Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers
Date: 2010-09-30
Institutions: European Commission
Subjects: aid system, aid to agriculture, common agricultural policy, farmers' income, production aid

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EUROPEAN COMMISSION 

Brussels, 30.9.2010 
COM(2010) 539 final 

2010/0267 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 73/2009 establishing common rules for direct 
support schemes for farmers under the common agricultural policy and establishing 
certain support schemes for farmers 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

To  align  The  Commission  implementing  powers  in  Council  Regulation  (EC)  No 
73/20091  to  the  differentiation  between  delegated  and  implementing  powers  of  the 
Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of 
the European Union (TFUE). 

•  General context 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFUE) distinguish two different types of Commission acts: 

–  Article 290 of the TFUE allows the legislator to delegate to the Commission the 
power to adopt non-legislative acts of general application to supplement or amend 
certain  non-essential  elements  of  a  legislative  act.  Legal  acts  adopted  by  the 
Commission in this way are referred to in the terminology used by the Treaty as 
"delegated acts" (Article 290(3)). 

–  Article 291 of the TFUE allows Member States to adopt all measures of national 
law  necessary  to  implement  legally  binding  Union  acts.  Those  acts  can  confer 
implementing  powers  on  the  Commission  where  uniform  conditions  for 
implementing them are needed. Legal acts adopted by the Commission in this way 
are  referred  to  in  the  terminology  used  by  the  Treaty  as  "implementing  acts" 
(Article 291(4)) 

•  Existing provisions in the area of the proposal 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFUE). 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

•  Collection and use of expertise 

There  was  no  need  for  consultation  of  interested  parties  or  for  external  expertise 
since the proposal to align Council Regulation (EC) No 73/2009 to the Lisbon Treaty 
is  an  inter-institutional  matter  that  will  concern  all  Council  Regulations.  The 

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OJ L 30, 31.1.2009, p. 16. 

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amendments  aiming  at  simplification  are  of  limited  scope  and  purely  technical 
nature. 

•  Impact assessment 

No need of impact assessment since the proposal to align Council Regulation (EC) 
No 73/2009 to the Lisbon Treaty is an inter-institutional matter that will concern all 
Council Regulations. The amendments aiming at simplification are of limited scope 
and purely technical nature. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Identify  the  delegated  and  implementing  powers  of  the  Commission  in  Council 
Regulation (EC) No 73/2009 and establish the corresponding procedure for adoption 
of these acts.  

Additionally,  some  elements  of  simplification  in  the  area  of  cross-compliance  are 
introduced.  Moreover,  the  possibility  for  the  Member  States  not  to  require  the 
declaration of all the agricultural areas of their holding for farmers with a total area 
of the holding lower than 1 hectare is foreseen. 

•  Legal basis 

Article 43 of the Treaty on the Functioning of the European Union. 

•  Subsidiarity principle 

Agricultural policy is of shared competence between the EU and the Member States. 
This  means  that  as  long  as  the  EU  does  not  legislate  in  the  sector  Member  States 
maintain  their  competence.  As  regards  direct  payments  a  community  approach 
already exists, and it is justified to simplify the current rules. 

•  Proportionality principle 

The proposal complies with the proportionality principle. 

•  Choice of instruments 

Proposed instrument: Regulation of the European Parliament and of the Council. 

Other means would not be adequate for the following reason: a Regulation must be 
amended by a Regulation. 

4. 

BUDGETARY IMPLICATIONS 

This measure does not involve any additional Community expenditure.  

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5. 

ADDITIONAL INFORMATION 

•  Simplification 

The amendments concerning cross compliance represent an important simplification 
and contribute to ease the administrative burden for Member States. 

It can be assumed that the proposed possibility for Member States to exempt farmers 
not  applying  for  area-related  payments  and  declaring  only  small  areas  (less  than 
1 hectare) from the requirement of an area declaration will mainly concern livestock 
producers without any eligible land to apply for area-related payments. The number 
of farmers which could be affected is difficult to foresee, but it can be assumed that it 
will be limited, keeping in mind the continued decoupling of livestock payments and 
transfer  to  area  related  payments.  The  amendment  however  represents  a  cut  of  the 
administrative burden for certain Member States. 

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2010/0267 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 73/2009 establishing common rules for direct 
support schemes for farmers under the common agricultural policy and establishing 
certain support schemes for farmers 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular the 
first subparagraph of Article 42 and Article 43(2) thereof, 

Having regard to the proposal from the European Commission2, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee3, 

Acting in accordance with the ordinary legislative procedure4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council Regulation (EC) No 73/20095 confers powers on the Commission in order to 
implement some of the provisions of that Regulation. 

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred 
under  Regulation  (EC)  No  73/2009  upon  the  Commission  need  to  be  aligned  to 
Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union  (the 
Treaty). 

The  Commission  should  have  the  power  to  adopt  delegated  acts  in  accordance  with 
Article  290  of  the  Treaty  in  order  to  supplement  or  amend  certain  non-essential 
elements of Regulation (EC) No 73/2009. The elements for which that power may be 
exercised should be defined, as well as the conditions to which that delegation is to be 
subject. 

In  order  to  guarantee  a  uniform  application  of  Regulation  (EC)  No  73/2009  in  all 
Member States, the Commission should be empowered to adopt implementing acts in 
accordance with Article 291 of the Treaty. Save where explicitly provided otherwise, 
the  Commission  should  adopt  those  implementing  acts  in  accordance  with  the 

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OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 30, 31.1.2009, p. 16. 

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(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

provisions  of  Regulation  (EU)  No  XX/XXXX  of  the  European  Parliament  and  the 
Council on… 

Some of the provisions on direct support schemes that have so far been adopted by the 
Commission  under  the  powers  conferred  on  it  by  Regulation  (EC)  No  73/2009  are 
considered  of  such  importance  that  they  should  be  incorporated  in  that  Regulation. 
Those  elements  concern  some  of  the  detailed  rules  laid  down  in  Commission 
Regulations No (EU) 1120/20096, No (EU) 1121/20097 and No (EU) 1122/20098. 

In  the  light  of  the  experience  gained  with  the  application  of  Regulation  (EC)  No 
73/2009  some  of  the  provisions  of  that  Regulation  should  be  simplified,  particularly 
regarding cross compliance requirements. 

For reasons of legal certainty and clarity it is appropriate to provide for the definitions 
of 'arable land', 'permanent crops', 'permanent pasture' and 'grassland'.  

Since  permanent  pasture  has  a  positive  environmental  effect,  measures  are  to  be 
adopted  to  encourage  the  maintenance  of  existing  permanent  pasture  to  avoid  a 
massive conversion into arable land. In order to ensure that Member States determine 
the  ratio  of  permanent  pasture  and  agricultural  land  that  has  to  be  maintained  in  a 
coherent way, the Commission should adopt implementing acts on the determination 
of the data necessary to establish this ratio. 

In order to ensure an effective implementation of the farm advisory system provided 
for  in  Article  12  of  Regulation  (EC)  No  73/2009,  so  as  to  render  such  system  fully 
operational, the Commission may adopt rules by means of implementing acts. 

In order to ensure that the respect of cross compliance requirements can be verified, 
farmers are required to declare all agricultural areas of their holding. This also applies 
when the farmers do not apply for any area-based direct payment and only have small 
areas at their disposal. In those cases, for the sake of simplification, it should be made 
possible for the Member States not to require the declaration of those areas, provided 
the total area of the holding concerned does not exceed one hectare and provided that a 
reference to those areas is made in the aid application. 

(11)  An  effective  implementation  of  cross  compliance  needs  verification  of  respect  of 
obligations at farmers' level. The Commission should,  by way of implementing  acts, 
adopt rules on the controls to be performed by the Member States, to ensure a uniform 
and  sufficiently  high  level  of  performance  of  these  verifications  in  particular  with 
regard to selection of farms, execution of checks and reporting. Where a Member State 
decides  to  make  use  of  the  option  to  consider  a  non-compliance  as  minor  or  not  to 
apply a reduction or exclusion where the amount concerned is less than EUR 100, the 
competent  control  authority  should,  in  the  following  year,  verify  that  the  farmer 
remedies the findings of the non-compliance concerned. However, in order to ease the 
administrative  burden,  consideration  should  be  given  to  simplifying  the  follow-up 
checks system. 

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OJ L 316, 2.12.2009, p. 1. 
OJ L 316, 2.12.2009, p. 27. 
OJ L 316, 2.12.2009, p. 65. 

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(12)  The Member States have to implement an integrated administration and control system 
as provided for in Article 14 of Regulation (EC) No 73/2009. To ensure a uniform and 
sufficiently  high  level  of  performance  of  the  different  elements  of  that  system  with 
regard  to  the  technical  aspects,  the  Commission  should  adopt  implementing  acts  on 
basic  features,  definitions  and  quality  requirements  on  the  system  and  its  different 
elements. 

(13) 

In  order  to  ensure  a  coherent  and  efficient  administration  of  aid  applications  the 
Commission should adopt  implementing acts pertaining to the aid application and to 
the application for payment entitlements. Those acts should ensure that sufficient time 
and all the necessary information is provided to allow the verification of the eligibility 
conditions.  When  duly  justified  certain  flexibility  should  be  given  to  the  farmer. 
Furthermore,  the  eligibility  rules  such  as  retention  periods  of  animals  should  not 
hinder  the  farmers  from  transferring  their  entire  holding  after  the  application  is 
submitted but during this period. The conditions for such transfers should therefore be 
defined. 

(14)  Verification  of  eligibility  conditions  should  be  carried  out  with  a  view  to  the 
protection  of  the  Union  Funds.  To  enable  such  verification  of  the  fulfilment  of  the 
obligations  linked  to  the  payment  by  the  farmers  as  well  as  to  ensure  a  correct 
distribution  of  the  funds  to  the  entitled  farmers  the  Commission  should  adopt 
implementing  acts  on  the  controls  to  be  performed  by  the  Member  States.  When 
appropriate,  those  acts  should  also  lay  down  rules  for  the  situation  when  other 
services,  bodies  or  organisations  than  the  competent  authority  are  engaged  in  the 
administration of the payments. 

(15)  Article 28 of Regulation (EC) No 73/2009 provides for minimum requirements to be 
respected, but the application of point (b) of the first subparagraph of Article 28(1) is 
not  appropriate  for  farmers  who  are  still  receiving  direct  payments  under  certain 
coupled schemes but do not hold any hectares. Those farmers are in the same situation 
as farmers holding special entitlements and in order to ensure the full effectiveness of 
the coupled schemes in question they should therefore be treated in the same way for 
the  purposes  of  Article  28(1)  of  that  Regulation.  Also,  when  a  Member  State  has 
selected  a  threshold  in  hectares  as  foreseen  in  Article  28(1)(b),  farmers  receiving 
specific  support  referred  to  in  Title  III,  Chapter  V  who  hold  fewer  hectares  than  the 
threshold  selected  by  a  Member  State  should  be  subject  to  the  threshold  in  Euro 
selected by the Member State as foreseen in Article 28(1)(a). 

(16)  Rules regarding the minimum size per holding for which the establishment of payment 

entitlements can be requested should be fixed. 

(17) 

(18) 

In order to ensure the continuity of the direct payments system in case of extraordinary 
circumstances,  the  Commission  should  be  allowed  to  adopt  necessary  and  justified 
measures in order to overcome such eventualities. 

In order to ensure the efficient administration of the single payment scheme provided 
for  in  Title  III  of  Regulation  (EC)  No  73/2009,  the  use  of  agricultural  areas  for  non 
agricultural activities should be defined. 

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(19)  To  take  into  account  the  internal  organisation  of  Member  States,  they  should  be 
allowed  to  administer  the  national  reserve  at  regional  level.  Rules  for  such 
administration should be established. 

(20)  Specific rules for the reversion by Member States to the national reserve of the unused 

payment entitlements should be fixed.  

(21)  The  rules  regarding  the  limitation  to  the  transfer  of  payment  entitlements  should  be 

adapted in order to take into account particular transfer situations. 

(22) 

In order to ensure that the conditions for special entitlements continue to be met rules 
should be adopted on the calculation of livestock units. 

(23)  To  ensure  equal  treatment  between  operators  the  Commission  should  adopt 
implementing acts for the initial allocation of payment entitlements in the context of 
the  implementation  of  the  single  payment  scheme  in  the  new  Member  States  as 
provided for in Article 55 of Regulation (EC) No 73/2009.  

(24)  To  ensure  equal  treatment  between  operators  the  Commission  should  adopt 
implementing  acts  for  the  calculation  of  livestock  units  for  special  entitlements  as 
provided for in Article 44(2) of Regulation (EC) No 73/2009.  

(25)  To  ensure  equal  treatment  between  operators  the  Commission  should  adopt 
implementing  acts  for  the  specific  support  measures  concerning  specific  agricultural 
activities  entailing  additional  agri-enviroment  benefits,  areas  subject  to  restructuring 
and/or development programs, crop, animal and plant insurance measures as provided 
for  in  Article  68  of  Regulation  (EC)  No  73/2009.  In  the  case  of  mutual  funds  for 
animal  plants  diseases  and  environment  incidents,  these  rules  should  in  particular 
include  the  minimum  and  maximum  duration  of  the  commercial  loans  eligible  for  a 
financial  contribution  and  the  obligation  by  member  States  to  submit  to  the 
Commission an annual report on the implementation of Article 71 of Regulation (EC) 
No 73/2009. 

(26) 

In order to ensure the efficient administration of the aid schemes provided for in Title 
IV of Regulation (EC) No 73/2009, rules on the precise functioning of those regimes 
need to be established. 

(27)  Rules  concerning  the  limitations  to  the  transfer  of  premium  rights  in  the  case  of 

premiums in the sheepmeat and goatmeat sector should be established. 

(28)  Rules  concerning  the  minimum  number  of  animals  to  be  declared  as  regards  the 
special premium and as regards the suckler cow premium should be established. 

(29)  Rules  concerning  the  limits  to  the  transfer  of  suckler  cow  premium  rights  should  be 

established. 

(30)  To ensure a sound administration of the choices made by Member States concerning 
the  coupled  payments,  the  Commission  should  fix  the  ceilings  corresponding  to  the 
single  payment  scheme,  to  the  coupled  measures  within  the  specific  support,  the 
separate  sugar  payment,  the  separate  fruit  and  vegetables  payment,  the  separate  soft 
fruit payment and the funds notified by the Member States in accordance with Article 
69(6)(a). 

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(31)  Article  132  of  Regulation  (EC)  No  73/2009  provides  for  the  possibility  in  the  new 
Member States of complementing direct aid paid to a farmer, subject to authorisation 
by the Commission. Complementary national direct payments paid not in conformity 
with the authorisation by the Commission should be qualified as unlawful aid. 

(32)  Exchange of information between the Commission and the Member States is essential 
for  a  proper  management  of  the  funds.  The  Commission  should  by  means  of 
implementing acts adopt uniform rules on the exchange of information. These should 
in  particular  include  rules  on  notifications  of  decisions  by  Member  States  and  on 
statistics and reports to be sent by Member States. 

(33)  Regulation (EC) No 73/2009 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 73/2009 is amended as follows: 

(1) 

In Article 2, the following points are added : 

"(i) 
'arable land’ means land cultivated for crop production or maintained in 
good  agricultural  and  environmental  condition  in  accordance  with  Article  6, 
irrespective of whether or not that land is under greenhouses or under fixed or 
mobile cover; 

(j) 
'permanent  crops’  means  non-rotational  crops  other  than  permanent 
pasture  that  occupy  the  land  for  five  years  or  longer  and  yield  repeated 
harvests, including nurseries, and short rotation coppice; 

'permanent  pasture’  means  land  used  to  grow  grasses  or  other 
(k) 
herbaceous  forage  naturally  (self-seeded)  or  through  cultivation  (sown)  and 
that has not been included in the crop rotation of the holding for five years or 
longer, excluding areas set aside in accordance with Council Regulation (EEC) 
No  2078/92*,  areas  set  aside  in  accordance  with  Articles  22,  23  and  24  of 
Council  Regulation  (EC)  No  1257/1999**  and  areas  set  aside  in  accordance 
with Article 39 of Regulation (EC) No 1698/2005; and to this end, ‘grasses or 
other  herbaceous  forage’  means  all  herbaceous  plants  traditionally  found  in 
natural  pastures  or  normally  included  in  mixtures  of  seeds  for  pastures  or 
meadows  in  the  Member  State  (whether  or  not  used  for  grazing  animals). 
Member States may include arable crops as defined by the Commission; 

'grassland’  means  arable  land  used  for  grass  production  (sown  or 

(l) 
natural); grassland shall include permanent pasture.  

* OJ L 215, 30.7.1992, p. 85. 

** OJ L 160, 26.6.1999, p. 80." 

(2) 

The following Article 2a is inserted: 

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"Article 2a 

Amendment of Annex I 

In  order  to  take  into  account  new  legislation  that  may  become  necessary,  the 
Commission shall, by means of a delegated act, amend Annex I." 

(3) 

In Article 6, the following paragraphs are added:  

In  order  to  ensure  that  measures  are  taken  to  maintain  the  land  under 
"3. 
permanent pasture at the level of farmers, the Commission shall, by means of 
delegated acts, adopt provisions including individual obligations at the level of 
farmers  to  be  respected  where  it  is  established  that  the  share  of  land  under 
permanent pasture is decreasing." 

4. 
The  Commission  shall,  by  means  of  implementing  acts,  adopt  the 
methods  for  the  determination  of  the  ratio  of  permanent  pasture  and 
agricultural land that has to be maintained." 

(4) 

In Article 8, paragraph 2 is replaced by the following: 

The  Commission  shall,  by  means  of  implementing  acts,  review  the 

"2. 
ceilings set out in Annex IV 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  European  Agricultural  Fund  for  Rural  Development 
(EAFRD) in accordance with Article 136 of this Regulation." 

(5) 

Article 9 is amended as follows: 

(a) 

In the first subparagraph of paragraph 2, the introductory part is replaced by the 
following:  

"The amounts corresponding to one percentage point shall 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 by the Commission by means 
of an implementing act on the basis of the following criteria: " 

(b) 

In paragraph 3, the following subparagraph is inserted: 

"In order to take into account new legislation that may become necessary, the 
Commission shall, by means of a delegated act, amend Annex V." 

(c)  Paragraph 4 is replaced by the following: 

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"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  by 
the  Commission  by  means  of  implementing  acts.  They  shall  be  used  in 
accordance with Article 69(5a) of Regulation (EC) No 1698/2005." 

