Article 2

Regulation (EC) No 796/2004 is amended as follows:

1. 1..

   In Article 44, the following paragraph 1a is inserted:

   ‘1a.

   When establishing the minimum control rate referred to in paragraph 1 of this Article, the actions required in Article 6(3) or in the third subparagraph of Article 7(2) of Regulation (EC) No 1782/2003 shall not be taken into account.’

2. 2..

   In Article 48, paragraph 2 is replaced by the following:

   ‘2.

   The farmer shall be informed of any determined non-compliance within three months after the date of the on-the-spot check.

   Unless the farmer has taken immediate remedial action putting an end to the non-compliance found in the sense of Article 7(2) of Regulation (EC) No 1782/2003, the farmer shall be informed that remedial action shall be taken pursuant to that provision within the time limit set in the first subparagraph.

   Where a Member State makes use of the possibility not to apply a reduction or exclusion as provided for in Article 6(3) of Regulation (EC) No 1782/2003, the farmer concerned shall be informed, at the latest within one month after it is decided not to apply the reduction or exclusion of the payment, that remedial action shall be taken.’

3. 3..

   In Article 65, paragraph 2 is deleted, subject to Article 3 of this Regulation.

4. 4..

   In Article 66, the following paragraphs 2a and 2b are inserted:

   ‘2a.

   Where a Member State makes use of the possibility not to apply a reduction or exclusion as provided for in Article 6(3) of Regulation (EC) No 1782/2003 and the farmer has not remedied the situation within a given deadline, the reduction or exclusion shall be applied.

   The deadline shall be set by the competent authority and shall not be later than the end of the year following the one in which the finding was made.

   2b.

   Where a Member State makes use of the possibility to consider a case of non-compliance as minor, as provided for in the second and third subparagraphs of Article 7(2) of Regulation (EC) No 1782/2003, and the farmer has not remedied the situation within a given deadline, a reduction shall be applied.

   The deadline shall be set by the competent authority and shall not be later than the end of the year following the one in which the finding was made.

   The non-compliance in question shall not be considered as minor and a reduction of at least 1 % as provided for in paragraph 1 shall be applied.

   Furthermore, a non-compliance which has been considered as minor and which has been remedied by the farmer within the time limit set in the first subparagraph shall not be considered as a non-compliance for the purpose of paragraph 4.’

5. 5..

   In Article 74, paragraph 7 is deleted.