Commission Regulation (EU) No 738/2010 of 16 August 2010 laying down detailed rules on payments to German producer organisations in the hops sector

17.8.2010 EN Official Journal of the European Union L 216/11
COMMISSION REGULATION (EU) No 738/2010
of 16 August 2010
laying down detailed rules on payments to German producer organisations in the hops sector
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) and in particular Article 102a(3), in conjunction with Article 4 thereof,
Whereas:
(1) Article 102a(2) of Regulation (EC) No 1234/2007 as amended by Council Regulation (EC) No 72/2009 (2) provides for an annual payment to recognised German producer organisations in the hops sector. The amounts received by producer organisations should be used to finance measures adopted in order to achieve the aims referred to in Article 122(c) of Regulation (EC) No 1234/2007.
(2) So as to ensure the orderly management of the payments, Germany should adopt rules on the submission of applications by producer organisations, including deadlines, and ensure that all applications contain the information that is needed in order to allow the German competent authority to verify whether producer organisations are entitled to payments.
(3) In order to ensure that payments are made in a fair manner, the amounts to be paid to producer organisations should be calculated on a pro rata basis, linked to the eligible hops areas of their members.
(4) In order to ensure the efficient use of financial resources, payments made by the competent German payment agency should be committed within a reasonable period of time.
(5) In order to protect the financial interests of the European Union, no payments should be made before checks in respect of the eligibility criteria have been made. These control measures should involve administrative checking supplemented by on-the-spot controls. Amounts unduly paid should be recovered and sanctions should be determined in order to deter applicants from fraudulent behaviour and serious negligence.
(6) Article 63(1) of Council Regulation (EC) No 73/2009 (3) which has established common rules for direct support schemes for farmers under the common agricultural policy as well as certain support schemes for farmers has integrated the partially coupled payments in the hops sector into the single payments scheme from 1 January 2010. In order to ensure the continuity of payments, the first payment of the Union aid pursuant to Article 102a of Regulation (EC) No 1234/2007 and this Regulation should be made by 30 April 2011 at the latest.
(7) In order to facilitate the execution of the first payment, it is appropriate to allow the German competent authority to proceed, in the year preceding that payment, with the identification of the potential beneficiaries and the potentially eligible hop areas.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,