Commission Implementing Decision (EU) 2021/262 of 17 February 2021 excluding from European Union financing certain expenditure incurred by the United Kingdom under the European Agricultural Guarantee Fund (EAGF) (notified under document C(2021) 895) (Only the English text authentic)

19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 59/33 COMMISSION IMPLEMENTING DECISION (EU) 2021/262 of 17 February 2021 excluding from European Union financing certain expenditure incurred by the United Kingdom under the European Agricultural Guarantee Fund (EAGF) (notified under document C(2021) 895) (Only the English text authentic) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(1), and in particular Article 52 thereof, in conjunction with Articles 131 and 138 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, After consulting the Committee on the Agricultural Funds, Whereas: (1) In accordance with Article 52 of Regulation (EU) No 1306/2013, the Commission is to carry out the necessary verifications, communicate to the United Kingdom the results of those verifications, take note of the comments provided by the United Kingdom, initiate a bilateral discussion so that an agreement may be reached and formally communicate its conclusions to the United Kingdom. (2) The United Kingdom has had an opportunity to request the launch of a conciliation procedure, but did not request it. (3) In accordance with Regulation (EU) No 1306/2013, only agricultural expenditure, which has been incurred in a way that has not infringed Union law may be financed. (4) In the light of the verifications carried out and the outcome of the bilateral discussion, part of the expenditure declared by the United Kingdom does not fulfil this requirement and cannot therefore be financed under the EAGF. (5) The amounts that are not recognised as being chargeable to the EAGF should be indicated. Those amounts do not relate to expenditure incurred more than twenty-four months before the Commission’s written notification of the results of the verifications to the United Kingdom. (6) The amounts excluded from Union financing by this Decision should also take into account any reductions or suspensions in accordance with Article 41 of Regulation (EU) No 1306/2013 due to the fact that such reductions or suspensions are of a provisional nature and without prejudice to decisions taken pursuant to Articles 51 or 52 of that Regulation. (7) As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non- compliance with Union law was notified by the Commission to the United Kingdom in a summary report on the subject(2). (8) This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice of the European Union in cases pending on 31 January 2021, (1) OJ L 347, 20.12.2013, p. 549. (2) Ares(2021)582569L 59/34 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021 HAS ADOPTED THIS DECISION: Article 1 The amounts set out in the Annex and related to expenditure incurred by the United Kingdom’s accredited paying agencies and declared under the EAGF shall be excluded from Union financing. Article 2 This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland. Done at Brussels, 17 February 2021. For the Commission Janusz WOJCIECHOWSKI Member of the CommissionANNEX Budget Item: 6200 Member Measure FY Reason Type Correction % Currency Amount Deductions Financial Impact State GB Fruit and Vegetables - 2017 Deficiencies in the key controls: 1) "Appro­ FLAT 5,00% EUR - 1 375 416,17 0,00 - 1 375 416,17 Operational priate performance of the administrative RATE programmes incl checks to establish the eligibility of OPs and withdrawals aid applications", 2) "Performance of OTSCs of sufficient quality on aid applications". Fruit and Vegetables - 2018 Deficiencies in the key controls: 1) "Appro­ FLAT 5,00% EUR - 1 927 603,62 0,00 - 1 927 603,62 Operational priate performance of the administrative RATE programmes incl checks to establish the eligibility of OPs and withdrawals aid applications", 2) "Performance of OTSCs of sufficient quality on aid applications". Fruit and Vegetables - 2019 Deficiencies in the key controls: 1) "Appro­ FLAT 5,00% EUR - 1 866 379,21 0,00 - 1 866 379,21 Operational priate performance of the administrative RATE programmes incl checks to establish the eligibility of OPs and withdrawals aid applications", 2) "Performance of OTSCs of sufficient quality on aid applications". Fruit and Vegetables - 2020 Deficiencies in the key controls: 1) "Appro­ FLAT 5,00% EUR - 663 480,23 0,00 - 663 480,23 Operational priate performance of the administrative RATE programmes incl checks to establish the eligibility of OPs and withdrawals aid applications", 2) "Performance of OTSCs of sufficient quality on aid applications". Total GB: EUR - 5 832 879,23 0,00 - 5 832 879,23 Currency Amount Deductions Financial Impact EUR - 5 832 879,23 0,00 - 5 832 879,23 19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 59/35