Commission Regulation (EC) No 1120/2009 (repealed)Show full title

TITLE I SCOPE AND DEFINITIONS

Article 1 Subject matter and scope

This Regulation lays down detailed rules for the implementation of the single payment scheme provided for in Title III of Regulation (EC) No 73/2009.

Article 2 Definitions

For the purposes of Title III of Regulation (EC) No 73/2009 and of this Regulation, the following definitions shall apply:

(a)

‘arable land’ means land cultivated for crop production or maintained in good agricultural and environmental condition in accordance with Article 6 of Regulation (EC) No 73/2009, irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;

(b)

‘permanent crops’ means non-rotational crops other than permanent pasture that occupy the land for five years or longer and yield repeated harvests, including nurseries, and short rotation coppice;

(c)

‘permanent pasture’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer, excluding areas set aside in accordance with Council Regulation (EEC) No 2078/92(1), areas set aside in accordance with Articles 22, 23 and 24 of Council Regulation (EC) No 1257/1999(2) and areas set aside in accordance with Article 39 of Council Regulation (EC) No 1698/2005(3); and to this end, ‘grasses or other herbaceous forage’ means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State (whether or not used for grazing animals). Member States may include arable crops listed in Annex I;

(d)

‘grassland’ means arable land used for grass production (sown or natural); for the purposes of Article 49 of Regulation (EC) No 73/2009 grassland shall include permanent pasture;

(e)

‘sale’ means the sale or any other definitive transfer of ownership of land or payment entitlements; it shall not include the sale of land where land is transferred to public authorities and/or for use in the public interest and in either case the transfer is carried out for non-agricultural purposes;

(f)

‘lease’ means lease or similar types of temporary transactions;

(g)

‘transfer, sale or lease of payment entitlements with land’ means, without prejudice to Article 27(1) of this Regulation, the sale or lease of payment entitlements with, respectively, the sale or lease for the same period of time of a corresponding number of eligible hectares within the meaning of Article 34 of Regulation (EC) No 73/2009 held by the transferor. The transfer of all the special entitlements within the meaning of Article 44 of Regulation (EC) No 73/2009 held by a farmer shall be considered as a transfer of payment entitlements with land;

(h)

‘merger’ means the merger of two or more separate farmers within the meaning of Article 2(a) of Regulation (EC) No 73/2009 into one new farmer within the meaning of that Article controlled in terms of management, benefits and financial risks by the farmers originally managing the holdings or one of them;

(i)

‘scission’ means:

(i)

the scission of one farmer within the meaning of Article 2(a) of Regulation (EC) No 73/2009 into at least two new separate farmers within the meaning of that Article of which at least one remains controlled, in terms of management, benefits and financial risks, by at least one of the legal or natural persons originally managing the holding; or

(ii)

the scission of one farmer within the meaning of Article 2(a) of Regulation (EC) No 73/2009 into at least one new separate farmer within the meaning of that Article 2(a) the other one remaining controlled, in terms of management, benefits and financial risks, by the farmer originally managing the holding;

(j)

‘production unit’ means at least one area which gave right to direct payments in the relevant reference period, including forage area, or one animal which would have given right to direct payments in the reference period, accompanied, where the case may be, by a corresponding premium right;

(k)

‘forage area’ means the area of the holding that was available throughout the calendar year for rearing animals including areas in shared use and areas which were subject to mixed cultivation; it shall not include:

• buildings, woods, ponds, paths,

• areas used for other crops eligible for Community aid or for permanent crops or horticultural crops,

• areas qualifying for the support system laid down for the producers of certain arable crops used for the aid scheme for dried fodder or subject to a national set-aside scheme;

(l)

for the purposes of Article 41(2) of Regulation (EC) No 73/2009, ‘farmers who commence their agricultural activity’ means a natural or legal person that did not have any agricultural activity in his own name and at his own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity.

In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person;

(m)

‘nurseries’ means the nurseries as defined in point G/5 of Annex I to Commission Decision 2000/115/EC(4);

(n)

‘short rotation coppice’ means areas planted with those tree species of CN code 0602 90 41 that consist of woody, perennial crops, the rootstock or stools remaining in the ground after harvesting, with new shoots emerging in the following season and that are contained in a list to be drawn up by Members States from 2010 of the species which are appropriate for use as short rotation coppice and their maximum harvest cycle;

(o)

‘specific support measures’ means measures implementing the specific support provided for in Article 68(1) of Regulation (EC) No 73/2009;

(p)

‘other Community support instruments’ means:

(i)

measures provided for in Council Regulations (EC) No 1698/2005, (EC) No 509/2006(5), (EC) No 510/2006(6), (EC) No 834/2007(7), (EC) No 1234/2007(8) and (EC) No 3/2008; and

(ii)

measures financed by the European Agricultural Guarantee Fund under Article 3 of Council Regulation (EC) No 1290/2005(9) including veterinary and plant health measures.

(1)

OJ L 215, 30.7.1992, p. 85.

(2)

OJ L 160, 26.6.1999, p. 80.

(3)

OJ L 277, 21.10.2005, p. 1.

(4)

OJ L 38, 12.2.2000, p. 1.

(5)

OJ L 93, 31.3.2006, p. 1.

(6)

OJ L 93, 31.3.2006, p. 12.

(7)

OJ L 189, 20.7.2007, p. 1.

(8)

OJ L 299, 16.11.2007, p. 1.

(9)

OJ L 209, 11.8.2005, p. 1.