Commission Implementing Regulation (EU) 2022/246 of 13 December 2021 amending Implementing Regulation (EU) 2017/39 as regards the aid applications, payment of the aid and on-the-spot checks
Commission Implementing Regulation (EU) 2022/246of 13 December 2021amending Implementing Regulation (EU) 2017/39 as regards the aid applications, payment of the aid and on-the-spot checksTHE 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 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 25, point (b), 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 485/2008OJ L 347, 20.12.2013, p. 549., and in particular Article 62(2), point (a), thereof,Whereas:(1)Article 4(6) of Commission Implementing Regulation (EU) 2017/39Commission Implementing Regulation (EU) 2017/39 of 3 November 2016 on rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments (OJ L 5, 10.1.2017, p. 1). lays down that the amounts claimed in the aid applications are to be supported by documentary evidence showing the price of the products, material or services delivered together with a receipt or proof of payment or equivalent. The price of the product, material or service is not pertinent where a simplified cost option is used, and is not consistent with the objectives of simplification and reduction of the administrative burden of simplified cost options. Therefore, it is appropriate to lay down different requirements for cost-based systems and simplified cost options.(2)Article 5 of Implementing Regulation (EU) 2017/39 lays down the conditions for the payment of aid. The required documentary evidence includes, in case of simplified cost options, the proof of payment for the products supplied and/or distributed and for the material or services delivered under the accompanying educational measures, monitoring, and evaluation and publicity activities. However, such documentary evidence is not required in case of cost-based systems. Experience gained shows that such a requirement is not pertinent for the payment of the aid, regardless of whether a cost-based system or a simplified cost option is used, and is not consistent with the objectives of simplification and reduction of the administrative burden through simplified cost options. Therefore, this requirement should be removed.(3)In accordance with Article 9(4) of Implementing Regulation (EU) 2017/39, in case of aid applied for relating to the supply and distribution of products and accompanying educational measures, the administrative checks are to be supplemented by on-the-spot checks. Article 10(1) of that Regulation lays down a non-exhaustive list of verifications that the on-the-spot checks are to include in case of aid for the supply and distribution of products. In light of the experience gained, and in the interest of clarity, this non-exhaustive list of verifications to be carried out should be complemented, both for on-the-spot checks in case of aid applied for the supply and distribution of products as well as for accompanying educational measures.(4)Implementing Regulation (EU) 2017/39 should therefore be amended accordingly.(5)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION: