2001R2419 — EN — 13.12.2001 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2419/2001
of11December 2001
laying down detailed rules for applying the integrated administration and control system for
certain CommunityaidschemesestablishedbyCouncilRegulation(EEC)No3508/92
(OJ L 327, 12.12.2001, p. 11)
Corrected by:
►C1Corrigendum, OJ L 7, 11.1.2002, p. 48 (2419/2001)
▼B
COMMISSIONREGULATION(EC)No2419/2001
of11December 2001
laying down detailed rules for applying the integrated administra-
tion and control system for certain Community aid schemes
establishedbyCouncilRegulation(EEC)No3508/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3508/92 of 27
November 1992 establishing an integrated administration and control
system for certain Community aid schemes(1), as last amended by
Commission Regulation (EC) No 495/2001(2), and in particular Article
12 thereof,
Whereas:
(1)The integrated administration and control system for certain
Community aid schemes system established by Regulation(EEC) No 3508/92 (hereinafter ‘the integrated system’) hasproven to be an effective and efficient means for the implemen-
tation of the direct payment schemes first introduced as a result
of the reform of the common agricultural policy in 1992 andfurther developed under the Agenda 2000 measures. CommissionRegulation (EEC) No 3887/92 of 23 December 1992 layingdown detailed rules for applying the integrated administrationand control system for certain Community aid schemes(
3), as
last amended by Regulation (EC) No 2721/2000(4), has been
amended on various occasions since its entry into force. More-over, experience, and in particular the introduction of electronictools for the management of the schemes, has shown that variousprovisions of that Regulation should be reviewed. Since further
amendments are to be made, Regulation (EEC) No 3887/92
should be replaced by this Regulation in the interests of clarityand rationalisation.
(2)For the sake of effective control and to prevent the submission
of multiple aid applications to different Paying Agencies within
one Member State, the Member States should provide for asingle system to record the identity of farmers submitting aidapplications subject to the integrated system. The Member Statesshould, however, be given a transitional period for the introduc-
tion of that system.
(3)In the light of the different identification systems throughout the
Community, the Member States should be authorised to set upsystems for the identification of areas by means of units other
than agricultural parcels. This possibility should be accompanied
by certain obligations in order to ensure that the identification isreliable. Moreover, each Member State should, for the sake ofeffective monitoring, determine the minimum size of agriculturalparcel that may be declared in an area aid application.
(4)The concepts of ‘agricultural parcel’ and ‘forage area’ should beclarified to ensure that parcels are correctly declared and identi-fied.
(5)Provision should be made regarding the content of area aidapplications. For the sake of effective controls, any kind of areause should be declared in the area aid application. However,where the Member States have introduced administration and
control systems for other area-related Community aid schemes
which are compatible with the integrated system according toArticle 9a of Regulation (EEC) No 3508/92, the Member States2001R2419 — EN — 13.12.2001 — 000.001 — 2
(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 72, 14.3.2001, p. 6.
(3) OJ L 391, 31.12.1992, p. 36.
(4) OJ L 314, 14.12.2000, p. 8.
▼B
should be given the possibility to derogate from this require-
ment.
(6)There is a need to lay down special provisions for the particularsituation regarding producer groups in the sheepmeat and goat-meat sector as defined in Article 1(2) of Council Regulation(EEC) No 3493/90 of 27 November 1990 laying down generalrules for the granting of premiums to sheepmeat and goatmeat
producers(
1), as last amended by Regulation (EC) No 2825/
2000(2).
(7)An area aid application submitted only for the purpose ofdeclaring permanent pasture does not necessarily have to besubmitted to the competent authorities within the same delays
as area aid applications in general, in particular because the
management of the control programme of permanent pasturedoes not have to be carried out following the same time-scheduleas the control of arable crop areas. The Member States should,therefore, be able to provide for such area aid applications to
be submitted later than the date fixed in accordance with Article
6(2) of Regulation (EEC) No 3508/92. However, the date to befixed by the Member State should not be later than 1 July.
(8)Farmers should be entitled to amend their area aid applicationsuntil the latest date for sowing in accordance with Council Regu-
lation (EC) No 1251/1999 of 17 May 1999 establishing a support
system for producers of certain arable crops(
3), as last amended
by Regulation (EC) No 1038/2001(4), provided that all the parti-
cular requirements under the relevant sectoral rules are respectedand that the competent authority has not yet informed the farmer
of errors contained in the aid application, nor notified an on-the-
spot control which reveals errors, in relation to the part affectedby the amendment.
(9)Farmers applying only for aid which is not linked to area shouldbe exempted from the requirement to submit an area aid applica-
tion.
(10)In order to facilitate the administration of the various livestock
aid schemes concerned, common provisions should be madeconcerning the details to be included in livestock aid applica-
tions.
(11)Regulation (EC) No 1760/2000 of the European Parliament and
of the Council of 17 July 2000 establishing a system for theidentification and registration of bovine animals and regardingthe labelling of beef and beef products and repealing Council
Regulation (EC) No 820/97(
5) requires keepers of bovine
animals to communicate data concerning these animals to acomputerised database. Article 21 of Council Regulation (EC)No 1254/1999 of 17 May 1999 on the common organisation ofthe market in beef and veal(
6), as last amended by Regulation
(EC) No 1512/2001(7), stipulates that aids may only be paid for
animals that are properly identified and registered in accordance
withRegulation (EC) No 1760/2000. Th e computerised databasehas also gained far-reaching importance as far as the manage-ment of the aid schemes is concerned. Farmers submittingapplications under the aid schemes concerned should therefore
be given access to the relevant information in due time.
(12)The Member States should be authorised to make use of the
information contained in the computerised database with a viewto introducing simplified application procedures provided thatthe computerised database is reliable. It should therefore be2001R2419 — EN — 13.12.2001 — 000.001 — 3
(1) OJ L 337, 4.12.1990, p. 7.
(2) OJ L 328, 23.12.2000, p. 1.
(3) OJ L 160, 26.6.1999, p. 1.
(4) OJ L 145, 31.5.2001, p. 16.
(5) OJ L 204, 11.8.2000, p. 1.
(6) OJ L 160, 26.6.1999, p. 21.
(7) OJ L 201, 26.7.2001, p. 1.
▼B
provided that the information contained in the computerised
database may form part of the aid application.
(13)According to new forms of communication, the Member Statesshould be able to adopt national provisions permitting communi-cations to be made by the farmer under the integrated system to
be submitted electronically.
(14)Where aid applications contain obvious errors they should be
adjustable at any time.
(15)Respect for the time limits for the submission of aid applicationsand for the amendment of area aid applications is indispensableto enable the national administrations to programme and, subse-
quently, carry out effective checks on the correctness of the aid
applications. Provision should, therefore, be made regarding thetime limits within which late submissions are acceptable. More-over, a reduction should be applied to encourage farmers torespect the time limits. Where a farmer only has to declare
permanent pasture and, therefore, has to submit an area aid
application, checks may be programmed differently. For thesecases lower reductions may be provided for and a longer delayshould be foreseen. Where the Member States make use of thepossibility to set a later date for the submission of an area aidapplication that only relates to permanent pasture, submission
of applications after the date fixed by the Member State should,
however, no longer be admissable.
(16)Farmers should be entitled to withdraw their aid applications orparts thereof at any time provided that the competent authorityhas not yet informed the farmer of any errors contained in theaid application nor notified an on-the-spot control which revealserrors in relation to the part affected by the withdrawal.
(17)Compliance with the provisions on the aid schemes managedunder the integrated system should be effectively monitored. Tothis end, and to have a harmonised level of monitoring in allMember States, it is necessary to set out in detail the criteria
and technical procedures for carrying out administrative and on-
the-spot checks in respect both of area and livestock aid. Whereappropriate, the Member States should undertake to combine thevarious controls under this Regulation as well as those providedfor under other Community provisions at the same time.
(18)The minimum number of farmers to be checked on the spotunder the various aid schemes should be determined. In relationto farmers applying for aids under the various bovine schemes
an integrated holding-based approach should be foreseen.
(19)The sample of the minimum rate of on-the-spot checks should be
drawn partly on the basis of a risk analysis and partly at random.
The main factors to be taken into consideration for the risk
analysis should be specified.
(20)The determination of significant irregularities should require anincrease in the level of the on-the-spot checks during the currentand the following year to reach an acceptable level of assuranceof the correctness of the aid applications concerned.
(21)On-the-spot checks of farmers submitting aid applications do notnecessarily have to be carried out on each individual animal oragricultural parcel. Checks on a sample basis may, in certaincases, be carried out. However, where this is allowed the sampleshould be extended to a degree that guarantees a reliable and
representative level of assurance. In some cases the sample may
have to be extended to a full control. The Member States shouldestablish the criteria for the selection of the sample to bechecked.
(22)In order for the on-the-spot check to be effective it is importantfor the staff carrying out the checks to be informed of the reasonfor the selection for the on-the-spot check. The Member Statesshould keep records of such information.2001R2419 — EN — 13.12.2001 — 000.001 — 4
▼B
(23)In order to enable the national authorities as well as any compe-
tent Community authority to follow up on-the-spot checks
carried out the details of checks should be recorded in a controlreport. The farmer or a representative should be given the oppor-tunity to sign the report. However, in the case of checks bymeans of remote-sensing the Member States should be allowedto provide for this right only in cases where the check reveals
irregularities. Moreover, irrespective of the kind of on-the-spot
check carried out, the farmer should receive a copy of the reportif irregularities are found.
(24)On-the-spot checks of areas, as a general rule, consist of twoparts, the first of which relates to verifications and measurementsof declared agricultural parcels on the basis of graphic material,
aireal photography and so forth. The second part consists of a
physical inspection of the parcels to verify the declared cropand its quality as well as the actual size of the agriculturalparcels. Where necessary, measurements should be carried out.The physical inspection in the field may be carried out on the
basis of a sample.
(25)Detailed rules regarding the determination of areas and the
measurement methods to be used should be laid down. In rela-tion to the determination of the area of agricultural parcelseligible for area payments, experience has shown that it is neces-sary to define the acceptable width of certain features of the
fields, in particular hedges, ditches and walls. In view of specific
environmental needs, it is appropriate to provide some flexibilitywithin the limits taken into account when the regional yieldswere fixed in accordance withRegulation (EC) No 1251/1999.
(26)The conditions for the use of remote sensing for on-the-spotchecks should be laid down and provision should be made for
physical checks to be carried out in cases where photo-interpre-
tation does not lead to clear results.
(27)The timing and the minimum content of on-the-spot checks offarmers applying for livestock aid should be specified in orderto ensure a harmonised control level in all Member States. In
order to check effectively the correctness of declarations in aid
applications and notifications to the computerised database it isessential to carry out a major part of such on-the-spot checkswhilst animals still have to be kept on farm under the retentionobligation.
(28)The proper identification and registration of bovine animals is an
eligibility condition pursuant to Article 21 of Regulation (EC)
No 1254/1999. It should, therefore, be ensured that Communityaid is granted only for bovines identified and registered in accor-dance with Regulation (EC) No 1760/2000. Such checks shouldalso be carried out in respect of bovine animals not yet claimedbut which could be subject to an aid application in the future.
Due to the set-up of several of the bovine aid schemes, such
bovine animals are, in many cases, only claimed for aid afterthey have already left the holding.
(29)Special provision should be made for checks to be carried out inslaughterhouses in order to check that animals claimed for aid
are eligible and that the information contained in the compu-
terised database is correct. The Member States should beauthorised to apply two different bases for selecting slaughter-houses for such checks.
(30)As far as the slaughter premium granted after export of bovineanimals is concerned, special provisions are necessary along
withCommunity control provisions relating to export in general
because of the differences in the control purposes.
(31)The control provisions foreseen in relation to the livestock aidshould also, where appropriate, apply as regards additionalpayments pursuant to Article 15 of Regulation (EC) No 1254/1999.2001R2419 — EN — 13.12.2001 — 000.001 — 5
▼B
(32)To protect the Community's financial interests effectively
adequate measures should be adopted to combat irregularities
and fraud. Separate provisions should be made for the area aidschemes on the one hand and the livestock aid schemes on theother, due to the different natures of these aid schemes.
(33)Reductions and exclusions should be established having regardto the principle of proportionality and the special problemslinked to cases of force majeure as well as exceptional and
natural circumstances. Suchreductions and exclusions sh ould be
graded according to the gravity of the irregularity committed andshould go as far as the total exclusion from one or several aidschemes for a specified period.
(34)Provision for reductions and exclusions should take into accountthe particularities of the various aid schemes subject to the inte-grated system. In relation to area aid applications, irregularities
normally affect parts of areas, and overdeclarations in respect
of one parcel may be off-set against underdeclarations of otherparcels of the same crop-group. As far as livestock aid applica-tions are concerned, irregularities lead to the ineligibility of theanimal concerned. In respect of area aid applications, where irre-
gularities are found, it should be foreseen that within a certain
margin of tolerance aid applications should only be adjustedand reductions only start to apply once this margin has beenexceeded. In respect of applications for livestock aid, reductionsshould be foreseen as from the first animal found with irregula-rities but, irrespective of the level of the reduction, there should
be a less harsh sanction where three animals or less are found
with irregularities. In all other cases the severity of the sanctionshould depend on the percentage of animals found with irregula-rities.
(35)Special provisions are necessary to take into account the particu-larities of farmers applying for livestock aid and declaring forage
area for that purpose. Where an overdeclaration of such areas
does not lead to a higher payment for livestock no penaltiesshould be foreseen.
(36)Farmers should be allowed to replace suckler cows, heifers anddairy cows within the limits allowed under the relevant sectoralrules.
(37)In relation to the bovine aid schemes and the compliance withthe system for the identification and registration of bovine
animals set out in Regulation (EC) No 1760/2000, provision
should be made in respect of bovine animals already claimedfor aid on the one hand and for bovine animals not yet claimedbut which could be subject to an aid application in the future, onthe other. Such bovine animals not yet claimed constitute apotential risk to the European Agricultural Guidance and Guar-
antee Fund (EAGGF). Due to the structure of the aid schemes,
once suchanimals are subject to an aid application non-compli-ance withth e system may often not be detected. Moreover,compliance with the system for the identification and registrationof bovine animals is essential in order to introduce simplified
application procedures based on the computerised database.
Compliance withth at system before aid application is actuallysubmitted is therefore essential to protect effectively theCommunity's financial interests. The principle that obviouserrors may be adjusted at any time should, however, also applyto erroneous notifications to, or entries into the elements of that
system.
(38)Where, due to natural circumstances, a farmer is unable to fulfill
the retention obligations under the sectoral rules, reductions andexclusions should not be applied.
(39)Due to the importance of slaughterhouses for the proper func-tioning of some of the bovine aid schemes, provision shouldalso be made for cases where slaughterhouses, gross negligentlyor intentionally, issue false certificates or declarations.2001R2419 — EN — 13.12.2001 — 000.001 — 6
▼B
(40)As far as irregularities are concerned as regards the additional
payments provided for in Article 14 of Regulation (EC) No
1254/1999 the Member States should provide for sanctionswhich should be equivalent to those provided for in relation tothe area and livestock aid schemes unless this is inappropriate.In this latter case the Member States should provide for suitableequivalent sanctions.
(41)Reductions and exclusions should, as a general rule, not apply
where the farmer submitted factually correct information or
where he can show otherwise that he is not at fault.
(42)Farmers who give notice to the competent national authorities atany time of incorrect aid applications should not be subject toany reductions or exclusions irrespective of the reason of theincorrectness, provided that the farmer has not been informedof the competent authority's intention to carry out an on-the-spot check and the authority has not already informed the farmer
of any irregularity in the application. The same should apply in
relation to incorrect data contained in the computerised database.
(43)Where various reductions have to be applied in relation to thesame farmer they should apply independently from each otherand individually. Moreover, the reductions and exclusionsprovided for under this Regulation should apply without preju-dice to additional sanctions under any other provisions of
Community or national law.
(44)The management of small amounts is a burdensome task for the
competent authorities of the Member States. It is thereforeappropriate to authorise the Member States not to pay amountsof aid that are below a certain minimum limit and not to requestreimbursement of incorrectly paid amounts when the sumsinvolved are minimal.
(45)Where, as a consequence of force majeure or exceptional
circumstances, a farmer is not able to fulfill the obligations
provided for under the sectoral rules, he should not lose his rightto the aid payment. It should be specified which cases may, inparticular, be recognized by the competent authorities as casesof exceptional circumstances.
(46)In order to ensure uniform application of the principle of goodfaith throughout the Community, where amounts unduly paid
are recovered, the conditions under which that principle may be
invoked should be laid down without prejudice to the treatmentof the expenditure concerned in the context of the clearance ofaccounts under Council Regulation (EC) No 1258/1999 of 17May 1999 on the financing of the common agricultural policy(
1).
(47)Rules should be established laying down who is entitled to theaid in certain cases where a holding is transferred.
(48)As a general rule the Member States should take any furthermeasures necessary to ensure a proper functioning of this Regu-
lation. The Member States should give each other mutual
assistance where necessary.
(49)The Commission should, where appropriate, be informed of anymeasures taken by the Member States to introduce changes totheir implementation of the integrated system. In order to enablethe Commission to monitor the integrated system effectively, theMember States should send it certain annual control statistics.
(50)The measures provided for in this Regulation are in accordancewith the opinion of the Fund Committee,2001R2419 — EN — 13.12.2001 — 000.001 — 7
(1) OJ L 160, 26.6.1999, p. 103.
▼B
HAS ADOPTED THIS REGULATION:
TITLE I
GENERAL
Article 1
Scope
This Regulation lays down detailed rules for applying the integrated
administration and control system (hereinafter ‘the integrated system’)established by Regulation (EEC) No 3508/92. It shall be without preju-dice to specific provisions laid down in the Regulations covering theindividual aid schemes.
Article 2
Definitions
For the purposes of this Regulation the following definitions shall
apply:
(a) ‘System for the identification and registration of bovine animals’:
the system for the identification and registration of bovine animals
established by Regulation (EC) No 1760/2000;
(b) ‘Ear tag’: the ear tag to identify animals individually, as referred
to in point (a) of Article 3 and in Article 4 of Regulation (EC)
No 1760/2000;
(c) ‘Computerised database’: the computerised database as referred to
in point (b) of Article 3 and in Article 5 of Regulation (EC) No
1760/2000;
(d) ‘Animal passport’: the animal passport to be issued as referred to
in point (c) of Article 3 and Article 6 of Regulation (EC) No 1760/
2000;
(e) ‘Register’: the register kept by the keepers of animals in accor-
dance withArticle 4 of Council Directive 92/102/EEC(
1) or point
(d) of Article 3 and Article 7 of Regulation (EC) No 1760/2000respectively;
(f) ‘Elements of the system for the identification and registration of
bovine animals’: the elements referred to in Article 3 of Regula-tion (EC) No 1760/2000;
(g) ‘Identification code’: the identification code as referred to in
Article 4(1) of Regulation (EC) No 1760/2000;
(h) ‘Irregularities’: any non-compliance with the relevant rules for the
granting of the aid in question;
(i) ‘Area aid application’: application for the payment of aids under
aid schemes as referred to in Article 1(1)(a) and (b)(iii) of Regula-
tion (EEC) No 3508/92 and including the declaration of any other
uses of area, in particular the declaration of forage area for thepurposes of livestock aid applications;
(j) ‘Livestock aid application’: applications for the payment of aids
under aid schemes referred to in Article 1(1)(b)(i) and (ii) ofRegulation (EEC) No 3508/92;
(k) ‘Use’: the use of area in terms of the type of crop or ground cover
or the absence of a crop;
(l) ‘Bovine aid schemes’: aid schemes referred to in Article (1)(b)(i)
of Regulation (EEC) No 3508/92;
(m) ‘Ovine/caprine aid scheme’: aid scheme referred to in Article
1(1)(b)(ii) of Regulation (EEC) No 3508/92;
(n) ‘Claimed bovine animals’: bovine animals subject to a livestock
aid application under the bovine aid schemes;2001R2419 — EN — 13.12.2001 — 000.001 — 8
(1) OJ L 355, 5.12.1992, p. 32.
▼B
(o) ‘Unclaimed bovine animals’: bovine animals not yet subject to a
livestock aid application but potentially eligible for aid under thebovine aid schemes;
(p) ‘Retention period’: period during which an animal for which aid
has been claimed has to be kept on the holding, as provided for
in the following provisions:
— Article 5 and Article 9(1) of Commission Regulation (EC) No
2342/1999(
1), in relation to the special premium for male
bovines,
— Article 16 of Regulation (EC) No 2342/1999 in relation to the
suckler cow premium,
— Article 37 of Regulation (EC) No 2342/1999 in relation to the
slaughter premium,
— Article 1(3) of Commission Regulation (EEC) No 2700/93(2),
in relation to aids paid for ovines and caprines;
(q) ‘Animal keeper’: any natural or legal person responsible for
animals whether on a permanent or on a temporary basis,
inlcuding during transportation or at a market;
(r) ‘Area determined’: the area for which all conditions laid down in
the rules for the granting of the aid have been met;
(s) ‘Animal determined’: an animal for which all conditions laid down
in the rules for the granting of the aid have been met;
(t) ‘Premium period’: period to which aid applications refer irrespec-
tive of the moment of their submission.
Article 3
Identification of farmers applying for aid under the integrated
system
The Member States shall introduce a single system to record the iden-
tity of each farmer who submits an aid application subject to the
integrated system.
Article 4
Identificationandminimumsizeofagriculturalparcels
1. The identification system referred to in Article 4 of Regulation
(EEC) No 3508/92 shall operate at agricultural parcel level. TheMember States may provide that another unit, such as the cadastral
parcel or production block, be used instead of the agricultural parcel.
In such cases the Member States shall ensure that agricultural parcelsare reliably identified and in particular shall require area aid applica-tions to be furnished with particulars or accompanied by documentsspecified by the competent authority that enable each agriculturalparcel to be located and measured.
2. Each Member State shall determine the minimum size of agricul-
tural parcels in respect of which an application may be made.However, the minimum size may not exceed 0,3 ha.
Article 5
General principlesinrespect ofagricultural parcels
1. For the purposes of this Regulation:
(a) a parcel that both contains trees and is used for crop production
covered by Article 1 of Regulation (EEC) No 3508/92 shall be
considered an agricultural parcel provided that the production envi-
saged can be carried out in a similar way as on parcels withouttrees in the same area;2001R2419 — EN — 13.12.2001 — 000.001 — 9
(1) OJ L 281, 4.11.1999, p. 30.
(2) OJ L 245, 1.10.1993, p. 99.
▼B
(b) where a forage area is used in common, the competent authorities
shall notionally allocate it between the individual farmers inproportion to their use or right of use of it;
(c) eachforage area must be available for rearing animals for a
minimum period of seven months, starting on a date to be deter-mined by the Member State, which must be between 1 Januaryand 31 March.
2. Where a forage area is situated in a Member State other than that
of the farmer's principal place of business that area shall be deemed atthe request of the farmer to be part of that farmer's holding providedthat:
(a) it is situated in the immediate vicinity of the holding, and
(b) a major part of all the agricultural land used by that farmer is situ-
ated in the Member State in which he has his principal place of
business.
TITLE II
AIDAPPLICATIONS
CHAPTER I
Area aid applications
Article 6
Requirementspertainingtoarea aidapplications
1. An area aid application shall contain all information necessary to
establisheligibility for th e aid, in particular:
(a) the identity of the farmer;
(b) particulars permitting identification of all agricultural parcels on
the holding, their area expressed in hectares to two decimal places,location, use, whether the agricultural parcel is irrigated, and theaid scheme concerned;
(c) a statement by the farmer that he is aware of the requirements
pertaining to the aid in question.
2. An area aid application submitted by a farmer who is a member
of a producer group as defined in Article 1(2) of Regulation (EEC) No
3493/90, and who, in respect of the same calendar year applies for both
aid under the ovine/caprine aid scheme and for aid under anotherCommunity scheme shall specify all the agricultural parcels used bythe producer group. In such cases the forage area shall be notionallyallocated between the farmers concerned in proportion to their indivi-
dual limits as determined in accordance withArticle 6 of Council
Regulation (EC) No 2467/98(
1), valid on 1 January of the year
concerned.
3. If an area aid application relates only to permanent pasture the
Member State concerned may provide that it may be submitted by adate later than that fixed in accordance with Article 6(2) of Regulation(EEC) No 3508/92 which shall not be after 1 July.
The third subparagraph of Article 6(2) of Regulation (EEC) No 3508/
92 shall apply mutatis mutandis .
Article 7
Declarations inrelationtoparticularuses
1. Uses of area listed in the Annex to Regulation (EEC) No 3508/92
shall be declared separately.2001R2419 — EN — 13.12.2001 — 000.001 — 10
(1) OJ L 312, 20.11.1998, p. 1.
▼B
2. Uses of area not listed in Article 1(1) or in the Annex to Regula-
tion (EEC) No 3508/92 shall be declared under one or more ‘otheruses’ headings.
3. The Member States may provide that paragraphs 1 and 2 do not
apply where such information is made available to the competentauthorities in the framework of other administration and control
systems that guarantee compatibility with the integrated system in
accordance withArticle 9a of Regulation (EEC) No 3508/92.
Article 8
Amendmentsofareaaidapplications
1. Subject to paragraph 3, after the expiry of the time limit for the
submission of area aid applications individual agricultural parcels notyet declared in the aid application may be added and changes regardingthe use or aid scheme may be made provided that the requirementsunder the sectoral rules applicable to the aid scheme concerned arerespected.
2. The addition of agricultural parcels and amendments in accor-
dance with paragraph 1 shall be notified to the competent authority inwriting no later than the date laid down for sowing in, or fixed in
accordance withRegulation (EC) No 1251/1999.
The third subparagraph of Article 6(2) of Regulation (EEC) No 3508/
92 shall apply mutatis mutandis .
3. Where the competent authority has already informed the farmer
of irregularities in the aid application or where it has given notice tothe farmer of its intention to carry out an on-the-spot check and where
this on-the-spot check reveals irregularities, additions and amendments
in accordance with paragraphs 1 and 2 shall not be authorised inrespect of the agricultural parcels affected by the irregularities.
Article 9
Exemptionfromareaaidapplications
An area aid application need not be submitted by farmers applying for
any of the following livestock aids:
(a) the deseasonalisation premium provided for in Article 5 of Regula-
tion (EC) No 1254/1999;
(b) the slaughter premium provided for in Article 11 of Regulation
(EC) No 1254/1999;
(c) the special premium for male bovine animals and/or the suckler
cow premium, where the farmer is exempt from the stocking raterequirement pursuant to Article 12(1) of Regulation (EC) No1254/1999, provided that the farmer does not apply for the extensi-
fication payment provided for in Article 13 of that Regulation;
(d) the aid provided for under the ovine/caprine aid scheme.
