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
Official Journal L 160 , 26/06/1999 P. 0080 - 0102
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
THE COUNCIL OF THE EUROPEAN
UNION,
Having regard to the Treaty establishing the
European Community, and in particular Articles 36 and 37
thereof,
Having regard to the proposal from the
Commission(1),
Having regard to the opinion of the European
Parliament(2),
Having regard to the opinion of the Economic
and Social Committee(3),
Having regard to the opinion of
the Committee of the Regions(4),
Having regard to the
opinion of the Court of Auditors(5),
(1) Whereas a common
rural development policy should accompany and complement the
other instruments of the common agricultural policy and thus
contribute to the achievement of the policy's objectives as
laid down in Article 33(1) of the Treaty;
(2) Whereas,
according to Article 33(2)(a) of the Treaty, in working out
the common agricultural policy and the special methods for its
application, account is to be taken of the particular nature
of agricultural activity which results from the social
structure of agriculture and from structural and natural
disparities between the various agricultural regions;
(3)
Whereas, according to Article 159 of the Treaty, the
implementation of the common policies is to take into account
the objectives set out in Articles 158 and 160 for the common
policy of economic and social cohesion and contribute to their
achievement; whereas rural development measures should,
therefore, contribute to this policy in regions whose
development is lagging behind (Objective 1) and regions facing
structural difficulties (Objective 2) as defined in Council
Regulation (EC) No 1260/1999, of 21 June 1999 laying down
general provisions on the Structural Funds(6);
(4) Whereas
measures designed to support the improvement of agricultural
structures were introduced into the common agricultural policy
as early as 1972; whereas for almost two decades, attempts
have been made to integrate agricultural structural policy
into the wider economic and social context of rural areas;
whereas the 1992 policy reform stressed the environmental
dimension of agriculture as the largest land user;
(5)
Whereas rural policy is currently carried out through a range
of complex instruments;
(6) Whereas over the coming years,
agriculture will have to adapt to new realities and further
changes in terms of market evolution, market policy and trade
rules, consumer demand and preferences and the Community's
next enlargement; whereas these changes will affect not only
agricultural markets but also local economies in rural areas
in general; whereas a rural development policy should aim at
restoring and enhancing the competitiveness of rural areas
and, therefore, contribute to the maintenance and creation of
employment in those areas;
(7) Whereas these developments
should be encouraged and supported by reorganisation and
simplification of the existing rural development instruments;
(8) Whereas such reorganisation should take into account
the experience gained in applying existing instruments and
thus be based on those instruments, which are those
implemented under the current priority objectives promoting
rural development by speeding up the adjustment of
agricultural structures in the framework of the reform of the
common agricultural policy and facilitating the development
and structural adjustment of rural areas (Objectives 5a and
5b), as laid down in Council Regulation (EEC) No 2052/88 of 24
June 1988 on the tasks of the Structural Funds and their
effectiveness and on coordination of their activities between
themselves and with the operations of the European Investment
Bank and the other existing financial instruments(7) and
Council Regulation (EEC) No 4256/88 of 19 December 1988 laying
down provisions for implementing Regulation (EEC) No 2052/88
as regards the European Agricultural Guidance and Guarantee
Fund (EAGGF) Guidance Section(8), and those introduced as
accompanying measures to the 1992 common agricultural policy
reform by Council Regulation (EEC) No 2078/92 of 30 June 1992
on agricultural production methods compatible with the
requirements of the protection of the environment and the
maintenance of the countryside(9), Council Regulation (EEC) No
2079/92 of 30 June 1992 instituting a Community aid scheme for
early retirement from farming(10) and Council Regulation (EEC)
No 2080/92 of 30 June 1992 instituting a Community aid scheme
for forestry measures in agriculture(11);
(9) Whereas the
framework of a reformed rural development policy should cover
all rural areas in the Community;
(10) Whereas the three
existing accompanying measures introduced by the 1992 reform
of the common agricultural policy (agri-environment, early
retirement and afforestation) should be supplemented by the
scheme for less-favoured areas and areas with environmental
restrictions;
(11) Whereas other rural development
measures should form part of integrated development programmes
for Objective 1 and may form part of programmes for Objective
2 regions;
(12) Whereas in rural areas, rural development
measures should accompany and complement market policies;
(13) Whereas support from the EAGGF for rural development
should be based on a single legal framework establishing
measures eligible for support, their objectives and criteria
for eligibility;
(14) Whereas, given the diversity of the
Community's rural areas, rural development policy should
follow the principle of subsidiarity; whereas it should
therefore, be as decentralised as possible and emphasis must
be on participation and a "bottom up" approach; whereas,
therefore, eligibility criteria for rural development support
should not go beyond what is necessary to achieve the
objectives of rural development policy;
(15) Whereas
consistency with other instruments of the common agricultural
policy and with other common policies requires, however, basic
support criteria to be laid down at Community level; whereas,
in particular, unjustified distortions of competition
resulting from rural development measures should be avoided;
(16) Whereas, in order to ensure flexibility and to
simplify legislation, the Council should confer all necessary
implementing powers on the Commission in accordance with the
third indent of Article 202 of the Treaty;
(17) Whereas
the structure of agriculture in the Community is typified by
the existence of a large number of holdings which lack the
structural conditions to ensure a fair income and living
conditions for farmers and their families;
(18) Whereas
the aim of Community investment aid is to modernise
agricultural holdings and to improve their viability;
(19)
Whereas Community conditions concerning eligibility for
investment aid should be simplified as compared to the
existing conditions laid down in Council Regulation (EC) No
950/97 of 20 May 1997 on improving the efficiency of
agricultural structures(12);
(20) Whereas the granting of
specific benefits to young farmers may facilitate not only
their establishment but also the structural adjustment of
their holdings after their initial establishment;
(21)
Whereas the evolution and specialisation of agriculture
require an appropriate level of general, technical and
economic training for persons involved in agricultural and
forestry activities, especially as regards new approaches to
management, production and marketing;
(22) Whereas a
particular effort is needed to educate farmers in and inform
them of agricultural methods compatible with the environment;
(23) Whereas early retirement from farming should be
encouraged in order to improve the viability of agricultural
holdings, taking into account the experience acquired in the
implementation of Regulation (EEC) No 2079/92;
(24)
Whereas support for less-favoured areas should contribute to
the continued use of agricultural land, maintaining the
countryside, maintenance and promotion of sustainable farming
systems;
(25) Whereas less-favoured areas should be
classified on the basis of common criteria;
(26) Whereas
there is no need for any further classification of
less-favoured areas at Community level;
(27) Whereas
conditions concerning eligibility for compensatory allowances
should be laid down in order to ensure the efficiency of this
support scheme and to ensure that its objectives are achieved;
(28) Whereas for limitations on agricultural use in areas
with environmental restrictions it might be necessary that
support is granted to farmers to solve their specific problems
arising from these limitations;
(29) Whereas, in the
coming years, a prominent role should be given to
agri-environmental instruments to support the sustainable
development of rural areas and to respond to society's
increasing demand for environmental services;
(30) Whereas
the existing agri-environmental support under Regulation (EEC)
No 2078/92 should be continued for targeted environmental
measures, taking into account experience gained in the
implementation of this scheme as described in detail in the
Commission's report presented pursuant to Article 10(2) of
Regulation (EEC) No 2078/92;
(31) Whereas the
agri-environmental aid scheme should continue to encourage
farmers to serve society as a whole by introducing or
continuing the use of farming practices compatible with the
increasing need to protect and improve the environment,
natural resources, soil and genetic diversity and to maintain
the landscape and the countryside;
(32) Whereas
improvements in the processing and marketing of agricultural
products should be encouraged by support for investments in
that field;
(33) Whereas such support can largely be based
on existing conditions as currently laid down in Council
Regulation (EC) No 951/97 of 20 May 1997 on improving the
processing and marketing conditions for agricultural
products(13).
(34) Whereas it should be ensured that such
investments are viable and that farmers have a share in the
economic benefits of the action taken;
(35) Whereas
forestry is an integral part of rural development and forestry
measures should, therefore, be included under the rural
development support scheme, whereas support for forestry
should avoid distorting competition and should be market
neutral;
(36) Whereas forestry measures should be adopted
in the light of undertakings given by the Community and the
Member States at international level and be based on Member
States' forestry plans; whereas such measures should also take
into account the specific problems of climate change;
(37)
Whereas forestry measures should be based on those taken under
the existing schemes laid down in Council Regulation (EEC) No
1610/89 of 29 May 1989 laying down provisions for implementing
Regulation (EEC) No 4256/88 as regards the scheme to develop
and optimally utilise woodlands in rural areas in the
Community(14) and in Council Regulation (EEC) No 867/90 of 29
March 1990 on improving the processing and marketing
conditions for forestry products(15);
(38) Whereas the
afforestation of agricultural land is especially important
from the point of view of soil use and the environment and as
a contribution to increasing supplies for certain forestry
products, whereas the existing support for afforestation under
Regulation (EEC) No 2080/92 should, therefore, be continued,
taking into account the experience gained in the
implementation of that scheme as described in detail in the
Commission's report presented pursuant to Article 8(3)
thereof;
(39) Whereas payments should be granted for
activities to maintain and improve ecological stability of
forests in certain areas;
(40) Whereas support should be
granted for other measures relating to farming activities and
their conversion; whereas the list of measures should be
defined on the basis of experience and having regard to the
need for rural development to be based partly on
non-agricultural activities and services so as to reverse the
trend towards the economic and social decline and depopulation
of the countryside; whereas measures to remove inequalities
and to promote equal opportunities for men and women should be
supported;
(41) Whereas demand from consumers for
organically-produced agricultural products and foodstuffs is
increasing; whereas a new market for agricultural products is
thus being created; whereas organic agriculture improves the
sustainability of farming activities and thus contributes to
the general aims of this Regulation; whereas the specific
rural development support measures may concern the production,
processing and marketing of organically-produced agricultural
products;
(42) Whereas rural development measures eligible
for Community support should comply with Community law and be
consistent with other Community policies as well as with other
instruments of the common agricultural policy;
(43)
Whereas in the framework of this Regulation support should be
excluded for certain measures eligible under other common
agricultural policy instruments and in particular those
falling within the scope of support schemes under common
organisations of the market with the exceptions justified by
objective criteria;
(44) Whereas, in view of existing aid
to producer groups and their associations in several common
organisations of the market, specific support to producer
groups in the framework of rural development no longer appears
to be necessary; whereas, therefore, the aid scheme existing
under Council Regulation (EC) No 952/97 of 20 May 1997 on
producer groups and associations thereof(16) should be
discontinued;
(45) Whereas the financing of Community
support for the accompanying measures and for other rural
development measures in areas other than Objective 1 should
come from the Guarantee Section of the EAGGF; whereas the
basic financial rules laid down in Regulation (EC) No
1260/1999 have been adapted accordingly;
(46) Whereas the
financing of Community support for rural development measures,
in areas covered by Objective 1, should continue to come from
the Guidance Section of the EAGGF except for the three
existing accompanying measures and the support for
less-favoured areas and areas with environmental restrictions;
(47) Whereas, with regard to the support for rural
development measures covered by Objective 1 and Objective 2
programming, Regulation (EC) No 1260/1999 should apply, in
particular as to integrated programming of these measures;
whereas, however, rules concerning financing should take into
account the Guarantee financing of measures in Objective 2
regions;
(48) Whereas rural development measures not
covered by Objective 1 or Objective 2 programming should be
subject to rural development programming pursuant to specific
rules; whereas rates of assistance for such measures should be
differentiated according to the general principles laid down
in Article 29(1) of Regulation (EC) No 1260/1999 taking
sufficiently into account the requirement of social and
economic cohesion; whereas, as a result, those assistance
rates should, in principle, be differentiated as between areas
covered by Objective 1 and Objective 2 and other areas;
whereas the rates laid down in this Regulation are the maximum
rates of Community assistance;
(49) Whereas, in addition
to rural development programmes, the Commission should be able
to make provisions for studies on rural development on its own
initiative notwithstanding the rural development initiative
provided for in Articles 19 and 20 of Regulation (EC) No
1260/1999;
(50) Whereas appropriate rules should be
established for the monitoring and evaluation of rural
development support, using as a reference well-defined
indicators to be agreed and established prior to programme
implementation;
(51) Whereas rural development measures
should be eligible for Member State support without any
Community co-financing; whereas, in view of the considerable
economic impact of such aid and in order to ensure consistency
with measures eligible for Community support and simplify
procedures, specific State-aid rules should be established;
(52) Whereas it should be possible to adopt transitional
rules to facilitate the transition from existing support
schemes to the new rural development support scheme;
(53)
Whereas the new support scheme provided for in this Regulation
replaces existing support schemes which should therefore be
repealed; whereas, as a consequence, the derogation in current
schemes for outermost regions and for the Aegean Islands will
equally have to be repealed; whereas new rules providing for
the necessary flexibility, adaptations and derogations in
order to meet the specific needs of those regions will be
established when rural development measures are
programmed,
HAS ADOPTED THIS REGULATION:
TITLE
I
SCOPE AND OBJECTIVES
Article 1
1. This Regulation
establishes the framework for Community support for
sustainable rural development.
2. Rural development
measures shall accompany and complement other instruments of
the common agricultural policy and thus contribute to the
achievement of the objectives laid down in Article 33 of the
Treaty.
3. Rural development measures shall:
- be
integrated into the measures promoting the development and
structural adjustment of regions whose development is lagging
behind (Objective 1), and
- accompany the measures
supporting the economic and social conversion of areas facing
structural difficulties (Objective 2)
in the regions
concerned, taking into account the specific targets of
Community support under these objectives as laid down in
Articles 158 and 160 of the Treaty and in Regulation (EC) No
1260/1999 and according to the conditions laid down in this
Regulation.
Article 2
Support for rural development,
related to farming activities and their conversion, may
concern:
- the improvement of structures in agricultural
holdings and structures for the processing and marketing of
agricultural products,
- the conversion and reorientation
of agricultural production potential, the introduction of new
technologies and the improvement of product quality,
- the
encouragement of non-food production,
- sustainable forest
development,
- the diversification of activities with the
aim of complementary or alternative activities,
- the
maintenance and reinforcement of viable social fabric in rural
areas,
- the development of economic activities and the
maintenance and creation of employment with the aim of
ensuring a better exploitation of existing inherent
potential,
- the improvement of working and living
conditions,
- the maintenance and promotion of low-input
farming systems,
- the preservation and promotion of a high
nature value and a sustainable agriculture respecting
environmental requirements,
- the removal of inequalities
and the promotion of equal opportunities for men and women, in
particular by supporting projects initiated and implemented by
women.
Article 3
Support shall be granted for the
rural development measures defined in Title II and under the
conditions laid down therein.
TITLE II
RURAL
DEVELOPMENT MEASURES
CHAPTER I
INVESTMENT IN
AGRICULTURAL HOLDINGS
Article 4
Support for investment
in agricultural holdings shall contribute to the improvement
of agricultural incomes and of living, working and production
conditions.
Such investment shall pursue one or more of the
following objectives:
- to reduce production costs,
- to
improve and redeploy production,
- to increase
quality,
- to preserve and improve the natural environment,
hygiene conditions and animal welfare standards,
- to
promote the diversification of farm activities.
Article
5
Support for investment shall be granted to agricultural
holdings:
- the economic viability of which can be
demonstrated,
- which comply with minimum standards
regarding the environment, hygiene and animal welfare,
and
- where the farmer possesses adequate occupational
skill and competence.
Article 6
Support shall not be
granted for investment which has as its objective an increase
in production for which no normal market outlets can be
found.
Article 7
Member States shall set limits for
total investment eligible for support.
The total amount of
support, expressed as a percentage of the volume of eligible
investment, is limited to a maximum of 40 % and 50 % in
less-favoured areas. Where investments are undertaken by young
farmers, as referred to under Chapter II, these percentages
may reach a maximum of 45 % and 55 % in less-favoured
areas.
CHAPTER II
SETTING UP OF YOUNG
FARMERS
Article 8
1. Setting-up aid to facilitate the
establishment of young farmers shall be granted under the
following conditions:
- the farmer is under 40 years of
age,
- the farmer possesses adequate occupational skill and
competence,
- the farmer is setting up on an agricultural
holding for the first time,
- as regards the
holding:
(i) economic viability can be demonstrated,
and
(ii) minimum standards regarding the environment,
hygiene and animal welfare are complied with,
and
- the
farmer is established as head of the holding.
Specific
conditions may be applied in a situation where a young farmer
is not established as sole head of the holding. These
conditions must be equivalent to those required for a young
farmer setting up as sole head of a holding.
2. The
setting-up aid may comprise:
- a single premium up to the
maximum eligible amount specified in the Annex,
- an
interest subsidy on loans taken on with a view to covering the
costs arising from setting up; the capitalised value of the
interest subsidy may not exceed the value of the
premium.
CHAPTER III
TRAINING
Article
9
Support for vocational training shall contribute to the
improvement of the occupational skill and competence of
farmers and other persons involved in agricultural activities
and forestry activities, and their conversion.
Training
shall in particular be designed:
- to prepare farmers for
qualitative reorientation of production, the application of
production practices compatible with the maintenance and
enhancement of the landscape, the protection of the
environment, hygiene standards and animal welfare and
acquisition of the skills needed to enable them to manage an
economically viable farm, and
- to prepare forest holders
and other persons involved in forestry activities for the
application of forest management practices to improve the
economic, ecological or social functions of
forests.
CHAPTER IV
EARLY RETIREMENT
Article
10
1. Support for early retirement from farming shall
contribute to the following objectives:
- to provide an
income for elderly farmers who decide to stop farming,
- to
encourage the replacement of such elderly farmers by farmers
able to improve, where necessary, the economic viability of
the remaining agricultural holdings,
- to reassign
agricultural land to non-agricultural uses where it cannot be
farmed under satisfactory conditions of economic
viability.
2. Early retirement support may include measures
to provide an income for farm workers.
Article 11
1.
A transferor of a farm shall:
- stop all commercial farming
activity definitively; he may, however, continue
non-commercial farming and retain the use of the
buildings,
- be not less than 55 years old but not yet of
normal retirement age at the time of transfer, and
- have
practised farming for the 10 years preceding transfer.
2.
The transferee of a farm shall:
- succeed the transferor as
the head of the agricultural holding or take over all or part
of the land released. The economic viability of the
transferee's holding must be improved within a period and in
compliance with conditions to be defined in terms of, in
particular, the transferee's occupational skill and competence
and the surface area and volume of work or income, according
to the region and type of production,
- possess adequate
occupational skill and competence, and
- undertake to
practise farming on the agricultural holding for not less than
five years.
3. A farm worker shall:
- stop all farm work
definitively,
- be not less than 55 years old but not yet
of normal retirement age,
- have devoted at least half of
his working time as a family helper or farm worker to farm
work during the preceding five years,
- have worked on the
transferor's agricultural holding for at least the equivalent
of two years full-time during the four-year period preceding
the early retirement of the transferor, and
- belong to a
social security scheme.
4. A non-farming transferee may be
any other person or body who takes over released land to use
it for non-agricultural purposes, such as forestry or the
creation of ecological reserves, in a manner compatible with
protection or improvement of the quality of the environment of
the countryside.
5. The conditions laid down in this
Article shall be applied throughout the period during which
the transferor receives early retirement
support.
Article 12
1. The maximum amounts eligible
for Community support are laid down in the Annex.
2. The
duration of early retirement support shall not exceed a total
period of 15 years for the transferor and 10 years for the
farm worker. It shall not go beyond the 75th birthday of a
transferor and not go beyond the normal retirement age of a
worker.
Where in the case of a transferor a normal
retirement pension is paid by the Member State, early
retirement support shall be granted as a supplement taking
into account the amount of the national retirement
pension.
CHAPTER V
LESS-FAVOURED AREAS AND AREAS
WITH ENVIRONMENTAL RESTRICTIONS
Article 13
Support for
less-favoured areas and areas with environmental restrictions
shall contribute to the following objectives.
(a)
Compensation for naturally less-favoured areas
- to ensure
continued agricultural land use and thereby contribute to the
maintenance of a viable rural community,
- to maintain
countryside,
- to maintain and promote sustainable farming
systems which in particular take account of environmental
protection requirements.
(b) Compensation for areas with
environmental restrictions
- to ensure environmental
requirements and safeguard farming in areas with environmental
restrictions.
Article 14
1. Farmers in less-favoured
areas may be supported by compensatory allowances.
2.
