24.2.2011   

EN

Official Journal of the European Union

L 49/16

(1)

Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States’ notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments’ regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (3) lays down common rules for notifying information and documents by the competent authorities of the Member States to the Commission. Those rules cover in particular the obligation for the Member States to use the information systems made available by the Commission and the validation of the access rights of the authorities or individuals authorised to send notifications. In addition, that Regulation sets common principles applying to the information systems so that they guarantee the authenticity, integrity and legibility over time of the documents and provides for personal data protection.

(2)

Pursuant to Regulation (EC) No 792/2009 the obligation to use the information systems in accordance with that Regulation has to be provided for in the Regulations establishing a specific notification obligation.

(3)

The Commission has developed an information system that allows managing documents and procedures electronically in its own internal working procedures and in its relations with the authorities involved in the common agricultural policy.

(4)

It is considered that several notification obligations can 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 20 December 2005 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards communication of information on tobacco (4), (EC) No 1557/2006 of 18 October 2006 laying down detailed rules for implementing Council Regulation (EC) No 1952/2005 as regards registration of contracts and the communication of data concerning hops (5), (EC) No 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 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 2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals (8), (EC) No 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (9), (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (10), (EC) No 612/2009 of 7 July 2009 laying down common detailed rules for the application of the system of export refunds on agricultural products (11), (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for in that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (12), (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (13) and (EU) No 479/2010 of 1 June 2010 laying down rules for the implementation of Council Regulation (EC) No 1234/2007 as regards Member States’ notifications to the Commission in the milk and milk products sector (14).

(5)

In the interest of efficient administration and taking account of the experience, the notifications should be simplified. In particular, it should be established that only Member States producing tobacco and hop respectively should be obliged to send the data required under Regulations (EC) No 2095/2005, (EC) No 1557/2006 and (EC) No 1850/2006. Furthermore, for reasons of clarity, the content of some notifications should be specified in those Regulations.

(6)

The information that Member States have to submit to the Commission pursuant to Article 19(1)(b)(ii) and (iii) of Regulation (EC) No 436/2009, are to be sent to Eurostat. For reasons of coherence and good administration, the notifications concerned should be made by electronic means to the single entry point for data at Eurostat, in conformity with the technical specifications provided by the Commission (Eurostat).

(7)

The exchange rate to be used should be in coherence with the principle established in Article 11 of Commission Regulation (EC) No 1913/2006 of 20 December 2006 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture and amending certain regulations (15).

(8)

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 should therefore be amended accordingly.

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments and the Management Committee for the Common Organisation of Agricultural Markets,

(1)

Article 1 is replaced by the following:

‘Article 1

1.   For each harvest, the producing Member States shall notify the Commission, by 31 July of the year following the harvest year, of the following information given as a total and, except for point (a), broken down by the raw tobacco variety groups referred to in paragraph 3:

The price referred to in point (e) shall be expressed 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.   For each harvest, the producing Member States shall notify the Commission, by 31 July of the ongoing harvest year, of the following information given as a total and broken down by the raw tobacco variety groups referred to in paragraph 3:

3.   The variety groups of raw tobacco are:

(a)   Group I: Flue-cured: tobacco dried in ovens with controlled air circulation, temperature and humidity, in particular Virginia;

(b)   Group II: Light air-cured: tobacco dried in the air under cover, not left to ferment, in particular Burley and Maryland;

(c)   Group III: Dark air-cured: tobacco dried in the air under cover, left to ferment naturally before being marketed, in particular Badischer Geudertheimer, Fermented Burley, Havana, Mocny Skroniowski, Nostrano del Brenta and Pulawski;

(d)   Group IV: Fire-cured: tobacco dried by fire, in particular Kentucky and Salento;

(e)   Group V: Sun-cured: tobacco dried in the sun, also called ‘Oriental varieties’, in particular Basmas, Katerini and Kaba-Koulak.

4.   Member States growing less than 3 000 hectares in the preceding harvest year may notify only the information referred to in points (b) and (c) of paragraph 1 and paragraph 2(a) and only given as a total without breakdown by raw tobacco variety groups.

5.   The notifications referred to in paragraphs 1, 2 and 4 shall be made in accordance with Commission Regulation (EC) No 792/2009 (16).

(2)

Article 2 is replaced by the following:

‘Article 2

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.’;

(3)

Annexes IA, IB, II and III are deleted.

(1)

Article 5 is replaced by the following:

‘Article 5

1.   For each harvest, the producing Member States shall 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):

The prices referred to in points (c) and (d) shall be expressed 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 792/2009 (17).

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.

(2)

the Annex is deleted.

(1)

in Article 9, paragraph 1 is replaced by the following:

‘1.   The Member States shall determine the conditions for supervision and shall notify the Commission accordingly. They shall take all necessary measures to make substitution of the products in question impossible, in particular by identification of each piece of meat. Member States shall notify the Commission of any changes of the conditions for supervision without delay.’;

(2)

in Article 10, the introductory phrase is replaced by the following:

‘For certificates as provided for in Article 5(1), endorsed by the competent authorities each quarter and covering boned cuts produced from hindquarters, the Member States shall notify the following no later than the end of the second month following each quarter:’;

(3)

the following Article 10a is inserted:

‘Article 10a

The notifications to the Commission referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (20).

(1)

in Article 14, paragraph 6 is replaced by the following:

‘6.   Member States shall notify the Commission of:

(2)

in Article 15, paragraph 6 is replaced by the following:

‘6.   Member States shall notify the Commission of:

(3)

Article 16 is replaced by the following:

‘Article 16

1.   Member States shall notify the Commission of the following:

2.   The notifications referred to in paragraph 1 shall specify:

(4)

the following Article 16a is inserted:

‘Article 16a

The notifications referred to in this Chapter shall be made in accordance with Commission Regulation (EC) No 792/2009 (21).

(5)

Annex VIII is deleted.

(1)

in Article 15, paragraph 1 is replaced by the following:

‘1.   To convert quantities of products other than wine into hectolitres of wine, Member States may set coefficients that may vary according to different objective criteria having a bearing on the conversion. Member States shall notify the Commission of the coefficients along with the summary provided for in Article 19(1).’;

(2)

the heading of Chapter III of Title II is replaced by the following:

‘CHAPTER III

Notifications to be made by the Member States ’;

(3)

in Article 19(3), the introductory phrase of the first subparagraph is replaced by the following:

‘With a view to establishing price trends, Member States whose wine production during the past five years was on average more than 5 % of the total Union wine production shall notify the Commission of the following in relation to the wines referred to in point 1 of Annex XIb to Council Regulation (EC) No 1234/2007 (22):

(4)

Article 49 is replaced by the following:

‘Article 49

Notification

1.   Each Member State shall notify the Commission of:

2.   Each Member State shall also notify the Commission of:

3.   The Commission shall draw up and keep up to date a list containing the names and addresses of the competent bodies and authorities based on information notified by the Member States. The Commission shall publish that list on the Internet.’;

(5)

Article 50 is replaced by the following:

‘Article 50

Notification

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 deadlines for notification set out in this Regulation.

2.   Member States shall retain the information recorded under this Regulation for at least five wine years following the one during which it was recorded.

3.   The notifications requested in this Regulation shall not prejudice the Member States’ obligations laid down in Regulation (EEC) No 357/79 on statistical surveys of areas under vines.

4.   The notifications to the Commission referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (23).

However, the notifications referred to in Article 19(1)(b)(ii) and (iii) shall be sent by the Member States in electronic form or uploaded by electronic means to the single entry point for data at Eurostat, in conformity with the technical specifications provided by the Commission (Eurostat).

(1)

in Article 10, paragraph 1 is replaced by the following:

‘1.   Export licences with advanced fixing of the refund shall be issued on the fifth working day following the day 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 Commission Regulation (EU) No 479/2010 (26) and that measures referred to in points (a) and (b) of paragraph 2 of this Article have not been adopted.

(2)

in Article 24(2), the second subparagraph is replaced by the following:

‘The Member State shall notify the Commission as soon as possible of the change of designated importer and the Commission shall notify the change to the competent authorities of the United States.’;

(3)

Article 31 is amended as follows:

(4)

Article 32 is amended as follows:

(5)

in Article 33, paragraph 2 is replaced by the following:

‘2.   The notifications to the Commission referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (27).

(6)

Annexes IV, V and VI are deleted.