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Council Regulation (EC) No 1257/1999 (repealed)Show full title

Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (repealed)

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TITLE IIU.K.RURAL DEVELOPMENT MEASURES

CHAPTER IU.K.INVESTMENT IN AGRICULTURAL HOLDINGS

Article 4U.K.

Support for investment in agricultural holdings shall contribute to the improvement of agricultural incomes and of living, working and production conditions.

Such investment shall pursue one or more of the following objectives:

  • to reduce production costs,

  • to improve and redeploy production,

  • to increase quality,

  • to preserve and improve the natural environment, hygiene conditions and animal welfare standards,

  • to promote the diversification of farm activities.

Article 5U.K.

[F11.] Support for investment shall be granted to agricultural holdings:

  • the economic viability of which can be demonstrated,

  • which comply with minimum standards regarding the environment, hygiene and animal welfare, and

  • where the farmer possesses adequate occupational skill and competence.

[F12. The conditions for support for investment laid down in paragraph 1 must be fulfilled at the time when the individual decision to grant support is taken.

3. Where investments are made in order to comply with newly introduced minimum standards relating to the environment, hygiene, and animal welfare, support may be granted in order to comply with the new standards. In such cases, a period of grace may be provided to farmers to meet these minimum standards where time is needed to solve specific problems involved in complying with such standards. The farmer shall comply with the relevant standards by the end of the investment period.]

Textual Amendments

Article 6U.K.

Support shall not be granted for investment which has as its objective an increase in production for which no normal market outlets can be found.

Article 7U.K.

Member States shall set limits for total investment eligible for support.

[F2The total amount of support, expressed as a percentage of the volume of eligible investment, is limited to a maximum of 40 % and 50 % in less-favoured areas.]

[F1Where investments are undertaken by young farmers, as referred to in Chapter II, these percentages may reach a maximum of 50 % and 60 % in less-favoured areas during a period not exceeding five years from the setting up. The age condition laid down in the first indent of Article 8(1) must be met at the time of setting up.]

Textual Amendments

CHAPTER IIU.K.SETTING UP OF YOUNG FARMERS

Article 8U.K.

1.Setting-up aid to facilitate the establishment of young farmers shall be granted under the following conditions:

  • the farmer is under 40 years of age,

  • the farmer possesses adequate occupational skill and competence,

  • the farmer is setting up on an agricultural holding for the first time,

  • as regards the holding:

    (i)

    economic viability can be demonstrated, and

    (ii)

    minimum standards regarding the environment, hygiene and animal welfare are complied with,

    and

  • the farmer is established as head of the holding.

Specific conditions may be applied in a situation where a young farmer is not established as sole head of the holding. These conditions must be equivalent to those required for a young farmer setting up as sole head of a holding.

[F22. The setting-up aid may comprise:

(a) a single premium up to the maximum eligible amount specified in the [F3Annex I] , and

(b) an interest subsidy on loans taken on with a view to covering the costs arising from setting-up; the capitalised value of the interest subsidy may not exceed the value of the premium.

A support higher than the maximum amount referred to in point a) but not exceeding EUR 30 000 may be granted to young farmers who are using farm advisory services linked to the setting-up of their activity during a period of three years after setting-up.]

Textual Amendments

CHAPTER IIIU.K.TRAINING

Article 9U.K.

Support for vocational training shall contribute to the improvement of the occupational skill and competence of farmers and other persons involved in agricultural activities and forestry activities, and their conversion.

Training shall in particular be designed:

  • [F2to prepare farmers and other persons involved in agricultural activities for qualitative reorientation of production, the application of production practices compatible with the maintenance and enhancement of the landscape, the protection of the environment, hygiene standards and animal welfare and acquisition of the skills needed to enable them to manage an economically viable farm, and]

  • to prepare forest holders and other persons involved in forestry activities for the application of forest management practices to improve the economic, ecological or social functions of forests.

Textual Amendments

CHAPTER IVU.K.EARLY RETIREMENT

Article 10U.K.

1.Support for early retirement from farming shall contribute to the following objectives:

  • to provide an income for elderly farmers who decide to stop farming,

  • to encourage the replacement of such elderly farmers by farmers able to improve, where necessary, the economic viability of the remaining agricultural holdings,

  • to reassign agricultural land to non-agricultural uses where it cannot be farmed under satisfactory conditions of economic viability.

2.Early retirement support may include measures to provide an income for farm workers.

Article 11U.K.

1.A transferor of a farm shall:

  • stop all commercial farming activity definitively; he may, however, continue non-commercial farming and retain the use of the buildings,

  • be not less than 55 years old but not yet of normal retirement age at the time of transfer, and

  • have practised farming for the 10 years preceding transfer.

2.The transferee of a farm shall:

  • succeed the transferor as the head of the agricultural holding or take over all or part of the land released. The economic viability of the transferee's holding must be improved within a period and in compliance with conditions to be defined in terms of, in particular, the transferee's occupational skill and competence and the surface area and volume of work or income, according to the region and type of production,

  • possess adequate occupational skill and competence, and

  • undertake to practise farming on the agricultural holding for not less than five years.

3.A farm worker shall:

  • stop all farm work definitively,

  • be not less than 55 years old but not yet of normal retirement age,

  • have devoted at least half of his working time as a family helper or farm worker to farm work during the preceding five years,

  • have worked on the transferor's agricultural holding for at least the equivalent of two years full-time during the four-year period preceding the early retirement of the transferor, and

  • belong to a social security scheme.

4.A non-farming transferee may be any other person or body who takes over released land to use it for non-agricultural purposes, such as forestry or the creation of ecological reserves, in a manner compatible with protection or improvement of the quality of the environment of the countryside.

5.The conditions laid down in this Article shall be applied throughout the period during which the transferor receives early retirement support.

Article 12U.K.

1.The maximum amounts eligible for Community support are laid down in the [F3Annex I].

2.The duration of early retirement support shall not exceed a total period of 15 years for the transferor and 10 years for the farm worker. It shall not go beyond the 75th birthday of a transferor and not go beyond the normal retirement age of a worker.

Where in the case of a transferor a normal retirement pension is paid by the Member State, early retirement support shall be granted as a supplement taking into account the amount of the national retirement pension.

Textual Amendments

CHAPTER VU.K.LESS-FAVOURED AREAS AND AREAS WITH ENVIRONMENTAL RESTRICTIONS

Article 13U.K.

Support for less-favoured areas and areas with environmental restrictions shall contribute to the following objectives.

(a)

Compensation for naturally less-favoured areas

  • to ensure continued agricultural land use and thereby contribute to the maintenance of a viable rural community,

  • to maintain countryside,

  • to maintain and promote sustainable farming systems which in particular take account of environmental protection requirements.

(b)

Compensation for areas with environmental restrictions

  • to ensure environmental requirements and safeguard farming in areas with environmental restrictions.

Article 14U.K.

1.Farmers in less-favoured areas may be supported by compensatory allowances.

2.Compensatory allowances shall be granted per hectare of areas used for agriculture to farmers who:

  • farm a minimum area of land to be defined,

  • undertake to pursue their farming activity in a less-favoured area for at least five years from the first payment of a compensatory allowance, and

  • apply usual good farming practices compatible with the need to safeguard the environment and maintain the countryside, in particular by sustainable farming.

3.Where residues of substances prohibited under Directive 96/22/EC(1) or residues of substances authorised under that Directive but used illegally, are detected pursuant to the relevant provisions of Council Directive 96/23/EC(2) in an animal belonging to the bovine herd of a producer, or where an unauthorised substance or product, or a substance or product authorised under Directive 96/22/EC but held illegally is found on the producer's holding in any form, the producer shall be excluded from receiving compensatory allowances for the calendar year of that discovery.

In the event of a repeated infringement, the length of the exclusion period may, depending on the seriousness of the offence, be extended to five years from the year in which the repeated infringement was discovered.

In the event of obstruction on the part of the owner or holder of the animals when inspections are being carried out and the necessary samples are being taken in application of national residue-monitoring plans, or when the investigations and checks provided for under Directive 96/23/EC are being carried out, the penalties provided for in the first subparagraph shall apply.

Article 15U.K.

1.Compensatory allowances shall be fixed at a level which:

  • is sufficient in making an effective contribution to compensation for existing handicaps, and

  • avoids overcompensation.

2.Compensatory allowances shall be duly differentiated, taking into account:

  • the situation and development objectives peculiar to a region,

  • the severity of any permanent natural handicap affecting farming activities,

  • the particular environmental problems to be solved where appropriate,

  • the type of production and, where appropriate, the economic structure of the holding.

3.Compensatory allowances shall be fixed between the minimum and maximum amounts set out in the [F3Annex I.

[F2Compensatory allowances higher than this maximum amount may be granted provided that the average amount of all compensatory allowances granted at the programming level concerned does not exceed this maximum amount. Member States may, for the purpose of calculating the average amount, present a combination of several regional programmes. However, in cases duly justified by objective circumstances, the average amount may be increased to the maximum average amount set out in the Annex I] .]

Textual Amendments

Article 16U.K.

[F21. Payments to compensate for costs incurred and income foregone may be made to farmers who are subject to restrictions on agricultural use in areas with environmental restrictions as a result of the implementation of Directives 79/409/EEC (3) and 92/43/EEC (4) , if and in so far as such payments are necessary to solve the specific problems arising from the implementation of those Directives.]

2.Payments shall be fixed at a level which avoids overcompensation; this is especially necessary in the case of payments in less-favoured areas.

[F23. The maximum amount eligible for Community support is laid down in the [F3Annex I . This amount may be increased in duly justified cases to take account of specific problems.

A support higher than this maximum amount may be granted during a period not exceeding five years from the date the provision imposing new restrictions becomes mandatory in accordance with Community legislation. This support shall be granted annually on a degressive basis and shall not exceed the amount set out in the Annex I] .]

Textual Amendments

Article 17U.K.

Less-favoured areas shall include:

  • mountain areas (Article 18),

  • other less-favoured areas (Article 19), and

  • areas affected by specific handicaps (Article 20).

Article 18U.K.

1.Mountain areas shall be those characterised by a considerable limitation of the possibilities for using the land and an appreciable increase in the cost of working it due:

  • to the existence, because of altitude, of very difficult climatic conditions, the effect of which is substantially to shorten the growing season,

  • at a lower altitude, to the presence over the greater part of the area in question of slopes too steep for the use of machinery or requiring the use of very expensive special equipment, or

  • to a combination of these two factors, where the handicap resulting from each taken separately is less acute but the combination of the two gives rise to an equivalent handicap.

2.Areas north of the 62nd Parallel and certain adjacent areas shall be treated in the same way as mountain areas.

Article 19U.K.

Less-favoured areas which are in danger of abandonment of land-use and where the conservation of the countryside is necessary, shall comprise farming areas which are homogeneous from the point of view of natural production conditions and exhibit all of the following characteristics:

  • the presence of land of poor productivity, difficult cultivation and with a limited potential which cannot be increased except at excessive cost, and which is mainly suitable for extensive livestock farming,

  • production which results from low productivity of the natural environment which is appreciably lower than the average, with regard to the main indices of economic performance in agriculture,

  • a low or dwindling population predominantly dependent on agricultural activity, the accelerated decline of which would jeopardise the viability of the area concerned and its continued habitation.

Article 20U.K.

[F11.] Less-favoured areas may include other areas affected by specific handicaps, in which farming should be continued, where necessary and subject to certain conditions, in order to conserve or improve the environment, maintain the countryside and preserve the tourist potential of the area or in order to protect the coastline.

[F12. Areas referred to in paragraph 1 may not exceed 10 % of the area of the Member State concerned.]

Textual Amendments

F4Article 21U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1CHAPTER Va U.K. MEETING STANDARDS

Article 21a U.K.

Support to help farmers to adapt to demanding standards based on Community legislation in the fields of the environment, public, animal and plant health, animal welfare and occupational safety shall contribute to the following objectives:

(a)

a more rapid implementation of demanding Community standards by Member States;

(b)

the respect of those standards by farmers;

(c)

the use of farm advisory services by farmers, as provided for in Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and support schemes for producers of certain crops (5) , in assessing the performance of farm businesses and identifying improvements required with regard to the statutory management requirements as set out in that Regulation.

Article 21b U.K.

1. Temporary support intended to contribute partly to costs incurred and income foregone may be granted to farmers who have to apply demanding standards based on Community legislation and newly introduced in national legislation.

For Member States applying Article 16, support shall not be granted under this Chapter to a farmer to apply standards based on the Community legislation referred to in Article 16.

2. Support may be granted during a period not exceeding five years from the date the standard becomes mandatory in accordance with Community legislation.

To be eligible for support, the standard should impose new obligations or restrictions on farming practice which have a significant impact on typical farm operating costs and which concern a significant number of farmers.

For Directives for which the implementation deadline has been exceeded and which are not yet correctly implemented by the Member State, support may be granted during a period not exceeding five years [X1from 28 October 2003 .]

3. Support shall not be payable where the non-application of a standard is due to the non-respect by the applicant farmer of a standard already transposed in national legislation.

Editorial Information

Article 21c U.K.

1. Support shall be granted annually in the form of a flat rate aid and on a degressive basis, in equal instalments. Member States shall modulate the level of payment per standard with regard to the level of obligations resulting from the application of the standard. Payment shall be fixed at a level which prevents overcompensation. Costs related to investments shall not be taken into account when determining the level of annual support.

2. The maximum eligible annual amount, per holding, of support is set out in the Annex.

Article 21d U.K.

1. Support may be granted to farmers to help them meet costs arising from the use of the farm advisory services which identify and where necessary, propose improvements relating to the application by farmers of statutory environmental, public, animal and plant health and animal welfare standards.

2. Farm advisory services for which support may be granted shall be in accordance with Chapter III of Title II of Regulation (EC) No 1782/2003 and the provisions adopted in implementation thereof.

3. The total amount of support for the use of advisory services as referred to in paragraph 1, shall be limited to a maximum of 80 % of the eligible cost, without exceeding the maximum eligible amount as set out in the Annex.]

[F2CHAPTER VI U.K. AGRI-ENVIRONMENT AND ANIMAL WELFARE

Article 22 U.K.

Support for agricultural methods designed to protect the environment, maintain the countryside (agri-environment) or improve animal welfare shall contribute to achieving the Community's policy objectives regarding agriculture, the environment and the welfare of farm animals.

Such support shall promote:

(a)

ways of using agricultural land which are compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity,

(b)

an environmentally-favourable extensification of farming and management of low-intensity pasture systems,

(c)

the conservation of high nature-value farmed environments which are under threat,

(d)

the upkeep of the landscape and historical features on agricultural land,

(e)

the use of environmental planning in farming practice,

(f)

the improvement of animal welfare.

Article 23 U.K.

1. Support shall be granted to farmers who give agri-environmental or animal welfare commitments for at least five years. Where necessary, a longer period shall be determined for particular types of commitments in view of their effects on the environment or animal welfare.

2. Agri-environmental and animal welfare commitments shall involve more than the application of usual good farming practice including good animal husbandry practice.

They shall provide for services which are not provided for by other support measures, such as market support or compensatory allowances.

Article 24 U.K.

1. Support in respect of an agri-environmental or animal welfare commitment shall be granted annually and be calculated on the basis of:

(a) income foregone,

(b) additional costs resulting from the commitment given, and

(c) the need to provide an incentive.

Costs related to investments shall not be taken into account when calculating the level of annual support. Costs for non-remunerative investments which are necessary to comply with a commitment may be taken into account in calculating the level of annual support.

2. Maximum amounts per year eligible for Community support are laid down in the Annex. When support is calculated on an area basis, these amounts shall be based on that area of the holding to which agri-environmental commitments apply.]

[F1CHAPTER VIa U.K. FOOD QUALITY

Article 24a U.K.

Support for agricultural production methods designed to improve the quality of agricultural products and for promotion of those products shall contribute to the following objectives:

(a)

to provide assurances to consumers on the quality of the product or of the production process used through the participation of farmers in food quality schemes as defined in Article 24b;

(b)

to achieve added value for agricultural primary products and to enhance market opportunities;

(c)

to improve consumer information on the availability and specifications of such products.

Article 24b U.K.

1. Support shall be granted to farmers who participate on a voluntary basis in Community or national food quality schemes, which impose specific production requirements on agricultural products listed in Annex I to the Treaty, except fishery products, and comply with paragraph 2 or 3 in this Article.

Support shall only cover products intended for human consumption.

2. Community quality schemes under the following Regulations and provisions shall be eligible for support:

(a) Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (6) ,

(b) Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (7) ,

(c) Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (8) ,

(d) Title VI on quality wine produced in specified regions of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (9) .

3. To be eligible for support, food quality schemes recognised by the Member States shall comply with the criteria set out in points (a) to (e):

(a) the specificity of the final product produced under such schemes shall be derived from detailed obligations on farming methods that guarantee:

(i)

specific characteristics including the production process, or

(ii)

a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;

(b) the schemes involve binding product specifications and compliance with those specifications shall be verified by an independent inspection body;

(c) the schemes shall be open to all producers;

(d) the schemes shall be transparent and assure complete traceability of the products;

(e) the schemes shall respond to current or foreseeable market opportunities.

4. Schemes whose sole purpose is to provide a higher level of control of respect of obligatory standards under Community or national law shall not be eligible for support.

Article 24c U.K.

1. Support shall be paid as an annual incentive payment up to the maximum eligible amount per holding as set out in the Annex. The level of payment amount shall be determined according to the level of the fixed costs arising from participation in supported schemes and be fixed at a level which prevents overcompensation.

2. The duration of such support shall not exceed a period of five years.

Article 24d U.K.

1. Support shall be granted to producer groups for activities intended to inform consumers about and promote agricultural products or foodstuffs designated under Community or national food quality schemes as described in Article 24b and selected for support by the Member State under the measure provided for in Articles 24a, 24b and 24c.

2. Support shall cover information, promotion and advertising activities.

3. The total amount of support shall be limited to a maximum of 70 % of the eligible costs of the action.]

CHAPTER VIIU.K.IMPROVING PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS

Article 25U.K.

1.Support for investment shall facilitate the improvement and rationalisation of processing and marketing of agricultural products and thereby contribute to increasing the competitiveness and added value of such products.

2.Such support shall contribute to one or more of the following objectives:

  • to guide production in line with foreseeable market trends or encourage the development of new outlets for agricultural products,

  • to improve or rationalise marketing channels or processing procedures,

  • to improve the presentation and preparation of products or encourage the better use or elimination of by-products or waste,

  • [F2to develop and apply new technologies,]

  • to favour innovative investments,

  • to improve and monitor quality,

  • to improve and monitor health conditions,

  • to protect the environment.

Textual Amendments

Article 26U.K.

1.Support shall be granted to those persons ultimately responsible for financing the investment in enterprises

  • for which economic viability can be demonstrated, and

  • which comply with minimum standards regarding the environment, hygiene and animal welfare.

[F1Where investments are made in order to comply with newly introduced minimum standards relating to the environment, hygiene, and animal welfare, support may be granted in order to comply with the new standards. In such cases, a period of grace may be provided to small processing units to meet these minimum standards where time is needed to solve specific problems encountered in complying with such standards. The small processing units shall comply with the relevant standards by the end of the investment period.]

2.Investment must contribute to improving the situation of the basic agricultural production sector in question. It must guarantee the producers of such basic products an adequate share in the resulting economic benefits.

3.Sufficient evidence must be shown that normal market outlets for the products concerned can be found.

Textual Amendments

Article 27U.K.

1.Investment shall concern the processing and marketing of products covered by Annex I to the Treaty except fishery products.

2.Investment shall meet selection criteria setting priorities and indicating which types of investment are not eligible for support.

Article 28U.K.

1.The following types of investment shall be excluded from support:

  • investment at the retail level,

  • investment in the processing or marketing of products from third countries.

2.The total amount of support, expressed as a percentage of the volume of eligible investment, is limited to a maximum of:

(a)50 % in Objective 1 regions;

(b)40 % in the other regions.

CHAPTER VIIIU.K.FORESTRY

Article 29U.K.

1.Support for forestry shall contribute to the maintenance and development of the economic, ecological and social functions of forests in rural areas.

2.Such support shall promote in particular one or more of the following objectives:

  • sustainable forest management and development of forestry,

  • maintenance and improvement of forest resources,

  • extension of woodland areas.

[F23. Such support, as provided for in Articles 30 and 32, shall be granted only for forests and areas owned by private owners or by their associations or by municipalities or their associations. This restriction shall not apply to the measures provided for in the second indent of Article 30(1) for investment in forests aimed at significantly improving their ecological and social value, and for the measures provided for in the sixth indent of Article 30(1).]

4.Such support shall contribute to the fulfilment of the undertakings given by the Community and the Member States at international level. It shall be based on national or subnational forest programmes or equivalent instruments which should take into account the commitments made in the Ministerial Conferences on the Protection of Forests in Europe.

[F25. Measures proposed under this Chapter in areas classified as high or medium forest fire risk within the framework of the Community action on protection of forests against fire, must conform to the forest protection plans established by the Member States for these areas.]

Textual Amendments

Article 30U.K.

1.Support for forestry shall concern one or more of the following measures:

  • afforestation of land not eligible under Article 31 provided that such planting is adapted to local conditions and is compatible with the environment,

  • investment in forests aimed at significantly improving their economic, ecological or social value,

  • investment to improve and rationalise the harvesting, processing and marketing of forestry products; investment related to the use of wood as a raw material shall be limited to all working operations prior to industrial processing,

  • promotion of new outlets for the use and marketing of forestry products,

  • the establishment of associations of forest holders that are set up in order to help their members to improve the sustainable and efficient management of their forests,

  • [F2restoring forestry production potential damaged by natural disasters and fire and introducing appropriate prevention actions.]

2.The rules laid down in Chapters I and VII, with the exception of the second subparagraph of Article 7, shall apply as appropriate for investments.

Textual Amendments

Article 31U.K.

1.Support shall be granted for the afforestation of agricultural land provided that such planting is adapted to local conditions and is compatible with the environment.

[F2Such support may include in addition to establishment costs:

  • an annual premium per hectare afforested to cover maintenance costs for a period of up to five years,

  • an annual premium per hectare to cover loss of income resulting from afforestation for a maximum period of 20 years for farmers or associations thereof who worked the land before its afforestation or for any other private law person.]

[F22. Where support is granted for afforestation of agricultural land owned by public authorities, it shall cover only the cost of establishment. If the afforested land is rented by a private law person, the annual premia referred to in paragraph 1, second subparagraph, may be granted.]

3.Support for the afforestation of agricultural land shall not be granted:

  • for farmers benefiting from early retirement support,

  • in respect of the planting of Christmas trees.

[F2In the case of fast-growing species cultivated in the short term, support for afforestation shall be granted for establishment costs only.]

4.Maximum amounts per year of the annual premium to cover loss of income eligible for Community support are laid down in the [F3Annex I].

Textual Amendments

Article 32U.K.

1.With a view to:

  • maintaining and improving the ecological stability of forests where the protective and ecological role of these forests are of public interest and where the costs of maintenance and improvement measures for these forests exceed the income from forestry,

  • maintaining fire-breaks through agricultural measures,

payments for relevant measures shall be granted to the beneficiaries provided that the protective and ecological values of these forests are ensured in a sustainable manner and the measures to be carried out are laid down by contract and their cost specified therein.

2.Payments shall be fixed between the minimum and maximum amounts set out in the Annex, on the basis of the real costs of the measures carried out, as previously stipulated in the contract.

CHAPTER IXU.K.PROMOTING THE ADAPTATION AND DEVELOPMENT OF RURAL AREAS

Article 33U.K.

Support shall be granted for measures, relating to farming activities and their conversion and to rural activities, which do not fall within the scope of any other measure referred to in this Title.

Such measures shall concern:

  • land improvement,

  • reparcelling,

  • [F2setting up of farm advisory systems as referred to in Chapter III of Title II of Regulation (EC) No 1782/2003, as well as farm relief and farm management services,

  • marketing of quality agricultural products, including the setting-up of quality schemes as referred to in Article 24b(2) and (3),]

  • basic services for the rural economy and population,

  • renovation and development of villages and protection and conservation of the rural heritage,

  • diversification of agricultural activities and activities close to agriculture to provide multiple activities or alternative incomes,

  • agricultural water resources management,

  • development and improvement of infrastructure connected with the development of agriculture,

  • encouragement for tourist and craft activities,

  • protection of the environment in connection with agriculture, forestry and landscape conservation as well as with the improvement of animal welfare,

  • restoring agricultural production potential damaged by natural disasters and introducing appropriate prevention instruments,

  • financial engineering[F2,]

  • [F1management of integrated rural development strategies by local partnerships.]

[F5The measure foreseen in the last indent of the second paragraph is not applicable for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.]

Textual Amendments

[F6CHAPTER IXa U.K. SPECIFIC MEASURES FOR THE NEW MEMBER STATES

SUBCHAPTER I U.K. ADDITIONAL SUPPORT APPLICABLE TO ALL NEW MEMBER STATES U.K.

Article 33a U.K. General provisions

This Subchapter lays down the conditions under which temporary additional support complementary to that under Chapters I to IX shall be granted for transitional rural development measures in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as ‘ the new Member States ’ ) to address the specific needs of the new Member States during the programming period 2004-2006.

Article 33b U.K. Support for semi-subsistence farms undergoing restructuring

1. Support for semi-subsistence farms undergoing restructuring shall contribute to the following objectives:

(a) to help ease rural transition problems as the agricultural sector and rural economy of the new Member States are exposed to the competitive pressure of the single market;

(b) to facilitate and encourage the restructuring of farms not yet economically viable.

For the purpose of this Article, ‘ semi-subsistence farms ’ shall mean farms which primarily produce for their own consumption, but also market a proportion of their output.

2. To benefit from the support, the farmer must present a business plan which:

(a) demonstrates the future economic viability of the farm;

(b) contains details of investments required;

(c) describes specific milestones and targets.

3. Compliance with the business plan referred to in paragraph 2 shall be reviewed after three years. If the objectives set out in the plan have not been achieved by the time of the three-year review, no further support shall be granted, but there will be no requirement to repay monies already received.

4. Support shall be paid annually in the form of flat rate aid up to the maximum eligible amount specified in Annex II and for a period not exceeding five years.

Article 33d U.K. Producer groups

1. Flat-rate support shall be granted in order to facilitate the establishment and administrative operation of producer groups which have as their objectives:

(a) adapting the production and output of the producers who are members of such groups to market requirements;

(b) jointly placing goods on the market, including preparation for sale, the centralisation of sales and supply to bulk buyers; and

(c) establishing common rules on production information, with particular regard to harvesting and availability.

2. The support shall be granted only to producer groups which are formally recognised by the competent authorities of the new Member State between the date of accession and the end of the programming period on the basis of either national or Community law.

3. The support shall be granted in annual instalments for the first five years following the date on which the producer group was recognised. It shall be calculated on the basis of the group's annual marketed production and shall not exceed:

(a) 5 %, 5 %, 4 %, 3 % and 2 % of the value of the production up to EUR  1 000 000 marketed respectively in the first, second, third, fourth and fifth year, and

(b) 2,5 %, 2,5 %, 2,0 %, 1,5 % and 1,5 % of the value of the production exceeding EUR  1 000 000 marketed respectively in the first, second, third, fourth and fifth year.

In any case, support shall not exceed the maximum eligible amounts laid down in Annex II.

In the case of Malta, a minimum aid for a sector of production where the total output is extremely small may be established. The sector concerned and the aid level shall be determined by the Commission.

Article 33e U.K. Technical assistance

1. Support may be granted for the preparation, monitoring, evaluation and control measures which are necessary for the implementation of the rural development programming documents.

2. The measures referred to in paragraph 1 shall include in particular:

(a) studies;

(b) measures of technical assistance, the exchange of experience and information aimed at partners, beneficiaries and the general public;

(c) installation, operation and interconnection of computerised systems for management, monitoring and evaluation;

(d) improvements in evaluation methods and exchange of information on practice in this field.

Article 33f U.K. Leader + type measures

1. Support may be granted for measures which are related to the acquisition of skills intended to prepare rural communities to conceive and implement local rural development strategies.

These measures may include, in particular:

(a) technical support for studies of the local area, and territory diagnosis taking into account the wishes expressed by the population concerned;

(b) information and training of the population to encourage an active participation in the development process;

(c) building representative local development partnerships;

(d) drawing up integrated development strategies;

(e) financing research and preparing application for support.

2. Support may be granted for the adoption of integrated territorial rural development strategies, of a pilot nature, prepared by local action groups in accordance with the principles laid down in items 12, 14 and 36 of the Commission notice to the Member States of 14 April 2000 laying down guidelines for the Community initiative for rural development (Leader+) (10) . This support shall be limited to regions where there is already sufficient administrative capacity and experience of local rural development type approaches.

3. The local action groups referred to in paragraph 2 may be eligible to participate in inter-territorial and transnational cooperation actions in accordance with the principles laid down in items 15 to 18 of the Commission Notice referred to in paragraph 2.

4. The new Member States and local action groups shall be given access to the Observatory of Rural Areas provided for in point 23 of the Commission Notice referred to in paragraph 2.

Article 33g U.K. Farm advisory and extension services

In addition to the measure provided for in the third indent of Article 33, support shall be granted for the provision of farm advisory and extension services.

Article 33h U.K. Complements to direct payments

1. As a temporary and sui generis provision support may be granted to farmers eligible for complementary national direct payments or aids under Article 143c of Council Regulation (EC) No 1782/2003 (11) during the 2004-2006 period only.

2. The support granted to a farmer in respect of the years 2004, 2005, 2006 shall not exceed the difference between:

(a) the level of direct payments applicable in the new Member States for the year concerned in accordance with Article 143a of Regulation (EC) No 1782/2003, and

(b) 40 % of the level of direct payments applicable in the Community as constituted on 30 April 2004 in the relevant year.

3. The Community contribution to support granted under this Article in a new Member State in respect of each of the years 2004, 2005 and 2006 shall not exceed 20 % of its respective annual allocation. However, a new Member State may replace this 20 % annual rate with the following rates: 25 % for 2004, 20 % for 2005 and 15 % for 2006.

4. Support granted to a farmer under this Article shall be counted:

(a) in the case of Cyprus, as complementary national direct aid for the purposes of applying the total amounts referred to in Article 143c(3) of Regulation (EC) No 1782/2003;

(b) in the case of any other new Member State, as complementary national direct payments or aids, as applicable, for the purposes of applying the maximum levels set out in Article 143c(2) of Regulation (EC) No 1782/2003.

SUBCHAPTER II U.K. ADDITIONAL SUPPORT APPLICABLE TO MALTA U.K.

Article 33i U.K. Complements to State aid in Malta

1. In Malta, support may be granted to the beneficiaries of special temporary State aid under the Special Market Policy Programme for Maltese Agriculture (SMPPMA) provided for in Annex XI, Chapter 4 on Agriculture, Section A, point 1 to this Act.

2. By way of derogation from Article 33h(3), the total Community contribution to support granted in Malta under this Article and Article 33h in respect of each of the years 2004, 2005 and 2006 shall not exceed 20 % of that year's annual allocation. However, Malta may replace this 20 % annual rate with the following rates: 25 % for 2004, 20 % for 2005 and 15 % for 2006.

3. Support granted under this Article shall be counted as special temporary State aid under the SMPPMA for the purposes of applying the maximum amounts set out in that programme.

Article 33j U.K. Full-time farmers in Malta

Specific temporary support shall be granted to full-time farmers to enable them to adapt to the changes in the market environment resulting from the dismantling of levies upon accession.

Support shall be paid annually on a degressive basis for a period not exceeding five years. Three types of payment shall be envisaged:

(a)

payment per hectare for irrigated land;

(b)

payment per hectare for non-irrigated land;

(c)

payment per livestock unit for livestock farm.

Payment shall be established in relation to the expected drop in farm income due to the dismantling of levies, and consequent falls in prices for agricultural produce. Payment shall be fixed at a level which avoids overcompensation, in particular in relation to product-specific State aid under the SMPPMA.

Maximum eligible amounts per agricultural holding for the three categories of payments shall be adopted by the Commission.

SUBCHAPTER III U.K. DEROGATIONS U.K.

Article 33k U.K. General provisions

This Subchapter lays down the cases in which the new Member States may derogate from the eligibility criteria set for the measures defined in Chapters I, IV, V and VII.

Article 33l U.K. Derogations applicable to all new Member States

1. By way of derogation from the first indent of Article 5, support for investment shall be granted to agricultural holdings for which economic viability at the end of the realisation of the investment can be demonstrated.

2. By way of derogation from the second subparagraph of Article 7, the total amount of support for investment in agricultural holdings, expressed as a percentage of the volume of eligible investment, shall be limited to a maximum of 50 % and, in less favoured areas, 60 %. Where investments are undertaken by young farmers, as referred to in Chapter II, these percentages may reach a maximum of 55 % and, in less-favoured areas, 65 %.

2a. By way of derogation from Article 21b, for agricultural Community standards for which a transitional period is provided for under the Annexes referred to in Article 24 of the Act of Accession (12) the temporary support may be granted, from the date of eligibility of expenditures under the rural development programming document, to farmers who comply with these standards, for a period not exceeding five years.

[F72b. By way of derogation from Articles 21a, 21b and 21c, costs linked to investments needed to comply with a standard set by the Community before the date of accession, and binding for farmers from this date, or a later date, may be taken into consideration for determining the level of annual support. This possibility is limited to the first three years of the period of support, up to an annual ceiling of EUR  25 000 per farm. During this investment period, the degressivity provided for in Article 21c shall not apply. Loss of income and additional costs resulting from compliance with the standard may not be taken into consideration until the end of the investment period.

Investments supported under the first subparagraph are not eligible for the support provided for in Chapter I.]

3. By way of derogation from the second indent of Article 26(1), support for investment shall be granted to enterprises which have been granted a transitional period after accession in order to meet the minimum standards regarding the environment, hygiene and animal welfare. In this case, the enterprise shall comply with the relevant standards by the end of the specified transitional period or the end of the investment period, whichever is the earlier.

4. By way of derogation from Article 29(5), the classification of areas at risk of forest fires shall be submitted as part of the rural development plan.

Textual Amendments

Article 33m U.K. Derogations applicable to individual new Member States

1. By way of derogation from the second indent of Article 11(1), farmers in Lithuania who have been allocated a milk quota, shall be eligible for the early retirement scheme on condition that they are less than 70 years old at the time of the transfer.

The amount of support shall be subject to the maximum amounts set out in Annex I to this Regulation and shall be calculated in relation to the size of the milk quota and the total farming activity on the holding.

Milk quotas allocated to a transferor shall be returned to the national milk quota reserve with no additional compensation payment.

2. By way of derogation from Article 21, Malta may exceed the limit of 10 % laid down for the total extent of the areas referred to in Article 20.

By way of derogation from Article 24(2), the maximum amounts per year eligible for Community support laid down in Annex I may be increased in the case of the measure to maintain and preserve rubble walls in Malta. The maximum amount per hectare payable under this derogation shall be established by the Commission.

3. By way of derogation from Article 31(1), support may be granted by Estonia for the afforestation of abandoned agricultural land on condition that such land has been in use within the previous five years. In this case, such support may only include, in addition to planting costs, the annual premium per hectare provided for in the first indent of the second subparagraph of Article 31(1).]

Textual Amendments

CHAPTER XU.K.IMPLEMENTING RULES

Article 34U.K.

Detailed rules for the implementation of this Title shall be adopted in accordance with the procedure laid down in Article 50(2) of Regulation (EC) No 1260/1999.

These rules may in particular define:

  • conditions for support for investment in agricultural holdings (Articles 4 to 7), including the necessary restrictions resulting from application of Article 6,

  • the period and the conditions for the improvement of economic viability of an agricultural holding and conditions of use of land released in the case of early retirement (Article 11(2)),

  • conditions for the granting and calculation of the compensatory allowance in less-favoured areas, including in the case of communal use of agricultural land (Articles 14 and 15) and the compensatory payments in areas with environmental restrictions (Article 16),

  • conditions governing the giving of agri-environmental commitments (Articles 23 and 24),

  • selection criteria for investment aimed at improving the processing and marketing of agricultural products (Article 27(2)),

  • conditions governing forestry measures (Chapter VIII)[F2,]

  • [F1conditions governing meeting standards measures (Chapter Va),

  • conditions governing food quality measures (Chapter VIa) [F3,] ]

  • [F6conditions governing specific measures for the new Member States (Chapter IXa).]

According to the same procedure, the Commission may derogate from the second indent of Article 28(1) in the outermost regions subject to the condition that the processed products are destined for the market of the region in question.

Textual Amendments

(3)

[F2 OJ L 103, 25.4.1979, p. 1 . Directive as last amended by Regulation (EC) No 807/2003 ( OJ L 122, 6.5.2003, p. 36 ).

(4)

OJ L 206, 22.7.1992, p. 7 . Directive as last amended by Directive 97/62/EC ( OJ L 305, 8.11.1997, p. 42 ).]

(6)

[F1 OJ L 208, 24.7.1992, p. 1 . Regulation as last amended by Regulation (EC) No 806/2003 ( OJ L 122, 16.5.2003, p. 1 ).

(7)

OJ L 208, 27.7.1992, p. 9 . Regulation as last amended by Regulation (EC) No 806/2003.

(8)

OJ L 198, 22.7.1991, p. 1 . Regulation as last amended by Regulation (EC) No 806/2003.

(9)

OJ L 179, 14.7.1999, p. 1 . Regulation as last amended by Regulation (EC) No 806/2003.]

Textual Amendments

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