1992R3887 — EN — 01.01.2000 — 006.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No3887/92
of23December 1992
layingdowndetailedrulesforapplyingtheintegratedadministrationandcontrolsystemforcertain
Communityaidschemes
(OJ L 391, 31.12.1992, p. 36)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 229/95 of 3 February 1995 L 27 3 4.2.1995
►M2Commission Regulation (EC) No 1648/95 of 6 July 1995 L 156 27 7.7.1995
►M3Commission Regulation (EC) No 2015/95 of 21 August 1995 L 197 2 22.8.1995
►M4Commission Regulation (EC) No 1678/98 of 29 July 1998 L 212 23 30.7.1998
►M5Commission Regulation (EC) No 2801/1999 of 21 December 1999 L 340 29 31.12.1999
Corrected by:
►C1Corrigendum, OJ L 230, 18.8.1998, p. 30 (3887/92)
►C2Corrigendum, OJ L 80, 25.3.1999, p. 34 (1648/95)
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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COMMISSIONREGULATION(EEC)No3887/92
of23December 1992
laying down detailed rules for applying the integrated administra-
tionandcontrolsystemforcertain Communityaidschemes
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
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) (hereinafter called
‘integrated system’), and in particular Article 12 thereof,
Whereas the purpose of the integrated system is, first and foremost, to
enable the reform of the common agricultural policy to be implementedefficiently and in particular to solve the administrative problems causedby the reform having introduced several area-linked aid schemes;whereas certain clarifications necessary for applying the concepts of
agricultural parcel and forage area should be made;
Whereas the agricultural holding is the reference unit for administering
the abovementioned aid schemes; whereas to prevent the stabilizingeffects of the reform on agricultural production from being evaded bythe artificial splitting up of existing holdings or creation of holdings,Member States should be obliged to take the necessary measures to thiseffect, taking into account in particular the jurisprudence of the Court of
Justice relating to the notion of a holding as well as the general principle
of forbidding the abuse of rights;
Whereas, having regard to the existing identification system, the
Member States should be authorized to set up their systems foridentifying areas with the aid of units other than agricultural parcels;whereas, however, this possibility should be accompanied by certainobligations in order to ensure that the identification is reliable;
Whereas the compulsory content of the ‘area’ aid application should be
specified, along with the conditions on which it may be amended after
the deadline for its submission; whereas provision should also be madefor the set-aside declaration and the declaration concerning non-foodproducts to be submitted with the ‘area’ aid application; whereas farmersapplying only for aid which is not linked to area should be exempted
from the requirement to submit such an application and the adminis-
trative treatment of producer groups in the sheep and goat sector shouldbe clarified; whereas, moreover, if there is to be effective monitoringeach Member State should determine the minimum size of agriculturalparcel which may be declared in the application;
Whereas, so as to simplify the work as much as possible for farmers, in
certain cases it should be possible to submit the ‘area’ aid application
together with a ‘livestock’ aid application provided that this does not
reduce the possibility of control;
Whereas there should also be an across-the-board definition of the
particulars to be included in ‘livestock’ aid applications, having regardto the requirements of administering the premium schemes concerned;
Whereas compliance with the provisions on Community aid must be
effectively monitored; whereas to this end it is necessary to set out indetail the criteria and technical procedures for carrying out adminis-
trative and on-the-spot checks in respect of both ‘livestock’ and ‘area’
aid; whereas, in the light of experience with on-the-spot checks, riskanalysis sould be applied when determining minimum checking ratesand the factors to be taken into consideration should be specified;whereas, for monitoring purposes, there should be provision for aretention period in the case of the compensatory allowance also;1992R3887 — EN — 01.01.2000 — 006.001 — 2
(1) OJ No L 355, 5. 12. 1992, p. 1.
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Whereas the conditions for the use of remote sensing for on-the-spot
checks should be laid down and provision should be made for physicalchecks to be required in doubtful cases; whereas, in order to encourage
Member States in their efforts to develop remote sensing and its
practical application for monitoring purposes, there should be provisionfor the Community to make a financial contribution to the cost of photointerpretation and the conditions for such contribution should be laiddown; whereas this financial contribution does not affect the part-
financing provided for in Article 10 of Regulation (EEC) No 3508/92;
Whereas, in the light of experience and having regard to the principle of
proportionality and the special problems linked to cases of force majeure
and natural circumstances, provisions should be adopted to prevent and
penalize irregularities and fraud effectively; whereas, to this end, havingregard to the specific features of the ‘area’ schemes on the one hand andthe ‘livestock’ schemes on the other, there should be sanctions gradedaccording to the gravity of the irregularity committed, going as far astotal exclusion from a scheme for the year in question and the year
thereafter;
Whereas provision should be made for the beneficiary to repay with
interest any amount wrongly paid; whereas the amounts recovered and
the interest collected must be credited to the EAGGF in accordance with
the principles set out in Article 8 (2) of Council Regulation (EEC)No 729/70 of 21 April 1970 on the financing of the common agriculturalpolicy(
1), as last amended by Regulation (EEC) No 2048/88(2);
Whereas the management of small amounts is by nature a burdensome
task for the competent services of Member States the possibility not topay amounts of aid which are smaller than a certain minimum limit andnot to request reimbursement of wrongly paid amounts when the sumsinvolved are minimal;
Whereas it is necessary to create an administrative framework for the
part-financing provided for in Article 10 of Regulation (EEC) No 3508/92 and to lay down the procedural rules for the payment of advances, the
definitive acceptance of the expenditure declared by Member States and
the redistribution of amounts which are not used by the Member Statesand to which they are entitled;
Whereas the integrated system will not be applicable in its entirety until
1 January 1996 at the latest; whereas, without prejudice to theobligations arising from Article 8 (1) of Regulation (EEC) No 729/70,it is therefore indispensable to oblige the Member States to avoid anylack of administration or control meanwhile by adopting the necessarymeasures at national level; whereas Member States must inform the
Commission regularly of the measures taken to implement the integrated
system and the results obtained;
Whereas, taking into account the date of entry into force of this
Regulation it would be appropriate to exclude the premium for ewes and
for goats and the compensatory allowance from the application of theintegrated system during 1993;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Fund Committee,
HAS ADOPTED THIS REGULATION:
TITLE 1
GENERAL
Article 1
This Regulation lays down detailed rules for applying the integrated
administration and control system introduced by Regulation (EEC)1992R3887 — EN — 01.01.2000 — 006.001 — 3
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 185, 15. 7. 1988, p. 1.
