CELEX: 52013PC0226
Language: en
Date: 2013-04-18
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and amending Regulation (EU) No […] [RD] as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No […][DP], (EU) No […][HZ] and (EU) No […][sCMO] as regards their application in the year 2014

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		52013PC0226
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and amending Regulation (EU) No […] [RD] as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No […][DP], (EU) No […][HZ] and (EU) No […][sCMO] as regards their application in the year 2014 /* COM/2013/0226 final - 2013/0117 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The European Commission is working intensively
to reach an agreement between EU institutions on the reform of the CAP which
will permit the reformed CAP to enter into force on 1st of January 2014.
With the pursued objective of reaching an
agreement between the Institutions on the MFF and a political agreement on the
Common Agricultural Policy (CAP) reform before the summer 2013, the legal bases
for the reformed CAP are foreseen to enter into force on 1st of January 2014.
However, transitional rules are needed to
define technical arrangements which will permit a smooth adaptation to the new
conditions, while at the same time ensuring continuity of the different forms
of support under the CAP.
As regards direct payments, sufficient time
must be available to allow Member States, and especially their paying agencies,
to be well prepared and to inform in details farmers on new rules enough in
advance. Therefore, the claims for 2014 will be treated under transitional
rules. 
As for the second pillar, the definition of
transitional rules between the two programming periods represents standard
practice. Transitional rules are generally needed to bridge the two consecutive
programming periods, as already experienced at the beginning of the current
programming period. However, for rural development, there is this time also a
need for some specific transitional arrangements, notably to deal with the
implications which the delay of the new direct payment regime has for certain
rural development measures especially as regards the baseline for
agri-environment and climate measures and the application of the
cross-compliance rules. Transitional arrangements are also needed to ensure
that MS can keep on undertaking new commitments for area and animal-related
measures in 2014 even if the resources for the current period have been
exhausted. These new commitments, as well as corresponding on-going commitments
shall be eligible from the new financial envelopes of the rural development
programmes of the next programming period. 
For the horizontal regulation, the need for
transitional measures is limited to the FAS, IACS and cross-compliance, due to
their link to the direct payments. 
In light of the above, specific
transitional rules need to be adopted by the Council and the European
Parliament before the end of the year, amending the current CAP basic acts
where necessary.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
In relation to the transitional rules,
there was no need for consultation of interested parties or an impact
assessment since these adjustments follow from the state of play of the
discussions between the Institutions regarding the MFF and the CAP reform.
3.           LEGAL ELEMENTS OF THE PROPOSAL
For direct payments, the transitional
measures first provide for the prolongation of the main elements of the
existing schemes – SPS, SAPS, coupled regimes, also those granted as specific
support under Article 68 – for claim year 2014. Secondly, they incorporate,
subject to agreement of the European Parliament the financial impacts of the European
Council conclusions of 8 February; including the start of the external
convergence process. The introduction of transitional measures implies that
certain of the dates included in the Commission proposal for direct support
after 2013 will have to be adapted accordingly in order to ensure consistency
with this draft Regulation. 
For rural development, transitional rules
will have to be established to define how the current measures would be carried
over to the next programming period, including their financing from the new
financial envelope. In addition, these rules define which baseline and
cross-compliance rules should apply in 2014. Finally, these rules establish
transitional provisions for Croatia. 
The transitional measures also include
provisions regarding the possibility for Member States to transfer funds
between pillars. Such flexibility mechanism is an element of the CAP reform to
be decided by ordinary legislative procedure. Both the European Parliament on
13 March 2013 and the Agriculture Council on 19 March 2013 took position on
this issue. Whilst the Council took over the European Council conclusions on
the MFF, the EP increased the percentages proposed by the Commission to 15% for
transfer to the second pillar and 10% for transfers to the first pillar, the
latter being allowed only to those MS with an average payment below 90% of the
EU average. To indicate that the present proposal is without prejudice to the
final decision that will be taken by the legislator on this specific element,
the parts of the Article included in the transitional measures that differ from
Article 14 of the Commission proposal for direct support after 2013 have been
put within square brackets.  
4.           BUDGETARY IMPLICATION 
This draft Regulation only implements the
Commission proposals on the MFF and the CAP reform for financial year 2015
taking into account the European Council conclusions of 8 February 2013. It
incorporates the external convergence of the direct payments, the flexibility
between the CAP pillars and the co-financing rate for rural development. The
new elements arising from the European Council conclusions are put within
square brackets pending the final agreement on the MFF. 
For direct payments, the European Council
conclusions of 8 February 2013 correspond, compared to the Commission proposal,
to a reduction of EUR 830 million (in current prices) in financial year 2015 (corresponding
to claim year 2014 for direct payments). The distribution of direct payments
ceilings among Member States takes account of the external convergence as it
should start from financial year 2015. Compared to the Commission proposal, the
European Council conclusions modify the timeframe of the convergence (6 years)
and add a minimum of 196 EUR/ha to be reached by financial year 2020. 
Compared to the Commission proposal, the
flexibility between pillars is increased according to the European Council
conclusions. It will be budgetary neutral as exactly the same amounts reduced
from one Fund (EAGF or EAFRD) will be made available to the other Fund (EAGF or
EAFRD).
As regards rural development, this draft
Regulation aims to ensure the continuity of a number of measures involving
multiannual commitments. Those provisions have no financial impact as the rural
development allocation remains unchanged. However, the distribution over time
of the payments might be slightly different than otherwise but it cannot be
quantified at this stage.
Details on the financial impact of this
proposal are set out in the financial statement accompanying the proposals. 
2013/0117 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
laying down certain transitional
provisions on support for rural development by the European Agricultural Fund
for Rural Development (EAFRD) and amending Regulation (EU) No  [RD] as regards
resources and their distribution in respect of the year 2014 and amending
Council Regulation (EC) No 73/2009 and Regulations (EU) No [DP], (EU) No [HZ]
and (EU) No [sCMO] as regards their application in the year 2014
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43(2) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[1],
Having regard to the opinion of the
Committee of the Regions[2],

Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       Regulation (EU) No […]
[RD] of the European Parliament and of the Council of… on support for rural
development by the European Agricultural Fund for Rural Development (EAFRD)[3], which is to apply from 1
January 2014, lays down rules governing Union support for rural development and
repeals Council Regulation (EC) No 1698/2005 of 20 September 2005 on support
for rural development by the European Agricultural Fund for Rural Development
(EAFRD)[4],
without prejudice to the continued application of the Regulations implementing
that Regulation until they are repealed by the Commission. To facilitate the
transition from existing support schemes under Regulation (EC) No 1698/2005 to
the new legal framework which covers the programming period starting on 1
January 2014 ("the new programming period"), transitional rules
should be adopted to avoid any difficulties or delays in the implementation of
rural development support, which may result from the time of adoption of the
new rural development programs. For that reason it should be provided that
Member States may continue to undertake legal commitments under their existing
rural development programs in 2014 for certain measures and that the resulting
expenditure shall be eligible for support in the new programming period. 
(2)       In view of the substantial
change in the method for the delimitation of areas facing significant natural
constraints proposed for the forthcoming programming period, it should be
provided that for new legal commitments undertaken in 2014 the obligation for
the farmer to continue farming in the area for 5 years does not apply.
(3)       To ensure legal certainty
in the transition it should be provided that expenditure undertaken pursuant to
Regulation (EC) No 1698/2005 under area and animal related measures should be
eligible for an EAFRD contribution in the new programming period when there are
still payments to be made. In the interest of sound financial management and
effective programme implementation, such expenditure should be clearly
identified in the rural development programmes and throughout the management
and control systems of the Member States. In order to avoid unnecessary
complexity in the financial management of rural development programmes in the new
programming period, it should be provided that the co-financing rates of the new
programming period shall apply to transitional expenditure.
(4)       Regulation (EU)
No […] of the European Parliament and of Council of… establishing rules
for direct payments to farmers under support schemes within the framework of
the common agricultural policy [DP][5] sets up new support schemes and is to apply
from 1 January 2014. That date of application would not allow that the
administrative and practical arrangements needed for the lodging of applications
for 2014 are set up in time. For that reason, the application of the new direct
payments regime needs to be postponed by one year. 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 under the common agricultural policy and
establishing certain support schemes for farmers[6]
should therefore continue to form the basis on which to grant income support
for farmers in calendar year 2014, while taking due account of [Regulation
laying down the Multiannual Financial Framework][7].
(5)       Given that Regulation (EC)
No 73/2009 is to continue to apply in 2014 and in order to ensure consistency
in the implementation of the provisions on cross-compliance and the respect of
the standards required by certain measures, it should be provided that the
relevant provisions that apply in the 2007-2013 programming period continue to
apply until the new legislative framework becomes applicable. For the same
reasons, it should be provided that the provisions relating to complementary
national direct payments for Croatia that apply in 2013 continue to apply.
(6)       Pursuant to Article 76 of Regulation (EU) No […][HZ] of the European
Parliament and the Council[8]
 Member States will be able to pay advances for the direct payments. Under
Regulation (EC) No 73/2009 such possibility needs to be authorised by the
Commission. Experience in the implementation of direct support schemes
shows that it is appropriate to allow for farmers to receive
advance payments. As regard applications made in 2014, those advances should be
limited to up to 50% of the support schemes listed in Annex I to Regulation
(EC) No 73/2009 and to up to 80% of the beef and veal payment. 
(7)       In order to respect [Regulation laying down the Multiannual Financial
Framework], and in particular the levelling
of the amount available for granting direct support to farmers as well as the
external convergence mechanism, it is necessary to modify the national ceilings
fixed in Annex VIII to Regulation (EC) No 73/2009 for 2014. The modification of
the national ceilings will inevitably have an impact on the amounts that
individual farmers may receive as direct payments in 2014. The way in which
this modification will impact on the value of payment entitlements and the
level of other direct payments should therefore be laid down. 
(8)       Experience gained in the financial implementation of Regulation
(EC) No 73/2009 showed that there was a need for clarifying certain provisions,
in particular as regards the elements covered by the figures set out in Annex
VIII to that Regulation and the link with the possibility given to Members
States to use the funds unspent in the single payment scheme to finance the
specific support. As Article 40 of Regulation (EC) No 73/2009 has to be
modified in order to make clear how Member States will have to take into
account the variations in the national ceilings, it is appropriate to take this
as an opportunity to clarify the wording of the relevant provisions.
(9)       Under Regulation (EC) No 73/2009, Member States had the
possibility to decide to use a certain percentage of their national ceiling for
specific support for their farmers as well as to review a previous decision by
deciding to modify, or put an end to, such support. It is appropriate to
provide for an additional review of those decisions with effect from calendar year
2014. At the same time, the special conditions under which the specific support
is paid in some Member States pursuant Article 69(5) of Regulation (EC) No
73/2009, which are due to expire in 2013, need to be extended for one more
year, in order to avoid disruption in the degree of support. 
(10)     The single area payment scheme laid down in Regulation (EC) No
73/2009 has a transitional nature and was due to end on 31 December 2013. Since
the new basic payment scheme will replace the single payment scheme only as
from 1 January 2015, an extension of the single area payment scheme for the
year 2014 is necessary in order to prevent new Member States from having to
apply the single payment scheme for only one year.
(11)     With a view to allowing Member States to address the needs of their
agricultural sectors or to strengthen their rural development policy in a more
flexible way, they should be given the possibility to transfer funds from their
direct payments ceilings to their support assigned for rural development and
from the suport assigned for rural development to their direct payments
ceilings. At the same time, Member States where the level of direct support
remains lower than 90 % of the Union average level of support should be given
the possibility to transfer additional funds from their support assigned for
rural development to their direct payments ceilings. Such choices should be
made, within certain limits, once and for the whole period of financial years
2015-2020.
(12)     According to Article 22 of Directive 2000/60/EC of the
European Parliament and of the Council of 23 October 2000 establishing a
framework for Community action in the field of water policy[9], Council Directive 80/68/EEC of
17 December 1979 on the protection of groundwater against pollution caused by
certain dangerous substances[10] is repealed from 22
December 2013. In order to maintain the rules under cross compliance related to
protection of groundwater, it is appropriate to adjust the scope of
cross-compliance and to define a standard of good agricultural and
environmental condition encompassing the requirements of Articles 4 and 5 of
Directive 80/68/EEC. 
(13)     Regulation (EU) No […][sCMO]
of the European Parliament and of the Council[11]
provides for the integration of the support for silkworm rearing into the
direct support regime and therefore its removal from Regulation (EU) No […][sCMO].
In view of the delayed application of the new direct support regime, it is
appropriate to provide for the continuation of the aids in the silkworm sector for
one more year.
(14)     Moreover, the provisions on
the farm advisory system, the integrated administration and control system and
cross compliance laid down in Title III, Chapter II of Title V and Title VI,
respectively, of Regulation (EU) No […][HZ] of the European Parliament and of
the Council on the financing, management and monitoring of the common
agricultural policy[12]
should apply from 1 January 2015.
(15)     Following the insertion of
Article 136a into Regulation (EC) No 73/2009 and the replacement of Article 14
of Regulation (EU) No [DP], which applies from 1 January 2015, references to
Article 14 of Regulation (EU) No [DP] in Regulation (EU) No […] [RD] need to be
amended. 
(16)     Regulations (EC) No 73/2009, (EU) No […][DP], (EU) No […][HZ], (EU) No […][sCMO]
and (EU) No […] [RD] should therefore be amended
accordingly.
(17)     This
Regulation should apply from 1
January 2014. In order to avoid any overlap between the rules on flexibility
between pillars laid down in Regulation (EC) No 73/2009
and Regulation (EU) No [DP] as amended by this Regulation, it is appropriate to provide that that particular amendment to
Regulation (EC) No 73/2009 is to apply from the date of entry into force of this
Regulation and that the amendments of Regulation (EU) No [DP], including its deferred
application from 1 January 2015, are to apply from the date of entry into force
of Regulation (EU) No [DP]. Furthermore, the amendment
of Annexes II and III to Regulation (EC) No 73/2009 should apply from 22
December 2013, 
HAVE ADOPTED THIS REGULATION:
CHAPTER 1
Transitional provisions on support for
rural development
Article 1
Legal commitments under Regulation (EC) No 1698/2005 in 2014
1.           By way of derogation from Article
94 of Regulation (EU) No […] [RD], for the measures of Article 36(a)(i) to (v)
and (b)(iv) and (v) of Regulation (EC) No 1698/2005, Member States may continue
to undertake new legal commitments to beneficiaries in 2014 pursuant to the
rural development programmes adopted on the basis of Regulation (EC) No
1698/2005 even after the financial resources of the 2007-2013 programming
period have been used up, until the adoption of the respective rural
development programme for the 2014-2020 programming period. The expenditure
incurred on the basis of these commitments shall be eligible in accordance with
Article 3 of this Regulation. 
2.           The condition of the second
indent of Article 14(2) of Council Regulation (EC) No 1257/1999[13] shall not apply to new legal
commitments undertaken by Member States under Article 36(a)(i) and (ii) of
Regulation (EC) No 1698/2005 in 2014.
Article 2
Continued application of Articles 50a and 51 of Regulation (EC) No 1698/2005
By way of derogation from Article 94 of
Regulation (EU) No […] [RD], Articles 50a and 51 of Regulation (EC) No
1698/2005 shall continue to apply until 31 December 2014 in relation to
operations selected under the rural development programmes of the 2014-2020
programming period pursuant to Article 22(1)(a) and (b) of Regulation (EU) No
[…] [RD] as regards the annual premium and Articles 29 to 32 and 34 and 35 of
that Regulation.
Article 3
Eligibility of certain types of expenditure
1.           By way of derogation from Article
7(1) of Regulation (EU) No […] [RD], expenditure relating to legal commitments
to beneficiaries, undertaken under the measures of Article 36(a)(i) to (v) and
(b)(iv) and (v) of Regulation (EC) No 1698/2005 and of Article 36(b)(i) and (iii)
of that Regulation in relation to the annual premium, shall be eligible for an
EAFRD contribution in the 2014-2020 programming period in the following cases:
(a)     for payments to be made between 1
January 2014 and 31 December 2015, if the financial allocation for the measure
concerned of the respective programme adopted pursuant to Regulation (EC) No
1698/2005 has already been used up; and
(b)     for payments to be made after 31
December 2015.
