Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector
Modified by
- Commission Regulation (EU) No 146/2010of 23 February 2010amending Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector under the support scheme provided for the wine sector, 32010R0146, February 24, 2010
- Commission Regulation (EU) No 173/2011of 23 February 2011amending Regulations (EC) No 2095/2005, (EC) No 1557/2006, (EC) No 1741/2006, (EC) No 1850/2006, (EC) No 1359/2007, (EC) No 382/2008, (EC) No 436/2009, (EC) No 612/2009, (EC) No 1122/2009, (EC) No 1187/2009 and (EU) No 479/2010 as regards the notification obligations within the common organisation of agricultural markets and the direct support schemes for farmers, 32011R0173, February 24, 2011
- Commission Implementing Regulation (EU) No 1368/2011of 21 December 2011amending Regulation (EC) No 1121/2009 laying down detailed rules for the application of Council Regulation (EC) No 73/2009 as regards the support schemes for farmers provided for in Titles IV and V thereof, and Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector, 32011R1368, December 22, 2011
- 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 Implementing Regulation (EU) No 937/2012of 12 October 2012amending Regulations (EC) No 1122/2009 and (EU) No 65/2011 as regards the method for determining applicable interest on undue payments to be recovered from beneficiaries of the direct support schemes for farmers under Council Regulation (EC) No 73/2009, of support for rural development under Council Regulation (EC) No 1698/2005 and of support for the wine sector under Council Regulation (EC) No 1234/2007, 32012R0937, October 13, 2012
- Commission Implementing Regulation (EU) No 129/2013of 14 February 2013amending Regulation (EC) No 1121/2009 as regards the transitional national aid to be granted to the farmers in 2013 and Regulation (EC) No 1122/2009 as regards the reduction related to the voluntary adjustment of direct payments in 2013, 32013R0129, February 15, 2013
- Commission Implementing Regulation (EU) No 393/2013of 29 April 2013amending Regulations (EC) No 1120/2009 and (EC) No 1122/2009 as regards the eligibility criteria and the notification obligations concerning hemp varieties for the implementation of the direct support schemes for farmers, 32013R0393, April 30, 2013
- Commission Regulation (EU) No 426/2013of 8 May 2013adapting Regulations (EC) No 1120/2009, (EC) No 1121/2009 and (EC) No 1122/2009 as regards implementing rules for direct payment in Croatia, 32013R0426, May 9, 2013
- Commission Delegated Regulation (EU) No 640/2014of 11 March 2014supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance, 32014R0640, June 20, 2014
Corrected by
- Corrigendum to Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector, 32009R1122R(05), September 17, 2013
(1) "agricultural parcel" means a continuous area of land, declared by one farmer, which does not cover more than one single crop group; however, where a separate declaration of the use of an area within a crop group is required in the context of this Regulation, that specific use shall if necessary further limit the agricultural parcel; Member States may lay down additional criteria for further delimitation of an agricultural parcel; (2) "permanent pasture" means permanent pasture as defined in Article 2(c) of Regulation (EC) No 1120/2009 See Page 1 of this Official Journal. (3) "system for the identification and registration of bovine animals" means the system for the identification and registration of bovine animals established by Regulation (EC) No 1760/2000; (4) "ear tag" means the ear tag to identify animals individually referred to in Article 3(a) and Article 4 of Regulation (EC) No 1760/2000; (5) "computerised database for bovine animals" means the computerised database referred to in Article 3(b) and Article 5 of Regulation (EC) No 1760/2000; (6) "animal passport" means the animal passport referred to in Article 3(c) and Article 6 of Regulation (EC) No 1760/2000; (7) "register" means the register kept by the keepers of animals in accordance with Article 5 of Regulation (EC) No 21/2004 or Article 3(d) and Article 7 of Regulation (EC) No 1760/2000 respectively; (8) "elements of the system for the identification and registration of bovine animals" means the elements referred to in Article 3 of Regulation (EC) No 1760/2000; (9) "identification code" means the identification code referred to in Article 4(1) of Regulation (EC) No 1760/2000; (10) "irregularities" means any non-respect of the relevant rules for the granting of the aid in question; (11) "single application" means the application for direct payments in respect of the single payment scheme and other area-related aid schemes; (12) "area-related aid schemes" means the single payment scheme, area-related payments under specific support and all aid schemes established under Titles IV and V of Regulation (EC) No 73/2009, except those established under Sections 7, 10, and 11 of that Title IV, except the separate sugar payment established in Article 126 of that Regulation, except the separate fruit and vegetable payment established in Article 127 of that Regulation and except the separate soft fruit payment established in Article 129 of that Regulation; (13) "livestock aid application" means the applications for the payment of aid under the sheep and goat premiums scheme and the beef and veal payments schemes provided for in Sections 10 and 11 of Title IV, respectively, of Regulation (EC) No 73/2009 and livestock headage or livestock unit payments under specific support; (14) "specific support" means support referred to in Article 68 of Regulation (EC) No 73/2009; (15) "use" means the use of area in terms of the type of crop or ground cover or the absence of a crop; (16) "bovine aid schemes" means the aid schemes referred to in Article 108 of Regulation (EC) No 73/2009; (17) "ovine/caprine aid scheme" means the aid scheme referred to in Article 99 of Regulation (EC) No 73/2009; (18) "claimed bovine animals" means bovine animals subject to a livestock aid application under the bovine aid schemes or under specific support; (19) "unclaimed bovine animals" means bovine animals not yet subject to a livestock aid application but potentially eligible for aid under the bovine aid schemes; (20) "potentially eligible animal" means an animal that could a priori potentially fulfil the eligibility criteria for receiving the aid in the claim year in question; (21) "retention period" means the period during which an animal for which aid has been claimed has to be kept on the holding, as provided for in Article 35(3) and Article 61 of Commission Regulation (EC) No 1121/2009 OJ L 316, 2.12.2009, p. 27 .