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

1.. Article 6(1) is amended as follows:

((a)) the following point is inserted after point (b):
'
((ba)) changes to the financing plan related to the implementation of Article 70(4b) of Regulation (EC) No 1698/2005;';
((b)) point (c) is replaced by the following:
'
((c)) other changes not covered by points (a), (b) and (ba) of this paragraph.';
2.. the following Article is inserted after Article 8:
'
Article 8a 

1. Member States intending to make changes related to the implementation of Article 70(4b) of Regulation (EC) No 1698/2005 shall notify to the Commission an amended financing plan containing the increased rates of contribution from the EAFRD to be applied in 2009.The procedure of Article 9 of this Regulation shall apply to changes notified in accordance with the first subparagraph.
2. After receiving the last declaration of expenditure for the year 2009, to be submitted by 31 January 2010 at the latest in accordance with Article 16(2) of Commission Regulation (EC) No 883/2006, the Commission shall calculate the maximum EAFRD contribution rates that may be applied for the remaining part of the programming period in order to respect the overall maximum EAFRD contribution rates as provided in paragraphs 3 and 4 of Article 70 of Regulation (EC) No 1698/2005. The details and the result of that calculation shall be communicated to the Member States by 15 February 2010.
3. Member States shall notify to the Commission, by 15 March 2010, a new financing plan containing new EAFRD contribution rates for the remainder of the programming period in conformity with the maximum rates calculated by the Commission according to paragraph 2.If a Member State does not notify the new financing plan by this date or if the financing plan notified is not in conformity with the Commission’s calculation of the maximum rates, the latter shall become automatically applicable to that Member State’s rural development programme as from the declaration corresponding to expenditure incurred by the paying agency during the first quarter of 2010, and up to a revised financing plan compatible with the co-financing rates calculated by the Commission.';
3.. Article 38 is replaced by the following:
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Article 38 

1. Running costs of local action groups as referred to in Article 63(c) of Regulation (EC) No 1698/2005 shall be eligible for Community support within a limit of 20 % of the total public expenditure of the local development strategy.
2. Local action groups may request the payment of an advance from the competent paying agencies if such possibility is included in the rural development programme. The amount of the advances shall not exceed 20 % of the public aid related to the running costs, and its payment shall be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 110 % of the amount of the advance. The guarantee shall be released at the closure of the local development strategy at the latest.Article 26(5) of Commission Regulation (EC) No 1975/2006 shall not apply for the payment referred to in the first subparagraph.';
4.. in Article 44(2), the following point is added:
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((c)) where the holding of a beneficiary is entirely or partly transferred to an organisation having the main objective of nature management in view of conservation of the environment, provided that the transfer aims at a permanent change of land use into nature conservation and that this is associated with a significant benefit to the environment.';
5.. in Article 53, paragraph 1 is replaced by the following:
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1. Where appropriate Member States may fix the level of support provided for in Articles 31, 37 to 41, and 43 to 49 of Regulation (EC) No 1698/2005 on the basis of standard costs and standard assumptions of income foregone.Without prejudice to the applicable material and procedural State aid rules the first subparagraph also applies to investments associated with maintenance, restoration and upgrading of the natural heritage and with the development of high natural value sites as referred to in Article 57(a) of Regulation (EC) No 1698/2005.';
6.. Annexes II and VII are amended in accordance with the Annex to this Regulation.
Article 2 
In Article 17(1) of Regulation (EC) No 883/2006 the following second subparagraph is added:
'By way of derogation from the first subparagraph, for expenditure paid by Member States between 1 April and 31 December 2009, the Community contribution shall be calculated on the basis of the financing plan in force on the last day of the reference period.'.
Article 3 
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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 8 June 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.. in Annex II, A, point 6.3 is replaced by the following:
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6.3. Indicative budget related to operations referred to in Article 16a of Regulation (EC) 1698/2005 between 1 January 2009 and 31 December 2013 (Article 16a(3b) up to the amounts specified in Article 69(5a) of Regulation (EC) No 1698/2005).

Axis/measure EAFRD contribution for 2009-2013
Axis 1
Measure 111 …
Measure … …
Total Axis 1 …
Axis 2
Measure 211 …
Measure … …
Total Axis 2 …

Measure 311

Measure 321


— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005

Measure …
 …
Total Axis 3
— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005 …

Measure 411

Measure 413


— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005

Measure …
 …
Total Axis 4
— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005 …
Total programme 
Total under Axis 1, 2, 3 and 4 related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005 …
Total under Axis 3 and 4 related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005 '
2.. Annex VII, A is amended as follows:

((a)) in point 2, the second paragraph is replaced by the following:
'Each Member State receiving additional financial resources in accordance with Article 69(5a) of Regulation (EC) No 1698/2005 should include, for the first time in the annual report submitted in 2010, a separate chapter containing at least the same analysis as mentioned in the first paragraph as regards the operations related to the priorities mentioned in Article 16a(1) of that Regulation.';
((b)) point 3a is replaced by the following:
'
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 2009 to year N
Measure 111 … …
Measure …  
Total Axis 1 … …
Measure 211 … …
Measure …  
Total Axis 2 … …
Measure 311 … …
Measure 321
— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005  
Measure …  
Total Axis 3
— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005  …
Measure 411  …
Measure 413
— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005  
Measure …  
Total Axis 4
— Related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005
— Related to priorities listed in Article 16a(1), point (g) of Regulation (EC) No 1698/2005 … …
Total programmeTotal under Axis 1, 2, 3 and 4 related to priorities listed in Article 16a(1), points (a) to (f) of Regulation (EC) No 1698/2005Total under Axis 3 and 4 related to priorities listed in Article 16a(1) point (g) of Regulation (EC) No 1698/2005 … …
'
