02020R0884 — EN — 16.10.2020 — 001.001
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Amended by:
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COMMISSION DELEGATED REGULATION (EU) 2020/884
of 4 May 2020
derogating in respect of the year 2020 from Delegated Regulation (EU) 2017/891 as regards the fruit and vegetables sector and from Delegated Regulation (EU) 2016/1149 as regards the wine sector in connection with the COVID-19 pandemic
TITLE I
FRUIT AND VEGETABLES
Article 1
Temporary derogations from Delegated Regulation (EU) 2017/891
1.
By way of derogation from the first subparagraph of Article 17(2), for the year 2020, the maximum percentage of voting rights and shares or capital that any natural or legal person may hold in a producer organisation may exceed 50 % of the total voting rights and 50 % of the shares or capital, for reasons linked to the COVID-19 pandemic. However, Member States shall ensure that measures are adopted to avoid an abuse of power by any legal or natural person holding voting rights and shares or capital exceeding 50 % of the total voting rights and exceeding 50 % of the shares or capital.
2.
By way of derogation from Article 23(4), if in the year 2020, a reduction of at least 35 % in the value of a product was linked to the COVID-19 pandemic and occurred for reasons outside the responsibility and control of the producer organisation, the value of marketed production of that product shall be deemed to represent 100 % of its value in the previous reference period. The producer organisation shall prove to the competent authority of the Member State concerned that these conditions are met.
3.
By way of derogation from Article 27(4), for the year 2020, the Member States may amend the national strategy, after the annual submission of the draft operational programmes. However, Member States shall ensure that the continuity and the implementation of multiannual and ongoing operations that are part of approved operational programmes of producer organisations are not disrupted.
4.
By way of derogation from Article 27(5), for the year 2020, the obligation on Member States to set out in the national strategy the maximum percentages of the operational fund which may be spent on any individual measure or type of action in order to ensure a balance between different measures, shall not apply.
5.
By way of derogation from Article 34(2), for the year 2020, Member States may also authorise producer organisations to suspend for the year 2020 their operational programmes in full or in part.
6.
For the year 2020, aid received for eligible actions carried out before the cessation of the operational programme shall not be recovered, provided that the conditions laid down in Article 36(2) of Delegated Regulation (EU) 2017/891 are met and provided that the cessation of the operational programme was linked to the COVID-19 pandemic and occurred for reasons outside the control and responsibility of the producer organisation concerned.
7.
By way of derogation from Article 36(3), Union financial assistance for multiannual commitments, such as environmental actions where their long term objectives and expected benefits cannot be realised in the year 2020 because of the interruption of those commitments in the year 2020 for reasons linked to the COVID-19 pandemic, shall not be recovered and reimbursed to the EAGF.
8.
By way of derogation from the first subparagraph of Article 48(3), for the year 2020, non-harvesting measures may be undertaken where commercial production has been taken from the area concerned during the normal production cycle. By way of derogation from the fourth subparagraph of Article 48(3), for the year 2020, green harvesting and non-harvesting may be applied for the same product and the same given area.
9.
By way of derogation from Articles 54(b) and 58(3), the report of the evaluation exercise carried out in 2020 shall be communicated to the Commission by 30 June 2021.
10.
By way of derogation from Article 59(1) and (4), where a producer organisation, in the year 2020, for reasons linked to the COVID-19 pandemic, is unable to take corrective measures within the time periods set for that purpose, Member States may extend those time periods beyond the four months referred to in Article 59(1) and (4).
11.
By way of derogation from Article 59(1), where in the year 2020 a producer organisation fails to respect the recognition criteria linked to the requirements of Article 5 for reasons linked to the COVID-19 pandemic, Member States shall not suspend the payment of aid to the production organisation concerned.
12.
By way of derogation from Article 59(2), where a producer organisation is in the year 2020 unable to take corrective measures during the suspension of recognition for reasons linked to the COVID-19 pandemic, Member States may extend the time period fixed for taking those corrective measures beyond 12 months from the date of receipt of the warning letter by the producer organisation, but not beyond 31 December 2020.
13.
By way of derogation from the second subparagraph of Article 59(2), the reduction of the yearly aid amount by 2 % for each calendar month or part thereof during which the recognition of a producer organisation is suspended shall not apply where in the year 2020 that producer organisation was unable to take corrective measures for reasons linked to the COVID-19 pandemic.
14.
By way of derogation from Article 59(5), the reduction of the yearly aid amount by 1 % for each calendar month or part thereof, shall not apply where in the year 2020 the producer organisation was unable to take corrective measures for reasons linked to the COVID-19 pandemic.
15.
By way of derogation from the first subparagraph of Article 59(6), the year 2020 shall not be taken into account when establishing compliance with the minimum volume or value of marketed production as required by Article 154(1)(b) of Regulation (EU) No 1308/2013.
16.
By way of derogation from Article 61(6), where the operational programme ends in the year 2020 and where the conditions referred to in Article 33(5)(b) of Regulation (EU) No 1308/2013 have not been complied with in the year 2020 for reasons linked to the COVID-19 pandemic, the total amount of support for the last year of the operational programme shall not be reduced.
TITLE II
WINE
Article 2
Temporary derogations from Delegated Regulation (EU) 2016/1149
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1.
By way of derogation from Article 22 of Delegated Regulation (EU) 2016/1149, during the years 2020 and 2021, green harvesting may be applied on the same parcel for two or more consecutive years.
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2.
By way of derogation from Article 26 of Delegated Regulation (EU) 2016/1149, in cases linked to the COVID-19 pandemic, and where beneficiaries so request not later than 15 October 2020, Member States may extend the support period for setting up mutual funds by 12 months for operations for which the support period ended in 2019.
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3.
By way of derogation from Article 53(1) of Delegated Regulation (EU) 2016/1149, Member States may, in duly justified cases related to the COVID-19 pandemic, allow changes that occur not later than 15 October 2021, to be implemented without prior approval provided that they do not affect the eligibility of any part of the operation and its overall objectives and provided that the total amount of approved support for the operation is not exceeded. Such changes shall be notified to the competent authority by the beneficiaries within the deadlines set by the Member States.
4.
By way of derogation from Article 53(1) of Delegated Regulation (EU) 2016/1149, Member States may, in duly justified cases related to the COVID-19 pandemic, allow beneficiaries to submit changes that occur not later than 15 October 2021 and that modify the objective of the overall operation already approved under the measures referred to in Articles 45, 46, 50 and 51 of Regulation (EU) No 1308/2013, provided that any ongoing individual actions which are part of an overall operation are completed. Such changes shall be notified to the competent authority by the beneficiaries within the deadline set by the Member States, and shall require the prior approval of the competent authority.
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5.
By way of derogation from Article 54(1) of Delegated Regulation (EU) 2016/1149, where a change to an already approved operation has been notified to the competent authority in accordance with paragraph 3 of this Article, support shall be paid for the individual actions already implemented under this operation if these actions have been implemented in full and have been subject to administrative and, where applicable, on-the-spot checks in accordance with Section 1 of Chapter IV of Commission Implementing Regulation (EU) 2016/1150 (
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).
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6.
By way of derogation from the third, fourth, fifth and sixth subparagraphs of Article 54(4) of Delegated Regulation (EU) 2016/1149, for payment claims submitted not later than 15 October 2021, where operations supported under Articles 46 and 47 of Regulation (EU) No 1308/2013 are not implemented on the total surface for which support was requested for reasons related to the COVID-19 pandemic, Member States shall calculate the support to be paid on the basis of the area determined by the on-the-spot checks following implementation.
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TITLE III
FINAL PROVISIONS
Article 3
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
