Commission Implementing Regulation (EU) 2015/2000

of 9 November 2015

amending Regulations (EC) No 546/2003, (EC) No 1342/2003, (EC) No 952/2006, (EC) No 826/2008, (EC) No 1295/2008, (EC) No 1296/2008, (EU) No 1272/2009, (EU) No 738/2010 and Implementing Regulations (EU) No 543/2011 and (EU) No 511/2012 as regards the notification obligations within the common organisation of agricultural markets

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/20071, and in particular Article 223(3) thereof,

Whereas:

(1)
Commission Regulation (EC) No 792/20092, establishes common rules for notifying information and documents by 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. Regulation (EC) No 792/2009 also 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. The obligation to use those information systems has to be provided for in each Regulation establishing a specific notification obligation.
(2)

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

(3)
Several communication and notification obligations can be fulfilled through that system, in particular those provided for in Commission Regulations (EC) No 546/20033, (EC) No 1342/20034, (EC) No 952/20065, (EC) No 826/20086, (EC) No 1295/20087, (EC) No 1296/20088, (EU) No 1272/20099, (EU) No 738/201010 and Commission Implementing Regulations (EU) No 543/201111 and (EU) No 511/201212.
(4)

In the interest of efficient administration and taking account of the experience, some notifications obligations should be amended.

(5)

Regulations (EC) No 546/2003, (EC) No 1342/2003, (EC) No 952/2006, (EC) No 826/2008, (EC) No 1295/2008, (EC) No 1296/2008, (EU) No 1272/2009, (EU) No 738/2010 and Implementing Regulations (EU) No 543/2011 and (EU) No 511/2012 should therefore be amended accordingly.

(6)

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

HAS ADOPTED THIS REGULATION:

Article 1

In Article 1 of Regulation (EC) No 546/2003, paragraph 3 is replaced by the following:

‘3.

The notification referred to in paragraph 1 shall be made in accordance with Commission Regulation (EC) No 792/200913.’

Article 2

In Article 16 of Regulation (EC) No 1342/2003, the following paragraphs 3 and 4 are added:

‘3.

Member States shall not be required to notify the information referred to in points (a)(ii) and (iii) and in points (b) and (c) of paragraph 1 during the periods when no export refunds, export tax or food aid are fixed.

4.

The notifications and communications referred to in paragraph 1 and 2 shall be made in accordance with Commission Regulation (EC) No 792/200914.’

Article 3

In Article 15a of Regulation (EC) No 952/2006, the second paragraph is replaced by the following:

‘Each Member State shall communicate to the Commission before the end of each month the averages of prices collected at national level, as well as the total corresponding quantities and the standard deviations. The averages and standard deviations shall be weighted by the quantities communicated by undertakings under the previous paragraph. The communication shall be made in accordance with Commission Regulation (EC) No 792/200915.’

Article 4

Article 12 of Regulation (EC) No 826/2008 is amended as follows:

  1. (1)

    paragraphs 3 and 4 are replaced by the following:

    ‘3.

    The notifications referred to in paragraph 1, including nil notifications, shall be made in accordance with Regulation (EC) No 792/2009.

    4.

    More detailed information on notifications shall be laid down in the Regulations opening the tendering procedure in question.’;

  2. (2)

    paragraph 5 is deleted.

Article 5

In Article 9 of Regulation (EC) No 1295/2008, the following paragraph 5 is added:

‘5.

The notifications referred to in paragraphs 2 and 4 shall be made in accordance with Commission Regulation (EC) No 792/200916.’

Article 6

In Regulation (EC) No 1296/2008, Article 21a is replaced by the following:

‘Article 21a

The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/200917.’

Article 7

In Regulation (EU) No 1272/2009, Article 58 is replaced by the following:

‘Article 58Method applicable to notification obligations

The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/200918.’

Article 8

In Article 5 of Regulation (EU) No 738/2010, the following paragraph 10 is added:

‘10.

The notification referred to in paragraph 9 shall be made in accordance with Commission Regulation (EC) No 792/200919.’

Article 9

In Article 146 of Implementing Regulation (EU) No 543/2011, paragraph 3 is replaced by the following:

‘3.

The notifications provided for in Article 9(2), Article 18(3) and (4), Articles 97 and 128, Article 129(1), Articles 130 and 131, Article 134(1) and in this Article and the request provided for in Article 92(1), shall be made in accordance with Regulation (EC) No 792/2009.’

Article 10

Implementing Regulation (EU) No 511/2012 is amended as follows:

  1. (1)

    in Article 1(1), the following point (d) is added:

    ‘(d)

    The total number of recognised producer organisations, associations and interbranch organisations at the end of the previous calendar year.’;

  2. (2)

    in Article 3(1), point (a) is replaced by the following:

    ‘(a)

    the total volume of raw milk, specified per Member State of production, delivered in their territory under contracts negotiated by the recognised producer organisations and associations in accordance with Article 149(2)(f) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council20 in the previous calendar year, as notified to the competent authorities under Article 2(3) of this Regulation, indicating the number of producer organisations and associations and the respective volumes delivered.’;
  3. (3)

    the following Article 5a is inserted:

    ‘Article 5a

    The notifications referred to in this Regulation, with the exception of those referred to in Article 3(2), shall be made in accordance with Commission Regulation (EC) No 792/200921.’

Article 11

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 16 November 2015.

However, Article 3 shall apply from 1 October 2016.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 9 November 2015.

For the Commission

The President

Jean-Claude Juncker