REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009, 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
Date: 2019-09-27
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: EAFRD, EU direct payments, European Commission, aid to agriculture, common organisation of markets, delegated legislation, eligibility criteria, powers of the institutions (EU), rural development, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 27.9.2019  COM(2019) 433 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009, 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  
 
 
Contents 
1.  REGULATION (EU) NO 1305/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 
DECEMBER 2013 ON SUPPORT FOR RURAL DEVELOPMENT BY THE EUROPEAN AGRICULTURAL FUND 
FOR RURAL DEVELOPMENT (EAFRD) AND REPEALING COUNCIL REGULATION (EC) NO 1698/2005 . 2 

1.1. 

Introduction ................................................................................................................................. 2 

1.2.  Legal Basis.................................................................................................................................... 3 

1.3.  Exercise of Delegation ................................................................................................................. 4 

1.4.  Conclusions .................................................................................................................................. 6 

2.  REGULATION (EU) NO 1306/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 
DECEMBER 2013 ON THE FINANCING, MANAGEMENT AND MONITORING OF THE COMMON 
AGRICULTURAL POLICY AND REPEALING COUNCIL REGULATIONS (EEC) NO 352/78, (EC) NO 165/94, 
(EC) NO 2799/98, (EC) NO 814/2000, (EC) NO 1290/2005 AND (EC) NO 485/2008 ................................. 6 

2.1. 

Introduction ................................................................................................................................. 7 

2.2.  Legal Basis.................................................................................................................................. 11 

2.3.  Exercise of Delegation ............................................................................................................... 12 

2.4.  Conclusions ................................................................................................................................ 17 

3.  REGULATION (EU) NO 1307/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 
DECEMBER 2013 ESTABLISHING RULES FOR DIRECT PAYMENTS TO FARMERS UNDER SUPPORT 
SCHEMES WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY AND REPEALING 
COUNCIL REGULATION (EC) NO 637/2008 AND COUNCIL REGULATION (EC) NO 73/2009 ................. 18 

3.1. 

Introduction ............................................................................................................................... 18 

3.2.  Legal Basis.................................................................................................................................. 22 

3.3.  Exercise of Delegation ............................................................................................................... 22 

3.4.  Conclusions ................................................................................................................................ 27 

4.  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 ........................................................................................................... 27 

4.1. 

Introduction ............................................................................................................................... 27 

4.2.  Legal Basis.................................................................................................................................. 29 

4.3.  Exercise of Delegation ............................................................................................................... 29 

4.4.  Conclusions ................................................................................................................................ 42 

1 

 
 
 
 
1.  REGULATION (EU) NO 1305/2013  OF  THE EUROPEAN PARLIAMENT  AND  OF  THE COUNCIL 
OF  17  DECEMBER  2013  ON  SUPPORT  FOR  RURAL  DEVELOPMENT  BY  THE  EUROPEAN 
AGRICULTURAL  FUND  FOR  RURAL  DEVELOPMENT  (EAFRD)  AND  REPEALING  COUNCIL 
REGULATION (EC) NO 1698/2005 

1.1.  Introduction 
Regulation (EU) No 1305/2013 of the European Parliament and of the Council1 lays down rules 
governing Union support for rural development, financed by the European Agricultural Fund for 
Rural  Development  ("the  EAFRD")  and  established  by  Regulation  (EU)  No  1306/2013  and 
complements Regulation (EU) No 1303/20132 of the European Parliament and the Council in this 
regard. 

Article 2(3) empowers the Commission to adopt delegated acts concerning the conditions under 
which a legal person may be considered to be a 'young farmer', and the setting of a grace period 
for the acquisition of occupational skills. 

Article  14(5)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  duration  and 
content  of  farm  and  forest  exchange  schemes  and  farm  and  forest  visits  in  order  to  ensure  that 
they are clearly demarcated in relation to similar actions under other Union schemes. 

Article 16(5)  empowers  the Commission  to  adopt  delegated acts  concerning the specific Union 
quality schemes and the characteristics of groups of producers and the types of actions that may 
receive  support  under  paragraph  2,  the  setting  of  conditions  to  prevent  discrimination  against 
certain products; and the setting of conditions on the basis of which commercial brands are to be 
excluded from support. 

Article  19(8)  empowers  the  Commission  to  adopt  delegated  acts  laying  down  the  minimum 
content of business plans and the criteria to be used by Member states for setting the thresholds 
referred to in paragraph 4. 

Article 22(3) empowers the Commission to adopt delegated acts concerning the definition of the 
minimum environmental requirements referred to in paragraph 2 of this Article. 

Article 28(10) empowers the Commission to adopt delegated acts concerning the following: 

(a) 

the conditions applicable to commitments to extensify livestock farming; 

1  

2  

Regulation  (EU)  No  1305/2013  of  the  European  Parliament  and  of  the  Council  of  17  December  2013  on 
support  for  rural  development  by  the  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
repealing Council Regulation (EC) No 1698/2005, OJ L 347, 20.12.2013, p. 487 

Regulation (EU) No 1303/2013 of the  European Parliament and of the  Council of 17 December 2013 laying 
down  common  provisions  on  the  European  Regional  Development  Fund,  the  European  Social  Fund,  the 
Cohesion  Fund,  the  European  Agricultural  Fund  for  Rural  Development  and  the  European  Maritime  and 
Fisheries  Fund  and  laying  down  general  provisions  on  the  European  Regional  Development  Fund,  the 
European  Social  Fund,  the  Cohesion  Fund  and  the  European  Maritime  and  Fisheries  Fund  and  repealing 
Council Regulation (EC) No 1083/2006, OJ L 347, 20.12.2013, p. 320 

2 

 
 
 
                                                           
(b) 

(c) 

the  conditions  applicable  to  commitments  to  rear  local  breeds  that  are  in  danger  of  being 
lost to farming or to preserve plant genetic resources that are under threat of genetic erosion, 
and 
the definition of eligible operations under paragraph 9. 

Articles 28(11), 29(6) and 30 (8)  empower the Commission to adopt delegated acts  as regards 
agri-environment-climate,  organic  farming  and  Natura  2000  and  Water  Framework  Directive 
payments laying down the calculation method to be used in order to exclude double funding of 
the practices referred to in Article 43 of Regulation (EU) No 1307/2013. 

Article 33(4) empowers the Commission to adopt delegated acts concerning the definition of the 
areas  in  which  animal  welfare  commitments  are  to  provide  upgraded  standards  of  production 
methods in order to ensure that animal welfare commitments are in accordance with the overall 
Union policy in this field. 

Article  34(5)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  types  of 
operations  eligible  for  support  provided  to  public  and  private  entities  for  the  conservation  and 
promotion of forest genetic resources for operations not covered under paragraphs 1, 2 and 3 of 
Article 34. 

Article  35(10)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  further 
specification  of  the  characteristics  of  pilot  projects,  clusters,  networks,  short  supply  chains  and 
local markets that will be eligible for support, as well as concerning the conditions for granting 
aid to cooperation operations. 

Article  36(5)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  minimum  and 
maximum  duration  of  the  commercial  loans  to  mutual  funds  referred  to  in  point  (b)  of  Article 
38(3) and Article 39(4).  

Article  45(6)  empowers  the  Commission  to  adopt  delegated  acts  laying  down  the  conditions 
under  which  other  costs  connected  with  leasing  contracts,  second  hand  equipment  may  be 
considered to be eligible expenditure and specifying the types of renewable energy infrastructure 
that are to be eligible for support. 

Article  47(6)  empowers  the  Commission  to  adopt  delegated  acts  laying  down  conditions 
applicable to conversion or adjustment of commitments under the measures referred to in Articles 
28, 29, 33 and 34 and, specifying other situations in which reimbursement of the aid shall not be 
required. 

Article 58(7) empowers the Commission to adopt delegated acts to review the ceilings set out in 
Annex  I  in  order  to  take  account  of  the  developments  relating  to  the  annual  breakdown  and  to 
make  technical  adjustments  without  changing  the  overall  allocations;  or  to  take  account  of  any 
other change provided for by a legislative act after the adoption of this Regulation. 

Article 89 empowers the Commission to adopt delegated acts laying down the conditions under 
which  support  approved  by  the  Commission  under  Regulation  (EC)  No  1698/2005  may  be 
integrated  into  support  provided  for  under  Regulation  (EU)  No  1305/2013,  including  for 
technical assistance and for the ex-post evaluations, as well as conditions for the transition from 
rural development support for Croatia under Regulation (EC) No 1085/2006 to support provided 
for under Regulation (EU) No 1305/2013. 

3 

 
 
 
1.2.  Legal Basis 

The  report  is  required  under  Article  83(2).  Pursuant  to  this  provision,  the  power  to  adopt 
delegated acts  referred to  in  in  Articles 2(3), Article 14(5), Article 16(5), Article 19(8), Article 
22(3), Article 28(10) and (11), Article 29(6), Article 30(8), Article 33(4), Article 34(5), Article 
35(10), Article 36(5), Article 45(6), Article 47(6), Article 58(7) and Article 89 shall be conferred 
on  the  Commission  for  a  period  of  seven  years  from  the  date  of  entry  into  force  of  this 
Regulation. The Commission shall draw up a report in respect of the delegation of power not later 
than  nine  months  before  the  end  of  the  seven-year  period.  The  delegation  of  power  is  tacitly 
extended  for  periods  of  an  identical  duration,  unless  the  European  Parliament  or  the  Council 
opposes such extension not later than three months before the end of each period. 

1.3.  Exercise of Delegation 

At  this  stage,  the  Commission  has  adopted  nine  delegated  acts  under  Regulation  (EU)  No 
1305/2013. 

(A)  The Commission adopted six delegated acts amending Annex I to review the ceilings set out 
in  Annex  I  on  the  basis  of  Article  58(7):  Commission  Delegated  Regulation  (EU)  No 
994/20143,  Commission  Delegated  Regulation  (EU)  No  1378/20144,  Commission 
Delegated  Regulation  (EU)  2015/7915,  Commission  Delegated  Regulation  (EU) 
2016/1426,  Commission  Delegated  Regulation  (EU)  2018/1627  and  Commission 
Delegated Regulation (EU) 2019/718. These delegated  acts,  except  Delegated Regulation 
(EU)  2015/791,  reviewed  the  breakdown  of  Union  support  for  rural  development  for 
Member  States  and  years  based  on  Member  States’  use  of  the  possibility  of  financial 
flexibility  between  pillars  provided  for  in  Regulation  (EC)  No  73/20099  and  Regulation 

3  

4  

5  

6  

7  

8  

9  

Commission Delegated Regulation (EU) No 994/2014 of 13 May 2014 amending Annexes VIII and VIIIc to 
Council Regulation (EC) No 73/2009, Annex I to Regulation (EU) No 1305/2013 of the European Parliament 
and of the Council and Annexes II, III and VI to Regulation (EU) No 1307/2013 of the European Parliament 
and of the Council, OJ L 280, 24.9.2014, p. 1 

Commission Delegated Regulation (EU) No 1378/2014 of 17 October 2014 amending Annex I to Regulation 
(EU) No 1305/2013 of the European Parliament and of the Council and Annexes II and III to Regulation (EU) 
No 1307/2013 of the European Parliament and of the Council, OJ L 367, 23.12.2014, p. 16 

Commission Delegated Regulation (EU) 2015/791 of 27 April 2015 amending Annex I to Regulation (EU) No 
1305/2013 of the European Parliament and of the  Council on support for rural development by the European 
Agricultural Fund for Rural Development, OJ L 127, 22.5.2015, p. 1 

Commission Delegated Regulation (EU) 2016/142 of 2 December 2015 amending Annex I to Regulation (EU) 
No 1305/2013 of the European Parliament and of the Council and Annex III to Regulation (EU) No 1307/2013 
of the European Parliament and of the Council, OJ L 28, 4.2.2016, p. 8 

Commission  Delegated  Regulation  (EU)  2018/162  of  23  November  2017  amending  Annex  I  to  Regulation 
(EU) No 1305/2013 of the European Parliament and of the Council and Annexes II and III to Regulation (EU) 
No 1307/2013 of the European Parliament and of the Council, OJ L 30, 2.2.2018, p. 6 

Commission Delegated Regulation (EU) 2019/71 of 9 November 2018 amending Annex I to Regulation (EU) 
No 1305/2013 of the European Parliament and of the Council and Annex III to Regulation (EU) No 1307/2013 
of the European Parliament and of the Council, OJ L 16, 18.1.2019, p. 1 

Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes 
for  farmers  under  the  common  agricultural  policy  and  establishing  certain  support  schemes  for  farmers, 
amending  Regulations  (EC)  No  1290/2005,  (EC)  No  247/2006,  (EC)  No  378/2007  and  repealing  Regulation 
(EC) No 1782/2003, OJ L 30, 31.1.2009, p. 16 

4 

 
 
                                                           
(EU) No 1307/201310 (See in this respect point 3.3). Delegated Regulation (EU) 2015/791 
reviewed  Annex  I  following  the  revision  of  Council  Regulation  (EU,  Euratom)  No 
1311/201311  by  Council  Regulation  (EU,  Euratom)  2015/62312  transferring,  for  the 
European  Agricultural  Fund  for  Rural  Development,  the  corresponding  unused  2014 
allocations into 2015 and 2016 expenditure ceilings. 
In  line  with  the  common  understanding  on  delegated  acts13,  Member  States’  experts  were 
consulted  in  the  Expert  Group  for  Direct  Payments  and  the  Expert  Group  for  Rural 
Development  on  all  these  Delegated  Acts.  The  Regulations  were  notified  to  the  European 
Parliament  and  the  Council.  Neither  the  European  Parliament  nor  the  Council  issued  any 
objection to any of the Delegated Regulations.  

(B)   Further  to  these  six  delegated  acts  based  on  Article  58(7),  the  Commission  adopted  one 
delegated  act  supplementing  Regulation  (EU)  No  1305/2013  of  the  European  Parliament 
and of the Council on support for rural development by the European Agricultural Fund for 
Rural  Development  (EAFRD)  and  introducing  transitional  provisions  on  the  basis  of 
Articles  2(3),  Article  14(5),  Article  16(5),  Article  19(8),  Article  22(3),  Article  28(10)  and 
(11), Article 29(6), Article 30(8), Article 33(4), Article 34(5), Article 35(10), Article 36(5), 
Article 45(6), Article 47(6), and Article 89:  Commission Delegated Regulation (EU) No 
807/201414.  

This  delegated  act  provided  for  the  conditions  under  which  a  legal  person  may  be 
considered  to  be  a  ‘young  farmer’  and  the  setting  of  a  grace  period  for  the  acquisition  of 
occupational  skills,  provisions  concerning  the  duration  and  content  of  farm  and  forest 
exchange  schemes  and  farm  and  forest  visits,  provisions  on  the  specific  Union  quality 
schemes,  characteristics  of  groups  of  producers,  and  types  of  actions  that  may  receive 
support, rules on the content of business plans and criteria to be used by Member States for 
granting support for farm and business development, minimum environmental requirements 
in  the  context  of  the  afforestation  and  creation  of  woodland  measure,  conditions  for  local 
breeds  and  plant  varieties  in  danger  of  being  lost  to  farming  and  conservation  of  genetic 
resources  under  threat  of  genetic  erosion  and  the  definition  of  eligible  operations  ,  the 

10   Regulation  (EU)  No  1307/2013  of  the  European  Parliament  and  of  the  Council  of  17  December  2013 
establishing rules for direct payments to farmers under support schemes within the framework of the common 
agricultural  policy  and  repealing  Council  Regulation  (EC)  No  637/2008  and  Council  Regulation  (EC)  No 
73/2009, OJ L 347, 20.12.2013, p. 608 

11   Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial 

framework for the years 2014-2020, OJ L 347, 20.12.2013, p. 884 

12   Council  Regulation  (EU,  Euratom)  2015/623  of  21  April  2015  amending  Regulation  (EU,  Euratom)  No 
1311/2013 laying down the multiannual financial framework for the years 2014-2020, OJ L 103, 22.4.2015, p. 
1 

13   Common Understanding on delegated acts from 2011(not published) and Common Understanding between the 
European  Parliament,  the  Council  and  the  Commission  on  Delegated  Acts,  annex  to  the  Interinstitutional 
Agreement between the European Parliament, the Council of the European Union and the European Commission 
on Better Law-Making, OJ L 123, 12.5.2016, p. 1. 

