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Commission Implementing Regulation (EU) 2022/128 Section 3 — EAFRD accounts

Article 21–Article 24 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Forecast of funding requirements

Article 21

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For each CAP Strategic Plan as referred to in Article 118 of Regulation (EU) 2021/2115, and in accordance with Article 90(1), first subparagraph, point (c)(ii), of Regulation (EU) 2021/2116, Member States shall send to the Commission, twice per year, by 31 January and 31 August at the latest, their forecasts of the amounts to be funded by the EAFRD for the financial year. In addition, Member States shall send an updated estimate of their funding requests for the following financial year. Those forecasts and that updated estimate shall be sent on the basis of the model made available by the Commission to Member States through information systems.

Declarations of expenditure

Article 22

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1.   Paying agencies shall declare expenditure and recovered amount for each rural development type of intervention and technical assistance under the CAP Strategic Plan as referred to in Article 118 of Regulation (EU) 2021/2115 for each of the reference periods, referred to in paragraph 2 of this Article, on the basis of the model made available by the Commission to Member States through information systems. For each CAP Strategic Plan, paying agencies shall specify in a declaration of expenditure at least the following: (a) the amount of eligible public expenditure, excluding additional national financing as referred to in Article 115(5) of Regulation (EU) 2021/2115, for which the paying agency has actually paid the corresponding EAFRD contribution during each of the reference periods referred to in paragraph 2 of this Article; (b) the information on financial instruments as referred to in Article 32(4) and (5) of Regulation (EU) 2021/2116; (c) the additional information on advances paid to beneficiaries as referred to in Article 44(3) of Regulation (EU) 2021/2116; (d) the amount recovered during the current period as referred to in paragraph 2 of this Article, in respect of the CAP Strategic Plan; (e) the amount recovered during the current period as referred to in paragraph 2 of this Article in respect of the EAFRD rural development programmes from 2007 onwards, for which Member States is no more obliged to send interim declaration of expenditure; (f) the amounts related to technical assistance. The expenditure effected and to be declared to the EAFRD shall take account of penalties applied in the framework of Member States’ management and control system in case of non-compliance. 2.   Once the Commission has approved a CAP Strategic Plan, Member States shall send to the Commission, in accordance with Article 90(1), first subparagraph, point (c)(i), of Regulation (EU) 2021/2116, their declarations of expenditure by the following deadlines: (a) by 30 April at the latest in the case of expenditure in the period 1 January to 31 March; (b) by 31 July at the latest in the case of expenditure in the period 1 April to 30 June; (c) by 10 November at the latest in the case of expenditure in the period 1 July to 15 October; (d) by 31 January at the latest in the case of expenditure in the period 16 October to 31 December. If in a Member State the CAP Strategic Plan is implemented by more than one paying agency, the coordinating body shall ensure that the declarations of expenditure are transmitted on the same day. However, all expenditure paid by paying agencies to the beneficiaries in accordance with Article 86 of Regulation (EU) 2021/2115 until the end of the last period, as specified in the first subparagraph of this paragraph, prior to the approval of a CAP Strategic Plan as referred to in Article 118 of that Regulation, is made under the Member States’ responsibility and shall be declared to the Commission in the first declaration of expenditure following the approval of that plan. Recovered amounts for the corresponding period, as referred to in paragraph 1, second subparagraph, points (d) and (e), of this Article shall also be declared in that declaration. The same rule shall apply mutatis mutandis in case of amendment of a CAP Strategic Plan as referred to in Article 119 of Regulation (EU) 2021/2115, except for financing plan adjustments as referred to in Article 23 of this Regulation. As regards financial instruments set up in accordance with Article 58 of Regulation (EU) 2021/1060 and Article 80 of Regulation (EU) 2021/2115, the expenditure shall be declared in the financial year when the conditions as referred to in Article 32(3) and (4) of Regulation (EU) 2021/2116 are met and it had been effected by the paying agency before the end of the financial year. All the financial information required under this Article shall be communicated in euro.

Calculation of the amount to be paid

Article 23

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1.   The Union contribution to be paid in respect of the eligible public expenditure, excluding additional national financing as referred to in Article 115(5) of Regulation (EU) 2021/2115, shall be mentioned in the financing plan in force on the first day of the reference period and calculated as regards the CAP Strategic Plans referred to in Article 118 of that Regulation as follows: (a) for each reference period referred to in Article 22(2) of this Regulation on the basis of the EAFRD contribution rate as provided for in Article 91 of Regulation (EU) 2021/2115 and approved by the Commission in accordance with Article 118 of that Regulation; (b) for certain eligible types of expenditure, referred to in Article 155 of Regulation (EU) 2021/2115 in the period 2023–2027, on the basis of the contribution rate of the intervention set in the CAP Strategic Plan, subject to the conditions in that Article; (c) technical assistance on the basis of a flat rate, as referred to in Article 94(2) of Regulation (EU) 2021/2115. The calculation shall take account of the corrections to the Union contribution as declared in the declaration of expenditure for that period. 2.   Without prejudice to the ceiling provided for in Article 30(2) of Regulation (EU) 2021/2116, where the combined total of the Union contribution paid to the CAP Strategic Plan exceeds the contribution to a type of intervention, as regards the EAFRD, the amount to be paid shall be reduced to the amount programmed for that type of intervention. Any Union contribution excluded as a result may be paid later provided that an adjusted financing plan has been submitted by the Member State and approved by the Commission.

Automatic decommitment

Article 24

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In case a Member State does not submit a revised financing plan, as provided for in Article 34(6) of Regulation (EU) 2021/2116, and the related amendment of the CAP Strategic Plan by 30 June, the Commission shall reduce the amounts allocated to each type of intervention pro rata, by amending the decision approving the Member State’s CAP Strategic Plan no later than 30 September.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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