Compensatory allowances shall be granted per hectare of areas
used for agriculture to farmers who:
- farm a minimum area
of land to be defined,
- undertake to pursue their farming
activity in a less-favoured area for at least five years from
the first payment of a compensatory allowance, and
- apply
usual good farming practices compatible with the need to
safeguard the environment and maintain the countryside, in
particular by sustainable farming.
3. Where residues of
substances prohibited under Directive 96/22/EC(17) or residues
of substances authorised under that Directive but used
illegally, are detected pursuant to the relevant provisions of
Council Directive 96/23/EC(18) in an animal belonging to the
bovine herd of a producer, or where an unauthorised substance
or product, or a substance or product authorised under
Directive 96/22/EC but held illegally is found on the
producer's holding in any form, the producer shall be excluded
from receiving compensatory allowances for the calendar year
of that discovery.
In the event of a repeated infringement,
the length of the exclusion period may, depending on the
seriousness of the offence, be extended to five years from the
year in which the repeated infringement was discovered.
In
the event of obstruction on the part of the owner or holder of
the animals when inspections are being carried out and the
necessary samples are being taken in application of national
residue-monitoring plans, or when the investigations and
checks provided for under Directive 96/23/EC are being carried
out, the penalties provided for in the first subparagraph
shall apply.
Article 15
1. Compensatory allowances
shall be fixed at a level which:
- is sufficient in making
an effective contribution to compensation for existing
handicaps, and
- avoids overcompensation.
2.
Compensatory allowances shall be duly differentiated, taking
into account:
- the situation and development objectives
peculiar to a region,
- the severity of any permanent
natural handicap affecting farming activities,
- the
particular environmental problems to be solved where
appropriate,
- the type of production and, where
appropriate, the economic structure of the holding.
3.
Compensatory allowances shall be fixed between the minimum and
maximum amounts set out in the Annex.
Compensatory
allowances higher than this maximum amount may be granted
provided that the average amount of all compensatory
allowances granted at the programming level concerned does not
exceed this maximum amount. However, in cases duly justified
by objective circumstances, Member States may, for the purpose
of calculating the average amount, present a combination of
several regional programmes.
Article 16
1. Payments
to compensate for costs incurred and income foregone may be
made to farmers who are subject to restrictions on
agricultural use in areas with environmental restrictions as a
result of the implementation of limitations on agricultural
use based on Community environmental protection rules, if and
in so far as such payments are necessary to solve the specific
problems arising from those rules.
2. Payments shall be
fixed at a level which avoids overcompensation; this is
especially necessary in the case of payments in less-favoured
areas.
3. The maximum amounts eligible for Community
support are laid down in the Annex.
Article
17
Less-favoured areas shall include:
- mountain areas
(Article 18),
- other less-favoured areas (Article 19),
and
- areas affected by specific handicaps (Article
20).
Article 18
1. Mountain areas shall be those
characterised by a considerable limitation of the
possibilities for using the land and an appreciable increase
in the cost of working it due:
- to the existence, because
of altitude, of very difficult climatic conditions, the effect
of which is substantially to shorten the growing season,
-
at a lower altitude, to the presence over the greater part of
the area in question of slopes too steep for the use of
machinery or requiring the use of very expensive special
equipment, or
- to a combination of these two factors,
where the handicap resulting from each taken separately is
less acute but the combination of the two gives rise to an
equivalent handicap.
2. Areas north of the 62nd Parallel
and certain adjacent areas shall be treated in the same way as
mountain areas.
Article 19
Less-favoured areas which
are in danger of abandonment of land-use and where the
conservation of the countryside is necessary, shall comprise
farming areas which are homogeneous from the point of view of
natural production conditions and exhibit all of the following
characteristics:
- the presence of land of poor
productivity, difficult cultivation and with a limited
potential which cannot be increased except at excessive cost,
and which is mainly suitable for extensive livestock
farming,
- production which results from low productivity
of the natural environment which is appreciably lower than the
average, with regard to the main indices of economic
performance in agriculture,
- a low or dwindling population
predominantly dependent on agricultural activity, the
accelerated decline of which would jeopardise the viability of
the area concerned and its continued
habitation.
Article 20
Less-favoured areas may
include other areas affected by specific handicaps, in which
farming should be continued, where necessary and subject to
certain conditions, in order to conserve or improve the
environment, maintain the countryside and preserve the tourist
potential of the area or in order to protect the
coastline.
Article 21
The total extent of areas
referred to in Article 16 and Article 20 may not exceed 10 %
of the area of the Member State concerned.
CHAPTER
VI
AGRI-ENVIRONMENT
Article 22
Support for
agricultural production methods designed to protect the
environment and to maintain the countryside (agri-environment)
shall contribute to achieving the Community's policy
objectives regarding agriculture and the environment.
Such
support shall promote:
- ways of using agricultural land
which are compatible with the protection and improvement of
the environment, the landscape and its features, natural
resources, the soil and genetic diversity,
- an
environmentally-favourable extensification of farming and
management of low-intensity pasture systems,
- the
conservation of high nature-value farmed environments which
are under threat,
- the upkeep of the landscape and
historical features on agricultural land,
- the use of
environmental planning in farming practice.
Article
23
1. Support shall be granted to farmers who give
agri-environmental commitments for at least five years. Where
necessary, a longer period shall be determined for particular
types of commitments in view of their environmental
effects.
2. Agri-environmental commitments shall involve
more than the application of usual good farming
practice.
They shall provide for services which are not
provided for by other support measures, such as market support
or compensatory allowances.
Article 24
1. Support in
respect of an agri-environmental commitment shall be granted
annually and be calculated on the basis of:
- income
foregone,
- additional costs resulting from the commitment
given, and
- the need to provide an incentive.
The cost
of any non-remunerative capital works necessary for the
fulfilment of the commitments may also be taken into account
in calculating the level of annual support.
2. Maximum
amounts per year eligible for Community support are laid down
in the Annex. These amounts shall be based on that area of the
holding to which agri-environmental commitments
apply.
CHAPTER VII
IMPROVING PROCESSING AND
MARKETING OF AGRICULTURAL PRODUCTS
Article 25
1. Support
for investment shall facilitate the improvement and
rationalisation of processing and marketing of agricultural
products and thereby contribute to increasing the
competitiveness and added value of such products.
2. Such
support shall contribute to one or more of the following
objectives:
- to guide production in line with foreseeable
market trends or encourage the development of new outlets for
agricultural products,
- to improve or rationalise
marketing channels or processing procedures,
- to improve
the presentation and preparation of products or encourage the
better use or elimination of by-products or waste,
- to
apply new technologies,
- to favour innovative
investments,
- to improve and monitor quality,
- to
improve and monitor health conditions,
- to protect the
environment.
Article 26
1. Support shall be granted
to those persons ultimately responsible for financing the
investment in enterprises
- for which economic viability
can be demonstrated, and
- which comply with minimum
standards regarding the environment, hygiene and animal
welfare.
