
COMMISSION REGULATION (EC) No 889/2009 of 25 September 2009 amending Council Regulation (EC) No 73/2009 and establishing budgetary ceilings for 2009 for the partial or optional implementation of the Single Payment Scheme, provided for in Council Regulation (EC) No 1782/2003, the annual financial envelopes for the Single Area Payment Scheme and the budgetary ceilings applicable to transitional payments for fruit and vegetables and for specific support, provided for in Regulation (EC) No 73/2009 

THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, and in particular Articles 64(2) and 70(2) thereof,
Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006 and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, and in particular Article 8(2), Article 69(3), Article 87(3), Article 123(1), the second subparagraph of Article 128(1) and the second subparagraph of Article 128(2) thereof,
Whereas:

(1) Annex IV to Regulation (EC) No 73/2009 establishes, for each Member State, the ceilings which may not be exceeded by the total amounts of direct payments which may be awarded during a calendar year in the Member State concerned.

(2) In 2009, due to the reduction in its sugar quota, Spain requested the application of the support scheme for beetroot and sugar cane producers provided for in Section 7 of Chapter 1 of Title IV of Regulation (EC) No 73/2009. The ceilings established in Annex IV to that Regulation should therefore be amended with regard to Spain.

(3) In accordance with the first subparagraph of Article 146(1) of Regulation (EC) No 73/2009, Regulation (EC) No 1782/2003 was repealed as of 1 January 2009. However, some of its provisions continue to apply with regard to 2009.

(4) For Member States implementing, in 2009, the Single Payment Scheme provided for under Title III of Regulation (EC) No 1782/2003, the budgetary ceilings for each of the payments referred to in Articles 66 to 69 of that Regulation should be established for 2009 under the conditions laid down in Section 2 of Chapter 5 of Title III of Regulation (EC) No 1782/2003.

(5) For the Member States making use, in 2009, of the option provided for in Article 70 of Regulation (EC) No 1782/2003 and Article 87 of Regulation (EC) No 73/2009, the budgetary ceilings applicable to the direct payments excluded from the Single Payment Scheme should be fixed for 2009.

(6) For the sake of clarity, the 2009 budgetary ceilings for the Single Payment Scheme, after deduction of the ceilings established for the payments referred to in Articles 66 to 70 of Regulation (EC) No 1782/2003 and Article 87 of Regulation (EC) No 73/2009 from the ceilings given in Annex VIII to Regulation (EC) No 73/2009, should be published.

(7) For Member States implementing, in 2009, the Single Area Payment Scheme provided for in Chapter 2 of Title V of Regulation (EC) No 73/2009, the annual financial envelopes for 2009 should be established in accordance with Article 123(1) of that Regulation.

(8) For the sake of clarity, the maximum amount of funds available to Member States applying the Single Area Payment Scheme for granting separate sugar payments in 2009 under Article 126 of Regulation (EC) No 73/2009, established on the basis of their notification, should be published.

(9) For the sake of clarity, the maximum amount of funds available to Member States applying the Single Area Payment Scheme for granting separate fruit and vegetable payments in 2009 under Article 127 of Regulation (EC) No 73/2009, established on the basis of their notification, should be published.

(10) For Member States applying the Single Area Payment Scheme, the 2009 budgetary ceilings applicable to transitional payments for fruit and vegetables in accordance with Article 128(1) and (2) of Regulation (EC) No 73/2009, should be established on the basis of their notification.

(11) The 2009 budgetary ceilings applicable to the specific support provided for in Chapter 5 of Title III of Regulation (EC) No 73/2009 should be established, in accordance with Article 69(3) of that Regulation in respect of those Member States granting such support on the basis of Article 72(4) of that Regulation, as established on the basis of their notification.

(12) Regulation (EC) No 73/2009 should be amended accordingly.

(13) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,
HAS ADOPTED THIS REGULATION:

Article 1 
In Annex IV to Regulation (EC) No 73/2009, the sums relating to Spain for 2009 and subsequent years shall be replaced as follows:
'20095 043,720105 038,420115 021,020125 032,8'.
Article 2 

1. The budgetary ceilings for 2009 referred to in Articles 66 to 69 of Regulation (EC) No 1782/2003 are set out in Annex I to this Regulation.
2. The budgetary ceilings for 2009 referred to in Article 70(2) of Regulation (EC) No 1782/2003 and Article 87(3) of Regulation (EC) No 73/2009 are set out in Annex II to this Regulation.
3. The budgetary ceilings for the Single Payment Scheme for 2009 referred to in Title III of Regulation (EC) No 73/2009 are set out in Annex III to this Regulation.
4. The annual financial envelopes for 2009 referred to in Article 123(1) of Regulation (EC) No 73/2009 are set out in Annex IV to this Regulation.
5. The maximum amounts of funding available to the Czech Republic, Latvia, Lithuania, Hungary, Poland, Romania and Slovakia for granting the separate sugar payment for 2009, as referred to in Article 126(1) of Regulation (EC) No 73/2009, are set out in Annex V to this Regulation.
6. The maximum amounts of funding available to the Czech Republic, Hungary, Poland and Slovakia for granting the separate fruit and vegetable payment in 2009, as referred to in Article 127(1) of Regulation (EC) No 73/2009, are set out in Annex VI to this Regulation.
7. The budgetary ceilings for 2009 referred to in the second subparagraph of Article 128(1) and (2) of Regulation (EC) No 73/2009 are set out in Annex VII to this Regulation.
8. The budgetary ceilings for 2009 referred to in Article 69(3) of Regulation (EC) No 73/2009 are set out in Annex VIII to this Regulation.
Article 3 
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, 25 September 2009.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX I

