委员会实施条例(EU) No 282/2012, 为农产品证券系统的应用制定详细的常见规则
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012R0282
OJ编号:OJ L 92, 30.3.2012, p. 4-14
中文标题:委员会实施条例(EU) No 282/2012, 为农产品证券系统的应用制定详细的常见规则
原文标题:Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012 laying down common detailed rules for the application of the system of securities for agricultural products
分类:03.10.20_共同农业政策机制
文件类型:二级立法 Regulation|条例
生效日期:2012-04-19
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 92/4
EN
Official Journal of the European Union
30.3.2012
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 282/2012
of 28 March 2012
laying down common detailed rules for the application of the system of securities for agricultural
products
(codification)
THE EUROPEAN COMMISSION,
Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No
378/2007 and repealing Regulation (EC) No 1782/2003 ( 5 ), and
in particular Article 142(c) thereof,
Having regard to the Treaty on the Functioning of the European
Union,
Having regard to Council Regulation (EC) No 2799/98 of
15 December 1998 establishing agrimonetary arrangements
for the euro ( 6 ), and in particular Article 9 thereof,
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
Whereas:
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 43(a), (d), (f) and (j), Article 47(2), Article 134,
Article 143(b), Article 148, Article 161(3), Article 171 and
Article 172(2),
(1) Commission
Regulation
(EEC)
No
2220/85
of
22
July
1985 laying down common detailed rules for the appli
cation of the system of securities for agricultural prod
ucts ( 7 ) has been substantially amended several times ( 8 ).
Having regard to Council Regulation (EC) No 104/2000 of
In the interests of clarity and rationality the said Regu
17 December 1999 on the common organisation of the
lation should be codified.
markets in fishery and aquaculture products ( 2 ), and in particular
Articles 37 and 38 thereof,
(2) Numerous
provisions
in
agricultural
regulations
of
the
Union require that a security be given to ensure
Having regard to Council Regulation (EC) No 1216/2009 of
payment of a sum due if an obligation is not met.
30 November 2009 laying down the trade arrangements
However, experience has shown that this requirement is
applicable to certain goods resulting from the processing of
in practice interpreted in widely differing fashions.
agricultural products
(
Therefore, in order to avoid unequal competitive
3 ), and in particular Article 4(4),
Article 6(4), Article 7(3), and Article 11(4) thereof,
conditions, the requirement should be defined.
(3)
In particular, the form of the security should be defined.
Having regard to Council Regulation (EC) No 247/2006 of
30 January 2006 laying down specific measures for agriculture
in the outermost regions of the Union ( 4 ), and in particular
Article 25 thereof,
(4) Many
provisions
in
agricultural
regulations
of
the
Union
provide that the security given is forfeited if any
obligation secured is breached, without making any
distinction between breaches of fundamental and of
Having regard to Council Regulation (EC) No 73/2009 of
secondary or subordinate obligations. In the interests of
19 January 2009 establishing common rules for direct
equity a distinction should be drawn between the
support schemes under the common agricultural policy and
consequences of breaching a fundamental obligation
establishing certain support schemes for farmers, amending
and the consequences of breaching a secondary or
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 5 ) OJ L 30, 31.1.2009, p. 16.
( 2 ) OJ L 17, 21.1.2000, p. 22.
( 6 ) OJ L 349, 24.12.1998, p. 1.
( 3 ) OJ L 328, 15.12.2009, p. 10.
( 7 ) OJ L 205, 3.8.1985, p. 5.
( 4 ) OJ L 42, 14.2.2006, p. 1.
( 8 ) See Annex I.
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subordinate one. In particular, provision should be made,
HAS ADOPTED THIS REGULATION:
where permissible, for forfeiture of only a part of the
security where the fundamental obligation is in fact
met but the deadline set for meeting it has been
CHAPTER I
slightly exceeded, or when a secondary or subordinate
SCOPE AND DEFINITIONS
obligation is not met.
Article 1
This Regulation lays down the rules governing securities to be
(5) No
distinction
between
the
consequences
of
failure
to provided, either under the following regulations or under any
meet an obligation should be made based on whether
regulations adopted pursuant to those regulations, unless other
or not an advance payment has been received. Accord
rules are laid down by those regulations:
ingly, securities given against advances should be covered
by separate rules.
(a) regulations laying down the common organisation of
markets in certain agricultural products:
(6) The
costs
of
lodging
a
security,
incurred
by
both
the
party giving the security and the competent authority,
— Regulation (EC) No 104/2000 (fishery and aquaculture
may be out of proportion to the sum whose payment
products),
the security guarantees if that sum is below a certain
limit. Competent authorities should therefore have the
right to waive the requirement of a security for
— Regulation (EC) No 1234/2007 (Single CMO Regu
payment of a sum below that limit. Further, a
lation);
competent authority should be empowered to waive
the requirement of a security where the nature of the
(b) Regulation (EC) No 73/2009 (direct support schemes);
person required to meet the obligations makes that
requirement unnecessary.
(c) Regulation (EC) No 1216/2009 (trade arrangements
applicable to certain goods resulting from the processing
of agricultural products).
(7) A
competent
authority
should
have
the
right
to
refuse
a
security offered where it considers it to be unsatisfactory.
Article 2
This Regulation shall apply in all cases where the regulations
(8)
A time limit for furnishing the evidence needed for the
referred to in Article 1 provide for a security as defined in
release of a sum secured should be laid down where no
Article 3, whether or not the particular term ‘security’ is used.
such time limit is laid down elsewhere.
This Regulation shall not apply to securities given to ensure
(9) In
connection
with
the
exchange
rate
to
be
used
for payment of import and export duties referred to in Council
converting a sum secured expressed in euro into
Regulation (EEC) No 2913/92 ( 2 ).
national currency, the operative event referred to in
Article 3 of Regulation (EC) No 2799/98, should be
Article 3
defined in accordance with Commission Regulation
(EC) No 1913/2006 ( 1 ).
For the purposes of this Regulation, the following definitions
shall apply:
(10) The
procedure
to
be
followed
once
a
security
is
forfeited
(a) ‘security’ means the assurance that a sum of money will be
should be laid down.
paid or forfeited to a competent authority if a particular
obligation is not met;
(11) The
Commission should
be enabled to monitor the
(b) ‘block security’ means a security made available to the
implementation of the provisions on securities.
competent authority with the purpose of ensuring that
more than one obligation is met;
(12) This
Regulation
lays
down
the
rules
to
apply
generally,
unless specific Union legislation lays down different rules.
