Select Committee on Environment, Food and Rural Affairs Minutes of Evidence


Memorandum submitted by the Department for Environment, Food and Rural Affairs

AGRICULTURE AND EU ENLARGEMENT

INTRODUCTION

  1.  This memorandum provides Defra's written evidence to the EFRA Committee's inquiry into Agriculture and EU Enlargement. It is divided into three sections. The first section sets out briefly the current state of agricultural production in the accession states. The second covers transitional arrangements and the likely effect of CAP reform on accession states. The third looks at the impact of enlargement on the agricultural markets of the EU as currently constituted.

SECTION 1

STATE OF AGRICULTURAL PRODUCTION IN THE ACCESSION STATES

  2.  Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia (the AC 10) will join the EU on 1 May 2004. In general agriculture plays a larger part in their economies than in the EU15.[1] However there are significant variations between individual states. For example in Poland, almost 20% of the labour force is employed in agriculture compared with only 4.9% in the Czech Republic, a figure close to the EU15 average and significantly below that of Greece (16%). (See Annex A).

  3.  In view of these wide variations it is difficult to make general statements about agricultural sectors in the AC 10 or about the impact enlargement will have on them and on the wider EU market. Nevertheless there are a number of characteristics common to most of the central and eastern European countries, most notably the:

    —  structure of land holdings;

    —  extent of over-employment in agriculture; and

    —  low levels of productivity.

  4.  The structure of land holdings tends to be bipolar. There are a large number of very small semi-subsistence holdings, with weak connections to markets and very low labour productivity. There are also very large holdings which have been created out of collectives or state farms. They tend to have higher productivity than the semi-subsistence sector but still lower than the EU. Their reliance on informal rental agreements where land restitution has created a fragmented ownership structure has limited their ability to access capital markets.

  5.  In a number of these countries there are very high levels of employment in agriculture. This reflects the low opportunity cost of labour due to the lack of demand in other sectors of the economy. Over-employment in agriculture has however provided an important social function during the period of transition and has thus facilitated adjustment. Increasing productivity and the reduction in employment in EU15 agriculture took place gradually as employment in other sectors expanded. Similarly growth in other sectors of the economies in the new member states will be an important determinant of the level of employment in, and the future structure of, the agricultural sector.

  6.  Productivity in the agricultural sector is much lower than in the EU15. This is a consequence, amongst other things of the low levels of capital investment. Barriers to increased investment include the very low profitability of agricultural production and the fact that informal rental agreements are an important aspect of land tenure which implies low levels of security for loans.

SECTION 2

EXTENSION OF THE CAP TO THE NEW MEMBER STATES: TRANSITIONAL ARRANGEMENTS

  7.  In becoming members of the EU, the new member states have agreed to take on the full body of EU law, except where (as in previous accessions) transitional periods have been agreed. Transition periods for agriculture are set out in Annexes B-D. The principal transitional measures include:

    —  the gradual phasing in of direct payments and enhanced rural development measures;

    —  CAP scheme and special state aid provisions; and

    —  transitional periods for agri-food establishments and for hen cages.

Direct payments and rural development

  8.  Direct payments to farmers will be phased in for new member states starting at 25% of EU15 levels in 2004, rising to 100% in 2013.

  9.  New member states have the opportunity to top up these rates by a further 30% drawn mostly from national funds. They also have the option to use a simplified system for making payments, the Single Area Payment Scheme (SAPS), involving flat rate area payments, decoupled from production, for up to five years after accession.

  10.  Between 2004-06 special rural development provisions are available to new member states.to make the uptake of normal rural development measures easier and provide additional support for their farmers to adapt. Country-specific transitional measures have also been agreed.

CAP scheme and special state aid provisions

  11.  A number of CAP scheme and special state aid provisions were negotiated, including a special production reserve for milk quotas and a one year transition for two states for individual milk quotas. There are also arrangements for degressive national aids, most extensively in Malta, Cyprus and Latvia.

Agri-food

  12.  The new member states have undertaken to apply all food safety and veterinary rules and to have appropriate control mechanisms in place. However a number of time-limited and tightly controlled transitional measures have been agreed for six states to allow individual agri-food premises more time to correct specified structural defects.

  13.  All agri-food establishments in transition are specified individually along with their shortcomings and must follow a planned upgrading programme. Crucially, products from transition establishments must be specially marked and cannot enter the single market. Provisions for similar arrangements exist within the current acquis; certain produce can be excluded from the single market and sold on national markets only.

  14.  A number of other transitional periods have been agreed including raw milk quality, the use of non-EU compliant milk in EU compliant dairies, two animal waste plants, hen cages, and for a temporary Border Inspection Post at the Hungarian/Romanian border.

Assessment of the impact of transition periods

  15.  Transition periods have been a feature of every EU enlargement. Their principal effect is to permit accession to take place, whilst allowing new states more time to adapt to the single market. They are exceptional, and are limited in both time and scope.

  16.  For this accession, the generally lower competitiveness, unfavourable farm structure in most of the AC10 and in particular the large number of small farms and the existence of semi-subsistence farming combined with the presence of an emerging commercial farming sector, posed a range of administrative and economic dilemmas for the extension of the CAP. The phasing in of direct payments on the one hand, and the enhanced transitional rural development provisions on the other, are designed to permit the CAP to be extended to the new member states as smoothly as possible and in a way that allows time for restructuring.

