5Article 143ba of Regulation No 1782/2003 was inserted by Article 1(17) of Regulation No 319/2006 and amended by Article 1(2) of Regulation No 2011/2006 and by Article 1(17) of Regulation No 2012/2006. Article 143ba, which is entitled ‘Separate sugar payment’, provides:1.By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide by 30 April 2006 to grant in respect of the years 2006 to 2010 a separate sugar payment to farmers eligible under the single area payment scheme. It shall be granted in respect of a representative period which could be different for each product of one or more of the marketing years 2004/2005, 2005/2006 and 2006/2007 to be determined by Member States before 30 April 2006, and on the basis of objective and non-discriminatory criteria such as:— the quantities of sugar beet, cane or chicory covered by delivery contracts concluded in accordance with Article 19 of [Regulation No 1260/2001] or Article 6 of [Regulation No 318/2006] as appropriate,— the quantities of sugar or inulin syrup produced in accordance with [Regulation No 1260/2001] or [Regulation No 318/2006] as appropriate,— the average number of hectares under sugar beet, cane or chicory used for the production of sugar or inulin syrup and covered by delivery contracts concluded in accordance with Article 19 of [Regulation No 1260/2001] or Article 6 of [Regulation No 318/2006] as appropriate.…’
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