2. Investment must contribute to improving the
situation of the basic agricultural production sector in
question. It must guarantee the producers of such basic
products an adequate share in the resulting economic
benefits.
3. Sufficient evidence must be shown that normal
market outlets for the products concerned can be
found.
Article 27
1. Investment shall concern the
processing and marketing of products covered by Annex I to the
Treaty except fishery products.
2. Investment shall meet
selection criteria setting priorities and indicating which
types of investment are not eligible for
support.
Article 28
1. The following types of
investment shall be excluded from support:
- investment at
the retail level,
- investment in the processing or
marketing of products from third countries.
2. The total
amount of support, expressed as a percentage of the volume of
eligible investment, is limited to a maximum of:
(a) 50 %
in Objective 1 regions;
(b) 40 % in the other
regions.
CHAPTER VIII
FORESTRY
Article 29
1.
Support for forestry shall contribute to the maintenance and
development of the economic, ecological and social functions
of forests in rural areas.
2. Such support shall promote in
particular one or more of the following objectives:
-
sustainable forest management and development of
forestry,
- maintenance and improvement of forest
resources,
- extension of woodland areas.
3. Such
support shall be granted only for forests and areas owned by
private owners or by their associations or by municipalities
or their associations. This restriction shall not apply to the
measures provided for in the sixth indent of Article
30(1).
4. Such support shall contribute to the fulfilment
of the undertakings given by the Community and the Member
States at international level. It shall be based on national
or subnational forest programmes or equivalent instruments
which should take into account the commitments made in the
Ministerial Conferences on the Protection of Forests in
Europe.
5. Measures proposed under this Regulation in areas
classified as high or medium forest fire risk under Council
Regulation (EEC) No 2158/92 of 23 July 1992 on protection of
the Community forests against fire(19) must conform to the
forest protection plans presented by the Member States under
Regulation (EEC) No 2158/92.
Article 30
1. Support
for forestry shall concern one or more of the following
measures:
- afforestation of land not eligible under
Article 31 provided that such planting is adapted to local
conditions and is compatible with the environment,
-
investment in forests aimed at significantly improving their
economic, ecological or social value,
- investment to
improve and rationalise the harvesting, processing and
marketing of forestry products; investment related to the use
of wood as a raw material shall be limited to all working
operations prior to industrial processing,
- promotion of
new outlets for the use and marketing of forestry
products,
- the establishment of associations of forest
holders that are set up in order to help their members to
improve the sustainable and efficient management of their
forests,
- restoring forestry production potential damaged
by natural disasters and fire and introducing appropriate
prevention instruments.
2. The rules laid down in Chapters
I and VII, with the exception of the second subparagraph of
Article 7, shall apply as appropriate for
investments.
Article 31
1. Support shall be granted
for the afforestation of agricultural land provided that such
planting is adapted to local conditions and is compatible with
the environment.
Such support may include in addition to
planting costs:
- an annual premium per hectare afforested
to cover maintenance costs for a period of up to five
years,
- an annual premium per hectare to cover loss of
income resulting from afforestation for a maximum period of 20
years for farmers or associations thereof who worked the land
before its afforestation or for any other private law
person.
2. Support for the afforestation of agricultural
land undertaken by public authorities shall cover only the
cost of establishment.
3. Support for the afforestation of
agricultural land shall not be granted:
- for farmers
benefiting from early retirement support,
- in respect of
the planting of Christmas trees.
In the case of
fast-growing species cultivated in the short term, support for
afforestation shall be granted for planting costs only.
4.
Maximum amounts per year of the annual premium to cover loss
of income eligible for Community support are laid down in the
Annex.
Article 32
1. With a view to:
-
maintaining and improving the ecological stability of forests
where the protective and ecological role of these forests are
of public interest and where the costs of maintenance and
improvement measures for these forests exceed the income from
forestry,
- maintaining fire-breaks through agricultural
measures,
payments for relevant measures shall be granted
to the beneficiaries provided that the protective and
ecological values of these forests are ensured in a
sustainable manner and the measures to be carried out are laid
down by contract and their cost specified therein.
2.
Payments shall be fixed between the minimum and maximum
amounts set out in the Annex, on the basis of the real costs
of the measures carried out, as previously stipulated in the
contract.
CHAPTER IX
PROMOTING THE ADAPTATION AND
DEVELOPMENT OF RURAL AREAS
Article 33
Support shall be
granted for measures, relating to farming activities and their
conversion and to rural activities, which do not fall within
the scope of any other measure referred to in this
Title.
Such measures shall concern:
- land
improvement,
- reparcelling,
- setting-up of farm relief
and farm management services,
- marketing of quality
agricultural products,
- basic services for the rural
economy and population,
- renovation and development of
villages and protection and conservation of the rural
heritage,
- diversification of agricultural activities and
activities close to agriculture to provide multiple activities
or alternative incomes,
- agricultural water resources
management,
- development and improvement of infrastructure
connected with the development of agriculture,
-
encouragement for tourist and craft activities,
-
protection of the environment in connection with agriculture,
forestry and landscape conservation as well as with the
improvement of animal welfare,
- restoring agricultural
production potential damaged by natural disasters and
introducing appropriate prevention instruments,
- financial
engineering.
CHAPTER X
IMPLEMENTING RULES
Article
34
Detailed rules for the implementation of this Title
shall be adopted in accordance with the procedure laid down in
Article 50(2) of Regulation (EC) No 1260/1999.
These rules
may in particular define:
- conditions for support for
investment in agricultural holdings (Articles 4 to 7),
including the necessary restrictions resulting from
application of Article 6,
- the period and the conditions
for the improvement of economic viability of an agricultural
holding and conditions of use of land released in the case of
early retirement (Article 11(2)),
- conditions for the
granting and calculation of the compensatory allowance in
less-favoured areas, including in the case of communal use of
agricultural land (Articles 14 and 15) and the compensatory
payments in areas with environmental restrictions (Article
16),
- conditions governing the giving of
agri-environmental commitments (Articles 23 and 24),
-
selection criteria for investment aimed at improving the
processing and marketing of agricultural products (Article
27(2)),
- conditions governing forestry measures (Chapter
VIII).
According to the same procedure, the Commission may
derogate from the second indent of Article 28(1) in the
outermost regions subject to the condition that the processed
products are destined for the market of the region in
question.
TITLE III
GENERAL PRINCIPLES,
ADMINISTRATIVE AND FINANCIAL PROVISIONS
CHAPTER
I
GENERAL PRINCIPLES
Subchapter I
Support from
EAGGF
Article 35
1. Community support for early
retirement (Articles 10 to 12), less-favoured areas and areas
with environmental restrictions (Articles 13 to 21),
agri-environment (Articles 22 to 24) and afforestation
(Article 31) shall be financed by the EAGGF Guarantee Section
throughout the Community.
2. Community support for other
rural development measures shall be financed by the
EAGGF:
- Guidance Section in areas covered by Objective
1,
- Guarantee Section in areas not covered by Objective
1.
