Commission Regulation (EC) No 2801/1999 of 21 December 1999 amending Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes
31. 12. 1999 EN Official Journal of the European Communities L 340/29 COMMISSION REGULATION (EC) No 2801/1999 of 21 December 1999 amending Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes (1), as last amended by Regulation (EC) No 1036/1999 (2), and in partic- ular Article 12 thereof, Whereas The decisions adopted on the reform of the common agricultural policy necessitate changes to the integrated administration and control system (hereinafter called ‘integrated system’). national administrations familiar with the integrated system with unnecessary alterations. Regulation (EEC) No 3887/92 should therefore be amended accordingly. The Committee for the European Agricultural Guidance and Guarantee Fund has not delivered an opinion within the time limit laid down by its chairman, (9) (10) HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3887/92 is amended as follows: In the light of experience gained with the application of the integrated system it is necessary to provide general rules that are equally applicable in all Member States. 1. Article 2 is amended as follows: (a) paragraph 4 shall read as follows: Economic operations are increasingly being performed electronically; Member States should be offered the opportunity to adopt national provisions permitting aid applications under the integrated system to be submitted electronically. If on-the-spot checks reveal significant irregularities, Article 6(3) of Commission Regulation (EEC) No 3887/ 92 (3), as last amended by Regulation (EC) No 1678/ 98 (4), stipulates that additional checks must be made during the current year. If Member States use remote sensing to carry out checks they should ensure that the additional checks are carried out by means of traditional on-the-spot checks, if it is no longer possible to do so by remote sensing during that year. In order to complete the information contained in control reports, provision should be made for the results of parcel measurements to be included. In order for the Commission to monitor the integrated system, each Member State must send its annual control statistics containing specific information. Rules have to be established laying down who is entitled to the aid in certain cases where a holding is transferred. ‘4. Member States may decide not to grant any aid if the amount per aid application does not exceed EUR 50. ’ (b) Paragraph 5 is deleted. 2. Article 4 is amended as follows: (a) the introductory sentences of the third subparagraph of paragraph 1 are replaced by the following: ‘Uses not falling within the scope of the integrated system shall be declared under one or more “other uses” headings. However, the following uses shall be declared separately:’; (b) the second and third indent of the third subparagraph of paragraph 1 are replaced by the following: ‘— support pursuant (Title II, Chapter VI and Article 55(3) of Council Regulation (EC) No 1257/1999 (*)), to agri-environment — area-based afforestation support (Title II, Chapter VIII and Article 55(3) of Regulation (EC) No 1257/ 1999); (*) OJ L 160, 26. 6. 1999, p. 80. ’ (c) paragraph 2(a) is replaced by the following: This amendment provides an opportunity to improve the clarity of the Regulation by introducing a number of clarifications and rewordings. Those amendments are restricted to a minimum so as not to burden those ‘2. the that (a) After the time limit aid application may be competent for its submission the amended “area” authority provided receives the amendments not later than the date laid down for sowing in, or fixed in accordance with Council Regulation (EC) No 1251/1999 (*) and that the following condi- tions are respected: (1) OJ L 355, 5. 12. 1992, p. 1. (2) OJ L 127, 21. 5. 1999, p. 4. (3) OJ L 391, 31. 12. 1992, p. 36. (4) OJ L 212, 30. 7. 1998, p. 23. (1) (2) (3) (4) (5) (6) (7) (8) L 340/30 EN Official Journal of the European Communities 31. 12. 1999 (i) where agricultural parcels are of tenancy conclusion concerned, amendments may be made only in partic- ular cases that are properly documented, in particular death, marriage, purchase or sale or contract. a Member States shall determine the condi- tions applying thereto. However, a set-aside or forage area parcel may not be added to parcels in cases already declared except which are duly justified under the provi- sions concerned and on condition that the parcel has already been accounted for as set-aside or forage area in the aid applica- tion of another farmer, the latter application being corrected accordingly; (ii) changes of use or aid scheme shall be permitted. However, a parcel may not be added to parcels declared as set aside. By derogation from the first subparagraph and even after the date laid down for sowing in, or fixed in accordance with Regulation (EC) No 1251/1999, a Member State may authorise that an area be withdrawn from the “area” aid application. The amendment must be notified in writing before any communication is made by the competent authority with regard either to the results of the administrative controls which affect the parcels in question or to the organ- isation of an on-the-spot check of the holding concerned. (*) OJ L 160, 26. 6. 1999, p. 1. ’ (d) The first indent of paragraph 5 is replaced by the following two indents: ‘— the special premium for male bovine animals and/or cow premium who are exempted from the stocking rate requirement and do not apply for extensification premium, suckler the — the slaughter premium in accordance with Article 11 of Council Regulation (EC) No 1254/ 1999 (*); (*) OJ L 160, 26. 6. 1999, p. 21. ’ (e) Paragraph 6 is replaced by the following ‘6. The “area” aid application of a producer who is a member of a producer group as defined in Article 1(2) of Council Regulation (EEC) No 3493/90 (4), and who for the same calendar year applies for both the ewe or she-goat premium and for aid under another Community scheme shall the agricultural parcels used by the group. In such cases the forage area shall be assigned to the producers concerned in proportion to their individual limits as specified in Article 6 of Council Regulation (EC) No 2467/98 (*), year concerned. valid on 1 January of include all the 3. Article 5 is amended as follows: (a) The sixth indent of the first subparagraph of para- graph 1 is replaced by the following: ‘— where applicable, the individual milk reference quantity allocated to the producer on 31 March preceding the beginning of the 12-month period of application of levy scheme starting in 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 oppor- tunity. ’ the additional (b) The second subparagraph of paragraph 1 is replaced by the following: that ‘The Member State may decide that some of this information need not be included in the aid applica- already been tion, where communicated to the authority. The Member States may also provide that some of this information can or shall be forwarded via a body or bodies approved by the Member State. information has competent However, the applicant shall remain responsible for the transmitted data in relation to the competent authority. The Member State shall provide that the farmer has the possibility for redress if incorrect or incomplete data are transmitted, provided that the applicant is not at fault. ’ (c) Paragraph 2 is deleted. (d) Paragraph 1 becomes the only paragraph. 4. The following Article is inserted after Article 5: ‘Article 5a Member States may permit, with appropriate safeguards, applications within the meaning of Articles 4 and 5 to be submitted by electronic transmission. In this event, appropriate measures shall be taken to ensure that: (a) all the requirements referred to in Articles 4 and 5 are met and the applicant is unambiguously identi- fied; (b) all the necessary accompanying documents are received by the competent authorities within the same time limits as in the case of applications submitted via traditional channels; (c) there is no discrimination between producers using traditional channels and those opting for electronic transmission; (d) the financial interests of the European Community within the meaning of Article 8 of Council Regula- tion (EC) No 1258/1999 (*) are adequately safe- guarded. (*) OJ L 312, 20. 11. 1998, p. 1. ’ (*) OJ L 160, 26. 6. 1999, p. 103. ’ 31. 12. 1999 EN Official Journal of the European Communities L 340/31 5. Article 5a becomes Article 5b and is amended as follows: ‘Article 5b Without prejudice to Articles 4, 5 and 5a, an aid application may be adjusted at any time after its submission, in cases of obvious errors recognised by the competent authority. ’ 6. Article 6 is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. The administrative checks referred to in Article 8(1) of Regulation (EEC) No 3508/92 shall include in particular: (a) cross-checks on declared parcels and animals in order to ensure that the same aid is not granted more than once in respect of the same calendar/ marketing year and to prevent any undue cumu- lation of aid granted under Community aid schemes involving declarations of areas; (b) once the computerised database is fully opera- tional in accordance with Article 5 of Council Regulation (EC) No 820/97 (*), cross-checks with a view to ensuring that Community aid is granted only for bovine animals for which the births, movements and deaths have been duly notified to the competent authority referred to in Article 7(1) of Council Regulation (EC) No 820/ 97; (c) where the computerised database is fully opera- tional in accordance with Article 5 of Regulation (EC) No 820/97, cross-checks with a view to ensuring that payments of premium pursuant to the aid schemes laid down in Article 4(6) and Article 11 of Regulation (EC) No 1254/1999 are made only to producers who have respected their obligations relating to retention periods stipulated in Commission Regulation (EC) No 2342/1999 (*). (*) OJ L 117, 7. 5. 1997, p. 1. (*) OJ L 281, 4. 11. 1999, p. 30. ’ (b) The second indent of paragraph 3 is replaced by the following: ‘— 5 % of “area” aid applications. ’ has been in place for at least one year. The database shall offer adequate assurances as to the accuracy of the data it contains for the purposes of the different animal aids or related payments concerned. As from the year when the on-the-spot checks are conducted at the minimum 5 % level, these checks retention shall be conducted wholly within the period until such time as the rate of irregularity detected at the on-the-spot checks, and expressed in terms of number of animals, represents no more than 2 % of the animals checked. The previous sentence shall not apply to animal checks under the aid schemes in Article 4(6) and Article 11 of Regu- lation (EC) No 1254/1999. ’ (d) Paragraph 5 is replaced by the following: checks ‘5. On-the-spot unannounced. Advance warning limited to the strict minimum necessary may however be given, although as a general rule, this should not exceed 48 hours. shall be On-the-spot checks shall cover all the agricultural parcels for which aid is requested under Community schemes within the meaning of Article 1(1) of Regu- lation (EC) No 3508/92. However, the actual inspec- tion in the field in the framework of the on-the-spot check may be limited to a sample of at least half of the agricultural parcels for which applications have been submitted. The Member States shall establish the and apply the criteria for sample. the sample shall be extended. the selection of that errors are found, In the event On-the-spot checks concerning livestock premiums shall cover all livestock which are to be controlled under an aid scheme. At least 50 % of the minimal checks on animals shall be made during the reten- tion period. The previous sentence shall not apply to animal checks under the aid schemes in Article 4(6) and Article 11 of Regulation (EC) No 1254/1999. Checks may be effected outside the retention period the registers provided for in Article 4 of only if Directive 92/102/EEC or Article 3(d) of Regulation (EC) No 820/97 are available. checks under this Regulation shall, On-the-spot where appropriate, be carried out together with checks provided for under other Community rules. ’ (c) After paragraph 3 the following paragraph 3a, is added: (e) Points (a) and (b) of paragraph 6 are replaced by the following: “livestock” aid applications or ‘3a. As regards participation declarations, the Member State may decide to reduce the 10 % rate for on-the-spot checks, referred to in paragraph 3, to 5 % where a fully operational computerised database in accord- ance with Article 5 of Regulation (EC) No 820/97, enabling the Member State to conduct effective cross checks in the framework of the integrated system, ‘(a) a check that the total number of animals present the scheme on the holding, and eligible for concerned, corresponds to the number of such eligible animals entered in the farmer's register and notified to the computerised database in accordance with Article 7 of Regulation (EC) No 820/97; L 340/32 EN Official Journal of the European Communities 31. 12. 1999 that all the animals the retention period and that (b) a check on the basis of the register kept by the producer for which aid applications were submitted in the 12 months prior to the on-the-spot check have been kept throughout the data are the same as notified to the database. When the Member State applies Article 6(3a) and has already checked adherence to the reten- tion period by means of the data held in the database created in accordance with Article 5 of the Regulation (EC) No 820/97, on-the-spot check may be made by a repres- entative sampling. ’ this part of (f) Point (d) of the first subparagraph of paragraph 6 is replaced by the following: ‘(d) a check that all bovine animals present on the for which aid applications have been holding, lodged or which may be the subject of future aid applications, are identified by eartags and passports and recorded in the farmer's register and notified to the computerised database in accordance with Regulation (EC) No 820/97. ’ (g) The second and third subparagraphs of paragraph 6 are replaced by the following subparagraph: ‘The check provided for in the first subparagraph, point (d), shall be made individually for all male bovines for which an application has been submitted for special beef premium. However, for all other bovine animals eligible for Community aid which are present on such holdings, the check on correct recording in the register and entries in the database may be made by sampling provided that a reliable and representative level of control is achieved. ’ (h) After paragraph 6, the following paragraphs 6a, 6b and 6c are added: ‘6a. As regards the special beef premium referred to in Article 4(6) slaughter premium and the referred to in Article 11 of Regulation (EC) No 1254/1999, on-the-spot checks in the slaughter- houses shall be carried out in at least 30 % of all participating slaughterhouses, selected on the basis of a risk analysis. They shall comprise a posteriori scru- tiny of documents and a comparison with the entries in the database in accordance with Article 7 of Regulation (EC) No 820/97. On-the-spot checks in the slaughterhouses relating to the shall also cover slaughter certificates (or information in place thereof) which were sent to other Member States as referred to in Article 35(3) of Commission Regulation (EC) No 2342/1999. and physical summaries checks the The checks in the slaughterhouses shall relate to no less than 5 % of the total number of animals for which premium has been claimed in respect of a given year. include also a verification that eligible Where necessary, the physical checks in the slaugh- the terhouses shall carcases presented for weighing are for premium. The competent control authority shall keep records of such checks including, inter alia, identification numbers and carcas weights of all animals slaughtered and checked during the on-the- spot check concerned. for regards animals the premium granted As exported to third countries, the Member States shall ensure that at least 10 % of the animals for which a premium is claimed or is expected to be claimed are subject the time of loading for export and at the time of the departure from the Community territory. to an identification check at The 5 % and 10 % rate of sampling provided in subparagraphs 2 and 4 shall be representative. The Member State may reduce the rate of 30 % provided in subparagraph 1 to 15 % under the conditions laid down in paragraph 3a. the regards consider check shall extensification the on-the-spot premium 6b. As provided by Article 13 of Regulation (EC) No 1254/ 1999, all animals as provided in Article 13(3)(a) of that Regu- include particu- lation. The on-the-spot check shall larly a verification that the total number of animals present on the holding corresponds to the number of animals entered in the farmer's register and noti- fied to the computerised database in accordance with Article 7 of Regulation (EC) No 820/97. The correct- ness of the entries in the register and in the data- base shall be checked and, if appropriate and neces- sary, a sampling of supporting documents such as purchase and sales slaughter certificates, invoices, veterinary certificates and passports as provided for in Article 6 of Regulation (EC) No 820/97 shall be carried out. 6c. Where sample checks reveal serious anomalies, the extent and scope of the check shall be increased to ensure an appropriate level of control. ’ (i) Paragraph 9 is replaced by the following: ‘9. As regards the additional payments as referred to in Article 15 of Regulation (EC) No 1254/1999 the Member State shall, as far as appropriate, apply the control rules as laid down in paragraphs 1 to 6c. If the application of the said rules is not appro- the structure of priate because of the additional the Member State shall provide payment scheme, controls ensuring a control to the principles laid down in this Regulation. ’ level equivalent 7. In Article 7, the following subparagraph is inserted after the second indent of paragraph 1: ‘If a Member State makes use of remote sensing the additional checks referred to in Article 6 shall be carried out by means of traditional on-the-spot checks if it is no longer possible to carry them out by means of remote sensing within the current year. ’ 31. 12. 1999 EN Official Journal of the European Communities L 340/33 8. After Article 7, the existing Article 12 is inserted as the 9. The existing Article 13 becomes the new Article 7b and new Article 7a and is amended as follows: is amended as follows: ‘Article 7a ‘Article 7b Every on-the-spot check shall be the subject of a 1. report. Except in cases of force majeure, the application shall be check cannot be made rejected if the farmer or his representative. ’ through the fault of an on-the-spot In the case of on-the-spot checks related to aid 2. applications, the report shall set out, in particular: 10. Article 8 is amended as follows: (a) the reason for the visit; (b) the aid schemes and applications checked; (c) the persons present; subparagraph 2 of paragraph 1 is following: replaced by the ‘For the purpose of this Article, “application” means an “area” aid application, a “livestock” aid application and an amendment to an “area” aid application as referred to in Article 4(2). ’ (d) the number of parcels checked, the number meas- ured and the results per parcel as well as the meas- uring methods used; 11. Article 9 is amended as follows: (e) the number of animals of each species found and, where applicable, the eartag numbers and entries in computerised database the checked, the results of the checks and, where applic- able, in respect of particular identification numbers. special observations and in the register The farmer or his representative may sign the report. He may either merely attest his presence at the check or also add his observations. Where Member States carry out on-the-spot checks pursuant to this Regulation in conjunction with inspec- tions pursuant to Commission Regulation (EC) No 2630/97 (*), the report shall be supplemented by reports in accordance with Article 2(5) of that Regulation. (a) subparagraph 3 of paragraph 2 becomes paragraph 3 and is amended as follows: In the case of a false declaration made inten- ‘3. tionally or as a result of serious negligence: (a) the farmer in question shall be excluded from the aid scheme concerned referred to in Article 1(1) of Regulation (EEC) No 3508/92 for the calendar year in question, and (b) in the case of a false declaration intentionally made, moreover, from any aid scheme referred to in Article 1(1) of Regulation (EEC) No 3508/ 92 for the following calendar year, in respect of an area equal to that for which his aid applica- tion was rejected. ’ 3. With regard to the checks in slaughterhouses provided by Article 6(6a), first subparagraph, the reports may consist of an indication in the slaughterhouse accounts system what animals have been subject to control. (b) The existing subparagraph 4 of paragraph 2 becomes subparagraph 3 of paragraph 2. (c) The four indents in the existing subparagraph 6 of paragraph 2 are replaced by the following: With regard to the checks on the identity of individual animals at the time of their loading for export and their departure from the Community territory provided by Article 6(6a), fourth subparagraph, a simplified report indicating the animals so controlled shall suffice. 4. Where on-the-spot checks conducted in accordance with Article 6(5) of this Regulation reveal infringements of Regulation (EC) No 820/97, copies of reports on on-the-spot checks pursuant to this Regulation shall be sent without delay to the authorities responsible for the implementation of Regulation (EC) No 2630/97. ‘— for rape seed and for sunflower: Article 4 of Commission Regulation (EC) No 2316/1999 (*), — for linseed: The direct payment shall be granted the linseed is produced from seeds of only if than those flax varieties considered as other intended mainly for fibres referred to in Article 1 of Regulation (EEC) No 1308/70, the production of — for durum wheat: Article 6(4) and (5) of Regula- tion (EC) No 2316/1999. (*) OJ L 354, 30. 12. 1997, p. 23. ’ (*) OJ L 280, 30. 10. 1999, p. 43. ’ L 340/34 EN Official Journal of the European Communities 31. 12. 1999 (d) The existing subparagraph 7 of paragraph 2 is replaced by the following: ‘With regard to areas declared and actually sown in durum wheat, where a discrepancy is found between the minimum quantity of certified seed fixed by the Member State and the quantity actually used, “deter- mined area” shall mean the area calculated by dividing the total quantity of certified seed for which the producer has furnished proof of use by the minimum quantity per hectare laid down by the Member State for in the region of question. The area thus determined is used, after application of the aforementioned reductions, for the calculation of the right to the supplement or to the specific aid provided for at Article 5 of Regulation (EC) No 1251/1999. ’ the producer (e) The existing paragraph 3 is inserted after subpara- graph 3 of paragraph 2 as the new subparagraph 4. (f) Paragraph 4 is replaced by the following: throughout the compulsory retention period, he shall be the number of eligible entitled to the premium for animals actually kept the period, provided throughout that he has informed the competent authority in writing within 10 working days of finding any reduction in the number of animals. Without prejudice to the actual in individual circumstances to be taken into account cases, in particular, the following cases of natural circumstances of the herd: authorities may recognise, competent the (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. Article 10a Bovine animals present on the holding shall not be aid 1. counted for premium unless application. identified in the ‘4. The areas established in accordance with the provisions of paragraphs 1 to 3 for the purpose of calculating the aid shall be used for the calculation of the limit of the premiums referred to in Article 12 of Regulation (EC) No 1254/1999. 2. However, a suckler cow or heifer declared for the premium in accordance with Article 6 of Regulation (EC) No 1254/1999 may be replaced within the limits provided by Article 6(2) of Regulation (EC) No 1254/ 1999 by another suckler cow or heifer. The calculation of the maximum eligible area for the area payments to arable crop producers shall be the area of set-aside land made on the basis of actually determined and on a pro rata basis for each crop concerned. ’ 12. Article 10 is replaced by the following Articles 10 to 10g: ‘Article 10 limit or individual ceiling is 1. Where an individual applicable, the number of animals shown in aid applica- tions shall be reduced to the limit or ceiling set for the farmer concerned. In no case may aid be granted on a greater 2. number of animals than that shown in the aid applica- tion. 3. Without prejudice to Article 10b, if the number of animals declared in an aid application exceeds that established during administrative or on-the-spot-checks carried out in accordance with Article 6, the aid shall be calculated on the number of eligible animals established. 4. If a farmer has been unable to comply with his retention undertaking as a result of force majeure he shall retain his right the number of to aid in respect of animals actually eligible at the time when the case of force majeure occurred. 5. In cases where, owing to the impact of natural circumstances on the herd, the farmer cannot meet his commitment to keep the animals notified for a premium 3. As regards suckler cows and heifers kept in moun- tain areas in accordance with Article 10 of Regulation (EC) No 1254/1999, a suckler cow can be replaced only by a suckler cow and a heifer by a heifer. 4. As regards Article 13(4) of Regulation (EC) No 1254/1999, a dairy cow can be replaced only by another dairy cow. 5. The replacement shall occur within 20 days of the animal's departure from the holding and shall be entered in the farmer's register not later than three days after the day of replacement. The competent authority to which the premium application was submitted shall be informed within 10 working days after the replacement. The Member State may decide not 6. to apply the obligation of notification provided in the previous para- graph when its computerised database in accordance with Article 5 of Regulation (EC) No 820/97 offers adequate assurances as to the accuracy of the data it contains for the purposes of the control of the replace- ments. The Member State shall take the replacements into account in the selection of aid applications for on-the-spot checks. Article 10b If the administrative or on-the-spot check finds a 1. difference between the animals declared in the aid application and the animals established and eligible, the aid shall, except force majeure and after Article 10(5) has been applied as regards natural circum- stances, be reduced pursuant to paragraph 2. in cases of 31. 12. 1999 EN Official Journal of the European Communities L 340/35 2. Where the application concerns a maximum of 20 animals, the amount of the aid shall be reduced: with Article 5 of Regulation (EC) No 820/97 or pass- ports or farmer's register entries whereby the lowest figure shall be taken. (a) by the percentage corresponding to the difference found if this is not more than two animals, or (b) by twice the percentage corresponding to the differ- ence found if this is more than two but not more than four animals. the difference If premium shall be granted. is greater than four animals, no In other cases, the amount of the aid shall be reduced: However, with regard to errors or omissions 2. concerning entries in the farmer's register or the pass- ports, a reduction in accordance with paragraph 1 shall apply only when such findings are revealed on at least two checks within a period of 24 months. If found during an on-the-spot 3. the difference check is greater than 20 % of the number of eligible animals established, no premium shall be granted for the 12 months prior to the on-the-spot check. (a) by the percentage corresponding to the difference found if this is not more than 5 %, or. Article 10d (b) by twice the percentage corresponding to the differ- ence found if this is more than 5 % but not more than 20 %. If the difference found is more than 20 %, no aid shall be granted. The percentages mentioned in points (a) and (b) of the first subparagraph shall be calculated on the basis of the number declared, and those mentioned in points (a) and (b) of the number found. the third subparagraph on the basis of Article 10c As animals other regards bovine than those 1. covered by Article 10b, where on-the-spot checks reveal that the number of animals present on the holding and eligible for or relevant to Community aids does not correspond to: (a) the animals notified to the computerised database in accordance with Article 7 of Regulation (EC) No 820/97; (b) the animals entered in the in accordance with Article 7 of Regulation (EC) No 820/97; farmer's register As regards bovine animals, an animal established within the meaning of Articles 10 and 10b at the time of an on-the-spot check is one which: (a) is individually identified by a passport in accordance with Article 6 of Regulation (EC) No 820/97, which indicates at least the date of birth, sex, movements and death within the meaning of the second indent of Article 7(1) of Regulation (EC) No 820/97; (b) has been recorded in the computerised database in accordance with Article 5 of Regulation (EC) No 820/97 and is properly recorded in the farmer's register in accordance with Article 7 of that Regula- tion; (c) is individually identified by eartags provided for by Article 4 of Regulation (EC) No 820/97; (d) in the case of an animal declared for Community aid, is found at the location notified by the applicant in accordance with the fourth indent of Article 5(1) of this Regulation. (c) the passports of animals held on the holding in accordance with Article 6 of Regulation (EC) No 820/97, the total amount of the aid granted to the applicant for the aid scheme concerned for the 12 months prior to the on-the-spot check revealing such findings shall, except in cases of force majeure, be reduced proportio- nately. The reduction shall be calculated on the basis of the number of all animals present for the scheme concerned or entries in the computerised database in accordance shall be the However, a bovine animal which has lost one of two eartags regarded as being established providing that it is clearly and individually identified by relevant conditions mentioned in the first all other subparagraph. Furthermore, as regards bovine animals incorrectly entered in the computerised database in accordance with Article 5 of Regulation (EC) No 820/97 or in the farmer's register or for which passports issued are incorrectly completed due to reasons attributable to the applicant with regard to the date of birth, sex, movements and death, Community aid shall be reduced in accordance with Articles 10, 10b or 10c only if such omissions are established on at least two checks within a period of 24 months. L 340/36 EN Official Journal of the European Communities 31. 12. 1999 Article 10e it is in view of 1. Where animal found that, premium, a false declaration in the aid application, farmer's register, passport or a false notification to the database referred to in Article 7(1) of Regulation (EC) No 820/97 or a false declaration of the number of live- stock units or animals as referred to in the first indent of the third subparagraph of paragraph 3 of Article 32 of Regulation (EC) No 2342/1999 was made as a result the farmer in question shall be of serious negligence, excluded from the the aid scheme calendar year in question. In the case of a false declara- tion made intentionally, he shall be excluded from the same aid scheme for the following calendar year as well. concerned for if it in the is found that As regards the declarations or certificates issued by 2. slaughterhouses slaughter connection with premium as laid down in Article 35 of Regulation (EC) the slaughterhouse No 2342/1999, gave a false certification or declaration as a result of serious negligence or the Member State shall apply appriopriate national sanctions. If such find- ings are established a second time the slaughterhouse involved shall be excluded for a period of at least one year from the right to make declarations or to issue certificates valid for premium purposes. intentionally, Article 10f For the purposes of Articles 10 to 10e, animals eligible for different Community aids shall be treated separately. Article 10g As regards the additional payments as referred to in Article 14 of Regulation (EC) No 1254/1999 the Member State shall, as appropriate, apply rules regarding sanctions as laid down in Articles 9 to 10f. the application of sanctions in respect of the abovemen- tioned rules is not appropriate because of the structure of the additional payment scheme implemented in the Member State, the Member State shall provide equivalent suitable sanctions in proportion to the failure of, the producer. ’ If 13. Articles 12 and 13 are deleted. 14. After Article 14, a new Article 14a is added: ‘Articles 14a 1. Where after an aid application has been lodged and before all the conditions for granting the aid have been fulfilled, a holding is transferred in its entirety from one farmer to another farmer, no aid shall be granted to the transferor in respect of the transferred holding. The aid applied for by the transferor 2. granted to the transferee where: shall be (a) within a period of the transfer to be determined by the the the transfer, undertakes to the Member competent authority of transferee informs States present any evidence required by the competent authority and requests payment of the aid, and (b) all the conditions for granting the aid are fulfilled in respect of the holding transferred, and the under- taking given by the transferee in point (a) is fulfilled. Once 3. authority of payment of paragraph 2: the transferee the transfer of the aid in accordance with point informs competent the holding and requests (a) of the (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 purpose of applying the relevant Community provi- sions, (c) by way of derogation from the second indent of the Article 1(4) of Regulation (EEC) No 3508/92, holding transferred shall be considered, where appro- priate, as a separate holding in respect of the marketing year or the aid or premium period in question. 4. Where an aid application has to be lodged after the actions necessary for the granting of the aid have been performed and a holding is transferred in its entirety from one farmer to another farmer after those the conditions for actions have started but before all granting the aid have been fulfilled, the aid may be granted to the transferee provided the conditions in points (a) and (b) of paragraph 2 are fulfilled. In this case, point (b) of paragraph 3 shall apply. 5. Member States may decide, where appropriate, to grant the aid to the transferor. In this event: (a) no aid shall be granted to the transferee and (b) Member States shall ensure analogous application of the requirements set out in paragraphs 1 to 4. In the case of a transfer of parts of a holding, 6. paragraphs 1 to 5 shall not apply. The normal provi- sions on the granting of aid shall apply. 7. For the purposes of this Article, (a) the transfer of a holding shall mean the transfer of management of the production units concerned; (b) “transferor” shall be the farmer whose holding is transferred to another farmer, and “transferee” shall be the farmer to whom the holding is transferred; (c) “aid application” shall mean: (i) an “area” aid application for the aid schemes referred to in Article 1(1)(a) of Regulation (EEC) No 3508/92, (ii) an “animal” aid application for the aid schemes referred to in Article 1(1)(b) of Regulation (EEC) No 3508/92. ’ 31. 12. 1999 EN Official Journal of the European Communities L 340/37 15. Article 15 is replaced by the following: to this Regulation. ‘Article 15 further measures required Member States shall take all for application of this Regulation and shall give the mutual assistance needed for the purposes of checks required pursuant In this respect Member States may also provide appropriate national sanctions against producers or other marketing partici- pants such as slaughterhouses or associations involved in the procedure for granting aid in order to ensure the compliance with control the current herd register of the holding or the respect of notification obligations. As far as necessary or provided, the Member States shall assist one another mutually to ensure effective controls, and to ensure the check on the authenticity of docu- ments the data the exchanged. ’ submitted and/or requirements accuracy of such as March each year, for arable crops, and no later than 31 report August covering the previous calendar year and, in particular, relating to the following areas: animal premiums, each year, for a (a) the state of implementation of the integrated system; (b) the number of applications as well as the total area and total number of animals broken down by indi- vidual aid scheme within the meaning of Article 1 of Regulation (EEC) No 3508/92; (c) the number of applications as well as the total area and total number of animals covered by checks; (d) the result of the checks carried out, reductions applied pursuant indicating the to Articles 9 and 10. ’ 17. In Article 19 the third subparagraph is deleted. Article 2 16. In Article 17, the following paragraph 3 is added: ‘3. Without prejudice to paragraph 2, Member States shall, in accordance with provisions to be adopted by the Commission, send the Commission no later than 31 This Regulation shall enter into force on 1 January 2000. It shall apply to applications in respect of marketing years or premium periods starting from 1 January 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 December 1999. For the Commission Franz FISCHLER Member of the Commission