Paying Agency (Amendment) Regulations, 2009

L.N. 207 of 2009

AGRICULTURAL AND FISHING INDUSTRIES

(FINANCIAL ASSISTANCE) ACT

(CAP. 146)

Cross-Compliance Related to EU Aid Applications in terms of the

Paying Agency (Amendment) Regulations, 2009

IN exercise of the powers conferred by article 7 of the

Agricultural and Fishing Industries (Financial Assistance) Act, the

Minister for Resources and Rural Affairs with the concurrence of the

Minister of Finance, the Economy and Investment has made the

following regulations

The title of these regulations is the Cross-Compliance Title.

related to EU Aid Applications in terms of the Paying Agency

(Amendment) Regulations, 2009 and they shall be read and construed

as one with the Cross-Compliance Related to EU Aid Applications in L.N. 346 of

2005. terms of the Paying Agency Regulations, 2005, hereinafter referred to

as "the principal regulations".

[Regulation 5(5)]

List of Acts and Regulations for the individual area of cross-compliance

Annex III to Regulation 1782/03 (Obligatory Management Policy)

1. Environment

•

Act A1 - Directive 79/409/EEC, relative to the conservation of

wild birds;

•

Act A2 - Directive 80/68/EEC, relative to the protection of

underground water from pollution caused by certain dangerous substances;

•

Act A3 - Directive 86/278/EEC, relative to the protection of the

environment, in particular the soil, in the use of sewage sludge in agriculture;

•

Act A4 - Directive 91/676/EEC, relative to the protection of

water from pollution caused by nitrates from agricultural sources;

•

Act A5 - Directive 92/43/EEC, relative to the conservation of the

natural and semi-natural habitats and of wild flora and fauna.

Public and Animal health, Identification and Registration of Animals

•

Act A6 - Directive 92/102/EEC of the Council, of the 27

November 1992, relative to the identification and registration of animals

•

Act A7 - Regulation EC 2629/97 (repealed by Regulation EC

911/2004) which establishes rules for the application of Regulation EC 820/

97 (repealed by Regulation EC 1760/2000) as regards ear tags, the

registration of enterprises, the passports required by the system of

identification and registration of cattle;

•

Act A8 - Regulation EC 1760/2000 which institutes a system of

identification and registration of cattle and relative to the labelling of beef

and products made from beef and which repeals Regulation EC 820/97;

•

Act A8a - Regulation EC 21/2004 of the Council of the 17

December 2003 which establishes a system of identification and registration

of sheep and goats and which amends Regulation (EC) 1782/2003 and

Directives 92/102/EEC and 64/432/EEC

Public, Animal and Plant Health

•

Act B9 - Directive 91/414/EEC relative to the marketing of plant

protection products;

•

Act B10 - Directive 96/22/EC of the Council relative to the

prohibition of the use of certain hormonal substances, ‘tireostatics’ and Beta-

agonists in animal production and the abrogation of Directives 81/602/ EEC,

88/146/EEC and 88/299/EEC;

•

Act B11 - Regulation (EC) 178/2002 of the European Parliament

and the Council which establishes the principles and the general requisites of

the legislation regarding foodstuffs, institutes the European authority for

food safety and establishes the procedures in the area of food safety;

•

Act B12 - Regulation (EC) 999/2001 of the European Parliament

and of the Council which lays down rules for the prevention, control and

eradication of certain transmissible spongiform encephalopathies;

•

Act B13 - Directive 85/511/EEC of the European Parliament and

of the Council relative to community measures to combat foot and mouth

disease;

•

Act B14 - Directive 92/119/EEC of the Council relative to the

introduction of general measures to combat certain animal diseases and

specific measures relative to vescicular disease in swine;

•

Act B15 - Directive 2000/75/EC of the Council which establishes

specific dispositions relative to the measures to combat and eradicate

bluetongue in sheep and goats

Animal Welfare

•

Act C16 - Directive 91/629/EEC, which establishes the minimum

standards for the protection of calves;

•

Act C17 - Directive 91/630/EEC, which establishes the minimum

standard for the protection of pigs;

•

Act C18 - Directive 98/58/EEC, regarding the protection of farm

animals.

Immediately after sub-regulation (4) of regulation 5 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulations

regulations.

"(4) The reductions or exclusions referred to in this

regulation shall be determined in accordance with the

"Definition of the criteria for the calculation of reductions and

exclusions" contained in Schedule I.

(5) In terms of Articles 3, 4 and 5 of Regulation (EC)

No. 1782/2003 the following two Schedules shall be employed

in the interpretation and understanding of this regulation

(a) Schedule II - List of Acts and Regulations for

the individual area of cross-compliance (Annex III,

Regulation (EC) 1782/2003); and

(b) Schedule III - Good Agricultural and

Environmental Conditions (Annex IV, Regulation (EC)

1782/2003 - Statutory Management Requirements).".

[Regulation 5(5)]

The Good Agricultural and Environmental Conditions pursuant to Article 5

and Annex IV of Regulation No. 1782/2003

Issue: Soil erosion

Standard: Minimum soil cover

N/A

Standard: Minimum land management reflecting site-specific conditions

National Standard: On sloping land, ploughing should always be practiced in

parallel with the contours of the field.

Summary of the requirement(s)

On parcels having a slope greater than 10%, ploughing, cultivation and

planting should be carried out across the direction of the slope. There should be no

evidence of sheet, rill or erosion gullies on site.

Standard: Retain terraces

National Standard: Load-bearing rubble walls that serve to retain soil on terraced

slopes should be maintained in a good condition.

Summary of the requirement(s)

Load-bearing rubble walls that serve to retain soil on terraced land should be

maintained in a good state. Any breaches occurring as a result of soil saturation

following storms should be repaired in order to prevent further soil loss.

Issue: Soil organic matter

Standard: Standards for crop rotations where applicable

National Standard: On irrigated land, crop rotation should be practised regularly,

and crops belonging to the same botanical family should not be grown

successively on the same parcel of land.

Summary of the requirement(s)

On irrigated land, crop rotation should be practised regularly, and crops

belonging to the same botanical family should not be grown successively on the

same parcel of land. Preferably, crops belonging to the same soil humus-depleting

category should not be grown for more than three years successively on the same

parcel and have to be put into rotation with at least one year of the soil-improving

crops or with at least one year of set-aside.

Standard: Arable stubble management

National Standard: Stubble and vegetable residues should not be burnt on the

soil, except where by order of the national plant health authority.

Summary of the requirement(s)

It is forbidden to burn stubble or vegetation residues directly on the soil,

except by order of the national plant health authority. Following such cases,

farmers shall adopt corrective actions, including green manuring or application of

organic material prior to the establishment of the following crop.

In cases where harvested vegetable residues are collected in a heap and need

to be destroyed for the prevention of transmissible plant diseases, this should be

done in a limited area of the field, not exceeding 10m 2 . Appropriate stubble

management, including ploughing and incorporation of residues, should be

practiced where possible and where agronomic conditions permit, in order to

increase soil organic matter.

Issue: Soil structure

Standard: Appropriate machinery use

National Standard: Machinery should not be used on the soil when it is flooded

or water-saturated.

National Standard: Unnecessary trampling on the soil with heavy machinery

should be avoided at all times.

Summary of the requirement(s)

1. It is prohibited to use machinery for normal agronomic purposes when

the soil is water-saturated or flooded to avoid compaction and deterioration of soil

structure.

2. Unnecessary trampling on soil with heavy machinery should be avoided

at all times. It is forbidden to enter into the field unnecessarily with a vehicle, and

to use any part of the field as a parking space for vehicles and machinery.

Issue: Minimum level of maintenance

Standard: Minimum livestock stocking rates or/and appropriate regimes

None

Standard: Protection of permanent pasture

None

Standard: Retention of landscape features, including where appropriate the

prohibition of the grubbing up of olive trees

National Standard: Uprooting of indigenous trees listed in Schedule I-III of

Legal Notice 12 of 2001 is forbidden.

National Standard: The deposition of soil or dumping of sublayer material on

garrigue habitats is prohibited.

Summary of the requirement(s)

Protected trees listed in the Schedule I, II, III of Legal Notice 12 of 2001

should not be uprooted except when authorised by a permit from the national

competent authority.

There should be no deposition of soil or dumping of sublayer material on

garrigue habitats lying within the perimeter of the holdings.

Standard: Avoiding the encroachment of unwanted vegetation on agricultural

land

National Standard: The encroachment of unwanted vegetation leading to

abandonment of parts or all of the fields should be avoided.

Summary of the requirement(s)

The encroachment of unwanted vegetation which interferes with the

cultivation of agricultural crops should be controlled through appropriate measures

in order to prevent the marginalisation or abandonment of parts or all of the parcels

of agricultural land. In cases where farmers establish buffer areas or conservation

bio-belts within their fields for the purpose of encouraging biodiversity or

protection of natural habitats, wildlife and water bodies using non-agricultural

species, and in cases where the farmers adopt inter-row cultivation of non-

agricultural species between trees or other crops for the purpose of soil cover, such

proliferation of non-agricultural species is not to be considered as encroachment of

unwanted vegetation.

Standard: Maintenance of olive groves in good vegetative condition

National Standard: Olive groves should be maintained in good condition.

Summary of the requirement(s)

Olive groves must be maintained in good condition

suckers must be removed from olive trees every year or at least

every two years,

the olive trees have to be pruned at least once every 5 years,

infesting plants must be removed from aerial part of the trees

every year.".

Immediately after regulation 13 of the

principal Adds new

Schedules I, II

regulations there shall be added the following schedules

and III to the

principal

regulations.

"SCHEDULE I

[Regulation 5(4)]

Definition of the criteria for the calculation of reductions and exclusions

The criteria used to calculate the sanctions applicable following the

discovery of non-compliance in respect of undertakings and of the rules of cross-

compliance, are determined according to Article 6 of Regulation (EC) 1782/03 and

Article 65 of Regulation (EC) 796/04, et seq.

In particular, community legislation, provides for the application of sanctions

through "Areas of Cross-Compliance".

The areas of cross-compliance valid for the year 2009 and subsequent years

to be used in calculating eventual reductions are the following

Annex III

to

Regulation

(EC)

1782/03

(Statutory

Management

Requirements)

a.

Environment;

b.

Public health, safety, identification and registration of animals;

c.

Hygiene and animal welfare.

Annex IV to Regulation (EC) 1782/03

d.

Good Agricultural and Environmental Conditions

Criteria upon which to calculate the result of cross-compliance.

Following this categorization, (a, b, c and d) the results obtained from

inspections carried out applicable to the agricultural holdings will represent these

four groups, and the cross-compliance of the holding will result from the sum total

obtained.

Sanctions will be imposed by the reduction of aid and, when applied, will be

apportioned according to the following criteria (Article 41 of Regulation (EC) 796/

2004)

•

extent of the non-compliance: determined by bearing in mind, in

particular, the impact of the non-compliance itself, which may have

repercussions limited to the agricultural holding or even outside it;

•

severity of the non-compliance: which depends, in particular,

upon the impact of the consequences of the non-compliance in view of the

objectives of the requirement or of the regulation in question;

•

permanence of the non-compliance: dependant, in particular, on

the length of time over which the effect is protracted and by the possibility of

eliminating the effect through reasonable measures.

(1) Definition of the control indices and of the seriousness of the non-

compliance.

(a)

From the first of January 2009, each act or rule relative to the

individual areas of non-compliance will be successively described according

(i)

the national juridical basis of the act or regulation;

(ii) the commitments to be borne by the farmer;

(iii) the indexes of verification of the obligation for each non-

compliance applicable to same act or regulation.

(b)

Some specifications

(i) non-compliances of minor importance, for which

corrective action is provided for under Regulation (EC) 146/08, which

modifies and includes Regulation (EC) 1782/03;

(ii) corrective actions, which the farmer is asked to carry out to

end the effects of the non-compliance;

(iii) the levels of the control indices within which the farmer is

given a warning without this being defined as non-compliance;

(iv) conditions which show the intentionality of the non-

compliance detected.

(c) Important definitions for the purpose of the application of

reductions and exclusions

(i) Repetition: in the case where a regulation or an act is

found to have been violated two or more times within the periods

established by Regulation (EC) 796/04, the applicable level of sanction

is multiplied by a factor of three.

(ii) Corrective actions: the Paying Agency, in their capacity as

the competent control authority, and on the basis of what is contained in

this document, will set down their own provisions establishing the

penalties applicable with respect to the provisions that have been

violated. The Paying Agency will therefore determine, in terms of the

provisions of Regulation (EC) 146/08, which amends and modifies

Regulation (EC) 1782/03, the manner and time within which to carry

out the corresponding corrective

actions,

for

non-compliance

considered to be of a minor nature.

