# 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

EU Regulation No 889/2009 · adopted 25 September 2009

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

## Introductory text

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:

## 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:
2009 ‘5 043,7
2010 5 038,4
2011 5 021,0
2012 5 032,8’.

## 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.

## 3 

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

## Signature

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 1782/2003
2009 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 73/2009
2009 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 SCHEME
2009 calendar year
Member 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 SCHEME
2009 calendar year
Member 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 73/2009
2009 calendar year
Member 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 73/2009
2009 calendar year
Member 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 73/2009
2009 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 73/2009
2009 calendar year
Member State
(thousand EUR)
Ireland
7 000

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Source: https://www.legislation.gov.uk/eur/2009/889 (the official version)
Page: https://openlegislation.uk/eu-regulation-2009-889
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.