which the protein crop premium is claimed shall be
reduced proportionately in that year in accordance with the
procedure referred to in Article 141(2).

3. Where,
in accordance with Article 67, a Member State
decides to integrate the protein crop premium provided for in
this Section into the single payment scheme, the Commission,
in accordance with the procedure referred to in Article 141(2),
shall reduce the maximum guaranteed area referred to in para-
graph 1 of
this Article in proportion to the protein crops
amount corresponding to that Member State in Annex XII.

Section 4

Area payment for nuts

Article 82

Community area payment for nuts

1.
For 2009, 2010 and 2011, Community aid shall be
granted to farmers producing nuts under the conditions laid
down in this Section (‘area payment for nuts’).

Nuts shall include:

Belgium

Bulgaria

Germany

Greece

Spain

France

Italy

Cyprus

Luxembourg

Hungary

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

(a) almonds falling within CN codes 0802 11 and 0802 12;

United Kingdom

NGA
(ha)

100

11 984

1 500

41 100

568 200

17 300

130 100

5 100

100

2 900

100

100

4 200

41 300

1 645

300

3 100

100

(b) hazelnuts or
and 0802 22;

filberts falling within CN codes 0802 21

(c) walnuts falling within CN codes 0802 31 and 0802 32;

(d) pistachios falling within CN codes 0802 50;

4. Member States may subdivide their respective NGA into
sub-base areas in accordance with objective criteria, in particular
at regional level or in relation to the production.

(e) locust beans falling within CN codes 1212 10 10.

Article 84

2. Member States may differentiate the area payment for nuts
according to the products or by increasing or reducing the
national guaranteed areas (hereinafter referred to as the ‘NGA’)
established in Article 83(3). However, in each Member State, the
total amount of the area payment for nuts granted in a given
year
than the ceiling established in
Article 83(4).

shall not be higher

Article 83

Areas

1. Member States shall grant the Community area payment
for nuts within the limit of a ceiling calculated by multiplying
the number of hectares of their respective NGA as fixed in para-
graph 3 by the average amount of EUR 120,75.

A maximum guaranteed area of 829 229 ha is hereby

2.
established.

The maximum guaranteed area referred to in paragraph 2

3.
shall be divided into the following NGAs:

Overrun of the sub-base areas

Where a Member State subdivides its NGA into sub-base areas
and one or more sub-base area limits have been exceeded, the
area per farmer for which the area payment for nuts is claimed
shall be reduced proportionately in that year for the farmers in
the sub-base areas where the limit has been exceeded. This
reduction shall be made when, in the Member State concerned,
the areas in the sub-base areas which have not reached their
sub-base area limits have been redistributed to the sub-base
areas in which the sub-base area limits have been exceeded.

Article 85

Conditions for eligibility

Payment of the area payment for nuts shall be conditional

1.
on, in particular, minimum plot size and tree density.

the area
2. Member States may make the granting of
payment for nuts conditional on farmers being members of a
producer
accordance with
recognised
Article 125b of Regulation (EC) No 1234/2007.

organisation

in

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3.
If paragraph 2 is applied, Member States may decide that
the payment of the area payment for nuts shall made to a
producer organisation on behalf of its members. In this case, the
amount of aid received by the producer organisation shall be
paid to its members. However, Member States may authorise a
producer organisation,
services
provided to its members, to reduce the amount of the area
payment for nuts by a maximum of 2 %.

compensation for

the

as

Article 86

National aid

this Regulation, as fixed in accordance with Article 64(2) of
Regulation (EC) No 1782/2003 (‘seed aid ceiling’). However, for
the new Member States, this seed aid ceiling shall correspond to
the amounts set out in Annex XIV to this Regulation.

Where the total amount of seed aid claimed exceeds the seed
aid ceiling fixed by the Commission, the aid per farmer shall be
reduced proportionately in the year concerned.

4.
The varieties of hemp (Cannabis sativa L.) for which the
seed aid provided for in this Article is payable shall be deter-
mined in accordance with the procedure referred to in
Article 141(2).

1. Member States may grant national aid, in addition to the
area payment for nuts, up to a maximum of EUR 120,75 per
hectare per year.

Section 6

Crop specif ic payment for cotton

The national aid may be paid only for areas receiving area

2.
payment for nuts.

Article 88

Scope

3. Member States may make the granting of national aid
conditional on farmers being members of a producer organisa-
tion recognised in accordance with Article 125b of Regulation
(EC) No 1234/2007.

Aid shall be granted to farmers producing cotton falling within
CN code 5201 00 under the conditions laid down in this
Section (‘crop specific payment for cotton’).

Section 5

Seed aid

Article 87

Aid

1.
For 2009, 2010 and 2011, the Member States having
applied Article 70 of Regulation (EC) No 1782/2003 which do
not make use of the option provided for in Article 67 of this
Regulation shall grant, on a yearly basis, the aids set out in
Annex XIII to this Regulation for the production of basic seed
or certified seeds of one or more of the species listed in that
Annex, under the conditions laid down in this Section (‘seed
aid’).

2. Where the area accepted for certification for which the
seed aid is claimed is used also for claiming support under the
single payment scheme, the amount of seed aid, except in the
case of the species referred to in Annex XIII points 1 and 2,
shall be reduced, but to no less than zero, by the amount of
support under the single payment scheme to be granted in a
given year for the area concerned.

3.
The amount of seed aid claimed shall not exceed a ceiling
fixed by the Commission in accordance with the procedure
this Regulation and corre-
referred to in Article 141(2) of
sponding to the component of
the species
seed aid for
concerned in the national ceiling referred to in Article 40 of

Article 89

Eligibility

1.
The crop specific payment for cotton shall be granted per
hectare of eligible area of cotton. In order to be eligible, the area
shall be located on agricultural land authorised by the Member
State for cotton production, sown under authorised varieties
and actually harvested under normal growing conditions.

The crop specific payment for cotton shall be paid for cotton of
sound and fair merchantable quality.

2. Member States shall authorise the land and the varieties
referred to in paragraph 1 of this Article according to detailed
rules and conditions adopted in accordance with the procedure
referred to in Article 141(2).

Article 90

Base areas, fixed yields and reference amounts

1.

The following national base areas are hereby established:

— Bulgaria: 3 342 ha,

— Greece: 250 000 ha,

— Spain: 48 000 ha,

— Portugal: 360 ha.

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The following fixed yields in the reference period are

2.
hereby established:

Article 92

Payment of the aid

— Bulgaria: 1,2 tonne/ha,

— Greece: 3,2 tonne/ha,

— Spain: 3,5 tonne/ha,

— Portugal: 2,2 tonne/ha.

The amount of the aid per eligible hectare shall be estab-
3.
lished by multiplying the yields established in paragraph 2 with
the following reference amounts:

— Bulgaria: EUR 671,33,

— Greece: EUR 251,75,

— Spain: EUR 400,00,

— Portugal: EUR 252,73.

4.
If the eligible area of cotton in a given Member State and
in a given year exceeds the base area established in paragraph 1,
the aid referred to in paragraph 3 for that Member State shall be
reduced proportionately to the overrun of the base area.

5.
Detailed rules for the implementation of this Article shall
be adopted in accordance with the procedure referred to in
Article 141(2).

Article 91

Approved inter-branch organisations

For the purpose of this Section, an ‘approved inter-branch
1.
organisation’ shall mean a legal entity made up of
farmers
producing cotton and at least one ginner, carrying out activities
such as:

(a) helping to coordinate better the way cotton is placed on the
market, particularly through research studies and market
surveys;

Farmers shall be granted the crop specific payment for

1.
cotton per eligible hectare pursuant to Article 90.

Farmers who are members of an approved inter-branch
2.
organisation shall be granted the crop specific payment for
cotton per eligible hectare within the base area laid down in
Article 90(1), increased by an amount of EUR 2.

Section 7

Aid for sugar beet and cane producers

Article 93

Scope

1.
In Member States which have granted the restructuring aid
provided for in Article 3 of Regulation (EC) No 320/2006 for at
least 50 % of the sugar quota fixed on 20 February 2006 in
Annex III
to Council Regulation (EC) No 318/2006 of
20 February 2006 on the common organisation of the markets
in the sugar sector (1), aid shall be granted to sugar beet and
cane producers under the conditions laid down in this Section.

The aid for sugar beet and cane producers shall be granted
2.
for a maximum of five consecutive years as from the marketing
year in which the threshold of 50 % referred to in paragraph 1
was
the marketing year
2013/2014.

reached but no later

than for

Article 94

Conditions

The aid for sugar beet and cane producers shall be granted in
respect of the quantity of quota sugar obtained from sugar beet
or cane delivered under contracts concluded in accordance with
Article 50 of Regulation (EC) No 1234/2007.

Article 95

(b) drawing up standard forms of contract compatible with

Amount of the aid

Community rules;

(c) orienting production towards products

that are better
adapted to market needs and consumer demand, particularly
in terms of quality and consumer protection;

(d) updating methods and means to improve product quality;

(e) developing marketing strategies
quality certification schemes.

to promote cotton via

The Member State where the ginners are established shall
2.
approve inter-branch organisations that satisfy criteria to be
adopted in accordance with the procedure referred to in
Article 141(2).

The aid for sugar beet and cane producers shall be expressed per
tonne of white sugar of standard quality. The amount of the aid
shall be equal to half of the amount obtained by dividing the
amount of the ceiling referred to in Annex XV to this Regu-
lation for the Member State concerned for the corresponding
year by the total of the sugar and inulin syrup quota fixed on
to Regulation (EC)
20 February 2006 in Annex
No 318/2006.

III

Except for Bulgaria and Romania, Articles 121 and 132 of this
Regulation shall not apply to the aid for sugar beet and cane
producers.

(1) OJ L 58, 28.2.2006, p. 1.

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Section 8

Transitional fr uit and veget ables payments

Article 96

Transitional area aids

1. Where Article 54(1) or Article 128(1) is applied during
the period referred to in those provisions, a transitional area aid
may be granted, under the conditions laid down in this Section,
supplied for
to farmers producing tomatoes which are
processing.

2. Where Article 54(2) or Article 128(2) is applied during
the period referred to in those provisions, a transitional area aid
may be granted, under the conditions laid down in this Section,
to farmers producing one or more of the fruit and vegetable
products listed in the third subparagraph of Article 54(2), as
determined by the Member States, and which are supplied for
processing.

Article 97

Amount of the aid and eligibility

1. Member States shall determine the aid per hectare on
which tomatoes and each fruit and vegetable product listed in
the third subparagraph of Article 54(2) are grown on the basis
of objective and non-discriminatory criteria.

2.
The total amount of aid provided for in paragraph 1 of
this Article shall in no event exceed the ceiling determined in
accordance with Article 51(2) or Article 128.

3.
The aid provided for in paragraph 1 of this Article shall
be granted only in respect of areas the production of which is
covered by a contract for processing into one of the products
listed in Article 1(1)(j) of Regulation (EC) No 1234/2007.

4. Member States may make the granting of the aid provided
for in paragraph 1 of this Article subject to further objective
and non-discriminatory criteria, including the condition that the
farmer is a member of a producer organisation or a producer
group
or
Article 125e of Regulation (EC) No 1234/2007.

under Article

respectively

recognised

125b

Section 9

Transitional sof t fr uit payment

Article 98

Soft fruit payment

2.
The transitional soft fruit payment shall be granted only in
respect of areas the production of which is covered by a
contract
the products listed in
for processing into one of
Article 1(1)(j) of Regulation (EC) No 1234/2007.

The amount of the transitional soft fruit payment shall be

3.
EUR 230/ha.

4. Member States may pay a national aid in addition to the
transitional soft fruit payment. The total amount of Community
and national aid shall not exceed EUR 400/ha.

5.
The transitional soft fruit payment shall be paid only in
respect of maximum national guaranteed areas allocated to
Member States as follows:

Member State

Maximum national guaranteed area
(ha)

Bulgaria

Hungary

Latvia

Lithuania

Poland

2 400

1 700

400

600

48 000

If the eligible area in a given Member State and in a given year
exceeds the maximum national guaranteed area, the amount of
the transitional soft fruit payment referred to in paragraph 3
shall be reduced proportionately to the overrun of
the
maximum national guaranteed area.

Articles 121 and 132 shall not apply to the transitional

6.
soft fruit payment.

Section 10

Premiums in the sheepmeat and goatmeat sector

Article 99

Scope

Where Article 52 is applied, Member States shall grant, on a
yearly basis, premiums and supplementary premiums to farmers
rearing sheep and goats under the conditions provided for in
this Section, save as otherwise provided for in this Regulation.

Article 100

Definitions

1.
A transitional area aid shall be granted during the period
ending on 31 December 2011 to producers of strawberries
falling within CN code 0810 10 00 and raspberries falling
within CN code 0810 20 10 which are supplied for processing,
under the conditions laid down in this Section (‘transitional soft
fruit payment’).

For the purposes of this Section, the following definitions shall
apply:

(a) ‘ewe’ means any female of the ovine species having lambed

at least once or at least one year old;

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(b) ‘she-goat’ means any female of the caprine species having

kidded at least once or at least one year old.

(a) at least 90 % of the animals for which the premium is
applied are grazed for at least 90 consecutive days in an
eligible area established in accordance with paragraph 1; and

Article 101

Ewe and goat premiums

A farmer keeping ewes on his holding may qualify, on
(‘ewe

a premium for maintaining ewes

for

1.
application,
premium’).

A farmer keeping she-goats on his holding may qualify, on
2.
for a premium for maintaining she-goats (‘goat
application,
premium’). This premium shall be granted to farmers in specific
areas where the production meets the following two criteria:

(a) goat rearing is mainly directed towards the production of

goatmeat;

(b) goat and sheep rearing techniques are similar in nature.

A list of such areas shall be established in accordance with the
procedure referred to in Article 141(2).

3.
The ewe premium and the goat premium shall be granted
in the form of an annual payment per eligible animal per
calendar year and per farmer within the limits of individual ceil-
ings. The minimum number of animals in respect of which an
application for a premium is lodged shall be determined by the
Member State. This minimum shall not be less than ten nor
greater than 50.

4.
The amount of the ewe premium shall be EUR 21 per
ewe. However, for farmers marketing sheep's milk or products
based on sheep's milk, the amount of the ewe premium shall be
EUR 16,8 per ewe.

The amount of the goat premium shall be EUR 16,8 per

5.
she-goat.

