ISSN 1977-0677
Official Journal
of the European Union
L 139
English edition
Legislation
Volume 66
26 May 2023
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 139 |
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English edition |
Legislation |
Volume 66 |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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26.5.2023 |
EN |
Official Journal of the European Union |
L 139/1 |
COUNCIL IMPLEMENTING REGULATION (EU) 2023/1027
of 25 May 2023
implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
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(1) |
On 18 January 2012, the Council adopted Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria. |
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(2) |
On the basis of a review of those measures, the entries for two deceased individuals should be deleted from the list of natural and legal persons, entities or bodies set out in Annex II to Regulation (EU) No 36/2012. The entries for 19 natural persons in that list should be updated and amended. |
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(3) |
Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) No 36/2012 is amended in accordance with the Annex 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, 25 May 2023.
For the Council
The President
J. FORSSELL
ANNEX
Annex II to Regulation (EU) No 36/2012 is amended as follows:
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(1) |
in section ‘A (Persons)’, the following two entries are deleted:
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(2) |
in section ‘A (Persons)’, entries 5, 8, 12, 50, 51, 74, 107, 119, 120, 121, 192, 271, 284, 285, 290, 291, 324, 325, and 326 are replaced by the following:
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26.5.2023 |
EN |
Official Journal of the European Union |
L 139/10 |
COMMISSION DELEGATED REGULATION (EU) 2023/1028
of 20 March 2023
amending Regulation (EU) No 748/2012 as regards the definition of complex motor-powered aircraft and correcting that Regulation
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 19(1) and Article 62(13) thereof,
Whereas:
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(1) |
Commission Regulation (EU) No 748/2012 (2) lays down the requirements for the airworthiness and environmental certification of products, parts and appliances of civil aircraft, such as engines, propellers and parts to be installed therein, for the purposes of Regulation (EU) 2018/1139. |
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(2) |
Article 140(2) of Regulation (EU) 2018/1139 requires the implementing rules adopted on the basis of Regulation (EC) No 216/2008 of the European Parliament and of the Council (3) to be adapted to Regulation (EU) 2018/1139 no later than 12 September 2023. Regulation (EU) No 748/2012 should therefore be amended to introduce the definition of ‘complex motor-powered aircraft’. |
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(3) |
Commission Delegated Regulation (EU) 2022/1358 (4) amended Article 3 of Regulation (EU) No 748/2012 to update the references to Annex I of Regulation (EU) No 748/2012. Article 1, point (5) of Delegated Regulation (EU) 2022/1358 inadvertently stated that it replaced paragraphs 3 and 4 of Article 3 of Regulation (EU) No 748/2012. In fact, it should have replaced paragraphs 2 and 3 of that Article. The whole of Article 3 of Regulation (EU) No 748/2012 should now be replaced to avoid confusion. |
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(4) |
Article 1, point (6) of Delegated Regulation (EU) 2022/1358 inadvertently stated that it replaced paragraph 3 of Article 8 of Regulation (EU) No 748/2012. In fact, Article 8(3) of Regulation (EU) No 748/2012 is considered to be important for the correct functioning of Regulation (EU) No 748/2012 and should have been retained. Therefore, the original Article 8(3) should be reintroduced as a new paragraph 6. |
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(5) |
Article 1, point (8) of Delegated Regulation (EU) 2022/1358 inadvertently stated that it replaced paragraphs 2 and 3 of Article 9 of Regulation (EU) No 748/2012. In fact, those provisions are considered to be important for the correct functioning of Regulation (EU) No 748/2012 and should have been retained. The whole of Article 9 of Regulation (EU) No 748/2012 should now be replaced to avoid confusion. |
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(6) |
Regulation (EU) No 748/2012 should therefore be amended and corrected accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
In Article 1(2) of Regulation (EU) No 748/2012, the following point (ha) is inserted:
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‘(ha) |
“complex motor-powered aircraft” means:
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Article 2
Regulation (EU) No 748/2012 is corrected as follows:
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(1) |
Article 3 is replaced by the following: ‘Article 3 Continued validity of type-certificates and related certificates of airworthiness 1. With regard to products which had a type-certificate, or a document allowing the issuing of a certificate of airworthiness, issued before 28 September 2003 by a Member State, the following provisions shall apply:
2. With regard to products for which a type-certification process was proceeding through the JAA or a Member State on 28 September 2003, the following shall apply:
3. With regard to products that have a national type certificate, or equivalent, and for which the approval process of a change carried out by a Member State was not finalised at the time when the type certificate had to be approved in accordance with this Regulation, the following conditions shall apply:
4. With regard to products that had a national type-certificate, or equivalent, and for which the approval process of a major repair design carried out by a Member State was not finalised at the time when the type-certificate had to be determined in accordance with this Regulation, compliance findings made under JAA or Member State procedures shall be deemed to have been made by the Agency for the purpose of complying with point 21.A.433(a) of Annex I (Part 21). 5. A certificate of airworthiness issued by a Member State attesting conformity with a type-certificate determined in accordance with paragraph 1 shall be deemed to comply with this Regulation.’ |
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(2) |
in Article 8, the following paragraph 6 is added: ‘6. Design organisation approvals issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid before 28 September 2003 shall be deemed to comply with this Regulation.’ |
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(3) |
Article 9 is replaced by the following: ‘Article 9 Production organisations 1. An organisation responsible for the manufacture of products, parts and appliances shall demonstrate its capability in accordance with the provisions of Annex I (Part 21). This demonstration of capability is not required for the parts or appliances that an organisation manufactures which, in accordance with the provisions of Annex I (Part 21), are eligible for installation in a type-certified product without the need to be accompanied by an authorised release certificate (i.e. EASA Form 1). 2. By way of derogation from point 1, a manufacturer whose principal place of business is in a non-member State may demonstrate its capability by holding a certificate issued by that State for the product, part and appliance for which it applies, provided:
3. Production organisation approvals issued or recognised by a Member State in accordance with the JAA requirements and procedures and valid before 28 September 2003 shall be deemed to comply with this Regulation. 4. By way of derogation from paragraph 1, the production organisation may apply to the competent authority for exemptions from the environmental protection requirements referred to in the first subparagraph of Article 9(2) of Regulation (EU) 2018/1139. 5. By way of derogation from points 21.B.225(d)(1) and (2) of Annex I (Part 21), a production organisation that holds a valid approval certificate issued in accordance with Annex I (Part 21) may correct, until 7 March 2025, any findings of non-compliance related to the Annex I requirements introduced by Commission Delegated Regulation (EU) 2022/201 (*1). Where after 7 March 2025 the organisation has not closed those findings, the approval certificate shall be revoked, limited or suspended in whole or in part. 6. By way of derogation from point 21.A.125C(a)(1) of Annex I (Part 21), an organisation that produces products, parts or appliances without an approval certificate and that holds a valid letter of agreement issued on or before 7 March 2023 in accordance with Annex I (Part 21) shall not be required to comply with the relevant Annex I requirements introduced by Delegated Regulation (EU) 2022/201. 7. By way of derogation from paragraph 1 of this Article, a natural or legal person whose principal place of business is in a Member State and who is responsible for the manufacture of products and their parts and appliances in accordance with Article 2(2) may alternatively demonstrate their capability in accordance with Annex Ib (Part 21 Light). 8. The demonstration of capability pursuant to paragraphs 1 or 2 shall not be required where the production organisation or natural or legal person are involved in the following manufacturing activities:
(*1) Commission Delegated Regulation (EU) 2022/201 of 10 December 2021 amending Regulation (EU) No 748/2012 as regards management systems and occurrence-reporting systems to be established by design and production organisations, as well as procedures applied by the Agency, and correcting that Regulation (OJ L 33, 15.2.2022, p. 7).’." |
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 25 August 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 March 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (OJ L 224, 21.8.2012, p. 1).
(3) Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (OJ L 79, 19.3.2008, p. 1).
(4) Commission Delegated Regulation (EU) 2022/1358 of 2 June 2022 amending Regulation (EU) No 748/2012 as regards the implementation of more proportionate requirements for aircraft used for sport and recreational aviation (OJ L 205, 5.8.2022, p. 7).
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26.5.2023 |
EN |
Official Journal of the European Union |
L 139/15 |
COMMISSION REGULATION (EU) 2023/1029
of 25 May 2023
amending Annexes III and V to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for phosmet in or on certain products
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1), point (a), and Article 18(1), point (b), thereof,
Whereas:
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(1) |
For phosmet, maximum residue levels (‘MRLs’) were set in Part A of Annex III to Regulation (EC) No 396/2005. |
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(2) |
The European Food Safety Authority (‘the Authority’) submitted a reasoned opinion on the review of the existing MRLs for phosmet in accordance with Article 12(1) of Regulation (EC) No 396/2005 (2). It proposed to change the residue definition for enforcement purposes from ‘phosmet and phosmet-oxon expressed as phosmet’ to ‘phosmet’. The Commission considers this new residue definition to be appropriate in the context of Regulation (EC) No 396/2005. |
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(3) |
In its reasoned opinion on the review of the existing MRLs for phosmet in accordance with Article 12(1) of Regulation (EC) No 396/2005, the Authority identified a risk for consumers concerning the MRLs for grapefruits, oranges, lemons, limes, mandarins, coconuts, apples, pears, quinces, medlars, loquats, apricots, peaches, table grapes, wine grapes, blueberries, cranberries, kumquats and potatoes. In addition, in the context of a decision on non-renewal of the approval of the active substance phosmet (3), the Authority published a conclusion (4) on the peer review of the pesticide risk assessment of the active substance phosmet explaining that the consumer dietary risk assessment for phosmet could not be finalised because data including the toxicological profile and genotoxicity potential of the metabolite phosmet-oxon was incomplete. In view of the data gaps, the Authority could not rule out harmful effects on human health with the existing MRLs for phosmet in all products. Therefore, none of the existing MRLs for phosmet, including those based on Codex maximum residue limits (CXLs), could be confirmed as being safe for consumers. It is therefore appropriate to delete the MRLs for phosmet in Part A of Annex III to Regulation (EC) No 396/2005 in accordance with Article 17 of Regulation (EC) No 396/2005 in conjunction with Article 14(1) point (a) thereof. MRLs for phosmet in all products should be set at the limits of determination (‘LODs’), specific to each product and safe for consumers, which should be set in Annex V to Regulation (EC) No 396/2005 in accordance with Article 18(1), point (b) of that Regulation. |
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(4) |
Additionally, the Authority and a Member State identified that the default value of 0,01* mg/kg for oranges, potatoes, apples, pears, pineapples, melons, watermelons, sugar beet roots, and milk (cattle), does not provide a sufficient level of protection for consumers. Therefore, the LODs for these products should be set at the lower and achievable level of 0,005* mg/kg, which is safe for consumers. |
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(5) |
The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain LODs. Those laboratories proposed product specific LODs that are analytically achievable. |
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(6) |
Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs and their comments have been taken into account. |
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(7) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(8) |
A reasonable period should be allowed to elapse before the new MRLs become applicable, in order to permit Member States, third countries and food business operators to adapt themselves to the requirements which result from the modification of the MRLs. |
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(9) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes III and V to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 15 September 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) European Food Safety Authority; Reasoned opinion on the review of the existing maximum residue levels for phosmet according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2022;20(7):7448.
(3) Commission Implementing Regulation (EU) 2022/94 of 24 January 2022 concerning the non-renewal of the approval of the active substance phosmet, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ L 16, 25.1.2022, p. 33).
(4) European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance phosmet, EFSA Journal 2021;19(3):6237.
ANNEX
Annexes III and V to Regulation (EC) No 396/2005 are amended as follows:
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(1) |
in Part A of Annex III, the column for phosmet is deleted; |
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(2) |
in Annex V, the following column for phosmet is added: ‘Pesticide residues and maximum residue levels (mg/kg)
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((*)) Indicates lower limit of analytical determination
(1) For the complete list of products of plant and animal origin to which MRL's apply, reference should be made to Annex I’
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26.5.2023 |
EN |
Official Journal of the European Union |
L 139/28 |
COMMISSION REGULATION (EU) 2023/1030
of 25 May 2023
amending Annex IV to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards Bacillus amyloliquefaciens strain AH2, Bacillus amyloliquefaciens strain IT-45 and Purpureocillium lilacinum strain PL11
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 5(1) and Article 14(1) thereof,
Whereas:
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(1) |
For Bacillus amyloliquefaciens strain AH2, Bacillus amyloliquefaciens strain IT-45 and Purpureocillium lilacinum strain PL11, no specific maximum residue levels (‘MRLs’) have been set. Therefore, the default value of 0,01 mg/kg laid down in Article 18(1), point (b), of Regulation (EC) No 396/2005 applies. |
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(2) |
Commission Implementing Regulation (EU) 2021/1455 (2) approved the low-risk active substance Bacillus amyloliquefaciens strain AH2. During the peer-review of the pesticide risk assessment of the active substance under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (3), the European Food Safety Authority (‘Authority’) concluded (4), as regards the dietary risk assessment for consumers, some information was not available and further consideration by risk managers was required. As set out in the review report for that substance (5) in the context of the risk assessment of the active substance under Regulation (EC) No 1107/2009 Bacillus amyloliquefaciens strain AH2 is not pathogenic to humans, is not expected to produce toxins that are relevant for human health and the risk to humans through metabolites is negligible. Taking into account the peer review of the pesticide risk assessment of the active substance Bacillus amyloliquefaciens strain AH2, the review report and Article 5 and Article 14(2), point (a), (c) and (d), of Regulation (EC) No 396/2005, there is no need to establish MRLs for this substance and it is therefore appropriate to include Bacillus amyloliquefaciens strain AH2 in Annex IV to Regulation (EC) No 396/2005. |
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(3) |
Commission Implementing Regulation (EU) 2022/159 (6) approved the low-risk active substance Bacillus amyloliquefaciens strain IT-45. During the peer-review of the pesticide risk assessment of the active substance under Regulation (EC) No 1107/2009, the Authority concluded (7), as regards the dietary risk assessment for consumers some information was not available and further consideration by risk managers was required. As set out in the review report for that substance (8), in the context of the risk assessment of the active substance under Regulation (EC) No 1107/2009 Bacillus amyloliquefaciens strain IT-45 is not pathogenic to humans, is not expected to produce toxins that are relevant for human health and the risk to humans through metabolites is negligible. Taking into account the peer review of the pesticide risk assessment of the active substance Bacillus amyloliquefaciens strain IT-45, the review report and Article 5 and Article 14(2), point (a), (c) and (d), of Regulation (EC) No 396/2005, there is no need to establish MRLs for this substance and it is therefore appropriate to include Bacillus amyloliquefaciens strain IT-45 in Annex IV to Regulation (EC) No 396/2005. |
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(4) |
Commission Implementing Regulation (EU) 2022/4 (9) approved the low-risk active substance Purpureocillium lilacinum strain PL11. During the peer-review of the pesticide risk assessment of the active substance under Regulation (EC) No 1107/2009 the Authority concluded (10), as regards the dietary risk assessment for consumers some information was not available and further consideration by risk managers was required. As set out in the review report for that substance (11), in the context of the risk assessment of the active substance under Regulation (EC) No 1107/2009 Purpureocillium lilacinum strain PL11 is not pathogenic to humans and the risk to humans through metabolites is negligible. Taking into account the peer review of the pesticide risk assessment of the active substance Purpureocillium lilacinum strain PL11, the review report and Article 5 and Article 14(2), point (a), (c) and (d), of Regulation (EC) No 396/2005, there is no need to establish MRLs for this substance and it is therefore appropriate to include Purpureocillium lilacinum strain PL11 in Annex IV to Regulation (EC) No 396/2005. |
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(5) |
Regulation (EC) No 396/2005 should therefore be amended accordingly. |
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(6) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
In Annex IV to Regulation (EC) No 396/2005, the following entries are inserted in alphabetical order: Bacillus amyloliquefaciens strain AH2, Bacillus amyloliquefaciens strain IT-45 and Purpureocillium lilacinum strain PL11.
Article 2
This Regulation shall enter into force on the twentieth 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, 25 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(2) Commission Implementing Regulation (EU) 2021/1455 of 6 September 2021 approving the low-risk active substance Bacillus amyloliquefaciens strain AH2 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 315, 7.9.2021, p. 1).
(3) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(4) Peer review of the pesticide risk assessment of the active substance Bacillus amyloliquefaciens strain AH2. EFSA Journal 2020;18(7):6156. Doi: https://doi.org/10.2903/j.efsa.2020.6156.
(5) Review report for the active substance Bacillus amyloliquefaciens strain AH2 [finalised in the Standing Committee on Plants, Animals, Food and Feed at its meeting on 5 July 2021] SANTE/11938/2020 Rev. 4, 6 July 2021. https://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/start/screen/active-substances/details/1257.
(6) Commission Implementing Regulation (EU) 2022/159 of 4 February 2022 approving the low-risk active substance Bacillus amyloliquefaciens strain IT-45 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 26, 7.2.2022, p. 7).
(7) Peer review of the pesticide risk assessment of the active substance Bacillus amyloliquefaciens strain IT-45. EFSA Journal 2021;19(5):6594. Doi: https://doi.org/10.2903/j.efsa.2021.6594.
(8) Review report for the active substance Bacillus amyloliquefaciens strain IT-45 [finalised in the Standing Committee on Plants, Animals, Food and Feed at its meeting on 1-2 December 2021] SANTE/10762/2021 Rev. 1, 1-2 December 2021. https://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/start/screen/active-substances/details/1333.
(9) Commission Implementing Regulation (EU) 2022/4 of 4 January 2022 approving the active substance Purpureocillium lilacinum strain PL11 as a low-risk substance in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ L 1, 5.1.2022, p. 5).
(10) Peer review of the pesticide risk assessment of the active substance Purpureocillium lilacinum strain PL11. EFSA Journal 2022;20(5):6393. Doi: https://doi.org/10.2903/j.efsa.2022.6393.
(11) Review report for the active substance Purpureocillium lilacinum strain PL11 [finalised in the Standing Committee on Plants, Animals, Food and Feed at its meeting on 22 October 2021] SANTE/10418/2021 Rev. 4. https://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/start/screen/active-substances/details/1285.
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26.5.2023 |
EN |
Official Journal of the European Union |
L 139/31 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1031
of 24 May 2023
amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 183(b) thereof,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
Whereas:
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(1) |
Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin. |
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(2) |
Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin. |
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(3) |
Regulation (EC) No 1484/95 should therefore be amended accordingly. |
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(4) |
Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.
Article 2
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.
Done at Brussels, 24 May 2023.
For the Commission,
On behalf of the President,
Wolfgang BURTSCHER
Director-General
Directorate-General for Agriculture and Rural Development
(1) OJ L 347, 20.12.2013, p. 671.
(2) OJ L 150, 20.5.2014, p. 1.
(3) Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).
ANNEX
‘ANNEX I
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CN code |
Description |
Representative price (EUR/100 kg) |
Security under Article 3 (EUR/100 kg) |
Origin (1) |
|
0207 14 10 |
Fowls of the species Gallus domesticus, boneless cuts, frozen |
258,9 |
12 |
BR |
(1) Nomenclature laid down by Commission Implementing Regulation (EU) 2020/1470 of 12 October 2020 on the nomenclature of countries and territories for the European statistics on international trade in goods and on the geographical breakdown for other business statistics (OJ L 334, 13.10.2020, p. 2).
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26.5.2023 |
EN |
Official Journal of the European Union |
L 139/34 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1032
of 25 May 2023
establishing measures to prevent the introduction into and the spread within the Union territory of Tomato brown rugose fruit virus (ToBRFV) and amending Implementing Regulation (EU) 2020/1191
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/2031 of the European Parliament and the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (1), and in particular Article 30(1) thereof,
Having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (2), and in particular Article 22(3) and Article 52 thereof,
Whereas:
|
(1) |
Tomato brown rugose fruit virus (ToBRFV) (‘the specified pest’) is currently not listed as a Union quarantine pest, or as a Union regulated non-quarantine pest, in Commission Implementing Regulation (EU) 2019/2072 (3). However it fulfils the criteria set out in Subsection 2 of Section 3 of Annex I to Regulation (EU) 2016/2031 for a preliminary assessment to identify pests which provisionally qualify as a Union quarantine pest requiring temporary measures as referred to in Article 30(1) of that Regulation. |
|
(2) |
Commission Implementing Regulation (EU) 2020/1191 (4) established measures to prevent the introduction into and the spread within the Union of the specified pest. That Regulation is to expire on 31 May 2023. |
|
(3) |
After the adoption of Implementing Regulation (EU) 2020/1191, more recent scientific information has been collected on the spread of the specified pest and on testing methods and the audits carried out by the Commission services provided feedback on the implementation of the provisions and on their impact on the protection against the spread of the disease. That justifies the need for the adoption of a new act with more detailed measures than those provided for in that Regulation. |
|
(4) |
In order to ensure the most proactive approach concerning phytosanitary protection, measures should be established for situations where any person within the Union territory suspects or becomes aware of the presence of the specified pest, and with regards to the corresponding notification to the competent authority, and the actions to be taken by it. |
|
(5) |
Where the presence of the specified pest is officially confirmed in the territory of a Member State, the competent authority of the Member State concerned should establish a demarcated area to ensure the eradication of that pest and the prevention of its spread to the rest of the Union territory. In order to ensure the most appropriate and proportionate approach, different rules for the demarcation should be adopted for the case where the presence of the specified pest is confirmed in production sites with physical protection, because of the reduced phytosanitary risk resulting from that protection. |
|
(6) |
In order to ensure a more proactive approach for the protection of the Union territory from the specified pest, Member States should conduct annual surveys for the presence of the specified pest in their territory. |
|
(7) |
Rules should be established for the movement within the Union of seeds of Solanum lycopersicum L. and hybrids thereof, and of Capsicum spp. (‘specified seeds’), and of plants for planting, other than specified seeds, of Solanum lycopersicum L. and hybrids thereof and of Capsicum spp. (‘specified plants for planting’), because those seeds and other plants for planting are most likely to host and spread the specified pest. |
|
(8) |
Those rules should include, as appropriate for the type of plant and its production, pest freedom in the production site, visual inspection, sampling and testing, appropriate handling of lots, and measures on mother plants. Such an approach is necessary in order to adapt to the technical circumstances of each case of production and movement of the specified seeds and specified plants. |
|
(9) |
In particular, all lots of specified seeds should undergo sampling and testing by the competent authority in order to detect the presence of the specified pest. Those specified seeds should also be tested by the competent authority or professional operator, as applicable, prior to further processing, and have been found, according to those tests, to be free from the specified pest. This is necessary for the protection of the Union territory from the specified pest, as the specified seeds are the starting material for the production of all respective plants. |
|
(10) |
In order to protect the Union territory from the specified pest, requirements should be set out for the introduction into the Union of specified seeds and specified plants for planting from third countries. Those requirements should be similar to the ones concerning the movement of the specified seeds and specified plants for planting within the Union, in order to ensure a non-discriminatory approach. |
|
(11) |
It is proportionate to except from those requirements specified seeds and specified plants belonging to varieties which are known to be resistant to the specified pest, because the respective phytosanitary risk is reduced to an acceptable level in the case of those plants. Members States should notify to the Commission and to the other Members States a list of those resistant varieties, regularly updated. |
|
(12) |
In order to ensure effective official controls against the entry of the specified pest into the Union, at least 20 % of the consignments of specified seeds and of specified plants for planting should be sampled and tested by the competent authority at the border control posts of first arrival into the Union, or at a control point as referred to in Commission Delegated Regulation (EU) 2019/2123 (5). For consignments of specified seeds and specified plants for planting originating in Israel and China, that sampling and testing rate should be 50 % and 100 %, respectively, due to the higher number of interceptions of the specified pest in commodities originating from those third countries. |
|
(13) |
In order to allow sufficient time for the third countries, the competent authorities and the professional operators to adapt to the provisions of this Regulation, it should apply from 1 September 2023. For this reason, and in order to avoid any legal gap, the expiration of the application of Implementing Regulation (EU) 2020/1191 should be extended from 31 May 2023 to 31 August 2023. |
|
(14) |
The full assessment of the specified pest is still pending, in order to determine its risk for the Union territory. For this reason, this Regulation should apply until 31 December 2024, in order to allow time for that assessment to happen by then. |
|
(15) |
In order to swiftly address the phytosanitary risk of the specified pest, the rules of this Regulation should become applicable after the shortest possible delay. Therefore, this Regulation should enter into force on the day following that of its publication. |
|
(16) |
The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
HAS ADOPTED THIS REGULATION:
Article 1
Subject matter
This Regulation establishes measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV).
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
|
(a) |
‘specified pest’ means Tomato brown rugose fruit virus (ToBRFV); |
|
(b) |
‘specified plants’ means plants of Solanum lycopersicum L. and hybrids thereof, and of Capsicum spp., other than specified seeds and specified fruits; |
|
(c) |
‘specified plants for planting’ means plants for planting of Solanum lycopersicum L. and hybrids thereof and of Capsicum spp., other than specified seeds; |
|
(d) |
‘specified seeds’ means seeds of Solanum lycopersicum L. and hybrids thereof, and of Capsicum spp.; |
|
(e) |
‘specified fruits’ means fruits of Solanum lycopersicum L. and hybrids thereof, and of Capsicum spp. |
Article 3
Prohibitions concerning the specified pest
The specified pest shall not be introduced into, moved within, or held, multiplied or released within the Union territory.
Article 4
Measures in the case of suspicion or awareness of the presence of the specified pest
1. Any person within the Union territory who suspects or becomes aware of the presence of the specified pest, shall immediately inform the competent authority and provide it with all relevant information concerning the presence, or suspected presence, of that pest.
2. On receiving such information, the competent authority shall:
|
(a) |
immediately record the information provided; |
|
(b) |
take all necessary measures to confirm or refute the presence or suspected presence of the specified pest; |
|
(c) |
ensure that any person having specified plants, specified seeds or specified fruits which may be infected with the specified pest under its control, is immediately informed of:
|
Article 5
Surveys on the presence of the specified pest
1. The competent authorities shall conduct annual surveys for the presence of the specified pest in their territory.
2. Those surveys shall:
|
(a) |
include sampling and testing as laid down in the Annex; and |
|
(b) |
be based on:
|
3. By 30 April of each year, Member States shall notify the Commission and the other Member States the results of the surveys carried out during the preceding calendar year.
Article 6
Measures in case of confirmed presence of the specified pest
1. Where the presence of the specified pest is officially confirmed in the territory of a Member State, the competent authority of the Member State concerned shall ensure that appropriate measures are taken to eradicate the specified pest in accordance with Article 17 of Regulation (EU) 2016/2031.
That competent authority shall take the measures laid down in paragraphs 2 and 3 of this Article, unless the conditions set out in Article 18(4) of Regulation (EU) 2016/2031 are fulfilled with regard to the specified pest.
Measures laid down in paragraphs 2 and 3 shall not apply to specified plants for planting of varieties which are known to be resistant to the specified pest. Members States shall notify to the Commission and to the other Members States a list of those resistant varieties, regularly updated.
2. The competent authority shall establish without delay a demarcated area as follows:
|
(a) |
if the specified pest is present in production sites with physical protection, the demarcated area shall consist of at least the production site where the specified pest has been found; |
|
(b) |
if the specified pest is present in production sites other than those referred to in point (a), the demarcated area shall consist of:
|
3. In the demarcated area, the competent authority, or the professional operator under the official supervision of the competent authority, shall:
|
(a) |
for production sites intended for the production of specified plants for planting or for the production of specified seeds:
|
|
(b) |
for production sites intended for the production of specified fruits:
|
Article 7
Movement of the specified plants for planting within the Union
1. The specified plants for planting may only be moved within the Union if they are accompanied by a plant passport, issued after the competent authority or the professional operator concerned has concluded all of the following conditions are fulfilled:
|
(a) |
the specified plants for planting derive from specified seeds which comply with the requirements laid down in Articles 8 and 10; |
|
(b) |
the specified plants for planting have been grown in a production site where the specified pest is known not to occur, on the basis of official inspections carried out at the appropriate time to detect the specified pest; |
|
(c) |
the specified plants for planting that have displayed symptoms of the specified pest have been subjected to sampling and testing by the competent authority, and those tests have shown that those plants are free from the specified pest; |
|
(d) |
the lots of the specified plants for planting have been kept separate from other lots of specified plants, by applying appropriate hygiene measures. |
Sampling for testing, as referred to in this paragraph, shall be carried out as set out in the Annex.
2. The conditions laid down in paragraph 1 for issuance of a plant passport shall not apply to specified plants for planting of varieties which are known to be resistant to the specified pest. Members States shall notify to the Commission and to the other Members States a list of those resistant varieties, regularly updated.
Article 8
Movement of the specified seeds within the Union
1. Specified seeds may only be moved within the Union, if they are accompanied by a plant passport issued after the competent authority or the professional operator concerned has concluded that the following conditions are fulfilled:
|
(a) |
the mother plants of the specified seeds have been produced in a production site where the specified pest is known not to occur, on the basis of official inspections carried out at the appropriate time to detect the specified pest; |
|
(b) |
in the case of a specified seed lot originating from more than 30 mother plants that specified seed lot, prior to processing, has undergone sampling and testing as set out in the Annex by the competent authority for the presence of the specified pest, or has been subjected by the professional operators to sampling and testing under the official supervision of the competent authority, and has been found, according to those tests, to be free from the specified pest. Any presence of the specified pest has been notified to the competent authority and the infected specified seed lots shall not move within the Union territory; |
|
(c) |
in the case of a specified seed lot originating from less than or equal to 30 mother plants, sampling and testing, as set out in the Annex, have been carried out by the competent authority for the presence of the specified pest, or by the professional operators under the official supervision of the competent authority on the specified seeds or on each mother plant of those specified seeds. Specified seeds or mother plants have been found, according to those tests, to be free from the specified pest. Any presence of the specified pest has been notified to the competent authority and the specified seed lots originating from the infected mother plants shall not move within the Union territory; |
|
(d) |
in case of suspicion of the presence of the specified pest, that sampling and testing shall only be carried out by the competent authorities in accordance with Article 87(3), point (c), of Regulation (EU) 2016/2031; |
|
(e) |
the origin of all lots of specified seeds are recorded and documented. |
2. By way of derogation from paragraph 1, points (a), (b), (c) and (d), specified seeds that have been harvested prior to 31 August 2023 and before their first movement within the Union have been found by the competent authority or the professional operator concerned to comply with the requirements of Implementing Regulation (EU) 2020/1191, may move within the Union accompanied by a plant passport attesting compliance with those requirements.
3. The lots of specified seeds moved for the first time within the Union since 1 April 2021, and which have been tested before 30 September 2020 with the enzyme-linked immunosorbent assay (ELISA) method, shall be tested again with a testing method, other than ELISA, as referred to in point 3 of the Annex.
4. Sampling and testing shall be carried out as set out in the Annex.
5. The conditions laid down in paragraphs 1 and 2 for issuance of a plant passport shall not apply to specified seeds of varieties which are known to be resistant to the specified pest. Members States shall notify to the Commission and to the other Members States a list of those resistant varieties, regularly updated.
Article 9
Ιntroduction into the Union of the specified plants for planting
1. Specified plants for planting, other than the ones belonging to varieties which are known to be resistant to the specified pest, originating from third countries may only be introduced into the Union if they are accompanied by a phytosanitary certificate which, under the heading ‘Additional declaration’, includes the following elements:
|
(a) |
an official statement that the specified plants for planting derive from seeds which comply with the requirements laid down in Article 10; |
|
(b) |
an official statement that the specified plants for planting have been produced in a production site which is registered and supervised by the national plant protection organisation in the country of origin and known to be free from the specified pest on the basis of official inspections, sampling and testing carried out at the appropriate time to detect that pest; |
|
(c) |
the name of the registered production site. |
2. Specified plants for planting of varieties which are known to be resistant to the specified pest, originating from third countries, may only be introduced into the Union if they are accompanied by a phytosanitary certificate, which, under the heading ‘Additional Declaration’, confirms that resistance.
Article 10
Introduction into the Union of the specified seeds
1. Specified seeds originating from third countries, other than the ones belonging to varieties which are known to be resistant to the specified pest, may only be introduced into the Union if they are accompanied by a phytosanitary certificate, which, under the heading ‘Additional Declaration’, contains all of the following:
|
(a) |
an official statement that all of the following conditions have been fulfilled:
|
|
(b) |
information ensuring the traceability of the production site of the mother plants. |
2. Specified seeds of varieties which are known to be resistant to the specified pest, originating from third countries, may only be introduced into the Union if they are accompanied by a phytosanitary certificate, which, under the heading ‘Additional Declaration’ confirms that resistance.
3. By way of derogation from paragraph 1, point (a), specified seeds that have been harvested prior to 31 August 2023 and before their introduction within the Union have been found to comply with the requirements of Implementing Regulation (EU) 2020/1191, may be introduced into the Union territory accompanied by a phytosanitary certificate indicating under the heading ‘Additional Declaration’, the following statement: ‘These seeds have been harvested before 31 August 2023 and have been found to comply with Regulation (EU) 2020/1191’.
Article 11
Official checks on introduction into the Union
At least 20 % of the consignments of specified seeds and of specified plants for planting shall be sampled and tested by the competent authority at the border control posts of first arrival into the Union, or at a control point as referred to in Article 2 of Delegated Regulation (EU) 2019/2123, as set out in the Annex to this Regulation.
For consignments of specified seeds and specified plants for planting originating in Israel and China, that sampling and testing rate shall be 50 % and 100 %, respectively.
Article 12
Amendment of Implementing Regulation (EU) 2020/1191
In Article 12 of Implementing Regulation (EU) 2020/1191, the date ‘31 May 2023’ is replaced by ‘31 August 2023’.
Article 13
Entry into force and date of 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 from 1 September 2023 until 31 December 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 317, 23.11.2016, p. 4.
(3) Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (OJ L 319, 10.12.2019, p. 1).
(4) Commission Implementing Regulation (EU) 2020/1191 of 11 August 2020 establishing measures to prevent the introduction into and the spread within the Union of Tomato brown rugose fruit virus (ToBRFV) and repealing Implementing Decision (EU) 2019/1615 (OJ L 262, 12.8.2020, p. 6).
(5) Commission Delegated Regulation (EU) 2019/2123 of 10 October 2019 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards rules for the cases where and the conditions under which identity checks and physical checks on certain goods may be performed at control points and documentary checks may be performed at distance from border control posts (OJ L 321, 12.12.2019, p. 64).
ANNEX
1. Sampling schemes of specified seeds, other than those of varieties which are known to be resistant to the specified pest
Sampling of seeds for testing shall be carried out under the following sampling schemes depending on the seed lots as referred to in the relevant tables of the International Standards for Phytosanitary Measures No 31 Methodologies for sampling of consignments (ISPM31):
|
a) |
for a seed lot originating from less than or equal to 30 mother plants:
|
|
b) |
for a seed lot less than or equal to 3 000 seeds: application of a hypergeometric sampling scheme able to identify with 95 % reliability a level of presence of infected plants of 10 % or above; |
|
c) |
for a seed lot of more than 3 000 but less than or equal to 30 000 seeds: application of a sampling scheme able to identify with 95 % reliability a level of presence of infected plants of 1 % or above; |
|
d) |
for a seed lot of more than 30 000 seeds: application of a sampling scheme able to identify with 95 % reliability a level of presence of infected plants of 0,1 % or above. |
Sub samples shall consist of 1 000 seeds maximum for Polymerase Chain Reaction (PCR) methods.
2. Sampling schemes of specified plants, other than those varieties which are known to be resistant to the specified pest
|
a) |
In the case of those specified plants, at least one sample of up to 200 young leaves from the top of the plant, or sepals from fruits, shall be collected per site of production and per cultivar when applicable. |
|
b) |
In the case of symptomatic plants, sampling for testing shall be performed on at least 3 symptomatic leaves. |
|
c) |
In case of testing of mother plants, young leaves from the top of plant, or sepals from fruits, shall be collected as appropriate. |
3. Testing methods for detecting and identifying the specified pest on seeds, other than those of varieties which are known to be resistant to the specified pest
One of the following testing methods shall be used for the detection of the specified pest on the specified seeds:
|
— |
real-time RT-PCR using the primers and probes described in the ISF protocol (2020) (1); |
|
— |
real-time RT-PCR using primers and probe of Menzel and Winter (2021) (2); |
|
— |
real-time RT-PCR using primers and probe from Bernabé-Orts et al. (2021) (3). |
In case of a positive result of the detection test, a second testing method, different from the one used for detection, shall be carried out with one of the real-time RT-PCR methods listed above, using the same sample to confirm the identification. In the case of inconsistency between detection and identification results obtained for coated seeds, the coating of the seeds shall be removed and the seeds shall be retested, if applicable.
4. Testing methods for detecting and identifying the specified pest on the specified plants, other than those of varieties which are known to be resistant to the specified pest, and on the specified fruits
One of the following testing methods shall be carried out for the detection of the specified pest on the specified plants, other than those varieties which are known to be resistant to the specified pest, and on the specified fruits:
|
— |
ELISA, only for symptomatic material; |
|
— |
conventional RT-PCR using the primers of Alkowni et al. (2019) (4); |
|
— |
conventional RT-PCR using the primers of Rodriguez-Mendoza et al. (2019) (5); |
|
— |
real-time RT-PCR using the primers and probes described in the ISF protocol (2020) (1); |
|
— |
real-time RT-PCR using primers and probe of Menzel and Winter (2021) (2); |
|
— |
real-time RT-PCR using primers and probe from Bernabé-Orts et al. (2021) (3). |
In case of a positive result of the detection test, a second testing method, different from the one used for detection, shall be carried out with one of the RT-PCR methods listed above, using the same sample to confirm the identification.
(1) ISF (2020) Detection of Infectious Tomato brown rugose fruit virus (ToBRFV) in Tomato and Pepper Seed. https://worldseed.org/our-work/seed-health/ishi-methods/, version1.5, upload 29/03/2023.
(2) Menzel, W. & Winter, S. (2021). Identification of novel and known tobamoviruses in tomato and other solanaceous crops using a new pair of generic primers and development of a specific RT- qPCR for ToBRFV. Acta Horticulturae 1316, pp. 143 -148.
(3) Bernabé-Orts, J.M., Torre, C., Méndez-López, E., Hernando, Y., Aranda, M.A. (2021) New Resources for the Specific and Sensitive Detection of the Emerging Tomato Brown Rugose Fruit Virus. Viruses 13, 1680.
(4) Alkowni, R, Alabdallah, O., Fadda, Z. (2019) Molecular identification of tomato brown rugose fruit virus in tomato in Palestine. Journal of Plant Pathology 101(3), 719–723.
(5) Rodríguez-Mendoza, J., Garcia-Avila, C.J., López-Buenfil, J.A., Araujo- Ruiz, K., Quezada, A., Cambrón-Crisantos, J.M., Ochoa-Martínez, D.L. (2019) Identification of Tomato brown rugose fruit virus by RT-PCR from a coding region or replicase. Mexican Journal of Phytopathology 37(2), 346–356.
|
26.5.2023 |
EN |
Official Journal of the European Union |
L 139/44 |
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1033
of 25 May 2023
amending Implementing Regulation (EU) 2020/1080 imposing a definitive anti-dumping duty on imports of solar glass originating in the People’s Republic of China and Implementing Regulation (EU) 2020/1081 imposing definitive countervailing duties on imports of solar glass originating in the People’s Republic of China
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 14(1) thereof, and to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2) and in particular to Article 24(1) thereof,
Having regard to Commission Implementing Regulation (EU) 2020/1080 of 22 July 2020 imposing a definitive anti-dumping duty on imports of solar glass originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (3)
Having regard to Commission Implementing Regulation (EU) 2020/1081 of 22 July 2020 imposing definitive countervailing duties on imports of solar glass originating in the People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council (4),
Whereas:
1. MEASURES IN FORCE
1.1. Anti-dumping duty
|
(1) |
By Implementing Regulation (EU) No 470/2014 (5) (‘the original anti-dumping regulation’), the Commission imposed a definitive anti-dumping duty on imports of solar glass originating in the People’s Republic of China. |
|
(2) |
By Implementing Regulation (EU) 2015/1394 (6), following an absorption reinvestigation pursuant to Article 12 of Council Regulation (EC) No 1225/2009 (7), the Commission amended the level of the anti-dumping duty imposed by the original anti-dumping regulation. |
|
(3) |
By Implementing Regulation (EU) 2020/1080 (8), the Commission prolonged, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036, the definitive anti-dumping duty for another five years (‘the measures in force’). The measures in force range between 17,5 % and 75,4 %. |
1.2. Countervailing duties
|
(4) |
By Implementing Regulation (EU) No 471/2014 (9) (‘the original anti-subsidy regulation’), the Commission imposed definitive countervailing duties on imports of solar glass originating in the People’s Republic of China. |
|
(5) |
By Implementing Regulation (EU) 2020/1081 (10), the Commission prolonged, following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037, the definitive countervailing duties for another five years (‘the measures in force’). The measures in force range between 3,2 % and 17,1 %. |
1.3. Product subject to measures
|
(6) |
The product subject to the antidumping and countervailing measures is defined as solar glass consisting of tempered soda-lime-flat-glass, with an iron content of less than 300 ppm, a solar transmittance of more than 88 % (measured according to AM1,5 300–2 500 nm), a resistance to heat up to 250 °C (measured according to EN 12150), a resistance to thermal shocks of Δ 150K (measured according to EN 12150) and having a mechanical strength of 90 N/mm2 or more (measured according to EN 1288- 3), currently falling under CN code ex 7007 19 80 (TARIC codes 7007198012, 7007198018, 7007198080 and 7007198085) and originating in the People’s Republic of China (commonly referred to as ‘solar glass’). |
|
(7) |
The product subject to measures is most commonly used as one of the components for making crystalline silicon photovoltaic modules and thin film photovoltaic modules to produce electricity (‘PV modules’), and flat photothermal energy collectors used, for example, in generating hot water (‘photothermal modules’). |
|
(8) |
However, the product subject to the measures is defined by reference to its physical and technical characteristics, and not by any specific use. Any exclusion by reason of the final use could lead to circumvention of the measures. Therefore, all glass having the physical and technical characteristics mentioned in recital (6) is covered by the measures, irrespective of its use. The fact that it covered glass used to other purposes, such as build greenhouses and for furniture, was clarified in the original anti-dumping and countervailing regulations (11). |
2. CLARIFICATION ON THE PRODUCT SUBJECT TO THE MEASURES
|
(9) |
According to standard legislative practice confirmed by the case law of the European Court of Justice, recitals to Union law are means of interpretation. The interpretation of Union law seeks clarity in light of its objectively expressed purpose. It has to give effect to the aim and spirit of the legislation, taking into account its context and general objectives. Since the Commission has been informed that Member State authorities have had difficulties in interpreting the product scope of the original anti-dumping and anti-subsidy regulation, it hereby seeks further clarity in the matter. |
|
(10) |
Thus, in order to ensure uniform implementation of the measures in force, the Commission found it appropriate to amend the operative part of Implementing Regulation (EU) 2020/1080 and Implementing Regulation (EU) 2020/1081 to include explicitly a clarification of the product subject to the measures since their original adoption. |
|
(11) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036. |
HAS ADOPTED THIS REGULATION:
Article 1
Article 1(1) of Implementing Regulation (EU) 2020/1080 is replaced by the following text:
‘A definitive anti-dumping duty is imposed on imports of solar glass consisting of tempered soda-lime-flat-glass, with an iron content of less than 300 ppm, a solar transmittance of more than 88 % (measured according to AM1,5 300–2 500 nm), a resistance to heat up to 250 °C (measured according to EN 12150), a resistance to thermal shocks of Δ 150K (measured according to EN 12150) and having a mechanical strength of 90 N/mm2 or more (measured according to EN 1288- 3), currently falling under CN code ex 7007 19 80 (TARIC codes 7007198012, 7007198018, 7007198080 and 7007198085) and originating in the People’s Republic of China. The solar glass subject to anti-dumping duty includes all glass fulfilling the abovementioned technical and physical characteristics, whether it is used for photovoltaic modules, flat photothermal energy collectors, furniture, to build greenhouses, or for other uses’.
Article 2
Article 1(1) of Implementing Regulation (EU) (EU) 2020/1081 is replaced by the following text:
‘A definitive countervailing duty is imposed on imports of solar glass consisting of tempered soda-lime-flat-glass, with an iron content of less than 300 ppm, a solar transmittance of more than 88 % (measured according to AM1,5 300–2 500 nm), a resistance to heat up to 250 °C (measured according to EN 12150), a resistance to thermal shocks of Δ 150K (measured according to EN 12150) and having a mechanical strength of 90 N/mm2 or more (measured according to EN 1288- 3), currently falling under CN code ex 7007 19 80 (TARIC codes 7007198012, 7007198018, 7007198080 and 7007198085) and originating in the People’s Republic of China. The solar glass subject to countervailing duty includes all glass fulfilling the abovementioned technical and physical characteristics, whether it is used for photovoltaic modules, flat photothermal energy collectors, furniture, to build greenhouses, or for other uses’.
Article 3
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, 25 May 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 176, 30.6.2016, p. 21.
(2) OJ L 176, 30.6.2016, p. 55.
(3) OJ L 238, 23.7.2020, p. 1.
(4) OJ L 238, 23.7.2020, p. 43.
(5) Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China (OJ L 142, 14.5.2014, p. 1).
(6) Commission Implementing Regulation (EU) 2015/1394 of 13 August 2015 amending Regulation (EU) No 470/2014, as amended by Regulation (EU) 2015/588, imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China following an absorption reinvestigation pursuant to Article 12 of Council Regulation (EC) No 1225/2009 (OJ L 215, 14.8.2015, p. 42).
(7) Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51).
(8) Commission Implementing Regulation (EU) 2020/1080 of 22 July 2020 imposing a definitive anti-dumping duty on imports of solar glass originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ L 238, 23.7.2020, p. 1).
(9) Commission Implementing Regulation (EU) No 471/2014 of 13 May 2014 imposing definitive countervailing duties on imports of solar glass originating in the People’s Republic of China (OJ L 142, 14.5.2014, p. 23).
(10) Commission Implementing Regulation (EU) 2020/1081 of 22 July 2020 imposing definitive countervailing duties on imports of solar glass originating in the People’s Republic of China following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ L 238, 23.7.2020, p. 43).
(11) Section B.2 of the original anti-dumping regulation and Section B.3 of the original anti-subsidy regulation.
DECISIONS
|
26.5.2023 |
EN |
Official Journal of the European Union |
L 139/47 |
COUNCIL DECISION (EU) 2023/1034
of 22 May 2023
on the submission, on behalf of the European Union, of a proposal to amend Appendix I to the Convention on the Conservation of Migratory Species of Wild Animals with a view to the fourteenth meeting of the Conference of the Parties
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The Convention on the Conservation of Migratory Species of Wild Animals (1) (the ‘Convention’) was concluded by the Union by Council Decision 82/461/EEC (2) and entered into force on 1 November 1983. |
|
(2) |
Pursuant to Article XI of the Convention, the Conference of the Parties to the Convention (the ‘Conference of the Parties’) is able to adopt amendments to Appendices I and II to the Convention. |
|
(3) |
The Conference of the Parties, during its fourteenth meeting from 23 to 28 October 2023, may adopt such amendments. The Secretariat of the Convention has informed the Parties to the Convention that any proposals for amendment are to be communicated, in accordance with Article XI(3) of the Convention, by 26 May 2023. The Union may, as a Party to the Convention, make such proposals. |
|
(4) |
The inclusion of the Baltic Proper harbour porpoise, Phocoena phocoena (only the Baltic Proper population), in Appendix I to the Convention would be scientifically sound on account of its Critically Endangered conservation status, and in line with Union legislation and with the Union’s commitment to international cooperation for the protection of biodiversity. |
|
(5) |
The Union should therefore submit such proposal to amend Appendix I to the Convention. The Commission should communicate the proposal to the Secretariat of the Convention, |
HAS ADOPTED THIS DECISION:
Article 1
1. With a view to the fourteenth meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals, the Union shall submit a proposal for an amendment to Appendix I to the Convention to include the Baltic Proper harbour porpoise, Phocoena phocoena (only the Baltic Proper population).
2. The Commission, on behalf of the Union, shall communicate the proposal referred to in paragraph 1 to the Secretariat of the Convention.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 22 May 2023.
For the Council
The President
E. BUSCH
(1) OJ L 210, 19.7.1982, p. 11.
(2) Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, p. 10).
|
26.5.2023 |
EN |
Official Journal of the European Union |
L 139/49 |
COUNCIL DECISION (CFSP) 2023/1035
of 25 May 2023
amending Decision 2013/255/CFSP concerning restrictive measures in view of the situation in Syria
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 31 May 2013, the Council adopted Decision 2013/255/CFSP (1). |
|
(2) |
On 30 May 2022, the Council adopted Decision (CFSP) 2022/849 (2) extending the restrictive measures set out in Decision 2013/255/CFSP until 1 June 2023. |
|
(3) |
On the basis of a review of Decision 2013/255/CFSP, the restrictive measures set out therein should be extended until 1 June 2024. |
|
(4) |
The entries for two deceased individuals should be deleted from the list of natural and legal persons, entities or bodies set out in Annex I to Decision 2013/255/CFSP. The entries for 19 natural persons in that list should be updated and amended. |
|
(5) |
Decision 2013/255/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2013/255/CFSP is amended as follows:
|
(1) |
Article 34 is replaced by the following: ‘Article 34 This Decision shall apply until 1 June 2024. It shall be kept under constant review. It may be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’ |
|
(2) |
Annex I is amended in accordance with the Annex to this Decision. |
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 25 May 2023.
For the Council
The President
J. FORSSELL
(1) Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures in view of the situation in Syria (OJ L 147, 1.6.2013, p. 14).
(2) Council Decision (CFSP) 2022/849 of 30 May 2022 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ L 148, 31.5.2022, p. 52).
ANNEX
Annex I to Decision 2013/255/CFSP is amended as follows:
|
(1) |
in section ‘A. Persons’, the following two entries are deleted:
|
|
(2) |
in section ‘A. Persons’, entries 5, 8, 12, 50, 51, 74, 107, 119, 120, 121, 192, 271, 284, 285, 290, 291, 324, 325, and 326 are replaced by the following:
|
|
26.5.2023 |
EN |
Official Journal of the European Union |
L 139/57 |
COMMISSION IMPLEMENTING DECISION (EU) 2023/1036
of 24 May 2023
on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for financial year 2022
(notified under document C(2023) 3271)
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 104 thereof,
Having regard to 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 (2), and in particular Article 51 thereof,
After consulting the Committee on the Agricultural Funds,
Whereas:
|
(1) |
Article 104(1), second subparagraph, point (a), of Regulation (EU) 2021/2116 provides that Article 4(1), point (b), Article 5, Article 7(3), Articles 9, 17, 21 and 34, Article 35(4), Articles 36, 37, 38, 40 to 43, 51, 52, 54, 56, 59, 63, 64, 67, 68, 70 to 75, 77, 91 to 97, 99 and 100, Article 102(2) and Articles 110 and 111 of Regulation (EU) No 1306/2013 continue to apply, as regards the European Agricultural Fund for Rural Development (EAFRD), in relation to expenditure incurred by the beneficiaries and payments made by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 of the European Parliament and of the Council (3) for financial year 2022. |
|
(2) |
Article 64, second paragraph, point (a), of Commission Implementing Regulation (EU) 2022/128 (4) provides that Article 2, Article 3(1), first subparagraph, Article 3(2), Article 4(1), point (b), Article 5, Article 6, Article 7, Articles 21 to 25, Article 27, Article 28, Article 29, Article 30(1), points (a), (b) and (c), Article 30(2), (3) and (4), Articles 31 to 40 and Articles 42 to 47 of Commission Implementing Regulation (EU) No 908/2014 (5) continue to apply, as regards the EAFRD, in relation to expenditure incurred by the beneficiaries and payments made by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 for financial year 2022. |
|
(3) |
Article 64, second paragraph, point (c), of Implementing Regulation (EU) 2022/128 provides that Annexes II and III to Implementing Regulation (EU) No 908/2014 continue to apply for the purposes of Article 32, points (f) and (g), of Implementing Regulation (EU) 2022/128 for financial year 2022. |
|
(4) |
Article 40, second paragraph, of Commission Delegated Regulation (EU) 2022/127 (6) provides that Article 5, Article 5a, Article 7(3) and (4), Article 10, Article 11(1), second subparagraph, Article 11(2), Article 12, Article 13 and Article 41(5) of Commission Delegated Regulation (EU) No 907/2014 (7) continue to apply as regards the EAFRD in relation to expenditure incurred by the beneficiaries and payments effected by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 for financial year 2022. |
|
(5) |
Pursuant to Article 51 of Regulation (EU) No 1306/2013, the Commission, on the basis of the annual accounts submitted by the Member States, accompanied by the information required for the clearance of accounts and an audit opinion regarding the completeness, accuracy and veracity of the accounts and the reports established by the certification bodies, has to clear the accounts of the paying agencies referred to in Article 7 of that Regulation prior to 31 May of the year following the budget year in question. |
|
(6) |
In accordance with Article 35 of Regulation (EU) 2021/2116, the agricultural financial year begins on 16 October of year N-1 and ends on 15 October of year N. When clearing the accounts for financial year 2022, for the purpose of aligning the reference period for the EAFRD expenditure with that of the European Agricultural Guarantee Fund (EAGF), account should be taken of expenditure incurred by the Member States between 16 October 2021 and 15 October 2022, as provided for in Article 11(1) of Implementing Regulation (EU) 2022/128. |
|
(7) |
Article 33(2), second subparagraph, of Implementing Regulation (EU) No 908/2014 provides that the amounts that are recoverable from, or payable to, each Member State, in accordance with the accounts clearance decision referred to in Article 33(1) of that Regulation, are to be established by deducting the intermediate payments for the financial year concerned from the expenditure recognised for that year in accordance with Article 33(1). The Commission is to deduct that amount from or add it to the next intermediate payment. |
|
(8) |
The Commission has checked the information submitted by the Member States and has communicated the results of its checks to the Member States, together with the amendments it proposes. |
|
(9) |
For all paying agencies, the annual accounts and the accompanying documents permit the Commission to take a decision on the completeness, accuracy and veracity of the annual accounts submitted. |
|
(10) |
In accordance with Article 83 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (8), the deadline for interim payments referred to in Article 36(5) of Regulation (EU) No 1306/2013 may be interrupted for a maximum period of 6 months in order to carry out additional verifications following information that these payments are linked to an irregularity having serious financial consequences. In adopting this Decision, the Commission should take into account the amounts affected by such interruption in order to avoid making any inappropriate or untimely payments. |
|
(11) |
Pursuant to Article 41 of Regulation (EU) No 1306/2013, the Commission has already reduced or suspended a number of intermediate payments for financial year 2022 due to expenditure not effected in accordance with Union rules. In this Decision, the Commission should take into account such amounts reduced or suspended on the basis of Article 41 of that Regulation, in order to avoid making any undue, or untimely, payments or reimbursements that could later be subject to financial correction. |
|
(12) |
Article 36(3), first subparagraph, point (b), of Regulation (EU) No 1306/2013 provides that intermediate payments are to be made without overrun of the total programmed EAFRD contribution. Pursuant to Article 23(2) of Implementing Regulation (EU) No 908/2014, where the combined total of declarations of expenditure exceeds the total programmed contribution for a rural development programme, the amount to be paid has to be capped at the programmed amount, without prejudice to the ceiling provided for in Article 34(2) of Regulation (EU) No 1306/2013. The capped amount will be subject to a later reimbursement by the Commission following the adoption of the amended financial plan or at the closure of the programming period. |
|
(13) |
In accordance with Article 75(1), fourth subparagraph, of Regulation (EU) No 1306/2013, the rules on payment deadlines for measures under rural development in the context of the integrated administration and control system apply from claim year 2019. The reductions for non-compliance with the latest payment deadlines, calculated in conformity with Article 5a of Delegated Regulation (EU) No 907/2014, follow the procedure laid down in Articles 40 and 41 of Regulation (EU) No 1306/2013 and are to be taken into account in this Decision for financial year 2022. Those reductions may be examined, where appropriate, under conformity clearance proceedings pursuant to Article 52 of Regulation (EU) No 1306/2013. |
|
(14) |
This Decision should also take into account the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013. |
|
(15) |
Pursuant to Article 34(2) of Regulation (EU) No 1306/2013, the combined total of prefinancing and interim payments are not to exceed 95 % of the EAFRD’s contribution to each rural development programme. The following programme has reached this threshold: 2014LU06RDNP001. The outstanding balance of this programme will be settled at the closure of the programming period. |
|
(16) |
Pursuant to Article 54(2) of Regulation (EU) No 1306/2013, 50 % of the financial consequences of non-recovery of irregularities should be borne by the Member State concerned, if recovery has not taken place within 4 years from the date of the recovery request, or within 8 years where the recovery is taken before the national courts. Article 54(4) of Regulation (EU) No 1306/2013 requires Member States to attach to the annual accounts that they have to submit to the Commission, pursuant to Article 29 of Implementing Regulation (EU) No 908/2014, a certified table reflecting the amounts to be borne by them under Article 54(2) of Regulation (EU) No 1306/2013. Rules on the application of the Member States’ obligation to report the amounts to be recovered are laid down in Implementing Regulation (EU) No 908/2014. Annex II to Implementing Regulation (EU) No 908/2014 sets out the model of the table that Member States have to use to provide information about amounts to be recovered. On the basis of the tables completed by the Member States, the Commission should decide on the financial consequences of non-recovery of irregularities older than 4 or 8 years respectively. |
|
(17) |
Pursuant to Article 54(3) of Regulation (EU) No 1306/2013, on duly justified grounds, Member States may decide not to pursue recovery. Such a decision may be taken only if the costs already, and likely to be, incurred total more than the amount to be recovered, or if the recovery proves impossible owing to the insolvency recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. If the decision has been taken within 4 years from the date of recovery request, or within 8 years where the recovery is taken before the national courts, 100 % of the financial consequences of the non-recovery should be borne by the Union budget. The amounts for which a particular Member State decided not to pursue recovery and the grounds for its decision are shown in the summary report referred to in Article 54(4) of that Regulation. Therefore, such amounts should not be charged to the Member States concerned and are consequently to be borne by the Union budget. |
|
(18) |
This Decision should also take into account the amounts that are still to be charged to the Member States as a result of the application of Article 54(2) of Regulation (EU) No 1306/2013 in relation to the 2007-2013 programming period for the EAFRD. |
|
(19) |
In accordance with Article 51 of Regulation (EU) No 1306/2013, this Decision should be without prejudice to the decisions the Commission may take subsequently to exclude from Union financing expenditure not effected in accordance with Union rules, |
HAS ADOPTED THIS DECISION:
Article 1
The accounts of the Member States’ paying agencies are hereby cleared as regards expenditure financed by the European Agricultural Fund for Rural Development (EAFRD), taking also into account the additional resources referred to in Article 58a of Regulation (EU) No 1305/2013, in respect of financial year 2022 and relating to the 2014-2020 programming period.
The amounts recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, are set out in Annex I to this Decision.
Article 2
The amounts to be charged to the Member States, as a result of the application of Article 54(2) of Regulation (EU) No 1306/2013 relating to the 2014-2020 programming period and to the 2007-2013 programming period for the EAFRD, are set out in Annex II to this Decision.
Article 3
The reductions for non-compliance with the latest payment deadlines in accordance with Article 75(1) of Regulation (EU) No 1306/2013 under each rural development programme are set out in Annex III to this Decision.
Article 4
This Decision is without prejudice to future conformity clearance decisions that the Commission may take pursuant to Article 52 of Regulation (EU) No 1306/2013 to exclude from Union financing expenditure not effected in accordance with Union rules.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 24 May 2023.
For the Commission
Janusz WOJCIECHOWSKI
Member of the Commission
(1) OJ L 435, 6.12.2021, p. 187.
(2) OJ L 347, 20.12.2013, p. 549.
(3) 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).
(4) Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance of accounts, checks, securities and transparency (OJ L 20, 31.1.2022, p. 131).
(5) 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, p. 59).
(6) Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95).
(7) 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, p. 18).
(8) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
ANNEX I
Cleared EAFRD expenditure by Rural Development programme for financial year 2022
Amount to be recovered from or paid to the Member State per programme
Approved programmes with declared expenditure for EAFRD 2014-2020
|
In Euro In Euro |
|||||||||
|
MS |
CCI |
Expenditure 2022 |
Corrections |
Total |
Non-reusable amounts |
Accepted amount cleared for FY 2022 |
Interim payments reimbursed to the Member State for the financial year including clearing of pre-financing (*1) |
Amount to be recovered from (-) or paid to (+) the Member State |
Balance to be settled at closure of programming period due to 95% threshold reached (*2) |
|
|
|
i |
ii |
iii = i + ii |
iv |
v = iii - iv |
vi |
vii = v - vi |
|
|
AT |
2014AT06RDNP001 |
613 162 817,18 |
13 560 848,02 |
626 723 665,20 |
0,00 |
626 723 665,20 |
626 723 665,20 |
0,00 |
0,00 |
|
BE |
2014BE06RDRP001 |
65 269 470,06 |
0,00 |
65 269 470,06 |
0,00 |
65 269 470,06 |
65 269 468,50 |
1,56 |
0,00 |
|
BE |
2014BE06RDRP002 |
39 806 703,64 |
0,00 |
39 806 703,64 |
0,00 |
39 806 703,64 |
39 615 025,65 |
191 677,99 |
0,00 |
|
BG |
2014BG06RDNP001 |
230 084 002,69 |
0,00 |
230 084 002,69 |
0,00 |
230 084 002,69 |
230 490 011,83 |
- 406 009,14 |
0,00 |
|
CY |
2014CY06RDNP001 |
20 797 600,04 |
0,00 |
20 797 600,04 |
0,00 |
20 797 600,04 |
20 797 600,04 |
0,00 |
0,00 |
|
CZ |
2014CZ06RDNP001 |
370 873 169,24 |
30 606,96 |
370 903 776,20 |
0,00 |
370 903 776,20 |
370 904 485,32 |
- 709,12 |
0,00 |
|
DE |
2014DE06RDRN001 |
1 068 753,47 |
0,00 |
1 068 753,47 |
0,00 |
1 068 753,47 |
1 068 753,47 |
0,00 |
0,00 |
|
DE |
2014DE06RDRP003 |
121 470 055,13 |
0,00 |
121 470 055,13 |
0,00 |
121 470 055,13 |
121 470 016,15 |
38,98 |
0,00 |
|
DE |
2014DE06RDRP004 |
269 473 265,88 |
0,00 |
269 473 265,88 |
0,00 |
269 473 265,88 |
269 473 265,88 |
0,00 |
0,00 |
|
DE |
2014DE06RDRP007 |
162 347 015,66 |
0,00 |
162 347 015,66 |
0,00 |
162 347 015,66 |
162 347 032,89 |
-17,23 |
0,00 |
|
DE |
2014DE06RDRP010 |
66 188 555,75 |
0,00 |
66 188 555,75 |
0,00 |
66 188 555,75 |
66 188 480,75 |
75,00 |
0,00 |
|
DE |
2014DE06RDRP011 |
147 034 739,85 |
0,00 |
147 034 739,85 |
0,00 |
147 034 739,85 |
147 034 739,85 |
0,00 |
0,00 |
|
DE |
2014DE06RDRP012 |
188 042 670,77 |
0,00 |
188 042 670,77 |
0,00 |
188 042 670,77 |
188 042 670,77 |
0,00 |
0,00 |
|
DE |
2014DE06RDRP015 |
104 956 226,35 |
0,00 |
104 956 226,35 |
0,00 |
104 956 226,35 |
104 947 932,11 |
8 294,24 |
0,00 |
|
DE |
2014DE06RDRP017 |
52 964 730,89 |
0,00 |
52 964 730,89 |
0,00 |
52 964 730,89 |
53 007 162,82 |
-42 431,93 |
0,00 |
|
DE |
2014DE06RDRP018 |
6 035 848,20 |
0,00 |
6 035 848,20 |
0,00 |
6 035 848,20 |
6 035 848,20 |
0,00 |
0,00 |
|
DE |
2014DE06RDRP019 |
156 242 543,88 |
0,00 |
156 242 543,88 |
0,00 |
156 242 543,88 |
156 242 629,85 |
-85,97 |
0,00 |
|
DE |
2014DE06RDRP020 |
143 168 213,61 |
0,00 |
143 168 213,61 |
0,00 |
143 168 213,61 |
143 168 213,61 |
0,00 |
0,00 |
|
DE |
2014DE06RDRP021 |
62 540 361,99 |
0,00 |
62 540 361,99 |
0,00 |
62 540 361,99 |
62 540 362,30 |
-0,31 |
0,00 |
|
DE |
2014DE06RDRP023 |
93 754 625,77 |
0,00 |
93 754 625,77 |
0,00 |
93 754 625,77 |
93 754 625,77 |
0,00 |
0,00 |
|
DK |
2014DK06RDNP001 |
99 938 832,41 |
0,00 |
99 938 832,41 |
0,00 |
99 938 832,41 |
99 938 832,41 |
0,00 |
0,00 |
|
EE |
2014EE06RDNP001 |
99 822 865,70 |
0,00 |
99 822 865,70 |
0,00 |
99 822 865,70 |
99 848 909,30 |
-26 043,60 |
0,00 |
|
ES |
2014ES06RDNP001 |
37 474 545,05 |
0,00 |
37 474 545,05 |
0,00 |
37 474 545,05 |
37 474 545,05 |
0,00 |
0,00 |
|
ES |
2014ES06RDRP001 |
323 085 277,00 |
0,00 |
323 085 277,00 |
0,00 |
323 085 277,00 |
323 085 454,23 |
- 177,23 |
0,00 |
|
ES |
2014ES06RDRP002 |
69 554 829,07 |
0,00 |
69 554 829,07 |
0,00 |
69 554 829,07 |
69 554 837,10 |
-8,03 |
0,00 |
|
ES |
2014ES06RDRP003 |
52 695 158,52 |
0,00 |
52 695 158,52 |
0,00 |
52 695 158,52 |
52 695 939,40 |
- 780,88 |
0,00 |
|
ES |
2014ES06RDRP004 |
8 372 890,56 |
0,00 |
8 372 890,56 |
0,00 |
8 372 890,56 |
8 372 885,93 |
4,63 |
0,00 |
|
ES |
2014ES06RDRP005 |
28 736 274,39 |
0,00 |
28 736 274,39 |
0,00 |
28 736 274,39 |
28 736 274,39 |
0,00 |
0,00 |
|
ES |
2014ES06RDRP006 |
9 814 368,21 |
0,00 |
9 814 368,21 |
0,00 |
9 814 368,21 |
9 815 637,86 |
-1 269,65 |
0,00 |
|
ES |
2014ES06RDRP007 |
174 475 234,07 |
0,00 |
174 475 234,07 |
0,00 |
174 475 234,07 |
174 448 614,62 |
26 619,45 |
0,00 |
|
ES |
2014ES06RDRP008 |
200 215 739,68 |
0,00 |
200 215 739,68 |
0,00 |
200 215 739,68 |
200 207 496,78 |
8 242,90 |
0,00 |
|
ES |
2014ES06RDRP009 |
43 658 610,38 |
0,00 |
43 658 610,38 |
0,00 |
43 658 610,38 |
43 660 702,72 |
-2 092,34 |
0,00 |
|
ES |
2014ES06RDRP010 |
125 384 056,12 |
0,00 |
125 384 056,12 |
0,00 |
125 384 056,12 |
125 384 052,67 |
3,45 |
0,00 |
|
ES |
2014ES06RDRP011 |
114 358 688,77 |
0,00 |
114 358 688,77 |
0,00 |
114 358 688,77 |
114 358 686,38 |
2,39 |
0,00 |
|
ES |
2014ES06RDRP012 |
11 620 285,95 |
-0,05 |
11 620 285,90 |
0,00 |
11 620 285,90 |
11 620 285,39 |
0,51 |
0,00 |
|
ES |
2014ES06RDRP013 |
33 257 807,68 |
0,00 |
33 257 807,68 |
0,00 |
33 257 807,68 |
33 257 806,10 |
1,58 |
0,00 |
|
ES |
2014ES06RDRP014 |
17 010 152,28 |
0,00 |
17 010 152,28 |
0,00 |
17 010 152,28 |
17 010 152,58 |
-0,30 |
0,00 |
|
ES |
2014ES06RDRP015 |
12 446 765,31 |
0,00 |
12 446 765,31 |
0,00 |
12 446 765,31 |
12 446 768,62 |
-3,31 |
0,00 |
|
ES |
2014ES06RDRP016 |
11 981 562,01 |
0,00 |
11 981 562,01 |
0,00 |
11 981 562,01 |
11 981 557,41 |
4,60 |
0,00 |
|
ES |
2014ES06RDRP017 |
33 631 561,01 |
0,00 |
33 631 561,01 |
0,00 |
33 631 561,01 |
33 648 902,07 |
-17 341,06 |
0,00 |
|
FI |
2014FI06RDRP001 |
460 958 253,23 |
0,00 |
460 958 253,23 |
0,00 |
460 958 253,23 |
460 962 648,99 |
-4 395,76 |
0,00 |
|
FI |
2014FI06RDRP002 |
3 184 657,38 |
0,00 |
3 184 657,38 |
0,00 |
3 184 657,38 |
3 184 657,38 |
0,00 |
0,00 |
|
FR |
2014FR06RDNP001 |
161 143 841,62 |
0,00 |
161 143 841,62 |
0,00 |
161 143 841,62 |
161 143 841,62 |
0,00 |
0,00 |
|
FR |
2014FR06RDRN001 |
3 533 496,34 |
0,00 |
3 533 496,34 |
0,00 |
3 533 496,34 |
3 533 496,34 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP001 |
26 143 033,22 |
0,00 |
26 143 033,22 |
0,00 |
26 143 033,22 |
26 143 033,23 |
-0,01 |
0,00 |
|
FR |
2014FR06RDRP002 |
14 353 759,78 |
0,00 |
14 353 759,78 |
0,00 |
14 353 759,78 |
14 353 759,78 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP003 |
18 024 611,16 |
0,00 |
18 024 611,16 |
0,00 |
18 024 611,16 |
18 024 611,16 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP004 |
54 627 051,07 |
0,00 |
54 627 051,07 |
0,00 |
54 627 051,07 |
54 627 051,08 |
-0,01 |
0,00 |
|
FR |
2014FR06RDRP006 |
15 242 232,90 |
0,00 |
15 242 232,90 |
0,00 |
15 242 232,90 |
15 242 232,91 |
-0,01 |
0,00 |
|
FR |
2014FR06RDRP011 |
8 651 031,10 |
0,00 |
8 651 031,10 |
0,00 |
8 651 031,10 |
8 651 031,10 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP021 |
39 930 844,87 |
0,00 |
39 930 844,87 |
0,00 |
39 930 844,87 |
39 930 844,89 |
-0,02 |
0,00 |
|
FR |
2014FR06RDRP022 |
26 898 740,91 |
0,00 |
26 898 740,91 |
0,00 |
26 898 740,91 |
26 898 740,90 |
0,01 |
0,00 |
|
FR |
2014FR06RDRP023 |
15 642 466,86 |
0,00 |
15 642 466,86 |
0,00 |
15 642 466,86 |
15 642 466,86 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP024 |
54 558 956,73 |
-35 659,55 |
54 523 297,18 |
0,00 |
54 523 297,18 |
54 523 297,19 |
-0,01 |
0,00 |
|
FR |
2014FR06RDRP025 |
59 807 868,25 |
0,00 |
59 807 868,25 |
0,00 |
59 807 868,25 |
59 807 868,24 |
0,01 |
0,00 |
|
FR |
2014FR06RDRP026 |
89 712 562,78 |
0,00 |
89 712 562,78 |
0,00 |
89 712 562,78 |
89 712 562,79 |
-0,01 |
0,00 |
|
FR |
2014FR06RDRP031 |
20 574 898,28 |
0,00 |
20 574 898,28 |
0,00 |
20 574 898,28 |
20 574 898,28 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP041 |
64 866 066,06 |
0,00 |
64 866 066,06 |
0,00 |
64 866 066,06 |
64 866 066,05 |
0,01 |
0,00 |
|
FR |
2014FR06RDRP042 |
20 605 477,15 |
0,00 |
20 605 477,15 |
0,00 |
20 605 477,15 |
20 605 477,15 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP043 |
67 967 773,86 |
0,00 |
67 967 773,86 |
0,00 |
67 967 773,86 |
67 967 773,84 |
0,02 |
0,00 |
|
FR |
2014FR06RDRP052 |
64 421 329,43 |
0,00 |
64 421 329,43 |
0,00 |
64 421 329,43 |
64 421 329,41 |
0,02 |
0,00 |
|
FR |
2014FR06RDRP053 |
61 448 370,88 |
0,00 |
61 448 370,88 |
0,00 |
61 448 370,88 |
61 448 370,88 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP054 |
64 150 752,64 |
0,00 |
64 150 752,64 |
0,00 |
64 150 752,64 |
64 150 752,62 |
0,02 |
0,00 |
|
FR |
2014FR06RDRP072 |
102 894 144,07 |
0,00 |
102 894 144,07 |
0,00 |
102 894 144,07 |
102 894 144,09 |
-0,02 |
0,00 |
|
FR |
2014FR06RDRP073 |
230 410 842,90 |
-1 748 371,30 |
228 662 471,60 |
0,00 |
228 662 471,60 |
228 662 471,54 |
0,06 |
0,00 |
|
FR |
2014FR06RDRP074 |
93 563 523,18 |
0,00 |
93 563 523,18 |
0,00 |
93 563 523,18 |
93 563 523,19 |
-0,01 |
0,00 |
|
FR |
2014FR06RDRP082 |
188 826 122,37 |
-1 495 494,94 |
187 330 627,43 |
0,00 |
187 330 627,43 |
187 330 627,43 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP083 |
197 338 673,08 |
-6 232 629,92 |
191 106 043,16 |
0,00 |
191 106 043,16 |
191 106 043,16 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP091 |
100 111 167,11 |
0,00 |
100 111 167,11 |
0,00 |
100 111 167,11 |
100 111 167,14 |
-0,03 |
0,00 |
|
FR |
2014FR06RDRP093 |
86 100 064,79 |
-2 340 634,22 |
83 759 430,57 |
0,00 |
83 759 430,57 |
83 759 430,57 |
0,00 |
0,00 |
|
FR |
2014FR06RDRP094 |
20 358 953,92 |
0,00 |
20 358 953,92 |
0,00 |
20 358 953,92 |
20 358 964,60 |
-10,68 |
0,00 |
|
EL |
2014GR06RDNP001 |
864 101 187,86 |
0,00 |
864 101 187,86 |
0,00 |
864 101 187,86 |
864 101 187,81 |
0,05 |
0,00 |
|
HR |
2014HR06RDNP001 |
375 269 952,96 |
0,00 |
375 269 952,96 |
0,00 |
375 269 952,96 |
375 316 677,18 |
-46 724,22 |
0,00 |
|
HU |
2014HU06RDNP001 |
650 508 247,74 |
1 491 088,92 |
651 999 336,66 |
0,00 |
651 999 336,66 |
651 999 347,97 |
-11,31 |
0,00 |
|
IE |
2014IE06RDNP001 |
371 824 358,33 |
0,00 |
371 824 358,33 |
0,00 |
371 824 358,33 |
371 824 358,30 |
0,03 |
0,00 |
|
IT |
2014IT06RDNP001 |
270 601 884,32 |
0,00 |
270 601 884,32 |
0,00 |
270 601 884,32 |
270 603 414,07 |
-1 529,75 |
0,00 |
|
IT |
2014IT06RDRN001 |
9 474 249,68 |
0,00 |
9 474 249,68 |
0,00 |
9 474 249,68 |
9 474 249,68 |
0,00 |
0,00 |
|
IT |
2014IT06RDRP001 |
42 925 515,11 |
0,00 |
42 925 515,11 |
0,00 |
42 925 515,11 |
43 013 445,12 |
-87 930,01 |
0,00 |
|
IT |
2014IT06RDRP002 |
25 181 744,08 |
0,00 |
25 181 744,08 |
0,00 |
25 181 744,08 |
25 181 742,10 |
1,98 |
0,00 |
|
IT |
2014IT06RDRP003 |
64 889 133,74 |
0,00 |
64 889 133,74 |
0,00 |
64 889 133,74 |
64 891 383,97 |
-2 250,23 |
0,00 |
|
IT |
2014IT06RDRP004 |
23 461 115,82 |
0,00 |
23 461 115,82 |
0,00 |
23 461 115,82 |
23 499 740,85 |
-38 625,03 |
0,00 |
|
IT |
2014IT06RDRP005 |
58 584 186,21 |
0,00 |
58 584 186,21 |
0,00 |
58 584 186,21 |
58 638 268,53 |
-54 082,32 |
0,00 |
|
IT |
2014IT06RDRP006 |
15 480 939,30 |
0,00 |
15 480 939,30 |
0,00 |
15 480 939,30 |
15 506 624,21 |
-25 684,91 |
0,00 |
|
IT |
2014IT06RDRP007 |
80 788 893,69 |
0,00 |
80 788 893,69 |
0,00 |
80 788 893,69 |
80 788 893,69 |
0,00 |
0,00 |
|
IT |
2014IT06RDRP008 |
44 687 240,96 |
0,00 |
44 687 240,96 |
0,00 |
44 687 240,96 |
44 710 399,78 |
-23 158,82 |
0,00 |
|
IT |
2014IT06RDRP009 |
64 472 596,62 |
0,00 |
64 472 596,62 |
0,00 |
64 472 596,62 |
64 472 595,22 |
1,40 |
0,00 |
|
IT |
2014IT06RDRP010 |
63 616 850,59 |
0,00 |
63 616 850,59 |
0,00 |
63 616 850,59 |
63 617 263,25 |
- 412,66 |
0,00 |
|
IT |
2014IT06RDRP011 |
20 169 418,43 |
0,00 |
20 169 418,43 |
0,00 |
20 169 418,43 |
20 167 389,09 |
2 029,34 |
0,00 |
|
IT |
2014IT06RDRP012 |
50 098 963,82 |
0,00 |
50 098 963,82 |
0,00 |
50 098 963,82 |
50 145 722,36 |
-46 758,54 |
0,00 |
|
IT |
2014IT06RDRP013 |
10 179 823,38 |
0,00 |
10 179 823,38 |
0,00 |
10 179 823,38 |
10 195 069,95 |
-15 246,57 |
0,00 |
|
IT |
2014IT06RDRP014 |
62 462 663,24 |
0,00 |
62 462 663,24 |
0,00 |
62 462 663,24 |
62 462 663,08 |
0,16 |
0,00 |
|
IT |
2014IT06RDRP015 |
14 146 131,15 |
0,00 |
14 146 131,15 |
0,00 |
14 146 131,15 |
14 173 748,06 |
-27 616,91 |
0,00 |
|
IT |
2014IT06RDRP016 |
97 321 953,55 |
0,00 |
97 321 953,55 |
0,00 |
97 321 953,55 |
97 323 150,43 |
-1 196,88 |
0,00 |
|
IT |
2014IT06RDRP017 |
53 615 791,80 |
0,00 |
53 615 791,80 |
0,00 |
53 615 791,80 |
53 674 994,46 |
-59 202,66 |
0,00 |
|
IT |
2014IT06RDRP018 |
113 312 697,49 |
0,00 |
113 312 697,49 |
0,00 |
113 312 697,49 |
113 340 600,27 |
-27 902,78 |
0,00 |
|
IT |
2014IT06RDRP019 |
174 260 030,84 |
0,00 |
174 260 030,84 |
0,00 |
174 260 030,84 |
174 596 371,23 |
- 336 340,39 |
0,00 |
|
IT |
2014IT06RDRP020 |
189 012 946,55 |
0,00 |
189 012 946,55 |
0,00 |
189 012 946,55 |
189 354 460,12 |
- 341 513,57 |
0,00 |
|
IT |
2014IT06RDRP021 |
172 446 891,62 |
0,00 |
172 446 891,62 |
0,00 |
172 446 891,62 |
172 632 045,96 |
- 185 154,34 |
0,00 |
|
LT |
2014LT06RDNP001 |
243 029 559,40 |
0,00 |
243 029 559,40 |
0,00 |
243 029 559,40 |
243 030 936,72 |
-1 377,32 |
0,00 |
|
LU |
2014LU06RDNP001 |
27 705 892,93 |
0,00 |
27 705 892,93 |
0,00 |
27 705 892,93 |
27 613 923,07 |
0,00 |
91 969,86 |
|
LV |
2014LV06RDNP001 |
111 344 515,62 |
0,00 |
111 344 515,62 |
0,00 |
111 344 515,62 |
111 344 515,62 |
0,00 |
0,00 |
|
MT |
2014MT06RDNP001 |
10 043 022,51 |
0,00 |
10 043 022,51 |
0,00 |
10 043 022,51 |
10 043 029,73 |
-7,22 |
0,00 |
|
NL |
2014NL06RDNP001 |
126 160 623,78 |
0,00 |
126 160 623,78 |
0,00 |
126 160 623,78 |
126 162 845,70 |
-2 221,92 |
0,00 |
|
PL |
2014PL06RDNP001 |
1 377 382 844,02 |
0,00 |
1 377 382 844,02 |
0,00 |
1 377 382 844,02 |
1 377 387 001,59 |
-4 157,57 |
0,00 |
|
PT |
2014PT06RDRP001 |
31 022 126,76 |
2,73 |
31 022 129,49 |
0,00 |
31 022 129,49 |
31 022 121,67 |
7,82 |
0,00 |
|
PT |
2014PT06RDRP002 |
517 451 658,60 |
0,00 |
517 451 658,60 |
0,00 |
517 451 658,60 |
517 354 244,54 |
97 414,06 |
0,00 |
|
PT |
2014PT06RDRP003 |
31 010 517,65 |
0,00 |
31 010 517,65 |
0,00 |
31 010 517,65 |
31 002 882,73 |
7 634,92 |
0,00 |
|
RO |
2014RO06RDNP001 |
1 029 757 902,20 |
1 439 883,27 |
1 031 197 785,47 |
0,00 |
1 031 197 785,47 |
1 031 161 921,49 |
35 863,98 |
0,00 |
|
SE |
2014SE06RDNP001 |
301 463 151,40 |
0,00 |
301 463 151,40 |
0,00 |
301 463 151,40 |
301 839 453,60 |
- 376 302,20 |
0,00 |
|
SI |
2014SI06RDNP001 |
130 507 941,88 |
0,00 |
130 507 941,88 |
0,00 |
130 507 941,88 |
130 508 017,27 |
-75,39 |
0,00 |
|
SK |
2014SK06RDNP001 |
146 808 100,25 |
-3 140 717,74 |
143 667 382,51 |
0,00 |
143 667 382,51 |
146 048 085,98 |
-2 380 703,47 |
0,00 |
|
|
|
|
|
|
|
|
|
|
|
(*1) Column vi, Interim payments reimbursed to the Member State for the financial year including clearing of pre-financing, includes negative amounts declared in financial year 2022. These negative amounts have been offset against the quarterly payments to the Member States concerned in Q4-2022
(*2) Where payments have reached 95 % of the total EAFRD contribution for a rural development programme — Article 34(2) of Regulation (EU) No 1306/2013, the balance will be settled during the closure of the programme.
