{
  "url": "https://openlegislation.uk/eu-regulation-2005-1701/article-1",
  "json_url": "https://openlegislation.uk/eu-regulation-2005-1701/article-1.json",
  "legislation": "eur/2005/1701",
  "legislation_title": "Commission Regulation (EC) No 1701/2005 of 18 October 2005 amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2005-1701",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "Regulation (EC) No 795/2004 is amended as follows:\n1.. In Article 2, points (c) and (d) are replaced by the following:\n(c) ‘“permanent crops” shall mean non-rotational crops other than permanent pasture that occupy the land for five years or longer and yield repeated harvests, including nurseries as defined in point G/05 of Annex I to Commission Decision 2000/115/EC, and short rotation coppice (CN code ex 0602 90 41), with the exception of multiannual crops and nurseries of multiannual crops.\n(d) “multiannual crops” shall mean crops of the following products and the nurseries of such multiannual crops:\nCN code\n0709 10 00\nArtichokes\n0709 20 00\nAsparagus\n0709 90 90\nRhubarb\n0810 20\nRaspberries, blackberries, mulberries and loganberries\n0810 30\nBlack-, white- or redcurrants and gooseberries\n0810 40\nCranberries, bilberries and other fruits of the genus Vaccinium\n’\n2.. The following Article 3b is inserted:\n‘Eligibility\nArticle 3b 1. For the purpose of Article 44(2) of Regulation (EC) No 1782/2003, the following shall be considered as eligible hectares for the establishment and use of the payment entitlements:\n(a) the areas planted with short rotation coppice (CN code ex 0602 90 41), Miscanthus sinensis (CN code ex 0602 90 51) or Phalaris arundicea (Reed canary grass) between 30 April 2004 and 10 March 2005;\n(b) the areas planted with short rotation coppice (CN code ex 0602 90 41), Miscanthus sinensis (CN code ex 0602 90 51) or Phalaris arundicea (Reed canary grass) before 30 April 2004 and leased or acquired, between 30 April 2004 and 10 March 2005, in view of applying for the single payment scheme.\n2. For the purpose of Article 51 of Regulation (EC) No 1782/2003, set-aside land planted with permanent crops used for the purposes referred to in Article 55(b) of that Regulation and land planted with permanent crops and which are also subject to an application for the aid for energy crops provided for in Article 88 of that Regulation shall be considered as eligible hectares for the use of, respectively, set-aside entitlements and payment entitlements.\n3. For the purpose of Article 54(2) of Regulation (EC) No 1782/2003, set-aside land which was planted with permanent crops, to be used for the purposes referred to in Article 6(3) of Council Regulation (EC) No 1251/1999 and which was granted the area payment referred to in Article 2(2) of that Regulation for 2003 shall be considered as eligible hectares for the use of set-aside entitlements referred to in Article 53 of Regulation (EC) No 1782/2003.\n4. Without prejudice to Article 51 of Regulation (EC) No 1782/2003, for the purpose of Article 54(2) of that Regulation, land which was planted with multiannual crops, at the date provided for the area aid applications for 2003, shall be considered as eligible hectares for the use of set-aside entitlements referred to in Article 53 of that Regulation.\n5. Without prejudice to Article 60 of Regulation (EC) No 1782/2003, where a Member State makes use of the option referred to in Article 59 of that Regulation,\n(a) for the purpose of Article 63(2) of Regulation (EC) No 1782/2003 set-aside land which was planted with permanent crops, to be used for the purposes referred to in Article 6(3) of Regulation (EC) No 1251/1999 and which was granted the area payment referred to in Article 2(2) of that Regulation for 2003, shall be considered as eligible hectares for the establishment of set-aside entitlements;\n(b) for the purpose of Article 63(2) of Regulation (EC) No 1782/2003 land which is planted with permanent crops used for the purposes referred to in Article 55(b) of Regulation (EC) No 1782/2003 shall be considered as eligible hectares for the establishment of set-aside entitlements;\n(c) for the purpose of Article 59(4) of Regulation (EC) No 1782/2003 land planted with permanent crops and which is also subject to an application for the aid for energy crops provided for in Article 88 of Regulation (EC) No 1782/2003 shall be considered as eligible hectares for the establishment of payment entitlements;\n(d) for the purpose of Article 59(4) of Regulation (EC) No 1782/2003 land planted with multiannual crops, shall be considered as eligible hectares for the establishment of payment entitlements.\n6. The farmers concerned by the application in 2005 of paragraphs 2 to 5 of this Article may modify their single application within four weeks starting from 19 October 2005 or a date to be fixed by the Member States concerned.’\n3.. Article 48a is amended as follows:\n1.. Paragraph 4 is replaced by the following text:\n‘Any reference to Articles 58 and 59 or 58(1) and 59(1) of Regulation (EC) No 1782/2003 in Article 3b and Chapters 6 and 7 of this Regulation shall be construed as a reference to Article 71e of Regulation (EC) No 1782/2003’.\n2.. Paragraph 6 is replaced by the following text:\n‘Any reference to Article 60 of Regulation (EC) No 1782/2003 in Article 3b, Article 8(2), Article 9(1)(e), Article 41 and Article 50a of this Regulation shall be construed as a reference to Article 71g of Regulation (EC) No 1782/2003’.\n3.. Paragraph 7 is replaced by the following text:\n‘Any reference to Article 63(2) of Regulation (EC) No 1782/2003 in Articles 39, 43 and 48b of this Regulation shall be construed as a reference to Article 71j(2) of Regulation (EC) No 1782/2003’.\n4.. Paragraph 8 is replaced by the following text:\n‘Articles 3a, 3b(1), (3) and (4), 7, 10, 12 to 17, 27, 28, 30, 31, 31a, 40, 42, 45 to 46 and 49 shall not apply’.\n5.. A new Paragraph 10 is inserted as follows:\n‘Any reference to Article 59(4) of Regulation (EC) No 1782/2003 in Article 3b of this Regulation shall be construed as a reference to Article 71f(2) of Regulation (EC) No 1782/2003’.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 38, 12.2.2000, p. 1.’"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 160, 26.6.1999, p. 1.’"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2005/1701/article/1",
    "retrieved_at": "2026-11-01T14:54:15.169735+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."
}