Commission Regulation (EC) No 1175/2008 of 27 November 2008 amending and correcting Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
Date: 2008-11-27
Institutions: European Commission
Subjects: EU financing arrangements, administrative check, aid to agriculture, management audit, rural development

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1175/2008

of 27 November 2008

amending and correcting Regulation (EC) No 1974/2006 laying down detailed rules for the
application of Council Regulation (EC) No 1698/2005 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1698/2005 of
20 September 2005 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD) (1)
and in particular Article 91 thereof,

Whereas:

(1)

(2)

(3)

Regulation (EC) No 1698/2005 established a single legal
for rural development
framework for EAFRD support
throughout
the Community. Commission Regulation
(EC) No 1974/2006 (2) complemented that framework
by introducing detailed implementing rules.

Article 57(2) of Regulation (EC) No 1974/2006 gives
details on the implementation of Article 88 of Regulation
(EC) No 1698/2005 regarding the application rules on
State aids in cases of financial contributions provided by
Member States as counterpart of Community support
and Article 89 of Regulation (EC) No 1698/2005
regarding additional national funding outside the scope
of Article 36 of the Treaty. It is appropriate to include
certain measures relating to forestry in this Article.
Moreover, point 9.B of Annex II to Regulation (EC) No
1974/2006 should be amended accordingly.

Article 63(8) of Regulation (EC) No 1974/2006 provides
details on the exchange of data between the Commission
and the Member States in cases of force majeure or excep­
tional circumstances, and in particular of malfunctioning
of the system or a lack of a lasting connection. In order
to make full use of available technical tools it is practical
to allow the submission of documents by other appro­
priate electronic means in addition to the submission of
hard copies.

No 1974/2006. Regarding the conversion rate for ‘other
poultry’ a typing error occurred. In order to take into
account the specificities of certain poultry it should be
made possible to increase that conversion rate. Annex V
should therefore be adapted.

(5)

(6)

(7)

the beneficiaries of

Article 44a of Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agri­
cultural policy (3) obliges Member States
to ensure
annual ex-post publication of
the
European Agricultural Guarantee Fund (EAGF) and of
the European Agricultural Fund for Rural Development
(EAFRD) and the amounts received by the beneficiary
these Funds. Commission Regulation
under each of
(EC) No 259/2008 of 18 March 2008 laying down
detailed rules for the application of Council Regulation
(EC) No 1290/2005 as regards the publication of infor­
mation on the beneficiaries of funds deriving from the
European Agricultural Guarantee Fund (EAGF) and the
European Agricultural Fund for Rural Development
(EAFRD) (4) provides rules as regards the content, form
and date of the publication of information on benefi­
ciaries. The second subparagraph of point 2.1 in Annex
VI to Regulation (EC) No 1974/2006 establishes certain
responsibilities for the Managing Authority to publish
information about
the beneficiaries receiving support
from rural development programmes. In order to avoid
overlapping provisions on the same subject matter it is
appropriate to delete the second subparagraph of point
2.1 in Annex VI to Regulation (EC) No 1974/2006.

Regulation (EC) No 1974/2006 should be amended
accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Rural Development
Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1974/2006 is amended as follows:

(4)

Annex V of Regulation (EC) No 1974/2006 fixes the
conversion rates of
as
animals
referred to in Article 27(13) of Regulation (EC)

to livestock units

1. Article 57(2) is replaced by the following:

(1) OJ L 277, 21.10.2005, p. 1.
(2) OJ L 368, 23.12.2006, p. 15.

(3) OJ L 209, 11.8.2005, p. 1.
(4) OJ L 76, 19.3.2008, p. 28.

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of

88

Article

Regulation

‘2.
Rural development programmes may cover State aid
intended to provide financial contributions provided by
in
Member States as counterpart of Community support
accordance with
(EC)
No 1698/2005 in favour of measures pursuant to Articles
25, 43 to 49 and 52 of that Regulation and of operations
under measures pursuant to Articles 21, 24, 28, 29 and 30
of
funding in
accordance with Article 89 of that Regulation in favour of
the measures pursuant to Articles 25, 27, 43 to 49 and 52
of
that Regulation and of operations under measures
pursuant to Articles 21, 24, 28, 29 and 30 of that Regu­
lation, falling outside the scope of Article 36 of the Treaty,
only if the State aid is identified in accordance with point
9.B of Annex II to this Regulation.’;

that Regulation or

additional national

documents to the Commission in hard copy or by other
appropriate electronic means. Such submission shall require
the prior and formal agreement of the Commission.

Once the cause of force majeure or exceptional circumstance
preventing use of the System ceases, the Member State shall
input the documents concerned into the System.
In this
event, the date of sending shall be deemed to be the date
of submission of the documents in hard copy or by other
appropriate electronic means.’;

3. Annexes II, V and VI are amended in accordance with the

Annex to this Regulation.

2. In Article 63, paragraph 8 is replaced by the following:

Article 2

‘8.
In cases of force majeure or exceptional circumstances,
and in particular of malfunctioning of the System or a lack
of a lasting connection, the Member State may submit the

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

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

Done at Brussels, 27 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

The Annexes II, V and VI to Regulation (EC) No 1974/2006 are amended as follows:

(1) In Annex II, the first subparagraph of point 9 B is replaced by the following:

‘For the measures pursuant to Articles 25, 27 (for the latter only for additional national funding referred to in
Article 89 of Regulation (EC) No 1698/2005), 43 to 49 and 52 of Regulation (EC) No 1698/2005 and operations
under the measures pursuant to Articles 21, 24, 28, 29 and 30 of that Regulation which fall outside the scope of
Article 36 of the Treaty, either:

— indicate whether support will be granted in respect of Commission Regulation (EC) No 1998/2006 (*); or

— list the registration number and the reference to the Commission exemption Regulation adopted on the basis of

Regulation (EC) No 994/98 under which the measure was introduced; or

— provide the case number and reference number under which the measure has been declared compatible with the

Treaty by the Commission; or

— indicate for what other reasons the aid scheme concerned shall constitute existing aid within the meaning of
Article 1(b) of Regulation (EC) No 659/1999 including existing aid measures within the meaning of the Accession
Treaties.
___________
(*) OJ L 379, 28.12.2006, p. 5.’

(2) In Annex V the row referring to ‘other poultry’ is replaced by the following:

‘Other poultry (*)

0,03 LU

(*) This conversion rate may be increased taking into account of scientific evidence to be explained and duly justified in the rural

development programmes.’

(3) In the Annex VI, the second subparagraph of point 2.1 is deleted.