ANNEX II
Clearance of the Paying Agencies' accounts
Financial year 2022 - EAFRD
Corrections according to Article 54(2) of Regulation (EU) 1306/2013
|
|
|
Corrections Related to the 2014-2020 Programming Period |
Corrections Related to the 2007-2013 Programming Period |
||
|
Member State |
Currency |
In National currency |
In Euro |
In National currency |
In Euro |
|
AT |
EUR |
0,00 |
0,00 |
0,00 |
42 684,69 |
|
BE |
EUR |
0,00 |
0,00 |
0,00 |
893,39 |
|
BG |
BGN |
570 782,27 |
0,00 |
3 220 667,20 |
0,00 |
|
CY |
EUR |
0,00 |
0,00 |
0,00 |
69 743,97 |
|
CZ |
CZK |
12 489,18 |
0,00 |
51 636 495,68 |
0,00 |
|
DE |
EUR |
0,00 |
162 929,85 |
0,00 |
377 694,69 |
|
DK |
DKK |
149 399,60 |
0,00 |
16 532,31 |
0,00 |
|
EE |
EUR |
0,00 |
15 240,81 |
0,00 |
671 576,83 |
|
ES |
EUR |
0,00 |
23 960,66 |
0,00 |
2 652 237,81 |
|
FI |
EUR |
0,00 |
5 580,55 |
0,00 |
137 592,39 |
|
FR |
EUR |
0,00 |
25 778,47 |
0,00 |
158 403,86 |
|
EL |
EUR |
0,00 |
19 563,48 |
0,00 |
791 126,51 |
|
HR |
HRK |
70 564,40 |
0,00 |
0,00 |
0,00 |
|
HU |
HUF |
12 591 826,00 |
0,00 |
480 986 237,00 |
0,00 |
|
IE |
EUR |
0,00 |
3 860,20 |
0,00 |
102 836,72 |
|
IT |
EUR |
0,00 |
162 721,39 |
0,00 |
2 710 330,11 |
|
LT |
EUR |
0,00 |
0,00 |
0,00 |
393 278,00 |
|
LU |
EUR |
0,00 |
1 102,79 |
0,00 |
0,00 |
|
LV |
EUR |
0,00 |
5 039,79 |
0,00 |
215 758,46 |
|
MT |
EUR |
0,00 |
0,00 |
0,00 |
0,00 |
|
NL |
EUR |
0,00 |
0,00 |
0,00 |
0,00 |
|
PL |
PLN |
265 334,84 |
0,00 |
8 002 556,25 |
0,00 |
|
PT |
EUR |
0,00 |
939 781,83 |
0,00 |
5 440 185,46 |
|
RO |
RON |
44,66 |
0,00 |
65 793 664,44 |
0,00 |
|
SE |
SEK |
10 013,18 |
0,00 |
53 600,34 |
0,00 |
|
SI |
EUR |
0,00 |
0,00 |
0,00 |
724 031,47 |
|
SK |
EUR |
0,00 |
15 190,29 |
0,00 |
1 255 494,75 |
ANNEX III
Clearance of the paying agencies' accounts
Financial year 2022 - EAFRD
Reductions for non-compliance with the latest payment deadlines in accordance with Article 75(1) of Regulation (EU) No 1306/2013
|
In Euro |
||
|
|
CCI |
Reductions for non-compliance with latest payment deadlines for FY2022 |
|
AT |
2014AT06RDNP001 |
0,00 |
|
BE |
2014BE06RDRP001 |
0,00 |
|
BE |
2014BE06RDRP002 |
0,00 |
|
BG |
2014BG06RDNP001 |
0,00 |
|
CY |
2014CY06RDNP001 |
43 777,26 |
|
CZ |
2014CZ06RDNP001 |
33 469,07 |
|
DE |
2014DE06RDRN001 |
0,00 |
|
DE |
2014DE06RDRP003 |
0,00 |
|
DE |
2014DE06RDRP004 |
0,00 |
|
DE |
2014DE06RDRP007 |
0,00 |
|
DE |
2014DE06RDRP010 |
0,00 |
|
DE |
2014DE06RDRP011 |
0,00 |
|
DE |
2014DE06RDRP012 |
0,00 |
|
DE |
2014DE06RDRP015 |
0,00 |
|
DE |
2014DE06RDRP017 |
0,00 |
|
DE |
2014DE06RDRP018 |
6 980,27 |
|
DE |
2014DE06RDRP019 |
0,00 |
|
DE |
2014DE06RDRP020 |
0,00 |
|
DE |
2014DE06RDRP021 |
0,00 |
|
DE |
2014DE06RDRP023 |
0,00 |
|
DK |
2014DK06RDNP001 |
94 284,66 |
|
EE |
2014EE06RDNP001 |
0,00 |
|
ES |
2014ES06RDNP001 |
0,00 |
|
ES |
2014ES06RDRP001 |
1 029 691,04 |
|
ES |
2014ES06RDRP002 |
0,00 |
|
ES |
2014ES06RDRP003 |
0,00 |
|
ES |
2014ES06RDRP004 |
149 211,96 |
|
ES |
2014ES06RDRP005 |
0,00 |
|
ES |
2014ES06RDRP006 |
0,00 |
|
ES |
2014ES06RDRP007 |
2 326 500,41 |
|
ES |
2014ES06RDRP008 |
0,00 |
|
ES |
2014ES06RDRP009 |
0,00 |
|
ES |
2014ES06RDRP010 |
0,00 |
|
ES |
2014ES06RDRP011 |
0,00 |
|
ES |
2014ES06RDRP012 |
311 888,99 |
|
ES |
2014ES06RDRP013 |
241 500,94 |
|
ES |
2014ES06RDRP014 |
0,00 |
|
ES |
2014ES06RDRP015 |
0,00 |
|
ES |
2014ES06RDRP016 |
0,00 |
|
ES |
2014ES06RDRP017 |
9 792,10 |
|
FI |
2014FI06RDRP001 |
0,00 |
|
FI |
2014FI06RDRP002 |
0,00 |
|
FR |
2014FR06RDNP001 |
0,00 |
|
FR |
2014FR06RDRN001 |
0,00 |
|
FR |
2014FR06RDRP001 |
147 957,18 |
|
FR |
2014FR06RDRP002 |
21 819,01 |
|
FR |
2014FR06RDRP003 |
5 662,91 |
|
FR |
2014FR06RDRP004 |
0,00 |
|
FR |
2014FR06RDRP006 |
0,00 |
|
FR |
2014FR06RDRP011 |
4 904,98 |
|
FR |
2014FR06RDRP021 |
2 051,35 |
|
FR |
2014FR06RDRP022 |
0,00 |
|
FR |
2014FR06RDRP023 |
5 370,74 |
|
FR |
2014FR06RDRP024 |
0,00 |
|
FR |
2014FR06RDRP025 |
0,00 |
|
FR |
2014FR06RDRP026 |
0,00 |
|
FR |
2014FR06RDRP031 |
119 951,32 |
|
FR |
2014FR06RDRP041 |
0,00 |
|
FR |
2014FR06RDRP042 |
25 855,69 |
|
FR |
2014FR06RDRP043 |
0,00 |
|
FR |
2014FR06RDRP052 |
0,00 |
|
FR |
2014FR06RDRP053 |
0,00 |
|
FR |
2014FR06RDRP054 |
0,00 |
|
FR |
2014FR06RDRP072 |
0,00 |
|
FR |
2014FR06RDRP073 |
0,00 |
|
FR |
2014FR06RDRP074 |
0,00 |
|
FR |
2014FR06RDRP082 |
0,00 |
|
FR |
2014FR06RDRP083 |
0,00 |
|
FR |
2014FR06RDRP091 |
0,00 |
|
FR |
2014FR06RDRP093 |
0,00 |
|
FR |
2014FR06RDRP094 |
637 341,66 |
|
EL |
2014GR06RDNP001 |
0,00 |
|
HR |
2014HR06RDNP001 |
0,00 |
|
HU |
2014HU06RDNP001 |
2 402 487,98 |
|
IE |
2014IE06RDNP001 |
0,00 |
|
IT |
2014IT06RDNP001 |
0,00 |
|
IT |
2014IT06RDRN001 |
0,00 |
|
IT |
2014IT06RDRP001 |
30 552,99 |
|
IT |
2014IT06RDRP002 |
0,00 |
|
IT |
2014IT06RDRP003 |
4 558,73 |
|
IT |
2014IT06RDRP004 |
0,00 |
|
IT |
2014IT06RDRP005 |
0,00 |
|
IT |
2014IT06RDRP006 |
0,00 |
|
IT |
2014IT06RDRP007 |
0,00 |
|
IT |
2014IT06RDRP008 |
22 974,99 |
|
IT |
2014IT06RDRP009 |
0,00 |
|
IT |
2014IT06RDRP010 |
22 899,34 |
|
IT |
2014IT06RDRP011 |
0,00 |
|
IT |
2014IT06RDRP012 |
0,00 |
|
IT |
2014IT06RDRP013 |
107 853,77 |
|
IT |
2014IT06RDRP014 |
0,00 |
|
IT |
2014IT06RDRP015 |
17 596,93 |
|
IT |
2014IT06RDRP016 |
422 993,64 |
|
IT |
2014IT06RDRP017 |
2 267,07 |
|
IT |
2014IT06RDRP018 |
8 041,68 |
|
IT |
2014IT06RDRP019 |
5 266,72 |
|
IT |
2014IT06RDRP020 |
2 473 314,13 |
|
IT |
2014IT06RDRP021 |
27 524,83 |
|
LT |
2014LT06RDNP001 |
0,00 |
|
LU |
2014LU06RDNP001 |
0,00 |
|
LV |
2014LV06RDNP001 |
0,00 |
|
MT |
2014MT06RDNP001 |
130,26 |
|
NL |
2014NL06RDNP001 |
0,00 |
|
PL |
2014PL06RDNP001 |
0,00 |
|
PT |
2014PT06RDRP001 |
0,00 |
|
PT |
2014PT06RDRP002 |
0,00 |
|
PT |
2014PT06RDRP003 |
0,00 |
|
RO |
2014RO06RDNP001 |
0,00 |
|
SE |
2014SE06RDNP001 |
0,00 |
|
SI |
2014SI06RDNP001 |
0,00 |
|
SK |
2014SK06RDNP001 |
1 880 434,28 |
|
26.5.2023 |
EN |
Official Journal of the European Union |
L 139/73 |
COMMISSION IMPLEMENTING DECISION (EU) 2023/1037
of 24 May 2023
on the clearance of the accounts of the paying agencies of Member States concerning expenditure financed by the European Agricultural Guarantee Fund (EAGF) for financial year 2022
(notified under document C(2023)3274)
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 104 thereof,
Having regard to 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 (2), and in particular Article 51 thereof,
After consulting the Committee on the Agricultural Funds,
Whereas:
|
(1) |
Article 104(1), second subparagraph, point (a), of Regulation (EU) 2021/2116 provides that Article 4(1), point (b), Article 5, Article 7(3), Articles 9, 17, 21 and 34, Article 35(4), Articles 36, 37, 38, 40 to 43, 51, 52, 54, 56, 59, 63, 64, 67, 68, 70 to 75, 77, 91 to 97, 99 and 100, Article 102(2) and Articles 110 and 111 of Regulation (EU) No 1306/2013 continue to apply, as regards the European Agricultural Guarantee Fund (EAGF), in relation to expenditure incurred and payments made for financial year 2022. |
|
(2) |
Article 64, second paragraph, point (a), of Commission Implementing Regulation (EU) 2022/128 (3) provides that Article 2, Article 3(1), first subparagraph, Article 3(2), Article 4(1), point (b), Article 5, Article 6, Article 7, Articles 21 to 25, Article 27, Article 28, Article 29, Article 30(1), points (a), (b) and (c), Article 30(2), (3) and (4), Articles 31 to 40 and Articles 42 to 47 of Commission Implementing Regulation (EU) No 908/2014 (4) continue to apply, as regards the EAGF, in relation to expenditure incurred and payments made for financial year 2022. |
|
(3) |
Article 64, second paragraph, point (c), of Implementing Regulation (EU) 2022/128 provides that Annexes II and III to Implementing Regulation (EU) No 908/2014 continue to apply for the purposes of Article 32, points (f) and (g), of Implementing Regulation (EU) 2022/128 for financial year 2022. |
|
(4) |
Article 40, second paragraph, of Commission Delegated Regulation (EU) 2022/127 (5) provides that Article 5, Article 5a, Article 7(3) and (4), Article 10, Article 11(1), second subparagraph, Article 11(2), Article 12, Article 13 and Article 41(5) of Commission Delegated Regulation (EU) No 907/2014 (6) continue to apply, as regards the EAGF, in relation to expenditure incurred and payments made for financial year 2022. |
|
(5) |
Pursuant to Article 51 of Regulation (EU) No 1306/2013, the Commission, on the basis of the annual accounts submitted by the Member States, accompanied by the information required for the clearance of accounts and an audit opinion regarding the completeness, accuracy and veracity of the accounts and the reports established by the certification bodies, has to clear the accounts of the paying agencies referred to in Article 7 of that Regulation prior to 31 May of the year following the budget year in question. |
|
(6) |
In accordance with Article 35 of Regulation (EU) 2021/2116, the agricultural financial year begins on 16 October of year N-1 and ends on 15 October of year N. When clearing the accounts for financial year 2022, account should be taken of expenditure incurred by the Member States between 16 October 2021 and 15 October 2022, as provided for in Article 11(1) of Implementing Regulation (EU) 2022/128. |
|
(7) |
Article 33(2), first subparagraph, of Implementing Regulation (EU) No 908/2014 provides that the amounts that are recoverable from, or payable to, each Member State, in accordance with the accounts clearance decision referred to in Article 33(1) of that Regulation, are to be established by deducting the monthly payments for the financial year concerned from expenditure recognised for that year in accordance with Article 33(1). The Commission is to deduct that amount from or add it to the monthly payment relating to the expenditure effected in the second month following the clearance of accounts decision. |
|
(8) |
The Commission has checked the information submitted by the Member States and has communicated the results of its checks to the Member States, together with the amendments it proposes. |
|
(9) |
For all paying agencies, the annual accounts and the accompanying documents permit the Commission to take a decision on the completeness, accuracy and veracity of the annual accounts submitted. |
|
(10) |
In accordance with Article 5(5) of Delegated Regulation (EU) No 907/2014, any overrun of payment deadlines is to be taken into account, at the latest, in the accounts clearance decision. Some of the expenditure declared by certain Member States during financial year 2022 was effected after the applicable deadlines. This Decision should therefore fix the relevant reductions. |
|
(11) |
Pursuant to Article 41 of Regulation (EU) No 1306/2013, the Commission has already reduced or suspended a number of monthly payments for financial year 2022 due to failure to comply with financial ceilings, or due to control system deficiencies. In this Decision, the Commission should take into account such reduced or suspended amounts in order to avoid making any inappropriate, or untimely, payments or reimbursements which could later be subject to financial correction. The amounts in question may be examined, where appropriate, under conformity clearance proceedings pursuant to Article 52 of that Regulation. |
|
(12) |
The Commission has already reduced the relevant monthly payments for financial year 2022 for the amounts due to the EAGF as a result of financial and conformity clearance decisions, pursuant to Articles 51 and 52 of Regulation (EU) No 1306/2013, executed by the Commission in financial year 2022. Any such amounts are taken into account in this Decision. |
|
(13) |
Pursuant to Article 54(2) of Regulation (EU) No 1306/2013, 50 % of the financial consequences of non-recovery of irregularities should be borne by the Member State concerned, if recovery has not taken place within 4 years from the date of the recovery request, or within 8 years where the recovery is taken before the national courts. Article 54(4) of Regulation (EU) No 1306/2013 requires Member States to attach to the annual accounts that they have to submit to the Commission pursuant to Article 29 of Implementing Regulation (EU) No 908/2014 a certified table reflecting the amounts to be borne by them under Article 54(2) of Regulation (EU) No 1306/2013. Rules on the application of the Member States’ obligation to report the amounts to be recovered are laid down in Implementing Regulation (EU) No 908/2014. Annex II to Implementing Regulation (EU) No 908/2014 sets out the model of the table that Member States have to use to provide information about amounts to be recovered. On the basis of the tables completed by the Member States, the Commission should decide on the financial consequences of non-recovery of irregularities older than 4 or 8 years respectively. |
|
(14) |
Pursuant to Article 54(3) of Regulation (EU) No 1306/2013, on duly justified grounds, Member States may decide not to pursue recovery. Such a decision may be taken only if the costs already, and likely to be, incurred total more than the amount to be recovered, or if the recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. If the decision has been taken within 4 years from the date of the recovery request or within 8 years where the recovery is taken to the national courts, 100 % of the financial consequences of the non-recovery should be borne by the Union budget. The amounts for which the Member State decided not to pursue recovery and the grounds for the decision are shown in the summary report referred to in Article 54(4) of that Regulation. Therefore, such amounts should not be charged to the Member States concerned and are consequently borne by the Union budget. |
|
(15) |
In accordance with Article 51 of Regulation (EU) No 1306/2013, this Decision should be without prejudice to the decisions the Commission may take subsequently to exclude from Union financing expenditure not effected in accordance with Union rules, |
HAS ADOPTED THIS DECISION:
Article 1
The accounts of the Member States’ paying agencies are hereby cleared as regards expenditure financed by the European Agricultural Guarantee Fund (EAGF) in respect of financial year 2022.
The amounts recoverable from, or payable to, each Member State pursuant to this Decision, including those resulting from the application of Article 54(2) of Regulation (EU) No 1306/2013, are set out in Annexes I and II to this Decision.
Article 2
This Decision is without prejudice to future conformity clearance decisions that the Commission may take pursuant to Article 52 of Regulation (EU) No 1306/2013 to exclude from Union financing expenditure not effected in accordance with Union rules.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 24 May 2023.
For the Commission
Janusz WOJCIECHOWSKI
Member of the Commission
(1) OJ L 435, 6.12.2021, p. 187.
(2) OJ L 347, 20.12.2013, p. 549.
(3) Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance of accounts, checks, securities and transparency (OJ L 20, 31.1.2022, p. 131).
(4) 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, p. 59).
(5) Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95).
(6) 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, p. 18).
ANNEX I
Clearance of the Paying Agencies' accounts
Financial year 2022 - EAGF
Amount to be recovered from or paid to the Member State
|
MS |
|
2022 - Expenditure / Assigned Revenue for the Paying Agencies for which the accounts are |
Total a + b |
Reductions and suspensions for the whole financial year 1) |
Amount to be charged according to Article 54(2) of Regulation (EU) 1306/2013 |
Total including reductions and suspensions |
Payments made to the Member State for the financial year |
Amount to be recovered from (-) or paid to (+) the Member State 2) |
|
|
cleared |
disjoined |
||||||||
|
= expenditure / assigned revenue declared in the annual declaration |
= total of the expenditure / assigned revenue in the monthly declarations |
||||||||
|
|
|
a |
b |
c=a+b |
d |
e |
f=c+d+e |
g |
h=f-g |
|
AT |
EUR |
711 124 945,28 |
0,00 |
711 124 945,28 |
-69 142 843,52 |
0,00 |
641 982 101,76 |
641 982 101,76 |
0,00 |
|
BE |
EUR |
563 469 110,23 |
0,00 |
563 469 110,23 |
-3 355 470,80 |
0,00 |
560 113 639,43 |
560 304 381,02 |
- 190 741,59 |
|
BG |
BGN |
0,00 |
0,00 |
0,00 |
0,00 |
0,00 |
0,00 |
0,00 |
0,00 |
|
BG |
EUR |
817 224 556,93 |
0,00 |
817 224 556,93 |
-9 999 812,85 |
0,00 |
807 224 744,08 |
807 666 231,95 |
- 441 487,87 |
|
CY |
EUR |
53 554 003,69 |
0,00 |
53 554 003,69 |
- 292 064,80 |
0,00 |
53 261 938,89 |
53 252 507,36 |
9 431,53 |
|
CZ |
CZK |
0,00 |
0,00 |
0,00 |
0,00 |
-60 832,27 |
-60 832,27 |
0,00 |
-60 832,27 |
|
CZ |
EUR |
869 951 444,06 |
0,00 |
869 951 444,06 |
-13 409 662,73 |
0,00 |
856 541 781,33 |
856 541 781,08 |
0,25 |
|
DE |
EUR |
4 785 423 691,21 |
0,00 |
4 785 423 691,21 |
-2 061 589,16 |
- 254 798,01 |
4 783 107 304,04 |
4 783 372 432,35 |
- 265 128,31 |
|
DK |
DKK |
0,00 |
0,00 |
0,00 |
0,00 |
-1 191,47 |
-1 191,47 |
0,00 |
-1 191,47 |
|
DK |
EUR |
829 480 010,17 |
0,00 |
829 480 010,17 |
-7 602 930,95 |
0,00 |
821 877 079,22 |
820 222 855,84 |
1 654 223,38 |
|
EE |
EUR |
193 550 993,08 |
0,00 |
193 550 993,08 |
- 644 142,44 |
0,00 |
192 906 850,64 |
192 822 050,67 |
84 799,97 |
|
ES |
EUR |
5 666 189 224,46 |
0,00 |
5 666 189 224,46 |
-18 819 069,18 |
- 981 775,27 |
5 646 388 380,01 |
5 649 483 252,09 |
-3 094 872,08 |
|
FI |
EUR |
532 007 917,30 |
0,00 |
532 007 917,30 |
-5 541 621,71 |
-36 310,08 |
526 429 985,51 |
526 444 909,04 |
-14 923,53 |
|
FR |
EUR |
7 473 864 122,77 |
0,00 |
7 473 864 122,77 |
-89 296 720,07 |
-15 710 912,61 |
7 368 856 490,09 |
7 385 172 632,53 |
-16 316 142,44 |
|
EL |
EUR |
2 005 280 173,71 |
0,00 |
2 005 280 173,71 |
-41 991 902,42 |
- 767 853,27 |
1 962 520 418,02 |
1 963 352 174,10 |
- 831 756,08 |
|
HR |
HRK |
0,00 |
0,00 |
0,00 |
0,00 |
- 501 432,22 |
- 501 432,22 |
0,00 |
- 501 432,22 |
|
HR |
EUR |
381 911 249,22 |
0,00 |
381 911 249,22 |
-1 154 543,99 |
0,00 |
380 756 705,23 |
381 161 087,48 |
- 404 382,25 |
|
HU |
HUF |
0,00 |
0,00 |
0,00 |
0,00 |
-27 341 782,00 |
-27 341 782,00 |
0,00 |
-27 341 782,00 |
|
HU |
EUR |
1 330 221 833,99 |
0,00 |
1 330 221 833,99 |
-6 915 926,40 |
0,00 |
1 323 305 907,59 |
1 323 305 907,59 |
0,00 |
|
IE |
EUR |
1 198 385 813,17 |
0,00 |
1 198 385 813,17 |
-2 145 652,57 |
-5 171,71 |
1 196 234 988,89 |
1 193 847 604,02 |
2 387 384,87 |
|
IT |
EUR |
4 174 468 850,41 |
0,00 |
4 174 468 850,41 |
123 024 548,00 |
-2 638 256,04 |
4 294 855 142,37 |
4 297 018 706,30 |
-2 163 563,93 |
|
LT |
EUR |
577 952 498,08 |
0,00 |
577 952 498,08 |
319 221,81 |
-1 023,01 |
578 270 696,88 |
578 271 719,89 |
-1 023,01 |
|
LU |
EUR |
33 840 844,26 |
0,00 |
33 840 844,26 |
49 506,44 |
-4 555,22 |
33 885 795,48 |
33 810 839,19 |
74 956,29 |
|
LV |
EUR |
318 687 850,75 |
0,00 |
318 687 850,75 |
-11 497,83 |
- 316,45 |
318 676 036,47 |
318 676 352,92 |
- 316,45 |
|
MT |
EUR |
5 019 919,40 |
0,00 |
5 019 919,40 |
- 283,11 |
0,00 |
5 019 636,29 |
5 019 636,29 |
0,00 |
|
NL |
EUR |
705 886 328,90 |
0,00 |
705 886 328,90 |
-1 102,62 |
0,00 |
705 885 226,28 |
705 869 191,61 |
16 034,67 |
|
PL |
PLN |
0,00 |
0,00 |
0,00 |
0,00 |
-1 267 717,12 |
-1 267 717,12 |
0,00 |
-1 267 717,12 |
|
PL |
EUR |
3 403 049 489,21 |
0,00 |
3 403 049 489,21 |
95 710,65 |
0,00 |
3 403 145 199,86 |
3 403 174 261,25 |
-29 061,39 |
|
PT |
EUR |
876 061 261,75 |
0,00 |
876 061 261,75 |
-32 162 068,39 |
- 238 453,89 |
843 660 739,47 |
843 033 925,20 |
626 814,27 |
|
RO |
RON |
0,00 |
0,00 |
0,00 |
0,00 |
-10 768 075,58 |
-10 768 075,58 |
0,00 |
-10 768 075,58 |
|
RO |
EUR |
1 949 712 389,54 |
0,00 |
1 949 712 389,54 |
-92 026 338,46 |
0,00 |
1 857 686 051,08 |
1 856 480 122,17 |
1 205 928,91 |
|
SE |
SEK |
0,00 |
0,00 |
0,00 |
0,00 |
-38 548,93 |
-38 548,93 |
0,00 |
-38 548,93 |
|
SE |
EUR |
704 598 300,44 |
0,00 |
704 598 300,44 |
-33 101 942,66 |
0,00 |
671 496 357,78 |
671 716 657,22 |
- 220 299,44 |
|
SI |
EUR |
139 976 886,43 |
0,00 |
139 976 886,43 |
-7 111 401,19 |
0,00 |
132 865 485,24 |
132 865 485,25 |
-0,01 |
|
SK |
EUR |
430 357 281,48 |
0,00 |
430 357 281,48 |
-18 191 798,11 |
-5 401,69 |
412 160 081,68 |
411 995 979,07 |
164 102,61 |
|
MS |
|
Expenditure 3) |
Assigned revenue 3) |
Article 54(2) (=e) |
Total (=h) |
|
08 02 06 01 |
6200 |
6200 |
|||
|
i |
j |
k |
l = i+j+k |
||
|
AT |
EUR |
0,00 |
0,00 |
0,00 |
0,00 |
|
BE |
EUR |
0,00 |
- 190 741,59 |
0,00 |
- 190 741,59 |
|
BG |
BGN |
0,00 |
0,00 |
0,00 |
0,00 |
|
BG |
EUR |
0,00 |
- 441 487,87 |
0,00 |
- 441 487,87 |
|
CY |
EUR |
9 431,53 |
0,00 |
0,00 |
9 431,53 |
|
CZ |
CZK |
0,00 |
0,00 |
-60 832,27 |
-60 832,27 |
|
CZ |
EUR |
0,25 |
0,00 |
0,00 |
0,25 |
|
DE |
EUR |
0,00 |
-10 330,30 |
- 254 798,01 |
- 265 128,31 |
|
DK |
DKK |
0,00 |
0,00 |
-1 191,47 |
-1 191,47 |
|
DK |
EUR |
1 654 223,38 |
0,00 |
0,00 |
1 654 223,38 |
|
EE |
EUR |
84 799,97 |
0,00 |
0,00 |
84 799,97 |
|
ES |
EUR |
0,00 |
-2 113 096,81 |
- 981 775,27 |
-3 094 872,08 |
|
FI |
EUR |
112 829,88 |
-91 443,33 |
-36 310,08 |
-14 923,53 |
|
FR |
EUR |
0,00 |
- 605 229,83 |
-15 710 912,61 |
-16 316 142,44 |
|
EL |
EUR |
0,00 |
-63 902,81 |
- 767 853,27 |
- 831 756,08 |
|
HR |
HRK |
0,00 |
0,00 |
- 501 432,22 |
- 501 432,22 |
|
HR |
EUR |
0,00 |
- 404 382,25 |
0,00 |
- 404 382,25 |
|
HU |
HUF |
0,00 |
0,00 |
-27 341 782,00 |
-27 341 782,00 |
|
HU |
EUR |
0,00 |
0,00 |
0,00 |
0,00 |
|
IE |
EUR |
2 417 792,76 |
-25 236,18 |
-5 171,71 |
2 387 384,87 |
|
IT |
EUR |
1 390 225,25 |
- 915 533,14 |
-2 638 256,04 |
-2 163 563,93 |
|
LT |
EUR |
0,00 |
0,00 |
-1 023,01 |
-1 023,01 |
|
LU |
EUR |
79 511,51 |
0,00 |
-4 555,22 |
74 956,29 |
|
LV |
EUR |
0,00 |
0,00 |
- 316,45 |
- 316,45 |
|
MT |
EUR |
0,00 |
0,00 |
0,00 |
0,00 |
|
NL |
EUR |
16 034,67 |
0,00 |
0,00 |
16 034,67 |
|
PL |
PLN |
0,00 |
0,00 |
-1 267 717,12 |
-1 267 717,12 |
|
PL |
EUR |
0,00 |
-29 061,39 |
0,00 |
-29 061,39 |
|
PT |
EUR |
865 268,16 |
0,00 |
- 238 453,89 |
626 814,27 |
|
RO |
RON |
0,00 |
0,00 |
-10 768 075,58 |
-10 768 075,58 |
|
RO |
EUR |
1 673 638,52 |
- 467 709,61 |
0,00 |
1 205 928,91 |
|
SE |
SEK |
0,00 |
0,00 |
-38 548,93 |
-38 548,93 |
|
SE |
EUR |
0,00 |
- 220 299,44 |
0,00 |
- 220 299,44 |
|
SI |
EUR |
0,00 |
-0,01 |
0,00 |
-0,01 |
|
SK |
EUR |
207 271,53 |
-37 767,23 |
-5 401,69 |
164 102,61 |
|
1) |
The reductions and suspensions are those taken into account in the payment system, to which are added in particular the corrections for the non respect of payment deadlines and other reductions in the context of Article 41 of Regulation (EU) No 1306/2013. |
|
2) |
For the calculation of the amount to be recovered from or paid to the Member State the amount taken into account is, the total of the annual declaration for the expenditure cleared (col.a) or, the total of the monthly declarations for the expenditure disjoined (col.b). Applicable exchange rate: Article 11(1), first subparagraph, second sentence of the Commission Delegated Regulation (EU) No 907/2014. |
|
3) |
BL 08 02 06 01 shall be split between the negative corrections which become assigned revenue in BL 62 00 and the positive ones in favour of MS which shall now be included on the expenditure side 08 02 06 01 as per article 43 of Regulation (EU) No 1306/2013. |
NB: Nomenclature 2023 : 08 02 06 01 , 6200
ANNEX II
Clearance of the paying agencies' accounts
Financial year 2022 - EAGF
Corrections according to Article 54(2) of Regulation (EU) No 1306/2013 (*1)
|
Member State |
Currency |
In National currency |
In Euro |
|
AT |
EUR |
|
|
|
BE |
EUR |
|
|
|
BG |
BGN |
|
|
|
CY |
EUR |
- |
19 409,26 |
|
CZ |
CZK |
182 675,76 |
- |
|
DE |
EUR |
|
|
|
DK |
DKK |
|
|
|
EE |
EUR |
- |
- |
|
ES |
EUR |
|
|
|
FI |
EUR |
|
|
|
FR |
EUR |
|
|
|
EL |
EUR |
|
|
|
HR |
HRK |
|
|
|
HU |
HUF |
- |
- |
|
IE |
EUR |
|
|
|
IT |
EUR |
|
|
|
LT |
EUR |
- |
934,53 |
|
LU |
EUR |
|
|
|
LV |
EUR |
- |
- |
|
MT |
EUR |
- |
- |
|
NL |
EUR |
|
|
|
PL |
PLN |
81 714,61 |
- |
|
PT |
EUR |
|
|
|
RO |
RON |
|
|
|
SE |
SEK |
|
|
|
SI |
EUR |
- |
- |
|
SK |
EUR |
- |
- |
(*1) Amounts to be charged to the Member States as a result of the application of Article 54(2) of Regulation (EU) No 1306/2013 in relation to the Temporary Rural Development Instrument (TRDI) funded by the European Agricultural Guidance and Guarantee Fund (EAGGF) (Commission Regulation (EC) No 27/2004 of 5 January 2004 laying down transitional detailed rules for the application of Council Regulation (EC) No 1257/1999 as regards the financing by the EAGGF Guarantee Section of rural development measures in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ L 5, 9.1.2004, p. 36))
|
26.5.2023 |
EN |
Official Journal of the European Union |
L 139/81 |
COMMISSION IMPLEMENTING DECISION (EU) 2023/1038
of 24 May 2023
on the clearance of the accounts of the paying agencies of the United Kingdom concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for financial year 2022
(notified under document C(2023) 3275)
(Only the English text is authentic)
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 104 thereof,
Having regard to 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 (2), and in particular Article 51 thereof, in conjunction with Articles 131 and 138 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,
After consulting the Committee on the Agricultural Funds,
Whereas:
|
(1) |
Article 104(1), second subparagraph, point (a), of Regulation (EU) 2021/2116 provides that Article 4(1), point (b), Article 5, Article 7(3), Articles 9, 17, 21 and 34, Article 35(4), Articles 36, 37, 38, 40 to 43, 51, 52, 54, 56, 59, 63, 64, 67, 68, 70 to 75, 77, 91 to 97, 99 and 100, Article 102(2) and Articles 110 and 111 of Regulation (EU) No 1306/2013 continue to apply, as regards the European Agricultural Fund for Rural Development (EAFRD), in relation to expenditure incurred by the beneficiaries and payments made by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 of the European Parliament and of the Council (3) for financial year 2022. |
|
(2) |
Article 64, second paragraph, point (a), of Commission Implementing Regulation (EU) 2022/128 (4) provides that Article 2, Article 3(1), first subparagraph, Article 3(2), Article 4(1), point (b), Article 5, Article 6, Article 7, Articles 21 to 25, Article 27, Article 28, Article 29, Article 30(1), points (a), (b) and (c), Article 30(2), (3) and (4), Articles 31 to 40 and Articles 42 to 47 of Commission Implementing Regulation (EU) No 908/2014 (5) continue to apply, as regards the EAFRD, in relation to expenditure incurred by the beneficiaries and payments made by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 for financial year 2022. |
|
(3) |
Article 64, second paragraph, point (c), of Implementing Regulation (EU) 2022/128 provides that Annexes II and III to Implementing Regulation (EU) No 908/2014 continue to apply for the purposes of Article 32, points (f) and (g), of Implementing Regulation (EU) 2022/128 for financial year 2022. |
|
(4) |
Article 40, second paragraph, of Commission Delegated Regulation (EU) 2022/127 (6) provides that Article 5, Article 5a, Article 7(3) and (4), Article 10, Article 11(1), second subparagraph, Article 11(2), Article 12, Article 13 and Article 41(5) of Commission Delegated Regulation (EU) No 907/2014 (7) continue to apply as regards the EAFRD in relation to expenditure incurred by the beneficiaries and payments effected by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 for financial year 2022. |
|
(5) |
Pursuant to Article 51 of Regulation (EU) No 1306/2013, the Commission, on the basis of the annual accounts submitted by the United Kingdom, accompanied by the information required for the clearance of accounts and an audit opinion regarding the completeness, accuracy and veracity of the accounts and the reports established by the certification bodies, has to clear the accounts of the paying agencies referred to in Article 7 of that Regulation prior to 31 May of the year following the budget year in question. |
|
(6) |
In accordance with Article 35 of Regulation (EU) 2021/2116, the agricultural financial year begins on 16 October of year N-1 and ends on 15 October of year N. When clearing the accounts for financial year 2022, for the purpose of aligning the reference period for the EAFRD expenditure with that of the European Agricultural Guarantee Fund (EAGF), account should be taken of expenditure incurred by the United Kingdom between 16 October 2021 and 15 October 2022, as provided for in Article 11(1) of Implementing Regulation (EU) 2022/128. |
|
(7) |
Article 33(2), second subparagraph, of Implementing Regulation (EU) No 908/2014 provides that the amounts that are recoverable from, or payable to, the United Kingdom, in accordance with the accounts clearance decision referred to in Article 33(1) of that Regulation, are to be established by deducting the intermediate payments for the financial year concerned from the expenditure recognised for that year in accordance with Article 33(1). The Commission is to deduct that amount from or add it to the next intermediate payment. |
|
(8) |
The Commission has checked the information submitted by the United Kingdom and has communicated the results of its checks to the United Kingdom, together with the amendments it proposes. |
|
(9) |
For the paying agencies of the United Kingdom, ‘Department of Agriculture, Environment and Rural Affairs’, ‘The Scottish Government Rural Payments and Inspections Directorate’, ‘Welsh Government’ and ‘Rural Payments Agency’, the annual accounts and the accompanying documents permit the Commission to take a decision on the completeness, accuracy and veracity of the annual accounts submitted. |
|
(10) |
Article 36(3), first subparagraph, point (b), of Regulation (EU) No 1306/2013 provides that intermediate payments are to be made without overrun of the total programmed EAFRD contribution. Pursuant to Article 23(2) of Implementing Regulation (EU) No 908/2014, where the combined total of declarations of expenditure exceeds the total programmed contribution for a rural development programme, the amount to be paid has to be capped at the programmed amount, without prejudice to the ceiling provided for in Article 34(2) of Regulation (EU) No 1306/2013. The capped amount will be subject to a later reimbursement by the Commission following the adoption of the amended financial plan or at the closure of the programming period. |
|
(11) |
In accordance with Article 75(1), fourth subparagraph, of Regulation (EU) No 1306/2013, the rules on payment deadlines for measures under rural development in the context of the integrated administration and control system apply from claim year 2019. The reductions for non-compliance with the latest payment deadlines, calculated in conformity with Article 5a of Delegated Regulation (EU) No 907/2014, follow the procedure laid down in Articles 40 and 41 of Regulation (EU) No 1306/2013 and are to be taken into account in this Decision for financial year 2022. Those reductions may be examined, where appropriate, under conformity clearance proceedings pursuant to Article 52 of Regulation (EU) No 1306/2013. |
|
(12) |
Pursuant to Article 34(2) of Regulation (EU) No 1306/2013, the combined total of prefinancing and interim payments are not to exceed 95 % of the EAFRD’s contribution to each rural development programme. The following programmes have reached this threshold: 2014UK06RDRP001 and 2014UK06RDRP003. The outstanding balance of these programmes will be settled at the closure of the programming period. |
|
(13) |
Pursuant to Article 54(2) of Regulation (EU) No 1306/2013, 50 % of the financial consequences of non-recovery of irregularities should be borne by the United Kingdom, if recovery has not taken place within 4 years from the date of the recovery request, or within 8 years where the recovery is taken before the national courts. Article 54(4) of Regulation (EU) No 1306/2013 requires the United Kingdom to attach to the annual accounts that it has to submit to the Commission, pursuant to Article 29 of Implementing Regulation (EU) No 908/2014, a certified table reflecting the amounts to be borne by the United Kingdom under Article 54(2) of Regulation (EU) No 1306/2013. Rules on the application of the United Kingdom’s obligation to report the amounts to be recovered are laid down in Implementing Regulation (EU) No 908/2014. Annex II to Implementing Regulation (EU) No 908/2014 sets out the model of the table that the United Kingdom has to use to provide information about amounts to be recovered. On the basis of the tables completed by the United Kingdom, the Commission should decide on the financial consequences of non-recovery of irregularities older than 4 or 8 years respectively. |
|
(14) |
Pursuant to Article 54(3) of Regulation (EU) No 1306/2013, on duly justified grounds, the United Kingdom may decide not to pursue recovery. Such a decision may be taken only if the costs already, and likely to be, incurred total more than the amount to be recovered, or if the recovery proves impossible owing to the insolvency recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. If the decision has been taken within 4 years from the date of recovery request, or within 8 years where the recovery is taken before the national courts, 100 % of the financial consequences of the non-recovery should be borne by the Union budget. The amounts for which the United Kingdom decided not to pursue recovery and the grounds for its decision are shown in the summary report referred to in Article 54(4) of that Regulation. Therefore, such amounts should not be charged to the United Kingdom and are consequently to be borne by the Union budget. |
|
(15) |
This Decision should also take into account the amounts that are still to be charged to the United Kingdom as a result of the application of Article 54(2) of Regulation (EU) No 1306/2013 in relation to the 2007-2013 programming period for the EAFRD. |
|
(16) |
In accordance with Article 51 of Regulation (EU) No 1306/2013, this Decision should be without prejudice to the decisions the Commission may take subsequently to exclude from Union financing expenditure not effected in accordance with Union rules, |
HAS ADOPTED THIS DECISION:
Article 1
The accounts of the paying agencies of the United Kingdom, ‘Department of Agriculture, Environment and Rural Affairs’, ‘The Scottish Government Rural Payments and Inspections Directorate’, ‘Welsh Government’ and ‘Rural Payments Agency’ are hereby cleared as regards expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) in respect of financial year 2022 and relating to the 2014-2020 programming period.
