HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 187/26
EN
Official Journal of the European Union
17.7.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 645/2012
of 16 July 2012
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 and Madeira for 2012
THE EUROPEAN COMMISSION,
(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
Having regard to the Treaty on the Functioning of the European
under Title III of Regulation (EC) No 73/2009, appli
Union,
cations for ewe and goat premiums under Article 35
of Commission Regulation (EC) No 1121/2009 of
29 October 2009 laying down detailed rules for the
Having regard to Council Regulation (EC) No 1698/2005 of
application of Regulation (EC) No 73/2009 as regards
20 September 2005 on support for rural development by the
the support schemes for farmers provided for in Titles
European Agricultural Fund for Rural Development (EAFRD) (
IV and V thereof (

1 ),

5 ) and certain applications for aid
and in particular Article 91 thereof,
granted under Regulation (EC) No 1698/2005 form
part of the single application.
Having regard to Council Regulation (EC) No 73/2009 of
19 January 2009 establishing common rules for direct
(4) In
accordance
with
Article
11(2)
of
Regulation
(EC)
No
1122/2009 and Article 8(1) of Regulation (EU) No
support schemes for farmers under the common agricultural
65/2011, Portugal has fixed 15 May 2012 as the latest
policy and establishing certain support schemes for farmers,
day until which single applications for 2012 can be
amending Regulations (EC) No 1290/2005, (EC) No
submitted. As regards single applications including an
247/2006, (EC) No 378/2007 and repealing Regulation (EC)
application for the ewe and goat premium, Portugal
No 1782/2003 ( 2 ), and in particular Article 142(c) thereof,
has, in accordance with Article 35(2) of Regulation
(EC) No 1121/2009, fixed 30 April of the application
year as the latest day until which applications for the ewe
Whereas:
and goat premium for 2012 can be submitted.
(1) Commission
Regulation
(EC)
No
1122/2009 of (5) Article
6
of
Regulation
(EC)
No
1122/2009
requires
30 November 2009 laying down detailed rules for the
Member States to ensure that agricultural parcels are
implementation of Council Regulation (EC) No 73/2009
reliably identified and requires the single application to
as regards cross-compliance, modulation and the inte
be accompanied by documents identifying the parcels in
grated administration and control system, under the
order to enable the implementation of the control
direct support schemes for farmers provided for that
system.
Regulation, as well as for the implementation of
Council Regulation (EC) No 1234/2007 as regards
cross-compliance under the support scheme provided
(6)
In response to deficiencies related to the identification of
for the wine sector ( 3 ) provides, in its Article 23(1), for
agricultural parcels, which were regularly detected in the
reductions to be applied in the case of late submission of
past, Portugal implemented an "Action Plan" in liaison
an aid application as well as documents, contracts or
with the Commission. This commitment includes in
declarations which are constitutive for the eligibility for
particular the update of the Land Parcel Identification
the aid.
System (LPIS) in Portugal.
(2)
According to Article 8 (3) of Commission Regulation
(7) Portugal
has
experienced
exceptional
circumstances
in
its
(EU) No 65/2011 of 27 January 2011 laying down
administration of the single applications for 2012 as far
detailed rules for the implementation of Council Regu
as Mainland Portugal and Madeira are concerned. In a
lation (EC) No 1698/2005, as regards the implemen
second phase of the "Action Plan" Portugal should have
tation of control procedures as well as cross-compliance
reviewed approximately 1 600 000 parcels. The work is
in respect of rural development support measures (
complex and quality controls led to new analysis of some

4 ),
Articles 22 and 23 of Regulation (EC) No 1122/2009
of the parcels which causes delays. Also, as the part of
apply mutatis mutandis to payment claims under Title I of
the work carried out by external contractors has been
Part II of Regulation (EU) No 65/2011.
delayed, the LPIS could not be updated in line with the

envisaged timetable. Consequently farmers were provided
with the updated information about the parcels later than
( 1 ) OJ L 277, 21.10.2005, p. 1.
foreseen.
( 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
17.7.2012 Official
Journal
of
the
European
Union L
187/27
(8)
Given the existing technical capacity in Portugal, which
time limits ( 1 ), where the last day of a period expressed
had already been enlarged in anticipation of the imple
otherwise than in hours is a public holiday, Sunday or
mentation of the "Action Plan", this situation has affected
Saturday, the period shall end with the expiry of the last
the ability of applicants to submit single aid applications
hour of the following working day. Given that 11 June
for Mainland Portugal and Madeira within the time limits
2012 is the first working day following 9 June 2012, it
provided for in Article 11(2) of Regulation (EC) No
is appropriate not to apply any reductions on grounds of
1122/2009 and Article 35(2) of Regulation (EC) No
late submission of single applications in respect of those
1121/2009.
farmers who submitted their single applications for
Mainland Portugal and Madeira at the latest by 11 June
2012 or, in the case of the ewe and goat premium at the
(9) These
difficulties
are
reinforced
by
the
fact
that
the
appli
latest by 25 May 2012.
cation procedure in Portugal is particularly time-
consuming given the corrections of reference parcels
boundaries which need to be carefully checked by
(15) Since
the
proposed
derogations
should
cover
the
single
farmers following the update of the LPIS. Abiding by
applications submitted for aid year 2012, it is appro
the deadlines of 15 May 2012 and 30 April 2012
priate that this Regulation applies retroactively.
respectively is therefore not possible, given the overall
context of the "Action Plan" and the engagements
taken by Portugal to improve its integrated adminis
(16) The
measures
provided
for
in
this
Regulation
are
in
tration and control system.
accordance with the opinion of the Rural Development
Committee and the Management Committee for Direct
Payments,
(10) Furthermore,
the
implementation
of
additional
measures
due to exceptional drought led to a more intensive use of
the informatics system. Since those measures were
HAS ADOPTED THIS REGULATION:
administered by the same informatics system as the
"Action Plan", capacity for administering the “Action
Plan” was further reduced.
Article 1
1. By
way
of
derogation
from
Article
23(1)
of
Regulation
(EC) No 1122/2009, in respect of the application year 2012,
(11) Due
to
the
difficulties
mentioned
above,
the
application
no reductions shall apply on grounds of late submission of
process in 2012 could only start later than the date on
single applications in respect of those farmers who submitted
which the process started in 2011 and in the previous
their single applications for Mainland Portugal and Madeira at
years. For the same reasons, applications were submitted
the latest by 11 June 2012.
at a slower rhythm than in 2011. The information
submitted by the Portuguese authorities to the
Commission on the capacity of the IT system shows
2. By
way
of
derogation
from
Article
23(1)
of
Regulation
that a derogation of 25 days is necessary to enable all
(EC) No 1122/2009, where single applications for 2012
farmers and beneficiaries concerned to submit their
include an application for ewe and goat premium, no
applications.
reductions on grounds of late submission of single applications
shall apply in relation to that premium in respect of those
farmers who submitted their single applications for Mainland
(12) It is therefore appropriate not to apply the reductions
Portugal and Madeira at the latest by 25 May 2012.
provided for in Regulation (EC) No 1122/2009 on
grounds of late submission of single applications in
respect of those farmers who submitted their single
Article 2
applications for Mainland Portugal and Madeira at the
latest 25 calendar days after 15 May 2012 or, in the
By way of derogation from Article 8(3) of Regulation (EU) No
case of the ewe and goat premium at the latest 25
65/2011, in respect of the application year 2012, no reductions
calendar days after 30 April 2012.
provided for in Article 23(1) of Regulation (EC) No 1122/2009
shall apply in respect of payment claims in relation to Mainland
Portugal and Madeira under Title I of Part II of Regulation (EU)
No 65/2011 on grounds of late submission of single appli
(13) Similarly,
by
way
of
derogation
from
Article
8(3)
of
cations if those applications were submitted at the latest by
Regulation (EU) No 65/2011 and in respect of
11 June 2012.
payment claims in relation to Mainland Portugal and
Madeira under Title I of Part II of Regulation (EU) No
65/2011, it is appropriate not to apply reductions on
Article 3
grounds of late submission of single applications which
were submitted at the latest 25 calendar days after
This Regulation shall enter into force on the day of its
15 May 2012.
publication in the Official Journal of the European Union.
(14) In
accordance
with Article 3(4) of Regulation (EEC,
It shall apply as from 1 January 2012.
Euratom) No 1182/71 of the Council of 3 June 1971
determining the rules applicable to periods, dates and
( 1 ) OJ L 124, 8.6.1971, p. 1.

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L 187/28
EN
Official Journal of the European Union
17.7.2012
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels, 16 July 2012.
For the Commission
The President
José Manuel BARROSO

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