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"B COMMISSION REGULATION (EC) No 1648/95
of 6 July 1995
amending Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated
administration and control system for certain Community aid schemes
(OJ L 156, 7.7.1995, p. 27)
Corrected by:
"C1 Corrigendum, OJ L 80, 25.3.1999, p. 34 (1648/95)1995R1648 — EN — 14.07.1995 — 000.001 — 1
COMMISSION REGULATION (EC) No 1648/95
of 6 July 1995
amending Regulation (EEC) No 3887/92 laying down detailed rules for
applying the integrated administration and control system for certain
Community aid schemes
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 certainCommunity aid schemes (
1) (hereinafter referred to as ‘the integrated
system’), as last amended by Regulation (EC) No 3235/94 (2), and in
particular Article 12 thereof,
Whereas in the light of experience with the implementation in the integrated
system of the compensatory allowance for less favoured areas provided for inArticle 19 (1) of Council Regulation (EEC) No 2328/91 of 15 July 1991 onimproving the efficiency of agricultural structures (
3), as last amended by
Regulation (EC) No 2843/94 (4), it is necessary to resolve certain practical
problems in particular with regard to small areas affected by specifichandicaps;
Whereas following the adoption of Council Regulation (EC) No 603/95 of 21
February 1995 on the common organization of the markets in dried fodder (
5),
as last amended by Regulation (EC) No 1347/95 (6), and Commission
Regulation (EC) No 785/95 of 6 April 1995 laying down detailed rules for theapplication of Council Regulation (EC) No 603/95, on the common
organization of the market in dried fodder (
7), as amended by Regulation
(EC) No 1362/95 (8), parcels used for the production of forage intended for
drying should be declared separately;
Whereas in order to take account of unforeseen circumstances it should be
permitted for producers to withdraw areas after the dates permitted for
modifications to the area aid application;
Whereas in the interests of simplification of the ‘area’ and ‘livestock’
sanctions the provisions with regard to their application should be amended;whereas, as the rules concerning set-aside have been modified since theadoption of Commission Regulation (EEC) No 3887/92 (
9), as amended by
Regulation (EC) No 229/95 (10), in particular with the adoption of provisions
allowing the transfer of the set-aside obligation from producer to producer andof voluntary set-aside, it is appropriate to amend the sanctions;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the EAGGF Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 3887/92 is hereby amended as follows:
1. The following paragraph shall be added to Article 2:
‘5. A Member State may decide to exclude from the application of
certain elements of the Integrated System the specific measures
established by Regulation (EEC) No 2328/91 which concern the
compensatory allowances for producers in small areas as defined in!B
(1) OJ No L 355, 5. 12. 1992, p. 1.
(2) OJ No L 338, 28. 12. 1994, p. 16.
(3) OJ No L 218, 6. 8. 1991, p. 1.
(4) OJ No L 302, 25. 11. 1994, p. 11.
(5) OJ No L 63, 21. 3. 1995, p. 1.
(6) OJ No L 131, 15. 6. 1995, p. 1.
(7) OJ No L 79, 7. 4. 1995, p. 5.
(8) OJ No L 132, 16. 6. 1995, p. 6.
(9) OJ No L 391, 31. 12. 1992, p. 36.
(10) OJ No L 27, 4. 2. 1995, p. 3.1995R1648 — EN — 14.07.1995 — 000.001 — 2
Article 3 (5) of Council Directive 75/268/EEC (*), and which are
implemented by way of contracts drawn up in conjunction withagri-environmental measures established in accordance with the provi-sions of Council Regulation (EEC) No 2078/92 (**).
(*) OJ No L 128, 19. 5. 1975, p. 1.
(**) OJ No L 215, 30. 7. 1992, p. 85.’
2. The following sentence shall be added to Article 4 (1) (3):
‘However, the production of forage intended for drying whether
artificially dehydrated or sun-dried provided for in Regulation (EC) No
603/95 (*) shall be declared separately.
(*) OJ No L 63, 21. 3. 1995, p. 1.’
3. The following sentence is inserted "C1at the end of the last
subparagraph of Article 4(2)(a): 3
‘By derogation from the second paragraph and even after the dates
referred to in Articles 10, 11 and 12 of Regulation (EEC) No 1765/92 a
Member State may authorize that an area be withdrawn from the Area
Aid Application. The amendment must be notified in writing before anycommunication is made by the competent authority with regard either tothe results of the administrative controls which affect the parcels in
question or to the organization of an on-the-spot check of the holding
concerned.’
4. In Article 8 (1), first subparagraph, last sentence, ‘20’ shall be replaced
by ‘25’.
5. In Article 9 (2), first subparagraph, the first and second indents shall be
replaced by the following:
‘… by twice the difference found if this is more than 3 % or two hectares
but not more than 20 % of the determined area.’
6. Article 9 (4) (a) is replaced by the following:
‘(a) The areas established in accordance with the provisions of
paragraphs 1 to 3 for the purpose of calculating the aid shall be
used for the calculation of the limit of the premiums referred to inArticles 4 (g) and 4 (h) of the Regulation (EEC) No 805/68, as wellas for the calculation of the compensatory allowance.
The calculation of the maximum eligible area for the compensatory
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 crop concerned.’
7. Article 9 (5) shall be replaced by the following:
‘No aid shall be granted for the agricultural parcels concerned if it is
established that the crops sown listed below do not meet the requirements
of the respective provisions:
— rapeseed: Article 3 of Regulation (EEC) No 2294/92,— sunflower: Article 3 (a) of Regulation (EEC) No 2294/92,— linseed: Article 6 (a) paragraph 4 of Regulation (EEC) No 1765/92.’
8. In Article 10 (2) (b) the second and third indents shall be replaced by the
following:
‘— by twice the percentage, if the difference is more than 5 % but not
more than 20 %.’
9. The following subparagraph is inserted before the final subparagraph of
Article 10 (2):
‘If the compensatory allowance provided for in Regulation (EEC) No
2328/91 is calculated on the basis of livestock units the determining of
the number present and the sanctions provided for above shall apply on
the basis of the number of livestock units corresponding to the number ofanimals declared and found.’!B1995R1648 — EN — 14.07.1995 — 000.001 — 3
10. The following subparagraph shall be added to Article 10 (4):
‘If the compensatory allowance provided for in Regulation (EEC) No
2328/91 is calculated on the basis of the number of livestock unitswithout distinguishing between the species of animals concerned animals
declared can be replaced by other animals eligible for this allowance on
condition that the corresponding number of livestock units does notdecrease and that replacements take place according to the conditionsprovided for in the previous subparagraph.’
Article 2
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
However, Article 1 (1), (3), (6), (7), (9) and (10) is applicable in respect of aid
applications submitted from the respective 1995 premium years onwards. The
remaining paragraphs are applicable in respect of applications submitted fromthe 1996 premium years onwards.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1995R1648 — EN — 14.07.1995 — 000.001 — 4