(d) In checking whether cross-compliance has been complied with,

the report will contain

(i)

the rule and the nature of corrective actions,

(ii)

the manner and time within which these shall be carried

out, and

(iii) the manner in which the carrying out of the same actions is

checked.

Therefore, as already laid down in the description of the acts or regulations,

in the case in which an agricultural enterprise or holding has been instructed to

take corrective action, and does not comply within the prescribed time, the

previous non-compliance detected will be considered to have been repeated and

the reductions provided for in cases of repetition will be implemented.

The execution of corrective actions will be incurred and monitored by the

Paying Agency according to established criteria, which may assume, according to

the nature of the corrective action prescribed, the character of on-the-spot checks

or administrative checks.

(2)

Schedules of application of reductions by area of cross-compliance

Community Regulations relative to cross-compliance make a distinction

between the application of sanctions with respect to the nature of the non-

compliance, whether

(a)

committed through negligence, with or without repetition (Article

66 of Regulation (EC) 796/04), or

(b)

intentionally (Article 67 of Regulation (EC) 796/04).

As a result, the manner of calculating and applying reductions is divided into

two parts, in conformity with this distinction.

The basis of calculating the percentage reduction is applicable to the total

amount of direct payments, as established in Article 66(1) of Regulation (EC) 796/

(a)

Negligence

All instances of non-compliance to which the characteristics of

intentionality are not attributable, are considered to be caused by negligence.

The procedure to establish the calculation for the applicable sanction is the

following

(i)

for every act and regulation in a given area of cross-compliance

in which there is the non-compliance, the seriousness of the non-compliance

is quantified (low = 1; medium = 3; high = 5) in terms of extent, severity and

permanence (cf. control index);

(ii) once the three indexes for each act or regulation infringed have

been quantified, the three corresponding values are added and a

mathematical computation is made to obtain the average score (which will

range between 1-5);

(iii) for each area of cross-compliance, on the basis of that which is

established by Article 66(2) of Regulation (EC) 796/04, the average scores

obtained for each non-compliance detected are added, thus reaching a total

score which refers to that area of cross-compliance.

The score obtained for each area of cross-compliance is compared to the

following table of values

Class

Score

Reduction %

I

Equal or above 1,00 and less than 3,00

1%

II

Equal or above 3,00 and less than 5,00

3%

III

Equal or above 5,00

5%

Once the reduction for each area of cross-compliance is defined, the

percentages obtained are added and compared with the limit established by Article

66 of Regulation (EC) 796/04, paragraphs 1, 2 and 3, which states that the

maximum reduction applicable for non-compliance due to negligence must not

exceed 5% of the total amount of direct payments and measures under Article 2 of

Council Regulation 1698/2005.

The percentage reductions defined are applied to the total amount of direct

payments, (Article 2(d) of Regulation (EC) 1782/03,) which have been or are

about to be distributed to the farmer subject to inspection made on the basis of the

request for aid which he has presented or intends to present during the course of

the calendar year in which the non-compliance detected was committed (Articles

66 and 67 of Regulation (EC) 796/04).

Example

This enterprise dealing in animal husbandry is obliged to adhere to the

following areas of cross-compliance and the respective acts and regulations

-

Area of Cross-compliance "environment": Acts A2 and A3

-

Area of Cross-compliance "public health": Acts A6/A7/A8

-

Area of Cross-compliance "GAEC": Regulations 1.1; 2.1; 3.1;

4.1; 4.2; 4.4

Act or

Inspection result

Quantification of control

Expected

Total

Reduc-

regulation

indexes

Score

Score

tion

and

Positive Negative Extent Severity Permanence [(e)+(s)+(p)]/3

Class

(e)

(s)

(p)

Area of cross-compliance "Environment"

2.33

1%

7/3= 2,33

Class 1

Area of cross-compliance "Public Health"

A6/7/ 9

0%

8/8a

Area of cross-compliance "Good Agricultural and Environmental Conditions"

GAEC

15/3=5,000

5,00

5%

Class III

Total reduction

6%

Application of art. 66 (3) Reg. (EC) 796/04

5% (ceiling)

(b) Repetitive negligence

A repetition of non-compliance occurs when the same regulation or

commitment is infringed several times during one or two years successive to the

first non-compliance (cf. Regulation (EU) 796/04, article 66, paragraph (4)) or in

the case when corrective action was instructed to the farmer/landowner and in turn

the farmer/landowner does not complete this within the stipulated timeframe.

