3.7.2023
EN
Official Journal of the European Union
L 168/23
(8)
This situation constitutes a specific problem within the meaning of Article 221 of Regulation (EU) No 1308/2013.
This specific problem in a limited number of regions in some Member States cannot be addressed by measures taken pursuant to Article 219 or 220 of that Regulation since it is not specifically linked to an existing market disturbance or a precise threat thereof nor linked to measures for combating the spread of diseases of animals or a loss of consumer confidence due to public, animal or plant health risks.
Furthermore, in order to avoid a rapid further deterioration of the economic viability of farmers in some regions of Bulgaria, Hungary, Poland, Romania and Slovakia, the situation requires an urgent intervention.
(9)
It is therefore appropriate to set up an emergency support measure and provide Bulgaria, Hungary, Poland, Romania and Slovakia with a financial grant to support farmers affected by the increased imports of cereals and oilseeds from Ukraine for a period strictly necessary.
(10)
The amount available to Bulgaria, Hungary, Poland, Romania and Slovakia should be set out, taking into account in particular their respective weight in the Union’s agricultural sector, on the basis of the net ceilings for direct payments set out in Annex III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council (4) and the relative growth in trade for cereals and oilseeds into those countries.
(11)
Bulgaria, Hungary, Poland, Romania and Slovakia should distribute the aid through the most effective channels on the basis of objective and non-discriminatory criteria that take account of the extent of the difficulties and economic damages faced by farmers growing cereals and oilseeds in the affected areas, while ensuring these farmers are the ultimate beneficiaries of the aid and avoiding any market and competition distortion.
(12)
As the amount allocated to Bulgaria, Hungary, Poland, Romania and Slovakia would compensate only part of the actual loss suffered by farmers in the affected regions, those Member States should be allowed to grant additional national support to those producers, under the conditions and within the time limit set by this Regulation.
(13)
In order to give Bulgaria, Hungary, Poland, Romania and Slovakia the flexibility to distribute the aid as circumstances require coping with farmers difficulties, they should be allowed to cumulate it with other support financed by the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development, without overcompensating the farmers.
(14)
In order to avoid overcompensation, Bulgaria, Hungary, Poland, Romania and Slovakia should take into account the support granted under other national or Union support instruments or private schemes to respond to the impact of increased imports of cereals and oilseeds from Ukraine in the affected regions.
(15)
As the Union aid is fixed in euro, it is necessary, in order to ensure a uniform and simultaneous application, to fix a date for the conversion of the amount allocated to Member States not having adopted the euro as their national currencies, as it is the case for Bulgaria, Hungary, Poland and Romania.
Since this Regulation does not provide for a deadline for the submission of the applications for aid, it is appropriate to consider, for the purposes of Article 30(3) of Commission Delegated Regulation (EU) 2022/127 (5), the date of entry into force of this Regulation as the operative event for the exchange rate regarding the amounts set out in this Regulation.
(16)
For budgetary reasons, the Union should finance the expenditure incurred by Bulgaria, Hungary, Poland, Romania and Slovakia only where such expenditure is made by a certain eligibility date.
(4) 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).
(5) Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95).