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Council Regulation (EC) No 73/2009 (repealed)Show full title

Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (repealed)

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Article 142Implementing rules

In accordance with the procedure referred to in Article 141(2), detailed rules shall be adopted for the implementation of this Regulation. They shall include in particular:

(a)

detailed rules relating to the establishment of a farm advisory system;

(b)

detailed rules relating to the criteria for the allocation of amounts made available by the application of modulation;

(c)

detailed rules for the granting of aid provided for in this Regulation, including eligibility conditions, dates of application and payment and control provisions as well as for checking and establishing entitlement to the aids including any necessary exchange of data with the Member States, and for the establishment of the overrun of the base areas or maximum guaranteed areas as well as detailed rules concerning the determination of the retention period, the withdrawal and reallocation of unused premium rights established under Sections 10 and 11 of Chapter 1 of Title IV;

(d)

with regard to the single payment scheme, detailed rules relating in particular to the establishment of the national reserve, the transfer of payment entitlements, the definition of permanent crops, permanent pastures and grassland, the options provided for in Chapters 2 and 3 of Title III and the integration of coupled payments provided for in Chapter 4 of Title III;

(e)

detailed rules relating to the implementation of the provisions in Title V;

(f)

detailed rules relating to the inclusion of fruit and vegetables, ware potatoes and nurseries support into the single payment scheme, including the application procedure in the first year of implementation, and relating to the payments referred to in Sections 8 and 9 of Chapter 1 of Title IV;

(g)

detailed rules relating to the inclusion of wine support into the single payment scheme, including the application procedure in the first year of implementation, in accordance with Regulation (EC) No 479/2008;

(h)

with regard to hemp, detailed rules relating to the specific control measures and methods for determining tetrahydrocannabinol levels;

(i)

such amendments to Annex I as may become necessary, taking into account the criteria set out in Article 1;

(j)

such amendments to Annexes V and IX as may become necessary, taking into account in particular new Community legislation;

(k)

the basic features of the identification system for agricultural parcels and their definition;

(l)

any amendments which may be made to the aid application and exemption from the requirement to submit an aid application;

(m)

rules on the minimum amount of information to be included in the aid applications;

(n)

rules on the administrative controls, on the on-the-spot checks and on the checks by remote sensing;

(o)

rules on the application of reductions and exclusions from payments in the event of non-compliance with the obligations referred to in Articles 4 and 22, including cases of non-application of reductions and exclusions;

(p)

such amendments to Annex VI as may become necessary, taking into account the criteria set out in Article 26;

(q)

communications between the Member States and the Commission;

(r)

measures which are both necessary and duly justified to resolve, in an emergency, practical and specific problems, in particular those relating to the implementation of Chapter 4 of Title II and Chapters 2 and 3 of Title III; such measures may derogate from certain parts of this Regulation, but only to the extent, and for such a period as is, strictly necessary;

(s)

with regard to cotton, detailed rules in respect of:

(i)

the calculation of the reduction in the aid provided for in Article 90(4);

(ii)

the approved inter-branch organisations, in particular their financing and a control and sanction system.

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