Commission Delegated Regulation (EU) 2021/374 of 27 January 2021 amending Delegated Regulation (EU) 2020/884 derogating in respect of the year 2020 from Delegated Regulation (EU) 2017/891 as regards the fruit and vegetables sector and from Delegated Regulation (EU) 2016/1149 as regards the wine sector in connection with the COVID-19 pandemic, and amending Delegated Regulation (EU) 2016/1149

• CELEX: Delegated Regulation (EU) 2021/374
• Articles: 3

Article 1 Amendments to Delegated Regulation (EU) 2020/884

Article 2 of Delegated Regulation (EU) 2020/884 is amended as follows:

(1)

paragraph 1 is replaced by the following:

‘1.   By way of derogation from Article 22 of Delegated Regulation (EU) 2016/1149, during the years 2020 and 2021, green harvesting may be applied on the same parcel for two or more consecutive years.’;

(2)

paragraph 3 is replaced by the following:

‘3.   By way of derogation from Article 53(1) of Delegated Regulation (EU) 2016/1149, Member States may, in duly justified cases related to the COVID-19 pandemic, allow changes that occur not later than 15 October 2021, to be implemented without prior approval provided that they do not affect the eligibility of any part of the operation and its overall objectives and provided that the total amount of approved support for the operation is not exceeded. Such changes shall be notified to the competent authority by the beneficiaries within the deadlines set by the Member States.’;

(3)

paragraph 4 is replaced by the following:

‘4.   By way of derogation from Article 53(1) of Delegated Regulation (EU) 2016/1149, Member States may, in duly justified cases related to the COVID-19 pandemic, allow beneficiaries to submit changes that occur not later than 15 October 2021 and that modify the objective of the overall operation already approved under the measures referred to in Articles 45, 46, 50 and 51 of Regulation (EU) No 1308/2013, provided that any ongoing individual actions which are part of an overall operation are completed. Such changes shall be notified to the competent authority by the beneficiaries within the deadline set by the Member States, and shall require the prior approval of the competent authority.’;

(4)

paragraph 6 is replaced by the following:

‘6.   By way of derogation from the third, fourth, fifth and sixth subparagraphs of Article 54(4) of Delegated Regulation (EU) 2016/1149, for payment claims submitted not later than 15 October 2021, where operations supported under Articles 46 and 47 of Regulation (EU) No 1308/2013 are not implemented on the total surface for which support was requested for reasons related to the COVID-19 pandemic, Member States shall calculate the support to be paid on the basis of the area determined by the on-the-spot checks following implementation.’.

Article 2 Amendments to Delegated Regulation (EU) 2016/1149

Article 54 of Delegated Regulation (EU) 2016/1149 is amended as follows:

(1)

paragraph 2 is replaced by the following:

‘2.   Where support is normally payable after implementation of the overall operation, support shall nevertheless be paid for the individual actions implemented if checks show that the remaining actions could not be carried out due to force majeure or exceptional circumstances within the meaning of Article 2(2) of Regulation (EU) No 1306/2013 or if checks show that, even if the remaining actions were not carried out, the overall objective of the operation has nevertheless been achieved.’;

(2)

the following paragraph is inserted:

‘2a.   If checks show that an overall operation covered by the support application has not been fully implemented but the overall objective of the operation has nevertheless been achieved, Member States shall pay support for the individual actions which have been implemented in accordance with paragraph 2 and apply a penalty amounting to 100 % of the amount initially allocated to those actions in the support application which have not been fully implemented.

In cases where the amount of support which has been paid after implementation of individual actions is higher than the amount determined as due after checks have been carried out, Member States shall recover the support paid unduly.

In such cases, if an advance has been paid, Member States may decide to apply a penalty.’;

(3)

in paragraph 3, the first subparagraph is replaced by the following:

‘3.   If checks show that an overall operation covered by the support application has not been fully implemented in cases other than the ones laid down in paragraph 2, and where support has been paid after individual actions which are part of the overall operation covered by the support application, Member States shall recover the support paid.’.

Article 3 Entry into force and application

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union .

Article 1 shall apply from 16 October 2020.