EN Official Journal of the European Union CE 84/268

(2004/C 84 E/0315)

WRITTEN QUESTION E-3938/03

by Elisabeth Jeggle (PPE-DE) to the Commission

(19 December 2003)

Subject: Use of surveying firms, contracted by the public authorities, to measure plot areas in connection with participation in EU set-aside schemes

When farmers take part in EU set-aside schemes, the need to measure plots arises when the area of land in respect of which set-aside funding has been requested is not identical with the area on the plans held by the land register.

This prompts the following questions, which concern surveying firms contracted by the public authorities in Germany:

— Are there laws stipulating how proof should be provided that the correct area of land has been set aside?

— In the case outlined above, is the applicant required to have the plot of land in question measured?

— In the case outlined above, who can or must be given the task of measuring the plot in question?

Answer given by Mr Fischler on behalf of the Commission

(16 February 2004)

The support system for certain arable crops established by Regulation (EC) No 1251/1999 (1), which laid down the set-aside requirement for each producer requesting an area payment, is subject to an integrated administration and control system (IACS) under Council Regulation (EEC) No 3508/92 (2) and Commission Regulation (EC) No 2419/2001 (3). From 1 January 2005 onwards and with regard to the aid schemes introduced under the 2003 reform of the common agricultural policy (CAP), the legal basis for IACS will be Regulation (EC) No 1782/2003 (4). The Commission Regulation laying down detailed rules for applying that Regulation in this respect has not yet been adopted.

Article 6(l)(b) of Regulation (EC) No 2419/2001 stipulates that the aid application submitted by the farmer must contain particulars permitting identification of all agricultural parcels on the holding, their area, location, use and whether the agricultural parcel is irrigated. The parcels included in an aid application must therefore be declared correctly, and the farmer will be penalised if a check carried out by the relevant authorities reveals over-declaration.

The farmer may consider it necessary to have parcels measured in order to fulfil the correct declaration requirement. This task may be performed by anyone properly qualified to do so.

The authorities designated by the Member States to carry out IACS checks are responsible for ensuring that the information contained in aid applications meets the conditions for granting aid, of which the set-aside requirement forms part.

All applications submitted by farmers must undergo an administrative check. This enables cross-checks to be made, firstly to identify parcels declared twice for the same aid and, secondly, to compare the parcels declared in aid applications against the reference parcels contained in the agricultural parcel identification system in order to verify their eligibility for aid.

In addition, at least 5 % of applications must be subject to an on-the-spot check in order to verify whether the parcels are actually eligible and whether the set-aside rules have indeed been complied with.

During on-the-spot checks, parcel area is determined by any appropriate means stipulated by the authority responsible in the Member State in compliance with the Regulations referred to above. Hence there is some latitude as regards determining how and by whom the area of parcels is to be measured, subject to retention of overall control and responsibility.

(1) Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops, OJ L 160, 26.6.1999.

(2) Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes, OJ L 355, 5.12.1992.

(3) Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92, OJ L 327, 12.12.2001.

(4) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, OJ L 270, 21.10.2003.