Commission Regulation (EC) No 2550/2001 of 21 December 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 and amending Regulation (EC) No 2419/2001
Date: 2001-12-21
Institutions: European Commission
Subjects: agricultural guidance, aid per hectare, aid system, aid to agriculture, goat, sheep

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L 341/105

COMMISSION REGULATION (EC) No 2550/2001

of 21 December 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 and
amending Regulation (EC) No 2419/2001

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 up a new system of
premia to replace the system set out in Council Regula-
tion (EC) No 2467/98, of 3 November 1998 on the
common organisation of the market in sheepmeat and
goatmeat (4), as amended by Regulation (EC) No 1669/
2000 (5). In order to take account of the new arrange-
ments and in the interests of clarity, it is necessary to
establish new rules to replace those set out in Commis-
sion Regulations (EEC) No 2814/90 of 28 September
1990 laying down detailed rules for the definition of
lambs fattened as heavy carcasses (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 sheepmeat and
last
goatmeat producers and producer groups, as
amended 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

(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.

rules for the application of the individual limits, national
reserves and transfer of rights provided for in Article 5a
to 5c of Council Regulation (EEC) No 3013/89 on the
common organisation of the market in sheepmeat and
goatmeat (11), as last amended by Regulation (EC) No
1311/2000 (12),
(EEC) No 2700/93 of 30 September
1993 on detailed rules for
the
premium in favour of sheepmeat and goatmeat produ-
cers (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 goatmeat producers is granted (15) and to
repeal these regulations.

the application of

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 Regula-
tion should be restricted to the regulation of outstanding
matters which have not been covered by Commission
Regulation (EC) No 2419/2001 of 11 December 2001
laying down detailed rules for applying the integrated
administration
certain
control
Community aid schemes established by Council Regula-
tion (EEC) No 3508/92 (16) (hereinafter referred to as the
‘integrated system’), in particular those concerning the
periods and conditions related to the applications for the
premium and for the supplement to the premium as
well as the duration of the retention period.

system for

and

Article 4(2) of Regulation (EC) No 2529/2001 provides
for the granting of a premium to goatmeat producers in
certain areas of the Community. The areas in question
should therefore be determined in accordance with the
criteria laid down in this provision.

In accordance with Article 5(1) of Regulation (EC) No
2529/2001 producers whose holdings have at
least
50 % of their area used for agriculture situated in some
disadvantaged or remote areas may qualify for a supple-
mentary premium. Article 4(2) makes reference to the
specific geographical zones where goatmeat producers
meet the necessary conditions to qualify for the goat
premium. Provisions should be made for a declaration to
be provided by producers meeting these criteria to
enable Member States to determine whether the appro-
priate conditions for granting the aid are met in order to
avoid any unjustified payments to holdings that are not

(2)

(3)

(4)

(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.
(16) OJ L 327, 12.12.2001, p. 11.

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eligible. When producers are not required under the
integrated system to submit an ‘area’ aid application,
provision should be made for a specific declaration as
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.

Council Regulation (EC) No 1454/2001 of 28 June
2001 introducing specific measures for certain agricul-
tural products for the Canary Islands and repealing
Regulation (EEC) No 1601/92 (Poseican) (1) provides for
the application of specific measures relating to sheep
and goat farming in the Canary Islands. Those measures
entail the grant of a supplement to the premium of an
amount, which has to be specified.

in
The criteria for eligibility for direct payments and,
particular the conditions required need to be clarified.

For the purpose of monitoring the system of granting of
premiums and the sheepmeat and goatmeat market
Member States should notify the Commission regularly
on that matter.

(5)

(6)

(7)

(8) With a view to implementing the system of individual
limits as introduced by Articles 8 to 10 of Regulation
(EC) No 2529/2001,
the rules governing the deter-
mination of those limits and their communication to the
producers should be specified.

(12)

(13)

(14)

should therefore be authorised to raise the
States
minimum percentage of use of rights, which should not,
however, exceed 90 %.

The uniform implementation of the provisions relating
to the transfer 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 fix a minimum number of rights
which may be transferred or leased. Such rules should
also prevent infringement of the undertaking provided
for in Article 9 of Regulation (EC) No 2529/2001 to
surrender, 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 for this temporary leasing to
be limited in time so as to avoid abuse of the transfer
rules.

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 a deceased producer. Producers should be
notified in case of change of individual ceiling.

The special case where a producer uses only publicly or
collectively owned land for grazing and transfers all his
thus ceasing production,
rights
should be deemed equivalent
to the transfer of a
holding.

to another

farmer,

(9)

(10)

(11)

Appropriate measures should also be taken to ensure
that rights granted free of charge from the national
reserve are used by the beneficiaries solely for the
intended purposes.

Bearing in mind the regulating effect which the system
of individual limits will have on the market, provision
should be made for premium rights not used by their
holder during a specific period to revert to the national
reserve. However, this rule should not apply in some
exceptional and duly justified circumstances, such as the
case of small producers or of producers participating in
extensification
retirement
schemes contemplated in Council Regulation (EC) No
1257/1999 of 17 May 1999 on support for rural devel-
opment from the European Agricultural Guidance and
Guarantee Fund (EAGGF) and amending and repealing
certain Regulations (2).

programmes

early

and

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 should be fixed. This
percentage needs to be sufficient to avoid under-utilisa-
tion 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

(1) OJ L 198, 21.7.2001, p. 45.
(2) OJ L 160, 26.6.1999, p. 80.

(15) Where in some Member States the transfers of rights
without transfer of the holding are conducted solely via
the national reserve, there is a need to establish some
rules to preserve the consistency with the system of
direct
transfers between producers. Objective criteria
should be established for the determination of the sum
to be paid by the national reserve to the producer who
has transferred his rights and the sum to be paid by the
producer who receives equivalent
from the
national reserve.

rights

(16)

(17)

It is necessary to establish rules for the calculations and
adjustments to individual limits on premium rights to
ensure that only whole numbers are used.

The Commission is to monitor the new arrangements
and as a result it needs to be properly provided by the
Member States with the essential information regarding
the implementation of the premium rules.

(18) Detailed information on the national rules on, and
the additional payments must be

implementing of,
forwarded to the Commission.

(19)

In order to implement the premium rules efficiently and
to avoid any market distortion, Members States should
adopt the necessary measures for the correct application
of this Regulation.

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(20)

(21)

(22)

Some transitional arrangements are needed for Member
States to have enough time to prepare for applying this
Regulation. In the light of the higher amount of aid
under the new regime and of the greater transparency
resulting from a fixed flat-rate premium provision
should be made in order to protect the interests of
producers for applications already made under
the
previous regime to be considered as applications under
the new.

To protect the Community's financial interest effectively
adequate measures should be adopted sanctioning irreg-
ularities and fraud. It is necessary to introduce appro-
priate provisions for
the sheep and goat premium
schemes in Regulation (EC) No 2529/2001.

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 Agricultural Guidance and Guarantee
Fund,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down in particular the detailed rules for
the application of the direct payments laid down in Articles 4,
5, 6, 8, 9 and 10 of Regulation (EC) No 2529/2001.

CHAPTER I

DIRECT PAYMENTS

Article 2

Applications

1.
In addition to the requirements under the integrated
system, pursuant to Regulations (EEC) No 3508/92 and (EC)
No 2529/2001, producers must
indicate in the premium
applications whether they are marketing sheep's milk, or milk
products based on sheep's milk, 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 desig-
nated by the Member State, during a fixed period within a
period commencing on 1 November preceding the commence-
following the
ment of
commencement of the year in respect of which the applica-
tions are submitted.

the year and ending on 30 April

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 under-
takes to keep on his holding the number of ewes and/or goats
in respect of which the premium is requested shall be 100 days

starting on the first day following the last day of the period for
the submission of applications referred to in paragraph 2.

Article 3

Areas eligible for the premium for goatmeat producers

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

Application for supplementary premium and for the goat
premium

1.
In order to benefit from the supplementary premium or
the goat premium, a producer whose holding has at least 50 %
but less than 100 % of its area used for agriculture situated in
areas referred to in Article 5(1) of Regulation (EC) No 2529/
2001 or in areas eligible for the goat premium, shall submit a
declaration or declarations indicating the location of his land,
in accordance with the following rules:

(a) a producer who is required to submit each year a declara-
tion of the total utilised agricultural area of his holding, by
means of an ‘area’ aid application form, as provided for in
Article 6 of Regulation (EC) No 2529/2001 laying down
detailed rules for applying the integrated administration
and control system for certain Community aid schemes,
shall
indicate in that declaration those parcels used for
agriculture which are located in areas referred to in Article
5(1) of Regulation (EC) No 2529/2001 or in areas 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 identi-
fying 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, indi-
cating its area and detailing those parcels used for agricul-
ture which are located in areas referred to in Article 5(1) of
Regulation (EC) No 2529/2001 or in areas listed in Annex I
as appropriate. Member States may provide for the specific
declaration to be included in the application 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 attes-
tation from the local or regional authority which has made
land used for agriculture available to the producer concerned.
The attestation shall indicate the area of land 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.

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Article 5

Producers practising transhumance

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 produ-
cers.

1.
Premium applications submitted by producers the regis-
tered 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 has actually 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 attestation from the local
or regional authority at the place of transhumance certifying
that it has actually taken place during at least 90 consecutive
days.

When carrying out administrative checks on applications
Member States shall ensure that the place of transhumance
specified in the premium application is actually within an area
referred to in Article 5(1) of Regulation (EC) No 2529/2001.

Article 6

Canary Islands supplement

Pursuant to Article 6 of Regulation (EC) No 1454/2001, the
supplement
to the premium to be granted to producers
marketing sheep's and goatmeat located in the Canary Islands,
shall be EUR 4,2 per ewe and/or she-goat.

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
applications submitted for the current year. For that purpose
they shall use the model form included in Annex II hereto.
They shall also notify by 31 July 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 prac-
tising transhumance and referred to in Article 5(2) of Regula-
tion (EC) No 2529/2001 and Article 5 of the present Regula-
tion. The information shall be made available to the national
bodies responsible for drawing up official statistics in the
sheepmeat and goatmeat sector, at their request.

2. Where the information required by the compulsory noti-
fications changes,
in particular as a result of the checks or
corrections or improvements of previous figures, an update
shall be communicated to the Commission within one month
after the occurrence of the change.

CHAPTER II

LIMITS, RESERVES AND TRANSFERS

Article 10

Rights obtained free of charge

Article 7

Eligibility

Where a producer has obtained premium rights free of charge
from the national reserve and except in duly justified excep-
tional circumstances he shall not be authorised to transfer his
rights or to lease them temporarily during the three following
years.

Premiums shall be paid to producers on the basis of the
1.
number of ewes and/or
she-goats kept on his holding
throughout the retention period 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 final day of the retention period shall be consid-
ered eligible animals.

Article 8

Inventory of sheep producers marketing sheep's milk or
sheep's milk products

For each year Member States shall draw up, no later than the
30th day of the retention period, an inventory of sheep produ-
cers marketing sheep's milk or sheep's milk products. The
inventory shall be drawn up on the basis of the producers'
declarations referred to in Article 2(1). In addition, Member
States shall, when drawing up the inventory, take account of
the results of controls and any other source of information

Article 11

Use of rights

1.
A producer holding rights may make use of them by
availing himself of those rights and/or leasing those rights to
another producer.

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 percentage of his rights, during each of two
consecutive calendar years, the part not used during the last
calendar year shall be transferred to the national reserve;

(b) in the case of a producer participating in an extensification

programme recognised by the Commission;

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(c) in the case of a producer participating in an early retire-
ment scheme recognised by the Commission in which the
transfer and/or temporary leasing of rights is not obliga-
tory, or

(d) in exceptional and duly justified circumstances.

Temporary leasing shall be only in respect of whole years
3.
and shall
involve at least the minimum number of animals
provided for in Article 12(1). At the end of each period of
temporary leasing, which may 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 consec-
utive years. If the producer does not avail himself of at least the
minimum percentage of his rights, fixed in accordance with
paragraph 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 retire-
ment schemes recognised by the Commission, Member States
may provide for the total duration of the temporary leasing on
the basis of such schemes to be increased.

Producers who have undertaken to participate in an extensifica-
tion programme in accordance with the measure referred to in
Article 2(1)(c) of Council Regulation (EEC) No 2078/92 (1) or
in an extensification 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
this
throughout
provision shall not apply in cases where the programme
permits the transfer and/or temporary leasing of rights to
producers whose participation in the measures other than
those referred to in this subparagraph requires the acquisition
of rights.

that participation. However,

the period of

The minimum percentage of use of rights to the premium

4.
shall be 70 %.

However, Member States may increase this percentage up to
90 %. They shall
inform the Commission in advance of the
percentage they intend to apply.

Article 12

Transfer of rights and temporary leasing

1. Member States may lay down, on the basis of
their
production structures, a minimum number of premium rights
which may be the subject 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
the Member State by the
to the competent authorities of

(1) OJ L 215, 30.7.1992, p. 85.

producer transferring and/or leasing 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 application period ends in that Member State, except
in those cases where the transfer takes place through an inheri-
tance. In that case, the producer who receives the rights shall
be in a position to furnish appropriate legal documents to
the deceased
prove that he or she is the beneficiary of
producer.

3.
In the case of a transfer without a transfer of the holding,
the number of rights transferred without compensation to the
national reserve may in no case be less than one.

Article 13

Change of individual ceiling

In the case of transfers or temporary leasing of premium rights,
Member States shall set the new individual ceiling and shall
notify the producers concerned of the number of premium
rights to which they are entitled not later than 60 days from
the last day of the period during 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 condi-
tions referred to in Article 12(2).

Article 14

Producers who do not own the land they farm

Producers farming only publicly or collectively owned land
who decide to stop using that land for grazing and to transfer
all their rights to another 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 rights only.

Article 15

Transfer through the national reserve

Where Member States provide that the transfer of rights is to
take place via the national reserve, they shall apply national
provisions analogous to 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 become effective until after notification by the
competent authorities of the Member 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.

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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 corresponding 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 shall be equal to
the payment charged to a producer who receives equivalent
rights from the national reserve.

Article 16

CHAPTER III

ADDITIONAL PAYMENTS

Article 18

By 30 April 2002 Member States shall provide information to
the Commission on their national arrangements concerning the
granting of the additional payments foreseen under Article 11
of Regulation (EC) No 2529/2001. Where applicable this infor-
mation shall

include in particular:

Calculation of individual limits

1. Headage payments:

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 calcula-
tions is not a whole number, the nearest whole number shall
be used. However, where the result of the calculations falls
exactly between whole numbers, the higher whole number
shall be used.

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 individual ceilings in accordance with Article 8(3)
of Regulation (EC) No 2529/2001, as well as the total number
of rights granted to producers and the number of rights allo-
cated 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
accordance Article 9(2) of Regulation (EC) No 2529/2001 and
where applicable of the measures taken under Article 9(3) and,
before 1 January each year, 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 compens-
atory payment to the national reserve following transfers of
rights without 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 national reserve during the preceding year;

(c) the number of rights granted under Article 10(3) of Regula-
tion (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 transfers of rights and to the applications for the
premium.

(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

additional payments.

4. Member States shall notify the Commission of any changes
in the arrangements within a period of one month after any
such changes.

CHAPTER IV

TRANSITIONAL AND FINAL PROVISIONS

Article 19

National implementing measures

Member States shall adopt all suitable measures necessary to
ensure that this Regulation is applied properly. They shall
inform the Commission thereof.

Article 20

Transitional measures

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 shall be considered as applications under the
regime established in Regulation (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.

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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
2738/1999 are repealed with effect from 1 January 2002. They
shall remain applicable 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 accordance with the correlation
table in Annex VI.

Article 22

Amendment to the integrated system

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 accord-
ance with Article 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 premium application that he was doing so, the amount
of the aid to which he is entitled shall be reduced to the
premium payable to sheep producers marketing sheep's
milk and sheep's milk products less the difference between
this and the full amount of the ewe premium.

3. Where, in respect of applications for the supplemen-
tary premium, it is determined that less than 50 % of the
area of the holding used for agriculture is located in areas
referred to in Article 5(1) of Council Regulation (EC) No
2529/2001 (*), the supplementary premium shall not be

paid and the ewe and goat premium shall be reduced by an
amount equivalent to 50 % of the supplementary premium.

4. Where it is determined that the percentage of the area
of the holding used for agriculture located in areas listed in
Annex I of Commission Regulation (EC) No 2550/2001 (**)
is below 50 %, the goat premium shall not be paid.

5. Where, it is established that the producer practising
transhumance who submits an application for the supple-
mentary premium has not grazed 90 % of his animals for
at least 90 days in an area referred to in Article 5(2)(b) of
Regulation (EC) No 2529/2001 the
supplementary
premium shall not be paid and the ewe or goat premium
shall be reduced by an amount equivalent to 50 % of the
supplementary premium.

6. Where it is found that the irregularity referred to in
paragraphs 2, 3, 4 and 5 results from intentional non-
compliance the total amount of aid referred to in these
paragraphs shall be refused. In this case, the farmer shall be
to that
excluded once again from receiving aid equal
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 of applications 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 Journal of the European
Communities.

It shall apply from 1 January 2002.

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

Done at Brussels, 21 December 2001.

For the Commission

Franz FISCHLER

Member of the Commission

L 341/112

EN

Official Journal of the European Communities

22.12.2001

ANNEX I

Areas eligible for receiving the goat premium

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 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.

22.12.2001

EN

Official Journal of the European Communities

L 341/113

ANNEX II

L 341/114

EN

Official Journal of the European Communities

22.12.2001

ANNEX III

22.12.2001

EN

Official Journal of the European Communities

L 341/115

ANNEX IV

L 341/116

EN

Official Journal of the European Communities

22.12.2001

ANNEX V

22.12.2001

EN

Official Journal of the European Communities

L 341/117

ANNEX VI

Correlation table

Regulation (EEC) No 2700/93

This Regulation

—

Article 1

—

Article 1a(1) and (2)

Article 3

Article 4(2)

Article 1a(6)

Article 2

Annex I

Annex II

—

—

Article 1

Article 2

Article 3

Article 4

Article 7

Article 8

Article 22

Article 9

Annex II

—

Annex III

Annex IV

Regulation (EEC) No 3567/92

This Regulation

Article 6

Article 6a

Article 7

Article 9

Article 10

Article 11

Article 12

—

Article 15

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

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 I