Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

Type Regulation
Publication 2021-12-06
Last updated 2026-08-18
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 164
Reform history JSON API

The notified amendments to which Commission made objections shall not have legal effects and Member State shall delete them from the amended CAP Strategic Plan submitted pursuant to the first subparagraph of this paragraph. The expenditure resulting from those amendments shall not be eligible for a contribution from the EAFRD or the EAGF. The Member State may submit those amendments to the Commission for approval in a request for strategic amendment, referred to in paragraph 2 of this Article. The rules concerning approvals of strategic amendments referred to in paragraphs 2 to 8 and 10 and 11 of this Article shall apply mutatis mutandis to approval of amendments to which the Commission objected in accordance with the second subparagraph of this paragraph. Article 121 shall apply mutatis mutandis to Commission actions pursuant to this paragraph.

10.

Each strategic amendment shall be approved by the Commission by means of an implementing decision without applying the committee procedure referred to in Article 153.

11.

Without prejudice to Article 86, strategic amendments shall only have legal effects after their approval by the Commission.

12.

Corrections of clerical or obvious errors or of a purely editorial nature that do not affect the implementation of the policy and the intervention shall not be considered to be a request for amendment or notification under this Article. Member States shall inform the Commission of such corrections.

Article 121

Calculation of time limits for Commission actions

For the purposes of this Chapter, where a time limit is set for an action by the Commission, that time limit shall start when all information complying with the requirements laid down in this Regulation and the provisions adopted pursuant to it has been submitted.

This time limit shall not include:

  • (a) the period which starts on the date following the date on which the Commission sends its observations or a request for revised documents to the Member State and ends on the date on which the Member State responds to the Commission;
  • (b) for amendments related to Article 17(5), Article 88(7), Article 103(5) and Article 103a, the period for the adoption of the delegated act for the amendment of the allocations in accordance with Article 87(2).
Article 122

Delegated powers concerning amendments of CAP Strategic Plans

The Commission is empowered to adopt delegated acts in accordance with Article 152 supplementing this Chapter as regards:

  • (a) procedures and time limits for the submission of requests for strategic amendment of CAP Strategic Plans and notifications of amendments of CAP Strategic Plans;
  • (b) the determination of further cases for which the maximum number of amendments referred to in Article 119(7) does not count.

TITLE VI COORDINATION AND GOVERNANCE

Article 123

Managing authority

1.

Each Member State shall designate a national managing authority for its CAP Strategic Plan.

Member States may, taking into account their constitutional and institutional provisions, designate regional managing authorities to be responsible for some or all of the tasks referred to in paragraph 2.

Member States shall ensure that the relevant management and control system has been set up in such a way that it ensures a clear allocation and separation of functions between the national managing authority and, where relevant, regional managing authorities and other bodies. Member States shall be responsible for ensuring that the system functions effectively throughout the CAP Strategic Plan period.

2.

The managing authority shall be responsible for managing and implementing the CAP Strategic Plan in an efficient, effective and correct way. In particular, it shall ensure that:

  • (a) there is an electronic information system as referred to in Article 130;
  • (b) farmers, other beneficiaries and other bodies involved in the implementation of interventions:
  • (i) are informed of their obligations resulting from the aid granted, and maintain either a separate accounting system or an adequate accounting code for all transactions relating to an operation, where relevant;
  • (ii) are aware of the requirements concerning the provision of data to the managing authority and the recording of outputs and results;
  • (c) the farmers and other beneficiaries concerned are provided, where appropriate by the use of electronic means, with clear and precise information on the statutory management requirements and the minimum GAEC standards established pursuant to Title III, Chapter I, Section 2, as well as on the requirements related to social conditionality established pursuant to Title III, Chapter I, Section 3, to be applied at farm level;
  • (d) the ex-ante evaluation referred to in Article 139 conforms to the evaluation and monitoring system and is submitted to the Commission;
  • (e) the evaluation plan referred to in Article 140(4) is in place and that the ex-post evaluations referred to in that Article are conducted within the time limits laid down in this Regulation, ensuring that such evaluations conform to the monitoring and evaluation system and that they are submitted to the monitoring committee and the Commission;
  • (f) the monitoring committee is provided with the information and documents needed to monitor the implementation of the CAP Strategic Plan in the light of its specific objectives and priorities;
  • (g) the annual performance report is drawn up, including aggregate monitoring tables, and, after the report has been submitted to the monitoring committee for opinion, is submitted to the Commission in accordance with Article 9(3), first subparagraph, point (b), of Regulation (EU) 2021/2116.
  • (h) relevant follow-up actions on Commission’s observations on the annual performance reports are taken;
  • (i) the paying agency receives all necessary information, in particular on the procedures operated and any controls carried out in relation to interventions selected for funding, before payments are authorised;
  • (j) beneficiaries under interventions financed by the EAFRD, other than area- and animal-related interventions, acknowledge the financial support received, including the appropriate use of the Union emblem in accordance with the rules laid down by the Commission in accordance with paragraph 5;
  • (k) publicity is made for the CAP Strategic Plan, including through the national CAP network, by informing:
  • (i) potential beneficiaries, professional organisations, the economic and social partners, bodies involved in promoting equality between men and women, and the non-governmental organisations concerned, including environmental organisations, of the possibilities offered by the CAP Strategic Plan and the rules for gaining access to the CAP Strategic Plan funding; and
  • (ii) farmers, other beneficiaries and the general public of the Union support for agriculture and rural development through the CAP Strategic Plan.

For support financed by the EAGF, as appropriate, Member States shall provide for the managing authority to use the visibility and communication tools and structures used by the EAFRD.

3.

Where regional managing authorities referred to in paragraph 1, second subparagraph, are responsible for the tasks referred to in paragraph 2, the national managing authority shall ensure appropriate coordination between those authorities with a view to guaranteeing the coherence and consistency of the CAP Strategic Plan design and implementation.

4.

The national managing authority or, where relevant, the regional managing authorities may delegate tasks to intermediate bodies. In that case, the delegating managing authority shall retain full responsibility for the efficiency and correctness of the management and implementation of those tasks and ensure that appropriate provisions are in place to allow the intermediate body to obtain all necessary data and information for the execution of those tasks.

5.

The Commission may adopt implementing acts laying down uniform conditions for the application of the information, publicity and visibility requirements referred to in paragraph 2, points (j) and (k). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

Article 124

Monitoring committee

1.

Each Member State shall set up a national committee to monitor the implementation of the CAP Strategic Plan within three months of the date of notification to the Member State of the Commission implementing decision approving a CAP Strategic Plan.

Each monitoring committee shall adopt its rules of procedure, which shall include provisions on the coordination with regional monitoring committees when set up in accordance with paragraph 5, on the prevention of conflicts of interest and on the application of the principle of transparency.

The monitoring committee shall meet at least once a year and shall review all issues that affect the CAP Strategic Plan progress towards achieving its targets.

Each Member State shall publish the rules of procedure and the opinions of the monitoring committee.

2.

Each Member State shall decide the composition of the monitoring committee and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in Article 106(3).

Each member of the monitoring committee shall have a vote.

The Member State shall publish the list of the members of the monitoring committee online.

Representatives of the Commission shall participate in the work of the monitoring committee in an advisory capacity.

3.

The monitoring committee shall examine in particular:

  • (a) progress in CAP Strategic Plan implementation and in achieving the milestones and targets;
  • (b) any issues that affect the performance of the CAP Strategic Plan and the actions taken to address those issues, including progress towards simplification and reduction of administrative burden for final beneficiaries;
  • (c) the elements of the ex-ante assessment listed in Article 58(3) of Regulation (EU) 2021/1060 and the strategy document referred to in Article 59(1) of that Regulation;
  • (d) progress made in carrying out evaluations, syntheses of evaluations and any follow-up given to findings;
  • (e) relevant information related to the performance of the CAP Strategic Plan supplied by the national CAP network;
  • (f) the implementation of communication and visibility actions;
  • (g) administrative capacity building for public authorities and farmers and other beneficiaries, where relevant.
4.

The monitoring committee shall give its opinion on:

  • (a) the methodology and criteria used for the selection of operations;
  • (b) the annual performance reports;
  • (c) the evaluation plan and amendments thereof;
  • (d) any proposal by the managing authority for amendment of a CAP Strategic Plan and, as regards a proposal for amendment of a CAP Strategic Plan related to the EAGF, the date of effect of the amendment proposed by the managing authority in accordance with Article 119(8).
5.

Where elements are established at regional level, the Member State concerned may set up regional monitoring committees to monitor the implementation of the regional elements and provide the national monitoring committee with information in this respect. This Article shall apply to those regional monitoring committees mutatis mutandis as regards the elements established at regional level.

Article 125

Technical assistance at the initiative of Member States

1.

At the initiative of a Member State, the EAFRD may support actions which are necessary for the effective administration and implementation of support in relation to the CAP Strategic Plan, including establishing and operating the national CAP networks referred to in Article 126(1). The actions referred to in this paragraph may concern previous programming periods and subsequent CAP Strategic Plan periods.

2.

Actions of the authority of the Lead Fund in accordance with Article 31(4), (5) and (6) of Regulation (EU) 2021/1060 may also be supported provided that LEADER involves support from the EAFRD.

3.

Technical assistance at the initiative of Member States shall not finance certification bodies referred to in Article 12 of Regulation (EU) 2021/2116.

Article 126

National and European CAP networks

1.

Each Member State shall establish a national network for the common agricultural policy (‘national CAP network’) for the networking of organisations and administrations, advisors, researchers and other innovation actors, and other actors in the field of agriculture and rural development at national level at the latest 12 months after the approval by the Commission of the CAP Strategic Plan. The national CAP networks shall build on the existing networking experience and practices in the Member States.

2.

The Commission shall establish a European network for the common agricultural policy (‘European CAP network’) for the networking of national networks, organisations, and administrations in the field of agriculture and rural development at Union level.

3.

Networking through the national and European CAP networks shall have the following objectives:

  • (a) increase the involvement of all relevant stakeholders in the implementation of CAP Strategic Plans and, where relevant, in their design;
  • (b) accompany the Member States’ administrations in the implementation of CAP Strategic Plans and the transition to a performance-based delivery model;
  • (c) contribute to improving the quality of implementation of CAP Strategic Plans;
  • (d) contribute to the information of the public and potential beneficiaries on the CAP and funding opportunities;
  • (e) foster innovation in agriculture and rural development and support peer-to-peer learning and the inclusion of, and the interaction between, all stakeholders in the knowledge-exchange and knowledge-building process;
  • (f) contribute to monitoring and evaluation capacity and activities;
  • (g) contribute to the dissemination of CAP Strategic Plans results.

The objective set out in the first subparagraph, point (d), shall be addressed in particular through the national CAP networks.

4.

The tasks of the national and European CAP networks for the achievement of the objectives set out in paragraph 3 shall be the following:

  • (a) collection, analysis and dissemination of information on actions and good practices implemented or supported under CAP Strategic Plans as well as analysis on developments in agriculture and rural areas relevant to the specific objectives set out in Article 6(1) and (2);
  • (b) contribution to capacity building for Member States administrations and of other actors involved in the implementation of CAP Strategic Plans, including as regards monitoring and evaluation processes;
  • (c) creation of platforms, fora and events to facilitate exchanges of experience between stakeholders and peer-to-peer learning, including where relevant exchanges with networks in third countries;
  • (d) collection of information and facilitation of its dissemination as well as networking of funded structures and projects, such as local action groups referred to in Article 33 of Regulation (EU) 2021/1060, EIP operational groups referred to in Article 127(3) of this Regulation and equivalent structures and projects;
  • (e) support for cooperation projects between EIP operational groups referred to in Article 127(3) of this Regulation, local action groups referred to in Article 33 of Regulation (EU) 2021/1060 or similar local development structures, including transnational cooperation;
  • (f) creation of links to other Union-funded strategies or networks;
  • (g) contribution to the further development of the CAP and preparation of any subsequent CAP Strategic Plan period;
  • (h) in the case of national CAP networks, participating in, and contributing to, the activities of the European CAP network;
  • (i) in the case of the European CAP network, cooperating with, and contributing to, the activities of the national CAP networks.
5.

The Commission shall adopt implementing acts setting out the organisational structure and operation of the European CAP network. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

Article 127

European Innovation Partnership for agricultural productivity and sustainability

1.

The aim of the European Innovation Partnership for agricultural productivity and sustainability (EIP) shall be to stimulate innovation and improve the exchange of knowledge.

The EIP shall support the AKIS, by connecting policies and instruments to speed up innovation.

2.

The EIP shall contribute to achieving the specific objectives set out in Article 6(1) and (2).

It shall in particular:

  • (a) create added value by better linking research and farming practice and encouraging the wider use of available innovation measures;
  • (b) connect innovation actors and projects;
  • (c) promote the faster and wider transposition of innovative solutions into practice, including farmer-to-farmer exchange; and
  • (d) inform the scientific community about the research needs of farming practice.
3.

EIP operational groups supported under the cooperation type of intervention referred to in Article 77 shall form part of the EIP. Each EIP operational group shall draw up a plan for an innovative project to be developed or implemented. The innovative project shall be based on the interactive innovation model which has as key principles:

  • (a) developing innovative solutions focusing on farmers’ or foresters’ needs while also tackling the interactions across the whole supply chain where useful;
  • (b) bringing together partners with complementary knowledge such as farmers, advisors, researchers, enterprises or non-governmental organisations in a targeted combination as best suited to achieve the project objectives; and
  • (c) co-deciding and co-creating all along the project.

EIP operational groups may act at transnational, including cross-border, level. The envisaged innovation may be based on new practices, but also on traditional practices in a new geographical or environmental context.

EIP operational groups shall disseminate a summary of their plans and of the results of their projects, in particular through the national and European CAP networks.

TITLE VII MONITORING, REPORTING AND EVALUATION

CHAPTER I PERFORMANCE FRAMEWORK

Article 128

Establishment of the performance framework

1.

A performance framework shall be established under the shared responsibility of Member States and the Commission. The performance framework shall allow reporting, monitoring and evaluation of the performance of the CAP Strategic Plan during its implementation.

2.

The performance framework shall include the following elements:

  • (a) a set of common output, result, impact and context indicators referred to in Article 7 which will be used as the basis for monitoring, evaluation and the annual performance reporting;
  • (b) targets and annual milestones established in relation to the relevant specific objective using the relevant result indicators;
  • (c) data collection, storage and transmission;
  • (d) regular reporting on performance, monitoring and evaluation activities;
  • (e) the ex-ante, interim, and ex-post evaluations and all other evaluation activities linked to the CAP Strategic Plan.
Article 129

Objectives of the performance framework

The performance framework’s objectives shall be to:

  • (a) assess the impact, effectiveness, efficiency, relevance, coherence and Union added value of the CAP;
  • (b) monitor progress made towards achieving the targets of the CAP Strategic Plans;
  • (c) assess the impact, effectiveness, efficiency, relevance and coherence of the interventions of the CAP Strategic Plans;
  • (d) support a common learning process related to monitoring and evaluation.
Article 130

Electronic information system

Member States shall establish a secure electronic information system, or use an existing one, in which they shall record and keep key information on the implementation of the CAP Strategic Plan that is needed for monitoring and evaluation, in particular for monitoring progress towards the objectives and targets set, including information on each beneficiary and operation.

Article 131

Provision of information

Member States shall ensure that beneficiaries of support under the CAP Strategic Plan interventions and local action groups referred to in Article 33 of Regulation (EU) 2021/1060 provide to the managing authority, or other bodies delegated to perform functions on its behalf, all the information necessary for the purpose of monitoring and evaluation of the CAP Strategic Plan.

Member States shall ensure that comprehensive, timely and reliable data sources are established to enable effective follow-up of policy progress towards objectives using output, result and impact indicators.

Article 132

Monitoring procedures

The managing authority and the monitoring committee shall monitor the implementation of the CAP Strategic Plan and progress made towards achieving the targets of the CAP Strategic Plan on the basis of the output and result indicators.

Article 133

Implementing powers for the performance framework

The Commission shall adopt implementing acts on the content of the performance framework. Such acts shall include indicators other than those of Annex I which are needed for the appropriate monitoring and evaluation of the policy, the methods for the calculation of indicators set out in and outside of Annex I, and the necessary provisions to guarantee accuracy and reliability of the data collected by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

CHAPTER II ANNUAL PERFORMANCE REPORTS

Article 134

Annual performance reports

1.

Member States shall, in accordance with Article 9(3) and Article 10 of Regulation (EU) 2021/2116 provide an annual performance report on the implementation of the CAP Strategic Plan in the previous financial year.

2.

The last annual performance report, to be provided in accordance with Article 9(3) and Article 10 of Regulation (EU) 2021/2116, shall comprise a summary of the evaluations carried out during the implementation period.

3.

In order to be admissible, the annual performance report shall contain all the information required in paragraphs 4, 5, 7 and 10. The Commission shall inform the Member States concerned within 15 working days from the submission of the annual performance report if it is not admissible, failing which it shall be deemed admissible.

4.

Annual performance reports shall set out key qualitative and quantitative information on the implementation of the CAP Strategic Plan by reference to financial data and to output and result indicators, including at regional level where relevant.

5.

The quantitative information referred to in paragraph 4 shall include:

  • (a) the realised outputs achieved by the end of the previous financial year:
  • (b) the gross expenditure at the end of the financial year, relevant to the outputs referred to in point (a) of this subparagraph, before application of any penalties or other reductions, and for the EAFRD, taking into account reallocation of cancelled or recovered funds pursuant to Article 57 of Regulation (EU) 2021/2116;
  • (c) the ratio between gross expenditure referred to in point (b) of this subparagraph and the relevant realised outputs referred to in point (a) of this subparagraph (‘realised unit amount’);
  • (d) results and distance to corresponding milestones set in accordance with Article 109(1), point (a).

The information referred to in the first subparagraph, points (a), (b) and (c), of this paragraph, shall be broken down per unit amount as set out in the CAP Strategic Plan in accordance with Article 111, first paragraph, point (h). For output indicators which are marked in Annex I as used only for monitoring, only the information referred to in the first subparagraph, point (a), of this paragraph shall be included.

7.

The qualitative information referred to in paragraph 4 shall include:

  • (a) a synthesis of the state of implementation of the CAP Strategic Plan in respect of the previous financial year:
  • (b) any issues which affect the performance of the CAP Strategic Plan, in particular as regards deviations from milestones, providing the justifications referred to in Article 135, or where appropriate, giving reasons, and where relevant, describing the measures taken.
10.

For financial instruments, in addition to the data to be provided under paragraph 4, information shall be provided on:

  • (a) the eligible expenditure by type of financial product;
  • (b) the amount of management costs and fees declared as eligible expenditure;
  • (c) the amount, by type of financial product, of private and public resources mobilised in addition to the EAFRD;
  • (d) interest and other gains generated by support from the EAFRD contribution to financial instruments in accordance with Article 60 of Regulation (EU) 2021/1060 and resources returned attributable to support from the EAFRD in accordance with Article 62 of that Regulation;
  • (e) total value of loans, equity or quasi-equity investments in final recipients which were guaranteed with eligible public expenditure excluding additional national financing referred to in Article 115(5) of this Regulation and which were actually disbursed to final recipients.
11.

For the purpose of the biennial performance review referred to in Article 135, the annual performance report shall contain information on the additional national financing referred to in Article 115(5), points (a) and (d). That financing shall be taken into account for the biennial performance review.

12.

The annual performance reports, as well as a summary for citizens of their content, shall be made available to the public.

13.

The Commission may make observations on the admissible annual performance reports, within one month from the day on which the Commission informs the Member States of their admissibility. Where the Commission does not provide observations within that deadline, the reports shall be deemed to be accepted. Article 121 shall apply mutatis mutandis.

14.

The Commission shall adopt implementing acts laying down rules for the presentation of the content of the annual performance report. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

Article 135

Biennial performance review

1.

The Commission shall carry out a biennial performance review based on the information provided in the annual performance reports.

2.

Where the value of one or more result indicators reported in accordance with Article 134 that have been used by the Member State concerned for performance review in the CAP Strategic Plan in accordance with Annex I reveals a shortfall of more than 35 % from the respective milestone for financial year 2024 and 25 % for financial year 2026, the Member State concerned shall submit a justification for this deviation. Following the assessment of that justification, the Commission may where necessary ask the Member State concerned to submit an action plan in accordance with Article 41(1) of Regulation (EU) 2021/2116 describing the intended remedial actions and the expected timeframe.

3.

In 2026, the Commission shall review the information provided in the performance reports for financial year 2025. Where the value of one or more result indicators reported in accordance with Article 134 that have been used by the Member State concerned for performance review in the CAP Strategic Plan in accordance with Annex I reveals a shortfall of more than 35 % from the milestone concerned for financial year 2025, the Commission may ask the Member State concerned for remedial actions.

Article 136

Annual review meetings

1.

Member States shall organise each year a review meeting with the Commission. The review meeting shall be chaired jointly or by the Commission and shall take place not earlier than two months after the submission of the annual performance report.

2.

The review meeting shall aim to examine the performance of each plan, including progress made towards achieving established targets and available information on relevant impacts, as well as any issues affecting performance and past or future actions to be taken to address them.

CHAPTER III REPORTING FOR THE CROP-SPECIFIC PAYMENT FOR COTTON AND THE TRANSITIONAL NATIONAL AID

Article 137

Annual reporting

By 15 February 2025 and 15 February of each subsequent year until 2030, the Member States that grant the crop-specific payment for cotton laid down in Title III, Chapter II, Section 3, Subsection 2, shall provide the Commission with the following information on the implementation of that payment in the previous financial year:

  • (a) the number of beneficiaries;
  • (b) the amount of payment per hectare; and
  • (c) the number of hectares for which the payment was granted.
Article 138

Annual reporting on transitional national aid

By 15 February 2025 and 15 February of each subsequent year until 2030, the Member States that grant the transitional national aid laid down in Article 147 shall provide the Commission with the following information on the implementation of that aid in the previous financial year for each relevant sector:

  • (a) the number of beneficiaries;
  • (b) the total amount of transitional national aid granted; and
  • (c) the number of hectares, animals or other units for which that aid has been granted.

CHAPTER IV CAP STRATEGIC PLAN EVALUATION

Article 139

Ex-ante evaluations

1.

Member States shall carry out ex-ante evaluations to improve the quality of the design of their CAP Strategic Plans.

2.

The ex-ante evaluation shall be carried out under the responsibility of the authority responsible for the preparation of the CAP Strategic Plan.

3.

The ex-ante evaluation shall assess:

  • (a) the contribution of the CAP Strategic Plan to achieving the specific objectives set out in Article 6(1) and (2), taking into account national and regional needs and potential for development as well as lessons drawn from implementation of the CAP in previous programming periods;
  • (b) the internal coherence of the proposed CAP Strategic Plan and its relationship with other relevant instruments;
  • (c) the consistency of the allocation of budgetary resources with those specific objectives set out in Article 6(1) and (2) that are addressed by the CAP Strategic Plan;
  • (d) how the expected outputs will contribute to results;
  • (e) whether the quantified target values for results and milestones are appropriate and realistic, having regard to the support envisaged from the EAGF and EAFRD;
  • (f) measures planned to reduce the administrative burden on farmers and other beneficiaries;
  • (g) where relevant, the rationale for the use of financial instruments financed by the EAFRD.
4.

The ex-ante evaluation may incorporate the requirements for the SEA set out in Directive 2001/42/EC taking into account climate change mitigation needs.

Article 140

Evaluation of CAP Strategic Plans during the implementation period and ex post

1.

Member States shall carry out evaluations of their CAP Strategic Plans during implementation and ex post to improve the quality of the design and implementation of the plans. Member States shall assess their CAP Strategic Plans’ effectiveness, efficiency, relevance, coherence, Union added value and impact in relation to their contribution to achiving the CAP general objectives set out in Article 5 and those specific objectives set out in Article 6(1) and (2) which are addressed by the CAP Strategic Plan concerned. The CAP Strategic Plan’s overall impact shall be assessed by the ex-post evaluation only.

2.

Member States shall entrust evaluations to functionally independent experts.

3.

Member States shall ensure that procedures are in place to produce and collect the data necessary for evaluations.

4.

Member States shall draw up an evaluation plan providing indications on intended evaluation activities during the implementation period.

5.

Member States shall submit the evaluation plan to the monitoring committee no later than one year after the adoption of the CAP Strategic Plan.

6.

The managing authority shall be responsible for completing a comprehensive ex-post evaluation of the CAP Strategic Plan by 31 December 2031.

7.

Member States shall make all evaluations available to the public.

CHAPTER V PERFORMANCE ASSESSMENT BY THE COMMISSION

Article 141

Performance assessment and evaluation

1.

The Commission shall establish a multiannual evaluation plan of the CAP to be carried out under its responsibility. That evaluation plan shall also cover the measures under Regulation (EU) No 1308/2013.

2.

The Commission shall submit to the European Parliament and to the Council a summary report of Member States’ CAP Strategic Plans by 31 December 2023. The report shall include an analysis of the joint effort and collective ambition of Member States to address the specific objectives set out in Article 6(1) and (2), in particular those mentioned in Article 6(1), points (d), (e), (f) and (i).

3.

By 31 December 2025, the Commission shall submit a report to the European Parliament and the Council in order to assess the operation of the new delivery model by the Member States and consistency and combined contribution of the interventions in Member States’ CAP Strategic Plans to achieving environmental and climate-related commitments of the Union. When necessary, the Commission shall issue recommendations to the Member States to facilitate the achievement of those commitments.

4.

The Commission shall carry out an interim evaluation to examine the effectiveness, efficiency, relevance, coherence and Union added value of the EAGF and the EAFRD by 31 December 2026, taking into account the indicators set out in Annex I. The Commission may make use of all relevant information already available in accordance with Article 128 of the Financial Regulation.

5.

The Commission shall carry out an ex-post evaluation to examine the effectiveness, efficiency, relevance, coherence and Union added value of the EAGF and the EAFRD.

6.

Based on evidence provided in evaluations on the CAP, including evaluations on CAP Strategic Plans, as well as other relevant information sources, the Commission shall present a report on the interim evaluation, including first results on the performance of the CAP, to the European Parliament and the Council by 31 December 2027. A second report including an assessment of the performance of the CAP shall be presented by 31 December 2031.

Article 142

Reporting based on a core set of indicators

In compliance with the reporting requirement pursuant to Article 41(3), point (h)(iii), of the Financial Regulation, the Commission shall present to the European Parliament and the Council the performance information referred to in that Article measured by the core set of indicators set out in Annex XIV to this Regulation.

Article 143

General provisions

1.

Member States shall provide the Commission with the available information necessary to enable it to perform the monitoring and evaluation of the CAP referred to in Article 141.

2.

Data needed for the context and impact indicators shall primarily come from established data sources, such as the Farm Accountancy Data Network and Eurostat. Where data for those indicators are not available or not complete, the gaps shall be addressed in the context of the European Statistical Programme established under Regulation (EC) No 223/2009 of the European Parliament and of the Council ([^E0022]), the Farm Accountancy Data Network established by Council Regulation (EC) No 1217/2009 ([^E0023]), or through formal agreements with other data providers such as the Joint Research Centre and the European Environment Agency.

3.

Data from administrative registers, such as the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116, the identification system for agricultural parcels referred to in Article 68 of that Regulation, and animal and vineyard registers, shall also be used for statistical purposes, in cooperation with statistical authorities in Member States and with Eurostat.

4.

The Commission may adopt implementing acts laying down rules on the information to be sent by Member States, taking into account the need to avoid any undue administrative burden, as well as the data needs and synergies between potential data sources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

TITLE VIII COMPETITION PROVISIONS

Article 144

Rules applying to undertakings

Where support under Title III of this Regulation is granted to forms of cooperation between undertakings, it may be granted only to such forms of cooperation which comply with the competition rules as they apply by virtue of Articles 206 to 210 of Regulation (EU) No 1308/2013.

Article 145

State aid

1.

Save as otherwise provided for in this Title, Articles 107, 108 and 109 TFEU shall apply to support under this Regulation.

2.

Articles 107, 108 and 109 TFEU shall not apply to support provided by Member States pursuant to and in accordance with this Regulation, or to additional national financing referred to in Article 146 of this Regulation, falling within the scope of Article 42 TFEU.

Article 146

Additional national financing

Support provided by Member States in relation to operations falling within the scope of Article 42 TFEU that is intended to provide additional financing for interventions in rural development laid down in Title III, Chapter IV, of this Regulation for which Union support is granted at any time during the CAP Strategic Plan period may only be made if it complies with this Regulation and is included in Annex V to the CAP Strategic Plans approved by the Commission.

Member States shall not provide support for interventions in sectors referred to in Title III, Chapter III, of this Regulation except where it is explicitly provided for in that Chapter.

Member States may provide additional national financing of up to 200 % of the EAFRD financing allocated in the CAP Strategic Plan for support under Article 78b.

Article 147

Transitional national aid

1.

Member States having granted transitional national aid in the period 2015-2022 in accordance with Article 37 of Regulation (EU) No 1307/2013 may continue to grant transitional national aid to farmers.

2.

The conditions for granting transitional national aid shall be identical to those referred to in Article 37(3) of Regulation (EU) No 1307/2013.

By way of derogation from the first subparagraph of this paragraph, where the conditions for granting transitional national aid referred to in the first subparagraph related to a reference period, Member States may decide to modify the reference period to no later than year 2018.

3.

The total amount of transitional national aid that may be granted per sector shall be limited to the following percentage of the level of payments in each of the sector-specific financial envelopes authorised by the Commission in accordance with Article 132(7) or Article 133a(5) of Council Regulation (EC) No 73/2009 ([^E0024]) in 2013:

  • — 50 % in 2023,
  • — 45 % in 2024,
  • — 40 % in 2025,
  • — 35 % in 2026,
  • — 30 % in 2027.

For Cyprus, the percentage shall be calculated on the basis of the sector-specific financial envelopes set out in Annex XVIIa to Regulation (EC) No 73/2009.

TITLE IX GENERAL AND FINAL PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 148

Measures to resolve specific problems

1.

In order to resolve specific problems, the Commission shall adopt implementing acts which are both necessary and justifiable in an emergency. Such implementing acts may derogate from provisions of this Regulation to the extent and for such a period as is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

2.

On duly justified imperative grounds of urgency, and in order to resolve such specific problems as referred to in paragraph 1 while ensuring the continuity of the CAP Strategic Plan in the case of extraordinary circumstances, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 153(3).

3.

Measures adopted under paragraph 1 or 2 shall remain in force for a period not exceeding twelve months. If after this period the specific problems referred to in those paragraphs persist, the Commission may, in order to establish a permanent solution, submit an appropriate legislative proposal.

4.

The Commission shall inform the European Parliament and the Council of any measure adopted under paragraph 1 or 2 within two working days of its adoption.

Article 149

Application to the outermost regions and the smaller Aegean islands

1.

Title III, Chapter II, does not apply to the outermost regions.

2.

For direct payments granted in the outermost regions of the Union in accordance with Chapter IV of Regulation (EU) No 228/2013 and in the smaller Aegean islands in accordance with Chapter IV of Regulation (EU) No 229/2013, Article 3, points (1) and (2), Article 4(2), (3) and (5), Article 4(4), second subparagraph, Title III, Chapter I, Sections 2 and 3, and Title IX of this Regulation apply. Article 4(2), (3) and (5) and Title III, Chapter I, Section 2, apply without any obligations related to the CAP Strategic Plan.

CHAPTER II INFORMATION SYSTEM AND PROTECTION OF PERSONAL DATA

Article 150

Exchange of information and documents

1.

The Commission, in collaboration with Member States, shall establish an information system to enable the secure exchange of data of common interest between the Commission and each Member State.

2.

The Commission shall ensure that there is an appropriate secure electronic system in which key information and report on monitoring and evaluation can be recorded, maintained and managed.

3.

The Commission shall adopt implementing acts laying down rules for the operation of the system referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).

Article 151

Processing and protection of personal data

1.

Without prejudice to Articles 98, 99 and 100 of Regulation (EU) 2021/2116, Member States and the Commission shall collect personal data for the purpose of carrying out their respective management, control, monitoring and evaluation obligations under this Regulation, and in particular those laid down in Titles VI and VII, and shall not process those data in a way which is incompatible with this purpose.

2.

Where personal data are processed for monitoring and evaluation purposes under Title VII using the secure electronic system referred to in Article 150, they shall be made anonymous.

3.

Personal data, including when they are processed by providers of farm advisory services referred to in Article 15, shall be processed in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account the minimum retention periods laid down in the applicable national and Union law.

4.

Member States shall inform the data subjects that their personal data may be processed by national and Union bodies in accordance with paragraph 1 and that in this respect they enjoy the data protection rights provided by Regulations (EU) 2016/679 and (EU) 2018/1725.

CHAPTER III DELEGATED ACTS AND IMPLEMENTING ACTS

Article 152

Exercise of 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 4(8), Article 7(2), Article 13(3), Article 17(6), Article 35, Article 37(5), Article 38(5), Article 39(3), Articles 45, 56 and 84, Article 87(2), Article 89(4), Article 100(3) and Articles 116, 122 and 158 shall be conferred on the Commission for a period of seven years from 7 December 2021. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.

The delegation of powers referred to in Article 4(8), Article 7(2), Article 13(3), Article 17(6), Article 35, Article 37(5), Article 38(5), Article 39(3), Articles 45, 56 and 84, Article 87(2), Article 89(4), Article 100(3) and Articles 116, 122 and 158 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 powers 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.

Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.

A delegated act adopted pursuant to Article 4(8), Article 7(2), Article 13(3), Article 17(6), Article 35, Article 37(5), Article 38(5), Article 39(3), Articles 45, 56 and 84, Article 87(2), Article 89(4), Article 100(3) and Articles 116, 122 and 158 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.

Article 153

Committee procedure

1.

The Commission shall be assisted by a committee called ‘Common Agricultural Policy Committee’. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

In the case of acts referred to in Article 133 and Article 143(4) of this Regulation, where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.

3.

Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

CHAPTER IV TRANSITIONAL AND FINAL PROVISIONS

Article 154

Repeals

1.

Regulation (EU) No 1305/2013 is repealed with effect from 1 January 2023.

However, it shall, subject to Regulation (EU) 2020/2220 of the European Parliament and of the Council ([^E0025]), continue to apply to the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013 until 31 December 2025. It shall, under the same conditions, apply to expenditure incurred by the beneficiaries and paid by the paying agency in the framework of those rural development programmes until 31 December 2025.

Article 32 of, and Annex III to, Regulation (EU) No 1305/2013 shall continue to apply in respect of the designation of areas facing natural and other specific constraints. References to the rural development programmes shall be read as references to the CAP Strategic Plans.

Until the national and European CAP networks referred to in Article 126 of this Regulation are established, the European network for rural development, the European Innovation Partnership network and the national rural networks referred to in Articles 52, 53 and 54 of Regulation (EU) No 1305/2013 may carry out, in addition to the activities referred to in those Articles, the activities referred to in Article 126 and 127 of this Regulation.

When the national and European CAP networks referred to in Article 126 of this Regulation are established, they may carry out until 31 December 2025, in addition to the activities referred to in Articles 126 and 127 of this Regulation, the tasks referred to in Article 52(3), Article 53(3) and Article 54(3) of Regulation (EU) No 1305/2013 related to the implementation of the rural development programmes pursuant to that Regulation.

2.

Regulation (EU) No 1307/2013 is repealed with effect from 1 January 2023.

However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January 2023.

3.

The references made in this Regulation to Regulations (EC) No 73/2009 and (EU) No 1307/2013 shall be understood as being made to those Regulations such as they were in force before their repeal.

Article 155

Eligibility of certain types of expenditure relating to the CAP Strategic Plan period

1.

Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Article 31 of Regulation (EC) No 1257/1999 or in Article 39 or Article 43 of Regulation (EC) No 1698/2005 which are receiving support under Regulation (EU) No 1305/2013 may continue to be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:

  • (a) such expenditure is provided for in the relevant CAP Strategic Plan in accordance with this Regulation and complies with Regulation (EU) 2021/2116;
  • (b) the EAFRD contribution rate of the intervention set in the CAP Strategic Plan in accordance with this Regulation to cover those measures applies;
  • (c) the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116 applies to the legal commitments undertaken under measures that correspond to the area- and animal-based types of intervention listed in Title III, Chapters II and IV, of this Regulation and the relevant operations are clearly identified; and
  • (d) the payments for the legal commitments referred to in point (c) are made within the period laid down in Article 44(2) of Regulation (EU) 2021/2116.
2.

Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Article 23 of Regulation (EC) No 1698/2005 may continue to be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:

  • (a) such expenditure is notified to the Commission as an additional information in the part of the CAP Strategic Plan dedicated to the intervention strategy, referred to in Article 109, and by indicating the expenditure in the financial plan of the CAP Strategic Plan referred to in Article 112(2);
  • (b) it complies with Regulation (EU) No 1306/2013, which continues to apply to such expenditure in accordance with Article 104(1), second subparagraph, point (d), of Regulation (EU) 2021/2116; and
  • (c) the EAFRD contribution rate established in the CAP Strategic Plan pursuant to Article 91(2), point (d), of this Regulation applies.
3.

Expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 22, 28, 29, 33 and 34 of Regulation (EU) No 1305/2013 or the measure referred to in Article 31 of that Regulation may be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:

  • (a) such expenditure is provided for in the relevant CAP Strategic Plan in accordance with this Regulation and complies with Regulation (EU) 2021/2116;
  • (b) the EAFRD contribution rate of the intervention set in the CAP Strategic Plan in accordance with this Regulation to cover those measures applies;
  • (c) the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116 applies to the legal commitments undertaken under measures that correspond to the area- and animal-based types of intervention listed in Title III, Chapters II and IV, of this Regulation and the relevant operations are clearly identified; and
  • (d) the payments for the legal commitments referred to in point (c) of this paragraph are made within the period laid down in Article 44(2) of Regulation (EU) 2021/2116.
4.

Expenditure relating to legal commitments to beneficiaries incurred under the measures referred to in Articles 14 to 18, Article 19(1), points (a) and (b), and Articles 20, 23 to 27, 35, 38, 39 and 39a of Regulation (EU) No 1305/2013, Article 35 of Regulation (EU) No 1303/2013 and Article 4 of Regulation (EU) 2020/2220 after 31 December 2025 may be eligible for an EAFRD contribution in the CAP Strategic Plan period, subject to the following conditions:

  • (a) such expenditure is provided for in the relevant CAP Strategic Plan in accordance with this Regulation, with the exception of Article 73(3), first subparagraph, point (f), thereof,  and complies with Regulation (EU) 2021/2116;
  • (b) the EAFRD contribution rate of the intervention established in the CAP Strategic Plan in accordance with this Regulation to cover those measures applies.
5.

Expenditure relating to legal commitments to beneficiaries incurred under the multiannual measures referred to in Articles 28 and 29 of Regulation (EU) No 1305/2013 may be eligible for support from the EAGF in the CAP Strategic Plan period, subject to the following conditions:

  • (a) such expenditure is provided for in the relevant CAP Strategic Plan in accordance with Article 31(7), first subparagraph, point (b), of this Regulation and complies with Regulation (EU) 2021/2116;
  • (b) the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116 applies to the legal commitments undertaken under measures that correspond to eco-schemes referred to in Article 31 of this Regulation and the relevant operations are clearly identified;
  • (c) the payments for the legal commitments referred to in point (b) of this paragraph are made within the period laid down in Article 44(2) of Regulation (EU) 2021/2116.
Article 156

Transition for financial allocations for types of intervention in certain sectors

As from the date from which a CAP Strategic Plan has legal effects in accordance with Article 118(7) of this Regulation, the sum of the payments made in a financial year within each of the aid schemes referred to in Articles 29 to 31 and Articles 39 to 60 of Regulation (EU) No 1308/2013 and within each of the types of intervention for certain sectors referred to in Article 42, points (b) to (e), of this Regulation shall not exceed the financial allocations laid down in Article 88 of this Regulation for each financial year for each of those types of intervention.

Article 157

Eligibility of expenditure for multi-funded community-led local development

By way of derogation from Articles 86(1) and 118(7) of this Regulation, expenditure incurred under Article 31(2), point (c), and Article 31(3) of Regulation (EU) 2021/1060 in combination with Article 77(1), point (b), and Article 2(2) of this Regulation shall be eligible for a contribution from the EAFRD from the date of submission of the CAP Strategic Plan provided that the support is paid by the paying agency as of 1 January 2023. Regulation (EU) No 1306/2013 shall apply in respect of such expenditure from the date of submission of the CAP Strategic Plan until 31 December 2022.

Article 158

Transitional measures

The Commission is empowered to adopt delegated acts in accordance with Article 152 supplementing this Regulation with measures to protect any acquired rights and legitimate expectations of beneficiaries to the extent necessary for the transition from the arrangements provided for in Regulations (EU) No 1305/2013, (EU) No 1307/2013 and (EU) No 1308/2013 to those laid down in this Regulation. Those transitional rules shall in particular lay down the conditions under which support approved by the Commission under Regulations (EU) No 1305/2013 and (EU) No 1308/2013 may be integrated into support provided for under this Regulation, including for technical assistance and for the ex-post evaluations.

Article 160

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

IMPACT, RESULT, OUTPUT AND CONTEXT INDICATORS PURSUANT TO ARTICLE 7

Assessment of the performance of the policy (multi-annual) - IMPACT Objectives and the corresponding impact indicators [^E0026] Performance review - RESULT [^E0027] Only based on interventions supported by the CAP

Most of impact indicators are already collected via other channels (European statistics, Joint Research Centre, European Environment Agency, etc.) and used in the framework of other Union legislation or the Sustainable Development Goals. The data collection frequency is not always annual and there might be two or three years delay.

Proxies for results. Data notified annually by Member States to monitor the progress towards the targets they established in their CAP Strategic Plans. Result indicators which are mandatory for performance review when used by Member States in accordance with Article 109(1), point (a), are marked with PR. Member States may use for performance review any other relevant result indicator laid down in this Annex in addition to those marked with PR.

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