HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 49/16
EN
Official Journal of the European Union
24.2.2011
COMMISSION REGULATION (EU) No 173/2011
of 23 February 2011
amending Regulations (EC) No 2095/2005, (EC) No 1557/2006, (EC) No 1741/2006, (EC) No
1850/2006, (EC) No 1359/2007, (EC) No 382/2008, (EC) No 436/2009, (EC) No 612/2009, (EC)
No 1122/2009, (EC) No 1187/2009 and (EU) No 479/2010 as regards the notification obligations
within the common organisation of agricultural markets and the direct support schemes for farmers
THE EUROPEAN COMMISSION,
Regulation has to be provided for in the Regulations
establishing a specific notification obligation.
Having regard to the Treaty on the Functioning of the European
Union,
(3) The
Commission
has
developed
an
information
system
that allows managing documents and procedures elec
tronically in its own internal working procedures and
Having regard to Council Regulation (EC) No 1234/2007 of
in its relations with the authorities involved in the
22 October 2007 establishing a common organisation of agri
common agricultural policy.
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 161(3), Article 170, Article 171(1) and Article 192(2),
(4) It
is
considered
that
several
notification
obligations
can
in conjunction with Article 4 thereof,
be fulfilled via that system in accordance with Regulation
(EC) No 792/2009, in particular those provided for in
Commission Regulations (EC) No 2095/2005 of
Having regard to Council Regulation (EC) No 73/2009 of
20 December 2005 laying down detailed rules for the
19 January 2009 establishing common rules for direct
application of Council Regulation (EEC) No 2075/92 as
support schemes for farmers under the common agricultural
regards communication of information on tobacco ( 4 ),
policy and establishing certain support schemes for farmers,
(EC) No 1557/2006 of 18 October 2006 laying down
amending Regulations (EC) No 1290/2005, (EC) No
detailed rules for implementing Council Regulation (EC)
247/2006, (EC) No 378/2007 and repealing Regulation (EC)
No 1952/2005 as regards registration of contracts and
No 1782/2003 (
the communication of data concerning hops ( 5 ), (EC) No

2 ), and in particular Article 142(q) thereof,
1741/2006 of 24 November 2006 laying down the
conditions for granting the special export refund on
boned meat of adult male bovine animals placed under
Whereas:
the customs warehousing procedure prior to export ( 6 ),
(EC) No 1850/2006 of 14 December 2006 laying down
detailed rules for the certification of hops and hop
products ( 7 ), (EC) No 1359/2007 of 21 November
(1) Commission
Regulation
(EC)
No
792/2009
of
31
August
2007 laying down the conditions for granting special
2009 laying down detailed rules for the Member States’
export refunds on certain cuts of boned meat of
notification to the Commission of information and
bovine animals ( 8 ), (EC) No 382/2008 of 21 April
documents in implementation of the common organi
2008 on rules of application for import and export
sation of the markets, the direct payments’ regime, the
licences in the beef and veal sector
( 9 ), (EC) No
promotion of agricultural products and the regimes
436/2009 of 26 May 2009 laying down detailed rules
applicable to the outermost regions and the smaller
for the application of Council Regulation (EC) No
Aegean islands
( 3 ) lays down common rules for
479/2008 as regards the vineyard register, compulsory
notifying information and documents by the competent
declarations and the gathering of information to monitor
authorities of the Member States to the Commission.
the wine market, the documents accompanying
Those rules cover in particular the obligation for the
consignments of wine products and the wine sector
Member States to use the information systems made
registers to be kept ( 10 ), (EC) No 612/2009 of 7 July
available by the Commission and the validation of the
2009 laying down common detailed rules for the appli
access rights of the authorities or individuals authorised
cation of the system of export refunds on agricultural
to send notifications. In addition, that Regulation sets
products ( 11 ), (EC) No 1122/2009 of 30 November
common principles applying to the information
2009 laying down detailed rules for the implementation
systems so that they guarantee the authenticity,
of Council Regulation (EC) No 73/2009 as regards cross-
integrity and legibility over time of the documents and
compliance, modulation and the integrated adminis
provides for personal data protection.
tration and control system, under the direct support
( 4 ) OJ L 335, 21.12.2005, p. 6.
