Commission Implementing Regulation (EU) 2021/238 of 16 February 2021 amending Implementing Regulation (EU) 2020/532 as regards a derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands
Commission Implementing Regulation (EU) 2021/238of 16 February 2021amending Implementing Regulation (EU) 2020/532 as regards a derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islandsTHE 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 485/2008OJ L 347, 20.12.2013, p. 549., and in particular points (a) and (b) of the first subparagraph of Article 62(2) thereof,Having regard to 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 247/2006OJ L 78, 20.3.2013, p. 23., and in particular Article 8 and the second subparagraph of Article 18(1) thereof,Having regard to 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 1405/2006OJ L 78, 20.3.2013, p. 41., and in particular Article 7, Article 11(3) and the second subparagraph of Article 14(1) thereof,Whereas:(1)Due to the pandemic of COVID-19 and the extensive movement restrictions put in place in the Member States, exceptional administrative difficulties have been encountered in all Member States with the planning and execution of timely on-the-spot checks to the required number.(2)In view of the unprecedented nature of those circumstances, it was necessary to alleviate those difficulties by derogating from different Implementing Regulations applicable in the area of the common agricultural policy as regards certain administrative and on-the-spot checks.(3)Commission Implementing Regulation (EU) 2020/532Commission Implementing Regulation (EU) 2020/532 of 16 April 2020 derogating in respect of the year 2020 from Implementing Regulations (EU) No 809/2014, (EU) No 180/2014, (EU) No 181/2014, (EU) 2017/892, (EU) 2016/1150, (EU) 2018/274, (EU) 2017/39, (EU) 2015/1368 and (EU) 2016/1240 as regards certain administrative and on-the-spot checks applicable within the common agricultural policy (OJ L 119, 17.4.2020, p. 3). contains derogations from, inter alia, Commission Implementing Regulations (EU) No 809/2014Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69)., (EU) No 180/2014Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, p. 13). and (EU) No 181/2014Commission Implementing Regulation (EU) No 181/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 229/2013 of the European Parliament and of the Council laying down specific measures for agriculture in favour of the smaller Aegean islands (OJ L 63, 4.3.2014, p. 53)..(4)Article 22 of Implementing Regulation (EU) No 180/2014 and Article 20 of Implementing Regulation (EU) No 181/2014 provide that in all appropriate cases, Member States concerned shall make use of the integrated administration and control system when performing checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands. The derogations specified in Chapter I of Implementing Regulation (EU) 2020/532 in respect of controls performed in the integrated administration and control system for direct payments and cross compliance apply therefore mutatis mutandis for these controls.(5)Certain on-the-spot checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands are however performed outside of the integrated administration and control system, the derogations provided for in Chapter II of Implementing Regulation (EU) 2020/532 appeared not be sufficient to address the difficulties encountered in performing the on-the-spot-checks accurately and within the time limit, especially taking into account the geographical remoteness of the outermost regions.(6)Therefore it is appropriate to extend the derogations referred to in Chapter II of Implementing Regulation (EU) 2020/532 to the use of alternative evidence and/or adapted timing, provided that these could serve to verify the correct implementation of the measures while maintaining an appropriate level of assurance.(7)As this Regulation provides for an additional derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 in respect of claim year 2020 due to the pandemic of COVID-19, it should enter into force on the day of its publication in the Official Journal of the European Union and apply retroactively from the same date as Implementing Regulation (EU) 2020/532.(8)Article 59(5) of Regulation (EU) No 1306/2013 provides that Member States are to ensure a minimum level of on-the-spot checks needed for an effective management of the risks, and are to increase that minimum level where necessary. Considering the nature of these obligations and the proportionality of the control efforts in the circumstances of the pandemic of COVID-19, Member States making use of the derogations provided for in Implementing Regulation (EU) 2020/532 should be allowed not to take into account, in respect of the following claim year, the results of the checks performed. However, the increase in control rates that should have been applied in claim year 2020, should be applied by means of a corresponding increase in claim year 2021.(9)Implementing Regulation (EU) 2020/532 should therefore be amended accordingly.(10)The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments.HAS ADOPTED THIS REGULATION: