27.1.2021 |
EN |
Official Journal of the European Union |
L 27/9 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/73
of 26 January 2021
amending Implementing Regulation (EU) No 808/2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 8(3), Article 12 and Article 75(5) thereof,
Whereas:
(1) |
Commission Implementing Regulation (EU) No 808/2014 (2) lays down rules for the application of Regulation (EU) No 1305/2013. Regulation (EU) 2020/2220 of the European Parliament and of the Council (3) amended Regulation (EU) No 1305/2013 and extended the period of duration of rural development programmes supported by the European Agricultural Fund for Rural Development (‘EAFRD’) until 31 December 2022 and provided Member States with the possibility to finance their extended programmes from the corresponding budget allocation for the years 2021 and 2022. Moreover, Regulation (EU) 2020/2220 made the additional resources from the European Union Recovery Instrument established by Council Regulation (EU) 2020/2094 (4) (‘EURI’) available in the extended programmes in the years 2021 and 2022 to fund measures under Regulation (EU) No 1305/2013 with the objective to address the impact of the COVID-19 crisis and its consequences for the Union agricultural sector and rural areas. Therefore, the respective rules for the implementation of Regulation (EU) No 1305/2013 should be amended. |
(2) |
Article 4(2) of Implementing Regulation (EU) No 808/2014 sets the maximum number of amendments to rural development programmes that Member States may submit to the Commission. In order to increase the flexibility for Member States to use their budget allocation for the years 2021 and 2022 in the extended programmes and integrate the additional resources from the EURI, the maximum number of amendments referred to in that Article should be increased and the deadlines for submitting requests for last programme amendments postponed. Moreover, it needs to be clarified that the maximum number of amendments should not apply to requests to amend rural development programmes in case amendments are necessary following the entry into force of Regulation (EU) 2020/2220 in order to extend the duration of the rural development programmes and integrate the additional resources from the EURI. |
(3) |
Regulation (EU) 2020/2220 provides that for the extended rural development programmes, targets established in the context of the performance framework are to be set for the year 2025. Thus, it is necessary to specify that the performance framework indicator targets refer to the planned achievements by 31 December 2025. Furthermore, Regulation (EU) 2020/2220 excludes the application of the performance framework to the additional resources from the EURI. Therefore, outputs financed by the additional resources from the EURI should be excluded from the performance framework targets. |
(4) |
Regulation (EU) 2020/2220 provides that the additional resources from the EURI are to be programmed and monitored separately from the Union support for rural development, while applying in principle, the rules set out in Regulation (EU) No 1305/2013. Thus, separate specifications in the relevant measure descriptions in the rural development programmes and the national framework programmes will be required where operations are supported by the additional resources from the EURI. Financing plans of the rural development programmes, national frameworks and national rural networks should also indicate separately the additional resources from the EURI. |
(5) |
Moreover, in the indicator plan for the selected measures, the sub-total of the planned outputs and planned total public expenditure which is financed by the additional resources from the EURI should be indicated separately. In the annual implementation reports, the reporting on committed expenditure by measure and focus area should indicate the part of the commitments which are financed by the additional resources from the EURI. |
(6) |
Article 8(h)(ii) of Regulation (EU) No 1305/2013 requires that for each measure, for each type of operation with a specific EAFRD contribution rate, for the type of operation referred to in Articles 37(1), 38(3), 39(1) and Article 39a of Regulation (EU) No 1305/2013, when a Member State applies a minimum loss threshold set below 30 %; and for technical assistance, the financing plan is to contain a table indicating the total Union contribution planned and the applicable EAFRD contribution rate. Since the same rules apply to the contribution from the additional resources from the EURI, the financing plan should indicate, if applicable, for each such measure for each type of operation, the planned EURI contribution and the EURI contribution rate. |
(7) |
Regulation (EU) 2020/2220 has amended Articles 38 and 39 of Regulation (EU) No 1305/2013 as to the minimum loss threshold Member States can define in their rural development programmes based on which farmers may be compensated for losses under the mutual funds for adverse climatic events, animal and plant diseases, pest infestations and environmental incidents and the income stabilisation tool for farmers of all sectors. As a consequence and for the WTO reporting purposes, expenditure for all risk management tools governed by Article 36 of Regulation (EU) No 1305/2013 and where the minimum loss threshold is below 30 % need to be planned and reported separately. The indicator plan needs to specify these new programming and planning requirements accordingly. |
(8) |
Implementing Regulation (EU) No 808/2014 should therefore be amended accordingly. |
(9) |
Given the urgency related to the COVID-19 crisis, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. |
(10) |
The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
Implementing Regulation (EU) No 808/2014 is amended as follows:
(1) |
Article 4 is amended as follows:
|
(2) |
Annex I is amended as set out in Annex I to this Regulation; |
(3) |
Annex VII is amended as set out in Annex II to this Regulation. |
Article 2
This Regulation shall enter into force on the day following that 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.
Done at Brussels, 26 January 2021.
For the Commission
The President
Ursula VON DER LEYEN
(1) 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, p. 487).
(2) Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 227, 31.7.2014, p. 18).
(3) Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1).
(4) Council Regulation (EU) 2020/2094 of 14 December 2020 establishing a European Union Recovery Instrument to support the recovery in the aftermath of the COVID-19 crisis (OJ L 433 I, 22.12.2020, p. 23).
ANNEX I
Annex I to Implementing Regulation (EU) No 808/2014 is amended as follows:
(1) |
Part 1 is amended as follows:
|
(2) |
Part 2 is amended as follows:
|
(3) |
in Part 3, point 5 is replaced by the following:
|
ANNEX II
Point (b) of point 1 of Annex VII to Implementing Regulation (EU) No 808/2014 is amended as follows:
(1) |
the first subparagraph is replaced by the following: ‘Information on RDP implementation as measured by common and specific indicators, including the progress achieved in relation to the targets set for each focus area and on realised output compared to planned output as set out in the indicator plan. Beginning from the annual implementation report to be submitted in 2017, the achievements towards the milestones and targets set in the performance framework (Table F). Additional information on the stage of RDP implementation is provided through data on financial commitments by measure and focus area, and the related expected progress towards targets’; |
(2) |
in the second subparagraph, the first indent is replaced by the following:
|