Judgment_paragraph 12 · Matthias Kruck v Landkreis Potsdam-Mittelmark (C-192/06)

12Under Article 9 of Regulation No 3887/92:1. If the area actually determined is found to be greater than that declared in the “area” aid application, the area declared shall be used for calculation of the aid.2. If the area actually determined is found to be less than that declared in an “area” aid application, the area actually determined on inspection shall be used for calculation of the aid. However, except in cases of force majeure, the area actually determined on inspection shall be reduced by twice the difference found if this is more than 3% or two hectares but not more than 20% of the determined area.Where the difference from the area declared is more than 20% of the area determined, no area-linked aid or compensation shall be granted....The reductions shall not be made where growers can prove that in their declaration they have made correct use of information accepted by the competent authority....For the purposes of this article, “determined area” means the area for which all of the conditions laid down in the rules have been met.3. Forage areas, set-aside areas and each arable crop area for which a different aid rate is applicable shall be treated exclusively and separately for the purposes of applying paragraphs 1 and 2.4(a) The areas established in accordance with the provisions of paragraphs 1 to 3 for the purpose of calculating the aid shall be used for the calculation of the limit of the premiums referred to in Articles 4g and 4h of Regulation (EEC) No 805/68, as well as for the calculation of the compensatory allowance.The calculation of the maximum eligible area for the compensatory payments to arable crop producers shall be made on the basis of the area of set-aside land actually determined and on a pro rata basis for each crop concerned.(b) Where the set-aside obligation is transferred, the calculations referred to in subparagraph (a) of the maximum area eligible for compensatory payments to arable crop producers shall be made as follows:— on the basis of the determined area of the set aside minus the area of set aside transferred, for the farm where the transferred set aside obligation is performed,— on the basis of the determined set-aside area including the set-aside area transferred, for the farm which has transferred the set-aside obligation....’