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Official Journal |
EN L series |
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2026/1905 |
3.8.2026 |
COMMISSION IMPLEMENTING REGULATION (EU) 2026/1905
of 31 July 2026
amending Implementing Regulation (EU) 2022/1173 as regards the amendment and withdrawal of aid applications
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (1), and in particular Article 75, first subparagraph, point (b), thereof,
Whereas:
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(1) |
Article 69 of Regulation (EU) 2021/2116 provides that Member States are to require applications to be submitted by means of a geo-spatial application form in the case of aid for area-based interventions referred to in Article 65(2) of that Regulation and implemented under their CAP Strategic Plans. |
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(2) |
Article 7 of Commission Implementing Regulation (EU) 2022/1173 (2) lays down rules on the amendment or withdrawal of aid applications. Pursuant to those rules, beneficiaries may amend or withdraw their aid application at any time prior to a deadline to be set by the Member States, which must be no later than 15 calendar days before the date when the payment of the first instalment or the advances are to be made. |
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(3) |
The Fertiliser Action Plan (3) presented by the Commission in May 2026 includes more flexible rules on payments of advances in response to the increased fertiliser prices due to the Middle East crisis. In this context, Regulation (EU) 2026/1768 of the European Parliament and of the Council (4) amending Regulation (EU) 2021/2116 allowed Member States, with respect to claim year 2026, to increase the level of advance payments up to 75 % for interventions in the form of direct payments and for aid constituting direct payments under the measures referred to in Chapter IV of Regulation (EU) No 228/2013 of the European Parliament and of the Council (5) and in Chapter IV of Regulation (EU) No 229/2013 of the European Parliament and of the Council (6). |
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(4) |
Regulation (EU) 2026/1768 also provides for the possibility to pay advances before 16 October 2026. Due to that possibility the period within which beneficiaries are allowed to amend aid applications under Article 7 of Implementing Regulation (EU) 2022/1173 may be significantly reduced. Therefore, in order to allow beneficiaries sufficient time to amend their aid applications, the rules governing the deadline laid down in Article 7(1) of Implementing Regulation (EU) 2022/1173 should be amended so that they are not linked to the payment of advances. |
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(5) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds and the Common Agricultural Policy Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 7 of Implementing Regulation (EU) 2022/1173, paragraph 1 is replaced by the following:
‘1. Aid applications may be amended or totally or partially withdrawn by the beneficiary under the following conditions:
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(a) |
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 first instalment is to be paid in accordance with Article 44(2), first subparagraph, of Regulation (EU) 2021/2116. However, amendments or withdrawals shall not be allowed with 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 Member State has informed the beneficiary of its intention to carry out an on-the-spot-check; |
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(b) |
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 first instalment is to be paid in accordance with Article 44(2), first subparagraph, of Regulation (EU) 2021/2116. However, with 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 if 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 Member State has informed the beneficiary of its 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 with respect to the part not affected by the non-compliance detected by the on-the-spot check; |
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(c) |
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 first instalment is to be paid in accordance with Article 44(2), first subparagraph, of Regulation (EU) 2021/2116. However, amendments or withdrawals shall not be allowed once the Member State has informed the beneficiary of its 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 with respect to the part not affected by the non-compliance detected by the on-the-spot check.’. |
Article 2
This Regulation shall enter into force on the third 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, 31 July 2026.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 435, 6.12.2021, p. 187, ELI: http://data.europa.eu/eli/reg/2021/2116/oj.
(2) 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 (OJ L 183, 8.7.2022, p. 23, ELI: http://data.europa.eu/eli/reg_impl/2022/1173/oj).
(3) Communication from the Commission ‘Fertiliser Action Plan: Partnership for ensuring the availability, affordability and strategic autonomy in home-grown EU fertilisers’ (COM(2026) 310 final).
(4) Regulation (EU) 2026/1768 of the European Parliament and of the Council of 14 July 2026 amending Regulation (EU) 2021/2115 as regards a specific type of intervention to provide exceptional temporary support under the European Agricultural Fund for Rural Development (EAFRD) and the possibility to adapt direct payments allocations for calendar year 2027 and Regulation (EU) 2021/2116 as regards more flexible rules on payments of advances in response to the increased fertiliser prices due to the Middle East crisis (OJ L, 2026/1768, 21.7.2026, ELI: http://data.europa.eu/eli/reg/2026/1768/oj).
(5) Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23, ELI: http://data.europa.eu/eli/reg/2013/228/oj).
(6) Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41, ELI: http://data.europa.eu/eli/reg/2013/229/oj).
ELI: http://data.europa.eu/eli/reg_impl/2026/1905/oj
ISSN 1977-0677 (electronic edition)