Article 2 Amendments to Regulation (EC) No 1782/2003

Regulation (EC) No 1782/2003 as amended, including by the 2005 Act of Accession, and Regulation (EC) No 2011/2006 (Sugar and Seeds), is hereby amended as follows:

1. 1..

   In Article 33(1), point (a) shall be replaced by the following:

   1. (a)

      ‘they have been granted a payment in the reference period referred to in Article 38 under at least one of the support schemes referred to in Annex VI or, in the case of olive oil, in the marketing years referred to in the second subparagraph of Article 37(1), or, in the case of sugar beet, cane and chicory, if they have benefited from market support in the representative period referred to in point K of Annex VII, or, in the case of bananas, if they have benefited from compensation for loss of income in the representative period referred to in point L of Annex VII.’;

2. 2..

   In Article 37(1), the following subparagraph shall be added:

   ‘For bananas the reference amount shall be calculated and adjusted in accordance with point L of Annex VII.’;

3. 3..

   In Article 40, paragraph 2 shall be replaced by the following:

   ‘2.

   If the whole reference period was affected by the case of force majeure or exceptional circumstances, the Member State shall calculate the reference amount on the basis of the 1997 to 1999 period or, in case of sugar beet, cane and chicory on the basis of the closest marketing year prior to the representative period chosen in accordance with point K of Annex VII, or, in case of bananas on the basis of the closest marketing year prior to the representative period chosen in accordance with point L of Annex VII. In this case, paragraph 1 shall apply mutatis mutandis.’;

4. 4..

   In Article 43(2), point (a) shall be replaced by the following:

   1. (a)

      ‘in case of potato starch, dried fodder, seed, olive groves, and tobacco aids listed in Annex VII, the number of hectares whose production has been granted the aid in the reference period, as calculated in points B, D, F, H, I of Annex VII, in case of sugar beet, cane and chicory, the number of hectares as calculated in accordance with point 4 of point K of that Annex and in the case of bananas, the number of hectares as calculated in accordance with point L of that Annex;’;

5. 5..

   In Article 44(2), the second subparagraph, the words ‘or planted with bananas,’ shall be inserted after the words ‘or being under temporary resting obligation,’;

6. 6..

   In Article 51, point (a), the words ‘or bananas’ shall be added after the word ‘hops’ at the end;

7. 7..

   In Article 145, the following point shall be inserted after point (d)b):

   1. (d)c)

      ‘detailed rules relating to the inclusion of banana support into the Single Payment Scheme.’;

8. 8..

   Article 155 shall be replaced by the following:

   ‘Other transitional rules

   Article 155

   Further measures required to facilitate the transition from the arrangements provided for in the Regulations referred to in Articles 152 and 153, in Regulation (EC) No 1260/2001 and in Council Regulation (EEC) No 404/93^f1 to those established by this Regulation, notably those related to the application of Articles 4 and 5 and the Annex to Regulation (EC) No 1259/1999 and Article 6 of Regulation (EC) No 1251/1999 and from the provisions related to the improvement plans provided for in Regulation (EEC) No 1035/72 to those referred to in Articles 83 to 87 of this Regulation, may be adopted in accordance with the procedure referred to in Article 144(2) of this Regulation. Regulations and Articles referred to in Articles 152 and 153 shall continue to apply for the purpose of the establishment of the reference amounts referred to in Annex VII.’

9. 9..

   The Annexes shall be amended in accordance with the Annex to this Regulation.