1992R3508 — EN — 28.07.2000 — 010.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No3508/92
of27November1992
establishinganintegrated administrationandcontrolsystemforcertain Communityaidschemes
(OJ L 355, 5.12.1992, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 165/94 of 24 January 1994 L 24 6 29.1.1994
►M2Council Regulation (EC) No 3235/94 of 20 December 1994 L 338 16 28.12.1994
►M3Council Regulation (EC) No 3233/94 of 20 December 1994 L 338 13 28.12.1994
►M4Council Regulation (EC) No 3072/95 of 22 December 1995 L 329 18 30.12.1995
►M5Council Regulation (EC) No 1577/96 of 30 July 1996 L 206 4 16.8.1996
►M6Council Regulation (EC) No 2466/96 of 17 December 1996 L 335 1 24.12.1996
►M7Council Regulation (EC) No 820/97 of 21 April 1997 L 117 1 7.5.1997
►M8Council Regulation (EC) No 1036/1999 of 17 May 1999 L 127 4 21.5.1999
►M9Council Regulation (EC) No 1593/2000 of 17 July 2000 L 182 4 21.7.2000
Corrected by:
►C1Corrigendum, OJ L 71, 13.3.1997, p. 46 (1577/96)
►C2Corrigendum, OJ L 216, 14.8.1999, p. 24 (1036/1999)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCILREGULATION(EEC)No3508/92
of27November1992
establishing an integrated administration and control system for
certain Communityaidschemes
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas, pursuant to Article 8 of Council Regulation (EEC) No 729/70
of 21 April 1970 on the financing of the common agricultural
policy (4), Member States must take the measures necessary to satisfy
themselves that transactions financed by the European AgriculturalGuidance and Guarantee Fund (EAGGF) are actually carried out andare executed correctly, and prevent and deal with irregularities;whereas Article 23 of Council Regulation (EEC) No 4253/88 of 19December 1988 laying down provisions for implementing Regulation
(EEC) No 2052/88 as regards coordination of the activities of the
different structural Funds between themselves and with the operationsof the European Investment Bank and the other existing financialinstruments (
5) provides for the same obligationwith regard to the agri-
cultural structures policy;
Whereas up to now the various aid schemes have been administered
and controlled by the Member States under separate rules for eachscheme, as a result of their heterogeneous structure; whereas, however,
in realigning the existing market measures a part of the reform of the
common agricultural policy, the Community is opting, to a largeextent, in both the crop and livestock sectors, for direct aid to produ-cers;
Whereas, in order to adapt the administration and control mechanisms
to the new situation and improve their effectiveness and usefulness, itis necessary to set up a new integrated administration and controlsystem covering the aid schemes for arable crops, beef and veal, sheep-
meat and goatmeat, as well as specific measures for farming in
mountain, hill and certain less-favoured areas; whereas provisionshould be made for the possibility of including, at a later date, otheraid schemes linked to the cultivated area;
Whereas, the various components of the integrated system will poten-
tially result in more effective administration and control in the case ofCommunity schemes not covered by this Regulation; whereas theMember States should therefore be authorized to avail themselves of
the system on condition they do not in any way act in opposition to
the provisions concerned;
Whereas, given the complexity of such a system and the large number
of aid applications to be processed, it is essential to use the appropriatetechnical resources and administration and control methods; whereas asa result, the integrated system should comprise, in each Member State,a computerized data base, an alphanumeric identification system foragricultural parcels, aid applications from farmers, a harmonized1992R3508 — EN — 28.07.2000 — 010.001 — 2
(1) OJ No C 9, 15. 1. 1992, p. 4.
(2) Opinion delivered on 17 November 1992 (not yet published in the Official
Journal).
(3) OJ No C 98, 21. 4. 1992, p. 29.
(4) OJ No L 94, 28. 4. 1970, p. 13. (Last amended by Regulation (EEC)
No 2048/88).
(5) OJ No L 374, 31. 12. 1988, p. 1.
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control system and, in the livestock sector, a system for the identifica-
tion and recording of animals;
Whereas the administration of the data collected and its use for the
verification of aid applications make it necessary to set up high-perfor-mance computerized data bases allowing cross-checks in particular tobe made;
Whereas the identification of agricultural parcels is a key element in
the correct applicationof schemes lin ked to surface area; whereasexperience has shown that the existing methods have certain deficien-
cies; whereas, therefore, provisionshould be made for analphan umeric
identification system set up initially, where necessary, with the aid ofremote sensing;
Whereas in order to guarantee the possibility of effective control, ‘area’
aid applications must be submitted not later than during the firstquarter of the year; whereas however the Member State may, incaseswhich it justifies, be authorized to apply a later date; whereas for 1993,having regard to the difficulties of implementing the integrated system,
a later date is permitted;
Whereas, in the livestock sector, effective control requires that animals
be identified and recorded; whereas, to this end, Council Directive 92/102/EEC of 27 November 1992, on the identification and registration
of animals (
1) lays downspecific provision s inthis respect; whereas
recourse should therefore be had to that Directive;
Whereas the detailed rules governing aid applications continue to be
subject to the provisions of each sector; whereas, however, for the
sake of simplification, Member States should be authorized to makeprovision for the submission of one single application for several aidschemes;
Whereas one of the main advantages of the new system is the introduc-
tion of an integrated control system in each Member State avoiding anyduplicationof sectoral checks of the same type; whereas, as a result,the stepping up of checks made necessary by the reform of the
common agricultural policy should be attainable without substantially
increasing the number of checks; whereas aid applications submittedmust be subjected to a thorough administrative check carried out withthe aid of computerized data bases; whereas, up to now, administrativechecks have beensupplemen ted systematically by checks onthe spot;whereas, to a large extent, on-the-spot checks on areas may be replaced
by remote sensing;
Whereas the expenditure involved in introducing the integrated system
may represent a high additional budgetary burden for Member States;
whereas, consequently, provision should be made for part-financing
for a certainperiod; whereas the diversity of existin g productionstruc-tures in the Member States must be taken into account; whereas, as aresult, provision should be made for sharing out the financial contribu-tion in a way which takes into account in particular the number ofagricultural holdings, livestock numbers and the agricultural area in
the Member States;
Whereas provisionshould be made for the gradual implemen tationof
all the elements of the integrated system,1992R3508 — EN — 28.07.2000 — 010.001 — 3
(1) See page 32 of this Official Journal.
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HAS ADOPTED THIS REGULATION:
Article 1
1. Each Member State shall set up an integrated administration and
control system, hereinafter referred to as the ‘integrated system’,
applying:
(a) inthe crop sector:
(i) to the support system for producers of certainarable crops
established by Regulation(EC) No 1251/1999 (1);
(ii) to the aid scheme for rice producers established by Article 6 of
Regulation(EC) No 3072/95(2);
(iii) to the specific measure inrespect of certaingrainlegumes
introduced by Regulation (EC) No 1577/96 (3);
(b) inthe livestock sector:
(i) to the premium and payment arrangements for beef and veal
producers established by Chapter 1 of Title 1 of Regulation(EC) No 1254/1999(
4);
(ii) to the premium arrangements for sheepmeat and goatmeat
producers introduced by Regulation (EC) No 2467/98 (5);
(iii) to direct payments under Article 19 of Council Regulation
(EC) No 1255/1999 of 17 May 1999 onthe commonorgan isa-tionof the market inmilk an d milk products (
6)
hereinafter referred to as ‘Community schemes’.
2. The Council may, acting by a qualified majority on a Commis-
sion proposal, extend the scope of the integrated system to other
Community aid schemes.
►M93.◄Without prejudice to specific provisions provided for
under the arrangements referred to in paragraph 1, for the purposes ofthis Regulation:
—farmershall meananin dividual agricultural producer, whether a
natural or legal person or a group of natural or legal persons, what-ever legal status is granted the group and its members by nationallaw, whose holding is within Community territory,
—holdingshall mean all the production units managed by a farmer
situated withinthe same Member State's territory,
—agriculturalparcel shall mean a continuous area of land on which a
single crop is raised by a single farmer. In accordance with theprocedure laid downinArticle 12 the Commissionshall adoptimplementing arrangements for specific uses of agricultural parcels,
in particular those concerning mixed crops and jointly used areas.
Article 2
The integrated system shall comprise the following elements:
(a) a computerized data base;1992R3508 — EN — 28.07.2000 — 010.001 — 4
(1) OJ L 160, 26.6.1999, p. 1. Regulationas amen ded by Regulation(EC) No
2704/1999 (OJ L 327, 21.12.1999, p. 12).
(2) OJ L 329, 30.12.1995, p. 18. Regulationas last amen ded by Regulation
(EC) No 2072/98 (OJ L 265, 30.9.1998, p. 4).
(3) OJ L 206, 16.8.1996, p. 4. Regulationas amen ded by CommissionRegula-
tion(EC) No 1826/97 (OJ L 260, 23.9.1997, p. 11).
(4) OJ L 160, 26.6.1999, p. 21.
(5) OJ L 312, 20.11.1998, p. 1.
(6) OJ L 160, 26.6.1999, p. 48.▼M9
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(b) aniden tificationsystem for agricultural parcels;
(c) a system for the identification and registration of animals;
(d) aid applications;
(e) an integrated control system.
Article 3
1. The computerized data base shall record, for each agricultural
holding, the data obtained from the aid applications. This data baseshall in particular allow direct and immediate consultation, throughthe competent authority of the Member State, of the data relating atleast to the previous three consecutive calendar and/or marketing years.
2. The Member States may set up decentralized data bases on condi-
tion that these, and the administrative procedures for recording andaccessing data, are designed homogeneously throughout the territory
of the Member State and are compatible with one another.
Article 4
Aniden tificationsystem for agricultural parcels shall be established on
the basis of maps or land registry documents or other cartographicreferences. Use shall be made of computerised geographical informa-tion system techniques including preferably aerial or spatial
orthoimagery, with an homogenous standard guaranteeing accuracy at
least equivalent to cartography at a scale of 1:10 000.
Article 5
The system for the identification and registration of animals to be taken
into account for the granting of aid governed by this Regulation shallbe set up in accordance with Articles 4, 5, 6 and 8 of Directive 92/102/EEC►
M7and with Regulation (EC) No 820/97 ◄.
Article 6
1. In order to be eligible under one or more Community schemes
governed by this Regulation, each farmer shall submit, for each year,an ‘area’ aid application indicating:
— agricultural parcels, including areas under forage crops, and agricul-
tural parcels covered by a set-aside measure for arable land and
those laid fallow,
— where applicable, any other necessary information provided for
either by the Regulations relating to the Community schemes, orby the Member State concerned.
2. The area aid applicationshall be submitted by a date to be fixed
by the Member State which shall not be after that laid down for thesubmission of applications in, or fixed in accordance with, Regulation
(EC) No 1251/1999.
In all cases, the date shall be set bearing in mind, inter alia, the period
required for all relevant data to be available for the proper administra-
tive and financial management of the aid and for the checks providedfor inArticle 8 to be carried out.
Notwithstanding Article 5(1) of Council Regulation (EEC, Euratom)
No 1182/71 of 3 June 1971 determining the rules applicable to periods,dates and time limits (
1), where the submissiondate is a public holiday,
a Saturday or a Sunday, it shall be deemed to fall on the first workingday following.1992R3508 — EN — 28.07.2000 — 010.001 — 5
(1) OJ L 124, 8.6.1971, p. 1.▼B
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3. A Member State may decide that anarea aid applicationn eed
contain only changes with respect to the area aid application submittedthe previous year. Member States shall simplify the applicationprocess
by distributing pre-printed forms based on the areas determined in the
previous year and supplying graphic material, as referred to in Article4, indicating the location of those areas.
4. Certain amendments may be made to the area aid application
provided that they are received by the competent authorities no later
than the date laid down for sowing in, or fixed in accordance with,
Regulation(EC) No 1251/1999.
5. The ‘area’ aid application, amended if necessary in accordance
with paragraph 4, shall be deemed to be the aid applicationprovided
for inthe scheme referred to inArticle 1 (1) (a).
6. For each of the agricultural parcels declared, farmers shall indi-
cate the area and its location, which information must enable the
parcel to be identified in the identification system for agricultural
parcels.
7. Farmers applying only for aid under a scheme not directly linked
to agricultural area may be exempted from the requirement to submit
an‘area’ aid application .
8. In order to be eligible for one of the Community schemes or
arrangements referred to in Article 1 (1) (b), each farmer shall submitone or more ‘animal’ aid applications, at the latest by the dates set bythe schemes concerned.
9. Where an aid application or amendments to it have to be accom-
panied by supplementary documentation, such documentation shall beconsidered part of the application.
10. While abiding by the dates or periods laid down for submitting
applications under Community rules, the Member States may decidethat a single application can cover:
— several ‘animal’ aid applications,
— an ‘area’ aid application and one or more ‘animal’ aid applications.
Article 7
The integrated control system shall cover all aid applications
submitted, in particular as regards administrative checks, on-the-spot
checks and, if appropriate, verification by aerial or satellite remote
sensing.
Article 8
1. Member States shall carry out administrative checks on aid appli-
cations.
2. Administrative checks shall be supplemented by on-the-spot
checks covering a sample of agricultural holdings. For all these checks,
Member States shall draw up a sampling plan.
3. Each Member State shall designate an authority responsible for
coordinating the checks provided for in this Regulation.
4. National authorities may, under conditions to be laid down, use
remote sensing to determine the area of agricultural parcels, identify
crops and verify their status.
5. Where the competent authorities of the Member State delegate
some aspects of the work to be carried out pursuant to this Regulationto specialized agencies or firms, they must retain control over andresponsibility for that work.1992R3508 — EN — 28.07.2000 — 010.001 — 6
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Article 9
The Member States shall take the measures necessary to ensure protec-
tionof the data collected.
Article 9a
1. For the purposes of applying Community aid schemes listed in
the Annex and which are not referred to in Article 1, the Member
States shall ensure that the administration and control systems applied
to them are compatible with the integrated system in the followingrespects:
(a) the computerised data base;
(b) the parcel and animal identification systems;
(c) administrative checks.
In order to be ‘compatible’ within the meaning of the first subpara-
graph, the administration and control systems applied to theCommunity aid schemes concerned have to be set up so as to allow,without any problems or conflicts, a common functioning of, or theexchange of data between the systems.
Inaccordan ce with the procedure referred to inArticle 12a(2), the
Commission shall adopt amendments to the Annex as may become
necessary taking into account the criteria set out in the first and second
subparagraph.
2. Without prejudice to the provisions in paragraph 1, the Member
States may, for the purposes of applying Community aid schemes notreferred to in Article 1, incorporate in their administration and controlprocedure one or more components of the integrated system.
3. The specific provisions laid down under the schemes referred to
in paragraphs 1 and 2, in particular those concerning the terms on
which aid may be granted, shall not be affected by this Regulation.
4. Member States may extend the possibility provided for in para-
graph 2 to national schemes.
They may use the information from the integrated system for statistical
purposes.
5. Member States shall inform the Commission if they avail them-
selves of the possibilities referred to inparagraphs 2 an d 4.
The Commissionshall en sure that recourse to these possibilities does
not prejudice compliance with the sectoral Regulations or this Regula-
tion.
Article 11
1. The Commissionshall be kept regularly in formed of the applica-
tionof the in tegrated system.
It shall organise exchanges of views on this subject with the Member
States.
2. After informing the competent authorities concerned in good
time, Commissionofficials may carry out:
— any examination or control relating to the body of measures taken
in order to establish and to implement the integrated system;
— checks at the specialized agencies and firms referred to in Article 8
(5).1992R3508 — EN — 28.07.2000 — 010.001 — 7
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Officials of the Member State concerned may take part in such checks.
The aforementioned powers to check shall not affect the application of
national criminal law provisions which reserve certain acts for officials
specifically designated by national law. Commission officials shall inparticular not participate in home visits to or the formal interrogationof suspects under the criminal law of the Member State. They shall,however, have access to the information obtained thereby.
3. Without prejudice to the responsibilities of the Member States for
the implementation and application of the integrated system, the
Commission may seek the assistance of specialized bodies or personsin order to facilitate the establishment, monitoring and utilization ofthe integrated system, in particular with a view to providing the compe-tent authorities of the Member States with technical advice, should they
request it.
Article 12
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M9The Commissionshall adopt detailed rules for the applicationof
this Regulationinaccordan ce with the procedure laid downinArticle12a(2).◄These detailed rules shall cover inparticular:
(a) the basic features of the identification system for agricultural
parcels;
(b) any amendments which may be made to the ‘area’ aid applications
and exemption from the requirement to submit an ‘area’ aid appli-cation;
(c) the minimum amount of information to be included in the aid
applications;
(d) the administrative and on-the-spot checks and the checks by remote
sensing;
(e) the establishment of an advance payment scheme for Community
financial participation;
(f) transitional provisions for the start-up period of the system;
(g) communications between the Member States and the Commission;
(h) the measures required to resolve specific practical problems. Such
measures — if duly justified — may derogate from certainparts of
this Regulation.
Article 12a
1. The Commissionshall be assisted by the Fun d Committee estab-
lished by Article 11 of Regulation(EC) No 1258/1999 (
1) (hereinafter
referred to as ‘the Committee’).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision1999/468/EC (2) shall apply.
The period provided for inArticle 4(3) of Decision1999/468/EC shall
be set at one month.
3. The Committee may examine any matter raised by its Chairman,
either onhis ownin itiative or at the request of a Member State.1992R3508 — EN — 28.07.2000 — 010.001 — 8
(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 184, 17.7.1999, p. 23.▼M9
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Article 13
1. The integrated system shall apply
(a) from 1 February 1993 as regards aid applications, an alphanumeric
system of identification and registration of bovine animals and the
integrated control system referred to in Article 7;
(b) as regards the other elements referred to in Article 2, at the latest
from:
— 1 January 1998 in the case of Austria, Finland and Sweden,
— 1 January 1997 in the case of the other Member States,
(c) at the latest as from 1 January 2005 as regards the geographical
part of the parcel identification system as provided for in Article 4,
(d) at the latest as from 1 January 2003 as regards the compatibility of
the administration and control systems with the integrated systemas provided for inArticle 9a.
2. With a view to implementation of the integrated system, the
Member States shall:
— adopt the necessary laws, regulations and administrative provisions
concerning paragraph 1 (a) before 1 February 1993, and thoseconcerning paragraph 1 (b) before 1 June 1993;
— take the administrative, budgetary and technical measures necessary
for the integrated system to be operational from the dates laid downinparagraph 1.
If, however, any parts of the integrated system are operational before
the dates laid downinparagraph 1, the Member States shall use themfor their management and checking activities.
Article 14
This Regulation shall enter into force on the seventh day following that
of its publicationinthe OfficialJournaloftheEuropeanCommunities .
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1992R3508 — EN — 28.07.2000 — 010.001 — 9
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ANNEX
Sector Legal base Notes
Flax Article 4
Regulation(EEC) No 1308/70Area-related aid
Hemp Article 4
Regulation(EEC) No 1308/70Area-related aid
Dried grapes Article 7(1)
Regulation(EC) No 2201/96Area-related aid
Tobacco Article 3
Regulation(EEC) No 2075/92Productionaid
Hops Article 12
Regulation(EEC) No 1696/71Area-related aid
Regulation (EC) No 1098/98 Payments for temporary resting
and grubbing-up
Agri-environment Title II, chapter VI (Articles
22-24) and Article 55(3)
Regulation(EC) No 1257/
1999Area-related aid
Forestry Article 31 and Article 55(3)
Regulation(EC) No 1257/
1999Area-related aid
Less-favoured areas and areas
with environmental restrictionsTitle II, chapter V (Articles
13-21) and Article 55(3)
Regulation(EC) No 1257/
1999Area-related aid
Olive oil Article 5(1)
RegulationNo 136/66/EECProductionaid
CottonArticle 8
Regulation(EC) No 1554/95Productionaid
Dried fodder Articles 10 and 11
Regulation(EC) No 603/95Productionaid
Citrus for processing Article 1
Regulation(EC) No 2202/96Productionaid
Tomatoes for processing Article 2
Regulation(EC) No 2201/96Productionaid
Wine Articles 11-15
Regulation(EC) No 1493/
1999Restructuring aid1992R3508 — EN — 28.07.2000 — 010.001 — 10