  17.  Significant direct payments to farmers could have led to considerable income disparities and social distortions in rural societies. The phasing in of direct payments is intended to avoid this and to avoid reducing the incentive to restructure. The sudden introduction of high levels of payments would have been likely to freeze existing farming structures, particularly in the case of subsistence farming where there would be little incentive to invest direct payments in production, consolidation or alternative activities. At the same time, the new member states have access to more favourable rural development provisions, designed to aid restructuring with beneficial co-financing terms and measures to support "meeting standards" and for semi-subsistence farmers while they restructure. In addition budget allocations have been calculated on a rational basis, and amount to over half (

5.1 million) of agricultural commitments for the AC10 in the 2004-06 period.

  18.  However, the structure of agriculture and support arrangements in some AC10 states is closer to the EU15 than the AC10 average. The provision for national top-ups to direct payments is designed to prevent any fall in support on accession. Under the CAP as it stands, it would be possible for payments to farmers to reach parity with the EU 15 by 2010 (70% phased in direct payments +30% top-ups). Slovenia (which already supports its farmers at close to EU15 levels) could reach parity in 2007.

  19.  Similarly the agri-food and hen cage provisions are designed to give AC10 farmers and agri-businesses more time to adapt to the change from pre-accession to EU requirements. In order to maintain EU15 food safety during transition, agri-food transition establishments cannot trade on the single market. Without a transition period such establishments would have to close on accession, so transition periods enable them to continue to operate while upgrading to EU standards, whilst maintaining current levels of protection for animal and human health. However to the extent that they currently export to non EU15 states some market loss might occur during the transition period.

  20.  The new member states have to satisfy the Commission and others that they can maintain EU standards and protection and they are meeting the requirements in the acquis. The Commission has set out progress in its Comprehensive Monitoring Report and strategy paper published in November. In this regard the Commission has highlighted a number of areas where serious efforts are needed, summarised at Annex E, including the agri-food sector. The Commission plans to review the situation in February. If conditions are not met safeguard clauses designed to protect the single market could be introduced. In addition there is a general economic safeguard clause (as for the last accession) which could be triggered should serious economic difficulties arise. In general safeguards could last for up to three years after accession.

EXTENSION OF THE CAP TO NEW MEMBER STATES: CAP REFORM

  21.  Since April 2003, the AC10 have been able to participate in discussions in Brussels—including the CAP reform negotiations—as active observers. They have the right to speak and make their views known, but cannot vote (until May 2004).

  22.  The implications of the CAP reform (see Annex F) are relatively modest for the AC10. The most significant part of the CAP reform was decoupling direct payments from production through the creation of the Single Payment Scheme (SPS) and the introduction instead of cross compliance with environment and animal health and welfare standards. A similar scheme to the SPS is available in the new member states in the initial period after accession, the Single Area Payment Scheme[2] (paragraph 9 above and Annex B refer). At the time of writing most of the AC10 countries[3]are expected to introduce the Single Area Payment Scheme.

  23.  Decoupling in the EU15 is expected to have a significant impact on production. This is because direct payments were introduced as compensation for reductions in market price support and entitlement for the volume of direct payment (head of stock, acres of crops) was established on the basis of the inflated volumes of production engendered by that market price support. The direct payments subsequently inhibited a reduction in the area of crops (though not yields) and a reduction in the number of stock in response to the price reduction because planting a crop or keeping the livestock was necessary to receive the direct payment. Decoupling these direct payments from production will finally facilitate the full response to the previous reduction in market price support.

  24.  In contrast, in the AC10, the volume of entitlement for direct payments were, largely, set on the basis of current production for which support is generally lower than the EU15 (with the exception of Slovenia). Thus, the difference between what we would have expected to happen to production when the IACS system was eventually applied to the AC10 and what will occur post CAP reform is relatively minor.

  25.  Decoupling does however mean that these countries will not be required to carry out the full range of IACS checks and this will have positive budgetary implications and will also help the AC10 direct resources to other administrative requirements.

  26.  Other reforms are less significant. However the decision in the CAP reform agreement to abolish rye intervention and therefore the lower market returns from this crop could have an impact on the balance of future cropping in Poland.

  27.  At the time of writing the Commission has proposed a number of technical adjustments for extending the reformed CAP to the AC10, including the requirement that they must apply the SPS on a regional basis (since they do not have a record of EU payments during the reference period) and simpler provisions for national top-ups.[4] New member states would remain exempt from modulation, and also remain exempt from the financial discipline mechanism while direct payments were being phased in. Full cross compliance would apply, except where an individual member state has a transitional period for one of the standards concerned.[5] The Commission also proposes replacing the temporary rural development measure aiding compliance with community standards with the general CAP reform "meeting standards" measure available to all member states, to avoid an overlap. AC10 states applying the SAPS would have to move directly from that to the new SPS.

  28.  The Copenhagen accession commitments for market support and direct payments (heading 1a) for the 2004-06 period totalled

4,682 million at 1999 prices, or

5,316 million at current prices. The Commission estimates that the CAP reform agreement will reduce expenditure in the new member states by a total of

47.6 million (current prices) during the same period.

  29.  The proposals for further reforms, to the tobacco, olive, cotton and hops sectors, are expected to have a relatively minor impact on the AC10. The lack of significant production of cotton in the AC10 countries suggests that they will be unaffected by the change to the cotton regime. In the case of tobacco, hops and olive oil the substance of the proposals constitute a substantial decoupling of production subsidy. The basic production parameters for the new payments should reflect the accession agreements. Again, all AC10 states have been able to participate as active observers and contribute to the discussion of these proposals in Brussels. Sugar reform is on a slower track. At the time of writing Commission proposals are not expected until mid-2004 and decisions are likely to be taken by the EU 25 as a whole.

SECTION 3

IMPACT OF ENLARGEMENT ON THE AGRICULTURAL PRODUCT MARKETS OF EUROPE

  30.  The extension of the CAP to the accession countries will provide, on average, slightly higher prices for those producers. The increase in prices will however be smaller than appears to be the case from the gross differences, as some of the AC10 products tend to be of lower quality. The price effect would be expected to stimulate production and to have a negative impact on consumption. The CAP will also impose higher product standards and this will force AC10 producers to improve product specification or face exclusion from the market.

  31.  AC10 producers will also benefit from the new income stream represented by the direct payments. As a result of CAP reform these payments will remain decoupled and are likely to feed into consumption rather than directly affect production. However, the relatively poor development of capital markets in some of these countries suggests that the direct payments may also have an effect on investment. There may thus be two opposing effects from the direct payment: they may serve to sustain the current semi-subsistence sector by improving incomes; at the same time they may improve the availability of investment finance for restructuring, although unlike rural development or structural funding governments cannot control the use to which direct payments are put. Any investment effect will be dampened as the payments become capitalised in land prices.

  32.  AC10 producers will also benefit from Rural Development funds which should assist in restructuring the sector.

  33.  The European Commission has published estimates of the impact of enlargement on agricultural production and consumption in different sectors under an Agenda 2000 scenario. These estimates suggested that the acceding countries would contribute a marketable surplus (the difference between production and consumption) in a number of sectors.

  34.  In the cereals sector the increase in Rye production in Poland contributed a significant part of the increase in the marketable surplus. They estimate an increase in marketable surplus in the beef sector and declines in the market price though they expect structural surpluses to be avoided. In the milk sector market surplus for both butter and skim milk powder would keep prices under pressure.

  35.  However the prospects on these markets will have improved significantly as a result of the CAP reform agreement. In particular decoupling of direct payments, the further reduction in the price of butter and the abolition of intervention for Rye will reduce the extent of market surpluses. Quantitative estimates of the impact of the actual agreement are not yet available and in addition national decisions on the elements of the agreement with national discretion have not yet been finalised. However, the estimates in respect of the January proposals in the Commission's Impact Assessment give a reasonable indication of the likely effect.

  36.  The estimates are for a decline in cereals production in EU25 of around 3% relative to the Agenda 2000 baseline and a corresponding fall in marketable surplus of around 9%. In the beef sector production is expected to decline by around 6% relative to the Agenda 2000 baseline with a marginal effect on the marketable surplus.

  37.  Enlargement could also give rise to an indirect impact, through the need to provide compensation to third countries under GATT Article 24.6 as a result of higher EU tariffs. The Commission will need to determine which AC10 tariffs are likely to increase as a result of joining the EU and will then have to offer compensation for loss of market share to the third countries involved. This could result in tariff-reduced quotas to guarantee the continuation of previous import quantities. At the time of writing it is not possible to say what, if any, impact this would have on the EU market.

  38.  Defra has commissioned research to analyse the effects of enlargement on EU and UK markets over the period to full CAP implementation. It examines the impact of accession on production, consumption and market balances in the acceding countries and the consequent impact on trade between these countries, the EU and the UK. It will also consider the trade in processed goods and the potential for UK food processors which the new member states' markets could represent.

  39.  An important theme of the research project is to examine the potential for productivity improvements in the accession countries. The extent of any productivity improvement would have considerable implications for EU markets.

Department for Environment, Food and Rural Affairs

December 2003

Annex A

STRUCTURE OF AGRICULTURE

  1.  The ten countries which comprise the current EU enlargement are of significantly different magnitudes. The largest, Poland, has a population of around 38 million whilst the smallest, Malta, has a population of around 400,000. Income levels vary across the countries and are well below the average level of the EU15: GDP per capita (at purchasing parity) ranges from 74% of the EU level in Slovenia to 35% in Latvia. Table 1 illustrates some basic characteristics of the accession countries' agricultural sectors.

Table 1: Basic Agricultural Data
Utilised
agricultural
area
(1,000 ha)
UAA
(as % of
total
land)
Number of
holdings
'000 (2000)
UAA per
holding
(2000)
Employment
in agri-
culture
(1)
'000 (2001)
Ag.
Employ-
ment share
of total
(2002)
(%)
(2)
Share of
agriculture
in GDP
(GVA/
GDP)
(%)
EU-15128,30540 6,76618.76,701 4.2 (3) 1.7
UK15,79965 23367.7390 1.4 (3) 0.6
CC-1038,32752 3,871 13.2 (3) 3.1
Czech Republic4,28054 3,8501.1228 4.91.7
Estonia89120 5511.643 6.53.2
Cyprus14315 2190.714 5.33.9
Latvia2,48538 9562.6145 15.33.0
Lithuania3,48753 245 18.63.1
Hungary5,85363 3,7401.6235 6.03.8
Malta1238 32.3 (3) 2.2
Poland18,24658 12,2641.52,736 19.63.1
Slovenia48624 6950.790 9.72.0
Slovakia2,44450 1,5771.5132 6.61.9
Sources: European Commission (Eurostat and Directorate-General for Agriculture), FAO and UNSO

(1) Includes forestry, hunting and fishing sector

(2) Share in employed civilian working population

(3) 2001


  2.  In terms of their agricultural sectors the group of entrants are dominated by a relatively few countries. Poland contributed around half of the total gross value added in agriculture in the ten countries in 2001, Hungary contributed just under 20% and the Czech Republic just under 10%. Thus, these three countries accounted for approximately 80% of agricultural gross value added for the group. The following paragraphs provide more detailed information on the agricultural sectors of the three countries drawing on the Agricultural Situation reports published by the European Commission.

