Article 6(2) of Commission Regulation (EU) No 65/2011 contains definitions which, according to the text of that Article, are to apply only to Title I of Part II of that Regulation. However, the terms ‘area-related measures’ and ‘animal-related measures’ appear throughout the Regulation. Those terms should therefore be included in the list of definitions set out in Article 2 of the Regulation.

For the sake of consistency, in Article 31(a)(ii) of Regulation (EU) No 65/2011, the term ‘area-related support’ should be replaced by the term ‘area-related measures’.

Commission Regulation (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 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 has been amended to improve and simplify certain control rules as regards animal-related payments. For the sake of consistency with controls for animal-related measures under Regulation (EU) No 65/2011, corresponding rules should be included in that Regulation.

In accordance with Article 17(3) of Regulation (EU) No 65/2011, a bovine animal which has lost one of the two ear tags is to be deemed to belong to the animals determined provided that it is clearly and individually identified by the other elements of the system for the identification and registration of bovine animals. The system for the identification and registration of bovine animals is in general well established. Therefore, where one bovine animal has lost both ear tags and its identity can be established without any doubt it should also be included in the number of animals determined and should be eligible for payment. This should, however, only apply if the farmer has taken measures to remedy the situation before the announcement of the on-the-spot check and, in order to avoid any risk of irregular payments, the application of this rule should be limited to one single animal.

A new improved system for the identification of ovine and caprine animals has been set up under Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC. A similar provision for ovine and caprine animals declared for payment should therefore be included in Article 17 of Regulation (EU) No 65/2011.

In accordance with Article 7(1) of Regulation (EU) No 65/2011, Article 16 of Regulation (EC) No 1122/2009 applies mutatis mutandis for the purposes of Title I of Part II of Regulation (EU) No 65/2011. While under the second subparagraph of Article 16(1) of Regulation (EC) No 1122/2009 beneficiaries of animal-related measures are required to inform the competent authorities about any change of location of the animals during the applicable retention period, it should be made clear that failure to do so should not lead to penalties if the animals concerned are immediately located within the holding during the on-the-spot check.

As regards the rules on reductions and exclusions set out in Article 17 of Regulation (EU) No 65/2011 and the order of reductions laid down in Article 22 of that Regulation, it should be made clear that offsetting in accordance with Commission Regulation (EC) No 885/2006 should always be carried out last in the order of reductions pursuant to Article 22 of Regulation (EU) No 65/2011. Articles 17 and 22 of that Regulation should therefore be amended accordingly.

Regulation (EU) No 65/2011 should therefore be amended accordingly.

The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,