Delegated Regulation (EU) 2022/126 is amended as follows:
(1)
in Article 12, paragraph 3 is replaced by the following:
‘3. When determining the expenditure to be covered, except for investments in tangible and intangible assets, Member States shall take into account the additional costs incurred and income foregone resulting from interventions linked to agri-environment-climate objectives, and the targets set.’
;
(2)
Article 14 is replaced by the following:
‘Article 14
Promotion, communication and marketing
1. When Member States include, in their CAP Strategic Plans, promotion, communication and marketing interventions in the fruit and vegetables sector, in the wine sector, in the hops sector, in the olive oil and table olives sector or in other sectors referred to in Article 42, point (f), of Regulation (EU) 2021/2115, they shall provide in their CAP Strategic Plans that the interventions covered pursue one of the following objectives:
(a)
increasing awareness of the merits of Union agricultural products and of the high standards applicable to their production methods in the Union;
(b)
increasing the competitiveness and consumption of Union agricultural products and certain processed products produced in the Union and raising their profile both inside and outside the Union for sectors other than wine;
(c)
increasing awareness about Union quality schemes both inside and outside the Union;
(d)
increasing the market share of Union agricultural products and certain processed products produced in the Union, specifically focusing on the markets in third countries that have the highest growth potential;
(e)
contributing, where relevant, to restore the normal market conditions in the Union market in the event of serious market disturbance, loss of consumer confidence or other specific problems;
(f)
increasing awareness of sustainable production;
(g)
increasing consumer awareness of brands or trademarks of producer organisations, associations of producer organisations, transnational producer organisations, transnational associations of producer organisation and their subsidiaries within the meaning of Article 31(7) of this Regulation in the fruit and vegetables sector;
(h)
diversifying, opening and consolidating the markets for Union wines in third countries and increasing awareness of the intrinsic qualities of Union wines on those markets. A reference to wine origin and brands may only be used when it complements the promotion, communication and marketing of Union wines in third countries;
(i)
informing consumers about the responsible consumption of wine;
(j)
increasing consumption of fresh or processed fruit and vegetables by improving consumer awareness on healthy diets, nutritious characteristics of the product, its high quality and its safety.
2. Member States shall ensure that promotional material for generic promotion and promotion of quality labels, bears the Union emblem and include the following funding statement: ‘Funded by the European Union’. The Union emblem and the funding statement shall be displayed in accordance with the technical characteristics laid down in Commission Implementing Regulation (EU) No 821/2014 ( *1 ) .
( *1 ) Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information, communication and visibility measures for operations and the system to record and store data ( OJ L 223, 29.7.2014, p. 7 ).’;"
(3)
in Article 21(1), the first subparagraph is replaced by the following:
‘In the sectors referred to in Article 42 of Regulation (EU) 2021/2115, Member States shall provide for payments of support on the basis of the reasonable actual costs incurred by the beneficiary, supported by documents, such as invoices, submitted by the beneficiaries for the implementation of an intervention specified in their CAP Strategic Plan.’;
(4)
Article 22 is amended as follows:
(a)
in paragraph 4, the following subparagraph is added:
‘Expenditure linked to interventions referred to in Articles 11 and 12 of this Regulation pursuing agri-environment-climate objectives, but not exclusively, shall be considered as being exclusively linked to those objectives provided that those interventions contribute directly and significantly to those objectives. The full expenditure shall be counted against the 15 % and the 2 % of expenditure under operational programmes as referred to in Article 50(7), points (a) and (c), of Regulation (EU) 2021/2115, respectively, and against the 5 % of expenditure under interventions as referred to in Article 60(4) of that Regulation.’;
(b)
the following paragraph is added:
‘5. Expenditure linked to interventions referred to in Title III, Chapter III, of Regulation (EU) 2021/2115 contributing to objectives laid down either in Article 46, points (a) to (k), or in Article 57, points (a) to (k), of that Regulation, shall be counted taking into account the entire duration period of operational programmes in the case of the types of interventions referred to in Article 42, points (a), (d), (e) and (f), of that Regulation or each financial year in the case of the types of interventions referred to in Article 42, point (c), of that Regulation.’
;
(5)
in Article 26, paragraph 1 is replaced by the following:
‘1. For the type of intervention ‘market withdrawal for free distribution or other destinations’ referred to in Article 47(2), point (f), of Regulation (EU) 2021/2115, in relation to fruit and vegetables listed in Annex V to this Regulation, the conditioning costs of products withdrawn for free distribution referred to in Article 33 of this Regulation, added to the amount of support for market withdrawals, shall not exceed 80 % of the average ‘ex-producer organisation’ market price of the product concerned at fresh stage in the previous last 3 years.’
;
(6)
in Article 27(2), the third subparagraph is replaced by the following:
‘Member States may authorise payment in kind by the beneficiaries of free distribution to processors of products withdrawn from the market and undergoing processing, where such payment only compensates for processing costs and where the Member State in which the payment takes place has adopted rules ensuring that the processed products are intended for consumption by the final recipients referred to in the first subparagraph of this paragraph. The limit laid down in Article 26(1) shall apply.’;
(7)
Article 31 is amended as follows:
(a)
in paragraph 2, the first subparagraph is replaced by the following:
‘The value of marketed production shall be calculated at fresh stage or the first processing stage on which the product is normally marketed, in bulk where products are allowed to be marketed in bulk, and shall not include the cost of further processing or further conditioning or the value of final processed products. For the sectors referred to in Article 42, points (e) and (f), of Regulation (EU) 2021/2115, Member States shall indicate in their CAP Strategic Plans how the value of marketed production is calculated for each sector.’;
(b)
in paragraph 7, point (a) is replaced by the following:
‘(a)
by one or more producer organisations, associations of producer organisations, transnational producer organisations, transnational associations of producer organisations or producer groups; or’;
(8)
in Title III, Chapter II, the following Section is added:
‘Section 4
Types of interventions implemented by transnational producer organisations and transnational associations of producer organisations
Article 32a
Rules applying to types of interventions implemented by transnational producer organisation and transnational associations of producer organisations
Types of interventions under operational programmes implemented by transnational producer organisation and transnational associations of producer organisations shall comply with the national strategic plan and the national rules of the Member State, where the head office of the transnational producer organisation or the transnational association of producer organisation is located in accordance with Article 14 or 21 of Commission Delegated Regulation (EU) 2017/891 ( *2 ) .
( *2 ) Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011 ( OJ L 138, 25.5.2017, p. 4 ).’;"
(9)
Article 33 is replaced by the following:
‘Article 33
Conditioning costs for free distribution
The payments of expenditure to the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations related to the costs of conditioning of fruit and vegetables withdrawn from the market for free distribution under operational programmes shall not exceed the amount of the costs set out in Annex VII.
The first paragraph shall not apply to fruits and vegetables withdrawn from the market where the free distribution takes place after their processing.’
;
(10)
in Article 40(3), a new point (c) is added as follows:
‘(c)
for interventions as referred to in Article 58(1) of Regulation (EU) 2021/2115, implemented by public schools in vitiviniculture that are also wine growers.’;
(11)
in Annex II, Part I is amended as follows:
(a)
point (2) is replaced by the following:
‘2.
Reimbursement of loans taken out for an intervention which started to be implemented before the beginning of the operational programme.’;
(b)
point (12) is replaced by the following:
‘12.
Interventions referred to in Article 11 not taking place on the holdings and/or premises of the producer organisation, association of producer organisations, or their producer members, or a subsidiary, or an entity within a chain of subsidiaries within the meaning of Article 31(7), or subject to Member State’s approval, by a cooperative which is member of a producer organisation.’.