Date: 2023-08-09Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/1620 of 8 August 2023 on temporary emergency measures derogating in respect of the year 2023 from certain provisions of Regulation (EU) 2021/2115 of the European Parliament and of the Council, to resolve specific problems in the fruit and vegetables sector caused by adverse meteorological events and measures linked to them
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
This regulation addresses the difficulties faced by fruit and vegetable producer organizations due to severe meteorological events in spring 2023. It introduces temporary derogations from Regulation (EU) 2021/2115 for the year 2023, increasing flexibility in the use of operational funds. The regulation came into force on the day of its publication (August 9, 2023) and applies until December 31, 2023.
Key Points / Main Content:
Temporary Derogations for 2023:
* The one-third limit on expenditure for crisis prevention and management interventions (Article 47(2)(f, g, h) of Regulation (EU) 2021/2115) does not apply in 2023 in areas affected by the adverse weather events.
* Union financial assistance to operational funds may be increased to 60% of actual expenditure in 2023, for affected producer organizations/associations.
Application and Scope:
* The derogations apply to areas identified by Member States as affected by the severe meteorological events of spring 2023.
* The regulation is binding and directly applicable in all Member States.
Impact Analysis:
Member States:
* Impact: Member States are responsible for identifying the areas affected by the adverse meteorological events of spring 2023.
* Action Required: Identify affected areas.
Recognized Producer Organizations and Associations of Producer Organizations:
* Impact: Increased flexibility in using operational funds to address the consequences of the adverse weather events.
* Action Required: Redirect funds to necessary interventions, taking advantage of the increased financial assistance and relaxed spending limits.
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.
Regulation (EU) 2021/2115: A regulation of the European Parliament and of the Council establishing rules on support for strategic plans under the common agricultural policy.
Common Agricultural Policy (CAP): A set of agricultural policies and subsidies managed at the European Union level.
European Agricultural Guarantee Fund (EAGF): A fund within the framework of the Common Agricultural Policy that provides direct payments and market-related expenditure.
European Agricultural Fund for Rural Development (EAFRD): A fund within the framework of the Common Agricultural Policy that finances rural development programmes.
Spain: A member state of the European Union, specifically the region of Catalonia which experienced drought.
Emilia-Romagna, Italy: A region in Italy where production has been destroyed by a flood.
9.8.2023 EN Official Journal of the European Union L 199/101
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1620
of 8 August 2023
on temporary emergency measures derogating in respect of the year 2023 from certain provisions of
Regulation (EU) 2021/2115 of the European Parliament and of the Council, to resolve specific
problems in the fruit and vegetables sector caused by adverse meteorological events and measures
linked to them
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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(1), and in
particular Article 148(1) thereof,
Whereas:
(1) Due to severe adverse meteorological events that have taken place in several Member States’ regions in the spring of
2023, the production of fruit and vegetables has been dramatically damaged, affecting both the volume produced
and its quality, with higher proportion of class II products and consequent unbalanced pricing among qualities. In
Spain, the planned production in the region of Catalonia is reduced of at least 50 % due to a drought situation,
whereas the production in the region of Emilia-Romagna in Italy has been destroyed by a flood. Drought has also
seriously impacted the level of production and its quality in some regions in France and in Portugal.
(2) Given the severe adverse meteorological events of the spring of 2023, many recognised producer organisations and
associations of producer organisations in the fruit and vegetables sector are facing difficulties in implementing their
approved operational programmes. Some of the approved actions and measures will not be implemented in 2023
and therefore part of operational funds will not be spent. Other recognised producer organisations and associations
of producer organisations are amending their operational programmes with a view to implementing interventions to
address the impact of the severe adverse meteorological events in the fruit and vegetables sector, such as
interventions aiming to crisis prevention and risk management objectives.
(3) Recognised producer organisations and associations of producer organisations may implement, as part of their
approved operational programmes, interventions pursuing crisis prevention and management objectives in the fruit
and vegetables sector as referred to in Article 47(2), points (f), (g) and (h) of Regulation (EU) 2021/2115 that are
intended to increase their resilience to market disturbances.
(4) However, pursuant to Article 50(7), first subparagraph, point (d), of Regulation (EU) 2021/2115, such interventions
are not to comprise more than one third of the total expenditure under the operational programme. In order to
provide greater flexibility for producer organisations impacted by the severe adverse meteorological events of the
spring of 2023 and to enable them to focus the resources under operational programmes to addressing the
consequences of such events, that rule should not apply in the year 2023.
(5) Recognised producer organisations and associations of producer organisations need to be able to redirect funds,
including Union financial assistance within the operational fund to the interventions that are necessary to address
the consequences of the severe adverse meteorological events of the spring of 2023. To ensure that recognised
producer organisations and associations of producer organisations are able to do this, it is necessary to increase in
the year 2023 the limit of Union financial assistance laid down in Article 52(1) of Regulation (EU) 2021/2115 from
50 % to 60 % of the actual expenditure incurred.
(1) OJ L 435, 6.12.2021, p. 1.L 199/102 EN Official Journal of the European Union 9.8.2023
(6) In view of the unprecedented nature of the severe adverse meteorological events of the spring of 2023, it is necessary
to alleviate those difficulties by derogating only to an extent that is strictly necessary and only for the year 2023,
from certain provisions of Regulation (EU) 2021/2115 applicable to interventions in the fruit and vegetables sector.
(7) In view of the necessity to take immediate action, this Regulation should enter into force on the day of its publication
in the Official Journal of the European Union.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Common Agricultural Policy
Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Temporary derogations from Regulation (EU) 2021/2115 with regard to fruit and vegetables
1. By way of derogation from Article 50(7), first subparagraph, point (d), of Regulation (EU) 2021/2115, the limit of one
third of the total expenditure for interventions within the types of intervention referred to in Article 47(2), points (f), (g)
and (h), of that Regulation, shall not apply in the year 2023 in areas affected by the severe adverse meteorological events of
the spring of 2023 to be identified by the Member States.
2. By way of derogation from Article 52(1) of Regulation (EU) 2021/2115, the Union financial assistance to the
operational fund in the year 2023 of producer organisations or associations of producer organisations affected by the
severe adverse meteorological event of the spring of 2023 to be identified by the Member States shall not exceed the
amount of the Union financial contribution to operational funds approved by Member States for the year 2023 and shall
be limited to 60 % of the actual expenditure incurred.
Article 2
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall apply until 31 December 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 August 2023.
For the Commission
The President
Ursula VON DER LEYEN