THE MINISTER OF AGRICULTURE, FOOD AND FORESTRY Having regard to Regulation (EC) No. 1782/03 of the Council of 29 September 2003, published in the EU Official Journal L 270 of 21 October 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers; Having regard to Regulation (EC) No. 1973/2004 of the Commission of 29 October 2004 laying down detailed rules' for implementing Regulation (EC) No. No 1782/2003 as regards the support schemes provided for in Titles IV and IV-IVa of that Regulation and the use of land set aside for the production of raw materials, as last amended by Council Regulations (EC) No. 270/2007 of 13 March 2007 and No. 993/2007 of 27 August 2007; In view of art. 4, paragraph 3 of Law 29 December 1990 n. 428 on 'provisions for the fulfillment of obligations deriving from Italy's Community' European (Community Law for 1990) ", with which you have that application in the national regulations issued by the Community 'European territory It is provided by the Minister of Agriculture and Forestry; Given the legislative decree no. 165 of 27 May 1999, published in the Official Gazette of the Italian Republic n. 137 of 14 June 1999 concerning the abolition paying agency and the establishment of the Agency for disbursement in agriculture (AGEA) pursuant to art. 11 of the law 15 March 1997 n. 59; Given the Ministerial Decree of 15 March 2005 and subsequent amendments thereto, published in Official Gazette of the Italian Republic n. 96 of 27 April 2005 on the national provisions implementing Regulations (EC) No. 1782/2003 and n. 1973/2004, concerning common rules for direct support schemes and the use of land set aside for the production of raw materials; Given the need 'to dictate provisions to implement the above mentioned EU rules on the aid scheme for energy crops and the use of land set aside for the production of raw to be used mainly in the non-food sector products; Sanctioned the agreement of the Standing Conference for relations between the State, regions and autonomous provinces of Trento and Bolzano in the meeting of December 20, 2007; Decrees: Art. 1. The Ministerial Decree of 15 March 2005 and 'amended as follows. 1) Article. 4 "Aid for energy crops 'and' replaced by the following: 1. The Title IV, Chapter 5 of Regulation (EC) No. 1782/2003 of 29 September 2003 governing the aid for energy crops. 2. Farmers 'applicant', the 'collector' and 'first processor' are required to comply with the provisions contained in Chapter 8 of Regulation (EC) No. 1973/2004 of 29 October 2004. 3. The mode 'of Regulation (EC application techniques) n. 1973/2004 will be defined uniformly throughout the national territory, in a subsequent ruling issued by the coordinating body. 4. Under Article. 24, paragraph 5 of Regulation (EC) No. 1973/2004, the minimum cultivated area must be not less than 0.3 hectares. 5. The contract, in art. 25 of Regulation (EC) No. 1973/2004, must be entered into with reference to a single raw material and deposited by the applicant in support of the single application with the competent paying agency by the date fixed in that regard by the coordinating body. 6. For crops other than annual, the help of art. 88 of Regulation (EC) No. 1782/2003 and 'granted provided that the applicant undertakes by a written declaration in lieu of the contract, to start growing in the year concerned and to use the raw material subsequently collected for the production of energy products. 7. The coordinating body, based on the information provided by the paying agencies, it shall determine and publish the yields before harvest. 8. The competent paying agency, on the basis of information provided by the applicant, pursuant to art. 28 and Art. 34, paragraph 3 of Regulation (EC) No. 1973/2004, adopt the relevant decisions.
9. For deliveries effected in national and Community contexts, both raw material of intermediate products, co-products and by-products, the collector and the first processor are required to complete and submit to the competent body paying special statements within ten days from 'have been delivered. 10. The applicant and 'allowed the use of raw materials in their own company, under the provision of paragraph 1 of article. 33 of Regulation (EC) No. 1973/2004. The coordinating body shall take measures to permit applicants to use the cultivation of agricultural raw materials other than those referred to in subparagraph a) of paragraph 1 of Article. 33. The applicant, in the cases mentioned above, and 'held in place of the contract, to present in support of the single application, within the prescribed period, the responsible paying agency a written statement containing the information listed in paragraph 2 of' art. 33 of Regulation (EC) No. 1973/2004. The competent agency shall adopt all measures deemed necessary to ensure the most 'absolute compliance of obligations, providing, altresi', a recognition system, albeit in simplified form, in respect of the applicants using raw materials in their own company to obtain one or more 'products referred to in Article. 88, second paragraph of Regulation (EC) No. 1782/2003. 11. Under Article. 37 of Regulation (EC) No. 1973/2004, the coordinating body shall establish a general system for the accreditation of the collectors and first processors valid for the entire national territory. The implementation of this system and 'alternative to the case reported in the art. 31 of Regulation (EC) No. 1973/2004 and, therefore, the applicant and 'obliged to enter into contracts only with the collectors and first processors, as long as' the same are established on national territory, in accordance' in paragraph 7 of art. 37 of Regulation (EC) No. 1973/2004. 12. For the purposes of accreditation, the collector and the first processor must provide the competent paying, identified according to the registered office, if the company and 'consists of legal person, or residence, if the same and' consists of natural person, an application according to the procedures' and the terms defined by the paying agency. Then the collector and the first processor may, for the purposes of accreditation already 'granted validation, submit a declaration to the paying of subsistence requirements, together with the certificate of good standing and certificate of registration at the Chamber of Commerce. Accreditation and 'granted upon verification of the declared requirements and the existence of the conditions. 13. The Paying and 'required to make special provisions to exclude from the list of accreditation collectors and primary processors in respect of which, in control tests, emerge conduct contrary to Community and national provisions governing the scheme provided issue or irregular situations in the exercise of other activities' industrial and commercial. 14. The coordinating body shall take the measures for the application of Article. 38 of Regulation No. 1973/2004 regarding the regularity 'of the operations to be carried forward into the appropriate registers by the collectors, first processors and applicants using raw materials on their own farms. 15. The applicant, completed the collection phase, and 'must notify the responsible paying agency the amount' of the total raw material obtained, for each species and variety ', and have it delivered to the collector or first contractor transformer, through the subscription of an appropriate declaration, confirms the receipt. 16. By the closing date, as per art. 32, paragraph 2 of Regulation (EC) No. 1973/2004, provided for the production of finished products, first processors must submit a declaration to the paying agency responsible for the conversion. 17. The competent paying agencies are required to provide the information for 1'adozione of additional measures and the obligations in relation to mutual assistance between Member States, under the coordination body art. 40 of Regulation (EC) No. 1973/2004.
18. The authorities 'responsible for the management and performance of controls and' the paying agency. 2) Art. 6 'use of land set aside for the production of raw materials' and' replaced by the following: 1. Chapter 16 of Regulation (EC) No. 1973/2004 regulates the conditions for the use of land set aside for the production of raw materials. 2. Farmers 'applicant', the 'collector' and 'first processor' are required to comply with the provisions contained in Chapter 16 of Regulation (EC) No. 1973/2004 of 29 October 2004. 3. The mode 'of Regulation (EC application techniques) n. 1973/2004 will be defined uniformly throughout the national territory, in a subsequent ruling issued by the coordinating body. 4. The contract, under art. 147 of Regulation (EC) No. 1973/2004, must be entered into with reference to a single raw material and deposited by the applicant in support of the single application with the competent paying agency by the date fixed in that regard by the coordinating body. This contract must include, among other things, the amount 'expected total of the raw material, by species, as well as' the conditions of delivery. 5. The coordinating body, based on the information provided by the paying agencies, it shall determine and publish the yields before harvest. 6. The competent paying agency, on the basis of information provided by the applicant, pursuant to art. 151 of Regulation (EC) No. 1973/2004, adopt the relevant decisions. 7. For deliveries made in national and Community contexts, both raw material of intermediate products, co-products and by-products, the collector and the first processor are required to complete and submit to the competent body paying special statements within ten days from 'have been delivered. 8. The applicant and 'allowed the use of raw materials in their own company, under the provision of paragraph 1 of article. 146 of Regulation (EC) No. 1973/2004. The coordinating body shall take measures to permit applicants to use the cultivation of agricultural raw materials other than those referred to in subparagraph a) of paragraph 1 of Article. 146. The applicant, in the cases mentioned above, and 'held in place of the contract, to present in support of the single application, within the prescribed period, the responsible paying agency a written statement. The competent agency shall adopt all measures deemed necessary to ensure the most 'absolute compliance of obligations, providing, altresi', a recognition system, albeit in simplified form, in respect of the applicants using raw materials in their own company to obtain one or more 'products listed in Annex XXIII to Regulation (EC) No. 1973/2004. 9. Article. 160 of Regulation (EC) No. 1973/2004, the coordinating body shall establish a general system for the accreditation of the collectors and first processors valid for the entire national territory. The implementation of this system and 'alternative to the case reported in the art. 158 of Regulation (EC) No. 1973/2004 and, therefore, the applicant and 'obliged to enter into contracts only with the collectors and first processors, as long as' the same are established on national territory, in accordance' in paragraph 7 of art. 160 of Regulation (EC) No. 1973/2004. 10. For the purposes of accreditation, the collector and the first processor must provide the competent paying, identified according to the registered office, if the company and 'consists of legal person, or residence, if the same and' consists of natural person, an application according to the procedures' and the terms defined by the paying agency. Then the collector and the first processor may, for the purposes of accreditation already 'granted validation, submit a declaration to the paying of subsistence requirements, together with the certificate of good standing and certificate of registration at the Chamber of Commerce. Accreditation and 'granted upon verification of the declared requirements and the existence of the conditions.
11. The Paying and 'required to make special provisions to exclude from the list of accreditation collectors and primary processors in respect of which, in control tests, emerge conduct contrary to Community and national provisions governing the scheme provided issue or irregular situations in the exercise of other activities' industrial and commercial. 12. The coordinating body shall take the measures for the application of Article. 163, n. 1973/2004 regarding the regularity 'of the operations to be carried forward into the appropriate registers by the collectors, first processors and applicants using raw materials on their own farms. 13. The applicant, completed the collection phase, and 'must notify the responsible paying agency the amount' of the total raw material obtained, for each species and variety ', and have it delivered to the collector or first contractor transformer, through the subscription of an appropriate declaration, confirms the receipt. 14. By the closing date, as per art. 159, paragraph 1, letter a) of Regulation (EC) No. 1973/2004 provided for the production of finished products, first processors must submit a declaration to the paying agency responsible for the conversion. 15. The competent paying agencies are required to provide the coordination body information for the adoption of additional measures for all matters relating to communications to be transmitted to the European Commission, pursuant to art. 169 of Regulation (EC) No. 1973/2004. 16. The authorities 'responsible for the management and performance of controls and' the paying agency. This decree will be 'transmitted to the Court of Auditors for the registration and will be' published in the Official Gazette of the Italian Republic. Rome, January 2, 2008 Minister De Castro Join the Court of Auditors January 23, 2008 Control Office acts Ministries of the attivita 'productive, log n. 1, page no. 34