Commission Regulation (EC) No 2184/2005 of  23 December 2005  amending Regulations (EC) No 796/2004 and (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers
Date: 2005-12-23
Institutions: European Commission
Subjects: aid to agriculture, common agricultural policy, cotton, olive-growing, plot, professional association, tobacco

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COMMISSION REGULATION (EC) No 2184/2005

of 23 December 2005

amending Regulations (EC) No 796/2004 and (EC) No 1973/2004 laying down detailed rules for the
application of Council Regulation (EC) No 1782/2003 establishing common rules for direct support
schemes under the common agricultural policy and establishing certain support schemes for farmers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Due to the particularities of olive parcels, there is a need
to provide for a particular definition in that respect.

Having regard to the Treaty
Community,

establishing the European

Having regard to 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 (1), and in particular of Article 7(1),
24(1), 145(c), (l), (m), (n), (p), (r), thereof,

Whereas:

(1)

(2)

Following the introduction of the support schemes for
cotton, olive oil and tobacco into the single payment
scheme, Commission Regulation (EC) No 796/2004 of
21 April 2004 laying down detailed rules for the imple-
mentation of cross-compliance, modulation and the inte-
grated administration and control system provided for in
Council Regulation (EC) No 1782/2003 establishing
common rules for direct support schemes under the
common agricultural policy and establishing certain
support schemes for farmers (2) needs to be amended
in several respects, in particular with regard to the appli-
cation procedure and the control measures to be carried
out with regard to those aid schemes. Moreover, the
provisions of that Regulation need to be clarified with
regard to certain aspects.

referring

for the purpose of

There is a need to clarify the concept of the term ‘agri-
cultural parcel’
the application of
Regulation (EC) No 796/2004 as
to a
continuous area of land on which a single crop group
is cultivated by a single farmer. Such definition read in
conjunction with Article 49(3) of that Regulation should
that crops of different crop
make it clear, however,
groups may be cultivated on the same continuous area
of land where the different aid schemes so allow. In such
cases the same area would have to be taken into account
as several agricultural parcels.

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005,
p. 15).

(2) OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regu-

lation (EC) No 1954/2005 (OJ L 314, 30.11.2005, p. 10).

(4)

(5)

(6)

(7)

(8)

In accordance with Article 66(2) of Regulation (EC) No
796/2004, the non-respect of various cross-compliance
obligations, all
falling within the same area of cross-
compliance within the meaning of Article 2(31) of that
Regulation, are to be considered as one non-compliance
should be
when fixing the respective sanctions.
clarified that the non-respect of the obligations for indi-
vidual farmers in the context of the maintenance of land
under permanent pasture referred to in Article 4 of that
Regulation fall within the same area of cross-compliance
as the respect of the ‘good agricultural and environmental
condition’. The respective definitions should be adapted
accordingly.

It

Any specific information relating to the production of
cotton, olive oil and tobacco should be requested as
part of the single application.

Farmers are furnished with pre-printed application forms
and graphic material. Whilst farmers should indicate the
correct size of the area if the pre-printed material
is
incorrect, this would be very difficult in respect of the
size of the area resulting from changes of the positioning
of olive trees. In that respect the obligation of the farmer
to indicate any changes regarding the positioning of the
olive trees should suffice to give the competent authority
the necessary information to re-calculate the exact
resulting size of the area.

In accordance with Article 14(2) of Regulation (EC) No
796/2004, the Member States may derogate from certain
provisions concerning the single application during the
first year of application of the single payment scheme.
That derogation should also apply whenever new
elements are introduced into the single application
scheme.

The cross-checks to be carried out on the single appli-
cation should be extended to certain particular checks
with regard to various conditions to be respected by
the
crop specific
payment for cotton.

farmer when applying

the

for

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(9)

(10)

(11)

A frequent error when performing the cross-checks is a
minor over-declaration of
the total agricultural area
within a reference parcel. For reasons of simplification,
where a reference parcel is subject to an aid application
of two or more farmers applying for aid under the same
aid scheme and where the overall area declared exceeds
the agricultural area with a difference which falls within
the tolerance defined pursuant to Article 30(1) of Regu-
lation (EC) No 796/2004, Member States should be
authorised to provide for a proportional reduction of
the areas concerned. However, in certain situations, the
farmers concerned should be entitled to appeal against
such decisions.

(18)

In order to guarantee effective controls on the tobacco
aid scheme provided for in Chapter 10c of Title IV of
Regulation (EC) No 1782/2003, a particular control
sample should be provided for on-the-spot checks.

Experience shows that certain adaptations may be made
to the minimum sample to be selected for on-the-spot
checks of farmers applying for aid for nuts provided for
in Chapter 4 of Title IV of Regulation (EC) No
1782/2003.

(12) As regards payments of tobacco aid under Chapter 10c
of Title IV of Regulation (EC) No 1782/2003, there is a
need to provide for a particular control sample for the
selection of first processors to be checked on-the-spot
during first processing and market preparation.

(13)

Since not only farmers are subject
to the sampling
provisions of Regulation (EC) No 796/2004, Article 27
of that Regulation should be adapted accordingly.

(14)

The elements to be taken into account
for the risk
analysis when selecting control samples for on-the-spot
checks should be extended for the purposes of the new
aid schemes to be controlled under Regulation (EC) No
796/2004.

(15)

The control report to be prepared after each on-the-spot
check should provide the relevant information regarding
olive trees.

cotton, specific conditions for the on-the-spot checks
should be laid down.

from a

to the condition that

specified production area

In accordance with of Article 110k(a) and (c) of Regu-
lation (EC) No 1782/2003, the granting of the tobacco
the raw tobacco
aid is subject
comes
and is
delivered on the basis of a cultivation contract. Aid for
tobacco production may be paid only after a check on
the operations concerned
deliveries to guarantee that
In several Member
have actually been carried out.
States checks are carried out at
the place to which
is
tobacco is delivered rather
processed. In order to prevent irregularities the checks
to be carried out at those places and conditions for the
transfer of the raw tobacco should be specified.

than that where

it

(19)

For the purpose of guaranteeing effective checks during
first processing and market preparation, the raw tobacco
should be placed under supervision when the farmer
delivers it to the first-processing undertaking. For that
reason,
the tobacco from both the Community and
third countries should remain under supervision until
first processing and market preparation have taken place.

(20) As regards both the basis of calculation in respect of
areas declared and reductions and exclusions, special
provisions are necessary to take into account the parti-
cularities of aid applications under the aid schemes for
tobacco and cotton.

(21)

Special provisions are needed as
regards additional
payments to be granted in the case of the optional imple-
farming and quality
mentation for specific types of
production.

(22) Aid schemes which are not established under Titles III or
IV of Regulation (EC) No 1782/2003 but which are listed
in Annex I to that Regulation also form part of the direct
payment schemes. Cross-compliance is therefore also
such aid
aid under
relevant,
schemes should also be subject to sampling.

and applications

for

(16) Given the particularities of the aid schemes for cotton,
olive oil and tobacco in accordance with Chapters 10a,
10b and 10c of Title IV of Regulation (EC) No
1782/2003, special control provisions should be estab-
lished.

(23) Given the particularities of the aid schemes for cotton
and tobacco provided for in Chapters 10a and 10c of
Title IV of Regulation (EC) No 1782/2003,
special
penalties should be established.

(17)

Following the introduction of approved inter-branch
the production of
organisations

in the context of

(24)

Experience gained shows that a clarification and specifi-
cations of the information to be communicated to the
Commission is needed.

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(25) Article 171ae of Commission Regulation (EC) No
1973/2004 of 29 October 2004 laying down detailed
rules for the application of Council Regulation (EC) No
1782/2003 as regards the support schemes provided for
in Titles IV and IVa of that Regulation and the use of
land set aside for the production of raw materials (1)
inter-
establishes the procedure for
branch organisations of
cotton
referred to in Article 110d of Regulation (EC) No
should be made in case an
1782/2003. Provisions
approved inter-branch organisation does no longer fulfil
the relevant criteria.

farmers producing

the approval of

‘(33) “Standards”: shall mean the standards as defined
by the Member States in accordance with Article 5
of Regulation (EC) No 1782/2003 and Annex IV
thereto as well as the obligations in relation to
permanent pasture as laid down in Article 4 of
this Regulation;’

(d) point (35) is replaced by the following:

‘(35) “Non-compliance”:

non-
compliance with the requirements and standards;’

shall mean

any

(26)

Regulations (EC) No 796/2004 and (EC) No 1973/2004
should therefore be amended accordingly.

2. Article 12 is amended as follows:

(27)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 796/2004 is amended as follows:

(a)

in paragraph 1, point (e) is replaced by the following:

‘(e) where appropriate, the olive area expressed in olive
in accordance with points 2 and 3 of

GIS-ha,
Annex XXIV to Regulation (EC) No 1973/2004;

(f) a statement by the farmer that he is aware of the
in

aid schemes

conditions pertaining to the
question.’;

1. Article 2 is amended as follows:

(b) in paragraph 2, the second subparagraph is deleted;

(a)

the following points are inserted after point (1):

(c) paragraph 3 is replaced by the following:

‘(1a) “Agricultural parcel”: shall mean a continuous area
of land on which a single crop group is cultivated
by a single farmer;

(1b) “Olive parcel” shall mean an agricultural parcel
with olive trees, as defined in point 1(a) of
Annex XXIV to Commission Regulation (EC) No
1973/2004 (*);

___________
(*) OJ L 345, 20.11.2004, p. 1.’;

(b) point (31) is replaced by the following:

cross-compliance”
of
areas

‘(31) “Areas of
shall mean the
different
statutory management
requirements within the meaning of Article 4(1)
of Regulation (EC) No 1782/2003 and the good
agricultural
condition in
accordance with Article 5 of that Regulation;’

environmental

and

‘3.
For the purpose of the identification of all agri-
cultural parcels on the holding referred to in paragraph
1(d), the pre-printed forms distributed to the farmer in
accordance with Article 22(2) of Regulation (EC) No
1782/2003 shall mention the maximum eligible area
the single
per reference parcel
payment
the graphical material
in accordance with that
supplied to the
provision shall
the
the
reference parcels and their unique identification and
indicate the location of each agri-
the farmer shall
cultural parcel.

for the purposes of

scheme. Moreover,

farmer
indicate

boundaries

of

As regards olive parcels, the graphical material supplied
include for each olive parcel the
to the farmer shall
number of eligible olive trees and their positioning in
the parcel as well as the olive area expressed in olive
GIS-ha in accordance with point 3 of Annex XXIV to
Regulation (EC) No 1973/2004.

In the case of an application for aid for olive groves
provided for in Chapter 10b of Title IV of Regulation
(EC) No 1782/2003, the graphical material supplied to
the farmer shall include for each olive parcel:

(c) point (33) is replaced by the following:

(1) OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Regu-
lation (EC) No 2182/2005 (See p. 31 of this Official Journal).

(a)

the number of non eligible olive trees and their
positioning in the parcel;

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(b) the olive

area

in
accordance with point 2 of Annex XXIV to Regu-
lation (EC) No 1973/2004;

expressed in olive GIS-ha,

(c)

the category under which aid is claimed, as estab-
lished in accordance with Article 110i(2) of Regu-
lation (EC) No 1782/2003;

a programme

(d) where appropriate, an indication that the parcel is
covered by
the
Commission as referred to in Article 4 of Council
Regulation (EC) No 1638/98 (*), and the number of
olive trees concerned and their positioning in the
parcel.

approved by

4. When submitting the application form, the farmer
shall correct the pre-printed form referred to in para-
graphs 2 and 3 if any amendments,
in particular
transfers of payment entitlements in accordance with
Article 46 of Regulation (EC) No 1782/2003, have
occurred or if any of
the information contained in
the pre-printed forms is incorrect.

shall

size of

indicate the actual

If the correction relates to the size of the area, the
farmer
the area
concerned. However, where the positioning of olive
is incorrect,
trees indicated in the graphical material
shall not be obliged to indicate the
the farmer
resulting correct size of
the area expressed in olive
GIS-ha but shall only indicate the actual position of
the trees.

___________
(*) OJ L 210 28.7.1998, p 32.’;

3.

in Article 13, the following paragraphs are added:

(a) of the olive trees grubbed and replaced;

(b) of the olive trees grubbed and not replaced;

(c) of supplementary olive trees planted.

In the case of an application for the tobacco aid
12.
provided for in Chapter 10c of Title IV of Regulation
(EC) No 1782/2003, the single application shall contain:

(a) a copy of the cultivation contract referred to in Article
110k(c) of Regulation (EC) No 1782/2003 or a
reference to its registration number;

(b) an indication of the tobacco variety grown on each

agricultural parcel;

(c) a copy of the supporting control certificate issued by
the competent authority indicating the quantity of dried
tobacco leafs which has been delivered to the first
processor, expressed in kilogram.

Member States may provide that the information referred
to in point (c) may be submitted separately by a later date
which shall not be later than 15 May of the year following
the harvest.’;

4.

in Article 14(2), the following subparagraph is added:

‘The derogation provided for in the first subparagraph shall
also apply with regard to the first year when new sectors
are introduced to the single payment scheme and the
payment entitlements are not yet definitely established for
the farmers concerned by this introduction.’;

In the case of an application for

‘10.
the specific
payment for cotton provided for in Chapter 10a of Title
IV of Regulation (EC) No 1782/2003, the single application
shall contain:

5. Article 24 is amended as follows:

(a)

in paragraph 1, the following points are added:

(a) the name of the variety of cotton seed used;

(b) where appropriate,

the
approved inter-branch organisation of which the
farmer is a member.

the name and address of

11.
In the case of an application for the aid for olive
groves provided for in Chapter 10b of Title IV of Regu-
lation (EC) No 1782/2003, the single application shall, for
each olive parcel, contain the number and the positioning
in the parcel:

‘(i) between the agricultural parcels as declared in the
single application and the parcels authorised for
cotton production by
in
accordance with Article 110b of Regulation (EC)
No 1782/2003;

the Member State

(j) between the declarations of

the farmers in the
an
a member of
single
application to be
infor-
approved inter-branch organisation,
mation under Article 13(10)(b) of this Regulation
and the information transmitted by the approved
inter-branch organisations concerned, to verify elig-
ibility for the increase of the aid provided for in
Article 110f(2) of Regulation (EC) No 1782/2003.’;

the

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(b) in paragraph 2, the following subparagraph is added:

‘(f)

the measurement

‘Where a reference parcel
is subject to an aid appli-
cation of two or more farmers under the same aid
scheme and where the overall area declared exceeds
the agricultural area with a difference which falls
within
in
accordance with Article 30(1), Member States may
the areas
provide for a proportional
concerned may
concerned.
reduction on the
appeal against
grounds
farmers concerned
over-declared their areas beyond that tolerance to his
detriment.’;

case,
the decision of
the other

reduction of

that any of

tolerance

In that

farmers

defined

6.

in Article 26, paragraph 1 is amended as follows:

(a) point (c) is replaced by the following:

‘(c) 5 % of all farmers applying for the tobacco aid
provided for in Chapter 10c of Title IV of Regu-
lation (EC) No 1782/2003;

(d) 10 % of all farmers applying for the aid for nuts
provided for in Chapter 4 of Title IV of Regulation
(EC) No 1782/2003, in the case where a Member
State makes use of the possibility not to introduce,
in accordance with Article 6(3) of this Regulation,
an additional layer of GIS information;

least 10 % of all

the aid for nuts provided for

with regard to all other Member States, in respect
farmers
of year 2006, of at
applying for
in
Chapter 4 of Title IV of Regulation (EC) No
1782/2003, where the additional
layer of GIS
information provided for in Article 6(3) of this
Regulation does not offer the level of assurance
and implementation necessary for
the proper
management of the aid scheme.’;

of

Title

as regards aid applications for the crop specific
payment for cotton in accordance with Chapter
10a
(EC) No
1782/2003, 20 % of
the inter-branch organi-
approved in accordance with Article
sations
110d of
that Regulation and of which farmers
declare to be a member in their single applications;

IV of Regulation

(g) as regards applications for

the tobacco aid in
accordance with Chapter 10c of Title IV of Regu-
lation (EC) No 1782/2003, 5 % of first processors
as
regards checks during first processing and
market preparation.’

7. Article 27 is amended as follows:

(a)

in paragraph 1, the first subparagraph is replaced by
the following:

‘Control samples for on-the-spot checks under this
Regulation shall be
competent
authority on the basis of a risk analysis and representa-
tiveness of the aid applications submitted. The effec-
tiveness of risk analysis parameters used in previous
years shall be assessed on an annual basis.’;

selected by

the

(b) in paragraph 2, point (k) is replaced by the following:

‘(k)

in the case of applications for the tobacco aid
provided for in Chapter 10c of Title IV of Regu-
lation (EC) No 1782/2003, the quantities of raw
by
tobacco,
cultivation
in relation to the areas declared as
contracts
under tobacco;

covered

variety,

by

(l)

in the case of checks on first processing under-
takings in the framework of applications for the
tobacco aid provided for in Chapter 10c of Title IV
of Regulation (EC) No 1782/2003, the different
sizes of undertakings;

(b) the last subparagraph is replaced by the following:

(m) other factors to be defined by the Member States.’

sample drawn under

‘Where the control
the first
subparagraph already contains applicants for the aids
referred to in points (a) to (d) of the second subpar-
agraph, those applicants may be counted towards the
control rates stipulated therein.’;

(c)

in paragraph 2, the following points are added:

8.

in Article 28(1), point (c) is replaced by the following:

‘(c)

the agricultural parcels checked, the agricultural parcels
measured including, where applicable, the number of
olive trees and their positioning in the parcel, the result
of the measurements per measured agricultural parcel
and the measuring methods used;’

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9.

in Article 30, paragraph 1 is replaced by the following:

‘1.
Agricultural parcel areas shall be determined by any
appropriate means defined by the competent authority
which ensure measurement of
least
equivalent
required for official measurements
to that
under the national rules. A measurement tolerance may
be defined by the competent authority that shall not
exceed:

a precision at

(a)

for parcels of less than 0,1 ha, a buffer of 1,5 m applied
to the perimeter of the agricultural parcel;

(b) for other parcels, 5 % of the agricultural parcel area or a
buffer of 1,5 m applied to the perimeter of the agri-
cultural parcel. However, the maximum tolerance with
regard to each agricultural parcel shall not, in absolute
terms, exceed 1,0 ha.

delivery shall be authorised by the competent authority
it can
which shall be informed in advance so that
determine the date of delivery. During a check,
the
competent authority shall verify that it has authorised the
delivery in advance.

2.
If delivery is made to an approved purchasing centre
as provided for in Article 171ck(2) of Regulation (EC) No
1973/2004, unprocessed tobacco, once checked, may leave
the purchasing centre solely for the purpose of being trans-
ferred to the processing plant. After the checks have been
made, the tobacco shall be assembled in distinct quantities.

The transfer of those quantities to the processing plant shall
be authorised in writing by the competent authority which
it can accurately
shall be informed in advance so that
identify the means of transport used, the route, the time
of departure and arrival and the quantities of tobacco trans-
ported in each separate instance.