(c) ‘obligation’ means a requirement or set of requirements,
imposed by a regulation, to perform or to refrain from
performing an act;
(13) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
(d) ‘competent authority’ means either a party authorised to
Committee for the Common Organisation of Agricultural
accept a security or a party authorised to decide in
Markets and were submitted for information to the other
accordance with the relevant regulation if a security is to
competent committees,
be released or forfeited.
( 1 ) OJ L 365, 21.12.2006, p. 52.
( 2 ) OJ L 302, 19.10.1992, p. 1.
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CHAPTER II
(e) pledging bonds, issued by mortgage credit associations,
listed on a public stock exchange and for sale on the
REQUIREMENT OF A SECURITY
open market, provided that their credit rating ranks equal
Article 4
with that of government bonds.
A security shall be given by or on behalf of the party
responsible for paying the sum of money due if an obligation
3. The
competent
authority
may
impose
additional
terms
for
is not met.
accepting securities of the type listed in paragraph 2.
Article 5
Article 8
1. The
competent
authority
may
waive
the
requirement
of
a The competent authority shall refuse to accept or shall require
security where the value of the sum secured is less than EUR
the replacement of any security which it considers inadequate or
500.
unsatisfactory or which does not provide cover for a sufficient
period.
2.
Where use is made of the facility in paragraph 1, the party
concerned shall undertake in writing to pay a sum equal to that
Article 9
which he would have been required to pay had he given a
1. Assets
mortgaged
in
accordance
with
Article
7(2)(a)
or
security and that security has subsequently been forfeited in
securities or bonds pledged in accordance with Article 7(2)(d)
part or entirely.
and (e) shall, at the time the security is given, have a disposable
value of at least 115 % of the value of the security required.
Article 6
The competent authority may waive the requirement of a
A competent authority may accept a security of the type listed
security where the party responsible for meeting the obligation
in Article 7(2)(a), (d) or (e) only if the party offering it under
is either:
takes, in writing, either to give an additional security or to
replace the original security should the disposable value of the
assets, securities or bonds in question have been for a period of
(a) a public body responsible for executing the duties of a
three months below 105 % of the value of the security required.
public authority; or
This written undertaking shall not be necessary where national
law already so provides. The competent authority shall regularly
review the value of such assets, securities or bonds.
(b) a private body executing duties referred to in point (a) under
State supervision.
2. The
disposable
value
of
a
security
as
referred
to
in
Article 7(2)(a), (d) and (e) shall be assessed by the competent
CHAPTER III
authority, taking, into account any costs of disposal.
FORM OF SECURITIES
Article 7
The disposable value of securities or bonds shall be assessed
using the last available quotation.
1. A
security
may
be
given
by:
The party giving the security shall, at the request of the
(a) making a cash deposit as referred to in Articles 12 and 13;
competent authority, provide proof of its disposable value.
and/or
Article 10
(b) providing a guarantor as defined in Article 15(1).
1. Any
security
may
be
replaced
by
another.
2. At the discretion of the competent authority, a security
may be given by:
However, the agreement of the competent authority shall be
required in the following cases:
(a) providing a mortgage; and/or
(a) where the original security has been forfeited but not yet
realised; or
(b) pledging cash deposits in a bank; and/or
(b) where the replacement security is of a type listed in
(c) pledging recognised claims against a public body or public
Article 7(2).
funds, which are due and payable and against which no
other claim has precedence; and/or
2. A
block
security
may
be
replaced
by
another
block
security on condition that the new block security covers at
(d) pledging securities negotiable in the Member State
least that part of the original block security assigned at the
concerned provided they are issued or guaranteed by that
time of replacement to ensure fulfilment of one or more
Member State; and/or
obligations still outstanding.
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Article 11
3. The
competent
authority
may
accept
a
written
telecom
munication sent by the guarantor as constituting a written
1. Securities
as
referred
to
in
Article
1
shall
be
constituted
in guarantee. If the competent authority does so accept, it shall
euro.
take whatever steps are required to satisfy itself that the tele
communication is genuine.
2. Notwithstanding
paragraph
1,
where
the
security
is
accepted in a Member State outside the euro area, in national
currency, the amount of the security in euro shall be converted
4. Where
a
written
block
guarantee
has
already
been
given,
into that currency in accordance with Article 10 of Regulation
the competent authority shall determine the procedure to be
(EC) No 1913/2006. The undertaking corresponding to the
followed by which all or part of the block guarantee shall be
security and any amount withheld in the event of irregularities
allocated to a particular obligation.
or breaches shall remain fixed in euro.
Article 16
Article 12
As soon as part of a block security is assigned to a particular
Where cash is deposited by transfer it shall not be regarded as
obligation, the balance of the block security remaining shall be
establishing a security until the competent authority is satisfied
noted.
that it has the amount at its disposal.
Article 13
CHAPTER IV
1. A
cheque
for
a
sum
whose
payment
is
guaranteed
by
a
ADVANCE PAYMENTS
financial institution recognised for the purpose by the Member
Article 17
State of the competent authority concerned shall be treated as a
cash deposit. The competent authority need not present such a
The provisions of this Chapter shall apply in all cases where
cheque for payment until the period for which it is guaranteed
specific Union rules provide that a sum may be advanced before
is about to expire.
the obligation has been met.
2. A
cheque,
other
than
as
referred
to
in
paragraph
1,
shall
Article 18
constitute a security only when the competent authority is
satisfied that it has the amount at its disposal.
1. The
security
shall
be
released
when:
3. Any
charges
by
a
financial
institution
shall
be
borne
by
the party giving the security.
(a) final entitlement to the sum granted as advance has been
established; or
Article 14
(b) the sum granted, plus any addition provided for in the
No interest shall be paid to the party giving a security in the
specific Union rules, has been repaid.
form of a cash deposit.
Article 15
2. Once the deadline for showing final entitlement to the
sum granted has passed without production of evidence of
1. The
guarantor
shall
have
his
normal
residence
or
an
estab
entitlement, the competent authority shall immediately follow
lishment in the Union and, subject to the provisions of the
the procedure in Article 28.
Treaty concerning freedom to supply services, be approved by
the competent authority of the Member State in which the
security is given. The guarantor shall be bound by a written
The deadline may be postponed in a case of force majeure.
guarantee.
2. The written guarantee shall state at least:
However, where Union legislation so provides, evidence may
still be produced after that date against partial repayment of
the security.
(a) the obligation or, in the case of a block security, the type(s)
of obligation against whose fulfilment it guarantees the
payment of a sum of money;
3. If
the force majeure provisions in Union legislation permit
repayment of the advance alone, the following further
(b) the maximum liability to pay that the guarantor accepts;
conditions shall apply:
(c) that the guarantor undertakes jointly and severally with the
(a) the circumstances claimed as force majeure shall be notified
party responsible for meeting the obligation to pay, within
to the competent authority not later than 30 days after the
30 days of demand by the competent authority, any sum,
day on which information was received by the party
within the limit of the guarantee, due once a security is
concerned that circumstances indicating a possible case of
declared forfeit.
force majeure had arisen; and
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(b) the party concerned shall repay the sum advanced or the
3. Where
evidence
that
all
primary
requirements
have
been
relevant part of it within 30 days from the date on which
met is produced within 18 months of the deadline in paragraph
the competent authority issues a request for repayment.
2, 85 % of the sum forfeited shall be repaid.
Where evidence that all primary requirements have been met is
If the conditions laid down in points (a) and (b) are not
produced within 18 months of that deadline in circumstances
respected, the terms of repayment shall be the same as if
where the relevant secondary requirement has not been met, the
circumstances of force majeure had not occurred.
sum to be repaid shall be the sum that would have been
repayable under Article 22(2), less 15 % of the relevant part
of the sum secured.
CHAPTER V
RELEASE AND FORFEITURE OF SECURITIES OTHER THAN
4. No
repayment
shall
be
made
where
evidence
that
all
THOSE REFERRED TO IN CHAPTER IV
primary requirements have been respected is produced after
the 18 months period referred to in paragraph 3 has expired
Article 19
unless force majeure prevented production of this evidence within
1. An obligation may include primary,
secondary or that period.
subordinate requirements.
Article 22
1. If the evidence laid down by the specific Union rules is
2. A
primary
requirement
is
a
requirement,
basic
to
the produced within the specified period that all primary
purposes of the regulation imposing it, to perform, or to
requirements have been met, in circumstances where a
refrain from performing, an act.
secondary requirement has been breached, a partial release of
the security shall be made and the rest of the sum secured
forfeited. The procedure in Article 28 for recovering the sum
3. A
secondary
requirement
is
a
requirement
to
respect
the forfeited shall be followed.
time limit for fulfilling a primary requirement.
2. The
proportion
of
the
security
released
shall
be:
the
security covering the relevant part of the sum secured less
4. A
subordinate
requirement
is
any
other
requirement 15 %, and
imposed by a regulation.
(a) 10 % of the sum remaining after deduction of the 15 % for
each day by which:
5. This
Chapter
shall
not
apply
where
the
specific
Union
rules have not defined the primary requirements.
(i) a maximum period of 40 days or less has been
exceeded;
6. For the purposes of this Chapter ‘the relevant part of the
sum secured’ means the part of the sum secured corresponding
(ii) a minimum period of 40 days or less has not been
to the quantity for which a requirement has been breached.
respected;
Article 20
(b) 5 % of the sum remaining after deduction of the 15 % for
each day by which:
Once the evidence laid down by the specific Union rules has
been furnished that all primary, secondary and subordinate
requirements have been fulfilled, the security shall be released.
(i) a maximum period of between 41 and 80 days has been
exceeded;
Article 21
(ii) a minimum period of between 41 and 80 days has not
been respected;
1.
A security shall be forfeit in full for the quantity for which
a primary requirement is not fulfilled, unless force majeure
prevented fulfilment.
(c) 2 % of the sum remaining after deduction of the 15 % for
each day by which:
2. A
primary
requirement
shall
be
considered
to
have
been
(i) a maximum period of 81 days or more has been
breached if the relevant evidence is not produced within the
exceeded;
time limit set for the production of that evidence unless force
majeure prevented production of such evidence within that time
limit. The procedure in Article 28 for recovering the sum
(ii) a minimum period of 81 days or more has not been
forfeited shall immediately be followed.
respected.
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3. This
Article
shall
not
apply
to
periods
for
either
applying (a) 12 months from the time limit specified for respecting all
for, or using, import and export licences and advance fixing
primary requirements; or
certificates, or to periods relating to the fixing of import and
export levies and export refunds by tender.
(b) where no such time limit as referred to in point (a) is
Article 23
specified, 12 months from the date by which all primary
requirements have been met.
1. Failure
to
fulfil
one
or
more
subordinate
requirements
shall lead to forfeiture of 15 % of the relevant part of the
sum secured unless force majeure prevented fulfilment.
2. The
period
laid
down
in
paragraph
1
shall
not
exceed
three years from the time the security was assigned to a
particular obligation, except in cases of force majeure.
2. The
procedure
laid
down
in
Article
28
for
recovery
of
the
sum forfeited shall immediately be put into effect.
Article 28
3. This
Article
shall
not
apply
in
circumstances
where
Article 21(3) applies.
1. Once
the
competent
authority
is
aware
of
circumstances
giving rise to forfeiture of the security, in whole or in part, it
shall without delay demand the party required to meet the
Article 24
obligation to pay the sum forfeited, allowing up to 30 days
from the day of receipt of demand for payment.
If evidence is produced that all primary requirements have been
observed but both a secondary and a subordinate requirement
have been breached, Articles 22 and 23 shall apply and the
Where payment has not been made at the end of this period,
total sum to be forfeit shall be the sum forfeit in accordance
the competent authority shall:
with Article 22 plus 15 % of the relevant part of the sum
secured.
(a) without delay clear any security of the type described in
Article 25
Article 7(1)(a) to the appropriate account;
The total sum forfeited shall not exceed 100 % of the relevant
part of the sum secured.
(b) without delay require the guarantor described in
Article 7(1)(b) to pay, allowing up to 30 days from the
CHAPTER VI
day of receipt of demand for payment;
GENERAL PROVISIONS
Article 26
(c) without delay take steps to:
1. A
security
shall
on
request
be
released
in
part
where
the
relevant evidence has been furnished in relation to part of a
quantity of product, provided that that part is not less than any
(i) convert the securities described in Article 7(2)(a), (c), (d)
minimum quantity specified in the regulation requiring the
and (e) into money sufficient to recover the sum due;
security.
(ii) clear pledged cash deposits referred to in Article 7(2)(b)
Where the specific Union rules do not specify a minimum
to its own account.
quantity, the competent authority may itself restrict the
number of partial releases of any one security, and may
specify a minimum sum for any such release.
The competent authority may without delay clear any security
of the type described in Article 7(1)(a) to the appropriate
2. Before
releasing
all
or
part
of
a
security
the
competent account without first requiring the person concerned to effect
authority may require that a written request for release be
payment.
furnished.
2. The
competent
authority
may
waive
the
forfeiture
of
an
3. In
the
case
of
securities
covering,
in
accordance
with amount less than EUR 60, provided that similar national
Article 9(1), more than 100 % of the sum required to be
provisions for comparable cases are laid down by law, regu
secured, that part of the security exceeding 100 % shall be
lation or administrative action.
released when the remainder of the sum secured is finally
released or forfeited.
3. Without
prejudice
to
paragraph
1,
where
the
decision
to
Article 27
forfeit a security is taken but on appeal is subsequently
postponed in accordance with national law, the party
1. Where no period is laid down for producing the evidence
concerned shall pay interest on the sum actually forfeited
needed to release a sum secured, such period shall be:
over the period starting 30 days from the day of receipt of
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the demand for payment as referred to in the first subparagraph
CHAPTER VII
of paragraph 1 and ending on the day prior to the payment of
the sum actually forfeited.
INFORMATION
Article 30
Where following the outcome of the appeal procedure the party
1. Member
States
shall
keep
available
for
the
Commission,
concerned is asked to pay within 30 days the sum forfeited, for
for each year, the total number and sum of securities forfeited,
the purposes of calculating interest the Member State may
whatever stage of the procedure in Article 28 has been reached,
consider payment to be made on the 20th day following the
distinguishing in either case between those credited to the
date of such request.
national budgets and those credited to the budget of the Union.
The rate of interest applicable is calculated according to the
2. The
information
referred
to
in
paragraph
1
shall
be
kept
provisions of national law, but shall in no case be lower than
in relation to all securities forfeited for an amount greater than
the interest rate applicable in case of recovery of national
EUR 1 000 and each Union provision requiring that a security
amounts.
be given.
3. Information
shall
cover
both
sums
paid
directly
by
the
The paying agencies shall deduct the interest paid from the
interested party and sums recovered by realising a security.
expenditure of the European Agricultural Guarantee Fund
(EAGF) or the European Agricultural Fund for Rural Devel
opment (EAFRD) in accordance with the provisions of
Article 31
Council Regulation (EEC) No 352/78 ( 1 ).
Member States shall keep the following information available
for the Commission:
Member States may claim periodically a supplementation of the
security in respect of the interest involved.
(a) the types of institutions authorised to act as guarantors and
the requirements laid down;
Where a security has been forfeited and the amount already
credited to the EAGF or to the EAFRD and, following the
(b) the types of security accepted pursuant to Article 7(2) and
outcome of an appeal procedure, the sum forfeited in whole
the requirements laid down.
or in part, including interest at a rate in accordance with
national law, is to be repaid, the sum to be repaid shall be
Article 32
borne by the EAGF or by the EAFRD unless the repayment
of the security is attributable to the negligence or serious
Regulation (EEC) No 2220/85 is repealed.
mistake of administrative authorities or other bodies of the
Member State.
References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
Article 29
with the correlation table in Annex II.
The Commission may, in accordance with the procedure
Article 33
referred to in Article 195(2) of Regulation (EC) No
1234/2007 and in the corresponding Articles of the other
This Regulation shall enter into force on the twentieth day
relevant regulations, provide for a derogation from the
following that of its publication in the Official Journal of the
foregoing provisions.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 50, 22.2.1978, p. 1.
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ANNEX I
Repealed Regulation with list of its successive amendments
Commission Regulation (EEC) No 2220/85
(OJ L 205, 3.8.1985, p. 5)
Commission Regulation (EEC) No 1181/87
(OJ L 113, 30.4.1987, p. 31)
Commission Regulation (EEC) No 3745/89
(OJ L 364, 14.12.1989, p. 54)
Commission Regulation (EC) No 3403/93
(OJ L 310, 14.12.1993, p. 4)
Commission Regulation (EC) No 1932/1999
(OJ L 240, 10.9.1999, p. 11)
Commission Regulation (EC) No 673/2004
(OJ L 105, 14.4.2004, p. 17)
Commission Regulation (EC) No 1713/2006
Article 3 only
(OJ L 321, 21.11.2006, p. 11)
Commission Regulation (EC) No 1913/2006
Article 12 only
(OJ L 365, 21.12.2006, p. 52)
L 92/12
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ANNEX II
Correlation Table
Regulation (EEC) No 2220/85 This
Regulation
Title I Chapter
I
Article 1, introductory part Article
1,
introductory
part
Article 1(a) Article
1(a)
Article 1(b) Article
1(b)
Article 1(c)
—
Article 1(d)
—
Article 1(e)
—
Article 1(f) Article
1(c)
Article 2 Article
2,
second
paragraph
Article 3, introductory words Article
3,
introductory
words
Article 3(a), first subparagraph Article
3(a)
Article 3(a), second subparagraph Article
2,
first
paragraph
Article 3(b), (c) and (d) Article
3(b),
(c)
and
(d)
Title II Chapter
II
Articles 4, 5 and 6 Articles
4,
5
and
6
Title III Chapter
III
Article 8 Article
7
Article 9 Article
8
Article 10(1)(a) Article
9(1),
first
subparagraph
Article 10(1)(b) Article
9(2),
second
subparagraph
Article 10(1)(c) Article
9(1),
second
subparagraph
Article 10(2)(a) Article
9(2),
first
subparagraph
Article 10(2)(b) Article
9(2),
third
subparagraph
Article 11 Article
10
Article 12 Article
11
Article 13 Article
12
Article 14 Article
13
Article 15 Article
14
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Regulation (EEC) No 2220/85 This
Regulation
Article 16 Article
15
Article 17 Article
16
Title IV Chapter
IV
Article 18, introductory words and indent Article
17
Article 19 Article
18
Title V Chapter
V
Article 20 Article
19
Article 21 Article
20
Article 22 Article
21
Article 23(1) Article
22(1)
Article 23(2), introductory words Article
22(2),
introductory
words
Article 23(2)(a) Article
22(2),
introductory
words
Article 23(2)(b), first indent, introductory words Article
22(2)(a),
introductory
words
Article 23(2)(b), first indent, first sub-indent Article
22(2)(a)(i)
Article 23(2)(b), first indent, second sub-indent Article
22(2)(a)(ii)
Article 23(2)(b), second indent, introductory words Article
22(2)(b),
introductory
words
Article 23(2)(b), second indent, first sub-indent Article
22(2)(b)(i)
Article 23(2)(b), second indent, second sub-indent Article
22(2)(b)(ii)
Article 23(2)(b), third indent, introductory words Article
22(2)(c),
introductory
words
Article 23(2)(b), third indent, first sub-indent Article
22(2)(c)(i)
Article 23(2)(b), third indent, second sub-indent Article
22(2)(c)(ii)
Article 23(3) Article
22(3)
Article 24 Article
23
Article 25 Article
24
Article 26 Article
25
Title VI Chapter
VI
Article 27 Article
26
Article 28 Article
27
Article 29 Article
28
Article 30 Article
29
Title VII Chapter
VII
L 92/14
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Regulation (EEC) No 2220/85 This
Regulation
Article 31 Article
30
Article 32 Article
31
— Article
32
Article 33 Article
33
— Annex
I
— Annex
II
EN
Official Journal of the European Union
30.3.2012
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 282/2012
of 28 March 2012
laying down common detailed rules for the application of the system of securities for agricultural
products
(codification)
THE EUROPEAN COMMISSION,
Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No
378/2007 and repealing Regulation (EC) No 1782/2003 ( 5 ), and
in particular Article 142(c) thereof,
Having regard to the Treaty on the Functioning of the European
Union,
Having regard to Council Regulation (EC) No 2799/98 of
15 December 1998 establishing agrimonetary arrangements
for the euro ( 6 ), and in particular Article 9 thereof,
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
Whereas:
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 43(a), (d), (f) and (j), Article 47(2), Article 134,
Article 143(b), Article 148, Article 161(3), Article 171 and
Article 172(2),
(1) Commission
Regulation
(EEC)
No
2220/85
of
22
July
1985 laying down common detailed rules for the appli
cation of the system of securities for agricultural prod
ucts ( 7 ) has been substantially amended several times ( 8 ).
