Commission Regulation (EC) No 319/2008 of 7 April 2008 amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme 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, and Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003
Date: 2008-04-07
Institutions: European Commission
Subjects: aid system, aid to agriculture, common agricultural policy, production aid

8.4.2008

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 319/2008

of 7 April 2008

amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the
single payment scheme 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, and Regulation (EC) No 796/2004 laying down detailed rules
for the implementation of cross-compliance, modulation and the integrated administration and
control system provided for in Council Regulation (EC) No 1782/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Furthermore, following the amendments of the rules of
cross-compliance introduced by Articles 1(1) and 1(2) of
Regulation (EC) No 146/2008, Commission Regulation
(EC) No 796/2004 (3) needs to be adapted.

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
and
(EC) No
amending
(EC)
1452/2001,
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 Article 145(c), (m) and (n) thereof,

certain
Regulations
(EC) No 1453/2001,

(EC) No 1454/2001,

for
2019/93,

(EEC) No

schemes

support

farmers

Whereas:

(1)

for

common rules

Article 44(3) of Regulation (EC) No 1782/2003 provided
that farmers had to keep at their disposal for a period of
at
least 10 months the parcels corresponding to the
eligible hectares. Council Regulation (EC) No 146/2008
of 14 February 2008 amending Regulation (EC) No
1782/2003 establishing
direct
support schemes under the common agricultural policy
and establishing certain support schemes for farmers and
Regulation (EC) No 1698/2005 on support
for rural
development by the European Agricultural Fund for
Rural Development (EAFRD), amended Article 44(3) of
Regulation (EC) No 1782/2003 to empower the Member
States to set the date when the parcels should be at the
farmers’ disposal. Following this change,
the detailed
provisions contained in Article 24(2) of Commission
Regulation (EC) No 795/2004 (2) on the implementation
of the requirement for farmers to keep the parcels at
least 10 months are no longer
their disposal
needed. Article 24(2) of
that Regulation should
therefore be deleted. In addition, Article 26(2) of that
Regulation needs to be adapted accordingly.

for at

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).

(3)

(4)

Rules which in certain cases require a follow up by the
competent authority that a remedial action has been
taken by the farmers have been introduced. In order to
avoid any weakening of the control system, in particular
it should be
as to the samples for on-the-spot checks,
clarified that such follow up cases should not be taken
into account when establishing the minimum control
sample.

to apply any
Furthermore, where the possibility not
reduction for minor non-compliances or not to apply
reductions amounting to EUR 100 or less, as provided
for
in Articles 6(3) or 7(2) of Regulation (EC) No
1782/2003, is applied by a Member State, rules should
to undertake the
fail
be established where farmers
remedial action required from them.

(5)

Regulations (EC) No 795/2004 and (EC) No 796/2004
should be amended accordingly.

(6)

the possibility not

The introduction of
to apply any
reduction for minor non-compliances or not to apply
reductions amounting to EUR 100 or less is applicable
as of 1 January 2008. Hence, amendments provided for
in this Regulation should concern aid applications
relating to years or premium periods starting as of
1 January 2008. This Regulation should therefore apply
as of 1 January 2008. However,
the new provisions
concerning the liability of farmers in respect of non-
compliance in case of
land apply from
1 April 2008. Therefore, the corresponding amendment
of Regulation (EC) No 796/2004 should also apply from
that date.

transfer of

(2) OJ L 141, 30.4.2004, p. 1. Regulation as last amended by Regu-

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

lation (EC) No 1522/2007 (OJ L 335, 20.12.2007, p. 27).

lation (EC) No 145/2008 (OJ L 44, 20.2.2008, p. 9).

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Official Journal of the European Union

8.4.2008

(7)

(EC) No

1975/2006

of Council Regulation

of
Commission Regulation
7 December 2006 laying down detailed rules for the
implementation
(EC) No
1698/2005, as regards the implementation of control
procedures as well as cross-compliance in respect of
a
rural development
reference
to a provision of Regulation (EC) No
796/2004 which should be deleted by the present Regu-
lation. For the sake of legal certainty, it is appropriate to
the said provision remains valid for the
clarify that
purposes of applying Regulation (EC) No 1975/2006,
until a later decision is taken through the appropriate
legislative procedure.

support measures (1)

contains

(8)

The Management Committee for Direct Payments has not
delivered an opinion within the time limit set by its
chairman,

HAS ADOPTED THIS REGULATION:

Article 1

‘2.
The farmer shall be informed of any determined non-
compliance within three months after the date of the on-the-
spot check.

Unless the farmer has taken immediate remedial action
putting an end to the non-compliance found in the sense
of Article 7(2) of Regulation (EC) No 1782/2003, the farmer
shall be informed that
remedial action shall be taken
pursuant to that provision within the time limit set in the
first subparagraph.

Where a Member State makes use of the possibility not to
apply a reduction or exclusion as provided for in Article 6(3)
of Regulation (EC) No 1782/2003, the farmer concerned
shall be informed, at the latest within one month after it
is decided not to apply the reduction or exclusion of the
payment, that remedial action shall be taken.’

Regulation (EC) No 795/2004 is amended as follows:

3. In Article 65, paragraph 2 is deleted, subject to Article 3 of

this Regulation.

1. In Article 24, paragraph 2 is deleted.

2. In Article 26(2), the first subparagraph is replaced by the

following:

4. In Article 66,

the following paragraphs 2a and 2b are

inserted:

‘The Member State shall define the region referred to in
paragraph 1 at the latest one month before the date fixed
by the Member State pursuant to Article 44(3) of Regulation
(EC) No 1782/2003.’

‘2a. Where a Member State makes use of the possibility
not to apply a reduction or exclusion as provided for in
Article 6(3) of Regulation (EC) No 1782/2003 and the
farmer has not
remedied the situation within a given
deadline, the reduction or exclusion shall be applied.

Article 2

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

1. In Article 44, the following paragraph 1a is inserted:

The deadline shall be set by the competent authority and
shall not be later than the end of the year following the one
in which the finding was made.

‘1a. When establishing the minimum control rate referred
to in paragraph 1 of this Article, the actions required in
Article 6(3) or in the third subparagraph of Article 7(2) of
Regulation (EC) No 1782/2003 shall not be taken into
account.’

2b. Where a Member State makes use of the possibility to
consider a case of non-compliance as minor, as provided for
in the second and third subparagraphs of Article 7(2) of
Regulation (EC) No 1782/2003, and the farmer has not
remedied the situation within a given deadline, a reduction
shall be applied.

2. In Article 48, paragraph 2 is replaced by the following:

(1) OJ L 368, 23.12.2006, p. 74. Regulation as last amended by Regu-

lation (EC) No 1396/2007 (OJ L 311, 29.11.2007, p. 3).

The deadline shall be set by the competent authority and
shall not be later than the end of the year following the one
in which the finding was made.

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The non-compliance in question shall not be considered as
minor and a reduction of at least 1 % as provided for in
paragraph 1 shall be applied.

remains valid for the purposes of application of Article 22(1) of
Regulation (EC) No 1975/2006.

Furthermore, a non-compliance which has been considered
as minor and which has been remedied by the farmer within
the time limit set in the first subparagraph shall not be
considered as
the purpose of
paragraph 4.’

a non-compliance

for

Article 4

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

its publication in the Official

Journal of

5. In Article 74, paragraph 7 is deleted.

Article 3

It shall apply to aid applications relating to years or premium
periods starting from 1 January 2008.

Article 65(2) of Regulation (EC) No 796/2004, as laid down
before its deletion by Article 2, point (3) of this Regulation,

However, point (3) of Article 2 shall apply as of 1 April 2008.

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

Done at Brussels, 7 April 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission