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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 ( 4 ) and
Article 5(2) of Commission Regulation (EU) No
65/2011 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 1698/2005, 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 rural development support measures ( 5 ) set out the
20 September 2005 on support for rural development by the
method for determining applicable interest on undue
European Agricultural Fund for Rural Development (EAFRD) (
payments to be recovered from beneficiaries of the

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 and on specific provisions for certain agri
obligation for the national authorities to collect interest
cultural products (Single CMO Regulation) ( 2 ), 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
(3) For
the
sake
of
simplification
and
in
order
to
improve
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 reasonable payment deadline for the debtor
amending Regulations (EC) No 1290/2005, (EC) No
indicated in the recovery order.
247/2006, (EC) No 378/2007 and repealing Regulation (EC)
No 1782/2003 ( 3 ), 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.
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
1122/2009 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
for
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
1234/2007 as regards cross-compliance under the
Common Organisation of Agricultural Markets and of
the Management Committee for Direct Payments,
( 1 ) OJ L 277, 21.10.2005, p. 1.
( 2 ) OJ L 299, 16.11.2007, p. 1.
( 4 ) OJ L 316, 2.12.2009, p. 65.
( 3 ) OJ L 30, 31.1.2009, p. 16.
( 5 ) OJ L 25, 28.1.2011, p. 8.

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L 280/2
EN
Official Journal of the European Union
13.10.2012
HAS ADOPTED THIS REGULATION:
‘2. Interest
shall
be
calculated
for
the
period
elapsing
between the payment deadline for the beneficiary indicated
Article 1
in the recovery order, which shall not be set at more than 60
days, and the date of either repayment or deduction.’.
Amendment of Regulation (EC) No 1122/2009
In Article 80(2) of Regulation (EC) No 1122/2009, the first
subparagraph is replaced by the following:
Article 3
‘2. Interest
shall
be
calculated
for
the
period
elapsing
between the payment deadline for the farmer indicated in
Entry into force and application
the recovery order, which shall not be set at more than 60
days, and the date of either repayment or deduction.’.
This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.
Article 2
Amendment of Regulation (EU) No 65/2011
In Article 5(2) of Regulation (EU) No 65/2011, the first
It shall apply in respect of recovery orders issued from
subparagraph is replaced by the following:
16 October 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 October 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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