HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 44/2
EN
Official Journal of the European Union
15.2.2013
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 129/2013
of 14 February 2013
amending Regulation (EC) No 1121/2009 as regards the transitional national aid to be granted to the
farmers in 2013 and Regulation (EC) No 1122/2009 as regards the reduction related to the
voluntary adjustment of direct payments in 2013
THE EUROPEAN COMMISSION,
(3)
Regulations (EC) No 1121/2009 and (EC) No 1122/2009
should therefore be amended accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(4) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
Having regard to Council Regulation (EC) No 73/2009 of
Committee for Direct Payments,
19 January 2009 establishing common rules for direct
support schemes for farmers under the common agricultural
policy and establishing certain support schemes for farmers,
HAS ADOPTED THIS REGULATION:
amending Regulations (EC) No 1290/2005, (EC) No
247/2006, (EC) No 378/2007 and repealing Regulation (EC)
Article 1
No 1782/2003 ( 1 ), and in particular points (c) and (e) of
Article 142 thereof,
Amendment of Regulation (EC) No 1121/2009
Regulation (EC) No 1121/2009 is amended as follows:
Whereas:
(1) in Title III, the title of Chapter 2 is replaced by the
(1) In
accordance
with
Article
133a
of
Regulation
(EC)
No
following:
73/2009 as inserted by Regulation (EU) No 671/2012 of
the European Parliament and of the Council ( 2 ), certain
new Member States may grant a transitional national aid
‘Complementary national direct payments and transitional
in 2013 under the conditions applicable for the comple
national aid’;
mentary national direct payments. For that reason,
Chapter 2 of Title III of Commission Regulation (EC)
No 1121/2009 of 29 October 2009 laying down
(2) Article 91 is replaced by the following:
detailed rules for the application of Council Regulation
(EC) No 73/2009 as regards the support schemes for
‘Article 91
farmers provided for in Titles IV and V thereof ( 3 )
containing implementing rules for complementary
Coefficient of reduction
national direct payments should be amended in order
to take into account this transitional aid.
Where in a given sector the complementary national direct

payments or the transitional national aid would exceed the
maximum level authorised by the Commission in
(2) Article
10b
of
Regulation
(EC)
No
73/2009
as
inserted
accordance with Article 132(7) or 133a(5) of Regulation
by Regulation (EU) No 671/2012 provides for a
(EC) No 73/2009, the rate of complementary national
voluntary adjustment mechanism of direct payments in
direct payments or transitional national aid of the
respect of 2013. It is therefore appropriate to adapt
concerned sector shall be reduced proportionally by appli
Article 79(1) of Commission Regulation (EC) No
cation of a coefficient of reduction.’;
1122/2009 of 30 November 2009 laying down
detailed rules for the implementation of Council Regu
lation (EC) No 73/2009 as regards cross-compliance,
(3) Articles 93, 94 and 95 are replaced by the following:
modulation and the integrated administration and
control system, under the direct support schemes for
farmers provided for that Regulation, as well as for the
‘Article 93
implementation of Council Regulation (EC) No
Controls
1234/2007 as regards cross-compliance under the
support scheme provided for the wine sector (
New Member States shall apply appropriate control

4 ) accord
ingly.
measures in order to ensure that the conditions for the
granting of the complementary national direct payments
and the transitional national aid, as set out by the
( 1 ) OJ L 30, 31.1.2009, p. 16.
Commission authorisation granted in accordance with
( 2 ) OJ L 204, 31.7.2012, p. 11.
( 3 ) OJ L 316, 2.12.2009, p. 27.
Article 132(7) or 133a(5) of Regulation (EC) No 73/2009,
( 4 ) OJ L 316, 2.12.2009, p. 65.
are complied with.

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EN
15.2.2013 Official
Journal
of
the
European
Union
L
44/3
Article 94
Article 2
Annual report
Amendment of Regulation (EC) No 1122/2009
New Member States shall submit a report providing
In Article 79 of Regulation (EC) No 1122/2009, paragraph 1 is
information on the measures for the implementation of
replaced by the following:
the complementary national direct payments and the tran
sitional national aid before 30 June of the year following
their implementation. The report shall cover at least the
‘1. Reductions
due
to
the
modulation
provided
for
in
following:
Articles 7 and 10 of Regulation (EC) No 73/2009 and, as
the case may be, in Article 1 of Council Regulation (EC) No
(a) any changes in the situation affecting those payments;
378/2007 (*), and, for 2013, to the voluntary adjustment
(b) for each of those payments, the numbers of benefici
provided for in Article 10b of Regulation (EC) No 73/2009
aries, the total amount of national aid granted, the
as well as the reduction due to the financial discipline
hectares, the number of animals or other units of
provided for in Article 11 of Regulation (EC) No 73/2009
payment paid and the rate of the payment where
and the reduction provided for in Article 8(1) of that Regu
relevant;
lation, shall be applied to the sum of the payments from the
different support schemes listed in Annex I to Regulation
(c) a report on control measures applied in accordance with
(EC) No 73/2009 to which each farmer is entitled to, in
Article 93.
accordance with the procedure provided for in Article 78
of this Regulation.
Article 95
State aid
___________
Complementary national direct payments and transitional
(*) OJ L 95, 5.4.2007, p. 1.’.
national aid paid not in conformity with the authorisation
granted by the Commission in accordance with Articles
132(7) and 133a(5) of Regulation (EC) No 73/2009 shall
be considered as unlawful State aid within the meaning of
Article 3
Council Regulation (EC) No 659/1999 (*).
Entry into force
___________
This Regulation shall enter into force on the day following that
(*) OJ L 83, 27.3.1999, p. 1.’.
of 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, 14 February 2013.
For the Commission
The President
José Manuel BARROSO

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