Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures
Modified by
Commission Implementing Regulation (EU) No 147/2012of 20 February 2012amending Regulation (EU) No 65/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures, 32012R0147, February 21, 2012
Corrected by
Corrigendum to Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures, 32011R0065R(01), August 4, 2011
Commission Regulation (EU) No 65/2011of 27 January 2011laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measuresTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)OJ L 277, 21.10.2005, p. 1., and in particular Article 51(4), Article 74(4) and Article 91 thereof,Whereas:(1)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 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 sectorOJ L 316, 2.12.2009, p. 65. repealed and replaced Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulations (EC) No 1782/2003 and (EC) No 73/2009, as well as for the implementation of cross-compliance provided for in Council Regulation (EC) No 479/2008OJ L 141, 30.4.2004, p. 18..(2)Commission Regulation (EC) No 1975/2006 of 7 December 2006, laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measuresOJ L 368, 23.12.2006, p. 74., contains many cross-references to the administration and control rules set out in the repealed Regulation (EC) No 796/2004. Account should be taken of the modifications made to those administration and control rules by Regulation (EC) No 1122/2009, while the principles established by Regulation (EC) No 1975/2006 should be respected. In addition, to ensure coherence, clarity and simplification, certain provisions of Regulation (EC) No 1975/2006 should be amended in order to limit the references to Regulation (EC) 1122/2009 to the minimum necessary. It is therefore appropriate to repeal and replace Regulation (EC) No 1975/2006.(3)Member States should establish a control system that ensures that all necessary checks are carried out for effective verification of compliance with the terms under which aid is granted. All the eligibility criteria established by legislation of the Union or national legislation or the rural development programmes should be able to be controlled according to a set of verifiable indicators.(4)Experience shows that the integrated administration and control system (hereinafter referred to as IACS) provided for in Chapter 4 of Title II of Council Regulation (EC) 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003OJ L 30, 31.1.2009, p. 16., has proven to be an effective and efficient means for the implementation of direct payment schemes. Therefore, as far as the area and animal-related measures under Axis 2 in Section 2 of Chapter I of Title IV of Regulation (EC) No 1698/2005 are concerned, the administration and control rules, as well as the related provisions concerning reductions and exclusions in cases of false declarations, should follow the principles set out in the IACS, in particular in Regulation (EC) No 1122/2009.(5)However, for certain support measures set out under Axis 2 and for equivalent support under Axis 4 provided for in Sections 2 and 4, respectively, of Chapter I of Title IV of Regulation (EC) No 1698/2005, the administration and control rules need to be adapted to their particular characteristics. The same applies to the support measures under Axes 1 and 3 provided for in Sections 1 and 3, respectively, of the same Chapter and equivalent support under Axis 4. Special provisions therefore need to be established for those support measures.(6)In order to ensure that all national administrations are able to organise efficient, integrated control of all areas for which payment is claimed under Axis 2 and under the area-related aid schemes covered by Regulation (EC) No 1122/2009, payment claims for area-related measures under Axis 2 should be submitted within the same deadline as the single application provided for in Chapter I of Title II of Part II of that Regulation.(7)In order to ensure the deterrent effect of control, payments should, as a general rule, not be made before the eligibility checks have been completed. However, it is appropriate to allow payments up to a certain level after the completion of administrative checks. In fixing that level, account should be taken of the risk of overpayment.(8)The control rules provided for in this Regulation should take into account the special characteristics of the measures concerned under Axis 2. For the sake of clarity, particular rules should therefore be established.(9)Member States may use evidence received from other services, bodies or organisations to verify compliance with eligibility criteria. However, they should have assurance that the service, body or organisation is operating to a standard sufficient to control compliance with the eligibility criteria.(10)Experience has shown that it is necessary to clarify certain provisions, especially as regards determination of the number of hectares and animals as well as reductions, exclusions and recoveries.(11)In accordance with Article 50a of Regulation (EC) No 1698/2005, payments under certain of the measures provided for in that Regulation have been made subject to observance of cross-compliance requirements as provided for in Chapter 1 of Title II of Regulation (EC) No 73/2009. It is therefore appropriate to align the rules governing cross-compliance with those contained in Regulations (EC) No 73/2009 and (EC) No 1122/2009.(12)Experience has shown that specific control provisions are needed for certain specific support measures.(13)Ex-post checks of investment operations should be undertaken to verify compliance with Article 72(1) of Regulation (EC) No 1698/2005. The basis and the contents of those checks should be specified.(14)To allow the Commission to meet its obligations for the management of the measures, Member States should report to the Commission on the number of checks undertaken and their results.(15)Certain general control principles should be established, covering the right of the Commission to carry out checks.(16)Member States should ensure that the paying agencies referred to in Article 6 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policyOJ L 209, 11.8.2005, p. 1. have sufficient information on checks carried out by other services or bodies in order to fulfil their duties under that Regulation.(17)In order to avoid accounting problems which could occur if for the calendar year 2011 different control procedures had to be applied, this Regulation should apply from 1 January 2011.(18)The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,HAS ADOPTED THIS REGULATION: