{
  "url": "https://openlegislation.uk/eu-regulation-2004-864/annex",
  "json_url": "https://openlegislation.uk/eu-regulation-2004-864/annex.json",
  "legislation": "eur/2004/864",
  "legislation_title": "Council Regulation (EC) No 864/2004 of 29 April 2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2004-864",
  "path": "annex",
  "kind": "annex",
  "number": null,
  "heading": null,
  "text": "The Annexes are hereby amended as follows:\n1)) Annex I shall be replaced by the following:\n“ANNEX I\nList of support schemes fulfilling the criteria set out in Article 1\nStarting from 1 January 2005 or later in the case of application of Article 71.\nFor 2004, or later on in case of application of Article 71, the direct payments listed in Annex VI are included in Annex I except dried fodder and cotton.\nWhere Article 70 is applied.\nWhere Articles 66, 67, 68 or 68a are applied.\nWhere Article 69 is applied.\nWhere Article 71 is applied.\nSector\nLegal base\nNotes\nSingle payment\nTitle III of this Regulation\nDecoupled payment (see Annex VI)\nSingle area payment\nTitle IVa, Article 143b of this Regulation\nDecoupled payment replacing all the direct payments referred to in this Annex\nDurum wheat\nTitle IV, Chapter 1 of this Regulation\nArea aid (quality premium)\nProtein crop\nTitle IV, Chapter 2 of this Regulation\nArea aid\nRice\nTitle IV, Chapter 3 of this Regulation\nArea aid\nNuts\nTitle IV, Chapter 4 of this Regulation\nArea aid\nEnergy crops\nTitle IV, Chapter 5 of this Regulation\nArea aid\nStarch potato\nTitle IV, Chapter 6 of this Regulation\nProduction aid\nMilk and dairy Products\nTitle IV, Chapter 7 of this Regulation\nDairy premium and additional payment\nArable crop in Finland and in certain regions of Sweden\nTitle IV, Chapter 8 of this Regulation\nSpecific regional aid for arable crops\nSeeds\nTitle IV, Chapter 9 of this Regulation\nProduction aid\nArable crops\nTitle IV, Chapter 10 of this Regulation\nArea aid, including set-aside payments, grass silage payments, supplementary amounts, durum wheat supplement and special aid\nSheep and goats\nTitle IV, Chapter 11 of this Regulation\nEwe and she-goat premium, supplementary premium and certain additional payments\nBeef and veal\nTitle IV, Chapter 12 of this Regulation\nSpecial premium, deseasonalisation premium, suckler cow premium (including when paid for heifers and including the additional national suckler cow premium when co-financed), slaughter premium, extensification payment, additional payments\nGrain legumes\nTitle IV, Chapter 13 of this Regulation\nArea aid\nSpecific types of farming and quality production\nArticle 69 of this Regulation\nDried fodder\nArticle 71(2) second subparagraph of this Regulation\nSmall farmers' scheme\nArticle 2a Regulation (EC) No 1259/1999\nTransitional area aid for farmers receiving less than EUR 1 250\nOlive oil\nTitle IV, Chapter 10b of this Regulation\nArea aid\nSilkworms\nArticle 1 Regulation (EEC) No 845/72\nAid to encourage rearing\nBananas\nArticle 12 Regulation (EEC) No 404/93\nProduction aid\nDried grapes\nArticle 7(1) Regulation (EC) No 2201/96\nArea aid\nTobacco\nTitle IV, Chapter 10c of this Regulation\nProduction aid\nHops\nTitle IV, Chapter l0d of this Regulation\nArea aid\nPOSEIDOM\nArticles 9 , 12(2) and 16 Regulation (EC) No 1452/2001\nSectors: beef and veal; sugar; green vanilla\nPOSEIMA\nArticles 13 , 16, 17 and 28(1), 21, 22(2) to (4) and (7), 27, 29 and 30(1), (2) and (4) Regulation (EC) No 1453/2001\nSectors: beef and veal; milk; potatoes; sugar; wicker; pineapples, tobacco, seed potatoes, chicory and tea\nPOSEICAN\nArticles 5 , 9 and 14 Regulation (EC) No 1454/2001\nSectors: beef and veal, sheep and goat; potatoes\nAegean Islands\nArticles 6 , 8, 11 and 12 Regulation (EEC) No 2019/93\nSectors: beef and veal; potatoes; olives; honey\nCotton\nTitle IV, Chapter 10a of this Regulation\nArea aid\n”;\n2)) Annex II shall be replaced by the following:\n“ANNEX II\nNational ceilings referred to in Article 12(2)\nMIO EUR\nMember State\n2005\n2006\n2007\n2008\n2009\n2010\n2011\n2012\nBelgium\n4,7\n6,2\n7,7\n7,7\n7,7\n7,7\n7,7\n7,7\nDenmark\n7,7\n10,3\n12,9\n12,9\n12,9\n12,9\n12,9\n12,9\nGermany\n40,4\n54,6\n68,3\n68,3\n68,3\n68,3\n68,3\n68,3\nGreece\n45,4\n60,6\n75,7\n75,7\n75,7\n75,7\n75,7\n75,7\nSpain\n56,9\n76,5\n95,5\n95,5\n95,5\n95,5\n95,5\n95,5\nFrance\n51,4\n68,7\n85,9\n85,9\n85,9\n85,9\n85,9\n85,9\nIreland\n15,3\n20,4\n25,5\n25,5\n25,5\n25,5\n25,5\n25,5\nItaly\n62,3\n83,7\n104,6\n104,6\n104,6\n104,6\n104,6\n104,6\nLuxembourg\n0,2\n0,3\n0,4\n0,4\n0,4\n0,4\n0,4\n0,4\nNetherlands\n6,8\n9,2\n11,5\n11,5\n11,5\n11,5\n11,5\n11,5\nAustria\n12,4\n17,1\n21,3\n21,3\n21,3\n21,3\n21,3\n21,3\nPortugal\n10,8\n14,6\n18,2\n18,2\n18,2\n18,2\n18,2\n18,2\nFinland\n8,0\n10,8\n13,6\n13,6\n13,6\n13,6\n13,6\n13,6\nSweden\n6,6\n8,8\n11,0\n11,0\n11,0\n11,0\n11,0\n11,0\nUnited Kingdom\n17,7\n23,6\n29,5\n29,5\n29,5\n29,5\n29,5\n29,5\n”;\n2a)) Annex IV shall be amended as follows:\nThe last two indents of the second column shall be replaced by the following:\n“Retention of landscape features, including, where appropriate, the prohibition of the grubbing up of olive trees\nAvoiding the encroachment of unwanted vegetation on agricultural land\nMaintenance of olive groves in good vegetative condition.”;\n3)) Annex V shall be replaced by the following:\n“ANNEX V\nCompatible support schemes referred to in Article 26\nSector\nLegal base\nNotes\nDried grapes\nArticle 7(1)\nRegulation (EC) No 2201/96\nArea-related aid\nAgri-environment\nTitle II, chapter VI (Articles 22 to 24) and Article 55(3)\nRegulation (EC) No 1257/1999\nArea-related aid\nForestry\nArticle 31 and Article 55(3)\nRegulation (EC) No 1257/1999\nArea-related aid\nLess-favoured areas and areas with environmental restrictions\nTitle II, chapter V (Articles 13 to 21)and Article 55(3)\nRegulation (EC) No 1257/1999\nArea-related aid\nDried fodder\nArticles 10 and 11\nRegulation (EC) No 603/95\nProduction aid\nCitrus for processing\nArticle 1\nRegulation (EC) No 2202/96\nProduction aid\nTomatoes for processing\nArticle 2\nRegulation (EC) No 2201/96\nProduction aid\nWine\nArticles 11 to 15\nRegulation (EC) No 1493/1999\nRestructuring aid\n”;\n4)) the following rows shall be added to Annex VI:\n“\nCotton\nParagraph 3 of Protocol No 4 on cotton annexed to the Act of Accession of Greece\nSupport through the payment for unginned cotton\nOlive oil\nArticle 5\nRegulation 136/66/EEC\nProduction aid\nTobacco\nArticle 3\nRegulation (EEC) No 2075/92\nProduction aid\nHops\nArticle 12 of Regulation (EEC) No 1696/71\nArea aid\nArticle 2 of Regulation (EC) No 1098/98\nTemporary resting aid\n”;\n5)) the following shall be added to Annex VII:\n\"G.\nCotton\nWhere a farmer has declared areas sown under cotton, Member States shall calculate the amount to be included in the reference amount by multiplying the number of hectares, to two decimal places, which produced cotton that was granted aid pursuant to paragraph 3 of Protocol No 4 on cotton in each year of the reference period, by the following amounts per hectare:\nEUR 966 for Greece,\nEUR 1 509 for Spain,\nEUR 1 202 for Portugal.\nH.