Having regard to Council Regulation (EC) No 104/2000 of
In the interests of clarity and rationality the said Regu
17 December 1999 on the common organisation of the
lation should be codified.
markets in fishery and aquaculture products ( 2 ), and in particular
Articles 37 and 38 thereof,
(2) Numerous
provisions
in
agricultural
regulations
of
the
Union require that a security be given to ensure
Having regard to Council Regulation (EC) No 1216/2009 of
payment of a sum due if an obligation is not met.
30 November 2009 laying down the trade arrangements
However, experience has shown that this requirement is
applicable to certain goods resulting from the processing of
in practice interpreted in widely differing fashions.
agricultural products
(
Therefore, in order to avoid unequal competitive
3 ), and in particular Article 4(4),
Article 6(4), Article 7(3), and Article 11(4) thereof,
conditions, the requirement should be defined.
(3)
In particular, the form of the security should be defined.
Having regard to Council Regulation (EC) No 247/2006 of
30 January 2006 laying down specific measures for agriculture
in the outermost regions of the Union ( 4 ), and in particular
Article 25 thereof,
(4) Many
provisions
in
agricultural
regulations
of
the
Union
provide that the security given is forfeited if any
obligation secured is breached, without making any
distinction between breaches of fundamental and of
Having regard to Council Regulation (EC) No 73/2009 of
secondary or subordinate obligations. In the interests of
19 January 2009 establishing common rules for direct
equity a distinction should be drawn between the
support schemes under the common agricultural policy and
consequences of breaching a fundamental obligation
establishing certain support schemes for farmers, amending
and the consequences of breaching a secondary or
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 5 ) OJ L 30, 31.1.2009, p. 16.
( 2 ) OJ L 17, 21.1.2000, p. 22.
( 6 ) OJ L 349, 24.12.1998, p. 1.
( 3 ) OJ L 328, 15.12.2009, p. 10.
( 7 ) OJ L 205, 3.8.1985, p. 5.
( 4 ) OJ L 42, 14.2.2006, p. 1.
( 8 ) See Annex I.
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subordinate one. In particular, provision should be made,
HAS ADOPTED THIS REGULATION:
where permissible, for forfeiture of only a part of the
security where the fundamental obligation is in fact
met but the deadline set for meeting it has been
CHAPTER I
slightly exceeded, or when a secondary or subordinate
SCOPE AND DEFINITIONS
obligation is not met.
Article 1
This Regulation lays down the rules governing securities to be
(5) No
distinction
between
the
consequences
of
failure
to provided, either under the following regulations or under any
meet an obligation should be made based on whether
regulations adopted pursuant to those regulations, unless other
or not an advance payment has been received. Accord
rules are laid down by those regulations:
ingly, securities given against advances should be covered
by separate rules.
(a) regulations laying down the common organisation of
markets in certain agricultural products:
(6) The
costs
of
lodging
a
security,
incurred
by
both
the
party giving the security and the competent authority,
— Regulation (EC) No 104/2000 (fishery and aquaculture
may be out of proportion to the sum whose payment
products),
the security guarantees if that sum is below a certain
limit. Competent authorities should therefore have the
right to waive the requirement of a security for
— Regulation (EC) No 1234/2007 (Single CMO Regu
payment of a sum below that limit. Further, a
lation);
competent authority should be empowered to waive
the requirement of a security where the nature of the
(b) Regulation (EC) No 73/2009 (direct support schemes);
person required to meet the obligations makes that
requirement unnecessary.
(c) Regulation (EC) No 1216/2009 (trade arrangements
applicable to certain goods resulting from the processing
of agricultural products).
(7) A
competent
authority
should
have
the
right
to
refuse
a
security offered where it considers it to be unsatisfactory.
Article 2
This Regulation shall apply in all cases where the regulations
(8)
A time limit for furnishing the evidence needed for the
referred to in Article 1 provide for a security as defined in
release of a sum secured should be laid down where no
Article 3, whether or not the particular term ‘security’ is used.
such time limit is laid down elsewhere.
This Regulation shall not apply to securities given to ensure
(9) In
connection
with
the
exchange
rate
to
be
used
for payment of import and export duties referred to in Council
converting a sum secured expressed in euro into
Regulation (EEC) No 2913/92 ( 2 ).
national currency, the operative event referred to in
Article 3 of Regulation (EC) No 2799/98, should be
Article 3
defined in accordance with Commission Regulation
(EC) No 1913/2006 ( 1 ).
For the purposes of this Regulation, the following definitions
shall apply:
(10) The
procedure
to
be
followed
once
a
security
is
forfeited
(a) ‘security’ means the assurance that a sum of money will be
should be laid down.
paid or forfeited to a competent authority if a particular
obligation is not met;
(11) The
Commission should
be enabled to monitor the
(b) ‘block security’ means a security made available to the
implementation of the provisions on securities.
competent authority with the purpose of ensuring that
more than one obligation is met;
(12) This
Regulation
lays
down
the
rules
to
apply
generally,
unless specific Union legislation lays down different rules.
(c) ‘obligation’ means a requirement or set of requirements,
imposed by a regulation, to perform or to refrain from
performing an act;
(13) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Management
(d) ‘competent authority’ means either a party authorised to
Committee for the Common Organisation of Agricultural
accept a security or a party authorised to decide in
Markets and were submitted for information to the other
accordance with the relevant regulation if a security is to
competent committees,
be released or forfeited.
( 1 ) OJ L 365, 21.12.2006, p. 52.
( 2 ) OJ L 302, 19.10.1992, p. 1.
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CHAPTER II
(e) pledging bonds, issued by mortgage credit associations,
listed on a public stock exchange and for sale on the
REQUIREMENT OF A SECURITY
open market, provided that their credit rating ranks equal
Article 4
with that of government bonds.
A security shall be given by or on behalf of the party
responsible for paying the sum of money due if an obligation
3. The
competent
authority
may
impose
additional
terms
for
is not met.
accepting securities of the type listed in paragraph 2.
Article 5
Article 8
1. The
competent
authority
may
waive
the
requirement
of
a The competent authority shall refuse to accept or shall require
security where the value of the sum secured is less than EUR
the replacement of any security which it considers inadequate or
500.
unsatisfactory or which does not provide cover for a sufficient
period.
2.
Where use is made of the facility in paragraph 1, the party
concerned shall undertake in writing to pay a sum equal to that
Article 9
which he would have been required to pay had he given a
1. Assets
mortgaged
in
accordance
with
Article
7(2)(a)
or
security and that security has subsequently been forfeited in
securities or bonds pledged in accordance with Article 7(2)(d)
part or entirely.
and (e) shall, at the time the security is given, have a disposable
value of at least 115 % of the value of the security required.
Article 6
The competent authority may waive the requirement of a
A competent authority may accept a security of the type listed
security where the party responsible for meeting the obligation
in Article 7(2)(a), (d) or (e) only if the party offering it under
is either:
takes, in writing, either to give an additional security or to
replace the original security should the disposable value of the
assets, securities or bonds in question have been for a period of
(a) a public body responsible for executing the duties of a
three months below 105 % of the value of the security required.
public authority; or
This written undertaking shall not be necessary where national
law already so provides. The competent authority shall regularly
review the value of such assets, securities or bonds.
(b) a private body executing duties referred to in point (a) under
State supervision.
2. The
disposable
value
of
a
security
as
referred
to
in
Article 7(2)(a), (d) and (e) shall be assessed by the competent
CHAPTER III
authority, taking, into account any costs of disposal.
FORM OF SECURITIES
Article 7
The disposable value of securities or bonds shall be assessed
using the last available quotation.
1. A
security
may
be
given
by:
The party giving the security shall, at the request of the
(a) making a cash deposit as referred to in Articles 12 and 13;
competent authority, provide proof of its disposable value.
and/or
Article 10
(b) providing a guarantor as defined in Article 15(1).
1. Any
security
may
be
replaced
by
another.
2. At the discretion of the competent authority, a security
may be given by:
However, the agreement of the competent authority shall be
required in the following cases:
(a) providing a mortgage; and/or
(a) where the original security has been forfeited but not yet
realised; or
(b) pledging cash deposits in a bank; and/or
(b) where the replacement security is of a type listed in
(c) pledging recognised claims against a public body or public
Article 7(2).
funds, which are due and payable and against which no
other claim has precedence; and/or
2. A
block
security
may
be
replaced
by
another
block
security on condition that the new block security covers at
(d) pledging securities negotiable in the Member State
least that part of the original block security assigned at the
concerned provided they are issued or guaranteed by that
time of replacement to ensure fulfilment of one or more
Member State; and/or
obligations still outstanding.
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Article 11
3. The
competent
authority
may
accept
a
written
telecom
munication sent by the guarantor as constituting a written
1. Securities
as
referred
to
in
Article
1
shall
be
constituted
in guarantee. If the competent authority does so accept, it shall
euro.
take whatever steps are required to satisfy itself that the tele
communication is genuine.
2. Notwithstanding
paragraph
1,
where
the
security
is
accepted in a Member State outside the euro area, in national
currency, the amount of the security in euro shall be converted
4. Where
a
written
block
guarantee
has
already
been
given,
into that currency in accordance with Article 10 of Regulation
the competent authority shall determine the procedure to be
(EC) No 1913/2006. The undertaking corresponding to the
followed by which all or part of the block guarantee shall be
security and any amount withheld in the event of irregularities
allocated to a particular obligation.
or breaches shall remain fixed in euro.
Article 16
Article 12
As soon as part of a block security is assigned to a particular
Where cash is deposited by transfer it shall not be regarded as
obligation, the balance of the block security remaining shall be
establishing a security until the competent authority is satisfied
noted.
that it has the amount at its disposal.
Article 13
CHAPTER IV
1. A
cheque
for
a
sum
whose
payment
is
guaranteed
by
a
ADVANCE PAYMENTS
financial institution recognised for the purpose by the Member
Article 17
State of the competent authority concerned shall be treated as a
cash deposit. The competent authority need not present such a
The provisions of this Chapter shall apply in all cases where
cheque for payment until the period for which it is guaranteed
specific Union rules provide that a sum may be advanced before
is about to expire.
the obligation has been met.
2. A
cheque,
other
than
as
referred
to
in
paragraph
1,
shall
Article 18
constitute a security only when the competent authority is
satisfied that it has the amount at its disposal.
1. The
security
shall
be
released
when:
3. Any
charges
by
a
financial
institution
shall
be
borne
by
the party giving the security.
(a) final entitlement to the sum granted as advance has been
established; or
Article 14
(b) the sum granted, plus any addition provided for in the
No interest shall be paid to the party giving a security in the
specific Union rules, has been repaid.
form of a cash deposit.
Article 15
2. Once the deadline for showing final entitlement to the
sum granted has passed without production of evidence of
1. The
guarantor
shall
have
his
normal
residence
or
an
estab
entitlement, the competent authority shall immediately follow
lishment in the Union and, subject to the provisions of the
the procedure in Article 28.
Treaty concerning freedom to supply services, be approved by
the competent authority of the Member State in which the
security is given. The guarantor shall be bound by a written
The deadline may be postponed in a case of force majeure.
guarantee.
2. The written guarantee shall state at least:
However, where Union legislation so provides, evidence may
still be produced after that date against partial repayment of
the security.
(a) the obligation or, in the case of a block security, the type(s)
of obligation against whose fulfilment it guarantees the
payment of a sum of money;
3. If
the force majeure provisions in Union legislation permit
repayment of the advance alone, the following further
(b) the maximum liability to pay that the guarantor accepts;
conditions shall apply:
(c) that the guarantor undertakes jointly and severally with the
(a) the circumstances claimed as force majeure shall be notified
party responsible for meeting the obligation to pay, within
to the competent authority not later than 30 days after the
30 days of demand by the competent authority, any sum,
day on which information was received by the party
within the limit of the guarantee, due once a security is
concerned that circumstances indicating a possible case of
declared forfeit.
force majeure had arisen; and
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(b) the party concerned shall repay the sum advanced or the
3. Where
evidence
that
all
primary
requirements
have
been
relevant part of it within 30 days from the date on which
met is produced within 18 months of the deadline in paragraph
the competent authority issues a request for repayment.
2, 85 % of the sum forfeited shall be repaid.
Where evidence that all primary requirements have been met is
If the conditions laid down in points (a) and (b) are not
produced within 18 months of that deadline in circumstances
respected, the terms of repayment shall be the same as if
where the relevant secondary requirement has not been met, the
circumstances of force majeure had not occurred.
sum to be repaid shall be the sum that would have been
repayable under Article 22(2), less 15 % of the relevant part
of the sum secured.
CHAPTER V
RELEASE AND FORFEITURE OF SECURITIES OTHER THAN
4. No
repayment
shall
be
made
where
evidence
that
all
THOSE REFERRED TO IN CHAPTER IV
primary requirements have been respected is produced after
the 18 months period referred to in paragraph 3 has expired
Article 19
unless force majeure prevented production of this evidence within
1. An obligation may include primary,
secondary or that period.
subordinate requirements.
Article 22
1. If the evidence laid down by the specific Union rules is
2. A
primary
requirement
is
a
requirement,
basic
to
the produced within the specified period that all primary
purposes of the regulation imposing it, to perform, or to
requirements have been met, in circumstances where a
refrain from performing, an act.
secondary requirement has been breached, a partial release of
the security shall be made and the rest of the sum secured
forfeited. The procedure in Article 28 for recovering the sum
3. A
secondary
requirement
is
a
requirement
to
respect
the forfeited shall be followed.
time limit for fulfilling a primary requirement.
2. The
proportion
of
the
security
released
shall
be:
the
security covering the relevant part of the sum secured less
4. A
subordinate
requirement
is
any
other
requirement 15 %, and
imposed by a regulation.
(a) 10 % of the sum remaining after deduction of the 15 % for
each day by which:
5. This
Chapter
shall
not
apply
where
the
specific
Union
rules have not defined the primary requirements.
(i) a maximum period of 40 days or less has been
exceeded;
6. For the purposes of this Chapter ‘the relevant part of the
sum secured’ means the part of the sum secured corresponding
(ii) a minimum period of 40 days or less has not been
to the quantity for which a requirement has been breached.
respected;
Article 20
(b) 5 % of the sum remaining after deduction of the 15 % for
each day by which:
Once the evidence laid down by the specific Union rules has
been furnished that all primary, secondary and subordinate
requirements have been fulfilled, the security shall be released.
(i) a maximum period of between 41 and 80 days has been
exceeded;
Article 21
(ii) a minimum period of between 41 and 80 days has not
been respected;
1.
A security shall be forfeit in full for the quantity for which
a primary requirement is not fulfilled, unless force majeure
prevented fulfilment.
(c) 2 % of the sum remaining after deduction of the 15 % for
each day by which:
2. A
primary
requirement
shall
be
considered
to
have
been
(i) a maximum period of 81 days or more has been
breached if the relevant evidence is not produced within the
exceeded;
time limit set for the production of that evidence unless force
majeure prevented production of such evidence within that time
limit. The procedure in Article 28 for recovering the sum
(ii) a minimum period of 81 days or more has not been
forfeited shall immediately be followed.
respected.
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3. This
Article
shall
not
apply
to
periods
for
either
applying (a) 12 months from the time limit specified for respecting all
for, or using, import and export licences and advance fixing
primary requirements; or
certificates, or to periods relating to the fixing of import and
export levies and export refunds by tender.
(b) where no such time limit as referred to in point (a) is
Article 23
specified, 12 months from the date by which all primary
requirements have been met.
1. Failure
to
fulfil
one
or
more
subordinate
requirements
shall lead to forfeiture of 15 % of the relevant part of the
sum secured unless force majeure prevented fulfilment.
2. The
period
laid
down
in
paragraph
1
shall
not
exceed
three years from the time the security was assigned to a
particular obligation, except in cases of force majeure.
2. The
procedure
laid
down
in
Article
28
for
recovery
of
the
sum forfeited shall immediately be put into effect.
Article 28
3. This
Article
shall
not
apply
in
circumstances
where
Article 21(3) applies.
1. Once
the
competent
authority
is
aware
of
circumstances
giving rise to forfeiture of the security, in whole or in part, it
shall without delay demand the party required to meet the
Article 24
obligation to pay the sum forfeited, allowing up to 30 days
from the day of receipt of demand for payment.
If evidence is produced that all primary requirements have been
observed but both a secondary and a subordinate requirement
have been breached, Articles 22 and 23 shall apply and the
Where payment has not been made at the end of this period,
total sum to be forfeit shall be the sum forfeit in accordance
the competent authority shall:
with Article 22 plus 15 % of the relevant part of the sum
secured.
(a) without delay clear any security of the type described in
Article 25
Article 7(1)(a) to the appropriate account;
The total sum forfeited shall not exceed 100 % of the relevant
part of the sum secured.
(b) without delay require the guarantor described in
Article 7(1)(b) to pay, allowing up to 30 days from the
CHAPTER VI
day of receipt of demand for payment;
GENERAL PROVISIONS
Article 26
(c) without delay take steps to:
1. A
security
shall
on
request
be
released
in
part
where
the
relevant evidence has been furnished in relation to part of a
quantity of product, provided that that part is not less than any
(i) convert the securities described in Article 7(2)(a), (c), (d)
minimum quantity specified in the regulation requiring the
and (e) into money sufficient to recover the sum due;
security.
(ii) clear pledged cash deposits referred to in Article 7(2)(b)
Where the specific Union rules do not specify a minimum
to its own account.
quantity, the competent authority may itself restrict the
number of partial releases of any one security, and may
specify a minimum sum for any such release.
The competent authority may without delay clear any security
of the type described in Article 7(1)(a) to the appropriate
2. Before
releasing
all
or
part
of
a
security
the
competent account without first requiring the person concerned to effect
authority may require that a written request for release be
payment.
furnished.
2. The
competent
authority
may
waive
the
forfeiture
of
an
3. In
the
case
of
securities
covering,
in
accordance
with amount less than EUR 60, provided that similar national
Article 9(1), more than 100 % of the sum required to be
provisions for comparable cases are laid down by law, regu
secured, that part of the security exceeding 100 % shall be
lation or administrative action.
released when the remainder of the sum secured is finally
released or forfeited.
3. Without
prejudice
to
paragraph
1,
where
the
decision
to
Article 27
forfeit a security is taken but on appeal is subsequently
postponed in accordance with national law, the party
1. Where no period is laid down for producing the evidence
concerned shall pay interest on the sum actually forfeited
needed to release a sum secured, such period shall be:
over the period starting 30 days from the day of receipt of
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the demand for payment as referred to in the first subparagraph
CHAPTER VII
of paragraph 1 and ending on the day prior to the payment of
the sum actually forfeited.
INFORMATION
Article 30
Where following the outcome of the appeal procedure the party
1. Member
States
shall
keep
available
for
the
Commission,
concerned is asked to pay within 30 days the sum forfeited, for
for each year, the total number and sum of securities forfeited,
the purposes of calculating interest the Member State may
whatever stage of the procedure in Article 28 has been reached,
consider payment to be made on the 20th day following the
distinguishing in either case between those credited to the
date of such request.
national budgets and those credited to the budget of the Union.
The rate of interest applicable is calculated according to the
2. The
information
referred
to
in
paragraph
1
shall
be
kept
provisions of national law, but shall in no case be lower than
in relation to all securities forfeited for an amount greater than
the interest rate applicable in case of recovery of national
EUR 1 000 and each Union provision requiring that a security
amounts.
be given.
3. Information
shall
cover
both
sums
paid
directly
by
the
The paying agencies shall deduct the interest paid from the
interested party and sums recovered by realising a security.
expenditure of the European Agricultural Guarantee Fund
(EAGF) or the European Agricultural Fund for Rural Devel
opment (EAFRD) in accordance with the provisions of
Article 31
Council Regulation (EEC) No 352/78 ( 1 ).
Member States shall keep the following information available
for the Commission:
Member States may claim periodically a supplementation of the
security in respect of the interest involved.
(a) the types of institutions authorised to act as guarantors and
the requirements laid down;
Where a security has been forfeited and the amount already
credited to the EAGF or to the EAFRD and, following the
(b) the types of security accepted pursuant to Article 7(2) and
outcome of an appeal procedure, the sum forfeited in whole
the requirements laid down.
or in part, including interest at a rate in accordance with
national law, is to be repaid, the sum to be repaid shall be
Article 32
borne by the EAGF or by the EAFRD unless the repayment
of the security is attributable to the negligence or serious
Regulation (EEC) No 2220/85 is repealed.
mistake of administrative authorities or other bodies of the
Member State.
References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
Article 29
with the correlation table in Annex II.
The Commission may, in accordance with the procedure
Article 33
referred to in Article 195(2) of Regulation (EC) No
1234/2007 and in the corresponding Articles of the other
This Regulation shall enter into force on the twentieth day
relevant regulations, provide for a derogation from the
following that of its publication in the Official Journal of the
foregoing provisions.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 March 2012.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 50, 22.2.1978, p. 1.
EN
30.3.2012 Official
Journal
of
the
European
Union L
92/11
ANNEX I
Repealed Regulation with list of its successive amendments
Commission Regulation (EEC) No 2220/85
(OJ L 205, 3.8.1985, p. 5)
Commission Regulation (EEC) No 1181/87
(OJ L 113, 30.4.1987, p. 31)
Commission Regulation (EEC) No 3745/89
(OJ L 364, 14.12.1989, p. 54)
Commission Regulation (EC) No 3403/93
(OJ L 310, 14.12.1993, p. 4)
Commission Regulation (EC) No 1932/1999
(OJ L 240, 10.9.1999, p. 11)
Commission Regulation (EC) No 673/2004
(OJ L 105, 14.4.2004, p. 17)
Commission Regulation (EC) No 1713/2006
Article 3 only
(OJ L 321, 21.11.2006, p. 11)
Commission Regulation (EC) No 1913/2006
Article 12 only
(OJ L 365, 21.12.2006, p. 52)
L 92/12
EN
Official Journal of the European Union
30.3.2012
ANNEX II
Correlation Table
Regulation (EEC) No 2220/85 This
Regulation
Title I Chapter
I
Article 1, introductory part Article
1,
introductory
part
Article 1(a) Article
1(a)
Article 1(b) Article
1(b)
Article 1(c)
—
Article 1(d)
—
Article 1(e)
—
Article 1(f) Article
1(c)
Article 2 Article
2,
second
paragraph
Article 3, introductory words Article
3,
introductory
words
Article 3(a), first subparagraph Article
3(a)
Article 3(a), second subparagraph Article
2,
first
paragraph
Article 3(b), (c) and (d) Article
3(b),
(c)
and
(d)
Title II Chapter
II
Articles 4, 5 and 6 Articles
4,
5
and
6
Title III Chapter
III
Article 8 Article
7
Article 9 Article
8
Article 10(1)(a) Article
9(1),
first
subparagraph
Article 10(1)(b) Article
9(2),
second
subparagraph
Article 10(1)(c) Article
9(1),
second
subparagraph
Article 10(2)(a) Article
9(2),
first
subparagraph
Article 10(2)(b) Article
9(2),
third
subparagraph
Article 11 Article
10
Article 12 Article
11
Article 13 Article
12
Article 14 Article
13
Article 15 Article
14
EN
30.3.2012 Official
Journal
of
the
European
Union L
92/13
Regulation (EEC) No 2220/85 This
Regulation
Article 16 Article
15
Article 17 Article
16
Title IV Chapter
IV
Article 18, introductory words and indent Article
17
Article 19 Article
18
Title V Chapter
V
Article 20 Article
19
Article 21 Article
20
Article 22 Article
21
Article 23(1) Article
22(1)
Article 23(2), introductory words Article
22(2),
introductory
words
Article 23(2)(a) Article
22(2),
introductory
words
Article 23(2)(b), first indent, introductory words Article
22(2)(a),
introductory
words
Article 23(2)(b), first indent, first sub-indent Article
22(2)(a)(i)
Article 23(2)(b), first indent, second sub-indent Article
22(2)(a)(ii)
Article 23(2)(b), second indent, introductory words Article
22(2)(b),
introductory
words
Article 23(2)(b), second indent, first sub-indent Article
22(2)(b)(i)
Article 23(2)(b), second indent, second sub-indent Article
22(2)(b)(ii)
Article 23(2)(b), third indent, introductory words Article
22(2)(c),
introductory
words
Article 23(2)(b), third indent, first sub-indent Article
22(2)(c)(i)
Article 23(2)(b), third indent, second sub-indent Article
22(2)(c)(ii)
Article 23(3) Article
22(3)
Article 24 Article
23
Article 25 Article
24
Article 26 Article
25
Title VI Chapter
VI
Article 27 Article
26
Article 28 Article
27
Article 29 Article
28
Article 30 Article
29
Title VII Chapter
VII
L 92/14
EN
Official Journal of the European Union
30.3.2012
Regulation (EEC) No 2220/85 This
Regulation
Article 31 Article
30
Article 32 Article
31
— Article
32
Article 33 Article
33
— Annex
I
— Annex
II
Document Outline
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