(a) the financing of expenditure under the Common Agricultural Policy (CAP), including expenditure on rural development; (b) the farm advisory system; (c) the management and control systems to be put in place by the Member States; (d) the cross-compliance system; (e) clearance of accounts.
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
Modified by
- Regulation (EU) No 1310/2013 of the European Parliament and of the Councilof 17 December 2013laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), amending Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013of the European Parliament and of the Council as regards their application in the year 2014, 32013R1310, December 20, 2013
- Regulation (EU) 2016/791 of the European Parliament and of the Councilof 11 May 2016amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments, 32016R0791, May 24, 2016
- Regulation (EU) 2017/2393 of the European Parliament and of the Councilof 13 December 2017amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, 32017R2393, December 29, 2017
Corrected by
- Corrigendum 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, 32013R1306R(01), May 19, 2016
- Corrigendum 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, 32013R1306R(03), December 9, 2017
(a) "farmer", means a farmer within the meaning of Article 4 of Regulation (EU) 1307/2013; (b) "agricultural activity" means an agricultural activity within the meaning of Article 4 of Regulation (EU) 1307/2013; (c) "agricultural area" means an agricultural area within the meaning of Article 4 of Regulation (EU) 1307/2013; (d) "holding" means holding within the meaning of Article 4 of Regulation (EU) 1307/2013, save as provided for in Article 91(3); (e) "direct payments" means direct payments within the meaning of Article 1 of Regulation (EU) 1307/2013; (f) "sectoral agricultural legislation" means any applicable acts adopted within the framework of the CAP on the basis of Article 43 TFEU as well as, where applicable, any delegated or implementing acts adopted on the basis of such acts, and Part Two of Regulation (EU) No 1303/2013 insofar as it applies to the EAFRD; (g) "irregularity" means an irregularity within the meaning of Article 1(2) of Regulation (EC, Euratom) No 2988/95.
(a) the death of the beneficiary; (b) long-term professional incapacity of beneficiary; (c) a severe natural disaster gravely affecting the holding; (d) the accidental destruction of livestock buildings on the holding; (e) an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively; (f) expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application.
(a) the European Agricultural Guarantee Fund (EAGF); (b) the European Agricultural Fund for Rural Development (EAFRD).
(a) measures regulating or supporting agricultural markets; (b) direct payments to farmers under the CAP; (c) the Union's financial contribution to information and promotion measures for agricultural products on the internal market of the Union and in third countries, undertaken by Member States on the basis of programmes other than those referred to in Article 5 and which are selected by the Commission; (d) the Union's financial contribution to the measures related to animal diseases and loss of consumer confidence as referred to in Article 220 of Regulation (EU) No 1308/2013.
(a) promotion of agricultural products, undertaken either directly by the Commission or through international organisations; (b) measures, taken in accordance with Union law, to ensure the conservation, characterisation, collection and utilisation of genetic resources in agriculture; (c) the establishment and maintenance of agricultural accounting information systems; (d) agricultural survey systems, including surveys on the structure of agricultural holdings.
(a) measures required for the analysis, management, monitoring, information exchange and implementation of the CAP, as well as measures relating to the implementation of control systems and technical and administrative assistance; (b) the acquisition by the Commission of the satellite images required for the checks in accordance with Article 21; (c) the measures taken by the Commission through remote-sensing applications used for the monitoring of agricultural resources in accordance with Article 22; (d) measures required to maintain and develop methods and technical means for information, interconnection, monitoring and control of the financial management of the funds used to finance the CAP; (e) provision of information on the CAP in accordance with Article 45; (f) studies on the CAP and evaluations of measures financed by the Funds, including improvement of evaluation methods and exchange of information on practices under the CAP; (g) where relevant, executive agencies that are set up in accordance with Council Regulation (EC) No 58/2003 Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (OJ L 11, 16.1.2003, p. 1 ).(h) measures relating to dissemination of information, raising awareness, promoting cooperation and exchanging experience at Union level, taken in the context of rural development, including the networking of the parties concerned; (i) measures required for the development, registration and protection of logos within the framework of the Union quality policies and for the protection of intellectual property rights linked to it, as well as the necessary information technology (IT) developments.
(a) the annual accounts for the expenditure effected in carrying out the tasks entrusted to their accredited paying agencies, accompanied by the requisite information for their clearance in accordance with Article 51; (b) a management declaration as to the completeness, accuracy and veracity of the accounts and the proper functioning of the internal control systems, based on objective criteria, as well as to the legality and regularity of the underlying transactions; (c) an annual summary of the final audit reports and of controls carried out, including an analysis of the nature and extent of the errors and of weaknesses in systems identified, as well as corrective action to be taken or planned.
(a) to collect the information to be made available to the Commission and to send that information to the Commission; (b) to take or coordinate, as the case may be, actions with a view to resolving any deficiencies of a common nature and keep the Commission informed of any follow-up; (c) to promote and, where possible, ensure harmonised application of the Union rules.
(a) the minimum conditions for the accreditation of paying agencies and of the coordinating bodies referred to in Article 7(2) and in Article 7(4), respectively; (b) the obligations of the paying agencies as regards public intervention, as well as the rules on the content of their management and control responsibilities.
(a) the procedures for issuing, withdrawing and reviewing accreditation of paying agencies and coordinating bodies, as well as the procedures for the supervision of the accreditation of paying agencies; (b) the work and checks underlying the management declaration of the paying agencies; (c) the functioning of the coordinating body and the notification of information to the Commission as referred to in Article 7(4).