(i)

First Repetition

The first repetition of non-compliance will

•

increase the maximum level of sanctions applicable in

terms of the cross-compliance from 5% to 15% and

•

result in the multiplication of the sanctions applicable in

that year by a factor of three (3).

Example

Take again the previous example, subjected to a new inspection during the

year following the first inspection.

The situation of his undertaking has remained unchanged, therefore he still

has to follow the same regulations and undertakings which he will have checked

up on previously.

-

Area of cross-compliance "environment": Acts A2 e A3

-

Area of cross-compliance "public health": Acts A6/A7/A8/A8a

-

Area of cross-compliance "GAEC"

The results of the inspection are the following

Act or

Inspection result

Quantification of control

Expected

Total

Reduc-

regulation

indexes

Score

Score

tion

and

Positive Negative Extent Severity Permanence [(e)+(s)+(p)]/3

Class

(e)

(s)

(p)

Area of cross-compliance "Environment"

2.33

1%

7/3= 2,33

Class 1

rep.

Area of cross-compliance "Public Health"

A6/7/ 9

0%

8/8a

Area of cross-compliance "Good Agricultural and Environmental Conditions"

GAEC

15/3=5,000

5,00

5%

rep.

Class III

Area of cross-compliance "environment"

1% x 3 =

3% with repetition

Area of cross-compliance "public health"

0% =

0%

Area of cross-compliance "GAEC"

5% x 3 =

15% with repetition

Global reduction

18%

(above the 15% maximum)

Application of Art. 66 (4) Reg. (EC) 796/04

15% (with warning)

*Note: In the chart the acts or regulations already infringed earlier are in

bold.

The repetition has its effect in the area of cross-compliance in which non-

compliance is found.

The result of the area of cross-compliance (in this example for GAEC and

Environment), after having applied the charts of evaluation shown above, is then

multiplied by a factor of three (3).

The global reduction is the total of the reductions resulting from the areas of

cross-compliance under inspection, within the 15% limit (which in the example

shown above has been exceeded).

When the summing up of the reductions reaches or exceeds 15%, the

reduction applied shall in any case be 15%, but the farmer will be subject to a

warning, in the form of a reprimand, which will warn him that if further

occurrences of the same infractions occur, these same non-compliances shall be

considered as intentional.

(ii)

Second Repetition

The second repetition of non-compliance detected during the two years

following the discovery of the first non-compliance will result in the further

multiplication of the sanction applied in the previous year by a factor of 3

(three).

In this case too, however the maximum limit of the applicable sanction

is 15% and in case that this limit is reached or exceeded, the reprimand

described above shall be added to the maximum sanction.

(c) Intentionality

Intentionality shall be attributed to the non-compliances detected when

1. following a previous repetition in which the farmer has already

received a reprimand according to the provisions of article 66, point 4,

paragraph 3 of Regulation (EC) 796/04;

2. control indexes exceed the limits established for certain

Regulations and Acts;

3. indications of intentionality are found by the specialised

inspection Entities (FVRD, MSA MEPA etc), during tests envisaged for the

observance of the Statutory Management Requirements.

Actions to be taken upon intentionality of non-compliance

(a)

Article 67(1) of Regulation (EC) 796/04, in the case of

intentional non-compliances, the reduction applicable to direct aid and

section 2 measures of Council Regulation 1698/2005 as a whole is

established at 20%,

(b) Article 67(2) of Regulation (EC) 796/04, for the year in question

the farm is excluded from the system of benefits to which the non-

compliance refers,

(c)

finally, in the case of repeated intentional non-compliances the

provisions of Article 67(2), second paragraph, of Regulation 796/04 are

applied where the farmer of that holding will be excluded from the scheme of

aid to which the repeated intentional non-compliance refers for the current

and successive year.

(d) Accumulation of non-compliances of a different nature

This section defines the manners of implementing reductions in situations in

which various instances of non-compliances of different natures are detected in the

enterprise: non-compliance due to negligence, non-compliance considered as

intentional, non-compliance detected for the first time and repeated non-

compliance.

