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Commission Regulation (EC) No 795/2004 of 21 april 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for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (repealed)
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Version Superseded: 01/01/2009
Point in time view as at 11/04/2008. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Commission Regulation (EC) No 795/2004 (repealed), Article 2.
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For the purposes of Title III of Regulation (EC) No 1782/2003 and of this Regulation, the following definitions shall apply:
‘agricultural area’ shall mean the total area taken up by arable land, permanent pasture and permanent crops;
‘[X1arable land’ shall mean ‘arable land’ within the meaning of Article 2(1) of Commission Regulation (EC) No [F1796/2004] (1) ;]
[F2‘ 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 ), with the exception of multiannual crops and nurseries of multiannual crops;]
[F3‘ multiannual crops ’ shall mean crops of the following products and the nurseries of such multiannual crops:
CN code | |
---|---|
0709 10 00 | Artichokes |
0709 20 00 | Asparagus |
0709 90 90 | Rhubarb |
0810 20 | Raspberries, blackberries, mulberries and loganberries |
0810 30 | Black-, white- or redcurrants and gooseberries |
0810 40 | Cranberries, bilberries and other fruits of the genus Vaccinium |
[F41212 99 20 | Sugar cane] ] |
‘[X1permanent pasture’ shall mean ‘permanent pasture’ within the meaning of Article 2(2) of Regulation (EC) No [F1796/2004] ;]
‘grassland’ shall mean arable land used for grass production (sown or natural); for the purposes of Article 61 of Regulation (EC) No 1782/2003 grassland shall include permanent pasture;
‘sale’ shall mean the sale or any other definitive transfer of ownership of land or payment entitlements. The definition shall not include the sale of land where land is transferred to public authorities and/or for use in the public interest and the transfer is carried out for non agricultural purposes;
‘lease’ shall mean lease or similar types of temporary transactions;
‘transfer or sale or lease of payment entitlement with land’ shall mean the sale or lease of payment entitlements with, respectively, the sale or lease of a corresponding number of hectares of eligible land within the meaning of Article 44(2) held by the transferor.
In case of lease, the payment entitlements and the hectares shall be leased for the same time period.
The case where all the payment entitlements subject to special conditions referred to in Article 49(2) of Regulation (EC) No 1782/2003 are transferred shall be considered as a case of transfer of payment entitlement with land.
[F5The case of transfer of payment entitlements without land referred to in Article 46(2), second subparagraph, of Regulation (EC) No 1782/2003 shall be considered as a case of sale of payment entitlements without land;]
‘production unit’ shall mean at least one area which gave right to direct payments in the reference period, including forage area within the meaning of Article 43(3) of Regulation (EC) No 1782/2003, or one animal which would have given right to direct payments in the reference period, accompanied, where the case may be, by a corresponding premium right;
for the purposes of Articles 37(2) and 42(3) of Regulation (EC) No 1782/2003,‘farmers commencing an agricultural activity’ shall mean a natural or legal person that did not have any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity.
In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person[F2;]
‘[F6Nurseries’ are those as defined in point G/5 of Annex I to Commission Decision 2000/115/EC (2) relating to the definitions of the characteristics, the list of agricultural products, the exceptions to the definitions and the regions and districts regarding the surveys on the structure of agricultural holdings.]
Editorial Information
X1 Substituted by Corrigendum to Commission Regulation (EC) No 795/2004 of 21 April 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 (Official Journal of the European Union L 141 of 30 April 2004).
Textual Amendments
F1 Substituted by Commission Regulation (EC) No 1974/2004 of 29 October 2004 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.
F2 Substituted by Commission Regulation (EC) No 1522/2007 of 19 December 2007 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.
F3 Substituted by Commission Regulation (EC) No 1701/2005 of 18 October 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.
F4 Inserted by Commission Regulation (EC) No 373/2007 of 2 April 2007 amending and correcting 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.
F5 Inserted by Commission Regulation (EC) No 1974/2004 of 29 October 2004 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.
Editorial Information
X1 Substituted by Corrigendum to Commission Regulation (EC) No 795/2004 of 21 April 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 (Official Journal of the European Union L 141 of 30 April 2004).
Textual Amendments
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