Commission Implementing Regulation (EU) 2023/2820 of 15 December 2023 providing for emergency financial support for the agricultural sectors affected by natural disasters in Greece and Slovenia

Official Journal EN of the European Union L series 2023/2820 18.12.2023 COMMISSION IMPLEMENTING REGULATION (EU) 2023/2820 of 15 December 2023 providing for emergency financial support for the agricultural sectors affected by natural disasters in Greece and Slovenia THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to 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(1), and in particular Article 221(1) thereof, Whereas: (1) Commission Implementing Regulation (EU) 2023/1465(2)provided emergency financial support to several Member States, including Greece and Slovenia, for the agricultural sectors affected by specific problems impacting on the economic viability of agricultural producers, including certain adverse meteorological events. Subsequently to the entry into force of that Implementing Regulation, new recent exceptional adverse natural disasters impacting on the economic viability of agricultural producers have taken place in Greece and Slovenia. (2) During August and September 2023, parts of Greece were affected by wildfires of an unprecedented magnitude and subsequently by floodings that have severely affected the agricultural land of the affected regions. (3) Between 3 and 4 August 2023, Slovenia recorded extraordinary amounts of rainfall and torrential storms that resulted in landslides and floodings that have negatively affected a significant part of that Member State’s agricultural land. (4) While there are indications that similar events occur in an overall context of increasing climate change-related risks to agriculture, the intensity of the events in Greece and Slovenia has been extraordinary. (5) The significant damages caused by those events to agricultural producers and the resulting loss of income for the affected farmers in Greece and Slovenia endanger the economic viability of agricultural holdings. (6) Under Implementing Regulation (EU) 2023/1465, Greece and Slovenia received aid to target the impacts of specific problems on agricultural producers. However, this aid is not sufficient in view of the magnitude and severity of the damages caused to producers by the exceptional meteorological events that occurred during the summer 2023. A new exceptional measure should therefore be adopted to contribute to addressing the specific problems in the wake of these events. (1) OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj. (2) Commission Implementing Regulation (EU) 2023/1465 of 14 July 2023 providing for emergency financial support for the agricultural sectors affected by specific problems impacting on the economic viability of agricultural producers (OJ L 180, 17.7.2023, p. 21, ELI: http://data.europa.eu/eli/reg_impl/2023/1465/oj). ELI: http://data.europa.eu/eli/reg_impl/2023/2820/oj 1/4EN OJ L, 18.12.2023 (7) The difficulties mentioned constitute a specific problem within the meaning of Article 221 of Regulation (EU) No 1308/2013 that cannot be readily addressed by measures taken pursuant to Articles 219 or 220 of that Regulation. The situation is not specifically linked to an identified unique market disturbance or a precise threat thereof. It is not linked either to measures that would combat the spread of animal diseases or the loss of consumer confidence due to public, animal or plant health risks. (8) The amounts made available to Greece and Slovenia should be determined, taking into account, in particular, the respective weight of Greece and Slovenia in the Union’s agricultural sector, on the basis of the net ceilings for direct payments set out in Annex V to Regulation (EU) 2021/2115 of the European Parliament and of the Council(3), as well as the impact of the recent events in these Member States. (9) Greece and Slovenia should distribute the aid through the most effective channels on the basis of objective and non- discriminatory criteria that take account of the extent of the difficulties and economic damages faced by the farmers concerned. They should ensure that farmers are the ultimate beneficiaries of the aid and avoid any distortions of the market or of competition. (10) As the amounts allocated to Greece and Slovenia would address the economic difficulties faced by farmers only partially, the Member State should be allowed to grant additional national support to producers, under the conditions and within the time limits set by this Regulation. (11) In order to give Greece and Slovenia the flexibility to distribute the aid as circumstances of the farmers concerned require, it should be allowed to cumulate it with other support financed by the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development without overcompensating the farmers. (12) In order to avoid overcompensation, Greece and Slovenia should take into account the support granted under other national or Union support instruments or private schemes to respond to the economic losses concerned. (13) For budgetary reasons, the Union should finance the expenditure incurred by Greece and Slovenia under this exceptional measure only where such expenditure is made by a certain eligibility date. The support for this exceptional measure should therefore be paid by 31 May 2024. (14) Greece and Slovenia should communicate to the Commission detailed information about the implementation of this Regulation, to enable the Union to monitor the efficiency of the measure introduced by this Regulation. (15) In order to ensure that farmers receive aid as soon as possible, Greece and Slovenia should be enabled to implement this Regulation without delay. Therefore, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. (16) The measure provided for in this Regulation is in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, HAS ADOPTED THIS REGULATION: Article 1 1. Union aid of a total amount of EUR 43 082 500 shall be available to Greece and Union aid of a total amount of EUR 8 585 500shall be available to Slovenia, to provide exceptional support to farmers subject to the conditions set out in this Regulation. (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, ELI: http://data.europa.eu/eli/reg/2021/2115/oj). 2/4 ELI: http://data.europa.eu/eli/reg_impl/2023/2820/ojEN OJ L, 18.12.2023 2. Greece and Slovenia shall use the amounts referred to in paragraph 1 for measures aiming to compensate the most affected farmers for the economic losses impacting on their viability. 3. The measures shall be taken on the basis of objective and non-discriminatory criteria that take account of the economic losses borne by the affected farmers and ensure that the resulting payments do not cause any market or competition distortion. 4. Greece and Slovenia shall ensure that, when farmers are not the direct beneficiaries of the payments of the Union aid, the economic benefit of the Union aid is passed on to them in full. 5. The expenditure borne by Greece and Slovenia referred to in paragraph 1 in relation to the payments for the measures referred to in paragraph 2 shall only be eligible for Union aid if those payments are made by 31 May 2024. 6. Measures under this Regulation may be cumulated with other support financed by the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development. 7. Greece and Slovenia may grant additional national support for the measures taken under paragraph 2 up to a maximum of 200 % of the respective amounts set out in paragraph 1, on the basis of objective and non-discriminatory criteria, provided that the resulting payments do not cause any market or competition distortion, or overcompensation. 8. In order to avoid overcompensation, when granting support under this Regulation, Greece and Slovenia shall take into account the support granted under other national or Union support instruments or private schemes to respond to the economic losses concerned. Article 2 1. Without delay and no later than 29 February 2024, Greece and Slovenia shall notify the Commission of the following in relation to measures implemented under Article 1: (a) a description of the measures to be taken; (b) the criteria used to determine the methods for granting the aid and the rationale for distributing the aid across farmers; (c) the intended impact of the measures in view of compensating farmers for economic losses; (d) the actions taken to verify that the intended impact of the measures is reached; (e) the actions taken to avoid distortion of competition and overcompensation; (f) the forecast for payments of the Union expenditure broken-down per month until 31 May 2024; (g) the level of additional support granted pursuant to Article 1(7); (h) the actions taken to control the eligibility of farmers and to protect the financial interests of the Union. 2. No later than 15 October 2024, Greece and Slovenia shall notify the Commission of the total amounts paid per measure, when applicable, broken down by Union aid and additional national aid, the number and type of beneficiaries and the assessment of the effectiveness of the measure. Article 3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. ELI: http://data.europa.eu/eli/reg_impl/2023/2820/oj 3/4EN OJ L, 18.12.2023 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 15 December 2023. For the Commission The President Ursula VON DER LEYEN 4/4 ELI: http://data.europa.eu/eli/reg_impl/2023/2820/oj