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21.2.2012 Official
Journal
of
the
European
Union
L
48/7
COMMISSION IMPLEMENTING REGULATION (EU) No 147/2012
of 20 February 2012
amending Regulation (EU) No 65/2011 laying down detailed rules for the implementation of
Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as
well as cross-compliance in respect of rural development support measures
THE EUROPEAN COMMISSION,
included in the number of animals determined and
should be eligible for payment. This should, however,
Having regard to the Treaty on the Functioning of the European
only apply if the farmer has taken measures to remedy
Union,
the situation before the announcement of the on-the-spot
check and, in order to avoid any risk of irregular
payments, the application of this rule should be limited
Having regard to Council Regulation (EC) No 1698/2005 of
to one single animal.
20 September 2005 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD) ( 1 ),
and in particular Articles 51(4) and 74(4) and Article 91
(5) A
new
improved
system
for
the
identification
of
ovine
thereof,
and caprine animals has been set up under Council Regu
lation (EC) No 21/2004 of 17 December 2003 estab
lishing a system for the identification and registration
Whereas:
of ovine and caprine animals and amending Regulation
(EC) No 1782/2003 and Directives 92/102/EEC and
(1) Article
6(2)
of
Commission
Regulation
(EU)
No
64/432/EEC ( 4 ). A similar provision for ovine and
65/2011 ( 2 ) contains definitions which, according to
caprine animals declared for payment should therefore
the text of that Article, are to apply only to Title I of
be included in Article 17 of Regulation (EU) No
Part II of that Regulation. However, the terms ‘area-
65/2011.
related measures’ and ‘animal-related measures’ appear
throughout the Regulation. Those terms should
(6) In
accordance
with
Article
7(1)
of
Regulation
(EU)
No
therefore be included in the list of definitions set out
65/2011, Article 16 of Regulation (EC) No 1122/2009
in Article 2 of the Regulation.
applies mutatis mutandis for the purposes of Title I of Part
II of Regulation (EU) No 65/2011. While under the
(2)
For the sake of consistency, in Article 31(a)(ii) of Regu
second subparagraph of Article 16(1) of Regulation
lation (EU) No 65/2011, the term ‘area-related support’
(EC) No 1122/2009 beneficiaries of animal-related
should be replaced by the term ‘area-related measures’.
measures are required to inform the competent auth
orities about any change of location of the animals
during the applicable retention period, it should be
(3) Commission
Regulation
(EC)
No
1122/2009 of
made clear that failure to do so should not lead to
30 November 2009 laying down detailed rules for the
penalties if the animals concerned are immediately
implementation of Council Regulation (EC) No 73/2009
located within the holding during the on-the-spot check.
as regards cross-compliance, modulation and the inte
grated administration and control system, under the
direct support schemes for farmers provided for that
(7) As
regards
the
rules
on
reductions
and
exclusions
set
out
Regulation, as well as for the implementation of
in Article 17 of Regulation (EU) No 65/2011 and the
Council Regulation (EC) No 1234/2007 as regards
order of reductions laid down in Article 22 of that Regu
cross-compliance under the support scheme provided
lation, it should be made clear that offsetting in
for the wine sector (
accordance with Commission Regulation (EC) No

3 ) has been amended to improve
and simplify certain control rules as regards animal-
885/2006 ( 5 ) should always be carried out last in the
related payments. For the sake of consistency with
order of reductions pursuant to Article 22 of Regulation
controls for animal-related measures under Regulation
(EU) No 65/2011. Articles 17 and 22 of that Regulation
(EU) No 65/2011, corresponding rules should be
should therefore be amended accordingly.
included in that Regulation.
(8) Regulation
(EU)
No
65/2011
should
therefore
be
amended accordingly.
(4) In
accordance
with
Article
17(3)
of
Regulation
(EU)
No
65/2011, a bovine animal which has lost one of the two
ear tags is to be deemed to belong to the animals
(9) The
measures
provided
for
in
this
Regulation
are
in
determined provided that it is clearly and individually
accordance with the opinion of the Rural Development
identified by the other elements of the system for the
Committee,
identification and registration of bovine animals. The
system for the identification and registration of bovine
HAS ADOPTED THIS REGULATION:
animals is in general well established. Therefore, where
one bovine animal has lost both ear tags and its identity
Article 1
can be established without any doubt it should also be
Regulation (EU) No 65/2011 is amended as follows:
( 1 ) OJ L 277, 21.10.2005, p. 1.
( 2 ) OJ L 25, 28.1.2011, p. 8.
( 4 ) OJ L 5, 9.1.2004, p. 8.
( 3 ) OJ L 316, 2.12.2009, p. 65.
( 5 ) OJ L 171, 23.6.2006, p. 90.

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L 48/8
EN
Official Journal of the European Union
21.2.2012
(1) in Article 2, the following definitions are added:
3b. Where
a
beneficiary
has
failed
to
inform
the
competent authorities pursuant to the second
‘(d) “Area-related measures” means measures or sub-
subparagraph of Article 16(1) of Regulation (EC) No
measures for which support is based on the size of
1122/2009 that animals were moved to another
the area declared;
location during the retention period, the animals
concerned shall be deemed to belong to the animals
(e) “Animal-related measures” means measures or sub-
determined if the animals were immediately located
measures for which support is based on the number
within the holding during the on-the-spot check.
of animals declared.’;
___________
(2) in Article 6(2), points (a) and (b) are deleted;
(*) OJ L 5, 9.1.2004, p. 8.’;
(3) Article 17 is amended as follows:
(a) in paragraph 3, the first subparagraph is replaced by the
(c) in the third subparagraph of paragraph 5, the second
following:
sentence is deleted;
‘3. A bovine animal which has lost one of the two
(d) in the second subparagraph of paragraph 7, the second
ear tags shall be deemed to belong to the animals
sentence is deleted;
determined provided that it is clearly and individually
identified by the other elements of the system for the
(e) the following paragraph is added:
identification and registration of bovine animals.
Furthermore, where one single bovine animal of a
‘8. The amount resulting from the exclusions
holding has lost two ear tags it shall be deemed to
provided for in the third subparagraph of paragraph 5
belong to the animals determined provided that the
and in the second subparagraph of paragraph 7 of this
animal can still be identified by register, animal
Article shall be offset in accordance with Article 5b of
passport, database or other means laid down in Regu
Commission Regulation (EC) No 885/2006. If the
lation (EC) No 1760/2000 of the European Parliament
amount cannot be fully offset in accordance with that
and of the Council (*) and provided that the keeper can
Article in the course of the 3 calendar years following
provide evidence that he had already taken action to
the calendar year of the finding, the outstanding balance
remedy the situation before the announcement of the
shall be cancelled.’;
on-the-spot check.
(4) in Article 22, the sixth indent is replaced by the following:
___________
(*) OJ L 204, 11.8.2000, p. 1.’;
‘— finally, in accordance with Articles 16(7) and 17(8) of
this Regulation.’;
(b) the following paragraphs are inserted:
(5) in Article 31(a), point (ii) is replaced by the following:
‘3a. An
ovine
or
caprine
animal
which
has
lost
one
‘(ii) for area-related measures, the total area broken down
ear tag shall be deemed to belong to the animals
by individual aid scheme;’.
determined provided that the animal can still be
identified by a first means of identification in
Article 2
accordance with Article 4(2)(a) of Council Regulation
(EC) No 21/2004 (*) and provided that all other
This Regulation shall enter into force on the seventh day
requirements of the system for the identification and
following its publication in the Official Journal of the European
registration of ovine and caprine animals are fulfilled.
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 February 2012.
For the Commission
The President
José Manuel BARROSO

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