The amounts recoverable from, or payable to the United Kingdom under each rural development programme pursuant to this Decision, are set out in Annex I.
Article 2
The amounts to be charged to the United Kingdom, as a result of the application of Article 54(2) of Regulation (EU) No 1306/2013 relating to the 2014-2020 programming period and to the 2007-2013 programming period for the EAFRD, are set out in Annex II to this Decision.
Article 3
The reductions for non-compliance with the latest payment deadlines in accordance with Article 75(1) of Regulation (EU) No 1306/2013 under each rural development programme are set out in Annex III to this Decision.
Article 4
This Decision is without prejudice to future conformity clearance decisions that the Commission may take pursuant to Article 52 of Regulation (EU) No 1306/2013 to exclude from Union financing expenditure not effected in accordance with Union rules.
Article 5
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 24 May 2023.
For the Commission
Janusz WOJCIECHOWSKI
Member of the Commission
(1) OJ L 435, 6.12.2021, p. 187.
(2) OJ L 347, 20.12.2013, p. 549.
(3) 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).
(4) Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance of accounts, checks, securities and transparency (OJ L 20, 31.1.2022, p. 131).
(5) 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, p. 59).
(6) Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95).
(7) 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, p. 18).
ANNEX I
Cleared EAFRD expenditure by Rural Development programme for financial year 2022
Amount to be recovered from or paid to the United Kingdom per programme
Approved programmes with declared expenditure for EAFRD 2014-2020
|
In Euro In Euro |
|||||||||
|
|
CCI |
Expenditure 2022 |
Corrections |
Total |
Non-reusable amounts |
Accepted amount cleared for FY 2022 |
Interim payments reimbursed to the United Kingdom for the financial year including clearing of pre-financing |
Amount to be recovered from (-) or paid to (+) the United Kingdom |
Balance to be settled at closure of programming period due to 95% threshold reached (*1) |
|
|
|
i |
ii |
iii = i + ii |
iv |
v = iii - iv |
vi |
vii = v - vi |
|
|
UK |
2014UK06RDRP001 |
320 428 023,31 |
0,00 |
320 428 023,31 |
0,00 |
320 428 023,31 |
272 787 068,76 |
-13 178,79 |
47 654 133,34 |
|
UK |
2014UK06RDRP002 |
27 737 698,19 |
-33 192,33 |
27 704 505,86 |
0,00 |
27 704 505,86 |
27 703 772,21 |
733,65 |
0,00 |
|
UK |
2014UK06RDRP003 |
43 945 611,42 |
- 441 226,49 |
43 504 384,93 |
0,00 |
43 504 384,93 |
29 598 163,53 |
- 597 933,18 |
14 504 154,58 |
|
UK |
2014UK06RDRP004 |
83 079 581,60 |
- 178 527,42 |
82 901 054,18 |
0,00 |
82 901 054,18 |
82 901 627,10 |
- 572,92 |
0,00 |
(*1) Where payments have reached 95 % of the total EAFRD contribution for a rural development programme — Article 34(2) of Regulation (EU) No 1306/2013, the balance will be settled during the closure of the programme.
ANNEX II
Clearance of the Paying Agencies' accounts
Financial year 2022 – EAFRD
Corrections according to Article 54(2) of Regulation (EU) 1306/2013
|
|
|
Corrections Related to the 2014-2020 Programming Period |
Corrections Related to the 2007-2013 Programming Period |
||
|
|
Currency |
In National currency |
In Euro |
In National currency |
In Euro |
|
UK |
GBP |
3 841,34 |
0,00 |
17 115,42 |
0,00 |
ANNEX III
Clearance of the paying agencies' accounts
Financial year 2022 - EAFRD
Reductions for non-compliance with the latest payment deadlines in accordance with Article 75(1) of Regulation (EU) No 1306/2013
|
In Euro |
||
|
|
CCI |
Reductions for non-compliance with latest payment deadlines for FY2022 |
|
|
|
|
|
UK |
2014UK06RDRP001 |
434 188,85 |
|
UK |
2014UK06RDRP002 |
0,00 |
|
UK |
2014UK06RDRP003 |
0,00 |
|
UK |
2014UK06RDRP004 |
0,00 |
|
26.5.2023 |
EN |
Official Journal of the European Union |
L 139/88 |
COMMISSION IMPLEMENTING DECISION (EU) 2023/1039
of 24 May 2023
on the clearance of the accounts of the paying agencies of the United Kingdom concerning debts arising from expenditure financed by the European Agricultural Guarantee Fund (EAGF) under the 2014-2020 programming period and the 2007-2013 programming period for financial year 2022
(notified under document C(2023) 3272)
(Only the English text is authentic)
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 104 thereof,
Having regard to 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 (2), and in particular Article 51 thereof, in conjunction with Articles 131 and 138 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘Withdrawal Agreement’),
After consulting the Committee on the Agricultural Funds,
Whereas:
|
(1) |
Article 104(1), second subparagraph, point (a), of Regulation (EU) 2021/2116 provides that Article 4(1), point (b), Article 5, Article 7(3), Articles 9, 17, 21 and 34, Article 35(4), Articles 36, 37, 38, 40 to 43, 51, 52, 54, 56, 59, 63, 64, 67, 68, 70 to 75, 77, 91 to 97, 99 and 100, Article 102(2) and Articles 110 and 111 of Regulation (EU) No 1306/2013 continue to apply, as regards debts arising from expenditure financed by the European Agricultural Guarantee Fund (EAGF) under the 2014-2020 programming period and the 2007-2013 programming period for financial year 2022. |
|
(2) |
Article 64, second paragraph, point (a), of Commission Implementing Regulation (EU) 2022/128 (3) provides that Article 2, Article 3(1), first subparagraph, Article 3(2), Article 4(1), point (b), Article 5, Article 6, Article 7, Articles 21 to 25, Article 27, Article 28, Article 29, Article 30(1), points (a), (b) and (c), Article 30(2), (3) and (4), Articles 31 to 40 and Articles 42 to 47 of Commission Implementing Regulation (EU) No 908/2014 (4) continue to apply, as regards debts arising from expenditure financed by the EAGF under the 2014-2020 programming period and the 2007-2013 programming period for financial year 2022. |
|
(3) |
Article 64, second paragraph, point (c), of Implementing Regulation (EU) 2022/128 provides that Annexes II and III to Implementing Regulation (EU) No 908/2014 continue to apply for the purposes of Article 32, points (f) and (g), of Implementing Regulation (EU) 2022/128 for financial year 2022. |
|
(4) |
Pursuant to Article 51 of Regulation (EU) No 1306/2013, the Commission, on the basis of the annual accounts submitted by the United Kingdom, accompanied by the information required for the clearance of accounts and an audit opinion regarding the completeness, accuracy and veracity of the accounts and the reports established by the certification bodies, has to clear the accounts of the paying agencies referred to in Article 7 of that Regulation prior to 31 May of the year following the budget year in question. |
|
(5) |
Pursuant to Article 138(1) of the Withdrawal Agreement, the United Kingdom has an obligation to continue to ensure the functioning of the management and control system for recognition, registration and recovery of debts arising from expenditure financed by EAGF under 2014-2020 programming period and the 2007-2013 programming period, in accordance with Article 54 of Regulation (EU) No 1306/2013. |
|
(6) |
In accordance with Article 35 of Regulation (EU) 2021/2116, the agricultural financial year begins on 16 October of year N-1 and ends on 15 October of year N. When clearing the accounts for financial year 2022, account should be taken of recognition, registration and recovery of debts by the United Kingdom between 16 October 2021 and 15 October 2022, as provided for in Article 11(1) of Implementing Regulation (EU) 2022/128. |
|
(7) |
The Commission has checked the information submitted by the United Kingdom and has communicated the results of its checks to the United Kingdom, together with the amendments it proposes. |
|
(8) |
For the paying agencies of the United Kingdom, ‘Department of Agriculture, Environment and Rural Affairs’, ‘The Scottish Government Rural Payments and Inspections Directorate’, ‘Welsh Government’ and ‘Rural Payments Agency’, the annual accounts and the accompanying documents permit the Commission to take a decision on the completeness, accuracy and veracity of the annual accounts submitted. |
|
(9) |
Pursuant to Article 54(2) of Regulation (EU) No 1306/2013, 50 % of the financial consequences of non-recovery of irregularities should be borne by the United Kingdom, if recovery has not taken place within 4 years from the date of the recovery request, or within 8 years where the recovery is taken before the national courts. Article 54(4) of Regulation (EU) No 1306/2013 requires the United Kingdom to attach to the annual accounts that it has to submit to the Commission pursuant to Article 29 of Implementing Regulation (EU) No 908/2014 a certified table reflecting the amounts to be borne by the United Kingdom under Article 54(2) of Regulation (EU) No 1306/2013. Rules on the application of the obligation of the United Kingdom to report the amounts to be recovered are laid down in Implementing Regulation (EU) No 908/2014. Annex II to Implementing Regulation (EU) No 908/2014 sets out the model of the table that the United Kingdom has to use to provide information about amounts to be recovered. On the basis of the tables completed by the United Kingdom, the Commission should decide on the financial consequences of non-recovery of irregularities older than 4 or 8 years respectively. |
|
(10) |
Pursuant to Article 54(3) of Regulation (EU) No 1306/2013, on duly justified grounds, the United Kingdom may decide not to pursue recovery. Such a decision may be taken only if the costs already, and likely to be, incurred total more than the amount to be recovered, or if the recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity. If the decision has been taken within 4 years from the date of the recovery request or within 8 years where the recovery is taken to the national courts, 100 % of the financial consequences of the non-recovery should be borne by the Union budget. The amounts for which the United Kingdom decided not to pursue recovery and the grounds for the decision are shown in the summary report referred to in Article 54(4) of that Regulation. Therefore, such amounts should not be charged to the United Kingdom and are consequently borne by the Union budget. |
|
(11) |
In accordance with Article 51 of Regulation (EU) No 1306/2013, this Decision should be without prejudice to the decisions the Commission may take subsequently to exclude from Union financing expenditure not effected in accordance with Union rules, |
HAS ADOPTED THIS DECISION:
Article 1
The accounts of the paying agencies of the United Kingdom, ‘Department of Agriculture, Environment and Rural Affairs’, ‘The Scottish Government Rural Payments and Inspections Directorate’, ‘Welsh Government’ and ‘Rural Payments Agency’ are hereby cleared as regards debts arising from expenditure financed by the European Agricultural Guarantee Fund (EAGF) under the multiannual financial framework for the years 2014-2020 and previous financial perspectives, in accordance with Article 54 of Regulation (EU) No 1306/2013 for financial year 2022.
The amounts recoverable from, or payable to, the United Kingdom pursuant to this Decision, including those resulting from the application of Article 54(2) of Regulation (EU) No 1306/2013, are set out in the Annex to this Decision.
Article 2
This Decision is without prejudice to future conformity clearance decisions that the Commission may take pursuant to Article 52 of Regulation (EU) No 1306/2013 to exclude from Union financing expenditure not effected in accordance with Union rules.
Article 3
This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
Done at Brussels, 24 May 2023.
For the Commission
Janusz WOJCIECHOWSKI
Member of the Commission
(1) OJ L 435, 6.12.2021, p. 187.
(2) OJ L 347, 20.12.2013, p. 549.
(3) Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance of accounts, checks, securities and transparency (OJ L 20, 31.1.2022, p. 131).
(4) 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, p. 59).
ANNEX
Clearance of the Paying Agencies' accounts
Financial year 2022 - EAGF
Amount to be recovered from or paid to the United Kingdom
|
|
|
2022 - Expenditure / Assigned Revenue for the paying agencies for which the accounts are |
Total a + b |
Amount to be charged according to Article 54(2) of Regulation (EU) No 1306/2013 in relation to the EAGF |
Total |
Amount to be recovered from (-) or paid to (+) the United Kingdom (1) |
|
|
cleared |
disjoined |
||||||
|
= expenditure / assigned revenue declared in the annual declaration |
= total of the expenditure / assigned revenue in the monthly declarations |
||||||
|
|
|
a |
b |
c=a+b |
d |
e=c+d |
f=e |
|
UK |
GBP |
0,00 |
0,00 |
0,00 |
-19 336,80 |
-19 336,80 |
-19 336,80 |
|
UK |
EUR |
-1 474 812,20 |
0,00 |
-1 474 812,20 |
0,00 |
-1 474 812,20 |
-1 474 812,20 |
|
|
|
Expenditure (2) |
Assigned revenue (2) |
Article 54(2) (=d) |
Total (=f) |
|
0802 06 01 |
6200 |
6200 |
|||
|
g |
h |
i |
j=g+h+i |
||
|
UK |
GBP |
0,00 |
0,00 |
-19 336,80 |
-19 336,80 |
|
UK |
EUR |
0,00 |
-1 474 812,20 |
0,00 |
-1 474 812,20 |
|
NB: Nomenclature 2023 : 0802 06 01 , 6200 |
|||||
(1) For the calculation of the amount to be recovered from or paid to the United Kingdom the amount taken into account is, the total of the annual declaration for the expenditure cleared (col.a) or, the total of the monthly declarations for the expenditure disjoined (col.b). Applicable exchange rate: Article 11(1), first subparagraph, second sentence of the Commission Delegated Regulation (EU) No 907/2014.
(2) BL 08 02 06 01 shall be split between the negative corrections which become assigned revenue in BL 62 00 and the positive ones in favour of the United Kingdom which shall now be included on the expenditure side 08 02 06 01 as per article 43 of Regulation (EU) No 1306/2013.
