Title IV, Article 103 · Regulation (EU) 2021/2115

Contents

Article 103Flexibility between direct payment allocations and EAFRD allocations#

1.As part of its CAP Strategic Plan proposal referred to in Article 118(1), a Member State may decide to transfer:

(a)up to 25 % of its allocation for direct payments set out in Annex V, where relevant after deduction of the allocations for cotton set in Annex VIII for calendar years 2023 to 2026, to its allocation for the EAFRD in financial years 2024 to 2027; or

(b)up to 25 % of its allocation for the EAFRD in financial years 2024 to 2027 to its allocation for direct payments set out in Annex V for calendar years 2023 to 2026.

2.The percentage of transfer from a Member State’s allocation for direct payments to its allocation for the EAFRD referred to in paragraph 1, point (a), may be increased by:

(a)up to 15 percentage points if that Member State uses the corresponding increase for EAFRD-financed interventions addressing the specific objectives set out in Article 6(1), points (d), (e) and (f);

(b)up to 2 percentage points if that Member State uses the corresponding increase in accordance with Article 95(1), point (b).

3.The percentage of transfer from a Member State’s allocation for the EAFRD to its allocation for direct payments referred to in paragraph 1, point (b), may be increased to 30 % for Member States with direct payments per hectare below 90 % of the Union average. This condition is fulfilled in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden.

4.The decisions referred to in paragraph 1 shall set out the percentage referred to in paragraphs 1, 2 and 3, which may vary by calendar year.

5.Member States may, in 2025, review their decisions referred to in paragraph 1 as part of a request for amendment of their CAP Strategic Plans referred to in Article 119.

6.Notwithstanding Article 6(1) and Article 30(2) and (3) of Regulation (EU) No 228/2013, Member States with outermost regions within the meaning of Article 349 TFEU may decide, in a request for strategic amendment of a CAP Strategic Plan referred to in Article 119 of this Regulation, to transfer up to 25 % of the amount in their CAP Strategic Plans planned for their outermost regions, which is part of the amount allocated to them for rural development financial year 2027 under Annex XI to this Regulation, to their POSEI programmes established under Regulation (EU) No 228/2013 in order to reinforce them. Such request for strategic amendment shall contain a justification for such transfer and its contribution to the achievement of the specific objectives set out in Article 6(1) and (2) of this Regulation.If a Member State makes a transfer in accordance with the first subparagraph of this paragraph, the corresponding maximum annual sums provided for in Article 30(2) and (3) of Regulation (EU) No 228/2013 for financial year 2027 shall be deemed to be increased by the specific amount transferred once the amendment of the CAP Strategic Plan has been approved by the Commission.

Defined terms · 18

Show every defined term

AKIS
means the combined organisation and knowledge flows between persons, organisations and institutions who use and produce knowledge for agriculture and interrelated fields (Agricultural Knowledge and Innovation System);
approved interbranch organisation
means a legal entity made up of farmers producing cotton and at least one ginner, carrying out activities such as:
farmer
means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members by national law, whose holding is situated within the territorial scope of the Treaties, as defined in Article 52 of the Treaty on European Union in conjunction with Articles 349 and 355 of the Treaty on the Functioning of the European Union (TFEU), and who exercises an agricultural activity as determined by Member States in accordance with Article 4(2) of this Regulation;
financial year
means agricultural financial year in accordance with Article 35 of Regulation (EU) 2021/2116.
holding
means all the units used for agricultural activities and managed by a farmer situated within the territory of the same Member State;
intermediate body
means any public or private law body, including regional or local bodies, regional development bodies or non-governmental organisations, which acts under the responsibility of a national or regional managing authority, or which carries out duties on behalf of such an authority;
intervention
means a support instrument with a set of eligibility conditions specified by a Member State in its CAP Strategic Plan based on a type of intervention provided for in this Regulation;
LEADER
means community-led local development referred to in Article 31 of Regulation (EU) 2021/1060;
less developed regions
means less developed regions within the meaning of Article 108(2), first subparagraph, point (a), of Regulation (EU) 2021/1060;
milestones
means intermediate pre-established values, set by Member States in the framework of their intervention strategies referred to in Article 107(1), point (b), for a specific financial year to be achieved at a given point in time during the CAP Strategic Plan period to ensure timely progress in relation to the result indicators;
mutual fund
means a scheme accredited by a Member State in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers who experience economic losses;
operation
means:
outermost regions
means the outermost regions referred to in Article 349 TFEU;
public expenditure
means any contribution to the financing of operations the source of which is the budget of national, regional or local public authorities, the budget of the Union made available to the EAGF and the EAFRD, the budget of public law bodies or the budget of associations of public authorities or of public law bodies;
smaller Aegean islands
means smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013;
statutory management requirement
means each individual statutory management requirement under Union law listed in Annex III within a given legal act, differing in substance from any other requirement in the same act.
support rate
means the rate of public expenditure to an operation;
targets
means pre-established values, set by Member States in the framework of their intervention strategies referred to in Article 107(1), point (b), to be achieved at the end of the CAP Strategic Plan period in relation to the result indicators;