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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No 73/2009, as well as for the implementation of cross compliance provided for in Council Regulation (EC) No 479/2008 (repealed)
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Version Superseded: 01/01/2010
Point in time view as at 16/05/2009. This version of this provision has been superseded.
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1.For the purposes of this Chapter, the provisions of Article 41 shall apply.
F12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F22a. For the purpose of the application of Article 6(1) of Regulation (EC) No 1782/2003 to farmers who are subject to cross-compliance according to Articles 20 and 103 of Regulation (EC) No 479/2008, the submission of aid application mentioned in Article 6(1) of Regulation (EC) No 1782/2003 shall mean the yearly submission of the single application form.]
[F33. Where more than one Paying Agency is responsible for the management of the different direct payment schemes as defined in Article 2(d) of Regulation (EC) No 73/2009 and payments referred to under Articles 11, 12 and 98 of Regulation (EC) No 479/2008, Member States shall take the appropriate measures to ensure an appropriate application of the provisions under this Chapter, in particular that one rate of reduction is applied to the entirety of direct payments and amounts established in accordance with the third subparagraph of Article 66(1) and the third subparagraph of Article 67(1).
Where, for a farmer, more than one Paying Agency is responsible for the management of different payments as defined under Article 36(a)(i) to (v) and (b)(i), (iv) and (v) of Regulation (EC) No 1698/2005, as defined in Article 2(d) of Regulation (EC) No 73/2009 and as referred to under Articles 11, 12 and 98 of Regulation (EC) No 479/2008, Member States shall ensure that determined non-compliances and, where appropriate, the corresponding reductions and exclusions are brought to the attention of all paying agencies involved in those payments.]
4.Non-compliances shall be deemed to be ‘determined’ if they are established as a consequence of any kind of checks carried out in accordance with this Regulation or after having been brought to the attention of the competent control authority in whatever other way.
[F25. Except in cases of force majeure and exceptional circumstances as referred to in Article 72, where a farmer subject to cross-compliance obligations in accordance with Articles 20 and 103 of Regulation (EC) No 479/2008 does not submit the single application form within the time limit provided for in Article 11 of this Regulation, a reduction of 1 % per working day shall apply. The maximum reduction shall be limited to 25 %. The reduction shall apply to the total amount to be paid under payments provided for under Articles 11, 12 and 98 of Regulation (EC) No 479/2008, divided by the number of years referred to in Articles 20 and 103 of the same Regulation.]
Textual Amendments
F1 Deleted by Commission Regulation (EC) No 319/2008 of 7 April 2008 amending Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003.
F2 Inserted by Commission Regulation (EC) No 1266/2008 of 16 December 2008 amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers.
F3 Substituted by Commission Regulation (EC) No 380/2009 of 8 May 2009 amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as well as for the implementation of cross-compliance provided for in Regulation (EC) No 479/2008.
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