(6) 

In Article 10, paragraph 3 is replaced by the following: 

"3. 
Any amount resulting from the application of Article 7(1) and (2) shall 
be allocated to the new Member State where the corresponding amounts have 
been  generated,  by  the  Commission  by  means  of  implementing  acts.  Those 
amounts  shall  be  used  in  accordance  with  Article 69(5a)  of  Regulation  (EC) 
No 1698/2005." 

(7) 

In Chapter 2 of Title II, the following Article is added: 

"Article 11a 

Delegation of powers to the Commission 

In  order  to  ensure  a  harmonised  implementation  of  modulation  and 
1. 
financial  discipline  the  Commission  may,  by  means  of  delegated  acts,  adopt 
detailed  rules  on  the  basis  for  calculation  of  reductions  to  be  applied  to  the 
farmers  by  the  Member  States  due  to  modulation  and  financial  discipline  as 
foreseen in Articles 9, 10, 11. 

2. 
In  order  to  ensure  the  allocation  referred  to  in  Article  9(2),  the 
Commission  shall,  by  means  of  delegated  acts,  lay  down  the  criteria  for  the 
allocation of amounts made available by the application of modulation." 

(8) 

In Article 12, the following paragraphs are added: 

"5. 
In  order  to  guarantee  the  proper  functioning  of  the  farm  advisory 
system,  the  Commission  may  adopt,  by  means  of  delegated  acts,  provisions 
aiming at rendering such system fully operational. These provisions may relate, 
amongst others, to the scope of the farm advisory system and the accessibility 
criteria for farmers. 

The Commission may, by means of implementing acts, adopt rules for 

6. 
the uniform implementation of the farm advisory system." 

(9) 

In Article 19(1), the following subparagraphs are added:  

"Each Member State shall determine the minimum size of agricultural parcels 
in respect of which an application may be made. However, the minimum size 
may not exceed 0,3 ha. 

By  way  of  derogation  from  point  (a)  of  the  first  subparagraph,  the  Member 
States may decide that a farmer who does not apply for any area-based direct 
payment does not have to declare all his agricultural parcels in the case where 
the  total  area  of  those  parcels  does  not  exceed  one  hectare.  The  farmer  shall 
however indicate in his application that he disposes of agricultural parcels and 

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shall  at  the  request  of  the  competent  authorities  indicate  the  location  of  the 
parcels concerned." 

(10) 

In Article 21, paragraph 1 is replaced by the following: 

"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 
conditions  of  eligibility  have  been  met  shall  be  subject  to  reductions  and 
exclusions." 

(11) 

In Article 22, the following paragraph is added: 

"3. 
The Commission shall, by means of implementing acts, adopt rules for 
the carrying out of controls and checks in order to verify compliance with the 
obligations referred to in Chapter 1."  

(12) 

In Article 23, paragraph 2 is replaced by the following: 

"2.  Notwithstanding  paragraph  1  and  in  accordance  with  the  conditions  laid 
down in the rules referred to in Article27a(5), Member Sates may decide not to 
apply a reduction or exclusion amounting to EUR 100 or less per farmer and 
per calendar year. 

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  verify  that  the  farmer  remedies  the  findings  of  non-
compliance concerned. The finding and the obligation to take remedial action 
shall be notified to the farmer."  

(13)  Article 24 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

For the calculation of reductions and exclusions, account shall be taken 
"1. 
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." 

(b) 

In paragraph 2, the third subparagraph is replaced by the following: 

"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  verify 
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."  

(14) 

In Chapter 4 of Title II, the following Articles are added: 

EN 

"Article 27a 

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Delegation of powers to the Commission 

1. 
In  order  to  ensure  a  correct  distribution  of  the  funds  to  the  entitled 
farmers  and  to  ensure  that  the  integrated  administration  and  control  system 
provided for in this Chapter is implemented in an efficient, coherent and non-
discriminatory  way  which  protects  the  financial  interests  of  the  Union,  the 
Commission may, by means of delegated acts, adopt the following:  

(a) 

specific definitions needed to ensure a harmonised implementation of the 
integrated system; 

(b)  provisions  required  for  a  harmonised  definition  of  the  basis  for 
calculation  of  aid,  including  rules  on  how  to  deal  with  certain  cases 
where eligible areas contain landscape features or trees; 

(c) 

(d) 

(e) 

rules  in  order  to  safeguard  the  farmers'  rights  in  the  cases  of  force 
majeure and exceptional circumstances within the meaning of Article 31; 

rules in order to ensure a harmonised basis for calculation of reductions 
due  to  cross  compliance  taking  also  into  account  reductions  due  to 
modulation and financial discipline;  

rules on any further measures to be taken by the Member States for the 
proper application of this Chapter as well as arrangements for any mutual 
assistance needed between Member States. 

2. 
In  order  to  ensure  a  correct  distribution  of  the  funds  to  the  entitled 
farmers as regards the aid applications provided for in Article 19 and to enable 
the  verification  of  the  fulfilment  of  the  obligations  related  thereto  by  the 
farmers,  the  Commission  shall,  by  means  of  delegated  acts,  lay  down  the 
following: 

(a) 

(b) 

rules concerning the minimum size of agricultural parcels to be declared, 
in  order  to  reduce  the  administrative  burden  for  the  farmers  and 
authorities; 

a  derogation  from  Council  Regulation  (EEC,  Euratom)  No  1182/71*  in 
order to safeguard the farmers' rights to payments where the final date for 
submission of applications or amendments is a public holiday, Saturday 
or Sunday; 

(c) 

in case of late application for payment or for allocation of entitlements, 
the maximum delay and reductions in case of such delay. 

3. 
In  order  to  ensure  that  the  verification  of  the  eligibility  conditions 
provided  for  in  Article  20  is  carried  out  in  an  efficient,  coherent  and  non-
discriminatory  way  which  protects  the  financial  interests  of  the  Union,  the 
Commission shall, by means of delegated acts, adopt provisions, in particular 
for the event that the farmer prevents a control to take place. 

In order to ensure that the calculation and application of reductions and 
4. 
exclusions are carried out in accordance with the principle laid down in Article 

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21 and in an efficient, coherent and non-discriminatory way which protects the 
financial interests of the Union, the Commission shall, by means of delegated 
acts, adopt the following:  

(a) 

provisions on reductions and exclusions in relation to the correctness and 
completeness  of  the  information  in  the  application  such  as  over-
declarations of areas or animals or lacking declaration of areas as well as 
provisions  to  ensure  a  harmonised  and  proportionate  treatment  of 
intentional  irregularities,  situations  of  minor  errors,  accumulation  of 
reductions  and  simultaneous  application  of  different  reductions,  as  well 
as specific provisions for the purpose of the measures implemented under 
Article 68; 

(b) 

rules  providing  for  the  non-application  of  reductions  in  certain  cases, 
ensuring proportionality when applying reductions. 

In  order  to  ensure  that  cross  compliance  is  carried  out  in  an  efficient, 
5. 
coherent  and  non-discriminatory  way,  the  Commission  may,  by  means  of 
delegated acts, adopt rules for the calculation and applications of reductions in 
accordance with the principles laid down in Articles 23 and 24, including rules 
for the non-application of reductions in certain cases. 

Article 27b 

Implementing rules 

For  the  purposes  of  the  uniform  implementation  of  this  Chapter,  the 
Commission shall, by means of implementing acts, lay down the following:  

(a) 

(b) 

(c) 

(d) 

(e) 

the basic features, definitions and quality requirements for the integrated 
system  to  record  the  identity  of  each  farmer  who  submits  an  aid 
application provided for in Article 15; 

the  basic  features,  definitions  and  quality  requirements  for 
computerised database provided for in Article 16; 

the 

the  basic  features,  definitions  and  quality  requirements  for 
identification system for agricultural parcels provided for in Article 17; 

the 

the basic features, definitions and quality requirements for the system for 
the identification and registration of payment entitlements provided for in 
Article 18; 

rules  concerning  the  aid  application  and  the  application  for  payment 
entitlements  provided  for  in  Article  19,  including  the  final  date  for 
submission of applications, the requirements to the minimum amount of 
information to be included in the application, provisions for amendments 
or the withdrawal of aid applications, exemption from the requirement to 
submit an aid application and provisions which allow Member States to 
apply simplified procedures or to adjust obvious errors; 

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(f) 

rules  for  the  carrying  out  of  checks  in  order  to  verify  compliance  with 
obligations,  and  correctness  and  completeness  of  the  information 
provided  in  the  aid  application.  With  regard  to  hemp,  this  shall  in 
particular include detailed rules relating to the specific control measures 
and methods for determining tetrahydrocannabinol levels and with regard 
to cotton a system for control of the approved interbranch organisations; 

(g)  with regard to hemp, rules relating  to the specific control measures and 

methods for determining tetrahydrocannabinol levels; 

(h)  with  regard  to  cotton,  a  system  for  control  of  the  approved  interbranch 

organisations 

(i) 

(j) 

rules on the recovery of unduly paid amounts of aid and unduly allocated 
payment entitlements;  

technical  definitions  needed 
implementation of this Chapter; 

for 

the  purpose  of 

the  uniform 

(k)  provisions  in  relation  to  situations  of  transfer  of  holdings  when  also 
transferring  any  obligation  concerning  the  eligibility  to  the  aid  in 
question still to be fulfilled; 

* OJ L 124, 8.6.1971, p. 1." 

(15) 

In Article 28(1), the third subparagraph is replaced by the following: 

"Farmers  holding  special  entitlements  referred  to  in  Article 44(1)  or  farmers 
receiving the premiums for sheep and goat referred to in Section 10 of Chapter 
1 of Title IV or the beef and veal payment referred to in Section 11 of Chapter 
1 of Title IV or farmers receiving specific support referred to in Chapter 5 of 
Title  III  who  hold  fewer  hectares  than  the  threshold  selected  by  a  Member 
State when point (b) of the first subparagraph is applied, shall be subject to the 
condition referred to in point (a) of the first subparagraph of this paragraph." 

(16) 

In Article 29, paragraph 4 is replaced by the following: 

By  way  of  derogation  from  paragraph 2,  the  Commission  may,  by 

"4. 
means of implementing acts: 

(a) 

provide for advances; 

(b) 

authorise  the  Member  States,  subject  to  the  budgetary  situation,  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. 

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The Commission may, by means of implementing acts, adopt rules relating to 
the payment of those advances." 

(17)  The following Article 31a is inserted: 

"Article 31a 

Implementing rules 

The Commission may adopt, by means of implementing acts, measures which 
are both necessary and duly justified to resolve, in an emergency, practical and 
specific  problems;  such  measures  may  derogate  from  certain  parts  of  this 
Regulation,  but  only  to  the  extent,  and  for  such  a  period,  as  is  strictly 
necessary." 

(18) 

In Article 33, the following paragraphs are added: 

"4. 
A Member State may decide to fix a minimum size per holding in terms 
of  agricultural  area  for  which  the  establishment  of  payment  entitlements  may 
be requested. However, the minimum size shall not be higher than the limits set 
under  point  (b)  of  the  first  subparagraph  in  conjunction  with  the  second 
subparagraph  of  Article  28(1).  No  minimum  size  shall  be  fixed  for  the 
establishment of the special entitlements referred to in Articles 60 and 65. 

In  order  to  take  into  account  new  legislation  that  may  become 
5. 
necessary,  the  Commission  shall,  by  means  of  a  delegated  act,  amend  Annex 
IX. 

6. 
The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules 
relating to the application for support in the year of allocation of entitlements 
where  the  entitlements  may  not  be  definitively  established  yet  and  where  the 
allocation  is  affected  by  specific  circumstances,  as  well  as  a  ceiling  for  the 
single payment scheme referred to in this Title." 

(19) 

In Article 34(2), the second subparagraph is replaced by the following: 

"Where  an  agricultural  area  of  a  holding  is  also  used  for  non-agricultural 
activities as referred to in point (a) of the first subparagraph that area shall be 
considered  as  being  used  predominantly  for  agricultural  activities,  if  the 
agricultural activity can be exercised without being significantly hampered by 
the  intensity,  nature,  duration  and  timing  of  the  non-agricultural  activity. 
Member  States  shall  establish  criteria  for  the  implementation  of  this 
subparagraph on their territory." 

(20) 

In Article 36, the second paragraph is deleted. 

(21) 

In Article 38, the second paragraph is replaced by the following: 

"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  by  means  of 

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implementing acts for regions where cereals are normally harvested earlier for 
climatic reasons." 

(22) 

In Article 39, paragraph 2 is deleted. 

(23) 

In Article 40(1), the second subparagraph is replaced by the following: 

"Where  payment  entitlements  are  allocated  to  wine  growers,  the  Commission 
shall,  taking  account  of  the  latest  data  made  available  to  it  by  the  Member 
States in accordance with Articles 103o and the second subparagraph of Article 
188a(3)  of  Regulation  (EC)  No  1234/2007,  by  means  of  implementing  acts, 
adapt  the  national  ceilings  determined  in  Annex  VIII  to  this  Regulation.  By 
1 December  of  the  year  preceding  the  adaptation  of  the  national  ceilings, 
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." 

(24)  Article 41 is amended as follows: 

(a) 

In paragraph 1, the following subparagraphs are added: 

"Member  States  may  administer  the  national  reserve  at  regional  level.  In  that 
case, Member States shall allocate, in full or in part, the amounts available at 
national  level  to  the  regional  level  in  accordance  with  objective  and  non-
discriminatory criteria and in such a way as to ensure equal treatment between 
farmers and to avoid market and competition distortions. 

The amounts allocated to each regional level may be considered available for 
allocation  within  the  region  concerned  only,  except  where  paragraph  4  or, 
according to the Member State’s choice, paragraph 2 is applied." 

(b)  Paragraph 4 is replaced by the following: 

"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 entitlements to farmers placed in a special situation." 

(c)  The following paragraph is added: 

"7. 
The Commission shall, by means of implementing acts, adopt rules on 
the allocation of payment entitlements in case the farmer is entitled to receive 
entitlements  by  virtue  of  a  definitive  court  ruling  or  by  virtue  of  a  definitive 
administrative act of the competent authority of a Member State." 

(25) 

In Article 42, the following paragraphs are added: 

"Farmers may give up payment entitlements to the national reserve voluntarily. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  measures 
regarding  the  reversion  of  unused  payment  entitlements  to  the  national 
reserve." 

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(26)  Article 43 is amended as follows: 

(a) 

In paragraph 1, the following subparagraph is added: 

"The limitation to the transfer of payment entitlements referred to in the third 
subparagraph  shall  not  apply  in  case  of  actual  or  anticipated  inheritance  of 
payment entitlements without an equivalent number of eligible hectares." 

(b)  Paragraph 3 is replaced by the following: 

"3. Where payment entitlements are sold, with or without land, Member States 
may, acting in compliance with the general principles of Union 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 by means of implementing acts. 

In case of sale of payment entitlements with or without land to a farmer who 
commences  his  agricultural  activity  and  in  case  of  actual  or  anticipated 
inheritance of payment entitlements, no retention shall apply." 

(c)  The following paragraph is added: 

"4. 
The Commission shall, by means of implementing acts, adopt rules on 
specific conditions concerning the transfer of payment entitlements, as well as 
the  procedure  to  be  followed  by  Member  States  in  such  case  and,  for  the 
purposes  of  Article  62(3),  rules  on  the  calculation  of  the  percentage  of  the 
payment  entitlements  the  farmer  has  used  and  the  use  of  such  entitlements. 
Those rules may also cover transfers of entitlements where Member States use 
the  option  provided  for  in  the  third  subparagraph  of  paragraph  1  and  the 
retention  of  the  value  of  payment  entitlements  in  case  of  the  sale  of  the 
entitlement referred to in the second subparagraph of paragraph 3." 

(27) 

In Article 44, the following paragraph is added: 

"4. 
The Commission shall, by means of implementing acts, adopt rules on 
the calculation of LU for the purposes of special entitlements and the activation 
of special entitlements." 

(28) 

In Chapter 1 of Title III, the following Article is added: 

"Article 45a 

Delegation of powers to the Commission 

In  order  to  guarantee  the  protection  of  the  rights  of  beneficiaries,  the 

1. 
Commission shall, by means of delegated acts, lay down the following:  

(a) 

rules  on  the  eligibility  and  the  access  to  the  single  payment  scheme  of 
farmers,  including  in  case  of  inheritance  and  anticipated  inheritance, 
inheritance under a lease, change of legal status or denomination and in 
case of merger or scission of the holding;  

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(b) 

(c) 

(d) 

(e) 

rules on the calculation of the unit value of payment entitlements and for 
the  modification  of  payment  entitlements,  in  particular  in  the  case  of 
fractions of entitlements;  

specific  definitions,  for  the  purposes  of  Article  41(2)  for  farmers  who 
commence their agricultural activity;  

rules  on  the  establishment  and  calculation  of  the  value  and  number  of 
payment entitlements or increase of value of entitlements received from 
the national reserve;  

rules on the allocation of payment entitlements from the national reserve 
to farmers who declare fewer hectares than the number corresponding to 
payment entitlements they had been allocated in accordance with Articles 
43  and  59  of  Regulation  (EC)  No  1782/2003  in  case  the  Member  State 
uses the option provided for in Article 41(3);  

(f) 

rules defining the special situations referred to in Article 41(4) and rules 
on  the  access  of  farmers  in  such  special  situations  to  payment 
entitlements from the national reserve.  

2. 
In order to ensure the proper management of payment entitlements, the 
Commission  shall,  by  means  of  delegated  act,  adopt  rules  on  the  declaration 
and use of payment entitlements. 

3. 
In order to clarify specific situations that may occur in the application 
of  the  single  payment  scheme,  the  Commission  shall,  by  means  of  delegated 
acts, adopt the following: 

(a) 

(b) 

rules  on  the  definition  in  the  national  legislation  for  ‘inheritance’  and 
‘anticipated inheritance'; 

rules on the calculation of value and number or increase of entitlements 
in  relation  to  the  allocation  of  entitlements  under  any  provision  of  this 
Title,  including  the  possibility  of  a  provisional  value  and  number  or 
increase of payment entitlements allocated on the basis of the application 
from  the  farmer,  the  conditions  for  establishing  the  provisional  and 
definitive  value  and  number  of  the  entitlements  and  provisions  for  the 
cases  where  a  sale  or  lease  contract  could  affect  the  allocation  of 
entitlements. 

4. 
In  order  to  facilitate  the  deferred  integration  of  fruits  and  vegetables 
into the single payment scheme, the Commission shall, by means of delegated 
acts,  adopt  rules  providing  for  the  possibility  to  allow  secondary  crops  to  be 
cultivated  on  the  eligible  hectares  for  Member  States  having  used  one  of  the 
options as set out in the third subparagraph of Article 51(1); 

5. 
In order to establish a list of hemp varieties eligible for direct payments 
and  to  preserve  public  health,  the  Commission  shall,  by  means  of  delegated 
acts, adopt rules making the granting of payments subject to the use of certified 
seeds of certain varieties and providing for the procedure for the determination 
of hemp varieties referred to in Article 39." 

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(29) 

In Article 51(2), the first subparagraph is replaced by the following: 

"On the basis of the choice made by each Member State, the Commission shall, 
by  means  of  implementing  acts,  determine  a  ceiling  for  each  of  the  direct 
payments referred to in Articles 52, 53 and 54." 

(30) 

In Chapter 2 of Title III, the following Article is added: 

"Article 54a 

Delegation of powers to the Commission 

In  order  to  take  account  of  specificities  of  the  sectors  concerned,  the 
Commission shall, by means of delegated acts, adopt rules on the establishment 
and  calculation  of  payment  entitlements  and  the  options  provided  for  in  this 
Chapter." 

(31) 

In Article 57, paragraph 2 is replaced by the following: 

"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." 

(32) 

In Article 59, the following paragraph is added: 

"4. 
The Commission shall, by means of implementing acts, adopt necessary 
measures regarding conditions for the identification of the eligible farmers, the 
provisional  establishment  of  the  number  of  hectares  and  the  preliminary 
verification of the conditions for the application." 

(33) 

In Article 60, the following paragraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  on  the 
calculation  of  the  agricultural  activity  expressed  in  LU  referred  to  in  Article 
44(2)(a) and the checking/verification of the minimum agricultural activity in 
new Member States referred to in Article 44(2)(b)." 

(34) 

In Article 62(3), the following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures  regarding  the  calculation  of  the  percentage  of  the  payment 
entitlements used by the farmer." 

(35) 

In Chapter 3 of Title III, the following Article is added: 

"Article 62a 

Delegation of powers to the Commission 

In  order  to  have  an  efficient  administration  of  the  entitlements  by 
1. 
Member States, the Commission shall, by means of delegated acts, adopt rules 
on  the  initial  allocation  of  payment  entitlements  in  the  case  of  the 

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implementation  of  the  single  payment  scheme  in  the  new  Member  States 
having applied the single area payment scheme.  

2. 
In order to adapt to the changing situation of the agricultural sector, the 
Commission shall, by means of delegated acts, adopt rules on a representative 
period for the purpose of Article 57(3) and Article 59(3). 

3. 
In order to ensure an efficient administration  of payment entitlements, 
the  Commission  shall,  by  means  of  delegated  acts,  adopt  rules  on  the 
establishment and calculation of the value and number of payment entitlements 
or  increase  of  value  of  entitlements  received  from  the  national  reserve  under 
this Chapter and the options provided therein. 

In  order  to  guarantee  the  protection  of  the  rights  of  beneficiaries,  the 

4. 
Commission shall, by means of delegated acts, adopt the following: 

(a) 

rules on the allocation of payment entitlements from the national reserve 
to farmers who declare fewer hectares than the number corresponding to 
payment entitlements they had been allocated in accordance with Articles 
43  and  59  of  Regulation  (EC)  No  1782/2003  in  case  the  Member  State 
having applied the single area payment scheme uses the option provided 
for in Article 57(5) of this Regulation; 

(b) 

rules defining special situations referred to in Article 57(2) and rules on 
the  access  of  farmers  in  such  special  situations  to  payment  entitlements 
from the national reserve under this Chapter."  

(36) 

In Article 67, paragraph 1 is replaced by the following:  

 "1.  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 that case, the Commission 
shall, by means of implementing acts, adjust the national ceilings referred to in 
Article  40  by  adding  the  amounts  from  Annex  XII  for  the  aid  scheme 
concerned." 

(37) 

In Chapter 4 of Title III, the following Article is added: 

"Article 67a 

Delegation of powers to the Commission 

In order to enable the integration of coupled payments listed in Annex XI, and 
the transfer from the wine support programmes referred to in Annex IX into the 
single  payment  scheme,  the  Commission  may,  by  means  of  delegated  acts, 
adopt rules on access to payments, on the establishment of the amount and on 
the number or increase of the value of the entitlements to be allocated." 

(38)  Article 68 is amended as follows:  

(a)  Paragraph 2(a)(ii) is replaced by the following: 

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it has been approved by the Commission by means of an implementing 

"(ii) 
act without the assistance of the Committee referred to in Article 141c" 

(b)  Paragraph 7 is replaced by the following: 

In order to ensure an efficient and targeted use of Union Funds and to 
"7. 
avoid double funding under other similar support instruments, the Commission 
shall,  by  means  of  delegated  acts,  adopt  the  conditions  for  the  Commission 
approval  referred  to  in  paragraph 2(a)(ii)  and  the  conditions  for  granting  the 
support referred to in this Chapter, rules on the consistency with other Union 
measures and on the cumulation of support as well as rules on the definition of 
the individual support measures referred to in paragraph 1." 

(c) 

In Paragraph 8, the second subparagraph is deleted. 

(d)  The following paragraphs are added: 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  the 

"9. 
following:  

(a) 

(b) 

rules on the calculation of the value of each payment entitlement received 
by a farmer who does not own any payment entitlement and is applying 
for  the  support  referred  to  in  paragraph  1(c),  including  rules  on  the 
calculation of the increase of the per hectare amount under the single area 
payment scheme referred to in Article 131(2); 

rules  on  the  calculation  of  the  destruction  of  the  average  annual 
production  of  a  farmer  in  accordance with  Article  70(2)  for  the  support 
referred  to  in  paragraph  1(d)  of  his  Article,  including  rules  on  the 
obligation  for  farmers  to  inform  the  Member  State  of  their  insurance 
policy; 

(c) 

the  procedure  for  the  assessment  and  approval  of  measures  taken 
pursuant to paragraph (1)(a)(v). 

10.  According  to  the  decision  taken  by  each  Member  State  pursuant  to  the 
first subparagraph of paragraph 8, the Commission shall, by means of an 
implementing act, fix the corresponding ceiling for that support." 

(39)  Article 69 is amended as follows: 

(a) 

In paragraph 3, the first subparagraph is replaced by the following: 

"According to the decision taken by each Member State pursuant to paragraph 
1 on the amount of national ceiling to be used, the Commission shall, by means 
of implementing acts, fix, the corresponding ceiling for that support." 

(b) 

In paragraph 4, the following subparagraph is added: 

"On the basis of the choice made by each Member State, the Commission shall, 
by  means  of  implementing  acts,  fix  the  corresponding  global  ceiling  for  the 
support referred to in this paragraph." 

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(c)  Paragraph 6 is amended as follows: 

(i) 

point (a) is replaced by the following: 

"(a) 
in Article 68(1) by using an amount to be calculated in accordance with 
paragraph 7  of  this  Article  and  fixed  by  the  Commission  by  means  of  an 
implementing act ; and/or" 

(ii) 

the following subparagraph is added:  

"On the basis of the choice made by each Member State, the Commission shall 
fix,  by  means  of  implementing  acts,  the  corresponding  amount  for  the  funds 
referred to in point(a) of the first subparagraph." 

(d) 

In Paragraph 7, the fourth subparagraph is replaced by the following: 

"Upon  request  from  a  Member  State,  the  Commission  shall,  by  means  of  an 
implementing  act,  revise  the  established  amounts  on  the  basis  of  rules 
established by the Commission by means of the same type of act." 

(40)  Article 71 is amended as follows: 

(a) 

In paragraph 6, the second subparagraph is replaced by the following: 

"The minimum and maximum duration of the commercial loans eligible for a 
financial  contribution  as  well  as  its  source  shall  be  determined  by  the 
Commission by means of implementing acts. Those acts may include rules on 
the information of farming communities." 

(b)  Paragraph 10 is replaced by the following: 

"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 by means of implementing acts." 

(41) 

In Article 76, the following paragraph is added: 

"3. 
The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules 
regarding the coefficients of reduction, including the method of calculation and 
the date for fixing those coefficients." 

(42) 

In Section 1 of Chapter 1 of Title IV, the following article is added: 

"Article 76a 

Delegation of powers to the Commission 

In  order  to  ensure  an  efficient  and  targeted  use  of  the  Union  Funds  and  the 
efficient administration of the crop-specific schemes, the Commission may, by 
means of delegated acts, adopt rules on the minimum areas and specific rules 
relating to the sowing and cultivation of crops referred to in this Section." 

(43) 

In Article 77, the following paragraphs are added: 

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23 

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"In  order  to  enable  the  application  of  the  crop-specific  aid  schemes,  the 
Commission  shall,  by  means  of  delegated  acts,  adopt  rules  on  the  conditions 
for  the  granting  of  the  aid  for  starch  potato  growers,  including  rules  on 
eligibility, minimum price level and payment. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures regarding the payment of the aid." 

(44) 

In Article 80, the following paragraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures regarding the calculation of the bitter content of sweet lupins." 

(45) 

In Article 81, paragraphs 2 and 3 are replaced by the following: 

"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  by  the 
Commission, by means of implementing acts. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures  regarding  the  coefficients  of  reduction,  including  the  method  of 
calculation and the date for fixing those coefficients. 

