2001R2550 — EN — 15.04.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2550/2001
of21December 2001
laying down detailed rules for the application of Council Regulation (EC) No 2529/2001 on the
common organisation of the market in sheepmeat and goatmeat as regards premium schemes
andamendingRegulation(EC)No2419/2001
(OJ L 341, 22.12.2001, p. 105)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 263/2002 of 13 February 2002 L 43 9 14.2.2002
►M2Commission Regulation (EC) No 623/2002 of 11 April 2002 L 95 12 12.4.2002
Corrected by:
►C1Corrigendum, OJ L 246, 13.9.2002, p. 34 (2550/2001)
▼B
COMMISSIONREGULATION(EC)No2550/2001
of21December 2001
laying down detailed rules for the application of Council Regula-
tion (EC) No 2529/2001 on the common organisation of themarket in sheepmeat and goatmeat as regards premium schemes
andamendingRegulation(EC)No2419/2001
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2529/2001 of December
2001 on the common organisation of the market in sheepmeat and
goatmeat(1), and in particular Articles 4(6), 5(4), 8(5), 9(5), 10(4) and
11(3) thereof,
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(2) as last amended by
Commission Regulation (EC) No 495/2001(3), and in particular Article
12 thereof,
Whereas:
(1)Regulation (EC) No 2529/2001 sets upa new system of p remia
to replace the system set out in Council Regulation (EC) No2467/98, of 3 November 1998 on the common organisation ofthe market in sheepmeat and goatmeat(
4), as amended by Regu-
lation (EC) No 1669/2000(5). In order to take account of the new
arrangements and in the interests of clarity, it is necessary to
establish new rules to replace those set out in Commission Regu-lations (EEC) No 2814/90 of 28 September 1990 laying downdetailed rules for the definition of lambs fattened as heavycarcasses(
6), as last amended by Regulation (EC) No 2234/
98(7), (EEC) No 2385/91 of 6 August 1991 laying down detailed
rules for certain special cases regarding the definition of sheep-
meat and goatmeat producers and producer groups, as lastamended by Regulation (EC) No 2254/1999(
8), (EEC) No
2230/92(9) of 31 July 1992 laying down certain detailed rules
for the application in the Canary Islands of the ewe and she-
goat premium scheme(10), (EEC) No 3567/92 of 10 December
1992 laying down detailed rules for the application of the indivi-dual limits, national reserves and transfer of rights provided forin Article 5a to 5c of Council Regulation (EEC) No 3013/89 onthe common organisation of the market in sheepmeat and goat-meat(
11), as last amended by Regulation (EC) No 1311/2000(12),
(EEC) No 2700/93 of 30 September 1993 on detailed rules for
the application of the premium in favour of sheepmeat and goat-meat producers(
13), as last amended by Regulation (EC) No
1410/1999(14) and (EC) No 2738/1999 of 21 December 1999
determining the mountain areas in which the premium for goat-
meat producers is granted(15) and to repeal these regulations.2001R2550 — EN — 15.04.2002 — 002.001 — 2
(1) See page 3 of this Official Journal.
(2) OJ L 355, 5.12.1992, p. 1.
(3) OJ L 72, 14.3.2001, p. 6.
(4) OJ L 312, 20.11.1998, p. 1.
(5) OJ L 193, 29.7.2000, p. 8.
(6) OJ L 268, 29.9.1990, p. 35.
(7) OJ L 281, 17.10.1998, p. 6.
(8) OJ L 219, 7.8.1991, p. 15.
(9) OJ L 275, 26.10.1999, p. 9.
(10) OJ L 218, 1.8.1992, p. 97.
(11) OJ L 362, 11.12.1992, p. 41.
(12) OJ L 148, 22.6.2000, p. 31.
(13) OJ L 245, 1.10.1993, p. 99.
(14) OJ L 164, 30.6.1999, p. 53.
(15) OJ L 328, 22.12.1999, p. 59.
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(2)The ewe premium scheme referred to in Article 4 of Regulation
(EC) No 2529/2001 falls within the scope of Regulation (EEC)
No 3508/92. As a result, this Regulation should be restricted tothe regulation of outstanding matters which have not beencovered by Commission Regulation (EC) No 2419/2001 of 11December 2001 laying down detailed rules for applying the inte-grated administration and control system for certain Community
aid schemes established by Council Regulation (EEC) No 3508/
92(
1) (hereinafter referred to as the ‘integrated system’), in parti-
cular those concerning the periods and conditions related to theapplications for the premium and for the supplement to thepremium as well as the duration of the retention period.
(3)Article 4(2) of Regulation (EC) No 2529/2001 provides for thegranting of a premium to goatmeat producers in certain areas ofthe Community. The areas in question should therefore be deter-mined in accordance with the criteria laid down in this
provision.
(4)In accordance with Article 5(1) of Regulation (EC) No 2529/
2001 producers whose holdings have at least 50 % of their areaused for agriculture situated in some disadvantaged or remote
areas may qualify for a supplementary premium. Article 4(2)
makes reference to the specific geographical zones where goat-meat producers meet the necessary conditions to qualify for thegoat premium. Provisions should be made for a declaration to beprovided by producers meeting these criteria to enable Member
States to determine whether the appropriate conditions for
granting the aid are met in order to avoid any unjustifiedpayments to holdings that are not eligible. When producers arenot required under the integrated system to submit an ‘area’ aidapplication, provision should be made for a specific declarationas documentary proof that at least half of the land they are using
for agricultural production is located in less favoured areas or in
areas which quality for the goat premium.
(5)Council Regulation (EC) No 1454/2001 of 28 June 2001 introdu-
cing specific measures for certain agricultural products for the
Canary Islands and repealing Regulation (EEC) No 1601/92(Poseican)(
2) provides for the application of specific measures
relating to sheepand goat farming in the Canary Islands. Thosemeasures entail the grant of a supplement to the premium of anamount, which has to be specified.
(6)The criteria for eligibility for direct payments and, in particularthe conditions required need to be clarified.
(7)For the purpose of monitoring the system of granting ofpremiums and the sheepmeat and goatmeat market MemberStates should notify the Commission regularly on that matter.
(8)With a view to implementing the system of individual limits asintroduced by Articles 8 to 10 of Regulation (EC) No 2529/2001, the rules governing the determination of those limits andtheir communication to the producers should be specified.
(9)Appropriate measures should also be taken to ensure that rightsgranted free of charge from the national reserve are used by thebeneficiaries solely for the intended purposes.
(10)Bearing in mind the regulating effect which the system of indi-vidual limits will have on the market, provision should be madefor premium rights not used by their holder during a specificperiod to revert to the national reserve. However, this ruleshould not apply in some exceptional and duly justified circum-stances, such as the case of small producers or of producers
participating in extensification programmes and early retirement
schemes contemplated in Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from2001R2550 — EN — 15.04.2002 — 002.001 — 3
(1) OJ L 327, 12.12.2001, p. 11.
(2) OJ L 198, 21.7.2001, p. 45.
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the European Agricultural Guidance and Guarantee Fund
(EAGGF) and amending and repealing certain Regulations(1).
(11)It is opportune to encourage the mobilisation of premium rights
and equally to foresee measures that will lead to rights being
restored to producers who will benefit from them. To this end,a minimum percentage of use of rights to the premium shouldbe fixed. This percentage needs to be sufficient to avoid under-utilisation of the rights available in certain Member States,
which might give rise to problems for priority producers
applying for rights through the national reserve. Member Statesshould therefore be authorised to raise the minimum percentageof use of rights, which should not, however, exceed 90 %.
(12)The uniform implementation of the provisions relating to thetransfer and temporary leasing of rights entails the laying-down
of certain administrative rules. In order to avoid excessive
administrative work, Member States should be permitted to fixa minimum number of rights which may be transferred or leased.Such rules should also prevent infringement of the undertakingprovided for in Article 9 of Regulation (EC) No 2529/2001 tosurrender, each time that rights are transferred without transfer
of the holding, a certain percentage of such transferred rights to
the national reserve. Moreover, provision should be made forthis temporary leasing to be limited in time so as to avoid abuseof the transfer rules.
(13)Provision should be made to allow flexibility in meeting the
administrative deadlines for the transfer of rights when a
producer can prove that he has legally inherited rights from adeceased producer. Producers should be notified in case ofchange of individual ceiling.
(14)The special case where a producer uses only publicly or collec-tively owned land for grazing and transfers all his rights to
another farmer, thus ceasing production, should be deemed
equivalent to the transfer of a holding.
(15)Where in some Member States the transfers of rights withouttransfer of the holding are conducted solely via the nationalreserve, there is a need to establish some rules to preserve theconsistency with the system of direct transfers between produ-
cers. Objective criteria should be established for the
determination of the sum to be paid by the national reserve tothe producer who has transferred his rights and the sum to bepaid by the producer who receives equivalent rights from thenational reserve.
(16)It is necessary to establish rules for the calculations and adjust-ments to individual limits on premium rights to ensure that onlywhole numbers are used.
(17)The Commission is to monitor the new arrangements and as aresult it needs to be properly provided by the Member Stateswith the essential information regarding the implementation of
the premium rules.
(18)Detailed information on the national rules on, and implementing
of, the additional payments must be forwarded to the Commis-sion.
(19)In order to implement the premium rules efficiently and to avoidany market distortion, Members States should adopt the neces-
sary measures for the correct application of this Regulation.
(20)Some transitional arrangements are needed for Member States to
have enough time to prepare for applying this Regulation. In thelight of the higher amount of aid under the new regime and ofthe greater transparency resulting from a fixed flat-rate premiumprovision should be made in order to protect the interests of2001R2550 — EN — 15.04.2002 — 002.001 — 4
(1) OJ L 160, 26.6.1999, p. 80.
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producers for applications already made under the previous
regime to be considered as applications under the new.
(21)To protect the Community's financial interest effectively
adequate measures should be adopted sanctioning irregularities
and fraud. It is necessary to introduce appropriate provisions forthe sheepand goat p remium schemes in ►
C1Regulation (EC)
No 2419/2001. ◄
(22)The measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Sheep and
Goats and the Committee for the European AgriculturalGuidance and Guarantee Fund,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down in particular the detailed rules for the appli-
cation of the direct payments laid down in Articles 4, 5, 6, 8, 9 and 10of Regulation (EC) No 2529/2001.
CHAPTER I
DIRECTPAYMENTS
Article 2
Applications
1. In addition to the requirements under the integrated system,
pursuant to Regulations (EEC) No 3508/92 ►C1and (EC) No 2419/
2001◄, producers must indicate in the premium applications whether
they are marketing sheep's milk, or milk products based on sheep'smilk, during the year in respect of which the premium is requested.
2. Applications for a premium in favour of sheepmeat and goatmeat
producers shall be submitted to the authority designated by the MemberState, during a fixed period within a period commencing on 1November preceding the commencement of the year and ending on 30April following the commencement of the year in respect of which the
applications are submitted.
However, the United Kingdom may set a different period in respect of
Northern Ireland from that set for Great Britain.
3. The retention period during which the producer undertakes to
keepon his holding the number of ewes and/or goats in resp ect ofwhich the premium is requested shall be 100 days starting on the first
day following the last day of the period for the submission of applica-
tions referred to in paragraph 2.
Article 3
Areaseligible forthepremiumforgoatmeatproducers
The criteria referred to in Article 4(2) of Regulation (EC) No 2529/
2001 are met in the areas listed in Annex I.
Article 4
Applicationforsupplementarypremiumandforthegoatpremium1. In order to benefit from the supplementary premium or the goat
premium, a producer whose holding has at least 50 % but less than100 % of its area used for agriculture situated in areas referred to inArticle 5(1) of Regulation (EC) No 2529/2001 or in areas eligible forthe goat premium, shall submit a declaration or declarations indicatingthe location of his land, in accordance with the following rules:
(a) a producer who is required to submit each year a declaration of the
total utilised agricultural area of his holding, by means of an ‘area’aid application form, as provided for in Article 6 of2001R2550 — EN — 15.04.2002 — 002.001 — 5
▼B
►C1Regulation (EC) No 2419/2001 ◄laying down detailed
rules for applying the integrated administration and control systemfor certain Community aid schemes, shall indicate in that declara-
tion those parcels used for agriculture which are located in areas
referred to in Article 5(1) of Regulation (EC) No 2529/2001 or inareas listed in Annex I as appropriate;
(b) a producer who is not required to submit the declaration referred to
under (a), shall submit each year a specific declaration using,where appropriate, the system for identifying agricultural parcels
provided for under the integrated system.
That declaration shall indicate the location of all the land he owns,
rents or uses under whatever arrangements, indicating its area and
detailing those parcels used for agriculture which are located inareas referred to in Article 5(1) of Regulation (EC) No 2529/2001or in areas listed in Annex I as appropriate. Member States mayprovide for the specific declaration to be included in the applica-
tion for the ewe and/or goat premium. Member States may also
demand that the specific declaration be made by means of an‘area’ aid application form.
2. The competent national authority may demand the presentation of
a property deed, a rental contract or a written agreement between
producers and, where appropriate, an attestation from the local orregional authority which has made land used for agriculture availableto the producer concerned. The attestation shall indicate the area ofland granted to the producer and the parcels located in areas referred
to in Article 5(1) of Regulation (EC) No 2529/2001 or areas listed in
Annex I as appropriate.
Article 5
Producers practisingtranshumance
1. Premium applications submitted by producers the registered
addresses of whose farms are in one of the geographical areas referred
to in Article 5(2) of Regulation (EC) No 2529/2001 and who wish to
qualify for the supplementary premium must indicate:
— the place or places where transhumance is to be carried out for the
current year,
— the period of at least 90 days referred to in the said paragraph and
laid down for the current year.
2. Premium applications from producers as referred to in paragraph
1 must be accompanied by documents certifying that transhumance hasactually been carried out, except in cases of force majeure or due to the
impact of duly justified natural circumstances affecting the life of the
flock, during two previous years and in particular by an attestationfrom the local or regional authority at the place of transhumance certi-fying that it has actually taken place during at least 90 consecutivedays.
When carrying out administrative checks on applications Member
States shall ensure that the place of transhumance specified in thepremium application is actually within an area referred to in Article5(1) of Regulation (EC) No 2529/2001.
Article 6
CanaryIslandssupplement
Pursuant to Article 6 of Regulation (EC) No 1454/2001, the supple-
ment to the premium to be granted to producers marketing sheep's andgoatmeat located in the Canary Islands, shall be EUR 4,2 per ewe and/or she-goat.2001R2550 — EN — 15.04.2002 — 002.001 — 6
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Article 7
Eligibility
1. Premiums shall be paid to producers on the basis of the number
of ewes and/or she-goats kept on his holding throughout the retentionperiod referred to in Article 2(3).
2. Animals satisfying the conditions provided for in the definitions
referred to in Article 3 of Regulation (EC) No 2529/2001 on the finalday of the retention period shall be considered eligible animals.
Article 8
Inventory of sheep producers marketing sheep's milk or sheep's
milkproducts
For each year Member States shall draw up, no later than the 30th day
of the retention period, an inventory of sheep producers marketing
sheep's milk or sheep's milk products. The inventory shall be drawn
upon the basis of the p roducers' declarations referred to in Article2(1). In addition, Member States shall, when drawing upthe inventory,take account of the results of controls and any other source of informa-tion available to the competent authority, in particular information
obtained from processors or distributors relating to the marketing of
sheep's milk or sheep's milk products by producers.
Article 9
Notification
1. Member States shall notify the Commission by 31 July of each
year at the latest of the information relating to premium applicationssubmitted for the current year. For that purpose they shall use themodel form included in Annex II hereto. They shall also notify by 31July of the premiums paid the previous year with the form provided in
Annex III and by 31 October of any changes in the list of geographical
areas practising transhumance and referred to in Article 5(2) of Regula-tion (EC) No 2529/2001 and Article 5 of the present Regulation. Theinformation shall be made available to the national bodies responsiblefor drawing upofficial statistics in the sheep meat and goatmeat sector,
at their request.
2. Where the information required by the compulsory notifications
changes, in particular as a result of the checks or corrections orimprovements of previous figures, an update shall be communicatedto the Commission within one month after the occurrence of the
change.
CHAPTER II
LIMITS,RESERVESANDTRANSFERS
Article 10
Rightsobtainedfree ofcharge
Where a producer has obtained premium rights free of charge from the
national reserve and except in duly justified exceptional circumstanceshe shall not be authorised to transfer his rights or to lease themtemporarily during the three following years.
Article 11
Useofrights
1. A producer holding rights may make use of them by availing
himself of those rights and/or leasing those rights to another producer.2001R2550 — EN — 15.04.2002 — 002.001 — 7
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2. Where a producer has not made use of the minimum percentage
of his rights set out in accordance with paragraph 4, during each year,the part not used shall be transferred to the national reserve, except:
(a) in the case of producers holding a maximum of 20 premium rights,
where this producer has not made use of the minimum percentageof his rights, during each of two consecutive calendar years, thepart not used during the last calendar year shall be transferred tothe national reserve;
(b) in the case of a producer participating in an extensification
programme recognised by the Commission;
(c) in the case of a producer participating in an early retirement
scheme recognised by the Commission in which the transfer and/or temporary leasing of rights is not obligatory, or
(d) in exceptional and duly justified circumstances.
3. Temporary leasing shall be only in respect of whole years and
shall involve at least the minimum number of animals provided for inArticle 12(1). At the end of each period of temporary leasing, whichmay not exceed three consecutive years, a producer shall, except in
the event of a transfer of rights, recover all his rights for himself, for
at least two consecutive years. If the producer does not avail himself ofat least the minimum percentage of his rights, fixed in accordance withparagraph 4, during each of the two years, the Member State shall,except in exceptional and duly justified cases, withdraw and return
annually to the national reserve that part of the rights not used by the
producer.
However, in the case of producers participating in early retirement
schemes recognised by the Commission, Member States may providefor the total duration of the temporary leasing on the basis of suchschemes to be increased.
Producers who have undertaken to participate in an extensification
programme in accordance with the measure referred to in Article2(1)(c) of Council Regulation (EEC) No 2078/92(
1) or in an extensifi-
cation programme in accordance with Articles 22 and 23 of Regulation(EC) No 1257/1999 shall not be authorised to temporarily lease and/or
to transfer their rights throughout the period of that participation.
However, this provision shall not apply in cases where the programmepermits the transfer and/or temporary leasing of rights to producerswhose participation in the measures other than those referred to in thissubparagraph requires the acquisition of rights.
4. The minimum percentage of use of rights to the premium shall be
70 %.
However, Member States may increase this percentage up to 90 %.
They shall inform the Commission in advance of the percentage theyintend to apply.
Article 12
Transferofrightsandtemporaryleasing
1. Member States may lay down, on the basis of their production
structures, a minimum number of premium rights which may be thesubject of a partial transfer not involving the transfer of a holding.This minimum may not exceed 10 premium rights.
2. Transfers of premium rights and temporary leasing of such rights
shall be effective only after they have been notified to the competent
authorities of the Member State by the producer transferring and/orleasing the rights and by the producer receiving the rights.
Such notifications shall be made within a deadline set by the Member
State and not later than the date on which the premium applicationperiod ends in that Member State, except in those cases where the2001R2550 — EN — 15.04.2002 — 002.001 — 8
(1) OJ L 215, 30.7.1992, p. 85.
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transfer takes place through an inheritance. In that case, the producer
who receives the rights shall be in a position to furnish appropriatelegal documents to prove that he or she is the beneficiary of the
deceased producer.
3. In the case of a transfer without a transfer of the holding, the
number of rights transferred without compensation to the nationalreserve may in no case be less than one.
Article 13
Changeofindividualceiling
In the case of transfers or temporary leasing of premium rights,
Member States shall set the new individual ceiling and shall notify theproducers concerned of the number of premium rights to which theyare entitled not later than 60 days from the last day of the periodduring which the producer submitted his application.
The first subparagraph shall not apply in the case where the transfer
takes effect through an inheritance under the conditions referred to inArticle 12(2).
Article 14
Producerswhodonotownthelandtheyfarm
Producers farming only publicly or collectively owned land who decide
to stopusing that land for grazing and to transfer all their rights toanother producer shall be treated in the same way as producers selling
or transferring their holdings. In all other cases such producers shall be
treated in the same way as producers transferring their premium rightsonly.
Article 15
Transferthroughthenationalreserve
Where Member States provide that the transfer of rights is to take place
via the national reserve, they shall apply national provisions analogousto those in this chapter. Moreover, in such cases:
— Member States may provide for temporary leasing to be carried out
via the national reserve,
— in the event of the transfer of premium rights or temporary leasing
pursuant to the first indent, transfer to the reserve shall not becomeeffective until after notification by the competent authorities of theMember State to the producer transferring and/or leasing the rights,and transfers from the reserve to another producer shall not become
effective until after notification to that producer by the authorities.
In addition, such provisions must ensure that the part of the rights not
covered by the second subparagraph of Article 9(2) of Regulation (EC)No 2529/2001 must be offset by a payment by the Member State corre-sponding to the payment which would have resulted from a direct
transfer between producers, account being taken in particular of the
trend in production in the Member State concerned. This payment shallbe equal to the payment charged to a producer who receives equivalentrights from the national reserve.
Article 16
Calculationofindividuallimits
Only whole number shall be used in the initial calculations and in
subsequent adjustments to individual limits on premium rights.
To that end, where the final result of the arithmetical calculations is not
a whole number, the nearest whole number shall be used. However,where the result of the calculations falls exactly between wholenumbers, the higher whole number shall be used.2001R2550 — EN — 15.04.2002 — 002.001 — 9
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Article 17
Notification
1. Member States shall notify the Commission by 1 March 2002 at
the latest of the procedures used to implement the reduction of indivi-
dual ceilings in accordance with Article 8(3) of Regulation (EC) No
2529/2001, as well as the total number of rights granted to producersand the number of rights allocated to the reserve.
2. Member States shall notify the Commission by 1 March 2002 at
the latest of the method of calculating the reduction in accordanceArticle 9(2) of Regulation (EC) No 2529/2001 and where applicableof the measures taken under Article 9(3) and, before 1 January eachyear, of any amendments.
3. Using the table set out in Annexes IV and V, Member States shall
notify the Commission at the latest by 30 April for each year of:
(a) the number of premium rights returned without compensatory
payment to the national reserve following transfers of rightswithout transfers of holdings during the preceding year;
(b) the number of unused premium rights as referred to in Article 10(2)
of Regulation (EC) No 2529/2001 transferred to the nationalreserve during the preceding year;
(c) the number of rights granted under Article 10(3) of Regulation
(EC) No 2529/2001 during the preceding year;
(d) the number of premium rights granted to producers in less-favoured
areas from the national reserve during the preceding year;
(e) the dates concerning the periods and deadlines related to the trans-
fers of rights and to the applications for the premium.
