Commission Regulation (EC) No 363/2009 of 4 May 2009 amending Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (repealed) (c. 363)

ANNEX U.K.

The Annexes to Regulation (EC) No 1974/2006 are amended as follows:

1.

Annex I is replaced by the following:

‘ANNEX I Support schemes referred to in Article 2(2)

• Fruit and vegetables (Part II, Title I, Chapter IV, Section IVa of Council Regulation (EC) No 1234/2007(2))

• Wine (Title II, Chapter I of Council Regulation (EC) No 479/2008(3))

• Tobacco (Part II, Title I, Chapter IV, Section V of Regulation (EC) No 1234/2007)

• Olive oil (Part II, Title I, Chapter IV, Section IV of Regulation (EC) No 1234/2007)

• Hops (Article 68a of Regulation (EC) No 1782/2003)

• Sheep and goats (Article 102(1) of Council Regulation (EC) No 73/2009(4))

• Bee keeping (Title I, Chapter IV, Section VI of Regulation (EC) No 1234/2007)

• Sugar (Council Regulation (EC) No 320/2006(5))

• Specific measures for agriculture in the outermost regions (Title III of Council Regulation (EC) No 247/2006(6)) and the smaller Aegean islands (Chapter III of Council Regulation (EC) No 1405/2006(7))

• Direct payments (Article 41(3) and 68 of Regulation (EC) No 73/2009)”

2.

Annex II is amended as follows:

(a)

in point 5.2, the second indent is replaced by the following

• ‘Confirmation that for the measures pursuant to Articles 25, 43 to 49 and 52 of Regulation (EC) No 1698/2005 and for operations under the measures pursuant to Articles 21, 24, 28, 29, 30 and 35a of that Regulation which fall outside the scope of Article 36 of the Treaty, respect of the State aid procedures and material compatibility criteria, in particular aid ceiling of total public support under Articles 87 to 89 of the Treaty, is ensured.’;

(b)

point 5.3 is replaced by the following:

‘5.3. Information required for Axes and measures

The following specific information, including information on the specific types of operations referred to in Article 16a(1) of Regulation (EC) No 1698/2005, is required for measures:’;

(c)

point 5.3.1.4 is replaced by the following:

‘5.3.1.4. Transitional measures’; ’;

(d)

the following point 5.3.1.4.4 is inserted:

‘5.3.1.4.4. Holdings undergoing restructuring due to a reform of a common market organisation

• designation of the reforms of common market organisation involved,

• summary of the requirements of the business plan,

• amount and duration of support.’;

(e)

the following point 5.3.6 is inserted:

‘5.3.6. List of types of operations referred to in Article 16a(3)(a) of Regulation (EC) No 1698/2005 up to the amounts referred to in Article 69(5a) of that Regulation

NB: The column “existing or new type of operation” shall indicate whether or not the type of operation related to the priorities referred to in Article 16a of Regulation (EC) No 1698/2005 was already included in the version of the RDP applicable on 31 December 2008. In this context modifications of existing types of operations are also considered to be “new types of operations.”’
Axis/measure	Type of operation	Potential effects	“Existing” or “new” type of operation	Reference to the description of the type of operation in the RDP	Output indicator – target
Axis 1 Measure 111	…	…
Measure …	…	…
Axis 2 Measure 211	…	…
Measure …	…	…
Axis 3 Measure 311	…	…
Measure …
Axis 4 Measure 411	…	…
Measure …

(f)

Table 6.1 is replaced by the following:

‘6.1. Annual contributions from the EAFRD (in EUR)

a For Member States with convergence regions.
b For Member States with outermost regions or smaller Aegean Islands.
c For Member States applying voluntary modulation pursuant to Regulation (EC) No 378/2007.
d For Member States receiving additional funds as referred to in Article 69(5a) of Regulation (EC) No 1698/2005 with convergence regions.’
	2007	2008	2009	2010	2011	2012	2013
Non-convergence regions
Convergence regionsa
Outermost regions and smaller Aegean Islandsb
Voluntary modulationc
Additional contribution to Portugal
Additional funds from Article 69(5a) of Regulation (EC) No 1698/2005 – non-convergence region
Additional funds from Article 69(5a) of Regulation (EC) No 1698/2005 – convergence regiond
Total

(g)

footnote (1) the reference of which is set at the end of the title for Table 6.2 is replaced by the following:

‘(¹) Table 6.2 needs to be replicated for each sub-amount of the EAFRD contribution shown in one row in Table 6.1.’;

(h)

the following point is inserted:

‘6.3. Indicative budget related to operations referred to in Article 16a of Regulation (EC) No 1698/2005 between 1 January 2010 and 31 December 2013 (Article 16a(3)(b) up to the amounts specified in Article 69(5a) of Regulation (EC) No 1698/2005)

Axis/measure	EAFRD contribution for 2010-2013
Axis 1 Measure 111	…
Measure …	…
Axis 2 Measure 211	…
Measure …	…
Axis 3 Measure 311	…
Measure …
Axis 4 Measure 411	…
Measure …
Axis 1, 2, 3 and 4, total	…’

(i)

in point 7, the following code 144 is inserted:

‘(144) Holdings undergoing restructuring due to a reform of a common market organisation’;

(j)

in point 9(B), the introductory words of the first subparagraph are replaced by the following:

‘For the measures pursuant to Articles 25, 27 (for the latter only for additional national funding referred to in Article 89 of Regulation (EC) No 1698/2005), 43 to 49 and 52 of Regulation (EC) No 1698/2005 and operations under the measures pursuant to Articles 21, 24, 28, 29, 30 and 35a of that Regulation which fall outside the scope of Article 36 of the Treaty, either:’;

3.

Annex VII is amended as follows:

(a)

in point 2, the following paragraphs are added:

‘Each Member State receiving in accordance with Council Regulation (EC) No 74/2009(1), additional financial resources resulting from modulation under that Regulation together with, as of 2011, the amounts of unused funds should include as of 2011 a separate chapter containing at least the same analysis as mentioned in the previous paragraph as regards the operations related to the priorities mentioned in Article 16a(1) of Regulation (EC) No 1698/2005. For new Member States except Bulgaria and Romania this obligation would be effective as of 2014.

Member States applying the new measure “144 Holdings undergoing restructuring” should report about the achievements made in view of the measure’s objectives.’;

(b)

the following point 3a is inserted:

‘3a. The financial implementation of the programme as regards the new challenges related operations, giving, for each measure, a statement of expenditures paid to beneficiaries after 1 January 2010 for types of operations referred to in Article 16a(1) of Regulation (EC) No 1698/2005 and the amounts referred to in Article 69(5a) of that Regulation.

The table summarising the financial implementation of these types of operations shall have at least the following information:

Axis/measure	Annual payment-year N	Cumulative payments from year 2010 to year N
Measure 111	…	…
Measure …
Total Axis 1	…	…
Measure 211	…	…
Measure …
Total Axis 2	…	…
Measure 311	…	…
Measure …
Total Axis 3	…	…
Measure 411	…	…
Measure …
Total Axis 4	…	…
Total programme	…	…’

4.

in Annex VIII, the following row is inserted under point II. COMMON OUTPUT INDICATORS at the end of the list concerning Axis 1:

Code	Measure	Output indicators (*)
‘144	Holdings undergoing restructuring due to a reform of a common market organisation	Number of holdings that received support’

(1)

OJ L 30, 31.1.2009, p. 100.’;

(2)

OJ L 299, 2.10.2007, p. 1.

(3)

OJ L 148, 6.6.2008, p. 1.

(4)

OJ L 30, 31.1.2009, p. 16.

(5)

OJ L 58, 28.2.2006, p. 42.

(6)

OJ L 42, 14.2.2006, p. 1.

(7)

OJ L 265, 26.9.2006, p. 1.’;