(a) the audit principles on which the opinions of the certification bodies are based, including an assessment of the risks, internal controls and the level of audit evidence required; (b) the audit methods to be used, by the certification bodies, having regard to international standards on auditing, to deliver their opinions, including, where appropriate, the use of a single integrated sample for each population and, where appropriate, the possibility to accompany paying agencies' on-the-spot checks
(a) obligations at farm level resulting from the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI; (b) the agricultural practices beneficial for the climate and the environment as laid down in Chapter 3 of Title III of Regulation (EU) No 1307/2013 and the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of Regulation (EU) No 1307/2013; (c) measures at farm level provided for in rural development programmes for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as for the promotion of entrepreneurship; (d) requirements, at the level of beneficiaries as defined by Member States for implementing Article 11(3) of Directive 2000/60/EC; (e) requirements at the level of beneficiaries as defined by Member States for implementing Article 55 of Regulation (EC) No 1107/2009, in particular the requirement referred to in Article 14 of Directive 2009/128/EC.
(a) the promotion of conversions of farms and the diversification of their economic activity; (b) risk management and the introduction of appropriate preventive actions to address natural disasters, catastrophic events and animal and plant diseases; (c) the minimum requirements established by national law, as referred to in Article 28(3) and 29(2) of Regulation (EU) No 1305/2013; (d) the information related to climate change mitigation and adaptation, biodiversity and protection of water, as set out in Annex I to this Regulation.
(a) the type of measures eligible for Union financing and the reimbursement conditions; (b) the eligibility conditions and calculation methods based on the information actually observed by the paying agencies or based on flat-rates determined by the Commission, or based on flat-rate or non-flat-rate amounts provided for by the sectoral agricultural legislation.
(a) manage Union agricultural markets in a global context; (b) ensure agri-economic and agri-environmental monitoring of agricultural land, including agro-forestry, and monitoring of the condition of crops so as to enable estimates to be made, in particular as regards yields and agricultural production; (c) share the access to such estimates in an international context, such as those initiatives coordinated by United Nations organisations or other international agencies; (d) contribute to transparency of world markets; and (e) ensure technological follow-up of the agri-meteorological system.
(a) rules relating to the financing pursuant to points (b) and (c) of Article 6, (b) the procedure under which the measures referred to in Articles 21 and 22 shall be carried out in order to meet the objectives assigned, (c) the framework governing the acquisition, enhancing and utilisation of satellite images and meteorological data, and the applicable deadlines.
(a) consider the requests presented by Member States pro rata and within the limit of the available budget, and shall, adopt implementing acts, setting provisionally the amount of the payments for the month concerned; (b) determine, for all Member States, at the latest by 28 February of financial year N + 1, their situation with regard to Union financing for the financial year N; (c) adopt implementing acts setting the total amount of Union financing broken down by Member State, on the basis of a single rate of Union financing, within the limit of the budget which was available for the monthly payments; (d) effect, at the latest when the monthly payments are made for March of year N+1, any compensation to be carried out with respect to Member States.
(a) the average euro/US dollar exchange rate actually recorded on the market from 1 August of the previous financial year until the end of the latest quarter ending at least 20 days before adoption of the budget document by the Commission and at the latest on 31 July of the current financial year, and (b) the average exchange rate actually recorded during the latest quarter ending at least 20 days before adoption of the budget document by the Commission, as a forecast for the remainder of the financial year.
(a) in 2014: 1 % of the amount of support from the EAFRD for the entire programming period to the programme and 1,5 % of the amount of support from the EAFRD for the entire programming period to the programme, where a Member State has been receiving financial assistance since 2010, either in accordance with Articles 122 and 143 TFEU, or from the European Financial Stability Facility (EFSF), or is receiving financial assistance on 31 December 2013 in accordance with Articles 136 and 143 TFEU;(b) in 2015: 1 % of the amount of support from the EAFRD for the entire programming period to the programme and 1,5 % of the amount of support from the EAFRD for the entire programming period to the programme where a Member State has been receiving financial assistance since 2010, either in accordance with Articles 122 and 143 TFEU, or from the EFSF, or is receiving financial assistance on 31 December 2014 in accordance with Articles 136 and 143 TFEU;(c) in 2016: 1 % of the amount of support from the EAFRD for the entire programming period to the programme.
(a) transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c); (b) no overrun of the total EAFRD contribution to each measure for the entire period covered by the programme concerned; (c) transmission to the Commission of the last annual progress report on the implementation of the rural development programme.
(a) that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the Commission at 31 December of year N + 3; (b) that part of the budget commitments which a paying agency has been unable to disburse for reasons of force majeure seriously affecting the implementation of the rural development programme. National authorities claiming force majeure shall demonstrate the direct consequences on the implementation of all or part of the programme.
(a) the deficiencies referred to in the first subparagraph are of a continuous nature and have been the reason for at least two implementing acts pursuant to Article 52, excluding from Union financing expenditure from the Member State concerned; or (b) the Commission concludes that the Member State concerned is not in a position to implement in the immediate future the necessary remedial measures in accordance with an action plan with clear progress indicators, to be established in consultation with the Commission.
(a) sums which under Articles 40, 52 and 54 and, as regards expenditure under the EAGF, under Article 41(2) and Article 51 must be paid to the Union's budget, including interest thereon; (b) sums which are collected or recovered under Section III of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007; (c) sums which have been collected as a consequence of penalties in accordance with the specific rules laid down in Union sectoral agricultural legislation, save if that legislation explicitly provides that those amounts may be retained by the Member States; (d) amounts corresponding to penalties applied in accordance with the rules on cross-compliance laid down in Chapter II of Title VI, as regards expenditure under EAGF; (e) any security, deposit or guarantee furnished pursuant to Union law adopted within the framework of the CAP, excluding rural development, and subsequently forfeited. However, forfeited securities lodged when issuing export or import licences or under a tendering procedure for the sole purpose of ensuring that tenderers submit genuine tenders shall be retained by the Member States.
(a) annual work programmes or other specific measures presented by third parties; (b) activities implemented on the initiative of the Commission.
(a) the list of measures which fall under Article 42; (b) the rate of suspension of payments referred to in that Article.
(a) the financing and accounting of intervention measures in the form of public storage, and other expenditure financed by the Funds; (b) the terms and conditions governing the implementation of the automatic decommitment procedure; (c) the procedure and other practical arrangements for the proper functioning of the mechanism provided for in Article 42.
(a) compliance of administrative practices with Union rules; (b) the existence of the requisite supporting documents and their correlation with the operations financed by the EAGF or the EAFRD; (c) the terms on which the operations financed by the EAGF or the EAFRD were undertaken and checked. (d) whether a paying agency complies with the accreditation criteria laid down in Article 7(2) and whether the Member State correctly applies the provisions of Article 7(5).
(a) the procedures relating to the specific obligations which the Member States have to comply with in relation to the checks provided for in this Chapter; (b) the procedures relating to the cooperation obligations to be complied with by the Member States for the implementation of Articles 47 and 48; (c) the procedures and other practical arrangements relating to the reporting obligation referred to in Article 48(3); (d) the conditions under which the supporting documents referred to in Article 49 are to be kept, including their form and the time period of their storage.
(a) expenditure as indicated in Article 4(1) which is effected more than 24 months before the Commission notifies the Member State in writing of its inspection findings; (b) expenditure on multiannual measures falling within the scope of Article 4(1) or within the scope of the programmes as indicated in Article 5, where the final obligation on the recipient occurs more than 24 months before the Commission notifies the Member State in writing of its inspection findings; (c) expenditure on measures in programmes, as indicated in Article 5, other than those referred to in point (b) of this paragraph, for which the payment or, as the case may be, the final payment, by the paying agency, is made more than 24 months before the Commission notifies the Member State in writing of its inspection findings.
(a) irregularities covered by Section III of this Chapter; (b) national aids for which the Commission has initiated the procedure laid down in Article 108(2) TFEU or infringements which the Commission has notified to the Member State concerned by a letter of formal notice in accordance with Article 258 TFEU; (c) infringements by Member States of their obligations under Chapter III of Title V of this Regulation, provided that the Commission notifies the Member State in writing of its inspection findings within 12 months following receipt of the Member State's report on the results of its checks on the expenditure concerned.
(a) the clearance of accounts provided for in Article 51 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States and the deadlines to be respected; (b) the conformity clearance provided for in Article 52 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States and the deadlines to be respected as well as the conciliation procedure provided for in that Article, including the establishment, tasks, composition and working arrangements of the conciliation body.
(a) where the costs already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if: (i) the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed EUR 100; or (ii) the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, falls between EUR 100 and EUR 250 and the Member State concerned applies a threshold equal to or higher than the amount to be recovered under its national law for not pursuing national debts.
(b) where recovery proves impossible owing to the insolvency, recorded and recognised under national law, of the debtor or the persons legally responsible for the irregularity.
(a) if the Member State has not respected the time limits referred to in paragraph 1; (b) if it considers that the decision not to pursue recovery taken by a Member State pursuant to paragraph 3 is not justified; (c) if it considers that an irregularity or lack of recovery is the outcome of irregularity or negligence attributable to the administrative authorities or another official body of the Member State.
(a) the procedures for the recovery of undue payments and interest as set out in this Section and for keeping the Commission apprised of pending recoveries; (b) the forms of notification and communication to be made by the Member States to the Commission in relation to the obligations set out in this Section.
(a) check the legality and regularity of operations financed by the Funds; (b) ensure effective prevention against fraud, especially in areas with a higher level of risk, and which will act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures; (c) prevent, detect and correct irregularities and fraud; (d) impose penalties which are effective, dissuasive and proportionate in accordance with Union law, or failing this, national law, and bring legal proceedings to that effect, as necessary; (e) recover undue payments plus interest, and bring legal proceedings to that effect as necessary.
(a) the procedures, deadlines, exchange of information in relation to the obligations as set out in paragraphs 1 and 2; (b) the notification and communication to be made by the Member States to the Commission in relation to the obligation set out in paragraph 3.
(a) the computerised database; (b) the identification systems for agricultural parcels; (c) the administrative checks.
(a) rules on administrative and on-the-spot checks to be conducted by the Member States with regard to the respect of obligations, commitments and eligibility criteria resulting from the application of Union law; (b) rules on the minimum level of on-the-spot checks and on the obligation to increase it or the possibility of reducing it as set out in Article 59(5); (c) the rules and methods applicable to the reporting of the checks and verifications carried out and their results; (d) the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks are to apply; (e) with regard to hemp as referred to in Article 32 of Regulation (EU) No 1307/2013, rules on the specific control measures and methods for determining tetrahydrocannabinol levels; (f) with regard to cotton as referred to in Article 56 of Regulation (EU) No 1307/2013, a system for checks of the approved interbranch organisations; (g) with regard to wine as referred to in Regulation (EU) No 1308/2013, rules on the measurement of areas, on checks and on rules governing the specific financial procedures for the improvement of checks; (h) the cases in which aid applications and payments claims or any other communications, claims or requests may be corrected and adjusted after their submission, as referred to in Article 59(6); (i) the tests and methods to be applied in order to establish the eligibility of products for public intervention and private storage, as well as the use of tendering procedures, both for public intervention and for private storage.
(a) the application and calculation of the partial or total withdrawal referred to in paragraph 1; (b) the recovery of undue payments and penalties as well as in respect of unduly allocated payment entitlements and the application of interest.
(a) where the non-compliance is due to force majeure; (b) where the non-compliance is due to obvious errors as referred to in Article 59(6); (c) where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty; (d) where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault; (e) where the non-compliance is of a minor nature, including where expressed in the form of a threshold, to be set by the Commission in accordance with point (b) of paragraph 7; (f) other cases in which the imposition of a penalty is not appropriate, to be defined by the Commission in accordance with point (b) of paragraph 6.
(a) a reduction in the amount of aid or support to be paid in relation to the aid application or payment claim affected by the non-compliance or further applications; however as regards rural development support, this shall be without prejudice to the possibility of suspending the support where it can be expected that the non-compliance can be addressed by the beneficiary within a reasonable time; (b) payment of an amount calculated on the basis of the quantity and/or the period concerned by the non-compliance; (c) suspension or withdrawal of an approval, recognition or authorisation; (d) exclusion from the right to participate in or benefit from the aid scheme or support measure or other measure concerned;
(a) the amount of the administrative penalty as referred to in point (a) of paragraph 4 shall not exceed 200 % of the amount of the aid application or payment claim; (b) notwithstanding point (a), as regards rural development, the amount of the administrative penalty, as referred to in point (a) of paragraph 4, shall not exceed 100 % of the eligible amount; (c) the amount of the administrative penalty, as referred to in point (b) of paragraph 4, shall not exceed an amount comparable to the percentage referred to in point (a) of this paragraph; (d) the suspension, withdrawal or exclusion referred to in points (c) and (d) of paragraph 4 may be set at a maximum of three consecutive years which may be renewed in the case of any new non-compliance.
(a) identifying, for each aid scheme or support measure and person concerned as referred to in paragraph 3, from the list set out in paragraph 4 and within the limits laid down in paragraph 5, the administrative penalty and determining the specific rate to be imposed by Member States including in cases of non-quantifiable non-compliance; (b) identifying the cases in which the administrative penalties are not to be imposed, as referred to in point (f) of paragraph 2.
(a) the application and calculation of the administrative penalties; (b) the detailed rules for identifying a non-compliance as minor, including the setting of a quantitative threshold expressed as a nominal value or a percentage of the eligible amount of aid or support, which as regards rural development support shall not be less than 3 % and which as regards all other aid or support shall not be less than 1 %; (c) the rules identifying the cases in which, due to the nature of the penalties, Member States may retain the penalties recovered.
(a) specifying the responsible party in the event that an obligation is not met; (b) laying down the specific situations in which the competent authority may waive the requirement of a security; (c) laying down the conditions applying to the security to be lodged and the guarantor and the conditions for lodging and releasing that security; (d) laying down the specific conditions related to the security lodged in connection with advance payments; (e) setting out the consequences of breaching the obligations for which a security has been lodged, as provided for in paragraph 1, including the forfeiting of securities, the rate of reduction to be applied on release of securities for refunds, licences, offers, tenders or specific applications and when an obligation covered by that security has not been met either wholly or in part, taking into account the nature of the obligation, the quantity for which the obligation has been breached, the period exceeding the time limit by which the obligation should have been met and the time by which evidence that the obligation has been met is produced.
(a) the form of the security to be lodged and the procedure for lodging the security, for accepting it, and for replacing the original security; (b) the procedures for the release of a security; (c) the notifications to be made by Member States and by the Commission.
(a) "agricultural parcel" means a continuous area of land, declared by one farmer, which does not cover more than one single crop group; however, where a separate declaration of the use of an area within a crop group is required in the context of Regulation (EU) No 1307/2013, that specific use shall if necessary further limit the agricultural parcel; Member States may lay down additional criteria for further delimitation of an agricultural parcel; (b) "area-related direct payment" means the basic payment scheme; the single area payment scheme and the redistributive payment referred to in Chapters 1 and 2 of Title III of Regulation (EU) No 1307/2013; the payment for agricultural practices beneficial for the climate and the environment referred to in Chapter 3 of Title III of Regulation (EU) No 1307/2013; the payment for areas with natural constraints referred to in Chapter 4 of Title III of Regulation (EU) No 1307/2013; the payment for young farmers referred to in Chapter 5 of Title III of Regulation (EU) No 1307/2013; the voluntary coupled support referred to in Chapter 1 of Title IV, where the support is paid per hectare; the crop specific payment for cotton referred to in Chapter 2 of Title IV; the small farmers scheme as referred to in Title V of Regulation (EU) No 1307/2013; specific measures for agriculture in the outermost regions of the Union as referred to in Chapter IV of Regulation (EU) No 228/2013 of the European Parliament and of the Council Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23 ).Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41 ).
(a) a computerised database; (b) an identification system for agricultural parcels; (c) a system for the identification and registration of payment entitlements; (d) aid applications and payment claims; (e) an integrated control system; (f) a single system to record the identity of each beneficiary of the support referred to in Article 67(2) who submits an aid application or a payment claim.
