Article 37Natural handicap payments in mountain areas and payments in other areas with handicaps
1.Payments provided for in Article 36(a)(i) and (ii) shall be granted annually per hectare of utilised agricultural area (hereinafter UAA) within the meaning of Commission Decision 2000/115/EC of 24 November 1999 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 (1).
Payments should compensate for farmers’ additional costs and income forgone related to the handicap for agricultural production in the area concerned.
2.Payments shall be granted to farmers who undertake to pursue their farming activity in areas designated pursuant to Article 50(2) and (3) for at least five years from the first payment.
3.Payments shall be fixed between the minimum and maximum amount laid down in the Annex.
Payments higher than the maximum amount may be granted in duly justified cases provided that the average amount of all these payments granted at the Member State level concerned does not exceed this maximum amount.
4.Payments shall be degressive above a threshold level of area per holding, to be defined in the programme.
OJ L 38, 12.2.2000, p. 1. Decision as last amended by Regulation (EC) No 2139/2004 (OJ L 369, 16.12.2004, p. 26).