POLAND

  3.  Poland has 18.2 million hectares of Utilised Agricultural Area (UAA). This represents 58% of the total area of the country and around 11% of the total UAA in an enlarged EU. Employment in agriculture, fisheries and forestry is 2.7 million people (or almost 20% of the working population). This will represent the largest agricultural labour force of any member state in the EU-25.

  4.  Agriculture has declined in importance in terms of contribution to GDP from 8% in 1990 to 3.1% in 2001.

  5.  Poland has around 2 million agricultural holdings and a high share of subsistence or semi-subsistence holdings. At the other end of the scale, about 1800 holdings (0.1%) were co-operative/public—but represented a 10.5% share of total UAA (in 1997).

  6.  Table P1 illustrates the distribution of agricultural holdings by absolute quantity and size. 80% of farms are under 10 ha but these represent less than 45% of the land.

Table P1: Structure of farming
Size BandNumber of holdings by size '000 %
1-2 ha448.223.8
2-5 ha613.632.6
5-10 ha447.723.8
10-15 ha185.79.9
15+ ha185.79.9
Total1,880.9100
Area by farm size '000 ha %
1-2 ha6444.8
2-5 ha1,98714.7
5-10 ha3,18223.6
10-15 ha2,24616.6
15+ ha5,44940.3
Total13,510100
Source: European Commission; Agricultural Situation in the Candidate Countries


  7.  About 77% of farms represent traditional mixed farms which keep livestock with a low degree of specialisation in animal production mainly due to a high degree of subsistence and semi-subsistence farming.

Key Commodities

  8.  The most important products (measured as value of agricultural output) in the years 1998-2000 are cereals (18%), vegetables (7.4%), potatoes (6.9%), fruits (6.3%). For animal production milk accounts for 13.6%, pork for 18.7% and eggs and poultry together for 8.8%. Table P2 represents these products as shares of Polish production and compared to the EU15.

  9.  In an enlarged EU the most significant products would be rye and triticale, a close substitute for rye.

Table P2: Product share of the average value of production (1998-2000)
Products% of total agricultural
production
% of EU-15 sector
production
Cereals18 12
Wheat89
      Barley2.3 6.6
      Maize0.4 1.4
      Oat2.8 20.7
      Rye3 87
      Triticale and other cereals 1.489
Rapeseeds1.88.8
Sugar beet2.911.6
Vegetables7.411
Potatoes6.952
Fruits6.311.9
Milk13.610
Beef4.35.7
Pork18.712
Eggs3.47.7
Poultry5.46.3
Sheep meat0.10.4
Source Eurostat


  10.  The transition has shifted production towards crop production. Milk and beef production is restructuring and is losing importance compared to pork and poultry production. During 1990-2000 the number of dairy cows declined by 35% and beef and veal production declined by 53%. On the other hand, over the same period, poultry production increased by 65%.

HUNGARY

  11.  Hungary will add 5.8 million hectares of UAA to the EU. This represents 62.9% of Hungary's total land (the highest of any accession country).

  12.  Hungary's land privatisation programme has generated a great diversity in the legal status, size and ownership of agricultural holdings. The majority are nearly one million private holdings with an average size of 4 hectares. These farms cultivate around 60% of the agricultural area. The 8,382 corporate farms (0.87% of total holdings) cultivate a share of 40.5% of the land. Individual farms are shrinking in number.

Table H1: Structure of Farming 2000
Size Band<10 10-5050-100 100+Total
Number of holdings '000
909.9 44.65.47.2 967.1
%94.14.6 0.60.7100
Area cultivated '000 ha1,308.3 1,371.9507.73,259.7 6,447.6
%20.321.3 7.950.5100
Source: Farm structure in the CEE Candidate Countries—Synthesis report


Key commodities

  13.  Agricultural production has declined over the last decade by about 25% in value relative to 1990. Since 1995 there has been a clear shift towards crop production. The agricultural area devoted to cereals has increased from 46.3% (1992), 48.1% (2000) to 59% in 2001. Maize is the dominant crop in cereal production accounting for 44.2% of the total cereal area and a 9.4% share in the value of production.

  14.  The most important products measured by their share of the value of agricultural output in the years 1998-99 are cereals (17.6%), vegetables (11.2%), fruits (7.5%), oilseeds (4.5%) and potatoes (3.7%). Milk and beef together accounts for 12.6%, pork for 15.8% and eggs and poultry together for 13.6% of agricultural output.

  15.  During 1990-2000 the number of dairy cows declined by 18%, milk production by 7%. Over a similar period beef and veal production has declined by 68% while cattle stocks declined by 40%. A decline in sheep stocks and sheep meat production was also observed. In contrast poultry meat production increased by 25%.

Table H2: Share of the average value of production (1998-99)
Products% of total
agricultural production
% of EU15
sector production
Cereals17.66
    Wheat5.93.8
    Barley1.5 2.1
    Maize9.416.3
    Oat0.22.0
    Rye0.11.7
    Other cereals0.5 4.8
Rapeseeds1.01.5
Sunflower seeds3.519
Sugar beet2.3
Vegetables11.23
Potatoes3.73
Fruits7.57.1
Milk10.31.7
Beef2.30.8
Pork15.84.1
Eggs3.33.5
Poultry10.34.6
Sheep meat0.71.0
Source: Eurostat

THE CZECH REPUBLIC

  16.  The Czech Republic will add an additional 4.3 million hectares of agricultural land to the EU.

  17.  Over the transition period animal production has decreased in importance in terms of production value in parallel with an ongoing shift towards crop production.

  18.  The most important crops measured by their share of the value of agricultural output in 1998 and 1999 were cereals (20%), rapeseeds (5%) and potatoes (4%). For animal products milk and beef together accounts for 28%, pork for 16% and eggs and poultry together for almost 8%.

CR1: % share in the value of agricultural production (1998-99)
Products% of total agricultural
production
% of EU15 sector
production
Cereals20.13
        Wheat12.2 4.1
        Barley5.8 3.8
        Maize0.8 0.6
        Oat0.4 2.4
        Rye0.7 3
        Other cereals0.2 2
Rapeseeds5.07.3
Sunflower seeds0.4
Vegetables1.91
Potatoes4.03
Fruits1.72.1
Milk20.61.8
Beef7.52
Pork16.12.7
Eggs3.13.5
Poultry4.62.3
Sheep meat0.050.1
Source: Eurostat


Annex B

TRANSITIONAL ARRANGEMENTS: DIRECT PAYMENTS AND RURAL DEVELOPMENT

Direct payments

    —  Direct payments for the new member states will be phased in at 25% of EU15 levels in 2004, increasing by 5% and then (from 2007) 10% each year to reach 100% of the level of direct payments then applicable in the EU15.

    —  In addition the new member states can make top-up payments equivalent to a further 30% of the EU15 level. Alternatively they can top up to maintain the overall level of support farmers would have been entitled to under domestic (CAP-like) schemes before accession (2003), increased by 10 percentage points. This cannot result in a level higher than 100% of EU15 levels of direct payments.

    —  Slight variants apply to Cyprus, which can top up to the 2001 Cypriot support level, and Lithuania (to 2002 levels); and to the Czech Republic (which can top up to 100% for potato starch) and Slovenia, which can top up to 2003 levels increased by 10% in 2004, 15% in 2005, 20% in 2006 and 25% from 2007.

    —  Most of the top-ups are intended to be nationally funded, but for the 2004-06 period only, the new member states may use up to 20% of their rural development allocation to finance top-ups to 40% of EU15 levels. Alternatively they can use up to 25% in 2004, 20% in 2005 and 15% in 2006, again subject to the 40% ceiling.

Single Area Payment Scheme

    —  On accession the new member states have the option of a temporary, decoupled flat rate payment per hectare of agricultural land (Single Area Payment Scheme (SAPS)) until the end of 2006, renewable twice by one year (ie up to end 2008). This would be applicable for all utilised agricultural area, irrespective of production, provided that the land is kept in good agricultural condition compatible with the protection of the environment. The total amount of money (annual financial envelope) available in each new member state would be equal to the total it would receive under the EU15 direct payment scheme, calculated according to EU rules and supply controls set out in the Act of Accession, and subject to the phase in percentages.

Rural Development

    —  The new member states have access to special rural development provisions in the 2004-2006 period designed to make uptake of normal rural development measures easier. In addition to the normal provisions it contains:

    —  differentiated appropriations to allow more time between commitments and payments on the model of structural funds;

    —  higher maximum proportions of EU to national money (80:20) in Objective 1 areas;

    —  a temporary income support for semi-subsistence farms while they restructure to ensure their commercial future (a flat rate of

    1,000 per farm (

    1,250 per farm in Poland).

    —  technical assistance to ensure the smooth transition from pre-accession SAPARD to the rural development acquis;

    —  some general adaptations eg in respect of eligibility criteria;

    —  measures to help farmers to meet costs for compliance with EU standards (eg environmental, food safety and animal welfare).

    —  Certain country-specific rural development transitional measures have been agreed for Estonia (afforestation); Lithuania (early retirement for dairy farmers) and for Malta (various, designed to assist Malta to adapt to increased competition within the single market).

Proposed changes to these provisions

  At the time of writing, Commission proposals to adapt the Act of Accession to take account of CAP reform, and to amend the CAP reform horizontal regulation 1782/2003, include:

Single Area Payment Scheme

    —  As from 1 January 2005, the cross compliance requirement to keep land in good agricultural and environmental condition would apply. Other Single Payment Scheme cross compliance provisions would not be mandatory, given the temporary nature of the simplified Single Area Payment Scheme.

Single Payment Scheme and Cross Compliance

    —  The Commission notes that all cross compliance provisions would apply to new member states as soon as they adopted the Single Payment Scheme, except where an individual state has a transition period. Such transition periods include:

    —  A geographical exception for the strict protection of lynxes under Article 15 of the Habitats Directive 92/43 has been granted to Estonia, for review by May 2009;

    —  Malta has a transition period for certain provisions of Articles 5 and 8 of Directive 79/409 on the conservation of wild birds, enabling Malta to continue trapping of seven finch species until end 2008.

Rural Development

    —  Replacing the "compliance with Community standards measure with the general "meeting standards" measure available to all member states to avoid and overlap.

Annex C

CAP AND STATE AID TRANSITION ARRANGEMENTS

1.   Milk

    —  Milk quotas—All new member states except Malta and Cyprus have a special restructuring reserve amount to not more than 3.5% of 1998-2000 production. To the extent that there is a switch from on-farm consumption of milk and milk products to production for the market in the new member state, this reserve will be released by the Commission (under management committee procedure) on 1 April 2006.
Quota 2004
(t)% reserve of Reserve
total production (t)
1998-2000
CY145,2000 -
CZ2,682,1432 55,787
EE624,4833 21,885
HU1,947,2802 42,780
LV695,3953.5 33,253
LT1,646,9393 57,900
MT48,6980 -
PL8,964,0173.5 416,126
SK1,013,3162.5 27,472
SL560,4242.5 16,214
Total18,327,897 671,417



    —  One year transition period for Poland and Slovenia for the allocation of milk quota to individual producers and an associated exemption from the payment of additional levies in the first quota year.

    —  Cyprus, Hungary, Latvia, Lithuania, Malta and Poland have a five-year transition period for the marketing of drinking milk which does not comply with EU fat content requirements. Such milk may be marketed only on the domestic market or exported to a third country.

    —  Five-year transitional period for Malta for determining the representative fat content of the milk delivered for processing.

    —  For Poland, the distribution of quota between deliveries and direct sales will be reviewed on the basis of actual 2003 figures.

2.   Suckler Cows

    —  Three-year transition period for Estonia, Latvia, Lithuania and Poland (additional breeds).

3.   Stocking Density

    —  Five-year transition period for Malta and Cyprus to reduce stocking levels to the levels allowed under the EU beef premia rules.

4.   Sugar

    —  (derogation from the acquis) Slovenia may import 19,585 tonnes of raw sugar per year to supply its beet sugar factory (notwithstanding the normal rule that raw sugar imports must be handled at a specialist raw sugar refinery).

5.   Wine & Alcohol

    —  (derogation from the acquis) Czechs, Hungary, Slovakia and Slovenia may enrich wine with sugar.

    —  (derogation from the acquis) Cyprus, Czechs and Malta have been granted extra planting rights.

    —  Four-year transition period for Malta for the enrichment of wine by indigenous varieties.

    —  Wine-growing areas have been established for Cyprus, Czechs, Hungary, Malta, Slovakia and Slovenia, with transition periods for Hungary and Slovenia. (A decision on Poland has been postponed until after accession).

    —  Geographical or traditional designations for wine and alcoholic drinks agreed, for Cyprus (wines, Ouzo, Zivania), Czech Republic (eg wines, Budvar beer, Slivovice), Hungary (wines & Palinka), Latvia, Lithuania (spirit drinks); Poland (various (mainly herbal) vodkas, Polish Cherry), Slovakia (wines and spirit drinks). Poland may use the terms "Polish wine" and "Polish fruit wine".

    —  Five-year transition period for Hungary to phase out the term Rizlinszilvani.

FRUIT & VEGETABLES

    —  Five-year transition period for Cyprus for certain fruit withdrawal quantities.

    —  Five-year transition period for Malta for degressive aid to individual tomato producers.

    —  Five-year transitional period for Poland for criteria for producer organisations in the fruit and vegetables sector.

TOBACCO

    —  Five-year transition period for Poland for lower thresholds for the recognition for producer groups.

STATE AIDS

    —  Cyprus

    In addition to complementary national direct payments (topping up) Cyprus may grant transitional and degressive national aid in the cereals (excluding durum wheat), milk and dairy, beef, sheep and goats, pig, poultry and egg, wine, olive oil, table grapes, processed tomatoes, bananas, deciduous fruit (including stone fruit), almonds and carobs sectors until the end of 2010. Cyprus may also grant special support to "deprived areas" for a period of up to five-years from the date of accession.

    —  Estonia

    Estonia may maintain its national dairy premium in 2004, on condition that it is not higher than the pre-accession level.

    —  Latvia

    In addition to complementary national direct payments (topping up), Latvia may grant transitional and degressive national aid in the flax, milk and dairy (for 2004 only), pig, sheep and goats and seeds sectors until end 2008.

    —  Malta

    Special market policy programme for Maltese Agriculture (SMPPMA). Malta may grant special, degressive, temporary state aids in certain sectors to support agricultural producers and processors and recognised retailers of imported agricultural products. No aid can be granted after 2014. Aid may be granted to support agricultural production for seven years for animal products (dairy, pigmeat, eggs and poultry) and for 11 years for crops (tomatoes for processing, wine sector, fresh fruit and fresh vegetable sectors). It is subject to a limit of

    120 million in total over the whole period.

    —  In addition Malta may grant special temporary state aid to support the purchase of imported agricultural products which before accession benefited from export refunds or which were imported without duties, provided that support is effectively passed on to consumers. Aid may be paid until 2010 for cereals, sugar, meat products, dairy products, and for semi-processed tomato products. It is subject to a limit of

    78 million in total over the whole period.

    —  The general economic safeguard clause is applicable for products covered by these special state aids for up to five years after accession (compared with the standard three-year period)

    —  Five-year transition period for aid for the transport of agricultural goods from Gozo to Malta for up to five years from accession.

    —  Slovenia

      Five-year transition period for degressive state aid for the production of oil pumpkins.

    —  Slovakia

      Three-year transition period for state aid for its Warehouse Receipt and Goods system (storage aid).

LAND SALES

    —  In negotiations on accession and the free movement of capital it was agreed that the eight new Central and Eastern European member states should have a transition period for the sale of farmland to EU citizens. They may operate a seven-year derogation from the general requirement to open up land markets to foreign buyers. However, as a safeguard, controls may be retained for a further three-years if there is evidence of serious disturbances in the land market.

    —  The exception is Poland, which has a 12-year transition period on sales of farmland. This involves a 12-year transition period before sales are definitively freed up, while farmers already farming leased land will be able to buy it after three years in eastern Poland and after seven years in western Poland (part of pre-war Germany).