\nOlive oil\nWhere a farmer has received olive oil production aid, the amount shall be calculated by multiplying the number of tonnes for which such a payment has been granted in the reference period (i.e. respectively, in each of the marketing years 1999/2000, 2000/2001, 2001/2002 and 2002/2003) by the corresponding unit amount of aid, expressed in EUR/tonne, as fixed in Commission Regulations (EC) No 1415/2001, (EC) No 1271/2002, (EC) No 1221/2003 and (EC) No 1794/2003, and multiplied by a 0,6 coefficient. However, Member States may decide by 1 August 2005 to increase this coefficient. This coefficient shall not be applied to farmers whose average number of olive GIS-ha during the reference period, excluding the number of olive GIS-ha corresponding to additional trees planted outside any approved planting scheme after 1 May 1998, is less than 0.3. The number of olive GIS-ha shall be calculated by a common method to be established in accordance with the procedure referred to in Article 144(2) and on the basis of data from the geographic information system for olive cultivation.\nWhere the aid payments during the reference period have been affected by application of the measures laid down in Article 2(3) of Regulation (EEC) No 1638/98, the calculation mentioned in the third subparagraph shall be adjusted as follows:\nwhere the measures were applied to only one marketing year, the number of tonnes to be taken into account for the year concerned shall be equal to the number of tonnes for which aid would have been granted had the measures not been applied,\nwhere the measures were applied to two consecutive marketing years, the number of tonnes to be taken into account for the first year concerned shall be established in accordance with the first indent, and the number of tonnes to be taken into account for the following year shall be equal to the number of tonnes for which aid was granted in respect of the last marketing year before the reference period which has not been affected by an application of the said measures.\nMember States shall calculate the number of hectares to be included in the calculation of the single payment as the number of olive GIS-ha obtained by a common method to be established in accordance with the procedure referred to in Article 144(2) and on the basis of data from the geographic information system for olive cultivation, excluding the number of olive GIS-ha of additional trees planted outside an approved planting scheme after 1 May 1998, except for Cyprus and Malta, for which the date shall be 31 December 2001.\nI.\nRaw tobacco\nWhere a farmer has received a tobacco premium payment, the amount to be included in the reference amount shall be calculated by multiplying the three-year average number of kilograms from which such a payment was granted, by the weighted three-year average aid amount granted per kilogram, taking into account the total quantity of raw tobacco of all variety groups and multiplied by a 0.4 coefficient. Member States may decide to increase this coefficient.\nAs from 2010 the coefficient shall be 0.5.\nThe number of hectares to be included in calculation of the single payment shall correspond to the area indicated in the registered cultivation contracts for which the premium payment has been granted, respectively, in each year of the reference period, and within the limits of a base area to be fixed by the Commission on the basis of the total area as communicated to the Commission in accordance with Annex I, 1.3 of Commission Regulation (EC) No 2636/1999.\nWhere the aid payments during the reference period have been affected by an application of the measures laid down in Article 50 of Regulation (EEC) No 2848/98, the calculation mentioned in the third subparagraph shall be adjusted as follows:\nwhere the premium has been partly or totally reduced, the amounts of payment to be taken into account for the year concerned shall be equal to the amounts which would have been granted without the reduction,\nwhere the production quota has been partly or totally reduced, the amounts of payment to be taken into account for the year concerned shall be equal to the premium amounts that would have been granted in the preceding year, without the reduction of the premium, provided that the production area indicated in the last cultivation contract was not used for the cultivation of a crop eligible under any other direct support scheme in the year concerned.