CHAPTER I — GENERAL PROVISIONS
Measures to resolve specific problems
1. In order to resolve specific problems, the Commission shall adopt implementing acts which are both necessary and justifiable in an emergency. Such implementing acts may derogate from provisions of this Regulation to the extent and for such a period as is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).
2. On duly justified imperative grounds of urgency, and in order to resolve such specific problems as referred to in paragraph 1 while ensuring the continuity of the CAP Strategic Plan in the case of extraordinary circumstances, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 153(3).
3. Measures adopted under paragraph 1 or 2 shall remain in force for a period not exceeding twelve months. If after this period the specific problems referred to in those paragraphs persist, the Commission may, in order to establish a permanent solution, submit an appropriate legislative proposal.
4. The Commission shall inform the European Parliament and the Council of any measure adopted under paragraph 1 or 2 within two working days of its adoption.
Application to the outermost regions and the smaller Aegean islands
1. Title III, Chapter II, does not apply to the outermost regions.
2. For direct payments granted in the outermost regions of the Union in accordance with Chapter IV of Regulation (EU) No 228/2013 and in the smaller Aegean islands in accordance with Chapter IV of Regulation (EU) No 229/2013, Article 3, points (1) and (2), Article 4(2), (3) and (5), Article 4(4), second subparagraph, Title III, Chapter I, Sections 2 and 3, and Title IX of this Regulation apply. Article 4(2), (3) and (5) and Title III, Chapter I, Section 2, apply without any obligations related to the CAP Strategic Plan.
CHAPTER II — INFORMATION SYSTEM AND PROTECTION OF PERSONAL DATA
Exchange of information and documents
1. The Commission, in collaboration with Member States, shall establish an information system to enable the secure exchange of data of common interest between the Commission and each Member State.
2. The Commission shall ensure that there is an appropriate secure electronic system in which key information and report on monitoring and evaluation can be recorded, maintained and managed.
3. The Commission shall adopt implementing acts laying down rules for the operation of the system referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).
Processing and protection of personal data
1. Without prejudice to Articles 98, 99 and 100 of Regulation (EU) 2021/2116, Member States and the Commission shall collect personal data for the purpose of carrying out their respective management, control, monitoring and evaluation obligations under this Regulation, and in particular those laid down in Titles VI and VII, and shall not process those data in a way which is incompatible with this purpose.
2. Where personal data are processed for monitoring and evaluation purposes under Title VII using the secure electronic system referred to in Article 150, they shall be made anonymous.
3. Personal data, including when they are processed by providers of farm advisory services referred to in Article 15, shall be processed in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account the minimum retention periods laid down in the applicable national and Union law.
4. Member States shall inform the data subjects that their personal data may be processed by national and Union bodies in accordance with paragraph 1 and that in this respect they enjoy the data protection rights provided by Regulations (EU) 2016/679 and (EU) 2018/1725.
CHAPTER III — DELEGATED ACTS AND IMPLEMENTING ACTS
Exercise of delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 4(8), Article 7(2), Article 13(3), Article 17(6), Article 35, Article 37(5), Article 38(5), Article 39(3), Articles 45, 56 and 84, Article 87(2), Article 89(4), Article 100(3) and Articles 116, 122 and 158 shall be conferred on the Commission for a period of seven years from 7 December 2021. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of powers referred to in Article 4(8), Article 7(2), Article 13(3), Article 17(6), Article 35, Article 37(5), Article 38(5), Article 39(3), Articles 45, 56 and 84, Article 87(2), Article 89(4), Article 100(3) and Articles 116, 122 and 158 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 4(8), Article 7(2), Article 13(3), Article 17(6), Article 35, Article 37(5), Article 38(5), Article 39(3), Articles 45, 56 and 84, Article 87(2), Article 89(4), Article 100(3) and Articles 116, 122 and 158 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Committee procedure
1. The Commission shall be assisted by a committee called ‘Common Agricultural Policy Committee’. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
In the case of acts referred to in Article 133 and Article 143(4) of this Regulation, where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
CHAPTER IV — TRANSITIONAL AND FINAL PROVISIONS
Repeals
1. Regulation (EU) No 1305/2013 is repealed with effect from 1 January 2023.
However, it shall, subject to Regulation (EU) 2020/2220 of the European Parliament and of the Council ( 54 ) , continue to apply to the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 until 31 December 2025. It shall, under the same conditions, apply to expenditure incurred by the beneficiaries and paid by the paying agency in the framework of those rural development programmes until 31 December 2025.
Article 32 of, and Annex III to, Regulation (EU) No 1305/2013 shall continue to apply in respect of the designation of areas facing natural and other specific constraints. References to the rural development programmes shall be read as references to the CAP Strategic Plans.
Until the national and European CAP networks referred to in Article 126 of this Regulation are established, the European network for rural development, the European Innovation Partnership network and the national rural networks referred to in Articles 52, 53 and 54 of Regulation (EU) No 1305/2013 may carry out, in addition to the activities referred to in those Articles, the activities referred to in Article 126 and 127 of this Regulation.
When the national and European CAP networks referred to in Article 126 of this Regulation are established, they may carry out until 31 December 2025, in addition to the activities referred to in Articles 126 and 127 of this Regulation, the tasks referred to in Article 52(3), Article 53(3) and Article 54(3) of Regulation (EU) No 1305/2013 related to the implementation of the rural development programmes pursuant to that Regulation.
2. Regulation (EU) No 1307/2013 is repealed with effect from 1 January 2023.
However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January 2023.
3. The references made in this Regulation to Regulations (EC) No 73/2009 and (EU) No 1307/2013 shall be understood as being made to those Regulations such as they were in force before their repeal.
Eligibility of certain types of expenditure relating to the CAP Strategic Plan period
1. Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Article 31 of Regulation (EC) No 1257/1999 or in Article 39 or Article 43 of Regulation (EC) No 1698/2005 which are receiving support under Regulation (EU) No 1305/2013 may continue to be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:
(a)
such expenditure is provided for in the relevant CAP Strategic Plan in accordance with this Regulation and complies with Regulation (EU) 2021/2116;
(b)
the EAFRD contribution rate of the intervention set in the CAP Strategic Plan in accordance with this Regulation to cover those measures applies;
(c)
the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116 applies to the legal commitments undertaken under measures that correspond to the area- and animal-based types of intervention listed in Title III, Chapters II and IV, of this Regulation and the relevant operations are clearly identified; and
(d)
the payments for the legal commitments referred to in point (c) are made within the period laid down in Article 44(2) of Regulation (EU) 2021/2116.
2. Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Article 23 of Regulation (EC) No 1698/2005 may continue to be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:
(a)
such expenditure is notified to the Commission as an additional information in the part of the CAP Strategic Plan dedicated to the intervention strategy, referred to in Article 109, and by indicating the expenditure in the financial plan of the CAP Strategic Plan referred to in Article 112(2);
(b)
it complies with Regulation (EU) No 1306/2013, which continues to apply to such expenditure in accordance with Article 104(1), second subparagraph, point (d), of Regulation (EU) 2021/2116; and
(c)
the EAFRD contribution rate established in the CAP Strategic Plan pursuant to Article 91(2), point (d), of this Regulation applies.
3. Expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 22, 28, 29, 33 and 34 of Regulation (EU) No 1305/2013 may be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:
(a)
such expenditure is provided for in the relevant CAP Strategic Plan in accordance with this Regulation and complies with Regulation (EU) 2021/2116;
(b)
the EAFRD contribution rate of the intervention set in the CAP Strategic Plan in accordance with this Regulation to cover those measures applies;
(c)
the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116 applies to the legal commitments undertaken under measures that correspond to the area- and animal-based types of intervention listed in Title III, Chapters II and IV, of this Regulation and the relevant operations are clearly identified; and
(d)
the payments for the legal commitments referred to in point (c) of this paragraph are made within the period laid down in Article 44(2) of Regulation (EU) 2021/2116.
4. Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Articles 14 to 18, Article 19(1), points (a) and (b), and Articles 20, 23 to 27, 35, 38, 39 and 39a of Regulation (EU) No 1305/2013, Article 35 of Regulation (EU) No 1303/2013 and Article 4 of Regulation (EU) 2020/2220 after 31 December 2025 may be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:
(a)
such expenditure is provided for in the relevant CAP Strategic Plan in accordance with this Regulation, with the exception of Article 73(3), first subparagraph, point (f), thereof, and complies with Regulation (EU) ;
(b)
the EAFRD contribution rate of the intervention established in the CAP Strategic Plan in accordance with this Regulation to cover those measures applies.
5. Expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 28 and 29 of Regulation (EU) No 1305/2013 may be eligible for support from the EAGF in the CAP Strategic Plan period, subject to the following conditions:
(a)
such expenditure is provided for in the relevant CAP Strategic Plan in accordance with Article 31(7), first subparagraph, point (b), of this Regulation and complies with Regulation (EU) 2021/2116;
(b)
the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116 applies to the legal commitments undertaken under measures that correspond to eco-schemes referred to in Article 31 of this Regulation and the relevant operations are clearly identified;
(c)
the payments for the legal commitments referred to in point (b) of this paragraph are made within the period laid down in Article 44(2) of Regulation (EU) 2021/2116.
Transition for financial allocations for types of intervention in certain sectors
As from the date from which a CAP Strategic Plan has legal effects in accordance with Article 118(7) of this Regulation, the sum of the payments made in a financial year within each of the aid schemes referred to in Articles 29 to 31 and Articles 39 to 60 of Regulation (EU) No 1308/2013 and within each of the types of intervention for certain sectors referred to in Article 42, points (b) to (e), of this Regulation shall not exceed the financial allocations laid down in Article 88 of this Regulation for each financial year for each of those types of intervention.
Eligibility of expenditure for multi-funded community-led local development
By way of derogation from Articles 86(1) and 118(7) of this Regulation, expenditure incurred under Article 31(2), point (c), and Article 31(3) of Regulation (EU) 2021/1060 in combination with Article 77(1), point (b), and Article 2(2) of this Regulation shall be eligible for a contribution from the EAFRD from the date of submission of the CAP Strategic Plan provided that the support is paid by the paying agency as of 1 January 2023. Regulation (EU) No 1306/2013 shall apply in respect of such expenditure from the date of submission of the CAP Strategic Plan until 31 December 2022.
Transitional measures
The Commission is empowered to adopt delegated acts in accordance with Article 152 supplementing this Regulation with measures to protect any acquired rights and legitimate expectations of beneficiaries to the extent necessary for the transition from the arrangements provided for in Regulations (EU) No 1305/2013, (EU) No 1307/2013 and (EU) No 1308/2013 to those laid down in this Regulation. Those transitional rules shall in particular lay down the conditions under which support approved by the Commission under Regulations (EU) No 1305/2013 and (EU) No 1308/2013 may be integrated into support provided for under this Regulation, including for technical assistance and for the ex-post evaluations.
Review of Annex XIII
By 31 December 2025, the Commission shall review the list in Annex XIII on the basis of the Union acquis in the area of environment and climate existing at that time and, where appropriate, make legislative proposals to add additional legislative acts to that list.
Entry into force
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