Article 102

Supplementary premium

1.
A supplementary premium shall be paid to farmers in
areas where sheep and goat production constitutes a traditional
activity or contributes significantly to the rural economy. These
In any event, the
areas shall be defined by Member States.
supplementary premium shall only be granted to a farmer
whose holding has at least 50 % of its area used for agriculture
situated in less-favoured areas defined pursuant to Regulation
(EC) No 1257/1999.

(b) the seat of the holding is situated in a well-defined geogra-
phical area for which it has been established by the Member
State that transhumance is a traditional practice of sheep
and/or goat rearing and that these animal movements are
necessary owing to the absence of forage in sufficient quan-
tity during the transhumance period.

The amount of the supplementary premium shall be set at
3.
EUR 7 per ewe and per she-goat. The supplementary premium
shall be granted under the same conditions as those laid down
for the grant of the ewe and goat premiums.

Article 103

Common rules on premiums

Premiums shall be paid to recipient farmers on the basis
1.
of the number of ewes and/or she-goats kept on their holding
over a minimum period to be determined in accordance with
the procedure referred to in Article 141(2).

2.
To qualify for the premiums, an animal shall be identified
and registered in accordance with Regulation (EC) No 21/2004.

Article 104

Individual limits

On 1 January 2009,

1.
the individual ceiling per farmer
referred to in Article 101(3) shall be equal to the number of
premium rights which he held on 31 December 2008 in
accordance with the relevant Community rules.

2. Member States shall take the necessary measures to ensure
that the sum of premium rights on their territory does not
exceed the national ceilings set out in paragraph 4 and that the
national reserve referred to in Article 106 may be maintained.

After the end of the period of application of the single area
payment scheme in accordance with Article 122 and where
Article 52 is applied, the allocation of the individual ceilings to
producers and the setting up of the national reserve referred to
in Article 106 shall take place no later than the end of the first
year of the application of the single payment scheme.

The supplementary premium shall also be granted to a

2.
farmer practising transhumance provided that:

Premium rights which have been withdrawn under the
to the first subparagraph of para-

3.
measures taken pursuant
graph 2 shall be cancelled.

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4.

The following national ceilings shall apply:

Member State

National ceiling

Bulgaria

Czech Republic

Denmark

Estonia

Spain

France

Cyprus

Latvia

Lithuania

Hungary

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Total

2 058 483

66 733

104 000

48 000

19 580 000

7 842 000

472 401

18 437

17 304

1 146 000

335 880

2 690 000

5 880 620

84 909

305 756

80 000

40 730 523

Article 105

Transfer of premium rights

1. When a farmer sells or otherwise transfers his holding, he
may transfer all of his premium rights to the person who takes
over the holding.

A farmer may also transfer, in whole or in part, his rights

2.
to other farmers without transferring his holding.

In the event of a transfer of rights without a transfer of the
holding, part of the premium rights transferred, not exceeding
15 %, shall be surrendered, without any compensation, to the
national reserve of the Member State where the holding is situ-
ated for redistribution free of charge.

Member States may acquire premium rights from farmers who
agree, on a voluntary basis, to surrender their rights, in whole
or in part. In this case, payments for the acquisition of such
rights may be made to such farmers from the national budget.

By way of derogation from paragraph 1 and in duly justified
circumstances, Member States may provide that, in the event of
a sale or other transfer of the holding, the transfer of rights is
carried out via the national reserve.

3. Member States may take the necessary measures to avoid
premium rights being transferred outside sensitive areas or
regions where sheep production is particularly important for
the local economy.

4.
Before a date that they shall determine, Member States
may authorise temporary transfers of that part of the premium
rights which is not intended to be used by the farmer who
holds them.

Article 106

National reserve

Each Member State shall maintain a national reserve of

1.
premium rights.

Any premium rights withdrawn pursuant to Article 105(2)
2.
or other Community provisions shall be added to the national
reserve.

3. Member States may allocate premium rights to farmers
within the limits of their national reserve. When making the
allocation, they shall give precedence in particular to newco-
mers, young farmers or other priority farmers.

Article 107

Ceilings

The sum of the amounts of each premium claimed shall not
exceed the limit of the ceiling determined by the Commission
pursuant to Article 51(2).

When the total amount of aid claimed exceeds the fixed ceiling,
the aid per farmer shall be reduced proportionately in that year.

Section 11

Beef and veal payments

Article 108

Scope

Where Article 53 is applied, Member States shall grant, under
the conditions set out in this Section and save as otherwise
provided for in this Regulation,
the additional payment or
payments chosen by the Member State concerned in accordance
with that Article.

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Article 109

Definitions

For the purposes of this Section, the following definitions shall
apply:

(a) ‘region’ means a Member State or a region within a Member

State, at the option of the Member State concerned;

(b) ‘bull’ means an uncastrated male bovine animal;

(c) ‘steer’ means a castrated male bovine animal;

(d) ‘suckler’ cow means a cow belonging to a meat breed or
born of a cross with a meat breed, and belonging to a herd
intended for rearing calves for meat production;

(e) ‘heifer’ means a female bovine animal from the age of eight

months which has not yet calved.

Article 110

Special premium

1.
A farmer holding male bovine animals on his holding may
qualify, on application, for a special premium. It shall be granted
in the form of an annual premium per calendar year and per
holding within the limits of the regional ceilings for not more
than 90 animals for each of the age brackets referred to in para-
graph 2.

graph 2(a) and (b) per farmer for the year concerned shall be
reduced proportionately.

5.
By way of derogation from paragraphs 1 and 4, Member
States may, on the basis of objective criteria that are part of a
rural development policy and only on condition that they take
into account environmental as well as employment aspects,
change or waive the headage limit of 90 animals per holding
and age bracket. In this case, Member States may decide to
apply paragraph 4 in such a way as to reach the level of reduc-
tions required to comply with the applicable regional ceiling,
without applying such reductions to small
in
respect of the year concerned, did not submit special premium
applications for more than a minimum number of animals
determined by the Member State concerned.

farmers who,

6. Member States may decide to grant the special premium at
the time of slaughter. In this case, the age criterion referred to in
paragraph 2(a) for bulls shall be replaced by a minimum carcass
weight of 185 kg.

The premium shall be paid or passed back to the farmers.

7.

The amount of the special premium shall be set at:

(a) EUR 210 per eligible bull;

(b) EUR 150 per eligible steer and age bracket.

8.

The following regional ceilings shall apply:

Member State

Regional ceiling

For the purposes of this Article, ‘regional ceiling’ shall mean the
in a region and per
number of animals entitled to benefit,
calendar year, from the special premium.

Bulgaria

Czech Republic

2.

The special premium shall be granted no more than:

(a) once in the life of each bull from the age of nine months; or

(b) twice in the life of each steer:

(i) the first time at the age of nine months;

(ii) the second time after

it has

reached the age of

21 months.

3.

To qualify for the special premium:

(a) any animal covered by an application shall be held by the
farmer for fattening for a period to be determined in accord-
ance with the procedure referred to in Article 141(2);

(b) each animal shall be covered until slaughter or until export
by an animal passport referred to in Article 6 of Regulation
(EC) No 1760/2000 containing all relevant information on
if not available, by an equivalent
its premium status or,
administrative document.

4. Where in a given region the total number of bulls from
the age of nine months and of steers from the age of nine
months to 20 months, for which an application has been made
and which satisfy the conditions
for granting the special
premium, exceeds the applicable regional ceiling determined in
paragraph 8, the total number of eligible animals under para-

Denmark

Germany

Estonia

Cyprus

Latvia

Lithuania

Poland

Romania

Slovenia

Slovakia

Finland

Sweden

90 343

244 349

277 110

1 782 700

18 800

12 000

70 200

150 000

926 000

452 000

92 276

78 348

250 000

250 000

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Article 111

Suckler cow premium

1.
A farmer keeping suckler cows on his holding may qualify,
on application, for a premium for maintaining suckler cows
(‘suckler cow premium’). It shall be granted in the form of an
annual premium per calendar year and per farmer within the
limits of individual ceilings.

2.

The suckler cow premium shall be granted to any farmer:

(a) not supplying milk or milk products from his farm for
12 months from the day on which the application is lodged.

The supply of milk or milk products directly from the
holding to the consumer shall not, however, prevent the
premium being granted;

(b) supplying milk or milk products the total individual quota
of which, as referred to in Article 67 of Regulation (EC)
No 1234/2007, does not exceed 120 000 kg.

However, Member States may decide, on the basis of objective
and non-discriminatory criteria which they determine, to change
or waive the quantitative limit, provided that the farmer keeps,
for at least six consecutive months from the day on which the
application is lodged, a number of suckler cows not less than
60 % and of heifers not exceeding 40 % of the number for
which the premium was requested.

population has a high proportion of suckler cows, representing
at least 30 % of the total number of cows, and if at least 30 %
of the male bovine animals slaughtered belong to conformation
classes S and E, the EAGF shall finance the additional premium
in total. Any overshoot of these percentages shall be established
on the basis of the average of the two years preceding that for
which the premium is granted.

6.
For the purposes of this Article, only heifers belonging to
a meat breed or born of a cross with a meat breed and
belonging to a herd intended for rearing calves for meat produc-
tion shall be taken into account.

Article 112

Individual ceiling for suckler cow

1.
Aid shall be granted to each farmer of suckler cows within
the limit of the individual ceilings which have been established
pursuant to Article 126(2) of Regulation (EC) No 1782/2003.

2. Member States shall take the necessary measures to ensure
that the sum of premium rights on their territory does not
exceed the national ceilings set out in paragraph 5 and that the
national reserve referred to in Article 114 may be maintained.

For the purposes of determining the number of eligible animals
under points (a) and (b) of the first subparagraph, whether cows
belong to a suckler herd or to a dairy herd shall be established
on the basis of the beneficiary's individual quota for milk avail-
able on the holding on 31 March of
the calendar year
concerned, expressed in tonnes and the average milk yield.

After the end of the period of application of the single area
payment scheme in accordance with Article 122 and where
Article 53(1) is applied, the allocation of the individual ceilings
to producers and the setting up of the national reserve referred
to in Article 114 shall take place no later than the end of the
first year of application of the single payment scheme.

3.
The farmers' entitlement to the premium shall be limited
by the application of an individual ceiling as defined in
Article 112.

The amount of the premium shall be set at EUR 200 per

4.
eligible animal.

5. Member States may grant an additional national suckler
cow premium, up to a maximum of EUR 50 per animal,
provided that no discrimination is caused between stockfarmers
in the Member State concerned.

As regards holdings located in a region as defined in Articles 5
and 8 of Council Regulation (EC) No 1083/2006 of 11 July
2006 laying down general provisions on the European Regional
Development Fund, the European Social Fund and the Cohesion
Fund (1),
this additional
premium shall be financed by the EAGF.

the first EUR 24,15 per animal of

As regards holdings located throughout
Member State,

the territory of a
in the Member State concerned, the cattle

if,

(1) OJ L 210, 31.7.2006, p. 25.

3. Where the adjustment referred to in paragraph 2 requires
a reduction in the individual ceilings held by farmers, it shall be
carried out without compensatory payment and decided on the
basis of objective criteria, including, in particular:

(a) the rate at which farmers have used their individual ceilings

during the three reference years prior to 2000;

(b) the implementation of an investment or extensification

programme in the beef and veal sector;

(c) particular natural circumstances or the application of penal-
ties, resulting in non-payment or reduced payment of the
premium for at least one reference year;

(d) additional exceptional circumstances having the effect that
the payments made for at least one reference year do not
correspond to the actual situation as established during the
previous years.

Premium rights which have been withdrawn under the
to the first subparagraph of para-

4.
measures taken pursuant
graph 2 shall be cancelled.

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5.

The following national ceilings shall apply:

Member State

National ceiling

beef and veal production is particularly important for the
local economy;

Belgium

Bulgaria

Czech Republic

Estonia

Spain

France

Cyprus

Latvia

Lithuania

Hungary

Malta

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

394 253

16 019

90 300

13 416

1 441 539

3 779 866

500

19 368

47 232

117 000

454

375 000

325 581

458 941

150 000

86 384

28 080

Article 113

Transfer of suckler cow premium rights

1. When a farmer sells or otherwise transfers his holding, he
may transfer all of his suckler cow premium rights to the
person who takes over his holding.

2.
The farmer referred to in paragraph 1 may also transfer, in
whole or in part, his rights to other farmers without transferring
his holding.

Where premium rights are transferred without a transfer of the
holding, part of the rights transferred, not exceeding 15 %, shall
be surrendered, without any compensation,
to the national
reserve of the Member State where the holding is situated for
redistribution free of charge.

(b) may provide either

rights without
the transfer of
the holding is carried out directly between

transfer of
farmers or that it is carried out via the national reserve.

that

Before a date that they shall determine, Member States
4.
may authorise temporary transfers of that part of the premium
rights which is not intended to be used by the farmer who
holds them.

Article 114

National reserve of suckler cow premium rights

Each Member State shall maintain a national reserve of

1.
suckler cow premium rights.

2.
Any premium rights withdrawn pursuant to the second
subparagraph of Article 113(2) or other Community provisions
shall be added to the national reserve, without prejudice to
Article 112(4).

3.
The Member States shall use their national reserve for allo-
cating, within the limits of those reserves, premium rights in
particular to newcomers, young farmers and other priority
farmers.

Article 115

Heifers

1.
By way of derogation from Article 111(3) of this Regu-
lation, Member States where more than 60 % of suckler cows
and heifers are kept in mountain areas within the meaning of
Article 50 of Regulation (EC) No 1698/2005 may decide to
manage the granting of the suckler cow premium for heifers
separately from that for suckler cows within the limits of a sepa-
rate national ceiling to be set up by the Member State
concerned.

the Member State concerned set out

to the separate national ceiling. Where,

Such a separate national ceiling shall not exceed 40 % of the
in
national ceiling of
Article 112(5). That national ceiling shall be reduced by an
amount equal
in a
Member State making use of the option provided for in this
paragraph, the total number of heifers, for which an application
has been made, and which satisfy the conditions for granting
the suckler cow premium, exceeds the separate national ceiling,
the number of eligible heifers per farmer for the year in ques-
tion shall be reduced proportionately.

3. Member States:

(a) shall take the necessary measures to prevent premium rights
being transferred outside sensitive areas or regions where

2.
For the purpose of this Article, only heifers belonging to a
meat breed or born of a cross with a meat breed shall be taken
into account.

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Article 116

Slaughter premium

Bulls, steers, cows and
heifers

Calves more than 1 and
less than 8 months old
and of a carcass weight
up to 185 kg

A farmer keeping bovine animals on his holding may
1.
qualify, on application, for a slaughter premium.
It shall be
granted on the slaughter of eligible animals or their export to a
third country and within national ceilings to be determined.

The following shall be eligible for the slaughter premium:

Hungary

141 559

94 439

Malta

Poland

6 002

17

1 815 430

839 518

(a) bulls, steers, cows and heifers from the age of eight months;

Romania

1 148 000

85 000

(b) calves of more than one and less than eight months old and

Slovenia

161 137

35 852

of a carcass weight up to 185 kg.

The animals listed in points (a) and (b) of the second sub-
paragraph shall be eligible for the slaughter premium provided
for a period to be
they have been held by the farmer
determined.

2.

The amount of the premium shall be set at:

(a) EUR 80 per eligible animal as specified in paragraph 1(a);

(b) EUR 50 per eligible animal as specified in paragraph 1(b).

3.
The national ceilings referred to in paragraph 1 shall be
established per Member State and separately for both groups of
animals as specified in (a) and (b) of that paragraph. Each ceiling
shall be equal to the number of animals in each of these two
groups which, in 1995, were slaughtered in the Member State
concerned. The number of animals exported to third countries,
according to Eurostat data or any other published official statis-
tical
information for that year accepted by the Commission,
shall be added to each ceiling.

For the new Member States, the following national ceilings shall
apply:

Bulls, steers, cows and
heifers

Calves more than 1 and
less than 8 months old
and of a carcass weight
up to 185 kg

Bulgaria

22 191

101 542

Czech Republic

483 382

27 380

Estonia

Cyprus

Latvia

107 813

30 000

21 000

—

124 320

53 280

Lithuania

367 484

244 200

Slovakia

204 062

62 841

4. When,
in a given Member State, the total number of
animals for which an application has been made in respect of
one of the two groups of animals specified in point (a) or (b) of
paragraph 1 and which satisfy the conditions for granting the
slaughter premium exceeds the national ceiling laid down for
that group, the total number of eligible animals under that
group per farmer for the year in question shall be reduced
proportionately.

Article 117

Common rules on premiums

To qualify for the payments under this Section, an animal shall
be identified and registered in accordance with Regulation (EC)
No 1760/2000.

Nevertheless, an animal shall also be deemed eligible for the
payments where the information laid down in the second indent
of Article 7(1) of Regulation (EC) No 1760/2000 has been
reported to the competent authority on the first day of the
retention period of the animal as determined in accordance with
the procedure referred to in Article 141(2) of this Regulation.

Article 118

Ceilings

The sum of the amounts of each payment claimed under this
Section shall not exceed the ceiling determined by the Commis-
sion in accordance with Article 51(2).

Where the total amount of the payments claimed exceeds the
ceiling determined, the payments per farmer shall be reduced
proportionately in that year.

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Article 119

Member State

Maximum area
(ha)

Substances prohibited under Directive 96/22/EC

1. Where residues of substances prohibited under Council
Directive 96/22/EC of 29 April 1996 concerning the prohibi-
tion on the use in stockfarming of certain substances having a
hormonal or thyrostatic action and of ß-agonists (1), or residues
of substances authorised under that Directive but used illegally,
are detected pursuant
to the relevant provisions of Council
Directive 96/23/EC of 29 April 1996 on measures to monitor
in live animals and
certain substances and residues thereof
animal products (2) in an animal belonging to the bovine herd
of a farmer, or where a non-authorised substance or product or
a substance or product authorised under Directive 96/22/EC but
held illegally is found on the farmer's holding in any form, the
farmer shall be excluded, for the calendar year of that discovery,
from receiving the amounts provided for in this Section.

In the event of a repeated infringement, the length of the exclu-
sion period may, according to the seriousness of the offence, be
extended to five years as from the year in which the repeated
infringement was discovered.

If

the owner or holder of

the animals obstructs the
2.
carrying out of the inspections and the taking of samples which
are necessary for the application of national residue-monitoring
plans or the carrying out of
the investigations and checks
provided for in Directive 96/23/EC, the penalties provided for in
paragraph 1 of this Article shall apply.

CHAPTER 2

National aids

Article 120

National aid for nuts

From 2012 or where in application of Article 67 the area
1.
payment for nuts provided for in Section 4 of Chapter 1 of this
Title is integrated into the single payment scheme, Member
States may grant national aid, up to a maximum of EUR 120,75
to farmers producing the following
per hectare per year,
products:

(a) almonds falling within CN codes 0802 11 and 0802 12;

(b) hazelnuts or
and 0802 22;

filberts falling within CN codes 0802 21

(c) walnuts falling within CN codes 0802 31 and 0802 32;

(d) pistachios falling within CN codes 0802 50;

(e) locust beans falling within CN codes 1212 10 10.

2.

The national aid may be paid only for a maximum area of:

(1) OJ L 125, 23.5.1996, p. 3.
(2) OJ L 125, 23.5.1996, p. 10.

Belgium

Bulgaria

Germany

Greece

Spain

France

Italy

Cyprus

Luxembourg

Hungary

Netherlands

Poland

Portugal

Romania

Slovenia

Slovakia

United Kingdom

100

11 984

1 500

41 100

568 200

17 300

130 100

5 100

100

2 900

100

4 200

41 300

1 645

300

3 100

100

3. Member States may make the granting of national aid
a producer
conditional on farmers being members of
organisation recognised under Article 125b of Regulation (EC)
No 1234/2007.

TITLE V

IMPLEMENTATION OF DIRECT PAYMENTS IN THE NEW
MEMBER STATES

CHAPTER 1

General provisions

Article 121

Introduction of direct payments

In the new Member States other than Bulgaria and Romania,
direct payments shall be introduced in accordance with the
following schedule of increments expressed as a percentage of
the then applicable level of such payments in the Member States
other than the new Member States:

— 60 % in 2009,

— 70 % in 2010,

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— 80 % in 2011,

— 90 % in 2012,

— 100 % as from 2013.

Article 123

Annual financial envelope

In Bulgaria and Romania, direct payments shall be introduced in
accordance with the following schedule of increments expressed
as a percentage of the then applicable level of such payments in
the Member States other than the new Member States:

1.
For any new Member State, the Commission shall establish
an annual financial envelope as the sum of the funds that would
be available in respect of
the calendar year concerned for
granting direct payments in the new Member State.

— 35 % in 2009,

— 40 % in 2010,

— 50 % in 2011,

— 60 % in 2012,

— 70 % in 2013,

— 80 % in 2014,

— 90 % in 2015,

— 100 % as from 2016.

CHAPTER 2

Single area payment scheme

Article 122

Single area payment scheme

1.
The new Member States having decided to replace the
direct payments, with the exception, for 2009, 2010 and 2011,
of the transitional soft fruit payment established in Section 9 of
Chapter 1 of Title IV of this Regulation, and, for 2009, of the
energy crops payment referred to in Chapter 5 of Title IV of
Regulation (EC) No 1782/2003, with a single area payment
scheme shall grant aid to farmers in accordance with this
Article.

The single area payment shall be granted on an annual
2.
basis.
financial
It shall be calculated by dividing the annual
envelope established in accordance with Article 123 by the agri-
cultural area of each new Member State established in accord-
ance with Article 124.

3.
The single area payment scheme shall be available until
31 December 2013. The new Member States shall notify the
Commission of their intention to terminate the application of
the scheme by 1 August of the last year of application.

After the end of the period of application of the single
4.
area payment scheme, the direct payments shall be applied in
accordance with the relevant Community rules and on the basis
of the quantitative parameters, such as base area, premium ceil-
ings and maximum guaranteed quantities, specified in the 2003
and 2005 Acts of Accession and subsequent Community legisla-
tion for each direct payment. The percentage rates set out in
Article 121 of this Regulation for the relevant years shall subse-
quently apply.

The annual financial envelope shall be established according
to the relevant Community rules and on the basis of
the
quantitative parameters, such as base areas, premium ceilings
and maximum guaranteed quantities, specified in the 2003
and 2005 Acts of Accession and subsequent Community legisla-
tion for each direct payment.

The annual financial envelope shall be adjusted using the rele-
vant percentage specified in Article 121 for the gradual intro-
duction of direct payments, except for the amounts available in
accordance with Annex XV or in accordance with the differen-
tial between these amounts or the amounts corresponding to
the fruit and vegetable sector and those actually applied as
referred to in Article 130(1).

2. Where in a given year the single area payments in a new
Member State would exceed its annual financial envelope, the
national amount per hectare applicable in that new Member
State shall be reduced proportionately by applying a reduction
coefficient.

Article 124

Area under the single area payment scheme

The agricultural area of a new Member State other than
1.
Bulgaria and Romania under the single area payment scheme
shall be the part of its utilised agricultural area which was main-
tained in good agricultural condition on 30 June 2003, whether
or not
that date, and, where appropriate,
adjusted in accordance with the objective and non-discrimina-
tory criteria to be set by that new Member State after approval
by the Commission.

in production at

‘utilised agricultural area’ shall
For the purposes of this Title,
mean the total area taken up by arable land, permanent grass-
land, permanent crops and kitchen gardens as established by the
Commission for its statistical purposes.

For Bulgaria and Romania, the agricultural area under the single
area payment scheme shall be the part of its utilised agricultural
area which is maintained in good agricultural condition,
whether or not in production, where appropriate adjusted in
accordance with the objective and non-discriminatory criteria to
be
approval by the
Commission.

set by Bulgaria or Romania

after

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2.
For the purpose of granting payments under the single
area payment scheme, all agricultural parcels corresponding to
the criteria provided for in paragraph 1, as well as agricultural
(CN code
parcels planted with short
ex 0602 90 41) which were maintained in good agricultural
condition on 30 June 2003, shall be eligible. However,
for
Bulgaria and Romania, all agricultural parcels corresponding to
the criteria provided for in paragraph 1, as well as agricultural
(CN code
parcels planted with short
ex 0602 90 41), shall be eligible.

rotation coppice

rotation coppice

Except in the case of force majeure or exceptional circumstances,
the parcels referred to in the first subparagraph shall be at the
farmer's disposal on the date fixed by the Member State which
shall be no later than the date fixed in that Member State for
amendment of the aid application.

The minimum size of eligible area per holding for which
payments may be requested shall be 0,3 ha. However, any new
Member State may decide, on the basis of objective criteria and
after approval by the Commission, to set the minimum size at a
higher level not exceeding 1 ha.

There shall be no obligation to produce or to employ the
3.
factors of production. However,
farmers may use the land
referred to in paragraph 4 of this Article for any agricultural
purpose. In the case of the production of hemp, Article 39 shall
apply.

4.
Any land benefiting from payments under the single area
payment scheme shall be maintained in good agricultural and
environmental condition in accordance with Article 6.

Any farmer
scheme

the single area
5.
payment
statutory management
requirements referred to in Annex II in accordance with the
following timetable:

receiving support under
shall

respect

the

(a) requirements referred to in Point A of Annex II shall apply

from 1 January 2009;

(b) requirements referred to in Point B of Annex II shall apply

from 1 January 2011;

(c) requirements referred to in Point C of Annex II shall apply

from 1 January 2013.

6.
For Bulgaria and Romania, the application of Articles 4, 5,
23, 24 and 25 shall be optional until 31 December 2011
insofar as those provisions relate to statutory management
requirements. As from 1 January 2012 a farmer receiving
payments under
the single area payment scheme in those
Member States shall fulfil the statutory management require-
ments referred to in Annex II in accordance with the following
timetable:

(a) requirements referred to in Point A of Annex II shall apply

from 1 January 2012;

(b) requirements referred to in Point B of Annex II shall apply

from 1 January 2014;

(c) requirements referred to in Point C of Annex II shall apply

from 1 January 2016.

The new Member States may also apply the options
7.
provided for in paragraphs 5 and 6 where they decide to termi-
nate the application of the single area payment scheme before
the
in
Article 122(3).

application provided for

the period of

end of

8.
The application of the single area payment scheme shall in
no way affect the obligation of any new Member State with
regard to the implementation of Community rules on the identi-
fication and registration of animals as provided for by Regu-
lation (EC) No 1760/2000 and Regulation (EC) No 21/2004.

Article 125

Communication

The new Member States shall inform the Commission in detail
of the measures taken to implement this Chapter, and in par-
ticular the measures taken pursuant to Article 123(2).

CHAPTER 3

Separate payments and specific support

Article 126

Separate sugar payment

the
1. Where a new Member State has made use of
option provided for by Article 143ba of Regulation (EC)
No 1782/2003,
to
farmers eligible under the single area payment scheme. This
payment shall be granted on the basis of the criteria adopted by
the relevant Member States in 2006 and 2007.

it shall grant a separate sugar payment

The separate sugar payment shall be granted within the

2.
limits of the ceilings set out in Annex XV.

3.
By way of derogation from paragraph 2, each new
Member State concerned may decide, by 31 March of the year
in respect of which the separate sugar payment is granted and
on the basis of objective criteria, to apply for the separate sugar
payment a ceiling lower than that listed in Annex XV. Where
the sum of the amounts determined in accordance with para-
graph 1 exceeds the ceiling decided by the new Member State
concerned, the annual amount to be granted to the farmers
shall be reduced proportionally.

Article 127

Separate fruit and vegetables payment

for

1. Where a new Member State has made use of the option
in Article
provided
(EC)
it shall grant a separate fruit and vegetables
No 1782/2003,
payment
to farmers eligible under the single area payment
scheme. This payment shall be granted in accordance with the
criteria adopted by the Member State in 2007.

Regulation

143bb

of

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The separate fruit and vegetables payment shall be granted
2.
within the limits of
the national ceiling
the component of
referred to in Article 40 of this Regulation corresponding to
fruit and vegetables or, where a new Member State made use of
the option provided for in Article 143bb(3) of Regulation (EC)
No 1782/2003, at a lower ceiling.

Article 128

Separate transitional fruit and vegetables payment

(a) to integrate all or part of those payments into the single
area payment scheme. In this case, by way of derogation
from Article 130 of this Regulation, the amounts concerned
shall be included in the annual financial envelope referred to
in Article 123(1) of this Regulation; or

(b) to integrate all or part of those payments into the separate
fruit and vegetable payment referred to in Article 127 of
In this case, the new payment shall be
this Regulation.
granted on the basis of objective and non-discriminatory
criteria such as those set out in paragraph 2 of point A of
Annex IX to this Regulation and in respect of a representa-
tive period ending in 2008.

for

in Article 143bc(1)

1. Where a new Member State has made use of the option
provided
(EC)
No 1782/2003, it may retain, up to 31 December 2011, up to
50 % of
the component of national ceilings referred to in
Article 40 of this Regulation corresponding to tomatoes falling
within CN code 0702 00 00 in accordance with its decision
of 2007.

of Regulation

In this case and within the limit of the ceiling fixed in accord-
ance with the procedure referred to in Article 141(2) of this
Regulation, the Member State concerned shall make, on a yearly
basis, an additional payment to farmers.

Article 129

Separate soft fruit payment

to grant

1.
By way of derogation from Article 122, the new Member
States applying the single area payment scheme may decide, by
1 August 2011,
fruit
payment.
It shall be granted on the basis of objective and
non-discriminatory criteria such as the payments received under
the transitional soft fruit payment provided for in Article 98
and in respect of a representative period to be fixed by that
Member State but no later than 2008.

from 2012 a separate soft

The additional payment shall be granted to farmers producing
tomatoes under the conditions provided for in Section 8 of
Chapter 1 of Title IV of this Regulation.

2.
The separate soft fruit payment shall be granted within the
limits of the amounts referred to in Annex XII corresponding to
the soft fruit payment.

2. Where a new Member State has made use of the option
(EC)
provided
No 1782/2003, it may retain, in accordance with its decision
of 2007:

in Article 143bc(2)

of Regulation

for

(a) up to 31 December 2010, up to 100 % of the component
of national ceilings referred to in Article 40 of this Regu-
lation corresponding to the fruit and vegetable crops other
than annual crops listed in the third subparagraph of
Article 54(2) of this Regulation;

the component of national ceilings

(b) from 1 January 2011 up to 31 December 2012, up to 75 %
of
referred to in
Article 40 of this Regulation corresponding to fruit and
vegetable crops other than annual crops listed in the third
subparagraph of Article 54(2) of this Regulation.

In this case and within the limit of the ceiling fixed in accord-
ance with the procedure referred to in Article 141(2) of this
Regulation, the Member State concerned shall make, on a yearly
basis, an additional payment to farmers.

The additional payment shall be granted to farmers producing
one or more of the fruit and vegetables products, as determined
by the Member State concerned, listed in the third subparagraph
of Article 54(2) of this Regulation.

3.
In 2012, Member States applying this Article may grant
national aid in addition to the separate soft fruit payment. The
total amount of Community and national aid shall not exceed
the following ceilings:

— Bulgaria: EUR 960 000,

— Latvia: EUR 160 000,

— Lithuania: EUR 240 000,

— Hungary: EUR 680 000,

— Poland: EUR 19 200 000.

Article 130

Common provisions for the separate payments

1.
The funds made available for granting the payment
referred to in Articles 126, 127, 128 and 129 shall not be
included in the annual
financial envelope referred to in
Article 123(1). However, where Article 126(3) is applied, the
differential between the ceiling listed in Annex XV and that actu-
ally applied shall be included in the annual financial envelope
referred to in Article 123(1).

The new Member States having made use of the options
3.
provided for in Article 143bc of Regulation (EC) No 1782/2003
may decide, by 1 August 2009, to review the decision taken
in 2007 with a view either:

Article 132 shall not apply to the separate payments
2.
referred to in Articles 127, 128 and 129. Except in the case of
Bulgaria and Romania, Article 132 shall not apply to the sepa-
rate payments referred to in Article 126.

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3.
In the event of actual or anticipated inheritance, the sepa-
rate sugar payment referred to in Article 126, the separate fruit
and vegetables payment referred to in Article 127 and the sepa-
fruit payment referred to in Article 129 shall be
rate soft
granted to the farmer who inherited the holding, on condition
that
the single area payment
scheme.

is eligible under

this farmer

Article 131

Specific support

1.
The new Member States applying the single area payment
scheme may decide, by 1 August 2009, 1 August 2010 or
1 August 2011, to use, from the year following that decision,
up to 10 % of their national ceilings referred to in Article 40 to
grant support to farmers as set out in Article 68(1) and in
accordance with Chapter 5 of Title III, as applicable to them.

(a) with regard to all direct payments, up to 30 percentage
points above the applicable level referred to in Article 121
in the relevant year. As far as Bulgaria and Romania are
concerned, the following shall apply: 65 % of the level of
direct payments
in the Community as constituted on
30 April 2004 in 2009 and from 2010 up to 50 percentage
points above the applicable level referred to in the second
paragraph of Article 121 in the relevant year. However, the
Czech Republic may complement direct payments in the
potato starch sector up to 100 % of the level applicable in
the Member States other than the new Member States. For
the direct payments referred to in Chapter 7 of Title IV of
Regulation (EC) No 1782/2003, the new Member States
may complement the direct payments up to 100 %. As far
as Bulgaria and Romania are concerned,
the following
maximum rates shall apply: 95 % in 2009 and 100 % as
from 2010;

2.
By way of derogation from Article 68(4)(c), support for
measures referred to in Article 68(1)(c) shall take the form of an
increase in the per hectare amounts granted under the single
area payment scheme.

(b)

The second subparagraph of Article 68(3) shall not apply to the
new Member States applying the single area payment scheme.

3.
By way of derogation from Article 69(6), new Member
States applying the single area payment scheme referred to in
Article 122 shall raise the funds needed to cover the support
referred to in paragraph 1 of this Article by:

(a) reducing their annual
Article 123; and/or

financial envelope referred to in

(b) making a linear reduction in the direct payments other than

the single area payment scheme.

4.
The amounts referred to in paragraph 1 of this Article
shall be set by the Commission in accordance with the proce-
dure referred to in Article 141(2).

These amounts shall be deducted from the annual
financial
envelopes referred to in Article 123(1) of the new Member
States concerned.

CHAPTER 4

Complementary national direct payments and direct payments

Article 132

Complementary national direct payments

and direct

payments

For

this Article,

the purposes of

1.
‘CAP-like national
scheme’ shall mean any national direct payment scheme applic-
able prior to the date of accession of the new Member States
under which the support was granted to farmers in respect of
production covered by one of the direct payments.

or

(i) with regard to direct payments other than the single
payment scheme, up to the total level of direct support
the farmer would have been entitled to receive, on a
product by product basis, in the new Member State in
the calendar year 2003 under a CAP-like national
scheme increased by 10 percentage points. However, for
Lithuania, the reference year shall be the calendar year
the reference year
2002. For Bulgaria and Romania,
shall be the calendar year 2006. For Slovenia,
the
increase shall be 25 percentage points;

(ii) with regard to the single payment scheme, up to the
total amount of complementary national direct aid
which may be granted by a new Member State in
respect of a given year shall be limited by a specific
financial envelope. This envelope shall be equal to the
difference between:

— the total amount of CAP-like national direct support
that would be available in the relevant new Member
State in respect of the calendar year 2003 or, in the
case of Lithuania, of the calendar year 2002, each
time increased by 10 percentage points. However,
for Bulgaria and Romania, the reference year shall be
the calendar year 2006. For Slovenia, the increase
shall be 25 percentage points, and

— the national ceiling of that new Member State listed
in Annex VIII adjusted, where appropriate, in accord-
ance with Article 51(2).

For the purpose of calculating the total amount referred
to in the first indent of this subpoint, the national direct
payments or their components corresponding to the
Community direct payments or their components which
were taken into account
for calculating the effective
ceiling of the new Member State concerned in accord-
ance with Article 40 and Article 51(2) shall be included.

2.
The new Member States shall have the possibility, subject
to authorisation by the Commission, to complement any direct
payments:

For each direct payment concerned, a new Member State
may choose to apply either point (a) or (b) of the first
subparagraph.

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including all

The total direct support which a farmer may be granted
in the new Member States after accession under the rele-
vant direct payment,
complementary
national direct payments, shall not exceed the level of
direct support a farmer would be entitled to receive
under the corresponding direct payment then applicable
to the Member States in the Member States other than
the new Member States, from 2012, taking into account
the application of Article 7 in conjunction with
Article 10.

Cyprus may complement the direct aid paid to a farmer
3.
under any direct payments for the support schemes listed in
Annex I up to the total level of support the farmer would have
been entitled to receive in Cyprus in 2001.

The Cypriot authorities shall ensure that the total direct support
a farmer is granted after accession in Cyprus under the relevant
including all complementary national direct
direct payment,
in no event exceeds the level of direct support a
payments,
farmer would be entitled to receive under that direct payment
in the relevant year in the Member States other than the new
Member States.

provided for
Regulation.

in Article 51(2) and Article 68 of

this

This envelope shall be equal to the difference between:

(a) the total amount of support per (sub)sector resulting from
the application of point (a) or (b) of the first subparagraph
of paragraph 2, as appropriate; and

(b) the total amount of direct support that would be available
in the relevant new Member State for the same (sub)sector
the single area payment
in the year concerned under
scheme.

6.
The new Member State may decide, on the basis of objec-
tive criteria and after authorisation by the Commission, on the
amounts of complementary national aid to be granted.

7.

The authorisation by the Commission shall:

(a) where point (b) of the first subparagraph of paragraph 2
relevant CAP-like national direct

specify the

applies,
payment schemes;

The total amounts of complementary national aid to be granted
shall be those indicated in Annex XVI.

(b) define the level up to which the complementary national aid
may be paid, the rate of the complementary national aid
and, where appropriate,
the conditions for the granting
thereof;

The complementary national aid to be granted shall be subject
to any adjustments which may be rendered necessary by devel-
opments in the CAP.

(c) be granted subject

to any adjustments which may be

rendered necessary by developments in the CAP.

Paragraphs 2 and 5 shall not apply to Cyprus.

4.
If a new Member State decides to apply the single area
payment scheme, that new Member State may grant comple-
mentary national direct aid under the conditions referred to in
paragraphs 5 and 8.

5.
The total amount of complementary national aid granted
in that year when applying the single area payment scheme may
be limited by a specific financial envelope per
(sub)sector
provided that such a (sub)sector specific financial envelope may
only relate to:

(a) the combined direct payments

to the single payment

scheme; and/or

(b) for 2009, one or more of the direct payments that are
excluded or may be excluded from the single payment
scheme in accordance with Article 70(2) of Regulation (EC)
No 1782/2003 or may be subject to partial implementation
as referred to in Article 64(2) of that Regulation;

(c) from 2010, one or more of the direct payments that may
be subject to partial implementation or specific support as

8.
No complementary national payments or aid shall be
granted for agricultural activities in respect of which direct
payments are not provided for in the Member States other than
the new Member States.

Article 133

State aid in Cyprus

Cyprus may, in addition to the complementary national direct
payments, grant transitional and digressive national aid until the
end of 2012. This State aid shall be granted in a form similar to
Community aid, such as decoupled payments.

Taking into account the nature and amount of national support
granted in 2001, Cyprus may grant State aid to the (sub)sectors
listed in Annex XVII and up to the amounts specified in that
Annex.

The State aid to be granted shall be subject to any adjustments
which may be rendered necessary by developments in the CAP.
Should such adjustments prove necessary, the amount of the aid
or the conditions for the granting thereof shall be amended on
the basis of a decision by the Commission.

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Cyprus shall submit an annual report to the Commission on the
implementation of the State aid measures, indicating the forms
of aid and amounts per (sub)sector.

Paragraph 1 of

3.
this Article shall not prejudice the
Commission's power to take decisions referred to in Article 31
of Regulation (EC) No 1290/2005 in relation to expenditure
incurred for payments granted in respect of any calendar year
up to 2009 included.

TITLE VI

FINANCIAL TRANSFERS

Article 134

Article 138

Application to the outermost regions

Financial transfer for restructuring in the cotton regions

Titles III and IV shall not apply to the French overseas depart-
ments, to the Azores and Madeira nor to the Canary Islands.

An amount of EUR 22 000 000 shall be available per calendar
year as additional Community support for measures in cotton
producing regions under
rural development programming
financed under the EAFRD.

Article 135

Financial transfer for restructuring in the tobacco regions

an

2011,

amount

financial

from the

As
of
year
EUR 484 000 000 shall be available as additional Community
support for measures in tobacco producing regions under rural
development programming financed under the EAFRD for those
Member States in which the tobacco producers received aid in
accordance with Council Regulation (EEC) No 2075/92 of
30 June 1992 on the common organization of the market in
raw tobacco (1) during 2000, 2001 and 2002.

Article 136

Transfer to EAFRD

Member States may decide, by 1 August 2009, to make an
amount to be calculated in accordance with Article 69(7) avail-
able from the financial year 2011 for Community support
under rural development programming and financing under the
EAFRD instead of having recourse to Article 69(6)(a).

TITLE VII

IMPLEMENTING, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER 1

Implementing provisions

Article 137

Article 139

State aid

By way of derogation from Article 180 of Regulation (EC)
No 1234/2007 and Article 3 of Council Regulation (EC)
No 1184/2006 of 24 July 2006 applying certain rules of
competition to the production of, and trade in, agricultural
products (2), Articles 87, 88 and 89 of the Treaty shall not
apply to payments made under Articles 41, 57, 64, 68, 69, 70
and 71, Article 82(2), Article 86, Article 98(4), Article 111(5),
Article 120, Article 129(3) and Articles 131, 132 and 133 of
this Regulation by Member States in conformity with this
Regulation.

Article 140

Transmission of information to the Commission

inform the Commission in detail of the
Member States shall
measures taken to implement this Regulation and, in particular,
those relating to Articles 6, 12, 28, 41, 45, 46, 47, 48, 51, 57,
58, 68, 69, 70, 71, 72 and 131.

Article 141

Management Committee for Direct Payments

The Commission shall be assisted by a Management

1.
Committee for Direct Payments.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply.

The period provided for
1999/468/EC shall be set at one month.

in Article 4(3) of Decision

Confirmation of payment entitlements

1.
Payment entitlements allocated to farmers before 1 January
2009 shall be deemed legal and regular as from 1 January
2010.

2.
Paragraph 1 shall not apply to payment entitlements allo-
cated to farmers on the basis of factually incorrect applications
except in cases where the error could not reasonably have been
detected by the farmer.

Article 142

Implementing rules

In accordance with the procedure referred to in Article 141(2),
detailed rules shall be adopted for the implementation of this
Regulation. They shall include in particular:

(a) detailed rules relating to the establishment of a farm advi-

sory system;

(1) OJ L 215, 30.7.1992, p. 70.

(2) OJ L 214, 4.8.2006, p. 7.

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(b) detailed rules relating to the criteria for the allocation of
amounts made available by the application of modulation;

(q) communications between the Member States and the

Commission;

(c) detailed rules for the granting of aid provided for in this
Regulation, including eligibility conditions, dates of applica-
tion and payment and control provisions as well as for
checking and establishing entitlement to the aids including
any necessary exchange of data with the Member States,
and for the establishment of the overrun of the base areas
or maximum guaranteed areas as well as detailed rules
concerning the determination of the retention period, the
withdrawal and reallocation of unused premium rights
established under Sections 10 and 11 of Chapter 1 of
Title IV;

(d) with regard to the single payment scheme, detailed rules
relating in particular to the establishment of the national
reserve, the transfer of payment entitlements, the definition
of permanent crops, permanent pastures and grassland, the
options provided for in Chapters 2 and 3 of Title III and
the integration of coupled payments provided for
in
Chapter 4 of Title III;

(e) detailed rules relating to the implementation of the provi-

sions in Title V;

(f) detailed rules relating to the inclusion of fruit and vegeta-
bles, ware potatoes and nurseries support into the single
including the application procedure in
payment scheme,
the first year of
implementation, and relating to the
payments referred to in Sections 8 and 9 of Chapter 1 of
Title IV;

(g) detailed rules relating to the inclusion of wine support into
the single payment scheme, including the application proce-
dure in the first year of implementation, in accordance with
Regulation (EC) No 479/2008;

(h) with regard to hemp, detailed rules relating to the specific
control measures and methods for determining tetrahydro-
cannabinol levels;

(i) such amendments to Annex I as may become necessary,

taking into account the criteria set out in Article 1;

(r) measures which are both necessary and duly justified to
resolve, in an emergency, practical and specific problems, in
particular those relating to the implementation of Chapter 4
of Title II and Chapters 2 and 3 of Title III; such measures
may derogate from certain parts of this Regulation, but
only to the extent, and for such a period as is, strictly
necessary;

(s) with regard to cotton, detailed rules in respect of:

(i) the calculation of the reduction in the aid provided for

in Article 90(4);

(ii) the approved inter-branch organisations,

in particular

their financing and a control and sanction system.

CHAPTER 2

Transitional and final provisions

Article 143

Amendments of Regulation (EC) No 1290/2005

Regulation (EC) No 1290/2005 is amended as follows:

1. Article 12(2) shall be replaced by the following:

set

the

The Commission shall

‘2.
amounts which,
pursuant to Articles 9, 10(4), 134, 135 and 136 of Council
Regulation (EC) No 73/2009 of 19 January 2009 estab-
lishing common rules for direct support schemes for farmers
the common agricultural policy and establishing
under
certain support schemes for
farmers (*), Article 4(1) of
Council Regulation (EC) No 378/2007 of 27 March 2007
laying down rules
for voluntary modulation of direct
payments provided for in Regulation (EC) No 1782/2003 (**)
and Article 23(2) of Council Regulation (EC) No 479/2008
of 29 April 2008 on the common organisation of
the
market in wine (***), are made available to the EAFRD.

(j) such amendments to Annexes V and IX as may become
in particular new Com-

taking into account

necessary,
munity legislation;

(*) OJ L 30, 31.1.2009, p. 16.
(**) OJ L 95, 5.4.2007, p. 1.
(***) OJ L 148, 6.6.2008, p. 1.’;

(k) the basic features of

the identification system for agri-

cultural parcels and their definition;

2. Article 18(3) shall be replaced by the following:

(l) any amendments which may be made to the aid application
and exemption from the requirement to submit an aid
application;

(m) rules on the minimum amount of
included in the aid applications;

information to be

(n) rules on the administrative controls, on the on-the-spot

checks and on the checks by remote sensing;

(o) rules on the application of reductions and exclusions from
payments in the event of non-compliance with the obliga-
tions referred to in Articles 4 and 22, including cases of
non-application of reductions and exclusions;

(p) such amendments to Annex VI as may become necessary,

taking into account the criteria set out in Article 26;

‘3.
National ceilings for direct payments referred to in
Article 8(2) of Regulation (EC) No 73/2009, corrected by the
adjustments laid down in Article 11(1) of that Regulation,
shall be deemed to be financial ceilings in euro.’.

Article 144

Amendments of Regulation (EC) No 247/2006

Regulation (EC) No 247/2006 is amended as follows:

1. Article 23(2) shall be replaced by the following:

‘2.
The Community shall finance the measures provided
for in Titles II and III of this Regulation up to an annual
maximum as follows:

31.1.2009

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Official Journal of the European Union

L 30/65

Financial year
2007

Financial year
2008

Financial year
2009

Financial year
2010

(EUR million)

Financial year
2011 and
subsequent

French overseas depart-
ments

Azores and Madeira

Canary Islands

126,6

262,6

269,4

273,0

278,41

77,9

127,3

86,98

268,4

87,08

268,4

87,18

268,4

106,21

268,42’

2. The following Article shall be inserted:

2. In Article 3(1), point (a) shall be replaced by the following:

‘Article 24b

draft

By 1 August 2009, Member States shall submit to the
1.
Commission the
to their overall
amendments
programme to reflect the changes made to Article 23(2) by
Council Regulation (EC) No 73/2009 of 19 January 2009
establishing common rules for direct support schemes for
farmers under the common agricultural policy and estab-
lishing certain support schemes for farmers (*).

evaluate

The Commission shall

amendments
2.
submitted and decide on their approval within four months
of
submission in accordance with the procedure
referred to in Article 26(2). The amendments shall apply
from 1 January 2010.

their

the

(*) OJ L 30, 31.1.2009, p. 16.’

Article 145

Amendments of Regulation (EC) No 378/2007

Regulation (EC) No 378/2007 is amended as follows:

1. Article 1 shall be amended as follows:

(a) paragraph 3 shall be replaced by the following:

‘3.
Reductions under voluntary modulation shall be
made on the same basis of calculation as that applicable
to modulation pursuant to Article 7 of Council Regu-
lation (EC) No 73/2009 of 19 January 2009 establishing
common rules for direct support schemes for farmers
under the common agricultural policy and establishing
certain support schemes for farmers (*).

(*) OJ L 30, 31.1.2009, p. 16.’

‘(a) by derogation from Article 1(3) of this Regulation, to
apply the reductions under modulation on the basis of
to
calculation applicable
Article 7 of Regulation (EC) No 73/2009, without taking
into account the exclusion of EUR 5 000 provided for in
paragraph 1 of that Article; and/or’.

to modulation pursuant

Article 146

Repeals

1.

Regulation (EC) No 1782/2003 is hereby repealed.

However, Articles 20(2), 64(2), 66, 67, 68, 68a, 68b, 69,
70(1)(b) and (2) and Chapters 1 (durum wheat), 5 (energy
crops), 7 (dairy premium), 10 (arable crops area payment), 10b
(aid for olive groves), 10c (tobacco production aid) and 10d
(hops area payment) of Title IV of that Regulation shall continue
to apply for 2009.

The references made in this Regulation to Regulation (EC)
2.
No 1782/2003 shall be understood as referring to that Regu-
lation such as it was in force before its repeal.

References made in other acts to Regulation (EC) No 1782/2003
shall be construed as being made to this Regulation and shall be
read in accordance with the correlation table set out
in
Annex XVIII.

Article 147

Transitional rules

The Commission, in accordance with the procedure referred to
in Article 141(2), may adopt the measures required to facilitate
the transition from the arrangements provided for in Regulation
(EC) No 1782/2003 to those established by this Regulation.

(b) the following paragraph shall be added:

Article 148

‘5.
The modulation rates applicable to a farmer
resulting from the application of Article 7 of Regulation
(EC) No 73/2009 reduced by 5 percentage points shall
be deducted from the rate of voluntary modulation
applied by Member States pursuant to paragraph 4 of
this Article. Both the percentage to be deducted and the
final voluntary modulation rate shall be equal
to or
higher than 0.’;

Transitional arrangements for the new Member States

Where transitional measures are necessary in order to facilitate,
for the new Member States, the transition from the single area
payment scheme to the single payment scheme and other aid
schemes referred to in Titles III and IV, such measures shall be
adopted in accordance with the procedure referred to in
Article 141(2).

L 30/66

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Official Journal of the European Union

31.1.2009

Article 149

Entry into force and application

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

It shall apply from 1 January 2009.

However:

(a) Article 138 shall apply from 1 January 2010;

(b) the standards on establishment/and or retention of habitats,
compliance with authorisation procedures in case of use of
water
landscape
irrigation and the specification of
features, as provided for in Annex III, shall apply from
1 January 2010;

for

(c) the standard on establishment of buffer strips along water
courses, as provided for in Annex III, shall apply from
1 January 2010 at the earliest and by 1 January 2012 at the
latest.

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

Done at Brussels, 19 January 2009.

For the Council

The President

P. GANDALOVIČ

31.1.2009

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Official Journal of the European Union

L 30/67

ANNEX I

List of support schemes

Sector

Legal base

Notes

Single payment

Title III of this Regulation

Decoupled payment

Single area payment scheme

Title V, Chapter 2 of this Regulation Decoupled payment replacing all

the
direct payments listed in this Annex,
except separate payments

Durum wheat

Protein crops

Rice

Nuts

Energy crops

Starch potatoes

Seeds

Arable crops

Title IV, Chapter 1 of Regulation (EC)
No 1782/2003 (*)

Area payment

Title IV, Chapter 1, Section 3 of this
Regulation

Area payment

Title IV, Chapter 1, Section 1 of this
Regulation

Area payment

Title IV, Chapter 1, Section 4 of this
Regulation

Area payment

Title IV, Chapter 5 of Regulation (EC)
No 1782/2003 (*)

Area payment

Title IV, Chapter 1, Section 2 of this
Regulation

Production aid for growers

Title IV, Chapter 1, Section 5 of this
Regulation

Production aid

Title IV, Chapter 10 of Regulation
(EC) No 1782/2003 (*)

Area payment

Sheepmeat and goatmeat

Title IV, Chapter 1, Section 10 of this
Regulation

Ewe and goat premiums

Beef and veal

Title IV, Chapter 1, Section 11 of this
Regulation

Specific types of farming and quality
production

Article
of
No 1782/2003 (*)

69

Regulation

(EC)

Specific support

Title III, Chapter 5 of this Regulation

suckler

premium,

cow
Special
premium (including when paid for
heifers and including the additional
national suckler cow premium when
part-financed), and slaughter premium

Olive groves

Silkworms

Tobacco

Hops

Sugar beet, cane and chicory used for
the production of
inulin
syrup

sugar or

Title IV, Chapter 10b of Regulation
(EC) No 1782/2003 (*)

Area aid

Article 111 of Regulation
No 1234/2007

(EC)

Aid to encourage rearing

Title IV, Chapter 10c of Regulation
(EC) No 1782/2003 (*)

Production aid

Title IV, Chapter 10d of Regulation
(EC) No 1782/2003 (*)

Area aid

Article 126 of this Regulation

Decoupled payments

L 30/68

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Official Journal of the European Union

31.1.2009

Sector

Legal base

Notes

Sugar beet and cane used for
production of sugar

the

Title IV, Chapter 1, Section 7 of this
Regulation

Production aid

and vegetables delivered for

Fruit
processing

Title IV, Chapter 1, Section 8 of this
Regulation

Transitional
payments

fruit

and

vegetables

Strawberries and raspberries delivered
for processing

Title IV, Chapter 1, Section 9 of this
Regulation

Transitional soft fruit payment

Fruit and vegetables

Article 127 of this Regulation

Separate fruit and vegetables payment

Posei

Aegean islands

Cotton

(*) Only for 2009.

III

Title
No 247/2006

of

Chapter
No 1405/2006

3

of

Regulation

(EC)

Direct payments under measures estab-
lished in the programmes

Regulation

(EC)

Direct payments under measures estab-
lished in the programmes

Title IV, Chapter 1, Section 6 of this
Regulation

Area payment

31.1.2009

EN

Official Journal of the European Union

L 30/69

ANNEX II

Statutory management requirements referred to in Articles 4 and 5

Point A.

Environment

1.

2.

3.

4.

5.

Council Directive 79/409/EEC of 2 April 1979 on the conserva-
tion of wild birds (OJ L 103, 25.4.1979, p. 1)

Article 3(1), Article 3(2)(b), Article 4(1), (2)
and (4) and Article 5(a), (b) and (d)

Council Directive 80/68/EEC of 17 December 1979 on the
protection of groundwater against pollution caused by certain
dangerous substances (OJ L 20, 26.1.1980, p. 43)

Articles 4 and 5

Council Directive 86/278/EEC of 12 June 1986 on the protection
of the environment, and in particular of the soil, when sewage
sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6)

Article 3

Council Directive 91/676/EEC of 12 December 1991 concerning
the protection of waters against pollution caused by nitrates from
agricultural sources (OJ L 375, 31.12.1991, p. 1)

Articles 4 and 5

Council Directive 92/43/EEC of 21 May 1992 on the conserva-
tion of natural habitats and of wild flora and fauna (OJ L 206,
22.7.1992, p. 7)

Article 6 and Article 13(1)(a)

Public and animal health

Identification and registration of animals

6.

7.

8.

Council Directive 2008/71/EC of 15 July 2008 on identification
and registration of pigs (OJ L 213, 8.8.2005, p. 31)

Articles 3, 4 and 5

Regulation (EC) No 1760/2000 of the European Parliament and
of the Council of 17 July 2000 establishing a system for the iden-
tification and registration of bovine animals and regarding the
labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1)

Articles 4 and 7

Council Regulation (EC) No 21/2004 of 17 December 2003
establishing a system for the identification and registration of
ovine and caprine animals (OJ L 5, 9.1.2004, p. 8)

Articles 3, 4 and 5

Point B.

Public, animal and plant health

9.

10.

11.

12.

Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ L 230,
19.8.1991, p. 1)

Article 3

Council Directive 96/22/EC of 29 April 1996 concerning the
prohibition on the use in stockfarming of certain substances
having a hormonal or thyrostatic action and of beta-agonists
(OJ L 125, 23.5.1996, p. 3)

Article 3(a), (b), (d) and (e) and Articles 4, 5
and 7

Regulation (EC) No 178/2002 of the European Parliament and of
the Council of 28 January 2002 laying down the general princi-
food law, establishing the European
ples and requirements of
Food Safety Authority and laying down procedures in matters of
food safety (OJ L 31, 1.2.2002, p. 1)

Articles 14 and 15, Article 17(1) (1) and
Articles 18, 19 and 20

Regulation (EC) No 999/2001 of the European Parliament and of
the Council of 22 May 2001 laying down rules for the preven-
tion, control and eradication of certain transmissible spongiform
encephalopathies (OJ L 147, 31.5.2001, p. 1)

Articles 7, 11, 12, 13 and 15

L 30/70

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Official Journal of the European Union

31.1.2009

Notification of diseases

13.

14.

15.

Council Directive 85/511/EEC of 18 November 1985 introducing
Community measures for the control of foot-and-mouth disease
(OJ L 315, 26.11.1985, p. 11)

Article 3

Council Directive 92/119/EEC of 17 December 1992 introducing
general Community measures for the control of certain animal
diseases and specific measures relating to swine vesicular disease
(OJ L 62, 15.3.1993, p. 69)

Article 3

Council Directive 2000/75/EC of 20 November 2000 laying
down specific provisions for the control and eradication of blue-
tongue (OJ L 327, 22.12.2000, p. 74)

Article 3

Point C.
Animal welfare

16.

17.

18.

Council Directive 91/629/EEC of 19 November 1991 laying
down minimum standards for the protection of calves (OJ L 340,
11.12.1991, p. 28)

Articles 3 and 4

Council Directive 91/630/EEC of 19 November 1991 laying
down minimum standards for the protection of pigs (OJ L 340,
11.12.1991, p. 33)

Article 3 and Article 4(1)

Council Directive 98/58/EC of 20 July 1998 concerning the
protection of animals kept for farming purposes (OJ L 221,
8.8.1998, p. 23)

Article 4

(1) As implemented in particular by:

— Regulation (EEC) No 2377/90: Articles 2, 4 and 5,
— Regulation (EC) No 852/2004: Article 4(1) and Annex I part A (II 4 (g, h, j), 5 (f, h), 6; III 8 (a, b, d, e), 9 (a, c)),
— Regulation (EC) No 853/2004: Article 3(1) and Annex III Section IX Chapter 1 (I-1 b, c, d, e; I-2 a (i, ii, iii), b (i, ii), c; I-3; I-4; I-5;

II-A 1, 2, 3, 4; II-B 1(a, d), 2, 4 (a, b)), Annex III Section X Chapter 1(1),

— Regulation (EC) No 183/2005: Article 5(1) and Annex I, part A (I-4 e, g; II-2 a, b, e), Article 5(5) and Annex III (1, 2), Article 5(6),

and

— Regulation (EC) No 396/2005: Article 18.

31.1.2009

EN

Official Journal of the European Union

L 30/71

ANNEX III

Good agricultural and environmental condition referred to in Article 6

Issue

Compulsory standards

Optional standards

Soil erosion:

— Minimum soil cover

— Retain terraces

Protect
measures

soil

through

appropriate

— Minimum land management
reflecting site-specific conditions

Soil organic matter:

— Arable stubble management

— Standards for crop rotations

Maintain soil organic matter
through appropriate practices

levels

Soil structure:

Maintain soil structure through appro-
priate measures

— Appropriate machinery use

Minimum level of maintenance:

Ensure a minimum level of mainte-
nance and avoid the deterioration of
habitats

— Retention of

landscape features,
including, where
appropriate,
hedges, ponds, ditches trees in
line, in group or isolated and field
margins

— Minimum livestock stocking rates

or/and appropriate regimes

— Establishment and/or retention of

habitats

— Avoiding the

encroachment of
unwanted vegetation on agri-
cultural land

— Prohibition of the grubbing up of

olive trees

— Protection of permanent pasture — Maintenance of olive groves and

vines in good vegetative condition

Protection and management of water:

Protect water against pollution and
run-off, and manage the use of water

— Establishment of buffer
along water courses (1)

strips

— Where use of water for irrigation
authorisation,
is
to
subject
compliance with
authorisation
procedures

(1) Note: The GAEC buffer strips must respect, both within and outside vulnerable zones designated pursuant to Article 3(2) of Directive
91/676/EEC, at least the requirements relating to the conditions for land application of fertiliser near water courses, referred to in
point A.4 of Annex II to Directive 91/676/EEC to be applied in accordance with the action programmes of Member States established
under Article 5(4) of Directive 91/676/EEC.

L 30/72

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Official Journal of the European Union

31.1.2009

Calendar year

Belgium

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

ANNEX IV

(EUR million)

2009

583,2

987,4

5 524,8

1 283,1

2 561,4

5 018,3

8 064,4

4 345,9

2010

575,4

977,3

5 445,2

1 272,4

2 365,1

5 015,5

7 943,7

4 147,9

2011

570,8

968,9

5 399,7

1 263,8

2 358,9

4 998,3

7 876,2

4 121,0

35,6

35,2

35,1

836,9

727,6

829,1

722,4

822,5

718,8

557,7

545,0

545,0

550,0

733,1

544,5

726,5

541,4

721,1

2012

569,0

825,9

964,3

5 372,2

92,0

1 255,5

2 343,8

5 010,3

7 846,8

4 117,9

49,1

133,9

346,7

34,7

1 204,5

5,1

830,6

715,5

2 787,1

545,0

131,5

357,9

539,2

717,5

United Kingdom

3 373,1

3 345,6

3 339,6

3 336,1

31.1.2009

EN

Official Journal of the European Union

L 30/73

ANNEX V

List of cereals referred to in Article 9(3)

Description

CN code

Cereals

1001 10 00

Durum wheat

1001 90

Other wheat and meslin other than durum wheat

1002 00 00

1003 00

1004 00 00

1005

1007 00

1008

Rye

Barley

Oats

Maize

Grain sorghum

Buckwheat, millet and canary seed; other cereals

0709 90 60

Sweet corn

L 30/74

EN

Official Journal of the European Union

31.1.2009

ANNEX VI

Compatible support schemes referred to in Article 26

Sector

Legal base

Less-favoured areas and areas with environ-
mental restrictions

Article 13(a), Article 14(1), the first two indents of Article 14(2), Arti-
cles 15 and 17 to 20, Article 51(3) and Article 55(4) of Regulation
(EC) No 1257/1999

Measures targeting the sustainable use of agri-
cultural land through:

natural handicap payments to farmers in
mountain areas

payments to farmers in areas with handi-
caps, other than mountain areas

Natura 2000 payments
linked to Directive 2000/60/EC

and payments

Article 36(a)(i) of Regulation (EC) No 1698/2005

Article 36(a)(ii) of Regulation (EC) No 1698/2005

Article 36(a)(iii) of Regulation (EC) No 1698/2005

agri-environment payments

Article 36(a)(iv) of Regulation (EC) No 1698/2005

Measures
forestry land through:

targeting the

sustainable use of

first afforestation of agricultural land

Article 36(b)(i) of Regulation (EC) No 1698/2005

Natura 2000 payments

Article 36(b)(iv) of Regulation (EC) No 1698/2005

forest-environment payments

Article 36(b)(v) of Regulation (EC) No 1698/2005

Wine

Article 117 of Regulation (EC) No 479/2008

31.1.2009

EN

Official Journal of the European Union

L 30/75

ANNEX VII

Coefficients to be applied under Article 28(1)

Member State

Limit for the EUR threshold
(Article 28(1)(a))

Limit for the hectare threshold
(Article 28(1)(b))

Belgium

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Italy

Cyprus

Latvia

Lithuania

Luxemburg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

400

200

200

300

300

100

200

400

300

300

400

300

100

100

300

200

500

500

200

200

200

200

300

200

200

200

200

2

0,5

5

5

4

3

3

0,4

2

4

0,5

0,3

1

1

4

0,3

0,1

2

2

0,5

0,3

0,3

0,3

2

3

4

5

L 30/76

EN

Official Journal of the European Union

31.1.2009

ANNEX VIII

National ceilings referred to in Article 40

Table 1

Member State

2009

2010

2011

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent
years

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

614 179

611 805

611 805

614 855

614 855

614 855

614 855

614 855

1 030 478

1 030 478

1 030 478

1 049 002

1 049 002

1 049 002

1 049 002

1 049 002

5 770 254

5 771 977

5 771 977

5 852 908

5 852 908

5 852 908

5 852 908

5 852 908

2 380 713

2 211 683

2 214 683

2 232 533

2 216 533

2 216 533

2 216 533

2 216 533

4 858 043

5 091 044

5 108 650

5 282 193

5 139 444

5 139 444

5 139 444

5 139 444

8 407 555

8 420 822

8 420 822

8 521 236

8 521 236

8 521 236

8 521 236

8 521 236

1 342 268

1 340 521

1 340 521

1 340 869

1 340 869

1 340 869

1 340 869

1 340 869

4 143 175

4 207 177

4 227 177

4 370 024

4 370 024

4 370 024

4 370 024

4 370 024

37 518

853 090

745 561

608 751

566 801

763 082

37 536

853 090

745 235

589 499

565 520

763 082

37 646

853 090

745 235

589 499

565 520

763 082

37 671

897 751

751 606

605 962

570 548

770 906

37 084

897 751

751 606

605 962

570 548

770 906

37 084

897 751

751 606

605 962

570 548

770 906

37 084

897 751

751 606

605 962

570 548

770 906

37 084

897 751

751 606

605 962

570 548

770 906

United Kingdom

3 985 895

3 975 916

3 975 973

3 988 042

3 987 922

3 987 922

3 987 922

3 987 922

Bulgaria

Czech Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Romania

Slovenia

Slovakia

Table 2 (*)

499 327

832 144

92 042

49 146

133 978

346 958

416 372

739 941

81 703

43 749

119 268

307 729

336 041

654 241

71 603

38 928

105 368

271 029

580 087

909 313

101 165

53 499

146 479

380 109

660 848

909 313

101 165

53 499

146 479

380 109

741 606

909 313

101 165

53 499

146 479

380 109

814 295

909 313

101 165

53 499

146 479

380 109

947 114

1 073 824

1 205 037

1 318 975

1 318 975

1 318 975

1 318 975

4 231

4 726

5 137

5 102

5 102

5 102

5 102

287 399

559 622

60 500

31 670

90 016

230 560

807 366

3 752

1 877 107

2 192 294

2 477 294

2 788 247

3 044 518

3 044 518

3 044 518

3 044 518

623 399

87 942

240 014

729 863

103 389

280 364

907 473

1 086 608

1 264 472

1 442 335

1 620 201

1 780 406

117 406

316 964

131 537

355 242

144 236

388 176

144 236

388 176

144 236

388 176

144 236

388 176

(*) Ceilings calculated taking into account of the schedule of increments provided for in Article 121.

31.1.2009

EN

Official Journal of the European Union

L 30/77

ANNEX IX

Payment entitlements referred to in Article 33(1)(b)(iii)

A. Fruit and vegetables, ware potatoes and nurseries

1. For the purposes of this Annex, ‘fruit and vegetables’ shall mean the products listed in Article 1(1)(i) and (j) of Regu-
lation (EC) No 1234/2007, and ‘ware potatoes’ shall mean potatoes of CN code 0701 other than those intended for
the manufacture of potato starch for which aid is granted under Article 77 of this Regulation.

Farmers shall receive a payment entitlement per hectare which is calculated by dividing the reference amount referred
in point 2 by the number of hectares as calculated in accordance with point 3.

2. Member States shall determine the amount to be included in the reference amount of each farmer on the basis of

objective and non-discriminatory criteria such as:

(a) the amount of market support received, directly or indirectly, by the farmer in respect of fruit and vegetables, ware

potatoes and nurseries;

(b) the area used to produce fruit and vegetables, ware potatoes and nurseries;

(c) the amount of fruit and vegetables produced, ware potatoes and nurseries,

in respect of a representative period which could be different for each product, of one or more marketing years starting
from the marketing year ending in 2001 and, in the case of the new Member States, from the marketing year ending
in 2004, up to the marketing year ending in 2007.

The application of the criteria in this point may be varied between different fruit and vegetable products, ware potatoes
and nurseries, if duly justified on an objective basis. On the same basis, Member States may decide not to determine
the amounts to be included in the reference amount and the applicable hectares under this point before the end of a
transitional three-year period ending on 31 December 2010.

3. Member States shall calculate the applicable hectares on the basis of objective and non-discriminatory criteria such as

the areas referred to in point (b) of the first subpoint of point 2.

4. A farmer whose production was adversely affected during the representative period referred to in point 2 by a case of
force majeure or exceptional circumstances occurring before or during that reference period shall be entitled to request
that the reference amount referred to in point 2 be calculated on the basis of the calendar year or years in the repre-
sentative period not affected by the case of force majeure or exceptional circumstances.

5. If the whole reference period was affected by the case of force majeure or exceptional circumstances, the Member State
concerned shall calculate the reference amount on the basis of the closest marketing year prior to the representative
period chosen in accordance with point 3. In such case, point 1 shall apply mutatis mutandis.

6. A case of force majeure or exceptional circumstances, with relevant evidence to the satisfaction of the competent
authority, shall be notified by the farmer concerned in writing to the authority within a deadline to be fixed by each
Member State.

B. Wine (grubbing up)

Farmers who participate in the grubbing up scheme laid down in Chapter 3 of Title V of Regulation (EC) No 479/2008
shall be allocated, in the year following the grubbing up, payment entitlements equal to the number of hectares for which
they have received a grubbing up premium.

The unit value of these payment entitlements shall be equal to the regional average of the value of the payment entitle-
ments of the corresponding region. However, the unit value shall in any case not exceed EUR 350/ha.

By way of derogation from the first subpoint, where the hectares for which a farmer has received the grubbing up
premium had previously been taken into account for the allocation of payment entitlements, the value of the payment
entitlements held by the farmer concerned shall be increased by the amount resulting from the multiplication of the
number of hectares grubbed up referred to in the first subpoint with the unit value referred to in the second subpoint.

C. Wine (transfer from support programmes)

Where Member States choose to provide support in accordance with Article 9 of Regulation (EC) No 479/2008, they
shall establish a reference amount for each farmer as well as the applicable hectares:

(a) on the basis of objective and non-discriminatory criteria;

L 30/78

EN

Official Journal of the European Union

31.1.2009

(b) in respect of a representative reference period of one or more wine years starting from the wine year 2005/2006.
However, the reference criteria used to establish the reference amount and applicable hectares shall not be based on a
reference period including wine years after the wine year 2007/2008 where the transfer in support programmes
concerns compensation to farmers who have previously received support for potable alcohol distillation or have been
the economic beneficiaries of the support for the use of concentrated grape must to enrich wine under Regulation
(EC) No 479/2008;

(c) which shall not exceed the overall available amount for this measure referred to in Article 6(e) of Regulation (EC)

No 479/2008.

Farmers shall receive a payment entitlement per hectare which is calculated by dividing the abovementioned reference
amount by the number of applicable hectares.

31.1.2009

EN

Official Journal of the European Union

L 30/79

ANNEX X

Components of the national ceilings referred to in Article 54

1. The component of the national ceilings referred to in Article 54(1) corresponding to tomatoes shall be as follows:

Member State

Amount
(EUR million per calendar year)

Bulgaria

Czech Republic

Greece

Spain

France

Italy

Cyprus

Malta

Hungary

Romania

Poland

Portugal

Slovakia

5,394

0,414

35,733

56,233

8,033

183,967

0,274

0,932

4,512

1,738

6,715

33,333

1,018

2. The component of the national ceilings referred to in Article 54(2) corresponding to fruit and vegetable crops other

than annual crops shall be as follows:

Member State

Bulgaria

Czech Republic

Greece

Spain

France

Italy

Cyprus

Hungary

Romania

Portugal

Slovakia

Amount
(EUR million per calendar year)

0,851

0,063

153,833

110,633

44,033

131,700

4,856
4,919
4,982
5,045

0,244

0,025

2,900

0,007

in 2009:
in 2010:
in 2011:
in 2012:

L 30/80

EN

Official Journal of the European Union

31.1.2009

Integration of coupled support into the single payment scheme as referred to in Article 63

ANNEX XI

1.

(a) From 2010, the specific quality premium for durum wheat provided for in Chapter 1 of Title IV of Regulation (EC)

No 1782/2003;

(b) from 2012 at the latest, the protein crop premium provided for in Section 3 of Chapter 1 of Title IV of this

Regulation;

(c) from 2012 at the latest, the crop specific payment for rice provided for in Section 1 of Chapter 1 of Title IV of this

Regulation;

(d) from 2012 at the latest, the area payment for nuts provided for in Section 4 of Chapter 1 of Title IV of this

Regulation;

(e) from 2012 at the latest, the production aid for starch potato growers provided for in Section 2 of Chapter 1 of

Title IV of this Regulation.

2.

(a) From 2012, the aid for processing dried fodder provided for in Subsection I of Section I of Chapter 4 of Title I of

Part II of Regulation (EC) No 1234/2007;

(b) from 2012, the aid for processing flax and hemp grown for fibre provided for in Subsection II of Section I of

Chapter 4 of Title I of Part II of Regulation (EC) No 1234/2007;

(c) from 2012, the potato starch premium provided for in Article 95a of Regulation (EC) No 1234/2007;

(d) from 2012, the transitional soft fruit payment provided for in Section 9 of Chapter 1 of Title IV of this Regulation.

3.

From 2010, where a Member State granted the:

(a) arable crops area payment provided for in Chapter 10 of Title IV of Regulation (EC) No 1782/2003;

(b) aid for olive groves provided for in Chapter 10b of Title IV of Regulation (EC) No 1782/2003;

(c) hops area aid provided for in Chapter 10d of Title IV of Regulation (EC) No 1782/2003.

From 2012 at the latest, where a Member State granted the:

(a) seed aid provided for in Section 5 of Chapter 1 of Title IV of this Regulation;

(b) the beef and veal payments, except the suckler cow premium provided for in Article 53 of this Regulation.

4.

As from 2010, where a Member State in application of Article 51(1) of this Regulation no longer grants the following
payments or where it decides to grant them at a lower level:

(a) the sheep and goat payments referred to in Article 67 of Regulation (EC) No 1782/2003;

(b) the beef and veal payments referred to in Article 68 of Regulation (EC) No 1782/2003 or in Article 53(2) of this

Regulation, in case of application of the second subparagraph of Article 51(1) of this Regulation;

(c) the transitional fruit and vegetable payments referred to in Article 68b of Regulation (EC) No 1782/2003.

31.1.2009

EN

Official Journal of the European Union

L 30/81

Integration of coupled support into the single payment scheme as referred to in Article 64

ANNEX XII

Dried fodder (Regulation (EC) No 1234/2007)

Member State

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent years

Denmark

Germany

Ireland

Greece

Spain

France

Italy

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

Czech Republic

Lithuania

Hungary

Poland

Slovakia

2 779

8 475

132

1 238

43 725

35 752

22 605

5 202

64

69

10

180

1 478

922

21

2 779

8 475

132

1238

43 725

35 752

22 605

5 202

64

69

10

180

1 478

922

21

2 779

8 475

132

1 238

43 725

35 752

22 605

5 202

64

69

10

180

1 478

922

21

2 779

8 475

132

1 238

43 725

35 752

22 605

5 202

64

69

10

180

1 478

922

21

2 779

8 475

132

1 238

43 725

35 752

22 605

5 202

64

69

10

180

1 478

922

21

1 421

1 421

1 421

1 421

1 421

147

91

147

91

147

91

147

91

147

91

Durum wheat specific quality premium

Member State

2010

2011

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent
years

Greece

Spain

France

Italy

Austria

Portugal

Bulgaria

Cyprus

Hungary

20 301

20 301

20 301

20 301

20 301

20 301

20 301

22 372

22 372

22 372

22 372

22 372

22 372

22 372

8 320

8 320

8 320

8 320

8 320

8 320

8 320

42 457

42 457

42 457

42 457

42 457

42 457

42 457

280

80

349

173

70

280

80

436

198

80

280

80

523

223

90

280

80

610

247

100

280

80

698

247

100

280

80

785

247

100

280

80

872

247

100

L 30/82

EN

Official Journal of the European Union

31.1.2009

Protein crop premium

Member State

2010

2011

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent
years

Belgium

Denmark

Germany

Ireland

Greece

Spain

France

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

84

843

84

843

84

843

84

843

84

843

84

843

84

843

7 231

7 231

7 231

7 231

7 231

7 231

7 231

216

242

216

242

216

242

216

242

216

242

216

242

216

242

10 905

10 905

10 905

10 905

10 905

10 905

10 905

17 635

17 635

17 635

17 635

17 635

17 635

17 635

5 009

5 009

5 009

5 009

5 009

5 009

5 009

21

67

21

67

21

67

21

67

21

67

21

67

21

67

2 051

2 051

2 051

2 051

2 051

2 051

2 051

214

303

214

303

214

303

214

303

214

303

214

303

214

303

2 147

2 147

2 147

2 147

2 147

2 147

2 147

United Kingdom

10 500

10 500

10 500

10 500

10 500

10 500

10 500

Bulgaria

160

201

241

281

321

361

401

Czech Republic

1 858

2 123

2 389

2 654

2 654

2 654

2 654

Estonia

Cyprus

Latvia

Lithuania

Hungary

Poland

Romania

Slovenia

Slovakia

Greece

Spain

France

Italy

Portugal

Bulgaria

Hungary

Romania

169

17

109

1 486

1 369

1 723

911

63

194

19

124

1 698

1 565

1 970

1 139

72

218

22

140

1 911

1 760

2 216

1 367

81

242

24

155

2 123

1 956

2 462

1 595

90

242

24

155

2 123

1 956

2 462

1 822

90

242

24

155

2 123

1 956

2 462

2 050

90

242

24

155

2 123

1 956

2 462

2 278

90

1 003

1 146

1 290

1 433

1 433

1 433

1 433

Crop specific payment for rice

Member State

2010

2011

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent
years

11 407

11 407

11 407

11 407

11 407

11 407

11 407

49 993

49 993

49 993

49 993

49 993

49 993

49 993

7 844

7 844

7 844

7 844

7 844

7 844

7 844

99 473

99 473

99 473

99 473

99 473

99 473

99 473

11 193

11 193

11 193

11 193

11 193

11 193

11 193

575

524

25

719

599

32

863

674

38

1007

1 151

1 294

1 438

749

44

749

50

749

57

749

63

31.1.2009

EN

Official Journal of the European Union

L 30/83

Area payment for nuts

Member State

2010

2011

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent
years

Belgium

Germany

Greece

Spain

France

Italy

Luxembourg

Netherlands

Austria

Portugal

United Kingdom

Bulgaria

Cyprus

Hungary

Poland

Romania

Slovenia

Slovakia

12

181

12

181

12

181

12

181

12

181

12

181

12

181

4 963

4 963

4 963

4 963

4 963

4 963

4 963

68 610

68 610

68 610

68 610

68 610

68 610

68 610

2 089

2 089

2 089

2 089

2 089

2 089

2 089

15 710

15 710

15 710

15 710

15 710

15 710

15 710

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

12

4 987

4 987

4 987

4 987

4 987

4 987

4 987

12

579

431

245

355

79

25

262

12

724

493

280

406

99

29

299

12

868

554

315

456

119

33

337

12

12

12

12

1 013

1 158

1 302

1 447

616

350

507

139

36

374

616

350

507

159

36

374

616

350

507

179

36

374

616

350

507

199

36

374

Flax and hemp grown for fibre (Regulation (EC) No 1234/2007)

Member State

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent years

Belgium

Denmark

Germany

Spain

France

Italy

Netherlands

Austria

Finland

United Kingdom

Czech Republic

Latvia

Lithuania

Hungary

Poland

2 954

2 954

2 954

2 954

2 954

3

244

138

3

244

138

3

244

138

3

244

138

3

244

138

13 592

13 592

13 592

13 592

13 592

50

1 111

50

1 111

50

1 111

50

1 111

50

1 111

20

5

83

534

104

360

42

114

20

5

83

534

104

360

42

114

20

5

83

534

104

360

42

114

20

5

83

534

104

360

42

114

20

5

83

534

104

360

42

114

L 30/84

EN

Official Journal of the European Union

31.1.2009

Potato starch premium (Article 95a of Regulation (EC) No 1234/2007)

Member State

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent years

3 743

16 279

3 743

16 279

3 743

16 279

3 743

16 279

3 743

16 279

Denmark

Germany

Spain

France

Netherlands

Austria

Finland

Sweden

Czech Republic

Estonia

Latvia

Lithuania

Poland

Slovakia

43

5 904

9 614

1 061

1 183

1 381

749

6

129

27

3 226

16

43

5 904

9 614

1 061

1 183

1 381

749

6

129

27

3 226

16

43

5 904

9 614

1 061

1 183

1 381

749

6

129

27

3 226

16

43

5 904

9 614

1 061

1 183

1 381

749

6

129

27

3 226

16

Aid for starch potato growers

43

5 904

9 614

1 061

1 183

1 381

749

6

129

27

3 226

16

(EUR 1 000)

2016 and
subsequent
years

Member State

2010

2011

2012

2013

2014

2015

Denmark

Germany

Spain

France

11 156

11 156

11 156

11 156

11 156

11 156

11 156

48 521

48 521

48 521

48 521

48 521

48 521

48 521

129

129

129

129

129

129

129

17 598

17 598

17 598

17 598

17 598

17 598

17 598

Netherlands

28 655

28 655

28 655

28 655

28 655

28 655

28 655

Austria

Finland

Sweden

3 163

3 527

4 116

3 163

3 527

4 116

3 163

3 527

4 116

3 163

3 527

4 116

3 163

3 527

4 116

3 163

3 527

4 116

3 163

3 527

4 116

Czech Republic

1 563

1 786

2 009

2 232

2 232

2 232

2 232

Estonia

Latvia

Lithuania

Poland

Slovakia

12

268

56

13

307

64

15

345

72

17

383

80

17

383

80

17

383

80

17

383

80

6 731

7 692

8 654

9 615

9 615

9 615

9 615

34

39

44

48

48

48

48

Aid for olive groves

Member State

2010

2011

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent
years

Spain

Cyprus

103 140

103 140

103 140

103 140

103 140

103 140

103 140

2 051

2 344

2 637

2 930

2 930

2 930

2 930

31.1.2009

EN

Official Journal of the European Union

L 30/85

Soft fruit payment

Member State

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent years

Bulgaria

Latvia

Lithuania

Hungary

Poland

552

92

138

391

552

92

138

391

552

92

138

391

552

92

138

391

552

92

138

391

11 040

11 040

11 040

11 040

11 040

L 30/86

EN

Official Journal of the European Union

31.1.2009

ANNEX XIII

List of seed species referred to in Article 87

CN code

Description

Amount of aid
(EUR/100 kg)

1. Ceres

1001 90 10

1006 10 10

Triticum spelta L.

Oryza sativa L. (1)

— long-grain varieties the grains of which are of a length exceeding
6,0 millimetres and of a length/width ratio of more than or equal to 3

— other varieties the grains of which are of a length exceeding, not
exceeding or equal to 6,0 millimetres and of a length/width ratio of
less than 3

2. Oleagineae

Linum usitatissimum L. (fibre flax)

Linum usitatissimum L. (linseed)

Cannabis sativa L. (2) (varieties with a tetrahydrocannabinol content not
exceeding 0,2 %)

3. Gramineae

Agrostis canina L.

Agrostis gigantea Roth.

Agrostis stolonifera L.

Agrostis capillaris L.

Arrhenatherum elatius (L.) P. Beauv. ex J.S. and K.B. Prest.

Dactylis glomerata L.

Festuca arundinacea Schreb.

Festuca ovina L.

Festuca pratensis Huds.

Festuca rubra L.

ex 1204 00 10

ex 1204 00 10

ex 1207 99 10

ex 1209 29 10

ex 1209 29 10

ex 1209 29 10

ex 1209 29 10

ex 1209 29 80

ex 1209 29 10

ex 1209 23 80

ex 1209 23 80

1209 23 11

1209 23 15

ex 1209 29 80

Festulolium

1209 25 10

1209 25 90

ex 1209 29 80

ex 1209 29 80

Lolium multiflorum Lam.

Lolium perenne L.

Lolium x boucheanum Kunth

Phleum Bertolinii (DC)

1209 26 00

Phleum pratense L.

ex 1209 29 80

Poa nemoralis L.

1209 24 00

Poa pratensis L.

ex 1209 29 10

Poa palustris and Poa trivialis L.

ex 1209 29 80

ex 1209 29 80

ex 1209 21 00

ex 1209 21 00

ex 1209 29 80

ex 0713 10 10

ex 1209 22 80

ex 1209 22 80

ex 1209 22 80

4. Leguminosae

Hedysarum coronarium L.

Medicago lupulina L.

Medicago sativa L. (ecotypes)

Medicago sativa L. (varieties)

Onobrichis viciifolia Scop.

Pisum sativum L. (partim) (field peas)

Trifolium alexandrinum L.

Trifolium hybridum L.

Trifolium incarnatum L.

1209 22 10

Trifolium pratense L.

14,37

17,27

14,85

28,38

22,46

20,53

75,95

75,95

75,95

75,95

67,14

52,77

58,93

43,59

43,59

36,83

32,36

21,13

30,99

21,13

50,96

83,56

38,88

38,52

38,88

36,47

31,88

22,10

36,59

20,04

0

45,76

45,89

45,76

53,49

31.1.2009

EN

Official Journal of the European Union

L 30/87

CN code

ex 1209 22 80

ex 1209 22 80

ex 1209 22 80

ex 0713 50 10

ex 1209 29 10

ex 1209 29 10

Description

Amount of aid
(EUR/100 kg)

Trifolium repens L.

Trifolium repens L. var. giganteum

Trifolium resupinatum L.

Vicia faba L. (partim) (field beans)

Vicia sativa L.

Vicia villosa Roth.

75,11

70,76

45,76

0

30,67

24,03

(1) Grain measurements are taken on wholly milled rice by the following method:

(a) take a sample representative of the batch;
(b) sieve the sample so as to retain only whole grains, including immature grains;
(c) carry out two measurements of 100 grains each and work out the average;
(d) express the results in millimetres, rounded off to one decimal place.

(2) The tetrahydrocannabinol (THC) content of a variety is determined by analysing a sample maintained at constant weight. The weight of
THC in relation to the weight of the sample must — for the purposes of granting the aid — not be greater than 0,2 %. The sample is
to consist of the upper third of a representative number of plants selected at random at the end of their flowering period and with
stalks and seeds removed.

L 30/88

EN

Official Journal of the European Union

31.1.2009

ANNEX XIV

Seed aid ceilings in the new Member States referred to in Article 87(3)

Calendar year

Bulgaria

Czech
Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Poland

Romania

Slovenia

Slovakia

(EUR million)

2009

2010

2011

2012

2013

2014

2015

2016

subsequent
years

0,15

0,17

0,22

0,26

0,30

0,34

0,39

0,43

0,43

1,75

2,04

2,33

2,62

2,91

2,91

2,91

2,91

2,91

0,07

0,08

0,10

0,11

0,12

0,12

0,12

0,12

0,12

0,06

0,07

0,08

0,09

0,10

0,10

0,10

0,10

0,10

0,21

0,24

0,28

0,31

0,35

0,35

0,35

0,35

0,35

0,21

0,24

0,28

0,31

0,35

0,35

0,35

0,35

0,35

1,55

1,81

2,07

2,33

2,59

2,59

2,59

2,59

2,59

0,06

0,07

0,08

0,09

0,10

0,10

0,10

0,10

0,10

1,11

1,30

1,48

1,67

1,85

1,85

1,85

1,85

1,85

0,26

0,30

0,38

0,45

0,53

0,60

0,68

0,75

0,75

0,17

0,19

0,22

0,25

0,28

0,28

0,28

0,28

0,28

0,07

0,08

0,09

0,11

0,12

0,12

0,12

0,12

0,12

31.1.2009

EN

Official Journal of the European Union

L 30/89

ANNEX XV

Ceilings for the calculation of the aid amount referred in Article 95 (sugar)

Member State

2009

2010

2011

2012

2013

2014

2015

(EUR 1 000)

2016 and
subsequent
years

Belgium

Bulgaria (*)

81 752

81 752

81 752

81 752

81 752

81 752

81 752

81 752

154

176

220

264

308

352

396

440

Czech Republic

44 245

44 245

44 245

44 245

44 245

44 245

44 245

44 245

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Latvia

Lithuania

Hungary

34 478

34 478

34 478

34 478

34 478

34 478

34 478

34 478

278 254

278 254

278 254

278 254

278 254

278 254

278 254

278 254

29 384

29 384

29 384

29 384

29 384

29 384

29 384

29 384

96 203

96 203

96 203

96 203

96 203

96 203

96 203

96 203

272 259

272 259

272 259

272 259

272 259

272 259

272 259

272 259

18 441

18 441

18 441

18 441

18 441

18 441

18 441

18 441

135 994

135 994

135 994

135 994

135 994

135 994

135 994

135 994

6 616

6 616

6 616

6 616

6 616

6 616

6 616

6 616

10 260

10 260

10 260

10 260

10 260

10 260

10 260

10 260

41 010

41 010

41 010

41 010

41 010

41 010

41 010

41 010

Netherlands

73 504

73 504

73 504

73 504

73 504

73 504

73 504

73 504

Austria

Poland

Portugal

32 955

32 955

32 955

32 955

32 955

32 955

32 955

32 955

159 392

159 392

159 392

159 392

159 392

159 392

159 392

159 392

6 452

6 452

6 452

6 452

6 452

6 452

6 452

6 452

Romania (*)

3 536

4 041

5 051

6 062

7 072

8 082

9 093

10 103

Slovenia

Slovakia

Finland

Sweden

3 740

3 740

3 740

3 740

3 740

3 740

3 740

3 740

19 289

19 289

19 289

19 289

19 289

19 289

19 289

19 289

13 520

13 520

13 520

13 520

13 520

13 520

13 520

13 520

34 082

34 082

34 082

34 082

34 082

34 082

34 082

34 082

United Kingdom

105 376

105 376

105 376

105 376

105 376

105 376

105 376

105 376

(*) Ceilings calculated taking account of the schedule of increments provided for in Article 121.

L 30/90

EN

Official Journal of the European Union

31.1.2009

ANNEX XVI

Table 1

Cyprus: Complementary national direct payments where the normal schemes for direct payments apply

Schedule of increments

Sector

60 %

2009

70 %

2010

80 %

2011

(EUR)

90 %

2012

Arable crops (durum wheat excluded)

4 220 705

3 165 529

2 110 353

1 055 176

Durum wheat

Grain legumes

Milk and dairy

Beef

Sheep and goats

Olive oil

Tobacco

Bananas

Dried grapes

Almonds

1 162 157

871 618

581 078

290 539

16 362

12 272

8 181

4 091

1 422 379

1 066 784

711 190

355 595

1 843 578

1 382 684

921 789

460 895

4 409 113

3 306 835

2 204 556

1 102 278

3 174 000

2 380 500

1 587 000

793 500

417 340

313 005

208 670

104 335

1 755 000

1 316 250

877 500

0

0

0

0

0

0

0

0

0

Total

1 842 0634

13 815 476

9 210 317

4 166 409

Complementary national direct payments under the single payment scheme:

The total amount of complementary national direct payments that may be granted under the single payment scheme shall
be equal to the sum of the sectoral ceilings referred to in this table relating to the sectors that are covered by the single
payment scheme to the extent that the support in these sectors is decoupled.

Table 2

Cyprus: Complementary national direct payments where the single area payment scheme for direct payments
applies

Sector

2009

2010

2011

2012

(EUR)

Arable crops (durum wheat excluded)

0

0

0

0

Durum wheat

Grain legumes

Milk and dairy

Beef

Sheep and goats

Olive oil

Dried grapes

Bananas

Tobacco

1 795 543

1 572 955

1 350 367

1 127 779

0

0

0

0

3 456 448

3 438 488

3 420 448

3 402 448

4 608 945

4 608 945

4 608 945

4 608 945

10 724 282

10 670 282

10 616 282

10 562 282

5 547 000

5 115 000

4 683 000

4 251 000

156 332

149 600

142 868

136 136

4 323 820

4 312 300

4 300 780

4 289 260

1 038 575

1 035 875

1 033 175

1 030 475

Total

31 650 945

30 903 405

30 155 865

29 408 325

31.1.2009

EN

Official Journal of the European Union

L 30/91

ANNEX XVII

STATE AID IN CYPRUS

Sector

2009

2010

2011

2012

(EUR)

Cereals (durum wheat excluded)

2 263 018

1 131 509

Milk and dairy

Beef

Sheep and goats

Pig sector

Poultry and eggs

Wine

Olive oil

Table grapes

Processed tomatoes

Bananas

562 189

281 094

64 887

0

1 027 917

513 958

2 732 606

1 366 303

1 142 374

571 187

565 755

140 547

0

256 979

683 152

285 594

4 307 990

2 153 995

1 076 998

2 088 857

1 044 429

1 058 897

529 448

117 458

127 286

58 729

63 643

522 215

264 724

29 365

31 822

282 877

70 274

0

128 490

341 576

142 797

538 499

261 107

132 362

14 682

15 911

Deciduous fruit including stone fruit

2 774 230

1 387 115

693 558

346 779

Total

18 267 707

9 101 410

4 552 716

2 277 365

L 30/92

EN

Official Journal of the European Union

31.1.2009

ANNEX XVIII

CORRELATION TABLE

Regulation (EC) No 1782/2003

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10(1)

Article 10(2)

Article 10(3)

Article 10(4)

—

Article 11

Article 12

—

Article 12a(1)

Article 12a(2)

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 25

Article 26

Article 1

Article 2

Article 4

Article 5

Article 6

Article 23

Article 24

—

Article 25

Article 7

Article 9(1)

Article 9(2)

Article 9(3)

Article 9(4)

Article 11(1) and (2)

—

Article 8

Article 10

Article 11(3)

Article 12

Article 12

Article 13

Article 12

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 26

31.1.2009

EN

Official Journal of the European Union

L 30/93

Regulation (EC) No 1782/2003

This Regulation

Article 27

—

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 27

Article 28

Article 29

Article 30

Article 32

—

Article 3

Article 33

—

Article 37

—

Annex IX

—

—

Article 40(1), (2) and (3)

Annex IX, Point A(4), (5) and (6)

Article 40(4)

Article 40(5)

Article 41

Article 42

Article 43

Article 44(1) and (2)

Article 44(3) and (4)

Article 45

Article 46

Article 47

Article 48

Article 49

Article 50

Article 51, first paragraph

Article 51, second paragraph

Article 52

Article 53

Article 54

Article 55

Article 56

Article 31

—

Article 40

Article 41

Annex IX

Article 34

Article 35

Article 42

Article 43

—

—

Article 44

—

—

Article 38

Article 39

—

—

—

—

L 30/94

EN

Official Journal of the European Union

31.1.2009

Regulation (EC) No 1782/2003

This Regulation

Article 57

—

Article 58

Article 59

Article 60

Article 61

Article 62

Article 63(1)

Article 63(2)

Article 63(3)

Article 63(4)

Article 64

Article 65

Article 66

Article 67

Article 68

Article 68a

Article 68b

Article 69

Article 70

Article 71

Article 71a

Article 71b

Article 71c

Article 71d

Article 71e

Article 71f

Article 71g

Article 71h

Article 71i

Article 71j

Article 71k

Article 71l

—

Article 45

Article 46

Article 47

—

Article 49

—

Article 51(1)

—

Article 48

Article 50(2)

Article 51

—

—

Article 52

Article 53

—

Article 54

—

—

—

Article 55

Article 56

—

Article 57

Article 58

Article 59

—

Article 61

—

—

Article 62

—

31.1.2009

EN

Official Journal of the European Union

L 30/95

Regulation (EC) No 1782/2003

This Regulation

Article 71m

—

—

—

—

—

—

—

Article 72

Article 73

Article 74

Article 75

Article 76

Article 77

Article 78

Article 79

Article 80

Article 81

Article 82

Article 83

Article 84

Article 85

Article 60

Article 63

Article 64

Article 65

Article 66

Article 68

Article 70

Article 69

—

—

—

—

Article 79

Article 80

Article 81

Article 73

Article 74

Article 75

Article 76

Article 82

Article 83

Article 84

Article 86(1), (2) and (4)

Article 85(1), (2) and (3)

Article 86(3)

Article 87

Article 88

Article 89

Article 90

Article 91

Article 92

Article 93

Article 94

Article 95

Article 96

—

Article 120

—

—

—

—

—

Article 77

Article 78

—

—

L 30/96

EN

Official Journal of the European Union

31.1.2009

Regulation (EC) No 1782/2003

This Regulation

Article 97

Article 98

Article 99

Article 100

Article 101

Article 102

Article 103

Article 104

Article 105

Article 106

Article 107

Article 108

Article 109

Article 110

Article 110a

Article 110b

Article 110c

Article 110d

Article 110e

Article 110f

Article 110g

Article 110h

Article 110i

Article 110j

Article 110k

Article 110l

Article 110m

Article 110n

Article 110o

Article 110p

Article 110q

Article 110r

Article 110s

Article 110t

—

—

Article 87

—

—

—

—

—

—

—

—

—

—

—

Article 88

Article 89

Article 90

Article 91

Article 92

—

—

—

—

—

—

—

—

—

—

—

Article 93

Article 94

Article 95

Article 96

31.1.2009

EN

Official Journal of the European Union

L 30/97

Regulation (EC) No 1782/2003

This Regulation

Article 110u

Article 110v

Article 111

Article 112

Article 113

Article 114

Article 115

Article 116

Article 117

Article 118

Article 119

Article 120

Article 121

Article 122

Article 123

Article 124

Article 125

Article 126

Article 127

Article 128

Article 129

Article 130

Article 131

Article 132

Article 133

Article 134

Article 135

Article 136

Article 136a

Article 137

Article 138

Article 139

Article 140

Article 97

Article 98

Article 99

Article 100

Article 101

Article 102

Article 103

Article 104

Article 105

Article 106

—

Article 107

Article 108

Article 109

Article 110

—

Article 111

Article 112

Article 113

Article 114

Article 115

Article 116

—

—

—

—

—

—

—

—

Article 117

Article 118

Article 119

L 30/98

EN

Official Journal of the European Union

31.1.2009

Regulation (EC) No 1782/2003

This Regulation

Article 141

Article 142

Article 143

Article 143a

Article 143b(1)(2)(9) and (10)

Article 143b(3) and (7)

Article 143b(4)(5) and (6)

Article 143b(13)

Article 143ba(1) to (3)

Article 143ba(3a)

Article 143ba(4) to (6)

Article 143bb(1) and (2)

Article 143bb(3)

Article 143bb(4) to (6)

Article 143bc(1) and (2)

—

—

—

—

Article 121

Article 122

Article 123

Article 124

Article 125

Article 126

—

Article 130

Article 127

—

Article 130

Article 128

Article 129

Article 143bc(3) and (4)

Article 130(1) and (2)

—

Article 143c(1) to (8)

Article 143c(9)

Article 143c(10)

Article 143d

Article 143e

—

—

—

—

Article 144

Article 145

Article 146

Article 147

Article 148

Article 149

Article 150

Article 131

Article 132

Article 133

—

Article 134

Article 135

Article 136

Article 137

Article 138

Article 139

Article 141

Article 142

Article 140

—

—

—

—

31.1.2009

EN

Official Journal of the European Union

L 30/99

Regulation (EC) No 1782/2003

This Regulation

Article 151

Article 152

—

—

—

Article 153

Article 154

Article 154a

Article 155

Article 155a

Article 156

—

—

Article 143

Article 144

Article 145

Article 146

—

Article 148

Article 147

—

Article 149