3. Support for the measures referred to in the sixth,
seventh and ninth indents of Article 33 shall be financed by
the EAGGF in areas classified under Objectives 1 and 2 and
areas in transition in so far as their financing is not
provided by the European Regional Development Fund
(ERDF).
Article 36
1. With regard to support for the
rural development measures referred to in Article 35(2):
-
in areas covered by Objective 1, Regulation (EC) No 1260/1999
shall apply as supplemented by specific rules contained in
this Regulation,
- in areas covered by Objective 2,
Regulation (EC) No 1260/1999 shall apply as supplemented by
specific rules contained in this Regulation and save as
otherwise provided for under this Regulation.
2. With
regard to support for rural development measures financed by
the EAGGF Guarantee Section, the specific rules of Regulation
(EC) No 1260/1999(20) and the provisions adopted in
implementation thereof shall apply save as otherwise provided
for under this Regulation.
Subchapter
II
Compatibility and consistency
Article 37
1.
Support for rural development shall be granted only for
measures which comply with Community law.
2. Such measures
shall be consistent with other Community policies and measures
implemented thereunder.
In particular, no measure which
falls within the scope of this Regulation shall be eligible
for support under other Community support schemes if it is
incompatible with any specific condition laid down in this
Regulation.
3. Consistency shall also be ensured with
measures implemented under other instruments of the common
agricultural policy, and in particular between rural
development support measures on the one hand and measures
implemented under the common market organisations and
agricultural quality and health measures on the other hand, as
well as between the different rural development support
measures.
Accordingly, no support under this Regulation may
be granted for:
- measures falling within the scope of
support schemes under common market organisations, with the
exceptions, justified by objective criteria, that may be
defined according to Article 50,
- measures to support
research projects, to promote agricultural products or to
eradicate animal diseases.
4. Member States may lay down
further or more restrictive conditions for granting Community
support for rural development provided that such conditions
are consistent with the objectives and requirements laid down
in this Regulation.
Article 38
1. Payments may not
be made in respect of the same measure under both this
Regulation and another Community support scheme.
2. Support
for several measures under this Regulation may be combined
only if such measures are consistent and compatible with each
other. If necessary, the level of support shall be
adjusted.
Article 39
1. Member States shall take all
necessary steps to ensure the compatibility and consistency of
rural development support measures pursuant to the provisions
laid down in this Chapter.
2. The rural development plans
submitted by Member States shall include an appraisal of the
compatibility and the consistency of the support measures
envisaged and an indication of the measures taken in order to
ensure compatibility and consistency.
3. Support measures
shall, where necessary, be subsequently revised to ensure
compatibility and consistency.
CHAPTER
II
PROGRAMMING
Article 40
1. Rural development
measures financed by the EAGGF Guidance Section shall form
part of the programming for Objective 1 regions according to
Regulation (EC) No 1260/1999.
2. Rural development measures
other than those referred to in Article 35(1) may form part of
the programming for Objective 2 regions in accordance with
Regulation (EC) No 1260/1999.
3. Other rural development
measures which do not form part of the programming in
accordance with paragraphs 1 and 2 shall be subject to rural
development programming in accordance with Articles 41 to
44.
4. With reference to appropriate rural development
measures, Member States may also submit for approval general
framework Regulations which form part of the programming in
accordance with paragraphs 1 to 3, as far as it is appropriate
with a view to maintaining uniform conditions.
Article
41
1. Rural development plans shall be drawn up at the
geographical level deemed to be the most appropriate. They
shall be prepared by the competent authorities designated by
the Member State and submitted by the Member State to the
Commission after competent authorities and organisations have
been consulted at the appropriate territorial level.
2.
Rural development support measures to be applied in one area
shall be integrated, whenever possible, into a single plan.
Wherever several plans need to be established, the
relationship between measures put forward in such plans shall
be indicated and their compatibility and consistency
ensured.
Article 42
Rural development plans shall
cover a period of seven years from 1 January
2000.
Article 43
1. Rural development plans shall
include:
- a quantified description of the current
situation showing disparities, gaps and potential for
development, the financial resources deployed and the main
results of operations undertaken in the previous programming
period with regard to the evaluation results available,
- a
description of the strategy proposed, its quantified
objectives, and rural development priorities selected, and the
geographical area covered,
- an appraisal showing the
expected economic, environmental and social impact, including
employment effects,
- an indicative overall financial table
summarising the national and Community financial resources
provided for and corresponding to each rural development
priority submitted in the context of the plan and, where the
plan covers rural areas in Objective 2, identifying the
indicative amounts for rural development measures under
Article 33 in these areas,
- a description of the measures
contemplated for implementing the plans, and in particular aid
schemes, including the points necessary for assessing the
rules of competition,
- where appropriate, information on
the needs for any studies, demonstration projects, training or
technical assistance operations relating to the preparation,
implementation or adaptation of the measures concerned,
-
the designation of competent authorities and bodies
responsible,
- provisions to ensure the effective and
correct implementation of the plans, including monitoring and
evaluation, a definition of quantified indicators for
evaluation, arrangements for controls and sanctions and
adequate publicity,
- the results of consultations and
designation of associated authorities and bodies as well as
the economic and social partners at the appropriate
levels.
2. In their plans, Member States shall:
-
provide for agri-environment measures throughout their
territories, and in accordance with their specific needs,
-
ensure the necessary balance is kept between the different
support measures.
Article 44
1. Rural development
plans shall be submitted not later than six months after the
entry into force of this Regulation.
2. The Commission
shall appraise the proposed plans to determine whether they
are consistent with this Regulation. On the basis of the
plans, it 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.
CHAPTER
III
ADDITIONAL MEASURES AND COMMUNITY
INITIATIVES
Article 45
1. Pursuant to Article 21(2) of
Regulation (EC) No 1260/1999, the Commission, following the
procedure laid down in Article 50(2) of that Regulation, may
extend the scope of assistance from the EAGGF Guidance Section
beyond that provided for in Article 35(2) of this Regulation
and the financing of measures eligible under Council
Regulations (EC) No 1262/1999(21), (EC) No 1261/1999(22) and
(EC) No 1263/1999(23) with a view to implementing all the
measures in the rural development Community initiative.
2.
The EAGGF Guarantee Section may, on the initiative of the
Commission, finance studies related to rural development
programming.
CHAPTER IV
FINANCIAL
PROVISIONS
Article 46
1. Community support for rural
development from the EAGGF Guarantee Section shall be subject
to financial planning and accounting on an annual basis. The
financial planning shall form part of rural development
programming (Article 40(3)) or of programming related to
Objective 2.
2. The Commission shall make initial
allocations to Member States, broken down on an annual basis
and using objective criteria which take into account
particular situations and needs, and efforts to be undertaken
especially for the environment, job creation and maintenance
of the landscape.
3. Initial allocations shall be adjusted
on the basis of actual expenditure and revised expenditure
forecasts submitted by the Member States taking into account
programme objectives, and be subject to the funds available
and as a rule be consistent with the aid intensity for rural
areas covered by Objective 2.
