Commission Regulation (EC) No 2801/1999 of 21 December 1999 amending Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes
Date: 1999-12-21
Institutions: European Commission
Subjects: EU aid, EU control, management, management information system

31. 12. 1999

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Official Journal of the European Communities

L 340/29

COMMISSION REGULATION (EC) No 2801/1999

of 21 December 1999

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 certain Community aid schemes (1), as last
amended by Regulation (EC) No 1036/1999 (2), and in partic-
ular Article 12 thereof,

Whereas

The decisions adopted on the reform of the common
agricultural policy necessitate changes to the integrated
administration and control system (hereinafter called
‘integrated system’).

national administrations familiar with the integrated
system with unnecessary alterations.

Regulation (EEC) No 3887/92 should therefore be
amended accordingly.

The Committee for the European Agricultural Guidance
and Guarantee Fund has not delivered an opinion within
the time limit laid down by its chairman,

(9)

(10)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3887/92 is amended as follows:

In the light of experience gained with the application of
the integrated system it is necessary to provide general
rules that are equally applicable in all Member States.

1. Article 2 is amended as follows:

(a) paragraph 4 shall read as follows:

Economic operations are increasingly being performed
electronically; Member States should be offered the
opportunity to adopt national provisions permitting aid
applications under the integrated system to be submitted
electronically.

If on-the-spot checks reveal significant
irregularities,
Article 6(3) of Commission Regulation (EEC) No 3887/
92 (3), as last amended by Regulation (EC) No 1678/
98 (4), stipulates that additional checks must be made
during the current year. If Member States use remote
sensing to carry out checks they should ensure that the
additional checks are carried out by means of traditional
on-the-spot checks, if it is no longer possible to do so by
remote sensing during that year.

In order to complete the information contained in
control reports, provision should be made for the results
of parcel measurements to be included.

In order for the Commission to monitor the integrated
system, each Member State must send its annual control
statistics containing specific information.

Rules have to be established laying down who is entitled
to the aid in certain cases where a holding is transferred.

‘4. Member States may decide not to grant any aid if
the amount per aid application does not exceed
EUR 50.’

(b) Paragraph 5 is deleted.

2. Article 4 is amended as follows:

(a) the introductory sentences of the third subparagraph

of paragraph 1 are replaced by the following:

‘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:’;

(b) the second and third indent of the third subparagraph
of paragraph 1 are replaced by the following:

‘— support pursuant

(Title II,
Chapter VI and Article 55(3) of Council Regulation
(EC) No 1257/1999 (*)),

to agri-environment

— area-based afforestation support (Title II, Chapter
VIII and Article 55(3) of Regulation (EC) No 1257/
1999);

(*) OJ L 160, 26.6.1999, p. 80.’

(c) paragraph 2(a) is replaced by the following:

This amendment provides an opportunity to improve
the clarity of the Regulation by introducing a number of
clarifications and rewordings. Those amendments are
restricted to a minimum so as not to burden those

‘2.

the

that

(a) After the time limit
aid

application may be
competent

for its submission the
amended
“area”
authority
provided
receives the amendments not
later than the
date laid down for sowing in, or fixed in
accordance with Council Regulation (EC) No
1251/1999 (*) and that the following condi-
tions are respected:

(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 127, 21.5.1999, p. 4.
(3) OJ L 391, 31.12.1992, p. 36.
(4) OJ L 212, 30.7.1998, p. 23.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

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(i) where agricultural parcels are

of

tenancy

conclusion

concerned,
amendments may be made only in partic-
ular cases that are properly documented, in
particular death, marriage, purchase or sale
or
contract.
a
Member States shall determine the condi-
tions applying thereto. However, a set-aside
or forage area parcel may not be added to
parcels
in cases
already declared except
which are duly justified under
the provi-
sions concerned and on condition that the
parcel has already been accounted for as
set-aside or forage area in the aid applica-
tion of another farmer, the latter application
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.

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 by
the competent authority with regard either to
the results of the administrative controls which
affect the parcels in question or to the organ-
isation of an on-the-spot check of the holding
concerned.

(*) OJ L 160, 26.6.1999, p. 1.’

(d) The first indent of paragraph 5 is replaced by the

following two indents:

‘— the special premium for male bovine animals
and/or
cow premium who are
exempted from the stocking rate requirement
and do not apply for extensification premium,

suckler

the

— the

slaughter premium in accordance with
Article 11 of Council Regulation (EC) No 1254/
1999 (*);

(*) OJ L 160, 26.6.1999, p. 21.’

(e) Paragraph 6 is replaced by the following

‘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 (4),
and who for the same calendar year applies for both
the ewe or she-goat premium and for aid under
another Community scheme shall
the
agricultural parcels used by the group. In such cases
the forage area shall be assigned to the producers
concerned in proportion to their individual limits as
specified in Article 6 of Council Regulation (EC) No
2467/98 (*),
year
concerned.

valid on 1 January of

include all

the

3. Article 5 is amended as follows:

(a) The sixth indent of the first subparagraph of para-

graph 1 is replaced by the following:

‘— 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
levy scheme
starting in the calendar year concerned; where
this quantity is unknown on the date on which
the application is submitted,
it shall be notified
to the competent authority at the earliest oppor-
tunity.’

the additional

(b) The second subparagraph of paragraph 1 is replaced

by the following:

that

‘The Member State may decide that some of
this
information need not be included in the aid applica-
already been
tion, where
communicated to the
authority. The
Member States may also provide that some of this
information can or shall be forwarded via a body or
bodies approved by the Member State.

information has

competent

However, the applicant shall remain responsible for
the transmitted data in relation to the competent
authority. The Member State shall provide that the
farmer has the possibility for redress if incorrect or
incomplete data are transmitted, provided that
the
applicant is not at fault.’

(c) Paragraph 2 is deleted.

(d) Paragraph 1 becomes the only paragraph.

4. The following Article is inserted after Article 5:

‘Article 5a

Member States may permit, with appropriate safeguards,
applications within the meaning of Articles 4 and 5 to
be submitted by electronic transmission.
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 identi-
fied;

(b) all

the necessary

accompanying documents

are
received by the competent authorities within the
same time limits as
in the case of applications
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 Regula-
tion (EC) No 1258/1999 (*) are adequately safe-
guarded.

(*) OJ L 312, 20.11.1998, p. 1.’

(*) OJ L 160, 26.6.1999, p. 103.’

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5. Article 5a becomes Article 5b and is amended as

follows:

‘Article 5b

Without prejudice to Articles 4, 5 and 5a, an aid
application may be adjusted at any time after
its
submission, in cases of obvious errors recognised by the
competent authority.’

6. Article 6 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘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 cumu-
lation of aid granted under Community aid
schemes involving declarations of areas;

(b) once the computerised database is fully opera-
tional
in accordance with Article 5 of Council
Regulation (EC) No 820/97 (*), cross-checks with
a view to ensuring that Community aid is
granted only for 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 opera-
tional in accordance with Article 5 of Regulation
(EC) No 820/97, cross-checks with a view to
ensuring that payments of premium pursuant to
the aid schemes 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 (*).

(*) OJ L 117, 7.5.1997, p. 1.
(*) OJ L 281, 4.11.1999, p. 30.’

(b) The second indent of paragraph 3 is replaced by the

following:

‘— 5 % of “area” aid applications.’

has been in place for at least one year. The database
shall offer adequate assurances as to the accuracy of
the data it contains for the purposes of the different
animal aids or related payments concerned.

As from the year when the on-the-spot checks are
conducted at the minimum 5 % level, these checks
retention
shall be
conducted wholly within the
period until such time as the rate of
irregularity
detected at the on-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 in Article 4(6) and Article 11 of Regu-
lation (EC) No 1254/1999.’

