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Commission Regulation (EC) No 795/2004 (repealed)Show full title
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for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (repealed)
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Article 27Private contract clause in case of lease
1.Subject to paragraphs 2 and 3, a clause in a lease contract providing for the transfer of a number of entitlements not higher than the number of hectares leased shall be considered as a lease of the payment entitlements with land within the meaning of Article 46 of Regulation (EC) No 1782/2003, in cases where:
(a)a farmer has leased to another farmer his holding or part of it no later than the date for lodging an application under the single payment scheme in its first year of application,
(b)the lease contract expires later than the last date for lodging an application under the single payment scheme,
and
(c)he decides to lease his payment entitlements to the farmer to whom he leased the holding or part of it.
2.The lessor shall apply for the establishment of the payment entitlements in accordance with Article 12, adding to the application a copy of the lease contract and indicating the number of hectares for which he intends to lease the payment entitlements. Where the case may be, Article 42(9) of Regulation (EC) No 1782/2003 shall apply.
3.The lessee shall apply for payment under the single payment scheme in accordance with Article 12, adding to the application a copy of the lease contract.
4.A Member State may require that the applications of the lessee and of the lessor are lodged together or that the second application contains a reference to the first one.
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