CHAPTER III
ADDITIONALPAYMENTS
Article 18
By 30 April 2002 Member States shall provide information to the
Commission on their national arrangements concerning the granting ofthe additional payments foreseen under Article 11 of Regulation (EC)No 2529/2001. Where applicable this information shall include in parti-cular:
1. Headage payments:
(a) indicative amounts per head and grant arrangements;
(b) an indicative forecast of total expenditure and the number of
animals concerned;
(c) specific stocking density requirements;
(d) other information on the rules of application.
2. Area payments (where necessary):
(a) calculation of regional base areas;
(b) indicative amounts per hectare;
(c) an indicative forecast of total expenditure and of the number of
hectares concerned;
(d) other information on the rules of application.
3. Details of other schemes that have been established to make addi-
tional payments.
4. Member States shall notify the Commission of any changes in the
arrangements within a period of one month after any such changes.2001R2550 — EN — 15.04.2002 — 002.001 — 10
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CHAPTER IIIa
GENERALPROVISIONS
Article 18a
Conversionintonationalcurrency
The operative event for the exchange rate to be applied to the amount
of the premiums and payments referred to in Articles 4, 5 and 11 ofRegulation (EC) No 2529/2001 shall be the commencement of thecalendar year in respect of which the premium or payment is granted.
The exchange rate to be used shall be the average of the exchange rates
applicable in the month of December preceding the date of the opera-
tive event, calculated pro rata temporis . It shall be fixed by the
Commission during the month following the date of the operativeevent.
CHAPTER IV
TRANSITIONALANDFINALPROVISIONS
Article 19
Nationalimplementing measures
Member States shall adopt all suitable measures necessary to ensure
that this Regulation is applied properly. They shall inform the Commis-sion thereof.
Article 20
Transitionalmeasures
Applications for the premium in respect of 2002 made before the date
of application of this regulation within the framework of the premium
regime provided for in Article 5 of Regulation (EC) No 2467/98 shallbe considered as applications under the regime established in Regula-tion (EC) No 2529/2001.
Regulation (EC) No 2419/2001 in its version prior to the entry into
force of this regulation shall apply to all such applications.
Article 21
Repeal
Regulations (EEC) No 2814/90, (EEC) No 2385/91, (EEC) No 2230/
92, (EEC) No 3567/92, (EEC) No 2700/93, and (EC) No 2738/1999are repealed with effect from 1 January 2002. They shall remainapplicable to applications submitted in respect of the 2001 and previous
marketing years. References to the repeated Regulations shall be
construed as references to this Regulation and shall be read in accor-dance with the correlation table in Annex VI.
Article 22
Amendmenttotheintegratedsystem
The text of Article 40 of Regulation (EC) No 2419/2001 is replaced by
the following:
‘Article 40
1. Where, in respect of applications for aid under the ovine/
caprine aid scheme, a difference is found in accordance withArticle 36(3), Article 38(2), (3) and (4) shall apply mutatis
mutandis as from the first animal in respect of which irregularities
are found.
2. If it is established that a sheep producer marketing sheep's
milk and sheep's milk products failed to declare on his premiumapplication that he was doing so, the amount of the aid to which2001R2550 — EN — 15.04.2002 — 002.001 — 11
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he is entitled shall be reduced to the premium payable to sheep
producers marketing sheep's milk and sheep's milk products lessthe difference between this and the full amount of the ewe
premium.
3. Where, in respect of applications for the supplementary
premium, it is determined that less than 50 % of the area of theholding used for agriculture is located in areas referred to in Article
5(1) of Council Regulation (EC) No 2529/2001(*), the supplemen-
tary premium shall not be paid and the ewe and goat premium shallbe reduced by an amount equivalent to 50 % of the supplementarypremium.
4. Where it is determined that the percentage of the area of the
holding used for agriculture located in areas listed in Annex I ofCommission Regulation (EC) No 2550/2001 (**) is below 50 %,the goat premium shall not be paid.
5. Where, it is established that the producer practising transhu-
mance who submits an application for the supplementary premiumhas not grazed 90 % of his animals for at least 90 days in an areareferred to in Article 5(2)(b) of Regulation (EC) No 2529/2001 thesupplementary premium shall not be paid and the ewe or goatpremium shall be reduced by an amount equivalent to 50 % of the
supplementary premium.
6. Where it is found that the irregularity referred to in para-
graphs 2, 3, 4 and 5 results from intentional non-compliance thetotal amount of aid referred to in these paragraphs shall be refused.
In this case, the farmer shall be excluded once again from receiving
aid equal to that amount.
This amount shall be off-set against aid payments under the ovine/
caprine aid scheme to which the farmer is entitled in the context ofapplications he lodges in the course of the three calendar years
following the calendar year of the finding.
(*) OJ L 341, 22.12.2001, p. 3.
(**) OJ L 341, 22.12.2001, p. 105.’
Article 23
This Regulation shall enter into force on the third day following its
publication in the Official JournaloftheEuropeanCommunities .
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2001R2550 — EN — 15.04.2002 — 002.001 — 12
▼M2
ANNEX I
AREASELIGIBLEFORRECEIVINGTHEGOATPREMIUM
1. France: Corsica and all mountain areas within the meaning of Article 18 of
Regulation (EC) No 1257/1999 situated outside this region.
2. Greece: the whole country.3. Italy: Lazio, Abruzzo, Molise, Campania, Apulia, Basilicata, Calabria, Sicily
and Sardinia and all mountain areas within the meaning of Article 18 of
Regulation (EC) No 1257/1999 situated outside these regions.
4. Spain: the autonomous regions of Andalusia, Aragon, the Balearic Islands,
Castile-La Mancha, Castile-Leon, Catalonia, Extremadura, Galicia (with the
exception of the provinces of La Coruña and Lugo), Madrid, Murcia, La
Rioja, Comunidad Valenciana and the Canary Islands, and all mountain areas
within the meaning of Article 18 of Regulation (EC) No 1257/1999 situated
outside these regions.
5. Portugal: the whole country, with the exception of the Azores.
6. Austria: all mountain areas within the meaning of Article 18 of Regulation
(EC) No 1257/1999.
7. Germany: all mountain areas within the meaning of Article 18 of Regulation
(EC) No 1257/1999.2001R2550 — EN — 15.04.2002 — 002.001 — 13
▼B
ANNEX II
2001R2550 — EN — 15.04.2002 — 002.001 — 14
▼B
ANNEX III
2001R2550 — EN — 15.04.2002 — 002.001 — 15
▼B
ANNEXIV
2001R2550 — EN — 15.04.2002 — 002.001 — 16
▼B
ANNEXV
2001R2550 — EN — 15.04.2002 — 002.001 — 17
▼B
ANNEX VI
Correlationtable
Regulation (EEC) No 2700/93 This Regulation
— Article 1
Article 1 Article 2
— Article 3
Article 1a(1) and (2) Article 4
Article 3 Article 7
Article 4(2) Article 8
Article 1a(6) Article 22
Article 2 Article 9
Annex I Annex II
Annex II —
— Annex III— Annex IV
Regulation (EEC) No 3567/92 This Regulation
Article 6 Article 10
Article 6a Article 11
Article 7 Article 12
Article 9 Article 13
Article 10 Article 14
Article 11 Article 15
Article 12 Article 16
— Article 17
Article 15 Article 18
Regulation (EEC) No 2814/90 This Regulation
All articles —
Regulation (EEC) No 2385/91 This Regulation
Article 3(1), (2) and (3) Article 5
Regulation (EEC) No 2230/92 This Regulation
Article 1 Article 6
Regulation (EEC) No 2738/1999 This Regulation
Article 1 Article 3 and Annex I
Regulation (EEC) No 2467/98 This Regulation
Annex 1 Annex I2001R2550 — EN — 15.04.2002 — 002.001 — 18