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No 3508/92. It shall be without prejudice to specific provisions adopted
in the Regulations covering the individual aid schemes.
Article 2
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
envisaged can be carried out in a similar way as on parcels withouttrees in the same area;
(b) where a forage area is used in common, the competent authorities
shall assign it between the individual farmers in proportion to their
use or right of use of it;
(c) each forage area must be available for rearing animals for a
minimum period of seven months, starting on a date to bedetermined by the Member State, which must be between 1 Januaryand 31 March.
2. Member States shall take the measures necessary to avoid that the
conversion of existing holdings or the creation of holdings after 30 June1992 leads to the patently improper avoidance of the provisions relatingto the individual limits on eligibility for premiums or land set-aside
requirements imposed under the schemes indicated in Article 1 of
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3. For the purposes of the integrated system, it a forage area is
situated in a Member State other than that in which the principal place of
business of the farmer using it is situated, that area shall be deemed atthe request of the applicant to be part of the holding of that farmerprovided:
— it is situated in the immediate vicinity of the holding, and
— a major part of all the agricultural land used by that farmer is situated
in the Member State in which he has his principal place of business.
4. Member States may decide not to grant any aid if the amount per
aid application does not exceed EUR 50.
TITLE II
IDENTIFICATION
Article 3
The identification system indicated in Article 4 of Regulation (EEC)
No 3508/92 shall operate at agricultural parcel level. Member Statesmay provide that another unit, such as the cadastral parcel or production
block, be used instead of the agricultural parcel. In such cases Member
States shall take the action required to ensure that agricultural parcelsare reliably identified and in particular shall require that ‘area’ aidapplications be furnished with particulars or accompanied by documentsspecified by the competent authority that will enable each agriculturalparcel to be located and measured.1992R3887 — EN — 01.01.2000 — 006.001 — 4
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TITLE III
AIDAPPLICATIONS
Article 4
1. Without prejudice to the requirements set out in regulations on
individual aid schemes, ‘area’ aid application shall contain all necessaryinformation, in particular:
— the identity of the farmer,
— particulars permitting identification of all agricultural parcels on the
holding, their area expressed in hectares to two decimal places,location, use, whether the parcel is irrigated, and the aid scheme
concerned,
— a statement by the producer that he is aware of the requirements
pertaining to the aids in question.
By ‘use’ is meant the type of crop or ground cover or the absence of a
crop.
Uses not falling within the scope of the integrated system shall be
declared under one or more ‘other uses’ headings. However, the
following uses shall be declared separately:
— production of forage intended for drying, whether artificially
dehydrated or sundried, as referred to in Council Regulation (EC)No 603/95(
1),
— support pursuant to agri-environment (Title II, Chapter VI and
Article 55(3) of Council Regulation (EC) No 1257/1999(2)),
— area-based afforestation support (Title II, Chapter VIII and Article
55(3) of Regulation (EC) No 1257/1999),
— cotton, as referred to in Council Regulation (EC) No 1554/95(3),
— hops, as referred to in Council Regulation (EEC) No 1696/71(4),
— flax and hemp, as referred to in Council Regulation (EEC) No 1308/
70(5).
2. (a) After the time limit for its submission the ‘area’ aid application
may be amended provided that the competent authority receives
the amendments not later than the date laid down for sowing in,
or fixed in accordance with Council Regulation (EC) No 1251/1999(
6) and that the following conditions are respected:
(i) where agricultural parcels are concerned, amendments may
be made only in particular cases that are properly
documented, in particular death, marriage, purchase or sale
or conclusion of a tenancy contract. Member States shalldetermine the conditions applying thereto. However, a set-aside or forage area parcel may not be added to parcelsalready declared except in cases which are duly justified
under the provisions concerned and on condition that the
parcel has already been accounted for as set-aside or foragearea in the aid application of another farmer, the latterapplication being corrected accordingly;
(ii) changes of use or aid scheme shall be permitted. However, a
parcel may not be added to parcels declared as set aside.1992R3887 — EN — 01.01.2000 — 006.001 — 5
(1) OJ No L 63, 21. 3. 1995, p. 1.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 148, 30. 6. 1995, p. 48.
(4) OJ L 175, 4. 8. 1971, p. 1.
(5) OJ L 146, 4. 7. 1970, p. 1.
(6) OJ L 160, 26.6.1999, p. 1.▼M4
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By derogation from the first subparagraph and even after the date
laid down for sowing in, or fixed in accordance with Regulation(EC) No 1251/1999, a Member State may authorise that an area
be withdrawn from the ‘area’ aid application. The amendment
must be notified in writing before any communication is made bythe competent authority with regard either to the results of theadministrative controls which affect the parcels in question or tothe organisation of an on-the-spot check of the holding
concerned.
(b) When a farmer decides during the period within which changes
may be introduced, to use a parcel for a crop which falls withinthe scope of the integrated system which had not been used for
such a crop, an ‘area’ aid application may still be introduced
within that period.
3. If an ‘area’ aid application relates only to permanent pasture the
Member State may provide that it may be submitted at the same time asthe first ‘livestock’ aid application by the farmer in question lodged afterthe date laid down for the submission of the other ‘area’ aid applications
in the Member State concerned, and not later than 1 July.
4. Set-aside declarations and crop declarations under the non-food
product crop scheme shall be made along with the ‘area’ application orcomprise part of it. However, for 1993 the Member States may set anearlier date for the submission of applications.
5. An ‘area’ aid application need not be submitted by farmers
applying for only:
— the special premium for male bovine animals and/or the suckler cow
premium who are exempted from the stocking rate requirement anddo not apply for extensification premium,
— the slaughter premium in accordance with Article 11 of Council
Regulation (EC) No 1254/1999(
1),
— the deseasonalization premium,
— the ewe or she-goat premium.
