Council Regulation (EC) No 1782/2003 (repealed)Show full title

CHAPTER 4 U.K. AREA PAYMENT FOR NUTS

Article 83 U.K. Community aid

1. A Community aid shall be granted to farmers producing nuts under the conditions laid down in this Chapter.

Nuts shall include:

• almonds falling within CN codes 0802 11 and 0802 12,

• hazelnuts or filberts falling within CN codes 0802 21 and 0802 22,

• walnuts falling within CN codes 0802 31 and 0802 32,

• pistachios falling within CN codes 0802 50,

• locust beans falling within CN codes 1212 10 10.

2. Member States may differentiate the aid in function of the products or by increasing or decreasing the national guaranteed areas (hereinafter referred to as the ‘NGA’) established in Article 84(3). However, in each Member State, the total amount of aid granted in a given year shall not be higher than the ceiling referred to in Article 84(1).

[F1 Article 84 U.K. Areas

1. A Member State shall grant the Community aid within the limit of a ceiling calculated by multiplying the number of hectares of its NGA as fixed in paragraph 3 by the average amount of EUR 120,75.

[F2 2. A maximum guaranteed area of 815 600 ha is hereby established.]

3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the following NGAs:

National guaranteed areas (NGA)

Belgium	100 ha
Germany	1 500 ha
Greece	41 100 ha
Spain	568 200 ha
France	17 300 ha
Italy	130 100 ha
Cyprus	5 100 ha
Luxembourg	100 ha
Hungary	2 900 ha
Netherlands	100 ha
Austria	100 ha
Poland	[F2 4 200] ha
Portugal	41 300 ha
Slovenia	300 ha
Slovakia	3 100 ha
United Kingdom	100 ha.

4. A Member State may subdivide its NGA into subareas in accordance with objective criteria, in particular at regional level or in relation to the production.]

Textual Amendments

F1 Substituted by Council Regulation (EC) No 583/2004 of 22 March 2004 amending Regulations (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, (EC) No 1786/2003 on the common organisation of the market in dried fodder and (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union.

F2 Substituted by Council Regulation (EC) No 864/2004 of 29 April 2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union.

Article 85 U.K. Overrun of the sub-base areas

When a Member State subdivides its NGA in sub-base areas and one or more sub-base areas are exceeded, the area per farmer for which Community aid is claimed shall be reduced proportionately in that year for the farmers in the sub-base areas where their limit have been exceeded. This reduction shall be made when, in the Member State concerned, the areas in sub-base areas, which have not reached their limits, have been redistributed to sub-base areas in which those limits have been exceeded.

Article 86 U.K. Conditions for eligibility

1. Payment of the Community aid shall be conditional on, in particular, minimum plot size and tree density.

2. Areas in improvement plans within the meaning of Article 14(b) of Regulation (EEC) No 1035/72 of the Council of 18 May 1972 on the common organisation of the market in fruit and vegetables(1) become eligible for aid under this scheme on 1 January of the year following the year in which the improvement plan expired.

3. Member States may make the granting of Community aid conditional on farmers being members of a producer organisation recognised under Articles 11 or 14 of Regulation (EC) No 2200/96.

4. If the provision of paragraph 3 is applied, Member States may decide that the payment of the aid referred to in paragraph 1 is made to a producer organisation on the behalf of its members. The amount of aid received by the producer organisation shall be paid to its members. However, Member States may authorise a producer organisation, as compensation for the services provided to its members, to operate a deduction on the amount of Community aid up to a maximum of 2 %.

Article 87 U.K. National aid

1. Member States may grant national aid, in addition to the Community aid, up to a maximum of EUR 120,75 per hectare per year.

2. The national aid may be paid only for areas receiving Community aid.

3. Member States may make the granting of national aid conditional on farmers being members of a producer organisation recognised under Articles 11 or 14 of Regulation (EC) No 2200/96.

(1)

OJ L 118, 20.5.1972, p. 1. Regulation as last amended by Commission Regulation (EC) No 1363/95 (OJ L 132, 16.6.1995, p. 8).