Commission Regulation (EC) No 1914/2006 of 20 December 2006 laying down detailed rules for applying Council Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands
Modified by
Commission Regulation (EC) No 1273/2007of 29 October 2007amending Regulation (EC) No 1914/2006 laying down detailed rules for applying Council Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands, 32007R1273, October 30, 2007
Commission Regulation (EC) No 318/2009of 17 April 2009amending Regulation (EC) No 1914/2006 laying down detailed rules for applying Council Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands, 32009R0318, April 18, 2009
Commission Implementing Regulation (EU) No 666/2012of 20 July 2012amending Regulations (EC) No 2092/2004, (EC) No 793/2006, (EC) No 1914/2006, (EC) No 1120/2009, (EC) No 1121/2009, (EC) No 1122/2009, (EU) No 817/2010 and (EU) No 1255/2010 as regards the notification obligations within the common organisation of agricultural markets and the direct support schemes for farmers, 32012R0666, July 21, 2012
Commission Delegated Regulation (EU) No 178/2014of 6 November 2013supplementing Regulation (EU) No 229/2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands, 32014R0178, March 4, 2014
Commission Regulation (EC) No 1914/2006of 20 December 2006laying down detailed rules for applying Council Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islandsTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1405/2006 of 18 September 2006 laying down specific measures for agriculture in favour of the smaller Aegean islands and amending Regulation (EC) No 1782/2003OJ L 265, 26.9.2006, p. 1., and in particular Article 14 thereof,Whereas:(1)In view of the changes introduced by Regulation (EC) No 1405/2006 and the experience gained, and in the interests of legislative simplification, Commission Regulations (EEC) No 2837/93 of 18 October 1993 laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 with regard to the maintenance of olive groves in traditional olive-growing areasOJ L 260, 19.10.1993, p. 5. Regulation as last amended by Regulation (EC) No 2384/2002 (OJ L 358, 31.12.2002, p. 124)., (EEC) No 2958/93 of 27 October 1993 laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 as regards the specific arrangements for the supply of certain agricultural productsOJ L 267, 28.10.1993, p. 4. Regulation as last amended by Regulation (EC) No 1820/2002 (OJ L 276, 12.10.2002, p. 22)., (EC) No 3063/93 of 5 November 1993 laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 with regard to the aid scheme for the production of honey of specific qualityOJ L 274, 6.11.1993, p. 5. Regulation as last amended by Regulation (EC) No 780/2002 (OJ L 123, 9.5.2002, p. 32)., (EC) No 3175/94 of 21 December 1994 laying down detailed rules of application for the specific arrangements for the supply of cereal products to the smaller Aegean islands and establishing the forecast supply balanceOJ L 335, 23.12.1994, p. 54. Regulation as last amended by Regulation (EC) No 2119/2005 (OJ L 340, 23.12.2005, p. 20)., (EC) No 1517/2002 of 23 August 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 introducing specific measures for the smaller Aegean islands, as regards the cultivation of certain agricultural products, potatoes for human consumption and seed potatoesOJ L 228, 24.8.2002, p. 12., (EC) No 1999/2002 of 8 November 2002 laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 as regards the specific aid arrangements for the smaller Aegean Islands in respect of vineyardsOJ L 308, 9.11.2002, p. 11., and (EC) No 2084/2004 of 6 December 2004 derogating from Regulation (EEC) No 2837/93 as regards the period for paying the aid to maintain olive groves in traditional olive-growing areas in the smaller Aegean islandsOJ L 360, 7.12.2004, p. 19., should be repealed and replaced by a single Regulation laying down rules for applying Regulation (EC) No 1405/2006.(2)Detailed implementing rules should be laid down for the specific supply arrangements and the measures to assist local agricultural products, both provided for in Regulation (EC) No 1405/2006.(3)Detailed rules should be laid down for fixing the amount of the aid for the supply of products under the specific supply arrangements. Such rules should take account of the additional costs of supply to the smaller Aegean islands due to their remote and insular nature, which constitute a burden that severely handicaps them.(4)The aid scheme for the supply of products under the specific supply arrangements should be managed by means of a certificate, called an "aid certificate", using the import licence form.(5)Management of the specific supply arrangements requires the introduction of detailed rules on the issue of the aid certificate which derogate from the normal rules applicable to import licences under Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural productsOJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7)..(6)Management of the specific supply arrangements must allow two objectives to be pursued. First, it should promote the rapid issue of certificates, particularly by no longer requiring a security to be lodged beforehand in all cases, and the rapid payment of aid for supplies of products. Second, it should guarantee the control and monitoring of operations and provide the administrative authorities with the instruments they need to ascertain that the objectives of the scheme are being attained, those being to secure a regular supply of certain agricultural products and to offset the effects of the geographical situation of the smaller Aegean islands by ensuring that the advantages of the scheme are actually passed on to the stage at which the products destined for the end-users are placed on the market.(7)One of those instruments consists in registering operators pursuing an economic activity under the specific supply arrangements. Registered operators are entitled to benefit from the arrangements, provided they meet the obligations laid down in the Community and national rules. Applicants should be entitled to registration provided that they meet a certain number of objective requirements designed to facilitate administration of the scheme.(8)The detailed rules for the administration of the specific supply arrangements must ensure that, within the framework of the quantities laid down in the forecast supply balances, registered operators obtain a certificate for the products and quantities involved in the commercial transactions which they carry out on their own account, on presentation of documents certifying that the operation is genuine and that the application for a certificate is in order.(9)Monitoring of operations qualifying under the specific supply arrangements requires, inter alia, proof to be furnished that the supply operation covered by the certificate has been carried out in a short time-span, and the transfer of the rights and obligations conferred on the holder of the certificate in question to be prohibited.(10)The benefits granted in the form of Community aid must be passed on so that they are reflected in production costs and in the prices paid by the end-users. Checks are therefore needed to ensure that the benefits are actually passed on.(11)Regulation (EC) No 1405/2006 lays down that products covered by the specific supply arrangements may be exported to third countries or dispatched to the rest of the Community only under certain conditions to be set up. Detailed rules should be laid down accordingly. In particular, it is expedient to lay down the maximum quantities of processed products which may be the subject of traditional exports or consignments.(12)In order to protect consumers and the commercial interests of operators, products which are not of sound and fair marketable quality, within the meaning of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural productsOJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5)., should be excluded from the specific supply arrangements no later than the time when they are first placed on the market and appropriate steps should be taken where this requirement is not met.(13)The competent authorities should lay down the detailed administrative rules needed to ensure the management and monitoring of the specific supply arrangements. Moreover, to ensure that the arrangements are properly monitored, rules are needed to specify the checks to be carried out. Administrative penalties to ensure the smooth functioning of the mechanisms implemented should therefore be specified.(14)In order to be able to assess how the arrangements are being implemented, the competent authorities should be required to report to the Commission at regular intervals.(15)The coverage of aid applications and the documents to be attached with a view to assessing their justification should be specified for each aid scheme directed at local production.(16)It should be possible to amend at any time aid applications containing manifest errors.(17)The deadlines for submitting and amending aid applications must be complied with to enable the national authorities to programme and subsequently carry out effective checks on the correctness of applications for aid for local production. Time limits should therefore be fixed beyond which submissions can no longer be accepted. Moreover, a reduction should be applied to encourage beneficiaries to respect the time limits.(18)Beneficiaries should be allowed to withdraw their applications for aid for local production or parts thereof at any time provided that the competent authority has not yet informed the beneficiary grower of any errors contained in the aid application or announced an on-the-spot check which reveals errors in the part concerned by the withdrawal.(19)Compliance with the rules on aid schemes managed under the integrated administration and control system should be effectively monitored. To this end, the criteria and technical procedures for carrying out administrative and on-the-spot checks should be set out in detail. Where appropriate, Greece should strive to combine the various checks under this Regulation with those provided for under other Community provisions.(20)The minimum number of beneficiaries to undergo on-the-spot checks under the various aid schemes should be determined.(21)The sample for the minimum rate of on-the-spot checks should be selected partly on the basis of a risk analysis and partly at random. The main factors to be taken into consideration for the risk analysis should be specified.(22)Where significant irregularities are found, the rate of on-the-spot checks should be increased during the current and following years in order to attain an acceptable level of assurance that the aid applications concerned are correct.(23)For on-the-spot checks to be effective it is important for the inspectors to be informed of the reasons why the beneficiaries concerned have been selected for an on-the-spot check. Greece should keep records of such information.(24)In order to enable the national authorities and any competent Community authority to follow up on-the-spot checks carried out, the details of checks should be recorded in an inspection report. Beneficiaries or their representatives should be given the opportunity to sign the report. However, in the case of remote-sensing checks, Greece should be allowed to provide for this right only in cases where the check reveals irregularities. Moreover, irrespective of the kind of on-the-spot check carried out, the beneficiary should receive a copy of the report if irregularities are found.(25)To protect the Community's financial interests effectively, adequate measures should be adopted to combat irregularities and fraud.(26)Reductions and exclusions should be determined having regard to the principle of proportionality and the special problems arising in cases of force majeure, exceptional circumstances and natural disasters. Such reductions and exclusions should be graded according to the gravity of the irregularity committed and should go as far as the total exclusion from one or more aid schemes for local production for a specified period.(27)As a general rule, reductions and exclusions should not be applied where beneficiaries have submitted factually correct information or can otherwise show that they are not at fault.(28)Beneficiaries who notify the competent national authorities at any time of incorrect aid applications should not be the subject of reductions or exclusions, irrespective of the reason for the incorrectness, provided the beneficiary grower concerned has not been informed of the competent authority's intention to carry out an on-the-spot check and provided the authority has not already informed the beneficiary of any irregularity in the application.(29)Reductions and exclusions provided for under this Regulation should be applied without prejudice to additional penalties under any other provisions of national law.(30)Beneficiaries who are unable to fulfil the obligations provided for under the detailed rules for implementing the programmes as a consequence of force majeure or exceptional circumstances should not lose their entitlement to the aid.(31)In order to ensure uniform application of the principle of good faith throughout the Community, where unduly paid amounts are recovered, the conditions under which that principle may be invoked should be laid down without prejudice to the treatment of the expenditure concerned in the context of the clearance of accounts.(32)As a general rule, Greece should take any further measures necessary to ensure that this Regulation is properly implemented.(33)Where appropriate, the Commission should be informed of any measures taken by Greece to implement the aid schemes provided for in this Regulation. In order to enable the Commission to monitor effectively, Greece should regularly send it certain statistics on the aid schemes.(34)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,HAS ADOPTED THIS REGULATION: