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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013note, and in particular Article 44(5) and Article 64(3), point (b), thereof,Whereas:
(1)Commission Delegated Regulation (EU) 2022/127note supplements Regulation (EU) 2021/2116 with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro.
(2)In accordance with Article 44(3b) of Regulation (EU) 2021/2116, Member States may decide to pay advances under the aid scheme laid down in Part II, Title I, Chapter II, Section 1, of Regulation (EU) No 1308/2013 of the European Parliament and of the Councilnote in respect of aid for school year 2023/2024 and subsequent school years. In order to ensure a coherent and non-discriminatory payment of advances and to guarantee the protection of Union funds, it is appropriate to set out specific conditions for the payment of advances in the form of a maximum percentage of aid to the applicants and the requirement for aid applicants to lodge a security.
(3)Article 19 of Delegated Regulation (EU) 2022/127 lays down the specific situations in which the competent authority may waive the requirement of a security. Given that the risk of non-compliance with the obligations under the school scheme is low where aid applicants are public authorities, it is appropriate to allow the competent authority to also waive the requirement of a security for those aid applicants.
(4)In Article 28 of Delegated Regulation (EU) 2022/127, the title should also refer to the forfeiture of the securities and, for reasons of clarity, the reference to Article 56 of Commission Implementing Regulation (EU) 2022/128note laying down the procedure for forfeiting the security should be added in paragraph 2.
(5)Delegated Regulation (EU) 2022/127 should therefore be amended and corrected accordingly,
HAS ADOPTED THIS REGULATION:
Article 1Amendment to Delegated Regulation (EU) 2022/127#
In Chapter IIIa of Delegated Regulation (EU) 2022/127, the following Article is added:‘Article 15bSpecific conditions for the payment of advances referred to in Article 44(3b) of Regulation (EU) 2021/21161.The payment of advances referred to in Article 44(3b) of Regulation (EU) 2021/2116 shall not exceed 80 % of the aid which aid applicants are entitled to for the implementation of one or more of the following activities in the course of the school year:
(a)the supply or distribution of products to children;
(b)accompanying educational measures;
(c)monitoring or evaluation actions;
(d)publicity.
2.The payment of advances referred to in paragraph 1 shall be subject to the lodging of a security at least equivalent to the amount of the advance.3.By way of derogation from Article 19, the competent authority may also waive the security requirement where the party responsible for meeting the obligation is a public authority.’.
Article 2Correction of Delegated Regulation (EU) 2022/127#
Article 28 of Delegated Regulation (EU) 2022/127 is corrected as follows:
(1)the title is replaced by the following:‘Release and forfeiture of securities’;
(2)paragraph 2 is replaced by the following:‘2.Once the deadline for proving final entitlement to the sum granted has passed without production of evidence of entitlement, the competent authority shall immediately forfeit the security in accordance with the procedure laid down in Article 56 of Commission Implementing Regulation (EU) 2022/128note.However, where specific Union rules so provide, evidence may still be produced after that date against partial repayment of the security.
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