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AA2003/ACT/Annex II/en 1111
6. AGRICULTURE
A. AGRICULTURAL LEGISLATION
1. 31965 R 0079: Regulation No 79/65/EEC of the Council of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (OJ 109, 23.6.1965, p. 1859), as amended by:
– 11972 B: Act concerning the conditions of accession and the adjustments to
the Treaties – Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ L 73, 27.3.1972, p. 14),
– 31972 R 2835: Regulation (EEC) No 2835/72 of the Council of 29.12.1972 (OJ L 298, 31.12.1972, p. 47),
– 31973 R 2910: Regulation (EEC) No 2910/73 of the Council of 23.10.1973 (OJ L 299, 27.10.1973, p. 1),
– 11979 H: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),
– 31981 R 2143: Council Regulation (EEC) No 2143/81 of 27.7.1981 (OJ L 210, 30.7.1981, p. 1),
– 11985 I: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),
– 31985 R 3644: Council Regulation (EEC) No 3644/85 of 19.12.1985 (OJ L 348, 24.12.1985, p. 4),
– 31985 R 3768: Council Regulation (EEC) No 3768/85 of 20.12.1985 (OJ L 362, 31.12.1985, p. 8),
– 31990 R 3577: Council Regulation (EEC) No 3577/90 of 4.12.1990 (OJ L 353, 17.12.1990, p. 23),
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
– 31995 R 2801: Council Regulation (EC) No 2801/95 of 29.11.1995 (OJ L 291, 6.12.1995, p. 3),
– 31997 R 1256: Council Regulation (EC) No 1256/97 of 25.6.1997 (OJ L 174, 2.7.1997, p. 7).
(a) Article 4(3) is replaced by the following:
"3. The maximum number of returning holdings shall be 105 000 for the Community.";
(b) The following sentence is added to Article 5(1):
"The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall set up a National Committee by the end of the sixth month following the date of accession at the latest.";
(c) The following is added to the Annex:
"Czech Republic
Constitutes a single division
Estonia
Constitutes a single division
Cyprus
Constitutes a single division
Latvia
Constitutes a single division
Lithuania
Constitutes a single division
Hungary
1. Közép-Magyarország
2. Közép-Dunántúl
3. Nyugat-Dunántúl
4. Dél-Dunántúl
5. Észak- Magyarország
6. Észak-Alföld
7. Dél-Alföld
Malta
Constitutes a single division
Poland
1. Pomorze and Mazury
2. Wielkopolska and Śląsk
3. Mazowsze and Podlasie
4. Małopolska and Pogórze
Slovenia
Constitutes a single division
Slovakia
Constitutes a single division.".
2. 31966 R 0136: Regulation No 136/66/EEC of the Council of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (OJ L 172, 30.9.1966, p. 3025), as amended by:
– 31968 R 2146: Regulation (EEC) No 2146/68 of the Council of 20.12.1968 (OJ L 314, 31.12.1968, p. 1),
– 31970 R 1253: Regulation (EEC) No 1253/70 of the Council of 29.6.1970 (OJ L 143, 1.7.1970, p. 1),
– 31970 R 2554: Regulation (EEC) No 2554/70 of the Council of 15.12.1970 (OJ L 275, 19.12.1970, p. 5),
– 31971 R 2727: Regulation (EEC) No 2727/71 of the Council of 20.12.1971 (OJ L 282, 23.12.1971, p. 8),
– 11972 B: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Kingdom of Denmark, Ireland and the United Kingdom (OJ L 73, 27.3.1972, p. 14),
– 31972 R 1547: Council Regulation (EEC) No 1547/72 of 18.7.1972 (OJ L 165, 21.7.1972, p. 1),
– 31973 R 1707: Regulation (EEC) No 1707/73 of the Council of 26.6.1973 (OJ L 175, 29.6.1973, p. 5),
– 31977 R 2560: Council Regulation (EEC) No 2560/77 of 7.11.1977 (OJ L 303, 28.11.1977, p. 1),
– 31978 R 1419: Council Regulation (EEC) No 1419/78 of 20.6.1978 (OJ L 171, 28.6.1978, p. 8),
– 31978 R 1562: Council Regulation (EEC) No 1562/78 of 29.6.1978 (OJ L 185, 7.7.1978, p. 1),
– 11979 H: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 17),
– 31979 R 0590: Council Regulation (EEC) No 590/79 of 26.3.1979 (OJ L 78, 30.3.1979, p. 1),
– 31980 R 1585: Council Regulation (EEC) No 1585/80 of 24.6.1980 (OJ L 160, 26.6.1980, p. 2),
– 31980 R 1917: Council Regulation (EEC) No 1917/80 of 15.7.1980 (OJ L 186, 19.7.1980, p. 1),
– 31980 R 3454: Council Regulation (EEC) No 3454/80 of 22.12.1980 (OJ L 360, 31.12.1980, p. 16),
– 31982 R 1413: Council Regulation (EEC) No 1413/82 of 18.5.1982 (OJ L 162, 12.6.1982, p. 6),
– 31984 R 1097: Council Regulation (EEC) No 1097/84 of 31.3.1984 (OJ L 113, 28.4.1984, p. 1),
– 31984 R 1101: Council Regulation (EEC) No 1101/84 of 31.3.1984 (OJ L 113, 28.4.1984, p. 7),
– 31984 R 1556: Council Regulation (EEC) No 1556/84 of 4.6.1984 (OJ L 150, 6.6.1984, p. 5),
– 31984 R 2260: Council Regulation (EEC) No 2260/84 of 17.7.1984 (OJ L 208, 3.8.1984, p. 1),
– 11985 I: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 23),
– 31985 R 0231: Council Regulation (EEC) No 231/85 of 29.1.1985 (OJ L 26, 31.1.1985, p. 12),
– 31985 R 3768: Council Regulation (EEC) No 3768/85 of 20.12.1985 (OJ L 362, 31.12.1985, p. 8),
– 31986 R 1454: Council Regulation (EEC) No 1454/86 of 13.5.1986 (OJ L 133, 21.5.1986, p. 8),
– 31987 R 1915: Council Regulation (EEC) No 1915/87 of 2.7.1987 (OJ L 183, 3.7.1987, p. 7),
– 31987 R 3994: Commission Regulation (EEC) No 3994/87 of 23.12.1987 (OJ L 377, 31.12.1987, p. 31),
– 31988 R 1098: Council Regulation (EEC) No 1098/88 of 25.4.1988 (OJ L 110, 29.4.1988, p. 10),
– 31988 R 2210: Council Regulation (EEC) No 2210/88 of 19.7.1988 (OJ L 197, 26.7.1988, p. 1),
– 31989 R 1225: Council Regulation (EEC) No 1225/89 of 3.5.1989 (OJ L 128, 11.5.1989, p. 15),
– 31989 R 2902: Council Regulation (EEC) No 2902/89 of 25.9.1989 (OJ L 280, 29.9.1989, p. 2),
– 31990 R 3499: Council Regulation (EEC) No 3499/90 of 27.11.1990 (OJ L 338, 5.12.1990, p. 1),
– 31990 R 3577: Council Regulation (EEC) No 3577/90 of 4.12.1990 (OJ L 353, 17.12.1990, p. 23),
– 31991 R 1720: Council Regulation (EEC) No 1720/91 of 13.6.1991 (OJ L 162, 26.6.1991, p. 27),
– 31992 R 0356: Council Regulation (EEC) No 356/92 of 10.2.1992 (OJ L 39, 15.2.1992, p. 1),
– 31992 R 2046: Council Regulation (EEC) No 2046/92 of 30.6.1992 (OJ L 215, 30.7.1992, p. 1),
– 31993 R 3179: Council Regulation (EC) No 3179/93 of 16.11.1993 (OJ L 285, 20.11.1993, p. 9),
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
– 31994 R 3290: Council Regulation (EC) No 3290/94 of 22.12.1994 (OJ L 349, 31.12.1994, p. 5),
- 31996 R 1581: Council Regulation (EC) No 1581/96 of 30.7.1996 (OJ L 206, 16.8.1996, p. 11),
- 31998 R 1638: Council Regulation (EC) No 1638/98 of 20.7.1998 (OJ L 210, 28.7.1998, p. 32),
- 31999 R 2702: Council Regulation (EC) No 2702/1999 of 14.12.1999 (OJ L 327, 21.12.1999, p. 7),
- 32000 R 2826: Council Regulation (EC) No 2826/2000 of 19.12.2000 (OJ L 328, 23.12.2000, p. 2),
- 32001 R 1513: Council Regulation (EC) No 1513/2001 of 23.7.2001 (OJ L 201, 26.7.2001, p. 4).
Article 5(3) is replaced by the following:
"3. The maximum quantity of olive oil to which the aid provided for in paragraph 1 shall apply shall be 1 783 811 tonnes per marketing year. That maximum guaranteed quantity shall be apportioned among the Member States as follows in the form of NGQs:
- Greece: 419 529 tonnes
- Spain: 760 027 tonnes
- France: 3 297 tonnes
- Italy: 543 164 tonnes
- Cyprus: 6 000 tonnes
- Portugal: 51 244 tonnes
- Slovenia: 400 tonnes
- Malta: 150 tonnes
The National Guaranteed Quantities set for Cyprus and Malta are provisional. These figures will be revised in 2005 after the introduction of the Geographical Information System (GIS). If the eligible production is different than the fixed Quantity, the Commission shall decide, in accordance with the procedure provided for in Article 38 of Regulation No 136/66/EEC, to adjust the Cypriot and Maltese National Guaranteed Quantities accordingly. ".
3. 31975 L 0106: Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain prepackaged liquids (OJ L 42, 15.2.1975, p. 1), as last amended by:
– 31989 L 0676: Council Directive 89/676/EEC of 21.12.1989 (OJ L 398, 30.12.1989, p. 18).
In Article 5(3) the following is added as subparagraph (e):
"(e) Without prejudice to subparagraph (b), products listed in Annex III, Section(1)(a) produced and bottled in Hungary before 1 January 1993 and having the volume of 0,70 litre may be marketed in Hungary, provided that Hungary declares the quantity of stocks at the date of accession to the Commission."
4. 31977 R 1784: Council Regulation (EEC) No 1784/77 of 19 July 1977 concerning the certification of hops (OJ L 200, 8.8.1977, p. 1), as amended by:
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
– 31979 R 2225: Council Regulation (EEC) No 2225/79 of 9.10.1979 (OJ L 257, 12.10.1979, p. 1),
– 31985 R 2039: Council Regulation (EEC) No 2039/85 of 23.7.1985 (OJ L 193, 25.7.1985, p. 1),
- 31991 R 1605: Council Regulation (EEC) No 1605/91 of 10.6.1991 (OJ L 149, 14.6.1991, p. 14),
- 31993 R 1987: Council Regulation (EEC) No 1987/93 of 19.7.1993 (OJ L 182, 24.7.1993, p. 1),
- 31996 R 1323: Council Regulation (EC) No 1323/96 of 26.6.1996 (OJ L 171, 10.7.1996, p. 1).
The following sentence is added to Article 9:
"The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall communicate that information within four months from the date of accession.".
5. 31982 R 1981: Council Regulation (EEC) No 1981/82 of 19 July 1982 drawing up the list of Community regions, in which production aid for hops is granted only to recognised producer groups (OJ L 215, 23.7.1982, p. 3), as amended by:
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
- 31987 R 4069: Council Regulation (EEC) No 4069/87 of 22.12.1987 (OJ L 380, 31.12.1987, p. 32),
- 31989 R 1808: Council Regulation (EEC) No 1808/89 of 19.6.1989 (OJ L 177, 24.6.1989, p. 5),
- 31992 R 3337: Council Regulation (EEC) No 3337/92 of 16.11.1992 (OJ L 336, 20.11.1992, p. 2).
The following regions are added to the list in the Annex:
"Česká republika
Slovensko".
6. 31985 R 1907: Commission Regulation (EEC) No 1907/85 of 10 July 1985 on the list of vine varieties and regions providing imported wine for the making of sparkling wines in the Community (OJ L 179, 11.7.1985 p. 21).
(a) After Article 1, the following Article is inserted:
"Article 1a
1. Lithuania may use the stocks of wine originating in Moldavia imported before 1 January 2004 for the making of sparkling wine until the stocks thereof are exhausted.
2. Lithuania shall establish an inventory of the stocks available on 1 January 2004 and shall then monitor these stocks.
3. The sparkling wine produced from Moldavian wine shall bear a special extra label indicating the origin of the material used and specifying that this wine is for sale only on the territory of Lithuania or for export to third countries.".
7. 31989 R 1576: Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160, 12.6.1989, p. 1), as amended by:
– 31992 R 3280: Council Regulation (EEC) No 3280/92 of 9.11.1992 (OJ L 327, 13.11.1992, p. 3),
– 31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the Council of 22.12.1994 (OJ L 366, 31.12.1994, p. 1),
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties – Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21).
(a) In Article 1(4):
– in point (f) the following subparagraphs (3) and (4) are added:
"(3) The name "grape marc" or "grape marc spirit" may be replaced by the designation zivania solely for the spirit drink produced in Cyprus.
(4) The name "grape marc" or "grape marc spirit" may be replaced by the designation Pálinka solely for the spirit drink produced in Hungary.";
– in point (i) the following subparagraph (4) is added:
"(4) The name "fruit spirit" may be replaced by the designation Pálinka solely for the spirit drink produced in Hungary and for apricot distillates produced solely in the following counties of Austria: Niederösterreich, Burgenland, Steiermark and Wien.";
– in point (o)(3), the first indent is replaced by the following:
"– have been produced either exclusively in Greece or exclusively in Cyprus".
(b) In Article 5(3):
– in point (c) the following subparagraph is added:
"Poland may require that for the production of vodka on its territory labelled as "Polish Vodka/Polska Wódka" solely specific raw materials of Polish origin are used or following traditional specifications and within the context of a quality policy pursued by Poland.";
(c) In Article 7(5), first sentence, after the name "Rum-Verschnitt", the words "and Slivovice" are added;
(d) In Article 9, the following paragraph 3 is added:
"3. However, paragraph 1 shall not prevent the marketing of the spirit drink named "Slivovice" produced in the Czech Republic and obtained by the addition to the plum distillate, before the final distillation, of a maximum proportion of 30% by volume of ethyl alcohol of agricultural origin. This product must be described as "spirit" or "spirit drink" within the meaning of Article 5 and may also use the name Slivovice in the same visual field on the front label. If this Czech Slivovice is marketed in the Community, its alcoholic composition must appear on the label. This provision is without prejudice to the use of the name Slivovice for fruit spirits according to Article 1(4)(i)."
(e) In Annex II, the following geographical designations are added:
– in point 5 "Karpatské brandy špeciál"
– in point 7 "Szatmári szilvapálinka", "Kecskeméti barackpálinka", "Békési szilvapálinka", "Szabolcsi almapálinka" and " Bošácka slivovica "
– in point 11 "Vilniaus džinas", "Spišská borovička", "Slovenská borovička Juniperus", "Slovenská borovička", "Inovecká borovička", "Liptovská borovička"
– in point 14 "Allaţu Íimelis", "Čepkeliř ", "Demänovka bylinný likér", "Polish Cherry", "Karlovarská hořká"
– in point 16 "Latvijas Dzidrais", "Rîgas degvîns", "LB degvîns", "LB vodka", "Originali Lietuviđka degtinë","Laugarício vodka", "Polska Wódka/Polish Vodka", "Herbal vodka from the North Podlasie Lowland aromatised with an extract of bison grass" /"Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej"
(f) In Annex II, the following point is added:
"17. Bitter-tasting spirit drinks "Riga Black Balsam"or "Rîgas melnais Balzâms", "Demänovka bylinná horká".".
8. 31991 R 2092: Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (OJ L 198, 22.7.1991, p. 1), as amended by:
– 31992 R 1535: Commission Regulation (EEC) No 1535/92 of 15.6.1992 (OJ L 162, 16.6.1992, p. 15),
– 31992 R 2083: Council Regulation (EEC) No 2083/92 of 14.7.1992 (OJ L 208, 24.7.1992, p. 15),
– 31992 R 3713: Commission Regulation (EEC) No 3713/92 of 22.12.1992 (OJ L 378, 23.12.1992, p. 21),
– 31993 R 0207: Commission Regulation (EEC) No 207/93 of 29.1.1993 (OJ L 25, 2.2.1993, p. 5),
– 31993 R 2608: Commission Regulation (EEC) No 2608/93 of 23.9.1993 (OJ L 239, 24.9.1993, p. 10),
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
– 31994 R 0468: Commission Regulation (EC) No 468/94 of 2.3.1994 (OJ L 59, 3.3.1994, p. 1),
– 31994 R 1468: Council Regulation (EC) No 1468/94 of 20.6.1994 (OJ L 159, 28.6.1994, p. 11),
– 31994 R 2381: Commission Regulation (EC) No 2381/94 of 30.9.1994 (OJ L 255, 1.10.1994, p. 84),
– 31195 R 0529: Commission Regulation (EC) No 529/95 of 9.3.1995 (OJ L 54, 10.3.1995, p. 10),
– 31995 R 1201: Commission Regulation (EC) No 1201/95 of 29.5.1995 (OJ L 119, 30.5.1995, p. 9),
– 31995 R 1202: Commission Regulation (EC) No 1202/95 of 29.5.1995 (OJ L 119, 30.5.1995, p. 11),
– 31995 R 1935: Council Regulation (EC) No 1935/95 of 22.6.1995 (OJ L 186, 5.8.1995, p. 1),
– 31996 R 0418: Commission Regulation (EC) No 418/96 of 7.3.1996 (OJ L 59, 8.3.1996, p. 10),
– 31997 R 1488: Commission Regulation (EC) No 1488/97 of 29.7.1997 (OJ L 202, 30.7.1997, p. 12),
– 31998 R 1900: Commission Regulation (EC) No 1900/98 of 4.9.1998 (OJ L 247, 5.9.1998, p. 6),
– 31999 R 0330: Commission Regulation (EC) No 330/1999 of 12.2.1999 (OJ L 40, 13.2.1999, p. 23),
– 31999 R 1804: Council Regulation (EC) No 1804/1999 of 19.7.1999 (OJ L 222, 24.8.1999, p. 1),
– 32000 R 0331: Commission Regulation (EC) No 331/2000 of 17.12.1999 (OJ L 48, 19.2.2000, p. 1),
– 32000 R 1073: Commission Regulation (EC) No 1073/2000 of 19.5.2000 (OJ L 119, 20.5.2000, p. 27),
– 32000 R 1437: Commission Regulation (EC) No 1437/2000 of 30.6.2000 (OJ L 161, 1.7.2000, p. 62),
– 32000 R 2020: Commission Regulation (EC) No 2020/2000 of 25.9.2000 (OJ L 241, 26.9.2000, p. 39),
– 32001 R 0436: Commission Regulation (EC) No 436/2001 of 2.3.2001 (OJ L 63, 3.3.2001, p. 16),
– 32001 R 2491: Commission Regulation (EC) No 2491/2001 of 19.12.2001 (OJ L 337, 20.12.2001, p. 9),
– 32002 R 0473: Commission Regulation (EC) No 473/2002 of 15.3.2002 (OJ L 75, 16.3.2002, p. 21).
(a) In Article 2 the following indents are inserted between the entries for the Spanish and Danish languages:
"– in Czech: ekologické",
and, between the entries for the German and Greek languages:
"– in Estonian: mahe or ökoloogiline"
and, between the entries for the Italian and Dutch languages:
"– in Latvian: bioloěiskâ,
– in Lithuanian: ekologiškas,
– in Hungarian: ökológiai,
– in Maltese: organiku",
and, between the entries for the Dutch and Portuguese languages:
"– in Polish: ekologiczne",
and, between the entries for the Portuguese and Finnish languages:
"– in Slovak: ekologické,
– in Slovenian: ekološki".
(b) In Article 5, paragraph 3a is replaced by the following:
"By way of derogation from paragraphs 1 to 3, trade marks which bear an indication referred to in Article 2 may continue to be used until 1 July 2006 in the labelling and advertising of products which do not comply with this Regulation provided that:
- registration of the trade mark was applied for before 22 July 1991 – unless the second subparagraph below applies – and is in conformity with the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks*, and
- the trade mark is already reproduced with a clear, prominent, and easily readable indication that the products are not produced according to the organic production method as prescribed in this Regulation.
The date of application referred to in the first indent of the first subparagraph is, for Finland, Austria, and Sweden, 1 January 1995 and, for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 1 May 2004.
* OJ L 40, 11.2.1989, p. 1. Directive as amended by Decision 92/10/EEC (OJ L 6, 11.1.1992, p. 35).";
(c) In Annex V the following entries are inserted between the entries for the Spanish and Danish languages:
"CS: Ekologické zemědělství – kontrolní systém ES",
and, between the entries for the German and Greek languages:
"ET: Mahepőllumajandus – EÜ kontrollsüsteem or Ökoloogiline pőllumajandus – EÜ kontrollsüsteem",
and, between the entries for the Italian and Dutch languages:
"LV: Bioloěiskâ lauksaimniecîba – EK kontroles sistçma,
LT: Ekologinis ţemës űkis – EB kontrolës sistema,
HU: Ökológiai gazdálkodás – EK ellenőrzési rendszer,
MT: Agrikultura Organika – Sistema ta’ Kontroll tal-KE",
and, between the entries for the Dutch and Portuguese languages:
"PL: Rolnictwo ekologiczne – system kontroli WE",
and, between the entries for the Portuguese and Finnish languages:
"SK: Ekologické poľnohospodárstvo – kontrolný systém ES,
SL: Ekološko kmetijstvo – Kontrolni sistem ES".
9. 31992 R 2075: Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (OJ L 215, 30.7.1992, p. 70), as amended by:
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
– 31994 R 3290: Council Regulation (EC) No 3290/94 of 22.12.1994 (OJ L 349, 31.12.1994, p. 105),
– 31995 R 0711: Council Regulation (EC) No 711/95 of 27.3.1995 (OJ L 73, 1.4.1995, p. 13),
– 31996 R 0415: Council Regulation (EC) No 415/96 of 4.3.1996 (OJ L 59, 8.3.1996, p. 3),
– 31996 R 2444: Council Regulation (EC) No 2444/96 of 17.12.1996 (OJ L 333, 21.12.1996, p. 4),
– 31997 R 2595: Council Regulation (EC) No 2595/97 of 18.12.1997 (OJ L 351, 23.12.1997, p. 11),
– 31998 R 1636: Council Regulation (EC) No 1636/98 of 20.7.1998 (OJ L 210, 28.7.1998, p. 23),
– 31999 R 0660: Council Regulation (EC) No 660/1999 of 22.3.1999 (OJ L 83, 27.3.1999, p. 10),
– 32000 R 1336: Council Regulation (EC) No 1336/2000 of 19.6.2000 (OJ L 154, 27.6.2000, p. 2),
– 32002 R 0546: Council Regulation (EC) No 546/2002 of 25.3.2002 (OJ L 84, 28.3.2002, p. 4).
(a) In Article 8, the first paragraph is replaced by the following:
"A maximum overall guarantee threshold of 402 953 tonnes of raw leaf tobacco per harvest shall be set for the Community.";
(b) In point I "Flue-Cured" of the Annex, the following is added:
"Wiślica
Virginia SCR IUN
Wiktoria
Wiecha
Wika
Wala
Wisła
Wilia
Waleria
Watra
Wanda
Weneda
Wenus
DH 16
DH 17";
(c) In point II "Light Air-Cured" of the Annex, the following is added:
"Bursan
Bachus
Bożek
Boruta
Tennessee 90
Baca
Bocheński
Bonus
NC 3
Tennessee 86";
(d) In point III "Dark Air-Cured" of the Annex, the following is added:
"Prezydent
Mieszko
Milenium
Małopolanin
Makar
Mega";
(e) In point IV "Fire-Cured" of the Annex, the following is added:
"Kosmos".
10. 31992 R 2081: Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 208, 24.7.1992, p. 1), as amended by:
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
– 31997 R 0535: Council Regulation (EC) No 535/97 of 17.3.1997 (OJ L 83, 25.3.1997, p. 3),
– 31997 R 1068: Commission Regulation (EC) No 1068/97 of 12.6.1997 (OJ L 156, 13.6.1997, p. 10),
– 32000 R 2796: Commission Regulation (EC) No 2796/2000 of 20.12.2000 (OJ L 324, 21.12.2000, p. 26).
The following sentence is added to Article 2(7) and Article 10(1)
"In the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the above period shall begin from the date of their accession.".
11. 31992 R 2082: Council Regulation (EEC) No 2082/92 of 14 July 1992 on certificates of specific character for agricultural products and foodstuffs (OJ L 208, 24.7.1992, p. 9), as amended by:
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties –Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21).
(a) The following sentence is added to Article 7(4):
"The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall publish such particulars within a period of six months from the date of their accession.";
(b) The following sentence is added to Article 14(1):
"In the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the above period shall begin from the date of their accession.".
12. 31992 R 2137: Council Regulation (EEC) No 2137/92 of 23 July 1992 concerning the Community scale for the classification of carcasses of ovine animals and determining the Community standard quality of fresh or chilled sheep carcasses and extending Regulation (EEC) No 338/91 (OJ L 214, 30.7.1992, p. 1), as amended by:
– 31994 R 1278: Council Regulation (EC) No 1278/94 of 30.5.1994 (OJ L 140, 3.6.1994, p. 5),
– 31997 R 2536: Council Regulation (EC) No 2536/97 of 16.12.1997 (OJ L 347, 18.12.1997, p. 6).
In Article 3(2), the following subparagraph is added:
"If the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia intends to make use of this authorisation, it shall notify the Commission and the other Member States no later than one year after the date of accession".
13. 31992 R 3950: Council Regulation (EEC) No 3950/92, of 28 December 1992, establishing an additional levy in the milk and milk products sector (OJ L 405, 31.12.1992, p. 1), as amended by:
– 31993 R 0748: Council Regulation (EEC) No 748/93 of 17.3.1993 (OJ L 77, 31.3.1993, p. 16),
– 31993 R 1560: Council Regulation (EEC) No 1560/93 of 14.6.1993 (OJ L 154, 25.6.1993, p. 30),
– 11994 N: Act concerning the conditions of accession and the adjustments to the Treaties – Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),
– 31994 R 0647: Commission Regulation (EC) No 647/94 of 23.3.1994 (OJ L 80, 24.3.1994, p. 16),
– 31994 R 1883: Council Regulation (EC) No 1883/94 of 27.7.1994 (OJ L 197 , 30.7.1994, p. 25),
– 31995 R 0630: Commission Regulation (EC) No 630/95 of 23.3.1995 (OJ L 66, 24.3.1995, p. 11),
– 31995 R 1552: Council Regulation (EC) No 1552/95 of 29.6.1995 (OJ L 148, 30.6.1995, p. 43),
– 31996 R 0635: Commission Regulation (EC) No 635/96 of 10.4.1996 (OJ L 90, 11.4.1996, p. 17),
– 31996 R 1109: Commission Regulation (EC) No 1109/96 of 20.6.1996 (OJ L 148, 21.6.1996, p. 13),
– 31997 R 0614: Commission Regulation (EC) No 614/97 of 8.4.1997 (OJ L 94, 9.4.1997, p. 4),
– 31998 R 0551: Council Regulation (EC) No 551/98 of 9.3.1998 (OJ L 73, 12.3.1998, p. 1),
– 31998 R 0903: Commission Regulation (EC) No 903/98 of 28.4.1998 (OJ L 127, 29.4.1998, p. 8),
– 31999 R 0751: Commission Regulation (EC) No 751/1999 of 9.4.1999 (OJ L 96, 10.4.1999, p. 11),
– 31999 R 1256: Council Regulation (EC) No 1256/1999 of 17.5.1999 (OJ L 160, 26.6.1999, p. 73),
– 32000 R 0749: Commission Regulation (EC) No 749/2000 of 11.4.2000 (OJ L 90, 12.4.2000, p. 4),
– 32001 R 0603: Commission Regulation (EC) No 603/2001 of 28.3.2001 (OJ L 89, 29.3.2001, p. 18),
– 32002 R 0582: Commission Regulation (EC) No 582/2002 of 4.4.2002 (OJ L 89, 5.4.2002, p. 7),
– 32002 R 2028: Council Regulation (EC) No 2028/2002 of 11.11.2002 (OJ L 313, 16.11.2002, p. 3).
