Commission Regulation (EC) No 795/2004 (repealed)Show full title

Article 2 Definitions

For the purposes of Title III of Regulation (EC) No 1782/2003 and of this Regulation, the following definitions shall apply:

(a)

‘agricultural area’ shall mean the total area taken up by arable land, permanent pasture and permanent crops;

(b)

‘arable land’ shall mean‘arable land’ within the meaning of Article 2 point (1) of Commission Regulation (EC) No 795/2004(1);

(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 as defined in Annex I point (G/05) of Commission Decision 2000/115/EC(2), with the exception of multiannual crops and the nurseries of such multiannual crops;

(d)

‘multiannual crops’ shall mean crops of the following products:

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
Ex06029041	short rotation coppice
Ex06029051	Miscanthus sinensis
Ex12149090	Phalaris arundicea (Reed canary grass)

(e)

‘permanent pasture’shall mean ‘permanent pasture’ within the meaning of Article 2 point (2) of Commission Regulation (EC) No 795/2004;

(f)

‘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;

(g)

‘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;

(h)

‘lease’ shall mean lease or similar types of temporary transactions;

(i)

‘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.

(j)

‘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;

(k)

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.

(1)

OJ L 141, 30.4.2004, p.1.

(2)

OJ L 38, 12.2.2000, p.1.