# C_2022224EN.01011801.xml

| 8.6.2022 | EN | Official Journal of the European Union | C 224/118 |
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8.6.2022

EN

Official Journal of the European Union

C 224/118

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P9_TA(2021)0457

Common agricultural policy: financing, management and monitoring ***I

European Parliament legislative resolution of 23 November 2021 on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (COM(2018)0393 — C8-0247/2018 — 2018/0217(COD))

(Ordinary legislative procedure: first reading)

(2022/C 224/14)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2018)0393), |
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having regard to the Commission proposal to Parliament and the Council (COM(2018)0393),

| — | having regard to Article 294(2) and Article 43(2) and Article 322(1), point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0247/2018), |
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having regard to Article 294(2) and Article 43(2) and Article 322(1), point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0247/2018),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
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having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the Court of Auditors of 25 October 2018 (1), |
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having regard to the opinion of the Court of Auditors of 25 October 2018 (1),

| — | having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (2), |
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having regard to the opinion of the European Economic and Social Committee of 17 October 2018 (2),

| — | having regard to the opinion of the Committee of the Regions of 5 December 2018 (3), |
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having regard to the opinion of the Committee of the Regions of 5 December 2018 (3),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, and the undertaking given by the Council representative by letter of 23 July 2021 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure, and the undertaking given by the Council representative by letter of 23 July 2021 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 59 and 40 of its Rules of Procedure, |
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having regard to Rules 59 and 40 of its Rules of Procedure,

| — | having regard to the opinions of the Committee on Development, the Committee on Budgets, the Committee on Budgetary Control and the Committee on Regional Development, |
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having regard to the opinions of the Committee on Development, the Committee on Budgets, the Committee on Budgetary Control and the Committee on Regional Development,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A8-0199/2019), |
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having regard to the report of the Committee on Agriculture and Rural Development (A8-0199/2019),

| 1. | Adopts its position at first reading hereinafter set out (4); |
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1.

| 2. | Approves its statement as well as the joint statement by Parliament and the Commission and the joint statement by Parliament, the Council and the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union; |
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2.

| 3. | Takes note of the statements by the Commission annexed to this resolution, which will be published in the C series of the Official Journal of the European Union; |
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3.

| 4. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
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4.

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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5.

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(1)  OJ C 41, 1.2.2019, p. 1.

(2)  OJ C 62, 15.2.2019, p. 214.

(3)  OJ C 86, 7.3.2019, p. 173.

(4)  This position replaces the amendments adopted on 23 October 2020 (Texts adopted, P9_TA(2020)0288).

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P9_TC1-COD(2018)0217

Position of the European Parliament adopted at first reading on 23 November 2021 with a view to the adoption of Regulation (EU) 2021/... of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2021/2116.)

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ANNEX TO THE LEGISLATIVE RESOLUTION

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/... 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.

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.

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/... 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/... 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.

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