# L_2022189EN.01001801.xml

| 18.7.2022 | EN | Official Journal of the European Union | L 189/18 |
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18.7.2022

EN

Official Journal of the European Union

L 189/18

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COMMISSION IMPLEMENTING REGULATION (EU) 2022/1228

of 14 July 2022

derogating from Implementing Regulation (EU) 2017/892 for the year 2022 as regards applications for aid as well as applications for advance payments and for partial payments due to the crisis caused by Russia’s invasion of Ukraine

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 38(c), (e) and (l), thereof,

Whereas:

| (1) | Due to the current crisis caused by Russia’s invasion of Ukraine on 24 February 2022, which commenced shortly after the COVID-19 crisis, farmers in all Member States are facing exceptional difficulties. Logistical problems have made farmers in the EU vulnerable to the economic disruption caused by this crisis, and they are currently facing financial difficulties and cash-flow problems. In view of the ongoing market disturbances and the unprecedented combination of circumstances, farmers in all Member States have encountered exceptional difficulties in the planning, implementation and execution of aid schemes laid down in Regulation (EU) No 1308/2013. It is therefore necessary to alleviate those difficulties by derogating from certain provisions of Commission Implementing Regulation (EU) 2017/892 (2). |
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(1)

Due to the current crisis caused by Russia’s invasion of Ukraine on 24 February 2022, which commenced shortly after the COVID-19 crisis, farmers in all Member States are facing exceptional difficulties. Logistical problems have made farmers in the EU vulnerable to the economic disruption caused by this crisis, and they are currently facing financial difficulties and cash-flow problems. In view of the ongoing market disturbances and the unprecedented combination of circumstances, farmers in all Member States have encountered exceptional difficulties in the planning, implementation and execution of aid schemes laid down in Regulation (EU) No 1308/2013. It is therefore necessary to alleviate those difficulties by derogating from certain provisions of Commission Implementing Regulation (EU) 2017/892 (2).

| (2) | Pursuant to Article 9(1) of Implementing Regulation (EU) 2017/892, producer organisations are to submit an application for aid, or for the balance thereof, to the competent authority of the Member State for each operational programme for which aid is requested by 15 February of the year following the year for which the aid is requested. Pursuant to Article 9(3), first subparagraph, of that Implementing Regulation, the aid applications may cover expenditure programmed but not incurred if certain elements are proved. Those elements include that the operations concerned could not be carried out by 31 December of the year of the implementation of the operational programme, for reasons outside the control of the producer organisation concerned and that those operations can be carried out by 30 April of the year following the year for which the aid is requested. In view of Russia’s invasion of Ukraine, it is appropriate to derogate from Article 9(3), first subparagraph, point (b), of that Implementing Regulation and provide that the aid applications to be submitted by 15 February 2023 may cover expenditure for operations programmed for the year 2022 but not carried out by 31 December 2022, if those operations can be carried out by 15 August 2023. |
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(2)

Pursuant to Article 9(1) of Implementing Regulation (EU) 2017/892, producer organisations are to submit an application for aid, or for the balance thereof, to the competent authority of the Member State for each operational programme for which aid is requested by 15 February of the year following the year for which the aid is requested. Pursuant to Article 9(3), first subparagraph, of that Implementing Regulation, the aid applications may cover expenditure programmed but not incurred if certain elements are proved. Those elements include that the operations concerned could not be carried out by 31 December of the year of the implementation of the operational programme, for reasons outside the control of the producer organisation concerned and that those operations can be carried out by 30 April of the year following the year for which the aid is requested. In view of Russia’s invasion of Ukraine, it is appropriate to derogate from Article 9(3), first subparagraph, point (b), of that Implementing Regulation and provide that the aid applications to be submitted by 15 February 2023 may cover expenditure for operations programmed for the year 2022 but not carried out by 31 December 2022, if those operations can be carried out by 15 August 2023.

| (3) | Pursuant to Article 11(1), first subparagraph, of Implementing Regulation (EU) 2017/892 applications for advance payments may be submitted as decided by the Member State, either on a three-monthly basis in January, April, July and October or on a four-monthly basis in January, May and September. Pursuant to Article 12(2) of that Implementing Regulation, applications for partial payments may be submitted at any time, but no more than three times each year. In order to allow flexibility for the management of operational programmes by recognised producer organisations, including their financing, it is appropriate to derogate from those provisions and provide that applications for advance payments may be submitted at any time in the year 2022 and that applications for partial payments may be submitted more than three times in the year 2022. |
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(3)

Pursuant to Article 11(1), first subparagraph, of Implementing Regulation (EU) 2017/892 applications for advance payments may be submitted as decided by the Member State, either on a three-monthly basis in January, April, July and October or on a four-monthly basis in January, May and September. Pursuant to Article 12(2) of that Implementing Regulation, applications for partial payments may be submitted at any time, but no more than three times each year. In order to allow flexibility for the management of operational programmes by recognised producer organisations, including their financing, it is appropriate to derogate from those provisions and provide that applications for advance payments may be submitted at any time in the year 2022 and that applications for partial payments may be submitted more than three times in the year 2022.

| (4) | In view of the necessity to take immediate action, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. As the operational programmes are implemented on the basis of a calendar year, the derogations relating to the applications for advance and partial payments provided for in this Regulation should apply retroactively from 1 January 2022. |
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(4)

In view of the necessity to take immediate action, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. As the operational programmes are implemented on the basis of a calendar year, the derogations relating to the applications for advance and partial payments provided for in this Regulation should apply retroactively from 1 January 2022.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
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(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Derogations from Implementing Regulation (EU) 2017/892

1.   By way of derogation from Article 9(3), first subparagraph, point (b), of Implementing Regulation (EU) 2017/892, the aid applications to be submitted by 15 February 2023 may cover expenditure for operations programmed for the year 2022 but not carried out by 31 December 2022 if those operations can be carried out by 15 August 2023.

2.   By way of derogation from Article 11(1), first subparagraph, of Implementing Regulation (EU) 2017/892, applications for advance payments may be submitted at any time in the year 2022.

3.   By way of derogation from Article 12(2), of Implementing Regulation (EU) 2017/892, applications for partial payments may be submitted more than three times in the year 2022.

Article 2

Entry into force and application

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

Official Journal of the European Union

Article 1(2) and (3) shall apply from 1 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 July 2022.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 347, 20.12.2013, p. 671.

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(2)  Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors (OJ L 138, 25.5.2017, p. 57).

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