Article 47
1. The
financial provisions laid down in Articles 31, 32 (except for
the fifth subparagraph of paragraph 1 thereof), 34, 38 and 39
of Regulation (EC) No 1260/1999 shall not apply to support for
rural development measures in relation to Objective 2.
The
Commission shall take the necessary action to ensure efficient
and coherent implementation of these measures which shall
attain at least the same standards as those laid down in the
provisions referred to in the first subparagraph, including
the principle of a single management authority.
2. For
measures covered by rural development programming, the
Community shall contribute to financing pursuant to the
principles laid down in Articles 29 and 30 of Regulation (EC)
No 1260/1999.
In this connection:
- the Community
contribution shall not exceed 50 % of the total eligible cost
and, as a general rule, shall be equal to at least 25 % of
eligible public expenditure in areas not covered by Objective
1 and Objective 2,
- for revenue-bearing investment, the
rates laid down in Article 29(4)(a)(ii) and (iii) and (b)(ii)
and (iii) of Regulation (EC) No 1260/1999 shall apply.
Agricultural and forestry holdings and businesses involved in
the processing and marketing of agricultural and forestry
products are businesses in that respect within the meaning of
Article 29(4)(b)(iii),
- the Community contribution to the
programming for measures laid down in Articles 22 to 24 of
this Regulation shall be 75 % in areas covered by Objective 1
and 50 % in the other areas.
The fifth subparagraph of
Article 32(1) of Regulation (EC) No 1260/1999 shall apply to
such payments.
3. Payments of financial assistance from the
EAGGF Guarantee Section may take the form of advances for
programme implementation and of payments in respect of
expenditure incurred.
CHAPTER V
MONITORING AND
EVALUATION
Article 48
1. The Commission and the Member
States shall ensure effective monitoring of implementation of
rural development programming.
2. Such monitoring shall be
carried out by way of jointly agreed procedures.
Monitoring
shall be carried out by reference to specific physical and
financial indicators agreed and established
beforehand.
Member States shall submit annual progress
reports to the Commission.
3. Where appropriate, monitoring
committees shall be established.
Article 49
1.
Evaluation of measures covered by rural development
programming shall be carried out on the basis of the
principles laid down in Articles 40 to 43 of Regulation (EC)
No 1260/1999.
2. The EAGGF Guarantee Section may, within
the framework of the financial resources allocated to
programmes, participate in the financing of evaluations
relating to rural development in the Member States. The EAGGF
Guarantee Section may also, on the initiative of the
Commission, finance evaluations at Community
level.
CHAPTER VI
IMPLEMENTING RULES
Article
50
Detailed rules for the application of this Title shall
be adopted in accordance with the procedure laid down in
Article 50(2) of Regulation (EC) No 1260/1999.
These rules
may in particular define the details of:
- the presentation
of rural development plans (Articles 41 to 44),
- the
revision of rural development programming documents,
-
financial planning, in particular to ensure budgetary
discipline (Article 46), and participation in financing
(Article 47(2)),
- monitoring and evaluation (Articles 48
and 49),
- how to ensure consistency between rural
development measures and the support measures introduced by
the market organisations (Article 37).
TITLE
IV
STATE AID
Article 51
1. Save as otherwise provided
in this Title, Articles 87 to 89 of the Treaty shall apply to
aid granted by Member States for measures to support rural
development.
However, Articles 87 to 89 of the Treaty shall
not apply to financial contributions provided by Member States
for measures subject to Community support within the scope of
Article 36 of the Treaty in accordance with the provisions of
this Regulation.
2. Aid for investment in agricultural
holdings which exceeds the percentages referred to in Article
7 shall be prohibited.
This prohibition does not apply to
aid for investments relating to:
- investments undertaken
predominantly in the public interest related to the
conversation of traditional landscapes shaped by agricultural
and forestry activities or relocation of farm buildings,
-
the protection and improvement of the environment,
-
improvement of the hygiene conditions of livestock enterprises
and the welfare of animals.
3. State aid granted to farmers
to compensate for natural handicaps in less-favoured areas
shall be prohibited if it does not satisfy the conditions laid
down in Articles 14 and 15.
4. State aid to support farmers
who give agri-environmental commitments which fail to satisfy
the conditions laid down in Articles 22 to 24 shall be
prohibited. However, additional aid exceeding maximum amounts
fixed according to Article 24(2) may be granted if justified
under paragraph 1 of that Article. In duly justified
exceptional cases derogation may be permitted in respect of
the minimum duration of these commitments as laid down in
Article 23(1).
Article 52
Within the scope of
Article 36 of the Treaty, State aid intended to provide
additional financing for rural development measures for which
Community support is granted shall be notified by Member
States and approved by the Commission in accordance with the
provisions of this Regulation as part of programming referred
to in Article 40. The first sentence of Article 88(3) of the
Treaty shall not apply to aid thus notified.
TITLE
V
TRANSITIONAL AND FINAL RULES
Article 53
1. Should
specific measures be necessary to facilitate the transition
from the system in force to the one established by this
Regulation, such measures shall be adopted by the Commission
in accordance with the procedures laid down in Article 50(2)
of Regulation (EC) No 1260/1999.
2. Such measures shall in
particular be adopted for the integration of existing
Community support actions, approved by the Commission for a
period ending after 1 January 2000 or without any time limit,
into the rural development support provided for by this
Regulation.
Article 54
1. Article 17 of Council
Regulation (EEC) No 1696/71 of 26 July 1971 on the common
organisation of the market in hops(24) shall be replaced by
the following:
"Article 17
1. The Regulations on the
financing of the common agricultural policy shall apply to the
market in the products referred to in Article 1(1) from the
date of implementation of the arrangements laid down
herein.
2. The aid referred to in Article 8 shall be
subject to part financing by the Community.
3. Member
States shall pay the aid referred to in Article 12 to the
producers between 16 October and 31 December of the marketing
year in respect of which the aid is applied for.
4. The
Commission shall, following the procedure laid down in Article
20, adopt rules for the application of this Article".
2.
Article 6 of Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organisation of the market in bananas(25)
shall be replaced by the following text:
"Article 6
1.
For the five years following the date of recognition, the
Member States shall grant recognised producer organisations
assistance to encourage their establishment and assist with
their administrative operation.
2. Such aid:
- shall be,
for the first, second, third, fourth and fifth years
respectively, 5 %, 5 %, 4 %, 3 % and 2 % of the value of
production marketed under the auspices of the producer
organisation,
- shall not exceed the actual cost of
formation and administrative operation of the organisation
concerned,
- shall be paid in annual instalments for a
maximum of seven years following the date of
recognition.
The value of each year's production shall be
calculated on the basis of:
- the annual volume actually
marketed,
- the average producer prices obtained.
3.
Producer organisations deriving from organisations which
already comply to a large extent with the conditions of this
Regulation shall qualify for aid under this Article only if
they are formed as the result of a merger enabling the
objectives referred to in Article 5 to be achieved more
effectively. However, in such a case, the aid shall be granted
only in respect of the cost of formation of the organisation
(expenditure incurred in connection with the preparatory work
and the drawing up of the memorandum and articles of
association).
