Commission Regulation (EC) No 1122/2009 (repealed)Show full title

TITLE I U.K. SYSTEMS REQUIREMENTS AND CROSS-COMPLIANCE

CHAPTER I U.K. Identification and registration system

Article 5 U.K. Identification of farmers

Without prejudice to Article 19(3) of Regulation (EC) No 73/2009, the single system to record the identity of each farmer provided for by Article 15(1)(f) of that Regulation shall guarantee a unique identification with regard to all aid applications submitted by the same farmer.

Article 6 U.K. Identification of agricultural parcels

1. The identification system for agricultural parcels referred to in Article 17 of Regulation (EC) No 73/2009 shall operate at reference parcel level such as cadastral parcel or production block which shall ensure unique identification of each reference parcel.

For each reference parcel, a maximum eligible area shall be determined for the purpose of the single payment scheme or the single area payment scheme. The GIS shall operate on the basis of a national coordinate reference system. Where different coordinate systems are used, they shall be compatible within each Member State.

Member States shall, moreover, ensure that agricultural parcels are reliably identified and shall in particular require the single application to be furnished with particulars or accompanied by documents specified by the competent authority that enable each agricultural parcel to be located and measured.

[F1 2. Member States shall annually assess the quality of the identification system for agricultural parcels. That assessment shall cover the following quality elements:

(a) the correct quantification of the maximum eligible area;

(b) the proportion and distribution of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account;

(c) the categorisation of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account;

(d) the occurrence of reference parcels with critical defects;

(e) the ratio of declared area in relation to the maximum eligible area inside the reference parcels;

(f) the percentage of reference parcels which have been subject to change, accumulated over the years;

(g) the rate of irregularities determined during on-the-spot checks.

When performing the assessment referred to in the first subparagraph, Member States shall:

(a) use data allowing to assess the current situation on the ground;

(b) select an adequate random sample of all reference parcels.

An assessment report and, where appropriate, the remedial actions and the timetable for their implementation shall be sent to the Commission by 31 January following the calendar year in question at the latest. However, in respect of the calendar year 2010, this information shall be sent to the Commission by 28 February 2011 at the latest.]

Textual Amendments

F1 Substituted by Commission Regulation (EU) No 146/2010 of 23 February 2010 amending Regulation (EC) No 1122/2009 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 sector under the support scheme provided for the wine sector.

Article 7 U.K. Identification and registration of payment entitlements

1. The system for the identification and registration of payment entitlements provided for in Article 18 of Regulation (EC) No 73/2009 shall be an electronic register at Member State level and shall, in particular with regard to the cross-checks provided for in Article 28 of this Regulation, ensure effective traceability of the payment entitlements, in particular as regards the following elements:

(a) holder;

(b) value;

(c) date of establishment;

(d) date of last activation;

(e) origin, in particular with regard to its attribution, original or national reserve, purchase, lease, inheritance;

[F1 (f) kind of entitlement, in particular special entitlements provided for in Article 44 of Regulation (EC) No 73/2009, entitlements allocated in accordance with Article 68(1)(c) of Regulation (EC) No 73/2009 and payment entitlements subject to a derogation as provided for in Article 64(2) of Regulation (EC) No 73/2009;]

(g) where applicable, regional restrictions.

2. Member States in which there is more than one paying agency, may decide to operate the electronic register at paying agency level. In that case, the Member State concerned shall ensure that the different registers are compatible with each other.

Textual Amendments

F1 Substituted by Commission Regulation (EU) No 146/2010 of 23 February 2010 amending Regulation (EC) No 1122/2009 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 sector under the support scheme provided for the wine sector.

CHAPTER II U.K. Cross-compliance

Article 8 U.K. Control system as regards cross-compliance

1. Member States shall establish a system guaranteeing an effective control of the respect of cross-compliance. That system shall, in accordance with Chapter III of Title III of this Part, in particular provide for:

(a) where the competent control authority is not the paying agency, the transfer of the necessary information concerning the farmers applying for direct payments from the paying agency to the specialised control bodies and/or, where applicable, via the coordinating authority referred to in Article 20(3) of Regulation (EC) No 73/2009;

(b) the methods to be applied for the selection of control samples;

(c) indications with regard to the nature and extent of the checks to be carried out;

(d) control reports containing in particular any detected non-compliance and an assessment of its severity, extent, permanence and repetition;

(e) where the competent control authority is not the paying agency, the transfer of the control reports from the specialised control bodies either to the paying agency or the coordinating authority referred to in Article 20(3) of Regulation (EC) No 73/2009 or both;

(f) the application of the system of reductions and exclusions by the paying agency.

2. Member States may provide for a procedure according to which the farmer indicates to the paying agency the elements necessary to identify the requirements and standards applicable to him.

Article 9 U.K. Payment of aid in relation to controls of cross-compliance

With regard to controls of cross-compliance specified in Chapter III of Title III of this Part, where such controls cannot be finalised before payment, any undue payments shall be recovered in accordance with Article 80.