(d) Paragraph 5 is replaced by the following:

checks

‘5. On-the-spot
unannounced.
Advance warning limited to the strict minimum
necessary may however be given, although as a
general rule, this should not exceed 48 hours.

shall

be

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 Regu-
lation (EC) No 3508/92. However, the actual inspec-
tion in the field in the framework of the on-the-spot
check may be limited to a sample of at least half of
the agricultural parcels for which applications have
been submitted. The Member States shall establish
the
and apply the criteria for
sample.
the
sample shall be extended.

the selection of
that errors are found,

In the event

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 reten-
tion period. The previous sentence shall not apply to
animal checks under the aid schemes in Article 4(6)
and Article 11 of Regulation (EC) No 1254/1999.
Checks may be effected outside the retention period
the registers provided for in Article 4 of
only if
Directive 92/102/EEC or Article 3(d) of Regulation
(EC) No 820/97 are available.

checks under

this Regulation shall,
On-the-spot
where appropriate, be carried out
together with
checks provided for under other Community rules.’

(c) After paragraph 3 the following paragraph 3a,

is

added:

(e) Points (a) and (b) of paragraph 6 are replaced by the

following:

“livestock”

aid applications or
‘3a. As
regards
participation declarations,
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 operational computerised database in accord-
ance 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,

‘(a) a check that the total number of animals present
the scheme
on the holding, and eligible for
concerned, corresponds to the number of such
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;

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that all

the animals

the retention period and that

(b) a check on the basis of the register kept by the
producer
for which aid
applications were submitted in the 12 months
prior to the on-the-spot check have been kept
throughout
the
data are the same as notified to the database.
When the Member State applies Article 6(3a)
and has already checked adherence to the reten-
tion period by means of
the data held in the
database created in accordance with Article 5 of
the
Regulation (EC) No 820/97,
on-the-spot check may be made by a repres-
entative sampling.’

this part of

(f) Point (d) of the first subparagraph of paragraph 6 is

replaced by the following:

‘(d) a check that all bovine animals present on the
for which aid applications have been
holding,
lodged or which may be the subject of
future
aid applications, are identified by eartags and
passports and recorded in the farmer's register
and notified to the computerised database in
accordance with Regulation (EC) No 820/97.’

(g) The second and third subparagraphs of paragraph 6

are replaced by the following subparagraph:

‘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 database
may be made by sampling provided that a reliable
and representative level of control

is achieved.’

(h) After paragraph 6, the following paragraphs 6a, 6b

and 6c are added:

‘6a. As regards the special beef premium referred
to in Article 4(6)
slaughter premium
and the
referred to in Article 11 of Regulation (EC) No
1254/1999, on-the-spot checks
in the slaughter-
houses shall be carried out in at least 30 % of all
participating slaughterhouses, selected on the basis of
a risk analysis. They shall comprise a posteriori scru-
tiny of documents
and a
comparison with the entries
in the database in
accordance with Article 7 of Regulation (EC) No
820/97. On-the-spot checks in the slaughterhouses
relating to the
shall also cover
slaughter certificates (or information in place thereof)
which were sent to other Member States as referred
to in Article 35(3) of Commission Regulation (EC)
No 2342/1999.

and physical

summaries

checks

the

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 a
given year.

include also a verification that
eligible

Where necessary, the physical checks in the slaugh-
the
terhouses shall
carcases presented for weighing are
for
premium. The competent control authority shall
keep records of such checks including,
inter alia,
identification numbers and carcas weights of all
animals slaughtered and checked during the on-the-
spot check concerned.

for

regards

animals
the premium granted
As
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
the time of
loading for export and at the time of the departure
from the Community territory.

to an identification check at

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.

the

regards

consider

check shall

extensification

the on-the-spot

premium
6b. As
provided by Article 13 of Regulation (EC) No 1254/
1999,
all
animals as provided in Article 13(3)(a) of that Regu-
include particu-
lation. The on-the-spot check shall
larly a verification that the total number of animals
present on the holding corresponds to the number
of animals entered in the farmer's register and noti-
fied to the computerised database in accordance with
Article 7 of Regulation (EC) No 820/97. The correct-
ness of the entries in the register and in the data-
base shall be checked and, if appropriate and neces-
sary, a sampling of supporting documents such as
purchase and sales
slaughter certificates,
invoices,
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 of control.’

