PART IIAdministration and control rules
TITLE IRural development support for certain measures under Axis 2 and Axis 4
CHAPTER IGeneral provisions
Article 6Scope and definitions
1.
Save as otherwise provided for in this Regulation, this Title shall apply to:
(a)
support granted in accordance with Article 36 of Regulation (EC) No 1698/2005;
(b)
support granted in accordance with Article 63(a) of that Regulation with regard to operations corresponding to measures defined under Axis 2.
However, this Title shall not apply to measures referred to in Article 36(a)(vi) and (b)(vi) and (vii) and in Article 39(5) of Regulation (EC) No 1698/2005 as well as to measures under Article 36(b)(i) and (iii) of that Regulation as far as the establishment cost is concerned.
2.
For the purposes of this Title the following definitions shall apply:
(a)
‘area-related measure’ shall mean measures or sub-measures for which support is based on the size of the area declared;
(b)
‘animal-related measure’ shall mean measures or sub-measures for which support is based on the number of animals declared.
Article 7Application of Regulation (EC) No 796/2004
Article 2(10), (22) and (23) and Articles 9, 18, 21 and 25(1) of Regulation (EC) No 796/2004 shall apply mutatis mutandis for the purpose of this Title.
Article 6(1) of Regulation (EC) No 796/2004 shall also apply mutatis mutandis. However, for the measures referred to in Articles 36(b)(iii), (iv) and (v) of Regulation (EC) No 1698/2005, the Member States may establish appropriate alternative systems to uniquely identify the land subject to support.
Article 8Payment claims
1.
For all contracts entering into force after 1 January 2007, payment claims under area-related measures shall be submitted in accordance with the deadline set out in Article 11 of Regulation (EC) No 796/2004. However, Member States may decide to apply this provision only as from the claim year 2008.
2.
If a Member State applies the dispositions of Article 4(2), second sub paragraph, then the payment claim shall be deemed to be delivered in accordance with Article 11 of Regulation (EC) No 796/2004.
3.
Articles 11(3), 12 and 15 of Regulation (EC) No 796/2004 shall apply mutatis mutandis to payment claims under this Title. Further to the information referred to in Article 12(1)(d) of that Regulation, the payment claim shall also contain the information set out in that provision with regard to non-agricultural land for which support is being claimed.
Article 9Payments
1.
No payment for any measure or set of operations falling within the scope of this Title shall be made before the checks of this measure or set of operations with regard to eligibility criteria, as referred to in Section I of Chapter II, have been finalised.
However, Member States may decide, taking into account the risk of overpayment, to pay up to 70 % of the aid after finalisation of the administrative checks provided for in Article 11. The percentage of payment shall be the same for all beneficiaries of the measure or set of operations.
2.
With regard to cross-compliance checks provided for in Section II of Chapter II, where such checks cannot be finalised before payment, any undue payments shall be recovered in accordance with Article 73 of Regulation (EC) No 796/2004.