(a) all the agricultural parcels on the holding, as well as the non-agricultural area for which support referred to in Article 67(2) is claimed; (b) the payment entitlements declared for activation; (c) any other information provided for in this Regulation or required with a view to the implementation of the relevant sectoral agricultural legislation or by the Member State concerned.
(a) agricultural parcels of an area of up to 0,1 ha on which an application for payment is not made do not need to be declared, provided that the sum of such parcels does not exceed 1 ha, and/or may decide that a farmer who does not apply for any area-based direct payment does not have to declare his agricultural parcels in the case where the total area does not exceed 1 ha. In all cases, the farmer shall indicate in his application that he has agricultural parcels at his disposal and, at the request of the competent authorities, shall indicate their location; (b) farmers participating in the small farmer scheme as referred to in Title V of Regulation (EU) No 1307/2013 do not need to declare the agricultural parcels on which an application for payment is not made, unless such a declaration is required for the purpose of other aid or support.
(a) are valid if the beneficiary confirms the absence of changes with respect to the aid application and the payment claim submitted the previous year, (b) need to contain only changes with respect to the aid application and the payment claim submitted for the previous year.
(a) prior to 1 December but not before 16 October, pay advances of up to 50 % for direct payments; (b) prior to 1 December, pay advances of up to 75 % for the support granted under rural development as referred to in Article 67(2).
(a) specific definitions needed to ensure a harmonised implementation of the integrated system, in addition to those provided for in Regulation (EU) No 1307/2013 and Regulation (EU) No 1305/2013; (b) with regards to Articles 67 to 75, rules on further measures necessary to ensure the compliance with control requirements laid down in this Regulation or in sectoral agricultural legislation to be taken by the Member States in respect of producers, services, bodies, organisations or other operators, such as slaughterhouses or associations involved in the procedure for the granting of the aid, where this Regulation does not provide for relevant administrative penalties; such measures shall as far as possible, follow, mutatis mutandis, the provisions on penalties set out in paragraphs (1) to (5) of Article 77.
(a) the basic features, technical rules, including, for the update of reference parcels, appropriate tolerance margins taking into account the outline and condition of the parcel, and including rules on the inclusion of landscape features located adjacent to a parcel, and quality requirements for the identification system for agricultural parcels provided for in Article 70 and for the identification of the beneficiaries as provided for in Article 73; (b) the basic features, technical rules and quality requirements of the system for the identification and registration of payment entitlements provided for in Article 71; (c) the rules to establish the definition of the basis for the calculation of aid, including rules on how to deal with certain cases in which eligible areas contain landscape features or trees; such rules shall allow Member States for areas under permanent grassland to consider scattered landscape features and trees, the total area of which does not exceed a certain percentage of the reference parcel, to be automatically part of the eligible area without a requirement to map them for that purpose.
(a) where the non-compliance is due to force majeure; (b) where the non-compliance is due to obvious errors as referred to in Article 59(6); (c) where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty; (d) where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault; (e) where the non-compliance is of a minor nature, including where expressed in the form of a threshold, to be set by the Commission in accordance with point (b) of paragraph 7; (f) other cases in which the imposition of a penalty is not appropriate, to be defined by the Commission in accordance with point (b) of paragraph 7.
(a) a reduction in the amount of aid or support paid or to be paid in relation to the aid applications or payment claims affected by the non-compliance and/or in relation to aid applications or payment claims for previous or subsequent years; (b) payment of an amount calculated on the basis of the quantity and/or the period concerned by the non-compliance; (c) exclusion from the right to participate in the aid scheme or support measure concerned.
(a) the amount of the administrative penalty for a given year, as referred to in point (a) of paragraph 4, shall not exceed 100 % of the amounts of the aid applications or payment claims; (b) the amount of the administrative penalty for a given year, as referred to in point (b) of paragraph 4, shall not exceed 100 % of the amount of the aid applications or payment claims to which the penalty is applied; (c) the exclusion referred to in point (c) of paragraph 4 may be set at a maximum of three consecutive years, which may apply again in the case of any new non-compliance.
(a) identifying, for each aid scheme or support measure and person concerned as referred to in paragraph 3 from the list set out in paragraph 4 and within the limits laid down in paragraphs 5 and 6, the administrative penalty and determining the specific rate to be imposed by Member States, including in cases of non-quantifiable non-compliance; (b) identifying, the cases in which the administrative penalties are not to be imposed, as referred to in point (f) of paragraph 2.
(a) rules on the application and calculation of the administrative penalties; (b) the detailed rules for identifying a non-compliance as minor, including the setting of a quantitative threshold expressed as a nominal value or a percentage of the eligible amount of aid or support which shall not be less than 0,5 %.
(a) the basic features, technical rules and quality requirements for the computerised database provided for in Article 69; (b) rules on the aid applications and payments claims provided for in Article 72, and applications for payment entitlements, including the final date for submission of applications, the requirements as to the minimum amount of information to be included in applications, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit aid applications and provisions which allow Member States to apply simplified procedures or to correct obvious errors; (c) rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim, including rules on measurement tolerances for on-the-spot checks; (d) technical specifications needed for the purpose of the uniform implementation of this Chapter; (e) rules on situations of transfer of holdings accompanied by the transfer of any obligation concerning eligibility in respect of the aid in question which still needs to be fulfilled; (f) rules on the payment of the advances referred to in Article 75.
(a) "commercial document" means all books, registers, vouchers and supporting documents, accounts, production and quality records, and correspondence relating to the undertaking's business activity, as well as commercial data, in whatever form they may take, including electronically stored data, in so far as these documents or data relate directly or indirectly to the transactions referred to in paragraph 1; (b) "third party" means any natural or legal person directly or indirectly connected with transactions carried out within the financing system by the EAGF.
