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

1.. After Article 26 the following article 26a is inserted:
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Article 26a 

1. As concerns the implementation of Directive 2000/60/EC of the European Parliament and of the Council, types of operation eligible for support pursuant to Article 38 of Regulation (EC) No 1698/2005 shall not be eligible for support pursuant to Article 31 of that Regulation.
2. Support pursuant to Article 38(1) of Regulation (EC) No 1698/2005 linked to Directive 2000/60/EC shall be provided only with regard to the cost incurred and the income foregone that result from disadvantages related to specific requirements that:
(a) were introduced by Directive 2000/60/EC, are in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of that Directive and go beyond the measures required to implement other Union legislation for the protection of water;
(b) go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Articles 5 and 6 of Council Regulation (EC) No 73/2009 and in Annexes II and III to that Regulation;
(c) go beyond the level of protection of the Union legislation existing at the time Directive 2000/60/EC was adopted as laid down in Article 4(9) of Directive 2000/60/EC; and
(d) impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income.
3. As regards the amount of the annual support, the following conditions shall apply:
(a) The amount of support shall be fixed beyond a minimum level of 50 EUR per hectare of utilised agricultural area (hereinafter UAA).
(b) The maximum amount of support shall not exceed an amount of 200 EUR per hectare of UAA.By way of derogation from point (b) of the first subparagraph:
(a) The initial maximum amount of support for a period not exceeding five years shall not exceed an amount of 500 EUR per hectare of UAA;
(b) The maximum amounts may be increased taking account of specific circumstances to be justified in the rural development programmes.'
2.. Annex II is amended in accordance with the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 8 February 2010.
For the Commission
The President
José Manuel BARROSO
ANNEX

Point 5.3.2.1.3. of Annex II to Regulation (EC) No 1974/2006 is replaced by the following:
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5.3.2.1.3. 

— the areas designated to implement Directives 79/409/EEC, 92/43/EEC and 2000/60/EC and the obligations for farmers resulting from the corresponding national/regional management provisions; for each obligation linked to Directive 2000/60/EC, explanation of its environmental objective (e.g. to protect water courses from pesticide run off) and its relation to obligations under Directive 2000/60/EC (reference to the relevant point of Article 11.3 or to Article 11.4);
— for compensation linked to Directive 2000/60/EC,
((i)) indication of the corresponding specific requirements introduced by Directive 2000/60/EC, in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of Directive 2000/60/EC; and
((ii)) appropriate evidence that the foreseen compensation does not cover cost incurred and the income foregone resulting from disadvantages related to other Union legislation for the protection of water and to the statutory management requirements and the good agricultural and environmental conditions provided for in Articles 5 and 6 of Regulation (EC) No 73/2009;
— description of the methodology and the agronomic assumptions used as reference point for the calculations justifying additional costs and income foregone resulting from the disadvantages in the area concerned related to the implementation of Directives 79/409/EEC, 92/43/EEC and 2000/60/EC;
— amounts of support.
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