1. Negligent and Intentional non-compliances committed by the farmer/

holding

1.a. Two non-compliances detected in two different areas of cross-

compliance.

As happens with non-compliance due to negligence, the effect of the non-

compliances is added.

Example 1.a.

Non-compliances detected

•

Non-compliances due to negligence in the "Area of cross-

compliance - GAEC", in which a reduction of 3% is applied;

•

Intentional non-compliances in the "Area of cross-compliance -

Environment", to which a reduction of 20% is applied.

The resulting reduction will be

3% (GAEC Negligence) + 20% (Environment Intentional) = 23%

1.b. Three or more cases of non-compliances detected in different areas of

cross-compliance

As happens with non-compliances due to negligence, the effect of the non-

compliances is added in this instance with the possible application of the "ceiling"

of 5% of non-compliance due to negligence.

Example 1.b.

Non-compliances detected

•

Non-compliances due to negligence in the "Area of cross-

compliance GAEC", to which a reduction of 3% is applied;

•

Non-compliances due to negligence in the "Area of cross-

compliance Animal Welfare", to which a reduction of 3% is applied;

•

Intentional non-compliances in the "Area of cross-compliance

Environment" to which a reduction of 20% is applied.

The resulting reduction will be

3% (GAEC Negligence) + 3% (Welfare Negligence) = 6% reduced to 5% by

the application of the ‘ceiling’ + 20% (Environment Intentional) = 25%

1.c. Three or more non-compliances detected in two different areas of cross-

compliance

In this case, for the "Area of cross-compliance" in which non-compliances

due to negligence and intentional non-compliances have been considered together

the non-compliances are considered as one single non-compliance, (according to

Article 66(2) of Regulation 796/04.)

Example 1.c.

Non-compliances detected

•

2 instances of non-compliance in the "Area of cross-compliance

GAEC", one due to negligence, to which a reduction of 3% is applied, and

one which was intentional, to which a reduction of 20% is applied;

•

Non-compliance due to negligence in the "Area of cross-

compliance of Animal Welfare", to which a 3% reduction is applied.

The resulting reduction will be

(GAEC Negligence) + (GAEC Intentionality) = intentional infraction = 20%

+ 3% (Environment Negligence) = 23%

2. Two or more repetitions of non-compliance attributable by the same

farmer/holding

Example 2

Year 1

•

Non-compliance with Regulation 4.2 due to negligence -

reduction 3%

•

Non-compliance with Act A2 due to negligence - reduction 5%

Resulting reduction = 3 + 5 = 8%, reduced to 5% (ceiling)

Year 2

•

Non-compliance with GAEC 2 due to negligence - reduction 3%

•

Non-compliance with Act A2 due to negligence - reduction 5%

By virtue of Article 66(4) of Regulation 796/04, there is

•

Non-compliance with GAEC due to negligence - reduction 3*3 =

9%

•

Non-compliance with Act A2 due to negligence - reduction 3*5 =

15%

Resulting reduction = 9 + 15 = 24%, reduced to 15% (ceiling)

Since the 15% threshold has been exceeded the enterprise will be informed

that each repetition of the non-compliance detected will be considered as having

been committed intentionally.

3. Two or more intentional non-compliances charged to the same

enterprise

3.a Two or more intentional non-compliances in the same area of cross-

compliance.

Example 3.a.

Non-compliances detected

•

Intentional non-compliance with SMR 2

•

Intentional non-compliance with SMR 3

In this case the non-compliances are considered as one non-compliance, in

terms of Article 66 (2).

Resulting reduction = 20%

3.b Two or more intentional non-compliances in different ‘areas’ of cross-

compliance.

Example 3.b.

Non-compliances detected

•

Intentional non-compliance with GAEC

•

Intentional non-compliance with SMR A4

Resulting reduction = 20% (GAEC Intentionality) + 20% (Environment

Intentionality) = 40%.

4. Two or more intentional repetitions of non-compliances charged to the

same farmer/holding

In the case of intentional repetitive non-compliance, the provisions of Article

67(2), paragraph two, of Regulation EC 796/04 are applied, where the enterprise

will be excluded from the scheme or schemes of aid to which the intentional

repetitious non-compliances refer both for the current and the subsequent year.

2

min]abba

f’negli[enza: tnaqqis ta’ 3%

Nuqqas ta’ konformità ma’ l-Att 2 min]abba f’negli[enza

tnaqqis ta’ 5%

Tnaqqis li jirri\ulta = 3 + 5 = 8%, li jitnaqqas g]al 5% (il-limitu).

It-Tieni Sena

Nuqqas ta’ konformità mal-GAEC 2 min]abba f’negli[enza -

tnaqqis ta’ 3%

Nuqqas ta’ konformità ma’ l-Att A2 min]abba f’negli[enza -

tnaqqis ta’ 5%

Bis-sa]]a ta’ l-Artikolu 66(4) tar-Regolament 796/04, ikun hemm

Nuqqas ta’ konformità mal-GAEC min]abba f’negli[enza -

tnaqqis ta’ 3 * 3% = 9%

Nuqqas ta’ konformità ma’ l-Att A2 min]abba f’negli[enza -

tnaqqis ta’ 3 * 5 = 15%

Tnaqqis li jirri\ulta = 9 + 15 = 24%, li jitnaqqas g]al 15% (il-limitu).

Ladarba tkun inqab\et ir-rata ta’ 15% l-intrapri\a trid tkun infurmata li kull

ripetizzjoni ta’ nuqqas ta’ konformità li tkun misjuba tkun kunsidrata b]ala li tkun

saret b’intenzjonalità.

3. |ew[ nuqqasijiet jew aktar ta’ konformità li jsiru b’intenzjonalità fl-

istess intrapri\a.

3.a |ew[ nuqqasijiet intenzjonati ta’ konformità jew aktar fl-istess taqsima

ta’ cross-compliance

E\empju 3.a

Nuqqas ta’ konformità li jkunu nstabu

Nuqqas ta’ konformità intenzjonat li jkun sar ma’ SMR 2

Nuqqas ta’ konformità intenzjonat li jkun sar ma’ SMR 3

F’dan il-ka\ in-nuqqasijiet ta’ konformità ji[u kunsidrati b]ala nuqqas ta’

konformità wie]ed, skond l-Artikolu 66(2)

Tnaqqis li jirri\ulta = 20%

3.b Tnejn jew iktar nuqqasijiet ta’ konformità intenzjonati li jsiru

f’taqsimiet differenti ta’ cross-compliance

E\empju 3.b

Nuqqasijet ta’ konformità misjuba

•

Nuqqas ta’ konformità intenzjonat li jkun sar mal-GAEC

•

Nuqqas ta’ konformità intenzjonat li jkun sar ma’ SMR A4

Tnaqqis li jirri\ulta = 20% (Intenzjonalità GAEC) + 20% (Intenzjonalità

Ambjentali) = 40%

4. |ew[ ripetizzjonijiet ta’ nuqqasijiet ta’ konformità jew aktar

intenzjonati li jkunu saru g]all-istess bidwi / proprjetà

Fil-kaz ta’ nuqqas intenzjonat ta’ konformità li ji[i ripetut, id-

disposizzjonijiet ta’ l-Artikolu 67(2), paragrafu tnejn, tar-Regolament KE 796/04

jkunu japplikaw, meta l-intrapri\a ti[i esklu\a mill-iskema jew mill-iskemi ta’

g]ajnuna li g]alihom in-nuqqasijiet ta’ konformità intenzjonali li jkunu ripetuti

jkunu jirreferu kemm g]al din is-sena kemm g]as-sena ta’ wara.

Application of sanctions following recommendations made by the

competent authorities

Articles 48 and 65 of Regulation 796/2004 provide that non-compliances

which are brought to the attention of the competent control authorities must be the

subjected to the application of reductions in the same manner as those discovered

during inspections carried out in the premises as laid down in Article 44 of the

same Regulation.

In particular, since the Paying Agency is also the competent control authority

in charge of the approval of aid, if cases of flagrant non-compliance with the

regulations of the GAEC or of the Statutory Management Requirements are

confirmed, the appropriate warning will be given by the application of the

appropriate sanctions provided.

Similarly, should the competent authorities concerning the identification and

the welfare of animals (Veterinary Services) point out serious cases of non-

compliance the appropriate sanction procedures must be applied in an analogous

manner, as in the cases of checks for eligibility.