(a) comparisons with the commercial documents of suppliers, customers, carriers and other third parties; (b) physical checks, where appropriate, upon the quantity and nature of stocks; (c) comparison with the records of financial flows leading to or consequent upon the transactions carried out within the financing system by the EAGF; and (d) checks, in relation to bookkeeping, or records of financial movements showing, at the time of the scrutiny, that the documents held by the paying agency by way of justification for the payment of aid to the beneficiary are accurate.
(a) where an undertaking or third party is established in a Member State other than that in which payment of the amount in question has or should have been made or received; (b) where an undertaking or third party is established in a Member State other than that in which the documents and information required for scrutiny are to be found.
(a) the number of undertakings to be scrutinised and their breakdown by sector on the basis of the amounts relating to them; (b) the criteria adopted for drawing up the programme.
(a) the performance of the scrutiny provided for in this Chapter by officials employed directly by that special department; or (b) the coordination and general surveillance of the scrutiny carried out by officials belonging to other departments.
(a) the performance of the scrutiny referred to in Article 80 as regards the selection of undertakings, rate and the calendar for the scrutiny; (b) the conservation of commercial documents and the types of documents to maintain or data to record; (c) the performance and coordination of joint actions referred to in Article 83(1); (d) the details and specifications regarding the content, form and means of submission of requests, the content, form and means of notification, submission and exchange of information required in the framework of this Chapter; (e) conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the competent authorities of the Member States of the information needed in the framework of this Regulation; (f) the responsabilities of the special department referred to in Article 85; (g) the content of reports referred to in Article 86.
(a) the establishment of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States; (b) rules on control bodies and the mutual assistance between them; (c) rules on the common use of the findings of Member States;
(a) the procedures relating to Member States' own databanks and to the analytical databank of isotopic data that will help detect fraud; (b) the procedures relating to cooperation and assistance between control authorities and bodies; (c) as regards the obligation referred to in paragraph 3, rules for performing the checks of compliance with marketing standards, rules on the authorities responsible for performing the checks, as well as on the content, the frequency and the marketing stage to which those checks are to apply.
(a) the communications to be made by the Member States to the Commission; (b) rules on the authority responsible for the verification of compliance with the product specification, including where the geographical area is in a third country; (c) the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin, protected geographical indications and protected traditional terms; (d) the checks and verification to be carried out by the Member States, including testing.
(a) the non-compliance is related to the agricultural activity of the beneficiary; (b) the area of the holding of the beneficiary is concerned.
(a) 'holding' means all the production units and areas managed by the beneficiary referred to in Article 92 situated within the territory of the same Member State; (b) "requirement" means each individual statutory management requirement under Union law referred to in Annex II within a given act, differing in substance from any other requirements of the same act.
(a) environment, climate change and good agricultural condition of land; (b) public, animal and plant health; (c) animal welfare.
(a) a farmer's participation in the farm advisory system as provided for in Title III of this Regulation; (b) a farmer's participation in a certification system, if it covers the requirements and standards concerned.
(a) from 1 January 2014 for SMR 1 to SMR 3 and SMR 6 to SMR 8;(b) from 1 January 2016 for SMR 4, SMR 5, SMR 9 and SMR 10;(c) from 1 January 2018 for SMR 11 to SMR 13.
(a) establishing a harmonised basis for calculation of administrative penalties due to cross-compliance referred to in Article 99, taking into account reductions due to financial discipline; (b) laying down the conditions for the application and calculation of the administrative penalties due to cross-compliance, including in the case of non-compliance directly attributable to the beneficiary concerned.
(a) for accredited paying agencies and accredited coordinating bodies: (i) their accreditation document; (ii) their function (accredited paying agency or accredited coordinating body); (iii) where relevant, the withdrawal of their accreditation,
(b) for certification bodies: (i) their name; (ii) their address,
(c) for measures relating to operations financed by the Funds: (i) declarations of expenditure, which also act as payment requests, signed by the accredited paying agency or the accredited coordinating body and accompanied by the requisite information; (ii) estimates of their financial requirements, with regard to the EAGF and, with regard to the EAFRD, an update of estimated declarations of expenditure which will be submitted during the year and estimated declarations of expenditure in respect of the following financial year; (iii) the management declaration and the annual accounts of the accredited paying agencies; (iv) an annual summary of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules.
(a) the form, content, intervals, deadlines and arrangements for transmitting or making available to the Commission: (i) declarations of expenditure and estimates of expenditure and their updates, including assigned revenue; (ii) management declaration and annual accounts of the paying agencies, as well as the results of all available audits and controls carried out; (iii) the account certification reports; (iv) the names and particulars of accredited paying agencies, accredited coordinating bodies and certification bodies; (v) arrangements for taking account of and paying expenditure financed by the Funds; (vi) notifications of financial adjustments made by Member States in connection with rural development operations or programmes, and summary reports on the recovery procedures undertaken by the Member States in response to irregularities; (vii) information on the measures taken pursuant to Article 58.
(b) the arrangements governing exchanges of information and documents between the Commission and the Member States, and the implementation of information systems, including the type, format and content of data to be processed by these systems and the corresponding data storage rules; (c) the notification to the Commission by Member States of information, documents, statistics and reports, as well as the deadlines and methods for their notification.
(a) the completion of customs import or export formalities in the case of amounts collected or granted in trade with third countries; (b) the event whereby the economic objective of the operation is attained in all other cases.
(a) actual applicability as soon as possible of adjustments to the exchange rate; (b) similarity of the operative events for analogous operations carried out under the market organisation; (c) coherence in the operative events for the various prices and amounts relating to the market organisation; (d) practicability and effectiveness of checks on the application of suitable exchange rates.
(a) where a country uses abnormal exchange techniques such as multiple exchange rates or operates barter agreements; (b) where countries have currencies which are not quoted on official foreign exchange markets or where the trend in such currencies is likely to create distortion in trade.
(a) the direct payments provided for in Regulation (EU) No 1307/2013; (b) the market measures provided for in Regulation (EU) No 1308/2013; (c) the rural development measures provided for in Regulation (EU) No 1305/2013 and of, (d) the provisions of this Regulation.
(a) viable food production, with a focus on agricultural income, agricultural productivity and price stability; (b) sustainable management of natural resources and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water; (c) balanced territorial development, with a focus on rural employment, growth and poverty in rural areas.
(a) for the direct payments provided for in Regulation (EU) No 1307/2013, the market measures provided for in Regulation (EU) No 1308/2013 and the provisions of this Regulation, the Commission shall monitor these instruments based on reporting by Member States in accordance with the rules laid down in these regulations. The Commission shall establish a multi-annual evaluation plan with periodic evaluations of specific instruments to be carried out under Commission responsibility. Evaluations shall be carried out timely and by independent evaluators. (b) the monitoring and evaluation of rural development policy intervention will be carried out according to Articles 67 to 79 of Regulation (EU) No 1305/2013.
(a) without prejudice to the first paragraph of Article 112 of this Regulation, the name of the beneficiary, as follows: (i) the first name and the surname where the beneficiary is a natural person; (ii) the full legal name as registered where the beneficiary is a legal person with the autonomous legal personality pursuant to the legislation of the Member State concerned; (iii) the full name of the association as registered or otherwise officially recognised where the beneficiary is an association without an own legal personality;
(b) the municipality where the beneficiary is resident or is registered and, where available, the postal code or the part thereof identifying the municipality; (c) the amounts of payment corresponding to each measure financed by the Funds received by each beneficiary in the financial year concerned; (d) the nature and the description of the measures financed by either of the Funds and under which the payment referred to in point (c) is awarded.
(a) in the case of Member States establishing the Small farmers scheme provided for in Title V of Regulation (EU) No 1307/2013, where the amount of aid received in one year by a beneficiary is equal to or less than the amount fixed by the Member State as referred to in the second subparagraph of Article 63(1) or the second subparagraph of Article 63(2) of that Regulation; (b) in the case of Member States not establishing the Small farmers scheme provided for in Title V of Regulation (EU) No 1307/2013, where the amount of aid received in one year by a beneficiary is equal to or less than EUR 1250 .
(a) the form, including the way of presentation by measure, and the calendar of the publication foreseen in Articles 111 and 112; (b) the uniform application of Article 113; (c) the cooperation between the Commission and Member States.
(a) Articles 7, 8, 16, 25, 26 and 43, from 16 October 2013 ;(b) Article 52, Title III, Chapter II of Title V and Title VI, from 1 January 2015 .
(a) Articles 9, 18, 40 and 51 shall apply to expenditure effected from 16 October 2013 ;(b) Chapter IV of Title VII shall apply to payments made from agricultural financial year 2014 onwards.
Information on the prospective impact of climate change in the relevant regions, of the green house gas emissions of the relevant farming practices and on the contribution of the agricultural sector to mitigation through improved farming and agroforestry practices and through the development of renewable energy projects on farm and energy efficiency improvement on farm. Information helping farmers to plan how best to invest in "climate-proofing" their farm systems, and which Union funds they can use to do so; and in particular, information on adapting farmland to climatic fluctuations and longer term changes and information on how to adopt practical agronomic measures to increase the resilience of farming systems to floods and droughts as well as information on how to improve and optimise soil carbon levels.
Information on the positive correlation between biodiversity and agro-ecosystem resilience, and the spreading of risk, and also the link between monocultures and susceptibility to crop failure/damage from pests and extreme climatic events Information on how to best prevent the spread of alien invasive species and why this is important for the effective functioning of the ecosystem and for its resilience to climate change, including information on access to funding for eradication schemes where additional costs are implied
Information on sustainable, low-volume irrigation systems and how to optimise rain-fed systems, in order to promote efficient water use. Information on reducing water use in agriculture, including crop choice, on improving soil humus to increase water retention and on reducing the need to irrigate.
Exchange of best practice, training and capacity building (applicable to Climate change mitigation and adaptation, Biodiversity and Protection of water as mentioned above in this Annex).
| Area | Main Issue | Requirements and standards | ||
|---|---|---|---|---|
| Environment, climate change, good agricultural condition of land | Water | SMR 1 | Council Directive 91/676/EEC of | Articles 4 and 5 |
| GAEC 1 | Establishment of buffer strips along water courses | |||
| GAEC 2 | Where use of water for irrigation is subject to authorisation, compliance with authorisation procedures | |||
| GAEC 3 | Protection of ground water against pollution: prohibition of direct discharge into groundwater and measures to prevent indirect pollution of groundwater through discharge on the ground and percolation through the soil of dangerous substances, as listed in the Annex to Directive 80/68/EEC in its version in force on the last day of its validity, as far as it relates to agricultural activity | |||
| Soil and carbon stock | GAEC 4 | Minimum soil cover | ||
| GAEC 5 | Minimum land management reflecting site specific conditions to limit erosion | |||
| GAEC 6 | Maintenance of soil organic matter level through appropriate practices including ban on burning arable stubble, except for plant health reasons | |||
| Biodiversity | SMR 2 | Directive 2009/147/EC of the European Parliament and of the Council of | Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) | |
| SMR 3 | Council Directive 92/43/EEC of | Article 6(1) and (2) | ||
| Landscape, minimum level of maintenance | GAEC 7 | Retention of landscape features, including where appropriate, hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season and, as an option, measures for avoiding invasive plant species | ||
| Public health, animal health and plant health | Food safety | SMR 4 | Regulation (EC) No 178/2002 of the European Parliament and of the Council of | Articles 14 and 15, Article 17(1) |
| SMR 5 | Council Directive 96/22/EC of | Article 3(a), (b), (d) and (e) and Articles 4, 5 and 7 | ||
| Identification and registration of animals | SMR 6 | Council Directive 2008/71/EC of | Articles 3, 4 and 5 | |
| SMR 7 | Regulation (EC) No 1760/2000 of the European Parliament and of the Council of | Articles 4 and 7 | ||
| SMR 8 | Council Regulation (EC) No 21/2004 of | Articles 3, 4 and 5 | ||
| Animal diseases | SMR 9 | Regulation (EC) No 999/2001 of the European Parliament and of the Council of | Articles 7, 11, 12, 13 and 15 | |
| Plant protection products | SMR 10 | Regulation (EC) No 1107/2009 of the European Parliament and of the Council of | Article 55, first and second sentence | |
| Animal welfare | Animal welfare | SMR 11 | Council Directive 2008/119/EC of | Articles 3 and 4 |
| SMR 12 | Council Directive 2008/120/EC of | Article 3 and Article 4 | ||
| SMR 13 | Council Directive 98/58/EC of | Article 4 | ||
| Regulation (EEC) No 352/78 | This Regulation |
|---|---|
| Article 1 | Article 43(1)(e) |
| Article 2 | Article 43(2) |
| Article 3 | Article 46(1) |
| Article 4 | — |
| Article 5 | — |
| Article 6 | — |
| Regulation (EC) No 2799/98 | This Regulation |
|---|---|
| Article 1 | — |
| Article 2 | Article 105(2) and 106 |
| Article 3 | Article 106 |
| Article 4 | — |
| Article 5 | — |
| Article 6 | — |
| Article 7 | Article 107 |
| Article 8 | Article 108 |
| Article 9 | — |
| Article 10 | — |
| Article 11 | — |
| Regulation (EC) No 814/2000 | This Regulation |
|---|---|
| Article 1 | Article 45(1) |
| Article 2 | Article 45(2) |
| Article 3 | — |
| Article 4 | — |
| Article 5 | — |
| Article 6 | — |
| Article 7 | — |
| Article 8 | Article 45(5) |
| Article 9 | — |
| Article 10 | Articles 45(4) and 116 |
| Article 11 | — |
| Regulation (EC) No 1290/2005 | This Regulation |
|---|---|
| Article 1 | Article 1 |
| Article 2 | Article 3 |
| Article 3 | Article 4 |
| Article 4 | Article 5 |
| Article 5 | Article 6 |
| Article 6 | Article 7 |
| Article 7 | Article 9 |
| Article 8 | Article 102 |
| Article 9 | Article 58 |
| Article 10 | Article 10 |
| Article 11 | Article 11 |
| Article 12 | Article 16 |
| Article 13 | Article 19 |
| Article 14 | Article 17 |
| Article 15 | Article 18 |
| Article 16 | Article 40 |
| Article 17 | Article 41(1) |
| Article 17a | Article 41(2) |
| Article 18 | Article 24 |
| Article 19 | Article 27 |
| Article 20 | Article 28 |
| Article 21 | Article 29 |
| Article 22 | Article 32 |
| Article 23 | Article 33 |
| Article 24 | Article 34 |
| Article 25 | Article 35 |
| Article 26 | Article 36 |
| Article 27 | Article 41(1) |
| Article 27a | Article 41(2) |
| Article 28 | Article 37 |
| Article 29 | Article 38 |
| Article 30 | Article 51 |
| Article 31 | Article 52 |
| Article 32 | Article 54 and 55 |
| Article 33 | Article 54 and 56 |
| Article 34 | Article 43 |
| Article 35 | — |
| Article 36 | Article 48 |
| Article 37 | Article 47 |
| Article 38 | — |
| Article 39 | — |
| Article 40 | — |
| Article 41 | Article 116 |
| Article 42 | — |
| Article 43 | Article 109 |
| Article 44 | Article 103 |
| Article 44a | Article 113(1) |
| Article 45 | Article 105(1) and 106(3) and (4) |
| Article 46 | — |
| Article 47 | Article 119 |
| Article 48 | Article 120 |
| Article 49 | Article 121 |
| Regulation (EC) No 485/2008 | This Regulation |
|---|---|
| Article 1 | Article 79 |
| Article 2 | Article 80 |
| Article 3 | Article 81 |
| Article 4 | — |
| Article 5 | Article 82(1), (2) and (3) |
| Article 6 | Article 82(4) |
| Article 7 | Article 83 |
| Article 8 | Article 103(2) |
| Article 9 | Article 86 |
| Article 10 | Article 84 |
| Article 11 | Article 85 |
| Article 12 | Article 106(3) |
| Article 13 | — |
| Article 14 | — |
| Article 15 | Article 87 |
| Article 16 | — |
| Article 17 | — |