(22) "animal keeper" means any natural or legal person responsible for animals whether on a permanent or on a temporary basis, including during transportation or at a market; (23) "area determined" means the area for which all conditions laid down in the rules for granting the aid have been met; in the case of the single payment scheme, the area declared may be deemed as being determined only if it is actually being accompanied by a corresponding number of payment entitlements; (24) "animal determined" means an animal for which all conditions laid down in the rules for granting the aid have been met; (25) "premium period" means the period to which aid applications refer irrespective of the moment of their submission; (26) "geographical Information System" (hereinafter referred to as GIS) means the computerised geographical information system techniques referred to in Article 17 of Regulation (EC) No 73/2009; (27) "reference parcel" means a geographically delimited area retaining a unique identification as registered in the GIS in the Member State's identification system referred to in Article 15 of Regulation (EC) No 73/2009; (28) "geographical material" means maps or other documents used to communicate the contents of the GIS between the aid applicants and the Member State's; (29) "national coordinate reference system" means a system as defined in Directive 2007/2/EC of the European Parliament and of the Council OJ L 108, 25.4.2007, p. 1 .(30) "paying agency" means the authorities and bodies referred to in Article 8(1) of Regulation (EC) No 1290/2005; (31) "cross-compliance" means the statutory management requirements and the good agricultural and environmental condition in accordance with Articles 5 and 6 of Regulation (EC) No 73/2009; (32) "areas of cross-compliance" means the different areas of statutory management requirements within the meaning of Article 5(1) of Regulation (EC) No 73/2009 and the good agricultural and environmental condition in accordance with Article 6 of that Regulation; (33) "act" means each of the individual Directives and Regulations listed in Annex II to Regulation (EC) No 73/2009; (34) "standards" means the standards as defined by the Member States in accordance with Article 6 of Regulation (EC) No 73/2009 and Annex III thereto as well as the obligations in relation to permanent pasture as laid down in Article 4 of this Regulation; (35) "requirement", where this term is used in the context of cross-compliance, it means each individual statutory management requirement resulting from any of the Articles referred to in Annex II to Regulation (EC) No 73/2009 within a given act, differing in substance from any other requirements of the same act; (36) "non-compliance" means any non-compliance with the requirements and standards; (37) "specialised control bodies" means the national competent control authorities, as referred to in Article 48 of this Regulation, responsible, in accordance with the first subparagraph of Article 22(2) of Regulation (EC) No 73/2009, for ensuring compliance with the statutory management requirements and good agricultural and environmental condition; (38) "from payment" means, for the purposes of the cross-compliance obligations provided for in Articles 85t and 103z of Regulation (EC) No 1234/2007, as from 1 January of the year following the calendar year in which the first payment was granted.
(a) the land under permanent pasture shall be the land under permanent pasture declared by the farmers in 2003, plus the land under permanent pasture declared in 2005 in accordance with Article 14(1) of Regulation (EC) No 796/2004 and that has not been declared for any use other than grassland in 2003, unless the farmer can demonstrate that such land was not under permanent pasture in 2003. Areas declared in 2005 as land under permanent pasture and that in 2003 were eligible for the arable crops area payment in accordance with Article 1(3) of Council Regulation (EC) No 1251/1999 OJ L 160, 26.6.1999, p. 1 .Land that was under permanent pasture in 2003 and that has been afforested in accordance with the third subparagraph of Article 6(2) of Regulation (EC) No 73/2009 shall be discounted; (b) The total agricultural area shall be the total agricultural area declared by the farmers in 2005.
(a) the land under permanent pasture shall be the land under permanent pasture declared by the farmers in 2004, plus the land under permanent pasture declared in 2005 in accordance with Article 14(1) of Regulation (EC) No 796/2004 and that has not been declared for any use other than grassland in 2004, unless the farmer can demonstrate that such land was not under permanent pasture in 2004. Areas declared in 2005 as land under permanent pasture and that in 2004 were eligible for the arable crops area payment in accordance with Article 1(3) of Regulation (EC) No 1251/1999 shall be discounted. Land that was under permanent pasture in 2004 and that has been afforested in accordance with the third subparagraph of Article 6(2) of Regulation (EC) No 73/2009 shall be discounted; (b) the total agricultural area shall be the total agricultural area declared by the farmers in 2005.
(a) the land under permanent pasture shall be the land under permanent pasture declared by the farmers in 2005 in accordance with Article 14(1) of Regulation (EC) No 796/2004. Land that was under permanent pasture in 2005 and that has been afforested in accordance with the third subparagraph of Article 6(2) of Regulation (EC) No 73/2009 shall be discounted; (b) the total agricultural area shall be the total agricultural area declared by the farmers in 2005.
(a) the land under permanent pasture shall be the land under permanent pasture declared by the farmers in 2007 in accordance with Article 14(1) of Regulation (EC) No 796/2004. Land that was under permanent pasture in 2005 and that has been afforested in accordance with the third subparagraph of Article 6(2) of Regulation (EC) No 73/2009 shall be discounted; (b) the total agricultural area shall be the total agricultural area declared by the farmers in 2007.
(a) the land under permanent pasture shall be the land under permanent pasture declared by the farmers in 2013 in accordance with Article 13(8) of this Regulation. Land that was under permanent pasture in 2013 and that has been afforested in accordance with the third subparagraph of Article 6(2) of Regulation (EC) No 73/2009 shall be discounted; (b) the total agricultural area shall be the total agricultural area declared by the farmers in 2013.
(a) the correct quantification of the maximum eligible area; (b) the proportion and distribution of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account; (c) the categorisation of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account; (d) the occurrence of reference parcels with critical defects; (e) the ratio of declared area in relation to the maximum eligible area inside the reference parcels; (f) the percentage of reference parcels which have been subject to change, accumulated over the years; (g) the rate of irregularities determined during on-the-spot checks.
(a) use data allowing to assess the current situation on the ground; (b) select an adequate random sample of all reference parcels.
(a) holder; (b) value; (c) date of establishment; (d) date of last activation; (e) origin, in particular with regard to its attribution, original or national reserve, purchase, lease, inheritance; (f) kind of entitlement, in particular special entitlements provided for in Article 44 of Regulation (EC) No 73/2009, payment entitlements from the special national de-mining reserve in Croatia provided for in Article 57a(10) of Regulation (EC) No 73/2009, entitlements allocated in accordance with Article 68(1)(c) of Regulation (EC) No 73/2009 and payment entitlements subject to a derogation as provided for in Article 64(2) of Regulation (EC) No 73/2009; (g) where applicable, regional restrictions.
(a) where the competent control authority is not the paying agency, the transfer of the necessary information concerning the farmers applying for direct payments from the paying agency to the specialised control bodies and/or, where applicable, via the coordinating authority referred to in Article 20(3) of Regulation (EC) No 73/2009; (b) the methods to be applied for the selection of control samples; (c) indications with regard to the nature and extent of the checks to be carried out; (d) control reports containing in particular any detected non-compliance and an assessment of its severity, extent, permanence and repetition; (e) where the competent control authority is not the paying agency, the transfer of the control reports from the specialised control bodies either to the paying agency or the coordinating authority referred to in Article 20(3) of Regulation (EC) No 73/2009 or both; (f) the application of the system of reductions and exclusions by the paying agency.
(a) the identity of the farmer; (b) the aid scheme or schemes concerned; (c) the identification of the payment entitlements in accordance with the identification and registration system provided for in Article 7 for the purposes of the single payment scheme; (d) particulars permitting identification of all agricultural parcels on the holding, their area expressed in hectares to two decimal places, their location and, where applicable, their use and whether the agricultural parcel is irrigated; (e) a statement by the farmer that he is aware of the conditions pertaining to the aid schemes in question.
(a) all information required for the identification of the parcels sown in hemp, indicating the varieties of seed used; (b) an indication as to the quantities of the seeds used (kg per hectare); (c) the official labels used on the packaging of the seeds in accordance with Council Directive 2002/57/EC OJ L 193, 20.7.2002, p. 74 .
(a) a copy of the growing contract or growing declaration; however, Member States may provide that that copy may be submitted by a later date which shall not be later than 15 September; (b) an indication of the species of seed sown on each parcel; (c) an indication of the quantity of certified seed produced, expressed in quintals to one decimal point; however, Member States may provide that that information may be submitted by a later date which shall not be later than 15 June of the year following the harvest; (d) a copy of the supporting documents showing that the quantities of seed referred to have been officially certified; however, Member States may provide that that information may be submitted by a later date which shall not be later than 15 June of the year following the harvest.
(a) the name of the variety of cotton seed used; (b) where appropriate, the name and address of the approved inter-branch organisation of which the farmer is a member.
(a) the identity of the farmer; (b) a reference to the single application if it has already been submitted; (c) the number of animals of each type in respect of which any aid is applied for and, for bovines, the identification code of the animals; (d) where applicable, an undertaking by the farmer to keep the animals referred to in point (c) on his holding during the retention period and information on the location or locations where the animals will be held including the period or periods concerned; (e) where applicable, the individual limit or individual ceiling for the animals concerned; (f) where applicable, the individual milk reference quantity available to the farmer on 31 March or, if the Member State concerned decides to make use of the derogation provided for in Article 85 of Regulation (EC) No 1121/2009, on 1 April of 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; (g) a statement by the farmer that he is aware of the conditions pertaining to the aid in question.
(a) in accordance with the provisions applicable to the aid scheme in question, the starting and end dates of the relevant retention periods are clearly identified and known to the farmer; (b) the farmer is aware that any potentially eligible animals found not to be correctly identified or registered in the system for the identification and registration for bovine animals shall count as animals found with irregularities as referred to in Article 65 of this Regulation.
(a) the identity of the farmer; (b) a statement by the farmer that he is aware of the conditions pertaining to the aid in question.
(a) the identity of the farmer; (b) a statement by the farmer that he is aware of the conditions pertaining to the aid in question; (c) where appropriate, any supporting documents needed to establish the eligibility for the measure concerned.
(a) the identity of the mutual fund; (b) documentation of the event triggering the compensation payments made to the affiliated farmers; (c) the dates when the compensation payments to affiliated farmers have occurred; (d) the identity of the affiliated farmers benefiting from the compensation payment made by the fund; (e) the total amount of the compensation paid; (f) a statement by the mutual fund that it is aware of the conditions pertaining to the aid in question.
(a) the farmer is unambiguously identified; (b) the farmer complies with all requirements under the aid scheme concerned; (c) the transmitted data is reliable in view of the proper management of the aid scheme concerned; where use is made of the data contained in the computerised database for bovine animals, that database shall offer the level of assurance and implementation necessary for the proper management of the aid schemes involved; (d) where accompanying documents cannot be transmitted electronically, such documents are received by the competent authorities within the same time limits as in the case of transmission by non-electronic means; (e) there is no discrimination between farmers using non-electronic means of submission and those opting for electronic transmission.
(a) on declared payment entitlements and on declared parcels, respectively, in order to avoid undue multiple granting of the same aid in respect of the same calendar or marketing year and to prevent any undue accumulation of aid granted under area-related aid schemes listed in Annexes I and VI to Regulation (EC) No 73/2009; (b) on the payment entitlements to verify their existence and the eligibility for aid; (c) between the agricultural parcels as declared in the single application and the reference parcels as contained in the identification system for agricultural parcels to verify the eligibility for aid of the areas as such; (d) between the payment entitlements and the area determined in order to verify that the entitlements are accompanied by an equal number of eligible hectares as defined in Article 34(2) of Regulation (EC) No 73/2009; (e) by means of the computerised database for bovine animals, to verify eligibility for the aid and to avoid undue multiple granting of the same aid in respect of the same calendar year; (f) between the agricultural parcels as declared in the single application and plots subjected to official examination that have been found to comply with the requirements of Article 87(1) of Regulation EC (No) 73/2009; (g) between the agricultural parcels as declared in the single application and the parcels authorised for cotton production by the Member State in accordance with Article 89 of Regulation (EC) No 73/2009; (h) between the declarations of the farmer in the single application to be a member of an approved inter-branch organisation, the information under Article 13(5)(b) of this Regulation and the information transmitted by the approved inter-branch organisations concerned, to verify eligibility for the increase of the aid provided for in Article 92(2) of Regulation (EC) No 73/2009; (i) between the information provided in the delivery contract referred to in Article 94 of Regulation (EC) No 73/2009 and the information on deliveries provided by the sugar manufacturer.
(a) the eligibility conditions for specific support are fulfilled; (b) there is no double financing through other community schemes; (c) there is no overcompensation to farmers as regards financial contributions provided for in Articles 70(3) and 71(7) of Regulation (EC) No 73/2009 and, (d) when applicable, supporting documents have been submitted and that they are proving the eligibility.
(a) the minimum control rate of 30 % or 20 % of the areas declared for the production of hemp as referred to in Article 39 of Regulation (EC) No 73/2009. Where a Member State has already introduced a system of prior approval for such cultivation and has already notified the Commission of its detailed rules and conditions linked to that system prior to the entry into force of Regulation (EC) No 796/2004, any amendments to those detailed rules or conditions shall be notified to the Commission without undue delay; (b) 5 % of all farmers applying for aid under the bovine aid schemes, headage payments or livestock unit payments for bovine animals under specific support or specific support based on the individual milk quota determined in accordance with Article 65 of Regulation (EC) No 1234/2007 or specific support based on the actual production of milk. However, where the computerised database for bovine animals does not offer the level of assurance and implementation necessary for the proper management of the aid schemes involved the percentage shall be increased to 10 %. Those on-the-spot checks shall also cover at least 5 % of all animals per aid scheme for which aid is applied for; (c) 5 % of all farmers applying for aid under the ovine/caprine aid scheme and headage payments or livestock unit payments for ovine/caprine animals under specific support. Those on-the-spot checks shall also cover at least 5 % of all animals for which aid is applied for. However, where the computerised database for ovine/caprine animals provided for in Article 8 of Regulation (EC) No 21/2004 does not offer the level of assurance and implementation necessary for the proper management of the aid schemes involved, the percentage shall be increased to 10 % of the farmers; (d) 10 % of all farmers applying for specific support other than those referred to in paragraph 1 and points (b) and (c) of this paragraph, excluding the measure referred to in Article 68(1)(d) of Regulation (EC) No 73/2009; (e) 10 % of other services, bodies or organisations who provide evidence to verify the respect of eligibility criteria as referred to in Article 29(2). (f) 100 % of the mutual funds applying for support referred to in Article 68(1)(e) of Regulation (EC) No 73/2009; (g) as regards aid applications for the crop specific payment for cotton in accordance with Section 6 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, 20 % of the inter-branch organisations approved in accordance with Article 91 of that Regulation and of which farmers declare to be a member in their single applications; (h) as regards applications for the aid for sugar beet and cane producers provided for in Section 7 of Chapter 1 of Title IV of Regulation (EC) No 73/2009, concerning controls at the sugar manufacturers on the quantity quota sugar obtained from sugar beets and cane delivered in accordance with Article 94 of that Regulation, at least 5 % of the applicants delivering to the manufacturer concerned.
(a) by establishing the relevance of each risk factor; (b) by comparing the results of the risk based and randomly selected sample referred to in the second subparagraph of paragraph 1; (c) by taking into account the specific situation in the Member State.
(a) the aid schemes and applications checked; (b) the persons present; (c) the agricultural parcels checked, the agricultural parcels measured including, where applicable, the result of the measurements per measured agricultural parcel and the measuring methods used; (d) the number and type of animals found and, where applicable, the ear tag numbers, entries in the register and in the computerised databases for bovine and/or ovine/caprine animals and any supporting documents checked, the results of the checks and, where applicable, particular observations in respect of individual animals and/or their identification code; (e) whether notice was given to the farmer of the visit and, if so, the period of advance notification; (f) indications of any specific control measures to be carried out in the context of individual aid schemes; (g) indication of any further control measures carried out.
(a) perform photo interpretation of satellite images or aerial photographs of all agricultural parcels per application to be checked with a view to recognising the ground cover and measuring the area; (b) carry out physical inspections in the field of all agricultural parcels for which photo interpretation does not make it possible to verify the accuracy of the declaration to the satisfaction of the competent authority.
(a) checks at the level of the farmer applying for the aid: (i) on all parcels to verify the species or variety group of seeds sown on each parcel declared; (ii) on documents to verify at least the first destination of seed for which aid has been claimed; (iii) any checks deemed necessary by the Member States to ensure that aid is not paid with regard to uncertified seed or seed from third countries;
(b) if the first destination of the seed is a breeder or a seed establishment, additional checks at their premises to ensure that: (i) the seed has actually been bought and paid by the breeder or seed establishment in accordance with the growing contract; (ii) the payment of the seed is reflected in the financial accounts of the breeder or seed establishment; (iii) the seed has actually been marketed for sowing. For that purpose, physical and documentary checks of the stock and financial accounts of the breeder or seed establishment shall be carried out;
(c) where appropriate, checks at the level of the end users.
(a) the information in the delivery contracts provided by the farmer; (b) the correctness of the information on deliveries provided to the competent authority; (c) the certification of the weighting scales used for deliveries; (d) the results of the official laboratory analyses performed to determine the percentage of sucrose of the sugar beets and cane delivered.
(a) of the correctness of entries in the register and the notifications to the computerised database for bovine animals on the basis of a sample of supporting documents such as purchase and sales invoices, slaughter certificates, veterinary certificates and, where applicable, animal passports, in relation to animals for which aid applications were submitted in the six months prior to the on-the-spot check; however if anomalies are found, the check shall be extended to 12 months prior to the on-the-spot check; (b) that information held in the computerised database for bovine animals corresponds to the information given in the register on the basis of a sample in relation to animals for which aid applications were submitted in the six months prior to the on-the-spot check; however if anomalies are found the check shall be extended to 12 months prior to the on-the-spot check; (c) that all animals present on the holding and still kept under the retention obligation are eligible for the aid claimed; (d) that bovine animals are identified by ear tags, accompanied, where applicable, by animal passports and that they are recorded in the register and have been duly notified to the computerised database for bovine animals. The checks referred to under point (d) may be made on the basis of a sample.
(a) a check on the basis of the register that all the animals for which aid application were submitted have been kept on the holding throughout the retention period; (b) a check of the correctness of entries in the register in the six months prior to the on-the-spot check, based on a sample of supporting documents such as purchase and sales invoices and veterinary certificates covering the six months prior to the on-the-spot check; however if anomalies are found the check shall be extended to 12 months prior to the on-the-spot check.
(a) in at least 30 % of all slaughterhouses, selected on the basis of a risk analysis, in which case the checks shall cover a sample of 5 % of the total number of bovine animals which have been slaughtered in the slaughterhouse concerned during the 12 months prior to the on-the-spot check, or (b) in at least 20 % of the slaughterhouses which have been approved beforehand in accordance with particular criteria of reliability to be determined by the Member States and which are selected on the basis of a risk analysis, in which case the checks shall cover a sample of 2 % of the total number of bovine animals which have been slaughtered in the slaughterhouse concerned during the 12 months prior to the on-the-spot check.
(a) at the time of loading, it shall be verified that all bovine animals are identified by ear tags; furthermore, at least 10 % of the bovine animals so verified shall be checked individually with a view to verifying their identification; (b) at the time of the departure from the Community territory: (i) where an official customs seal has been applied to the means of transport, it shall be checked that the seal is undamaged; If the seal is undamaged a sample check shall only be carried out if there are doubts as to the regularity of the load; (ii) where no official customs seal has been applied to the means of transport or where a customs seal is damaged, at least 50 % of bovine animals that were individually checked at the time of loading shall be checked again.
(a) when controlling applications for payments by mutual funds as provided for in Article 68(1)(e) of Regulation (EC) No 73/2009, that: (i) farmers were effectively eligible to the compensation paid by the fund; (ii) the compensation was effectively paid to affiliated farmers in accordance with Article 71 of Regulation (EC) No 73/2009;
(b) when checking on-the-spot investment operations to be supported under specific support provided for in Article 68 of Regulation (EC) No 73/2009, that the investment has been realised.
(a) use the results of on-the-spot checks carried out pursuant to the legislation applicable to those acts and standards for the selected farmers; or (b) replace selected farmers by farmers subject to an on-the-spot check carried out pursuant to the legislation applicable to those acts and standards provided that those farmers are submitting aid applications under support schemes for direct payments within the meaning of Article 2(d) of Regulation (EC) No 73/2009 or under support schemes which are subject to the application of Articles 85t and 103z of Regulation (EC) No 1234/2007.
(a) a farmer’s participation in the farm advisory system provided for in Article 12 of Regulation (EC) No 73/2009; (b) a farmer’s participation in a certification system if the scheme in question is relevant for the requirements and standards concerned.
(a) where it is concluded, on the basis of the risk analysis applied at farm level, that non-beneficiaries of direct aid represent a higher risk than the farmers who applied for aid, farmers who applied for aid may be replaced by non-beneficiaries; in that case, the overall number of farmers checked shall, nevertheless, attain the control rate provided for in Article 50(1); the reasons for such replacements shall be properly justified and documented; (b) if more effective, the risk analysis may be performed at the level of undertakings, in particular slaughterhouses, traders or suppliers rather than at farm level; in that case, the farmers thus checked may be counted towards the control rate provided for in Article 50(1).
(a) a general part containing, in particular, the following information: (i) the farmer selected for the on-the-spot check; (ii) the persons present; (iii) whether notice of the visit was given to the farmer and, if so, the period of advance notification;
(b) a part reflecting separately the checks carried out in respect of each of the acts and standards and containing, in particular, the following information: (i) the requirements and standards subject to the on-the-spot check; (ii) the nature and extent of checks carried out; (iii) the findings; (iv) the acts and standards in relation to which non-compliances are found;
(c) an evaluation part giving an assessment of the importance of the non-compliance in respect of each act and/or standard on the basis of the criteria "severity", "extent", "permanence" and "repetition" in accordance with Article 24(1) of Regulation (EC) No 73/2009 with an indication of any factors that should lead to an increase or decrease of the reduction to be applied. Where provisions relating to the requirement or standard in question leave a margin not to further pursue the non-compliance found, the report shall make a corresponding indication. The same shall apply in the case where a Member State grants a period for the compliance with newly introduced Community standards as referred to in Article 26(1) of Regulation (EC) No 1698/2005 or a period for the compliance of young farmers with the existing Community standards referred to in that Article.
(a) areas declared for the purposes of activation of payment entitlements under the single payment scheme, as the case may be, each fulfilling the conditions particular to them; (b) areas for the purposes of the single area payment scheme in accordance with Chapter 2 of Title V of Regulation (EC) No 73/2009; (c) a group for each of the areas for the purpose of any other area-related aid scheme, for which a different rate of aid is applicable; (d) areas declared under the heading "other uses".
if there is a discrepancy between the payment entitlements declared and the area declared, the calculation of the payment shall be based on the lower size, if the number of payment entitlements declared exceeds the number of payment entitlements at the farmer's disposal, the payment entitlements declared shall be reduced to the number of payment entitlements at the farmer's disposal,
(a) a bovine animal which has lost one of the two ear tags shall be regarded as determined provided that it is clearly and individually identified by the other elements of the system for the identification and registration of bovine animals; (a a )where one single bovine animal of a holding has lost two ear tags it shall be regarded as determined provided that the animal can still be identified by register, animal passport, database or other means laid down in Regulation (EC) No 1760/2000 and provided that the keeper can provide evidence that he has already taken action to remedy the situation before the announcement of the on-the-spot check; (b) where the irregularities found relate to incorrect entries in the register or the animal passports, the animal concerned shall only be deemed as not determined if such errors are found on at least two checks within a period of 24 months. In all other cases the animals concerned shall be deemed as not determined after the first finding.
(a) the percentage to be established in accordance with paragraph 3, if it is not more than 10 %; (b) twice the percentage to be established in accordance with paragraph 3, if it is more than 10 % but not more than 20 %.
(a) death of an animal as a consequence of a disease; (b) death of an animal following an accident for which the farmer cannot be held responsible.
(a) the overall amount of direct payments that has been, or has to be, granted to the farmer concerned following aid applications he has submitted or will submit in the course of the calendar year of the finding, and (b) the total amount of payments related to schemes provided for in Articles 85p, 103q and 103r of Regulation (EC) No 1234/2007 divided by the number of years referred to in Articles 85t and 103z of that Regulation.
(a) the reductions or exclusions pursuant to Chapter II of Title IV shall be applied with regard to the aid schemes in question; (b) the reductions and exclusions pursuant to Chapter III of Title IV shall be applied to the total amount of payments to be granted under the single payment scheme, the single area payment scheme and any aid schemes that are not subject to reductions or exclusions referred to in point (a).
(a) the reductions or exclusions provided for in Chapter II of Title IV shall be applied with regard to irregularities; (b) the amount resulting from the application of point (a) shall serve as a basis for the calculation of any reductions to be applied in case of late submissions in accordance with Articles 23 and 24; (c) the amount resulting from the application of point (b) shall serve as a basis for the calculation of any reductions to be applied in cases of non-declaration of agricultural parcels in accordance with Article 55; (d) with regard to those support schemes for which a budgetary ceiling is fixed in accordance with Article 51(2), Article 69(3), Article 123(1) and Article 128(2) of Regulation (EC) No 73/2009 or applied in accordance with Article 126(2), Article 127(2) and Article 129(2) of that Regulation, Member State shall add the amounts resulting from the application of points (a), (b) and (c) of this paragraph.
(a) "transfer of a holding" means the sale, lease or any similar type of transaction in respect of the production units concerned; (b) "transferor" means the farmer whose holding is transferred to another farmer; (c) "transferee" means the farmer to whom the holding is transferred.
(a) within a period to be determined by the Member States the transferee informs the competent authority of the transfer and requests payment of the aid; (b) the transferee presents any evidence required by the competent authority; (c) all the conditions for granting the aid are fulfilled in respect of the holding transferred.
(a) all rights and obligations of the transferor resulting from the legal relationship between the transferor and the competent authority generated by the aid application shall be conferred on the transferee; (b) all actions necessary for the granting of the aid and all declarations made by the transferor prior to the transfer shall be attributed to the transferee for the purposes of applying the relevant Community rules; (c) the holding transferred shall be considered, where appropriate, as a separate holding in respect of the marketing year or premium period in question.
(a) no aid shall be granted to the transferee; (b) Member States shall apply mutatis mutandis the requirements set out in paragraphs 2 to 5.
(a) the state of implementation of the integrated system, including in particular the options chosen for the control of the cross-compliance requirements and the competent control bodies responsible for the controls of the cross-compliance requirements and conditions as well as particular measures taken for the administration and the control of the specific support; (b) the number of claimants as well as the total area, total number of animals and the total of quantities; (c) the number of claimants as well as the total area, the total number of animals and the total of quantities, covered by controls; (d) the result of the controls carried out, indicating the reductions and exclusions applied pursuant to Title IV; (e) the results of the controls relating to cross-compliance in accordance with Chapter III of Title III.
(a) in respect of agricultural area, the Farm Structural Survey 2000 in accordance with Regulation (EC) No 1166/2008 of the European Parliament and of the Council OJ L 321, 1.12.2008, p. 14 .(b) in respect of agricultural employment, the annual series of the Labour Force Survey 2001 on employment in agriculture, hunting and fishing in accordance with Council Regulation (EC) No 577/98 OJ L 77, 14.3.1998, p. 3 .(c) in respect of GDP per capita in purchasing power, the three-year average, based on the data of national accounts, 1999 to 2001.
(a) Procedure A: in a standing crop of a given variety of hemp, a 30 cm part containing at least one female inflorescence of each plant selected shall be taken. Sampling shall be carried out during the period running from 20 days after the start of flowering to 10 days after the end of flowering, during the day, following a systematic pattern to ensure that the sample is representative of the field but excluding the edges of the crop. Member States may authorise sampling to be carried out during the period from the start of flowering to 20 days after the start of flowering provided that, for each variety grown, other representative samples are taken in accordance with the first subparagraph during the period from 20 days after the start of flowering to 10 days after the end of flowering. (b) Procedure B: in a standing crop of a given variety of hemp, the upper third of each plant selected shall be taken. Sampling shall be carried out during the 10 days following the end of flowering, during the day, following a systematic pattern to ensure that the sample is representative of the field but excluding the edges of the crop. In the case of dioecious varieties, only female plants shall be taken.
Δ9-tetrahydrocannabinol, pure for chromatographic purposes, Squalane, pure for chromatographic purposes, as an internal standard.
35 mg of squalane per 100 ml hexane.
(a) Apparatus gas chromatograph with a flame ionisation detector and a split/splitless injector, column allowing good separation of cannabinoids, for example a glass capillary column 25 m long and 0,22 mm in diameter
impregnated with a 5 % non-polar phenyl-methyl-siloxane phase. (b) Calibration ranges At least three points for procedure A and five points for procedure B, including points 0,04 and 0,50 mg/ml Δ9-THC in extraction solution. (c) Experimental conditions The following conditions are given as an example for the column referred to in (a): oven temperature 260 °C injector temperature 300 °C detector temperature 300 °C
(d) Volume injected : 1 μl
Procedure A: one determination per test sample.
Procedure B: the result shall correspond to the mean value of two determinations per test sample.
| Regulation (EC) No 796/2004 | This Regulation | Regulation (EC) No 1120/2009 |
|---|---|---|
| Article 1 | Article 1 | |
| Article 2(1) | — | Article 2(a) |
| Article 2(1a) | Article 2(1) | |
| Article 2(1b) | — | |
| Article 2(2) | — | Article 2(c) |
| Article 2(2a) | — | Article 2(d) |
| Article 2(3) | Article 2(3) | |
| Article 2(4) | Article 2(4) | |
| Article 2(5) | Article 2(5) | |
| Article 2(6) | Article 2(6) | |
| Article 2(7) | Article 2(7) | |
| Article 2(8) | Article 2(8) | |
| Article 2(9) | Article 2(9) | |
| Article 2(10) | Article 2(10) | |
| Article 2(11) | Article 2(11) | |
| Article 2(12) | Article 2(12) | |
| Article 2(13) | Article 2(14) | |
| Article 2(14) | — | |
| Article 2(15) | Article 2(15) | |
| Article 2(16) | Article 2(16) | |
| Article 2(17) | Article 2(17) | |
| Article 2(18) | Article 2(18) | |
| Article 2(19) | Article 2(19) | |
| Article 2(20) to 2(36) | Article 2(21) to 2(37) respectively | |
| Article 2(37) | — | |
| Article 2, second last subparagraph | Article 2(38 | |
| Article 2, last subparagraph | — | |
| Article 3(1) to 3(7) | Article 3(1) to 3(7) | |
| Article 4 | Article 4 | |
| Article 5 | Article 5 | |
| Article 6 | Article 6 | |
| Article 7 | Article 7 | |
| Article 8(1) | Article 34(4) | |
| Article 8(2) | Article 34(5) | |
| Article 9, first paragraph | Article 8(1) | |
| Article 9, second paragraph | Article 8(2) | |
| Article 10 | Article 9 | |
| Article 11(1) | Article 11(1) | |
| Article 11(2), first subparagraph | Article 11(2), first subparagraph | |
| Article 11(2), second subparagraph | Article 11(2), third subparagraph | |
| Article 11(2), third subparagraph | Article 11(2), second subparagraph | |
| Article 11(3) | Article 10(2) | |
| Article 12(1) a), b), c) and d) | Article 12(1) a), b), c) and d) respectively | |
| Article 12(1) e) | — | |
| Article 12(1) f) | Article 12(1) e) | |
| Article 12(2), (3) and (4) | Article 12(2), (3) and (4) | |
| Article 13(1), 1 | Article 13(1) | |
| Article 13(1) third subparagraph | — | |
| Article 13(2), (3) and (4) | — | |
| Article 13(5) | Article 13(2) | |
| Article 13(6) | — | |
| Article 13(7) | Article 13(3) | |
| Article 13(8) | Article 13(4) | |
| Article 13(9) | — | |
| Article 13(10) | Article 13(5) | |
| Article 13(11) and (12) | — | |
| Article 13(13a) | Article 13(6) | |
| Article 13(14) | Article 20(3) | |
| Article 14(1), first subparagraph | Article 13(8), first subparagraph | |
| Article 14(1), second subparagraph | — | |
| Article 14(1), third subparagraph | Article 13(8), second subparagraph | |
| Article 14(1), fourth subparagraph | Article 13(8), third subparagraph | |
| Article 14(1a) | Article 55(1) and (2) | |
| Article 14(2) | Article 12(5) | |
| Article 14(3) | Article 10(1) | |
| Article 14(4) | Article 13(9) | |
| Article 15 | Article 14 | |
| Article 15a | — | |
| Article 16(1), (2) and (3) | Article 16(1), (2) and (3) respectively | |
| Article 16(3), third subparagraph | Article 65(3), third subparagraph | |
| Article 16(4) | Article 16(4) | |
| Article 17 | — | |
| Article 17a | Article 17 | |
| Article 18 | Article 20 | |
| Article 19 | Article 21 | |
| Article 20 | Article 22 | |
| Article 21 | Article 23 | |
| Article 21a(1) and (2) | Article 24 | |
| Article 21a,(3) 2 | Article 15(1) | |
| Article 22 | Article 25 | |
| Article 23 | Article 26 | |
| Article 23a(1), first and second subparagraphs | Article 27(1) | |
| Article 23a(2) | Article 27(2) | |
| Article 24(1)(a), (b), (c), (d), (e), (g), (i), (j) and (k) | Article 28(1)(a), (b), (c), (d), e), (f), (g), (h) and (i) respectively | |
| Article 24(1)(f) and (h) | — | |
| Article 24(2) 1st subparagraph | Article 28(2) | |
| Article 24(2) 2nd subparagraph | Article 28(3) | |
| Article 26(1), (3) and (4) | Article 30(1), (3) and (4) respectively | |
| Article 26(2)(a), (b), (c), (f) and (h) | 30(2)(a), (b), (c), (g) and (h) respectively | |
| Article 26(2)(d), (e) and (g) | — | |
| Article 27(1), first subparagraph, first sentence | Article 31(1), first subparagraph | |
| Article 27(1), first subparagraph, second sentence, points (a), (b) and (c) | Article 31(2) | |
| Article 27(1), second and third subparagraphs | Article 31(1), second and third subparagraphs | |
| Article 27(3) and (4) | Article 31(3) and (4) | |
| Article 28 | Article 32 | |
| Article 29 | Article 33 | |
| Article 30(1) first and second subparagraphs, (2), (3) and (4) | Article 34(1), (2), (3) and (6) respectively | |
| Article 30(1), third subparagraph | — | |
| Article 31 | Article 37 | |
| Article 31a | Article 38 | |
| Article 31b | Article 39 | |
| Article 32 | Article 35 | |
| Article 33(1) | — | |
| Article 33(2), (3), (4) and (5) | Article 40(1), (2), (3) and (4) respectively | |
| Article 33a | — | |
| Article 33b | — | |
| Article 33c | — | |
| Article 34(1), 1 | Article 41(1), 1 | |
| Article 34(1), 2 | — | |
| Article 34(2) | Article 41(2) | |
| Article 35(1) | Article 42(1), 1 | |
| Article 35(2)(a) | Article 42(1), 2 | |
| Article 35(2)(b), 1 | Article 42(2), 1 | |
| Article 35(2)(b), 2 | Article 42(2), 2 | |
| Article 35(2)(c), 1 | Article 42(3), (a) to (b) respectively | |
| Article 36 | Article 43 | |
| Article 37 | Article 44 | |
| Article 38 | — | |
| Article 39 | Article 45 | |
| Article 40 | — | |
| Article 41, (a), (b), (c) and (d) | Article 47(1), (2), (3) and (4) | |
| Article 42 | Article 48 | |
| Article 43 | Article 49 | |
| Article 44(1), (1a) and (2) | Article 50(1), (2) and (3) respectively | |
| Article 45(1), (1a), (1b), (2), (3) and (4) | Article 51(1), (2), (3), (4), (5) and (6) respectively | |
| Article 46 | Article 52 | |
| Article 47(1), (1a), (2), (3), (4) and (5) | Article 53(1), (2), (3), (4), (5) and (6) respectively | |
| Article 48 | Article 54 | |
| Article 49(1) | Article 56(1) | |
| Article 49(2) | Article 19(1), 3 | |
| Article 49(3) | Article 56(2) | |
| Article 50(1), (2) and (3) | Article 57(1), (2) and (3) respectively | |
| Article 50(5) | — | |
| Article 50(7) | Article 75(1) | |
| Article 51(1) | Article 58 | |
| Article 51(2a) | Article 57(2) | |
| Article 51(3) | — | |
| Article 52 | Article 59 | |
| Article 53, 1 | Article 60 | |
| Article 53, 3 | Article 57(2) | |
| Article 54 | Article 61 | |
| Article 54a | — | |
| Article 54b | Article 62 | |
| Article 57(1) | Article 63(1) | |
| Article 57(2) | Article 63(2) | |
| Article 57(3), first subparagraph | Article 63(3) | |
| Article 57(3), 2 | Article 75(1) | |
| Article 57(4) | Article 63(4) | |
| Article 58 | Article 64 | |
| Article 59 | Article 65 | |
| Article 60 | Article 66 | |
| Article 61 | Article 67 | |
| Article 62 | Article 68 | |
| Article 63 | — | |
| Article 64 | — | |
| Article 65(1), (2a), (3), (4) and (5) | Article 70(1), (2), (3), (4) and (5) respectively | |
| Article 66(1) | Article 70(8) and 71(1) | |
| Article 66(2) | Article 70(6) | |
| Article 66(2a) and (2b) | Article 71(2) and (3) respectively | |
| Article 66(3), 1 | Article 71(4) | |
| Article 66(3), 2 | Article 70(7), first sentence | |
| Article 66(4) and (5) | Article 71(5) and (6) respectively | |
| Article 67(1) | Article 70(8) and 72(1) | |
| Article 67(2) | Article 72(2) | |
| Article 68 | Article 73 | |
| Article 69 | Article 74 | |
| Article 70 | Article 76 | |
| Article 71 | Article 77 | |
| Article 71a | Article 78 | |
| Article 71b | Article 79 | |
| Article 72 | Article 75(2) | |
| Article 73(1), (3) and (4) | Article 80(1), (2), and (3) respectively | |
| Article 73(5), (6) and (7) | — | |
| Article 73a(1), (2), (2a), (2b), (3) and (4) | Article 81(1), (2), (3), (4), (5) and (6) respectively | |
| Article 74 | Article 82 | |
| Article 75 | Article 83 | |
| Article 76 | Article 84 | |
| Article 77 | — | |
| Article 78 | Article 85 | |
| Article 80 | — | |
| Article 81 | — | |
| Annex I | Annex II |