# Official Journal C 488/2021

| | ISSN 1977-091X |
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| Official Journal
  of the European Union | C 488 |
| | |
| English edition | Information and Notices | Volume 646 December 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 488

English edition

Information and Notices

Volume 646 December 2021

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| Contents | page |
| --- | --- |
| | II   Information |
| | JOINT DECLARATIONS |
| | European ParliamentCouncilEuropean Commission |
| 2021/C 488/01 | Statements on Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 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 Regulations (EU) No 1305/2013 and (EU) No 1307/2013 | 1 |
| 2021/C 488/02 | Statements on Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 | 3 |
| 2021/C 488/03 | Statements on Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union | 6 |

Contents

page

II   Information

JOINT DECLARATIONS

European ParliamentCouncilEuropean Commission

2021/C 488/01

Statements on Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 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 Regulations (EU) No 1305/2013 and (EU) No 1307/2013

1

2021/C 488/02

Statements on Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013

3

2021/C 488/03

Statements on Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union

6

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EN

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II Information

JOINT DECLARATIONS

European Parliament Council European Commission

| 6.12.2021 | EN | Official Journal of the European Union | C 488/1 |
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6.12.2021

EN

Official Journal of the European Union

C 488/1

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Statements on Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 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 Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (1)

(2021/C 488/01)

Statement by the Council on the simplification of the CAP

The New Delivery Model (NDM) should allow the replacement of compliance-based clearance of expenditure by a performance-based clearance of expenditure, leaving the conception of control and sanction systems at national level, which is a matter of subsidiarity left to the Member States.

The Council requests that the provisions to be issued by the Commission in the future guidelines take full account of the rationale of the New Delivery Model. They should not lead to the reintroduction of compliance requirements that go beyond the scope defined by Article 37 of the horizontal regulation.

In particular, they should provide a better framework for the procedure to determine the amounts to be excluded from EU financing, in line with the current programming, taking into account the nature of the infringement in order to ensure that they are proportionate to the level of financial damage caused to the EU, particularly for the impacts of conditionality-related anomalies. In this regard, we would urge that the definition of serious deficiencies in the governance systems be further clarified. A deficiency can be detected when assessing the functioning of the governance bodies and the basic Union requirements including the reporting systems. This can be done by a review of the internal control system, including compliance testing. Financial corrections should be limited to scenarios where serious systematic deficiencies in the governance systems are detected. The amount to be excluded should be related to the amount unduly spent or to the administrative sanctions that would have been applied. The use of flat rate corrections should be limited to cases where it is impossible to calculate the exact amount unduly spent.

Furthermore, the guidelines will have to provide that the verifications expected from the certification bodies are limited, as regards the evaluation of the governance systems, to the management of the Union rules by these systems without extending it to the conditions of eligibility of individual beneficiaries laid down in the CAP Strategic Plans.

The Council asks the Commission to ensure, in accordance with the announced objectives, that the new delivery model does not lead to a significant increase of the burden for the Member States, but rather to an overall simplification, while guaranteeing the protection of the financial interests of the Union, in particular through the approval procedure of the CAP Strategic Plans and the implementation of Article 59 of the horizontal regulation. The Council also asks the Commission not to cancel the administrative gains from the introduction of the new Delivery Model by demanding additional reporting for monitoring and evaluation.

Joint statement by the European Parliament and the Council on the social dimension of the common agricultural policy

The European Parliament and the Council invite the Commission to monitor, via a study to be carried out two years after the first two years of application of social conditionality by all Member States, the impact of the mechanism on workers conditions and the functioning of the system of penalties and, where appropriate, to come forward with proposals to enhance the social dimension of the CAP.

By 2025, the Commission will assess the feasibility of including, in Annex XX, Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council (2) on free movement of workers and, where appropriate, come forward with proposals to that effect.

Commission statement on the possibility for Belgium to submit two CAP Strategic Plans

In view of the provisions of Article 104 of the CAP Strategic Plan Regulation agreed by the co-legislators and taking into account Belgium’s particular constitutional framework, the Commission confirms that it will accept that Belgium submits a CAP Strategic Plan for each of its relevant federated entities. This does not affect or alter Belgium’s legal obligations under the CAP Strategic Plan Regulation.

European Parliament statement on the role of the European Council as regards legislative elements of the common agricultural policy

The European Parliament deplores the fact that the European Council took decisions, in its conclusions of 21 July 2020, on legislative elements of the common agricultural policy that should have been decided under the ordinary legislative procedure in accordance with the Treaties. The European Parliament considers those unilateral pre-emptive decisions to be unacceptable and that they impinge on the rights of the European Parliament as a co-legislator acting on an equal footing with the Council.

The European Parliament deplores the fact that the Council was therefore unwilling to enter into meaningful negotiations with the European Parliament concerning those elements on the grounds that they had already been decided by the European Council.

In particular, the European Parliament notes that the Council did not enter into meaningful negotiations on the capping and degressivity provisions laid down in Article 17 and the flexibility between direct payments allocations and EAFRD allocations laid down in Article 96, and considers the outcome of negotiations on those Articles to be unsatisfactory.

The European Parliament deeply regrets the Council’s approach and considers that it undermines the proper functioning of the ordinary legislative procedure. The European Parliament therefore insists that this should not be repeated in any future negotiations in the context of the ordinary legislative procedure.

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(1)  OJ L 435, 6.12.2021, p. 1.

(2)  Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1).

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| 6.12.2021 | EN | Official Journal of the European Union | C 488/3 |
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6.12.2021

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Official Journal of the European Union

C 488/3

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Statements on Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (1)

(2021/C 488/02)

Statement by the Council on the simplification of the CAP

The New Delivery Model (NDM) should allow the replacement of compliance-based clearance of expenditure by a performance-based clearance of expenditure, leaving the conception of control and sanction systems at national level, which is a matter of subsidiarity left to the Member States.

The Council requests that the provisions to be issued by the Commission in the future guidelines take full account of the rationale of the New Delivery Model. They should not lead to the reintroduction of compliance requirements that go beyond the scope defined by Article 37 of the horizontal regulation.

In particular, they should provide a better framework for the procedure to determine the amounts to be excluded from EU financing, in line with the current programming, taking into account the nature of the infringement in order to ensure that they are proportionate to the level of financial damage caused to the EU, particularly for the impacts of conditionality-related anomalies. In this regard, we would urge that the definition of serious deficiencies in the governance systems be further clarified. A deficiency can be detected when assessing the functioning of the governance bodies and the basic Union requirements including the reporting systems. This can be done by a review of the internal control system, including compliance testing. Financial corrections should be limited to scenarios where serious systematic deficiencies in the governance systems are detected. The amount to be excluded should be related to the amount unduly spent or to the administrative sanctions that would have been applied. The use of flat rate corrections should be limited to cases where it is impossible to calculate the exact amount unduly spent.

Furthermore, the guidelines will have to provide that the verifications expected from the certification bodies are limited, as regards the evaluation of the governance systems, to the management of the Union rules by these systems without extending it to the conditions of eligibility of individual beneficiaries laid down in the CAP Strategic Plans.

The Council asks the Commission to ensure, in accordance with the announced objectives, that the new delivery model does not lead to a significant increase of the burden for the Member States, but rather to an overall simplification, while guaranteeing the protection of the financial interests of the Union, in particular through the approval procedure of the CAP Strategic Plans and the implementation of Article 59 of the horizontal regulation. The Council also asks the Commission not to cancel the administrative gains from the introduction of the new Delivery Model by demanding additional reporting for monitoring and evaluation.

Joint statement by the European Parliament, the Council and the Commission on further measures to protect the Union budget against fraud and irregularities by requiring a generalised application of a single data-mining tool in the framework of the Common Agricultural Policy

The Council and the European Parliament commit to examining a proposal on the compulsory use of a data-mining tool in the Member States, following the Commission’s report by 2025 assessing the use of the single data-mining tool and its interoperability with a view to its generalised use by Member States.

Statement by the Commission on certification bodies in the framework of the Common Agricultural Policy

The Commission takes note of the insertion of the new recital 13 into Regulation (EU) 2021/2116 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy regarding the communication of information on appointed certification bodies. The Commission receives information from the Member States on the appointment of public and private certification bodies and it keeps an up-to-date register of these bodies for monitoring purposes. The Commission recalls its commitment to communicate annually the list of the appointed certification bodies to the Parliament.

Statement by the Commission on the EAFRD de-commitments in the framework of the Common Agricultural Policy

The Commission confirms that, if there is a risk of de-commitment of EAFRD funding, the relevant services of the Commission shall send a letter to the Member States’ authorities to alert them of that risk in sufficient time before the applicable deadline of the automatic de-commitment. The purpose of that letter is to encourage an increase in the absorption of EAFRD funding and to explore with Member States what can be done to that effect.

The Commission endeavours to avoid de-commitments also where specific circumstances apply. To that end, the relevant rules laid down in Regulation (EU) 2021/2116 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy to interrupt the period for de-commitments in the event of on-going legal proceedings or administrative appeals will be fully applied. Moreover, in particular, the rule not to apply de-commitments in the event that budget commitments were not used for reasons of force majeure seriously affecting the implementation of the CAP Strategic Plans will be fully complied with.

Statement by the Commission on bundling of empowerments in the framework of the Common Agricultural Policy

The Commission recalls its commitment to observe the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. Point 31 of that Agreement states that, on condition that the Commission provides objective justifications based on the substantive link between two or more empowerments contained in a single legislative act, empowerments may be bundled. Consultations in the preparation of delegated acts also serve to indicate which empowerments are considered to be substantially linked.

Statement by the Commission on further measures to protect the EU budget against fraud and irregularities by requiring an obligatory use of a single data-mining tool provided by the Commission

In the Inter-institutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources, Points 30 to 33 require the Commission to make available an integrated and interoperable information and monitoring system including a single data-mining and risk-scoring tool to access and analyse the required data with a view to a generalised application by Member States. In addition, the three institutions agreed to sincerely cooperate, in the course of the legislative procedure relating to the relevant basic acts, to ensure the follow up to the European Council conclusions of July 2020 regarding this element.

The Commission welcomes the new provisions introducing the requirement for the Commission to make available a single data-mining tool and on the publication of groups in the articles in the Horizontal Regulation, however, the approach agreed by the co-legislators for the CAP does not appropriately reflect the desired ambition and spirit of the Inter-institutional Agreement. However, the Commission notes that similarly to the agreement for the Common provisions Regulation the use of the tool by the Member States is not obligatory. Therefore, in line with the Statement made by the Commission on the agreement reached by the co-legislators in the Common Provisions Regulation, the Commission considers that the agreement reached by the co-legislators for the CAP under Article 59(2) (Protection of the financial interests of the Union) on the use of a single data-mining tool, and the collection and publication of data on groups in Article 98 (Transparency) does not sufficiently enhance the protection of the Union budget against fraud and irregularities and to ensure efficient checks on conflicts of interest, irregularities, issues of double funding, and criminal misuse of the funds. The Commission therefore also welcomes the Joint Statement on the single data-mining tool by the three institutions.

Joint statement by the European Parliament and the Commission on annual performance monitoring in the framework of the Common Agricultural Policy

The European Parliament and the Commission recall that, in view of the new delivery model and the performance framework to be established in the Common Agricultural Policy (CAP) for the period 2023-2027, the annual performance reports, annual monitoring and the biennial performance review are of significant importance to uphold the ambitions set out in the CAP Strategic Plans.

In that context, the European Parliament and the Commission agree that it is necessary for the Commission to report annually to the European Parliament, in the Committee on Agriculture and Rural Development, on the progress made in the scope of the annual performance monitoring.

Statement by the European Parliament on the Common Agricultural Policy implementation and transparency

The new legal framework of the Common Agricultural Policy (CAP) comprises enhanced flexibility for Member States in the design and implementation of national strategic plans (NSPs). This allows for adaptation to local needs while continuing to ensure that general eligibility conditions are complied with by final beneficiaries. The new delivery model, introducing a performance-based approach, also includes a significant transfer of responsibility from the Union level to national administrations in the management and control of the Union’s agricultural funds.

The European Parliament considers the interinstitutional agreement reached between the co-legislators to contain the necessary safeguards preventing the risks identified for the correct implementation of Member States’ NSPs as approved by the Commission. The European Parliament will monitor closely the implementation of NSPs by Member States as approved by the Commission and will exercise fully its role of supervisor of the work of the Commission granted under the Treaties and as defined in the CAP Regulations.

The European Parliament considers the effective protection of the financial interests of the Union to be ensured by Regulation (EU) 2021/2116 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy, including the collection and publication of data on groups that ensure efficient checks on conflicts of interest, irregularities, issues of double funding, and criminal misuse of the funds. With a view to the use of a single data-mining tool in the Member States, the European Parliament welcomes the commitment to examine a proposal on its mandatory use in all Member States, following the Commission’s report, to be completed by 2025, assessing its use and its interoperability.

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(1)  OJ L 435, 6.12.2021, p. 187.

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| 6.12.2021 | EN | Official Journal of the European Union | C 488/6 |
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6.12.2021

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Official Journal of the European Union

C 488/6

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Statements on Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (1)

(2021/C 488/03)

Joint statement by the European Parliament, the Council and the Commission on proactive engagement at multilateral level concerning the application of EU health and environmental standards to imported agricultural products

The European Parliament, the Council and the Commission recognise the need to seek greater coherence between health and environmental standards that apply to agricultural products in the European Union and those that apply to imported agricultural products, in conformity with international trade rules. In order to tackle sustainable development issues, especially climate change and biodiversity loss, which are issues of global concern, and to match Citizens’ expectations for higher quality and more sustainable foods the European Union has continually raised these standards for many years. The European Green Deal and its sectoral strategies, including the Commission communication ‘Farm to Fork strategy’, strive to achieve this goal, and will result in a further raising of these standards applied within the EU, including, where relevant, for imported products.

The European Parliament, the Council and the Commission recognise the need to engage proactively at the multilateral level in increasing the ambition on international environmental objectives when enforcing and improving international trade rules. As stated in the Commission Trade Policy Review Communication, it is also appropriate for the European Union, under certain circumstances as defined by WTO rules, to require that imported agricultural products comply with certain production requirements so as to ensure the effectiveness of the health, animal welfare and environmental standards that apply to agricultural products in the European Union and to contribute to the full delivery of the European Green Deal and Farm to Fork Strategy communications. Given the importance of its market in international trade, the European Union can use its leverage capacity to raise health and environmental standards globally and thus contribute to achieving international environmental objectives such as those of the Paris Agreement.

The European Parliament, the Council and the Commission welcome the broader approach put forward in the Trade Policy Review, regarding the need for more engagement at the multilateral level to address key issues, such as strategic stocks, in particular because food is an essential good. Improving global food security implies reducing instability in agricultural markets by more cooperation at multilateral level going beyond reduction of market distortions, which is a necessary but not sufficient factor in stabilising international markets.

Joint statement by the European Parliament, the Council and the Commission on the CMO provisions related to the EU sugar sector

The European Parliament, the Council and the Commission recognise the difficulties faced by the sugar sector after the abolition of the sugar quotas in October 2017, characterised by instability on international markets, stagnating consumption and declining sugar beet and sugar production. This situation is source of concerns for the EU sugar sector.

The current state of the sector and its adaptation strategies will be assessed thoroughly within the framework of a study to be delivered in autumn 2021. The study will analyse the European and national policy instruments available for the sugar sector, the respective roles of the private sector and of the public institutions in responding to the major risks affecting the sector and will identify possible strategies to improve the resilience of the European sugar sector.

The European Parliament, the Council and the Commission will consider any appropriate future policy developments in light of the key findings and conclusions made in the context of this study. Such future policy developments could encompass any relevant regulatory and non-regulatory initiatives related to market and crisis management tools, market transparency in the sugar supply chain, contractual relations between growers and sugar producers, international trade and the evolution of the bioeconomy.

Joint statement by the European Parliament and the Council concerning the application of EU health and environmental standards to imported agricultural products

The European Parliament and the Council invite the Commission to present, at the latest in June 2022, a report containing an assessment of the rationale and legal feasibility of applying EU health and environmental standards (including animal welfare standards as well as processes and production methods) to imported agricultural and agri-food products as well as identifying the concrete initiatives to ensure better consistency in their application, in conformity with WTO rules. That report should cover all relevant public policy areas including – but not limited to – the Common Agricultural Policy, the Health and Food Safety Policy, the environmental policy and the Common Commercial Policy.

Commission statement on the review of import tolerances and Codex Maximum Residue Limits (MRL)

The Commission will continue to ensure that, following a thorough assessment of the scientific information available for active substances either in the context of the procedures under Regulation (EC) No 1107/2009 of the European Parliament and of the Council (2) or the procedures under Regulation (EC) No 396/2005 of the European Parliament and of the Council (3) and in conformity with WTO rules, import tolerances and Codex Maximum Residue Limits (CXLs) are assessed and reviewed for active substances that are not, or are no longer, approved in the EU, so that any residues in food or feed do not present any risk for consumers. In addition to health and good agricultural practice aspects currently considered, the Commission will also take into account environmental concerns of a global nature in conformity with WTO rules when assessing import tolerance applications or when reviewing import tolerances for active substances no longer approved in the EU. The presentation by the Commission of the proposal for a legislative framework for sustainable food systems will be a crucial additional step towards the full achievement of this ambition, in coherence with the Green Deal objectives.

Commission statement on wine and aromatised wine products nutrition and ingredients labelling

The Commission considers that products containing 1,2 % and less by volume of alcohol should continue to be regulated by the FIC Regulation and reserves its right to revert to the legal framework for wine labelling within the upcoming initiative for the labelling of all alcoholic beverages under the EU Beating Cancer Plan.

The Commission also considers that the present compromise on wine and aromatised wine products labelling as regards the list of ingredients and nutrition declaration cannot be seen as creating a precedent for future legislative proposal and negotiation and reserves its rights to align the labelling requirements for all wines to the EU Beating Cancer Plan.

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(1)  OJ L 435, 6.12.2021, p. 262.

(2)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(3)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

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