(i) Paragraph 9 is replaced by the following:

‘9. As regards the additional payments as referred
to in Article 15 of Regulation (EC) No 1254/1999
the Member State shall, as far as appropriate, apply
the control rules as laid down in paragraphs 1 to
6c. If the application of the said rules is not appro-
the structure of
priate because of
the additional
the Member State shall provide
payment scheme,
controls ensuring a control
to the
principles laid down in this Regulation.’

level equivalent

7. In Article 7, the following subparagraph is inserted after

the second indent of paragraph 1:

‘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.’

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8. After Article 7, the existing Article 12 is inserted as the

9. The existing Article 13 becomes the new Article 7b and

new Article 7a and is amended as follows:

is amended as follows:

‘Article 7a

‘Article 7b

Every on-the-spot check shall be the subject of a

1.
report.

Except in cases of force majeure, the application shall be
check cannot be made
rejected if
the farmer or his representative.’
through the fault of

an on-the-spot

In the case of on-the-spot checks related to aid

2.
applications, the report shall set out,

in particular:

10. Article 8 is amended as follows:

(a) the reason for the visit;

(b) the aid schemes and applications checked;

(c) the persons present;

subparagraph 2 of paragraph 1 is
following:

replaced by the

‘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).’

(d) the number of parcels checked, the number meas-
ured and the results per parcel as well as the meas-
uring methods used;

11. Article 9 is amended as follows:

(e) the number of animals of each species found and,
where applicable, the eartag numbers and entries in
computerised database
the
checked, the results of the checks and, where applic-
able,
in respect of particular
identification numbers.

special observations

and in the

register

The farmer or his representative may sign the report.
He may either merely attest his presence at the check or
also add his observations.

Where Member States carry out on-the-spot checks
pursuant to this Regulation in conjunction with inspec-
tions pursuant
to Commission Regulation (EC) No
2630/97 (*), the report shall be supplemented by reports
in accordance with Article 2(5) of that Regulation.

(a) subparagraph 3 of paragraph 2 becomes paragraph

3 and is amended as follows:

In the case of a false declaration made inten-

‘3.
tionally 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) No 3508/
92 for the following calendar year, in respect of
an area equal to that for which his aid applica-
tion was rejected.’

3. With regard to the checks
in slaughterhouses
provided by Article 6(6a), first subparagraph, the reports
may consist of an indication in the slaughterhouse
accounts system what animals have been subject
to
control.

(b) The

existing

subparagraph 4 of paragraph 2

becomes subparagraph 3 of paragraph 2.

(c) The four indents in the existing subparagraph 6 of

paragraph 2 are replaced by the following:

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 simplified report
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 the
implementation of Regulation (EC) No 2630/97.

‘— for rape seed and for sunflower: Article 4 of
Commission Regulation (EC) No 2316/1999 (*),

— for linseed: The direct payment shall be granted
the linseed is produced from seeds of
only if
than those
flax varieties considered as other
intended mainly for
fibres
referred to in Article 1 of Regulation (EEC) No
1308/70,

the production of

— for durum wheat: Article 6(4) and (5) of Regula-

tion (EC) No 2316/1999.

(*) OJ L 354, 30.12.1997, p. 23.’

(*) OJ L 280, 30.10.1999, p. 43.’

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(d) The existing subparagraph 7 of paragraph 2 is

replaced by the following:

‘With regard to areas declared and actually sown in
durum wheat, where a discrepancy is found between
the minimum quantity of certified seed fixed by the
Member State and the quantity actually used, “deter-
mined area”
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
in
the region of
question. The area thus determined is used, after
application of the aforementioned reductions, for the
calculation of the right to the supplement or to the
specific aid provided for at Article 5 of Regulation
(EC) No 1251/1999.’

the producer

(e) The existing paragraph 3 is inserted after subpara-
graph 3 of paragraph 2 as the new subparagraph 4.

(f) Paragraph 4 is replaced by the following:

throughout the compulsory retention period, he shall be
the number of eligible
entitled to the premium for
animals actually kept
the period, provided
throughout
that he has informed the competent authority in writing
within 10 working days of finding any reduction in the
number of animals. Without prejudice to the actual
in individual
circumstances to be taken into account
cases,
in
particular, the following cases of natural circumstances
of the herd:

authorities may recognise,

competent

the

(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 10a

Bovine animals present on the holding shall not be
aid

1.
counted for premium unless
application.

identified in the

‘4. 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 in Article
12 of Regulation (EC) No 1254/1999.

2.
However, a suckler cow or heifer declared 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.

The calculation of the maximum eligible area for the
area payments to arable crop producers shall be
the area of set-aside land
made on the basis of
actually determined and on a pro rata basis for each
crop concerned.’

12. Article 10 is replaced by the following Articles 10 to

10g:

‘Article 10

limit or individual ceiling is
1. Where an individual
applicable, the number of animals shown in aid applica-
tions shall be reduced to the limit or ceiling set for the
farmer concerned.

In no case may aid be granted on a greater
2.
number of animals than that shown in the aid applica-
tion.

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 animals established.

4.
If a farmer has been unable to comply with his
retention undertaking as a result of force majeure he shall
retain his right
the number of
to aid in respect of
animals actually eligible at the time when the case of
force 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 a premium

3.
As regards suckler cows and heifers kept in moun-
tain areas in accordance with Article 10 of Regulation
(EC) No 1254/1999, a suckler cow 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 register not 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.

The Member State may decide not

6.
to apply the
obligation of notification provided in the previous para-
graph when its computerised database in accordance
with Article 5 of Regulation (EC) No 820/97 offers
adequate assurances as to the accuracy of
the data it
contains for the purposes of the control of the replace-
ments. The Member State shall
take the replacements
into account
in the selection of aid applications for
on-the-spot checks.

Article 10b

If the administrative or on-the-spot check finds a
1.
difference between the animals declared in the aid
application and the animals established and eligible, the
aid shall, except
force majeure and after
Article 10(5) has been applied as regards natural circum-
stances, be reduced pursuant to paragraph 2.

in cases of

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2. Where the application concerns a maximum of 20
animals, the amount of the aid shall be reduced:

with Article 5 of Regulation (EC) No 820/97 or pass-
ports or farmer's register entries whereby the lowest
figure shall be taken.

(a) by the percentage corresponding to the difference
found if this is not more than two animals, or

(b) by twice the percentage corresponding to the differ-
ence found if this is more than two but not more
than four animals.

the difference

If
premium shall be granted.

is greater

than four animals, no

In other cases, the amount of the aid shall be reduced:

However, with regard to errors or omissions
2.
concerning entries in the farmer's register or the pass-
ports, a reduction in accordance with paragraph 1 shall
apply only when such findings are revealed on at least
two checks within a period of 24 months.

If

found during an on-the-spot
3.
the difference
check is greater than 20 % of
the number of eligible
animals established, no premium shall be granted for
the 12 months prior to the on-the-spot check.

(a) by the percentage corresponding to the difference

found if this is not more than 5 %, or.

Article 10d

(b) by twice the percentage corresponding to the differ-
ence 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 those mentioned in points (a) and
(b) of
the
number found.

the third subparagraph on the basis of

Article 10c

As

animals other

regards bovine

than those
1.
covered by Article 10b, where on-the-spot checks reveal
that the number of animals present on the holding and
eligible for or relevant
to Community aids does not
correspond 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

in
accordance with Article 7 of Regulation (EC) No
820/97;

farmer's

register

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 of birth, sex, movements
and death within the meaning of the second indent
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 Regula-
tion;

(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 fourth indent of Article 5(1)
of this Regulation.

(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 revealing such findings
shall,
except in cases of force majeure, be reduced proportio-
nately.

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

shall be

the
However, a bovine animal which has lost one of
two eartags
regarded as being established
providing that it is clearly and individually identified by
relevant conditions mentioned in the first
all other
subparagraph. Furthermore, as regards bovine animals
incorrectly entered in the computerised database in
accordance with Article 5 of Regulation (EC) No 820/97
or in the farmer's register or for which passports issued
are incorrectly completed due to reasons attributable to
the 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 within
a period of 24 months.