4. The aid referred to in this Article shall
be notified to the Commission in a report from the Member
States at the close of each financial year".
3. Council
Regulation (EC) No 2200/96 of 28 October 1996 on the common
organisation of the market in fruit and vegetables(26) is
hereby amended as follows:
(a) Article 15(6) shall be
replaced by the following:
"6. In regions of the Community
where the degree of organisation of producers is particularly
low, Member States may be authorised, on a duly substantiated
request, to pay producer organisations national financial
assistance equal to a maximum of half the financial
contributions of producers. This assistance shall be
additional to the operational fund.
For Member States where
producer organisations market less than 15 % of the fruit and
vegetable production and whose fruit and vegetable production
represents at least 15 % of their total agricultural output,
the assistance referred to in the first subparagraph may be
partly reimbursed by the Community at the request of the
Member State concerned".
(b) Article 52 shall be replaced
by the following:
"Article 52
1. Expenditure relating
to the payment of the Community withdrawal compensation and to
Community financing of the operational fund, the specific
measures referred to in Article 17 and Articles 53, 54 and 55
and checks by experts of the Member States made available to
the Commission in application of Article 40(1) shall be deemed
to be intervention to stabilise agricultural markets within
the meaning of Article 1(2)(b) of Regulation (EC) No
1257/1999(27).
2. Expenditure relating to the aid granted
by the Member States in accordance with Article 14 and the
second subparagraph of Article 15(6) shall be deemed to be
intervention to stabilise agricultural markets within the
meaning of Article 1(2)(b) of Regulation (EC) No 1257/1999. It
shall be eligible for part financing by the Community.
3.
The Commission shall, following the procedure laid down in
Article 46, adopt rules for the application of paragraph 2 of
this Article.
4. The provisions of Title VI shall apply
without prejudice to the application of Council Regulation
(EEC) No 4045/89 of 21 December 1989 on scrutiny by Member
States of transactions forming part of the system of financing
by the Guarantee Section of the European Agricultural Guidance
and Guarantee Fund and repealing Directive
77/435/EEC(28).
.
"
Article 55
1. The
following Regulations are hereby repealed:
- Regulation
(EEC) No 4256/88,
- Regulations (EC) No 950/97, (EC) No
951/97, (EC) No 952/97 and Regulation (EEC) No 867/90,
-
Regulations (EEC) No 2078/92, (EEC) No 2079/92, (EEC) No
2080/92,
- Regulation (EEC) No 1610/89
2. The following
provisions are hereby deleted:
- Article 21 of Regulation
(EEC) No 3763/91(29),
- Article 32 of Regulation (EEC) No
1600/92(30),
- Article 27 of Regulation (EEC) No
1601/92(31),
- Article 13 of Regulation (EEC) No
2019/93(32).
3. The Regulations repealed and provisions
deleted under paragraphs 1 and 2 respectively shall continue
to apply to actions approved by the Commission under the
Regulations before 1 January 2000.
4. Council and
Commission Directives adopting lists of less-favoured areas or
amending such lists in accordance with Article 21(2) and (3)
of Regulation (EC) No 950/97 shall remain in force unless
further amended in the framework of programmes.
Article
56
This Regulation shall enter into force on the seventh
day following its publication in the Official Journal of the
European Communities.
It shall apply in relation to
Community support as from 1 January 2000.
This
Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at Brussels, 17 May
1999.
For the Council
The President
K.-H.
FUNKE
(1) OJ C 170, 4.6.1998, p. 7.
(2) Opinion
delivered on 6 May 1999 (not yet published in the Official
Journal).
(3) OJ C 407, 28.12.1998, p. 210.
(4) OJ C 93,
6.4.1999, p. 1.
(5) OJ C 401, 22.12.1998, p. 3.
(6) OJ L
161, 26.6.1999, p. 1.
(7) OJ L 185, 15.7.1988, p. 9.
Regulation as last amended by Regulation (EC) No 3193/94 (OJ L
337, 24.12.1994, p. 11).
(8) OJ L 374, 31.12.1988, p. 25.
Regulation as last amended by Regulation (EEC) No 2085/93 (OJ
L 193, 31.7.1993, p. 44).
(9) OJ L 215, 30.7.1992, p. 85.
Regulation as last amended by Commission Regulation (EC) No
2272/95 (OJ L 288, 1.12.1995, p. 35). Regulation rectified by
Commission Regulation (EC) No 1962/96 (OJ L 259, 12.10.1996,
p. 7).
(10) OJ L 215, 30.7.1992, p. 91. Regulation as
amended by Commission Regulation (EC) No 2773/95 (OJ L 288,
1.12.1995, p. 37).
(11) OJ L 215, 30.7.1992, p. 96.
Regulation as last amended by Commission Regulation (EC) No
231/96 (OJ L 30, 8.2.1996, p. 33).
(12) OJ L 142, 2.6.1997,
p. 1. Regulation as amended by Regulation (EC) No 2331/98 (OJ
L 291, 30.10.1998, p. 10).
(13) OJ L 142, 2.6.1997, p.
22.
(14) OJ L 165, 15.6.1989, p. 3.
(15) OJ L 91,
6.4.1990, p. 7.
(16) OJ L 142, 2.6.1997, p. 30.
(17) OJ
L 125, 23.5.1996, p. 3.
(18) OJ L 125, 23.5.1996, p.
10.
(19) OJ L 217, 31.7.1992, p. 3. Regulation as amended
by Regulation (EC) No 308/97 (OJ L 51, 21.2.1997, p.
2).
(20) See page 103 of this Official Journal.
(21) OJ
L 161, 26.6.1999, p. 48.
(22) OJ L 161, 26.6.1999, p.
43.
(23) OJ L 161, 26.6.1999, p. 54.
(24) OJ L 175,
4.8.1971, p. 1. Regulation as last amended by Regulation (EC)
No 1554/97 (OJ L 208, 2.8.1997, p. 1).
(25) OJ L 47,
25.2.1993, p. 1. Regulation as last amended by Regulation (EC)
No 1637/98 (OJ L 210, 28.7.1998, p. 28).
(26) OJ L 297,
21.11.1996, p. 1. Regulation as last amended by Regulation
(EC) No 857/1999 (OJ L 108, 27.4.1999, p. 7).
(27) OJ L
160, 26.6.1999, p. 80.
(28) OJ L 388, 30.12.1989, p. 17.
Regulation as last amended by Regulation (EC) No 3235/94 (OJ L
338, 28.12.1994, p. 16)
(29) OJ L 356, 24.12.1991, p.
1.
(30) OJ L 173, 27.6.1992, p. 1.
(31) OJ L 173,
27.6.1992, p. 13.
(32) OJ L 184, 27.7.1993, p.
1.
ANNEX
TABLE OF AMOUNTS
>TABLE
POSITION>