Amendments to Regulation (EU) 2021/2115
Article 2
Regulation (EU) 2021/2115 is amended as follows: (1) Article 52 is amended as follows: (a) paragraph 3 is amended as follows: (i) point (e) is replaced by the following: ‘(e) producer organisations market less than 20 % of fruit and vegetable production in a Member State; that marketing rate shall be calculated, for each year of the duration of an operational programme, as the value of the fruit and vegetable production that was obtained in the Member State concerned and marketed by producer organisations recognised under Regulation (EU) No 1308/2013 during a period corresponding to the reference period set out in delegated acts adopted on the basis of Article 45, point (c), (the value of marketed production), divided by the total value of the fruit and vegetable production obtained in that Member State during the same period;’ ; (ii) the following point is added: ‘(i) the producer organisation or the association of producer organisations implements an operational programme in a Member State in which the degree of organisation of producers in the fruit and vegetables sector has been less than 10 % for three consecutive years preceding the implementation of the operational programme; the degree of organisation shall be calculated as the value of the fruit and vegetable production obtained in the Member State concerned and marketed by producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013 during the three consecutive years preceding the implementation of the operational programme, divided by the total value of the fruit and vegetable production that was obtained in that Member State during the same period;’ ; (b) the following paragraph is inserted: ‘5a. The 50 % limit provided for in paragraph 1 of this Article shall be increased to 70 % for expenditure linked to the objectives referred to in Article 46, point (a), (b) or (c), if the following conditions are fulfilled: (a) the expenditure is related to investments in tangible and intangible assets as referred to in Article 47(1), point (a), made by young farmers or new farmers who join for the first time a producer organisation recognised under Regulation (EU) No 1308/2013; (b) the investments referred to in point (a) are made at the premises of such young farmers or new farmers, as part of their first operational programme or during the three years following the date on which those young farmers or new farmers joined the producer organisation.’ ; (c) the following paragraph is added: ‘7. The 50 % limit provided for in paragraph 1 shall be increased to 70 % of the actual expenditure incurred in a given year for operational programmes implemented by producer organisations or associations of producer organisations and affected in that year by adverse climatic events, natural disasters, plant diseases or pest infestations to be identified by the Member States, on condition that the increase is granted only when losses exceed a threshold of at least 30 % of the average annual production of the producer organisation or the association of producer organisations in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and the lowest entry.’ ; (2) in Article 62, the following paragraph is added: ‘4. The 50 % limit provided for in paragraph 2 shall be increased to 70 % of the actual expenditure incurred in a given year for operational programmes implemented by producer organisations or associations of producer organisations and affected in that year by adverse climatic events, natural disasters, plant diseases or pest infestations, to be identified by the Member States, on condition that the increase is granted only when losses exceed a threshold of at least 30 % of the average annual production of the producer organisation or the association of producer organisations in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and the lowest entry.’ ; (3) in Article 65(1), the following point is added: ‘(e) 70 % of the actual expenditure incurred in a given year for operational programmes implemented by producer organisations or associations of producer organisations and affected in that year by adverse climatic events, natural disasters, plant diseases or pest infestations to be identified by the Member States, on condition that the increase is granted only when losses exceed a threshold of at least 30 % of the average annual production of the producer organisation or the association of producer organisations in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and the lowest entry.’ ; (4) in Article 68, the following paragraph is inserted: ‘2a. Article 52(3), points (a) to (d), (f), (g) and (h) and Article 52(5a) and (7) shall apply mutatis mutandis .’ ; (5) in Article 88, paragraph 7 is replaced by the following: ‘7. From 1 January 2025, Member States may review their decisions referred to in paragraph 6 of this Article as part of a request to amend their CAP Strategic Plans made in accordance with Article 119 and may decide to use up to 6 % of their allocations for direct payments set out in Annex V, where relevant, after deduction of the allocations for cotton set in Annex VIII, for types of intervention in other sectors referred to in Title III, Chapter III, Section 7. The amount corresponding to the percentage of Member States’ allocations for direct payments referred to in the first subparagraph of this paragraph and used for types of intervention in other sectors for a certain financial year shall be considered to be Member States’ allocations per financial year for types of intervention in other sectors.’.