The tolerance provided for in the first subparagraph shall
not apply to olive parcels for which the area is expressed in
olive GIS-ha in accordance with points 2 and 3 of Annex
XXIV to Regulation (EC) No 1973/2004.’;

3. When the tobacco reaches the processing plant, the
competent control body shall verify that the separate quan-
tities checked in the purchasing centres are those actually
delivered, in particular by weighing them.

10. the following Article is inserted after Article 31:

The competent authority may lay down any special
conditions it deems necessary for checking the operations.

‘Article 31a

Article 33c

On-the-spot checks on approved inter-branch organi-
sations

On-the-spot checks on approved inter-branch organisations
in the framework of applications for aid under the crop
specific payment for cotton provided for in Chapter 10a of
Title IV of Regulation (EC) No 1782/2003 shall verify the
respect of the criteria for approval of those organisations,
the list of their members and the scale referred to in Article
110e of that Regulation.’;

11. the following subsection is inserted in Section II of Chapter

II of Title III:

Placing under supervision and checks during first
processing and market preparation

1. Member States shall take the appropriate measures to
ensure that raw tobacco is placed under supervision at the
moment when it is delivered from the farmer to the first-
processing undertaking.

Placing under supervision shall ensure that raw tobacco
cannot be released before the first processing and market
preparation operations are completed and that no raw
tobacco is submitted more than once for checking.

‘S u b s e c t i o n I I B

On-the-spot checks related to the applications for
tobacco aid

Article 33b

Checks of deliveries

2.
Checks during first processing and market preparation
of the tobacco shall verify compliance with Article 171cb
of Regulation (EC) No 1973/2004, in particular relating to
the quantities of raw tobacco in each undertaking being
checked, distinguishing between raw tobacco produced in
the Community and raw tobacco originating in or coming
those checks shall
from third countries. To that end,
include:

1. With regard to applications for the aid for tobacco
provided for in Chapter 10c of Title IV of Regulation (EC)
shall be checked. Each
No 1782/2003, all deliveries

(a) checks of the processing undertaking's stocks;

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(b) checks when the tobacco leaves the place in which it
first

supervision,

undergone

was
having
processing and market preparation;

under

(c) all additional control measures that Member States
deem necessary,
that no
in particular
premium is paid for raw tobacco originating in or
coming from third countries.

to ensure

to be determined by the Member State,

3.
Checks pursuant to this Article shall be undertaken in
the place where the raw tobacco is processed. Within a
the
time-limit
undertakings involved shall notify their competent bodies,
in writing, of the places where processing will take place.
To that end, Member States may specify the information to
be provided by the first-processing undertakings to the
competent bodies.

Checks pursuant to this Article shall in all cases be

4.
unannounced.’;

tobacco as provided for in Chapters 6, 9 and 10c
respectively of Title
IV of Regulation (EC) No
1782/2003, if the area of a crop group determined is
found to be greater than that declared in the aid appli-
cation, the area declared shall be used for calculation of
the aid.’;

(b) paragraph 3 is replaced by the following:

for

starch potato,

‘3. Without prejudice to reductions and exclusions in
accordance with Articles 51 and 53,
in the case of
applications for aid under area-related aid schemes,
except
seed and tobacco as
provided for in Chapters 6, 9 and 10c respectively of
Title IV of Regulation (EC) No 1782/2003, if the area
declared in a single application exceeds
the area
determined for
the aid shall be
that crop group,
calculated on the basis of the area determined for that
crop group.’;

12. Article 38 is replaced by the following:

15. Article 51 is amended as follows:

‘Article 38

Special provisions as regards additional payments

(a) in paragraph 1, the first subparagraph is replaced by the

As regards the additional payment to be granted for specific
types of farming or for quality production as provided for
in Article 69 of Regulation (EC) No 1782/2003 and the
additional payment provided for in Articles 119 and 133
of that Regulation, the Member States shall, where appro-
this is not
priate, apply the provisions of
scheme
appropriate because of
the
concerned,
controls
shall provide
ensuring a control
level equivalent to that laid down in
this Title.’;

this Title.
structure of

the Member States

the

If

13.

in Article 44(1), the first subparagraph is replaced by the
following:

‘The competent control authority shall, with regard to the
requirements or standards for which it is responsible, carry
out checks on at least 1 % of all farmers submitting aid
applications under support schemes for direct payments
within the meaning of Article 2(d) of Regulation (EC) No
1782/2003 and for which the competent control authority
in question is responsible.’;

14. Article 50 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.
In the case of applications for aid under area-
related aid schemes, except for starch potato, seed and

following:

‘If, in respect of a crop group, the area declared for the
purposes of any area-related aid schemes, except those
for starch potato, seed and tobacco as provided for in
Chapters 6, 9 and 10c respectively of Title IV of Regu-
lation (EC) No 1782/2003, exceeds the area determined
in accordance with Article 50(3),
(4) and (5) of this
Regulation, the aid shall be calculated on the basis of
the area determined reduced by twice the difference
found if that difference is more than either 3 % or
two hectares, but no more than 20 % of
the area
determined.’;

(b) in paragraph 2, the first subparagraph is replaced by the

following:

the

‘If, in respect of the overall area determined covered by
the single application, except for starch potato, seed and
tobacco as provided for in Chapters 6, 9 and 10c
IV of Regulation (EC) No
respectively of Title
1782/2003,
area
determined in accordance with Article 50(3), (4) and
(5) of this Regulation by more than 30 %, the aid to
which the farmer would have been entitled pursuant to
Article 50(3),
(4) and (5) of this Regulation shall be
refused for the calendar year in question under those
aid schemes.’;

area declared exceeds

the

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16. Article 52 is amended as follows:

Article 54b

(a) the title is replaced by the following:

‘Article 52

Reductions in cases of irregularities concerning the
size of the areas declared for the payment of aid for
starch potato, seed and tobacco’

(b) paragraphs 1 and 2 are replaced by the following:

‘1.
If it is found that the area actually cultivated with
potatoes or tobacco is more than 10 % lower than the
area declared for the payment of aid for starch potato
or tobacco as provided for in Chapters 6 and 10c
respectively of Title
IV of Regulation (EC) No
1782/2003, the aid to be paid shall be reduced by
twice the difference found.

2.
If it is found that the area actually cultivated with
seeds is more than 10 % higher than the area declared
for the payment of seed aid as provided for in Chapter
9 of Title IV of Regulation (EC) No 1782/2003, the aid
to be paid shall be reduced by twice the difference
found.’;

17. the following Articles are inserted after Article 54:

‘Article 54a

Reductions and exclusions concerning tobacco aid
applications

Without prejudice to any reductions and exclusions to be
applied in accordance with Article 51 or 53, where it is
found that
replanted on the parcel
indicated in the cultivation contract by 20 June of the
year of harvest:

tobacco was not

(a) 50 % of the aid for the current harvest shall be refused,
if replanting is carried out by 30 June at the latest;

(b) entitlement to the aid for the current harvest shall be
refused, if replanting is carried out after 30 June.

However, the reductions or exclusions referred to under
the first subparagraph shall not
points (a) and (b) of
apply in cases where, in accordance with Article 171cd(4)
of Regulation (EC) No 1973/2004, the farmer can give a
justification for
the
competent authority.

the delay to the satisfaction of

Reductions
specific payment for cotton

and exclusions

concerning

the

crop

the farmer does not respect

Without prejudice to any reductions and exclusions to be
applied in accordance with Article 51 or 53, where it is
found that
the obligations
resulting from Article 171af(1) and (2) of Regulation (EC)
to the
No 1973/2004,
increase of the aid provided for in Article 110f(2) of Regu-
lation (EC) No 1782/2003. Moreover, the aid for cotton
per eligible hectare pursuant
to Article 110c shall be
reduced by the amount of the increase provided for in
Article 110f(2) of Regulation (EC) No 1782/2003 for
that farmer.’;

the farmer shall

lose the right

18. Article 63 is replaced by the following:

‘Article 63

Findings in relation to additional payment

As regards the additional payment to be granted for specific
types of farming or for quality production as provided for
in Article 69 of Regulation (EC) No 1782/2003 and the
additional payment provided for in Articles 119 and 133
of that Regulation, the Member States shall provide for
reductions and exclusions which shall,
in substance, be
equivalent to those provided for in this Title.’;

19.

in Article 64, the second paragraph is replaced by the
following:

In that case,

the aid application of

‘Where, in the case referred to in Article 22 of Regulation
(EC) No 1973/2004, the person concerned does not take
up production by the deadline for the application, the indi-
vidual reference quantity determined shall be deemed to be
zero.
the person
concerned for the year in question shall be refused. An
amount equal to the amount covered by the refused appli-
cation shall be off-set against aid payments under any of
the aid schemes established in Titles III and IV of Regu-
lation (EC) No 1782/2003 to which the person is entitled
in the context of applications he lodges in the course of the
calendar year following the calendar year of the finding.’;

20.

in Article 76, paragraph 1 is amended as follows:

(a) points (b) and (c) are replaced by the following:

Where it is found that the parcel on which the tobacco is
grown is different from the parcel
indicated in the culti-
vation contract, the aid to be paid to the farmer concerned
for the current harvest shall be reduced by 5 %.

‘(b)

the number of applications as well as the total area,
total number of animals and the total of quantities,
broken down by individual aid scheme;

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(c) the number of applications as well as the total area,
the total number of animals and the total of quan-
tities, covered by checks;’

(b) the second subparagraph is replaced by the following:

‘At the same time as the communication referred to in
the first subparagraph in respect of animal premiums
are sent to the Commission, Member States shall notify
the total number of beneficiaries who received aid
under aid schemes falling within the scope of the inte-
grated system and the results of the checks relating
to cross-compliance in accordance with Chapter III of
Title III.’

Article 2

Article 171ae of Regulation (EC) No 1973/2004 is replaced by
the following:

‘Article 171ae

Authorisation of inter-branch organisations

1.
Before 31 December each year, Member States shall
authorise for the following year any inter-branch cotton-
producing organisation that applies to plant cotton and
which:

(a) covers a total area of at least 10 000 ha as established
by the Member State and meeting the authorisation
criteria laid down in Article 171a, and which includes
at least one ginning undertaking;

(b) conducts clearly identified measure geared in particular

towards:

— improving the commercial value of the unginned

cotton produced,

— improving the quality of unginned cotton meeting

the ginner's needs,

(c) has adopted internal operating rules, in particular on:

— membership conditions and fees,

in accordance
with national and Community rules and regu-
lations;

— where appropriate, a scale differentiating the aid by
parcel category, established in particular on the
basis of the quality of the unginned cotton to be
supplied.

for 2006, Member States

However,
authorise
the inter-branch cotton-producing organisations by 28
February 2006.

shall

is found that an approved inter-branch
2. Where it
the criteria for approval
organisation does not respect
the Member State shall
in paragraph 1,
provided for
withdraw the approval unless
the
the non-respect of
criteria concerned is remedied within a reasonable period
of time. Where it is planned to withdraw the approval, the
Member State shall notify that intention to the inter-branch
organisation, together with the reasons for the withdrawal.
The Member State shall allow the inter-branch organisation
to submit its observations within a specified period. In case
of withdrawal, the Member States shall provide for the
application of appropriate sanctions.

Farmers who are members of an approved inter-branch
is withdrawn in accordance
organisation whose approval
lose their right to the
with the first subparagraph shall
increase of
the aid provided for in Article 110f (2) of
Regulation (EC) No 1782/2003.’

Article 3

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

— using environmentally-sensitive production methods;

It shall apply to aid applications relating to years or premium
periods starting as of 1 January 2006.

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

Done at Brussels, 23 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission