Commission Delegated Regulation (EU) 2023/370 of 13 December 2022 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with regard to procedures, time limits for submission by Member States of requests for amendments of CAP Strategic Plans, and further cases for which the maximum number of amendments of CAP Strategic Plans does not apply

• CELEX: Delegated Regulation (EU) 2023/370
• Articles: 6

Article 1 Scope

This Regulation supplements Regulation (EU) 2021/2115 with regard to:

(a)

procedures for submission of requests for amendment of CAP Strategic Plans;

(b)

time limits for submission of requests for amendment of CAP Strategic Plans;

(c)

further cases for which the maximum number of requests for amendment of CAP Strategic Plans referred to in Article 119(7) of Regulation (EU) 2021/2115 does not apply.

Article 2 Rules on procedure for submission of requests for amendment of the CAP Strategic Plan and on notifications of amendments referred to in Article 119(9) of Regulation (EU) 2021/2115

1.   In addition to the elements referred to in Article 119(2) of Regulation (EU) 2021/2115, the request for amendment of the CAP Strategic Plan shall indicate one or several types of amendment, from among the types of amendment set out in the Annex to this Regulation and, for each proposed change of the CAP Strategic Plan, it shall contain the following information:

(a)

the reasons that justify the change;

(b)

the expected effects of the change;

(c)

the impact of the change on targets and indicators;

(d)

the impact of the change on the financing plan.

2.   The request for amendment of the CAP Plan may contain one or several proposed changes to the CAP Strategic Plan.

3.   The request for amendment of the CAP Strategic Plan shall be submitted through the electronic data exchange system ‘SFC2021’ referred to in Article 3 of Implementing Regulation (EU) 2021/2289. The information referred to in paragraph 1 of this Article and in Article 119(2) of Regulation (EU) 2021/2115 shall be encoded by the Member State in the respective section of the electronic data exchange system ‘SFC2021’ for each proposed change separately.

4.   Member States may submit only one request for amendment of the CAP Strategic Plan at a time. Member State may submit a new request for amendment of the CAP Strategic Plan only after the previous request was withdrawn by the Member State or after the Commission notified the Member State of its decision concerning the previous request for amendment referred to in Article 119(4) of Regulation (EU) 2021/2115.

5.   Where a Member State withdraws a request for amendment of the CAP Strategic Plan, a new request for amendment may only be submitted once the Commission acknowledged the withdrawal of the previous request through the electronic data exchange system ‘SFC2021’.

6.   Member States shall notify the Commission of the changes pertaining to interventions under Title III, Chapter IV, of Regulation (EU) 2021/2115, referred to in Article 119(9) of that Regulation, through the electronic data exchange system ‘SFC2021’. The notification shall contain:

(a)

the subject of the changes;

(b)

justification confirming that the change does not affect the targets referred to in Article 109(1), point (a), of Regulation (EU) 2021/2115;

(c)

the date of the entry into effect of the change in the Member State.

7.   Member States shall notify the Commission of the outcome of the assessment referred to in Article 120 of Regulation (EU) 2021/2115 through the electronic data exchange system ‘SFC2021’. If the Member State, as a result of the assessment laid down in that Article, submits a request for amendment of its CAP Strategic Plan, it shall provide as a part of the justification of that request for amendment a reference to the notification and an explanation regarding links between the outcome of the assessment and the proposed changes of the CAP Strategic Plan.

Article 3 Time limits for submission of requests for amendment of CAP Strategic Plan

1.   The three-month period referred to in Article 119(6) of Regulation (EU) 2021/2115 shall be suspended from the date on which the Commission observations to the request for amendment have been notified to the Member State until the date on which a new version of the CAP Strategic Plan has been submitted through the electronic data exchange system ‘SFC2021’ in which all Commission observations have been fully addressed by the Member State.

2.   Requests for amendment relating to the types of interventions referred to in Article 42 of Regulation (EU) 2021/2115 shall be submitted to the Commission by 30 September 2028 at the latest.

3.   Requests for amendment relating to the types of interventions referred to in Chapter IV of Regulation (EU) 2021/2115 shall be submitted to the Commission by 30 September 2029 at the latest.

4.   Requests for amendment relating to transfers referred to in Article 17(5), Article 88(7) and Article 103 of Regulation (EU) 2021/2115 shall be submitted to the Commission during the period between 1 January 2025 and 31 May 2025.

Article 4 Further cases of requests for amendment of CAP Strategic Plan

1.   Requests for amendment of the CAP Strategic Plan shall not be counted in the maximum number of requests referred to in Article 119(7) of Regulation (EU) 2021/2115 if they relate to the following cases:

(a)

changes due to emergency measures necessary to address natural disasters, catastrophic events or adverse climatic events formally recognized as such by the competent national public authority, or modifications due to a significant and sudden change in the socioeconomic conditions of the Member State;

(b)

changes necessary following changes to Union legislation, other than those referred to in Article 120 of Regulation (EU) 2021/2115 or changes necessary following decisions of the Courts of the European Union;

(c)

changes following exceptional measures adopted pursuant to Articles 219, 220 or 221 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council  ( 5 ) ;

(d)

changes necessary due to introduction of financial instruments referred to in Article 58 of Regulation (EU) 2021/1060 of the European Parliament and of the Council  ( 6 ) or their modifications;

(e)

changes due to an automatic decommitment for the CAP Strategic Plans referred to in Article 34 of Regulation (EU) 2021/2116; or

(f)

changes pertaining to interventions under Title III, Chapter IV, of Regulation (EU) 2021/2115 referred to in Article 119(9) of that Regulation.

2.   The request for amendment of CAP Strategic Plan in the case referred to in paragraph 1, point (e), shall be submitted by 30 June of each calendar year.

3.   A request for amendment which combines changes in cases referred to in paragraph 1 with other changes to the CAP Strategic Plan shall count in the maximum number of requests for amendment laid down in Article 119(7) of Regulation (EU) 2021/2115.

Article 5 Entry into force and application

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

It shall apply from 1 January 2023.

Schedules & Appendices

ANNEX

ANNEX

Types of amendment of CAP Strategic Plan referred to in Article 2(1):

1.

Revision of planned outputs or setting/revision of reduction coefficients referred to in Articles 11(5) of Regulation (EU) 2021/2115;

2.

Changes related to conditionality referred to in Articles 12 and 13 of Regulation (EU) 2021/2115;

3.

Transfer related to degressivity and capping referred to Article 17(5) of Regulation (EU) 2021/2115;

4.

Changes related to interventions in certain sectors referred to in Article 42 of Regulation (EU) 2021/2115;

5.

Allocation of an amount to be contributed to InvestEU referred to in Article 81 of Regulation (EU) 2021/2115;

6.

Changes following a review of decisions to use allocations for direct payments for interventions in certain sectors, referred to in Article 88(7) of Regulation (EU) 2021/2115;

7.

Transfers due to flexibility between direct payment allocations and EAFRD allocations, referred to in Article 103 of Regulation (EU) 2021/2115;

8.

Changes related to types of intervention for direct payments laid down in Title III, Chapter II, of Regulation (EU) 2021/2115;

9.

Addition of missing elements in an approved CAP Strategic Plan referred to in Article 118(5) of Regulation (EU) 2021/2115;

10.

Changes related to interventions for rural development laid down in Title III, Chapter IV, of Regulation (EU) 2021/2115 other than those referred to in Article 119(9) of that Regulation;

11.

Changes due to review of CAP Strategic Plans referred to in Article 120 of Regulation (EU) 2021/2115;

12.

Changes related to elements referred to in Article 4(1) of this Regulation;

13.

Changes related to other elements of CAP Strategic Plans than those laid down in points 1 to 12.