Commission Regulation (EC) No 1266/2008 of 16 December 2008 amending 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 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers
Date: 2008-12-16
Institutions: European Commission
Subjects: aid system, aid to agriculture, common agricultural policy, farmers' income, production aid, standardised accounting system, viticulture

L 338/34

EN

Official Journal of the European Union

17.12.2008

COMMISSION REGULATION (EC) No 1266/2008

of 16 December 2008

amending 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 establishing common rules for direct support schemes
under the common agricultural policy and establishing certain support schemes for farmers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

single application form, unless the competent authorities
are already disposing of this information.

Having regard to the Treaty
Community,

establishing the European

(4)

(5)

(6)

(7)

(8)

support

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
and
establishing
(EC) No
amending
1452/2001,
(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 (1),
and in particular Article 145(c), (j), (k), (l), (m), (n), (na) and (p)
thereof,

certain
Regulations
(EC) No 1453/2001,

(EC) No 1454/2001,

for
2019/93,

(EEC) No

schemes

farmers

Whereas:

(1)

(2)

(3)

introduces

in particular

Council Regulation (EC) No 479/2008 of 29 April 2008
on the common organisation of the market in wine,
(EC) No
amending Regulations (EC) No 1493/1999,
1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and
repealing Regulations (EEC) No 2392/86 and (EC) No
1493/1999 (2)
for
restructuring and conversion, green harvesting and
grubbing up in the wine sector. At the same time it
establishes that farmers receiving payment under those
measures have to comply with cross-compliance obli­
gations referred to in Articles 3 to 7 of Regulation
the detailed rules
(EC) No 1782/2003. Therefore,
concerning the
cross-compliance
provided for
in Commission Regulation (EC) No
796/2004 (3) should apply to those farmers. Conse­
quently, the title of that Regulation should be amended.

implementation of

support

Articles 20 and 103 of Regulation (EC) No 479/2008
introduce cross-compliance obligations for support in the
wine sector which should apply during a defined period
from payment. The starting point of these obligations
should be clarified.

For the application of cross-compliance obligations, the
farmer should declare all area on the holding. Hence,
farmers who only apply for support measures covered
by cross-compliance pursuant to Articles 20 and 103
of Regulation (EC) No 479/2008 and no other direct
payments should be obliged to declare on a yearly
the holding in a
basis all

their agricultural area of

(1) OJ L 270, 21.10.2003, p. 1.
(2) OJ L 148, 6.6.2008, p. 1.
(3) OJ L 141, 30.4.2004, p. 18.

for

farmers

receiving direct
The existing provisions
payments concerning non-declaration of all
the agri­
cultural areas and delayed submission of applications
do not apply to farmers claiming for support measures
under the wine reform. There is a need to implement
claiming for
provisions which would lead farmers
support measures under the wine reform to submit a
single application form and to declare all
their agri­
cultural areas. Hence,
if a beneficiary under the wine
reform ignores the provision to submit a single appli­
cation form or does not declare all his agricultural areas,
the payments should be reduced.

should

obligations

The minimum control rate for the respect of cross-
compliance
for
farmers subject to cross-compliance in the wine sector
according to Articles 20 and 103 of Regulation (EC) No
rules under cross-
479/2008. Following the current
compliance, that control rate should be fixed at 1 % of
farmers concerned.

established

be

for

provided

The selection of the control sample for cross-compliance
obligations
in Regulation (EC) No
796/2004, with regard to the application of Articles 20
and 103 of Regulation (EC) No 479/2008 should, to
ensure an appropriate control, be made from the popu­
lation of farmers subject to the said Articles.

Regulation (EC) No 1782/2003 clarifies the rules on
liability under cross-compliance particularly in the case
of transfer of land during the calendar year concerned.
Those rules should also apply to the farmer who submits
an application for support pursuant to Articles 11, 12
and 98 of Regulation (EC) No 479/2008, on a yearly
basis.

The rules for reductions in the case of non-compliance
should also apply to payments as defined in Articles 11,
12 and 98 of Regulation (EC) No 479/2008 in the
In the case where the
calendar year of
support measures for the wine sector are not granted
on a yearly basis, a specific provision for the calculation
of the amount to be reduced should be provided for.
This should take into account the number of years in
which the cross-compliance obligations apply.

the finding.

17.12.2008

EN

Official Journal of the European Union

L 338/35

(9)

Regulation (EC) No 796/2004 should therefore be
amended accordingly.

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The title of Regulation (EC) No 796/2004 is replaced by

the following:

‘Commission Regulation (EC) No 796/2004 of 21 April
2004 laying down detailed rules for the implementation
of cross-compliance, modulation and the integrated admin­
istration and control system provided for in Council Regu­
lation (EC) No 1782/2003 establishing common rules for
direct support schemes under the common agricultural
policy and establishing certain support
for
farmers, as well as
the implementation of cross-
compliance provided for in Regulation (EC) No 479/2008’.

schemes

for

2. Article 1 is replaced by the following:

‘Article 1

Scope

This Regulation lays down the detailed rules for the im­
plementation of cross-compliance, modulation and the
integrated administration and control system (hereinafter
“the integrated system”), established by Title II of Regu­
lation (EC) No 1782/2003, and for the implementation
of cross-compliance according to Articles 20 and 103 of
Council Regulation (EC) No 479/2008 (*).
shall be
without prejudice to specific provisions laid down in the
Regulations covering the individual aid schemes.

It

___________
(*) OJ L 148, 6.6.2008, p. 1.’

3. In Article 2, the following second paragraph is inserted

after the first paragraph:

‘For the purposes of the application of the cross-compliance
obligations within the meaning of Articles 20 and 103 of
Regulation (EC) No 479/2008, “from payment” shall mean
as from the 1 January of the year following the calendar
year in which the first payment was granted.’

4. In Article 11, paragraph 1 is replaced by the following:

‘1.
A farmer applying for aid under any of the area-
related aid schemes may only submit one single application
per year.

A farmer who does not apply for aid under any of the area-
related aid schemes but applies for aid under another aid
scheme listed in Annex I to Regulation (EC) No 1782/2003
or for support pursuant
to Articles 11, 12 and 98 of
Regulation (EC) No 479/2008, shall submit a single appli­
cation form if he has agricultural area as defined in
Article 2(a) of Regulation (EC) No 795/2004 at his
disposal
list these areas in accordance
in which he shall
with Article 14 of this Regulation.

A farmer who is only subject to cross-compliance obli­
gations in accordance with Articles 20 and 103 of Regu­
lation (EC) No 479/2008 shall submit a single application
form in each calendar year in which those obligations
apply.

However, Member States may exempt farmers from the
obligations provided for in the second and third subpara­
graphs where the information concerned is made available
to the competent authorities in the framework of other
administration and control systems that guarantee compati­
bility with the integrated system in accordance with
Article 26 of Regulation (EC) No 1782/2003.’

5. In Article 14(1a), the following subparagraph is added:

to cross-compliance obligations

‘The first subparagraph shall also, where the farmer is
in accordance
subject
with Articles 20 and 103 of Regulation (EC) No
479/2008, apply to payments provided for under Articles
11, 12 and 98 of that Regulation. The percentage of the
reduction shall apply to the total amount to be paid divided
by the number of years referred to in Articles 20 and 103
of the same Regulation.’

6. In the first subparagraph of Article 44(1), the following

second sentence is added:

‘The competent control authority shall also, with regard to
the requirements and standards for which it is responsible,
carry out checks on at least 1 % of all farmers subject to
cross-compliance obligations according to Articles 20 and
103 of Regulation (EC) No 479/2008 in the calendar year
in question and for which the competent control authority
in question is responsible.’

7. Article 45 is amended as follows:

(a)

In paragraph 1, the following subparagraph is added:

‘Without prejudice to Article 44(1) a Member State may
decide to select farmers receiving direct payments and
farmers
obligations
according to Articles 20 and 103 of Regulation (EC)
No 479/2008 under the same risk analysis.’

cross-compliance

subject

to

L 338/36

EN

Official Journal of the European Union

17.12.2008

(b) In paragraph 2, the following second sentence is added:

‘However, the sample referred to in the second sentence
the first subparagraph of Article 44(1) shall be
of
to the application of
selected from farmers subject
Articles 20 and 103 of Regulation (EC) No 479/2008
for the calendar year in question.’

(c) The first subparagraph of paragraph 3 is replaced by

the following:

‘3.
the
By way of derogation from paragraph 2,
samples of farmers to be checked in accordance with
Article 44 may be selected amongst the population of
farmers
support
submitting aid applications under
schemes for direct payments within the meaning of
Article 2(d) of Regulation (EC) No 1782/2003 and
amongst farmers subject to the application of Articles
20 and 103 of Regulation (EC) No 479/2008 and who
are under
relevant
the obligation to respect
requirements or standards.’

the

8. Article 65 is amended as follows:

subject

to cross-compliance obligations

‘5.
Except in cases of force majeure and exceptional
circumstances as referred to in Article 72, where a
farmer
in
accordance with Articles 20 and 103 of Regulation
(EC) No 479/2008 does not submit the single appli­
cation form within the time limit provided for in
Article 11 of this Regulation, a reduction of 1 % per
working day shall apply. The maximum reduction shall
be limited to 25 %. The reduction shall apply to the
total amount to be paid under payments provided for
under Articles 11, 12 and 98 of Regulation (EC) No
479/2008, divided by the number of years referred to
in Articles 20 and 103 of the same Regulation.’

9. In Article 66(1), the following subparagraph is added:

‘For the application of reduction to payments provided for
under Articles 11, 12 and 98 of Regulation (EC) No
479/2008 the percentage of the reduction applies to the
total amount to be paid, divided by the number of years
referred to in Articles 20 and 103 of that Regulation.’

(a) The following paragraph is inserted:

10. In Article 67(1), the following subparagraph is added:

of

are

the

the

For

purpose

application

‘2a.
of
Article 6(1) of Regulation (EC) No 1782/2003 to
farmers who
cross-compliance
subject
according to Articles 20 and 103 of Regulation (EC)
No 479/2008,
the submission of aid application
mentioned in Article 6(1) of Regulation (EC) No
1782/2003 shall mean the yearly submission of the
single application form.’

to

‘For the application of reduction to payments provided for
under Articles 11, 12 and 98 of Regulation (EC) No
479/2008, the percentage of the reduction applies to the
total amount to be paid, divided by the number of years
referred to in Articles 20 and 103 of that Regulation.’

Article 2

(b) The following paragraph is added:

This Regulation shall enter into force on 1 January 2009.

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

Done at Brussels, 16 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission