13.10.2012 Official Journal of the European Union L 280/1 II (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 937/2012 of 12 October 2012 amending 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 THE EUROPEAN COMMISSION, support scheme provided for the wine sector () and Article  5(2) of Commission Regulation (EU) No 652011 of 27 January 2011 laying down detailed Having regard to the Treaty on the Functioning of the European rules for the implementation of Council Regulation Union, (EC) No 16982005, as regards the implementation of control procedures as well as cross-compliance in respect Having regard to Council Regulation (EC) No 1698/2005 of of tural development support measures () set out the method for determining applicable interest on undue 20 September 2005 on support for rural development by the P kP P 4 payments to be recovered from beneficiaries of the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 51(4), Article 74(4) and Article 91 support covered by those Regulations. thereof, (2)  The interest applies for a period from the notification of Having regard to Council Regulation (EC) No 1234/2007 of the repayment obligation until actual repayment or 22 October 2007 establishing a common organisation of agri- deduction of the amount to be repaid. This leads to an cultural markets aqd on specific provisions for certain agri- obligation for the national authorities to collect interest cultural products (Single CMO Regulation) (%), and in particular in practically all cases of recoveries, with a separate Articles 85x and 103za, in conjunction with Article 4 thereof, recovery order once the time elapsed is known. Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct ) HIE Sdk - - support schemes for farmers under the common agricultural administrative efficiency, interest should be due only policy and establishing certain support schemes for farmers, from a r‘easonable payment deadline for the debtor amending Regulations (EC) No 12902005, (EC) No indicated in the recovery order. 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (%), and in particular points (c) and (o) of Article 142 thereof, (4)  Regulations (EC) No 1122/2009 and (EU) No 65/2011 should therefore be amended accordingly. For the sake of simplification and in order to improve Whereas: (5)  In the interest of legal certainty, it should be specified (1)  Article 80(2) of Commission Regulation (EC) No that the measures provided for in this Regulation apply 11222009 of 30 November 2009 laying down in respect of recovery orders issued from 16 October detailed rules for the implementation of Council Regu- 2012. lation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for (6)  The measures provided- fOf in this Regulation are in farmers provided for that Regulation, as well as for the accordance with the opinion of the Rural Development implementation of Council Regulation (EC) No Committee, the Management ~Committee for  the 12342007 as regards cross-compliance under the Common Organisation of Agricultural Markets and of the Management Committee for Direct Payments, 0J L 277, 21.10.2005, p. 1. - () O] L 299, 16.11.2007, p. 1. () O] L 316, 2.12.2009, p. 65. 0J L 30, 31.1.2009, p. 16. () O] L 25, 28.1.2011, p. 8.