COMMISSION IMPLEMENTING REGULATION (EU) …/…

                                                of XXX

derogating in respect of the year 2022 from Article 75(1), third subparagraph, of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the level of advance payments for direct payments and area-related and animal-related rural development measures

COMMISSION IMPLEMENTING REGULATION (EU) …/…

of XXX

derogating in respect of the year 2022 from Article 75(1), third subparagraph, of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the level of advance payments for direct payments and area-related and animal-related rural development measures

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 485/2008¹, and in particular Article 75(3) thereof,

Whereas:

• Pursuant to Article 75(1), third subparagraph, of Regulation (EU) No 1306/2013, from 16 October to 30 November Member States may pay advances of up to 50% for direct payments under Regulation (EU) No 1307/2013 of the European Parliament and of the Council² and prior to 1 December they may pay advances of up to 75% for area-related and animal-related support measures under Regulation (EU) No 1305/2013 of the European Parliament and the Council³.

• Due to the crisis resulting from the COVID-19 pandemic in the Member States, farmers have encountered important economic and financial difficulties. Considering the specific vulnerability of these economic operators and for mitigating financial and cash flow consequences of that crisis, Commission Implementing Regulations (EU) 2020/531⁴ and (EU) 2021/1295⁵ allowed Member States to pay a higher level of advances to beneficiaries for the year 2020 and 2021 respectively. As the COVID-19 pandemic still persists in 2022 and farmers are still facing economic disruptions, which have been further accentuated by the consequences of Russia’s invasion of

OJ L347, 20.12.2013, p. 549.

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

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 (O.J. L 347, 20.12.2013, p. 487).

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

Commission Implementing Regulation (EU) 2021/1295 of 4 August 2021 derogating in respect of the year 2021 from the third subparagraph of Article 75(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the level of advance payments for direct payments and area-related and animal-related rural development measures,OJ L 282, 5.8.2021, p.3.

Ukraine has on the agri-food sector, Member States should be allowed to continue paying increased advance payments in respect of claim year 2022.

• The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Agricultural Funds, the Committee for Direct Payments and the Rural Development Committee,

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 75(1), third subparagraph, of Regulation (EU) No 1306/2013, in respect of claim year 2022 Member States may pay advances of up to 70% for the direct payments listed in Annex I to Regulation (EU) No 1307/2013 and of up to 85% for the support granted under rural development as referred to in Article 67(2) of Regulation (EU) No 1306/2013.

Article 2

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels,

For the Commission

The President

Ursula VON DER LEYEN

COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT

THE CHAIR

D 308809   26.07.2022

Mr Zdeněk Nekula

Minister of Agriculture, President-in-office of the Council

Mr Johannes Hahn

Commission for Budget and Administration

Mr Janusz Wojciechowski

Commissioner for Agriculture

IPOL-COM-AGRI D(2022)24163

Dear Minister Nekula,

Dear Commissioner Hahn,

Dear Commissioner Wojciechowski,

The Coordinators of the Committee on Agriculture and Rural Development have discussed the proposal on REPowerEU (procedure number 2022/164 (COD)) during their meeting of 12 July 2022. They have unanimously voiced their disagreement on any transfer from the European Agricultural Fund for Rural Development (EAFRD) to the Resilience and Recovery Facility (RRF) and stated that such transfers are not adequate.

With this letter, the Coordinators of the AGRI Committee would like to recall that the EAFRD already makes significant contribution to the Union’s green investments and energy savings, as

at least 35% of the total EAFRD contribution is earmarked for interventions related to climate and environmental measures. Energy production and use supported under the CAP, should concern energy that clearly displays the characteristics of sustainability, including greenhouse gases. During the CAP negotiations concluded last year, thanks to the Parliament, clear impact and result indicators were established to follow up on energy savings and the promotion of sustainable energy, such as indicators for supported investments in renewable energy, including bio-based energy.

Currently, the Member States’ national strategic plans are not yet validated and the exact allocations of funds are not yet known. However, they will directly contribute to most of the objectives set in REPowerEU without the need of additional transfers. AGRI Coordinators are of the opinion, as already stated by the REGI Committee, that any additional funding needs should be met through an upward revision of the Multiannual Financial Framework and/or through borrowing operations on the international financial markets.

Yours sincerely,

Norbert LINS

Comisia UE a decis să suspende rotația culturilor și reglementările privind retragerea din terenurile arabile din PAC pentru 2023. O decizie de mult așteptată!

Împreună cu colegii mei CDU/CSU, am luptat foarte mult pentru asta la Bruxelles în ultimele luni. Președintele Comisiei von der Leyen a învins împotriva rezistenței puternice din cadrul Comisiei, în special în jurul vicepreședintelui său Frans Timmermans.

Prin decizia de astăzi, alinam foamea în lume. Fermierii noștri își pot face partea pentru a asigura securitatea alimentară în Europa și în lume. Acum este de latitudinea Guvernului Federal German și a ministrului Özdemir să aprobe regulamentele în consecință! Nu mai sunt scuze!