(a) In Article 3(2), the following subparagraphs are added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the quantities referred to include all cow's milk or milk equivalent delivered to a purchaser or sold directly for consumption irrespective of whether it is produced or marketed under a transitional measure applicable in these countries.
For Poland the distribution of the total quantity between deliveries and direct sales shall be reviewed on the basis of its actual 2003 figures on deliveries and direct sales and, if necessary, adjusted by the Commission in accordance with the procedure provided for in Article 42 of Regulation (EC) No 1255/1999.
For the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia a special restructuring reserve shall be established as set out in table g) of the Annex. This reserve shall be released as from 1 April 2006 to the extent that the on-farm consumption of milk and milk products in each of these countries has decreased since 1998 for Estonia and Latvia and 2000 for the Czech Republic, Lithuania, Hungary, Poland, Slovenia and Slovakia. The decision on releasing the reserve and of its distribution to the deliveries and direct sales quota shall be taken by the Commission in accordance with the procedure provided for in Article 42 of Regulation (EC) No 1255/1999 on the basis of an assessment of a report to be submitted by the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia to the Commission by 31 December 2005. This report shall detail the results and trends of the actual restructuring process in the country's dairy sector and, in particular the shift from production for on-farm consumption to production for the market."
(b) In Article 4(1), the following subparagraph is added:
"In the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, the individual reference quantity mentioned above shall be equal to the quantity available on: 31 March 2002 for Hungary, 31 March 2003 for Malta and Lithuania, 31 March 2004 for the Czech Republic, Cyprus, Estonia, Latvia and Slovakia and 31 March 2005 for Poland and Slovenia";
(c) In Article 11, the following subparagraph is added after the second subparagraph:
"However, for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia, the characteristics of the milk considered as representative shall be those of the 2001 calendar year, and the national average representative fat content of the milk delivered shall be set at 4,21% for the Czech Republic, at 4,31% for Estonia, at 3,46% for Cyprus, at 4,07% for Latvia, at 3,99% for Lithuania, at 3,85% for Hungary, at 3,90% for Poland, at 4,13% for Slovenia, and at 3,71% for Slovakia.";
(d) Table (c) in the Annex is replaced by the following:
"(c) Total reference quantities referred to in Article 3(2) as applicable from 1 April 2002 to 31 March 2005. For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the total reference quantities referred to in Article 3(2) are applicable from 1 May 2004 to 31 March 2005.
(tonnes)
Member State
Deliveries
Direct Sales
Belgium
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
Netherlands
Austria
Poland
Portugal 1
Slovenia
Slovakia
Finland
Sweden
United Kingdom
3 188 202,403
2 613 239,000
4 454 709,217
27 769 228,612
537 118,000
699 626,000
6 035 564,833
23 844 318,264
5 386 176,780
10 316 482,000
141 337,000
468 943,000
1 256 440,000
268 554,000
1 782 650,000
48 698,000
11 001 277,000
2 599 130,467
8 500 000,000
1 861 171,000
467 063,000
990 810,000
2 398 275,179
3 300 000,000
14 437 481,500
122 228,597
68 904,000
638,783
95 587,388
87 365,000
887,000
81 385,167
391 479,736
9 587,220
213 578,000
3 863,000
226 452,000
390 499,000
495,000
164 630,000
-
73 415,000
150 270,533
464 017,000
9 290,000
93 361,000
22 506,000
8 685,339
3 000,000
172 265,500
1 Except Madeira
";
(e) Table (d) in the Annex is replaced by the following:
"(d) Total reference quantities referred to in Article 3(2) as applicable from 1 April 2005 to 31 March 2006
(tonnes)
Member State
Deliveries
Direct Sales
Belgium
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
Netherlands
Austria
Poland
Portugal 1.
Slovenia
Slovakia
Finland
Sweden
United Kingdom
3 204 754,403
2 613 239,000
4 476 986,217
27 908 552,612
537 118,000
699 626,000
6 035 564,833
23 965 497,264
5 386 176,780
10 316 482,000
141 337,000
468 943,000
1 256 440,000
269 899,000
1 782 650,000
48 698,000
11 056 650,000
2 612 877,467
8 500 000,000
1 870 533,000
467 063,000
990 810,000
2 410 298,179
3 316 515,000
14 510 431,500
122 228,597
68 904,000
638,783
95 587,388
87 365,000
887,000
81 385,167
391 479,736
9 587,220
213 578,000
3 863,000
226 452,000
390 499,000
495,000
164 630,000
-
73 415,000
150 270,533
464 017,000
9 290,000
93 361,000
22 506,000
8 685,339
3 000,000
172 265,500
1 Except Madeira
";
(f) Table (e) in the Annex is replaced by the following:
"(e) Total reference quantities referred to in Article 3(2) as applicable from 1 April 2006 to 31 March 2007
(tonnes)
Member State
Deliveries
Direct sales
Belgium
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
Netherlands
Austria
Poland
Portugal 1
Slovenia
Slovakia
Finland
Sweden
United Kingdom
3 221 306,403
2 613 239,000
4 499 262,217
28 047 876,612
537 118,000
699 626,000
6 035 564,833
24 086 676,264
5 386 176,780
10 316 482,000
141 337,000
468 943,000
1 256 440,000
271 244,000
1 782 650,000
48 698,000
11 112 024,000
2 626 624,467
8 500 000,000
1 879 896,000
467 063,000
990 810,000
2 422 320,179
3 333 030,000
14 583 381,500
122 228,597
68 904,000
638,783
95 587,388
87 365,000
887,000
81 385,167
391 479,736
9 587,220
213 578,000
3 863,000
226 452,000
390 499,000
495,000
164 630,000
-
73 415,000
150 270,533
464 017,000
9 290,000
93 361,000
22 506,000
8 685,339
3 000,000
172 265,500
1 Except Madeira
";
(g) Table (f) in the Annex is replaced by the following:
"(f) Total reference quantities referred to in Article 3(2) as applicable from 1 April 2007 to 31 March 2008
(tonnes)
Member State
Deliveries
Direct sales
Belgium
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
Netherlands
Austria
Poland
Portugal 1
Slovenia
Slovakia
Finland
Sweden
United Kingdom
3 237 858,403
2 613 239,000
4 521 539,217
28 187 200,612
537 118,000
699 626,000
6 035 564,833
24 207 855,264
5 386 176,780
10 316 482,000
141 337,000
468 943,000
1 256 440,000
272 590,000
1 782 650,000
48 698,000
11 167 397,000
2 640 371,467
8 500 000,000
1 889 258,000
467 063,000
990 810,000
2 434 343,179
3 349 545,000
14 656 332,500
122 228,597
68 904,000
638,783
95 587,388
87 365,000
887,000
81 385,167
391 479,736
9 587,220
213 578,000
3 863,000
226 452,000
390 499,000
495,000
164 630,000
-
73 415,000
150 270,533
464 017,000
9 290,000
93 361,000
22 506,000
8 685,339
3 000,000
172 265,500
1 Except Madeira
";
(h) Table (g) is added in the Annex
"(g) Special restructuring reserve quantities referred to in Article 3(2)
(tonnes)
Member State
Special Restructuring Reserve
Czech Republic
55 788
Estonia
21 885
Latvia
33 253
Lithuania
57 900
Hungary
42 780
Poland
416 126
Slovenia
16 214
Slovakia
27 472
";
14. 31993 R 0404: Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas (OJ L 47, 25.2.1993, p. 1), as amended by:
– 31993 R 3518: Commission Regulation (EC) No 3518/93 of 21.12.1993 (OJ L 320, 22.12.1993, p. 15),
– 31994 R 3290: Council Regulation (EC) No 3290/94 of 22.12.1994 (OJ L 349, 31.12.1994, p. 105),
– 31998 R 1637: Council Regulation (EC) No 1637/98 of 20.7.1998 (OJ L 210, 28.7.1998, p. 28),
– 31999 R 1257: Council Regulation (EC) No 1257/1999 of 17.5.1999 (OJ L 160, 26.6.1999, p. 80),
– 32001 R 0216: Council Regulation (EC) No 216/2001 of 29.1.2001 (OJ L 31, 2.2.2001, p. 2),
– 32001 R 2587: Council Regulation (EC) No 2587/2001 of 19.12.2001 (OJ L 345, 29.12.2001, p. 13).
Article 12(2) is replaced by the following:
"2. The maximum quantity of bananas produced in the Community and marketed for which compensation may be paid shall be fixed at 867 500 tonnes (net weight) to be broken down as follows for each producer region in the Community:
1. 420 000 tonnes for the Canary Islands,
2. 150 000 tonnes for Guadeloupe,
3. 219 000 tonnes for Martinique,
4. 50 000 tonnes for Madeira, the Azores and the Algarve,
5. 15 000 tonnes for Crete and Lakonia,
6. 13 500 tonnes for Cyprus.
Subject to the maximum quantity for the Community, the quantity for each region may be adjusted."
15. 31994 R 1868: Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch (OJ L 197, 30.7.1994, p. 4), as amended by:
– 31995 R 1664: Commission Regulation (EC) No 1664/95 of 7.7.1995 (OJ L 158, 8.7.1995, p. 13),
– 31995 R 1863: Council Regulation (EC) No 1863/95 of 17.7.1995 (OJ L 179, 29.7.1995, p. 1),
– 31998 R 1284: Council Regulation (EC) No 1284/98 of 16.6.1998 (OJ L 178, 23.6.1998, p. 3),
– 31999 R 1252: Council Regulation (EC) No 1252/1999 of 17.5.1999 (OJ L 160, 26.6.1999, p. 15),
– 32000 R 0962: Council Regulation (EC) No 962/2002 of 27.5.2002 (OJ L 149, 7.6.2002, p. 1).
(a) In Article 2, paragraphs 3 and 4 are added:
"3. The potato starch producer Member States listed below are hereby allocated the following quotas for the 2004/2005 marketing year:
(tonnes)
Czech Republic
33 660
Estonia
250
Latvia
5 778
Lithuania
1 211
Poland
144 985
Slovakia
729
Total
186 613
4. Each producer Member State shall allocate the quota referred to in paragraph 3 between undertakings producing potato starch, for use in the marketing year 2004/2005, in particular on the basis of the average amount of potato starch produced by them in the period 1999-2001 for the Czech Republic, Estonia, Latvia, Poland, Slovakia, 1998-2000 for Lithuania, and taking into account irreversible investments made by those undertakings prior to 1 February 2002.";
(b) Article 4 is replaced by the following:
"Article 4
An undertaking producing potato starch shall not conclude cultivation contracts with potato producers for a quantity of potatoes which would produce a quantity of starch in excess of its quota, referred to in Article 2(2) or 2(4).";
(c) Article 5 is replaced by the following:
"Article 5
A premium of EUR 22,25 per tonne of starch produced shall be paid to undertakings producing potato starch for the quantity of potato starch up to the quota limit referred to in Article 2(2) or 2(4), provided that they have paid to potato producers the minimum price, referred to in Article 8(1) of Regulation (EEC) No 1766/92 (*), for all the potatoes necessary to produce starch up to that quota limit.";
(d) Article 6(1) is replaced by the following:
"1. Any potato starch produced in excess of the quota referred to in Article 2(2) or 2(4) shall be exported, as such, from the Community before 1 January following the end of the marketing year in question.
No export refund shall be paid in respect of it.";
16. 31995 R 0603: Council Regulation (EC) No 603/95 of 21 February 1995 on the common organisation of the market in dried fodder (OJ L 63, 21.3.1995, p. 1), as amended by:
– 31995 R 0684: Council Regulation (EC) No 684/95 of 27.3.1995 (OJ L 71, 31.3.1995, p. 3),
– 31995 R 1347: Council Regulation (EC) No 1347/95 of 9.6.1995 (OJ L 131, 15.6.1995, p. 1).
(a) Article 4(1) is replaced by the following:
"1. A Maximum Guaranteed Quantity (MGQ) per marketing year of 4 517 223 tonnes of dehydrated fodder for which the aid referred to in Article 3(2) may be granted is hereby established.";
(b) In Article 4(2) the table is replaced by the following:
"National Guaranteed Quantity (NGQ)
(tonnes)
BLEU 8 000
Czech Republic 27 942
Denmark 334 000
Germany 421 000
Greece 32 000
Spain 1 224 000
France 1 455 000
Ireland 5 000
Italy 523 000
Lithuania 650
Hungary 49 593
Netherlands 285 000
Austria 4 400
Poland 13 538
Portugal 5 000
Slovakia 13 100
Finland 3 000
Sweden 11 000
United Kingdom 102 000".
17. 31995 R 3072: Council Regulation (EEC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (OJ L 329, 30.12.1995, p. 18), as amended by:
– 31998 R 0192: Council Regulation (EC) No 192/98 of 20.1.1998 (OJ L 20, 27.1.1998, p. 16),
– 31998 R 2072: Council Regulation (EC) No 2072/98 of 28.9.1998 (OJ L 265, 30.9.1998, p. 4),
– 32000 R 1528: Commission Regulation (EC) No 1528/2000 of 13.7.2000 (OJ L 175, 14.7.2000, p. 64),
– 32000 R 1667: Council Regulation (EC) No 1667/2000 of 17.7.2000 (OJ L 193, 29.7.2000, p. 3),
– 32001 R 1987: Council Regulation (EC) No 1987/2001 of 8.10.2001 (OJ L 271, 12.10.2001, p. 5),
– 32002 R 0411: Commission Regulation (EC) No 411/2002 of 4.3.2002 (OJ L 62, 5.3.2002, p. 27).
(a) In Article 6(3), the table is replaced by the following:
" (EUR/ha)
1999/2000 and after
Spain
334,33
Hungary
163,215
France
– metropolitan territory
– French Guyana
289,05
395,40
Greece
– departments of Thessaloniki, Serres, Kavala, Aitolia- Akarnania and Fthiotida
– other departments
393,82
393,82
Italy
318,01
Portugal
318,53
";
(b) Article 6(4) is replaced by the following:
"4. A national base area for each producer Member State is hereby established. However for France and Greece two base areas are established. The base areas shall be as follows:
Spain: 104 973 ha
Hungary: 3 222 ha
France:
– metropolitan territory 24 500 ha
– French Guyana 5 500 ha
Greece:
– departments of Thessaloniki, Serres, Kavala,
Aitolia, Akarnania and Fthiotida 22 330 ha
– other departments 2 561 ha
Italy: 239 259 ha
Portugal: 34 000 ha"
18. 31996 R 1107: Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 (OJ L 148, 21.6.1996, p. 1), as amended by:
– 31996 R 1263: Commission Regulation (EC) No 1263/96 of 1.7.1996 (OJ L 163, 2.7.1996, p. 19),
– 31997 R 0123: Commission Regulation (EC) No 123/97 of 23.1.1997 (OJ L 22, 24.1.1997, p. 19),
– 31997 R 1065: Commission Regulation (EC) No 1065/97 of 12.6.1997 (OJ L 156, 13.6.1997, p. 5),
– 31997 R 2325: Commission Regulation (EC) No 2325/97 of 24.11.1997 (OJ L 322, 25.11.1997, p. 33),
– 31998 R 0134: Commission Regulation (EC) No 134/98 of 20.1.1998 (OJ L 15, 21.1.1998, p. 6),
– 31998 R 0644: Commission Regulation (EC) No 644/98 of 20.3.1998 (OJ L 87, 21.3.1998, p. 8),
– 31998 R 1549: Commission Regulation (EC) No 1549/98 of 17.7.1998 (OJ L 202, 18.7.1998, p. 25),
– 31999 R 0083: Commission Regulation (EC) No 83/1999 of 13.1.1999 (OJ L 8, 14.1.1999, p. 17),
– 31999 R 0590: Commission Regulation (EC) No 590/1999 of 18.3.1999 (OJ L 74, 19.3.1999, p. 8),
– 31999 R 1070: Commission Regulation (EC) No 1070/1999 of 25.5.1999 (OJ L 130, 26.5.1999, p. 18),
– 32000 R 0813: Council Regulation (EC) No 813/2000 of 17.4.2000 (OJ L 100, 20.4.2000, p. 5),
– 32000 R 2703: Commission Regulation (EC) No 2703/2000 of 11.12.2000 (OJ L 311, 12.12.2000, p. 25),
– 32001 R 0913: Commission Regulation (EC) No 913/2001 of 10.5.2001 (OJ L 129, 11.5.2001, p. 8),
– 32001 R 1347: Council Regulation (EC) No 1347/2001 of 28.6.2001 (OJ L 182, 5.7.2001, p. 3),
– 32001 R 1778: Commission Regulation (EC) No 1778/2001 of 7.9.2001 (OJ L 240, 8.9.2001, p. 6),
– 32002 R 0564: Commission Regulation (EC) No 564/2002 of 2.4.2002 (OJ L 86, 3.4.2002, p. 7),
– 32002 R 1829: Commission Regulation (EC) No 1829/2002 of 14.10.2002 (OJ L 277, 15.10.2002, p. 10).
(a) In Article 1, the following subparagraph is added:
"The names "Budějovické pivo", "Českobudějovické pivo" and "Budějovický měšťanský var " shall be registered as protected geographical indications (PGI) and listed in the Annex in accordance with specifications submitted to the Commission. This is without prejudice to any beer trademark or other rights existing in the European Union on the date of accession."
(b) In the Annex, Part B, the following is inserted under the heading "Beer":
"CZECH REPUBLIC:
– Budějovické pivo (PGI)
– Českobudějovické pivo (PGI)
– Budějovický měšťanský var (PGI)".
19. 31996 R 1577: Council Regulation (EC) No 1577/96 of 30 July 1996 introducing a specific measure in respect of certain grain legumes (OJ L 206, 16.8.1996, p. 4), as amended by:
– 31997 R 1826: Commission Regulation (EC) No 1826/97 of 22.9.1997 (OJ L 260, 23.9.1997, p. 11),
– 32000 R 0811: Council Regulation (EC) No 811/2000 of 17.4.2000 (OJ L 100, 20.4.2000, p. 1).
Article 3(2) is replaced by the following:
"2. The maximum guaranteed areas shall be fixed at 162 529 hectares for lentils and chickpeas, and 259 473 hectares for the vetches referred to in point (c) of Article 1. Where a maximum area is not reached during a marketing year, the unused balance shall be reallocated to the other maximum guaranteed area for that marketing year before an overrun occurs.".
20. 31996 R 2201: Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (OJ L 297, 21.11.1996, p. 29) as amended by:
– 31997 R 2199: Council Regulation (EC) No 2199/97 of 30.10.1997 (OJ L 303, 6.11.1997, p. 1),
– 31999 R 2701: Council Regulation (EC) No 2701/1999 of 14.12.1999 (OJ L 327, 21.12.1999, p. 5),
– 32000 R 2699: Council Regulation (EC) No 2699/2000 of 4.12.2000 (OJ L 311, 12.12.2000, p. 9),
– 32001 R 1239: Council Regulation (EC) No 1239/2001 of 19.6.2001 (OJ L 171, 26.6.2001, p. 1),
– 32002 R 0453: Commission Regulation (EC) No 453/2002 of 13.3.2002 (OJ L 72, 14.3.2002, p. 9).
(a) In Article 7(2) the following sub-paragraph is added:
"For Cyprus the marketing years 1995/96, 1996/97 and 1999/2000 are the reference years for establishing the maximum guaranteed Community area referred to in the first sub-paragraph.";
(b) In Article 9(1) the second sub-paragraph is replaced by the following:
"The quantities of sultanas and currants bought in under paragraph 2 may not exceed 27 930 tonnes.";
(c) Annex III is replaced by the following:
"ANNEX III
Processing thresholds referred to in Article 5
Net weight fresh product
(in tonnes)
Tomatoes
Peaches
Pears
Community thresholds
8 653 328
542 062
105 659
National thresholds
Czech Republic
12 000
1 287 11
Greece
1 211 241
300 000 5 155
Spain
1 238 606
180 794 35 199
France
401 608
15 685 17 703
Italy
4 350 000
42 309 45 708
Cyprus
7 944
6 n.r.
Latvia
n.r.
n.r. n.r.
Hungary
130 790
1 616 1 031
Malta
27 000
n.r. n.r.
Netherlands
n.r.
n.r. 243
Austria
n.r.
n.r. 9
Poland
194 639
n.r. n.r.
Portugal
1 050 000
218 600
Slovakia
29 500
147 n.r.
n.r. = not relevant
".
21. 31996 R 2202: Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruits (OJ L 297, 21.11.1996, p. 49), as amended by:
– 31999 R 0858: Council Regulation (EC) No 858/1999 of 22.4.1999 (OJ L 108, 27.4.1999, p. 8),
– 32000 R 2699: Council Regulation (EC) No 2699/2000 of 4.12.2000 (OJ L 311, 12.12.2000, p. 9).
Annex II is replaced by the following:
"ANNEX II
Processing thresholds referred to in Article 5
Net weight fresh product
(in tonnes)
Oranges
Lemons
Grapefruit
Small citrus fruit
Community thresholds
1 518 982
513 650
22 000
390 000
National thresholds
Greece
280 000
27 976 799 5 217
Spain
600 467
192 198 1 919 270 186
France
n.r.
n.r. 61 445
Italy
599 769
290 426 3 221 106 428
Cyprus
18 746
3 050 16 000 6 000
Portugal
20 000
n.r. n.r. 1 724
n.r. = not relevant
".
22. 31998 R 1638: Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common organisation of the market in oils and fats (OJ L 210, 28.7.1998, p. 32), as amended by:
– 32001 R 1513: Council Regulation (EC) No 1513/2001 of 23.7.2001 (OJ L 201, 26.7.2001, p. 4).
(a) In Article 2(1), the following sub-paragraph is added:
"Cyprus, Malta and Slovenia shall introduce the GIS by 1 January 2005 at the latest.";
(b) In Article 4, the first paragraph is replaced by the following:
"No aid under the common organisation of the market in oils and fats in force from 1 November 2001 may be paid to olive growers in respect of additional olive trees or the relevant areas planted after 1 May 1998 for the Community except for Cyprus and Malta, for which the date shall be 31 December 2001, and those not covered by a cultivation declaration at a date to be determined.".
23. 31999 R 1251: Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops (OJ L 160, 26.6.1999, p. 1), as amended by:
– 31999 R 2704: Council Regulation (EC) No 2704/1999 of 14.12.1999 (OJ L 327, 21.12.1999, p. 12),
– 32000 R 1672: Council Regulation (EC) No 1672/2000 of 27.7.2000 (OJ L 193, 29.7.2000, p. 13),
– 32001 R 1038: Council Regulation (EC) No 1038/2001 of 22.5.2001 (OJ L 145, 31.5.2001, p. 16).
(a) In Article 2(2), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, the regional base areas shall be established as the average number of hectares within a region down to arable crops during a consecutive three-year period within the period 1997-2001. The total of the regional base areas for each of these Member States shall not exceed the base areas mentioned in Annex VI.";
(b) In Article 3(5), the following subparagraph is added
"– the Czech Republic, Cyprus, Estonia, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia by fixing the reference yields at the levels mentioned in Annex VI.";
(c) In Article 3(7), the words "… or, in the case of Italy and Spain the yield as fixed in Article 3(5) is exceeded …", are replaced by the following:
"… or, in the case of Cyprus, the Czech Republic, Estonia, Hungary, Italy, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, and Spain the yield as fixed in Article 3(5) is exceeded …";
(d) In Article 7, the following subparagraph is inserted between the first and the second subparagraphs:
"For Latvia, Lithuania, Hungary, Malta, Poland, and Slovenia, applications for payments may not be made in respect of land which, on 31 December 2000, was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes. For Slovakia applications for payments may not be made in respect of land which, on 31 December 2001 was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes. For Estonia applications for payments may not be made in respect of land which, on 1 October 2002 was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes. For the Czech Republic applications for payments may not be made in respect of land which, on 30 November 2002 was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes. For Cyprus applications for payments may not be made in respect of land which on 1 December 2002, was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes.";
(e) In Article 7, the third and fourth subparagraphs are replaced by the following:
"Member States may also depart from the provisions of the first and second sub-paragraphs under certain specific circumstances relating to one or other form of public intervention where such intervention results in a farmer growing crops on land previously regarded as ineligible in order to continue his normal agricultural activity and the intervention in question means that land originally eligible ceases to be so with the result that the total amount of eligible land is not increased significantly.
Moreover, Member States may, in certain cases not covered by the previous two subparagraphs, depart from the first and second subparagraphs if they provide proof in a plan submitted to the Commission that the total amount of eligible land remains unchanged.";
(f) In Annex II, the following is added:
"CYPRUS
HUNGARY";
(g) Annex III is replaced by the following:
"ANNEX III
MAXIMUM GUARANTEED AREAS IN RECEIPT OF THE SUPPLEMENT TO THE AREA PAYMENT FOR DURUM WHEAT
(hectares)
Greece
617 000
Spain
594 000
France
208 000
Italy
1 646 000
Cyprus
6 183
Austria
7 000
Portugal
118 000
Hungary 2 500
"
(h) Annex IV is replaced by the following :
"ANNEX IV
MAXIMUM GUARANTEED AREAS IN RECEIPT OF THE SPECIAL AID
FOR DURUM WHEAT
(hectares)
Germany
10 000
Spain
4 000
France
50 000
Italy
4 000
Hungary
4 305
Slovakia
4 717
United Kingdom
5 000
"
(i) The following Annex is added:
"ANNEX VI
National base areas and reference yields in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
base area
Reference yield
(hectares)
(tonnes per hectare)
Czech Republic
2 253 598
4,20
Estonia
362 827
2,40
Cyprus
79 004
2,30
Latvia
443 580
2,50
Lithuania
1 146 633
2,70
Hungary
3 487 792
4,73
Malta
4 565
2,02
Poland
9 454 671
3,00
Slovenia
125 171
5,27
Slovakia
1 003 453
4,06
"
24. 31999 R 1254: Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (OJ L 160, 26.6.1999, p. 21), as amended by:
– 32001 R 1455: Council Regulation (EC) No 1455/2001 of 28.6.2001 (OJ L 198, 21.7.2001, p. 58),
– 32001 R 1512: Council Regulation (EC) No 1512/2001 of 23.7.2001 (OJ L 201, 26.7.2001, p. 1),
– 32001 R 2345: Commission Regulation (EC) No 2345/2001 of 30.11.2001 (OJ L 315, 1.1.2001, p. 29).
(a) Article 7(2) is replaced by the following:
"2. Member States shall take the necessary steps to ensure that, from 1 January 2000, the sum of the premium rights on their territory does not exceed the national ceilings set out in Annex II and that the national reserves referred to in Article 9 may be set up. The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall allocate individual ceilings to producers and shall set up the national reserves from the overall number of rights to the premium reserved for each of these Member States as set out in Annex II, no later than one year after the date of accession.";
(b) In Article 11(3), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the national ceilings shall be those contained in the following table.
Slaughter premium:
Bulls, steers, cows and heifers
Calves more than 1 and less than 7 months old and of carcass weight less than 160 kg
Czech Republic
483 382
27 380
Estonia
107 813
30 000
Cyprus
21 000
-
Latvia
124 320
53 280
Lithuania
367 484
244 200
Hungary
141 559
94 439
Malta
6 002
17
Poland
1 815 430
839 518
Slovenia
161 137
35 852
Slovakia
204 062
62 841
"
(c) In Article 16(1) first subparagraph, the following indent is added:
"– for the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia: equal to the ceilings set out in Annex I or equal to the average number of slaughterings of male bovine animals during the years 2001, 2002 and 2003 deriving from Eurostat statistics for these years or any other published official statistical information for these years accepted by the Commission.";
(d) In Article 16(4), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the reference years shall be 2001, 2002 and 2003.";
(e) In Article 17(2), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the reference years shall be 1999, 2000 and 2001".
(f) After Article 17, the following Article is inserted:
"Article 17a
The global amounts referred to in Article 14(1) and the maximum area payment per hectare at EUR 350 referred to in Article 17(3) shall be applied in accordance with the schedule of increments as set out in Article 1a of Council Regulation (EC) No 1259/1999.";
(g) Annex I is replaced by the following:
"ANNEX I
SPECIAL PREMIUM
Regional ceilings of the Member States referred to in Article 4(4)
Belgium
235 149
Czech Republic
244 349
Denmark
277 110
Germany
1 782 700
Estonia
18 800
Greece
143 134
Spain
713 999 1
France
1 754 732 2
Ireland
1 077 458
Italy
598 746
Cyprus
12 000
Latvia
70 200
Lithuania
150 000
Luxembourg
18 962
Hungary
94 620
Malta
3 201
Netherlands
157 932
Austria
423 400
Poland
926 000
Portugal
175 075 3
Slovenia
92 276
Slovakia
78 348
Finland
250 000
Sweden
250 000
United Kingdom
1 419 811 4
___________________________
1 Without prejudice to the specific rules laid down in Council Regulation (EC) No 1454/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican).
2 Without prejudice to the specific rules laid down in Council Regulation (EC) No 1452/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the French overseas departments, amending Directive 72/462/EEC and repealing Regulations (EEC) No 525/77 and (EEC) No 3763/91 (Poseidom).
3 Without prejudice to the specific rules laid down in Council Regulation (EC) No 1453/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima). Excluding the extensification programme provided for in Council Regulation (EC) No 1017/94 of 26 April 1994 concerning the conversion of land currently under arable crops to extensive livestock farming in Portugal (OJ L 112, 3.5.1994, p. 2). Regulation as last amended by Regulation (EC) No 2582/2001 (OJ L 345, 29.12.2001 p. 5)
4 This ceiling is increased temporarily by 100 000 head to 1 519 811 head until such time as live animals under six months of age can be exported.".
(h) Annex II is replaced by the following:
"ANNEX II
SUCKLER COW PREMIUM
National ceilings referred to in Article 7(2) applicable from 1 January 2000
Belgium
394 253
Czech Republic *
90 300
Denmark
112 932
Germany
639 535
Estonia *
13 416
Greece
138 005
Spain 1
1 441 539
France 2
3 779 866
Ireland
1 102 620
Italy
621 611
Cyprus *
500
Latvia *
19 368
Lithuania *
47 232
Luxembourg
18 537
Hungary *
117 000
Malta *
454
Netherlands
63 236
Austria
325 000
Poland *
325 581
Portugal 3
277 539
Slovenia *
86 384
Slovakia *
28 080
Finland
55 000
Sweden
155 000
United Kingdom
1 699 511
* Applicable from the date of accession.
1 Excluding the specific ceiling provided for in Article 5(3) of Regulation (EC) No 1454/2001 and the specific reserve provided for in Article 2 of Regulation (EC) No 1017/94.
2 Excluding the specific ceiling provided for in Article 9(4)(b) of Regulation (EC) No 1452/2001.
3 Excluding the specific ceiling provided for in Article 13(3) and Article 22(3) respectively of Regulation (EC) No 1453/2001.".
(i) Annex IV is replaced by the following:
"ANNEX IV
ADDITIONAL PAYMENTS
Global amounts referred to in Article 14
(expressed in millions of euro)
2002 and subsequent years
Belgium
39,4
Czech Republic
8,776017
Denmark
11,8
Germany
88,4
Estonia
1,13451
Greece
3,8
Spain
33,1
France
93,4
Ireland
31,4
Italy
65,6
Cyprus
0,308945
Latvia
1,33068
Lithuania
4,942267
Luxembourg
3,4
Hungary
2,936076
Malta
0,0637
Netherlands
25,3
Austria
12,0
Poland
27,3
Portugal
6,2
Slovenia
2,964780
Slovakia
4,500535
Finland
6,2
Sweden
9,2
United Kingdom
63,8
".
25. 31999 R 1255: Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (OJ L 160, 26.6.1999, p. 48), as amended by:
– 32000 R 0999: Commission Regulation (EC) No 999/2000 of 12.5.2000 (OJ L 114, 13.5.2000, p. 9),
– 32000 R 1040: Council Regulation (EC) No 1040/2000 of 16.5.2000 (OJ L 118, 19.5.2000, p. 1),
– 32000 R 1526: Commission Regulation (EC) No 1526/2000 of 13.7.2000 (OJ L 175, 14.7.2000, p. 55),
– 32000 R 1670: Council Regulation (EC) No 1670/2000 of 20.7.2000 (OJ L 193, 29.7.2000, p. 10),
– 32002 R 0509: Commission Regulation (EC) No 509/2002 of 21.3.2002 (OJ L 79, 22.3.2002, p. 15).
(a) In Article 16(3), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia the 12 month period referred to in the preceding subparagraph shall be that of 2004/2005.";
(b) After Article 19, the following Article is inserted:
"Article 19a
The global amounts referred to in Article 17(1), the total amounts of dairy premium and premium supplement referred to in Article 18(2) and the maximum area payment per hectare of EUR 350 referred to in Article 19(3) shall be applied in accordance with the schedule of increments as set out in Article 1a of Council Regulation (EC) No 1259/1999.";
(c) Annex I is replaced by the following:
"ANNEX I
ADDITIONAL PAYMENTS: GLOBAL AMOUNTS REFERRED TO IN ARTICLE 17
(expressed in EUR million)
2005
2006
2007 and subsequent calendar years
Belgium
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
Netherlands
Austria
Poland
Portugal
Slovenia
Slovakia
Finland
Sweden
United Kingdom
8,6
6,9
11,5
72,0
1,6
1,6
14,4
62,6
13,6
25,7
0,4
1,8
4,25
0,7
5,0
0,13
28,6
7,1
23,1
4,8
1,45
2,6
6,2
8,5
37,7
17,1
13,87
23,0
144,0
3,2
3,3
28,7
125,3
27,1
51,3
0,75
3,6
8,5
1,4
10,1
0,25
57,2
14,2
46,3
9,7
2,9
5,2
12,4
17,1
75,4
25,7
20,8
34,5
216,0
4,85
4,9
43,1
187,9
40,7
77,0
1,1
5,4
12,8
2,1
15,1
0,38
85,8
21,3
69,6
14,5
4,35
7,9
18,6
25,6
113,1
".
26. 31999 R 1257: Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ L 160, 26.6.1999, p. 80).
1. The following Chapter is inserted after Chapter IX of Title II:
"CHAPTER IXa
SPECIFIC MEASURES FOR THE NEW MEMBER STATES
SUBCHAPTER I
ADDITIONAL SUPPORT APPLICABLE TO ALL NEW MEMBER STATES
ARTICLE 33a
General provisions
This Subchapter lays down the conditions under which temporary additional support complementary to that under Chapters I to IX shall be granted for transitional rural development measures in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as "the new Member States") to address the specific needs of the new Member States during the programming period 2004-2006.
ARTICLE 33b
Support for semi-subsistence farms undergoing restructuring
1. Support for semi-subsistence farms undergoing restructuring shall contribute to the following objectives:
(a) to help ease rural transition problems as the agricultural sector and rural economy of the new Member States are exposed to the competitive pressure of the single market;
(b) to facilitate and encourage the restructuring of farms not yet economically viable.
For the purpose of this Article, "semi-subsistence farms" shall mean farms which primarily produce for their own consumption, but also market a proportion of their output.
2. To benefit from the support, the farmer must present a business plan which:
(a) demonstrates the future economic viability of the farm;
(b) contains details of investments required;
(c) describes specific milestones and targets.
3. Compliance with the business plan referred to in paragraph 2 shall be reviewed after three years. If the objectives set out in the plan have not been achieved by the time of the three-year review, no further support shall be granted, but there will be no requirement to repay monies already received.
4. Support shall be paid annually in the form of flat rate aid up to the maximum eligible amount specified in Annex II and for a period not exceeding five years.
ARTICLE 33c
Support for compliance with Community standards
1. Support may be granted to help farmers in the new Member States to adapt to standards established by the Community in the fields of the environment; public, animal and plant health; animal welfare and occupational safety until such time as the required standard is due to be met.
2. Farmers shall be entitled to the support if they:
(a) benefit from support for investment in accordance with Chapter I, which will result in the relevant standard being met; or
(b) supply a plan of the upgrading and/or alterations in husbandry practices required to comply with the relevant minimum standards which is prepared or certified by a person with recognised expertise.
Support shall only be available to farmers who can demonstrate that their agricultural holding is economically viable or will be economically viable at the end of the support.
3. Support shall be granted annually on a degressive basis, reducing to zero in equal steps. It shall be paid until such time as the standard is due to be met and for no more than 5 years.
Payment shall be fixed at a level which avoids overcompensation. When determining the level of annual support, account shall be taken of income forgone and the costs related to additional investments and workload.
The maximum amount eligible for Community support for the first year is laid down in Annex II. If the support cannot be calculated on an area basis, another appropriate amount may be established in the framework of the programming process.
ARTICLE 33d
Producer groups
1. Flat-rate support shall be granted in order to facilitate the establishment and administrative operation of producer groups which have as their objectives:
(a) adapting the production and output of the producers who are members of such groups to market requirements;
(b) jointly placing goods on the market, including preparation for sale, the centralisation of sales and supply to bulk buyers; and
(c) establishing common rules on production information, with particular regard to harvesting and availability.
2. The support shall be granted only to producer groups which are formally recognised by the competent authorities of the new Member State between the date of accession and the end of the programming period on the basis of either national or Community law.
3. The support shall be granted in annual instalments for the first five years following the date on which the producer group was recognised. It shall be calculated on the basis of the group's annual marketed production and shall not exceed:
(a) 5%, 5%, 4%, 3% and 2% of the value of the production up to EUR 1 000 000 marketed respectively in the first, second, third, fourth and fifth year, and
(b) 2,5%, 2,5%, 2,0%, 1,5% and 1,5% of the value of the production exceeding EUR 1 000 000 marketed respectively in the first, second, third, fourth and fifth year.
In any case, support shall not exceed the maximum eligible amounts laid down in Annex II.
In the case of Malta, a minimum aid for a sector of production where the total output is extremely small may be established. The sector concerned and the aid level shall be determined by the Commission.
ARTICLE 33e
Technical assistance
1. Support may be granted for the preparation, monitoring, evaluation and control measures which are necessary for the implementation of the rural development programming documents.
2. The measures referred to in paragraph 1 shall include in particular:
(a) studies;
(b) measures of technical assistance, the exchange of experience and information aimed at partners, beneficiaries and the general public;
(c) installation, operation and interconnection of computerised systems for management, monitoring and evaluation;
(d) improvements in evaluation methods and exchange of information on practice in this field.
ARTICLE 33f
Leader+ type measures
1. Support may be granted for measures which are related to the acquisition of skills intended to prepare rural communities to conceive and implement local rural development strategies.
These measures may include, in particular:
(a) technical support for studies of the local area, and territory diagnosis taking into account the wishes expressed by the population concerned;
(b) information and training of the population to encourage an active participation in the development process;
(c) building representative local development partnerships;
(d) drawing up integrated development strategies;
(e) financing research and preparing application for support.
2. Support may be granted for the adoption of integrated territorial rural development strategies, of a pilot nature, prepared by local action groups in accordance with the principles laid down in items 12 and 14 of the Commission Notice to the Member States of 14 April 2000 laying down guidelines for the Community initiative for rural development (Leader +) *. This support shall be limited to regions where there is already sufficient administrative capacity and experience of local rural development type approaches.
3. The local action groups referred to in paragraph 2 may be eligible to participate in inter-territorial and transnational cooperation actions in accordance with the principles laid down in items 15 to 18 of the Commission Notice referred to in paragraph 2.
4. The new Member States and local action groups shall be given access to the Observatory of Rural Areas provided for in point 23 of the Commission Notice referred to in paragraph 2.
ARTICLE 33g
Farm advisory and extension services
In addition to the measure provided for in the third indent of Article 33, support shall be granted for the provision of farm advisory and extension services.
ARTICLE 33h
Complements to direct payments
1. As a temporary and sui generis provision support may be granted to farmers eligible for complementary national direct payments or aids under Article 1c of Regulation (EC) No 1259/1999 ** during the 2004-2006 period only.
