Bruxelles, 26.01.07 002449

AGRI/D1 – BC/mm

D (2007) 3060

SUMMARY REPORT

of the 64th meeting of the
Management Committee for Direct Payments

17January 2007

Chairman: Mr Hermanus VERSTEIJLEN

All delegations were represented.

1.R. 1973/2004, aid for energy crops and communications: exchange of views and vote on a draft Regulationmodifying Regulation (EC) No1973/2004 regarding notably the simplification of the implementing rules for energy crops and the simplification of communications -DS/2007/1

The Commission services presented a revised draft Decision, DS/2007/1/rev1. As a result of the exchange of views, the following modifications were introduced in the part of the draft Regulation concerning the energy crops regime:

- Article 23 (d): the terms "using the raw material on their holding" are added after "applicants";

- Article 25(3): the second sentence is deleted, and the following sentence is added: "However, Member States may decide that the contract may only be concluded between an applicant and a first processor."

- Article 25(4)(f): it begins with "an undertaking of the first processor or the collector…."

- Article 27(2): the first sentence begins with "Applicants or collectors or first processors shall…"; the second sentence is deleted;

- Article 30: the title is "sanctions in the case of false delivery declaration", and in the first sentence the term "intentionally" is added before "false".

- Article 32(3), point (a): the indent (ii) is deleted, the following indent reads "the obligation to sign the declaration of delivery referred to in Article 27(2)".

- Application: The Regulation applies from 2007. However, because of administrative constraint, modifications referring to Chapter 8 apply from 1 January 2008, with the exception of those concerning the new definitions (Article 23) and the new eligibility rules for sugarbeet and soya (Article 24), as well as the new optional system of approval (Article 37), which apply from 1 January 2007.

The Commission services confirmed that for sugarbeet it would be appropriate to align the eligibility rules of the non-food/set-aside scheme with the new

rules of the energy crops scheme. A draft Regulation will be prepared to that effect in view of the next meeting of the Committee.

Malta was not represented at the moment of the vote, Finland was represented by Sweden. The Committee delivered a favourable opinion: 274 votes in favour, 52 abstentions and 16 votes against.

2.Cross-compliance, animal welfare: Continuation of the exchange of views on 2 draft working documents on the implementation from 2007 of the statutory management requirements listed under point C. of Annex III to R.1782/2003 – DS/2006/76-rev 1 and DS/2006/76 bis-rev 1

A revised version of the Commission working document concerning the statutory management requirements to be respected under cross compliance as from 2007 (DS/2006/76-rev 1) was presented and discussed.

Some delegations (DK–AT-IE) challenged the criteria used to classify certain provisions as sufficiently clear for the farmer. The Commission representative stressed that the working document could be used for orientation but it is not legally binding. He also explained that all provisions were already compulsory since many years, that no substantial queries where raised concerning difficulties in the interpretation, and that all Member States have in place specialised control services which are professionally capable of checking the respect of Community law. The Commission representative concluded that although certain points in the working document may still require further limited clarifications, the document should be considered as final and not requiring further discussions in the Committee.

A revised version of the Commission working document concerning animal welfare provision relevant for cross compliance (DS/2006/76 bis-rev 1) was presented and discussed. After a deeper analysis of the scope of Directive 2006/778/EC, it is confirmed that the Directive is aiming at improving the presentation of data on inspections carried out in the animal welfare area, and not at establishing control criteria. Given the limited interest from the Member States on the revised working document there was a general consensus to withdraw the document from further discussions.

3.Complementary National Direct Payments, guidelines: Presentation of an addendum to the guidelines from 2007 (end of the transitional period established in Article 71 of R.1782/2003) - DS/2007/2

The Commission services presented the addendum to the guidelines, which presents how, from the Commission's services point of view, the rules governing EU coupled direct payments (notably Article 71 of R.1782/2003) have from 2007 an impact on the application of the rules governing the Complementary National Direct Payments established in Article 143c.

4.Eligible hemp varieties: Presentation and exchange of views on a working document on the list of eligible hemp varieties for the year 2007 - DS/2007/3

The point was withdrawn from the agenda

5.Dried fodder: Presentation and exchange of views on a draft Regulation amending R.382/2005; this text is to be voted on 18 January during a joint meeting with the Grain Management Committee) – DS/2006/71-rev1

The Commission services explained the few modifications introduced in the draft Regulation and invited the delegates to ensure that delegates participating to the meeting of the Grain Management Committee on 18 January will have appropriate instructions.

6.Other business.

Modification to DS/2006/24: With regard to the annex of the working on the increase in the percentages of area aids applications to be checked (document DS/2006/24), the following change is introduced: currently the document states that if the percentage of farmers checked on the spot for which an over-declaration has been established of >50% is between 3-15%, the rate is multiplied by 5. The change to be made is the introduction of a new sentence: "If for the region concerned the total area not found is <2% of the total area subject to on-the-spot check the multiplier shall be 3 instead of 5".

Protein crops and energy crops payments for 2006: The Commission services confirmed that on the basis of the statistics communicated by Member States (unfortunately EL and UK have not communicated to the Commission the relevant information) it appears that total claimed area for each of these two regimes is lower than the EU maximum guaranteed area.

Article 46(3) of R. 1782/2003: Responding to a question from IT on the possibility to change an initial decision regarding the implementation of Article 46(3) of R. 1782/2003, the Commission services indicated that a definitive answer will be given to the Committee during its next meeting. However, as a result of a preliminary assessment it appears that the decision regarding the implementation of this Article is not under the time limits fixed for other provisions of this Regulation.

The next meetings of the Committee will take place on 14 February and 14 March 2007.

Herman Versteijlen

Director

List of participants

Management Committee for Direct PaymentsDate: 17 January 2007

Etat Membre / Ministère ou Organisme / nombre de participants
BE / Vlaamse gemeenschap –ALVB-HILA ,
MRW-DGA – Politique Agricole – Ministère Région Walone Direction générale Agriculture Div. de la Pol. Agri. Internat et européenne / 3
DK / DFFE – Ministry of Food, Agriculture & Fisheries – Dffe / 3
DE / BMELV – Ministry of Agriculture Mainz-Germany
Bmelv – ref. 616 – Bmelv REF 413 / 4
EL / Min. of Rural Development – P.R. Greece in EU / 2
ES / DGA-MAPA
fega (mapa)- DGA-Mapa / 3
FR / Ministere de l’agriculture et de la pêche– idem / 2
IRL / Department of agriculture an d food - Idem / 2
IT / MIPAF- AGEA-Bxl – mipaf / 3
LUX / Service d’economie rurale (ministère de l’agriculture / 1
NL
AT / Ministry of Agriculture idem- Idem
BMLFUW
BMLFUW - / 3
______
2
PT / inga / 1
FI / MAF (Ministry of Agriculture & forestry) -idem / 2
SV / Swedish Board of Agriculture - ministry of agriculture / 2
UK / defra (Department for environment food and rural affairs)- idem / 2
CZ / State Agricultural Intervention Fund (SZIF)
Ministry of agriculture / 2
EST / Ministry of agriculture- Agricultural registers and informations board / 2
LIT / npa of lithuania - Ministry of Agriculture Lithuania / 2
LV / RSS -
MOA / 2
CYP / Dept of Agriculture - Cyprus Agricultural Payments Organisation / 2
H / Ministry of agriculture an drural development, budapest – mard, budapest / 2
PL / Ministry of Agriculture rural development
Mard Warsaw – ARMA P.A. – idem – idem. / 5
SK / ministry of agriculture - Apa / 2
MT / IACS / 1
SI / maff – idem / 2
RO / Paying and intervention agency for agriculture – Paying agency – Ministry of Agriculture / 2
BG / Ministry of agriculture an d Forestry – State Fund Agriculture / 2
DG AGRI / MM.: Herman Versteijlen, J.J. Jaffrelot, Bruno Chauvin, aymeric berling, Jesus Melero martinez, Michael Pielke,Walter Schmitt, Pavel Povolny, Jozsef Ivan, Tamas Bori, Mario Winkler, Horacio Cappellaro,George Vassilakis, Mmes Dominique Lottefier,Willemien Boersma ,Vassiliki tsilikas, Christine Franck, Cristine Carrasco, Eva Johansson, Charlotte Sode.

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