Commission Regulation (EC) No 1242/2007 of 24 October 2007 amending Regulation (EC) No 793/2006 laying down detailed rules for applying Council Regulation (EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the Union
Date: 2007-10-24
Institutions: European Commission
Subjects: aid system, aid to agriculture, application of EU law, peripheral region

25.10.2007

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Official Journal of the European Union

L 281/5

COMMISSION REGULATION (EC) No 1242/2007

of 24 October 2007

amending Regulation (EC) No 793/2006 laying down detailed rules for applying Council Regulation
(EC) No 247/2006 laying down specific measures for agriculture in the outermost regions of the
Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 247/2006 of
30 January 2006 laying down specific measures for agriculture
in the outermost regions of the Union (1), and in particular
Article 25 thereof,

Whereas:

(1)

(2)

(3)

(4)

In the light of the experience gained from the application
of Commission Regulation (EC) No 793/2006 (2)
it
appears that some provisions of that Regulation need
to be adapted.

Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for the appli-
cation of the system of import and export licences and
advance fixing certificates for agricultural products (3)
provides for the issuing and use of certificates using
computerised systems;
to this possibility
should be integrated in Regulation (EC) No 793/2006.

references

29

first

indent

The
of Regulation
of Article
(EC) No 793/2006 includes only the specific supply
arrangements which are to be paid at any time of the
year. Additional measures should be added in order to
ensure the proper functioning and the efficiency of the
programme.
It should therefore be made possible to
make payments at any time of the year for import and
supply of live animals as well as for the measures referred
to in Article 50 of that Regulation.

for

for
in

procedures

programmes
amendments
The
provided
Regulation
49
Article
(EC) No 793/2006 need to be more precise. It is appro-
priate to specify the rules for the submission of
the
requests for amendments to the overall programmes
and for their approval by the Commission, as well as

to
of

(1) OJ L 42, 14.2.2006, p. 1. Regulation as amended by Regulation

(EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).

(2) OJ L 145, 31.5.2006, p. 1. Regulation as amended by Regulation

(EC) No 852/2006 (OJ L 158, 10.6.2006, p. 9).

(3) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

the timing for their application. Due to budgetary rules,
the approved amendments should be implemented as
from 1 January of the year following the request for
amendment. Moreover,
there should be a distinction
between major amendments requiring approval by a
Commission Decision and minor amendments
that
should only be notified to the Commission for infor-
mation.

current wording of Article 50 of Regulation
The
(EC) No 793/2006 needs to be clarified in a more
precise way with reference to the relating Article of Regu-
lation (EC) No 247/2006.

regards

In order to ensure a smooth transition from the previous
arrangements applying until 2006 as regards the possi-
bility to make use of electronic certificates for
the
purposes of aid under the Specific Supply Arrangements
and as
the possibility to make payments
throughout the year for the import and supply of live
animals as well as for the measures referred to in Article
50 of Regulation (EC) No 793/2006, the amendments to
Articles 5(2), 7(2) and 29 should be applicable as from
the date on which the Commission has notified its
approval of
State's overall
programme in accordance with Article 24(2) of Regu-
lation (EC) No 247/2006.

relevant Member

the

Regulation (EC) No 793/2006 should therefore be
amended accordingly.

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

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 793/2006 is amended as follows:

1. In Article 5(2), the second subparagraph is replaced by the

following:

‘Articles 8(5), 13, 15, 17, 18, 19, 21, 23, 26, 27, 29 to 33
and 36 to 41 of Regulation (EC) No 1291/2000 shall apply,
mutatis mutandis, without prejudice to this Regulation.’;

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2. In Article 7(2), the second subparagraph is replaced by the

following:

Member State thereof and the amendment shall not apply
until the Commission receives an amendment that can be
declared as compliant.

‘Articles 8(5), 13, 15, 17, 18, 19, 21, 23, 26, 27, 29 to 33
and 36 to 41 of Regulation (EC) No 1291/2000 shall apply,
mutatis mutandis, without prejudice to this Regulation.’;

3. In Article 29, the first indent is replaced by the following:

‘— in the case of the specific supply arrangements, of the
measures of import and supply of live animals and of
the measures referred to in Article 50, throughout the
year,’;

4. Article 49 is replaced by the following:

‘Article 49

Amendments to programmes

1.
Amendments to the overall programmes approved
under Article 24(2) of Regulation (EC) No 247/2006 shall
be submitted to the Commission and shall be duly substan-
tiated, in particular giving the following information:

(a)

the reasons and any implementation problem justifying
amendment of the overall programme;

(b) the expected effects of the amendment;

(c)

implications

the
commitments.

for

financing and verification of

in cases of

force majeure or exceptional circum-
Except
for
submit
States
stances Member
programme amendments not more than once per calendar
year and per programme and no later than 30 September of
each year.

requests

shall

If the Commission raises no objections to the amendments
requested, those amendments shall apply from 1 January of
the year following that in which they were notified.

Such amendments may apply earlier if
the Commission
confirms in writing to the Member State before the date
referred to in the third subparagraph that
the notified
amendments comply with Community legislation.

the notified

If
Community legislation,

amendment

does not

the Commission shall

comply with
inform the

By way of derogation from paragraph 1,

2.
the
following amendments, the Commission shall evaluate the
Member States’ proposals and decide on their approval
within four months of
in
accordance with the procedure referred to in Article 26(2)
of Regulation (EC) No 247/2006:

their submission at

the latest

for

(a)

the introduction of new measures or aid schemes into
the overall programme; and

(b) the increase of the unit level of support already approved
for each existing measure or aid scheme by more than
50 % of the amount applicable at the time when the
request for amendment is presented.

3. Member States
shall be authorised to make the
following amendments, without recourse to the procedure
set out in paragraph 1 provided that the amendments are
notified to the Commission:

(a)

in the case of forecast supply balances, changes in the
level of aid up to 20 % or changes in the
individual
the products concerned covered by the
quantities of
supply arrangements
the global
consequently,
amount of aid allocated to support each line of
products; and

and,

(b) in the case of Community support programmes for local
production, adjustments up to 20 % of the financial allo-
cation for each individual measure or adjustments up to
20 % of the unit amount of aid above or below the
amounts applicable at the time when the request for
amendment is presented;

following amendments

and
(c) amendments
descriptions
laid down in Council Regulation (EEC)
No 2658/87 (*) used to identify the products benefiting
from aid, as long as those amendments do not entail a
change of the products themselves.

to codes

Such amendments shall not apply before the date on which
they are received by the Commission. They may be imple-
mented only once a year except in cases of force majeure or
exceptional circumstances, of modification of the quantities
of the products covered by the supply arrangements and of
modification of
the
Common Customs Tariff codes as provided for in Regulation
(EEC) No 2658/87.

the statistical nomenclature and of

___________
(*) OJ L 256, 7.9.1987, p. 1.’

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5. Article 50 is replaced by the following:

Article 2

‘Article 50

Financing of studies, demonstration projects, training or
technical assistance measures

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

and

training

technical

required to finance studies, demonstration
The amount
projects,
assistance measures
provided for in a programme approved under Article 24(2)
of Regulation (EC) No 247/2006 for the purpose of im-
plementing that programme may not exceed 1 % of the
total amount of
financing allocated to each programme
under Article 23(2) of that Regulation.’

However, Articles 1(1), 1(2) and 1(3) shall apply for each
Member State concerned as from the date on which the
Commission has notified its approval of the relevant Member
State's overall programme in accordance with Article 24(2) of
Regulation (EC) No 247/2006.

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

Done at Brussels, 24 October 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission