Date: 2023-07-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2023/1448 of 10 May 2023 amending Delegated Regulation (EU) 2022/127 as regards the payment of advances under the school scheme and correcting that Regulation
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
Commission Delegated Regulation (EU) 2023/1448 amends Delegated Regulation (EU) 2022/127 concerning the payment of advances under the school scheme. It specifies conditions for advance payments, including security requirements and waivers for public authorities, and corrects the title and content of Article 28 regarding security release and forfeiture. The regulation comes into force seven days after its publication in the Official Journal of the European Union.
Key Points / Main Content:
Advances Under the School Scheme:
* Advance payments for the school scheme under Article 44(3b) of Regulation (EU) 2021/2116 shall not exceed 80% of the aid for specific activities (supply/distribution of products, educational measures, monitoring/evaluation, publicity).
* Advance payments require lodging a security at least equivalent to the advance amount.
* Competent authorities can waive the security requirement for public authorities.
Correction of Article 28 of Delegated Regulation (EU) 2022/127:
* The title of Article 28 is replaced with "Release and forfeiture of securities."
* Paragraph 2 of Article 28 is replaced, stating that the competent authority shall immediately forfeit the security if evidence of entitlement is not provided by the deadline, following the procedure in Article 56 of Commission Implementing Regulation (EU) 2022/128.
Impact Analysis:
Member States:
Impact: Must apply the new rules regarding advance payments and security waivers under the school scheme.
Action Required: Implement the changes to the payment procedures for the school scheme, including the possibility of waiving security requirements for public authorities.
Paying Agencies and Competent Authorities:
Impact: Need to adapt their procedures for managing securities and advance payments, and for handling security forfeiture.
Action Required: Update internal processes to reflect the new conditions for advance payments, the possibility of waiving security requirements for public authorities, and the revised procedure for security release and forfeiture.
Aid Applicants (including Public Authorities):
Impact: Public authorities may benefit from waived security requirements. All applicants are subject to the new advance payment conditions.
Action Required: Understand the new rules for advance payments and security requirements, and comply with the updated procedures when applying for aid under the school scheme.
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, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its objectives, institutions, and decision-making processes.
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.
Commission Delegated Regulation EU 2022/127: A delegated regulation supplementing Regulation EU 2021/2116 with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro.
Commission Implementing Regulation EU 2022/128: A Commission Implementing Regulation laying down rules for the application of Regulation EU 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance of accounts, checks, securities and transparency
Brussels: The city where the regulation was adopted, and also the de facto capital of the European Union, located in Belgium.
L 179/2 EN Official Journal of the European Union 14.7.2023
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) 2023/1448
of 10 May 2023
amending Delegated Regulation (EU) 2022/127 as regards the payment of advances under the school
scheme and correcting that Regulation
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(5) and Article 64(3), point (b), thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2022/127(2)supplements Regulation (EU) 2021/2116 with rules on paying
agencies and other bodies, financial management, clearance of accounts, securities and use of euro.
(2) In accordance with Article 44(3b) of Regulation (EU) 2021/2116, 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 of the European
Parliament and of the Council(3)in respect of aid for school year 2023/2024 and subsequent school years. In order
to ensure a coherent and non-discriminatory payment of advances and to guarantee the protection of Union funds, it
is appropriate to set out specific conditions for the payment of advances in the form of a maximum percentage of aid
to the applicants and the requirement for aid applicants to lodge a security.
(3) Article 19 of Delegated Regulation (EU) 2022/127 lays down the specific situations in which the competent
authority may waive the requirement of a security. Given that the risk of non-compliance with the obligations
under the school scheme is low where aid applicants are public authorities, it is appropriate to allow the competent
authority to also waive the requirement of a security for those aid applicants.
(4) In Article 28 of Delegated Regulation (EU) 2022/127, the title should also refer to the forfeiture of the securities and,
for reasons of clarity, the reference to Article 56 of Commission Implementing Regulation (EU) 2022/128(4)laying
down the procedure for forfeiting the security should be added in paragraph 2.
(1) OJ L 435, 6.12.2021, p. 187.
(2) Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European
Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities
and use of euro (OJ L 20, 31.1.2022, p. 95).
(3) 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).
(4) Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the application of Regulation
(EU) 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance
of accounts, checks, securities and transparency (OJ L 20, 31.1.2022, p. 131).14.7.2023 EN Official Journal of the European Union L 179/3
(5) Delegated Regulation (EU) 2022/127 should therefore be amended and corrected accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Amendment to Delegated Regulation (EU) 2022/127
In Chapter IIIa of Delegated Regulation (EU) 2022/127, the following Article is added:
‘Article 15b
Specific conditions for the payment of advances referred to in Article 44(3b) of Regulation (EU) 2021/2116
1. The payment of advances referred to in Article 44(3b) of Regulation (EU) 2021/2116 shall not exceed 80 % of the aid
which aid applicants are entitled to for the implementation of one or more of the following activities in the course of the
school year:
(a) the supply or distribution of products to children;
(b) accompanying educational measures;
(c) monitoring or evaluation actions;
(d) publicity.
2. The payment of advances referred to in paragraph 1 shall be subject to the lodging of a security at least equivalent to
the amount of the advance.
3. By way of derogation from Article 19, the competent authority may also waive the security requirement where the
party responsible for meeting the obligation is a public authority.’.
Article 2
Correction of Delegated Regulation (EU) 2022/127
Article 28 of Delegated Regulation (EU) 2022/127 is corrected as follows:
(1) the title is replaced by the following:
‘Release and forfeiture of securities’;
(2) paragraph 2 is replaced by the following:
‘2. Once the deadline for proving final entitlement to the sum granted has passed without production of evidence of
entitlement, the competent authority shall immediately forfeit the security in accordance with the procedure laid down
in Article 56 of Commission Implementing Regulation (EU) 2022/128 (*).
However, where specific Union rules so provide, evidence may still be produced after that date against partial
repayment of the security.
_____________
(*) Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the
application of Regulation (EU) 2021/2116 of the European Parliament and of the Council on paying agencies and
other bodies, financial management, clearance of accounts, checks, securities and transparency (OJ L 20,
31.1.2022, p. 131).’.L 179/4 EN Official Journal of the European Union 14.7.2023
Article 3
Entry into force
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, 10 May 2023.
For the Commission
The President
Ursula VON DER LEYEN