\nJ.\nHops\nWhere a farmer has received hops area aid or temporary resting aid, Member States shall calculate the amounts to be included in the reference amount by multiplying the number of hectares, to two decimal places, for which a payment has been granted, respectively, in each year of the reference period, by an amount of EUR 480 per hectare.;\n6)) Annex VIII shall be replaced by the following:\n“\"ANNEX VIII\nNational ceilings referred to in Article 41\nMIO EUR\nMember State\n2005\n2006\n2007, 2008 and 2009\n2010 and subsequent years\nBelgium\n411\n413\n530\n530\nDenmark\n838\n838\n996\n996\nGermany\n4489\n4503\n5492\n5496\nGreece\n837\n1700\n1722\n1760\nSpain\n3244\n4043\n4241\n4253\nFrance\n7199\n7231\n8091\n8099\nIreland\n1 136\n1 136\n1322\n1 322\nItaly\n2539\n3112\n3464\n3497\nLuxembourg\n27\n27\n37\n37\nNetherlands\n386\n386\n779\n779\nAustria\n613\n614\n712\n712\nPortugal\n452\n493\n559\n561\nFinland\n467\n467\n552\n552\nSweden\n612\n612\n729\n729\nUnited Kingdom\n3 351\n3 351\n3869\n3 869\n\";”;\n7)) Annex VIIIA shall replaced by the following:\n“\"ANNEX VIIIA\nNational ceilings referred to in Article 71c\nThe ceilings have been calculated taking account of the schedule of increments provided for in Article 143a, and therefore do not require to be reduced.\n(millions of euro)\nCalendar year\nCzech Republic\nEstonia\nCyprus\nLatvia\nLithuania\nHungary\nMalta\nPoland\nSlovenia\nSlovakia\n2005\n228,8\n23,4\n8,9\n33,9\n92,0\n350,8\n0,67\n724,6\n35,8\n97,7\n2006\n266,7\n27,3\n12,5\n39,6\n107,3\n420,2\n0,83\n881,7\n41,9\n115,4\n2007\n343,6\n40,4\n16,3\n55,6\n146,9\n508,3\n1,64\n1 140,8\n56,1\n146,6\n2008\n429,2\n50,5\n20,4\n69,5\n183,6\n634,9\n2,05\n1 425,9\n70,1\n183,2\n2009\n514,9\n60,5\n24,5\n83,4\n220,3\n761,6\n2,46\n1 711,0\n84,1\n219,7\n2010\n600,5\n70,6\n28,6\n97,3\n257,0\n888,2\n2,87\n1 996,1\n98,1\n256,2\n2011\n686,2\n80,7\n32,7\n111,2\n293,7\n1 014,9\n3,28\n2 281,1\n112,1\n292,8\n2012\n771,8\n90,8\n36,8\n125,1\n330,4\n1 141,5\n3,69\n2 566,2\n126,1\n329,3\nsubsequent years\n857,5\n100,9\n40,9\n139,0\n367,1\n1 268,2\n4,10\n2 851,3\n140,2\n365,9\n\"”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Starting from 1 January 2005 or later in the case of application of Article 71. For 2004, or later on in case of application of Article 71, the direct payments listed in Annex VI are included in Annex I except dried fodder and cotton."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Where Article 70 is applied."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Where Article 71 is applied."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Where Articles 66, 67, 68 or 68a are applied."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Where Article 69 is applied."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L291, 19.11,1979, p. 174."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L, 191, 13.7.2001, p. 10."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "OJ L 184, 13.7.2002, p. 5."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "OJ L 170, 9.7.2003, p. 8."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "OJ L 262, 14.10.2003, p. 11."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "OJ L 210, 28.7.1998, p. 32."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "OJ L 323, 15.12.1999, p. 4.”;"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2004/864/annex",
    "retrieved_at": "2026-11-01T14:55:33.489086+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}