Proposal for a Council Regulation amending 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: 2008-05-08
Institutions: European Commission
Subjects: agricultural product, aid system, common agricultural policy, farmers' income, production aid

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.5.2008 
COM(2008) 247 final 

2008/0088 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1782/2003 establishing common rules for direct support 
schemes under the common agricultural policy and establishing certain support schemes 
for farmers 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Pursuant  to  Article  138  of  Council  Regulation  (EC)  No  1782/2003,  to  qualify  for 
direct  payments  an  animal  shall  be  identified  and  registered  in  accordance  with 
Regulation (EC) No 1760/2000. Pursuant to Article 7(1) second indent of Regulation 
(EC)  No 1760/2000, each keeper of animals shall report to the competent authority 
all  movements  to  and  from  the  holding  and  all  births  and  deaths  of  animals  on  the 
holding, along with the dates of these events, within a period fixed by the Member 
State of between three and seven days of the event occurring. 

The  aim  of  the  proposal  is  to  clarify  the  scope  of  the  obligation  of  identifying  and 
registering  the  animals  for  the  purpose  of  granting  the  beef  and  veal  payments,  by 
amending Article 138 of Regulation (EC) No 1782/2003. As a result of the proposed 
amendment,  an  animal  should  be  deemed  eligible  for  the  payment  where  the 
reporting  obligations  laid  down  in  Article  7(1)  second  indent  of  Regulation  (EC) 
No 1760/2000  have  been  eventually  complied  with  at  the  latest  at  the  time  of  the 
beginning of the animal's retention period. 

The scope of this amendment is limited to the purpose of establishing the eligibility 
for  the  payments.  This  amendment  does  not  alter  the  traceability  of  the  animals  as 
farmers  remain  obliged  to  comply  with  all  the  identification  and  registration 
requirements laid down in Regulation (EC) No 1760/2000. 

Since the reference period established for the management of the payments at stake is 
the  calendar  year,  this  amendment  should  be  applicable  as  from  1 January 2008  in 
order to apply to all those payments during the whole calendar year 2008. 

•  General context 

Article 68 of Regulation (EC) No 1782/2003 provides that, in case of beef and veal 
payments,  additional  payments  made  by  the  Member  States  to  farmers  shall  be 
granted  under  the  conditions  provided  for  in  Chapter 12  of  Title IV  of  that 
Regulation.  Article  138  of  the  same  Regulation  provides  that,  to  qualify  for  direct 
payments under Chapter 12 of Title IV, an animal shall be identified and registered 
in  accordance  with  Regulation  (EC)  No 1760/2000.  Article 7(1)  second  indent  of 
Regulation (EC) No 1760/2000 provides that each keeper of animals shall report to 
the  competent  authority  all  movements  to  and  from  the  holding  and  all  births  and 
deaths  of  animals  on  the  holding,  along  with  the  dates  of  these  events,  within  a 
period  fixed  by  the  Member  State  of  between  three  and  seven  days  of  the  event 
occurring. 

The simple fact that the date of any movement or of the birth or death of the animal 
is not reported to the competent authority within the period laid down in Regulation 
(EC)  No 1760/2000  should  not  automatically  disqualify  it  from  any  payment.  The 
beginning of the retention period of the animal is considered as the relevant time to 
check that the animal concerned is actually identified and registered for the purpose 
of  granting  the  payments  under  Chapter  12  of  Title  IV  of  Regulation  (EC) 
No 1782/2003. 

The  question  is  of  major  interest  for  the  Member  States  where  beef  and  veal 
payments  remain  fully  or  partially  coupled  in  accordance  with  Article 68  of 

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Regulation (EC) No 1782/2003. These Member States are uncertain about the basis 
for  granting  the  advance  of  the  payments  at  stake  they  have  to  pay  as  from 
16 October  2008.  The  risk  that  farmers  might  be  differently  treated  in  the  Member 
States  or  prevented  from  receiving  the  payment  in  such  circumstances  should  be 
brushed aside. 

•  Existing provisions in the area of the proposal 

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. 

Regulation  (EC)  No  1760/2000  of  the  European  Parliament  and  of  the  Council  of 
17 July  2000  establishing  a  system  for  the  identification  and  registration  of  bovine 
animals and regarding the labelling of beef and beef products and repealing Council 
Regulation (EC) No 820/97. 

•  Consistency with the other policies and objectives of the Union 

Not applicable. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 
•  Collection and use of expertise 

There was no need for consultation of interested parties or for external expertise. 

•  Impact assessment 
Not applicable. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 
The  aim  of  the  proposal  is  to  clarify  the  scope  of  the  obligation  of  identifying  and 
registering  the  animals  for  the  purpose  of  granting  the  beef  and  veal  payments,  by 
amending Article 138 of Regulation (EC) No 1782/2003. As a result of the proposed 
amendment,  an  animal  should  be  deemed  eligible  for  the  payment  where  the 
reporting  obligations  laid  down  in  Article  7(1)  second  indent  of  Regulation  (EC) 
No 1760/2000  have  been  eventually  complied  with  at  the  latest  at  the  time  of  the 
beginning  of  the  animal's  retention  period,  notwithstanding  identification  and 
registration requirements. Furthermore, since the reference period established for the 
management of the payments at stake is the calendar year, this amendment should be 
applicable as from 1 January 2008 in order to apply to all those payments during the 
whole calendar year 2008. 

•  Legal basis 

Article 37(2) of the Treaty establishing the European Community. 

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•  Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Community.  The 
subsidiarity principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle. 

•  Choice of instruments 

Proposed instrument: Council Regulation. 

Other means would not be adequate for the following reason: a Regulation must be 
amended by a Regulation. 

4. 

BUDGETARY IMPLICATIONS 

This measure does not involve any additional Community expenditure. The financing 
of  the  measure  concerned  was  foreseen  in  the  financial  statement  to  Commission 
proposal for the CAP reform, COM(2003) 23 final. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

Not applicable. 

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2008/0088 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending 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 COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 37 thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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Article  68  of  Council  Regulation  (EC)  No  1782/20033  provides  that,  in  the  case  of 
beef and veal payments, additional payments made by the Member States to farmers 
shall  be  granted  under  the  conditions  provided  for  in  Chapter 12  of  Title IV  of  that 
Regulation. 

Article  138  of  Regulation  (EC)  No  1782/2003  provides  that,  to  qualify  for  direct 
payments  under  Chapter  12  of  Title  IV  of  that  Regulation,  an  animal  has  to  be 
identified  and  registered  in  accordance  with  Regulation  (EC)  No 1760/2000  of  the 
European Parliament and of the Council of 17 July 2000 establishing a system for the 
identification  and  registration  of  bovine  animals  and  regarding  the  labelling  of  beef 
and beef products and repealing Council Regulation (EC) No 820/974. 

Article 7(1) second indent of Regulation (EC) No 1760/2000 provides that each keeper 
of  animals  has  to  report  to  the  competent  authority  all  movements  to  and  from  the 
holding  and  all  births  and  deaths  of  animals  on  the  holding,  along  with  the  dates  of 
these events, within a period fixed by the  Member State of between three and seven 
days of the event occurring. 

The  scope  of  the  obligation  laid  down  in  Article  138  of  Regulation  (EC) 
No 1782/2003  needs  however  to  be  clarified.  The  simple  fact  that  the  date  of  birth, 
death  or  of  any  movement  of  the  animal  is  not  reported  to  the  competent  authority 
within  the  period  referred  to  in  Article 7(1)  second  indent  of  Regulation  (EC) 
No 1760/2000 should not automatically disqualify it from any payment. The beginning 
of the animal's retention period should be considered as the relevant time to check that 

OJ C …, …, p. …. 
OJ C …, …, p. …. 
OJ  L  270,  21.10.2003,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No 146/2008  (OJ  L 46, 
21.2.2008, p. 1). 
OJ L 204, 11.8.2000, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 
20.12.2006, p. 1). 

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(5) 

(6) 

(7) 

the animal concerned is actually identified and registered for the purpose of granting 
the payments under Chapter 12 of Title IV of Regulation (EC) No 1782/2003.  

Article  138  of  Regulation  (EC)  No  1782/2003  should  therefore  be  amended 
accordingly. 

The scope of this amendment is limited to the purpose of establishing the eligibility for 
the payments. This amendment does not alter the traceability of the animals as farmers 
remain obliged to comply with all the identification and registration requirements laid 
down in Regulation (EC) No 1760/2000. 

The  obligation  laid  down  in  Article  138  of  Regulation  (EC)  No  1782/2003  should 
apply to all payments under Chapter 12 of Title IV of the said Regulation. Since the 
reference  period  established  for  the  management  of  those  payments  is  the  calendar 
year, this amendment should be applicable as from 1 January 2008 in order to apply to 
all the payments at stake during the whole calendar year 2008, 

HAS ADOPTED THIS REGULATION: 

Article 1 

In Article 138 of Regulation (EC) No 1782/2003, the following paragraph is added: 

“Nevertheless, an animal shall be deemed eligible for the payment where the information laid 
down in Article 7(1) second indent of Regulation (EC) No 1760/2000 has been reported to the 
competent authority at the time of the beginning of the animal's retention period.” 

Article 2 

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

It shall apply as from 1 January 2008. 

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

Done at Brussels,  

For the Council 
The President 

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