Regulation (EC) No 795/2004 is amended as follows:
in Article 4, the following paragraph is added:
‘3.In the case where the amounts contained in the national reserve show to be higher than what is needed to cover the cases referred to in Article 42 of Regulation (EC) No 1782/2003, the Member States may increase proportionally the unit value of all payment entitlements. The total amount used for this increase shall not be higher than the total amount resulting from the linear reduction applied in accordance with Article 42(1) and (7) of that Regulation.’;
Article 21 is amended as follows:
in paragraph 1, the following subparagraph is added:
‘For the investments in the sugar sector the date referred to in the first subparagraph shall be 3 March 2006.’;
in paragraph 2, the following subparagraph is added:
‘For the investments in the sugar sector the date referred to in the first subparagraph shall be 3 March 2006’;
in paragraph 4, the following subparagraph is added:
‘For the investments in the sugar sector the date referred to in the first subparagraph shall be 3 March 2006.’;
in Article 24, paragraph 1 is replaced by the following:
‘1.Payment entitlements may only be declared for payment once per year by the farmer who holds them at the latest date for lodging the single application in accordance with Article 11 of Regulation (EC) No 796/2004.
However, where a farmer makes use of the possibility to amend the single application in accordance with Article 15 of that Regulation, he may also declare payment entitlements which he holds at the date of his notification of the amendments to the competent authority provided that the payment entitlements concerned are not declared by another farmer in respect of the same year.
Where the farmer acquires the payment entitlements concerned by way of a transfer from another farmer and where that other farmer had already declared those payment entitlements, the additional declaration of those payment entitlements shall only be admissible if the transferor has already informed the competent authority of the transfer in accordance with Article 25(2) of this Regulation and withdraws those payment entitlements from his own single application, within the time-limits set out in Article 15 of Regulation (EC) No 796/2004.’;
in Article 25, paragraph 3 is replaced by the following:
‘3.A Member State may require that the transferor shall communicate the transfer to the competent authority of the Member State where the transfer will operate, within a time period to be established by that Member State but not earlier than six weeks before the transfer takes place and taking into account the last date for lodging an application under the single payment scheme. The transfer shall take place as foreseen in the communication unless the competent authority objects to the transfer and notifies the transferor thereof within that time period. The competent authority may only object to a transfer where the latter is not in accordance with provisions of Regulation (EC) No 1782/2003 and of this Regulation.’;
the title of Chapter 6b is replaced by the following:
‘CHAPTER 6bINTEGRATION OF TOBACCO, OLIVE OIL, COTTON, HOPS PAYMENTS AND SUGAR BEET, CANE AND CHICORY SUPPORT IN THE SINGLE PAYMENT SCHEME’;
Article 48c is amended as follows:
in paragraph 1, the following subparagraph is added:
‘However, the reduction referred to in Article 41(2) of Regulation (EC) No 1782/2003 shall not apply to the reference amount calculated for sugar beet, cane and chicory support in accordance with point K of Annex VII to Regulation (EC) No 1782/2003.’;
paragraph 2 is replaced by the following:
‘2.Where a Member State has applied the single payment scheme in 2005 and without prejudice to the third subparagraph of Article 71(1) of Regulation (EC) No 1782/2003, for the purposes of the establishment of the amount and the determination of payment entitlements in the framework of the integration of tobacco, olive oil and cotton payments as well as sugar beet, cane and chicory support in the single payment scheme, Articles 37 and 43 of that Regulation shall apply subject to the rules established in Article 48d of this Regulation and, in case the Member State has made use of the option provided for in Article 59 of Regulation (EC) No 1782/2003, in Article 48e of this Regulation.’;
paragraph 4 is replaced by the following:
‘4.As the case may be, Article 41(2) of Regulation (EC) No 1782/2003 shall apply to the value of all the payment entitlements existing before the integration of tobacco, olive oil, cotton and/or dairy payments as well as sugar beet, cane and chicory support, and to the reference amounts calculated for tobacco, olive oil, cotton and/or dairy payments.’;
paragraph 5 is replaced by the following:
‘5.Where a Member State has applied the single payment scheme in 2005, the percentage of reduction fixed by the Member State in accordance with Article 42(1) of Regulation (EC) No 1782/2003 shall apply in 2006 to the tobacco, olive oil, cotton, sugar beet, cane and chicory reference amounts to be integrated in the single payment scheme.’;
paragraph 7 is replaced by the following:
‘7.Where a Member State has applied the single payment scheme in 2005, for the purpose of the establishment of the payment entitlements in relation to cotton, tobacco, olive oil, hops, sugar beet, cane and chicory, the first year of application of the single payment scheme referred to in Articles 7(1), 12 to 17 and 20 shall be 2006.
8.Where the inclusion of the sugar reference amounts calculated in accordance with point K of Annex VII to Regulation (EC) No 1782/2003 into the single payment scheme risks to make it impossible to respect the time-limits set out in Article 34 of Regulation (EC) No 1782/2003 and Article 12 of this Regulation, the Member States shall extend those time-limits by one month.’;
Article 48d is amended as follows:
in paragraph 1, the first subparagraph is replaced by the following:
‘If the farmer has not been allocated or has not bought payment entitlements by the last date for applying for the establishment of payment entitlements for 2006, he shall receive payment entitlements calculated in accordance with Articles 37 and 43 of Regulation (EC) No 1782/2003 for tobacco, olive oil and cotton payments as well as sugar beet, cane and chicory support.’;
in paragraph 2, points (a) and (b) are replaced by the following:
the number of payment entitlements shall be equal to the number of payment entitlements he owns, increased by the number of hectares established in accordance with Article 43 of Regulation (EC) No 1782/2003 for tobacco, olive oil and cotton as well as for sugar beet, cane and chicory;
the value shall be obtained by dividing the sum of the value of the payment entitlements he owns and the reference amount calculated in accordance with Article 37 of Regulation (EC) No 1782/2003 for sugar beet, cane and chicory used for the production of sugar or inuline syrup and for tobacco, olive oil and cotton by the number established in accordance with point (a) of this paragraph.’;
Article 48e is amended as follows:
paragraph 1 is replaced by the following:
‘1.Where a Member State has made use of the option provided for in Article 59(1) of Regulation (EC) No 1782/2003, all payment entitlements shall be increased by a supplementary amount corresponding to the increase of the regional ceiling in the corresponding year, divided by the total number of payment entitlements established in the region at the date for lodging an application for the single payment scheme at the latest.’;
in paragraph 2, points (a) and (b) are replaced by the following:
the corresponding part of the increase of the regional ceiling divided by the total number of payment entitlements established in the region at the date for lodging an application for the single payment scheme at the latest;
the reference amount corresponding for each farmer to the remaining part of the increase of the regional ceiling divided by the number of payment entitlements that the farmer owns by the date for lodging an application for the single payment scheme in 2006 at the latest.’;
Article 49a is amended as follows:
The title is replaced by the following:
‘(Article 49aIntegration of tobacco, cotton, olive oil, hops, sugar beet, cane and chicory’;
the following subparagraph is added to paragraph 1:
‘With regard to the integration of sugar beet, cane and chicory support, the communication provided for in the first subparagraph shall be sent to the Commission by 15 May 2006 at the latest.’;
in paragraph 2, the following subparagraph is added:
‘By way of derogation from Article 48(6), with regard to the integration of sugar beet, cane and chicory support, the communication concerning the decision as regards the option provided for in Article 69 of Regulation (EC) No 1782/2003 shall be sent to the Commission by 30 April 2006 at the latest.’;
Annexes I and II are replaced by the text in the Annex to this Regulation.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 April 2006.
For the Commission
Mariann Fischer Boel
Member of the Commission