CELEX: 32021D0987
Language: en
Date: 2021-06-16 00:00:00
Title: Commission Implementing Decision (EU) 2021/987 of 16 June 2021 excluding from European Union financing certain expenditure incurred by the United Kingdom under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2021) 4114) (Only the English text is authentic)

18.6.2021   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 218/3
               
            
         COMMISSION IMPLEMENTING DECISION (EU) 2021/987
         of 16 June 2021
         excluding from European Union financing certain expenditure incurred by the United Kingdom under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD)
         
            
               (notified under document C(2021) 4114)
            
         
         (Only the English text is authentic)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1306/2013 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 (1), and in particular Article 52 thereof, in conjunction with Articles 131 and 138 of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community,
         After consulting the Committee on the Agricultural Funds,
         Whereas:
         
                     (1)
                  
                  
                     In accordance with Article 52 of Regulation (EU) No 1306/2013, the Commission is to carry out the necessary verifications, communicate to the United Kingdom the results of those verifications, take note of the comments provided by the United Kingdom, initiate a bilateral discussion so that an agreement may be reached and formally communicate its conclusions to the United Kingdom.
                  
               
                     (2)
                  
                  
                     The United Kingdom has had an opportunity to request the launch of a conciliation procedure, but did not request it.
                  
               
                     (3)
                  
                  
                     In accordance with Regulation (EU) No 1306/2013, only agricultural expenditure, which has been incurred in a way that has not infringed Union law may be financed.
                  
               
                     (4)
                  
                  
                     In the light of the verifications carried out and the outcome of the bilateral discussion, part of the expenditure declared by the United Kingdom does not fulfil this requirement and cannot therefore be financed under the EAGF and the EAFRD.
                  
               
                     (5)
                  
                  
                     The amounts that are not recognised as being chargeable to the EAGF and the EAFRD should be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission’s written notification of the results of the verifications to the United Kingdom.
                  
               
                     (6)
                  
                  
                     The amounts excluded from Union financing by this Decision should also take into account any reductions or suspensions in accordance with Article 41 of Regulation (EU) No 1306/2013 due to the fact that such reductions or suspensions are of a provisional nature and without prejudice to decisions taken pursuant to Articles 51 or 52 of that Regulation.
                  
               
                     (7)
                  
                  
                     As regards the cases covered by this Decision, the assessment of the amounts to be excluded on grounds of non-compliance with Union law was notified by the Commission to the United Kingdom in a summary report on the subject (2).
                  
               
                     (8)
                  
                  
                     This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice of the European Union in cases pending on 31 March 2021,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            The amounts set out in the Annex and related to expenditure incurred by the United Kingdom’s accredited paying agencies and declared under the EAGF and the EAFRD shall be excluded from Union financing.
         
         
            Article 2
            This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.
         
         
            Done at Brussels, 16 June 2021.
            
               
                  For the Commission
               
               Janusz WOJCIECHOWSKI
               
                  Member of the Commission
               
            
         
         
            (1)  OJ L 347, 20.12.2013, p. 549.
         
            (2)  Ares(2021)3293159
      
      
         
            ANNEX
            
               Decision: 66-UK only
            
            
               Budget Item: 6200
            
            
                        
                           Member State
                        
                     
                     
                        
                           Measure
                        
                     
                     
                        
                           FY
                        
                     
                     
                        
                           Reason
                        
                     
                     
                        
                           Type
                        
                     
                     
                        
                           Correction %
                        
                     
                     
                        
                           Currency
                        
                     
                     
                        
                           Amount
                        
                     
                     
                        
                           Deductions
                        
                     
                     
                        
                           Financial Impact
                        
                     
                  
                        
                           GB
                        
                     
                     
                        Certification
                     
                     
                        2016
                     
                     
                        Financial Errors Detected by CB
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -859,46 
                     
                     
                        0,00 
                     
                     
                        -859,46 
                     
                  
                         
                     
                     
                        Clearance of Accounts - Financial Clearance
                     
                     
                        2019
                     
                     
                        Incorrect payment calculation - AO1
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -103 237,16 
                     
                     
                        0,00 
                     
                     
                        -103 237,16 
                     
                  
                         
                     
                     
                        Clearance of Accounts - Financial Clearance
                     
                     
                        2019
                     
                     
                        Individual errors EAGF IACS
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -3 112,08 
                     
                     
                        0,00 
                     
                     
                        -3 112,08 
                     
                  
                         
                     
                     
                        Clearance of Accounts - Financial Clearance
                     
                     
                        2019
                     
                     
                        Known error EAGF IACS
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -1 551,20 
                     
                     
                        0,00 
                     
                     
                        -1 551,20 
                     
                  
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        
                           Total GB:
                        
                     
                     
                        
                           EUR
                        
                     
                     
                        
                           -108 759,90 
                        
                     
                     
                        
                           0,00 
                        
                     
                     
                        
                           -108 759,90 
                        
                     
                  
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                  
               
            
                        
                           Currency
                        
                     
                     
                        
                           Amount
                        
                     
                     
                        
                           Deductions
                        
                     
                     
                        
                           Financial Impact
                        
                     
                  
                        
                           EUR
                        
                     
                     
                        -108 759,90 
                     
                     
                        0,00 
                     
                     
                        -108 759,90 
                     
                  
               Budget Item: 6201
            
            
                        
                           Member State
                        
                     
                     
                        
                           Measure
                        
                     
                     
                        
                           FY
                        
                     
                     
                        
                           Reason
                        
                     
                     
                        
                           Type
                        
                     
                     
                        
                           Correction %
                        
                     
                     
                        
                           Currency
                        
                     
                     
                        
                           Amount
                        
                     
                     
                        
                           Deductions
                        
                     
                     
                        
                           Financial Impact
                        
                     
                  
                        
                           GB
                        
                     
                     
                        Rural Development EAFRD investment - public beneficiaries
                     
                     
                        2016
                     
                     
                        1.2. Key control "Verification that public procurement procedures are in compliance with national and Union Regulation"
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -14 804,48 
                     
                     
                        0,00 
                     
                     
                        -14 804,48 
                     
                  
                         
                     
                     
                        Rural Development EAFRD investment - public beneficiaries
                     
                     
                        2017
                     
                     
                        1.2. Key control "Verification that public procurement procedures are in compliance with national and Union Regulation"
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -265 380,06 
                     
                     
                        0,00 
                     
                     
                        -265 380,06 
                     
                  
                         
                     
                     
                        Rural Development EAFRD investment - public beneficiaries
                     
                     
                        2018
                     
                     
                        1.2. Key control "Verification that public procurement procedures are in compliance with national and Union Regulation"
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -558 453,80 
                     
                     
                        0,00 
                     
                     
                        -558 453,80 
                     
                  
                         
                     
                     
                        Rural Development EAFRD investment - public beneficiaries
                     
                     
                        2019
                     
                     
                        1.2. Key control "Verification that public procurement procedures are in compliance with national and Union Regulation"
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -566 790,77 
                     
                     
                        0,00 
                     
                     
                        -566 790,77 
                     
                  
                         
                     
                     
                        Rural Development EAFRD Leader
                     
                     
                        2017
                     
                     
                        Deficiencies established in the functioning of the key controls “Appropriate checks on the eligibility of the costs of the operation” and “Appropriate procedures for the selection and appraisal of projects or applications” FY2017
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -47 531,38 
                     
                     
                        0,00 
                     
                     
                        -47 531,38 
                     
                  
                         
                     
                     
                        Rural development NIACS measures
                     
                     
                        2018
                     
                     
                        Deficiencies established in the functioning of the key controls “Appropriate checks on the eligibility of the costs of the operation” and “Appropriate procedures for the selection and appraisal of projects or applications” FY2018
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -336 852,17 
                     
                     
                        0,00 
                     
                     
                        -336 852,17 
                     
                  
                         
                     
                     
                        Rural development NIACS measures
                     
                     
                        2019
                     
                     
                        Deficiencies established in the functioning of the key controls “Appropriate checks on the eligibility of the costs of the operation” and “Appropriate procedures for the selection and appraisal of projects or applications” FY2019
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -247 748,43 
                     
                     
                        0,00 
                     
                     
                        -247 748,43 
                     
                  
                         
                     
                     
                        Certification
                     
                     
                        2016
                     
                     
                        Financial Errors Detected by CB
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -78 032,29 
                     
                     
                        0,00 
                     
                     
                        -78 032,29 
                     
                  
                         
                     
                     
                        Clearance of Accounts - Financial Clearance
                     
                     
                        2019
                     
                     
                        Individual errors EAFRD IACS
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -11 648,58 
                     
                     
                        0,00 
                     
                     
                        -11 648,58 
                     
                  
                         
                     
                     
                        Rural development NIACS measures
                     
                     
                        2018
                     
                     
                        key control “Appropriate procedures for the selection and appraisal of projects or applications FY2018-2019
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -1 933 280,58 
                     
                     
                        0,00 
                     
                     
                        -1 933 280,58 
                     
                  
                         
                     
                     
                        Rural development NIACS measures
                     
                     
                        2019
                     
                     
                        key control “Appropriate procedures for the selection and appraisal of projects or applications FY2018-2019
                     
                     
                        ONE OFF
                     
                     
                         
                     
                     
                        EUR
                     
                     
                        -1 426 714,65 
                     
                     
                        0,00 
                     
                     
                        -1 426 714,65 
                     
                  
                         
                     
                     
                        Rural Development EAFRD Knowledge and innovation
                     
                     
                        2016
                     
                     
                        key control "Verification that public procurement procedures are in compliance with national and Union Regulation
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -898,00 
                     
                     
                        0,00 
                     
                     
                        -898,00 
                     
                  
                         
                     
                     
                        Rural Development EAFRD Knowledge and innovation
                     
                     
                        2017
                     
                     
                        key control "Verification that public procurement procedures are in compliance with national and Union Regulation
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -110 558,25 
                     
                     
                        0,00 
                     
                     
                        -110 558,25 
                     
                  
                         
                     
                     
                        Rural Development EAFRD Knowledge and innovation
                     
                     
                        2018
                     
                     
                        key control "Verification that public procurement procedures are in compliance with national and Union Regulation
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -475 154,01 
                     
                     
                        0,00 
                     
                     
                        -475 154,01 
                     
                  
                         
                     
                     
                        Rural Development EAFRD Knowledge and innovation
                     
                     
                        2019
                     
                     
                        key control "Verification that public procurement procedures are in compliance with national and Union Regulation
                     
                     
                        FLAT RATE
                     
                     
                        23,44 %
                     
                     
                        EUR
                     
                     
                        -109 153,46 
                     
                     
                        0,00 
                     
                     
                        -109 153,46 
                     
                  
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                        
                           Total GB:
                        
                     
                     
                        
                           EUR
                        
                     
                     
                        
                           -6 183 000,91 
                        
                     
                     
                        
                           0,00 
                        
                     
                     
                        
                           -6 183 000,91 
                        
                     
                  
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                     
                         
                     
                  
               
            
                        
                           Currency
                        
                     
                     
                        
                           Amount
                        
                     
                     
                        
                           Deductions
                        
                     
                     
                        
                           Financial Impact
                        
                     
                  
                        
                           EUR
                        
                     
                     
                        -6 183 000,91 
                     
                     
                        0,00 
                     
                     
                        -6 183 000,91