Article 1 Amendment of Regulation (EC) No 1121/2009

Regulation (EC) No 1121/2009 is amended as follows:

1. (1)

   in Title III, the title of Chapter 2 is replaced by the following:

   ‘ Complementary national direct payments and transitional national aid ’;

2. (2)

   Article 91 is replaced by the following:

   ‘Coefficient of reduction

   Article 91

   Where in a given sector the complementary national direct payments or the transitional national aid would exceed the maximum level authorised by the Commission in accordance with Article 132(7) or 133a(5) of Regulation (EC) No 73/2009, the rate of complementary national direct payments or transitional national aid of the concerned sector shall be reduced proportionally by application of a coefficient of reduction.’;

3. (3)

   Articles 93, 94 and 95 are replaced by the following:

   ‘Controls

   Article 93

   New Member States shall apply appropriate control measures in order to ensure that the conditions for the granting of the complementary national direct payments and the transitional national aid, as set out by the Commission authorisation granted in accordance with Article 132(7) or 133a(5) of Regulation (EC) No 73/2009, are complied with.

   Annual report

   Article 94

   New Member States shall submit a report providing information on the measures for the implementation of the complementary national direct payments and the transitional national aid before 30 June of the year following their implementation. The report shall cover at least the following:

   1. (a)

      any changes in the situation affecting those payments;

   2. (b)

      for each of those payments, the numbers of beneficiaries, the total amount of national aid granted, the hectares, the number of animals or other units of payment paid and the rate of the payment where relevant;

   3. (c)

      a report on control measures applied in accordance with Article 93.

   State aid

   Article 95

   Complementary national direct payments and transitional national aid paid not in conformity with the authorisation granted by the Commission in accordance with Articles 132(7) and 133a(5) of Regulation (EC) No 73/2009 shall be considered as unlawful State aid within the meaning of Council Regulation (EC) No 659/1999^f1.’.