PN No L 391/36 Official Journal of the European Communities 31. 12. 92 COMMISSION .REGULATION (E‘EC)‘ No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes THE COMMISSION OF THE EUROPEAN COMMUNITIES, - Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated adminis- tration and control system for certain Community aid schemes () (hereinafter called ‘integrated system’), and in particular Article 12 thereof, Whereas the purpose of the integrated system is, first and foremost, to enable the reform of the common agricul- tural policy to be implemented efficiently and in . parti- cular to solve the administrative problems caused by the reform having introduced several area-linked aid schemes; whereas certain clarifications necessary for applying the concepts of agricultural parcel and forage area should be made; Whereas the agricultural holding is the reference unit for administering the abovementioned aid schemes ; whereas to prevent the stabilizing effects of the reform on agricul- tural production from being evaded by the artificial split- ting. up of existing holdings or creation of holdings, Member States should be obliged to take the necessary measures to, this effect, taking into account in particular the jurisprudence of the Court of Justice relating to the notion of a holding as well as the general principle of forbidding the abuse of rights; Whereas, having regard to the existing identification system, the Member States should be authorized to set up their systems for identifying areas with the aid of units other than agricultural parcels; whereas, however, this possibility should be accompanied by certain obligations _ in order to ensure that the identification is reliable ; Whereas the compulsory content of the ‘area’ aid applica- tion should be specified, along with the conditions on which it may be amended after the deadline for its submission ; whereas provision should also be made for the set-aside declaration and the declaration concerning () OJ No L 355, 5. 12. 1992, p. 1. non-food products to be submitted with the ‘area’ aid application ; whereas farmers applying only for aid which is not linked to area should be exempted from the requi- rement to submit such an application and the administra- tive treatment of producer groups in the sheep and goat sector should be clarified ; whereas, moreover, if there is to be effective monitoring each Member State should determine the minimum size of agricultural parcel which may be declared in the application ; Whereas, so as to simplify the work as much as possible for farmers, in certain cases it should be possible to submit the ‘area’ aid application together with a ‘livestock’ aid application provided that this does not reduce the possibility of control ; Whereas there should also be an across-the-board defini- tion of the particulars to be included in ‘livestock’ aid applications, having regard to the requirements of admi- nistering the premium schemes concerned ; Whereas compliance with the provisions on Community aid must be effectively monitored ; whereas to this end it is necessary to set out in detail the criteria and technical procedures for carrying out administrative and on-the- spot checks in respect of both ‘livestock’ and ‘area’ aid ; whereas, in the light of experience with on-the-spot checks, risk analysis sould be applied when determining minimum checking rates and the factors to be taken into consideration should be specified ; whereas, for monito- ring purposes, there should be provision for a retention period in the case of the compensatory allowance also ; Whereas the conditions for the use of remote sensing for on-the-spot checks should be laid down and provision should be made for physical checks to be required in doubtful cases; whereas, in order to encourage Member States in their efforts to develop remote sensing and its. practical application for monitoring purposes, there should be provision for the Community to make a finan- cial contribution to the cost of photo interpretation and the conditions for such contribution should be laid down ; whereas this financial contribution does not affect the part-financing provided for in Asticle 10 of Regula- tion (EEC) No 3508/92;