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            COMMISSION REGULATION (EC) No 1848/2006

of 14 December 2006         

concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organisation of an information system in this field and repealing Council Regulation (EEC) No 595/91

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular to Article 42 thereof,

After consulting the European Data Protection Supervisor,

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

This Regulation shall apply to expenditure under the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), in accordance, respectively, with Articles 3(1) and 4 of Regulation (EC) No 1290/2005.

It shall also apply in cases where the payment of assigned revenue within the meaning of Article 34(1) points (b) and (c) of Regulation (EC) No 1290/2005 has not been made in accordance with those provisions.

This Regulation shall not affect the obligations that arise directly from the application of Articles 32, 33 and 36 of Regulation (EC) No 1290/2005 and of Commission Regulation (EC) No 885/2006 (8).

Article 2

Definitions

For the purposes of this Regulation:

CHAPTER II

REPORTING OBLIGATIONS

Article 3

Quarterly report

1.   At the latest within two months following the end of each quarter, Member States shall report to the Commission all the irregularities which have been the subject of a primary administrative or judicial finding. For each irregularity, Member States shall give details of:

2.   By way of derogation from paragraph 1, the following cases need not be reported:

3.   Where some of the information referred to in paragraph 1 of this Article, and in particular that concerning the practices adopted in committing the irregularity and the manner in which this was discovered, is not available, Member States shall as far as possible supply the missing information when forwarding subsequent communications of irregularities to the Commission.

4.   If national provisions provide for the confidentiality of investigations, communication of the information shall be subject to the authorisation of the competent court.

Article 4

Special cases

Each Member State shall forthwith report to the Commission and, where necessary, to the other Member States concerned, any irregularities discovered or supposed to have occurred, where it is feared that:

This communication gives in particular detailed information of the malpractice and of the other Member States or third countries concerned.

Article 5

Follow-up report

1.   In addition to the information referred to in Article 3(1), Member States shall inform the Commission as soon as possible, but at the latest within two months following the end of each quarter, with reference to any previous report made under Article 3, on details concerning the initiation or abandonment of any procedures for imposing administrative or criminal sanctions related to the notified irregularities as well as of the main results of such procedures. This information shall also indicate the character of the sanctions applied and/or whether the sanctions in question relate to the application of Community and/or national legislation, including a reference to the Community and/or national rules in which the sanctions are laid down.

2.   Upon explicit request of the Commission, the Member States shall, within two months following receipt of that request, provide the Commission with all relevant information regarding the progress made — notably on initiation, abandonment and termination — in the procedures related to the recovery of any sums wrongly paid in a specific case or group of cases.

Article 6

De minimis rule

1.   Where the irregularities relate to sums of less than EUR 10 000 in Community funding, Member States shall not forward the information provided for in Articles 3 and 5 to the Commission unless the latter expressly requests it.

2.   For applying the threshold set out in paragraph 1:

Article 7

Form of the communication

The information required under Articles 3, 4 and 5(1) shall be sent, whenever it is possible, by electronic means, via a secure connection using the module provided by the Commission for the purpose and on the form provided by the Commission.

CHAPTER III

CO-OPERATION

Article 8

Co-operation with the Member States

1.   The Commission shall maintain appropriate contacts with the Member States concerned for the purpose of supplementing the information supplied on the irregularities referred to in Article 3, on the procedures referred to in Article 5, and, in particular, on the possibility of recovery.

2.   Without prejudice to such contacts, when the nature of the irregularity is such as to suggest that identical or similar practices could occur in more than one Member State, the matter shall be put before the Committee referred to in Article 2(1) of Decision 94/140/EC (hereinafter referred to as the Cocolaf) or its working parties as referred to in Article 3(3) thereof.

3.   Furthermore, the Commission shall organise meetings of an informative nature at Community level for the appropriate representatives of the Member States in order to examine with them the information obtained under Articles 3, 4 and 5 and paragraph 1 of this Article, in particular with regard to the lessons to be learned therefrom in connection with irregularities, preventive measures and legal proceedings. The Commission shall keep the Cocolaf informed of this work and shall consult it regarding any proposals which it intends to submit for the prevention of irregularities.

4.   At the request of a Member State or, under the arrangements laid down in paragraph 3, of the Commission, the Member States shall consult each other, where appropriate, within the Cocolaf or any other competent body, for the purpose of closing any loopholes which become apparent in the course of application of current provisions of the common agricultural policy and which prejudice the Community’s financial interests.

Article 9

Summary report

The Commission shall every year inform the Cocolaf, of the order of magnitude of the sums involved in the irregularities which have been discovered and of the various categories of irregularity, broken down by type and with a statement of the number of irregularities in each category.

CHAPTER IV

USE AND TREATMENT OF THE INFORMATION

Article 10

Use of the information

Without prejudice to Article 11, the Commission may use any information of a general or operational nature communicated by Member States in accordance with this Regulation to perform risk analyses, using information technology support, and may, on the basis of the information obtained, produce reports and develop systems serving to identify risks more effectively.

Article 11

Treatment of the information

1.   Information communicated or acquired in any form under this Regulation shall be covered by professional confidentiality and be protected in the same way as similar information is protected by the national legislation of the Member State that received it and by the corresponding provisions applicable to the Community institutions. Member States and the Commission shall take all necessary precautions to ensure that that information remains confidential.

2.   The information referred to in paragraph 1 may not, in particular, be disclosed to persons other than those in the Member States or within the Community institutions whose duties require that they have access to it, unless the Member State supplying it has expressly so agreed.

In addition, that information may not be used for any purposes other than those provided for in this Regulation unless the authorities that have provided it have given their express consent and provided that the provisions in force in the Member State in which the authority that has received it is located do not prohibit such communication or use.

3.   The Commission and the Member States shall ensure, when processing personal data pursuant to this Regulation, that the Community and national provisions on the protection of personal data, in particular those laid down by Directive 95/46/EC and, where applicable, by Regulation (EC) No 45/2001, are complied with.

Paragraphs 1 and 2 shall not affect the rights of access of the data subject as provide for in Directive 95/46/EC and Regulation (EC) No 45/2001 under the conditions provided for in that directive and regulation.

4.   Paragraphs 1 to 3 shall not impede the use, in any legal actions or proceedings subsequently instituted by the Community or by the Member States in respect of the recovery of the sums subject to the irregularity, the performance of checks following alleged irregularities or the imposition of administrative measures, administrative penalties or criminal sanctions for irregularities, of information obtained pursuant to this Regulation. The competent authority of the Member State which supplied this information shall be informed of such use.

5.   Where a Member State notifies the Commission that a natural or legal person whose name has been communicated to the Commission under this Regulation proves on further inquiry not to be involved in any irregularity, the Commission shall forthwith inform all those to whom it disclosed that name under this Regulation of that fact. Such person shall thereupon cease to be treated, on account of the earlier notification, as a person involved in the irregularity in question.

CHAPTER V

FINAL PROVISIONS

Article 12

Repeal

1.   Regulation (EEC) No 595/91 is repealed with effect from 1 January 2007.

2.   References to Regulation (EEC) No 595/91 shall be construed as references to this Regulation and be read in accordance with the correlation table set out in the Annex.

Article 13

Transitional provision

1.   Member States shall provide the Commission with the information referred to in Article 5 of the present Regulation or irregularities communicated before 1 January 2007 under Regulation (EEC) No 595/91 that are still under follow-up by their authorities.

2.   For those cases with a financial impact less than EUR 10 000, Member States may submit one single final communication.

Article 14

Entry into force

This Regulation shall enter force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 December 2006.

For the Commission

Siim KALLAS            

Vice-President

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(1)OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation (EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

(2)OJ L 67, 14.3.1991, p. 11.

(3)OJ L 312, 23.12.1995, p. 1.

(4)OJ C 316, 27.11.1995, p. 49.

(5)OJ L 61, 4.3.1994, p. 27. Decision as amended by Decision 2005/223/EC (OJ L 71, 17.3.2005, p. 67).

(6)OJ L 8, 12.1.2001, p. 1.

(7)OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(8)OJ L 171, 23.6.2006, p. 90.

(9)OJ L 178, 12.7.1994, p. 43.

(10)OJ L 160, 30.6.2000, p. 1.

(11)OJ L 349, 24.12.1998, p. 36.

(12)OJ L 171, 23.6.2006, p. 1.

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ANNEX

Correlation Table

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