
Article 1 
Regulation (EC) No 1974/2006 is amended as follows:

1.. in Article 2, paragraph 3 is replaced by the following:
'
3. With the exception of the dairy sector, where a common market organisation, including direct support schemes financed by the European Agricultural Guarantee Fund (EAGF) places restrictions on production or limitations on Community support at the level of individual farmers, holdings or processing plants, no investment shall be supported under Regulation (EC) No 1698/2005 which would increase production beyond those restrictions or limitations.';
2.. the following Article 3a is inserted:
'
Article 3a 
Revisions of national strategy plans in accordance with Article 12a of Regulation (EC) No 1698/2005 shall include a revision of the relevant elements set out in Article 11(3) of that Regulation which are related to the priorities foreseen in Article 16a(1) of that Regulation, and, in particular, of the main quantified objectives.
The National Strategy shall identify the approximate and indicative EAFRD contribution referred to in Article 69(5a) of Regulation (EC) No 1698/2005 allocated to each of the priorities referred to in Article 16a(1) of that Regulation in the Member State and shall contain the appropriate explanations related to the allocation.';
3.. in Article 5, paragraph 1, the first subparagraph is replaced by the following:
'The content of rural development programmes as referred to in Articles 16 and 16a of Regulation (EC) No 1698/2005 shall be established in accordance with Annex II to this Regulation.';
4.. in Article 7, paragraph 1 is amended as follows:

((a)) point (d) is replaced by the following:
'
((d)) the revision relates to the first implementation of Article 16a of Regulation (EC) No 1698/2005;';
((b)) the following point is added:
'
((e)) the revision introduces an additional potential effect, not listed in Annex II to Regulation (EC) No 1698/2005, related to the priorities mentioned in Article 16a of the same Regulation.';
5.. in Article 9, paragraph 1 is replaced by the following:
'
1. Changes in programmes by Member States as referred to in Article 6(1)(c) may involve changes of financial breakdowns by measure within an axis as well as non-financial changes concerning the introduction of new measures and types of operations, the withdrawal of existing measures and types of operations, the changes relating to the exception referred to in Article 5(6) of Regulation (EC) No 1698/2005 or information on and description of existing measures in the programme.';
6.. the following Article 24a is inserted:
'
Article 24a 
The business plan referred to in Article 35a of Regulation (EC) No 1698/2005 shall:

((a)) describe the main aspects of the restructuring envisaged including diversification outside agricultural activities;
((b)) identify specific objectives.';
7.. in Article 27(6) the first subparagraph is deleted;
8.. in Article 46, the following paragraph is added:
'This Article shall also apply to the commitments concerned by the abolition of the set-aside following the entering into force of Regulation (EC) No 73/2009. On request of the beneficiary, adjustments of such commitments can be allowed also in case no revision clause is provided.';
9.. in the first subparagraph of Article 56(2), the following sentence is added:
‘In the case of investments for which the individual decision to grant support is taken in 2009 or in 2010, the amount of the advances may be increased up to 50 % of the public aid related to that investment.’;
10.. in Article 57, paragraph 2 is replaced by the following:
'
2. Rural development programmes may cover payments made by Member States for rural development, falling outside the scope of Article 36 of the Treaty, in favour of measures pursuant to Articles 25, 43 to 49 and 52 of Regulation (EC) No 1698/2005 and of operations under measures pursuant to Articles 21, 24, 28, 29, 30 and 35a of that Regulation or additional national funding, falling outside the scope of Article 36 of the Treaty, in favour of the measures pursuant to Articles 25, 27, 43 to 49 and 52 of Regulation (EC) No 1698/2005 and of operations under measures pursuant to Articles 21, 24, 28, 29, 30 and 35a of that Regulation only if the State aid is identified in accordance with point 9.B of Annex II to this Regulation.';
11.. in Section 4 ‘Monitoring and Evaluation’, the following Article 59a is inserted:
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Article 59a 
For the purposes of Article 78, point (f) of Regulation (EC) No 1698/2005, “substantial proposals for changes” shall include the changes for which a decision of the Commission is compulsory and changes referred to in Article 9(1) of this Regulation except the changes relating to the exception referred to in Article 5(6) of Regulation (EC) No 1698/2005 and the information on and description of existing measures in the programme.';
12.. in Article 62, paragraph 1, the following subparagraph is added:
'For measures containing types of operations as specified under Article 16a of Regulation (EC) No 1698/2005 output indicators and indicative targets for output indicators shall be broken down by types of operations.';
13.. in Article 63, paragraph 8, the first subparagraph is replaced by the following:
'In cases of force majeure or exceptional circumstances, and in particular of malfunctioning of the system or a lack of a lasting connection, the Member State may submit the documents to the Commission in hard copy or by other appropriate electronic means. Such submission of hard copies or by other electronic means shall require prior notice to the Commission.';
14.. Annexes I, II, VII and VIII are amended in accordance with the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2009. However, Article 1(1) shall apply as of 1 January 2007.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 4 May 2009.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX

The Annexes to Regulation (EC) No 1974/2006 are amended as follows:

1.. Annex I is replaced by the following:

‘ANNEX I 

— Fruit and vegetables (Part II, Title I, Chapter IV, Section IVa of Council Regulation (EC) No 1234/2007)
— Wine (Title II, Chapter I of Council Regulation (EC) No 479/2008)
— Tobacco (Part II, Title I, Chapter IV, Section V of Regulation (EC) No 1234/2007)
— Olive oil (Part II, Title I, Chapter IV, Section IV of Regulation (EC) No 1234/2007)
— Hops (Article 68a of Regulation (EC) No 1782/2003)
— Sheep and goats (Article 102(1) of Council Regulation (EC) No 73/2009)
— Bee keeping (Title I, Chapter IV, Section VI of Regulation (EC) No 1234/2007)
— Sugar (Council Regulation (EC) No 320/2006)
— Specific measures for agriculture in the outermost regions (Title III of Council Regulation (EC) No 247/2006) and the smaller Aegean islands (Chapter III of Council Regulation (EC) No 1405/2006)
— Direct payments (Article 41(3) and 68 of Regulation (EC) No 73/2009)

2.. Annex II is amended as follows:

((a)) in point 5.2, the second indent is replaced by the following
'
— Confirmation that for the measures pursuant to Articles 25, 43 to 49 and 52 of Regulation (EC) No 1698/2005 and for operations under the measures pursuant to Articles 21, 24, 28, 29, 30 and 35a of that Regulation which fall outside the scope of Article 36 of the Treaty, respect of the State aid procedures and material compatibility criteria, in particular aid ceiling of total public support under Articles 87 to 89 of the Treaty, is ensured.';
((b)) point 5.3 is replaced by the following:
'
5.3. 
The following specific information, including information on the specific types of operations referred to in Article 16a(1) of Regulation (EC) No 1698/2005, is required for measures:
';
((c)) point 5.3.1.4 is replaced by the following:
'
5.3.1.4.';
((d)) the following point 5.3.1.4.4 is inserted:
'
5.3.1.4.4. 

— designation of the reforms of common market organisation involved,
— summary of the requirements of the business plan,
— amount and duration of support.
';
((e)) the following point 5.3.6 is inserted:
'
5.3.6. 

Axis/measure Type of operation Potential effects “Existing” or “new” type of operation Reference to the description of the type of operation in the RDP Output indicator – target
Axis 1Measure 111 … …   
Measure … … …   
Axis 2Measure 211 … …   
Measure … … …   
Axis 3Measure 311 … …   
Measure …     
Axis 4Measure 411 … …   
Measure …     
NB: The column “existing or new type of operation” shall indicate whether or not the type of operation related to the priorities referred to in Article 16a of Regulation (EC) No 1698/2005 was already included in the version of the RDP applicable on 31 December 2008. In this context modifications of existing types of operations are also considered to be “new types of operations.”
'
((f)) Table 6.1 is replaced by the following:
'
6.1. 

 2007 2008 2009 2010 2011 2012 2013
Non-convergence regions       
Convergence regions       
Outermost regions and smaller Aegean Islands       
Voluntary modulation       
Additional contribution to Portugal       
Additional funds from Article 69(5a) of Regulation (EC) No 1698/2005 – non-convergence region       
Additional funds from Article 69(5a) of Regulation (EC) No 1698/2005 – convergence region       
Total       




'
((g)) footnote (1) the reference of which is set at the end of the title for Table 6.2 is replaced by the following:
'
(1) Table 6.2 needs to be replicated for each sub-amount of the EAFRD contribution shown in one row in Table 6.1.
';
((h)) the following point is inserted:
'
6.3. 

Axis/measure EAFRD contribution for 2010-2013
Axis 1Measure 111 …
Measure … …
Axis 2Measure 211 …
Measure … …
Axis 3Measure 311 …
Measure … 
Axis 4Measure 411 …
Measure … 
Axis 1, 2, 3 and 4, total …
'
((i)) in point 7, the following code 144 is inserted:
'
(144) Holdings undergoing restructuring due to a reform of a common market organisation
';
((j)) in point 9(B), the introductory words of the first subparagraph are replaced by the following:
'For the measures pursuant to Articles 25, 27 (for the latter only for additional national funding referred to in Article 89 of Regulation (EC) No 1698/2005), 43 to 49 and 52 of Regulation (EC) No 1698/2005 and operations under the measures pursuant to Articles 21, 24, 28, 29, 30 and 35a of that Regulation which fall outside the scope of Article 36 of the Treaty, either:';
3.. Annex VII is amended as follows:

((a)) in point 2, the following paragraphs are added:
'Each Member State receiving in accordance with Council Regulation (EC) No 74/2009, additional financial resources resulting from modulation under that Regulation together with, as of 2011, the amounts of unused funds should include as of 2011 a separate chapter containing at least the same analysis as mentioned in the previous paragraph as regards the operations related to the priorities mentioned in Article 16a(1) of Regulation (EC) No 1698/2005. For new Member States except Bulgaria and Romania this obligation would be effective as of 2014.Member States applying the new measure “144 Holdings undergoing restructuring” should report about the achievements made in view of the measure’s objectives.';
((b)) the following point 3a is inserted:
'
3a. 
The table summarising the financial implementation of these types of operations shall have at least the following information:

Axis/measure Annual payment-year N Cumulative payments from year 2010 to year N
Measure 111 … …
Measure …  
Total Axis 1 … …
Measure 211 … …
Measure …  
Total Axis 2 … …
Measure 311 … …
Measure …  
Total Axis 3 … …
Measure 411 … …
Measure …  
Total Axis 4 … …
Total programme … …'
4.. in Annex VIII, the following row is inserted under point II. COMMON OUTPUT INDICATORS at the end of the list concerning Axis 1:

Code Measure Output indicators (*)
‘144 Holdings undergoing restructuring due to a reform of a common market organisation Number of holdings that received support’
