COMMISSION REGULATION (EC) No 40/2006
of 10 January 2006
amending Regulation (EC) No 4/2004 laying down detailed rules for the application of Council Regulation (EEC) No 4045/89 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4045/89 of 21 December 1989 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC (1), and in particular Article 19 thereof,
Whereas:
(1)
Regulation (EEC) No 4045/89 requires Member States to communicate to the Commission certain information. Commission Regulation (EC) No 4/2004 (2) provides for the standardisation of the form and content of such communications. As standardisation makes it easier to use the information submitted and ensures uniformity of approach, further detailed rules should be adopted on the form and content of the communications.
(2)
Regulation (EC) No 4/2004 should therefore be amended accordingly.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the European Agricultural Guidance and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 4/2004 is amended as follows:
1.
Article 5 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1. The annual report referred to in Article 9(1) of Regulation (EEC) No 4045/89 shall include detailed information on each of the aspects of the application of that Regulation as set out in part I of Annex II to this Regulation and shall include detailed information in accordance with the specimen forms set out in part II of that Annex.’;
(b)
paragraph 3 is replaced by the following:
‘3. The list of undertakings referred to in Article 7(2) of Regulation (EEC) No 4045/89 shall be drawn up in accordance with the specimen form set out in Annex IV to this Regulation and shall include transaction data in a format specified under Article 6(3).’;
(c)
the following paragraph 8 is added:
‘8. The risk analysis referred to in Article 2(2) of Regulation (EEC) No 4045/89 shall be drawn up in accordance with the specimen form set out in Annex IX to this Regulation.’;
2.
Article 6 is replaced by the following:
‘Article 6
1. The information to be submitted pursuant to Article 5(1) to (4) and (7) and (8) shall be communicated in electronic form in the format to be specified by the Commission.
2. The information to be submitted pursuant to Article 5(5) and (6) shall be communicated on paper or in electronic form, in a format to be agreed between the sender and the recipient. Confirmation of receipt of each request/reply received pursuant to Article 5(5) and (6) should be sent to the sender.
3. Transaction data pursuant to Article 7 of Regulation (EEC) No 4045/89 shall be communicated in electronic form in the format specified in Annex I, Annex II, point 2 and in Annex III to Commission Regulation (EC) No 2390/1999 (3).
3.
Annex II is replaced by the text in Annex I to this Regulation;
4.
Annex III is replaced by the text in Annex II to this Regulation;
5.
Annex VIII is replaced by the text in Annex III to this Regulation;
6.
A new Annex IX, the text of which is set out in Annex IV to this Regulation, is added.
Article 2
This Regulation shall enter into force on the on the third day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 January 2006.