Annex D

AGRI-FOOD ESTABLISHMENTS AND OTHER TRANSITIONAL ARRANGEMENTS IN THE VETERINARY/PHYTOSANITARY SECTOR

  Agri-food measures have been agreed for the following states to allow more time for agri-food establishments to correct specified structural defects:

    —  Czech Republic: 44 meat establishments, one egg establishment, seven fish establishments (until December 2006);

    —  Hungary: 44 red meat establishments (until December 2006);

    —  Latvia: 29 fish processing establishments (until January 2005), 77 meat establishments (January 2006), 11 milk processing establishments (January 2005);

    —  Lithuania: 14 meat establishments, five fish establishments and one milk establishment (until January 2007);

    —  Poland: 332 meat establishments (until December 2007), 113 milk establishments (until December 2006), 40 fish establishments (three years);

    —  Slovakia: one meat and one fish establishments (December 2006).

  All agri-food establishments in transition are specified individually along with their shortcomings and must follow a planned upgrading programme. Crucially, products from transition establishments must be specially marked and cannot enter the single market.

  In addition Malta's sole dairy (until 2009) and a maximum of 56 EU-compliant dairies in Poland (until 2006) may accept deliveries of non-EU-compliant raw milk under the condition that it will be processed separately, be specially marked and unable to enter the Single Market.

Other veterinary/phytosanitary arrangements

    —  Transitional arrangements until December 2009 relating to the height and slope of hen cages have been agreed for a limited number of existing cages in a specified number of establishments in the Czech Republic, Hungary, Malta, Poland and Slovenia. Slovenia also has until 1 December 2004 to meet EU requirements on floor area of cages.

    —  Provision has been made for a temporary Border Inspection Post on the Hungary/Romania border.

    —  Latvia has transitional arrangements until December 2004 for two animal waste establishments.

    —  Transitional arrangements for the quality of raw milk have been agreed for Poland, Latvia, Lithuania and Malta.

    —  Cyprus, Latvia, Malta and Slovenia have a five-year transitional arrangement for the quality requirements of seeds.

    —  Poland and Lithuania have special measures for potato wart disease/ring rot.

    —  Lithuania has a transitional arrangement until end 2010 in relation to the payment of remuneration for plant variety rights.

    —  The Czech Republic has a transitional arrangement for a maximum of two-years after accession for animal nutrition (ie the marketing in its territory of feedingstuffs based on the yeast species Candida utilis).

    —  Poland has a transitional arrangement for the marketing of certain plant protection products until 31 December 2006[6]and for forest reproductive material accumulated before 1 January 2004.

Annex E

SUMMARY OF COMPREHENSIVE MONITORING REPORTS NOVEMBER 2003

  Red (serious concerns) = serious problems and strong possibility of non-implementation by accession.

  Amber (enhanced effort) = significant delays.

CountrySummary
Cyprus
RedPaying Agency—eg staffing, procedures and IT.
Trade mechanisms—yet to establish admin structures and procedures.
AmberFADN, veterinary control systems, TSEs and animal by-products, upgrading of agri-food establishments, common measures, animal nutrition and some phytosanitary legislation.


Czech Republic
RedUpgrading of agri-food establishments—highly likely that many non-transition establishments will be non-compliant on accession.
AmberPaying Agency, IACS, trade mechanisms, CMOs for wine, sugar, alcohol and beef. Nearly all veterinary and phytosanitary issues.


Estonia
RedNone
AmberPaying Agency, IACS, trade mechanisms, CMO for milk, TSEs and animal by-products. Veterinary control system, trade in live animals and animal products, upgrading of agri-food establishments, common measures, animal nutrition and phytosanitary issues.
Hungary
RedPaying Agency—IT, staff, procedures
IACS—technical & organisational delays (serious doubt ready on accession).
Upgrading of agri-food establishments—highly likely that many non-transition establishments will be non-compliant on accession.
Implementation of rural development measures—Delays eg not yet sent draft RDP for EAGGF funds.
AmberTrade mechanisms, CMOs for sugar and wine. TSEs and animal by-products, veterinary control system, common measures and certain phytosanitary issues.


Latvia
RedTSEs and animal by-products—legislation not fully transposed, not fully compliant.
AmberPaying Agency, IACS, trade mechanisms and CMOs for milk, sugar and beef. Veterinary control system, upgrading of agri-food establishments, trade in live animals and animal products, animal disease control, common measures including residues and animal welfare. Phytosanitary issues.


Lithuania
RedNone
AmberPaying Agency, IACS, trade mechanisms and CMOs for milk and beef. TSEs, animal by-products, veterinary control system, upgrading of agri-food establishments, common measures and animal welfare. Phytosanitary issues.


Malta
RedPaying Agency—legislation (including accreditation criteria) & admin procedures not in place.
IACS—made little progress (serious doubt ready on accession.)
External trade mechanisms—admin structures and procedures not established.
TSEs and animal waste treatment—collection and treatment not compliant, concerns re-incineration plants.
AmberOrganic farming, FADN, CMOs for wine, alcohol, beef, fruit and vegetables and olive oil, and rural development. Veterinary control systems, upgrading of agri-food establishments, common measures, animal nutrition and phytosanitary issues.
Poland
RedPaying Agencies (2)— financial management & accounting IT, staffing.
IACS—staffing, IT, land parcel data out of date.
Upgrading of agri-food establishments—highly likely that many non-transition establishments will be non-compliant on accession.
Veterinary and phytosanitary control—legislation, not yet joined ANIMO, bovine database, BIPs.
TSEs—testing & cadaver collection, upgrading of waste plants.
Animal by-products—legislation.
Movement controls of animals—legislation, administrative structures for on-spot checks during transport and at destination.
Control of potato ring rot and wart disease—legislation, phyto guarantees.
AmberTrade mechanisms, CMOs for milk, beef, eggs and poultry and rural development. Trade in live animals and animal products, common measures, animal welfare and animal nutrition.


Slovakia
RedPaying Agency—much work to do, legal framework not yet adopted.
IACS—serious technical & organisational delays, most areas still at planning stage (serious doubt ready on accession.)
Upgrading of agri-food establishments—highly likely that many non-transition establishments will be non-compliant on accession.
AmberTrade mechanisms, CMOs for wine, sugar and beef. Veterinary control system, TSEs, animal by-products and common measures. Controls on maximum residue limits for pesticides.
Slovenia
RedNone
AmberCMOs for sugar and milk. Veterinary control systems, trade in live animals and animal by-products, upgrading of agri-food establishments and common measures re residues.


Annex F

SUMMARY OF THE CAP REFORM AGREEMENT

  1.  The central element of the reform proposals is the new Single Payment Scheme. This new "decoupled" subsidy will replace a number of existing subsidy regimes from either 1 January 2005, 2006 or 2007. The amount of single payment which a farmer receives will be based either on the average amount of subsidy received during the "reference period" (2000-02), termed the "historic" approach or on the area farmed, termed the "flat rate" approach. Alternatively a hybrid of both options could be used. Crucially, it will not be based on what or how much is produced, enabling farmers to become more market oriented. Member states have various options for partial recoupling of payments up to about 25% of total subsidy.

  2.  Farmers will be able to sell or transfer their subsidy entitlement, though purchasers will be able to use it to claim subsidy only if they are farming an equivalent area of land to that which gave rise to the entitlement and are doing so in accordance with the various compliance obligations (see below).

  3.  A National Reserve must be established to fund those who acquired land during the period immediately before the new system was agreed and those whose subsidies were reduced during the reference period due to force majeure. The Reserve will be funded by a levy of up to 3% of the new subsidy and by using any subsidy entitlement which remains unclaimed.

  4.  Under the "historic" approach, the new subsidy will not be payable for growing fruit and vegetables, potatoes, permanent crops except energy crops, or for woodland (permanent crops and woodland will also be exempt under the "flat rate" approach). Farmers must maintain set-aside land as before, though rotation is allowed and field strips as narrow as five metres will count, helping to protect field margin habitats.

Cross-compliance

  5.  In order to qualify for the new subsidy, farmers will have to comply with 18 existing EU directives and regulations on the environment, public health and animal health and welfare and maintain their land in good agricultural and environmental condition (to be defined by member states). Member states will have to establish an enforcement regime.

National Envelope

  6.  Member states can take up to 10% of subsidy on a sector by sector basis, to improve the quality and marketing of agricultural products, or to support specific types of farming which are important for the protection or enhancement of the environment, such as extensive livestock grazing which might otherwise become unprofitable.

Modulation

  7.  Member states will be required to levy 3% of subsidy from 2005 to fund rural development and agri-environment schemes, rising to 4% in 2006 and 5% from 2007 onwards. The UK will be able to modulate at a higher level in line with its plans under the current voluntary system, to fund the Government's sustainable food and farming proposals.

Farm Advisory System

  8.  By January 2007, member states must set up a farm advisory system to help farmers who wish to use it to meet the cross-compliance obligations.

Devolved implementation

  9.  The new regime can be implemented differently in different regions (enabling the devolved administrations to do things differently).

Rural Development Regulation

  10.  Minor amendments have been made to the Rural Development Regulation to allow funds to be used for quality food production, aid for farmers facing new legislative requirement, support for farmers whose production methods are above standard practice and aid for integrated rural development strategies.

Commodity regime changes

  11.  Finally, certain changes have been made to some of the commodity regimes. In particular, the support price for butter has been cut by 25% and by 15% for skimmed milk powder. Previously agreed milk quota increases have been postponed to 2006 and further increases dropped pending review. Aid for energy crops will be introduced. Previous provisions for improvement plans for nuts are to be replaced by an area payment.

  There are also some changes to the cereals regime, including changes to the rules for set-aside, the abolition of intervention for rye, a new premium for durum wheat, and changes to the regimes for protein crops and rice.

Department for Environment, Food and Rural Affairs

December 2003





1   On average agricultural production in the AC 10 accounts for around 13% of employment and over 3% GDP, compared with 4.2% of employment and 1.7% of GDP in the EU 15. Back

2   The SAPS remains simpler than the Single Payment Scheme. It can cover all utilised agricultural area, irrespective of crops grown (there are no negative lists); no coupled payments are maintained for specific sectors, and there is no set aside. Land must be kept in good agricultural condition compatible with the protection of the environment. At the time of writing it is proposed to apply the SPS requirement to keep land in good environmental condition as from 1 January 2005, but other cross compliance requirements would not be obligatory. Back

3   Malta and Slovenia are unlikely to make use of the SAPS option. Back

4   See Annex B and Explanatory Memoranda EM 14164/03 (CAP Reform: amendments to Regulations following enlargement) and EM 14165/03 (CAP reform: amendments to Act of Accession). Back

5   Eg Estonia has been granted a geographical exception for the strict protection of lynxes under Article 15 of the Habitats Directive 92/43 (to be reviewed by May 2009). Back

6   The transition period relates to Article 13 (1) of Directive 91/414: Poland may postpone, until the end of 2006, certain dealings for the provision of information. Back


 
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