14   Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 
1305/2013 of the European Parliament and of the  Council on support for rural development by the European 
Agricultural  Fund  for  Rural  Development  (EAFRD)  and  introducing  transitional  provisions,  OJ  L  227, 
31.7.2014, p. 1 

5 

 
 
                                                           
calculation  methods  to  be  used  to  ensure  that  double  funding  is  excluded  when  granting 
agri-environmental-climate,  organic  farming  and  Natura  2000  and  Water  Framework 
Directive payments, the definition of the areas in which animal welfare commitments are to 
provide  upgraded  standards  of  production  methods,  the  types  of  operations  eligible  for 
support  in  the  area  of  forest-environmental  and  climate  services  and  forest  conservations, 
the  specification  of  the  characteristics  of  pilot  projects,  clusters,  networks,  short  supply 
chains,  and local  markets, eligible for support under the Co-operation measure, as  well as 
conditions for granting support, the minimum and maximum duration of commercial loans 
to mutual funds, conditions, under which costs connected with leasing contracts and second 
hand equipment can be considered eligible, specifications of the types of renewable energy 
infrastructure eligible for support, conditions applicable to the conversion or adjustments of 
commitments under measures defined in articles 28, 29, 33 and 34 as well as specifications 
of  other  situations  in  which  reimbursement  of  the  aid  should  not  be  required,  as  well  as 
transitional  provisions  as  regards  support  approved  by  the  Commission  under  Regulation 
(EC) No 1698/2005 and under Regulation (EC) No 1085/2006.  

Since its adoption, this delegated act has been amended twice. The first time on the basis of 
Article 89 by Commission Delegated Regulation (EU) 2015/136715 as regards transitional 
provisions for the 2007-2013 rural development programmes. The second time on the basis 
of Articles 2(3), 36(5) and 45(6) by Commission Delegated Regulation (EU) 2019/9416 as 
regards  the  conditions  under  which  a  legal  person  may  be  considered  to  be  a  ‘young 
farmer’, the minimum and maximum duration of commercial loans to mutual funds and as 
regards a correction connected with leasing contracts and second hand equipment. 
In  line  with  the  common  understanding  on  delegated  acts17,  Member  States’  experts  were 
consulted in  the Expert Group for Rural  Development on these three Delegated Acts.  The 
Regulations  were  notified  to  the  European  Parliament  and  the  Council.  Neither  the 
European  Parliament  nor  the  Council  issued  any  objection  to  any  of  the  Delegated 
Regulations.  

Through  these  delegated  acts,  the  Commission  has  used  all  its  delegated  powers  provided 
for in Regulation (EU) No 1305/2013. 

1.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  It  cannot  be  excluded  that  the 
empowerments will be needed in future. 

15   Commission Delegated Regulation (EU) 2015/1367 of 4 June 2015 amending Delegated Regulation (EU) No 
807/2014  as  regards  transitional  provisions  for  the  2007-2013  rural  development  programmes,  OJ  L  211, 
8.8.2015, p. 7 

16   Commission Delegated Regulation (EU) 2019/94 of 30 October 2018 amending Delegated Regulation (EU) No 
807/2014  supplementing  Regulation  (EU)  No  1305/2013  of  the  European  Parliament  and  of  the  Council  on 
support  for  rural  development  by  the  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
introducing transitional provisions, OJ L 19, 22.1.2019, p. 5 

17  

See Footnote 13. 

6 

 
 
                                                           
2.  REGULATION (EU) NO 1306/2013  OF  THE EUROPEAN PARLIAMENT  AND  OF  THE COUNCIL 
OF  17  DECEMBER  2013  ON  THE  FINANCING,  MANAGEMENT  AND  MONITORING  OF  THE 
COMMON  AGRICULTURAL  POLICY  AND  REPEALING  COUNCIL  REGULATIONS  (EEC)  NO 
352/78,  (EC)  NO  165/94,  (EC)  NO  2799/98,  (EC)  NO  814/2000,  (EC)  NO  1290/2005  AND 
(EC) NO 485/2008 

2.1.  Introduction 
Regulation (EU) No 1306/2013 of the European Parliament and of the Council18 lays down rules 
on  the  financing,  management  and  monitoring  of  the  common  agricultural  policy.  It  therefore 
covers inter alia the financial and monitoring aspects of the fields covered by Regulations (EU) 
No 1305/2013, No 1307/2013 and No 1308/2013.  

As regards rules for paying agencies of Member States and other bodies: 

Article 8 empowers the Commission to adopt delegated acts concerning: 

(a)  the minimum conditions for the accreditation of paying agencies and of the coordinating 

bodies referred to in Article 7(2) and in Article 7(4), respectively; 

(b) the obligations of the paying agencies as regards public intervention, as well as the rules 

on the content of their management and control responsibilities. 

As regards the financial management of the funds: 

Article 20(2) empowers the Commission to adopt delegated acts concerning: 

(a) the type of measures eligible for Union financing and the reimbursement conditions; 

(b) the eligibility conditions and calculation methods based on the information actually observed 
by the paying agencies or based on flat-rates determined by the Commission, or based on flat-
rate or non-flat-rate amounts provided for by the sectoral agricultural legislation. 

Article  20(3)  empowers  the  Commission  to  adopt  delegated  acts  laying  down  rules  on  the 
valuation  of  operations  in  connection  with  public  intervention,  the  measures  to  be  taken  in  the 
case of loss or deterioration of products under the public intervention, and on the determination 
of the amounts to be financed. 

Article  40  empowers  the  Commission  to  adopt  delegated  acts  laying  down  rules  to  make 
expenditure effected before the earliest possible date of payment or after the latest possible date 
of payment in certain cases eligible for Union financing. 

Article 46(1) empowers the Commission to adopt delegated acts concerning the conditions under 
which certain types of expenditure and revenue under the Funds are to be compensated. 

18   Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the 
financing, management and monitoring of the common agricultural policy and repealing Council Regulations 
(EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 
485/2008, OJ L 347, 20.12.2013, p. 549 

7 

 
 
 
                                                           
Article 46(2) empowers the Commission in case the Union's budget has not been adopted by the 
beginning of the financial year or if the total amount of the commitments scheduled exceeds the 
threshold  laid  down  in  Article  170(3)  of  Regulation  (EU,  Euratom)  No  966/2012,  to  adopt 
delegated  acts  concerning  the  method  applicable  to  the  commitments  and  the  payment  of  the 
amounts. 

Article 46(3) empowers the Commission in the case of non-compliance by Member States with 
the obligation to notify the Commission pursuant to Article 102, to adopt delegated acts on the 
deferral  of  monthly  payments  to  Member  States  referred  to  in  Article  42  with  regard  to 
expenditure  under  the  EAGF  and  laying  down  the  conditions  under  which  it  will  reduce  or 
suspend interim payments to Member States under the EAFRD referred to in that Article. 

Article  46(4)  empowers  the  Commission  as  regards  suspension  of  payments  in  the  case  of  late 
submission to adopt delegated acts pertaining to rules on: 

(a)  the list of measures which fall under Article 42; 
(b) the rate of suspension of payments referred to in that Article. 

Article  50(1)  empowers  the  Commission  to  adopt  delegated  acts  supplementing  specific 
obligations  to  be  complied  with  by  the  Member  States  under  this  Chapter  IV  on  clearance  of 
account  to  ensure  the  correct  and  efficient  application  of  the  provisions  relating  to  on-the-spot 
checks and access to documents and information. 

Article  53(3)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  criteria  and 
methodology for applying corrections. 

Article 57(1) empowers the Commission to adopt delegated acts concerning specific obligations 
to  be  complied  with  by  the  Member  States  to  ensure  correct  and  efficient  application  of  the 
provisions relating to the conditions for the recovery of undue payments and interest thereon. 

As regards control systems and penalties: 

Article 62(1) empowers the Commission to adopt delegated acts laying down, where the proper 
management  of  the  system  so  requires,  additional  requirements  with  respect  to  customs 
procedures, and in particular to those laid down in Regulation (EC) No 952/2013 of the European 
Parliament and of the Council to ensure that checks are carried out correctly and efficiently and 
that the eligibility conditions are verified in an efficient, coherent and non-discriminatory manner 
which protects the financial interest of the Union. 

Article 63(4) provides that the Commission shall adopt delegated acts laying down the conditions 
for the partial or total withdrawal of aid in case of non –compliance with the conditions of aid or 
support, as provided for in the sectoral agricultural legislation.  

Article 64(6) empowers the Commission to adopt delegated acts: 

(a)  identifying, for each aid scheme or support measure and person concerned as referred to 
in  paragraph  3,  from  the  list  set  out  in  paragraph  4  and  within  the  limits  laid  down  in 
paragraph 5, the administrative penalty and determining the specific rate to be imposed 
by Member States including in cases of non-quantifiable non-compliance; 

(b) identifying  the  cases  in  which  the  administrative  penalties  are  not  to  be  imposed,  as 

referred to in point (f) of paragraph 2. 

8 

 
 
Article 65(2) empowers the Commission to adopt delegated acts concerning the market measures 
falling  under  the  suspension  and  the  rate  and  period  of  suspension  of  payments  referred  to  in 
paragraph 1 to ensure the respect of the proportionality principle when applying paragraph 1. 

Article 66(3) empowers the Commission to adopt delegated acts laying down rules which ensure 
a non-discriminatory treatment, equity and the respect of proportionality when lodging a security, 
and: 

(a)  specifying the responsible party in the event that an obligation is not met; 
(b) laying  down  the  specific  situations  in  which  the  competent  authority  may  waive  the 

requirement of a security; 

(c)  laying down the conditions applying to the security to be lodged and the guarantor and 

the conditions for lodging and releasing that security; 

(d) laying  down  the  specific  conditions  related  to  the  security  lodged  in  connection  with 

advance payments; 

(e)  setting out the consequences of breaching the obligations for which a security has been 
lodged, as provided for in paragraph 1, including the forfeiting of securities, the rate of 
reduction  to  be  applied  on  release  of  securities  for  refunds,  licences,  offers,  tenders  or 
specific applications and when an obligation covered by that security has not been met 
either wholly or in part, taking into account the nature of the obligation, the quantity for 
which the obligation has been breached, the period exceeding the time limit by which the 
obligation should have been met and the time by which evidence that the obligation has 
been met is produced. 

Article 72(5)  empowers  the Commission  to  adopt  delegated acts  concerning rules applicable to 
periods, dates and time limits where the final date for submission of applications or amendments 
of an aid application, of a payment claim or of any supporting documents is a public holiday, a 
Saturday or a Sunday. 

Article 76(1) empowers the Commission to adopt delegated acts concerning: 

(a)  specific  definitions  needed  to  ensure  a  harmonised  implementation  of  the  integrated 
system,  in  addition  to  those  provided  for  in  Regulation  (EU)  No  1307/2013  and 
Regulation (EU) No 1305/2013; 

(b) with  regards  to  Articles  67  to  75,  rules  on  further  measures  necessary  to  ensure  the 
compliance  with  control  requirements  laid  down  in  this  Regulation  or  in  sectoral 
agricultural  legislation  to  be  taken  by  the  Member  States  in  respect  of  producers, 
services,  bodies,  organisations  or  other  operators,  such  as  slaughterhouses  or 
associations involved in the procedure for the granting of the aid, where this Regulation 
does  not  provide  for  relevant  administrative  penalties;  such  measures  shall  as  far  as 
possible, follow, mutatis mutandis, the provisions on penalties set out in paragraphs (1) 
to (5) of Article 77. 

Article 76(2) empowers the Commission to adopt delegated acts concerning 

(a)  the  basic  features,  technical  rules,  including,  for  the  update  of  reference  parcels, 
appropriate tolerance margins taking into account the outline and condition of the parcel, 
and including  rules  on the inclusion of landscape features located adjacent  to  a parcel, 
and  quality  requirements  for  the  identification  system  for  agricultural  parcels  provided 
for in Article 70 and for the identification of the beneficiaries as provided for in Article 
73; 

9 

 
 
(b) the  basic  features,  technical  rules  and  quality  requirements  of  the  system  for  the 

identification and registration of payment entitlements provided for in Article 71; 

(c)  the rules to establish the definition of the basis for the calculation of aid, including rules 
on how to deal with certain cases in which eligible areas contain landscape features or 
trees;  such  rules  shall  allow  Member  States  for  areas  under  permanent  grassland  to 
consider scattered landscape features and trees, the total area of which does not exceed a 
certain  percentage  of  the  reference  parcel,  to  be  automatically  part  of  the  eligible  area 
without a requirement to map them for that purpose. 

Article  77(7)  empowers  the  Commission  to  adopt  delegated  acts  as  regards  administrative 
penalties: 

(a)  identifying, for each aid scheme or support measure and person concerned as referred to 
in  paragraph  3  from  the  list  set  out  in  paragraph  4  and  within  the  limits  laid  down  in 
paragraphs  5  and  6,  the  administrative  penalty  and  determining  the  specific  rate  to  be 
imposed by Member States, including in cases of non-quantifiable non-compliance; 
(b) identifying,  the  cases  in  which  the  administrative  penalties  are  not  to  be  imposed,  as 

referred to in point (f) of paragraph 2. 

Article  79(2)  empowers  the  Commission  for  measures  not  covered  by  the  integrated  system 
referred  to  in  Chapter  II  of  this  Title    to  adopt  delegated  acts  establishing  a  list  of  measures 
which, due to their design and control requirements, are unsuited for additional ex-post controls 
by way of scrutiny of commercial documents and, therefore, are not to be subject to such scrutiny 
under this Chapter. 

Article 84(6) empowers the Commission to adopt delegated acts modifying the threshold of EUR 
40 000 under which undertakings are only scrutinised for specific reasons to be indicated by the 
Member  States  in  their  annual  programme  referred  to  in  paragraph  1  or  by  the  Commission  in 
any proposed amendment to that programme. 

Article 89(5) empowers the Commission as regards checks and penalties concerning the identity, 
provenance and quality of Union wine, to adopt delegated acts relating to: 

(a)  the  establishment  of  an  analytical  databank  of  isotopic  data  to  help  detect  fraud  to  be 

constructed on the basis of samples collected by Member States; 
(b) rules on control bodies and the mutual assistance between them; 
(c)  rules on the common use of the findings of Member States. 

As regards cross-compliance: 

Article 93(4), first subparagraph empowers the Commission to adopt delegated acts laying down 
the rules on maintenance of permanent pasture, in particular in order to ensure that measures are 
taken to maintain the land under permanent pasture at the level of farmers, including individual 
obligations to be respected such as obligation to reconvert areas into permanent pasture where it 
is  established  that  the  ratio  of  land  under  permanent  pasture  is  decreasing.  As  regards  the 
maintenance  of  permanent  pasture,  Article  93(4),  second  subparagraph  empowers 
the 
Commission to adopt delegated acts to establish the conditions and methods for the determination 
of the ratio of permanent pasture and agricultural land that has to be maintained. 

10 

 
 
 
 
Article 101(1) empowers the Commission to adopt delegated acts: 

(a)  establishing a harmonised basis for calculation of administrative penalties due to cross-
compliance  referred  to  in  Article  99,  taking  into  account  reductions  due  to  financial 
discipline; 

(b) laying  down  the  conditions  for  the  application  and  calculation  of  the  administrative 
penalties  due  to  cross-compliance,  including  in  the  case  of  non-compliance  directly 
attributable to the beneficiary concerned. 

As regards exchange rate and monetary practices:  

Article  106(5)  empowers  the  Commission  to  adopt  delegated  acts  containing  rules  on  the 
specification on operative events for the exchange rate and the exchange rate to be used, taking 
into account certain criteria.  

Article  106(6)  empowers  the  Commission  to  adopt  delegated  acts  laying  down  rules  on  the 
exchange rate applicable when declarations of expenditure are drawn up and when public storage 
operations are recorded in the accounts of the paying agency. 

Article 107(2)  empowers the Commission  to  adopt  delegated acts, where exceptional  monetary 
practices  concerning  a  national  currency  are  liable  to  jeopardise  the  application  of  Union  law, 
derogating from  this Section, in  particular where a country uses abnormal  exchange techniques 
such as multiple exchange rates or operates barter agreements or where countries have currencies 
which are not quoted on official foreign exchange markets or where the trend in such currencies 
is likely to create distortion in trade.  

As regards the monitoring of the Common Agricultural Policy: 

Article 110(1), third subparagraph empowers the Commission to adopt delegated acts regarding 
the content and construction of the common monitoring and evaluation framework measuring the 
performance of the CAP. 

As regards Transitional measures:  

Article  120  empowers  the  Commission    to  adopt  delegated  acts  concerning  the  cases  in  which 
derogations from, and additions to, the rules provided for in this Regulation may apply in order to 
ensure  the  smooth  transition  from  the  arrangements  provided  for  in  the  repealed  Regulations 
(EEC) No 352/78,  (EC) No 165/94,  (EC) No 2799/98,  (EC) No 814/2000, (EC) No 1290/2005 
and (EC) No 485/2008 to those laid down in Regulation (EU) No 1306/2013. 

2.2.  Legal Basis 

The  report  is  required  under  Article  115(2).  Pursuant  to  this  provision,  the  power  to  adopt 
delegated acts referred to in Articles 8, 20, 40, 46, 50, 53, 57, 62, 63, 64, 65, 66, 72, 76, 77, 79, 
84,  89,  93,  101,  106,  107,  110  and  120  shall  be  conferred  on  the  Commission  for  a  period  of 
seven years from the date of entry into force of this Regulation. The Commission shall draw up a 
report  in  respect  of  the  delegation  of  power  not  later  than  nine  months  before  the  end  of  the 
seven-year  period.  The  delegation  of  power  is  tacitly  extended  for  periods  of  an  identical 
duration,  unless  the  European  Parliament  or  the  Council  opposes  such  extension  not  later  than 
three months before the end of each period. 

11 

 
 
2.3.  Exercise of Delegation 

At this stage, the Commission has adopted twenty-one delegated acts under Regulation (EU) 
No 1306/2013. 

(A) Four of these delegated acts have been adopted in 2014 and 2015 and are supplementing the 
rules of Regulation (EU) No 1306/2013: 

a)  The  Commission  adopted  Commission  Delegated  Regulation  (EU)  No  907/201419  on 
the basis of Articles 8(1), 40, 46(1), 46(2), 46(3), 46(4), 53(3), 57(1), 66(3), 79(2), 106(5) 
and  (6)  and  120.  It  supplements  Regulation  (EU)  No  1306/2013  with  regard  to  paying 
agencies and other bodies, financial management, clearance of accounts, securities and the 
use of the euro.  

This  delegated  act  lays  down  conditions  for  the  accreditation  of  paying  agencies  and 
coordination bodies;  obligations of paying agencies as regards public interventions; rules as 
regards  non-compliance  with  the  latest  and  the  earliest  payment  deadline;    rules  on  the 
compensation  by  paying  agencies;  rules  in  case  of  late  adoption  of  the  Union  budget;  the 
possibility for the Commission to defer monthly payments and to suspend  payments in case 
of late submission; criteria and methodology for applying corrections in the framework of 
conformity  clearance;  the  obligations  of  Member  States  following  recovery  procedures; 
rules for the security to be given to ensure payments; the exclusion of certain measures in 
the wine sector from the rules on scrutiny of transactions; the applicable exchange rate for 
drawing  up  declarations  of  expenditure;  the  determination  of  the  operative  events  for  the 
exchange  rate  in  the  field  of  export  refunds  and  trade  with  third  countries,  for  production 
refunds, for aid granted by quantity of marketed product or product to be used in a specific 
way, for private storage aid, for aid granted in the wine, milk and milk products and sugar 
sector,  for  aid  granted  in  the  field  of  School  Fruit  Scheme,  for  amounts  linked  to  the 
authorisation to grant national financial assistance to producer organisations in the fruit and 
vegetables  sector,  for  advances  and  securities  as  well  as  for  other  amounts  or  prices;  the 
determination of the exchange rate to be used, provisions on the transition from old to new 
rules.  

The Commission amended this delegated act three times: In 2015 on the basis of Articles 40 
and  53  through  Commission  Delegated  Regulation  (EU)  2015/16020  as  regards  payment 
deadlines and corrections in the framework of conformity clearance, in 2017 on the basis of 
Articles 64(6)(a) and 106(5) through Commission Delegated Regulation (EU) 2017/4021as 
regards  the  operative  event  for  the  exchange  rate  in  the  field  of  School  Scheme  (see  also 

19   Commission  Delegated  Regulation  (EU)  No 907/2014  of  11 March  2014  supplementing  Regulation  (EU) 
No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, 
financial management, clearance of accounts, securities and use of euro, OJ L 255, 28.8.2014, p. 18 

20   Commission Delegated Regulation (EU) 2015/160 of 28 November 2014 amending Delegated Regulation (EU) 
No  907/2014  supplementing  Regulation  (EU)  No  1306/2013  of  the  European  Parliament  and  of  the  Council 
with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and 
use of euro, OJ L 27, 3.2.2015, p.7.  

21   Commission  Delegated  Regulation  (EU)  2017/40  of  3  November  2016  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and 
vegetables, bananas and milk in educational establishments and amending Commission Delegated Regulation 
(EU) No 907/2014, OJ L 5, 10.1.2017, p. 11 

12 

 
 
                                                           
point 4.3) and in 2018 on the basis of Article 40 and Article 106(6) through  Commission 
Delegated Regulation (EU) 2018/96722 as regards non-compliance with payment deadlines 
and the applicable exchange rate for declarations of expenditure. 
In  line  with  the  common  understanding  on  delegated  acts23,  Member  States’  experts  were 
consulted  in  the  Expert  Group  for  horizontal  questions  concerning  the  CAP  –  subgroup 
simplification. The Regulations were notified to the European Parliament and the Council. 
Neither  the  European  Parliament  nor  the  Council  issued  any  objection  to  any  of  the 
Delegated Regulations. 

b)  The  Commission  adopted  Commission  Delegated  Regulation  (EU)  No  640/201424 on 
the basis of Articles 63(4), 64(6) 72(5), 76, Articles 77(7), 93(4) 101(1), and Article 120. It 
supplements  Regulation  (EU)  No  1306/2013  with  regard  to  the  integrated  administration 
and control system and conditions for refusal or withdrawal of payments and administrative 
penalties applicable to direct payments, rural development support and cross compliance. 

This  delegated  act  lays  down  provisions  on  conditions  for  the  partial  or  total  refusal  or 
withdrawal  of  the  aid  or  support;  provisions  identifying  the  administrative  penalty  and 
determining  the  specific  rate  to  be  imposed;  provisions  identifying  the  cases  in  which  the 
administrative  penalty  is  not  applied;  rules  applicable  to  periods,  dates  and  time  limits 
where  the  final  date  for  submission  of  applications  or  amendments  is  a  public  holiday,  a 
Saturday or a Sunday; specific definitions needed to ensure a harmonised implementation of 
the  integrated  system;    basic  features  and  technical  rules  for  the  identification  system  for 
agricultural  parcels  and  identification  of  beneficiaries;  basic  features,  technical  rules  and 
quality  requirements  of  the  system  for  the  identification  and  registration  of  payment 
entitlements;  the basis for the calculation of aid, including rules on how to deal with certain 
cases  in  which  eligible  areas  contain  landscape  features  or  trees;  additional  rules  for 
intermediates  such  as  services,  bodies  and  organisations,  which  are  involved  in  the 
procedure for granting the aid or support;  the maintenance of permanent pasture in relation 
to  cross  compliance;    a  harmonised  basis  for  the  calculation  of  administrative  penalties 
related  to  cross-compliance;  conditions  for  the  application  and  calculation  of  the 
administrative penalties related to cross compliance;  an addition to the rules provided for in 
Regulation (EU) No 1306/2013 in order to ensure a smooth transition from repealed rules to 
the new rules. 

The Commission amended this delegated act two times: In 2016, on the basis of the same 
Articles  on  the  basis  of  which  the  amended  act  was  adopted,  through  Commission 

22   Commission Delegated Regulation (EU) 2018/967 of 26 April 2018 amending Delegated Regulation (EU) No 
907/2014  as  regards  non-compliance  with  payment  deadlines  and  as  regards  applicable  exchange  rate  for 
drawing up declarations of expenditure, OJ L 174, 10.7.2018, p. 2 

See footnote 13. 

23  
24   Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 
1306/2013  of  the  European  Parliament  and  of  the  Council  with  regard  to  the  integrated  administration  and 
control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to 
direct payments, rural development support and cross compliance, OJ L 181, 20.6.2014, p. 48 

13 

 
 
 
                                                           
Delegated  Regulation  (EU)  2016/139325  and  in  2017  through  Commission  Delegated 
Regulation (EU) 2017/72326 on the basis of Article 77 (7). 
In  line  with  the  common  understanding  on  delegated  acts27,  Member  States’  experts  were 
consulted  in  the  in  the  Expert  Group  for  Horizontal  Questions  concerning  the  CAP, 
subgroup Cross-compliance and FAS, the Expert Group for Direct Payments and the Expert 
Group  for  Rural  Development.  The  Regulations  were  notified  to  the  European  Parliament 
and the Council. Neither the European Parliament nor the Council issued any objection to 
any of the Delegated Regulations. 
c)  The  Commission  adopted  Commission  Delegated  Regulation  (EU)  No  906/201428  on 
the  basis  of  Article  20(2)  and  (3).  It  supplements  Regulation  (EU)  No  1306/2013  with 
regard to public intervention expenditure. 

The  delegated  act  lays  down  the  conditions  and  rules  applicable  to  the  financing  by  the 
European  Agricultural  Guarantee  Fund  (EAGF)  of  expenditure  on  intervention  measures 
related to public storage.  
In  line  with  the  common  understanding  on  delegated  acts29,  Member  States’  experts  were 
consulted  in  the  Expert  Group  for  Horizontal  Questions  concerning  the  CAP.  The 
Regulations was notified to the European Parliament and the Council. Neither the European 
Parliament nor the Council issued any objection to any of the Delegated Regulations. 
d) The Commission adopted Commission Delegated Regulation (EU) 2015/197130 on the 
basis  of  Article  50(1).  It  supplements  Regulation  (EU)  No  1306/2013  with  specific 
provisions on the reporting of irregularities concerning the European Agricultural Guarantee 
Fund and the European Agricultural Fund for Rural Development. 

The delegated act determines which irregularities are to be reported and establishes which 
data are to be provided by Member States to the Commission. 

25   Commission Delegated Regulation (EU) 2016/1393 of 4 May  2016 amending Delegated Regulation (EU) No 
640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with 
regard to the integrated administration and control system and conditions for refusal or withdrawal of payments 
and  administrative  penalties  applicable  to  direct  payments,  rural  development  support  and  cross-compliance, 
OJ L 225, 19.8.2016, p. 41 

26   Commission Delegated Regulation (EU) 2017/723 of 16 February 2017 amending Delegated Regulation (EU) 
No  640/2014  supplementing  Regulation  (EU)  No  1306/2013  of  the  European  Parliament  and  of  the  Council 
with  regard  to  the  integrated  administration  and  control  system  and  conditions  for  refusal  or  withdrawal  of 
payments  and  administrative  penalties  applicable  to  direct  payments,  rural  development  support  and  cross 
compliance, OJ L 107, 25.4.2017, p. 1 

See footnote 13. 

27  
28   Commission Delegated Regulation (EU) No 906/2014 of 11 March 2014 supplementing Regulation (EU) No 
1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure, OJ L 
255, 28.8.2014, p. 1 

29   Common Understanding on delegated acts from 2011(not published). 
30   Commission  Delegated  Regulation  (EU)  2015/1971  of  8  July  2015  supplementing  Regulation  (EU)  No 
1306/2013  of  the  European  Parliament  and  of  the  Council  with  specific  provisions  on  the  reporting  of 
irregularities  concerning  the  European  Agricultural  Guarantee  Fund  and  the  European  Agricultural  Fund  for 
Rural Development and repealing Commission Regulation (EC) No 1848/2006, OJ L 293, 10.11.2015, p. 6 

14 

 
 
 
  
                                                           
In  line  with  the  common  understanding  on  delegated  acts31,  Member  States’  experts  were 
consulted  in  the  Expert  Group  Reporting  and  Analysis  of  the  COCOLAF  (Advisory 
Committee  for  Fraud  Prevention  and  in  the  Expert  Group  for  Horizontal  Questions 
concerning  the  CAP.  The  Regulations  were  notified  to  the  European  Parliament  and  the 
Council. Neither the European Parliament nor the Council issued any objection to any of the 
Delegated Regulations. 

(B) Since Regulation (EU) No 1306/2013 covers inter alia the financial and monitoring aspects of 
the fields covered by Regulations (EU) No 1305/2013, No 1307/2013 and No 1308/2013, some 
of  the  delegated  acts  adopted  under  Regulation  (EU)  No  1306/2013  are  acts  which  are  also 
adopted  under  Regulation  No  1308/2013.  These  delegated  acts  are  therefore  based  on  different 
basic acts.  Their main provisions are taken in  relation  to  Regulation  No  1308/2013  (see in  this 
respect  point  4.3).    The  financial  and  monitoring  aspects  are  taken  on  the  basis  of  Regulation 
(EU) No 1306/2013. 

These delegated acts are the following acts: 
1)  Commission  Delegated  Regulation  (EU)  No  499/201432  adopted  on  the  basis  of  Article 
64(6)  lays  down  the  penalties  for  the  non-respect  of  recognition  criteria  of  producer 
organisations. 

2)  Commission Delegated Regulation (EU) 2015/56033 adopted on the basis of Article 64(6) 
laid  down  the  penalties  and  rules  for  the  cost  recovery  for  producers  who  do  not  comply 
with  the  obligation  to  grub  up  areas  planted  with  vines  without  an  authorisation.  This 
Regulation  is  not  in  force  anymore.  It  has  been  repealed  and  replaced  by  Regulation 
Commission Delegated Regulation (EU) 2018/273 (see below). 

3)  Commission  Delegated  Regulation  (EU)  2015/136634  adopted  on  the  basis  of  Article 
106(5) lays down the operative event for the exchange rate for the amounts paid as aid in 
the apiculture sector pursuant to Article 55 of Regulation (EU) No 1308/2013. 

4)  Commission  Delegated  Regulation  (EU)  2015/182935  adopted  on  the  basis  of  Article 
64(6)(a)  and  Article  66(3)(d)  lays  down  the  administrative  penalties  for  organisations 
submitting a proposal for an information and promotion programme under Regulation (EU) 
No 1144/2014.  

31   Common Understanding on delegated acts from 2011(not published). 
32   Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 
1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013 of the European 
Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating 
to the fruit and vegetables and processed fruit and vegetables sectors, OJ L 145, 16.5.2014, p. 5 

33   Commission Delegated Regulation (EU) 2015/560 of 15 December 2014 supplementing Regulation (EU) No 
1308/2013  of  the  European  Parliament  and  of  the  Council  as  regards  the  scheme  of  authorisations  for  vine 
plantings, OJ L 93, 9.4.2015, p. 1 

34   Commission  Delegated  Regulation  (EU)  2015/1366  of  11  May  2015  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council with regard to aid in the apiculture sector, OJ L 211, 
8.8.2015, p. 3 

35   Commission  Delegated  Regulation  (EU)  2015/1829  of  23  April  2015  supplementing  Regulation  (EU)  No 
1144/2014 of the European Parliament and of the Council on information provision and promotion measures 
concerning  agricultural  products  implemented  in  the  internal  market  and  in  third  countries,  OJ  L  266, 
13.10.2015, p. 3 

15 

 
 
                                                           
5)  Commission  Delegated  Regulation  (EU)  2016/114936  adopted  on  the  basis  of  Article 
63(4)  lays  down  the  conditions  for  the  partial  or  total  withdrawal  of  the  aid  in  the  wine 
sector. 

6)  Commission  Delegated  Regulation  (EU)  2016/123737  adopted  on  the  basis  of  Article 
66(3)(c) and (e) lays down the conditions for a security and its release and forfeiture related 
to import and export licences for agricultural products.  

7)  Commission  Delegated  Regulation  (EU)  2016/123838  adopted  on  the  basis  of  Articles 
64(6)  and  66(3)(c)  and  (e)  lays  down  the  conditions  for  a  security  and  its  release  and 
forfeiture related to public intervention and aid for private storage.  

8)  Commission  Delegated  Regulation  (EU)  2016/161239  adopted  on  the  basis  of  Article 
106(5)  laid  down  the  operative  event  for  the  exchange  rate  as  regards  the  exceptional  aid 
paid under this Regulation to eligible applicants reducing cow milk deliveries. 

9)  Commission  Delegated  Regulation  (EU)  2016/161340  adopted  on  the  basis  of  Article 
106(5)  laid  down  the  operative  event  for  the  exchange  rate  as  regards  the  exceptional 
adjustment aid paid under this Regulation to milk producers and farmers in other livestock 
sectors. 

10)  Commission Delegated Regulation (EU) 2016/24741 adopted on the basis of Article 64(6) 
laid down the penalties in case of irregular payments that are not due to obvious errors and 
in  case  of  fraud  or  serious  negligence  for  which  the  applicant  is  responsible  as  regards 
Union  aid  for  the  supply  and  distribution  of  fruit  and  vegetables,  processed  fruit  and 
vegetables  and  banana  products  within  the  framework  of  the  school  fruit  and  vegetables 
scheme.  This  Regulation  is  not  in  force  anymore.  It  has  been  repealed  and  replaced  by 
Regulation Commission Delegated Regulation (EU) 2017/40 (see next point).  

11)  Commission  Delegated  Regulation  (EU)  2017/4042  adopted  on  the  basis  of  Articles 
64(6)(a)  and  106(5)  lays  down  the  administrative  penalties  in  cases  of  non-compliance 

36   Commission  Delegated  Regulation  (EU)  2016/1149  of  15  April  2016  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the  Council as regards the national support programmes in the 
wine sector and amending Commission Regulation (EC) No 555/2008, OJ L 190, 15.7.2016, p. 1 

37   Commission  Delegated  Regulation  (EU)  2016/1237  of  18  May  2016  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of 
import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and 
of  the  Council  with  regard  to  the  rules  on  the  release  and  forfeit  of  securities  lodged  for  such  licences, 
amending  Commission  Regulations  (EC)  No  2535/2001,  (EC)  No  1342/2003,  (EC)  No  2336/2003,  (EC)  No 
951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, 
(EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008, OJ L 206, 30.7.2016, p. 1 

38   Commission  Delegated  Regulation  (EU)  2016/1238  of  18  May  2016  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private 
storage, OJ L 206, 30.7.2016, p. 15 

39   Commission  Delegated  Regulation  (EU)  2016/1612  of  8  September  2016  providing  aid  for  milk  production 

reduction, OJ L 242, 9.9.2016, p. 4 

40   Commission Delegated Regulation (EU) 2016/1613 of 8 September 2016 providing for exceptional adjustment 

aid to milk producers and farmers in other livestock sectors, OJ L 242, 9.9.2016, p. 10 

41   Commission Delegated Regulation (EU) 2016/247 of 17 December 2015 supplementing Regulation (EU) No 
1308/2013  of  the  European  Parliament  and  of  the  Council  with  regard  to  Union  aid  for  the  supply  and 
distribution of fruit and vegetables, processed fruit and vegetables and banana products within the framework 
of the school fruit and vegetables scheme, OJ L 46, 23.2.2016, p. 1 

42   Commission  Delegated  Regulation  (EU)  2017/40  of  3  November  2016  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and 

16 

 
 
                                                           
related to the implementation of the school scheme referred to in Section I of Chapter II of 
Title  I  of  Part  II  of  Regulation  (EU)  No  1308/2013.  It  also  amends  at  the  same  time 
Commission  Delegated  Regulation  (EU)  No  907/2014  (see  point  2.3  A)))  as  regards  the 
operative event for the exchange rate for this aid. 

12)  Commission Delegated Regulation (EU) 2017/89143 adopted on the basis of Articles 62(1) 
and 64(6)(a) supplements Regulation (EU) No 1306/2013 as regards penalties to be applied 
in the fruit and vegetables and processed fruit and vegetables sectors. 

13)  Commission Delegated Regulation (EU) 2018/27344 adopted on the basis of Articles 64(6) 
and 89(5) lays down rules for identifying the proportionate and graduated specific rate for 
the  administrative  penalty  to  be  imposed  by  Member  States  as  regards  the  scheme  of 
authorisation  for  vine  planting,  for  identifying  the  cases  in  which  the  administrative 
penalties are not to be imposed. It also as establishes an analytical data bank of isotopic data 
to help detect fraud to be constructed on the basis of samples collected by Member States 
and provides for the rules on control bodies and rules on the common use of the findings of 
Member States.  

In  line  with  the  common  understanding  on  delegated  acts45,  Member  States’  experts  were 
consulted  in  the  Expert Group  for  Horizontal  Questions  concerning  the  CAP  and  in  the  Expert 
Group  for  Agricultural  Markets,  in  particular  concerning  aspects  falling  under  the  single  CMO 
Regulation. The Regulations were notified to the European Parliament and the Council. Neither 
the  European  Parliament  nor  the  Council  issued  any  objection  to  any  of  the  Delegated 
Regulations. 

The  Commission  has  not  adopted  any  delegated  act  pursuant  to  Articles  65,  84,  107  and  110, 
because the Commission has not identified any need in this regard. 

2.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  It  cannot  be  excluded  that  the 
empowerments will be needed in future. 

vegetables, bananas and milk in educational establishments and amending Commission Delegated Regulation 
(EU) No 907/2014, OJ L 5, 10.1.2017, p. 1 

43   Commission  Delegated  Regulation  (EU)  2017/891  of  13  March  2017  supplementing  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 and supplementing Regulation (EU) No 1306/2013 of the European Parliament and 
of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing 
Regulation (EU) No 543/2011, OJ L 138, 25.5.2017, p. 4 

44   Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 
1308/2013  of  the  European  Parliament  and  of  the  Council  as  regards  the  scheme  of  authorisations  for  vine 
plantings, the vineyard register, accompanying documents  and certification,  the  inward  and outward register, 
compulsory declarations, notifications and publication of notified information, and supplementing Regulation 
(EU)  No  1306/2013  of  the  European  Parliament  and  of  the  Council  as  regards  the  relevant  checks  and 
penalties,  amending  Commission  Regulations  (EC)  No  555/2008,  (EC)  No  606/2009  and  (EC)  No  607/2009 
and  repealing  Commission  Regulation  (EC)  No  436/2009  and  Commission  Delegated  Regulation  (EU) 
2015/560, OJ L 58, 28.2.2018, p. 1 

45  

See footnote 13. 

17 

 
 
 
                                                                                                                                                                                            
3.  REGULATION (EU) NO 1307/2013  OF  THE EUROPEAN PARLIAMENT  AND  OF  THE COUNCIL 
OF 17 DECEMBER 2013  ESTABLISHING RULES  FOR DIRECT PAYMENTS TO FARMERS UNDER 
SUPPORT  SCHEMES  WITHIN  THE  FRAMEWORK  OF  THE  COMMON  AGRICULTURAL  POLICY 
AND  REPEALING  COUNCIL  REGULATION  (EC)  NO  637/2008  AND  COUNCIL  REGULATION 
(EC) NO 73/2009 

3.1.  Introduction 
Regulation (EU) No 1307/201346 establishes rules on payments granted directly to farmers under 
the support schemes listed in Annex I ("direct payments").  

Article 2 empowers the Commission to adopt delegated acts amending the list of support schemes 
set out in Annex I to the extent necessary to take account of any new legislative acts on support 
schemes which may be adopted after the adoption of this Regulation. 

Article 4(3) empowers the Commission to adopt delegated acts establishing: 

(a)  the  framework  within  which  Member  States  are  to  establish  the  criteria  to  be  met  by 
farmers in order to fulfil the obligation to maintain an agricultural area in a state suitable 
for grazing or cultivation, as referred to in point (c)(ii) of paragraph 1; 

(b) the  framework  within  which  Member  States  shall  define  the  minimum  activity  to  be 
carried  out  on  agricultural  areas  naturally  kept  in  a  state  suitable  for  grazing  or 
cultivation, as referred to in point (c)(iii) of paragraph 1; 

(c)  the  criteria  to  determine  the  predominance  of  grasses  and  other  herbaceous  forage  and 
the  criteria  to  determine  the  established  local  practices  referred  to  in  point  (h)  of 
paragraph 1. 

Article 6(3) empowers the Commission to adopt delegated acts adapting the national ceilings set 
out  in  Annex  II  in  order  to  take  account  of  the  developments  relating  to  the  total  maximum 
amounts of direct payments that may be granted. 

Article 7(3) empowers the Commission to adopt delegated acts adapting the net ceilings set out in 
Annex III in order to take account of the developments relating to the total maximum amounts of 
direct payments that may be granted. 

Article 8(3) empowers the Commission to adopt delegated acts laying down rules on the basis for 
calculation of reductions to be applied by Member States to farmers pursuant to paragraph 1 of 
this Article in order to ensure the correct application of the adjustments of direct payments with 
respect to financial discipline. 

Article 9(5) empowers the Commission to adopt delegated acts laying down: 

(a)  criteria for determining the cases where a farmer's agricultural area is to be considered to 

be mainly an area naturally kept in a state suitable for grazing or cultivation; 

(b) criteria  for  establishing the distinction  between receipts resulting  from  agricultural  and 

non-agricultural activities; 

(c)  criteria for establishing the amounts of direct payments referred to in paragraphs 2 and 4, 
especially  concerning  direct  payments  in  the  first  year  of  allocation  of  payment 

46  

For reference see footnote 10. 

18 

 
 
                                                           
entitlements  where  the  value  of  the  payment  entitlements  is  not  yet  definitively 
established, as well as concerning direct payments for new farmers; 

(d) criteria that farmers are to meet in order to prove for the purposes of paragraphs 2 and 3 
that their agricultural activities are not insignificant and that their principal business or 
company objects consist of exercising an agricultural activity. 

Article 20(6) empowers the Commission to adopt delegated acts adapting the amounts set out in 
Annex VI in order to take account of the consequences of the return of de-mined land to use for 
agricultural activities as notified by Croatia. 

Article 35(1) empowers the Commission to adopt delegated acts concerning: 

(a)  rules on eligibility and access in respect of the basic payment scheme of farmers in the 
case of inheritance and anticipated inheritance, inheritance under a lease, change of legal 
status  or  denomination,  transfer  of  payment  entitlements,  merger  or  scission  of  the 
holding, and the application of the contract clause referred to in Article 24(8); 

(b) rules on the calculation of the value and number or on the increase or reduction in the 
value of payment entitlements in relation to the allocation of payment entitlements under 
any provision of this Title, including rules: 

(i) 

on  the  possibility  of  a  provisional  value  and  number  or  of  a  provisional  increase  of 
payment entitlements allocated on the basis of the application from the farmer, 
(ii)  on the conditions for establishing the provisional and definitive value and number of 

the payment entitlements, 

(iii)  on  the  cases  where  a  sale  or  lease  contract  may  affect  the  allocation  of  payment 

entitlements; 

(c)  rules  on  the  establishment  and  calculation  of  the  value  and  number  of  payment 

entitlements received from the national reserve or regional reserves; 

(d) rules  on  the  modification  of  the  unit  value  of  payment  entitlements  in  the  case  of 
fractions  of  payment  entitlements  and  in  the  case  of  transfer  of  payment  entitlements 
referred to in Article 34(4); 

(e)  criteria  for  applying  options  under  points  (a),  (b)  and  (c)  of  the  third  subparagraph  of 

Article 24(1); 

(f)  criteria for applying limitations on the number of payment entitlements to be allocated in 

accordance with Article 24(4) to (7); 

(g) criteria for the allocation of payment entitlements pursuant to Article 30(6) and (7); 
(h) criteria for setting the reduction coefficient referred to in Article 32(5). 

Article 35(2) empowers the Commission to adopt delegated acts laying down rules on the content 
of the declaration and the requirements for the activation of payment entitlements. 

Article 35(3) empowers  the Commission  to  adopt  delegated acts  laying down rules making the 
granting of payments conditional upon the use of certified seeds of certain hemp varieties and the 
procedure 
their 
tetrahydrocannabinol content referred to in Article 32(6). 

the  determination  of  hemp  varieties  and 

the  verification  of 

for 

Article 36(6)  empowers  the Commission  to  adopt  delegated acts  concerning rules on  eligibility 
and the access of farmers to the single area payment scheme. 

19 

 
 
 
Article 39(3) empowers the Commission to adopt delegated acts laying down further rules on the 
introduction  of  the  basic  payment  scheme  in  Member  States  having  applied  the  single  area 
payment scheme. 

Article 43(12) empowers the Commission to adopt delegated acts: 

(a)  adding equivalent practices to the list set out in Annex IX; 
(b) establishing appropriate requirements applicable to the national or regional certification 
schemes  referred  to  in  point  (b)  of  paragraph  3  of  this  Article,  including  the  level  of 
assurance to be provided by those schemes; 

(c)  establishing detailed rules for the calculation of the amount referred to in Article 28(6) 
of  Regulation  (EU)  No  1305/2013  for  the  practices  referred  to  in  points  3  and  4  of 
Section  I  and  point  7  of  Section  III  of  Annex  IX  to  this  Regulation,  and  any  further 
equivalent  practices  added  to  that  Annex  pursuant  to  point  (a)  of  this  paragraph  for 
which a specific calculation is needed in order to avoid double funding. 

Article 44(5) empowers the Commission to adopt delegated acts: 

(a)  recognising  other  types  of  genera  and  species  than  those  referred  to  in  paragraph  4  of 

this Article; and 

(b) laying down the rules concerning the application of the precise  calculation of shares of 

different crops. 

Article  45(5)  empowers  the  Commission  to  adopt  delegated  acts  laying  down  detailed  rules  on 
maintenance of permanent grassland. 

Article 45(6) empowers the Commission to adopt delegated acts in accordance with Article 70: 

(a)  laying down the framework for the designation of further sensitive areas referred to  in 

the second subparagraph of paragraph 1 of this Article; 

(b) establishing detailed methods for the determination of the ratio of permanent grassland 
and of the total agricultural area that has to be maintained pursuant to paragraph 2 of this 
Article; 

(c)  defining the period in the past referred to in the first subparagraph of paragraph 3 of this 

Article. 

Article 46(9) empowers the Commission to adopt delegated acts: 

(a)  laying  down  further  criteria  for  the  types  of  areas  referred  to  in  paragraph  2  of  this 

Article to qualify as ecological focus area; 

(b) adding other types of areas than those referred to in paragraph 2 that can be taken into 

account for the purpose of respecting the percentage referred to in paragraph 1; 

(c)  adapting Annex X in order to establish the conversion and weighting factors referred to 
in paragraph 3 and in order to take into account the criteria and/or types of areas to be 
defined by the Commission under points (a) and (b) of this paragraph; 

(d) setting  rules  for  the  implementation  referred  to  in  paragraphs  5  and  6,  including  the 

minimum requirements on such implementation; 

(e)  establishing the framework within which Member States are to define the criteria to be 
met by holdings in  order to  be considered to  be in close proximity for the purposes of 
paragraph 6; 

20 

 
 
(f)  establishing  the  methods  for  determination  of  the  percentage  of  total  land  surface  area 
covered by forest and the ratio of forest land to agricultural land referred to in paragraph 
7. 

Article  50(11)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  conditions 
under  which  a  legal  person  may  be  considered  to  be  eligible  to  receive  the  payment  for  young 
farmers. 

Article 52(9) empowers the Commission to adopt delegated acts laying down: 

(a)   the conditions for granting coupled support; 
(b) rules on consistency with other Union measures and on the cumulation of support. 

Article 52(10) empowers the Commission to adopt delegated acts supplementing this Regulation 
as  regards  voluntary  coupled  support  measures  in  order  to  avoid  beneficiaries  of  voluntary 
coupled support suffering from structural market imbalances in a sector.  

Article 57(3) empowers the Commission to adopt delegated acts concerning rules and conditions 
for  the  authorisation  of  land  and  varieties  for  the  purposes  of  the  crop-specific  payment  for 
cotton. 

Article  58(5)  empowers  the  Commission  to  adopt  delegated  acts  concerning  rules  on  the 
conditions  for  the  granting  of  that  payment,  on  the  eligibility  requirements  and  on  agronomic 
practices. 

Article 59(3) empowers the Commission to adopt delegated laying down: 

(a)  criteria for the approval of interbranch organisations; 
(b) obligations for producers; 
(c)  rules  governing  the  situation  where  the  approved  interbranch  organisation  does  not 

satisfy the criteria referred to in point (a). 

Article  64(5)  empowers  the  Commission  to  adopt  delegated  acts  setting  out  the  conditions  for 
participation  in  the  small  farmers  scheme  where  the  situation  of  the  participating  farmer  has 
changed. 

Article  67(1)  empowers  the  Commission  to  adopt  delegated  acts  on  the  necessary  measures 
regarding notifications to be made by Member States to the Commission for the purposes of this 
Regulation,  for the purpose of checking, controlling, monitoring, evaluating and auditing direct 
payments  or  for  the  purpose  of  complying  with  requirements  laid  down  in  international 
agreements  which  have  been  concluded  by  a  Council  decision,  including  notification 
requirements  under  those  agreements.  In  so  doing,  the  Commission  shall  take  into  account  the 
data needs and synergies between potential data sources. 

Article 67(2) empowers the Commission to adopt delegated acts in laying down further rules on: 

(a)  the nature and type of the information to be notified; 
(b) the categories of data to be processed and maximum retention periods; 
(c)  access rights to the information or information systems made available; 
(d) the conditions of publication of the information. 

Article 73 empowers the Commission to adopt delegated acts concerning the necessary measures 
to protect any acquired rights and legitimate expectations of farmers in order to ensure a smooth 

21 

 
 
transition from the arrangements provided for in Regulation (EC) No 73/2009 to those laid down 
in Regulation (EU) No 1307/2013. 

3.2.  Legal Basis 

The  report  is  required  under  Article  70(2).  Pursuant  to  this  provision,  the  power  to  adopt 
delegated  acts  referred  to  in  Article  2,  4,  6,  7,  8,  9,  20,  35,  36,  39,  43,  44,  45,  46,  Article  50, 
Article 52, 57, 58, 59, 64, 67 and Article 73 shall be conferred on the Commission for a period of 
seven  years  from  1  January  2014.  The  Commission  shall  draw  up  a  report  in  respect  of  the 
delegation  of  power  not  later  than  nine  months  before  the  end  of  the  seven-year  period.  The 
delegation of power is tacitly extended for periods of an identical duration, unless the European 
Parliament or the Council opposes such extension not later than three months before the end of 
each period. 

3.3.  Exercise of Delegation 

At  this  stage,  the  Commission  has  adopted  fifteen  delegated  acts  under  Regulation  (EU)  No 
1307/2013. 
A)  Commission Delegated Regulation (EU) No 502/201447 adopted on basis of Article 8(3) 
supplements Council Regulation (EC) No 73/2009 and Regulation (EU) No 1307/2013 and 
lays down the basis of calculation for reductions to be applied to farmers by Member States 
due  to  the  linear  reduction  of  payments  in  2014  and  financial  discipline  for  calendar  year 
2014. 
In  line  with  the  common  understanding  on  delegated  acts48,  Member  States’  experts  were 
consulted  in  the  Expert  Group  for  Direct  Payments.  The  Regulations  were  notified  to  the 
European  Parliament  and  the  Council.  Neither  the  European  Parliament  nor  the  Council 
issued any objection to any of the Delegated Regulations.  

B)  Commission Delegated Regulation (EU) No 639/201449 adopted on the basis of Articles 
4(3), 8(3), 9(5), 35(1), (2) and (3), 36(6), 39(3), 43(12), 44(5), 45(5) and (6), 46(9), 50(11), 
52(9),  57(3),  58(5),  59(3),  67(1)  and  (2)  supplements  Regulation  (EU)  No  1307/2013.  It 
defines the framework for criteria on maintaining the agricultural area in a state suitable for 
grazing or cultivation, the framework for minimum activities on agricultural areas naturally 
kept  in  a  state  suitable  for  grazing  or  cultivation,  the  predominance  of  grasses  and  other 
herbaceous forage in case of permanent grassland and the established local practices in case 
of permanent grassland. It lays down the basis of calculation for reductions to be applied to 
farmers by Member States due to financial discipline. It defines the cases where agricultural 

47   Commission  Delegated  Regulation  (EU)  No  502/2014  of  11  March  2014  supplementing  Council  Regulation 
(EC) No 73/2009 and Regulation (EU) No 1307/2013 of the European Parliament and of the Council as regards 
the basis of calculation for reductions to be applied to farmers by Member States due to the linear reduction of 
payments in 2014 and financial discipline for calendar year 2014, OJ L 145, 16.5.2014, p. 20 

48   Common Understanding on delegated acts from 2011(not published). 
49   Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 
1307/2013  of  the  European  Parliament  and  of  the  Council  establishing  rules  for  direct  payments  to  farmers 
under support schemes within the framework of the common agricultural policy and amending Annex X to that 
Regulation, OJ L 181, 20.6.2014, p. 1 

22 

 
 
                                                           
areas  are mainly areas naturally kept  in  a state suitable for  grazing or cultivation,  receipts 
obtained  from  non-agricultural  activities,  the  amount  of  direct  payments  referred  to  in 
Article 9(2) and (4) of R1307/2013 and in Art. 13(2) of R 639/2014, the criteria for proving 
that agricultural activities  are not  insignificant  and that the principal business or company 
objects consist of exercising an agricultural activity. It lays down rules for the application of 
the basic payment scheme provided for in Sections 1, 2, 3 and 5 of Chapter 1 of Title III of 
Regulation  (EU)  No  1307/2013  and  of  the  Single  area  payment  scheme  provided  for  in 
Article  36  of  Regulation  (EU)  No  1307/2013.  It  provides  for  rules  for  the  payment  for 
agricultural  practices  beneficial  for  the  climate  and  the  environment  (“greening”),  in 
particular  related  to  equivalence,  crop  diversification,  the    maintenance  of  permanent 
grassland and the ratio of permanent grassland, criteria for qualification as ecological focus 
area and adapts Annex X of Regulation (EU) No 1307/2013 by setting out the conversion 
and weighing factors referred to in Article 46(3) of that Regulation for the different types of 
ecological  focus  areas.  It  lays  down  rules  for  the  access  of  legal  persons  and  group  of 
natural persons to the payments of young farmers; detailed conditions for granting coupled 
support;  the  obligations  and  possibilities  for  Member  States  as  regards  the  crop-specific 
payment for cotton and detailed rules on the notifications to be done by Member States. 

The Commission amended this delegated act five times:  
In  2015  through  Commission  Delegated  Regulation  (EU)  2015/138350  on  the  basis  of 
Article  52(9)  as  regards  the  eligibility  conditions  in  relation  to  the  identification  and 
registration requirements for animals for coupled support. 
In  2016  through  Commission  Delegated  Regulation  (EU)  2016/14151  on  the  basis  of 
Article Articles 50(11) and 52(9) and Article 67(1) and (2)  as regards certain provisions on 
the  payment  for  young  farmers  and  on  voluntary  coupled  support  and  derogating  from 
Article  53(6)  of  Regulation  (EU)  No  1307/2013  of  the  European  Parliament  and  of  the 
Council. 
In  2017  through  Commission  Delegated  Regulation  (EU)  2017/115552  on  the  basis  of 
Article 35(2) and (3), Articles 44(5)(b) and 46(9)(a) and (c), Article 50(11), Article 52(9)(a) 
and  Article  67(1)  and  (2)(a)  as  regards  the  control  measures  relating  to  the  cultivation  of 
hemp, certain provisions relating to the greening (especially as regards the Ecological Focus 

50   Commission Delegated Regulation (EU) 2015/1383 of 28 May 2015 amending Delegated Regulation (EU) No 
639/2014 as regards the eligibility conditions in relation to the identification and registration requirements for 
animals  for  coupled  support  under  Regulation  (EU)  No  1307/2013  of  the  European  Parliament  and  of  the 
Council, OJ L 214, 13.8.2015, p. 1 

51   Commission Delegated Regulation (EU) 2016/141 of 30 November 2015 amending Delegated Regulation (EU) 
No 639/2014 as regards certain provisions on the payment for young farmers and on voluntary coupled support 
and  derogating  from  Article  53(6)  of  Regulation  (EU)  No  1307/2013  of  the  European  Parliament  and  of  the 
Council, OJ L 28, 4.2.2016, p. 2 

52   Commission Delegated Regulation (EU) 2017/1155 of 15 February 2017 amending Delegated Regulation (EU) 
No  639/2014  as  regards  the  control  measures  relating  to  the  cultivation  of  hemp,  certain  provisions  on  the 
greening payment, the payment for young farmers in control of a legal person, the calculation of the per unit 
amount  in  the  framework  of  voluntary  coupled  support,  the  fractions  of  payment  entitlements  and  certain 
notification  requirements  relating  to  the  single  area  payment  scheme  and  the  voluntary  coupled  support,  and 
amending  Annex X to Regulation (EU) No 1307/2013 of the European Parliament and of the  Council, OJ L 
167, 30.6.2017, p. 1 

23 

 
 
 
                                                           
Area),  reflecting  the  results  of  review  of  greening  after    one  year  of  implementation,  the 
payment  for  young  farmers  in  control  of  a  legal  person,  the  calculation  of  the  per  unit 
amount  in  the  framework  of  voluntary  coupled  support,  the  fractions  of  payment 
entitlements  and  certain  notification  requirements  relating  to  the  single  area  payment 
scheme and the voluntary coupled support, and amending Annex X to Regulation (EU) No 
1307/2013 on conversion and weighting factors. 
In  2018  through  Commission  Delegated  Regulation  (EU)  2018/70753  on  the  basis  of 
Articles 35(3), 52(9) and 67(1) and (2) as regards the eligibility criteria for support for hemp 
under the basic payment scheme and  certain  requirements in  respect of  voluntary  coupled 
support and through Commission Delegated Regulation (EU) 2018/178454 on the basis of 
Articles  45(6)(b)  and  46(9)(a)  as  regards  certain  provisions  on  the  greening  practices 
established  by  Regulation  (EU)  No  1307/2013  following  the  amendments  brought  by 
Regulation  (EU) 2017/239355. 
In  line  with  the  common  understanding  on  delegated  acts56,  Member  States’  experts  were 
consulted  on  all  these  delegated  acts  in  the  Expert  Group  for  Direct  Payments.  The 
Regulations  were  notified  to  the  European  Parliament  and  the  Council.  Neither  the 
European  Parliament  nor  the  Council  issued  any  objection  to  any  of  the  Delegated 
Regulations. 

C) 

In addition to Commission Delegated Regulation (EU) 2017/1155 (mentioned above under 
point B))  amending Annex X to Regulation (EU) No 1307/2013, the Commission adopted 
the  following  delegated  acts  in  order  to  adapt  the  Annexes  of  Regulation  (EU)  No 
1307/2013: 

1)  Commission  Delegated  Regulation  (EU)  No  994/201457  amending  on  the  basis  of 
Articles 6(3), 7(3) and 20(6) Annexes II on national ceilings, III on net ceilings and VI 
on financial provisions applying to Croatia to Regulation (EU) No 1307/2013. 

2)  Commission Delegated Regulation (EU) No 1001/201458 amending on the basis of 
Article 46(9)(c) Annex X on conversion and weighting factors to Regulation (EU) No 

53   Commission Delegated Regulation (EU) 2018/707 of 28 February 2018 amending Delegated Regulation (EU) 
No 639/2014 as regards the eligibility criteria for support for hemp under the basic payment scheme and certain 
requirements in respect of voluntary coupled support, OJ L 119, 15.5.2018, p. 1 

54   Commission Delegated Regulation (EU) 2018/1784 of 9 July 2018 amending Delegated Regulation (EU) No 
639/2014 as regards certain provisions on the greening practices established by Regulation (EU) No 1307/2013 
of the European Parliament and of the Council, OJ L 293, 20.11.2018, p. 1 

55   Regulation  (EU)  2017/2393 of  the  European  Parliament  and  of  the  Council  of  13  December  2017  amending 
Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural 
Development  (EAFRD),  (EU)  No  1306/2013  on  the  financing,  management  and  monitoring  of  the  common 
agricultural  policy,  (EU)  No  1307/2013  establishing  rules  for  direct  payments  to  farmers  under  support 
schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common 
organisation  of  the  markets  in  agricultural  products  and  (EU)  No  652/2014  laying  down  provisions  for  the 
management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant 
health and plant reproductive material, OJ L 350, 29.12.2017, p. 15 

56    See footnote 13. 
57  

For reference see footnote 3. 

24 

 
 
 
                                                           
1307/2013 of the European Parliament and of the Council establishing rules for direct 
payments  to  farmers  under  support  schemes  within  the  framework  of  the  common 
agricultural policy 

3)  Commission Delegated Regulation (EU) No 1378/201459 amending on the basis of 
Articles  6(3)  and  7(3)  Annexes  II  on  national  ceilings  and  III  on  net  ceilings  to 
Regulation (EU) No 1307/2013. 

4)  Commission  Delegated  Regulation  (EU)  2015/85160  amending  on  the  basis  of 
Articles 6(3), 7(3) and 20(6) Annexes II on national ceilings, III on net ceilings and VI 
on financial provisions applying to Croatia to Regulation (EU) No 1307/2013. 

5)  Commission  Delegated  Regulation  (EU)  2016/14261  amending  on  the  basis  of 

Article 7(3) Annex III  on net ceilings to Regulation (EU) No 1307/2013. 

6)  Commission  Delegated  Regulation  (EU)  2018/16262  amending  on  the  basis  of 
Articles  6(3)  and  7(3)  Annexes  II  on  national  ceilings  and  III  on  net  ceilings  to 
Regulation (EU) No 1307/2013. 

7)  Commission Delegated Regulation (EU) 2019/7163 amending on the basis of Article 

7(3) Annex III on net ceilings to Regulation (EU) No 1307/2013. 

Some of these delegated acts have at the same time amended Annex I to Regulation (EU) 
No 1305/2013. They are therefore also mentioned in point 1.3 of this report.  
In line with the common understanding on delegated acts64, Member States’ experts were 
consulted  in  the  Expert  Group  for  Direct  Payments  and  the  Expert  Group  for  Rural 
Development  when  the  act  was  also  taken  under  Regulation  (EU)  1305/2013).  The 
Regulations  were  notified  to  the  European  Parliament  and  the  Council.  Neither  the 
European  Parliament  nor  the  Council  issued  any  objection  to  any  of  the  Delegated 
Regulations. 

D)  Commission  Delegated  Regulation  (EU)  2017/118365  adopted  on  the  basis  of  Article 
67(2)  supplements  Regulations  (EU)  No  1307/2013  and  (EU)  No  1308/2013  (see  in  this 
respect also point 4.3) with regard to the notifications to the Commission of information and 
documents.  It  creates  a  legal  framework  that  in  particular  requests  Member  States  to 
designate a single liaison body responsible to carry out certain tasks.  

58   Commission Delegated Regulation (EU) No 1001/2014 of 18 July 2014 amending Annex X to Regulation (EU) 
No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers 
under support schemes within the framework of the common agricultural policy, OJ L 281, 25.9.2014, p. 1 

For reference see footnote 4. 

59  
60   Commission  Delegated  Regulation  (EU)  2015/851  of  27  March  2015  amending  Annexes  II,  III  and  VI  to 
Regulation  (EU)  No  1307/2013  of  the  European  Parliament  and  of  the  Council  establishing  rules  for  direct 
payments  to  farmers  under  support  schemes  within  the  framework  of  the  common  agricultural  policy,  OJ  L 
135, 2.6.2015, p. 8 

For reference see footnote 6 

For reference see footnote 7. 

For reference see footnote 8. 

61  
62  
63  
64  
65   Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 
1307/2013  and  (EU)  No  1308/2013  of  the  European  Parliament  and  of  the  Council  with  regard  to  the 
notifications to the Commission of information and documents, OJ L 171, 4.7.2017, p. 100 

See footnote 13. 

25 

 
 
 
                                                                                                                                                                                            
In  line  with  the  common  understanding  on  delegated  acts66,  Member  States’  experts  were 
consulted in the Expert Group for Direct Payments and in the Expert Group for Horizontal 
Questions concerning the CAP. The Regulations were notified to the European Parliament 
and the Council. Neither the European Parliament nor the Council issued any objection to 
any of the Delegated Regulations. 

The  Commission  has  not  adopted  any  delegated  act  pursuant  to  Articles  43(12)(a),  44(5)(a), 
46(9)(b), 52 (10), 64(5) and 73. 

Article  43(12)(a)  concerns  the  addition  of  practices  equivalent  to  the  agricultural  practices 
beneficial for the climate and the environment. Based on the experience with ‘standard greening 
measures’  and  the  application  of  the  equivalent  practices  based  on  the  list  in  Annex  IX  of 
Regulation  (EU)  No  1307/2013  the  Commission  did  not  identify  a  need  to  extend  the  list  by 
adding a new practice.  

44(5)(a) concerns the recognition of types of genera and species other than those defined in the 
regulation for the purpose of crop diversification obligation. The Commission’s experience with 
the  implementation  based  on  the  existing  crop  breakdown  showed  that  it  offered  sufficient 
leeway for farmers while further criteria would risk diluting the obligation.  

Article 46(9)(b) concerns the addition of types of Ecological focus areas (EFA) other than those 
set in the Regulation. The conclusion on the implementation of the EFA obligation both within 
the ‘Review of Greening after a year of implementation’ of 2016 and the dedicated EFA report of 
2017 did not prove that such addition was necessary. 

Article 52(10) concerns voluntary coupled support in case of structural market imbalances. The 
condition  of  structural  market  imbalances  has  not  been  fulfilled  since  the  existence  of  the 
empowerment67. 

Article  64(5)  concerns  the  small  farmers  scheme  and  empowers  the  Commission  to  adopt 
delegated acts setting out the conditions for participation in the scheme where the situation of the 
participating farmer has changed. Given that farmers can enter the scheme only once in 2015 (the 
exception being  only  cases of inheritance)  and considering that farmers  can withdraw from the 
scheme at any year, the Commission did not identify a need for exercising this empowerment.  

Article  73  concerns  transitional  measures.  Those  have  been  adopted  by  Regulation  (EU)  No 
1310/2013 of the European Parliament and of the Council68. The empowerment was therefore not 
used by the Commission. 

66   Common  Understanding  between  the  European  Parliament,  the  Council  and  the  Commission  on  Delegated 
Acts, annex to the Interinstitutional Agreement between the European Parliament, the Council of the European 
Union and the European Commission on Better Law-Making, OJ L 123, 12.5.2016, p. 1. 

67   The empowerment of Art. 52 (10) has been introduced by Regulation (EU) 2017/2393 (for full reference see 

footnote 55) 

68   Regulation (EU) No 1310/2013 of the  European Parliament and of the  Council of 17 December 2013 laying 
down certain transitional provisions on support for rural development by the European Agricultural Fund for 
Rural  Development  (EAFRD),  amending  Regulation  (EU)  No  1305/2013 of  the  European  Parliament  and  of 
the  Council  as  regards  resources  and  their  distribution  in  respect  of  the  year  2014  and  amending  Council 
Regulation  (EC)  No  73/2009  and  Regulations  (EU)  No  1307/2013,  (EU)  No  1306/2013  and  (EU)  No 

26 

 
 
 
 
                                                           
3.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  It  cannot  be  excluded  that  the 
empowerments will be needed in future. 

4.  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 

4.1.  Introduction 
Regulation  (EU)  No  1308/201369  establishes  a  common  organisation  of  the  markets  in 
agricultural products. It lays down rules for different sectors of agricultural products. 

Article 3 (4) empowers the Commission to update the definitions concerning the rice sector set 
out in Part I of Annex II. 

Article 4 empowers the Commission to adjust the description of products and references in this 
Regulation to the headings or subheadings of the combined nomenclature. 

Article 18 empowers the Commission to lay down the conditions under which it may decide to 
grant private storage aid for the products listed in Article 17. 

Article  19  (1)  empowers  the  Commission  to  provide  for  rules  as  regards  the  requirements  and 
conditions to be met by products on public intervention.  

Article  19(2)  empowers  the  Commission  to  provide  for  rules  as  regards  the  quality  criteria  for 
both buying-in and sales of common wheat, durum wheat, barley, maize and paddy rice. 

Article  19(3)  empowers  the  Commission  to  provide  for  rules  as  regards  appropriate  storage 
capacity  and  the  efficiency  of  the  public  intervention  system  in  terms  of  cost-effectiveness, 
distribution and access for operator.   

Article 19(4) empowers the Commission to provide for certain conditions for private storage.  

Article 19 (5) empowers the Commission to provide for certain rules for the proper functioning of 
the public intervention and private storage systems.  

Article 19 (6) empowers the Commission as regards the classification of carcasses. 

Article 24 empowers the Commission to provide for different rules as regards Aid for the supply 
of fruit and vegetables and of milk and milk products in educational establishments 

1308/2013of the European Parliament and of the  Council as regards their application in  the  year 2014, OJ L 
347, 20.12.2013, p. 865 

69   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, OJ L 347, 20.12.2013, p. 
671 

27 

 
 
                                                                                                                                                                                            
Article 30 empowers the Commission to provide for different rules as regards aid in the olive oil 
and table olives sector 

Article 37 empowers the Commission to provide for different rules as regards aid in the fruit and 
vegetables sector. 

Article  53  empowers  the  Commission  to  provide  for  different  rules  as  regards  the  support 
programmes in the wine sector. 

Article  56  empowers  the  Commission  to  provide  for  different  rules  as  regards  aid  in  the 
apiculture sector. 

Article  59  empowers  the  Commission  to  provide  for  different  rules  as  regards  aid  in  the  hops 
sector. 

Article  69  empowers  the  Commission  to  provide  for  different  rules  as  regards  the  scheme  of 
authorisation for vine planting. 

Article  75  (2)  empowers  the  Commission  to  adopt  rules  on  marketing  standards  by  sectors  or 
products,  at  all  stages  of  the  marketing,  as  well  as  derogations  and  exemptions  from  such 
standards  in  order  to  adapt  to  constantly  changing  market  conditions,  to  evolving  consumer 
demands, to developments in relevant international standards and to  avoid creating obstacles to 
product innovation. 

Article 75 (6) empowers the Commission to modify the list of sectors in paragraph 1 for which 
marketing standards may apply.  

Article 76 (4) empowers the Commission to adopt specific derogations to additional requirements 
for marketing of products in the fruit and vegetable sector. 

Article  77  (5)  empowers  the  Commission  to  laying  down  derogations  to  the  obligation  for 
certification for hops. 

Article  78  (3)  and  (4)  empowers  the  Commission  concerning  the  modifications,  derogations  or 
exemptions  to  the  definitions  and  sales  descriptions  provided  for  in  Annex  VII,  as  well  as 
concerning the rules on their specification and application. 

Article  78  (5)  empowers  the  Commission  to  specify  the  milk  products  in  respect  of  which  the 
animal species from which the milk originates is to be stated, if it is not bovine, and to lay down 
the necessary rules. 

Article  79  empowers  the  Commission  to  lay  down  rules  on  tolerance  for  one  or  more  specific 
standards in excess of which the entire batch of products shall be considered not to respect that 
standard. 

Article  80  (4)  empowers  the  Commission  concerning  rules  on  the  national  procedures  for 
unmarketable wine products, and derogations therefrom concerning the withdrawal or destruction 
of wine products that do not comply with the requirements. 

Article  83  (4)  empowers  the  Commission  setting  out  the  conditions  for    national  rules  for 
spreadable fat and for wine products, as well as the conditions for the holding, circulation and use 
of the products obtained from the experimental practices. 

Articles 86, 87(2) and 88 (3) empower the Commission as regards optional reserved terms. 

28 

 
 
Article  89  empowers  the  Commission  as  regards  Marketing  standards  related  to  import  and 
export. 

Articles  100  (3)  and  109  empower  the  Commission  as  regards  certain  rules  related  to  the 
designation of origin and geographical indications in the wine sector. 

Article 114 empowers the Commission as regards certain rules related to traditional terms in the 
wine sector. 

Article  122  empowers  the  Commission  as  regards  certain  rules  related  to  the  labelling  and 
presentation in the wine sector. 

Articles 125(4), 132, 140 (2) and 143 empower the Commission as regards certain rules for the 
Sugar sector. 

Article 145 (4) empowers the Commission as regards rules on the vineyard register and related 
obligations for operators in the wine sector. 

Article  166  empowers  the  Commission  as  regards  rules  on  producer  organisations  and 
associations and interbranch organisations. 

Articles 177, 181 (2), 185, 186, 190 (3), 192 (4), 202 empower the Commission as regards trade 
with third countries. 

Article  219(1)  empowers  the  Commission  to  adopt  Measures  against  threats  of  market 
disturbance  caused  by  significant  price  rises  or  falls  on  internal  or  external  markets  or  other 
events and circumstances significantly disturbing or threatening to disturb the market, where that 
situation,  or  its  effects  on  the  market,  is  likely  to  continue  or  deteriorate.  Where,  in  cases  of 
threats of market disturbances, imperative grounds of urgency so require, the urgency procedure 
as provided for in Article 228 shall apply. 

Article  223  empowers  the  Commission  to  lay  down  rules  as  regards  the  necessary  measures 
regarding communications to be made by undertakings, Member States and third countries.  

 Article  231  empowers  the  Commission  concerning  transitional  rules  necessary  to  protect  the 
acquired rights and legitimate expectations of undertakings.  

4.2.  Legal Basis 

The  report  is  required  under  Article  227(2).  Pursuant  to  this  provision,  the  power  to  adopt 
delegated  acts  referred  to  in  Regulation  (EU)  No  1308/2013  shall  be  conferred  on  the 
Commission for a period of seven years from 20 December 2013. The Commission shall draw up 
a  report  in  respect  of  the  delegation  of  power  not  later  than  nine  months  before  the  end  of  the 
seven-year  period.  The  delegation  of  power  is  tacitly  extended  for  periods  of  an  identical 
duration,  unless  the  European  Parliament  or  the  Council  opposes  such  extension  not  later  than 
three months before the end of each period.  

4.3.  Exercise of Delegation 

At this stage, the Commission has adopted sixty-two delegated acts under Regulation (EU) No 
1308/2013. 

29 

 
 
A)  Delegated acts supplementing Regulation (EU) No 1308/201 

Forty  delegated  acts  have  been  adopted  to  supplement  Regulation  (EU)  No  1308/2013,  in 
particular as regards the different sectors: 

 As regards private storage: 

Commission  Delegated  Regulation  (EU)  No  501/201470  adopted  on  the  basis  of  Article 
19(1)  and  Article  19(4)(a)  supplemented  Regulation  (EU)  No  1308/2013  of  the  European 
Parliament  and  of  the  Council  by  amending  Commission  Regulation  (EC)  No  826/2008  as 
regards  certain  requirements  related  to  the  agricultural  products  benefiting  from  private 
storage aid. This delegated act has been repealed by Commission Delegated Regulation (EU) 
2016/1238. 
Commission Delegated Regulation (EU) 2016/123871 adopted on the basis of Articles 19(1), 
(2), (3), (4)(a) and (5) and 223(2)(a) supplements Regulation (EU) No 1308/2013 with regard 
to public intervention and aid for private storage (see also point 2.3 B)). 

This  delegated  act  has  been  amended  through  Commission  Delegated  Regulation  (EU) 
2018/14972 with regard to the compositional requirements and quality characteristics of milk 
and milk products eligible for public intervention and aid for private storage. 

As regards the classification of beef, pig and sheep carcasses: 

Commission  Delegated  Regulation  (EU)  2017/118273  adopted  on  the  basis  of  Article 
19(6)(a)  to  (d),  Article  223(1)  and  Article  223(2)(a)  supplements  Regulation  (EU)  No 
1308/2013 as regards the Union scales for the classification of beef, pig and sheep carcasses 
and  as  regards  the  reporting  of  market  prices  of  certain  categories  of  carcasses  and  live 
animals. 

As  regards  aid  for  the  supply  of  fruit  and  vegetables  and  of  milk  and  milk  products  in 
educational establishments: 

Commission Delegated Regulation (EU) No 500/201474 adopted on the basis of Article 24 
(1)  (c)  and  (2)  (b)  supplemented  Regulation  (EU)  No  1308/2013  by  amending  Commission 

70   Commission Delegated Regulation (EU) No 501/2014 of 11 March 2014 supplementing Regulation (EU) No 
1308/2013  of  the  European  Parliament  and  of  the  Council  by  amending  Commission  Regulation  (EC)  No 
826/2008  as  regards  certain  requirements  related  to  the  agricultural  products  benefiting  from  private  storage 
aid, OJ L 145, 16.5.2014, p. 14 

For reference see footnote38. 

71  
72   Commission Delegated Regulation (EU) 2018/149 of 15 November 2017 amending Delegated Regulation (EU) 
2016/1238 with regard to the compositional requirements and quality characteristics of milk and milk products 
eligible for public intervention and aid for private storage, OJ L 26, 31.1.2018, p. 11 

73   Commission  Delegated  Regulation  (EU)  2017/1182  of  20  April  2017  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of 
beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses 
and live animals, OJ L 171, 4.7.2017, p. 74 

74   Commission Delegated Regulation (EU) No 500/2014 of 11 March 2014 supplementing Regulation (EU) No 
1308/2013  of  the  European  Parliament  and  of  the  Council  by  amending  Commission  Regulation  (EC)  No 

30 

 
 
 
 
                                                           
Regulation  (EC)  No 288/2009  as regards the  granting of aid  for accompanying measures in 
the  framework  of  a  School  Fruit  and  Vegetables  Scheme.  This  delegated  act  has  been 
repealed by Commission Delegated Regulation (EU) 2016/247 (see below). 
Commission  Delegated  Regulation  (EU)  No  1047/201475  adopted  on  the  basis  of  Article 
27(1)(b  supplemented  Regulation  (EU)  No  1308/2013  as  regards  the  national  or  regional 
strategy to  be drawn up  by Member States for the purpose of the  school  milk  scheme. This 
delegated  act  has  been  repealed  by  Commission  Delegated  Regulation  (EU)  2017/40  (see 
below). 
Commission  Delegated  Regulation  (EU)  2016/24776  adopted  on  the  basis  of  Article  24 
supplements  Regulation  (EU)  No  1308/2013  with  regard  to  Union  aid  for  the  supply  and 
distribution of fruit and vegetables, processed fruit and vegetables and banana products within 
the  framework  of  the  school  fruit  and  vegetables  scheme  (see  also  point  2.3  B)).  This 
delegated  act  has  been  repealed  by  Commission  Delegated  Regulation  (EU)  2017/40  (see 
below). 
Commission Delegated Regulation (EU) 2017/4077 adopted on the basis of Article 24 and 
Article 223(2) supplements Regulation (EU) No 1308/2013 with regard to Union aid for the 
supply  of  fruit  and  vegetables,  bananas  and  milk  in  educational  establishments  and  amends 
Commission Delegated Regulation (EU) No 907/2014 (see also point 2.3 A)) 

As regards the support programmes in the Olive-oil and table-olives sector: 

Commission Delegated Regulation (EU) No 611/201478 adopted on the basis of Article 30 
supplements Regulation (EU) No 1308/2013 of the European Parliament and of the Council 
as regards the support programmes for the olive-oil and table-olives sector 

The  Commission  amended  this  delegated  act  through  Commission  Delegated  Regulation 
(EU)  2017/196279  adopted  on  the  basis  of  Article  30  to  simplify  and  clarify  the  support 
programmes for the olive-oil and table-olives. 

288/2009 as  regards  the  granting  of  aid  for  accompanying  measures  in  the  framework  of  a  School  Fruit  and 
Vegetables Scheme, OJ L 145, 16.5.2014, p. 12 

75   Commission  Delegated  Regulation  (EU)  No  1047/2014  of  29  July  2014  supplementing  Regulation  (EU)  No 
1308/2013  of  the  European  Parliament  and  of  the  Council  as  regards  the  national  or  regional  strategy  to  be 
drawn up by Member States for the purpose of the school milk scheme, OJ L 291, 7.10.2014, p. 4 

76   For reference see footnote 41. 

77   For reference see footnote 42. 

78   Commission  Delegated  Regulation  (EU)  No  611/2014  of  11  March  2014  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the  Council as regards the support programmes for the olive-oil 
and table-olives sector, OJ L 168, 7.6.2014, p. 55 

79   Commission Delegated Regulation (EU) 2017/1962 of 9 August 2017 amending Delegated Regulation (EU) No 
611/2014  supplementing  Regulation  (EU)  No  1308/2013  of  the  European  Parliament  and  of  the  Council  as 
regards the support programmes for the olive-oil and table-olives sector, OJ L 279, 28.10.2017, p. 28 

31 

 
 
 
 
                                                                                                                                                                                            
As  regards  support  (and  trade  with  third  countries)  in  the  fruit  and  vegetables  and 
processed fruit and vegetables sector: 

Commission  Delegated  Regulation  (EU)  No  499/201480  adopted  on  the  basis  of  Article 
37(c)(iv)  and  (d)(xiii),  Article  173(1)(b)  and  (c)  and  (f),  Article  181(2)  and  Article  231(1) 
supplements  Regulations  (EU)  No  1308/2013  and  Regulation  (EU)  No  1306/2013  of  the 
European Parliament and of the Council by amending Commission Implementing Regulation 
(EU)  No  543/2011  relating  to  the  fruit  and  vegetables  and  processed  fruit  and  vegetables 
sectors.(see also point 2.3 B)). 
Commission Delegated Regulation (EU) 2017/89181 adopted on the basis of Article 37(a)(i), 
(ii),  (iii)  and  (vi),  (b),  (c),  (d)(i),  (iii)  to  (vi),  (viii),  (x),  (xi)  and  (xii)  and  (e)(i),  Article 
173(1)(b),  (c),  (d)  and  (f)  to  (j),  Article  181(2),  Article  223(2)(a)  and  Article  231(1) 
supplementing 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  and 
supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council 
with  regard  to  penalties  to  be  applied  in  those  sectors  and  amending  Commission 
Implementing Regulation (EU) No 543/2011 (see also point 2.3 B)). 

This delegated act was amended on the basis of Article 37 through  Commission Delegated 
Regulation  (EU)  2018/114582  as  regards  producer  organisations  in  the  fruit  and  vegetables 
sector. 

As regards national support programmes in the wine sector: 

Commission  Delegated  Regulation  (EU)  No  612/201483  adopted  on  the  basis  of  Article 
53(b),  (c),  (e),  (f)  and  (h)  supplements  Regulation  (EU)  No  1308/2013  by  amending 
Commission  Regulation  (EC)  No  555/2008  as  regards  new  measures  under  the  national 
support programmes in the wine sector. 
Commission  Delegated  Regulation  (EU)  2016/114984  adopted  on  the  basis  of  Article  53 
supplements  Regulation  (EU)  No 1308/2013  as regards the national support programmes in 
the wine sector and amending Commission Regulation (EC) No 555/2008 (see also point 2.3 
B)). 

80   For reference see footnote 32. 

81   For reference see footnote 43. 

82   Commission  Delegated  Regulation  (EU)  2018/1145  of  7  June  2018  amending  Delegated  Regulation  (EU) 

2017/891 as regards producer organisations in the fruit and vegetables sector, OJ L 208, 17.8.2018, p. 1 

83   Commission  Delegated  Regulation  (EU)  No  612/2014  of  11  March  2014  supplementing  Regulation  (EU)  No 
1308/2013  of  the  European  Parliament  and  of  the  Council  by  amending  Commission  Regulation  (EC)  No 
555/2008  as  regards  new  measures  under  the  national  support  programmes  in  the  wine  sector,  OJ  L  168, 
7.6.2014, p. 62 

84   For reference see footnote 36. 

32 

 
 
 
 
 
                                                           
As regards the apiculture sector: 

Commission Delegated Regulation (EU) 2015/136685 adopted on the basis of Articles 56(1), 
223(2)  and  231(1)  supplements  Regulation  (EU)  No  1308/2013  with  regard  to  aid  in  the 
apiculture sector (see also point 2.3 B)). 

As regards vine planting: 

Commission  Delegated  Regulation  (EU)  2015/56086  adopted  on  the  basis  of  Article  69 
supplements Regulation (EU) No 1308/2013 as regards the scheme of authorisations for vine 
plantings (see also point 2.3 B)). This delegated act was repealed by Commission Delegated 
Regulation (EU) 2018/273 (see below). 
Commission Delegated Regulation (EU) 2018/27387 adopted on the basis of Articles 69, 89, 
145(4), 147(3) and 223(2) and point 5 of Section D of Part II of Annex VIII of 11 December 
2017 supplements Regulation (EU) No 1308/2013 as regards the scheme of authorisations for 
vine plantings, the vineyard register,  accompanying documents  and  certification, the inward 
and  outward  register,  compulsory  declarations,  notifications  and  publication  of  notified 
information and repeals Commission Delegated Regulation (EU) 2015/560 (see also point 2.3 
B)). 

This  delegated  act  was  amended  through  Commission  Delegated  Regulation  (EU) 
2019/84088  adopted  on  the  basis  of  Article  89(a)  and  Article  147(3)(d)  to  implement  the 
Agreement  concluded  between  the  European  Union  and  Canada  concerning  trade  in  wines 
and spirits and to exempt retailers from holding an inward and outward register. 

As regards oenological practices: 

Commission Delegated Regulation (EU) 2015/157689 adopted on the basis of Article 75(2) 
and  (3)(g)  and  Article  147(3)(e)  amended  Regulation  (EC)  No  606/2009  as  regards  certain 
oenological  practices  and  Regulation  (EC)  No  436/2009  as  regards  the  registering  of  those 
practices in the wine sector registers. 
Commission  Delegated  Regulation  (EU)  2016/76590  adopted  on  the  basis  of  Article  75(2) 
and  (3)(g)  and  Article  147(3)(e)  amended  Regulation  (EC)  No  606/2009  as  regards  certain 
oenological practices. 

85   For reference see footnote 34.  

86   For reference see footnote 33. 

87   For reference see footnote 44. 

88   Commission  Delegated  Regulation  (EU)  2019/840  of  12  March  2019  amending  Delegated  Regulation  (EU) 
2018/273  as  regards  the  importation  of  wine  originating  in  Canada  and  exempting  retailers  from  holding  an 
inward and outward register, OJ L 138, 24.5.2019, p. 74 

89   Commission Delegated Regulation (EU) 2015/1576 of 6 July 2015 amending Regulation (EC) No 606/2009 as 
regards  certain  oenological  practices  and  Regulation  (EC)  No  436/2009  as  regards  the  registering  of  those 
practices in the wine sector registers, OJ L 246, 23.9.2015, p. 1 

90   Commission Delegated Regulation (EU) 2016/765 of 11 March 2016 amending Regulation (EC) No 606/2009 

as regards certain oenological practices, OJ L 127, 18.5.2016, p. 1 

33 

 
 
                                                           
Commission Delegated Regulation (EU) 2017/196191 adopted on the basis of Article 75(2) 
and (3)(g) amended Regulation (EC) No 606/2009 as regards certain oenological practices. 

Regulation (EC) No 606/2009 has been repealed by Commission Delegated Regulation (EU) 
2019/934 (see below). 
Commission  Delegated  Regulation  (EU)  2019/93492  adopted  on  the  basis  of  Article  75(2) 
and Article 80(4) supplements Regulation (EU) No 1308/2013 as regards wine-growing areas 
where  the  alcoholic  strength  may  be  increased,  authorised  oenological  practices  and 
restrictions applicable to the production and conservation of grapevine products, the minimum 
percentage of alcohol for by-products and their disposal, and publication of OIV files. It also 
repeals Regulation (EC) 606/2009. 

As regards marketing standards for olive oil: 

Commission Delegated Regulation (EU) 2015/183093 adopted on the basis of Article 75(2) 
amends Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil 
and on the relevant methods of analysis. 
Commission  Delegated  Regulation  (EU)  2016/122694  adopted  on  the  basis  of  Article  86 
amends Annex IX to Regulation (EU) No 1308/2013 of the European Parliament and of the 
Council as regards the optional reserved terms for olive oil. 
Commission Delegated Regulation (EU) 2016/209595 adopted on the basis of Article 75 (2) 
amends Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil 
and on the relevant methods of analysis. 
Commission Delegated Regulation (EU) 2018/109696 adopted on the basis of Article 75(2) 
amends  Implementing  Regulation  (EU)  No  29/2012  as  regards  the  requirements  for  certain 
indications on the labelling of olive oil. 

91   Commission Delegated Regulation (EU) 2017/1961 of 2 August 2017 amending Regulation (EC) No 606/2009 

as regards certain oenological practices, OJ L 279, 28.10.2017, p. 25 

92   Commission  Delegated  Regulation  (EU)  2019/934  of  12  March  2019  supplementing  Regulation  (EU)  No 
1308/2013  of  the  European  Parliament  and  of  the  Council  as  regards  wine-growing  areas  where  the  alcoholic 
strength  may  be  increased,  authorised  oenological  practices  and  restrictions  applicable  to  the  production  and 
conservation of grapevine products, the minimum percentage of alcohol for by-products and their disposal, and 
publication of OIV files, OJ L 149, 7.6.2019, p. 1 

93   Commission Delegated Regulation (EU) 2015/1830 of 8 July 2015 amending Regulation (EEC) No 2568/91 on 
the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis, OJ L 266, OJ L 266, 
13.10.2015, p. 9 

94   Commission Delegated Regulation (EU) 2016/1226 of 4 May 2016 amending Annex IX to Regulation (EU) No 
1308/2013 of the European Parliament and of the Council as regards the optional reserved terms for olive oil, OJ 
L 202, 28.7.2016, p. 5 

95   Commission  Delegated  Regulation  (EU)  2016/2095  of  26  September  2016  amending  Regulation  (EEC)  No 
2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis, OJ L 
326, 1.12.2016, p. 1 

96   Commission Delegated Regulation (EU) 2018/1096 of 22 May 2018 amending Implementing Regulation (EU) 
No 29/2012 as regards the requirements for certain indications on the labelling of olive oil, OJ L 197, 3.8.2018, 
p. 3 

34 

 
 
                                                           
As regards marketing standards for bananas: 

Commission Delegated Regulation (EU) 2017/122997 adopted on the basis of Article 75(2) 
corrects  certain  language  versions  of  Implementing  Regulation  (EU)  No  1333/2011  laying 
down  marketing  standards  for  bananas,  rules  on  the  verification  of  compliance  with  those 
marketing standards and requirements for notifications in the banana sector. 

As regards  marketing standards for eggs: 

Commission Delegated Regulation (EU) 2017/216898 adopted on the basis of Article 75(2) 
amends  Regulation  (EC)  No  589/2008  as  regards  marketing  standards  for  free  range  eggs 
where hens' access to open air runs is restricted. 

As regards marketing standards for fruit and vegetables: 

Commission Delegated Regulation (EU) 2019/42899  adopted on the basis of Article 75(2) 
amends  Implementing  Regulation  (EU)  No  543/2011  as  regards  marketing  standards  in  the 
fruit and vegetables sector. 

As regards the designations of origin and geographical indications and traditional terms in 
the wine sector: 

Commission  Delegated  Regulation  (EU)  2017/1353100  adopted  on  the  basis  of  Article 
100(3) amended Regulation (EC) No 607/2009 as regards the wine grape varieties and their 
synonyms that may appear on wine labels. 
Commission  Delegated  Regulation  (EU)  2019/33101  adopted  on  the  basis  of  Article  109, 
Article  114  and  Article  122  supplements  Regulation  (EU)  No  1308/2013  as  regards 
applications for protection of designations of origin, geographical indications and traditional 
terms in the wine sector, the objection procedure, restrictions of use, amendments to product 
specifications,  cancellation  of  protection,  and  labelling  and  presentation.  It  also  repeals 
Regulation (EC) No 607/2009. 

97   Commission  Delegated  Regulation  (EU)  2017/1229  of  3  May  2017  correcting  certain  language  versions  of 
Implementing  Regulation  (EU)  No  1333/2011  laying  down  marketing  standards  for  bananas,  rules  on  the 
verification  of  compliance  with  those  marketing  standards  and  requirements  for  notifications  in  the  banana 
sector, OJ L 177, 8.7.2017, p. 6 

98   Commission  Delegated  Regulation  (EU)  2017/2168  of  20  September  2017  amending  Regulation  (EC)  No 
589/2008 as regards marketing standards for free range eggs where hens' access to open air runs is restricted, OJ 
L 306, 22.11.2017, p. 6 

99   Commission Delegated Regulation (EU) 2019/428 of 12 July 2018 amending Implementing Regulation (EU) No 

543/2011 as regards marketing standards in the fruit and vegetables sector, OJ L 75, 19.3.2019, p. 1 

100   Commission Delegated Regulation (EU) 2017/1353 of 19 May 2017 amending Regulation (EC) No 607/2009 as 
regards the wine grape varieties and their synonyms that may appear on wine labels, OJ L 190, 21.7.2017, p. 5 
101   Commission  Delegated  Regulation  (EU)  2019/33  of  17  October  2018  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council as regards applications for protection of designations 
of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions 
of use, amendments to product specifications, cancellation of protection, and labelling and presentation, OJ L 9, 
11.1.2019, p. 2 

35 

 
 
 
 
 
                                                           
As regards the sugar sector: 

Commission  Delegated  Regulation  (EU)  2016/1166102  adopted  on  the  basis  of  Article 
125(4)(b)  amends  Annex  X  to  Regulation  (EU)  No  1308/2013  of  the  European  Parliament 
and of the Council as regards purchase terms for beet in the sugar sector as from 1 October 
2017. 

As regards producer organisations: 

Commission  Delegated  Regulation  (EU)  2016/232103  adopted  on  the  basis  of  Articles 
173(1) and 223(2) supplements Regulation (EU) No 1308/2013 with regard to certain aspects 
of producer cooperation. 

As regards trade with third countries: 

Commission  Delegated  Regulation  (EU)  2015/1538104  adopted  on  the  basis  of  Article 
177(1)(b), Article 177(2)(a), (b) and (e), and Article 192(4) supplements Regulation (EU) No 
1308/2013 with regard to import licence applications, release for free circulation and proof of 
refining of sugar products of CN code 1701 under preferential agreements, for the marketing 
years 2015/16 and 2016/17 and amends Commission Regulations (EC) No 376/2008 and (EC) 
No 891/2009. 
Commission Delegated Regulation (EU) 2016/1237105 adopted on the basis of Article 177 
supplements Regulation (EU) No 1308/2013 with regard to the rules for applying the system 
of import and export licences. 
Commission  Delegated  Regulation  (EU)  2018/94106  adopted  on  the  basis  of  Article  185 
fixes  a  flat-rate  reduction  for  the  import  duty  for  sorghum  in  Spain  imported  from  third 
countries. This delegated acts expired on 28 February 2018. 

As regards communication requirements: 

Commission  Delegated  Regulation  (EU)  2017/1183107  adopted  on  the  basis  of  Article 
223(2) supplements (EU) No 1308/2013 (and Regulations (EU) No 1307/2013) with regard to 
the notifications to the Commission of information and documents (see also point 3.3 D)). 

102  Commission Delegated Regulation (EU) 2016/1166 of 17 May 2016 amending Annex X to Regulation (EU) No 
1308/2013 of the European Parliament and of the Council as regards purchase terms for beet in the sugar sector 
as from 1 October 2017, OJ L 193, 19.7.2016, p. 17 

103   Commission  Delegated  Regulation  (EU)  2016/232  of  15  December  2015  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council with regard to certain aspects of producer cooperation, 
OJ L 44, 19.2.2016, p. 1 

104   Commission  Delegated  Regulation  (EU)  2015/1538  of  23  June  2015  supplementing  Regulation  (EU)  No 
1308/2013 of the European Parliament and of the Council with regard to import licence applications, release for 
free circulation and proof of refining of sugar products of CN code 1701 under preferential agreements, for the 
marketing years 2015/16 and 2016/17 and amending Commission Regulations (EC) No 376/2008 and (EC) No 
891/2009, OJ L 242, 18.9.2015, p. 1 

105   For reference see footnote 37. 
106   Commission  Delegated  Regulation  (EU)  2018/94  of  16  November  2017  fixing  a  flat-rate  reduction  for  the 

import duty for sorghum in Spain imported from third countries, OJ L 17, 23.1.2018, p. 7 

107   For reference see footnote 65. 

36 

 
 
                                                           
Commission  Delegated  Regulation  (EU)  2017/1965108  adopted  on  the  basis  of  Article 
223(2)(a)  amends  Delegated  Regulation  (EU)  2016/1237  as  regards  the  nature  and  type  of 
information to be notified for licences in the rice sector  

B) Temporary exceptional support measures 

Twenty-two delegated acts have been adopted to take temporary exceptional support measures 
to address or prevent market disturbances on the basis of Article 219 (1)109: 

1)  Commission  Delegated  Regulation  (EU)  No  913/2014110  laying  down  temporary 

exceptional support measures for producers of peaches and nectarines. 

2)  Commission  Delegated  Regulation  (EU)  No  932/2014111  laying  down  temporary 
exceptional support measures for producers of certain fruit and vegetables and amending 
Delegated Regulation (EU) No 913/2014. 

3)  Commission  Delegated  Regulation  (EU)  No  950/2014112  opening  a  temporary 
exceptional  private  storage  aid  scheme  for  certain  cheeses  and  fixing  in  advance  the 
amount of aid. 
This  delegated  act  has been repealed by  Commission Delegated Regulation  (EU) No 
992/2014113,  since  the  aid  scheme  did  not  seem  adequate  to  react  effectively  and 
efficiently against the market disturbances that resulted from the ban on imports of dairy 
product from the Union to Russia. 

4)  Commission  Delegated  Regulation  (EU)  No  949/2014114  laying  down  temporary 
exceptional measures for the milk and milk product sector in the form of extending the 
public intervention period for butter and skimmed milk powder in 2014. 

5)  Commission  Delegated  Regulation  (EU)  No  1031/2014115  laying  down  further 
temporary exceptional support measures for producers of certain fruit and vegetables. 

108   Commission  Delegated  Regulation  (EU)  2017/1965  of  17  August  2017  amending  Delegated  Regulation  (EU) 
2016/1237 as regards the nature and type of information to be notified for licences in the rice sector, OJ L 279, 
28.10.2017, p. 36 

109   Except  Commission  Delegated  Regulation  (EU)  2017/1165,  all  temporary  exception  measures  have  been 

adopted on the basis of Article 219 (1) in conjunction with Article 228 (urgency procedure). 

