Date: 2023-01-06Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Delegated Regulation (EU) 2023/57 of 31 October 2022 amending and correcting Delegated Regulation (EU) 2022/127 supplementing Regulation (EU) 2021/2116 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 2023/57 amends and corrects Delegated Regulation EU 2022/127, which supplements Regulation EU 2021/2116 regarding the common agricultural policy. It sets specific conditions for advance payments to beneficiaries, adapts provisions on securities, corrects a reference error, and ensures continuity for exchange rates in apiculture programmes. The regulation entered into force on the seventh day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Advances to Beneficiaries:**
* Advances under Article 443a of Regulation EU 2021/2116 cannot exceed 80% of the forecasted expenditure for approved programs or interventions under Articles 55 and 58 of Regulation EU 2021/2115.
* Advances require the lodging of a security at least equivalent to the advance amount.
* **Securities:**
* Section scope applies when Union rules allow sums to be advanced before fulfilling obligations for aid or advantages.
* Applications for security release related to advance payments must include documents proving entitlement or repayment of the sum plus any additions.
* **Apiculture Programmes:**
* For aid payments under apiculture programmes per Article 55 of Regulation EU No 1308/2013, the operative event for the exchange rate is January 1 of the payment year.
* **Correction to Delegated Regulation EU 2022/127:**
* Article 24(4) is corrected: security forfeiture for exceeding the time limit for proof of obligation fulfilment is calculated daily using the formula 0,2/time limit in days set, considering Article 26.
Impact Analysis:
Paying Agencies and Other Bodies:
* Impact: Must adhere to the new specific conditions for advance payments, including maximum percentages and security requirements.
* Action Required: Adjust procedures to ensure compliance with the new advance payment rules and security requirements.
Beneficiaries:
* Impact: Can receive advances under specific conditions, including limits on the amount and the need to provide security.
* Action Required: Provide necessary documentation and security to receive advance payments.
Member States:
* Impact: Need to implement and monitor the new rules regarding advance payments and securities.
* Action Required: Incorporate the changes into national regulations and administrative practices.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Parliament: One of the legislative branches of the European Union.
Council of the European Union: A legislative body of the European Union comprising ministers from member states.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day operations.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining its scope and powers.
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 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.
Delegated Regulation EU 2022/127: Commission Delegated Regulation 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.
6.1.2023 EN Official Journal of the European Union L 5/7
COMMISSION DELEGATED REGULATION (EU) 2023/57
of 31 October 2022
amending and correcting Delegated Regulation (EU) 2022/127 supplementing Regulation (EU)
2021/2116 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(5), Article 64(3), point (d), and Article 94(5) 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(3a) of Regulation (EU) 2021/2116, Member States may decide to pay advances to
beneficiaries as regards the interventions referred to in Title III, Chapter III, of Regulation (EU) 2021/2115 of the
European Parliament and of the Council(3)and as regards measures regulating or supporting agricultural markets.
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 maximum
percentages of forecast expenditure and the requirement for beneficiaries to lodge a security.
(3) In addition, the provisions on securities laid down in Chapter IV of Delegated Regulation (EU) 2022/127 should be
adapted to take into account those specific conditions.
(4) In Article 24(4) of Delegated Regulation (EU) 2022/127, the reference to Article 27 is incorrect and should be
replaced by a reference to Article 26 of that Regulation.
(5) For aid payments under apiculture programmes made pursuant to Article 55 of Regulation (EU) No 1308/2013 of
the European Parliament and of the Council(4), it is appropriate to ensure continuity by maintaining the currently
applicable operative event for the exchange rate.
(6) Delegated Regulation (EU) 2022/127 should therefore be amended and corrected accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Delegated Regulation (EU) 2022/127
Delegated Regulation (EU) 2022/127 is amended as follows:
(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) 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) 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).L 5/8 EN Official Journal of the European Union 6.1.2023
(1) the following Chapter IIIa is inserted:
‘CHAPTER IIIa
Specific conditions for the payment of advances
Article 15a
Specific conditions for the payment of advances referred to in Article 44(3a) of Regulation (EU) 2021/2116
1. The payment of advances referred to in Article 44(3a) of Regulation (EU) 2021/2116 shall not exceed 80 % of the
forecasted expenditure of the approved operational programme or, where relevant, of the interventions referred to in
Articles 55 and 58 of Regulation (EU) 2021/2115.
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.’;
(2) Article 27 is replaced by the following:
‘Article 27
Scope
This Section shall apply in cases where specific Union rules provide that a sum may be advanced before the obligation
established to obtain any aid or advantage has been met.’;
(3) in Article 28, the following paragraph 1a is inserted:
‘1a. Applications for the release of the security relating to advance payments shall be accompanied by supporting
documents proving final entitlement to the sum granted or that the sum granted, plus any addition provided for in the
specific Union rules, has been repaid.’;
(4) the following Article 31a is inserted:
‘Article 31a
Apiculture programmes
For amounts paid as aid under apiculture programmes pursuant to Article 55 of Regulation (EU) No 1308/2013, the
operative event for the exchange rate shall be 1 January of the year when the payment is made.’.
Article 2
Correction to Delegated Regulation (EU) 2022/127
In Article 24 of Delegated Regulation (EU) 2022/127, the first subparagraph of paragraph 4 is replaced by the following:
‘4. If an obligation is fulfilled timely, and the presentation of the proof of fulfilment is subject to a fixed time limit, the
security covering that obligation shall be forfeited for each calendar day exceeding that time limit according to the formula
0,2/time limit in days set and taking account of Article 26.’.
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.6.1.2023 EN Official Journal of the European Union L 5/9
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 October 2022.
For the Commission
The President
Ursula VON DER LEYEN