(2) Pursuant
to
Regulation
(EC)
No
792/2009
the
obligation
( 5 ) OJ L 288, 19.10.2006, p. 18.
to use the information systems in accordance with that
( 6 ) OJ L 329, 25.11.2006, p. 7.
( 7 ) OJ L 355, 15.12.2006, p. 72.
( 8 ) OJ L 304, 22.11.2007, p. 21.
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 9 ) OJ L 115, 29.4.2008, p. 10.
( 2 ) OJ L 30, 31.1.2009, p. 16.
( 10 ) OJ L 128, 27.5.2009, p. 15.
( 3 ) OJ L 228, 1.9.2009, p. 3.
( 11 ) OJ L 186, 17.7.2009, p. 1.

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EN
24.2.2011 Official
Journal
of
the
European
Union L
49/17
schemes for farmers provided for in that Regulation, as
‘Article 1
well as for the implementation of Council Regulation
(EC) No 1234/2007 as regards cross-compliance under
1. For
each
harvest,
the
producing
Member
States
shall
the support scheme provided for the wine sector (
notify the Commission, by 31 July of the year following the

1 ), (EC)
No 1187/2009 of 27 November 2009 laying down
harvest year, of the following information given as a total
special detailed rules for the application of Council Regu
and, except for point (a), broken down by the raw tobacco
lation (EC) No 1234/2007 as regards export licences and
variety groups referred to in paragraph 3:
export refunds for milk and milk products ( 2 ) and (EU)
No 479/2010 of 1 June 2010 laying down rules for the
(a) number of first processing enterprises;
implementation of Council Regulation (EC) No
1234/2007 as regards Member States’ notifications to
(b) number of farmers;
the Commission in the milk and milk products sector ( 3 ).
(c) area in hectares;
(5) In
the
interest
of
efficient
administration
and
taking
account of the experience, the notifications should be
(d) quantity delivered in tonnes;
simplified. In particular, it should be established that
only Member States producing tobacco and hop
(e) average price, excluding taxes and other levies, paid to
respectively should be obliged to send the data required
farmers;
under Regulations (EC) No 2095/2005, (EC) No
1557/2006 and (EC) No 1850/2006. Furthermore, for
(f) stocks in tonnes at the end of June of the year following
reasons of clarity, the content of some notifications
the harvest year concerned, held by the first processor.
should be specified in those Regulations.
The price referred to in point (e) shall be expressed in EUR
(6) The
information
that
Member
States
have
to
submit
to
per kg, using if necessary, the most recent exchange rate set
the Commission pursuant to Article 19(1)(b)(ii) and (iii)
by the European Central Bank prior to 1 January of the year
of Regulation (EC) No 436/2009, are to be sent to
following the harvest year.
Eurostat. For reasons of coherence and good adminis
tration, the notifications concerned should be made by
2. For
each
harvest,
the
producing
Member
States
shall
electronic means to the single entry point for data at
notify the Commission, by 31 July of the ongoing harvest
Eurostat, in conformity with the technical specifications
year, of the following information given as a total and
provided by the Commission (Eurostat).
broken down by the raw tobacco variety groups referred
to in paragraph 3:
(7)
The exchange rate to be used should be in coherence
(a) estimated area in hectares;
with the principle established in Article 11 of
Commission Regulation (EC) No 1913/2006 of
20 December 2006 laying down detailed rules for the
(b) estimated production in tonnes.
application of the agrimonetary system for the euro in
agriculture and amending certain regulations (
3. The
variety
groups
of
raw
tobacco
are:

4 ).
(a) Group I: Flue-cured: tobacco dried in ovens with
(8)
Regulations (EC) No 2095/2005, (EC) No 1557/2006,
controlled air circulation, temperature and humidity,
(EC) No 1741/2006, (EC) No 1850/2006, (EC) No
in particular Virginia;
1359/2007, (EC) No 382/2008, (EC) No 436/2009,
(EC) No 612/2009, (EC) No 1122/2009, (EC) No
(b) Group II: Light air-cured: tobacco dried in the air under
1187/2009 and (EU) No 479/2010 should therefore be
cover, not left to ferment, in particular Burley and
amended accordingly.
Maryland;
(9) The
measures
provided
for
in
this
Regulation
are
in
(c) Group III: Dark air-cured: tobacco dried in the air under
accordance with the opinion of the Management
cover, left to ferment naturally before being marketed,
Committee for Direct Payments and the Management
in particular Badischer Geudertheimer, Fermented
Committee for the Common Organisation of Agricultural
Burley, Havana, Mocny Skroniowski, Nostrano del
Markets,
Brenta and Pulawski;
HAS ADOPTED THIS REGULATION:
(d) Group IV: Fire-cured: tobacco dried by fire, in particular
Kentucky and Salento;
Article 1
(e) Group V: Sun-cured: tobacco dried in the sun, also
Regulation (EC) No 2095/2005 is amended as follows:
called ‘Oriental varieties’, in particular Basmas, Katerini
and Kaba-Koulak.
(1) Article 1 is replaced by the following:
4. Member
States
growing
less
than
3
000
hectares
in
the preceding harvest year may notify only the information
( 1 ) OJ L 316, 2.12.2009, p. 65.
referred to in points (b) and (c) of paragraph 1 and
( 2 ) OJ L 318, 4.12.2009, p. 1.
( 3 ) OJ L 135, 2.6.2010, p. 26.
paragraph 2(a) and only given as a total without
( 4 ) OJ L 365, 21.12.2006, p. 52.
breakdown by raw tobacco variety groups.

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L 49/18
EN
Official Journal of the European Union
24.2.2011
5. The
notifications
referred
to
in
paragraphs
1,
2
and
4
(2) the Annex is deleted.
shall be made in accordance with Commission Regulation
(EC) No 792/2009 (*).
Article 3
___________
Article 13 of Regulation (EC) No 1741/2006 is replaced by the
(*) OJ L 228, 1.9.2009, p. 3.’;
following:
‘Article 13
(2) Article 2 is replaced by the following:
Notification to the Commission
‘Article 2
1. Member
States
shall
each
month
notify
the
Commission
Member States shall take the measures necessary to ensure
of the quantities of boned meat of adult male bovine animals
that the economic operators concerned, including producer
placed under the customs warehousing procedure prior to
organisations, provide them with the information required
export in accordance with this Regulation, with a
within the relevant time limits.’;
breakdown of those quantities by 12-figure code of the agri
cultural product nomenclature for export refunds established
(3) Annexes IA, IB, II and III are deleted.
by Regulation (EEC) No 3846/87.
Article 2
Member States shall notify the Commission of the
Regulation (EC) No 1557/2006 is amended as follows:
information referred to in the first subparagraph no later
than the second month following the month in which the
(1) Article 5 is replaced by the following:
declaration of entry into storage is accepted.
‘Article 5
2. The
notifications
referred
to
in
paragraph
1
shall
be
made in accordance with Commission Regulation (EC) No
1. For
each
harvest,
the
producing
Member
States
shall
792/2009 (*).
notify the Commission, by 15 April of the year following
the hop harvest concerned, of the following information
given as a total and, except for points (a) and (g), broken
___________
down by two groups of hops varieties (bitter and aromatic):
(*) OJ L 228, 1.9.2009, p. 3.’.
(a) number of farmers growing hops;
Article 4
(b) area harvested and area newly sown in the harvest year
(in hectares);
Article 23 of Regulation (EC) No 1850/2006 is replaced by the
following:
(c) quantity in tonnes and average farm-gate price of hops
sold under contracts concluded in advance;
‘Article 23
(d) quantity in tonnes and average farm-gate price of hops
Notification to the Commission
sold under other contracts or without contracts;
1. Producing Member States shall notify to the
Commission, by 30 June each year at the latest, of:
(e) quantity of hops in tonnes remaining unsold;
(f) alpha-acid production in tonnes and average alpha-acid
(a) a list of hop production areas;
content (in percent);
(b) a list of the certification centres and the code for each
(g) quantity of hops in tonnes covered by contracts
centre;
concluded in advance for the next harvest.