2. The support granted to a farmer in respect of the years 2004, 2005, 2006 shall not exceed the difference between:
(a) the level of direct payments applicable in the new Member States for the year concerned in accordance with Article 1a of Regulation (EC) No 1259/1999 or Article 1b(2) of that Regulation; and
(b) 40% of the level of direct payments applicable in the Community as constituted on 30 April 2004 in the relevant year.
3. The Community contribution to support granted under this Article in a new Member State in respect of each of the years 2004, 2005 and 2006 shall not exceed 20% of its respective annual allocation. However, a new Member State may replace this 20% annual rate with the following rates: 25% for 2004, 20% for 2005 and 15% for 2006.
4. Support granted to a farmer under this Article shall be counted:
(a) in the case of Cyprus, as complementary national direct aid for the purposes of applying the total amounts referred to in Article 1c(3) of Regulation (EC) No 1259/1999;
(b) in the case of any other new Member State, as complementary national direct payments or aids, as applicable, for the purposes of applying the maximum levels set out in Article 1c(2) of Regulation (EC) No 1259/1999.
SUBCHAPTER II
ADDITIONAL SUPPORT APPLICABLE TO MALTA
ARTICLE 33i
Complements to State aid in Malta
1. In Malta, support may be granted to the beneficiaries of special temporary State aid under the Special Market Policy Programme for Maltese Agriculture (SMPPMA) provided for in Annex XI, Chapter 4 on Agriculture, Section A, point 1 to this Act.
2. By way of derogation from Article 33h(3), the total Community contribution to support granted in Malta under this Article and Article 33h in respect of each of the years 2004, 2005 and 2006 shall not exceed 20% of that year's annual allocation. However, Malta may replace this 20% annual rate with the following rates: 25% for 2004, 20% for 2005 and 15% for 2006.
3. Support granted under this Article shall be counted as special temporary State aid under the SMPPMA for the purposes of applying the maximum amounts set out in that programme.
ARTICLE 33j
Full-time farmers in Malta
Specific temporary support shall be granted to full-time farmers to enable them to adapt to the changes in the market environment resulting from the dismantling of levies upon accession.
Support shall be paid annually on a degressive basis for a period not exceeding five years. Three types of payment shall be envisaged:
(a) payment per hectare for irrigated land;
(b) payment per hectare for non-irrigated land;
(c) payment per livestock unit for livestock farm.
Payment shall be established in relation to the expected drop in farm income due to the dismantling of levies, and consequent falls in prices for agricultural produce. Payment shall be fixed at a level which avoids overcompensation, in particular in relation to product-specific State aid under the SMPPMA.
Maximum eligible amounts per agricultural holding for the three categories of payments shall be adopted by the Commission.
SUBCHAPTER III
DEROGATIONS
ARTICLE 33k
General provisions
This Subchapter lays down the cases in which the new Member States may derogate from the eligibility criteria set for the measures defined in Chapters I, IV, V and VII.
ARTICLE 33l
Derogations applicable to all new Member States
1. By way of derogation from the first indent of Article 5, support for investment shall be granted to agricultural holdings for which economic viability at the end of the realisation of the investment can be demonstrated.
2. By way of derogation from the second subparagraph of Article 7, the total amount of support for investment in agricultural holdings, expressed as a percentage of the volume of eligible investment, shall be limited to a maximum of 50% and, in less favoured areas, 60%. Where investments are undertaken by young farmers, as referred to in Chapter II, these percentages may reach a maximum of 55% and, in less-favoured areas, 65%.
3. By way of derogation from the second indent of Article 26(1), support for investment shall be granted to enterprises which have been granted a transitional period after accession in order to meet the minimum standards regarding the environment, hygiene and animal welfare. In this case, the enterprise shall comply with the relevant standards by the end of the specified transitional period or the end of the investment period, whichever is the earlier.
4. By way of derogation from Article 29(5), the classification of areas at risk of forest fires shall be submitted as part of the rural development plan.
ARTICLE 33m
Derogations applicable to individual new Member States
1. By way of derogation from the second indent of Article 11(1), farmers in Lithuania who have been allocated a milk quota, shall be eligible for the early retirement scheme on condition that they are less than 70 years old at the time of the transfer.
The amount of support shall be subject to the maximum amounts set out in Annex I to this Regulation and shall be calculated in relation to the size of the milk quota and the total farming activity on the holding.
Milk quotas allocated to a transferor shall be returned to the national milk quota reserve with no additional compensation payment.
2. By way of derogation from Article 21, Malta may exceed the limit of 10% laid down for the total extent of the areas referred to in Article 20.
By way of derogation from Article 24(2), the maximum amounts per year eligible for Community support laid down in Annex I may be increased in the case of the measure to maintain and preserve rubble walls in Malta. The maximum amount per hectare payable under this derogation shall be established by the Commission.
3. By way of derogation from Article 31(1), support may be granted by Estonia for the afforestation of abandoned agricultural land on condition that such land has been in use within the previous five years. In this case, such support may only include, in addition to planting costs, the annual premium per hectare provided for in the first indent of the second subparagraph of Article 31(1).
* OJ C 139, 18.5.2000, p. 5.
** Regulation (EC) No 1259/1999 establishing common rules for direct support schemes under the common agricultural policy (OJ L 160, 26.6.1999, p. 113). Regulation as amended by Regulation (EC) No 1244/2001 (OJ L 173, 27.6.2001, p. 1)".
2. In Article 34, the following indent is inserted at the end of the second subparagraph:
"– conditions governing specific measures for the new Member States (Chapter IXa)"
3. In Article 42, the following paragraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, rural development plans shall cover a period of three years from 1 January 2004."
4. In Article 44(1), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, rural development plans shall be submitted not later than six months after the date of accession."
5. In Article 44(2), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, the Commission shall approve rural development programming documents in accordance with the procedure referred to in Article 50(2) of Regulation (EC) No 1260/1999 within six months after the submission of the plans to the extent that the end of the six month period is after the date of accession."
6. The following Chapter is inserted after Chapter IV of Title III:
"CHAPTER IVa
SPECIFIC PROVISIONS FOR THE NEW MEMBER STATES
ARTICLE 47a
1. Community support granted in the new Member States for:
(a) measures referred to in Article 35(1) and in the second indent of Article 35(2);
(b) semi-subsistence farms (Article 33b);
(c) compliance with Community standards (Article 33c);
(d) producer groups (Article 33d);
(e) technical assistance (Article 33e);
(f) complements to direct payments (Article 33h);
(g) complements to State aid in Malta (Article 33i);
(h) full-time farmers in Malta (Article 33j);
shall be financed by the EAGGF Guarantee Section in accordance with the provisions laid down in this Chapter.
2. Community support granted for Leader+ type measures (Article 33f) in areas covered by Objective 2 shall be financed by the EAGGF Guidance Section.
3. The following provisions shall not apply:
(a) Articles 149 to 153 of Council Regulation (EC) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities *;
(b) Articles 35(1), 35(2), second indent, 36(2) and 47 of this Regulation.
ARTICLE 47b
1. The Community shall contribute to financing pursuant to the provisions laid down in Articles 29 to 32 of Regulation (EC) No 1260/1999.
However, the financial contribution of the Community may amount to 80% in the areas covered by Objective 1.
By way of derogation from Article 30(2) of Regulation (EC) No 1260/1999, expenditure shall be eligible for support only if it has actually been paid to the beneficiary of a rural development support measure after 31 December 2003 and after the date on which the rural development plan has been submitted to the Commission. The later of those dates shall constitute the starting point for the eligibility of expenditure.
2. The provisions of Regulation (EC) No 1258/1999 on the financing of the common agricultural policy ** with the exception of Article 5 and Article 7(2) shall apply.
* OJ L 248, 16.9.2002, p. 1.
** OJ L 160, 26.6.1999, p. 103."
7. in Article 49(2), the following subparagraph is added:
"For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, the EAGGF Guarantee Section may participate in the financing of evaluations relating to rural development in accordance with the provisions of Chapter IVa. Expenditure in respect of ex-ante evaluation shall be eligible for support if it has been paid from 1 January 2004."
8. In Article 50, the following subparagraph is added:
"By way of derogation from the first subparagraph, specific financial provisions for the new Member States, as well as the mechanisms required to facilitate the introduction of these financial provisions, including those required to resolve specific practical problems, shall be adopted in accordance with the procedure laid down in Article 13 of Regulation (EC) No 1258/1999."
9. In Articles 8(2), first indent, 12(1), 15(3), 16(3), 31(4) and in the title of the Annex, the word "Annex" is replaced by "Annex I".
10. The following Annex is added as Annex II:
"ANNEX II
Table of amounts for the specific measures for the new Member States
Article
Subject
EUR
Article 33b
Semi-subsistence farms
1 000 (1)
per farm/per year
Article 33c
Compliance with Community standards
200
per hectare for the first year
Article 33d
Producer groups
100 000
100 000
80 000
60 000
50 000
For the first year
For the second year
For the third year
For the fourth year
For the fifth year
(1) In the case of Poland the maximum eligible amount shall not exceed EUR 1 250.
".
27. 31999 R 1259: Council Regulation (EC) No 1259/1999 of 17 May 1999 establishing common rules for direct support schemes under the common agricultural policy (OJ L 160, 26.6.1999, p. 113), as amended by:
– 32001 R 1244: Council Regulation (EC) No 1244/2001 of 19.6.2001 (OJ L 173, 27.6.2001, p. 1).
(a) in Article 1, the term "Annex" is replaced by "Annex I";
(b) the following Articles are inserted after Article 1:
"Article 1a
Introduction of support schemes in new Member States
In the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereinafter referred to as "new Member State(s)") the direct payments granted under the support schemes referred to in Article 1 shall be introduced in accordance with the following schedule of increments expressed as a percentage of the then applicable level of such payments in the Community as constituted on 30 April 2004:
25% in 2004
30% in 2005
35% in 2006
40% in 2007
50% in 2008
60% in 2009
70% in 2010
80% in 2011
90% in 2012
100% as from 2013
Article 1b
Single Area Payment scheme for the new Member States
1. The new Member States may decide not later than the date of accession to replace the payments under the support schemes referred to in Article 1 during the period of application referred to in paragraph 9 with a single payment (referred to hereinafter as "single area payment") which shall be calculated according to paragraph 2.
2. The single area payment shall be made once a year. It shall be calculated by dividing the annual financial envelope established according to paragraph 3 by the agricultural area of each new Member State established according to paragraph 4.
3. For any new Member State, the Commission shall establish an annual financial envelope:
– as the sum of the funds that would be available in respect of the calendar year concerned for granting direct payments in the new Member State under the support schemes referred to in Article 1,
– according to the relevant Community rules and on the basis of the quantitative parameters, such as base areas, premium ceilings and Maximum Guaranteed Quantities (MGQ), specified in the Act of Accession for each support scheme, and
– adjusted using the relevant percentage specified in Article 1a for the gradual introduction of direct payments.
4. The agricultural area of a new Member State under the single area payment scheme shall be that part of its utilised agricultural area which has been maintained in good agricultural condition at 30 June 2003, whether in production or not at that date, and, where appropriate, adjusted in accordance with the objective criteria to be set by that new Member State after approval by the Commission.
"Utilised agricultural area" shall mean the total area taken up by arable land, permanent grassland, permanent crops and kitchen gardens as established by the Commission (EUROSTAT) for its statistical purposes.
5. For the purpose of granting payments under the single area payment scheme, all agricultural parcels corresponding to the criteria provided for in paragraph 4 shall be eligible.
The minimum size of eligible area per holding for which payments may be requested shall be 0,3ha. However, any new Member State may decide, on the basis of objective criteria and after approval by the Commission, to set the minimum size at a higher level not exceeding 1ha.
6. There shall be no obligation to produce or to employ the factors of production. However, farmers may use the land referred to in paragraph 4 for any agricultural purpose. In the case of production of hemp falling within CN Code 5302 10 00, Article 5a(2) of Regulation (EC) No 1251/1999 Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops (OJ L 160, 26.6.1999, p. 1). and Article 7b of Regulation (EC) No 2316/1999 Commission Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops (OJ L 280, 30.10.1999, p. 43). shall apply.
Any land benefiting from payments under the single area payment scheme shall be maintained in good agricultural condition compatible with the protection of the environment.
7. Where in a given year the single area payments in a new Member State would exceed its annual financial envelope, the national amount per hectare applicable in that new Member State shall be reduced proportionately by application of a reduction coefficient.
8. The Community rules on the Integrated Administration and Control System (hereinafter referred to as "IACS") laid down in Regulation (EEC) No 3508/92 Council Regulation (EEC) No 3508/92 establishing an integrated administration and control system for certain Community aid schemes (OJ L 355, 5.12.1992, p. 1)., and in particular Article 2 thereof, shall apply to the single area payment scheme to the extent necessary. Accordingly, any new Member State choosing this scheme shall:
– prepare and process farmers' annual aid applications. Such applications shall only contain data on applicants and on declared agricultural parcels (identification number and area);
– put in place a land parcel identification system so as to ensure that the parcels for which aid applications have been made can be identified and their area established, that the parcels concern agricultural land and that they are not the subject of another application;
– have in place a computerised database for agricultural holdings, parcels and aid applications;
– check the aid applications in accordance with Articles 7 and 8 of Regulation (EEC) No 3508/92.
The application of the single area payment scheme shall not in any way affect the obligation of any new Member State with regard to the implementation of Community rules on the identification and registration of animals as provided for by Directive 92/102/EEC Council Directive 92/102/EEC on the identification and registration of animals (OJ L 355, 5.12.1992, p. 32). and Regulation (EC) No 1760/2000 Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1)..
9. For any new Member State the single area payment scheme shall be available for a period of application until the end of 2006 with the possibility of renewal twice by one year at the new Member State's request. Subject to the provisions of paragraph 11, any new Member State may decide to terminate the application of the scheme at the end of the first or the second year of the period of application. New Member States shall notify the Commission of their intention to terminate at least two months before the end of the last year of application.
10. Before the end of the period of application of the single area payment scheme, the Commission shall assess the state of preparedness of the new Member State concerned to apply fully the support schemes referred to in Article 1.
In particular, by the end of the period of application of the single area payment scheme, the new Member State shall have taken all necessary steps to set up the IACS laid down in Regulation (EEC) No 3508/92 for running properly the support schemes referred to in Article 1 in the form then applicable.
11. On the basis of its assessment, the Commission shall:
(a) note that the new Member State can enter the system of support schemes referred to in Article 1 applied in the present Member States,
or
(b) decide to extend the application of the single area payment scheme by the new Member State for the period estimated necessary to allow for the necessary management and control procedures to be fully in place and to function properly.
Before the end of the extended application period referred to in (b), paragraph 11 shall apply.
Until the end of the 5 year period of application of the single area payment scheme (i.e. 2008), the percentage rate set out in Article 1a shall apply. If the application of the single area payment scheme is extended beyond that date pursuant to a decision taken under (b), the percentage rate set out in Article 1a for the year 2008 shall apply until the end of the last year of application of the single area payment scheme.
12. After the end of the period of application of the single area payment scheme, the support schemes referred to in Article 1 shall be applied according to the relevant Community rules and on the basis of the quantitative parameters, such as base area, premium ceilings and Maximum Guaranteed Quantities (MGQ), specified in the Act of Accession for each support scheme, without prejudice to possible changes arising from amendments to the relevant Community legislation. The percentage rates set out in Article 1a for the relevant years shall subsequently apply.
13. New Member States shall inform the Commission in detail of the measures taken to implement this Article and in particular the measures taken pursuant to paragraph 7.
14. The single area payment scheme shall be considered as intervention as referred to in Article 1(2)(b) and Article 2(2) of Regulation (EC) No 1258/1999 Council Regulation (EC) No 1258/1999 on the financing of the common agricultural policy (OJ L 160, 26.6.1999, p. 103)..
Article 1c
Complementary national direct payments and direct payments in the new Member States
1. For the purposes of this Article: "CAP-like national scheme" shall mean any national direct payment scheme applicable prior to the date of accession of the new Member States under which the support was granted to farmers in respect of production covered by one of the EU direct payment schemes listed in Annex I.
2. The new Member States shall have the possibility, subject to authorisation by the Commission, of complementing direct aid paid to a farmer under any CAP scheme listed in Annex I up to:
– 55% of the level of direct payments in the Community as constituted on 30 April 2004 in 2004, 60% in 2005 and 65% in 2006 and from 2007 up to 30 percentage points above the applicable level referred to in Article 1a in the relevant year. However, in the potato starch sector the Czech Republic may throughout the entire period of phasing in of direct payments top up to 100% of the level of direct payments in the Community as constituted on 30 April 2004 in the relevant year,
or
– the total level of direct support the farmer would have been entitled to receive, on a product by product basis, in the new Member State in the calendar year 2003 under a CAP-like national scheme increased by 10 percentage points. However for Lithuania the reference year shall be the calendar year 2002 and for Slovenia the increase shall be 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points from 2007.
For each CAP scheme concerned the new Member States may choose to apply one of the two abovementioned options.
The total direct support the farmer may be granted in the new Member States after accession under the relevant EU scheme including all complementary national direct payments shall not exceed the level of direct support the farmer would be entitled to receive under the corresponding EU scheme then applicable to the Member States in the Community as constituted on 30 April 2004.
3. Cyprus may complement direct aid paid to a farmer under any CAP scheme listed in Annex I up to the total level of support the farmer would have been entitled to receive in Cyprus in 2001.
The Cypriot authorities shall ensure that the total direct support the farmer is granted after accession in Cyprus under the relevant EU scheme including all complementary national direct payments in no case exceeds the level of direct support the farmer would be entitled to receive under that scheme in the relevant year in the Community as constituted on 30 April 2004.
The total amounts of complementary national aid to be granted shall be those indicated in Annex II.
The complementary national aid to be granted shall be subject to any adjustments which may be rendered necessary by developments in the common agricultural policy.
The provisions of paragraphs 2 and 5 shall not apply to Cyprus.
4. If a new Member State decides to apply the single area payment scheme, that new Member State may grant complementary national direct aid under the conditions referred to in paragraphs 5 and 8.
5. The total amount per sector of complementary national aid granted in a given year when applying the single area payment scheme shall be limited by a specific financial envelope per sector. This envelope shall be equal to the difference between:
– the total amount of support per sector resulting from the application of the first or second indent of paragraph 2, as appropriate, and
– the total amount of direct support that would be available in the relevant new Member State for the same sector in the year concerned under the single area payment scheme.
6. The new Member State may decide on the basis of objective criteria and after authorisation by the Commission, on the amounts of complementary national aid to be granted.
7. The authorisation by the Commission shall:
– where paragraph 2, second indent applies, specify the relevant CAP-like national direct payment schemes,
– define the level up to which the complementary national aid may be paid, the rate of the complementary national aid and, where appropriate, the conditions for the granting thereof,
– be granted subject to any adjustments which may be rendered necessary by developments in the common agricultural policy.
8. No complementary national payments or aid shall be granted for agricultural activities covered by a common market organisation not directly supported by a support scheme referred to in Article 1.
9. Cyprus may, in addition to the complementary national direct payments, grant transitional and degressive national aid until the end of 2010. This State aid shall be granted in a form similar to Community aid, such as decoupled payments.
Taking into account the nature and amount of national support granted in 2001, Cyprus may grant State aid to the (sub)sectors listed in Annex III and up to the amounts specified in that Annex.
The State aid to be granted shall be subject to any adjustments which may be rendered necessary by developments in the common agricultural policy. Should such adjustments prove necessary, the amount of the aid or the conditions for the granting thereof shall be amended on the basis of a decision by the Commission.
Cyprus shall submit an annual report to the Commission on the implementation of the State aid measures, indicating the aid forms and amounts per (sub)sector.
10. Latvia may, in addition to the complementary national direct payments, grant transitional and degressive national aid until the end of 2008. This State aid shall be granted in a form similar to Community aid, such as decoupled payments.
Latvia may grant State aid to the (sub)sectors listed in Annex IV up to the amounts specified in that Annex.
The State aid to be granted shall be subject to any adjustments which may be rendered necessary by developments in the common agricultural policy. Should such adjustments prove necessary, the amount of the aid or the conditions for the granting thereof shall be amended on the basis of a decision by the Commission.
Latvia shall submit an annual report to the Commission on the implementation of the State aid measures, indicating the aid forms and amounts per (sub)sector.",
(c) The following paragraph is added to Article 2a:
"8. The simplified scheme shall not apply to the new Member States.";
(d) Article 11(4) is replaced by the following:
"4. In accordance with paragraph 2, the Commission shall adopt:
– detailed rules for the application of Article 2a, including any derogation from the relevant regulations and Regulation (EEC) No 3508/92*, which are necessary to achieve the aim of simplification, in particular those relating to eligibility conditions, dates of application and payment and control provisions as well as detailed rules in order to avoid double claims in respect of the area and production covered by the simplified scheme,
– detailed rules relating to the implementation of the single area payment scheme set out in Article 1b,
– such amendments to Annex I as may become necessary taking into account the criteria set out in Article 1, and
– where appropriate, detailed rules for the application of this Regulation including, in particular, the measures necessary to avoid the circumvention of Articles 3 and 4, as well as those concerning Article 7.
* Council Regulation (EEC) No 3508/1992 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes (OJ L 355, 5.12.1992, p. 1) Regulation as last amended by Regulation (EC) No 495/2001 (OJ L 72, 14.3.2001, p. 6)",
(e) The title of the Annex is replaced by "Annex I";
AA2003/ACT/Annex II/en 1235
(f) The following Annexes are added:
"ANNEX II
Table 1: Cyprus: Complementary national direct payments where the normal schemes for direct payments apply
Table 2: Cyprus: Complementary national direct payments where the single area payment scheme for direct payments applies
ANNEX III
ANNEX IV
AA2003/ACT/Annex II/en 1246
28. 31999 R 1493: Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p. 1), as amended by:
– 32000 R 1622: Commission Regulation (EC) No 1622/2000 of 24.7.2000 (OJ L 194, 31.7.2000, p. 1 ),
– 32000 R 2826: Council Regulation (EC) No 2826/2000 of 19.12.2000 (OJ L 328, 23.12.2000, p. 2),
– 32001 R 2585: Council Regulation (EC) No 2585/2001 of 19.12.2001 (OJ L 345, 29.12.2001, p. 10).
(a) In Article 1(3), the following subparagraph is added :
"It will be decided upon accession whether Poland shall be classified in wine growing zone A in Annex III.";
(b) In Article 5(2), the following point (d) is added:
"(d) for Cyprus, planting rights of 2 000 ha for the production of quality wines out of the Cyprus national reserve existing before accession. Cyprus shall provide the Commission with a list of the regions which will be allocated the planting rights coming from this national reserve.";
(c) In Article 6, the following paragraph 4 is added:
"4. For the Czech Republic, newly created planting rights shall be allocated for the production of quality wines psr amounting to 2% of the total vineyard area in use in the Czech Republic on 1 May 2004. These rights shall be allocated to a national reserve to which Article 5 shall apply.
For Malta, newly created planting rights shall be allocated for the production of quality wines psr up to a total planted wine area in Malta of 1 000 ha. These newly created planting rights shall be used at the latest by the 2005/2006 wine year. If these rights are not used by the 2005/2006 wine year, they shall be allocated to the reserve to which Article 5 shall apply.";
(d) In Article 19(2), the following subparagraph is added:
"Should Poland be classified as a wine growing zone under Article 1(3), Poland shall upon accession indicate the vine varieties suitable for the production of each of the quality wines produced in its territory.";
(e) Article 27(7) is replaced by the following:
"7. Any natural or legal persons or groups of persons who process grapes harvested in wine-growing zone A or in the German part of wine-growing zone B, or on areas planted with vines in Austria or in the Czech Republic shall be required to withdraw the by products of such processing under supervision and subject to conditions to be determined.";
(f) In Article 44(6) and (13) following the word "Ireland" the word "Poland" is added.
(g) In Annex I, the following sentence is added to point 3:
"The quality wine psr "Tokaji eszencia" originating in Hungary is not considered as grape must in fermentation.";
(h) In Annex III (Wine-growing zones):
– in point 1, the following point (d) is added:
"(d) in the Czech Republic, Bohemia: the area under vines in the wine-growing areas:
pražská, mělnická, roudnická, žernosecká, mostecká, čáslavská"
– in point 2, the following points (d), (e) and (f) are added:
"(d) in the Czech Republic, Moravia: the area under vines in the wine-growing areas: brněnská, bzenecká, mikulovská, mutěnická, velkopavlovická, znojemská, strážnická, kyjovská, uherskohradišťská, Podluží and the areas under vines in the regions not included in point 1(d);
(e) in Slovakia: the wine-growing areas of the Small Carpathians, South Slovakia, Nitra, Central Slovakia and East Slovakia and the wine growing areas not included in point 3;
(f) in Slovenia, the areas under vines in the Podravje region: ljutomersko-ormoški vinorodni okoliš, mariborski vinorodni okoliš, radgonsko-kapelski vinorodni okoliš, šmarsko-virštajnski vinorodni okoliš, vinorodni okoliš Haloze, prekmurski vinorodni okoliš, vinorodni okoliš Srednje Slovenske gorice, in the Posavje region: bizeljsko-sremiški vinorodni okoliš, vinorodni okoliš Bela krajina, vinorodni okoliš Dolenjska and the areas under vines in the regions not included in point 5(d)"
– in point 3, the following is added:
"In Slovakia, the Tokay region."
– in point 4, the following is added:
"In Hungary, all areas under vines."
– in point 5, the following point (d) is added:
"(d) in Slovenia, the areas under vines in the Primorska region: vinorodni okoliš Goriška Brda, vinorodni okoliš Vipavska dolina, koprski vinorodni okoliš and vinorodni okoliš Kras"
– in point 6, the following paragraph is added:
"In Cyprus, wine-growing zone C III a) comprises the area under vines located at altitudes exceeding 600 metres",
– in point 7, the following points (f) and (g) are added:
"(f) in Cyprus, the area under vines located at altitudes not exceeding 600 metres;
(g) in Malta: the area under vines.".
(i) In Annex IV, point 4, the following point (d) is added:
"(d) the pouring of wine onto lees or grape marc or pressed aszú pulp where this practice is traditionally used for the production of "Tokaji fordítás" and "Tokaji máslás" in the Tokajhegyalja region of Hungary under conditions to be determined";
(j) In Annex V:
– in Part A (2)(b), the following indent is added:
"– Tokaji quality wines psr originating in Hungary and described in accordance with Hungarian provisions as "Tokaji édes szamorodni" or "Tokaji aszú"."
– in Part A(2)(d) the following phrase is added:
"and quality wines psr originating in Hungary and described in accordance with Hungarian provisions as "Tokaji máslás", "Tokaji fordítás", "Tokaji aszúeszencia", "Tokaji eszencia", "Aszúbor" and "Töppedt szőlőből készült bor"."
– in Part D(3) the following is added :
"and in the wine-growing zones of Hungary and Slovenia"
(k) In Annex VI:
– in Part D(1)(b) the following subparagraph is added:
"However for Commandaria quality wine psr originating in Cyprus, the stages of production after the processing of the grapes into grape must and the processing of the must thus obtained into wine may be performed under strict control in Cyprus outside the specific region where the grapes used were harvested under the conditions laid down in Cypriot legislation."
– in Part F(5) the following phrase is added after "However,":
"for Dolenjska quality wines psr originating in Slovenia which are described in accordance with Slovenia provisions as "Cviček PTP" and";
(l) In Annex VII, point A.2.(b), the third indent is replaced by the following:
"– one of the following terms, under conditions to be determined: "Landwein", "vin de pays", "indicazione geografica tipica", "ďíďěáóßá ęáôÜ đáńÜäďóç", "ďßíďň ôďđéęüň", "vino de la tierra", "vinho regional", "regional wine", "landwijn", "geograafilise tähistusega lauavein", "tájbor", "inbid tradizzjonali tal-lokal", "zemské víno" "deželno vino PGO", or "deželno vino s priznano geografsko oznako"; where such a term is used, the words "table wine" should not be required.";
(m) In Annex VII:
– in Part C(2), second indent, the following is added:
"Poland is authorised to retain the use of the composite name "Polskie wino/Polish wine" for fermented products falling under CN code 2206 made from concentrated grape juice, or concentrated grape must and from grape juice or grape must. Such products, labelled as "Polskie wino/Polish wine", shall be marketed only in Poland.";
(n) In Annex VIII, point D.3, the indents are replaced by the following:
"– "brut nature", "naturherb", "bruto natural", "pas dosé", "dosage zéro", "natűralusis briutas", "îsts bruts", "přírodně tvrdé", "popolnoma suho" or "dosaggio zero": if its sugar content is less than 3 grams per litre; these terms may be used only for products to which no sugar has been added after the secondary fermentation;
– "extra brut", "extra herb", "ekstra briutas", "ekstra brut", "ekstra bruts", "zvláště tvrdé", "extra bruto", "izredno suho" or "ekstra wytrawne": if its sugar content is between 0 and 6 grams per litre;
– "brut", "herb", "briutas", "bruts", "tvrdé", "bruto", "száraz", "zelo suho" or " bardzo wytrawne": if its sugar content is less than 15 grams per litre,
– "extra dry", "extra trocken", "extra seco", "labai sausas", "ekstra kuiv", "ekstra sausais", "különlegesen száraz", "wytrawne", "suho", "zvláště suché" or "extra suché" : if its sugar content is between 12 and 20 grams per litre,
– "sec", "trocken", "secco" or "asciutto", "dry", "třr", "îçńüň", "seco", "torr", "kuiva", "sausas", "kuiv", "sausais", "száraz", "półwytrawne", "polsuho", or "suché": if its sugar content is between 17 and 35 grams per litre,
– "demi-sec", "halbtrocken", "abboccato", "medium dry", "halvtřr", "ηěßîçńďň", "semi seco", "meio seco", "halvtorr", "puolikuiva", "pusiau sausas", "poolkuiv", "pussausais", "félszáraz", "półsłodkie", "polsladko", or "polosuché" or "polosladké": if its sugar content is between 33 and 50 grams per litre,
– "doux", "mild", "dolce", "sweet", "sřd", "γëőęýň", "dulce", "doce", "söt", "makea", "saldus", "magus", "pussaldais", "édes", "ħelu", "s│odkie", "sladko" or "sladkÚ": if its sugar content is greater than 50 grams per litre.";
(o) In Annex VIII, Part E(6)(a), the introductory phrase is replaced by the following:
"(a) the term "Winzersekt" shall be reserved for quality sparkling wines psr produced in Germany, the term "Hauersekt" shall be reserved for quality sparkling wines psr produced in Austria, the term "pěstitelský sekt" shall be reserved for quality sparkling wines psr produced in the Czech Republic and the term "Termelői pezsgő" shall be reserved for quality sparkling wines psr produced in Hungary, all of which are:".
29. 31999 R 1621: Commission Regulation (EC) No 1621/1999 of 22 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards aid for the cultivation of grapes to produce certain varieties of dried grapes (OJ L 192, 24.7.1999, p. 21), as amended by:
– 31999 R 2256: Commission Regulation (EC) No 2256/1999 of 25.10.1999 (OJ L 275, 26.10.1999, p. 13),
– 32001 R 1880: Commission Regulation (EC) No 1880/2001 of 26.9.2001 (OJ L 258, 27.9.2001, p. 14).
Article 2(1) is replaced by the following:
"The maximum guaranteed Community area referred to in Article 7(2) of Regulation (EC) No 2201/96 shall be 53 187 hectares."
30. 32000 R 1622: Commission Regulation (EC) No 1622/2000 of 24 July 2000 laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes (OJ L 194, 31.7.2000, p. 1), as amended by:
– 32000 R 2451: Commission Regulation (EC) No 2451/2000 of 7.11.2000 (OJ L 282, 8.11.2000, p. 7),
– 32001 R 0885: Commission Regulation (EC) No 885/2001 of 24.4.2001 (OJ L 128, 10.5.2001, p. 54),
– 32001 R 1609: Commission Regulation (EC) No 1609/2001 of 6.8.2001 (OJ L 212, 7.8.2001, p. 9),
– 32001 R 1655: Commission Regulation (EC) No 1055/2001 of 14.8.2001 (OJ L 220, 15.8.2001, p. 17),
– 32001 R 2066: Commission Regulation (EC) No 2066/2001 of 22.10.2001 (OJ L 278, 23.10.2001, p. 9),
– 32002 R 2244: Commission Regulation (EC) No 2244/2002 of 16.12.2002 (OJ L 341, 17.12.2002, p. 27).
In Annex XIII, the following point (g) is added:
"(g) for Hungarian wines:
25 milliequivalents per litre for the following quality wines:
– "Tokaji máslás",
– "Tokaji fordítás",
– "Aszúbor",
– "Töppedt szőlőből készült bor",
– "Tokaji édes szamorodni"
35 milliequivalents per litre for the following quality wines:
– "Tokaji aszú"".
– "Tokaji aszúeszencia",
– "Tokaji eszencia",
31. 32000 R 1673: Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre (OJ L 193, 29.7.2000, p. 16), as amended by:
– 32002 R 0651: Commission Regulation (EC) No 651/2002 of 16.4.2002 (OJ L 101, 17.4.2002, p. 3).
(a) Article 3(1) is replaced by the following:
"1. A maximum guaranteed quantity of 80 823 tonnes per marketing year shall be established for long flax fibre and apportioned among all the Member States as national guaranteed quantities. That quantity shall be apportioned as follows:
– 13 800 tonnes for Belgium,
– 1 923 tonnes for the Czech Republic,
– 300 tonnes for Germany,
– 30 tonnes for Estonia,
– 50 tonnes for Spain,
– 55 800 tonnes for France,
– 360 tonnes for Latvia,
– 2 263 tonnes for Lithuania,
– 4 800 tonnes for the Netherlands,
– 150 tonnes for Austria,
– 924 tonnes for Poland
– 50 tonnes for Portugal,
– 73 tonnes for Slovakia,
– 200 tonnes for Finland,
– 50 tonnes for Sweden,
– 50 tonnes for the United Kingdom."
(b) Article 3(2) the introductory paragraph and sub-paragraph (a) are replaced by the following:
"A maximum guaranteed quantity of 146 296 tonnes per marketing year shall be established for short flax fibre and hemp fibre in respect of which aid may be granted. That quantity shall be apportioned in the form of:
(a) national guaranteed quantities for the following Member States:
– 10 350 tonnes for Belgium,
– 2 866 tonnes for the Czech Republic,
– 12 800 tonnes for Germany,
– 42 tonnes for Estonia,
– 20 000 tonnes for Spain,
– 61 350 tonnes for France,
– 1 313 tonnes for Latvia,
– 3 463 tonnes for Lithuania,
– 2 061 tonnes for Hungary,
– 5 550 tonnes for the Netherlands,
– 2 500 tonnes for Austria,
– 462 tonnes for Poland,
– 1 750 tonnes for Portugal,
– 189 tonnes for Slovakia,
– 2 250 tonnes for Finland,
– 2 250 tonnes for Sweden,
– 12 100 tonnes for the United Kingdom.
However, the national guaranteed quantity fixed for Hungary concerns hemp fibre only."
32. 32001 R 1260: Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (OJ L 178, 30.6.2001, p. 1), as amended by:
– 32002 R 0680 Commission Regulation (EC) No 680/2002 of 19.4.2002 (OJ L 104, 20.4.2002, p. 26)
(a) In Article 10(4), the following subparagraph is added:
"The table with the relevant coefficients in the preceding subparagraph shall be adapted in accordance with the procedure referred to in Article 42(2), taking into account the basic quantities laid down in Article 11(2)."
(b) In Article 11(1), the following sentence is added:
"For the Czech Republic, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia, the marketing year shall be that of 2003-2004."
(c) In Article 11(2), the following is inserted into the table "1. Basic quantities A" before the entry for Denmark:
"Czech Republic
441 209
–
–"
and, between the entries for Italy and the Netherlands:
"Latvia
66 400
–
–
Lithuania
103 010
–
–
Hungary
400 454
127 627
–"
and, between the entries for Austria and Portugal:
"Poland
1 580 000
24 911
–"
and, between the entries for the autonomous region of the Azores and Finland:
"Slovenia
48 157
–
–
Slovakia
189 760
37 522
–"
(d) In Article 11(2), the following is inserted into the table "2. Basic quantities B" before the entry for Denmark:
"Czech Republic
13 653
–
–"
and, between the entries for Italy and the Netherlands:
"Latvia
105
–
–
Hungary
1 230
10 000
–"
and, between the entries for Austria and Portugal:
"Poland
91 926
1 870
–"
and, between the entries for the autonomous region of the Azores and Finland:
"Slovenia
4 816
–
–
Slovakia
17 672
5 025
–"
(e) In Article 11(3), the following sentence is added:
"For the Czech Republic, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia, the marketing year shall be that of 2003-2004.";
(f) In Article 39(2) the following subparagraph is added:
"By way of derogation from Article 7(4), the presumed maximum supply need for the sugar-producing undertaking in Slovenia shall be 19 585 tonnes.";
(g) The following sentence is added to Annex III, Point IV, paragraph 2; Point V, paragraphs 2 and 3; Point VI, paragraph 2; Point VIII, indent (d); and Point XI, paragraph 2:
"For the Czech Republic, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia, the relevant marketing year shall be that of 2003-2004.".
33. 32001 R 2529: Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat (OJ L 341, 22.12.2001, p. 3).
(a) Article 8(2) is replaced by the following:
"2. Member States shall take the necessary measures to ensure that, from 1 January 2002, the sum of premium rights on their territory does not exceed the national ceilings set out in Annex I and that the national reserves referred to in Article 10 may be maintained. The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall allocate individual ceilings to producers and shall set up the national reserves from the overall number of rights to the premium reserved for each of these Member States as set out in Annex I, no later than one year after the date of accession.",
(b) After Article 11, the following Article is inserted:
"Article 11a
The global amounts referred to in Article 11(1) shall be applied in accordance with the schedule of increments as set out in Article 1a of Council Regulation (EC) No 1259/1999.",
(c) Annex I is replaced by the following:
"ANNEX I
INDIVIDUAL RIGHTS TO EWE AND GOAT PREMIUM
Member State
Rights
(x 1 000)
Belgium
70
Czech Republic
66,733
Denmark
104
Germany
2 432
Estonia
48
Greece
11 023
Spain
19 580
France
7 842
Ireland
4 956
Italy
9 575
Cyprus
472,401
Latvia
18,437
Lithuania
17,304
Luxembourg
4
Hungary
1 146
Malta
8,485
Netherlands
930
Austria
206
Poland
335,88
Portugal 1
2 690
Slovenia
84,909
Slovakia
305,756
Finland
80
Sweden
180
United Kingdom
19 492
Total
81 667,905
1 Excluding the extensification programme set out in Council Regulation (EC) No 1017/94 of 26 April 1994 concerning the conversion of land currently under arable crops to extensive livestock farming in Portugal (OJ L 112, 3.5.1994, p. 2). Regulation as last amended by Regulation (EC) No 2582/2001 (OJ L 345, 29.12.2001, p. 5).
"
(d) Annex II is replaced by the following:
"ANNEX II
GLOBAL AMOUNTS REFERRED TO IN ARTICLE 11
(expressed in thousands of euro)
Belgium 64
Czech Republic 71
Denmark 79
Germany 1 793
Estonia 51
Greece 8 767
Spain 18 827
France 7 083
Ireland 4 875
Italy 6 920
Cyprus 441
Latvia 19
Lithuania 18
Luxembourg 4
Hungary 1 212
Malta 9
Netherlands 743
Austria 185
Poland 355
Portugal 2 275
Slovenia 86
Slovakia 323
Finland 61
Sweden 162
United Kingdom 20 162
"
34. 32002 R 0546: Council Regulation (EC) No 546/2002 of 25 March 2002 fixing the premiums and guarantee thresholds for leaf tobacco by variety group and Member State for the 2002, 2003 and 2004 harvests and amending Regulation (EEC) No 2075/92 (OJ L 84, 28.3.2002, p. 4).
(a) In Annex II the following is added to the second table:
"
Cyprus
350
350
Hungary
5 768
6 587
12 355
Poland
22 200
12 633
1 867
1 233
37 933
Slovakia
1 598
117
1 715
"
(b) In Annex II the last row of the second table is replaced by the following:
"
162 602
97 866
34 338
7 518
15 771
27 114
24 512
16 696
386 417
"
35. 32002 R 0753: Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (OJ L 118, 4.5.2002, p. 1), as amended by:
– 32002 R 2086: Commission Regulation (EC) No 2086/2002 of 25.11.2002 (OJ L 321, 26.11.2002, p. 8).
In Article 47, the following paragraph 3 is added:
"3. Wines, grape must and sparkling wines produced in Hungary up to 1 May 2004 and whose description and presentation does not comply with Regulation (EC) No 1493/1999 or with this Regulation may be held for sale, placed on the market or exported until stocks are exhausted provided that they comply with the provisions regarding wines, grape must and sparkling wines in force in Hungary before that date. Hungary shall set up a computerised databank including the stock declarations and declare the available stocks at the time of accession."
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