Date: 2022-08-19Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2022/1408 of 16 June 2022 amending Regulation (EU) 2021/2116 of the European Parliament and of the Council as regards the payment of advances for certain interventions and support measures provided for in Regulations (EU) 2021/2115 and (EU) No 1308/2013 of the European Parliament and of the Council
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
This Commission Delegated Regulation (EU) 2022/1408 amends Regulation (EU) 2021/2116, allowing Member States to pay advances for interventions specified in Regulation (EU) 2021/2115, the aid scheme for the supply of fruit/vegetables and milk/milk products in educational establishments as outlined in Regulation (EU) No 1308/2013, and measures supporting agricultural markets under Articles 219-221 of Regulation (EU) No 1308/2013. The regulation enters into force seven days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
Advances for Interventions and Support Measures:
* Member States can pay advances to beneficiaries of interventions under Title III, Chapter III, of Regulation (EU) 2021/2115, subject to specific conditions.
* Advances can be paid under the aid scheme in Part II, Title I, Chapter II, Section 1, of Regulation (EU) No 1308/2013, starting with the 2023-2024 school year, subject to specific conditions.
* Advances can be paid to beneficiaries of agricultural market support measures adopted under Articles 219, 220, and 221 of Regulation (EU) No 1308/2013, subject to specific conditions.
General Provision:
* The payment of advances is subject to specific conditions laid down pursuant to Article 44(5) of Regulation (EU) 2021/2116.
Impact Analysis:
Member States:
* Impact: Have the option to pay advances for specific interventions, aid schemes, and market support measures.
* Action Required: Decide whether to implement the option to pay advances, and if so, adhere to the specific conditions laid down pursuant to Article 44(5) of Regulation (EU) 2021/2116.
Beneficiaries of Interventions and Support Measures:
* Impact: May receive advances for interventions under Title III, Chapter III, of Regulation (EU) 2021/2115, for the school aid scheme under Regulation (EU) No 1308/2013, and for agricultural market support measures adopted under Articles 219, 220, and 221 of Regulation (EU) No 1308/2013 if their Member State chooses to implement this option.
* Action Required: Be aware of the potential for advance payments and comply with any requirements set by their Member State to receive such payments.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget.
European Parliament: The parliamentary body of the European Union that shares legislative and budgetary powers with the Council of the European Union.
Regulation (EU) 2021/2116: Regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy.
Regulation (EU) No 1308/2013: Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.
Regulation (EU) 2021/2115: Regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans).
European Agricultural Guarantee Fund (EAGF): A fund providing direct payments and market-related expenditure in the EU's common agricultural policy.
European Agricultural Fund for Rural Development (EAFRD): A fund financing rural development programs under the EU's common agricultural policy.
19.8.2022 EN Official Journal of the European Union L 216/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) 2022/1408
of 16 June 2022
amending Regulation (EU) 2021/2116 of the European Parliament and of the Council as regards the
payment of advances for certain interventions and support measures provided for in Regulations
(EU) 2021/2115 and (EU) No 1308/2013 of the European Parliament and of the Council
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021on the
financing, management and monitoring of the common agricultural policy and repealing Regulation (EU)
No 1306/2013(1), and in particular Article 44(4) thereof,
Whereas:
(1) Article 44 of Regulation (EU) 2021/2116 provides for the possibility for Member States to pay advances to
beneficiaries of certain interventions and other support measures. Regulation (EU) No 1308/2013 of the European
Parliament and of the Council(2) already provides for that possibility but only for interventions in the sectors of
fruit and vegetables, wine, olive oil and table olive.
(2) In order to ensure the coherent and non-discriminatory payment of advances, the possibility to pay advances should
be extended to all the interventions referred to in Title III, Chapter III, of Regulation (EU) 2021/2115 of the European
Parliament and of the Council(3).
(3) For that same reason, the possibility for Member States to pay advances should be extended to the aid scheme for the
supply of fruit and vegetables and of milk and milk products in educational establishments laid down in Part II, Title
I, Chapter II, Section 1, of Regulation (EU) No 1308/2013. The payment of those advances should be subject to the
specific conditions laid down pursuant to Article 44(5) of Regulation (EU) 2021/2116. Considering that the
administration and implementation of that aid scheme is based on school years, as defined in Article 1(2) of
Commission Implementing Regulation (EU) 2017/39(4), the system of advance payments should apply to aid for
school year 2023/2024 and subsequent school years.
(1) OJ L 435, 6.12.2021, p. 187.
(2) 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 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(3) Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for
strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the
European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing
Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
(4) Commission Implementing Regulation (EU) 2017/39 of 3 November 2016 on rules for the application of Regulation (EU)
No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables,
bananas and milk in educational establishments (OJ L 5, 10.1.2017, p. 1).L 216/2 EN Official Journal of the European Union 19.8.2022
(4) Exceptional measures supporting agricultural markets in accordance with Articles 219 to 221 of Regulation (EU)
No 1308/2013 aim at solving specific market problems or disturbances. Those exceptional measures can take the
form of extraordinary and temporary Union financial support to the impacted sectors. The current rules do not
allow Member States to pay advances of such support. However, experience shows that exceptional market support
measures must take immediate effect in order to avoid irremediable market deterioration. It is therefore appropriate
to allow Member States to pay advances to beneficiaries of those exceptional market support measures, subject to
the specific conditions laid down pursuant to Article 44(5) of Regulation (EU) 2021/2116.
(5) Regulation (EU) 2021/2116 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
In Article 44 of Regulation (EU) 2021/2116, the following paragraphs 3a, 3b and 3c are inserted:
‘3a. Member States may decide to pay advances to beneficiaries of the interventions referred to in Title III, Chapter III, of
Regulation (EU) 2021/2115, subject to the specific conditions laid down pursuant to paragraph 5.
3b. Member States may decide to pay advances under the aid scheme laid down in Part II, Title I, Chapter II, Section 1, of
Regulation (EU) No 1308/2013 in respect of aid for school year 2023/2024 and subsequent school years, subject to the
specific conditions laid down pursuant to paragraph 5.
3c. Member States may decide to pay advances to beneficiaries of measures supporting agricultural markets adopted
under Articles 219, 220 and 221 of Regulation (EU) No 1308/2013, subject to the specific conditions laid down pursuant
to paragraph 5.’.
Article 2
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 June 2022.
For the Commission
The President
Ursula VON DER LEYEN