Commission Regulation (EC) No 817/2004 (repealed)Show full title

CHAPTER I U.K. RURAL DEVELOPMENT MEASURES

SECTION 1 U.K. Investments in agricultural holdings

Article 1 U.K.

The period of grace which the Member States may grant pursuant to Article 5(3) of Regulation (EC) No 1257/1999 in which to comply with newly introduced standards may not exceed 36 months from the date on which the standard becomes mandatory for the farmer. The end of the investment period referred to in Article 5(3) of Regulation (EC) No 1257/1999 shall fall within the period of grace as fixed in the first paragraph.

The period of grace as fixed in the first paragraph shall not apply to applications for support introduced before 7 May 2004.

Article 2 U.K.

1. For the purposes of Article 6 of Regulation (EC) No 1257/1999, the existence of normal market outlets shall be assessed at the appropriate level in terms of:

(a) the products concerned;

(b) the types of investment;

(c) existing and planned capacity.

2. Any restrictions on production or limitations on Community support under common market organisations shall be taken into account.

3. Where a common market organisation places restrictions on production or limitations on Community support at the level of individual farmers, holdings or processing plants, no investment shall be supported which would increase production beyond those restrictions or limitations.

Article 3 U.K.

Article 4(2) of this Regulation shall also apply to investments made by young farmers.

SECTION 2 U.K. Setting-up of young farmers

Article 4 U.K.

1. The conditions for start-up assistance for young farmers laid down in Article 8(1) of Regulation (EC) No 1257/1999 must be met at the time when the individual decision to grant support is taken.

2. A period not exceeding five years may be allowed after starting up in order to meet the requirements relating to occupational skill and competence, economic viability and minimum standards regarding the environment, hygiene and animal welfare, if the young farmer needs a period of adaptation in which to start up or to restructure the holding.

Article 5 U.K.

The individual decision to grant the aid provided for in Article 8 of Regulation (EC) No 1257/1999 shall be taken no later than 12 months after start-up as defined by the provisions in force in the Member States.

SECTION 3 U.K. Training

Article 6 U.K.

Support for vocational training shall not include courses of instruction or training which form part of normal programmes or systems of agricultural and forestry education at secondary or higher levels.

SECTION 4 U.K. Early retirement

Article 7 U.K.

Where a farm is transferred by several transferors, overall support shall be limited to the amount provided for one transferor.

Article 8 U.K.

Non-commercial farming activity continued by the transferor in accordance with the first indent of Article 11(1) of Regulation (EC) No 1257/1999 shall not be eligible for support under the common agricultural policy.

Article 9 U.K.

A tenant farmer may transfer the released land to the owner provided that the lease is terminated and the requirements relating to the transferee laid down in Article 11(2) of Regulation (EC) No 1257/1999 are complied with.

Article 10 U.K.

Released land may be included in a re-parcelling operation or in a simple exchange of parcels.

In such cases, the conditions applicable to released land shall be applied to areas agronomically equivalent to the released land.

Member States may make provision for released land to be taken in charge by a body which undertakes to reassign it at a later date to a transferee who satisfies the conditions laid down for early retirement.

SECTION 5 U.K. Less-favoured areas and areas with environmental restrictions

Article 11 U.K.

Compensatory allowances for areas used jointly by several farmers for the purpose of grazing animals may be granted to each farmer concerned in proportion to that farmer's use, or right of use, of the land.

SECTION 6 U.K. Meeting standards

Article 12 U.K.

The authorities and bodies selected to provide the farm advisory services referred to in Article 21d(2) of Regulation (EC) No 1257/1999 shall ensure the availability of appropriate resources in the form of qualified staff, administrative and technical facilities and advisory experience and reliability with respect to the statutory requirements referred to in Article 21d(1) of Regulation (EC) No 1257/1999.

SECTION 7 U.K. Agri-environment and animal welfare

Article 13 U.K.

Any commitment to extensify livestock farming or manage livestock farming differently shall comply with at least the following conditions:

(a)

grassland management shall continue;

(b)

the livestock shall be distributed across the farm in such a way that the whole of the grazed area is maintained, thus avoiding both over-grazing and under-utilisation;

(c)

livestock density shall be defined taking into account all grazing livestock kept on the farm or, in the case of a commitment to limit nutrient leaching, all animals kept on the farm which are relevant to the commitment in question.

Article 14 U.K.

1. Support may relate to the following commitments:

(a) to rear farm animals of local breeds indigenous to the area and in danger of being lost to farming;

(b) to preserve plant genetic resources naturally adapted to the local and regional conditions and under threat of genetic erosion.

2. The local breeds and plant genetic resources must play a role in maintaining the environment on the area to which the measure provided for in paragraph 1 applies.

The eligible species of farm animals and the criteria for determining the threshold of loss to farming of local breeds are defined in the table in Annex I to this Regulation.

Article 15 U.K.

For the purposes of the second subparagraph of Article 24(1) of Regulation (EC) No 1257/1999, capital works shall be considered to be non-remunerative provided that they do not normally lead to any significant net increase in the value or profitability of the farm.

Article 16 U.K.

Agri-environment commitments beyond the minimum period of five years referred to in Article 23(1) of Regulation (EC) No 1257/1999 shall not run for a longer period than is reasonably necessary for the achievement of their environmental effects. They shall normally be for no longer than 10 years, except in the case of specific commitments where a longer period is found to be indispensable.

Article 17 U.K.

Various agri-environment and/or animal welfare commitments may be combined provided that they are complementary and compatible.

Where agri-environment measures are thus combined, the level of support shall take account of income forgone and specific additional costs arising from the combination.

Article 18 U.K.

1. The reference level for calculating income forgone and additional costs resulting from the commitments given shall be the usual good farming practice in the area where the measure is applied.

The economic consequences of abandoning land or ceasing certain farming practices may be taken into account where this is justified by the agronomic or environmental circumstances.

2. Where commitments are normally expressed in units other than those used in Annex of Regulation (EC) No 1257/1999, Member States may calculate payments on the basis of these other units. In such cases, the Member States shall ensure that the maximum amounts per year eligible for Community support as set out in the Annex to Regulation (EC) No 1257/1999 are complied with. To this end the Member State may:

(a) set a limit on the number of units per hectare of the farm to which the agri-environment commitments applies;

or

(b) determine the overall maximum amount for each participating farm and ensure that the payments for each farm are compatible with this limit.

3. Payments may be based on limitations on the use of fertilisers, plant protection products or other inputs only if such limitations are technically and economically measurable.

Article 19 U.K.

Member States shall determine the need to provide an incentive as provided for in the third indent of the first subparagraph of Article 24(1) of Regulation (EC) No 1257/1999 on the basis of objective criteria.

Incentives may not exceed 20 % of the income forgone and additional costs due to the commitment given, except in the case of specific commitments where a higher rate is deemed to be indispensable for effective implementation of the measure.

Article 20 U.K.

A farmer who gives an agri-environment or animal welfare commitment relating to one part of a farm shall adhere to at least the standard of usual good farming practice throughout the farm.

Article 21 U.K.

1. Member States may authorise one commitment to be converted into another during the period of its operation, on condition that:

(a) any such conversion is of unquestionable benefit to the environment or to animal welfare;

(b) the existing commitment is significantly reinforced;

and

(c) the approved programme includes the commitments concerned.

An agri-environment commitment may be converted into a commitment for afforestation of agricultural land under Article 31 of Regulation (EC) No 1257/1999 subject to the conditions set out in points (a) and (b) of the first subparagraph of this paragraph. The agri-environment commitment shall cease without reimbursement being required.

2. Member States may allow agri-environment or animal welfare commitments to be adjusted during the period for which they apply, provided that the approved programme includes scope for such adjustment and that the adjustment is duly justified having regard to the objectives of the commitment.

[F1 3. Where agro-environmental commitments expire before the end of the programming period fixed in Article 42 of Regulation (EC) No 1257/1999, Member States may extend them provided that the last year of the commitment does not start later than 31 December 2006 .

The Member States may authorise adaptations to the areas of the holding covered by the commitment to take into account a transfer of a part of the beneficiary’s holding to another person during the extension period, provided that those adaptations do not reduce by more than 50 % the area covered by the commitment.]

Textual Amendments

F1 Inserted by Commission Regulation (EC) No 1360/2005 of 18 August 2005 amending Regulation (EC) No 817/2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF).

SECTION 8 U.K. Food quality

Subsection 1 U.K. Participation in food quality schemes

Article 22 U.K.

1. Assistance foreseen in Article 24b of Regulation (EC) No 1257/1999 may be granted to farmers participating in a quality scheme only if the agricultural product or foodstuff has been officially recognised under the Regulations listed in paragraph 2 of that Article or a national quality scheme as provided for in paragraph 3 of that Article.

2. Where a support under Article 24b of Regulation No 1257/1999 for participation in a food quality scheme under Council Regulation (EEC) No 2092/91(1) for a specific product is included in the rural development programming document, the fixed cost resulting from the participation in this quality scheme shall no more be taken into account in calculating the amount of support in the framework of an agri-environment measure to support organic farming for the same product.

For the purposes of Article 24c of Regulation (EC) No 1257/1999, ‘fixed costs’ means the costs incurred for entering a quality scheme and the annual contribution for participating in such a scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme.

Subsection 2 U.K. Promotion of quality products

Article 23 U.K.

For the purposes of Article 24d(1) of Regulation (EC) No 1257/1999, ‘producer group’ means any organisation, of whatever legal form, which brings together operators actively participating in a quality scheme covered by Article 24b of Regulation (EC) No 1257/1999 for a specific agricultural product or foodstuff.

Professional and/or inter-professional organisations representing one or more sectors cannot qualify as ‘producer groups’ in the sense of the first paragraph..

Article 24 U.K.

For the purposes of Article 24d(2) of Regulation (EC) No 1257/1999, the information, promotion and advertising activities eligible for support shall be activities designed to induce consumers to buy the agricultural products or foodstuffs covered by quality schemes included in the programming document under the measure ‘participation in food quality schemes’.

Such activities shall draw attention to the specific features or advantages of the products concerned, notably the quality, specific production methods, high animal welfare standards and respect for the environment linked to the quality scheme concerned, and may include the dissemination of scientific and technical knowledge about these products.

Such activities shall include, in particular, the organisation of, and/or participation in, fairs and exhibitions, similar public relations exercises and advertising via the different channels of communication or at the points of sale.

Article 25 U.K.

1. Only information, promotion and advertising activities on the internal market shall be eligible for support pursuant to Article 24d of Regulation (EC) No 1257/1999.

2. Activities pursuant to Article 24 may not concern commercial brands. They may not incite consumers to buy a product due to its particular origin, except for products covered by the quality scheme introduced by Council Regulation (EC) No 2081/92(2) and those covered by Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(3).

The origin of a product may nevertheless be indicated provided the mention of the origin is subordinate to the main message.

3. Where activities covered by Article 24 of this Regulation concern a product included in a quality scheme provided for in Article 24b(2)(a), (b) or (c) of Regulation (EC) No 1257/1999, the Community logo provided for under those schemes shall appear on information, promotion and/or advertising material.

4. Information and promotion activities supported pursuant to Regulation (EC) No 2826/2000 shall not qualify for support pursuant to Article 24d of Regulation (EC) No 1257/1999.

Article 26 U.K.

The Member States shall ensure that all draft information, promotion, and advertising materials drawn up in the context of an activity benefiting from support in accordance with Article 24d of Regulation (EC) No 1257/1999 comply with Community legislation. To that end, beneficiaries shall transmit all such draft materials to the competent authority of the Member State.

SECTION 9 U.K. Improving the processing and marketing of agricultural products

Article 27 U.K.

Eligible expenditure may include:

(a)

the construction and acquisition of immovable property, with the exception of land purchase;

(b)

new machinery and equipment including computer software;

(c)

general costs, such as architects, engineers and consultants fees, feasibility studies, acquisition of patents and licences.

The costs referred to in point (c) of the first subparagraph shall be in addition to the costs referred to in (a) and (b) and shall be considered eligible expenditure up to a ceiling of 12 % of those costs. For the development of new technologies as referred to in Article 25(2), fourth indent, of Regulation (EC) No 1257/1999, the ceiling can be increased up to 25 %.

Article 28 U.K.

1. For the purposes of the second subparagraph of Article 26(1) of Regulation (EC) No 1257/1999, ‘small processing units’ means undertakings with fewer than 10 employees and an annual turnover or annual balance sheet total not exceeding EUR 2 million.

2. The period of grace which the Member States may grant under the second subparagraph of Article 26(1) of Regulation (EC) No 1257/1999 in which to comply with newly introduced minimum standards, may not exceed 36 months from the date on which the standard becomes mandatory for the small processing unit.

The end of the investment period referred to in the second subparagraph of Article 26(1) of Regulation (EC) No 1257/1999 shall fall within the period of grace as fixed in the second paragraph above.

Article 29 U.K.

1. For the purposes of Article 26(3) of Regulation (EC) No 1257/1999, the existence of normal market outlets shall be assessed at the appropriate level in relation to:

(a) the products concerned;

(b) the types of investment;

(c) existing and planned capacity.

2. Any restrictions on production or limitations on Community support under common market organisations shall be taken into account.

Article 30 U.K.

In the outermost regions, support may be granted for investment in the processing or marketing of products from third countries, provided that the processed products are intended for the market of the region in question.

For the purpose of compliance with the condition laid down in the first subparagraph, support shall be limited to processing capacity corresponding to regional needs, provided that such processing capacity does not exceed such needs.

SECTION 10 U.K. Forestry

Article 31 U.K.

The forests excluded from forestry support under Article 29(3) of Regulation (EC) No 1257/1999 shall be:

(a)

forest or other wooded land owned by central or regional governments, or by government-owned corporations;

(b)

forest and other wooded land owned by the crown;

(c)

forests owned by legal persons at least 50 % of whose capital is held by one of the institutions referred to in points (a) and (b).

Article 32 U.K.

Agricultural land eligible for support for afforestation pursuant to Article 31 of Regulation (EC) No 1257/1999 shall be specified by the Member State and shall include in particular arable land, grassland, permanent pastures and land used for perennial crops, where farming takes place on a regular basis

Article 33 U.K.

1. For the purposes of the second indent of the second subparagraph of Article 31(1) of Regulation (EC) No 1257/1999, ‘farmer’ means a person who devotes an essential part of his or her working time to agricultural activities and derives from them a significant part of his or her income according to detailed criteria to be determined by the Member State.

2. For the purposes of the second subparagraph of Article 31(3) of Regulation (EC) No 1257/1999, ‘fast-growing species cultivated in the short term’ means species with a rotation time, namely the period between two harvest cuts on the same parcel, of less than 15 years.

Article 34 U.K.

1. Support under Article 32 of Regulation (EC) No 1257/1999 may not be granted for areas for which support has been granted pursuant to Article 31 of that Regulation.

2. Payments for maintaining fire-breaks through agricultural measures under the second indent of Article 32(1) of Regulation (EC) No 1257/1999 may not be granted for areas benefiting from agri-environment support.

Such payments shall be consistent with any restrictions on production or limitations on Community support under common market organisations and shall take account of payments made under those common market organisations.

SECTION 11 U.K. Rules common to several measures

Article 35 U.K.

1. For the purposes of the third indent of Article 14(2) and the first subparagraph of Article 23(2) of Regulation (EC) No 1257/1999, ‘usual good farming practice’, means the standard of farming which a reasonable farmer would follow in the region concerned.

The Member States shall define verifiable standards in their rural development plans. These standards shall at least entail compliance with general mandatory environmental requirements. Concerning the support for animal welfare according to Article 22, second subparagraph, point (f) of Regulation (EC) No 1257/1999, these standards comprise at least the mandatory requirements in this area.

2. Where a Member States grants a period for the compliance with a new standard as referred to Article 1 of this Regulation or a period for the compliance of young farmers with the minimum standards referred to in Article 4, second subparagraph, of this Regulation, the farmers remains eligible for the compensatory allowances referred to in Chapter V of Regulation (EC) No 1257/1999 and/or for agri-environment or animal welfare support referred to in Chapter VI of that Regulation during this period provided the other conditions for granting these supports are met and provided that the farmer complies with the standards concerned at the end of the period.

Article 36 U.K.

[F2 Where all or part of a holding of the beneficiary is transferred to another person during the period for which a commitment given as a condition for the grant of assistance runs that other person may take over the commitment for the remainder of the period. If the commitment is not taken over, the beneficiary shall reimburse the assistance granted.

Member States, applying the principle of proportionality, may choose not to require such reimbursement in the following cases:

(a)

if a beneficiary who has already honoured a significant part of the commitment concerned definitively ceases agricultural activities and it is not feasible for a successor to take over the commitment;

(b)

if the transfer of a part of the holding of a beneficiary occurs during a period of extension of the commitment in accordance with Article 21(3) and if the transfer does not exceed 50 % of the area covered by the commitment before the extension.]

In the event of minor changes to the situation of a holding, Member States may take specific measures to ensure that application of the first subparagraph does not lead to inappropriate results in terms of the commitment entered into.

Textual Amendments

F2 Substituted by Commission Regulation (EC) No 1360/2005 of 18 August 2005 amending Regulation (EC) No 817/2004 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF).

Article 37 U.K.

1. When a beneficiary increases the area of the holding during the period for which a commitment given as a condition for the grant of assistance runs, Member States may provide for the commitment to be extended to cover the additional area for the remainder of the period of the commitment in accordance with paragraph 2, or for the original commitment to be replaced by a new one in accordance with paragraph 3.

Provision may also be made for such replacement in cases where the area covered by a commitment within a holding is extended.

2. The extension referred to in paragraph 1 may be granted only under the following conditions:

(a) it is of unquestionable benefit to the measure concerned;

(b) it is justified in terms of the nature of the commitment, the length of the remaining period and the size of the additional area;

(c) it does not impede the effectiveness of checks to ensure compliance with the conditions for the grant of assistance.

The size of the additional area referred to in (b) must be significantly less than the original area or not more than two hectares.

3. The new commitment referred to in paragraph 1 shall cover the whole area concerned under terms at least as strict as those of the original commitment.

Article 38 U.K.

Where a beneficiary is unable to continue to comply with commitments given because the holding is reparcelled or is the subject of other similar public land-consolidation measures, Member States shall take the measures necessary to allow the commitments to be adapted to the new situation of the holding. If such adaptation proves impossible, the commitment shall expire and reimbursement shall not be required in respect of the period in which the commitment was effective.

Article 39 U.K.

1. Without prejudice to the actual circumstances to be taken into consideration in individual cases, Member States may recognise, in particular, the following categories of force majeure:

(a) death of the farmer;

(b) long-term professional incapacity of the farmer;

(c) expropriation of a large part of the holding if this could not have been anticipated on the day on which the commitment was given;

(d) a severe natural disaster seriously affecting the agricultural land on the holding;

(e) the accidental destruction of livestock buildings on the holding;

(f) an epizootic disease affecting all or part of the farmer's livestock.

Member States shall notify the Commission of categories which they recognise as force majeure.

2. Cases of force majeure shall be notified in writing to the competent authority, together with relevant evidence to the satisfaction of that authority, within 10 working days of the date on which the farmer is in a position to do so. That deadline may be extended by 20 working days so long as that possibility is provided for in the programming document.

(1)

OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 746/2004 (OJ L 122, 26.4.2004, p. 10).

(2)

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).

(3)

OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).