2.           The expenditure referred to in
paragraph 1 shall be eligible for an EAFRD contribution in the 2014-2020
programming period subject to the following conditions:
(a)     such expenditure shall be provided for
in the respective rural development programme for the 2014-2020 programming
period;
(b)     the EAFRD contribution rate of the corresponding
measure under Regulation (EU) No […] [RD] as set out in Annex I to this
Regulation shall apply;
(c)     Member States shall ensure that the
relevant transitional operations are clearly identified through their
management and control systems.
Article 4
Application of certain provisions of Regulation (EC) No 73/2009 in 2014 
1.           For 2014, the reference to
Chapter I of Title VI of Regulation (EU) No [HZ] in Articles 29,
30, 31 and 34 of Regulation (EU) No […] [RD] shall be read as a reference to Articles 5 and 6 of Regulation (EC)
No 73/2009 and Annexes II and III thereto. 
2.           For 2014,
the reference in Article 40a(1) of Regulation (EU) No […] [RD] to Article 17a
of Regulation (EU) No [DP] shall be read as a reference to Article 132 of
Regulation (EC) No 73/2009. For the same year, the reference in Article
40a(2)(a) of Regulation (EU) No […] [RD] to Article 16a of Regulation (EU) No
[DP] shall be read as a reference to Article 121 of Regulation (EC) No 73/2009.
CHAPTER 2
Amendments
Article 5
Amendments to Regulation (EC) No 73/2009
1.           Regulation (EC) No 73/2009 is
amended as follows:
(1)     In Article 29, the following paragraph
is added:
"5.     By way of derogation from
paragraph 2, Member States may pay, from 16 October 2014, advances to farmers
of up to 50 % of the direct payments under the support schemes listed in Annex
I in respect of applications made in 2014. 
Regarding the beef and veal payments provided
for in Section 11 of Chapter 1 of Title IV, Member States may increase the
amount referred to in the first subparagraph to up to 80 %."
(2)     Article 40 is replaced by the
following:
"Article
40
National ceilings
1.       For each Member State and each year,
the total value of all allocated payment entitlements, of the national reserve
as referred to in Article 41 and of the ceilings fixed in accordance with
Articles 51(2) and 69(3) shall be equal to the respective national ceiling
determined in Annex VIII. 
2.       Where necessary, a Member State shall make a linear reduction/increase in the value of all payment entitlements and/or
the amount of the national reserve as referred to in Article 41 in order to
ensure compliance with the ceiling determined in Annex VIII.
3.       Without prejudice to Article 25 of
Regulation (EU) No [HZ] of the European Parliament and of the Council*, the
amounts of direct payments which may be granted in a Member State in respect of
calendar year 2014 under Articles 34, 52, 53 and 68 of this Regulation and for
the aid to silkworm rearers under Article 111 of Regulation (EC) No 1234/2007 shall
not be higher than the ceilings set out in Annex VIII to this Regulation for that
year. Where necessary, and in order to comply with the ceilings set out in
Annex VIII, Member States shall make a linear reduction in the amounts of
direct payments in respect of calendar year 2014.
*           OJ L …, …, p."
(3)     In Article 51(2), the following subparagraph
is added:
"For 2014, the ceilings for the direct payments referred to in Articles 52 and 53 shall be identical
to the ceilings determined for 2013, multiplied by a coefficient to be
calculated for each Member State concerned by dividing the national ceiling for
2014 set out in Annex VIII by the national ceiling for 2013. This
multiplication shall only apply to Member States where the national ceiling set
out in Annex VIII for 2014 is lower than the national ceiling for 2013." 
(4)     In Article 68(8), the introductory
phrase is replaced by the following:
"8.     By ...[14], the Member States that took the decision referred to in Article 69(1)
may review it and decide, with effect from 2014, to:"
(5)     Article 69 is amended as
follows:
(a)     Paragraph 1 is replaced by
the following:
"1.     Member States may
decide, by 1 August 2009, 1 August 2010, 1 August 2011, 1 September 2012 or by […[15]], to use, from the year following such decision, or in the case of a decision taken by [...],
from the year 2014, up to 10 % of their national ceiling referred to in
Article 40, or, in the case of Malta, the amount of EUR 2 000 000 for the
specific support provided for in Article 68(1).";
(b)     In paragraph 3, the second
subparagraph is replaced by the following:
"For the sole purposes of ensuring compliance with the national
ceilings as provided for in Article 40(2) and making the calculation referred
to in Article 41(1), the amounts used to grant the support referred to in point
(c) of Article 68(1) shall be deducted from the national ceiling referred to in
Article 40(1). They shall be counted as allocated payment entitlements. "
(c)     In the first sentence of paragraph
5,"2013" is replaced by "2014";
(d)     In paragraph 6, the second
subparagraph is replaced by the following:
"For the sole purposes of ensuring compliance with the national
ceilings provided for in Article 40(2) and making the calculation referred to
in Article 41(1), where a Member State makes use of the option provided for in
point (a) of the first subparagraph of this paragraph, the amount concerned
shall not be counted as part of the ceilings fixed under paragraph 3 of this
Article."
(6)     In Article 90, paragraph 3 is replaced
by the following:
"3.     The amount of the aid
per eligible hectare shall be established by multiplying the yields established
in paragraph 2 with the following reference amounts: 
Bulgaria: EUR [520,20] 
Greece: EUR [234,18] 
Spain: EUR [362,15]
Portugal: EUR [228,00]."
(7)     In Article 122, paragraph
3 is replaced by the following:
"3.     The single area payment scheme
shall be available until 31 December 2014."
(8)     In Article 131, paragraph 1
is replaced by the following:
"1.     The new Member States applying the single area payment scheme
may decide, by 1 August 2009, 1 August 2010, 1 August 2011, 1 September 2012 or
by […[16]], to use, from the year following that decision, or in the case of a decision taken by […[17]], from the year
2014, up to 10 % of their national ceilings referred to in Article
40 to grant support to farmers as set out in Article 68(1) and in accordance
with Chapter 5 of Title III, as applicable to them."
(9)     In Title VI, the following
Article 136a is inserted:
"Article
136a
Flexibility between pillars
"1.     Before ...[18], Member States may decide to
make available as additional support for measures under rural development
programming financed under the EAFRD as specified under Regulation (EU) No […]
[RD] of the European Parliament and of the Council*, up to [15] % of their
annual national ceilings for calendar years 2014 to 2019 as set out in Annex VIII
to this Regulation for year 2014 and in Annex II to Regulation (EU) No [DP] of
the European Parliament and of the Council**, for years 2015-2019. As a result,
the corresponding amount shall no longer be available for granting direct
payments.
The decision referred to in the first subparagraph
shall be notified to the Commission by the date referred to in that
subparagraph.
The percentage notified in accordance with the
second subparagraph shall be the same for the years referred to in the first
subparagraph.
2.       [Member States] not using the
possibility under paragraph 1, [may decide, before ...[19], to make available as direct
payments under this Regulation and Regulation (EU) No [DP] up to [15] % of the
amount allocated to support for measures under rural development programming
financed under the EAFRD in the period 2015-2020 as specified under Regulation
(EU) No […] [RD]]. Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to
make available as direct payments an [additional] [10%] of the amount allocated
under rural development. As a result, the corresponding amount shall no longer
be available for support measures under rural development programming.
The decision referred to in the first
subparagraph shall be notified to the Commission by the date referred to in
that subparagraph.
The percentage notified in accordance with the
second subparagraph shall be the same for the years referred to in the first
subparagraph of paragraph 1.
3.       In order to take account of the
decisions notified by Member States in accordance with paragraphs 1 and 2, the Commission shall be empowered to adopt
delegated acts in accordance with Article 141a reviewing
the ceilings set out in Annex VIII.
*           OJ L …, …, p.
**         OJ L …, …, p. "
(10)   Article 141a is replaced by the
following:
"Article 141a
Exercise of the delegation 
1.       The power to adopt delegated acts is
conferred on the Commission subject to the conditions laid down in this
Article. 
2.       The power to adopt delegated acts
referred to in Article 11a shall be conferred on the Commission for a period
from 1 September 2012 until 31 December 2014. The power to adopt delegated acts
referred to in Article 136a(3) shall be conferred on the Commission for a
period from […[20]]
until 31 December 2014.
3.       The delegation of power referred to
in Article 11a and Article 136a(3) may be revoked at any time by the European
Parliament or by the Council. A decision to revoke shall put an end to the
delegation of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official Journal of the
European Union or at a later date specified therein. It shall not affect
the validity of any delegated acts already in force. 
4.       As soon as it adopts a delegated act,
the Commission shall notify it simultaneously to the European Parliament and to
the Council. 
5.       A delegated act adopted pursuant to
Article 11a and Article 136a(3) shall enter into force only if no objection has
been expressed either by the European Parliament or the Council within a period
of two months of notification of that act to the European Parliament and the
Council or if, before the expiry of that period, the European Parliament and
the Council have both informed the Commission that they will not object. That
period shall be extended by two months at the initiative of the European Parliament
or of the Council."
(11)   Annexes II, III and VIII are amended in
accordance with Annex II to this Regulation.
Article 6
Amendments to Regulation (EU) No […][DP]
Regulation
(EU) No […] [DP] is amended as follows:
(1)          In Article 6, paragraph 2 is
replaced by the following:
"2.     In order to take account of the
developments relating to the total maximum amounts of direct payments that may
be granted, including those resulting from the decisions taken by the Member
States in accordance with Article 136a of Regulation (EC) No 73/2009 and
Article 14 of this Regulation and those resulting from the application of the
second paragraph of Article 17b of this Regulation, the Commission shall be
empowered to adopt delegated acts in accordance with Article 55 of this
Regulation for the purpose of reviewing the national ceilings set out in Annex
II to this Regulation."
(2)          Article 14 is replaced by the
following:
"Article
14
Flexibility between pillars
"1.     Before
...[21],
Member States may decide to make available as additional support for measures
under rural development programming financed under the EAFRD as specified under
Regulation (EU) No […] [RD], up to [15] % of their annual national ceilings for
calendar years 2014 to 2019 as set out in Annex VIII to Regulation (EC) No
73/2009 for year 2014 and in Annex II to this Regulation for years 2015-2019.
As a result, the corresponding amount shall no longer be available for granting
direct payments.
The decision referred to in the first
subparagraph shall be notified to the Commission by the date referred to in
that subparagraph.
The percentage notified in accordance with the
second subparagraph shall be the same for the years referred to in the first
subparagraph.
2.      [Member States] not using the
possibility under paragraph 1, [may decide, before ...[22], to make available as direct
payments under Regulation (EC) No 73/2009 and this Regulation up to [15] % of
the amount allocated to support for measures under rural development
programming financed under the EAFRD in the period 2015-2020 as specified under
Regulation (EU) No […] [RD]]. Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may
decide to make available as direct payments an [additional] [10%] of the amount
allocated under rural development. As a result, the corresponding amount shall
no longer be available for support measures under rural development programming.
The decision referred to in the first
subparagraph shall be notified to the Commission by the date referred to in
that subparagraph.
The percentage notified in accordance with the
second subparagraph shall be the same for the years referred to in the first
subparagraph of paragraph 1."
(3)          In Article 57(2), the following
subparagraph is inserted after the first subparagraph: 
"However, it shall continue to apply in
respect of aid applications relating to claim years starting before 1 January
2015."
(4)          In Article 59, the second and the
third paragraphs are replaced by the following:
"It shall apply from 1 January 2015.
However, Articles 20(5), 22(6), 35(1), 37(1)
and 39 shall apply from the date of entry into force of this Regulation."
Article 7
Amendment to Regulation (EU) No […][HZ]
Article 115 of Regulation (EU) No […][HZ]
is replaced by the following:
"Article
115
Entry into force and application
This Regulation shall enter into force on
the seventh day following that of its publication in the Oficial Journal of
the European Union.
It shall apply from 1 January 2014, except
as follows:
(a)                   
Articles 7, 8 and 9 shall apply from 16 October
2013;
(b)                   
Articles 18, 42, 43 and 45 shall apply from 16
October 2013 as regards expenditure incurred from 16 October 2013;
(c)                   
Title III, Chapter II of Title V and Title VI
shall apply from 1 January 2015. "
Article 8
Amendment to Regulation (EU) No […][sCMO]
In Article 163(1) of Regulation (EU) No
[…][sCMO], the following point is added: 
"(h)         Article 111 [Article 155 of
Regulation (EU) No COM(2010)799], until 31 March 2015."
Article 9
Amendment to Regulation (EU) No […] [RD]
In Article 64 of Regulation (EU) No […]
[RD], paragraphs 4 and 5 are replaced by the following:
"4.          The Commission shall, by
means of an implementing act, make an annual breakdown by Member State of the
amounts referred to in paragraph 1, after deduction of the amount referred to
in paragraph 2 and taking into account the transfers of funds referred
to in Article 136a(2) of Council Regulation (EC) No 73/2009*. 
In making the annual breakdown the Commission
shall take into account:
(a)     objective criteria linked to the
objectives referred to in Article 4; and
(b)     past performance.
5.           In addition to the amounts
referred to in paragraph 4, the implementing act referred to in that paragraph
shall also include the funds transferred to the EAFRD in application of Article
136a(1) of Regulation (EC) No 73/2009 and Article 7(2) of Regulation (EU) No [DP]
and the funds transferred to the EAFRD in application of Articles 10b and 136
of Regulation (EC) No 73/2009 in respect of calendar year 2013.
_______
* OJ L 30, 31.1.2009, p. 16."
CHAPTER 3
Final provisions
Article 10
Entry into force and application
This Regulation shall enter into force on
the seventh day following that of its publication in the Official Journal of
the European Union.
It shall apply from 1 January 2014.
However:
–                        
points (9) and (10) of Article 5 shall apply
from the date of entry into force of this Regulation;
–                        
point (11) of Article 5 of this Regulation as
regards Annexes II and III to Regulation (EC) No 73/2009 shall apply from 22
December 2013; and
–                        
Article 6 of this Regulation shall apply from
the date of entry into force of Regulation (EU) No […] [DP].
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels, 
For the European Parliament                       For
the Council
The President                                                 The
President
ANNEX I
Correspondence of Articles in animal and area related measures under the
2007-2013 and the 2014-2020 programming periods 
 Regulation (EC) No 1698/2005 || Regulation (EU) No […] [RD] 
 Article 36(a)(i) and (ii) Natural handicap payments to farmers in mountain areas and Payments to farmers in areas with handicaps other than mountain areas || Article 32 Payments to areas facing natural or other specific constraints 
 Article 36(a)(iii) Natura 2000 payments and payments linked to Directive 2000/60/EC || Article 31 Natura 2000 and Water framework directive payments 
 Article 36(a)(iv) Agri-environment payments || Article 29 Agri-environment-climate 
 Article 36(v) Animal welfare payments || Article 34 Animal welfare 
 Article 36(b)(i) and (iii) First afforestation of agricultural land and First afforestation of non-agricultural land || Article 22(1)(a) Afforestation and creation of woodland 
 Article 36(b)(iv) Natura 2000 payments || Article 31 Natura 2000 and Water framework directive payments 
 Article 36(b)(v) Forest-environment payments || Article 35 Forest-environmental and climate services and forest conservation 
ANNEX II
Annexes II, III and VIII to Regulation (EC)
No 73/2009 are amended as follows:
(1)          In Annex II, Point A. 'Environment' is replaced by the following:
 "1 || Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1) || Article 3(1), Article 3(2)(b), Article 4(1), (2) and (4) and Article 5(a), (b) and (d) 
 2 || Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6) || Article 3 
 3 || Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1) || Articles 4 and 5 
 4 || Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992, p. 7) || Article 6 and Article 13(1)(a)" 
(2)          Annex III is amended as follows:
(a)     The entry for "Protection and
management of water" is replaced by the following:
 "Protection and management of water: Protect water against pollution and run-off, and manage the use of water || - Establishment of buffer strips along water courses (1) ||   
 - Where use of water for irrigation is subject to authorisation, compliance with authorisation procedures ||   
 The measures laid down in the Appendix   ||   
(1)         Note:
The GAEC buffer strips must respect, both within and outside vulnerable zones
designated pursuant to Article 3(2) of Directive 91/676/EEC, at least the
requirements relating to the conditions for land application of fertiliser near
water courses, referred to in point A.4 of Annex II to Directive 91/676/EEC to
be applied in accordance with the action programmes of Member States
established under Article 5(4) of Directive 91/676/EEC."
(b)     The following Appendix is added:
"APPENDIX
A.      Measures relating to list I
Member States: 
–              
shall prohibit all direct discharge of substances
in list I, 
–              
shall subject to prior investigation any disposal
or tipping for the purpose of disposal of these substances which might lead to
indirect discharge. In the light of that investigation, Member States shall
prohibit such activity or shall grant authorisation provided that all the
technical precautions necessary to prevent such discharge are observed, 
–              
shall take all appropriate measures they deem
necessary to prevent any indirect discharge of substances in list I due to
activities on or in the ground other than those mentioned in the second indent.

However, should prior investigation reveal that
the groundwater into which the discharge of substances in list I is envisaged
is permanently unsuitable for other uses, especially domestic or agricultural,
the Member States may authorise the discharge of these substances provided that
their presence does not impede exploitation of ground resources. 
These authorisations may be granted only if all
technical precautions have been taken to ensure that these substances cannot
reach other aquatic systems or harm other ecosystems. 
Member States may, after prior investigation,
authorise discharges due to re-injection into the same aquifer of water used
for geothermal purposes, water pumped out of mines and quarries or water pumped
out for civil engineering works. 
B.      Measures relating to list II
Member States shall make subject to prior
investigation: 
–              
all direct discharge of substances in list II, so
as to limit such discharges, 
–              
the disposal or tipping for the purpose of disposal
of these substances which might lead to indirect discharge. 
In the light of that investigation, Member States
may grant an authorisation, provided that all the technical precautions for
preventing groundwater pollution by these substances are observed. 
Furthermore, Member States shall take the
appropriate measures they deem necessary to limit all indirect discharge of
substances in list II, due to activities on or in the ground other than those
mentioned in the first paragraph. 
LIST I OF FAMILIES AND GROUPS OF SUBSTANCES REFERRED
TO IN SECTION A
List I contains the individual substances which
belong to the families and groups of substances enumerated below, with the
exception of those which are considered inappropriate to list I on the basis of
a low risk of toxicity, persistance and bioaccumulation. 
Such substances which with regard to toxicity,
persistance and bioaccumulation are appropriate to list II are to be classed in
list II. 
1.       Organohalogen compounds and substances
which may form such compounds in the aquatic environment 
2.       Organophosphorus compounds 
3.       Organotin compounds 
4.       Substances which possess carcinogenic
mutagenic or teratogenic properties in or via the aquatic environment (*) 
5.       Mercury and its compounds 
6.       Cadmium and its compounds 
7.       Mineral oils and hydrocarbons 
8.       Cyanides. 
LIST II OF FAMILIES AND GROUPS OF SUBSTANCES REFERRED
TO IN SECTION B
List II contains the individual substances and the
categories of substances belonging to the families and groups of substances
listed below which could have a harmful effect on groundwater.
1.       The following metalloids and metals and
their compounds: 
1. Zinc 
2. Copper 
3. Nickel 
4. Chrome 
5. Lead 
6. Selenium 
7. Arsenic 
8. Antimony 
9. Molybdenum 
10. Titanium 
11. Tin 
12. Barium 
13. Beryllium 
14. Boron 
15. Uranium 
16. Vanadium 
17. Cobalt 
18. Thallium 
19. Tellurium 
20. Silver. 
2.       Biocides and their derivatives not
appearing in list I. 
3.       Substances which have a deleterious
effect on the taste and/or odour of groundwater, and compounds liable to cause
the formation of such substances in such water and to render it unfit for human
consumption. 
4.       Toxic or persistent organic compounds of
silicon, and substances which may cause the formation of such compounds in
water, excluding those which are biologically harmless or are rapidly converted
in water into harmless substances. 
5.       Inorganic compounds of phosphorus and
elemental phosphorus. 
6.       Fluorides. 
7.       Ammonia and nitrites
(*)     Where certain substances in list II are
carcinogenic, mutagenic or teratogenic, they are included in category 4 of this
list."

(3)          In Annex VIII, the column for the year 2014 is replaced by the
following:
"Table 1
(EUR 1000)
   Member State || 2014 
 Belgium || [544 047] 
 Denmark || [926 075] 
 Germany || [5 178 178] 
 Greece || [2 063 187] 
 Spain || [4 833 647] 
 France || [7 586 341] 
 Ireland || [1 216 547] 
 Italy || [3 953 394] 
 Luxembourg || [33 661] 
 Netherlands || [793 319] 
 Austria || [693 716] 
 Portugal || [557 667] 
 Finland || [523 247] 
 Sweden || [696 487] 
 United Kingdom || [3 548 576] 
Table 2(*)
(EUR 1000) 
 Bulgaria || [642 103] 
 Czech Republic || [875 305] 
 Estonia || [110 018] 
 Cyprus || [51 344] 
 Latvia || [168 886] 
 Lithuania || [393 226] 
 Hungary || [1 272 786] 
 Malta || [5 239] 
 Poland || [2 970 020] 
 Romania || [1 428 531] 
 Slovenia || [138 980] 
 Slovakia || [377 419] 
 (*) Ceilings calculated taking into account of the schedule of increments provided for in Article 121." 
 FINANCIAL STATEMENT || FS/13/ 344471Rev1 
 6.15.2013 
   || DATE: 25.03.2013   
 1. || BUDGET HEADING:   05 03 Direct aids 05 04 Rural Development   ||   
 2. || TITLE:   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and amending Regulation (EU) No […] [RD] as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No […][DP], (EU) No […][HZ] and (EU) No […][sCMO] as regards their application in the year 2014   
 3. || LEGAL BASIS:   Article 43(2) of the Treaty on the Functioning of the European Union   
 4. || AIMS:   This regulation lays down transitional rules for the application of direct payments in respect of the year 2014 and on support for rural development.   
 5. || FINANCIAL IMPLICATIONS || 12 MONTH PERIOD (EUR million) || CURRENT FINANCIAL YEAR 2013 (EUR million) || FOLLOWING FINANCIAL YEAR 2014 (EUR million) 
 5.0 || EXPENDITURE -               CHARGED TO THE EU BUDGET (REFUNDS/INTERVENTIONS) -               NATIONAL AUTHORITIES -               OTHER ||   ||   ||   
 5.1 || REVENUE -               OWN RESOURCES OF THE EU (LEVIES/CUSTOMS DUTIES) -               NATIONAL ||   ||   ||   
   ||   || 2015 || 2016 || 2017 || 2018 
 5.0.1 || ESTIMATED EXPENDITURE || EUR -830 million ||   ||   ||   
 5.1.1 || ESTIMATED REVENUE ||   ||   ||   ||   
 5.2 || METHOD OF CALCULATION: See Comments 
 6.0 || CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? || n.a. 
 6.1 || CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? || n.a. 
 6.2 || WILL A SUPPLEMENTARY BUDGET BE NECESSARY? || NO 
 6.3 || WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? || NO 
 OBSERVATIONS:   This financial statement is a complement to the financial statement of the CAP reform proposals (COM(2012)551, COM(2012)552, COM(2012)553) and should be read together with it. This draft regulation aims to prolong some elements of the existing schemes, incorporating the effect of the Multiannual Financial Framework (MFF) agreement on external convergence of the direct payments, flexibility between the CAP pillars and the co-financing rate for rural development. There is no financial consequence as such since this draft Regulation only implements the Commission proposals on the MFF and the CAP reform taking into account the European Council conclusions of 8 February 2013. The new elements arising from the European Council conclusions of 8 February 2013 are put within square brackets pending the final agreement on the MFF.   As regards direct payments, external convergence and flexibility between pillars are applicable as of financial year 2015 (corresponding to claim year 2014 for direct payments). Compared to the Commission proposal and its financial statement, the European Council conclusions of 8 February 2013 correspond to a reduction of EUR 830 million (in current prices) for direct payments in claim year 2014 (EUR 5 million for the crop specific payment for cotton and EUR 825 million for Annex VIII).   Concerning the flexibility between pillars, it is not possible to assess the financial impact yet as Member States will have to notify their transfers to the Commission later this year. In any case, the flexibility will be budgetary neutral as exactly the same amounts reduced from one Fund (EAGF or EAFRD) will be made available to the other Fund (EAGF or EAFRD).   As regards rural development, this draft Regulation aims to ensure the continuity of a number of measures involving multiannual commitments. Also for those measures, the draft Regulation intends that, for commitments undertaken during 2007-2013, the corresponding expenditure can be eligible after 2015 (if there are payments to be made) under the new programming period, or before when the current financial allocation has been exhausted. Those provisions have no financial impact as the rural development allocation remains unchanged. However, the distribution over time of the payments might be slightly different than otherwise but it cannot be quantified at this stage.     
[1]               OJ C , , p. .
[2]               OJ C , , p. .
[3]               OJ L […], […], p. […].
[4]               OJ L 277, 21.10.2005, p. 1.
[5]               OJ L […], […], p. […].
[6]               OJ L 30, 31.1.2009, p. 16.
[7]               OJ L […], […], p. […].
[8]               OJ L […], […], p. […].
[9]               OJ L 327, 22.12.2000, p. 1.
[10]             OJ L 20, 26.1.1980, p. 43.
[11]             OJ L […], […], p. […].
[12]             OJ L […], […], p. […].
[13]             OJ L 160 , 26.6.1999, p. 80.
[14]             OJ please insert the date one month from the date of application
of this Regulation.
[15]             OJ please insert the date one month from the date of application
of this Regulation.
[16]             OJ please insert the date one month from the date of application
of this Regulation.
[17]             OJ please insert the date one month from the date of application
of this Regulation.
[18]             OJ please insert the date 7 days from the date of
entry into force of this Regulation. 
[19]             OJ please insert the date 7 days from the date of
entry into force of this Regulation. 
[20]             OJ please insert the date 7 days from the date of
entry into force of this Regulation. 
[21]             OJ please insert the date 7 days from the date of
entry into force of this Regulation. 
[22]             OJ please insert the date 7 days from the date of entry
into force of this Regulation.