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1. Where Member States provide for area-based interventions, other than those which comply with the provisions of Annex 2 to the WTO Agreement on Agriculture, including coupled income support under Title III, Chapter II, Section 3, Subsection 1, of this Regulation, and where those interventions concern some or all of the oilseeds referred to in the Annex to the Memorandum of Understanding between the European Economic Community and the United States of America on oil seeds under GATT, the total of the support area based upon the planned outputs included in the CAP Strategic Plans of the Member States concerned shall not exceed the maximum support area for the whole Union for the purpose of ensuring compliance with its international commitments.

2. By 8 June 2022, the Commission shall adopt implementing acts fixing an indicative reference support area for each Member State, calculated on the basis of each Member State’s share of the average cultivation area in the Union during the years 2016 to 2020. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

3. Each Member State that intends to grant the support referred to in paragraph 1 of this Article shall indicate the corresponding planned outputs in terms of hectares in its CAP Strategic Plan proposal referred to in Article 118(1). If, following the notification of all planned outputs by Member States, the maximum support area for the whole Union referred to in paragraph 1 of this Article is exceeded, the Commission shall calculate for each Member State that notified an excess compared to its reference area a reduction coefficient that is proportionate to the excess of its planned outputs so that the maximum support area for the whole Union is maintained. Each Member State concerned shall be informed about that reduction coefficient in the Commission’s observations to the CAP Strategic Plan in accordance with Article 118(3). The reduction coefficient for each Member State shall be set in the implementing decision referred to in Article 118(6) by means of which the Commission approves the CAP Strategic Plan. Member States shall not amend their support area on their own initiative after the date referred to in Article 118(1).

4. If a Member State intends to increase its planned outputs referred to in paragraph 1 of this Article set out in its CAP Strategic Plan approved by the Commission, it shall notify the Commission of the revised planned outputs by means of a request for amendment of its CAP Strategic Plan in accordance with Article 119 before 1 January of the year preceding the claim year concerned.

5. Where appropriate, in order to avoid the maximum support area for the whole Union referred to in paragraph 1 being exceeded, the Commission shall set reduction coefficients, or revise the existing reduction coefficients where such coefficients were set in accordance with paragraph 3, second subparagraph, for all Member States that exceeded their reference support area in their CAP Strategic Plans. The Commission shall inform the Member States concerned about the reduction coefficients by 31 January of the year preceding the claim year concerned.

Each Member State concerned shall submit a corresponding request for amendment of its CAP Strategic Plan with the reduction coefficient referred to in the second subparagraph by 31 March of the year preceding the claim year concerned. The reduction coefficient for that Member State shall be set in the implementing decision referred to in Article 119(10) by means of which the Commission approves the amendment of the CAP Strategic Plan.

6. With regard to the oilseeds concerned by the Memorandum of Understanding referred to in paragraph 1 of this Article, Member States shall inform the Commission of the total number of hectares for which support has been actually paid in the annual performance reports referred to in Article 134.

7. Member States shall exclude the cultivation of confectionery sunflower seed from any area-based intervention referred to in paragraph 1.