L 340/36

EN

Official Journal of the European Communities

31. 12. 1999

Article 10e

it

is

in view of

1. Where
animal
found that,
premium, a false declaration in the aid application,
farmer's register, passport or a false notification to the
database referred to in Article 7(1) of Regulation (EC)
No 820/97 or a false declaration of the number of live-
stock units or animals as referred to in the first indent
of the third subparagraph of paragraph 3 of Article 32
of Regulation (EC) No 2342/1999 was made as a result
the farmer in question shall be
of serious negligence,
excluded from the
the
aid scheme
calendar year in question. In the case of a false declara-
tion made intentionally, he shall be excluded from the
same aid scheme for the following calendar year as well.

concerned for

if

it

in

the

is found that

As regards the declarations or certificates issued by
2.
slaughterhouses
slaughter
connection with
premium as laid down in Article 35 of Regulation (EC)
the slaughterhouse
No 2342/1999,
gave a false certification or declaration as a result of
serious negligence or
the Member State
shall apply appriopriate national sanctions. If such find-
ings are established a second time the slaughterhouse
involved shall be excluded for a period of at least one
year from the right
to make declarations or to issue
certificates valid for premium purposes.

intentionally,

Article 10f

For the purposes of Articles 10 to 10e, animals eligible
for different Community aids shall be treated separately.

Article 10g

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.
the
application of sanctions in respect of
the abovemen-
tioned rules is not appropriate because of the structure
of the additional payment scheme implemented in the
Member State, the Member State shall provide equivalent
suitable sanctions in proportion to the failure of,
the
producer.’

If

13. Articles 12 and 13 are deleted.

14. After Article 14, a new Article 14a is added:

‘Articles 14a

1. Where after an aid application has been lodged
and before all the conditions for granting the aid have
been fulfilled, a holding is transferred in its entirety
from one farmer to another farmer, no aid shall be
granted to the transferor in respect of
the transferred
holding.

The aid applied for by the transferor

2.
granted to the transferee where:

shall be

(a) within a period of the transfer to be determined by
the
the
the transfer, undertakes to

the Member
competent authority of

transferee

informs

States

present any evidence required by the competent
authority 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 under-
taking given by the transferee in point (a) is fulfilled.

Once

3.
authority of
payment of
paragraph 2:

the
transferee
the transfer of
the aid in accordance with point

informs
competent
the holding and requests
(a) of

the

(a) all rights and obligations of the transferor resulting
from the legal relationship between the transferor
and the competent authority generated by the aid
application shall be conferred on the 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 provi-
sions,

(c) by way of derogation from the second indent of
the
Article 1(4) of Regulation (EEC) No 3508/92,
holding transferred shall be considered, where appro-
priate, as a separate holding in respect of
the
marketing 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 holding is
transferred in its
entirety from one farmer to another farmer after those
the conditions for
actions have started but before all
granting the aid have been fulfilled,
the aid may be
granted to the transferee provided the conditions 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 requirements set out in paragraphs 1 to 4.

In the case of a transfer of parts of a holding,
6.
paragraphs 1 to 5 shall not apply. The normal provi-
sions 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 the holding 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.’

31. 12. 1999

EN

Official Journal of the European Communities

L 340/37

15. Article 15 is replaced by the following:

to this Regulation.

‘Article 15
further measures required
Member States shall take all
for application of
this Regulation and shall give the
mutual assistance needed for the purposes of checks
required pursuant
In this respect
Member States may also provide appropriate national
sanctions against producers or other marketing partici-
pants such as slaughterhouses or associations involved
in the procedure for granting aid in order to ensure the
compliance with control
the
current herd register 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 on the authenticity of docu-
ments
the data
the
exchanged.’

submitted and/or

requirements

accuracy of

such as

March each year, for arable crops, and no later than 31
report
August
covering the previous calendar year and,
in particular,
relating to the following areas:

animal premiums,

each year,

for

a

(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 indi-
vidual aid scheme within the meaning of Article 1
of Regulation (EEC) No 3508/92;

(c) the number of applications as well as the total area
and total number of animals covered by checks;

(d) the result of the checks carried out,

reductions applied pursuant

indicating the
to Articles 9 and 10.’

17. In Article 19 the third subparagraph is deleted.

Article 2

16. In Article 17, the following paragraph 3 is added:

‘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

This Regulation shall enter into force on 1 January 2000.

It shall apply to applications in respect of marketing years
or premium periods starting from 1 January 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 21 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission