Commission Delegated Regulation (EU) 2022/42 of 8 November 2021 amending Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council as regards the national and net ceilings for direct payments for certain Member States for calendar year 2022

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 ¹, and in particular Articles 6(3) and 7(3) thereof,

Whereas:

• (1) In accordance with Article 11(1) of Regulation (EU) No 1307/2013, Member States are to reduce the amount of direct payments to be granted to a farmer for a given calendar year, pursuant to Chapter 1 of Title III of that Regulation, by at least 5 % for the part of the amount exceeding EUR 150 000. In accordance with Article 7(2) of that Regulation, the estimated product of that reduction is to be made available as additional support for measures under rural development.

• (2) In accordance with Article 11(6), fourth subparagraph, of Regulation (EU) No 1307/2013, the Member States notified the Commission by 1 August 2021 of their decision with regard to the reduction of the amount of direct payments and the resulting estimated product of reduction for calendar year 2022. The notifications of Bulgaria, Czechia, Denmark, Estonia, Ireland, Greece, Spain, Italy, Latvia, Hungary, the Netherlands, Poland, Portugal, Slovakia and Finland indicated an estimate bigger than zero.

• (3) In accordance with Article 14(1), seventh subparagraph, of Regulation (EU) No 1307/2013, Belgium, Czechia, Denmark, Germany, Greece, France, Latvia and the Netherlands notified the Commission by 1 August 2021 of their decision to make available as additional support financed under the European Agricultural Fund for Rural Development (EAFRD) in financial year 2023 a certain percentage of their annual national ceilings for calendar year 2022.

• (4) In accordance with Article 14(2), seventh subparagraph, of Regulation (EU) No 1307/2013, Croatia, Luxembourg, Hungary, Malta, Poland and Portugal notified the Commission by 1 August 2021 of their decision to make available as direct payments for calendar year 2022 a certain percentage of their 2023 EAFRD allocation.

• (5) It is therefore necessary to adapt Annexes II and III to Regulation (EU) No 1307/2013 so that the annual national ceilings and the annual net ceilings for direct payments reflect the decisions taken by Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Latvia, Luxembourg, Hungary, Malta, the Netherlands, Poland, Portugal, Slovakia and Finland.

• (6) Annexes II and III to Regulation (EU) No 1307/2013 should therefore be amended accordingly.

• (7) As the amendments made by this Regulation affect the application of Regulation (EU) No 1307/2013 for the year 2022, this Regulation should apply from 1 January 2022,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and III to Regulation (EU) No 1307/2013 are amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from 1 January 2022.

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

Done at Brussels, 8 November 2021.

For the Commission

The President

Ursula VON DER LEYEN

ANNEX

Annexes II and III to Regulation (EU) No 1307/2013 are amended as follows:

• (1) in Annex II, the column for calendar year 2022 is replaced by the following:

• (2) in Annex III, the column for calendar year 2022 is replaced by the following: