Commission Regulation (EC) No 447/2008 of 22 May 2008 amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD

23.5.2008 EN Official Journal of the European Union L 134/13
COMMISSION REGULATION (EC) No 447/2008
of 22 May 2008
amending Regulation (EC) No 883/2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by the paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 42(5) and (7) thereof,
Whereas:
(1) Article 4(3) of Commission Regulation (EC) No 883/2006 (2) provides that the summary of data (T103) provided for in paragraph 2(b) of that Article must also be sent to the Commission on paper. In view of developments in the procedures for the communication of information between the Member States and the Commission and the introduction of a single portal for operators to access the secure electronic systems used for the financing of the common agricultural policy, the requirement to send on paper is no longer necessary and may thus be abolished, especially in view of the administrative burden which it entails.
(2) Article 150(3) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) has been amended and now allows routine management expenditure for the EAGF to be committed in advance against the appropriations provided for the following financial year, up to a maximum of three quarters of the total corresponding appropriations for the current financial year. To take account of these new conditions applicable to advance commitments, Article 8(3) of Regulation (EC) No 883/2006 should be amended.
(3) In the case of the direct payments to be made from the 2007 financial year onwards, the amounts corresponding to the dairy premiums and the additional payments as referred to in Articles 95 and 96 of Council Regulation (EC) No 1782/2003 (4) to be granted to beneficiaries are included in the single payment scheme in accordance with Article 47(2) of Regulation (EC) No 1782/2003. Also, Commission Regulation (EC) No 188/2005 of 3 February 2005 laying down detailed rules for the application of the aid scheme for the meat sector in the outermost regions (5) has been repealed by Commission Regulation (EC) No 793/2006 (6). As a result, the amounts relating to the measures referred to above no longer have to be taken into account in calculating the ceiling on direct payments as provided for in Article 9(2)(b) of Regulation (EC) No 883/2006. However, that calculation must be adapted to take account of the provisions on voluntary modulation introduced by Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and amending Regulation (EC) No 1290/2005 (7).
(4) Regulation (EC) No 883/2006 should therefore be amended accordingly.
(5) The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds,