Council Regulation (EC) No 1009/2008 of 9 October 2008 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: 2008-10-09
Institutions: Council of the European Union
Subjects: EU control, agricultural census, aid system, aid to agriculture, beef, cattle, common agricultural policy, database, labelling

17.10.2008

EN

Official Journal of the European Union

L 276/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 1009/2008

of 9 October 2008

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,

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.

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

Article 68 of Regulation (EC) No 1782/2003 (2) 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 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
the
1760/2000 of
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 (3).

the European Parliament and of

The second indent of Article 7(1) 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

(1) Opinion delivered on 8 July 2008 (not yet published in the Official

Journal).

(2) OJ L 270, 21.10.2003, p. 1.
(3) OJ L 204, 11.8.2000, p. 1.

(4)

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
the second indent of Article 7(1) of Regulation (EC) No
1760/2000 should not automatically disqualify it from
any payment. The beginning of the animal’s retention
period may also be considered as an appropriate 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.

(5)

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

(6)

(7)

The scope of this amendment is limited to the purpose
of establishing eligibility for 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 2008 calendar
year,

L 276/2

EN

Official Journal of the European Union

17.10.2008

HAS ADOPTED THIS REGULATION:

Article 1

the animal’s retention period, as determined in
in
procedure

day of
accordance
with
Article 144(2) of this Regulation.’.

referred

the

to

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

Article 2

‘Nevertheless, an animal shall also be deemed eligible for the
payment where the information laid down in the second
indent of Article 7(1) of Regulation (EC) No 1760/2000
has been reported to the competent authority on the first

This Regulation shall enter into force on the day of its publi­
cation 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 Luxembourg, 9 October 2008.

For the Council
The President

D. BUSSEREAU