Regulation (EC) No 795/2004 is amended as follows:
In Article 32 the following paragraph is added:
‘5.In cases as referred to in Article 40(4) (c) of Regulation (EC) No 1782/2003, Member States may authorise all producers affected to use land declared as set aside for animal feed purposes for the year of the single application. Member States shall take all necessary measures to ensure that the set-aside area subject to the authorisation is not used for lucrative purposes, and in particular that no fodder produced on that set-aside land is sold.
Member States shall notify to the Commission their decision on the authorisation and its justification.’