BUDGETARY CEILINGS FOR DIRECT PAYMENTS TO BE GRANTED IN ACCORDANCE WITH ARTICLES 66 TO 69 OF REGULATION (EC) No 1782/20032009 calendar year(thousand EUR)
 BE DK DE EL ES FR IT NL AT PT SI FI SE UK
Arable crops area payments     372 670 1 154 046        
Durum wheat supplementary payment     42 025 14 820        
Suckler cow premium 77 565    261 153 734 416   70 578 78 695    
Additional suckler cow premium 19 389    26 000    99 9 462    
Special beef premium  33 085         7 557 24 420 37 446 
Slaughter premium, adults     47 175 101 248  62 200 17 348 8 657    
Slaughter premium, calves 6 384    560 79 472  40 300 5 085 946    
Sheep and goat premium  855   183 499     21 892 519 600  
Sheep premium      66 455        
Sheep and goat supplementary premium     55 795     7 184 178 200  
Sheep supplementary premium      19 572        
Aid for area under hops   2 277   98   27  149   
Tomatoes — Article 68b(1)    10 720 28 117 4 017 91 984   16 667    
Fruit and vegetables other than tomatoes — Article 68b(2)    17 920 93 733 43 152 9 700       
Article 69, all sectors             3 434 
Article 69, arable crops    47 323   141 712   1 878  5 840  
Article 69, rice          150    
Article 69, beef and veal    8 810 54 966  28 674   1 681 4 455 10 118  29 800
Article 69, sheep and goat meat    12 615   8 665   616    
Article 69, cotton     13 432         
Article 69, olive oil    22 196      5 658    
Article 69, tobacco    7 578 2 353         
Article 69, sugar    2 938 19 743  10 880   1 256    
Article 69, dairy products     19 763         
ANNEX II

BUDGETARY CEILINGS FOR DIRECT PAYMENTS TO BE GRANTED IN ACCORDANCE WITH ARTICLE 70 OF REGULATION (EC) No 1782/2003 AND ARTICLE 87 OF REGULATION (EC) No 73/20092009 calendar year(thousand EUR)
 Belgium Greece Spain France Italy Netherlands Portugal Finland
Article 87 of Regulation (EC) No 73/2009:
— Aid for seeds 1 397 1 400 10 347 2 310 13 321 726 272 1 150
Article 70(1)(b) of Regulation (EC) No 1782/2003:
— Arable crops payments   23     
— Grain legumes aid   1     
— Specific aid for rice    3 053    
— Tobacco aid       166 
— Dairy premiums       12 608 
— Additional payments to dairy producers       6 254 
ANNEX III

BUDGETARY CEILINGS FOR THE SINGLE PAYMENT SCHEME2009 calendar yearMember State (thousand EUR)
Belgium 509 444
Denmark 996 538
Germany 5 767 977
Ireland 1 335 268
Greece 2 249 213
Spain 3 626 688
France 6 184 896
Italy 3 838 239
Luxembourg 37 518
Malta 3 752
Netherlands 749 864
Austria 652 424
Portugal 434 709
Slovenia 75 084
Finland 524 473
Sweden 722 202
United Kingdom 3 956 095
ANNEX IV

ANNUAL FINANCIAL ENVELOPES FOR THE SINGLE AREA PAYMENT SCHEME2009 calendar yearMember State (thousand EUR)
Bulgaria 289 797
Czech Republic 517 895
Estonia 60 655
Cyprus 29 482
Latvia 83 723
Lithuania 221 622
Hungary 768 875
Poland 1 718 551
Romania 619 883
Slovakia 227 613
ANNEX V

MAXIMUM AMOUNT OF FUNDING AVAILABLE TO MEMBER STATES FOR GRANTING THE SEPARATE SUGAR PAYMENTS REFERRED TO IN ARTICLE 126 OF REGULATION (EC) No 73/20092009 calendar yearMember State (thousand EUR)
Czech Republic 44 245
Latvia 6 616
Lithuania 10 260
Hungary 41 010
Poland 159 392
Romania 3 536
Slovakia 17 712
ANNEX VI

MAXIMUM AMOUNT OF FUNDING AVAILABLE TO MEMBER STATES FOR GRANTING THE SEPARATE FRUIT AND VEGETABLE PAYMENTS REFERRED TO IN ARTICLE 127 OF REGULATION (EC) No 73/20092009 calendar yearMember State (thousand EUR)
Czech Republic 414
Hungary 4 756
Poland 6 715
Slovakia 516
ANNEX VII

BUDGETARY CEILINGS FOR TRANSITIONAL PAYMENTS IN THE FRUIT AND VEGETABLE SECTOR REFERRED TO IN ARTICLE 128 OF REGULATION (EC) No 73/20092009 calendar year(thousand EUR)
Member State Cyprus Romania Slovakia
Tomatoes — Article 128(1)  869 509
Fruit and vegetables other than tomatoes — Article 128(2) 4 478  
ANNEX VIII

BUDGETARY CEILINGS FOR SPECIFIC SUPPORT REFERRED TO IN ARTICLE 69(3) OF REGULATION (EC) No 73/20092009 calendar yearMember State (thousand EUR)
Ireland 7 000