Commission Regulation (EC) No 2801/1999 of 21 December 1999 amending Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes

• Published date: 31 December 1999
• Subject Matter: Information and verification,Agricultural structures
• Official Gazette Publication: Official Journal of the European Communities, L 340, 31 December 1999

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Commission Regulation (EC) No 2801/1999 of 21 December 1999 amending Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes

Official Journal L 340 , 31/12/1999 P. 0029 - 0037

COMMISSION REGULATION (EC) No 2801/1999

of 21 December 1999

amending Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes(1), as last amended by Regulation (EC) No 1036/1999(2), and in particular Article 12 thereof,

Whereas

(1) The decisions adopted on the reform of the common agricultural policy necessitate changes to the integrated administration and control system (hereinafter called "integrated system").

(2) In the light of experience gained with the application of the integrated system it is necessary to provide general rules that are equally applicable in all Member States.

(3) Economic operations are increasingly being performed electronically; Member States should be offered the opportunity to adopt national provisions permitting aid applications under the integrated system to be submitted electronically.

(4) If on-the-spot checks reveal significant irregularities, Article 6(3) of Commission Regulation (EEC) No 3887/92(3), as last amended by Regulation (EC) No 1678/98(4), stipulates that additional checks must be made during the current year. If Member States use remote sensing to carry out checks they should ensure that the additional checks are carried out by means of traditional on-the-spot checks, if it is no longer possible to do so by remote sensing during that year.

(5) In order to complete the information contained in control reports, provision should be made for the results of parcel measurements to be included.

(6) In order for the Commission to monitor the integrated system, each Member State must send its annual control statistics containing specific information.

(7) Rules have to be established laying down who is entitled to the aid in certain cases where a holding is transferred.

(8) This amendment provides an opportunity to improve the clarity of the Regulation by introducing a number of clarifications and rewordings. Those amendments are restricted to a minimum so as not to burden those national administrations familiar with the integrated system with unnecessary alterations.

(9) Regulation (EEC) No 3887/92 should therefore be amended accordingly.

(10) The Committee for the European Agricultural Guidance and Guarantee Fund has not delivered an opinion within the time limit laid down by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3887/92 is amended as follows:

1. Article 2 is amended as follows:

(a) paragraph 4 shall read as follows: "4. Member States may decide not to grant any aid if the amount per aid application does not exceed EUR 50."

(b) Paragraph 5 is deleted.

2. Article 4 is amended as follows:

(a) the introductory sentences of the third subparagraph of paragraph 1 are replaced by the following: "Uses not falling within the scope of the integrated system shall be declared under one or more 'other uses' headings. However, the following uses shall be declared separately:";

(b) the second and third indent of the third subparagraph of paragraph 1 are replaced by the following: "- support pursuant to agri-environment (Title II, Chapter VI and Article 55(3) of Council Regulation (EC) No 1257/1999(5)),

- area-based afforestation support (Title II, Chapter VIII and Article 55(3) of Regulation (EC) No 1257/1999);"

(c) paragraph 2(a) is replaced by the following: "2. (a) After the time limit for its submission the 'area' aid application may be amended provided that the competent authority receives the amendments not later than the date laid down for sowing in, or fixed in accordance with Council Regulation (EC) No 1251/1999(6) and that the following conditions are respected:

(i) where agricultural parcels are concerned, amendments may be made only in particular cases that are properly documented, in particular death, marriage, purchase or sale or conclusion of a tenancy contract. Member States shall determine the conditions applying thereto. However, a set-aside or forage area parcel may not be added to parcels already declared except in cases which are duly justified under the provisions concerned and on condition that the parcel has already been accounted for as set-aside or forage area in the aid application of another farmer, the latter application being corrected accordingly;

(ii) changes of use or aid scheme shall be permitted. However, a parcel may not be added to parcels declared as set aside.

By derogation from the first subparagraph and even after the date laid down for sowing in, or fixed in accordance with Regulation (EC) No 1251/1999, a Member State may authorise that an area be withdrawn from the 'area' aid application. The amendment must be notified in writing before any communication is made by the competent authority with regard either to the results of the administrative controls which affect the parcels in question or to the organisation of an on-the-spot check of the holding concerned."

(d) The first indent of paragraph 5 is replaced by the following two indents: "- the special premium for male bovine animals and/or the suckler cow premium who are exempted from the stocking rate requirement and do not apply for extensification premium,

- the slaughter premium in accordance with Article 11 of Council Regulation (EC) No 1254/1999(7);"

(e) Paragraph 6 is replaced by the following "6. The 'area' aid application of a producer who is a member of a producer group as defined in Article 1(2) of Council Regulation (EEC) No 3493/90 (4), and who for the same calendar year applies for both the ewe or she-goat premium and for aid under another Community scheme shall include all the agricultural parcels used by the group. In such cases the forage area shall be assigned to the producers concerned in proportion to their individual limits as specified in Article 6 of Council Regulation (EC) No 2467/98(8), valid on 1 January of the year concerned."

3. Article 5 is amended as follows:

(a) The sixth indent of the first subparagraph of paragraph 1 is replaced by the following: "- where applicable, the individual milk reference quantity allocated to the producer on 31 March preceding the beginning of the 12-month period of application of the additional levy scheme starting in the calendar year concerned; where this quantity is unknown on the date on which the application is submitted, it shall be notified to the competent authority at the earliest opportunity."

(b) The second subparagraph of paragraph 1 is replaced by the following: "The Member State may decide that some of this information need not be included in the aid application, where that information has already been communicated to the competent authority. The Member States may also provide that some of this information can or shall be forwarded via a body or bodies approved by the Member State.

However, the applicant shall remain responsible for the transmitted data in relation to the competent authority. The Member State shall provide that the farmer has the possibility for redress if incorrect or incomplete data are transmitted, provided that the applicant is not at fault."

(c) Paragraph 2 is deleted.

(d) Paragraph 1 becomes the only paragraph.

4. The following Article is inserted after Article 5: "Article 5a

Member States may permit, with appropriate safeguards, applications within the meaning of Articles 4 and 5 to be submitted by electronic transmission. In this event, appropriate measures shall be taken to ensure that:

(a) all the requirements referred to in Articles 4 and 5 are met and the applicant is unambiguously identified;

(b) all the necessary accompanying documents are received by the competent authorities within the same time limits as in the case of applications submitted via traditional channels;

(c) there is no discrimination between producers using traditional channels and those opting for electronic transmission;

(d) the financial interests of the European Community within the meaning of Article 8 of Council Regulation (EC) No 1258/1999(9) are adequately safeguarded."

5. Article 5a becomes Article 5b and is amended as follows: "Article 5b

Without prejudice to Articles 4, 5 and 5a, an aid application may be adjusted at any time after its submission, in cases of obvious errors recognised by the competent authority."

6. Article 6 is amended as follows:

(a) paragraph 2 is replaced by the following: "2. The administrative checks referred to in Article 8(1) of Regulation (EEC) No 3508/92 shall include in particular:

(a) cross-checks on declared parcels and animals in order to ensure that the same aid is not granted more than once in respect of the same calendar/marketing year and to prevent any undue cumulation of aid granted under Community aid schemes involving declarations of areas;

(b) once the computerised database is fully operational in accordance with Article 5 of Council Regulation (EC) No 820/97(10), cross-checks with a view to ensuring that Community aid is granted only for bovine animals for which the births, movements and deaths have been duly notified to the competent authority...