Keywords
Summary

Keywords

1. Agriculture - Common agricultural policy - Integrated administration and control system for certain aid schemes - Computerised database of a Member State - Disclosure by the competent authority to a new operator of information relating to the data provided by a previous applicant for compensatory payments - Conditions

(Council Regulation No 3508/92, Arts 3(1) and 9)

2. Agriculture - Common agricultural policy - Integrated administration and control system for certain aid schemes - Refusal by the competent authority to disclose the information necessary to ensure the proper submission of an application for aid - Imposition of penalties on the basis of undisclosed information - Not permissible

(Commission Regulation No 3887/92, Art. 9)

Summary

1. Articles 3(1) and 9 of Regulation No 3508/92 establishing an integrated administration and control system for certain Community aid schemes, coupled with the general principles of Community law, allow the competent authorities, after balancing the respective interests of the persons concerned, to disclose data relating to crops sown during the preceding years, and which have been supplied by or on behalf of a former claimant for payment under the arable area payment scheme, to a new farmer who has need of those data in order to be able to apply for such payments in respect of the same fields and who is unable otherwise to obtain them.

( see para. 39 and operative part 1 )

2. In the event of refusal to disclose the information necessary to ensure that an application for aid is valid, the competent authority cannot, on the basis of the information which it did not provide to the applicant at the time of the request for information, impose penalties on him under Article 9 of Regulation No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes.

( see para. 47 and operative part 2 )