Council Regulation (EC) No 1257/1999 (repealed)Show full title

[F1 SUBCHAPTER III U.K. DEROGATIONS U.K.

Textual Amendments

F1 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

Article 33k U.K. 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 U.K. 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 %.

2a. By way of derogation from Article 21b, for agricultural Community standards for which a transitional period is provided for under the Annexes referred to in Article 24 of the Act of Accession (1) the temporary support may be granted, from the date of eligibility of expenditures under the rural development programming document, to farmers who comply with these standards, for a period not exceeding five years.

[F2 2b. By way of derogation from Articles 21a, 21b and 21c, costs linked to investments needed to comply with a standard set by the Community before the date of accession, and binding for farmers from this date, or a later date, may be taken into consideration for determining the level of annual support. This possibility is limited to the first three years of the period of support, up to an annual ceiling of EUR  25 000 per farm. During this investment period, the degressivity provided for in Article 21c shall not apply. Loss of income and additional costs resulting from compliance with the standard may not be taken into consideration until the end of the investment period.

Investments supported under the first subparagraph are not eligible for the support provided for in Chapter I.]

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.

Textual Amendments

F2 Inserted by Council Regulation (EC) No 567/2004 of 22 March 2004 amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF).

Article 33m U.K. 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).]

(1)

[F1 OJ L 236, 23.9.2003, p. 33 .]

Textual Amendments

F1 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.