7.5.2009 EN Official Journal of the European Union L 114/3
COMMISSION REGULATION (EC) No 370/2009
of 6 May 2009
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
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular Article 34(2), second subparagraph and Article 142(c), (d) and (g) thereof,
Whereas:
(1) Regulation (EC) No 73/2009 has established new rules for the single payment scheme, which apply as from 1 January 2009. As a consequence, the implementing rules laid down in Commission Regulation (EC) No 795/2004 (2) need to be adapted.
(2) The definitions as set out in Article 2 of Regulation (EC) No 795/2004 should reflect the extended eligibility of areas under the single payment scheme.
(3) The provisions on eligibility as set out in Article 3b of Regulation (EC) No 795/2004 are obsolete and should therefore be removed. However, Article 34(2)(a) of Regulation (EC) No 73/2009 includes the use of eligible hectares for non-agricultural activities. A framework of criteria should be set for all Member States.
(4) Regulation (EC) No 73/2009 puts an end to the set aside obligation and abolishes some of the limitations attached to payment entitlements issued from the national reserve, rendering obsolete the provisions on those matters.
(5) Article 7 of Regulation (EC) No 795/2004 should be clarified as regards the references to Council Regulation (EC) No 1782/2003 (3) and Regulation (EC) No 73/2009.
(6) Regulation (EC) No 73/2009 does not provide any more for special rules on the application procedure to the single payment scheme in its first year of application. Consequently the relevant rules in Regulation (EC) No 795/2004 should be adapted.
(7) In cases of expiry of the lease referred to in Articles 20 and 22 or the programmes referred to in Article 23 of Regulation (EC) No 795/2004 after the last date for lodging an application under the single payment scheme in its first year of application, the deadline for application for the establishment of payment entitlements should be extended in order to provide farmers with sufficient time to lodge an application that reflects the actual situation of the holding.
(8) The regional limitation as fixed in Article 26 of Regulation (EC) No 795/2004 should be adapted to Article 43(1) of Regulation (EC) No 73/2009.
(9) Whereas provisions on compulsory set-aside become obsolete, conditions should be kept in 2009 for voluntary set aside as provided for in Article 107 of Regulation (EC) No 1782/2003.
(10) Where Member States decide to apply Article 72(4) of Regulation (EC) No 73/2009, deadline and content of the communication of this application to the Commission should be fixed.
(11) Provision should be made for rules for new Member States moving from the single area payment scheme to the single payment scheme. These rules should cover in particular the initial allocation of payment entitlements and special entitlements as well as the notification of the decision.
(12) Regulation (EC) No 73/2009 provides for the granting of direct support under the single payment scheme for wine producers in particular by transfer from the support programmes for wine into the single payment scheme. The related detailed rules for allocation of entitlements should therefore be adopted. Those detailed rules should follow the same lines as those already laid down in Regulation (EC) No 795/2004 with regard to the fruit and vegetables sector.
(13) For farmers who have already been allocated, or who bought or received payment entitlements by the last date for applying for the establishment of payment entitlements fixed in accordance with Regulation (EC) No 795/2004, the value and number of their payment entitlements should be recalculated. Payment entitlements subject to special conditions should not be taken into account in this calculation.
(14) Member States that apply the regional model established in Article 59(1) and (3) or Article 71f of Regulation (EC) No 1782/2003, should be empowered to fix the number of payment entitlements per farmer resulting from the transfer of support programmes for wine in accordance with Part C of Annex IX to Regulation (EC) No 73/2009.
(15) Provision should be made as regards the regional average in the framework of the determination of the value of payment entitlements in application of Part B of Annex IX (grubbing up) to Regulation (EC) No 73/2009.
(16) Annex I to Regulation (EC) No 795/2004 fixes the date from which the growing of secondary crops may be temporarily allowed in regions where cereals are usually harvested sooner for climatic reasons as referred to in Article 38, second paragraph of Regulation (EC) No 73/2009. At the request of Spain, different dates should be fixed for the different regions of that Member State to take into account the different agronomic and climatic conditions. The Annex should also be updated to take into account the eligibility of fruit and vegetables in those Member States that do not apply its deferred integration.
(17) Regulation (EC) No 795/2004 should therefore be amended accordingly.
(18) The proposed amendments should apply as from the date of application of Regulation (EC) No 73/2009.
(19) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,
Regulation (EC) No 795/2004 is amended as follows:
1. Article 2 is amended as follows:
(a) point (a) is deleted;
(b) point (c) is replaced by the following:
‘(c) “permanent crops” shall mean 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 (CN code ex 0602 90 41);’;
(c) point (d) is deleted;
(d) point (f) is replaced by the following:
‘(f) “grassland” shall mean arable land used for grass production (sown or natural); for the purposes of Article 49 of Council Regulation (EC) No 73/2009 (4) grassland shall include permanent pasture;
2. Article 3b is deleted;
3. the following Article 3c is added in Chapter 1:
4. Article 6 is amended as follows:
(a) paragraph 3 is amended as follows:
(i) the second subparagraph is replaced by the following:
(ii) the third subparagraph is deleted;
(b) paragraph 4 is deleted;
5. Article 7 is amended as follows:
(a) in paragraph 1 the first and the second subparagraphs are replaced by the following:
(b) paragraph 3 is deleted;
(c) paragraph 4 is replaced by the following:
6. Article 8 is amended as follows:
(a) in paragraph 1, the first subparagraph is replaced by:
(b) paragraph 2 is deleted;
7. in Article 9(1), point (c) is deleted;
8. in Article 12(4), the first subparagraph is replaced by the following:
9. Article 18 is amended as follows:
(a) paragraph 3 is deleted;
(b) paragraph 4 is replaced by the following:
10. in Article 23a the second paragraph is deleted;
11. in Article 24, paragraph 3 is replaced by the following:
12. Article 26 is amended as follows:
(a) paragraph 1 is replaced by the following:
(b) paragraph 4 is deleted;
13. Article 32 is replaced by the following:
14. Articles 33, 34, 39, 41 and 43 are deleted;
15. in Article 48, paragraph 6 is replaced by the following:
16. Chapter 6a is replaced by the following:
Male bovine animals and heifers older than 24 months, suckler cows, dairy cows 1,0 LU
Male bovine animals and heifers from six months to 24 months 0,6 LU
Male, female bovine animals of less than six months 0,2 LU
Sheep 0,15 LU
Goat 0,15 LU
17. the following Chapter 6d is inserted:
(a) the number of payment entitlements shall be equal to the number of payment entitlements he owns, increased by the number of hectares established in accordance with Part C of Annex IX to Regulation (EC) No 73/2009;
(b) the value shall be obtained by dividing the sum of the value of the payment entitlements he owns and the reference amount calculated in accordance with Part C of Annex IX to Regulation (EC) No 73/2009 by the number established in accordance with point (a) of this paragraph.
18. Annex I is replaced by the text set out in the Annex to this Regulation.
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 2009.
This Regulation shall be binding in its entirety and directly applicable in all Member States.