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Document 02022R1173-20240908
Commission Implementing Regulation (EU) 2022/1173 of 31 May 2022 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy
Consolidated text: Commission Implementing Regulation (EU) 2022/1173 of 31 May 2022 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy
Commission Implementing Regulation (EU) 2022/1173 of 31 May 2022 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy
ELI: http://data.europa.eu/eli/reg_impl/2022/1173/2024-09-08
02022R1173 — EN — 08.09.2024 — 001.001
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COMMISSION IMPLEMENTING REGULATION (EU) 2022/1173 of 31 May 2022 (OJ L 183 8.7.2022, p. 23) |
Amended by:
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COMMISSION IMPLEMENTING REGULATION (EU) 2024/2202 of 4 September 2024 |
L 2202 |
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5.9.2024 |
COMMISSION IMPLEMENTING REGULATION (EU) 2022/1173
of 31 May 2022
laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy
Article 1
Scope
This Regulation lays down rules for the application of Regulation (EU) 2021/2116 with regard to integrated administration and control system (‘integrated system’) referred to in Article 65 of Regulation (EU) 2021/2116 in relation to:
the form and, content of and arrangements for transmitting or making available to the Commission of:
the assessment reports on the quality of the identification system for agricultural parcels, of the geo-spatial application system and of the area monitoring system;
the remedial actions referred to in Articles 68, 69 and 70 of Regulation (EU) 2021/2116;
basic features of, and rules on the aid application system under Article 69 of Regulation (EU) 2021/2116, and the area monitoring system referred to in Article 70 of that Regulation, including parameters of the gradual increase of the number of interventions under the area monitoring system;
the procedure under which the acquisition of satellite data referred to in Article 24 of Regulation (EU) 2021/2116 shall be carried out in order to meet the objectives assigned;
the framework governing the acquisition, enhancing and use of satellite data, and the applicable deadlines; and
a system for checks of the approved interbranch organisations with regard to crop-specific payment for cotton as referred to in Title III, Chapter II, Section 3, subsection 2, of Regulation (EU) 2021/2115.
Article 2
Quality assessment reports
Article 3
General rules for aid application system
Article 4
Simplification of procedures related to the aid application system
Article 5
Requirements pertaining to the aid application system
The pre-filled forms referred to in paragraph 1 shall indicate:
the unique identification of all agricultural parcels and units of land containing non-agricultural areas considered eligible by the Member State of the holding;
the surface and location of the declared areas of these parcels and corresponding eligible area determined for payment for the previous year for the purpose of area-based interventions;
information relevant for conditionality.
Article 6
Content of aid applications
The aid application shall at least contain:
the identity of the beneficiary;
details of the intervention(s) applied for;
where appropriate, any supporting documents needed to establish the eligibility conditions and other relevant requirements for the intervention concerned;
information relevant to conditionality.
The beneficiary shall remain responsible for the aid application and the correctness of the information transmitted. This shall also be the case when a Member State applies an automatic claim system.
Article 7
Amendments or withdrawals of aid applications
Aid applications may be amended or totally or partially withdrawn by the beneficiary under the following conditions:
for interventions subject to the area monitoring system, at any time prior to a deadline to be set by the Member State, which shall be no later than 15 calendar days before the date when the payment of first instalment or the advances to be made in accordance with Article 44 of Regulation (EU) 2021/2116. However, amendments or withdrawals shall not be allowed in respect to non-compliances related to non-monitorable eligibility conditions revealed by means other than the area monitoring system or administrative checks or once the beneficiary has been informed of the Member State’s intention to carry out an on-the-spot-check;
for animal-based interventions under Article 34 of Regulation (EU) 2021/2115 concerning bovine animals or sheep and goats, at any time prior to a deadline to be set by the Member State, which shall be no later than 15 calendar days before the date when the payment of first instalment or the advances to be made in accordance with Article 44 of Regulation (EU) 2021/2116. However, in respect to the eligibility condition to identify and register the animals, amendments or withdrawals shall be allowed only prior to the date fixed by the Member State in accordance with Article 34(2), second sentence, of Regulation (EU) 2021/2115 and in case the deadline referred to in the first sentence of this point has not passed. In addition, amendments or withdrawals shall not be allowed once the beneficiary has been informed of the Member State’s intention to carry out an on-the-spot check or the beneficiary becomes aware of a non-compliance as a result of an unannounced on-the-spot check. Nevertheless, amendments or withdrawals shall be authorised in respect to the part not affected by the non-compliance detected by the on-the-spot check;
for other interventions, at any time prior to a deadline to be set by the Member State, which shall be no later than 15 calendar days before the date when the payment of first instalment or the advances to be made in accordance with Article 44 of Regulation (EU) 2021/2116. However, amendments or withdrawals shall not be allowed once the beneficiary has been informed of the Member State’s intention to carry out an on-the-spot check or the beneficiary becomes aware of a non-compliance as a result of an unannounced on-the-spot check. Nevertheless, amendments or withdrawals shall be authorised in respect to the part not affected by the non-compliance detected by the on-the-spot check.
Article 8
Geo-spatial application
Without prejudice to Article 6, the geo-spatial application shall contain at least the following information:
unambiguous identification of agricultural parcels and units of land containing non-agricultural areas considered eligible by the Member State of the holding;
clear delineation of the area declared for aid under each intervention on the agricultural parcels and units of land containing non-agricultural areas considered eligible by the Member State, in particular if the area claimed is smaller than the total area of the agricultural parcel;
the type, location and, where relevant, size of landscape features relevant for conditionality or interventions;
crop on agricultural parcels, where relevant;
where relevant, whether the parcel is subject to organic farming, and in particular for the conversion or maintenance of organic farming practices and methods as laid down in Regulation (EU) 2018/848 of the European Parliament and of the Council ( 3 ), relevant for support granted for interventions referred to in Articles 31 and 70 of Regulation (EU) 2021/2115 or conditionality;
where relevant, information on the use of plant protection products for parcels under interventions for sustainable and reduced use of pesticides under Articles 31 and 70 of Regulation (EU) 2021/2115. Member States may decide to use this information in respect to the requirement of record-keeping of plant protection products laid down in Article 67(1) of Regulation (EC) No 1107/2009;
the identification of the payment entitlements in accordance with the identification and registration system provided for in Article 73 of Regulation (EU) 2021/2116 for the purpose of the basic income support for sustainability;
for areas claimed for the crop-specific payment for cotton, the variety of cotton seed used and, where applicable, the identification of the approved interbranch organisation of which the beneficiary is a member;
for areas used for the production of hemp, the variety of seed used, an indication of the quantities of the seeds used, expressed in kilograms per hectare, and the official labels used on the packaging of the seeds in accordance with Council Directive 2002/57/EC ( 4 ), and in particular Article 12 thereof, or any other document recognised as equivalent by the Member State. Where the labels also have to be submitted to other national authorities, Member States may provide for those labels to be returned to the beneficiaries. The labels returned shall be marked as used for an application.
Article 9
Applications for animal-based interventions
Without prejudice to Article 6, applications for animal-based interventions shall contain at least the following:
the number of animals or, as relevant, the number of livestock units, of each type, in respect of which an animal-based intervention is applied for;
where relevant, information on the location where the animals will be held in the calendar year covered by the aid application;
where the support concerns the bovine animals or sheep and goats, updated information relevant for the intervention on the animals in relation to the system for the identification and registration of animals, in accordance with Article 34(2) of Regulation (EU) 2021/2115.
Article 10
Area monitoring system
▼M1 —————
In order to allow the reliable observation, tracking and assessment of agricultural activities and practices, the area monitoring system shall, at the level of agricultural parcel or units of land containing non-agricultural areas considered eligible by the Member State, ensure the detection of:
presence of ineligible area, in particular due to permanent structures;
presence of ineligible land use;
change in the category of agricultural area whether it is arable land, permanent crop or permanent grassland.
Where relevant, Member States shall use the information referred to in this paragraph for the purpose of updating the identification system for agricultural parcels.
By way of derogation from paragraph 1 and in order to allow for a gradual increase of the number of interventions subject to area monitoring system, in 2023 the system shall provide information at least on the following:
all relevant eligibility conditions for basic income support for sustainability, referred to in Article 21 of Regulation (EU) 2021/2115;
all relevant eligibility conditions for interventions for natural or other area specific constraints, referred to in Article 71 of Regulation (EU) 2021/2115.
Article 11
Data with at least equivalent value for the area monitoring system
For the purpose of the area monitoring system, Member States may decide to use other data with at least equivalent value if they are in digital form, allow automatic processing of data, are systematically available for the beneficiaries concerned or categories of areas in the Member State, not discriminatory and suitable for determining compliance with a particular eligibility condition or obligation on the area subject to the relevant condition. In that context, geo-tagged photos shall be considered as other data with at least equivalent value, as referred to in Article 65(4), point (b), of Regulation (EU) 2021/2116.
Article 12
Acquisition of satellite data
For the purposes of Article 24 of Regulation (EU) 2021/2116, each Member State shall inform the Commission before 1 November of the calendar year preceding the year of the performance of the quality assessment of the area monitoring system, about its specification on the acquisition of the satellite data in respect to:
the population of parcels per intervention from which the quality assessment sample will be selected;
the timetable for obtaining the satellite data for the eligibility conditions of the intervention on the selected parcels.
Article 13
Checks of the approved interbranch organisations for crop-specific payment for cotton
Member States shall carry out administrative checks on the approved interbranch organisations for crop specific payment for cotton in accordance with this article.
Where appropriate to verify the eligibility for an increase of aid provided for in Article 40(2) of Regulation (EU) 2021/2115, Member States shall cross-check the declaration of the beneficiary in the geo-spatial application to be a member of an approved interbranch organisation with the information transmitted by the organisation concerned.
At least once every 5 years, Member States shall verify the compliance with the criteria for the approval of interbranch organisations and the list of their members.
Article 14
Repeal
Implementing Regulation (EU) No 809/2014 is repealed with effect from 1 January 2023.
However, it shall continue to apply to:
aid applications for direct payments lodged before 1 January 2023;
payment claims made in relation to support measures implemented under Regulation (EU) No 1305/ 2013;
the control system and administrative penalties as regards rules on cross-compliance, with the exception of the control data and control statistics referred to in Article 9(1), point (b), of that Implementing Regulation from 1 January 2024.
Article 15
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply to aid applications relating to interventions implemented in accordance with Regulation (EU) 2021/2115 as from 1 January 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Commission Delegated Regulation (EU) 2019/2035 of 28 June 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for establishments keeping terrestrial animals and hatcheries, and the traceability of certain kept terrestrial animals and hatching eggs (OJ L 314, 5.12.2019, p. 115).
( 2 ) Commission Implementing Regulation (EU) 2021/520 of 24 March 2021 laying down rules for the application of Regulation (EU) 2016/429 of the European Parliament and of the Council with regard to the traceability of certain kept terrestrial animals (OJ L 104, 25.3.2021, p. 39).
( 3 ) Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).
( 4 ) Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).