HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 202/34
EN
Official Journal of the European Union
5.8.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 780/2011
of 4 August 2011
derogating from Regulation (EC) No 1122/2009 and Regulation (EU) No 65/2011 as regards the
reduction of the amounts of the aid for late submission of single applications in relation to
mainland Portugal for 2011
THE EUROPEAN COMMISSION,
of Commission Regulation (EC) No
1121/2009 of
29 October 2009 laying down detailed rules for the
Having regard to the Treaty on the Functioning of the European
application of Council Regulation (EC) No 73/2009 as
Union,
regards the support schemes for farmers provided for
in Titles IV and V thereof ( 5 ) and certain applications
for aid granted under Regulation (EC) No 1698/2005
Having regard to Council Regulation (EC) No 1698/2005 of
form part of the single application.
20 September 2005 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD) ( 1 ),
and in particular Article 91 thereof,
(4) In
accordance
with
Article
11(2)
of
Regulation
(EC)
Having regard to Council Regulation (EC) No 73/2009 of
No 1122/2009 and Article 8(1) of Regulation (EU)
19 January 2009 establishing common rules for direct
No 65/2011, Portugal has fixed 15 May of the appli
support schemes for farmers under the common agricultural
cation year as the latest day until which single appli
policy and establishing certain support schemes for farmers,
cations for 2011 can be submitted. As regards single
amending Regulations (EC) No 1290/2005, (EC) No 247/2006,
applications including an application for the ewe and
(EC) No
378/2007 and repealing Regulation (EC)
goat premium, Portugal has, in accordance with
No 1782/2003 ( 2 ), and in particular Article 142(c) thereof,
Article 35(2) of Regulation (EC) No 1121/2009, fixed
30 April of the application year as the latest day until
Whereas:
which applications for the ewe and goat premium for

2011 can be submitted.
(1) Commission Regulation (EC) No
1122/2009 of
30 November 2009 laying down detailed rules for the
implementation of Council Regulation (EC) No 73/2009
(5) In
accordance
with
Article
22
of
Regulation
(EC)
as regards cross-compliance, modulation and the inte
No 1122/2009, where the latest date for the submission
grated administration and control system, under the
of an aid application or any supporting documents,
direct support schemes for farmers provided for that
contracts or declarations under Title II of Part II of Regu
Regulation, as well as for the implementation of
lation (EC) No 1122/2009 is a public holiday, a Saturday
Council Regulation (EC) No
1234/2007 as regards
or a Sunday, it shall be deemed to fall on the first
cross-compliance under the support scheme provided
following working day. It follows that in 2011 single
for the wine sector ( 3 ) provides, in its Article 23(1), for
applications can be submitted at the latest until
reductions to be applied in the case of late submission of
16 May 2011 which is the first working day following
an aid application as well as documents, contracts or
15 May 2011. More specifically as regards single appli
declarations which are constitutive for the eligibility for
cations including an application for the ewe and goat
the aid.
premium, such applications can be submitted at the
latest until 2 May 2011 which is the first working day
(2) According
to
Article
8(3)
of
Commission
Regulation
(EU)
following 30 April 2011.
No 65/2011 of 27 January 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
(6) Article
6
of
Regulation
(EC)
No
1122/2009
requires
development support measures ( 4 ), Articles 22 and 23 of
Member States to ensure that agricultural parcels are
Regulation (EC) No 1122/2009 apply mutatis mutandis to
reliably identified and requires the single application to
payment claims under Title I of Part II of Regulation (EU)
be accompanied by documents identifying the parcels in
No 65/2011.
order to enable the implementation of the control
system.
(3) Portugal
has
implemented
a
system
of
single
aid
appli
cation which covers, pursuant to Article 19(3) of Regu
lation (EC) No 73/2009, several support schemes. In
particular, applications for single payment scheme
(7)
In response to deficiencies related to the identification of
under Title III of Regulation (EC) No 73/2009, appli
agricultural parcels, which were regularly detected in the
cations for ewe and goat premiums under Article 35
past, Portugal implemented an ‘Action Plan’ in liaison
with the Commission. This commitment includes in
particular the update of the Land Parcel Identification
( 1 ) OJ L 277, 21.10.2005, p. 1.
System (LPIS) in Portugal.
( 2 ) OJ L 30, 31.1.2009, p. 16.
( 3 ) OJ L 316, 2.12.2009, p. 65.
( 4 ) OJ L 25, 28.1.2011, p. 8.
( 5 ) OJ L 316, 2.12.2009, p. 27.

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EN
5.8.2011 Official
Journal
of
the
European
Union L
202/35
(8) In
relation
to
the
implementation
of
these
commitments,
application system at the latest by 16 May 2011 and
Portugal has increased its administrative capacity to
were finalised and submitted at the latest 14 calendar
receive aid applications and, compared to 2010,
days after 16 May 2011.
anticipated the starting date to receive aid applications
to 1 February 2011.
(14) Since
the
proposed
derogations
should
cover
the
single
applications submitted for aid year 2011, it is appro
priate that this Regulation applies retroactively.
(9) However,
Portugal
has
experienced
exceptional
circum
stances in its administration of the single applications
for 2011 as far as Mainland Portugal is concerned. In
(15) The
measures
provided
for
in
this
Regulation
are
in
particular, due to a delayed finalisation of the photo-
accordance with the opinion of the Rural Development
interpretation of 1 800 000 parcels by an external
Committee and the Management Committee for Direct
contractor, the LPIS could not be updated in line with
Payments,
the envisaged timetable. Farmers were thus only provided
with the updated information about the parcels as of
21 February 2011.
HAS ADOPTED THIS REGULATION:
Article 1
(10) Given the existing technical capacity in Portugal, which
had already been enlarged in anticipation of the imple
1. By way of derogation from Article 23(1) of Regulation
mentation of the ‘Action Plan’, this situation has affected
(EC) No 1122/2009, in respect of the application year 2011,
the ability of applicants to submit single aid applications
no reductions shall apply on grounds of late submission of
for Mainland Portugal within the time limits provided for
single applications in respect of those farmers who created
in Article 11(2) of Regulation (EC) No 1122/2009 and
their single applications for Mainland Portugal in the electronic
Article 35(2) of Regulation (EC) No 1121/2009.
application system at the latest by 16 May 2011 and who
finalised and submitted their applications at the latest 14
calendar days after 16 May 2011.
(11) These
difficulties
are
reinforced
by
the
fact
that
the
appli
cation procedure in Portugal is particularly time-
2. By way of derogation from Article 23(1) of Regulation
consuming given the corrections of reference parcels
(EC) No
1122/2009, where single applications for 2011
boundaries which need to be carefully checked by
include an application for ewe and goat premium, no
farmers following the update of the LPIS. Abiding by
reductions on grounds of late submission of single applications
the deadlines of 16 May 2011 and 2 May 2011
shall apply in relation to that premium in respect of those
respectively is therefore particularly difficult, given the
farmers who created their single applications for Mainland
overall context of the ‘Action Plan’ and the engagements
Portugal in the electronic application system at the latest by
taken by Portugal to improve its integrated adminis
2 May 2011 and who finalised and submitted their applications
tration and control system.
at the latest 14 calendar days after 2 May 2011.
Article 2
(12) It is therefore appropriate not to apply the reductions
By way of derogation from Article 8(3) of Regulation (EU)
provided for in Regulation (EC) No 1122/2009 on
No 65/2011, in respect of the application year 2011, no
grounds of late submission of single applications in
reductions provided for in Article 23(1) of Regulation (EC)
respect of those farmers who created their single appli
No 1122/2009 shall apply in respect of payment claims in
cations for Mainland Portugal in the electronic appli
relation to Mainland Portugal under Title I of Part II of Regu
cation system at the latest by 16 May 2011 or, in the
lation (EU) No 65/2011 on grounds of late submission of single
case of the ewe and goat premium at the latest by 2 May
applications if those applications were created in the electronic
2011, and who finalised and submitted their application
application system at the latest by 16 May 2011 and were
at the latest 14 calendar days after 16 May 2011 or,
finalised and submitted at the latest 14 calendar days after
respectively, 2 May 2011.
16 May 2011.
Article 3
(13) Similarly,
by
way
of
derogation
from
Article
8(3)
of
This Regulation shall enter into force on the day of its publi
Regulation (EU) No 65/2011 and in respect of payment
cation in the Official Journal of the European Union.
claims in relation to Mainland Portugal under Title I of
Part II of Regulation (EU) No 65/2011, it is appropriate
not to apply reductions on grounds of late submission of
single applications which were created in the electronic
It shall apply as from 1 January 2011.

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L 202/36
EN
Official Journal of the European Union
5.8.2011
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 August 2011.
For the Commission
The President
José Manuel BARROSO

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