(c) the names and addresses of the competent certification
The prices referred to in points (c) and (d) shall be expressed
authorities.
in EUR per kg, using, if necessary, the most recent exchange
rate set by the European Central Bank prior to 1 January of
the year following the harvest year.
2. The
notifications
referred
to
in
paragraph
1
shall
be
made in accordance with Commission Regulation (EC) No
2. The
notifications
referred
to
in
paragraph
1
shall
be
792/2009 (*).
made in accordance with Commission Regulation (EC) No
792/2009 (*).
___________
(*) OJ L 228, 1.9.2009, p. 3.’.
3. Member
States
shall
take
the
measures
necessary
to
ensure that the economic operators concerned, including
producer organisations, provide them with the information
required within the relevant time limits.
Article 5
Regulation (EC) No 1359/2007 is amended as follows:
___________
(*) OJ L 228, 1.9.2009, p. 3.’;
(1) in Article 9, paragraph 1 is replaced by the following:

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EN
24.2.2011 Official
Journal
of
the
European
Union L
49/19
‘1. The
Member
States
shall
determine
the
conditions
for
(ii) applications for licences lodged in accordance with
supervision and shall notify the Commission accordingly.
the procedure laid down in Article 47 of Regulation
They shall take all necessary measures to make substitution
(EC) No 376/2008 or the fact that no applications
of the products in question impossible, in particular by
were lodged from Monday to Friday that week;
identification of each piece of meat. Member States shall
notify the Commission of any changes of the conditions
(iii) the quantities for which licences have been issued
for supervision without delay.’;
pursuant to Article 12(6) of this Regulation or the
fact that no licences were issued from Monday to
(2) in Article 10, the introductory phrase is replaced by the
Friday that week;
following:
(iv) the quantities for which licences have been issued in
‘For certificates as provided for in Article 5(1), endorsed by
respect of applications lodged in accordance with
the competent authorities each quarter and covering boned
the procedure laid down in Article 47 of Regulation
cuts produced from hindquarters, the Member States shall
(EC) No 376/2008, indicating the date on which
notify the following no later than the end of the second
the application was lodged and the country of desti
month following each quarter:’;
nation, from Monday to Friday that week;
(3) the following Article 10a is inserted:
(v) the quantities for which export licence applications
‘Article 10a
have been withdrawn pursuant to Article 12(5) of
this Regulation, during that week, indicating the
The notifications to the Commission referred to in this
date on which the application was lodged;
Regulation shall be made in accordance with Commission
Regulation (EC) No 792/2009 (*).
(b) by the 14th day of each month for the previous month:
___________
(i) applications for licences as referred to in Article 15
(*) OJ L 228, 1.9.2009, p. 3.’.
of Regulation (EC) No 376/2008;
(ii) the quantities for which licences have been issued
Article 6
pursuant to Article 10(1) of this Regulation and
Regulation (EC) No 382/2008 is amended as follows:
pursuant to Article 47 of Regulation (EC) No
376/2008 and not used.
(1) in Article 14, paragraph 6 is replaced by the following:
2. The
notifications
referred
to
in
paragraph
1
shall
‘6. Member
States
shall
notify
the
Commission
of:
specify:
(a) by 6 p.m. (Brussels time) on each working day, the total
(a) the quantity by weight of product or the number of
quantity of products for which applications have been
heads for each category referred to in Article 10(5);
lodged;
(b) the quantity breakdown by destination for each
(b) no later than the end of the month following the month
category.’;
in which the applications were lodged, a list of
applicants.’;
(4) the following Article 16a is inserted:
(2) in Article 15, paragraph 6 is replaced by the following:
‘Article 16a
‘6. Member
States
shall
notify
the
Commission
of:
The notifications referred to in this Chapter shall be made
in accordance with Commission Regulation (EC) No
(a) by 6 p.m. (Brussels time) on each working day, the total
792/2009 (*).
quantity of products for which applications have been
lodged;
___________
(*) OJ L 228, 1.9.2009, p. 3.’;
(b) no later than the end of the month following the month
in which the applications were lodged, a list of
applicants.’;
(5) Annex VIII is deleted.
(3) Article 16 is replaced by the following:
Article 7
‘Article 16
Regulation (EC) No 436/2009 is amended as follows:
1. Member
States
shall
notify
the
Commission
of
the
following:
(1) in Article 15, paragraph 1 is replaced by the following:
(a) by Friday each week:
‘1. To
convert
quantities
of
products
other
than
wine
into hectolitres of wine, Member States may set coefficients
(i) applications for licences with advance fixing of the
that may vary according to different objective criteria having
refund lodged in accordance with Article 10(1) or
a bearing on the conversion. Member States shall notify the
the fact that no applications were lodged from
Commission of the coefficients along with the summary
Monday to Friday that week;
provided for in Article 19(1).’;

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L 49/20
EN
Official Journal of the European Union
24.2.2011
(2) the heading of Chapter III of Title II is replaced by the
3. The
notifications
requested
in
this
Regulation
shall
not
following:
prejudice the Member States’ obligations laid down in Regu
lation (EEC) No 357/79 on statistical surveys of areas under
‘CHAPTER III
vines.
Notifications to be made by the Member States’;
4. The
notifications
to
the
Commission
referred
to
in
this
(3) in Article 19(3), the introductory phrase of the first
Regulation shall be made in accordance with Commission
subparagraph is replaced by the following:
Regulation (EC) No 792/2009 (*).
‘With a view to establishing price trends, Member States
However, the notifications referred to in Article 19(1)(b)(ii)
whose wine production during the past five years was on
and (iii) shall be sent by the Member States in electronic
average more than 5 % of the total Union wine production
form or uploaded by electronic means to the single entry
shall notify the Commission of the following in relation to
point for data at Eurostat, in conformity with the technical
the wines referred to in point 1 of Annex XIb to Council
specifications provided by the Commission (Eurostat).
Regulation (EC) No 1234/2007 (*):
___________
___________
(*) OJ L 228, 1.9.2009, p. 3.’.
(*) OJ L 299, 16.11.2007, p. 1.’;
Article 8
(4) Article 49 is replaced by the following:
Article 50 of Regulation (EC) No 612/2009 is replaced by the
following:
‘Article 49
Notification
‘Article 50
1. Each
Member
State
shall
notify
the
Commission
of:
Notification to the Commission
1. Member
States
shall
notify
the
Commission:
(a) the name and address of the competent authority or
authorities for the purposes of implementing this title;
(a) without delay, of cases where Article 27(1) applies. The
Commission shall subsequently notify the other Member
(b) where appropriate, the name and address of any bodies
States;
empowered by a competent authority for the purposes
of implementing this title.
(b) no later than the end of the second month following the
month in which the export declarations have been
2. Each
Member
State
shall
also
notify
the
Commission
accepted, for each 12-digit code, of the quantities of
of:
exported products not covered by export licences with
advance fixing of the refund for the cases referred to in
(a) any subsequent changes concerning the competent
the first indent of the second subparagraph of
authorities and bodies referred to in paragraph 1;
Article 4(1), Article 6 and Article 42. The codes shall
be grouped by sector.
(b) the measures they have taken to implement this title,
where those measures are of specific value for the
2. The notifications to the Commission referred to in this
purposes of cooperation between Member States as
Regulation shall be made in accordance with Commission
referred to in Regulation (EC) No 555/2008.
Regulation (EC) No 792/2009 (*).
3. The Commission shall draw up and keep up to date a
___________
list containing the names and addresses of the competent
(*) OJ L 228, 1.9.2009, p. 3.’.
bodies and authorities based on information notified by the
Member States. The Commission shall publish that list on
the Internet.’;
Article 9
In Article 84 of Regulation (EC) No 1122/2009, the following
(5) Article 50 is replaced by the following:
paragraph 6 is added:
‘Article 50
‘6. The
notifications
referred
to
in
Article
40(2)
and
Notification
paragraph 5 of this Article shall be made in accordance
with Commission Regulation (EC) No 792/2009 (*).
1. Without
prejudice
to
any
specific
provisions
of
this
Regulation, Member States shall take all measures
___________
necessary to ensure that they are able to meet the
(*) OJ L 228, 1.9.2009, p. 3.’.
deadlines for notification set out in this Regulation.
2. Member
States
shall
retain
the
information
recorded
Article 10
under this Regulation for at least five wine years following
the one during which it was recorded.
Regulation (EC) No 1187/2009 is amended as follows:

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EN
24.2.2011 Official
Journal
of
the
European
Union L
49/21
(1) in Article 10, paragraph 1 is replaced by the following:
‘1. Licences
shall
be
issued
at
the
request
of
the
operator, not earlier than 1 June and not later than
15 February of the following year. They shall be
‘1. Export
licences
with
advanced
fixing
of
the
refund
issued only to operators whose licence applications
shall be issued on the fifth working day following the day
were notified in accordance with Article 31(1).
on which applications are submitted, provided that the
quantities for which licences have been applied for have
been notified in accordance with Article 6(1) of
If the information provided by an operator to whom a
Commission Regulation (EU) No 479/2010 (*) and that
licence has been issued is found to be incorrect, the
measures referred to in points (a) and (b) of paragraph 2
licence shall be cancelled and the security forfeited.
of this Article have not been adopted.
Member States shall notify the Commission by the end
___________
of February at the latest for both parts of the quota
(*) OJ L 135, 2.6.2010, p. 26.’;
referred to in Article 28(1), of the quantities for
which no licences were issued, broken down by
product code of the export refund nomenclature.’;
(2) in Article 24(2), the second subparagraph is replaced by the
following:
(b) paragraph 5 is replaced by the following:
‘The Member State shall notify the Commission as soon as
possible of the change of designated importer and the
‘5. By
31
August
each
year
at
the
latest,
Member
Commission shall notify the change to the competent
States shall notify the Commission for both parts of
authorities of the United States.’;
the quota referred to in Article 28(1), and in respect
to the previous 12-month period as referred to in
Article 28(1), of the following quantities, broken
(3) Article 31 is amended as follows:
down by product code of the export refund nomen
clature:
(a) paragraph 1 is replaced by the following:
— the quantity for which licences have been allocated,
‘1. Not
later
than
the
fifth
working
day
following
the
expiry of the period for lodging licence applications,
— the quantity for which licences have been issued,
Member States shall notify the Commission, for each
of the two parts of the quota and for each product
code of the export refund nomenclature, of the
— the quantity exported.’;
quantities covered by licence applications or, where
applicable, that no applications have been lodged.
(5) in Article 33, paragraph 2 is replaced by the following:
Before the notification referred to in the first
subparagraph, Member States shall verify in particular
‘2. The
notifications
to
the
Commission
referred
to
in
that the conditions referred to in Article 27(2) and in
this Regulation shall be made in accordance with
Article 28(1) and (2) are fulfilled.’;
Commission Regulation (EC) No 792/2009 (*).
(b) in paragraph 2, the third subparagraph is replaced by
___________
the following:
(*) OJ L 228, 1.9.2009, p. 3.’;
‘If the application of the allocation coefficient results in
a quantity per applicant of less than 20 tonnes,
applicants may withdraw their applications. In such
(6) Annexes IV, V and VI are deleted.
cases, they shall notify the competent authority within
three working days of publication of the Commission’s
decision. The security shall be released immediately. The
Article 11
competent authority shall notify the Commission,
In Article 7 of Regulation (EU) No 479/2010, the following
within eight working days of publication of the
paragraph 3 is added:
decision, of the quantities broken down by product
codes of the export refund nomenclature, for which
applications have been withdrawn and for which the
‘3. By
way
of
derogation
from
Article
8,
the
notifications
security has been released.’;
referred to in this Article shall be made in accordance with
Commission Regulation (EC) No 792/2009 (*).
(4) Article 32 is amended as follows:
___________
(a) paragraph 1 is replaced by the following:
(*) OJ L 228, 1.9.2009, p. 3.’.

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Official Journal of the European Union
24.2.2011
Article 12
This Regulation shall enter into force on the third day following its publication in the Official Journal of the
European Union.
It shall apply from 1 March 2011.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 February 2011.
For the Commission
The President
José Manuel BARROSO

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