Where,  in  accordance  with  Article 67,  a  Member  State  decides  to 
3. 
integrate the protein crop premium provided for in this Section into the single 
payment  scheme,  the  Commission  shall,  by  means  of  implementing  acts, 
reduce  the  maximum  guaranteed  area  referred  to  in  paragraph 1  of  this 
Article in  proportion  to  the  protein  crops  amount  corresponding  to  that 
Member State in Annex XII. 

In  order  to  ensure  an  efficient  and  targeted  use  of  the  Union  Funds  and  the 
efficient administration of the crop-specific schemes, the Commission shall, by 
means of delegated acts, adopt the following: 

(a) 

(b) 

rules on the minimum areas and specific rules relating to the sowing and 
cultivation of crops referred to in this Section; 

rules  on  the  conditions  for  the  granting  of  the  aid  for  protein  crops, 
including rules on the definition for sweet lupins and the eligibility of the 
mixture of cereals and protein crops." 

(46) 

In Article 84, the following paragraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures  regarding  the  coefficients  of  reduction,  including  the  method  of 
calculation and the date for fixing those coefficients." 

(47) 

In Article 85, the following paragraphs are added: 

In order to ensure an efficient and targeted use of Union Funds and in 
"4. 
order  to  ensure  the  efficient  administration  of  the  crop-specific  schemes,  the 

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24 

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Commission  shall,  by  means  of  delegated  acts,  adopt  rules  on  the  minimum 
areas and specific rules relating to the sowing and cultivation of crops referred 
to in this Section. 

5. 
To  ensure  an  efficient  management  of  crop-specific  schemes,  the 
Commission  shall,  by  means  of  delegated  acts,  adopt  rules  setting  eligibility 
conditions  for  agricultural  parcels  planted  with  nut  trees,  rules  defining  the 
minimum plot size and a minimum tree density and rules on the eligibility for 
national aid for nuts provided for in Articles 86 and 120." 

(48)  Article 87 is amended as follows: 

(a) 

In paragraph 3, the first subparagraph is replaced by the following: 

"The  amount  of  seed  aid  claimed  shall  not  exceed  a  ceiling  fixed  by  the 
Commission  by  means  of  implementing  acts  and  corresponding  to  the 
component of seed aid for the species concerned in the national ceiling referred 
to in Article 40 of 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." 

(b)  Paragraph 4 is replaced by the following: 

"4.  In  order  to  preserve  public  health,  the  Commission  shall,  by  means  of 
delegated acts, determine the varieties of hemp (Cannabis sativa L.) for which 
the seed aid provided for in this Article is payable." 

(c)  The following paragraphs are added: 

"5. 
In order to enable the application of the crop-specific aid schemes, the 
Commission shall, by means of delegated acts, lay down the definition of basic 
and officially certified seed. 

6. 
In order to ensure an efficient and targeted use of the Union Funds for 
seed  aid,  the  Commission  shall,  by  means  of  delegated  acts,  lay  down  the 
conditions for the production, territorial eligibility and marketing of seeds. 

7. 
In order to ensure an efficient and targeted use of the Union Funds and 
in order to ensure the efficient administration of the crop-specific schemes, the 
Commission  may,  by  means  of  delegated  acts,  adopt  rules  on  the  minimum 
areas and specific rules relating to the sowing and cultivation of crops referred 
to in this Section. 

8. 
In order to establish a list of hemp varieties eligible for direct payments 
and  to  preserve  public  health,  the  Commission  shall,  by  means  of  delegated 
acts, adopt rules making the granting of payments subject to the use of certified 
seeds of certain varieties and providing for the procedure for the determination 
of hemp varieties referred to in Article 87(4). 

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25 

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9. 
The Commission shall adopt, by means of implementing acts, necessary 
measures regarding the information to be submitted by seed establishments or 
breeders for checking the entitlements to the aid." 

(49)  Article 89 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"2.  Member  States  shall  authorize  the  land  and  the  varieties  referred  to  in 
paragraph  1  in  accordance  with  the  rules  and  conditions  referred  to  in 
paragraph 3. 

(b)  The following paragraphs are added: 

"3. 
To  ensure  an  efficient  management  of  crop-specific  schemes,  the 
Commission shall, by means of delegated acts, adopt rules and conditions for 
the  authorisation  of  land  and  varieties  for  the  purposes  of  the  crop  specific 
payment for cotton. 

4. 
The Commission shall, by means of implementing acts, adopt rules on 
the  procedure  of  the  authorisation  and  the  communications  to  the  producers 
related to this authorisation." 

(50) 

In Article 90, paragraph 5 is replaced by the following: 

"5. 
In order to enable the application of the crop-specific aid schemes, the 
Commission  shall,  by  means  of  delegated  acts,  adopt  rules  on  the  conditions 
for  the  granting  of  the  aid  for  cotton,  on  the  eligibility  requirements  and  the 
agronomic practices. 

The Commission may, by way means of implementing acts, provide for rules 
on the calculation of the reduction provided for in paragraph 4." 

(51)  Article 91 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

The  Member  State  where  the  ginners  are  established  shall  approve 

"2. 
inter-branch organisations that satisfy the criteria referred to in paragraph 3." 

(b)  The following paragraph 3 is added: 

"3. 
In  order  to  enable  the  efficient  application  of  the  crop-specific  aid 
schemes, the Commission shall, by means of delegated acts, adopt the criteria 
for  the  approval  of  inter-branch  organisations  and  obligations  for  producers. 
Furthermore,  the  Commission  shall  establish  rules  for  the  situation  where  the 
approved inter-branch organisation does not respect those criteria." 

(52) 

In Article 97, the following paragraphs are added: 

In  order  to  ensure  the  protection  of  the  rights  of  farmers,  the 
"5. 
Commission may, by means of delegated acts, adopt specific definitions for the 
purposes of this Section. 

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26 

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6. 
In order to ensure an efficient and targeted use of the Union Funds for 
transitional fruit and vegetables payments, the Commission may, by means of 
delegated acts, adopt the following:  

(a) 

(b) 

the  requirements  for 
paragraph 3; 

the  contract  for  processing  referred 

to 

in 

rules on penalties in case it is found that an approved first processor or 
collector fails to comply with the obligations laid down in this Chapter or 
with the  national provisions  adopted on its basis, or where an approved 
first processor or collector does not accept or facilitate the checks to be 
performed by the competent authorities. 

7. 
In  order  to  ensure  an  efficient  administration  of  the  crop-specific 
schemes, the Commission may adopt, by means of delegated acts, rules on the 
minimum  areas  and  specific  rules  relating  to  the  sowing  and  cultivation  of 
crops referred to in this Section. 

8. 
The Commission shall, by means of implementing acts, adopt necessary 
measures  regarding  the  approval  and  control  by  Member  States  of  first 
processors  and  collectors  and  the  publication  by  Member  States  of  the  list  of 
approved first processors and collectors, the indicative aid amount to be set by 
Member States and the basis of the aid amount." 

(53) 

In Article 98, the following paragraphs are added: 

"7. 
In  order  to  ensure  the  protection  of  the  rights  of  farmers,  the 
Commission may, by means of delegated acts, adopt specific definitions for the 
purposes of this Section. 

8. 
In order to ensure an efficient and targeted use of the Union Funds for 
transitional  soft  fruit  payments,  the  Commission  may,  by  means  of  delegated 
acts, adopt the following: 

(a) 

(b) 

the  requirements  for 
paragraph 2;  

the  contract  for  processing  referred 

to 

in 

rules on penalties in case it is found that an  approved first  processor or 
collector fails to comply with the obligations laid down in this Chapter or 
with the national provisions adopted on its basis, or where an approved 
first processor or collector does not accept or facilitate the checks to be 
performed by the competent authorities; 

(c) 

rules on the minimum areas and specific rules relating to the sowing and 
cultivation of crops referred to in this Section. 

The Commission shall, by means of implementing acts, adopt necessary 
9. 
measures  regarding  the  approval  and  control  by  Member  States  of  first 
processors  and  collectors  and  the  publication  by  Member  States  of  the  list  of 
approved first processors and collectors, the indicative aid amount to be set by 
Member States and the basis of the aid amount." 

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27 

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(54) 

In Article 101(2), the second subparagraph is replaced by the following: 

"A  list  of  such  areas  shall  be  established  by  the  Commission  by  means  of 
implementing acts. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  on  the 
verification and notification of areas meeting the criteria referred to in the first 
subparagraph." 

(55)  Article 103 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

Premiums shall be paid to recipient farmers on the basis of the number 
"1. 
of  ewes  and/or  she-goats  kept  on  their  holding  over  a  minimum  period  to  be 
determined by the Commission by means of implementing acts. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  on 
applications  and  declarations  and  further  documents  to  be  submitted  by 
farmers,  conditions  animals  have  to  meet  to  receive  payments  and  the 
obligation to draw up an inventory of farmers marketing sheep milk or sheep 
milk products." 

(b)  The following paragraph is added: 

"3. 
In order to ensure the proper management of the national reserve and to 
guarantee the protection of the rights of beneficiaries, the Commission shall, by 
means of delegated acts, adopt the following:  

(a) 

(b) 

rules on the use, transfer and temporary leasing of rights for payments in 
the sheepmeat and goatmeat sector as referred to in Article 52; 

rules on the access to the payments in the sheepmeat and goatmeat sector 
as referred to in Article 52 in case of farmers not owning the land they 
farm." 

(56) 

In Article 104, the following paragraph is added: 

"5. 
The Commission shall, by means of implementing acts, adopt necessary 
measures  regarding  the  calculation  of  individual  limits  and  the  rounding  of 
rights." 

(57)  Article 105 is amended as follows: 

(a) 

In paragraph 2, the following subparagraph is added: 

"Except  in  duly  justified  exceptional  circumstances,  where  a  farmer  has 
obtained premium rights free of charge from the national reserve, he shall not 
be authorised to transfer his rights or to lease them temporarily for a period of 
three years from the date he obtained those rights." 

(b)  The following paragraphs are added: 

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28 

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"5. 
The Commission shall, by means of implementing acts, adopt necessary 
measures regarding notifications  on  the transfer and/or  lease by  the farmer to 
the  competent  authority,  the  setting  of  the  individual  ceiling,  notification  of 
farmers in case of transfers or the temporary leasing of premium rights and the 
transfer and temporary leasing via the national reserve. 

6. 
The Commission may, by means of implementing acts, adopt necessary 
measures regarding the withdrawal and reallocation of unused premium rights 
established under this Section." 

(58)  Article 110 is amended as follows: 

(a) 

In paragraph 1, the following subparagraph is added: 

"Member States may, for administrative reasons, provide that aid applications 
for  direct  payments  referred  to  in  Article  19,  as  regards  the  special  premium, 
shall be for a minimum number of animals, provided that that number does not 
exceed three." 

(b) 

In paragraph 3, point (a) is replaced by the following: 

"(a) 
any  animal  covered  by  an  application  shall  be  held  by  the  farmer  for 
fattening  for  a  period  to  be  determined  by  the  Commission  by  means  of 
implementing acts;" 

(c) 

In paragraph 4, the following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures  regarding  the  amount  of  the  premium  to  be  granted  in  case  the 
application  of  the  proportional  reduction  referred  to  in  the  first  subparagraph 
gives a number of eligible animals which is not a whole number." 

(d) 

In paragraph 5, the following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  on  the 
notification  by  Member  States  to  the  Commission  of  the  measures  taken 
pursuant to the first subparagraph." 

(e) 

In paragraph 6, the following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  following 
necessary  measures  regarding  the  granting  of  the  premium  at  the  time  of 
slaughter,  including  provisions  on  the  age  brackets,  aid  applications  and 
documents  accompanying  it,  the  required  retention  period  in  such  case  and 
establishment of the carcase weight." 

(f)  The following paragraph is added: 

"9. 
The Commission shall, by means of implementing acts, adopt necessary 
measures on the applications, the grant of the premium for animals which have 
not  qualified  on  account  of  the  application  of  the  proportional  reduction 
provided for in paragraph 4, passports as referred to in Article 6 of Regulation 

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29 

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(EC)  No  1760/2000  and  national  administrative  documents  as  referred  to  in 
point(b) of paragraph 3 of this Article, and on notification of the Commission 
in  case  the  Member  States  decide  to  introduce  different  regions  within  the 
meaning of Article 109(a) of this Regulation or to modify existing regions." 

(59)  Article 111 is amended as follows: 

(a) 

In paragraph 1, the following subparagraphs are added: 

"Member States may, for administrative reasons, provide that aid applications 
for  direct  payments  referred  to  in  Article  19,  as  regards  the  suckler  cow 
premium,  shall  be  for  a  minimum  number  of  animals,  provided  that  that 
number does not exceed three. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures regarding the applications for aid." 

(b)  Paragraph 2 is amended as follows: 

(i)  The following subparagraph is inserted after the second subparagraph: 

"The Commission shall, by means of implementing acts, adopt the following: 

(a)  necessary  measures  regarding  the  6-month  retention  period  referred  to  in 
the  second  subparagraph  and  the  obligation  for  Member  States  to  notify  the 
Commission of the change or waive of the quantitative limit; 

(b) rules on the date to be taken into account to determine the individual quota 
of milk available to qualify for the suckler cow premium." 

(ii)  The following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures regarding the calculation of the average milk yield." 

(c)  Paragraph 5 is amended as follows: 

(i)  The following subparagraph is inserted after the first subparagraph: 

"The  Commission  shall,  by  means  of  implementing  acts,  necessary  measures 
regarding  the  notification  of  the  Commission  of  additional  conditions  for  the 
grant." 

(ii)  The following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures regarding: 

the notification by Member States on additional conditions for the grant 

(a) 
of the additional national suckler cow premium, and 

the  decision  of  the  Commission  to  be  taken  by  means  of  an 
(b) 
implementing act without the assistance of the Committee referred to in Article 

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141c  on  the  Member  States  that  fulfil  the  conditions  laid  down  in  the  fourth 
subparagraph." 

(d)  The following paragraphs are added: 

In  order  to  guarantee  the  sound  management  of  the  scheme  and  the 
"7. 
protection  of  the  rights  of  beneficiaries,  the  Commission  shall,  by  means  of 
delegated acts, adopt the following:  

rules on the eligibility of cows belonging to a meat breed for the suckler 

(a) 
cow premium referred to in Article 53(1); 

rules on the use, transfer and temporary leasing of rights for the suckler 

(b) 
cow premium referred to in Article 53(1); 

rules  on  the  access  to  the  suckler  cow  premium  referred  to  in  Article 

(c) 
53(1) in case of farmers not owning the land they farm;  

rules on the eligibility for the additional national suckler cow premium 

(d) 
as provided for in paragraph 5 of this Article. 

8. 
In order to ensure the fulfilment of the obligations of the beneficiaries, 
the Commission shall, by means of delegated acts, adopt rules on the access to 
premium  rights  for  the  suckler  cow  premium  referred  to  in  Article  53(1)  that 
partial rights shall confer." 

(60)  Article 112 is amended as follows: 

(a) 

In paragraph 1, the following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary 
measures regarding the determination of the individual ceiling per farmer." 

(b)  The following paragraph is added: 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  all 

"6. 
necessary measures regarding the rounding of partial rights." 

(61)  Article 113 is amended as follows: 

(a) 

In paragraph 2, the following subparagraph is added: 

"Except  in  duly  justified  exceptional  cases,  where  a  farmer  has  obtained 
premium  rights  free  of  charge  from  the  national  reserve  he  shall  not  be 
authorised  to  transfer  and/or  temporarily  lease  his  rights  during  the  three 
following calendar years." 

(b)  The following paragraph is added: 

"5. 

The Commission shall, by means of implementing acts, adopt rules on: 

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31 

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(a) 
the notification by the farmer transferring and/or leasing the rights and 
by the farmer receiving the rights to the competent authorities of the Member 
State of the transfers and/or temporary leasing of premium rights,  

(b) 
the setting by the Member State and the notification to the farmer of the 
new individual ceiling in the case of transfers or temporary leasing of premium 
rights, 

the  transfer  and/or  temporary  leasing  of  rights  through  the  national 

(c) 
reserve."  

(62) 

In Article 115, the following paragraphs are added: 

"3. 
In  order  to  guarantee  the  protection  of  the  rights  of  beneficiaries,  the 
Commission shall, by means of delegated acts, adopt rules on the access to the 
special scheme for heifers referred to in paragraph 1 for farmers whose herd of 
heifers is intended to restock cow herds. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules 

4. 
regarding: 

(a) 

(b) 

(c) 

the notification of the Commission by Member States that they made use 
of  the  possibility  provided  for  in  paragraph  1,  of  data  allowing  the 
establishment that the conditions laid down in that paragraph are met, of 
the specific ceiling they have determined, the modification of this ceiling 
and  the  criteria  adopted  to  ensure  that  the  premium  is  paid  to  farmers 
whose herd of heifers is intended to restock cow herds; 

the  decision  of  the  Commission  on  the  Member  States  that  fulfil  the 
conditions laid down in paragraph 1;  

the  amount  of  the  premium  to  be  granted  in  case  the  application  of  the 
proportional  reduction  referred  to  in  paragraph  1  gives  a  number  of 
eligible animals which is not a whole number; 

(d) 

the minimum number of animals to be held; 

(e) 

the  rounding  off  of  animal  numbers  in  case  the  calculation  of  the 
maximum number of heifers as a percentage as laid down in the second 
subparagraph  of  Article  111(2)  produces  a  result  which  is  not  a  whole 
number;"  

(63)  Article 116 is amended as follows: 

(a)  Paragraph 1 is amended as follows: 

(i)  The first subparagraph is replaced by the following: 

"A farmer keeping bovine animals on his holding may 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 
by the Commission by means of implementing acts." 

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32 

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(ii)  The third subparagraph is replaced by the following: 

"The  animals  listed  in  points  (a)  and  (b)  of  the  second  subparagraph shall  be 
eligible for the slaughter premium provided they have been held by the farmer 
for  a  period  to  be  determined  by  the  Commission  by  means  of  implementing 
acts." 

(b) 

In paragraph 3 the first subparagraph is replaced by the following: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  national 
ceilings  referred  to  in  paragraph 1.  Those  ceilings  shall  be  established  per 
Member State and separately for both groups of animals as specified in (a) and 
(b) of the second subparagraph 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 
statistical information for that year accepted by the Commission, shall be added 
to each ceiling." 

(c)  The following paragraphs are added: 

"5. 
In  order  to  ensure  an  efficient  and  targeted  use  of  Union  Funds,  the 
Commission shall, by means of delegated acts, adopt rules on the obligation for 
a  statement  of  participation  to  access  the  slaughter  premium  provided  for  in 
this Article. 

6. 
In order to enable the application of the slaughter premium provided for 
in this Article, the Commission shall, by means of delegated acts, adopt rules 
on the eligibility of carcasses. 

7. 
In  order  to  guarantee  the  protection  of  the  rights  of  beneficiaries,  the 
Commission  shall,  by  means  of  delegated  acts,  adopt  rules  on  the  amount  of 
slaughter  premium  provided  for  in  this  Article  that  a  number  of  eligible 
animals which is less than a whole number shall confer." 

(64)  Article 117 is amended as follows: 

(a)  The second paragraph is replaced by the following: 

"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 by the Commission, by 
means of implementing acts." 

(b)  The following paragraphs are added: 

"The Commission shall, by means of implementing acts, adopt rules regarding: 

– 

the  applications  for  premiums  and  the  documents  to  be  submitted 
by  the  farmers,  the  determination  of  retention  periods  and  the 

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33 

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applicable  procedure  for  the  identification  and  registration  of 
animals. 

the  operative  event  for  determining  the  year  to  which  animals  are 
allocated  for  the  purpose  of  determining  the  amount  of  premium 
applicable  and  applying  the  rate  of  aid  and  calculating  the 
proportional reduction 

the  withdrawal  and  reallocation  of  unused  premium  rights 
established under this Section." 

– 

– 

(65) 

In Article 119(1), the following subparagraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  on  the 
length of the exclusion." 

(66) 

In Article 124, the following paragraphs are added: 

"9. 
In  order  to  enable  the  application  of  the  single  area  payment  scheme 
referred  to  in  this  Title,  the  Commission  shall,  by  means  of  delegated  acts, 
determine  the  agricultural  areas  under  the  single  area  payment  scheme,  as 
provided for in paragraph 1, and the minimum size of eligible area per holding 
for which payments may be requested at a level higher than 0,3 ha, as provided 
for in the third subparagraph of paragraph 2. 

10. 
In order to establish a list of hemp varieties eligible for direct payments 
and  to  preserve  public  health,  the  Commission  shall,  by  means  of  delegated 
acts, adopt rules making the granting of payments subject to the use of certified 
seeds of certain varieties and providing for the procedure for the determination 
of hemp varieties referred to in Article 39." 

(67) 

In Article 126, the following paragraph is added: 

"4. 
On  the  basis  of  the  choice  made  by  each  Member  State,  the 
Commission  shall,  by  means  of  implementing  acts,  fix  the  corresponding 
ceiling for the support referred to in this Article." 

(68) 

In Article 127, the following paragraph is added: 

On  the  basis  of  the  choice  made  by  each  Member  State,  the 
"3. 
Commission  shall,  by  means  of  an  implementing  act,  fix  the  corresponding 
ceiling for the support referred to in this Article." 

(69)  Article 128 is amended as follows: 

(a) 

In paragraph 1, the second subparagraph is replaced by the following: 

"In this case and within the limit of the ceiling fixed in by the Commission by 
means  of  implementing  acts,  the  Member  State  concerned  shall  make,  on  a 
yearly basis, an additional payment to farmers." 

(b) 

In paragraph 2, the second subparagraph is replaced by the following: 

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"In  this  case  and  within  the  limit  of  the  ceiling  fixed  by  the  Commission  by 
means  of  implementing  acts,  the  Member  State  concerned  shall  make,  on  a 
yearly basis, an additional payment to farmers." 

(70) 

In Article 129, the following paragraph is added: 

"4. 
On  the  basis  of  the  choice  made  by  each  Member  State,  the 
Commission  shall,  by  means  of  an  implementing  act,  fix  the  corresponding 
ceiling for the support referred to in this Article." 

(71) 

In Article 131(4), the first subparagraph is replaced by the following: 

"The  amounts  referred  to  in  paragraph  1  shall  be  set  by  the  Commission  by 
means of implementing acts." 

(72)  Article 132 is amended as follows: 

(a) 

In paragraph 2, the introductory phrase is replaced by the following: 

"The new Member States shall have the possibility, subject to authorisation by 
the Commission by means of an implementing act without the assistance of the 
Committee referred to in Article 141c, to complement any direct payments" 

(b)  The following paragraphs are added: 

"9. 
In order to enable the application of the complementary national direct 
payments,  the  Commission  shall,  by  means  of  delegated  acts,  adopt  rules  for 
the purposes of point (b) of paragraph 7 on the conditions for granting that aid. 

The Commission shall, by means of implementing acts, adopt necessary 

10. 
measures: 

– 

for  cases  in  which  the  complementary  national  direct  payments  would 
exceed the maximum level authorised by the Commission. 

– 

regarding controls" 

(73) 

In Article 139, the following paragraph is added: 

"However, complementary national direct payments provided for in Article 132 
which are not paid not in conformity with the authorisation by the Commission 
shall  be  considered  as  unlawful  State  aid  within  the  meaning  of  Council 
Regulation (EC) No 659/1999.* 

* 

OJ L 83, 27.3.1999, p. 1." 

(74) 

In Article 140, the following paragraph is added: 

"The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  on  the 
notification to the Commission by Member States of information, documents, 
statistics  and  reports,  as  well  as  the  deadlines  and  methods  for  their 
notification." 

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(75)  Articles 141 and 142 are deleted. 

(76) 

In Chapter 1 of Title VII, the following Articles are added:: 

"Article 141a 

Commission powers 

Where  powers  are  conferred  upon  the  Commission,  it  shall  act  in  accordance 
with the procedure referred to in Article 141b in the case of delegated acts and 
in  accordance  with  the  procedure  referred  to  in  Article  141c  in  the  case  of 
implementing  acts,  save  where  explicitly  provided  otherwise 
this 
Regulation. 

in 

Article 141b 

Delegated acts 

The  powers  to  adopt  the  delegated  acts  referred  to  in  this  Regulation 

1. 
shall be conferred on the Commission for an indeterminate period of time. 

As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 
simultaneously to the European Parliament and to the Council. 

The delegation of power referred to in paragraph 1 may be revoked by 

2. 
the European Parliament or by the Council. 

The  institution  which  has  commenced  an  internal  procedure  for  deciding 
whether to revoke the delegation of power shall endeavour to inform the other 
institution  and  the  Commission  within  a  reasonable  time  before  the  final 
decision  is  taken,  indicating  the  delegated  powers  which  could  be  subject  to 
revocation and possible reasons for a revocation. 

The  decision  of  revocation  shall  put  an  end  to  the  delegation  of  the  powers 
specified  in  that  decision.  It  shall  take  effect  immediately  or  at  a  later  date 
specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the Official Journal of the European Union. 

3. 
The European Parliament and the Council may object to the delegated 
act within a period of two months from the date of notification. At the initiative 
of the European Parliament or the Council this period shall be extended by one 
month. 

If,  on  expiry  of  that  period,  neither  the  European  Parliament  nor  the  Council 
has objected to the delegated act, it shall be published in the Official Journal of 
the European Union and shall enter into force at the date stated therein. 

The  delegated  act  may  be  published  in  the  Official  Journal  of  the  European 
Union  and  enter  into  force  before  the  expiry  of  that  period  if  the  European 
Parliament  and  the  Council  have  both  informed  the  Commission  of  their 
intention not to raise objections. 

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If the European Parliament or the Council objects to a delegated act, it shall not 
enter  into  force.  The  institution  which  objects  shall  state  the  reasons  for 
objecting to the delegated act. 

Article 141c 

Implementing acts - Committee 

[To be completed following the adoption of the Regulation laying down the rules and 
general  principles  concerning  mechanisms  for  control  envisaged  in  Article  291(2) 
TFEU, which is currently under discussion before the PE and the Council.] 

Article 2 

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

It shall apply from [the 1st of January 2012.] 

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

Done at […], 

For the European Parliament 
The President 

For the Council 
The President

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FINANCIAL STATEMENT 

1. 

BUDGET HEADING: 

05 03 Direct Aids 

2. 

TITLE: 

AGRI/I.1-D/440787_rev 1(MB/tm)
6.15.2010.1  

DATE: 27/07/2010 
APPROPRIATIONS 

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 73/2009 
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. 

LEGAL BASIS: 
Article 43 of the Treaty on the Functioning of the European Union (TFUE) 
AIMS: 
To align the Commission implementing powers in Council Regulation (EC) No 73/2009 to the differentiation 
between delegated and implementing powers introduced by Article 290 and 291 of the Treaty on the Functioning 
of the European Union (TFUE). 
FINANCIAL IMPLICATIONS 

12 MONTH 
PERIOD 

CURRENT 
FINANCIAL 
YEAR 
2010 
(EUR million) 
- 

FOLLOWING FINANCIAL 
YEAR 
2011 
(EUR million) 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

(EUR million) 
- 

5.1  REVENUE 

- 

- 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

- 

- 

3. 

4. 

5. 

5.0 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

- 

2010 
- 
- 

2011 
- 
- 

2012 
- 
- 

2013 
- 
- 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 

YES NO 

YES NO 
YES NO 
YES NO 

The proposal aims at aligning the Commission powers given in the Council Regulation (EC) No 73/2009 to the 
differentiation between delegated and implementing powers introduced by Article 290 and 291 of the Treaty on the 
Functioning of the European Union (TFUE). This does not entail any additional expenditure to the community budget. 

This proposal also introduces a simplification in the area of cross compliance giving the possibility to the Member States 
not to require the declaration of all agricultural parcels to farmers with a total area of the holding lower than one hectare. 
The financial implications of this proposal are not quantifiable.  

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