Changes from plenary report to adopted text

RemovedRecital 3: (3) The legislative procedure was not concluded in time to allow Member States and the Commission to prepare all elements necessary to apply the new legal framework and the CAP Strategic Plans as of 1 January 2021, as initially proposed by the Commission. That delay creates uncertainty and risks for farmers and the entire agriculture sector. In order to alleviate that uncertainty, this Regulation should provide for the continued application of the current rules and uninterrupted payments to the farmers and other beneficiaries, and thus provide predictability and stability during the transitional period until the date of application of the new legal framework (“transitional period”).

AddedANNEX TO THE LEGISLATIVE RESOLUTION

RemovedRecital 3 a (new): (3a) The continuity and predictability of the support to farmers through the CAP is essential for the stability of the agricultural sector, as well as for maintaining the vitality of rural areas and regions, and is contributing to environmental sustainability.

AddedStatement by the European Parliament on CAP transitional arrangements and the Multiannual Financial Framework

RemovedRecital 4: (4) Therefore, in order to ensure that support can be granted to farmers and other beneficiaries from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) in 2021 and, where applicable, in 2022, the Union should continue to grant such support for one or, where applicable, two more years under the conditions of the existing legal framework, which covers the period 2014 to 2020. Member States should ensure the uninterrupted continuation of that support to farmers and other beneficiaries during the transitional period. The existing legal framework is laid down in particular in Regulations (EU) No 1303/20137, (EU) No 1305/20138, (EU) No 1306/20139, (EU) No 1307/201310, (EU) No 1308/201311, (EU) No 228/201312 and (EU) No 229/201313 of the European Parliament and of the Council. In addition, to facilitate the transition from existing support schemes to the new legal framework which was planned to cover the period starting on 1 January 2022, rules should be laid down to regulate how certain support granted on a multiannual basis will be integrated into the new legal framework.

AddedCrisis reserve fund

RemovedRecital 4 a (new): (4a) This Regulation should provide the Member States with sufficient time to prepare their respective CAP national strategic plans, as well as the administrative structures necessary for successful implementation of the new legal framework. This should not discourage Member States from presenting their respective national strategic plans in a timely manner. All CAP strategic plans should be ready to enter into force once the transitional period ends. This would provide much-needed stability and certainty for the farming sector.

AddedSince its establishment in 2014, the reserve for crises in the agricultural sector has never been activated due to the mechanism of financial discipline provided for in Article 25 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, according to which funding for that reserve is drawn at the beginning of each year from the total amount of direct payments. Unused money is returned to direct payments at the end of the year. As a result, the reserve has never been used in order to avoid withholding resources from farmers.

RemovedRecital 4 b (new): (4b) In order to achieve a successful modernisation and simplification of the CAP, the Member States and the Commission should extensively consult farmers and all relevant stakeholders during the preparation of Member States’ CAP Strategic Plans and in order to contribute to the European Green Deal and the Farm to Fork Strategy. Preparatory work on the development of Member States’ CAP Strategic Plans should be undertaken without delay to ensure a smooth transition for beneficiaries into a new programming period.

AddedEstablished to assist farmers with price or market instability, the fact that the reserve has never been activated is testament to the limitation of its financial structure and operation. The increasing frequency of economic, as well as adverse climate and sanitary, conditions resulting in significant market disruption, demonstrates the urgent need for a fully-functioning crisis reserve fund, which can be activated and made available in a responsive and efficient manner.

RemovedRecital 5: (5) In light of the fact that the Union should continue to support rural development throughout the transitional period, Member States, that demonstrate the risk to run out of funds and not to be able to undertake new legal commitments for all or certain measures and the resulting expenditure in accordance with Regulation (EU) No 1305/2013, should have the possibility to extend their rural development programmes or certain of their regional rural development programmes supported by the EAFRD throughout the transitional period and to finance those extended programmes from the budget allocation for the corresponding years. The extended programmes should aim at maintaining at least the same overall level of environment and climate ambition, thereby requiring at least the same percentage of EAFRD expenditure for the measures referred to in Article 59(6) of that Regulation.

AddedThe European Parliament stresses that a fully-financed crisis reserve fund, initially established at EUR 400 million in addition to the EAGF and EAFRD budgets, which is cumulative, with unused funds carried over and added to the following year across the programming period, would function more effectively and with greater impact to provide timely crisis assistance and the funding of targeted measures for the sectors affected.

RemovedRecital 6: (6) Since certain Member States may still have funds provided by the Union in previous years, Member States should also have the possibility not to extend their rural development programmes or not to extend certain of their regional rural development programmes or to complete the remaining funds with part of the allocations for the years of the transitional period as needed. Those Member States should have the possibility to transfer the EAFRD budget allocation for 2021 or where applicable, for 2022, or the part of the EAFRD budget allocation that was not used for extending their corresponding to the regional rural development programmes that have not been extended, to the financial allocations for the remaining of the programming period, in accordance with Council Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027]14.

AddedPOSEI and Aegean islands

RemovedRecital 7: (7) In order to allow the Commission to provide the necessary financial planning and the corresponding adjustments of the annual breakdowns of the Union support set out in the Annex to Regulation (EU) No 1305/2013, Member States should inform the Commission soon after the entry into force of this Regulation whether they decide to extend their rural development programmes and, in case of regional rural development programmes, which of those programmes they decide to extend, and if they intend to fund them partly with remaining funds for the previous budget allocation, and consequently which corresponding amount of the budget allocation for the years during the transitional period is not to be transferred to the following years.

AddedDue to their geographical situation, in particular their remoteness, insularity, small size, difficult topography and climate, the outermost regions, as referred to in Article 349 of the Treaty on the Functioning of the European Union, are faced with specific socio-economic problems related to the supply of food and agricultural products essential for consumption or agricultural production. Specific measures in the agricultural sector to remedy the difficulties caused by that specific situation, as provided for in that Article, were established in Regulation (EU) No 228/2013 of the European Parliament and of the Council. Furthermore the scheme for specific measures for agriculture in favour of the smaller Aegean islands provided for under Regulation (EU) No 229/2013 of the European Parliament and of the Council also tackles the same issues but in a different geographical location.

RemovedRecital 8: (8) Regulation (EU) No 1303/2013 lays down common rules applicable to the EAFRD and some other Funds, which operate under a common framework. That Regulation should continue to apply to programmes supported by the EAFRD for the 2014–2020 programming period as well as to those programmes supported by the EAFRD for which Member States decide to extend that period to 31 December 2021 or, where applicable, to 31 December 2022. For those Member States, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 should continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD for the programming year 2021 or, where applicable, the programming year 2022.

AddedThe importance of specific measures and opportunities in those regions and islands justifies the level of special support which is crucial for the successful implementation of those measures. Therefore, taking into account the public commitments previously given by the Commission to those regions and islands, the European Parliament calls for the undisturbed continuation of the very successful programmes run under Regulations (EU) No 228/2013 and (EU) No 229/2013 and the maintenance of at least the current level of support for those regions and islands. In that way, the Union would show its solidarity and commitment to those regions and islands facing specific disadvantages.

RemovedRecital 10: (10) Regulation (EU) No 1310/2013 of the European Parliament and of the Council15 and Commission Delegated Regulation (EU) No 807/201416 provide that expenditure for certain long-term commitments undertaken pursuant to certain regulations that granted support for rural development before Regulation (EU) No 1305/2013 should continue to be paid by the EAFRD in the 2014-2020 programming period under certain conditions. That expenditure should also continue to be eligible for the duration of their respective legal commitment under the same conditions in the programming year 2021 or, where applicable, the programming year 2022. For reasons of legal clarity and certainty, it also should be clarified that the legal commitments undertaken under measures that correspond to measures of Regulation (EU) No 1305/2013 to which the integrated administration and control system applies, should be subject to this integrated administration and control system and that payments related to these legal commitments have to be made within the period from 1 December to 30 June of the following calendar year.

AddedStatement by the European Parliament on interbranch organisations in the outermost regions Given their very small size and their insularity, local markets in the outermost regions are particularly vulnerable to price fluctuations linked to import flows from the rest of the Union or from third countries. Article 349 of the Treaty on the Functioning of the European Union (TFEU) recognises the special needs of the outermost regions and sets out the basis for a legislative framework to help them tackle their particular situations. This is further addressed in Regulation (EU) No 228/2013 of the European Parliament and of the Council. In particular, since the use of interbranch organisations has shown potential for addressing the specific needs of the agricultural production sectors in the outermost regions, flexibility in the implementation of the relevant provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council in those regions should already be allowed in order to fully harness the resources allocated by this Transitional Regulation to those regions. Therefore, the interbranch organisations which are recognised under Article 157 of Regulation (EU) No 1308/2013 and are deemed representative should have the possibility to take the necessary collective measures designed to ensure that local production remains competitive on the local markets in question and sustainable. To that end, notwithstanding Articles 28, 29 and 110 TFEU and Article 165 of Regulation (EU) No 1308/2013, and without prejudice to Article 164 of that Regulation and based on Article 349 TFEU as interpreted by the Court of Justice of the European Union in its judgment in joined cases C-132/14 to C-136/14, the European Parliament emphasises the importance of exploring all appropriate instruments in order to allow the Member States concerned, in the context of extended interbranch agreements and after consultation with the stakeholders concerned, to make individual operators or groups of economic operators who are not members of the interbranch organisation concerned but which operate on the local market in question, irrespective of their origin, pay that organisation all or part of the financial contributions paid by its members, including in cases where the proceeds of those contributions fund measures to maintain only local production or where the contributions are levied at a different stage in the marketing process.

RemovedRecital 14: (14) In light of the fact that the CAP Strategic Plans to be prepared by Member States in accordance with the new legal framework are to be applicable as of 1 January 2022 or 1 January 2023, as applicable, transitional rules should be laid down to regulate the transition from existing support schemes to the new legal framework, in particular Regulation (EU) …/… of the European Parliament and of the Council 18[CAP Strategic Plan Regulation]. In accordance with the principles set out in the European Code of Conduct on Partnership established by Commission Delegated Regulation (EU) No 240/201418a, Member States should ensure participation of regional and local authorities, civil society organisations, including beneficiaries, at all stages of preparation, implementation, monitoring and evaluation of the transitional measures and programmes. / 18a Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).

AddedJoint statement by the European Parliament and the Council on the outermost regions and smaller Aegean islands

RemovedRecital 14 a (new): (14a) The transitional rules provided for in this Regulation are intended to allow the measures currently in force to be extended for the duration of the transitional period. During the transitional period and in order to anticipate as far as possible the implementation of the future renewed legal framework for the CAP, the Member States, in their work and their consultations on the prefiguration of their future CAP strategic plans, should focus on the new tools provided for, and in particular on the possibility for new sectors to develop operational programmes.

AddedThe European Parliament and the Council recall:

RemovedRecital 16: (16) Regulation (EU) No 1308/2013 lays down rules for the common organisation of agricultural markets and includes certain aid schemes in Articles 29 to 60. Those aid schemes should be integrated in the future CAP Strategic Plans of the Member States as sectoral interventions referred to in points (a) to (e) of Article 39 of Regulation (EU) …/… [CAP Strategic Plan Regulation]. To ensure coherence, continuity and a smooth transition between those aid schemes of Regulation (EU) No 1308/2013 and the sectoral types of interventions of Regulation (EU) …/… [CAP Strategic Plan Regulation], rules should be laid down regarding the duration of each of those aid schemes.

Added- the importance of specific measures for the outermost regions, in accordance with Article 349 of the Treaty on the Functioning of the European Union and Regulation (EU) No 228/2013 of the European Parliament and of the Council, to take account of the special characteristics of those regions;

RemovedIt should be made possible to safeguard the sectoral programmes in force up to the finalisation date initially envisaged in order to ensure legal certainty for producers.

Added- the importance of specific measures for agriculture in favour of the smaller Aegean islands established under Regulation (EU) No 229/2013 of the European Parliament and of the Council; and

RemovedRecital 17: (17) As regards the aid scheme in the olive oil and table olives sector, the existing work programmes drawn up for the period running from 1 April 2018 until 31 March 2021 should be extended until the end of the transitional period. For aid schemes in the fruit and vegetables sector, rules should be laid down regarding the modification or replacement of operational programmes. The recognised producer organisations in the fruit and vegetable sector should also have the possibility to maintain the operational programme until it comes to an end.

Added- that the above issues justify special support for those regions and islands, in order to implement appropriate measures.

RemovedRecital 18: (18) With the view to ensuring continuity as regards the aid schemes in the fruit and vegetable sector, the wine sector and the apiculture sector, rules need to be laid down that allow those aid schemes to continue to be implemented until the end of their respective programming periods. For this period certain provisions of Regulation (EU) No 1306/2013 should therefore continue to apply in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after 31 December 2021 and until the end of those aid schemes and of the operational programmes.

AddedJoint statement by the European Parliament and the Council on EU funding arrangements for POSEI and the smaller Aegean islands

RemovedRecital 19: (19) In order to limit a significant carry-over of commitments from the current programming period for rural development to the CAP Strategic Plans, the duration of new multiannual commitments in relation to agri-environment-climate, organic farming and animal welfare should, as a general rule, be limited to a period of maximum of five years. Once Regulation (EU) .../... [CAP Strategic Plan Regulation] applies, the rules concerning those commitments should be adapted in accordance with that Regulation. The extension of existing commitments should be limited to one year.

AddedThe European Parliament and the Council underline that the EU funding arrangements for POSEI and the smaller Aegean islands included in this Transitional Regulation for 2021 and 2022 are exceptional, reflecting the particularity of the circumstances, and do not constitute a precedent for future CAP financing, neither for the outermost regions and the smaller Aegean islands, nor for direct payments.

RemovedRecital 20: (20) The EAFRD should be able to support Community-led local development set up in accordance with the new rules laid down by Regulation (EU) XXXX/XXXX [New CPR]. However, in order to avoid unspent funds for Community-led local development in the programming year 2021 or, where applicable, the programming year 2022, Member States that decide to extend their rural development programmes and that also make use of the possibility to transfer amounts from direct payments to rural development, should be able to apply the 5% minimum allocation for Community-led local development only to the EAFRD contribution to the rural development extended to 31 December 2021 or, where applicable, 31 December 2022, calculated before the transfer of amounts from direct payment has been done.

AddedStatement by the Commission on the marketing rules on olive oil

RemovedRecital 21: (21) In order to ensure continuity in the transitional period, the reserve for crises in the agricultural sector should be maintained for 2021 and, where applicable, for 2022, and the relevant amount of the reserve for 2021 and, where applicable, for 2022, should be included.

AddedThe Commission takes note of the political agreement between Parliament and Council on the Parliament’s amendment 106, inserting a new Article 167a into the CMO Regulation regarding the olive oil sector. The Commission notes that this amendment agreed by Parliament and Council is not in line with the principle of continuity of current rules that governs the Transitional Regulation, is substantive in nature and has been included by the co-legislators without an impact assessment as required by point 15 of the Inter-Institutional Agreement on Better Law-Making. The Commission recalls its commitment to maintain effective competition in the agricultural sector and to give full effect to the objectives of the CAP laid down in Article 39 of the Treaty on the Functioning of the European Union.

RemovedRecital 22: (22) As regards prefinancing arrangements from the EAFRD, it should be made clear that where Member States decide to extend the 2014–2020 period to 31 December 2021 or, where applicable, 31 December 2022, this should not lead to any additional prefinancing granted for the programmes concerned.

AddedStatement by the Commission on ANC payments

RemovedRecital 23: (23) Article 11 of Regulation (EU) No 1307/2013 currently only provides for a notification obligation for Member States as regards their decisions and the estimated product related to the reduction of the part of the amount of direct payments to be granted to a farmer for a given calendar year exceeding EUR 150 000 for the years 2015 to 2020. With a view to ensuring a continuation of the existing system, Member States should also notify their decisions and the estimated product of reduction for calendar year 2021 and, where applicable, calendar year 2022.

AddedThe Commission takes note of the agreement between the co-legislators that the EURI funds, when integrated into the EAFRD, may be used to finance payments for areas facing natural or other specific constraints (ANC payments).

RemovedRecital 24: (24) Article 14 of Regulation (EU) No 1307/2013 allows Member States to transfer funds between direct payments and rural development as regards calendar years 2014 to 2020. In order to ensure that Member States may keep their own strategy, the flexibility between pillars should be made available also for calendar year 2021 (i.e. financial year 2022) and, where applicable, calendar year 2022 (i.e. financial year 2023).

AddedThe Commission has already stated its concerns about the limited contribution of ANC payments to environmental and climate objectives, considering that farmers do not have to carry out any specific practices to receive the payment. For this reason, the inclusion of ANC payments under the part of the EURI funds dedicated to contribute to environmental and climate objectives should not be considered as a precedent during the negotiations on the future CAP.

RemovedRecital 25: (25) In order to allow the Commission to be able to set the budgetary ceilings in accordance with Articles 22(1), 36(4), 42(2), 47(3), 49(2), 51(4) and 53(7) of Regulation (EU) No 1307/2013, it is necessary that Member States notify their decisions on financial allocations by scheme for calendar year 2021 by 1 August 2020 and, where applicable, their decisions on financial allocations by scheme for calendar year 2022 by 1 August 2021.

RemovedRecital 25 a (new): (25a) Member States should be able to continue to use transitional national aid during the period of application of this Regulation. In order to reduce the competitive differences between farmers in the Member States as a result of differences in payment per hectare, Member States should maintain transitional national aid for the duration of the transitional period.

RemovedRecital 27: (27) In accordance with the current legal framework, Member States notified in 2014 their decisions up to calendar year 2020, on the division of the annual national ceiling for the basic payment scheme between the regions and the possible annual progressive modifications for the period covered by Regulation (EU) No 1307/2013. It is necessary that Member States also notify those decisions for calendar year 2021 and, where applicable, calendar year 2022.

RemovedRecital 28: (28) The internal convergence mechanism is the core process for a more equitable distribution of direct income support among farmers. Significant individual differences based on old historic references become more and more difficult to justify. In Regulation (EU) No 1307/2013, the basic model of internal convergence consists in the application by Member States of a uniform flat rate for all payment entitlements, at national or regional level, from 2015. However, for the sake of ensuring a smoother transition to a uniform value, a derogation was set out allowing Member States to differentiate the values of payment entitlements by applying partial convergence, also called the ‘tunnel model’, between 2015 and 2019. Some Member States made use of this derogation. To continue the process towards a more equitable distribution of direct payments, Member States should further converge towards a national or regional average after 2019 instead of going to a uniform flat rate. They should notify annually their decision for the following year.

RemovedRecital 29: (29) Article 30 of Regulation (EU) No 1307/2013 provides for the annual progressive modifications in the value of the payment entitlements allocated from the reserve to reflect the annual steps of the national ceiling set in Annex II to that Regulation, reflecting a “multiannual” management of the reserve. Those rules should be adapted so to reflect that it is possible to amend both the value of all allocated entitlements and of the reserve to adjust to a change in the amount in that Annex II between two years. Moreover, in some Member States not having reached a flat rate by 2019, internal convergence is implemented on an annual basis. For calendar years 2020 and 2021 and, where applicable, calendar year 2022, only the value of the payment entitlement of the current year needs to be determined in the year of allocation. The unit value of entitlements to be allocated from the reserve in a given year should be calculated after possible adjustment of the reserve in accordance with Article 22(5) of that Regulation. In any subsequent year, the value of the payment entitlements allocated from the reserve should be adapted in accordance with that Article 22(5).

RemovedRecital 30: (30) Article 36 of Regulation (EU) No 1307/2013 provides the application of the single area payment scheme (SAPS) until 31 December 2020. The CAP Strategic Plan Regulation (EU) …/… [CAP Strategic Plan Regulation] allows Member States to implement a basic income support with the same modalities, i.e. without the allocation of payment entitlements based on historic references. Therefore, it is appropriate to allow the prolongation of SAPS in 2021 and, where applicable, in 2022.

RemovedRecital 34: (34) The financial allocations provided for in Regulations (EU) No 228/2013 and (EU) No 229/2013 should apply from 1 January 2021 in line with Regulation (EU) …/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027].

RemovedRecital 34 a (new): (34a) Given their very small size and their insularity, local markets in the outermost regions, as referred to in Article 349 TFEU, are particularly vulnerable to price fluctuations linked to import flows from the rest of the Union or from third countries. Therefore, the interbranch organisations, recognised under Article 157 of Regulation (EU) No 1308/2013, particularly in the livestock sectors, take collective measures, in particular for compiling data and disseminating information, designed to ensure that local production remains competitive on the local market in question. To that end, notwithstanding Articles 28, 29 and 110 TFEU, and without prejudice to Articles 164 and 165 of Regulation (EU) No 1308/2013, it is appropriate to allow the Member State concerned, in the context of extended interbranch agreements and after consultation with the stakeholders concerned, to make individual operators or groups of economic operators who are not members of the interbranch organisation but which operate on the local market in question, irrespective of their origin, pay that organisation all or part of the financial contributions paid by its members, including in cases where the proceeds of these contributions fund measures to maintain only local production or where the contributions are levied at a different stage in the marketing process.

RemovedRecital 34 b (new): (34b) Due to their geographical situation, in particular their remoteness, insularity, small size, difficult topography and climate, the outermost regions, as referred to in Article 349 TFEU, are faced with specific socio-economic problems related to the supply of food and agricultural products essential for consumption or agricultural production. Specific measures in the agricultural sector, to remedy the difficulties caused by the specific situation, as provided for in that Article, were established in Regulation (EU) No 228/2013. In order to respect the continuity principle, this Regulation advocates respecting the maintenance of the budget during the transitional period. For the Programme of Options Specifically Relating to Remoteness and Insularity (POSEI) scheme and for the specific measures for agriculture in favour of the smaller Aegean islands, it is appropriate to reinstate the financial allocations at their current levels provided for in Regulations (EU) No 228/2013 and (EU) No 229/2013.

RemovedRecital 34 c (new): (34c) In the event that a proposal for a Council Regulation laying down the multiannual financial framework for the years 2021 to 2027 (MFF Regulation) and the related proposal for a Regulation of the European Parliament and of the Council (CAP Strategic Plan Regulation) have not been adopted and published in the Official Journal of the European Union by 30 October 2020, the transitional period originally proposed in this Regulation ending on 31 December 2021 should, as a last resort, be extended by a further year to 31 December 2022. In that event, the corresponding transitional rules and conditions applicable to the original transitional period should continue to apply during the extended transitional period and the budget allocations and applicable timeframes should be adapted accordingly. This should provide sufficient incentive and allow the European Parliament and the Council to successfully adopt the new legislative framework for the CAP, while at the same time ensure the necessary stability for the beneficiaries.

RemovedArticle -1 (new): Article -1 / Transitional period / 1. For the purpose of this Regulation, ‘transitional period’ means the period starting on 1 January 2021 and ending on 31 December 2021. / 2. By way of derogation from paragraph 1 of this Article and only in the event that the proposal for a Council Regulation laying down the multiannual financial framework for the years 2021 to 2027 and the proposal for a Regulation of the European Parliament and of the Council establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council have not been adopted and published in the Official Journal of the European Union by 30 October 2020, the transitional period for the purpose of this Regulation shall be extended to 31 December 2022.

RemovedTitle I – chapter I – title: Continued application of Regulation (EU) No 1303/2013 during the transitional period and extension of certain periods under Regulations (EU) No 1303/2013 and (EU) No 1310/2013

RemovedArticle 1 – paragraph 1 – subparagraph 1: For programmes supported by the European Agricultural Fund for Rural Development (EAFRD), Member States that risk, due to the lack of financial resources, not to be able to undertake new legal commitments in accordance with Regulation (EU) No 1305/2013, may extend the period laid down in Article 26(1) of Regulation (EU) No 1303/2013 to the transitional period referred to in Article -1 of this Regulation.

RemovedArticle 1 – paragraph 1 – subparagraph 1 a (new): Member States that decide to make use of the possibility provided for in the first subparagraph may compensate for any reductions in the overall allocations in the EAFRD for the next multiannual financial framework (MFF) period with a corresponding increase in their national co-financing.

RemovedIn respect of the continuation of the current CAP rules, Member States must be able to increase their co-financing. The Commission's proposed reductions in the MFF for the EAFRD cannot be accepted. The current rural development programmes have to continue without any cuts for the farmers and beneficiaries. This would allow the Member States’ to keep the environmental measures at least at the current level as proposed by the Commission and would enable both Member States and farmers to adapt or extend their programmes to meet environmental challenges.

RemovedArticle 1 – paragraph 1 – subparagraph 2: Member States that decide to make use of the possibility provided in the first subparagraph shall notify the Commission of their decision within two weeks after the entry into force of this Regulation. Where Member States have submitted a set of regional programmes in accordance with Article 6 of Regulation (EU) No 1305/2013, that notification shall also contain information on which of the regional programmes are to be extended and on the corresponding budgetary allocation within the annual breakdown for the year 2021 and, where Article -1(2) of this Regulation applies, for the year 2022, as set out in Annex I to Regulation (EU) No 1305/2013.

RemovedArticle 1 – paragraph 1 – subparagraph 3: Where the Commission considers that an extension of the period under the first subparagraph is not justified, it shall inform the Member State thereof within four weeks after receipt of the notification referred to in the second subparagraph. The Commission shall base the evaluation of the request for extension on clear and objective criteria in accordance with Regulation (EU) No 1305/2013, which shall be communicated to the Member State concerned. The Commission shall provide the Member State concerned with the reasons justifying its refusal of the extension, as well as with, if possible, specific recommendations as to how to improve the notification in order to make it applicable. The Member State concerned may, within four weeks of being provided with such recommendations by the Commission, submit an updated notification explaining how it will implement the Commission´s recommendations on the applicability of the extension.

RemovedArticle 1 – paragraph 1 – subparagraph 4: The notification referred to in the second subparagraph shall be without prejudice to the need to submit a request to amend a rural development programme for the year 2021 and, where Article-1(2) of this Regulation applies, for the year 2022, as referred to in point (a) of Article 11 of Regulation (EU) No 1305/2013. Such amendment shall not be taken into account for the limit of annual modifications as provided for in the rules adopted on the basis of Article 12 of Regulation (EU) No 1305/2013. That amendment shall guarantee the same percentage of the EAFRD expenditure for the measures referred to in Article 59(6) of Regulation (EU) No 1305/2013.

RemovedArticle 1 – paragraph 2 – subparagraph 1: For Member States that do not decide to make use of the possibility provided in paragraph 1 of this Article, Article [8] of Regulation (EU)…/…[Regulation laying down the multiannual financial framework for the years 2021 to 2027] shall apply to the allocation not used for the year 2021 and, where Article -1(2) of this Regulation applies, for the year 2022, as set out in Annex I to Regulation (EU) No 1305/2013.

RemovedArticle 1 – paragraph 2 – subparagraph 2: Where a Member State decides to make use of the possibility provided in paragraph 1 only with regard to certain regional programmes, the allocation referred to in the first subparagraph of this paragraph shall be the amount set out for that Member State for 2021 and, where Article -1(2) of this Regulation applies, for 2022, in Annex I to Regulation (EU) No 1305/2013 minus the budgetary allocations notified in accordance with the first subparagraph of paragraph 2 for the regional programmes that are extended.

RemovedArticle 2 – paragraph 2: 2. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the references to time periods or deadlines in Articles 50(1), 51(1), 57(2), 65(2) and (4), and the first paragraph of Article 76 of Regulation (EU) No 1303/2013 shall be extended for the duration of the transitional period referred to Article -1 of this Regulation.

RemovedArticle 2 – paragraph 3: 3. For Member States that decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, the Partnership Agreement drawn up for the period from 1 January 2014 to 31 December 2020 in accordance with Regulation (EU) No 1303/2013 shall continue to be used as a strategic document by Member States and the Commission with regard to the implementation of support granted by the EAFRD during the transitional period.

RemovedArticle 3 – title: Eligibility of certain types of expenditure during the transitional period

RemovedArticle 3 – paragraph 1 – introductory part: Without prejudice to Article 65(2) of Regulation (EU) No 1303/2013, to Article 2(2) of this Regulation and to Article 38 of Regulation (EU) No 1306/2013, the expenditure referred to in Article 3(1) of Regulation (EU) No 1310/2013 and in Article 16 of Delegated Regulation (EU) No 807/2014 shall be eligible for an EAFRD contribution from the transitional period allocations for programmes supported by the EAFRD for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of this Regulation, subject to the following conditions:

RemovedArticle 3 – paragraph 1 – point a: (a) such expenditure is provided for in the respective rural development programme for the years covered by the transitional period;

RemovedTitle I – Chapter II – title: Application of Articles 25 to 28 of Regulation (EU) [NEW CPR] for the programming year 2021 and, where applicable, 2022

RemovedArticle 5 – paragraph 1: 1. Payment entitlements allocated to farmers before 1 January 2020 shall be considered legal and regular as from 1 January 2020. The value of those entitlements to be considered legal and regular shall be the value for calendar year 2019 valid on 31 December 2019. This is without prejudice to the relevant articles of Union law concerning the value of payment entitlements for calendar years 2020 onwards, in particular Article 22(5) and 25(12) of Regulation (EU) No 1307/2013.

RemovedClaim year 2020 will already be financed from the Multiannual Financial Framework 2021 – 2027 (MFF). With the start of the new MFF, legal certainty and clarity should be provided by considering all payment entitlements allocated to the farmers before 1 January 2020 legal and regular as from 1 January 2020.

RemovedArticle 5 – paragraph 2: 2. Paragraph 1 shall not apply to payment entitlements allocated to farmers on the basis of factually incorrect applications or in violation of the rule on conflict of interests, as laid down in Article 61 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 1a, except in cases where the error could not reasonably have been detected by the farmer. / 1a Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

RemovedArticle 6 – paragraph 1 – introductory part: 1. Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Articles 23, 39 and 43 of Council Regulation(EC) No 1698/200519 which are receiving support under Regulation (EU) No 1305/2013 shall continue to be eligible for an EAFRD contribution in the period 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, covered by the CAP Strategic Plan, subject to the following conditions:

RemovedArticle 6 – paragraph 1 – point a: (a) such expenditure is provided for in the respective CAP Strategic Plan for 2022- 2027 or, where Article -1(2) of this Regulation applies, 2023-2027, in accordance with Regulation (EU) [CAP Plan Regulation] and complies with Regulation (EU) [HzR];

RemovedArticle 6 – paragraph 1 – subparagraph 1 a (new): The first subparagraph shall also apply to legal commitments to beneficiaries undertaken under corresponding measures provided for in Regulation (EC) No 1257/1999, which are receiving support under Regulation (EU) No 1305/2013.

RemovedTransitional provisions should also allow regulating long-term commitments undertaken under rural development programs earlier than 2014-2020 period. This approach will enable payments to be made for commitments, e.g. for afforestation undertaken under rural development programs for the 2004-2006 period. That is why art. 6 clause 1 should be supplemented with an additional paragraph.

RemovedArticle 6 – paragraph 2: 2. Subject to the conditions set out in the second subparagraph, the following expenditures shall be eligible for an EAFRD contribution in the period 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, covered by the CAP Strategic Plan: / (a) expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 28, 29, 33 and 34 of Regulation (EU) No 1305/2013; / (b) expenditure relating to legal commitments for a time period beyond 1 January 2024, or beyond 1 January 2025, in Member States that have decided to extend the 2014-2020 period in accordance with Article 1(1) of this Regulation, referred to in Articles 14 to 18, points (a) and (b) of Article 19(1), Articles 20, 22 to 27, 35, 38, 39 and 39a of Regulation (EU) No 1305/2013 and under Article 35 of Regulation (EU) No 1303/2013. / The conditions for eligibility for an EAFRD contribution in the period 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, covered by the CAP Strategic Plan, referred to in the first subparagraph, are as follows: / (a) such expenditure is provided for in the respective CAP Strategic Plan for 2022-2027 or, where Article -1(2) of this Regulation applies, 2023-2027, in accordance with Regulation (EU) [CAP Strategic Plan Regulation] and complies with Regulation (EU) [HzR]; / (c) the integrated system referred to in Article 63(2) of Regulation (EU) [HzR] applies to the legal commitments undertaken under m…

RemovedArticle 7 – paragraph 1: 1. The work programmes to support the olive oil and table olives sector referred to in Article 29 of Regulation (EU) No 1308/2013, drawn up for the period running from 1 April 2018 until 31 March 2021, shall be extended and shall end at the end of the transitional period. The relevant producer organisations recognised under Article 152 of Regulation (EU) No 1308/2013, the relevant associations of producer organisations recognised under Article 156 of that Regulation and the relevant interbranch organisations recognised under Article 157 of that Regulation shall modify their work programmes to take account of this extension. The modified work programmes shall be notified to the Commission by 31 December 2020, or, where Article -1(2) of this Regulation applies, by 31 December 2021.

RemovedArticle 7 – paragraph 2 – subparagraph 1 – introductory part: Recognised producer organisation in the fruit and vegetables sector having an operational programme as referred to in Article 33 of Regulation (EU) No 1308/2013 that has been approved by a Member State for a duration beyond the end of the transitional period may, by 15 September 2021, submit a request to that Member State to the effect that its operational programme:

RemovedArticle 7 – paragraph 2 – subparagraph 2: Where a recognised producer organisation does not submit such request, paragraph 6 applies to its operational programme until that programme ends.

RemovedArticle 7 – paragraph 3: 3. The support programmes in the wine sector referred to in Article 40 of Regulation (EU) No 1308/2013 shall end on 15 October 2023. Articles 39 to 54 of Regulation (EU) No 1308/2013 may continue to apply beyond the end of the transitional period to the operations selected pursuant to that Regulation before 16 October 2023, as regards expenditure incurred and payments made within the aid scheme referred to in Articles 39 to 52 of that Regulation.

RemovedArticle 7 – paragraph 4: 4. The national programmes in the apiculture sector referred to in Article 55 of Regulation (EU) No 1308/2013 shall end on 31 July 2022. Articles 55, 56 and 57 of Regulation (EU) No 1308/2013 may continue to apply beyond the end of the transitional period to the operations selected under that Regulation before 1 August 2022, as regards expenditure incurred and payments made within the aid scheme referred to in Article 55 of that Regulation.

RemovedArticle 7 – paragraph 6: 6. With regard to the aid schemes referred to in paragraphs 2, 3 and 4 of this Article, Articles 7(3), 9, 21, 43, 51, 52, 54, 59, 67, 68, 70 to 75, 77, 91 to 97, 99, 100, 102(2), 110 and 111 of Regulation (EU) No 1306/2013 and the relevant provisions of delegated and implementing acts related to those Articles shall continue to apply after the end of the transitional period in relation to expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 after that date and until the end of the aid schemes referred to in paragraphs 3 and 4 of this Article and until the end of the operational programmes referred in paragraph 2 of this Article, where applicable.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point -1 (new), Article 17 – paragraph 6 a (new): (-1) In Article 17, the following paragraph is added: / “6a. Member States may continue to undertake new legal commitments in relation to beneficiaries during the transitional period referred to in Article -1 of Regulation (EU) .../... of the European Parliament and of the Council [Transitional Regulation]. Applications for support submitted before 2021 and not approved due to lack of financial allocation for such support in the programme concerned shall continue to be eligible during that transitional period.”

RemovedThe possibility of transition of applications regarding investments in physical assets not approved in the current programming period due to lack of financial allocation should be clarified in this regulation.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 1, Article 28 – paragraph 5 – subparagraph 2: For new commitments to be undertaken from the start of the transitional period referred to in Article -1 of Regulation (EU) … /… [Transitional Regulation], Member States shall determine a shorter period of one to five years in their rural development programmes. However, where necessary in order to achieve or maintain the environmental and climate benefits sought, Member States may determine a longer period for new commitments. In that case, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan. If Member States provide for an annual extension of existing commitments after the termination of the initial period in accordance with the first subparagraph, the extension shall not go beyond one year from the start of the transitional period. Should the support to the beneficiary fall below the level granted in the previous planning period, Member State may provide that beneficiary with the possibility to opt out of the legal commitments before its original termination.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 2, Article 29 – paragraph 3 – subparagraph 2: For new commitments to be undertaken from the start of the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation], Member States shall determine a period of one to five years in their rural development programmes. However, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan and need to maintain the environmental and climate benefits sought. If Member States provide for an annual extension for the existing commitments after the termination of the initial period in accordance with the first subparagraph, the extension shall not go beyond one year from the start of the transitional period. Should the support to the beneficiary fall below the level granted in the previous planning period, the Member State may provide that beneficiary with the possibility to opt out of the legal commitments before its original termination.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 2 a (new), Article 31 – paragraph 5: (2a) in Article 31, paragraph 5 is replaced by the following: / "5. In addition to the payments provided for in paragraph 2, Member States may grant payments under this measure between 2014 and 2020 to beneficiaries in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period. For beneficiaries in areas that are no longer eligible following the new delimitation referred to in Article 32(3), those payments shall be degressive over a maximum period of four years. That period shall start on the date that the delimitation in accordance with Article 32(3) is completed and at the latest in 2019. Those payments shall start at no more than 80 % of the average payment fixed in the programme for the programming period 2007-2013 in accordance with Article 36(a)(ii) of Regulation (EC) No 1698/2005, and shall end at the latest at the end of the transitional period referred to in Article -1 of Regulation (EU)…/… [Transitional Regulation] at no more than 20 %. When the application of degressivity results in the level of the payment reaching EUR 25, the Member State can continue payments at this level until the phasing out period is completed. / By way of derogation from the first subparagraph, where degressive payments start only in the year 2019, those payments shall start at no more than 80 % of the average payment fixed in the 2014-2020 programming period. The payment level shall be established in such a way that the end-lev…

RemovedThe extended transitional period for areas with natural constraints, which are no longer eligible for support under the new delimitation, ensures a smooth adaptation to new conditions for the farmers in these areas. The amendment ensures certainty and continuity of support for European farmers from disadvantaged areas during the transitional period.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 3, Article 33 – paragraph 2 – subparagraph 3: For new commitments to be undertaken as from the start of the transitional period, Member States shall determine a shorter period of one to five years in their rural development programmes. However, where necessary in order to achieve or maintain the animal welfare benefits sought, Member States may determine a longer period for new commitments. In that event, Member States shall take into account that those commitments need to be adapted in the preparation and content of the CAP strategic plan. Member States may provide for a renewal of commitments after the termination of the initial period in accordance with the first subparagraph.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 3 a (new), Article 38 – paragraph 3 – subparagraph 2: (3a) In Article 38(3), the second subparagraph is replaced by the following: / “Support under point (b) of Article 36(1) shall only be granted to cover for loss caused by the outbreak of adverse climatic events, an animal or plant disease, a pest infestation, or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest or an environmental incident, which destroy more than 20 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Indexes may be used in order to calculate the annual production of the farmer. The calculation method used shall permit the determination of the actual loss of an individual farmer in a given year."

RemovedThis amendment aims to anticipate passing the threshold of at least 20% losses as a trigger for compensation in terms of risk management. It follows on from the modifications adopted within the framework of the Omnibus and in line with the Commission's proposal in Article 70 of the Regulation on strategic plans.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 3 b (new), Article 39 – paragraph 1: (3b) In Article 39, paragraph 1 is replaced by the following: / "1. Support under point (c) of Article 36(1) shall only be granted where the drop of income exceeds 20 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of point (c) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual loss of income of the farmer."

RemovedThis amendment aims to anticipate passing the threshold of at least 20% losses as a trigger for compensation in terms of risk management. It follows on from the modifications adopted within the framework of the Omnibus and in line with the Commission's proposal in Article 70 of the Regulation on strategic plans.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 5 a (new), Article 51 – paragraph 2 – subparagraph 3 a (new): (5a) In Article 51(2), the following subparagraph is added: / “In the event that a Member State decides to make use of the possibility referred to in Article 1(1) of Regulation (EU) .../... [Transitional Regulation ], that Member State may decide to increase the 4 % limit referred to in this paragraph to up to 6 % for the duration of the transitional period referred to in Article -1 of that Regulation. The amount of such increase shall be compensated for by a lower percentage of technical assistance in the years 2022-2027 or, where Article -1(2) of that Regulation applies, in the years 2023-2027.”

RemovedThe nature of the proposed changes in the CAP reform will require significant planning and commitments from the agricultural sector and national administrations in implementation and in meeting its objectives and ambition. Allowing Member States to use a larger percentage of the funds allocated to technical assistance during the transitional period, would assist them in properly developing the tools and measures needed to achieve the set targets. A higher amount of technical assistance should be compensated for after the transitional period and therefore not imposed on farmers.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 6 – point a, Article 58 – paragraph 1 – subparagraph 2: Without prejudice to paragraphs 5, 6 and 7, the total amount of Union support for rural development under this Regulation for the transitional period as referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation], shall be maximum EUR X*, in current prices, in accordance with the multiannual financial framework for the years 2021 to 2027. / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1305/2013

RemovedArticle 8 – paragraph 1 – point 9 a (new), Article 82 a (new): (9a) The following Article is added to the end of Title VIII: / “Article 82a / National fiscal measures / In order to limit the effects of income variability, Articles 107, 108 and 109 TFEU shall not apply to national fiscal measures whereby Member States decide to deviate from general tax rules by allowing for the income tax base applied to farmers to be calculated on the basis of a multiannual period, including by deferring part of the tax base, or by allowing the exclusion of amounts placed in a dedicated agricultural savings account."

RemovedThis amendment aims to anticipate the application of a new regulatory measure proposed in the framework of Regulation COM (2018) 392 on strategic plans under the CAP in Article 133 thereof adopted by the Committee on Agriculture in April 2019. It aims to allow farmers to set up precautionary savings schemes without falling under the state aid scheme.

RemovedRegulation (EU) No 1306/2013

RemovedArticle 9 – paragraph 1 – point -1 (new), Article 25: (-1) Article 25 is replaced by the following: / "Article 25 / A reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution ("the reserve for crises in the agricultural sector") shall be established at the beginning of each year in the EAGF. / The total amount of the reserve shall be EUR 2800 million with equal annual instalments of EUR 400 million (at 2011 prices) for the period 2014-2020 and shall be included under Heading 2 of the Multiannual Financial Framework as set out in the Annex to Regulation (EU, Euratom) No1311/2013. / For 2021, the amount of the reserve shall be EUR 400 million (at 2011 prices) in addition to the EAGF and EAFRD budgets and shall be included under Heading 3 of the Multiannual Financial Framework as set out in the Annex to Council Regulation (EU) .../... *[MFF]. / At the beginning of the years following2021, the amount of the reserve shall be at least equal to the initial amount allocated in 2021 and shall be adjusted through the annual budgetary procedure or during the year, where appropriate, in view of market crisis developments or perspectives in the current or following year and taking into account available revenues assigned to the EAGF or margins of available appropriations under the EAGF sub-ceiling. / Where those available appropriations are not sufficient, financial discipline may be used as a last resort to finance the reserve up to the amoun…

Removedhttps://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1306

RemovedIn line with the MFF position of the European Parliament, this amendment aims to state in the crisis reserve article that the initial capital of the reserve for the 2021-2027 period should be additional to the CAP budget and should be placed in the reserve at the beginning of the programming period. Moreover, in order do not lose this money at the end of the first year, the reform of the functioning of the reserve should be anticipated to allow the carryover of non-committed funds from 2021 to the following years.

RemovedRegulation (EU) No 1306/2013

RemovedArticle 9 – paragraph 1 – point 1, Article 25 – paragraph 3: deleted / (deleted)

RemovedRegulation (EU) No 1306/2013

RemovedArticle 9 – paragraph 1 – point 3, Article 35 – paragraph 5: 5. For programmes for which Member States decide to extend the 2014–2020 period in accordance with Article 1(1) of Regulation (EU) [XXXX/XXXX] [This Regulation], no pre-financing shall be granted for the allocations during the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation].

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 1, Article 11 – paragraph 6 – subparagraph 4: For every year of the transitional period referred to in Article -1 of Regulation (EU).../2020 of the European Parliament and of the Council [Transitional Regulation], Member States shall notify the Commission of the decisions taken in accordance with this Article and of any estimated product of reductions by 1 August of the preceding year.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point a, Article 14 – paragraph 1 – subparagraph 7: By 31 December 2020, Member States may decide to make available, as additional support financed under the EAFRD in financial year 2022, up to 15 % of their annual national ceilings for calendar year 2021 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point a a (new), Article 14 – paragraph 1 – subparagraph 7 a (new): (aa) in paragraph 1, the following subparagraph is added: / "Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States may decide by 31 December 2020, to make available, as additional support financed under the EAFRD in financial year 2023, up to 15 % of their annual national ceilings for the calendar year 2022 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen."

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point b, Article 14 – paragraph 2 – subparagraph 7: By 31 December 2020, Member States which do not take the decision referred to in paragraph 1 for financial year 2022, may decide to make available as direct payments up to 15 %, or in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2022 by Union legislation adopted after the adoption of Council Regulation (EU) [xxxx/xxxx]*[MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 2 – point b a (new), Article 14 – paragraph 2 – subparagraph 7 a (new): (ba) in paragraph 2, the following subparagraph is added: / "Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States which do not take the decision referred to in paragraph 1 of this Article for financial year 2023, may by 31 December 2020 decide to make available as direct payments up to 15 % or, in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden, up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2023 by Union legislation adopted after the adoption of Council Regulation (EU) …/… [MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission by 31 December 2020 and shall set out the percentage chosen."

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 3, Article 15a – title: Notifications for calendar years during the transitional period

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 3, Article 15a – paragraph 1: For every calendar year of the transitional period, Member States shall notify the percentages of the annual national ceiling referred to in Articles 22(2), 42(1), 49(1), 51(1) and 53(6) by 1 August of the preceding year.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 4, Article 22 – paragraph 5 – subparagraph 2: For every calendar year of the transitional period, if the ceiling for a Member State set by the Commission pursuant to paragraph 1 is different from that of the previous year as a result of a change in the amount set out in Annex II or as a result of any decision taken by that Member State in accordance with paragraph 3 of this Article, Article 14(1) or (2), Article 42(1), Article 49(1), Article 51(1), or Article 53, that Member State shall linearly reduce or increase the value of all payment entitlements and/or reduce or increase the national reserve or regional reserves in order to ensure compliance with paragraph 4 of this Article.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 5, Article 23 – paragraph 6 – subparagraph 4: For every calendar year of the transitional period, Member States applying the first subparagraph of paragraph 1 shall notify the Commission by 1 August of the preceding year of the decisions referred to in paragraphs 2 and 3.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 6, Article 25 – paragraph 11– subparagraph 1 – introductory part: After having applied the adjustment referred to in Article 22(5), Member States that have made use of the derogation provided for in paragraph 4 of this Article shall ensure that payment entitlements held by farmers on 31 December 2019 and, where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, 31 December 2020, having a value lower than the national or regional unit value for the subsequent year of the transitional period as calculated in accordance with the second subparagraph of this paragraph have their unit value increased towards the national or regional unit value in the corresponding year. The increase shall be calculated under the following conditions:

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 6, Article 25 – paragraph 11 – subparagraph 1 – point b: (b) to finance the increase, all or part of the owned or leased-in payment entitlements held by farmers on 31 December 2019 and, where Article -1(2) of the Regulation (EU) .../... [Transitional Regulation] applies, 31 December 2020, having a value higher than the national or regional unit value in the subsequent year of the transitional period as calculated in accordance with the second subparagraph shall be reduced. That reduction shall apply to the difference between the value of those entitlements and the national or regional unit value in the corresponding year. The application of that reduction shall be based on objective and non-discriminatory criteria, which may include the fixing of a maximum decrease.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 6, Article 25 – paragraph 11 – subparagraph 2: The national or regional unit value for the years during the transitional period referred to in the first subparagraph shall be calculated by dividing the national or regional ceiling for the basic payment scheme set in accordance with Article 22(1) or 23(2) for the year in question, excluding the amount of the national or regional reserve(s), by the number of the owned or leased-in payment entitlements held by farmers on 31 December of the preceding year.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 6, Article 25 – paragraph 11 – subparagraph 3: deleted

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 7, Article 25 – paragraph 12: 12. For the whole of the period of application of this Regulation, Member States shall apply further internal convergence by applying paragraph 11 to the respective year.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 8, Article 29 – paragraph 2 a (new): Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, Member States shall notify, for calendar year 2022, any decisions referred to in Article 25(12) of this Regulation by 1 August 2021.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 9, Article 30 – paragraph 8 – subparagraph 4: For allocations from the reserve in 2021, and, where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, for allocations from the reserve in 2022, the amount of the reserve to be excluded in accordance with the second subparagraph shall be adjusted in accordance with the second subparagraph of Article 22(5). For allocations from the reserve in 2021 and, where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, for allocations from the reserve in 2022, the third subparagraph of this paragraph shall not apply.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 10 a (new), Article 37 – paragraph 1 – subparagraph 1 a (new): (10a) In Article 37(1), the following subparagraph is added: / "Member States granting transitional national aid in 2020 may continue to do so until the end of the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation]."

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 10 b (new), Article 37 – paragraph 4 – indents 6 a and 6 b (new): (10b) In Article 37(4), the following indents are added: / “- 50 % in 2021, / - where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, 50 % in 2022.”

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 13, Article 58 – paragraph 3 – subparagraph 2 – indent 1: – Bulgaria: EUR X* / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 13, Article 58 – paragraph 3 – subparagraph 2 – indent 2: – Greece: EUR X*, / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 13, Article 58 – paragraph 3 – subparagraph 2 – indent 3: – Spain: EUR X*, / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 13, Article 58 – paragraph 3 – subparagraph 2 – indent 4: – Portugal: EUR X*.; / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1307/2013

RemovedArticle 10 – paragraph 1 – point 13, Article 58 – paragraph 3 – subparagraph 2 a (new): Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, the amount of the crop-specific payment per hectare of eligible area shall be calculated for 2022 by multiplying the yields established in paragraph 2 with the following reference amounts: / – Bulgaria: EUR X*, / – Greece: EUR X*, / – Spain: EUR X*, / – Portugal: EUR X*a. / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 1, Article 29 – paragraph 2 – subparagraph 2 – point a: (a) EUR X* for Greece; / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 1, Article 29 – paragraph 2 – subparagraph 2 – point b: (b) EUR X* for France; / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 1, Article 29 – paragraph 2 – subparagraph 2 – point c: (c) EUR X* for Italy.; / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 1, Article 29 – paragraph 2 – subparagraph 2 a (new): Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, the Union financing for the work programmes referred to in paragraph 1 shall, for 2022, be: / (a) EUR X* for Greece; / (b) EUR X* for France; and / (c) EUR X* for Italy. / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 2, Article 58 – paragraph 2 – subparagraph 2: The Union financing for the aid to producer organisations provided for in paragraph 1 shall be for 2021 EUR X* for Germany. / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 2, Article 58 – paragraph 2 – subparagraph 2 a (new): Where Article -1(2) of Regulation (EU) .../... [Transitional Regulation] applies, the Union financing for the aid to producer organisations provided for in paragraph 1 shall, for 2022, be EUR X* for Germany. / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament took a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 2 a (new), Article 68 – paragraph 1: (2 a) in Article 68, paragraph 1 is replaced by the following: / "1. Planting rights granted to producers in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 before 31 December 2015 which have not been used by those producers and are still valid by that date may be converted into authorisations under this Chapter as from 1 January 2016. Such conversion shall take place upon a request to be submitted by those producers before 31 December 2015. Member States may decide to allow producers to submit such a request to convert rights into authorisations until 31 December of the last year of the transitional period as referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation].” / (deleted)

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 2 b (new), Article 68 – paragraph 2: (2b) in Article 68, paragraph 2 is replaced by the following: / "2. Authorisations granted pursuant to paragraph 1 shall have the same period of validity as the planting rights referred to in paragraph 1. If these authorisations are not used, they shall expire at the latest by 31 December 2018, or, where a Member State has taken the decision referred to in the second subparagraph of paragraph 1, at the latest by 31 December of the third year after the end of the transitional period referred to in Article -1 of Regulation (EU) .../... [Transitional Regulation].”

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 2 c (new), Article 167 a (new): (2c) In Title II, Chapter III, Section 4, the following Article is added: / “Article 167a / Marketing rules to improve and stabilise the operation of the common market in the olive oil sector / 1. In order to improve and stabilise the operation of the common market in the olive oil sector, producer Member States may lay down marketing rules to regulate supply. Such rules shall be proportionate to the objective pursued and shall not: / (a) relate to any transaction after the first marketing of the produce concerned; / (b) allow for price fixing, including where prices are set for guidance or recommendation; / (c) render unavailable an excessive proportion of the yield that would otherwise be available. / 2. The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned. / 3. Member States shall notify the Commission of any decisions taken under this Article.”

RemovedThe inclusion of a new article with the purpose of being able to apply a similar mechanism to that included in Article 167 Regulation (EU) 1308/2013 for the wine sector to the olive oil sector, which would allow for the specific needs of the sector to be met by improving its power to self-regulate.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 2 d (new), Article 211 – paragraph 2 a (new): (2d) In Article 211, the following paragraph is added : / "2a. By way of derogation from paragraph 1 and in order to limit the effects of income variability, by encouraging farmers to build up savings in good years in order to cope with bad years, Articles 107, 108 and 109 TFEU shall not apply to national fiscal measures whereby Member States decide to deviate from general tax rules by allowing for the income tax base applied to farmers to be calculated on the basis of a multiannual period, including by carrying forward part of the tax base including by deferring part of the tax base, or by allowing the exclusion of amounts placed in a dedicated agricultural savings account."

RemovedIn order to help farmers face income variability, Member States may adapt their national fiscal measures to allow multiannual period basis or temporary exclusion of amounts placed in dedicated saving accounts. Such measures should be exempted from state aid rules.

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 2 e (new), Article 214a – paragraph 1 a (new): (2e) In Article 214a, the following paragraph is inserted after the first paragraph: / "By way of derogation from the first paragraph and subject to authorisation by the Commission, Finland may, during the transitional period provided for in Article -1 of Regulation (EU) .../... [Transitional Regulation], continue to grant national aid which it granted in 2020 to producers on the basis of this Article. "

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 3 a (new), Annex VIII – Part I – Section D – point 7 a (new): (3a) In Annex VIII, Part I, Section D, the following point is added: / “7a. Notwithstanding points 1 and 3, in specific cases and for duly substantiated reasons and in the presence of homogeneous productive and environmental characteristics, Member States may authorise the processes referred to in Sections B and C to be carried out in a wine-growing zone bordering the zone in which the fresh grapes used were harvested.”

RemovedRegulation (EU) No 1308/2013

RemovedArticle 11 – paragraph 1 – point 3 b (new), Annex VIII – Part I – Section D – point 7 b (new): (3b) In Annex VIII, Part I, Section D, the following point is added: / “7b. In winegrowing regions affected by the area bordering the two winegrowing areas and in the presence of homogeneous productive and environmental characteristics, Member States may, notwithstanding points 1 and 3, authorise the processes referred to in Sections B and C to be carried out in a wine-growing zone bordering the zone in which the fresh grapes used were harvested.”

RemovedRegulation (EU) No 228/2013

RemovedArticle 12 – paragraph -1 (new), Article 22 a (new): (-1) The following Article is inserted: / “Article 22a / Agreements within the trade / 1. By way of derogation from Articles 164 and 165 of Regulation (EU) No 1308/2013, where an interbranch organisation recognised pursuant to Article 157 of that Regulation, operating in an outermost region and considered to be representative of the production of, or trade in, or processing of one or more products of that region, the Member State concerned may, at the request of that interbranch organisation, make binding for a renewable period of one year agreements, decisions or concerted practices agreed within that organisation for other economic operators acting in the outermost region in question, whether individuals or groups, who do not belong to that organisation. / 2. Where the rules of a recognised interbranch organisation are extended pursuant to paragraph 1, and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to products solely destined for the local market of that outermost region, the Member State may, after consulting the relevant stakeholders, decide that individual economic operators or groups, which are not members of that interbranch organisation but which operate on the market in question, are to pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities …

RemovedRegulation (EU) No 228/2013

RemovedArticle 12 – paragraph 1, Article 30 – paragraph 2: deleted / (deleted) / (deleted) / (deleted)

RemovedRegulation (EU) No 228/2013

RemovedArticle 12 – paragraph 1, Article 30 – paragraph 3 – subparagraph 1 – indent 1: — in the French overseas departments: EUR 35 000 000,

RemovedRegulation (EU) No 228/2013

RemovedArticle 12 – paragraph 1, Article 30 – paragraph 3 – subparagraph 1 – indent 2: deleted

RemovedRegulation (EU) No 228/2013

RemovedArticle 12 – paragraph 1, Article 30 – paragraph 3 – subparagraph 1 – indent 3: deleted

RemovedRegulation (EU) No 229/2013

RemovedArticle 13, Article 18 – paragraphs 2 and 3: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

RemovedRegulation (EU) No 1305/2013

RemovedAnnex I – paragraph 1 – point 2, Annex I – part 2 – title: Part two: Breakdown of Union support for rural development (yearly for the transitional period as provided for in Article -1 of Regulation (EU)…/... [Transitional Regulation])

RemovedRegulation (EU) No 1305/2013

RemovedRegulation (EU) No 1307/2013

RemovedAnnex II – paragraph 1 – point 1, Annex II – table – column 7a: Transitional period as provided for in Article -1 of Regulation (EU) …/... [Transitional Regulation] (yearly*) / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament takes a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedRegulation (EU) No 1307/2013

RemovedAnnex II – paragraph 1 – point 2, Annex III – table – column 7a: Transitional period as provided for in Article -1 of Regulation (EU) …/... [Transitional Regulation] (yearly*,**) / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament takes a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU. / ** The amounts shall include the expenses relating to the operations committed within the framework of the previous five-year programming period and for which the payments are being made during the current five-year programming period.

RemovedRegulation (EU) No 1308/2013

RemovedAnnex III, Annex VI – title: BUDGETARY LIMITS FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 44(1)* / * The amounts shall also include the expenses relating to the operations committed within the framework of the previous five-year programming period and for which the payments are being made during the current five-year programming period.

RemovedThis amendment is consistent with the amendment tabled in paragraph 3 of Article 7 of this regulation relating to national wine programmes.

RemovedRegulation (EU) No 1308/2013

RemovedAnnex III, Annex VI – table – column 6: 2021 onwards* / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / X / * In its resolution of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement (P8_TA(2018)0449), the European Parliament takes a position in favour of maintaining the financing of the CAP for the EU-27 at the level of the 2014-2020 budget in real terms, while budgeting the initial amount of the agricultural reserve, namely EUR 383 255 million in 2018 prices (EUR 431 946 million in current prices). The figures provided for in this Regulation should therefore be calculated on the basis of the figures agreed for the MFF 2021-2027 or, should that MFF not be adopted in time, on the basis of extended 2020 ceilings and provisions in accordance with Article 312(4) TFEU.

RemovedThe legislative procedure of Common Agriculture Policy reform has not been concluded in time to allow Member States and the Commission to prepare all the elements necessary to apply the new legal framework and the CAP Strategic Plans as of 1 January 2021. For this reason, the European Commission proposed a regulation on CAP transition on 31 October 2019 for the year 2021.

RemovedThe delay in completing the CAP reform and the Multiannual Financial Framework for the years 2021-2027 creates uncertainty for farmers and the agriculture sector. In order to alleviate the uncertainty, this report builds on the Commission’s proposal to ensure the continued application of the current rules and uninterrupted payments to the farmers and other beneficiaries.

RemovedThe objective of the Rapporteur is to build stability and security for farmers and the agriculture sector as a whole and to ensure a clear path towards the new CAP programming period. This is to be achieved with a balanced and streamlined Transitional Regulation based on the current CAP rules. The Rapporteur considers this as essential, as farmers and the food sector will only know the final content of the new Transitional Regulation and its implications a few months before the legislation will enter into force. Given the fact that many farm level investments and orders for the next year are done in the summer months, the Rapporteur stresses the need for a seamless continuation of existing rules and structures and she considers it prudent that there is rapid and clear decision-making from European institutions on this regulation.

RemovedThe Rapporteur agrees with the main principle of European Commission´s proposal of continuing with old rules and new money but states categorically that the transition period should in no way represent farmers working under old rules with less money. This draft report is strongly against any reductions in agriculture funding, as the income of the European farmers is already lower than average compared to other sectors. This regulation should respect the provision to ensure a fair standard of living for farmers as enshrined in the Treaty on the Functioning of European Union. Therefore, the report builds on the budgetary line adopted by European Parliament on the Multiannual Financial Framework, which calls for EU-funding for agriculture sector to remain at the current level.

RemovedThe Rapporteur views this regulation as an important bridge between the CAP programming periods and considers that the Transitional Regulation should offer the Member States sufficient time to prepare their respective national strategic plans as well as the administrative and IT structures necessary for successful implementation of the new legal framework. Therefore, a sufficient transition period respecting these time frames would provide much needed stability and certainty for the farming sector in the transition towards the new CAP programming period.

RemovedThe report underscores the need for Member States and European Commission to extensively consult with farmers and all relevant stakeholders during the preparation of their CAP Strategic Plans. It is stated that the work on the development of Member States’ Strategic Plans should be undertaken without delay to ensure a smooth transition for farmers into a new programming period.

RemovedDuration

RemovedIn its proposal, the Commission proposed a transitional period of one year. While the Rapporteur supports this duration in principle, it is apparent that due to the complexities and the state of play in the procedure of deciding on the next Multiannual Financial Framework and CAP reform there is a possibility that a one-year transition period may not be sufficient. According to the CAP post 2020 proposal, it is foreseen by the European Commission that the Member States and national administrations would need at least one year in advance to prepare their Strategic Plans and the European Commission would then have several months for the approval process. For these reasons and while agreeing with the principle of a one year transitional period, the Rapporteur has proposed the introduction of a safeguard which would allow for an extension of the transitional period for an additional year if needed.

RemovedThe Official Journal publication deadline of 30 September 2020 being set for the triggering of the safeguard was calculated taking into account the complexities of the legislative procedure and the necessary time required before new CAP rules can be successfully applied. In determining a deadline compatible with the above-mentioned timeframe, the Rapporteur is of the view that, the point when the agreement between the co-legislators is reached presents sufficient guarantee for the Member States to start the preparation process. In the Rapporteur’s view, this agreement would need to be reached by 30 June 2020 at the latest.

RemovedThe Rapporteur takes a pragmatic approach to the Transitional Regulation and underlines that it should be kept separated from CAP reform. A guiding principle of the Rapporteur in drafting this report is that new initiatives should not be introduced in the transitional rules. The basis for this approach is that this legislation will be in force in 11 months from the tabling of this report and it is neither fair nor realistic to ask European farmers to implement new measures, which have not been discussed fully and approved by the co-legislators in advance of the legislation coming into force.

RemovedIn the CAP reform, new measures and rules will be introduced and the Commission have indicated that further consideration of these measures and rules is needed in light of their Communication on the European Green Deal, published 11 December 2019. The Rapporteur considers the European Green Deal as an important and overarching proposal shaping the long-term future of European agriculture and food production. However, the Rapporteur believes that these considerations must be dealt with in the CAP reform proposals and not in this regulation, as it would risk having two parallel reform processes which would pose a significant and costly uncertainty to farmers and the agriculture sector overall.

RemovedBuilding continuity and opportunity into the transition

RemovedThe Rapporteur underlines that all the measures taken during the transitional period must be based on current rules and tools. In respect of the continuation of the current CAP rules, the Rapporteur has proposed that Member States should be able to increase their co-financing in the second pillar. It is important to allow the continuation of the current rural development programmes without any cuts for the farmers and beneficiaries.

RemovedFurthermore, this possibility would support the Member States’ commitment to keeping the environmental measures at least at the current level as proposed by the Commission. In the report, it is proposed that the Member States will have the opportunity to extend the scope of their agri-environment and climate measures as part of their rural development program during the transition period.

RemovedThe report adjusts the approval process of the European Commission on extension of Rural Development programs. According to the Rapporteur, the Commission should sufficiently justify its decision to reject the extension of programmes, which would help ensure the legal security and continuity of payments to farmers in a timely manner. It is stated, that timely and detailed guidance for Member States is essential in order to avoid any risk to the stability of the agricultural sector.

RemovedThe report proposes to streamline the duration of already adopted operational programmes. In order to safeguard legal certainty and to allow equal treatment the operational programmes in the fruit and vegetable sector should be allowed to run unchanged until their respective end dates.

RemovedA limitation of a maximum of 3 years on new commitments made in 2021 can be considered appropriate for the majority of the rural development measures. On the other hand agri-environment-climate measures under Article 28 (5) of 1305/2013 contributing to the implementation of the Water Framework Directive, the Natura 2000 Directives or the fulfillment of the Effort Sharing Regulation (EU) 2018/842 depend on the possibility to provide long-term commitments to compensate beneficiaries for the maintenance of the land in accordance with the above mentioned legal acts. Therefore, the 3 years limit should not apply to these measures on the condition that those measures are integrated into the new CAP strategic plan framework.

RemovedThe Rapporteur proposes following the logic of continuing with current rules also on transitional national aid and other similar systems, which were not prolonged in the Commission proposal. This approach would follow the general objective to ensure uninterrupted continuation of support to farmers and other beneficiaries during the transitional period and would allow the respective sectors to adapt. Through the continuation of these payments, stability, predictability and the ability to plan can be ensured for farmers. Eliminating these payments from one day to another would have a significant negative impact on several sensitive agriculture sectors in Europe.

RemovedThe report prepares the ground for a smoother transition to the new CAP by increasing technical assistance and encouraging Member States to start preparing the Strategic Plans as early as possible. Transition to a new programming period presents further administrative requirements for national administrations, with a potential risk of impact on the final beneficiaries. The substantial nature of the proposed changes in this CAP reform will also require significant planning and commitments from the agricultural sector in implementation and in meeting the objectives and ambition. The Rapporteur believes that it is necessary to allow the Member States to use a larger percentage of the funds allocated to technical assistance during the transitional period, in order to properly develop the necessary tools and measures to achieve the set targets. A higher amount of technical assistance should to be compensated for after the transitional period and the financial burden not imposed on farmers.

RemovedLETTER FROM THE COMMITTEE ON BUDGETS

RemovedMr Norbert Lins

RemovedChair

RemovedCommittee on Agriculture and Rural Development

RemovedBRUSSELS

RemovedSubject: Opinion on a Regulation laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 (COM(2019)0581 – C90162/2019 – 2019/0254(COD))

RemovedDear Chair,

RemovedThe Committee on Agriculture and Rural development (AGRI) is preparing a report on a Commission proposal for a Regulation laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 (2019/0254(COD)).

RemovedThe Committee on Budgets decided to submit an opinion in the form of a letter:

RemovedA. Whereas the Commission submitted a set of budgetary and sectoral legislative proposals in May/June 2018 in view of the next Multiannual Financial Framework (MFF) 2021-2027, including new regulations for a reformed European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD);

RemovedB. Whereas a successful transition to the next generation of expenditure programmes and support schemes under the financial programming period 2021-2027 will depend on the timely adoption of the overarching MFF legislation as well as the basic acts for the reformed financing instruments;

RemovedC. Whereas considerable progress has been made in the legislative negotiations between the Council and the European Parliament on most on the sectoral legislation; whereas, however, the negotiations on the reformed Common Agricultural Policy have been suffering severe procedural delays;

RemovedD. Whereas the Council appears to be making only very slow progress towards an agreement on the financial package for the next MFF;

RemovedE. Whereas the recipients and final beneficiaries of EU money who actually implement the policies and underlying programmes should not be harmed by legislative delays and legal uncertainties;

RemovedF. Whereas, beyond a valid legal basis, a number of operational and strategic plans must be prepared even before the first of January 2021 in order for the new policies to be launched;

RemovedG. Whereas, against this backdrop, the European Parliament adopted a Resolution on 10 October 2019 ‘Multiannual Financial Framework 2021-2027 and own resources: time to meet citizens’ expectations’ which calls for a safety net to protect the beneficiaries of EU programmes and urges the Commission to start preparing an MFF contingency plan with the aim of ensuring the continuity of funding in the event that it is necessary to extend the current MFF;

RemovedH. Whereas continued support to farmers under the direct payment schemes in 2021 should proceed without legal inconsistencies; whereas amendments are necessary to allow for the application of internal convergence and the prolongation of the Single area payment scheme for 2021; whereas the amounts of 2021 for several programmes have to be updated;

RemovedI. Whereas, in the absence of well-defined national envelopes beyond 2020, Member States would risk not being able to undertake new legal commitments in the area of Rural Development;

RemovedJ. Whereas, in the absence of certain technical adaptations, inconsistencies would occur in relation to the crisis reserve, deadlines linked to the extension of rural development programme and pre-financing provisions;

RemovedAcknowledging the delays in the legal procedures and striving to ensure a viable transition from one financial framework period to the next, and aware of the risks for Member States and final beneficiaries that could arise from legal uncertainties, the Committee on Budgets therefore:

Removed1. Supports the objectives of the transitional package as proposed by the Commission, in particular the continuity of CAP support under both pillars in 2021 under the current rules in case of further delays in the negotiations on the agricultural reform package for the period 2021-2027;

Removed2. Calls for the swift adoption of the transitional regulation;

Removed3. Requests transparent and timely information on any resulting changes in the CAP legal bases that have an impact on the annual budgetary procedures 2020 and beyond;

Removed4. Expects these transitional measures to be without prejudice to and not to lead to additional delays in the sectoral legislative process towards the reform of the Common Agricultural Policy.

RemovedYours sincerely,

RemovedJohan Van Overtveldt

Removed28.4.2020