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Agriculture in the EU — financing, managing and monitoring rules

Agriculture in the EU — financing, managing and monitoring rules

 

SUMMARY OF:

Regulation (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy

WHAT IS THE AIM OF THE REGULATION?

One of the basic acts of the EU’s common agricultural policy (CAP), this regulation lays down rules for financing, management and monitoring under the 2 main CAP funds.

The regulation has been amended several times, most recently by Regulation (EU) 2017/2393.

KEY POINTS

Scope

This regulation sets out rules covering:

  • the financing of expenditure under the CAP, including expenditure on rural development;
  • the farm advisory system;
  • the management and control systems to be put in place by EU countries;
  • the cross-compliance system;
  • clearance of accounts.

Funds financing the CAP

Governance structure

  • Both funds are operated in shared management between the EU and EU countries.
  • Paying agencies:
    • Departments or bodies of EU countries.
    • They are responsible for the management and control of expenditure.
    • They must comply with rules set out by the European Commission.
  • Certification bodies:
    • Public or private bodies designated by EU countries.
    • They provide an opinion, drawn up under internationally accepted audit standards, on:
      • the completeness, accuracy and veracity of the annual accounts of the paying agency;
      • the functioning of its internal control system;
      • the legality and regularity of expenditure for which reimbursement has been requested from the Commission.

Financial management

The regulation sets out rules for the financial management of both funds, including:

  • for the EAGF
    • financing of expenditure — including the budget ceiling and procedure for payments
    • budget discipline — including a monthly early warning and monitoring system;
  • for the EAFRD
    • financing of rural development programmes — including financial contributions to and from EAFRD and budgetary commitments
    • financial contribution to rural development programmes — including prefinancing arrangements and interim payments;
  • means for the Commission to ensure expenditure has been carried out according to EU rules — including the power to reduce and suspend payments.

Clearance of accounts

  • On-the-spotchecks by the Commission in EU countries, including checking::
    • that administrative practices respect EU law;
    • that the required supporting documents exist and correspond to the operations financed by the funds;
    • that the conditions for financing by the EAGF or the EAFRD were fulfilled and checked;
    • the accreditation of paying agencies.
  • Access to information and documents — EU countries should make available to the Commission all information and documents necessary.
  • Clearance of accounts procedure — the Commission adopts an implementing act containing its decision on the completeness, accuracy and veracity of the annual accounts submitted by accredited paying agencies.
  • Conformity clearance — where expenditure does not conform to applicable EU and national law, the Commission will determine the amount to be excluded from EU financing.
  • Irregularities — where an undue payment has been made following an irregularity or negligence, EU countries must request recovery of the payment from the beneficiary within 18 months along with a report stating that an irregularity has taken place.

Controls

  • To ensure that support is correctly allocated to beneficiaries, EU countries are required to set up efficient control systems. For certain payments, EU countries must operate a system for the management and control of payments to farmers, the Integrated Administration and Control System.
  • Control requirements will be lowered in regions where previous checks have shown good results, and increased in regions where there are problems.
  • Scrutiny of transactions. The regulation sets out specific rules on the scrutiny of the commercial documents of paying agencies or beneficiaries (or their representatives) relating directly or indirectly to the EAGF financing system to check whether transactions in the system have actually been carried out and have been executed correctly.

Penalties

The regulation provides that, in addition to the non-payment or withdrawal of a payment, EU countries must impose administrative penalties on beneficiaries who do not meet eligibility requirements, obligations or commitments.

Cross-compliance

All direct payments, certain rural development payments and certain vine payments are linked to compliance with a number of minimum legal requirements relating to:

  • the environment;
  • climate change;
  • agricultural conditions of land;
  • human, animal and plant health standards; and
  • animal welfare.

Farm advisory system

To advise beneficiaries on land management and farm management, EU countries must establish a farm advisory system.

The system covers a number of elements, including:

  • the requirements and standards of cross-compliance;
  • agricultural practices beneficial for the climate, the environment and the maintenance of the agricultural area;
  • measures at farm level required in rural development programmes for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, and for promoting entrepreneurship;
  • ensuring that advisors are suitably qualified and trained.

Common rules

The regulation also sets a number of common rules covering issues such as:

  • the information submitted to the Commission by EU countries and how it is used;
  • the use of the euro and the exchange rate used;
  • setting up a monitoring and evaluation framework to measure the CAP’s performance;
  • the requirement for transparency of all beneficiaries, except for those farms which are eligible for the small farmers’ scheme.

COVID-19 pandemic

Following the outbreak of the COVID-19 pandemic, Regulation (EU) 2020/531 allows EU countries to pay a higher level of advances to beneficiaries for the year 2020. This is to compensate for potential delays in aid payments due to the resulting exceptional administrative difficulties delaying the performance of checks.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 1 January 2014.

BACKGROUND

For further information see:

MAIN DOCUMENT

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, pp. 549-607)

Successive amendments to Regulation (EU) No 1306/2013 have been incorporated into the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Delegated Regulation (EU) 2020/760 of 17 December 2019 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the rules for the administration of import and export tariff quotas subject to licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the lodging of securities in the administration of tariff quotas (OJ L 185, 12.6.2020, pp. 1-23)

Commission Implementing Regulation (EU) 2020/761 of 17 December 2019 laying down rules for the application of Regulations (EU) No 1306/2013, (EU) No 1308/2013 and (EU) No 510/2014 of the European Parliament and of the Council as regards the management system of tariff quotas with licences (OJ L 185, 12.6.2020, pp. 24-252)

Commission Implementing Regulation (EU) 2020/531 of 16 April 2020 derogating in respect of the year 2020 from the third subparagraph of Article 75(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the level of advance payments for direct payments and area-related and animal-related rural development measures and from the first subparagraph of Article 75(2) of that Regulation as regards direct payments (OJ L 119, 17.4.2020, pp. 1-2)

Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency (OJ L 255, 28.8.2014, pp. 59-124)

See consolidated version.

Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, pp. 69-124)

See consolidated version.

Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ L 181, 20.6.2014, pp. 48-73)

See consolidated version.

Commission Delegated Regulation (EU) No 906/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure (OJ L 255, 28.8.2014, pp. 1-17)

See consolidated version.

Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, pp. 18-58)

See consolidated version.

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, pp. 487-548)

See consolidated version.

Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, pp. 608–670)

See consolidated version.

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, pp. 671-854)

See consolidated version

Commission Delegated Regulation (EU) No 906/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure (OJ L 255, 28.8.2014, pp. 1-17)

See consolidated version.

Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, pp. 18-58)

See consolidated version.

last update 14.08.2020

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