CELEX: 32005R1085
Language: en
Date: 2005-07-08 00:00:00
Title: Commission Regulation (EC) No 1085/2005 of 8 July 2005 amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 177/27
            
         
      COMMISSION REGULATION (EC) No 1085/2005
   of 8 July 2005
   amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Article 60(2) and Article 145(c),
   Whereas:
   
               (1)
            
            
               Commission Regulation (EC) No 795/2004 (2) introduces the implementing rules for the single payment scheme as from 2005. Experience of the administrative and operational implementation of that scheme at national level has shown that in certain respects further detailed rules are needed and in other respects the existing rules need to be clarified and adapted.
            
         
               (2)
            
            
               In order to facilitate the task of the national administrations in the framework of the implementation of Articles 54(2) and 61 of Regulation (EC) No 1782/2003, Member States should determine which areas are to be considered as permanent pasture for those areas in reparcelling schemes between the date for the aid application for 2003 and the date of application for the single payment scheme in the first year of implementation.
            
         
               (3)
            
            
               According to Article 50(2) of Regulation (EC) No 795/2004, in case of regional implementation of the single payment scheme as provided for in Article 58 of Regulation (EC) No 1782/2003, Member States shall communicate the information referred to in Article 50(1)(a) and (b) of Regulation (EC) No 795/2004 for each of the regions concerned, and, by 1 August of the first year of application of the single payment scheme at the latest, the corresponding part of the ceiling established in accordance with Article 58(3) of Regulation (EC) No 1782/2003. For reasons of simplification, it is appropriate to replace the date of 1 August by the same date as that provided for the communication referred to in Article 50(1) of Regulation (EC) No 795/2004.
            
         
               (4)
            
            
               Article 51 of Regulation (EC) No 1782/2003, as amended by Council Regulation (EC) No 864/2004 and made applicable as from 1 January 2005 by Commission Regulation (EC) No 394/2005, authorises Member States to allow secondary crops to be cultivated on the eligible hectares during a period of maximum three months starting each year on 15 August. It is appropriate to bring forward that date to allow the growing of temporary vegetable crops in regions where cereals are usually harvested sooner for climatic reasons as communicated by the Member States concerned to the Commission.
            
         
               (5)
            
            
               According to Article 60(1) of Regulation (EC) No 1782/2003 Member States implementing the regional option provided for in Article 59 of that Regulation may also use the parcels declared according to Article 44(3) of that Regulation for the production of products referred to in Article 1(2) of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (3) or in Article 1(2) of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (4) and of potatoes other than those intended for the manufacture of potato starch.
            
         
               (6)
            
            
               Article 60(2) of Regulation (EC) No 1782/2003 provides that Member States shall establish the number of hectares that may be used according to paragraph 1 of that Article by subdividing, according to objective criteria, the average of the number of hectares that were used for the production of the products referred to in paragraph 1 of that Article at national level during the three-year period 2000 to 2002 amongst the regions defined pursuant to Article 58(2) of Regulation (EC) No 1782/2003. It is appropriate to fix the average number of hectares at national and regional level on the basis of the data communicated to the Commission by the Member States concerned.
            
         
               (7)
            
            
               Regulation (EC) No 795/2004 should therefore be amended accordingly.
            
         
               (8)
            
            
               Due to the fact that Regulation (EC) No 795/2004 applies as from 1 January 2005, it is appropriate to provide that this Regulation applies retroactively from that date.
            
         
               (9)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 795/2004 is amended as follows:
   
               1.
            
            
               In Article 28a, the terms ‘the Annex’ are replaced by ‘Annex I’.
            
         
               2.
            
            
               In Article 32(4) the following third subparagraph is added:
               ‘Where areas were newly allocated in the framework of a national reparcelling scheme between the date for the aid application for 2003 and the date of application for the single payment scheme in the first year of implementation, the Member State concerned shall determine which areas are to be considered as permanent pasture for the purpose of articles 54(2) and 61 of Regulation (EC) No 1782/2003. In these cases Member States shall take into account the situation existing at farmer's level before the reparcelling by minimising, to the maximum extent, any effect on the farmer's possibilities to use the payments entitlements. In doing so Member States shall take action to prevent, in the area affected by the reparcelling scheme, any significant increase of the total area eligible to set aside entitlements as well as any significant decrease of permanent pasture.’
            
         
               3.
            
            
               In Article 41 the following paragraph 5 is added:
               ‘5.   The average number of hectares at national and regional level, referred to in Article 60(2) of Regulation (EC) No 1782/2003, is fixed in Annex II to this Regulation’.
            
         
               4.
            
            
               In the first subparagraph of Article 50(2), the date of 1 August is replaced by the date of 15 September.
            
         
               5.
            
            
               The Annex is replaced by the text in Annex I to this Regulation.
            
         
               6.
            
            
               The text in Annex II to this Regulation is added as Annex II.
            
         Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2005.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 8 July 2005.
      
         
            For the Commission
         
         Mariann FISCHER BOEL
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 270, 21.10.2003, p. 1. Regulation last amended by Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005, p. 15).
   
      (2)  OJ L 141, 30.4.2004, p. 1. Regulation last amended by Regulation (EC) No 606/2005 (OJ L 100, 20.4.2005, p. 15).
   
      (3)  OJ L 297, 21.11.1996, p. 1. Regulation last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64.
   
      (4)  OJ L 297, 21.11.1996, p. 29. Regulation last amended by Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).
   
      ANNEX I
      
         
            ‘ANNEX I
            
                        Member State
                     
                     
                        Date
                     
                  
                        Belgium
                     
                     
                        15 July
                     
                  
                        Denmark
                     
                     
                        15 July
                     
                  
                        Germany
                     
                     
                        15 July
                     
                  
                        Italy
                     
                     
                        11 June
                     
                  
                        Austria
                     
                     
                        30 June
                     
                  
                        Portugal
                     
                     
                        1 March’
                     
                  
      
   
   
      ANNEX II
      
         
            ‘ANNEX II
            Number of hectares referred to in Article 60(2) of Regulation (EC) No 1782/2003
            
                        Member State and Regions
                     
                     
                        Number of hectares
                     
                  
                        DENMARK
                     
                     
                        33 740
                     
                  
                        GERMANY
                     
                     
                        301 849
                     
                  
                        Baden-Wurtenberg
                     
                     
                        18 322
                     
                  
                        Bayern
                     
                     
                        50 451
                     
                  
                        Brandenburg and Berlin
                     
                     
                        12 910
                     
                  
                        Hessen
                     
                     
                        12 200
                     
                  
                        Lower Saxony and Bremen
                     
                     
                        76 347
                     
                  
                        Mecklenburg-Western Pomerania
                     
                     
                        13 895
                     
                  
                        North Rhine-Westphalia
                     
                     
                        50 767
                     
                  
                        Rhineland-Palatinate
                     
                     
                        19 733
                     
                  
                        Saarland
                     
                     
                        369
                     
                  
                        Saxony
                     
                     
                        12 590
                     
                  
                        Saxony-Anhalt
                     
                     
                        14 893
                     
                  
                        Schleswig-Holstein and Hamburg
                     
                     
                        14 453
                     
                  
                        Thuringia
                     
                     
                        4 919
                     
                  
                        LUXEMBOURG
                     
                     
                        705
                     
                  
                        SWEDEN
                     
                  
                        Region 1
                     
                     
                        9 193
                     
                  
                        Region 2
                     
                     
                        8 375
                     
                  
                        Region 3
                     
                     
                        17 448
                     
                  
                        Region 4
                     
                     
                        4 155
                     
                  
                        Region 5
                     
                     
                        4 051
                     
                  
                        UNITED KINGDOM
                     
                  
                        England (other)
                     
                     
                        241 000
                     
                  
                        England (Moorland SDA)
                     
                     
                        10
                     
                  
                        England (Upland SDA)
                     
                     
                        190
                     
                  
                        Northern Ireland
                     
                     
                        8 304’