CHAPTER II
Livestock aid applications
Article 10
Requirementspertainingtolivestockaidapplications
1. A livestock aid application shall contain all information necessary
to establisheligibility for th e aid, in particular:
(a) the identity of the farmer;
(b) a reference to the area aid application if this has already been
submitted;
(c) the number of animals of each type in respect of which any aid is
applied for and, for bovines, the identification code of the animals;2001R2419 — EN — 13.12.2001 — 000.001 — 11
▼B
(d) where applicable, an undertaking by the farmer to keep the animals
referred to in point (c) on his holding during the retention periodand information on the location or locations where the animals
will be held including the period or periods concerned;
(e) where applicable, the individual limit or individual ceiling for the
animals concerned;
(f) where applicable, the individual milk reference quantity available
to the farmer on 31 March or, if the Member State concerneddecides to make use of the derogation provided for in Article 44aof Regulation (EC) No 2342/1999, on 1 April of the calendar yearconcerned; where this quantity is unknown on the date on which
the application is submitted, it shall be notified to the competent
authority at the earliest opportunity;
(g) a statement by the farmer that he is aware of the requirements
pertaining to the aid in question.
If the animal is moved to another location during the retention period
the farmer shall inform the competent authority in writing in advance.
2. The Member States shall guarantee every animal keeper the right
to obtain from the competent authority without constraint at reasonableintervals and without excessive delay information on the data relating
to him and his animals kept in the computerised database. When
submitting his aid application, the farmer shall declare that this data iscorrect and complete or he shall rectify any incorrect or add missingdata.
3. The Member States may decide that some of the information
referred to in paragraph1 need not be included in th e aid application,where it has already been communicated to the competent authority.
The Member States may in particular introduce procedures by which
data contained in the computerised database may be used for thepurpose of the aid application provided that the computerised databaseoffers the level of assurance and implementation necessary for theproper management of the aid schemes involved.
4. The Member States may provide that some of the information
referred to in paragraph1 can or sh all be forwarded via a body orbodies approved by them. However, the farmer shall remain respon-sible for the data transmitted.
CHAPTER III
Common provisions
Article 11
Electronic transmission
1. The Member States may permit communications required under
this Regulation from the farmer to the competent authorities to bemade by electronic transmission. In this event, appropriate measuresshall be taken to ensure that:
(a) the farmer is unambiguously identified and complies with all
requirements;
(b) all the necessary accompanying documents are received by the
competent authorities within the same time limits as in the case oftransmission by non-electronic means;
(c) there is no discrimination between farmers using non-electronic
means of submission and those opting for electronic transmission.
2. Notifications to the computerised database shall have the effect of
an electronic transmission within the meaning of paragraph 1 providedthat the computerised database offers the level of assurance and imple-mentation necessary for the proper management of the aid schemesinvolved.2001R2419 — EN — 13.12.2001 — 000.001 — 12
▼B
Article 12
Adjustmentsofobviouserrors
Without prejudice to Articles 6 to 11, an aid application may be
adjusted at any time after its submission, in cases of obvious errorsrecognised by the competent authority.
Article 13
Latesubmission
1. Except in cases of force majeure and exceptional circumstances
within the meaning of Article 48, submission of an area aid applicationor a livestock aid application after the time limits laid down in the rele-vant sectoral rules shall lead to a 1 % reduction per working day in the
amounts to which the farmer would have been entitled if the aid appli-
cation had been lodged within the time limit.
If the delay amounts to more than 25 calendar-days the application
shall be considered inadmissible.
Late submission of an area aid application that only relates to perma-
nent pasture shall lead to a reduction of half a percent per working dayin the amounts to which the farmer would have been entitled under theaid schemes concerned. Where such aid applications are submitted after1 July they shall be considered inadmissable.
However, where the Member States make use of the possibility
provided for in Article 6(3), no reductions shall apply in respect ofaid applications submitted before the date fixed by the Member State.Aid applications submitted thereafter shall be considered inadmissable.
2. Submission of an amendment to an area aid application after the
latest date for sowing as referred to in Article 8(2) shall lead to a 1 %reduction per working day in the amounts relating to the actual use ofthe agricultural parcels concerned.
Amendments to an area aid application shall only be admissible until
the latest date for submission of an area aid application as specified in
paragraph 1. However, where that date is earlier than, or the same as,the latest date for sowing as referred to in Article 8(2), amendments toan area aid application shall be considered inadmissable after that latestdate for sowing.
3. Late submission of an area aid application shall not entail reduc-
tions or exclusions from the livestock aids referred to in Article 9.
4. As regards forage areas, where the area aid application is
submitted late the resulting reduction shall be in addition to any otherreduction applicable to the late submission of applications for aid
referred to in Articles 12 and 13 of Regulation (EC) No 1254/1999.
Article 14
Withdrawalofaidapplications
1. An aid application may be totally or partially withdrawn at any
time.
However, where the competent authority has already informed the
farmer of irregularities in the aid application or where the competentauthority has given notice to the farmer of its intention to carry out anon-the-spot check and where this on-the-spot check reveals irregulari-
ties withdrawals shall not be authorised in respect of the parts of the
aid application affected by the irregularities.
2. Withdrawals in accordance with paragraph 1 shall put the clai-
mant into the position he was in before he submitted the aidapplication or part of the aid application in question.2001R2419 — EN — 13.12.2001 — 000.001 — 13
▼B
TITLE III
CHECKS
Article 15
General principle
Administrative and on-the-spot checks shall be made in such a way as
to ensure effective verification of compliance withth e terms underwhich aids are granted.
CHAPTER I
Administrative checks
Article 16
Cross-checks
The administrative checks referred to in Article 8(1) of Regulation
(EEC) No 3508/92 shall include in particular:
(a) cross-checks on declared agricultural parcels and animals in order
to avoid undue multiple granting of the same aid in respect of thesame calendar or marketing year and to prevent any undue cumula-tion of aid granted under Community aid schemes involving
declarations of areas;
(b) cross-checks by means of the computerised database to verify elig-
ibility for the aid.
CHAPTER II
On-the-spot checks
SectionI
Common provisions
Article 17
General principles
1. On-the-spot checks shall be unannounced. However, provided that
the purpose of the control is not jeopardized, advance notice limited tothe strict minimum necessary may be given. Such notice shall, exceptin duly justified cases, not exceed 48 hours.
2. Where appropriate, the on-the-spot checks provided for in this
Regulation, as well as any other checks provided for in Communityrules, shall be carried out at the same time.
3. The application or applications concerned shall be rejected if the
farmer or his representative prevent an on-the-spot check from being
carried out.
Article 18
Controlrate
1. The total number of on-the-spot checks carried out each year
shall cover at least:
(a) 5 % of all farmers submitting area aid applications;
(b) 5 % of all farmers submitting livestock aid applications under the
bovine aid schemes, except where the computerised database does
not offer the level of assurance and implementation necessary forthe proper management of the aid schemes involved, in whichcase the percentage shall be increased to 10 %. These on-the-spotchecks shall also cover at least 5 % of all animals per aid scheme
for which aid is applied for;
(c) 10 % of all farmers submitting livestock aid applications under the
ovine/caprine aid scheme.2001R2419 — EN — 13.12.2001 — 000.001 — 14
▼B
2. Should on-the-spot checks reveal significant irregularities in the
context of a given aid scheme or in a region or part of a region thecompetent authority shall appropriately increase the number of on-the-
spot checks during the current year and shall, moreover, appropriately
increase the percentage of farmers to be checked on-the-spot in thefollowing year.
3. Where it is provided that particular elements of an on-the-spot
check may be carried out on the basis of a sample this sample mustguarantee a reliable and representative level of control. The MemberStates shall establish the criteria for the selection of the sample. If the
checks on that sample reveal irregularities, the extent and scope of the
sample shall be extended appropriately.
Article 19
Selection ofapplicationstobecheckedonthespot
1. Farmers subjected to on-the-spot checks shall be selected by the
competent authority on the basis of a risk analysis and an element of
representativeness of the aid applications submitted. The risk analysis
shall take account of:
(a) the amount of aid involved;
(b) the number of agricultural parcels and the area or number of
animals for which aid is requested;
(c) changes from the previous year;
(d) the findings of checks made in past years;
(e) cases of non-compliance withRegulation (EC) No 1760/2000;
(f) those farmers who are either just above or below ceilings or limits
relevant for the granting of aids;
(g) replacements of animals pursuant to Article 37;
(h) other factors to be defined by the Member States.
To provide the element of representativity, the Member States shall
select randomly between 20 % and 25 % of the minimum number offarmers to be subject to on-the-spot checks.
2. The competent authority shall keep records on the reasons for the
selection of each farmer for an on-the-spot check. The inspectorcarrying out the on-the-spot check shall be informed accordingly priorto the commencement of the on-the-spot check.
Article 20
Controlreport
1. Every on-the-spot check shall be the subject of a control report
which makes it possible to review the details of the checks carriedout. The report shall indicate in particular:
(a) the aid schemes and applications checked;
(b) the persons present;
(c) the agricultural parcels checked, the agricultural parcels measured,
the results of the measurements per measured agricultural parcel
and the measuring methods used;
(d) the number and type of animals found and, where applicable, the
ear-tag numbers, entries in the register and in the computeriseddatabase and any supporting documents checked, the results of the
checks and, where applicable, particular observations in respect of
individual animals and/or their identification code;
(e) whether notice was given to the farmer of the visit and, if so, the
period of advance notification;
(f) indication of any further control measures carried out.
2. The farmer or his representative shall be given the opportunity to
sign the report to attest his presence at the check and to add observa-2001R2419 — EN — 13.12.2001 — 000.001 — 15
▼B
tions. Where irregularities are found the farmer shall receive a copy of
the control report.
Where the on-the-spot check is carried out by means of remote sensing
in accordance withArticle 23, th e Member States may decide not togive the farmer or his representative the opportunity to sign the controlreport if no irregularities are revealed during the check by remote-sensing.
SectionII
On-the-spot checks of area aid applications
Article 21
Elementsoftheon-the-spotchecks
On-the-spot checks shall cover all the agricultural parcels for which aid
is requested under aid schemes within the meaning of Article 1(1) ofRegulation (EEC) No 3508/92. However, the actual inspection in the
field as part of the on-the-spot check may be limited to a sample of at
least half of the agricultural parcels for which applications have beensubmitted.
Article 22
Determinationofareas
1. Agricultural parcel areas shall be determined by any appropriate
means defined by the competent authority which ensure measurementof a precision at least equivalent to that required for official measure-ments under the national rules. The competent authority shall set atolerance margin taking account of the measuring method used, theaccuracy of the official documents available, local factors such as slope
and shape of parcel and the provisions of paragraph 2.
2. The total area of an agricultural parcel may be taken into account
provided that it is fully utilized according to the customary standards ofthe Member State or region concerned. In other cases the area actuallyutilized shall be taken into account.
In respect of those regions where certain features, in particular hedges,
ditches and walls, are traditionally part of good agriculture cropping orutilisation practices, the Member States may decide that the corre-sponding area is to be considered part of the fully utilised area oncondition that it does not exceed a total width to be determined by the
Member States. Th is widthmust correspond to a traditional widthin
the region in question and shall not exceed 2 metres.
The Member States may, after prior notification to the Commission,
allow a width greater than 2 metres if those areas were taken intoaccount for the fixing of the yields of the regions concerned.
3. The eligibility of agricultural parcels shall be verified by any
appropriate means. To this end additional proof shall be requestedwhere necessary.
Article 23
Remotesensing
1. If a Member State makes use of remote sensing on all or part of
the sample referred to in Article 18(1)(a) the following rules shall
apply:
(a) the zones to be controlled by remote sensing shall, as far as
possible, be selected taking account of appropriate risk factors tobe determined by the Member State;
(b) the provisions of Article 19 shall apply only where not all farmers
submitting aid applications and falling within the respective zoneare subjected to on-the-spot checks.2001R2419 — EN — 13.12.2001 — 000.001 — 16
▼B
2. As far as the controls by remote-sensing are concerned the
Member State shall:
(a) perform photo interpretation of satellite images or aerial photo-
graphs of all agricultural parcels to be checked with a view torecognizing the ground cover and measuring the area;
(b) check on the spot all applications for which photo interpretation
does not make it possible to verify the accuracy of the declarationto the satisfaction of the competent authority.
3. If a Member State makes use of remote sensing the additional
checks referred to in Article 18(2) shall be carried out by means oftraditional on-the-spot checks if it is no longer possible to carry themout by means of remote sensing within the current year.
SectionIII
On-the-spot checks of livestock aid applications
Article 24
Timingofon-the-spotchecks
1. The minimum rate of on-the-spot checks provided for in Article
18(1)(b), for aid schemes other than those provided for in Article 4(6)and Article 11 of Regulation (EC) No 1254/1999, shall be conductedthroughout the retention period for at least one of the aid schemes
concerned.
2. At least 50 % of the minimum rate of on-the-spot checks
provided for in Article 18(1)(c) shall be conducted throughout theretention period. However, the minimum rate of on-the-spot checksshall be fully conducted throughout the retention period in Member
States where the system established by Directive 92/102/EEC as
concerns ovines and caprines, in particular in relation to the identifica-tion of animals and the proper keeping of registers, is not fullyimplemented and applied.
Article 25
Elementsoftheon-the-spotchecks
1. On-the-spot checks shall cover all livestock for which aid applica-
tions have been submitted under the aid schemes to be checked and, in
the case of checks of the bovine aid schemes, also the unclaimed
bovine animals.
2. On-the-spot checks shall include in particular:
(a) a check that the number of animals present on the holding for
which aid applications have been submitted and the number ofunclaimed bovine animals corresponds to the number of animalsentered in the registers and, in the case of bovine animals, to thenumber of animals notified to the computerised database;
(b) in relation to the bovine aid schemes, checks
— of the correctness of entries in the register and the notifications
to the computerised database on the basis of a sample ofsupporting documents suchas purch ase and sales invoices,slaughter certificates, veterinary certificates and, where applic-
able, animal passports, in relation to animals for which aid
applications were submitted in the 12 months prior to the on-the-spot check,
— that information held in the computerised database corresponds
to the information given in the register on the basis of a sample
in relation to animals for which aid applications were submitted
in the 12 months prior to the on-the-spot check,
— that all animals present on the holding and still kept under the
retention obligation are eligible for the aid claimed,
— that all bovine animals present on the holding are identified by
ear-tags and accompanied, where applicable, by animal pass-2001R2419 — EN — 13.12.2001 — 000.001 — 17
▼B
ports and that they are recorded in the register and have been
duly notified to the computerised database. These checks shallbe made individually for eachindividual male bovine still kept
under the retention obligation for which an application has been
submitted for the special beef premium with the exception ofthose submitted in accordance with Article 4(6) of Regulation(EC) No 1254/1999. In all other cases the check on correctrecording in the animal passports, the register and notification
to the database may be made on the basis of a sample;
(c) in relation to the ovine/caprine aid scheme, a check on the basis of
the register that all the animals for which aid applications weresubmitted in the 12 months prior to the on-the-spot check havebeen kept on the holding throughout the retention period and acheck of the correctness of entries in the register on the basis of a
sample of supporting documents suchas purch ase and sales
invoices and veterinary certificates.
Article 26
Control-measuresasregardson-the-spotchecksinslaughterhouses
1. As regards the special beef premium provided for in Article 4(6)
of Regulation (EC) No 1254/1999 and the slaughter premium providedfor in Article 11 of that Regulation, on-the-spot checks shall be carried
out in the slaughterhouses. In this case the Member States shall carry
out on-the-spot checks either:
(a) in at least 30 % of all slaughterhouses, selected on the basis of a
risk analysis, in which case the controls shall cover a sample of5 % of the total number of bovine animals which have beenslaughtered in the slaughterhouse concerned during the 12 monthsprior to the on-the-spot check, or
(b) in at least 20 % of those slaughterhouses which have been
approved beforehand according to particular criteria of reliability
to be determined by the Member States and are selected on thebasis of a risk analysis, in which case the controls shall cover asample of 2 % of the total number of bovine animals which havebeen slaughtered in the slaughterhouse concerned during the 12
months prior to the on-the-spot check.
These on-the-spot checks shall comprise a posteriori scrutiny of docu-
ments, a comparison with the entries in the computerised database and
checks of summaries relating to the slaughter certificates, or informa-
tion in place thereof, which were sent to other Member States inaccordance withArticle 35(3) of Regulation (EC) No 2342/1999.
2. On-the-spot checks in the slaughterhouses shall comprise physical
checks of slaughtering procedures carried out on the day of the on-the-spot check on the basis of a sample. Where necessary, it shall bechecked whether the carcasses presented for weighing are eligible for
aid.
Article 27
Control-measuresasregardsthepremiumgrantedafter export
1. As regards the slaughter premium granted for bovine animals
exported to third countries in accordance with Article 11 of Regulation(EC) No 1254/1999 all loading operations shall be subject to on-the-spot checks, which shall be carried out as follows:
(a) at the time of loading, it shall be verified that all bovine animals
are identified by ear-tags. Furthermore, at least 10 % of the bovineanimals so verified shall be checked individually with a view to
verifying their identification;
(b) at the time of the departure from the Community territory:
— where an official customs seal has been applied to the means of
transport, it shall be checked that the seal is undamaged. If theseal is undamaged a sample check shall only be carried out ifthere are doubts as to the regularity of the load,2001R2419 — EN — 13.12.2001 — 000.001 — 18
▼B
— where no official customs seal has been applied to the means of
transport or where a customs seal is damaged, at least 50 % ofbovine animals that were individually checked at the time of
loading shall be checked again.
2. The animal passports shall be surrendered to the competent
authority in accordance with Article 6(5) of Regulation (EC) No1760/2000.
3. The paying agency within the meaning of Article 4(2) of Regula-
tion (EC) No 1258/1999 which is responsible for the payment of thepremium shall scrutinize the aid applications on the basis of thepayment files and other available information, paying particular atten-
tion to the documents relating to the export and the comments of the
competent control authorities and shall check whether the animal pass-ports have been surrendered in accordance with paragraph 2.
Article 28
Specialprovisionsasregardsadditionalpayments
As regards the additional payments provided for in Article 15 of Regu-
lation (EC) No 1254/1999 the Member State shall, where appropriate,apply the provisions of this Title. If the application of those provisions
is not appropriate because of the structure of the additional payment
scheme, the Member States shall provide controls ensuring a controllevel equivalent to that laid down in this Regulation.
Article 29
Specialprovisionsasregardsthecontrolreport
1. Where Member States carry out on-the-spot checks pursuant to
this Regulation in conjunction with inspections pursuant to Commis-sion Regulation (EC) No 2630/97(
1), the control report provided for
in Article 20 shall be supplemented by reports in accordance with
Article 2(5) of that Regulation.
2. With regard to the checks in slaughterhouses provided for in
Article 26(1), the control report provided for in Article 20 may consist
of an indication in the slaughterhouse accounts showing which animals
have been subject to the checks.
With regard to the checks provided for in Article 26(2), the report shall
include, inter alia, the identification numbers, the carcass weights and
dates of the slaughter in relation to all animals slaughtered and checked
on the day of the on-the-spot check.
3. With regard to the checks provided for in Article 27, the control
report may consist only of an indication of the animals so checked.
4. Where on-the-spot checks conducted in accordance with this
Regulation reveal cases of non-compliance withth e provisions of TitleI of Regulation (EC) No 1760/2000, copies of the control reportprovided for in Article 20 shall be sent without delay to the authoritiesresponsible for the implementation of Regulation (EC) No 2630/97.2001R2419 — EN — 13.12.2001 — 000.001 — 19
(1) OJ L 354, 30.12.1997, p. 23.
▼B
TITLE IV
BASISFORTHECALCULATIONOF THE AID,R EDUCTIONS
ANDEXCLUSIONS
CHAPTER I
Findings in relation to area aid applications
Article 30
General principles
For the purpose of this chapter the following crop-groups shall be
distinguished:
(a) forage areas declared for the purposes of Article 12 of Regulation
(EC) No 1254/1999;
(b) forage areas other than pasture-land and other than areas used for
the production of arable-crops within the meaning of Article13(3)(b) of Regulation (EC) No 1254/1999 declared for the
purposes of Article 13 of that Regulation;
(c) pasture land within the meaning of Article 13(3)(c) of Regulation
(EC) No 1254/1999 declared for the purposes of Article 13 of thatRegulation;
(d) permanent pasture land declared for the purposes of Article 19 of
Council Regulation (EC) No 1255/1999(
1);
(e) crop areas for which a different aid rate is applicable;
(f) set-aside areas and, where applicable, set-aside areas for which a
different aid-rate is applicable.
Article 31
Basisofcalculation
1. If the area of a crop group determined is found to be greater than
that declared in the aid application, the area declared shall be used forcalculation of the aid.
2. Without prejudice to reductions and exclusions in accordance
withArticles 32 to 35, if th e area declared in an area aid application
exceeds the area determined for that crop group as a result of adminis-trative or on-the-spot checks the aid shall be calculated on the basis ofthe area determined for that crop group.
3. The calculation of the maximum eligible area for the area
payments to arable crop producers shall be made on the basis of thearea of set-aside land determined and on a pro rata basis for each
crop concerned. However, payments to arable crop producers shall, in
relation to the area of set-aside land determined, only be reduced to thelevel corresponding to the area which would be needed to produce 92tonnes of cereals in accordance withArticle 6(7) of Regulation (EC)No 1251/1999.
4. If a farmer has been unable to comply with his obligations as a
result of force majeure or exceptional circumstances within the
meaning of Article 48, he shall retain his right to aid in respect of thearea eligible at the time when the case of force majeure or the excep-tional circumstance occurred.
Article 32
Reductionsandexclusionsincasesofoverdeclaration
1. If, in respect of a crop-group, the area declared exceeds the area
determined in accordance with Article 31(2) the aid shall be calculatedon the basis of the area determined reduced by twice the difference2001R2419 — EN — 13.12.2001 — 000.001 — 20
(1) OJ L 160, 26.6.1999, p. 48.
▼B
found if that difference is more than either 3 % or two hectares but no
more than 20 % of the area determined.
If the difference is more than 20 % of the area determined, no area-
linked aid shall be granted for the crop-group concerned.
2. If, in respect of the overall area determined covered by an appli-
cation for aid under the aid schemes referred to in Article 1(1)(a) of
Regulation (EEC) No 3508/92, the area declared exceeds the areadetermined in accordance with Article 31(2) by more than 30 %, theaid to which the farmer would have been entitled pursuant to Article31(2) shall be refused for the calendar year in question under thoseaid schemes.
If the difference is more than 50 %, the farmer shall be excluded once
again from receiving aid up to an amount equal to that to be refusedunder the first subparagraph. This amount shall be off-set against aidpayments under any of the aid schemes referred to in Article 1(1) of
Regulation (EEC) No 3508/92 to which the farmer is entitled in the
context of applications he lodges in the course of the three calendaryears following the calendar year of the finding.
Article 33
Intentionalnon-compliance
Where differences between the area declared and the area determined
in accordance withArticle 31(2) result from irregularities committedintentionally, the aid to which the farmer would have been entitled
pursuant to Article 31(2) shall not be granted for the calendar year in
question under the aid scheme concerned.
Moreover, where that difference is more than 20 % of the area deter-
mined, the farmer shall be excluded once again from receiving aid up
to an amount equal to that to be refused under the first subparagraph.
This amount shall be off-set against aid payments under any of the aidschemes referred to in Article 1(1) of Regulation (EEC) No 3508/92 towhich the farmer is entitled in the context of applications he lodges inthe course of the three calendar years following the calendar year ofthe finding.
Article 34
Calculation of forage area for premiums referred to in Article 12
ofRegulation(EC)No1254/1999
1. Articles 31, 32(1) and 33 shall apply to the calculation of the
forage-area for the granting of the aids referred to in Article 12 ofRegulation (EC) No 1254/1999.
2. Where a difference of more than 50 % is found between the area
declared and the area determined in accordance with Article 31(2), thefarmer shall, in the framework of aid applications he lodges in thecourse of the three calendar years following the calendar year of thefinding, be excluded once again in respect of a forage area equal tothe area for which aid is refused under the second subparagraph of
Article 32(1).
3. Reductions and exclusions in accordance withparagraph s 1 and 2
shall only apply if the area declared resulted, or would have resulted, ina higher payment.
Article 35
Calculationofforageareafortheextensificationpaymentinaccor-
dancewithArticle 13ofRegulation(EC)No1254/1999
1. Extensification payments as provided for in Article 13 of Regula-
tion (EC) No 1254/1999 may not be granted for a greater number ofanimals than that for which the premiums referred to in Article 12 ofthat Regulation may be paid after application of Article 34 of thisRegulation.2001R2419 — EN — 13.12.2001 — 000.001 — 21
▼B
2. Without prejudice to paragraph 1, the forage area concerned shall
be determined in accordance withArticle 31.
If the ceiling of the stocking density factor is not exceeded in relation
to the area thus determined the area determined shall be the basis forthe calculation of the extensification payment.
If the ceiling is exceeded, the total amount of aid to which the farmer
is entitled following aid applications under aid schemes referred to in
Article 12 of Regulation (EC) No 1254/1999 submitted during the
calendar year in question, shall be reduced by 50 % of the amount thefarmer has, or would otherwise have, received as extensificationpayment.
3. Where the difference between the area declared and the area
determined results from irregularities committed intentionally andwhere the ceiling of the stocking density factor is exceeded in relation
to the area determined, the total amount of aid referred to in paragraph
2 shall be refused. In this case, the second subparagraph of Article 33shall, moreover, apply accordingly.
CHAPTER II
Findings in relation to livestock aid applications
Article 36
Basisofcalculation
1. Where an individual limit or individual ceiling is applicable, the
number of animals shown in the aid applications shall be reduced tothe limit or ceiling set for the farmer concerned.
2. In no case may aid be granted for a number of animals greater
than that shown in the aid application.
3. Without prejudice to Articles 38 and 39, if the number of animals
declared in an aid application exceeds that determined as a result ofadministrative or on-the-spot checks, the aid shall be calculated on thebasis of the animals determined.
However, if a farmer has been unable to comply with his retention
obligation as a result of force majeure or exceptional circumstances
within the meaning of Article 48, he shall retain his right to aid in
respect of the number of animals eligible at the time when the case offorce majeure or the exceptional circumstance occurred.
4. Where cases of non-compliance with the system for the identifi-
cation and registration for bovine animals are found the following shallapply:
(a) a bovine animal which has lost one of the two eartags shall be
regarded as determined provided that it is clearly and individuallyidentified by the other elements of the system for the identification
and registration of bovine animals;
(b) where the irregularities found relate to incorrect entries in the
register or the animal passports, the animal concerned shall onlybe deemed as not determined if sucherrors are found on at leasttwo checks within a period of 24 months. In all other cases theanimals concerned shall be deemed as not determined already after
the first finding.
The provisions of Article 12 shall apply in relation to entries in, and
notifications to, the system for the identification and registration of
bovine animals.
Article 37
Replacement
1. Bovine animals present on the holding shall only be regarded as
determined if they are identified in the aid application. However,suckler cows or heifers in respect of which aid is claimed in accor-2001R2419 — EN — 13.12.2001 — 000.001 — 22
▼B
dance withArticle 6(2) or Article 10(1) of Regulation (EC) No 1254/
1999 and dairy cows in respect of which aid is claimed in accordancewith Article 13(4) of that Regulation may be replaced during the reten-
tion period within the limits provided for in those Articles without the
loss of the right to the payment of the aid applied for.
2. Replacements pursuant to paragraph 1 shall occur within 20 days
following the event necessitating the replacement and shall be enteredin the register not later than three days after the day of replacement.The competent authority to which the aid application was submitted
shall be informed within ten working days after the replacement.
Article 38
Reductionsandexclusionsinrespectofbovineanimalsclaimedfor
aid
1. Where, in respect of an application for aid under the bovine aid
schemes, a difference is found between the number of animals declared
and that determined in accordance with Article 36(3), the total amountof aid to which the farmer is entitled under those schemes for thepremium period concerned shall be reduced by the percentage to beestablished in accordance with paragraph 3, if no more than 3 animalsare found withirregularities.
2. If more than 3 animals are found with irregularities the total
amount of aid to which the farmer is entitled under those schemes for
the premium period concerned shall be reduced by:
(a) the percentage to be established in accordance with paragraph 3, if
this is not more than 10 %, or
(b) twice the percentage to be established in accordance with para-
graph 3, if this is more than 10 % but not more than 20 %.
If the percentage established in accordance with paragraph 3 is more
than 20 %, the aid to which the farmer would have been entitled
pursuant to Article 36(3) shall be refused under those schemes for thepremium period concerned.
If the percentage established in accordance with paragraph 3 is more
than 50 %, the farmer shall, moreover, be excluded once again fromreceiving aid up to an amount equal to that to be refused under the firstsubparagraph. This amount shall be off-set against aid payments under
the bovine aid schemes to which the farmer is entitled in the context of
applications he lodges in the course of the three calendar yearsfollowing the calendar year of the finding.
3. In order to establish the percentages referred to in paragraphs 1
and 2, the bovine animals claimed under all bovine aid schemes duringthe premium period concerned and found with irregularities shall bedivided by all bovine animals determined for the premium period
concerned.
4. Where differences between the number of animals declared and
that determined in accordance with Article 36(3) result from irregulari-ties committed intentionally the aid to which the farmer would havebeen entitled pursuant to Article 36(3) shall be refused under thebovine aid scheme or schemes concerned for the premium period inquestion.
Where the difference established in accordance with paragraph 3 is
more than 20 %, the farmer shall be excluded once again from
receiving aid up to an amount equal to that to be refused under the firstsubparagraph. This amount shall be off-set against aid payments underthe bovine aid schemes to which the farmer is entitled in the context ofapplications he lodges in the course of the three calendar yearsfollowing the calendar year of the finding.2001R2419 — EN — 13.12.2001 — 000.001 — 23
▼B
Article 39
Non-compliance with the provisions concerning the identification
andregistrationofunclaimedbovineanimals
1. Where cases of non-compliance with the provisions of the system
for the identification and registration of bovine animals are found as aresult of an on-the-spot check concerning unclaimed bovine animals,
the total amount of aid to which the farmer is entitled pursuant to
Article 36(3) under the bovine aid schemes for the premium periodconcerned, where appropriate after the application of reductions inaccordance withArticle 38, sh all, except in cases of force majeure orexceptional circumstances within the meaning of Article 48, be reduced
by an amount to be calculated on the basis of the formula set out in
paragraph2.
The same shall apply where more bovine animals have been entered in,
or notified to, the elements of the system for the identification andregistration of bovine animals than are present on the holding.
Article 36(4) shall apply mutatis mutandis .
2. The calculation referred to in paragraph 1 shall be carried out
according to the following formula:
In this formula the symbols shall mean:
a = the number of cases of non-compliance with the system for the
identification and registration of bovine animals;
b = the number of bovine animals present on the holding at the time
of the on-the-spot check;
c = the average number of bovine animals on the holding during the
year in which the on-the-spot check is carried out by applying
mutatis mutandis the methods used for the purposes of Article
32 of Regulation (EC) No 2342/1999;
d = the total amount of aid to which the farmer is entitled pursuant to
Article 36(3) under the bovine aid schemes for the premiumperiod concerned, where appropriate after the application ofreductions in accordance withArticle 38.
3. Where several on-the-spot checks are carried out in respect of the
same farmer in the course of one year any reductions to be appliedaccording to paragraph 1 shall be calculated on the basis of the arith-metical average of the results established for each on-the-spot check.
4. If the non-compliance referred to in paragraph 1 is committed
intentionally, no aid shall be granted under the aid scheme or schemesconcerned for the premium period in question.
Article 40
Reductionsandexclusionsinrespectofovines/caprinesclaimedfor
aid
Where, in respect of applications for aid under the ovine/caprine aid
scheme, a difference is found between the number of animals declared
and that determined in accordance with Article 36(3), Article 38(2), (3)
and (4) shall apply mutatis mutandis as from the first animal in respect
of which irregularities are found.
Article 41
Naturalcircumstances
The reductions and exclusions provided for in Articles 38 and 40 shall
not apply in cases where, owing to the impact of natural circumstanceson the herd or flock, the farmer cannot meet his commitment to keepthe animals in respect of which aid is claimed throughout the retention2001R2419 — EN — 13.12.2001 — 000.001 — 24
▼B
period, provided that he has informed the competent authority in
writing within ten working days of finding any reduction in the numberof animals.
Without prejudice to the actual circumstances to be taken into account
in individual cases, the competent authorities may recognise, in parti-cular, the following cases of natural circumstances of the herd or flock:
(a) deathof an animal as a consequence of a disease;
(b) death of an animal following an accident for which the farmer
cannot be held responsible.
Article 42
Falsecertificates anddeclarations issuedbyslaughterhouses
As regards the declarations or certificates issued by slaughterhouses in
connection with the slaughter premium in accordance with Article 35
of Regulation (EC) No 2342/1999, if it is found that the slaughterhousegave a false certification or declaration as a result of serious negligenceor intentionally, the Member State concerned shall apply appropriatenational sanctions. Where such irregularities are found a second time
the slaughterhouse involved shall be excluded for a period of at least
one year from the right to make declarations or to issue certificatesvalid for premium purposes.
Article 43
Findingsinrelationtoadditionalpayments
As regards the additional payments provided for in Article 14 of Regu-
lation (EC) No 1254/1999 the Member States shall provide for
reductions and exclusions which shall, in substance, be equivalent tothose provided for in this Title.
CHAPTER III
Common provisions
Article 44
Exceptionsfromtheapplicationofreductionsandexclusions
1. The reductions and exclusions provided for in this Title shall not
apply where the farmer submitted factually correct information orwhere he can show otherwise that he is not at fault.
2. The reductions and exclusions provided for in this Title shall not
apply with regard to those parts of the aid application as to which thefarmer informs the competent authority in writing that the aid applica-
tion is incorrect or has become incorrect since it was lodged, provided
that the farmer has not been informed of the competent authority'sintention to carry out an on-the-spot check and that the authority hasnot already informed the farmer of any irregularity in the application.
The information given by the farmer as referred to in the first subpara-
graph shall have the effect that the aid application is adjusted to the
actual situation.
Article 45
Amendmentsand adjustmentsof entries in the computerised data-
base
1. In respect of claimed bovine animals, Article 44 shall apply from
the time the aid application is submitted to errors and omissions in
relation to entries in the computerised database.
2. In respect of unclaimed bovine animals the reductions and exclu-
sions provided for in Article 39 shall not apply if the farmercommunicates amendments and adjustments of entries in the compu-terised database to the competent authority provided that the farmer2001R2419 — EN — 13.12.2001 — 000.001 — 25
▼B
has not been informed of the competent authority's intention to carry
out an on-the-spot check.
TITLE V
GENERALPROVISIONS
Article 46
Minimumpayments
The Member States may decide not to grant any aid if the amount per
aid application does not exceed EUR 50.
Article 47
Accumulationofsanctions
1. Reductions and exclusions under this Regulation shall apply inde-
pendently from eachoth er and individually.
2. Subject to Article 6 of Council Regulation (EC) No 2988/95(1),
the reductions and exclusions under this Regulation shall be withoutprejudice to additional sanctions pursuant to any other provisions underCommunity or national law.
Article 48
Force majeure andexceptionalcircumstances
1. Cases of force majeure and of exceptional circumstances with
relevant evidence to the satisfaction of the competent authority shallbe notified in writing to the authority within ten working days of thedate on which the farmer is in a position to do so.
2. Exceptional circumstances may be recognized by the competent
authority in cases such as, for example:
(a) the death of the farmer;
(b) long-term professional incapacity of the farmer;
(c) a severe natural disaster gravely affecting the holding's agricultural
land;
(d) the accidental destruction of livestock buildings on the holding;
(e) an epizootic affecting part or all of the farmer's livestock.
Article 49
Recovery ofunduepayments
1. If undue payment is made, the farmer shall repay the amount in
question plus interest calculated in accordance withparagraph3.
2. The Member States may decide that recovery of an undue
payment is to be made by deduction of that amount from any advances
or payments under aid schemes referred to in Article 1(1) of Regulation
(EEC) No 3508/92 made to the farmer following the date of the deci-sion to recover. However, the farmer may repay the amount withoutwaiting for the deduction.
3. Interest shall be calculated for the period elapsing between the
notification of the repayment obligation to the farmer and either repay-ment or deduction.
The rate of interest applicable shall be calculated according to the
provisions of national law but shall not be lower than the interest rateapplicable for the recovery of amounts under national provisions.
4. The repayment obligation referred to in paragraph 1 shall not
apply if the payment was made by error of the competent authority2001R2419 — EN — 13.12.2001 — 000.001 — 26
(1) OJ L 312, 23.12.1995, p. 1.
▼B
itself or of another authority and if the error could not reasonably have
been detected by the farmer.
However, where the error relates to factual elements relevant for the
calculation of the payment concerned, the first subparagraph shall
only apply if the decision to recover was not communicated within 12
months of the payment.
5. The repayment obligation referred to in paragraph 1 shall not
apply if the period which elapsed between the date of the payment ofthe aid and that of the first notification to the beneficiary by thecompetent authority concerning the undue nature of the payment
concerned is more than ten years.
However, the period referred to in the first subparagraph shall be
limited to four years if the beneficiary acted in good faith.
6. Amounts to be recovered as a consequence of the application of
reductions and exclusions pursuant to Article 13 and Title IV shall besubject to a prescription period of four years.
7. Paragraphs 4 and 5 shall not apply in the case of advances.8. The Member States may decide not to recover amounts of
EUR 100 or less, not including interest, per farmer and per premiumperiod, provided that their national law provides for non-recovery in
suchcases.
Article 50
Transferofholdings
1. For the purposes of this Article:
(a) the ‘transfer of a holding’ means the sale, lease or any similar type
of transaction in respect of the production units concerned;
(b) ‘transferor’ means the farmer whose holding is transferred to
another farmer;
(c) ‘transferee’ means the farmer to whom the holding is transferred.
2. Where a holding is transferred in its entirety from one farmer to
another farmer after an aid application has been lodged and before allthe conditions for granting the aid have been fulfilled, no aid shall begranted to the transferor in respect of the transferred holding.
3. The aid applied for by the transferor shall be granted to the trans-
feree where:
(a) within a period of the transfer to be determined by the Member
States the transferee informs the competent authority of the transfer
and requests payment of the aid;
(b) the transferee presents any evidence required by the competent
authority;
(c) all the conditions for granting the aid are fulfilled in respect of the
holding transferred;
4. Once the transferee informs the competent authority of the
transfer of the holding and requests payment of the aid in accordancewithpoint (a) of paragraph3:
(a) all rights and obligations of the transferor resulting from the legal
relationship between the transferor and the competent authority
generated by the aid application shall be conferred on the trans-
feree;
(b) all actions necessary for the granting of the aid and all declarations
made by the transferor prior to the transfer shall be attributed to the
transferee for the purpose of applying the relevant Community
rules;
(c) the holding transferred shall be considered, where appropriate, as a
separate holding in respect of the marketing year or premiumperiod in question.2001R2419 — EN — 13.12.2001 — 000.001 — 27
▼B
5. Where an aid application is lodged after the actions necessary for
the granting of the aid have been performed and a holding is trans-ferred in its entirety from one farmer to another farmer after those
actions have started but before all the conditions for granting the aid
have been fulfilled, the aid may be granted to the transferee providedthe conditions in points (a) and (b) of paragraph 3 are fulfilled. In thiscase, point (b) of paragraph4 sh all apply.
6. The Member States may decide, where appropriate, to grant the
aid to the transferor. In this event:
(a) no aid shall be granted to the transferee, and
(b) the Member States shall ensure analogous application of the
requirements set out in paragraphs 2 to 5.
Article 51
AdditionalmeasuresandmutualassistancebetweenMemberStates1. The Member States shall take all further measures required for
the proper application of this Regulation and shall give the mutual
assistance needed for the purposes of checks required pursuant to this
Regulation. In this respect the Member States may, where this Regula-tion does not provide for appropriate reductions and exclusions, alsoprovide appropriate national sanctions against producers or othermarketing participants such as slaughterhouses or associations involved
in the procedure for granting aid in order to ensure the compliance with
control requirements such as the current herd register of the holding orthe respect of notification obligations.
2. As far as necessary or provided, the Member States shall assist
one another mutually to ensure effective controls, and to ensure thecheck on the authenticity of documents submitted and/or the accuracy
of the data exchanged.
Article 52
Notifications
1. Where the Member States introduce changes to their implementa-
tion of the integrated system they shall inform the Commission thereof.
2. The Member States shall send the Commission by 31 March each
year at the latest, for arable crops, and by 31 August each year at thelatest, for animal premiums, a report covering the previous calendaryear and, in particular, relating to the following areas:
(a) the state of implementation of the integrated system;
(b) the number of applications as well as the total area and total
number of animals broken down by individual aid scheme withinthe meaning of Article 1 of Regulation (EEC) No 3508/92;
(c) the number of applications as well as the total area and total
number of animals covered by checks;
(d) the result of the checks carried out, indicating the reductions and
exclusions applied pursuant to Title IV.
At the same time as the notifications referred to in the first subpara-
graph in respect of animal premiums are sent to the Commission, the
Member States shall also notify the total number of beneficiaries who
received aids under aid schemes falling within the scope of the inte-grated system.
In exceptional situations the Member States may, in agreement with the
Commission, derogate from the dates mentioned in the first subpara-
graph.
3. The Member States shall inform the Commission of national
measures taken in application of this Regulation.
4. The computerised data established as a part of the integrated
system shall be used to support the information specified in the frame-2001R2419 — EN — 13.12.2001 — 000.001 — 28
▼B
work of sectoral rules which the Member States are obliged to send to
the Commission.
TITLE VI
TRANSITIONALANDFINALPROVISIONS
Article 53
Repeal
1. Regulation (EEC) No 3887/92 is hereby repealed. However, it
shall continue to apply in respect of aid applications relating to
marketing years or premium periods which ►C1start before 1
January 2001. ◄
2. References to Regulation (EEC) No 3887/92 shall be construed as
references to this Regulation and shall be read in accordance with thecorrelation table in the Annex.
Article 54
Entryintoforce
1. This Regulation shall enter into force on the day following that of
its publication in the Official Journal of the European Communities .
2. It shall apply to aid applications relating to marketing years or
premium periods starting as of 1 January 2002.
Article 3 and the second subparagraph of Article 52(2) shall apply with
effect from 1 January 2003.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R2419 — EN — 13.12.2001 — 000.001 — 29
▼B
ANNEX
CORRELATIONTABLE
Regulation (EEC) No 3887/92 This Regulation
Article 1 Article 1
Article 2(1) Article 5(1)
Article 2(2) —Article 2(3) Article 5(2)Article 2(4) Article 46Article 3 Article 4(1)Article 4(1) first subparagraphArticle 6(1)Article 4(1) second subparagraphArticle 2 point (k)Article 4(1) third subparagraph Article 7Article 4(2) point (a) Article 8Article 4(2) point (b) —Article 4(3) Article 6(3)Article 4(4) —Article 4(5) Article 9
Article 4(6) Article 6(2)
Article 4(7) Article 4(2)Article 5 Article 10Article 5a Article 11Article 5b Article 12Article 6(1) Article 15Article 6(2) Article 16Article 6(3) Article 18(1) and (2)Article 6(3a) —Article 6(4) Article 19Article 6(5) first subparagraphArticle 17(1)Article 6(5) second subparagraphArticle 21Article 6(5) third subparagraph Article 25(1)Article 6(5) subparagraph4 Article 17(2)
Article 6(6) Article 25(2)
Article 6(6a) first, second and third subparagraphs Article 26Article 6(6a) fourthsubparagraph Article 272001R2419 — EN — 13.12.2001 — 000.001 — 30
▼B
Regulation (EEC) No 3887/92 This Regulation
Article 6(6a) fifthsubparagraph —
Article 6(6b) —
Article 6(6c) Article 18(3)
Article 6(7) and (8) Article 22
Article 6(9) Article 28Article 7(1) Article 23
Article 7(2) —
Article 7a(1) and (2) first and second subparagraphs Article 20
Article 7a(2) third subparagraph and (3) and (4) Article 29
Article 7b Article 17(3)Article 8 Article 13
Article 9(1) Article 31(1)
Article 9(2) first subparagraphfirst sentence Article 31(2)
Article 9(2) first subparagraphsecond sentence and second
subparagraphArticle 31(4) and Article 32(1)
Article 9(2) third subparagraph —
Article 9(2) fourthsubparagraph Article 30Article 9(2) fifthsubparagraph —
Article 9(2) sixthsubparagraph Article 2 point (r)
Article 9(2) seventhsubparagraph —
Article 9(3) Article 33
Article 9(4) first subparagraphArticle 34Article 9(4) second subparagraphArticle 31(3)
Article 10(1) to (4) Article 36
Article 10(5) Article 41
Article 10a Article 37
Article 10b Articles 38 and 40Article 10c Article 39
Article 10d Article 36(4)
Article 10e(1) Article 38(4) and Article 40
Article 10e(2) Article 42
Article 10f —Article 10g Article 432001R2419 — EN — 13.12.2001 — 000.001 — 31
▼B
Regulation (EEC) No 3887/92 This Regulation
Article 11(1) Article 47(2)
Article 11(1a) Article 44(2)Article 11(2) and (3) Article 48
Article 12 —
Article 13 —Article 14 Article 49Article 14a Article 50
Article 15 Article 51
Article 16 —Article 17(1) and (2) —Article 17(3) Article 52(2)
Article 18 Article 52(3) and (4)
Article 19 Article 542001R2419 — EN — 13.12.2001 — 000.001 — 32