Commission Regulation (EC) No 882/2001 of 3 May 2001 derogating from certain provisions of Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes, as a consequence of foot-and-mouth disease and of exceptional weather conditions
Date: 2001-05-03
Institutions: European Commission
Subjects: EU aid, aid system, aid to agriculture, atmospheric conditions, foot-and-mouth disease, management information system

L 123/20

EN

Official Journal of the European Communities

4.5.2001

COMMISSION REGULATION (EC) No 882/2001

of 3 May 2001

derogating from certain provisions of Regulation (EEC) No 3887/92 laying down detailed rules for
applying the integrated administration and control system for certain Community aid schemes, as a
consequence of foot-and-mouth disease and of exceptional weather conditions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

economically viable for a large number of producers to
sow seeds.

Having regard to the Treaty establishing the European
Community,

(5)

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 Commission Regulation (EC) No 495/2001 (2),
and in particular Article 12 thereof,

Whereas:

(1)

(2)

(3)

(4)

Veterinary measures taken to combat and prevent the
spread of foot-and-mouth disease may include regional
restrictions on the movement of persons and animals.
This may lead to a situation where Member States are no
longer able to comply with some of their obligations
under Commission Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rules for applying
the integrated administration and control system for
certain Community aid schemes (3), as last amended by
Regulation (EC) No 2721/2000 (4).

It
is therefore necessary to allow Member States to
deviate from the control practice to be applied under
normal circumstances. Where it
is not possible to
comply with the normal rates of on-the-spot-checks,
Member States should be allowed to reduce those rates.
In that case ex post, on-the-spot checks should, where
appropriate, be increased in the following control
period. Any such deviation should be limited to that
which is strictly necessary in order to preserve the effec-
tiveness of the veterinary measures in question.

Alternative means for submission of claims and other
notifications should be made possible. Provision should
be made for the possibility to replace female animals
after the lifting of animal movement restrictions.

The outbreak of foot-and-mouth disease may, for the
regions affected, result in the prohibition to sow seeds or
have the effect that areas originally foreseen as forage
areas be declared as set-aside areas after the ‘area’ aid-
application has been submitted. Moreover, due to bad
it is in certain regions no longer
weather conditions,

(1) OJ L 355, 5.12.1992, p. 1.
(2) OJ L 72, 14.3.2001, p. 6.
(3) OJ L 391, 31.12.1992, p. 36.
(4) OJ L 314, 14.12.2000, p. 8.

In order to relieve producers of the burdens resulting
from such special agronomic and veterinary circum-
stances,
it is appropriate, for the 2001/02 marketing
year, to derogate from certain provisions of Regulation
(EEC) No 3887/92 by allowing amendments to be made
to area aid applications that have already been submitted
or by withdrawing areas declared as being used for
‘arable crops’ and adding them to the set-aside areas. It
should also be allowed that areas may be added to such
areas that have been declared as forage, in certain cases
even after the latest date for sowing. Under certain
conditions, Member States should be given the poss-
ibility to derogate from the provision in Article 2(1)(c) of
Regulation (EEC) No 3887/92 setting the minimum
period of
forage land for rearing
animals.

the availability of

The Commission should regularly be informed by the
Member States of the situation and the measures they
have taken.

In view of the situation facing the competent authorities
for the integrated administration and control system for
certain Community aid schemes, this Regulation should
enter into force immediately. Because of the exceptional
character of the measures, the application of the Regula-
tion should be limited in time.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee for the
Agricultural Guidance and Guarantee Fund,

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

To the extent necessary to preserve the effectiveness of veter-
inary measures taken in conformity with Community legisla-
tion to combat and prevent the spread of foot-and-mouth
disease, Member States shall be permitted to act in derogation
from Regulation (EEC) No 3887/92 under the conditions set
out in this Regulation.

4.5.2001

EN

Official Journal of the European Communities

L 123/21

Article 2

Article 4

1.
By way of derogation from Article 6 of Regulation (EEC)
No 3887/92, Member States may modify their control
programmes for on-the-spot checks. Such modifications may
include,

in particular:

By way of derogation from Article 10a(5) of Regulation (EEC)
No 3887/92, a remplacement as referred to in that provision
may be made within 60 days of the end of animal movement
restrictions applied as a result of veterinary measures in the
region concerned.

(a) postponing on-the-spot-checks in the regions concerned
until such time that access to the holdings selected for
on-the-spot checks is possible;

(b) de-selecting holdings in the regions concerned that were

initially selected for on-the-spot checks;

(c) decreasing the number of on-the-spot checks in the regions
concerned while, at the same time, increasing the number
of such checks in other regions;

(d) extending checks via means of databases and/or any other
including veterinary records and

documentary means,
documents;

(e) where appropriate, carrying out checks in conjunction with
veterinary measures on holdings where those measures are
applied;

(f) increasing ex post documentary checks, which may include
such checks to be conducted on the spot, in the regions
concerned once the veterinary restrictions have been lifted.

2. Where, after applying the measures provided for in para-
graph 1, it is still not possible to achieve the rates of on-the-
spot checks required under Article 6(3), (5) and (6a) of Regula-
tion (EEC) No 3887/92 by the end of the control period in
question, Member States may reduce those rates for the regions
concerned. Where appropriate, ex post, on-the-spot checks
should be increased in the following control period.

Article 5

By way of derogation from the first subparagraph of

1.
Article 4(2)(a) of Regulation (EEC) No 3887/92:

(a) ‘area’ aid applications submitted in respect of the 2001/02
marketing year
in regions affected by foot-and-mouth
disease or by bad weather conditions, may be amended by
withdrawing areas declared as being ‘arable crops’ and/or
forage, and adding them to the set-aside areas, provided
that the conditions for the recognition of such areas as
set-aside are being met.

In regions affected by foot-and-mouth diesease, areas may,
moreover, be added to areas declared as forage;

(b) where the veterinary measures taken in conformity with
Community legislation in respect of regions affected by
foot-and-mouth disease, reduce the time period for which
forage areas are available for rearing animals and delay the
date at which the areas become available, Member States
may, for the 2001/02 marketing year, allow areas to be
added to areas declared as forage even after the latest date
for sowing provided that the same area had not already
been declared in any ‘area’ aid declaration.

2.
By way of derogation from Article 2(1)(c) of Regulation
(EEC) No 3887/92, Member States may, under the same condi-
tions as set out in paragraph 1(b), determine a later starting
date and a shorter period of availability.

The measures provided for in this Article shall be limited
3.
to those which are strictly necessary to preserve the effective-
ness of the veterinary measures taken to combat and prevent
the spread of foot-and-mouth disease.

Article 6

regularly inform the Commission of
Member States shall
the situation and the measures taken on the basis of this
Regulation.

Article 3

By way of derogation from Article 5a of Regulation (EEC) No
3887/92, Member States may provide that applications may
also be submitted by telephone. In this case, the accompanying
documents shall be transmitted to the competent authority as
soon as possible. Under the same condition, Member States
may allow other notifications provided for in Regulation (EEC)
No 3887/92 to be transmitted by telephone or electronic
means.

Article 7

This Regulation shall enter into force on the day after its
publication in the Official Journal of the European Communities.

It shall apply from 20 February to 31 December 2001.

L 123/22

EN

Official Journal of the European Communities

4.5.2001

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

Done at Brussels, 3 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission