1. in Article 4, the reference "Article 3(1)(b), (b)a and (c)" is replaced by "Article 3(1)(b) and (c)"; 2. in Article 32, paragraph 3 is replaced by the following: "3. The following obligations shall constitute subordinate requirements for collectors and first processors within the meaning of Article 20 of Regulation (EEC) No 2220/85: (a) the obligation to take delivery of the relevant quantities of raw materials, as delivered by applicants in accordance with Article 27(3); (b) the obligation to sign the declaration of delivery referred to in Article 27(2); (c) the obligation, where applicable, to lodge a security within the time limit set up in Article 31(1).";
3. in Article 33(1), the following subparagraph is added: "The Member State may decide to permit applicants to use defined agricultural raw materials other than those provided for in point (a) of the first subparagraph provided that all appropriate control measures are complied with." 4. Article 37 is amended as follows: (a) paragraph 3 is replaced by the following: "3. Member States shall set up a procedure of controls of the approval of the operators before the list referred to in paragraph 6 is published."; (b) in paragraph 4, the first sentence is replaced by the following: "Where it is found that an approved operator fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where a collector or first processor does not accept or facilitate the on-the-spot checks to be performed by the competent authorities and/or does not provide the information referred to in Article 38, Member States shall provide for the application of appropriate penalties."; (c) paragraph 5 is replaced by the following: "5. If an approved operator, as a result of a serious negligence, fails to comply with the provisions of this Chapter or with the national provisions, a Member State may decide to withdraw its approval for a period to be determined by that Member State."; (d) paragraph 7 is replaced by the following: "7. If a Member State decides to apply paragraph 1, the aid shall be paid only to applicants who have concluded contracts with approved collectors or processors provided those are also established in a Member State which has decided to apply paragraph 1.";
5. in Article 39(3), the reference to "Article 32(2)" is replaced by the reference to "Article 32"; 6. in Article 136, "Article 30(3)" is deleted; 7. in Article 138(2), the first subparagraph is replaced by the following: "Where differences between the area declared and the area determined result from irregularities committed intentionally, the aid to which the farmer would have been entitled shall not be granted for the calendar year in question if that difference is more than 0,5 % of the area determined or more than one hectare."; 8. in Article 144, point (c) is replaced by the following: "(c) "first processor" means any user of agricultural raw materials, except applicants using raw materials on the holding, who undertakes the first processing thereof with a view to obtaining one or more of the products referred to in Annex XXIII to this Regulation.";
9. Article 146 is replaced by the following: "Article 146 Derogations 1. Notwithstanding Article 145(2) and (3), Member States may permit applicants to: (a) use all the cereals or oilseeds covered by CN codes 12010090 ,12051090 ,12059000 ,12060091 and12060099 harvested:(i) as fuel for heating their agricultural holding; (ii) for the production on the holding of power or biofuels;
(b) process into biogas falling within CN code 27112900 , on their holdings, all raw materials harvested.
The Member State may decide to permit applicants to use defined agricultural raw materials other than those provided for in point (a) of the first subparagraph providing that all appropriate control measures are complied with. 2. In the cases referred to in paragraph 1, applicants shall undertake, by way of a declaration in place of the contract referred to in Article 147, to use or process directly the raw material covered by the declaration. Articles 147 to 164 shall apply mutatis mutandis. 3. Member States applying paragraph 1 shall introduce adequate control measures to ensure that the raw material is used directly on the holding or is processed into biogas falling within CN code 27112900 .";10. Article 147 is amended as follows: (a) paragraph 1 is replaced by the following: "1. In support of the single application and by the date provided for in Article 11 of Regulation (EC) No 796/2004, applicants shall submit to their competent authorities a copy of the contract concluded with a collector or first processor. However, Member States may decide that the contract may only be concluded between an applicant and a first processor."; (b) paragraph 3 is deleted.;
11. in Article 155(1), point (b) is replaced by the following: "(b) a copy of the contract has been deposited with the applicant’s competent authority in accordance with Article 147(1) and the conditions referred to in Article 145(1) have been fulfilled.";
12. in Article 157, paragraph 1 is deleted; 13. in Article 158, paragraph 1 is replaced by the following: "1. Collectors or first processors shall lodge a security as provided for in paragraph 2 of this Article with their competent authorities by the final date for the amendments to the payment applications for the year in question in the Member State concerned, as referred to in Article 15(2) of Regulation (EC) No 796/2004. However, Member States may waive the requirement of a security under the conditions set up in Article 5 of Regulation (EEC) No 2220/85."; 14. Article 159 is amended as follows: (a) in paragraph 1, point (c) is deleted; (b) in paragraph 2, point (b) is deleted;
15. in Chapter 16, Section 8 is replaced by the following: "SECTION 8 Optional system of approval Article 160 Optional system of approval 1. By way of derogation from Article 158, Member States may decide to set up a system of approval of collectors and first processors (hereinafter "approved operators"). Member States shall make available to public the decision referred to in the first subparagraph by 1 November of the year preceding its application. Save as otherwise provided in this Section, the provisions of this Chapter shall apply to the Member States having decided to apply the first subparagraph. 2. Where a Member State has decided to apply paragraph 1, it shall adopt the necessary provisions and take the necessary measures to ensure that the provisions of this Chapter are complied with. In particular, Member States shall lay down conditions for approval of the operators ensuring that at least the following criteria are met: (a) for collectors: (i) have the administrative capacities for operating as a collector and performing the record keeping referred to in Article 163; (ii) have a contractual relationship with at least one processor for the delivery of raw materials or have carried on trading activities for a sufficient period;
(b) for first processors: (i) have the administrative capacities for operating as a first processor and the administrative capacities for performing the record keeping referred to in Article 163; (ii) have the appropriate production capacities for the production of at least one end-product intended for non-food purposes as listed in Annex XXIII.
3. Member States shall set up a procedure of controls of the approval of the operators before the list referred to in paragraph 6 is published. 4. Where it is found that an approved operator fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where a collector or first processor does not accept or facilitate the on-the-spot checks to be performed by the competent authorities and/or does not provide the information referred to in Article 163, Member States shall provide for the application of appropriate penalties. The amount of the penalties shall be calculated in the light of the seriousness of the infringement and proportionally to the securities forfeited for non-compliance with the requirements as set up in Article 159. 5. If an approved operator, as a result of a serious negligence, fails to comply with the provisions of this Chapter or with the national provisions, a Member State may decide to withdraw its approval for a period to be determined by that Member State. 6. Before 15 December of the year prior to the year in respect of which the aid is granted, each Member State shall make available to the public a list of approved collectors and first processors. 7. If a Member State decides to apply paragraph 1, the aid shall be paid only to applicants who have concluded contracts with approved collectors or processors provided those are also established in a Member State which has decided to apply paragraph 1."; 16. Annex XX and Annex XXI are replaced by the text in Annex to this Regulation.
Commission Regulation (EC) No 993/2007 of 27 August 2007 amending and correcting Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials
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