6. The ‘area’ aid application of a producer who is a member of a
producer group as defined in Article 1(2) of Council Regulation (EEC)No 3493/90(
2), and who for the same calendar year applies for both the
ewe or she-goat premium and for aid under another Community scheme
shall include all the agricultural parcels used by the group. In such cases
the forage area shall be assigned to the producers concerned inproportion to their individual limits as specified in Article 6 of CouncilRegulation (EC) No 2467/98(
3), valid on 1 January of the year
concerned.
7. For the sake of effective control each Member State shall
determine the minimum size of agricultural parcel in respect of which
an application may be made. However, the minimum size may notexceed 0,3 ha.
Article 5
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pertaining to application for aid under individual schemes the ‘livestock’aid application shall contain all necessary information, in particular:
— the identity of the farmer,1992R3887 — EN — 01.01.2000 — 006.001 — 6
(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 337, 4.12.1990, p. 7.
(3) OJ L 312, 20.11.1998, p. 1.▼M1
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— a reference to the ‘area’ aid application if this has already been
submitted, except in cases covered by Article 4 (5),
— the number of animals of each species in respect of which any aid is
applied for,
— where applicable, an undertaking by the applicant to keep these
animals on his holding during the retention period and informationon the location or locations where the animals will be held including,where applicable, the period or periods concerned and, for cattle, the
identity numbers of the animals; when the location changes during
that period the farmer is obliged to inform the competent authority inwriting in advance,
— where applicable, the individual limit or individual ceiling for the
animals concerned,
— where applicable, the individual milk reference quantity allocated to
the producer on 31 March preceding the beginning of the 12-month
period of application of the additional levy scheme starting in thecalendar year concerned; where this quantity is unknown on the dateon which the application is submitted, it shall be notified to thecompetent authority at the earliest opportunity,
— a statement by the farmer that he is aware of the requirements
pertaining to the aids in question.
The Member State may decide that some of this information need not be
included in the aid application, where that information has already been
communicated to the competent authority. The Member States may also
provide that some of this information can or shall be forwarded via abody or bodies approved by the Member State.
However, the applicant shall remain responsible for the transmitted data
in relation to the competent authority. The Member State shall providethat the farmer has the possibility for redress if incorrect or incompletedata are transmitted, provided that the applicant is not at fault.
Article 5 a
Member States may permit, with appropriate safeguards, applications
within the meaning of Articles 4 and 5 to be submitted by electronictransmission. In this event, appropriate measures shall be taken to ensure
that:
(a) all the requirements referred to in Articles 4 and 5 are met and the
applicant is unambiguously identified;
(b) all the necessary accompanying documents are received by the
competent authorities within the same time limits as in the case ofapplications submitted via traditional channels;
(c) there is no discrimination between producers using traditional
channels and those opting for electronic transmission;
(d) the financial interests of the European Community within the
meaning of Article 8 of Council Regulation (EC) No 1258/1999(
1)
are adequately safeguarded.
Article 5 b
Without prejudice to Articles 4, 5 and 5a, an aid application may be
adjusted at any time after its submission, in cases of obvious errorsrecognised by the competent authority.1992R3887 — EN — 01.01.2000 — 006.001 — 7
(1) OJ L 160, 26.6.1999, p. 103.▼M5
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TITLE IV
CONTROL
Article 6
1. Administrative and on-the-spot checks shall be made in such a way
as to ensure effective verification of compliance with the terms under
which aids and premiums are granted.
2. The administrative checks referred to in Article 8(1) of Regulation
(EEC) No 3508/92 shall include in particular:
(a) cross-checks on declared parcels and animals in order to ensure that
the same aid is not granted more than once in respect of the same
calendar/marketing year and to prevent any undue cumulation of aidgranted under Community aid schemes involving declarations ofareas;
(b) once the computerised database is fully operational in accordance
with Article 5 of Council Regulation (EC) No 820/97(
1), cross-
checks with a view to ensuring that Community aid is granted onlyfor bovine animals for which the births, movements and deaths have
been duly notified to the competent authority referred to in Article
7(1) of Council Regulation (EC) No 820/97;
(c) where the computerised database is fully operational in accordance
with Article 5 of Regulation (EC) No 820/97, cross-checks with aview to ensuring that payments of premium pursuant to the aidschemes laid down in Article 4(6) and Article 11 of Regulation (EC)No 1254/1999 are made only to producers who have respected their
obligations relating to retention periods stipulated in Commission
Regulation (EC) No 2342/1999(
2).
3. On-the-spot checks shall cover at least a significant percentage of
applications. The significant percentage shall represent at least:
— 10 % of ‘livestock’ aid applications or participation declarations,
— 5 % of ‘area’ aid applications.
Should on-the-spot checks reveal significant irregularities in a region or
part of a region the competent authority shall make additional checks
during the current year in that area and shall increase the percentage of
applications to be checked in the following year.
3a. As regards ‘livestock’ aid applications or participation declara-
tions, the Member State may decide to reduce the 10 % rate for on-the-spot checks, referred to in paragraph 3, to 5 % where a fully operationalcomputerised database in accordance with Article 5 of Regulation (EC)
No 820/97, enabling the Member State to conduct effective cross checks
in the framework of the integrated system, has been in place for at leastone year. The database shall offer adequate assurances as to the accuracyof the data it contains for the purposes of the different animal aids orrelated payments concerned.
As from the year when the on-the-spot checks are conducted at the
minimum 5 % level, these checks shall be conducted wholly within theretention period until such time as the rate of irregularity detected at theon-the-spot checks, and expressed in terms of number of animals,
represents no more than 2 % of the animals checked. The previous
sentence shall not apply to animal checks under the aid schemes inArticle 4(6) and Article 11 of Regulation (EC) No 1254/1999.1992R3887 — EN — 01.01.2000 — 006.001 — 8
(1) OJ L 117, 7.5.1997, p. 1.
(2) OJ L 281, 4.11.1999, p. 30.▼M5
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4. Applications subjected to on-the-spot checking shall be selected by
the competent authority on the basis of a risk analysis and an element ofrepresentativeness of the aid applications submitted. The risk analysis
shall take account of:
— the amount of aid involved,
— the number of parcels and the area or number of animals for which
aid is requested,
— changes from the previous year,
— the findings of checks made in past years,
— other factors to be defined by the Member State,
— infringements of Regulation (EC) No 820/97.
5. On-the-spot checks shall be unannounced. Advance warning
limited to the strict minimum necessary may however be given,
although as a general rule, this should not exceed 48 hours.
On-the-spot checks shall cover all the agricultural parcels for which aid
is requested under Community schemes within the meaning of Article
1(1) of Regulation (EC) No 3508/92. However, the actual inspection in
the field in the framework of the on-the-spot check may be limited to asample of at least half of the agricultural parcels for which applicationshave been submitted. The Member States shall establish and apply thecriteria for the selection of the sample. In the event that errors are found,
the sample shall be extended.
On-the-spot checks concerning livestock premiums shall cover all
livestock which are to be controlled under an aid scheme. At least 50 %
of the minimal checks on animals shall be made during the retention
period. The previous sentence shall not apply to animal checks under theaid schemes in Article 4(6) and Article 11 of Regulation (EC) No 1254/1999. Checks may be effected outside the retention period only if theregisters provided for in Article 4 of Directive 92/102/EEC or Article
3(d) of Regulation (EC) No 820/97 are available.
On-the-spot checks under this Regulation shall, where appropriate, be
carried out together with checks provided for under other Community
rules.
6. On-the-spot checks of livestock for the aid scheme concerned shall
include in particular:
(a) a check that the total number of animals present on the holding, and
eligible for the scheme concerned, corresponds to the number ofsuch eligible animals entered in the farmer's register and notified to
the computerised database in accordance with Article 7 of
Regulation (EC) No 820/97;
(b) a check on the basis of the register kept by the producer that all the
animals for which aid applications were submitted in the 12 monthsprior to the on-the-spot check have been kept throughout the
retention period and that the data are the same as notified to the
database. When the Member State applies Article 6(3a) and hasalready checked adherence to the retention period by means of thedata held in the database created in accordance with Article 5 ofRegulation (EC) No 820/97, this part of the on-the-spot check maybe made by a representative sampling;
(c) a check of the register by sampling of supporting documents such as
purchase and sales invoices, slaughter certificates, veterinary
certificates and passports as provided for in Article 6 of Regulation(EC) No 820/97;
(d) a check that all bovine animals present on the holding, for which aid
applications have been lodged or which may be the subject of futureaid applications, are identified by eartags and passports and recorded1992R3887 — EN — 01.01.2000 — 006.001 — 9
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in the farmer's register and notified to the computerised database in
accordance with Regulation (EC) No 820/97.
The check provided for in the first subparagraph, point (d), shall be
made individually for all male bovines for which an application has been
submitted for special beef premium. However, for all other bovine
animals eligible for Community aid which are present on such holdings,the check on correct recording in the register and entries in the databasemay be made by sampling provided that a reliable and representativelevel of control is achieved.
6a. As regards the special beef premium referred to in Article 4(6)
and the slaughter premium referred to in Article 11 of Regulation (EC)
No 1254/1999, on-the-spot checks in the slaughterhouses shall becarried out in at least 30 % of all participating slaughterhouses, selectedon the basis of a risk analysis. They shall comprise a posteriori scrutiny
of documents and physical checks and a comparison with the entries inthe database in accordance with Article 7 of Regulation (EC) No 820/97.
On-the-spot checks in the slaughterhouses shall also cover the
summaries relating to the slaughter certificates (or information in placethereof) which were sent to other Member States as referred to in Article35(3) of Commission Regulation (EC) No 2342/1999.
The checks in the slaughterhouses shall relate to no less than 5 % of the
total number of animals for which premium has been claimed in respect
of agiven yea r.
Where necessary, the physical checks in the slaughterhouses shall
include also a verification that the carcases presented for weighing areeligible for premium. The competent control authority shall keep recordsof such checks including, inter alia , identification numbers and carcas
weights of all animals slaughtered and checked during the on-the-spotcheck concerned.
As regards the premium granted for animals exported to third countries,
the Member States shall ensure that at least 10 % of the animals for
which a premium is claimed or is expected to be claimed are subject toan identification check at the time of loading for export and at the timeof the departure from the Community territory.
The 5 % and 10 % rate of sampling provided in subparagraphs 2 and 4
shall be representative. The Member State may reduce the rate of 30 %
provided in subparagraph 1 to 15 % under the conditions laid down in
paragraph 3a.
6b. As regards the extensification premium provided by Article 13 of
Regulation (EC) No 1254/1999, the on-the-spot check shall consider allanimals as provided in Article 13(3)(a) of that Regulation. The on-the-spot check shall include particularly a verification that the total numberof animals present on the holding corresponds to the number of animals
entered in the farmer's register and notified to the computerised database
in accordance with Article 7 of Regulation (EC) No 820/97. Thecorrectness of the entries in the register and in the database shall bechecked and, if appropriate and necessary, a sampling of supportingdocuments such as purchase and sales invoices, slaughter certificates,veterinary certificates and passports as provided for in Article 6 of
Regulation (EC) No 820/97 shall be carried out.
6c. Where sample checks reveal serious anomalies, the extent and
scope of the check shall be increased to ensure an appropriate level ofcontrol.
7. Agricultural parcel areas shall be determined by any appropriate
means defined by the competent authority which ensure measurement of
a precision at least equivalent to that required for official measurements
under the national rules. The competent authority shall set a tolerancemargin taking account of the measuring method used, the accuracy ofthe official documents available, local factors (such as slope, shape ofparcel) and the provisions of the following subparagraph.
The total area of an agricultural parcel may be taken into account
provided that it is fully utilized according to the customary standards of1992R3887 — EN — 01.01.2000 — 006.001 — 10
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the Member State or region concerned. In other cases the area actually
utilized shall be taken into account.
8. The eligibility of agricultural parcels shall be verified by any
appropriate means. To this end additional proof shall be requested wherenecessary.
9. As regards the additional payments as referred to in Article 15 of
Regulation (EC) No 1254/1999 the Member State shall, as far asappropriate, apply the control rules as laid down in paragraphs 1 to 6c. If
the application of the said rules is not appropriate because of the
structure of the additional payment scheme, the Member State shallprovide controls ensuring a control level equivalent to the principles laiddown in this Regulation.
Article 7
1. Should a Member State decide to use remote sensing on all or part
of the sample referred to in Article 6 (3) it shall:
— perform photo interpretation of satellite images or aerial photographs
of all parcels to be checked with a view to recognizing the ground
cover and measuring the area,
— check on the spot all applications for which photo interpretation does
not verify the accuracy of the declaration to the satisfaction of thecompetent authority.
If a Member State makes use of remote sensing the additional checks
referred to in Article 6 shall be carried out by means of traditional on-
the-spot checks if it is no longer possible to carry them out by means of
remote sensing within the current year.
2. Without prejudice to the part-financing provided for in Article 10
of Regulation (EEC) No 3508/92, the Community may, within the limitof the appropriations allocated for that purpose, contribute to the cost ofthe operations provided for in the first indent of paragraph 1, providedthat they are planned jointly with the Commission. The funds available
will be assigned in the proportions specified in the Annex.
Article 7 a
1. Every on-the-spot check shall be the subject of a report.
2. In the case of on-the-spot checks related to aid applications, the
report shall set out, in particular:
(a) the reason for the visit;
(b) the aid schemes and applications checked;
(c) the persons present;
(d) the number of parcels checked, the number measured and the results
per parcel as well as the measuring methods used;
(e) the number of animals of each species found and, where applicable,
the eartag numbers and entries in the register and in thecomputerised database checked, the results of the checks and,
where applicable, special observations in respect of particular
identification numbers.
The farmer or his representative may sign the report. He may either
merely attest his presence at the check or also add his observations.1992R3887 — EN — 01.01.2000 — 006.001 — 11
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Where Member States carry out on-the-spot checks pursuant to this
Regulation in conjunction with inspections pursuant to CommissionRegulation (EC) No 2630/97(
1), the report shall be supplemented by
reports in accordance with Article 2(5) of that Regulation.
3. With regard to the checks in slaughterhouses provided by Article
6(6a), first subparagraph, the reports may consist of an indication in theslaughterhouse accounts system what animals have been subject tocontrol.
With regard to the checks on the identity of individual animals at the
time of their loading for export and their departure from the Community
territory provided by Article 6(6a), fourth subparagraph, a simplifiedreport indicating the animals so controlled shall suffice.
4. Where on-the-spot checks conducted in accordance with Article
6(5) of this Regulation reveal infringements of Regulation (EC) No 820/
97, copies of reports on on-the-spot checks pursuant to this Regulation
shall be sent without delay to the authorities responsible for theimplementation of Regulation (EC) No 2630/97.
Article 7 b
Except in cases of force majeure , the application shall be rejected if an
on-the-spot check cannot be made through the fault of the farmer or hisrepresentative.
Article 8
1. Except in cases of force majeure , late lodgement of an aid
application shall lead to a 1 % reduction per working day in the amountsaffected by the application, to which the farmer would have beenentitled if the application had been lodged within the deadline. If thedelay amounts to more than ►
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considered inadmissible and no aid shall be granted.
For the purpose of this Article, ‘application’ means an ‘area’ aid
application, a ‘livestock’ aid application and an amendment to an ‘area’aid application as referred to in Article 4(2).
2. Late submission of, or failure to submit, an application other than
the ‘livestock’ aid application concerned shall not entail reductions orexclusion from the aid schemes referred to in Article 4 (5).
Article 9
1. If the area actually determined is found to be greater than that
declared in the ‘area’ aid application, the area declared shall be used for
calculation of the aid.
2. If the area actually determined is found to be less than that
declared in an ‘area’ aid application, the area actually determined oninspection shall be used for calculation of the aid. However, except incases offorce majeure , the area actually determined on inspection shall
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or two hectares but not more than 20 % of the determined area. ◄
If the difference is more than 20 % of the determined area no area-linked
aid shall be granted.
These reductions shall not be applied if the farmer can show that hisdetermination of the area was accurately based on informationrecognized by the competent authority.1992R3887 — EN — 01.01.2000 — 006.001 — 12
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Forage areas, set-aside areas and each arable crop area for which a
different aid rate is applicable shall be treated exclusively and separatelyfor the purposes of applying paragraphs 1 and 2.
Where a farmer has not met all the obligations incumbent on him in
regard to parcels fallowed for non-food production purposes these shall,on the occasion of inspection for the purposes of application of thisArticle, be considered not to have been found.
For the purposes of this Article, ‘determined area’ means the area for
which all of the conditions laid down in the rules have been met,including the following provisions:
— for rape seed and for sunflower: Article 4 of Commission Regulation
(EC) No 2316/1999(
1),
— for linseed: The direct payment shall be granted only if the linseed is
produced from seeds of flax varieties considered as other than those
intended mainly for the production of fibres referred to in Article 1
of Regulation (EEC) No 1308/70,
— for durum wheat: Article 6(4) and (5) of Regulation (EC) No 2316/
1999.
With regard to areas declared and actually sown in durum wheat, where
a discrepancy is found between the minimum quantity of certified seedfixed by the Member State and the quantity actually used, ‘determinedarea’ shall mean the area calculated by dividing the total quantity of
certified seed for which the producer has furnished proof of use by the
minimum quantity per hectare laid down by the Member State for theregion of the producer in question. The area thus determined is used,after application of the aforementioned reductions, for the calculation ofthe right to the supplement or to the specific aid provided for at Article 5
of Regulation (EC) No 1251/1999.
3. In the case of a false declaration made intentionally or as a result
of serious negligence:
(a) the farmer in question shall be excluded from the aid scheme
concerned referred to in Article 1(1) of Regulation (EEC) No 3508/92 for the calendar year in question, and
(b) in the case of a false declaration intentionally made, moreover, from
any aid scheme referred to in Article 1(1) of Regulation (EEC) No3508/92 for the following calendar year, in respect of an area equalto that for which his aid application was rejected.
4. The areas established in accordance with the provisions ofparagraphs 1 to 3 for the purpose of calculating the aid shall be usedfor the calculation of the limit of the premiums referred to in Article 12of Regulation (EC) No 1254/1999.
The calculation of the maximum eligible area for the area payments to
arable crop producers shall be made on the basis of the area of set-aside
land actually determined and on a pro rata basis for each cropconcerned.
Article 10
1. Where an individual limit or individual ceiling is applicable, the
number of animals shown in aid applications shall be reduced to thelimit or ceiling set for the farmer concerned.1992R3887 — EN — 01.01.2000 — 006.001 — 13
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2. In no case may aid be granted on a greater number of animals than
that shown in the aid application.
3. Without prejudice to Article 10b, if the number of animals
declared in an aid application exceeds that established during
administrative or on-the-spot-checks carried out in accordance with
Article 6, the aid shall be calculated on the number of eligible animalsestablished.
4. If a farmer has been unable to comply with his retention
undertaking as a result of force majeure he shall retain his right to aid
in respect of the number of animals actually eligible at the time when thecase offorce majeure occurred.
5. In cases where, owing to the impact of natural circumstances on
the herd, the farmer cannot meet his commitment to keep the animals
notified for apremium throughout the compulsory retention period, heshall be entitled to the premium for the number of eligible animalsactually kept throughout the period, provided that he has informed thecompetent authority in writing within 10 working days of finding anyreduction in the number of animals. Without prejudice to the actual
circumstances to be taken into account in individual cases, the
competent authorities may recognise, in particular, the following casesof natural circumstances of the herd:
(a) death of 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 10 a
1. Bovine animals present on the holding shall not be counted for
premium unless identified in the aid application.
2. However, asuckler cow or heifer decla red for the premium in
accordance with Article 6 of Regulation (EC) No 1254/1999 may be
replaced within the limits provided by Article 6(2) of Regulation (EC)
No 1254/1999 by another suckler cow or heifer.
3. As regards suckler cows and heifers kept in mountain areas in
accordance with Article 10 of Regulation (EC) No 1254/1999, a sucklercow can be replaced only by a suckler cow and a heifer by a heifer.
4. As regards Article 13(4) of Regulation (EC) No 1254/1999, a dairy
cow can be replaced only by another dairy cow.
5. The replacement shall occur within 20 days of the animal's
departure from the holding and shall be entered in the farmer's registernot later than three days after the day of replacement. The competent
authority to which the premium application was submitted shall be
informed within 10 working days after the replacement.
6. The Member State may decide not to apply the obligation of
notification provided in the previous paragraph when its computeriseddatabase in accordance with Article 5 of Regulation (EC) No 820/97offers adequate assurances as to the accuracy of the data it contains forthe purposes of the control of the replacements. The Member State shall
take the replacements into account in the selection of aid applications for
on-the-spot checks.
Article 10 b
1. If the administrative or on-the-spot check finds a difference
between the animals declared in the aid application and the animalsestablished and eligible, the aid shall, except in cases of force majeure
and after Article 10(5) has been applied as regards natural circum-stances, be reduced pursuant to paragraph 2.
2. Where the application concerns a maximum of 20 animals, the
amount of the aid shall be reduced:
(a) by the percentage corresponding to the difference found if this is not
more than two animals, or1992R3887 — EN — 01.01.2000 — 006.001 — 14
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(b) by twice the percentage corresponding to the difference found if this
is more than two but not more than four animals.
If the difference is greater than four animals, no premium shall be
granted.
In other cases, the amount of the aid shall be reduced:
(a) by the percentage corresponding to the difference found if this is not
more than 5 %, or.
(b) by twice the percentage corresponding to the difference found if this
is more than 5 % but not more than 20 %.
If the difference found is more than 20 %, no aid shall be granted.
The percentages mentioned in points (a) and (b) of the first subparagraph
shall be calculated on the basis of the number declared, and thosementioned in points (a) and (b) of the third subparagraph on the basis of
the number found.
Article 10 c
1. As regards bovine animals other than those covered by Article 10b,
where on-the-spot checks reveal that the number of animals present onthe holding and eligible for or relevant to Community aids does notcorrespond to:
(a) the animals notified to the computerised database in accordance with
Article 7 of Regulation (EC) No 820/97;
(b) the animals entered in the farmer's register in accordance with
Article 7 of Regulation (EC) No 820/97;
(c) the passports of animals held on the holding in accordance with
Article 6 of Regulation (EC) No 820/97,
the total amount of the aid granted to the applicant for the aid scheme
concerned for the 12 months prior to the on-the-spot check revealingsuch findings shall, except in cases of force majeure , be reduced
proportionately.
The reduction shall be calculated on the basis of the number of all
animals present for the scheme concerned or entries in the computerised
database in accordance with Article 5 of Regulation (EC) No 820/97 or
passports or farmer's register entries whereby the lowest figure shall betaken.
2. However, with regard to errors or omissions concerning entries in
the farmer's register or the passports, a reduction in accordance with
paragraph 1 shall apply only when such findings are revealed on at leasttwo checks within aperiod of 24 months.
3. If the difference found during an on-the-spot check is greater than
20 % of the number of eligible animals established, no premium shall begranted for the 12 months prior to the on-the-spot check.
Article 10 d
As regards bovine animals, an animal established within the meaning of
Articles 10 and 10b at the time of an on-the-spot check is one which:
(a) is individually identified by a passport in accordance with Article 6
of Regulation (EC) No 820/97, which indicates at least the date ofbirth, sex, movements and death within the meaning of the secondindent of Article 7(1) of Regulation (EC) No 820/97;
(b) has been recorded in the computerised database in accordance with
Article 5 of Regulation (EC) No 820/97 and is properly recorded in
the farmer's register in accordance with Article 7 of that Regulation;
(c) is individually identified by eartags provided for by Article 4 of
Regulation (EC) No 820/97;
(d) in the case of an animal declared for Community aid, is found at the
location notified by the applicant in accordance with the fourthindent of Article 5(1) of this Regulation.1992R3887 — EN — 01.01.2000 — 006.001 — 15
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However, a bovine animal which has lost one of the two eartags shall be
regarded as being established providing that it is clearly and individuallyidentified by all other relevant conditions mentioned in the first
subparagraph. Furthermore, as regards bovine animals incorrectly
entered in the computerised database in accordance with Article 5 ofRegulation (EC) No 820/97 or in the farmer's register or for whichpassports issued are incorrectly completed due to reasons attributable tothe applicant with regard to the date of birth, sex, movements and death,
Community aid shall be reduced in accordance with Articles 10, 10b or
10c only if such omissions are established on at least two checks withinaperiod of 24 months.
Article 10 e
1. Where it is found that, in view of animal premium, a false
declaration in the aid application, farmer's register, passport or a falsenotification to the database referred to in Article 7(1) of Regulation (EC)
No 820/97 or a false declaration of the number of livestock units or
animals as referred to in the first indent of the third subparagraph ofparagraph 3 of Article 32 of Regulation (EC) No 2342/1999 was madeas a result of serious negligence, the farmer in question shall beexcluded from the aid scheme concerned for the calendar year inquestion. In the case of a false declaration made intentionally, he shall
be excluded from the same aid scheme for the following calendar year as
well.
2. As regards the declarations or certificates issued by slaughter-
houses in connection with the slaughter premium as laid down in Article35 of Regulation (EC) No 2342/1999, if it is found that theslaughterhouse gave a false certification or declaration as a result of
serious negligence or intentionally, the Member State shall apply
appriopriate national sanctions. If such findings are established a secondtime the slaughterhouse involved shall be excluded for a period of atleast one year from the right to make declarations or to issue certificatesvalid for premium purposes.
Article 10 f
For the purposes of Articles 10 to 10e, animals eligible for different
Community aids shall be treated separately.
Article 10 g
As regards the additional payments as referred to in Article 14 of
Regulation (EC) No 1254/1999 the Member State shall, as appropriate,apply rules regarding sanctions as laid down in Articles 9 to 10f. If theapplication of sanctions in respect of the abovementioned rules is notappropriate because of the structure of the additional payment schemeimplemented in the Member State, the Member State shall provide
equivalent suitable sanctions in proportion to the failure of, the producer.
Article 11
1. The penalties laid down in this Regulation shall be without
prejudice to additional penalties laid down at national level.
1a. The penalties applicable according to Articles 9 and 10 shall not
be imposed in cases where the farmer, on finding that the application
which he has lodged contains errors other than those made intentionallyor by serious negligence incurring one or more of the said penalties,within 10 working days of finding these errors, informs the competentauthority in writing, provided that the authority has not notified the
farmer of its intention to carry out an on-the-spot control, the farmer has
not been able to learn of this intention in any other way and the authorityhas not already informed the farmer of the irregularity in the application.
2. A case of force majeure with relevant evidence to the satisfaction
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within 10 working days of the date on which the farmer is in a position
to do so.
3. Without prejudice to the actual circumstances to be taken into
account in individual cases, the competent authorities may recognize, inparticular, the following cases of force majeure:
(a) the death of the farmer;
(b) long-term professional incapacity of the farmer;
(c) expropriation of a major part of the agricultural land managed by the
farmer if such expropriation could not be anticipated on the day theapplication was lodged;
(d) a severe natural disaster gravely affecting the holding's agricultural
land;
(e) the accidental destruction of livestock buildings on the holding;
(f) an epizootic affecting part or all of the farmer's livestock.
The Member States shall notify the Commission of the cases which they
recognize as force majeure.
Article 14
1. If undue payment is made, the farmer shall repay the amount in
question plus interest calculated in accordance with paragraph 3.
2. Member States may decide that recovery of an undue payment
shall be by deduction of the amount to be recovered from the firstadvance or first payment made to the farmer following the date of thedecision to recover. However, the farmer may repay the amount withoutwaiting for the deduction.
3. The interest shall be calculated for the period elapsing between
payment and either repayment 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 national amounts.
No interest shall be charged on undue payments made by error of the
competent authority.
4. The repayment obligation referred to in paragraph 1 shall not apply
if the payment was made by error of the competent authority itself or byerror of another authority and if the error could not reasonably bedetected by the farmer, who for his part acted in good faith and compliedwith all the rules in force.
However, where the error relates to factual elements relevant for the
calculation of the payment concerned, the first subparagraph shall onlyapply if the decision to recover was not communicated within 12 monthsof the payment.
For the purposes of the first and second subparagraphs, any third party
whose acts are imputable to the farmer shall be treated as the farmer.
5. Paragraph 4 shall not apply in the case of advances and payments
the return of which is claimed because a penalty has been imposed underArticles 8, 9 or 10 or any other Community or national provision.
6. Member States may decide not to claim return of amounts of ECU
100 or less, not including interest, per farmer and per aid application towhich the claim applies, provided that their national law provides fornon-recovery in such cases.
7. In the case of aid or premiums financed by the European
Agricultural Guidance and Guarantee Fund (EAGGF), GuaranteeSection, paying agencies shall deduct amounts recovered and interest1992R3887 — EN — 01.01.2000 — 006.001 — 17
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paid from the expenditure of that Section, without prejudice to Article 7
of Regulation (EEC) No 595/91.
Article 14 a
1. Where after an aid application has been lodged and before all the
conditions for granting the aid have been fulfilled, a holding istransferred in its entirety from one farmer to another farmer, no aid shallbe granted to the transferor in respect of the transferred holding.
2. The aid applied for by the transferor shall be granted to the
transferee where:
(a) within a period of the transfer to be determined by the Member
States the transferee informs the competent authority of the transfer,undertakes to present any evidence required by the competentauthority and requests payment of the aid, and
(b) all the conditions for granting the aid are fulfilled in respect of the
holding transferred, and the undertaking given by the transferee in
point (a) is fulfilled.
3. Once the transferee informs the competent authority of the transfer
of the holding and requests payment of the aid in accordance with point(a) of paragraph 2:
(a) all rights and obligations of the transferor resulting from the legal
relationship between the transferor and the competent authoritygenerated by the aid application shall be conferred on the transferee,
(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
provisions,
(c) by way of derogation from the second indent of Article 1(4) of
Regulation (EEC) No 3508/92, the holding transferred shall beconsidered, where appropriate, as a separate holding in respect of themarketing year or the aid or premium period in question.
4. Where an aid application has to be lodged after the actions
necessary for the granting of the aid have been performed and a holdingis transferred 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 provided theconditions in points (a) and (b) of paragraph 2 are fulfilled. In this case,point (b) of paragraph 3 shall apply.
5. 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) Member States shall ensure analogous application of the require-
ments set out in paragraphs 1 to 4.
6. In the case of a transfer of parts of a holding, paragraphs 1 to 5
shall not apply. The normal provisions on the granting of aid shall apply.
7. For the purposes of this Article,
(a) the transfer of a holding shall mean the transfer of management of
the production units concerned;
(b) ‘transferor’ shall be the farmer whose holding is transferred to
another farmer, and ‘transferee’ shall be the farmer to whom theholding is transferred;
(c) ‘aid application’ shall mean:
(i) an ‘area’ aid application for the aid schemes referred to in
Article 1(1)(a) of Regulation (EEC) No 3508/92,
(ii) an ‘animal’ aid application for the aid schemes referred to in
Article 1(1)(b) of Regulation (EEC) No 3508/92.1992R3887 — EN — 01.01.2000 — 006.001 — 18
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Article 15
Member States shall take all further measures required for application of
this Regulation and shall give the mutual assistance needed for thepurposes of checks required pursuant to this Regulation. In this respectMember States may also provide appropriate national sanctions against
producers or other marketing participants such as slaughterhouses or
associations involved in the procedure for granting aid in order to ensurethe compliance with control requirements such as the current herdregister of the holding or the respect of notification obligations.
As far as necessary or provided, the Member States shall assist one
another mutually to ensure effective controls, and to ensure the check onthe authenticity of documents submitted and/or the accuracy of the dataexchanged.
TITLE V
PART-FINANCING
Article 16
1. Each year before 31 January Member States shall inform the
Commission whether or not they wish to take up the part-financingoption provided by Article 11 of Regulation (EEC) No 3508/92 andbefore 31 March shall notify a detailed expenditure forecast for the yearand an application for an advance payment. For 1993, the Member
States shall make the latter notification by 31 May.
2. Within three months of receiving the forecast mentioned in
paragraph 1 the Commission shall examine its content and on that basis
make an advance payment to the Member State to be deducted from the
final amount of the Community contribution.
The Commission shall indicate to Member States any of their
expenditure that cannot be part-financed by the Community.
3. By 15 May each year at the latest each Member State shall
transmit to the Commission a breakdown of expenditure incurred in the
previous year.
4. Within six months of receiving the breakdown of expenditure the
Commission shall take a decision on the expenditure to be financed by
the Community. The relevant amount shall be paid to the Member Stateminus the advance payment indicated in paragraph 2. ►
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amount taken as the basis for calculating the expenses to be borne by theCommunity budget shall not exceed the forecast of expenditure made bythe Member State for the calendar year in question. ◄
5. If the advance payment made under paragraph 2 is greater than the
total payment to be made by the Community the balance shall be repaidby the Member State either as a deduction from the advance payment for
the following year or by reimbursement.
6. If a Member State has specifically informed the Commission under
paragraph 1 that it does not want to take up the Community part-
financing option the unused amount shall be allocated by theCommission in accordance with Article 10 of Regulation (EEC)No 3508/92 between those Member States that had stated their intentionof taking up the option.
7. Member States shall retain for at least three years following the
year to which they relate all payment files and supporting documentsrelating to expenditure incurred pursuant to Article 10 of Regulation(EEC) No 3508/92.1992R3887 — EN — 01.01.2000 — 006.001 — 19
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TITLE VI
TRANSITIONALMEASURES
Article 17
1. In cases where by virtue of Article 13 of Regulation (EEC)
No 3508/92 certain features of the integrated system are not yet inapplication each Member State shall take whatever administrative andcontrol measures are necessary to ensure compliance with the terms on
which the aids concerned are granted.
2. Until the integrated system has been put into full and definitive
application each Member State shall inform the Commission each year
before 31 January of:
— the measures taken under paragraph 1,
— its plans for bringing the integrated system into application for the
calendar year concerned,
— the progress achieved in the previous calendar year.
For 1993, Member States shall make that communication by 31 March.
At the Commission's request Member States shall make any adjustments
it deems necessary to the abovementioned measures or plans.
3. Without prejudice to paragraph 2, Member States shall, in
accordance with provisions to be adopted by the Commission, send
the Commission no later than 31 March each year, for arable crops, andno later than 31 August each year, for animal premiums, a reportcovering the previous calendar year and, in particular, relating to thefollowing 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 within themeaning 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 applied
pursuant to Articles 9 and 10.
TITLE VII
NOTIFICATION
Article 18
1. Member States shall inform the Commission of national measures
taken in application of this Regulation.
2. The computerized data base established as a part of the integrated
system shall be used to support the information specified in theframework of sectorial regulations which Member States are obliged tosend to the Commission.
TITLE VIII
FINALPROVISIONS
Article 19
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 February 1993.1992R3887 — EN — 01.01.2000 — 006.001 — 20
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This Regulation shall be binding in its entirety and directly applicable in
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ANNEX
Theproportions(percentages)referred toinArticle 7(2)
Belgium 2,3
Denmark 2,4
Germany 10,1
Greece 8,7Spain 18,1
France 14,6
Ireland 4,5Italy 20,1
Luxembourg 0,6
Netherlands 3,0Portugal 5,7
United Kingdom 9,91992R3887 — EN — 01.01.2000 — 006.001 — 22