110   Commission Delegated  Regulation (EU) No 913/2014 of 21 August 2014 laying down temporary exceptional 

support measures for producers of peaches and nectarines, OJ L 248, 22.8.2014, p. 1 

111   Commission Delegated  Regulation (EU) No 932/2014 of 29  August 2014 laying down temporary exceptional 
support  measures  for  producers  of  certain  fruit  and  vegetables  and  amending  Delegated  Regulation  (EU)  No 
913/2014, OJ L 259, 30.8.2014, p. 2 

112   Commission  Delegated  Regulation  (EU)  No  950/2014  of  4  September  2014  opening  a  temporary  exceptional 
private storage aid scheme for certain cheeses and fixing in advance the amount of aid, OJ L 265, 5.9.2014, p. 22 

113   Commission  Delegated  Regulation  (EU)  No  992/2014  of  22  September  2014  repealing  Delegated  Regulation 

(EU) No 950/2014, OJ L 279, 23.9.2014, p. 17 

114   Commission Delegated Regulation (EU) No 949/2014 of 4 September 2014 laying down temporary exceptional 
measures for the milk and milk product sector in the form of extending the public intervention period for butter 
and skimmed milk powder in 2014, OJ L 265, 5.9.2014, p. 21 

37 

 
 
 
                                                           
6)  Commission  Delegated  Regulation  (EU)  No  1263/2014116  providing  for  temporary 

exceptional aid to milk producers in Estonia, Latvia and Lithuania. 

7)  Commission  Delegated  Regulation  (EU)  No  1336/2014117  laying  down  temporary 
exceptional measures for the milk and milk product sector in the form of advancing the 
public intervention period for butter and skimmed milk powder in 2015. 

8)  Commission  Delegated  Regulation  (EU)  No  1370/2014118  providing  for  temporary 

exceptional aid to milk producers in Finland. 

9)  Commission Delegated Regulation (EU) 2015/1369119 amending Delegated Regulation 
(EU)  No  1031/2014  laying  down  further  temporary  exceptional  support  measures  for 
producers of certain fruit and vegetables. 

10)  Commission  Delegated  Regulation  (EU)  2015/1549120  laying  down  temporary 
exceptional measures for the milk and milk product sector in the form of extending the 
public intervention period for butter and skimmed milk powder in 2015 and advancing 
the public intervention period for butter and skimmed milk powder in 2016. 
11)  Commission  Delegated  Regulation  (EU)  2015/1852121  opening  a 

temporary 
exceptional  private  storage  aid  scheme  for  certain  cheeses  and  fixing  in  advance  the 
amount of aid. 

12)  Commission  Delegated  Regulation  (EU)  2015/1853122  providing  for  temporary 

exceptional aid to farmers in the livestock sectors. 

13)  Commission  Delegated  Regulation  (EU)  2016/558123  authorising  agreements  and 
decisions of cooperatives and other forms of producer organisations in the milk and milk 
products sector on the planning of production. 

115   Commission Delegated  Regulation (EU) No 1031/2014 of 29 September 2014 laying down  further  temporary 

exceptional support measures for producers of certain fruit and vegetables, OJ L 284, 30.9.2014, p. 22 

116   Commission  Delegated  Regulation  (EU)  No  1263/2014  of  26  November  2014  providing  for  temporary 

exceptional aid to milk producers in Estonia, Latvia and Lithuania, OJ L 341, 27.11.2014, p. 3 

117   Commission  Delegated  Regulation  (EU)  No  1336/2014  of  16  December  2014  laying  down  temporary 
exceptional  measures  for  the  milk  and  milk  product  sector  in  the  form  of  advancing  the  public  intervention 
period for butter and skimmed milk powder in 2015, OJ L 360, 17.12.2014, p. 13 

118   Commission  Delegated  Regulation  (EU)  No  1370/2014  of  19  December  2014  providing  for  temporary 

exceptional aid to milk producers in Finland, OJ L 366, 20.12.2014, p. 18 

119   Commission Delegated Regulation (EU) 2015/1369 of 7 August 2015 amending Delegated Regulation (EU) No 
1031/2014  laying  down  further  temporary  exceptional  support  measures  for  producers  of  certain  fruit  and 
vegetables, OJ L 211, 8.8.2015, p. 17 

120   Commission Delegated Regulation (EU) 2015/1549 of 17 September 2015 laying down temporary exceptional 
measures for the milk and milk product sector in the form of extending the public intervention period for butter 
and skimmed milk powder in 2015 and advancing the public intervention period for butter and skimmed milk 
powder in 2016, OJ L 242, 18.9.2015, p. 28 

121   Commission Delegated Regulation (EU) 2015/1852 of 15 October 2015 opening a temporary exceptional private 
storage aid scheme for certain cheeses and fixing in advance the amount of aid, OJ L 271, 16.10.2015, p. 15 

122   Commission Delegated Regulation (EU) 2015/1853 of 15 October 2015 providing for temporary exceptional aid 

to farmers in the livestock sectors, OJ L 271, 16.10.2015, p. 25 

38 

 
 
                                                                                                                                                                                            
14)  Commission  Delegated  Regulation  (EU)  2016/921124  laying  down  further  temporary 

exceptional support measures for producers of certain fruit and vegetables. 
This  delegated  act  has  been  amended  by  Commission  Delegated  Regulation  (EU) 
2017/376125  to  reallocate  unused  quantities  notified  pursuant  to  Article  2(4)  of  that 
Regulation. 

15)  Commission  Delegated  Regulation  (EU)  2016/1614126  laying  down  temporary 
exceptional measures for the milk and milk products sector in the form of extending the 
public intervention period for skimmed milk powder in 2016 and advancing the public 
intervention  period  for  skimmed  milk  powder  in  2017  and  derogating  from  Delegated 
Regulation (EU) 2016/1238 as regards the continued application of Regulation (EC) No 
826/2008  with  respect  to  aid  for  private  storage  under  Implementing  Regulation  (EU) 
No 948/2014 and of Regulation (EU) No 1272/2009 with respect to public intervention 
under this Regulation. 

16)  Commission  Delegated  Regulation  (EU)  2016/1612127  providing  aid  for  milk 

production reduction (see also point 2.3 B)). 

17)  Commission  Delegated  Regulation  (EU)  2016/1613128  providing  for  exceptional 
adjustment aid  to milk producers and farmers in  other livestock sectors (see also  point 
2.3 B)). 

18)  Commission Delegated Regulation (EU) 2017/286129 amending Delegated Regulation 
(EU) 2016/1613 as regards livestock farmers in earthquake-stricken regions of Italy. 
19)  Commission  Delegated  Regulation  (EU)  2017/1165130  laying  down  temporary 

exceptional support measures for producers of certain fruits.  

123   Commission  Delegated  Regulation  (EU)  2016/558  of  11  April  2016  authorising  agreements  and  decisions  of 
cooperatives and other forms of producer organisations in the milk and milk products sector on the planning of 
production, OJ L 96, 12.4.2016, p. 18 

124   Commission Delegated Regulation (EU) 2016/921 of 10 June 2016 laying down further temporary exceptional 

support measures for producers of certain fruit and vegetables, OJ L 154, 11.6.2016, p. 3 

125   Commission  Delegated  Regulation  (EU)  2017/376  of  3  March  2017  amending  Delegated  Regulation  (EU) 
2016/921 as regards reallocation of unused quantities notified pursuant to Article 2(4) of that Regulation, OJ L 
58, 4.3.2017, p. 8 

126   Commission  Delegated  Regulation  (EU)  2016/1614  of  8  September  2016  laying  down  temporary  exceptional 
measures  for  the  milk  and  milk  products  sector  in  the  form  of  extending  the  public  intervention  period  for 
skimmed milk powder in 2016 and advancing the public intervention period for skimmed milk powder in 2017 
and derogating from Delegated Regulation (EU) 2016/1238 as regards the continued application of Regulation 
(EC) No 826/2008 with respect to aid for private storage under Implementing Regulation (EU) No 948/2014 and 
of Regulation (EU) No 1272/2009 with respect to public intervention under this Regulation, OJ L 242, 9.9.2016, 
p. 15 

127   For reference see footnote 39. 
128   For reference see footnote 40. 
129   Commission Delegated Regulation (EU) 2017/286 of 17 February 2017 amending Delegated Regulation (EU) 

2016/1613 as regards livestock farmers in earthquake-stricken regions of Italy, OJ L 42, 18.2.2017, p. 7 

130   Commission  Delegated  Regulation  (EU)  2017/1165  of  20  April  2017  laying  down  temporary  exceptional 

support measures for producers of certain fruits, OJ L 170, 1.7.2017, p. 31 

39 

 
 
                                                                                                                                                                                            
20)  Commission Delegated Regulation (EU) 2017/1533131 amending Delegated Regulation 
(EU) 2017/1165 as regards the temporary exceptional support measures for producers of 
peaches and nectarines in Greece, Spain and Italy. 

In  line  with  the  common  understanding  on  delegated  acts132,  Member  States’  experts  were 
consulted in the Expert Group for Agricultural Markets, in particular concerning aspects falling 
under the single CMO Regulation on all these Regulations. The Regulations were notified to the 
European  Parliament  and  the  Council  stating  the  reasons  for  the  use  of  the  urgency  procedure, 
when  this  procedure  was  used133.  Neither  the  European  Parliament  nor  the  Council  issued  any 
objection to any of these Delegated Regulations. 

On 20 February 2015, the Commission adopted a Delegated Regulation amending Regulation 
(EC) No 376/2008 as regards the obligation to present a licence for imports of ethyl alcohol 
of  agricultural  origin  and  repealing  Regulation  (EC)  No  2336/2003  introducing  certain 
detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures 
concerning the market in ethyl alcohol of agricultural origin. 

The  Delegated  Act  removed  the  obligation  to  present  an  import  licence  for  the  import  of  ethyl 
alcohol of agricultural origin into the EU, including the lodging of a security. It also removed the 
obligation  for  the  EU  to  establish  and  publish  an  EU  balance  sheet  for  ethyl  alcohol  of 
agricultural  origin  and  the  quarterly  obligation  for  Member  States  to  provide  information  on 
production, disposal and stocks.  

On 20 May 2015, the European Parliament objected to the delegated act. In consequence, it has 
not entered into force. 

The Commission has not adopted any delegated act pursuant to Article 3 (4), 4, 18, 59, 75 (6), 76 
(4), 77 (5), 78, 79, 83, 87, 88, 132, 140, 143, 166, 186, 190 and 202. 

Article 3 (4) concerns the definitions concerning the rice sector. The Commission did not identify 
until now any need to amend the definitions laid down.  

Article  4  concerns  the  adjustments  to  the  Common  Customs  Tariff  nomenclature  used  for 
agricultural  products.  So  far  the  amendments  Common  Customs  Tariff  nomenclature  did  not 
require any amendment of Regulation (EU) No 1308/2013. 

Article 18 concerns the conditions for granting private storage aid for products listed in Article 
17. With regard to dairy products and other eligible animal products, the Commission considered 
that it is preferable not to set in advance the conditions under which the Commission may decide 
to grant private storage aid. This may create expectations for operators in the relevant sector and 
therefore  condition  their  business  decisions.  The  Commission  has  proved  to  be  effective  when 

131   Commission Delegated Regulation (EU) 2017/1533 of 8 September 2017 amending Delegated Regulation (EU) 
2017/1165  as  regards  the  temporary  exceptional  support  measures  for  producers  of  peaches  and  nectarines  in 
Greece, Spain and Italy, OJ L 233, 9.9.2017, p. 1 

132   See footnote 13. 

133   See footnote 109. 

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making use of Private Storage Aid, and the decision to recur to this instrument has always been 
based on a sound market  analysis. Generally, the three elements set  by the basic act  (reference 
thresholds,  cost  and  need  to  provide  swift  answer)  have  been  sufficient  until  now  in  order  to 
launch private storage when the situation so required. 

Article 59 concerns aid in the hop sector. The Commission did not identify until now any need to 
regulate further the hops sector. 

Article 75 (6) concerns marketing standards for other sectors than those laid down in Article 75 
(1). The Commission did not identify any specific need for extending the list contained in Article 
75(1) so far. The Commission is currently evaluating the role of marketing standards in general. 

Article 76 concerns specific derogations for the marketing of products in the fruit and vegetable 
sector. The Commission did not identify until now any need to lay down such derogations. 

Article 77 (5) concerns derogations to the obligation for certification for hops. The Commission 
did not identify until now any need to lay down such derogations. 

Article 78 (2) and (4) concerns modifications, derogations or exemptions to  the definitions and 
sales  descriptions  provided  for  in  Annex  VII  and  their  specification  and  application.  The 
Commission  did  not  identify  until  now  any  need  to  amend  or  supplement  Annex  VII  based  on 
evolving  consumer  demand,  technical  progress  or  the  need  for  product  innovation.  Moreover, 
there  are  no  reports  from  Member  States  having  difficulties  in  properly  understanding  the 
definitions and sales descriptions provided for in Annex VII. 

Article 78 (5) concerns rules on the indication of the animal species from which the milk in milk 
products originates. Annex VII currently requires that, as regards milk, the animal species from 
which  the  milk  originates  shall  be  stated,  if  it  is  not  bovine.  The  Commission  did  not  identify 
until now any the need for to extend such rules to other milk products. 

Article  79  concerns  tolerance  related  to  marketing  standards.  In  the  case  of  olive  oil,  fruit  and 
vegetables and wine, the limits are embedded in the standard, which therefore already integrate 
the  notion  of  uncertainty  of  the  methods  of  analysis  in  the  level  set  as  limit  for  the  various 
parameters.  Therefore  the  use  of  tolerance  in  the  methods  to  express  results  is  not  required. 
Generally,  tolerance  rules  have  not  proved  necessary  for  the  sectors,  as  there  is  no  “undue 
hardship” even in the absence of such tolerance rules. 

Article  83  concerns  national  rules  for  certain  products  and  sectors.  The  Commission  did  not 
identify the need to set out further rules in this regard. 

Article  87  and  88  concerns  rules  for  additional  optional  reserved  terms.  Currently  there  are  no 
optional  reserved  terms  for  dairy  products,  but  several  specific  optional  reserved  terms  defined 
with  respect  to  poultry  meat  and  eggs,  as  provided  for  in  Article  85.  The  Commission  did  not 
identify  the  need  for  reserving  any  additional  optional  reserved  term,  based  on  expectations  of 
consumers,  developments  in  scientific  and  technical  knowledge,  the  situation  in  the  market  or 
developments in marketing standards and in international standards.    

Article 132 concerns the purchase terms and delivery contracts in in the sugar sector. Annex XI 
referred only to  the transitional period until  the end of the 2016/2017  marketing  year.  Between 
2013 and 2017 it has not been necessary to amend it. 

41 

 
 
Article  140  concerns  the  use  of  industrial  sugar,  industrial  isoglucose  or  industrial  syrup. 
Between 2013 and 2017 it was not necessary to amend the conditions of use of industrial sugar.  

Article 143 concerns measures in the sugar sector. Until the end of the 2016/2017 marketing year 
it was not necessary to amend such rules. 

Article 166 concerns measures to facilitate the adjustment of supply to market requirements. No 
requests for such rules have been made by stakeholders. 

Article  186  concerns  rules  for  tariff  quota  for  the  import  of  agricultural  products.  This 
empowerment  has  not  yet  been  used,  but  the  Commission  services  are  working  on  a  draft 
delegated  regulation  on  a  new  administration  system  of  agricultural  tariff  quota  manages  by 
licences.  

Article 190 concerns derogations to the obligations related to the attestation and labelling of hop 
products. The Commission did not identify until now any need for such rules. 

Article 202 concerns export refunds. In the context of the Nairobi WTO Ministerial Conference 
in 2015, the EU agreed to abolish farming export subsidies and hence, the empowerment has not 
been used.  

4.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  With  the  exception  of  the 
empowerment  of  Article  202,  it  cannot  be  excluded  that  the  empowerments  will  be  needed  in 
future. 

The  Commission  has  decided  to  submit  this  Report  some  months  before  the  ultimate  legal 
deadline  mentioned  in  points  1.2,  2.2.,  3.2.  and  3.4.  of  this  Report,  because  this  will  allow  the 
European Parliament and the Council to have an overall picture of the use of the empowerments 
for delegated acts in the four main Regulations of the Common Agricultural Policy, when the co-
legislators are discussing the proposals of the Commission for the Common Agricultural Policy 
post 2020134. 

The Commission invites the European Parliament and the Council to take note of this Report. 

134   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,  COM/2018/392 final  -  2018/0216 (COD);  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/2018/393  final  -  2018/0217  (COD); 
Proposal  for  a  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE  COUNCIL  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, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union 
and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands, 
COM/2018/394 final/2 

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