Commission Delegated Regulation (EU) 2022/2528 of 17 October 2022 amending Delegated Regulation (EU) 2017/891 and repealing Delegated Regulations (EU) No 611/2014, (EU) 2015/1366 and (EU) 2016/1149 applicable to aid schemes in certain agricultural sectors

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 ¹, and in particular Article 30, Article 37, points (a)(i), (ii), (iii) and (vi), (b), (c), (d) and (e)(i), Article 53 and Articles 56(1), 223(2) and 231(1) thereof,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council 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 ², and in particular Articles 62(1), 63(4), 64(6) and 106(5) thereof,

Whereas:

• (1) Regulation (EU) 2021/2115 of the European Parliament and of the Council ³ lays down a new legal framework for the common agricultural policy (CAP) to improve its delivery on the Union’s objectives set out in the Treaty on the Functioning of the European Union. That Regulation further specifies these Union objectives to be achieved by the CAP and defines the types of intervention as well as the common Union requirements applicable to Member States, while leaving flexibility for Member States in the design of the interventions to be provided in their CAP Strategic Plans for the period 1 January 2023 to 31 December 2027.

• (2) Regulation (EU) 2021/2115 sets out all types of intervention in certain agricultural sectors referred to in Regulation (EU) No 1308/2013. As a consequence, Regulation (EU) 2021/2117 of the European Parliament and of the Council ⁴ deletes the provisions on aid in the olive oil and table olive sector, in the fruit and vegetables sector, in the wine sector, in the apiculture sector and in the hops sector laid down in Regulation (EU) No 1308/2013 with effect from 1 January 2023.

• (3) In that context, the Commission has adopted additional requirements pursuant to Regulation (EU) 2021/2115 for the design of the interventions to be specified in the CAP Strategic Plans, namely by Commission Delegated Regulation (EU) 2022/126 ⁵. That Delegated Regulation replaces the rules currently laid down in Commission Delegated Regulations (EU) No 611/2014 ⁶, (EU) 2015/1366 ⁷, (EU) 2016/1149 ⁸ and (EU) 2017/891 ⁹.

• (4) Delegated Regulations (EU) 2015/1366, (EU) 2016/1149 and (EU) 2017/891 contain certain provisions related to checks, controls, penalties or specification of the operative event as regards aid in the fruit and vegetables sector, in the apiculture sector and in the wine sector that were adopted on the basis of Regulation (EU) No 1306/2013.

• (5) Regulation (EU) 2021/2116 of the European Parliament and of the Council ¹⁰ lays down rules on the financing, management and monitoring of the common agricultural policy and repeals Regulation (EU) No 1306/2013. In accordance with the approach introduced by Regulation (EU) 2021/2115 for the delivery of the Union objectives, that Regulation also leaves more flexibility to Member States, in particular as regards the checks and controls to be carried out and the penalties to be imposed.

• (6) Consequently, the relevant Articles of, and Annexes to, Delegated Regulation (EU) 2017/891 should be deleted with effect from 1 January 2023. However, in accordance with Article 5(4) and (6), point (c), of Regulation (EU) 2021/2117 and in accordance with Article 104(1), point (a)(ii) and (iii), of Regulation (EU) 2021/2116, they should continue to apply as regards expenditure incurred and payments made for operations implemented before 1 January 2023 within the aid scheme in the fruit and vegetables sector and as regards operational programmes that continue to operate until their end, including those operational programmes which Member States have approved in 2022 in accordance with Regulation (EU) No 1308/2013 and Delegated Regulation (EU) 2017/891 before 1 January 2023.

• (7) Delegated Regulations (EU) No 611/2014 and (EU) 2015/1366 should be repealed with effect from 1 January 2023. However, in accordance with Article 5(4) of Regulation (EU) 2021/2117, they should continue to apply as regards expenditure incurred and payments made for operations implemented before 1 January 2023 within the aid schemes in the olive oil and table olives sector and the apiculture sector, respectively.

• (8) In accordance with Article 5(7) of Regulation (EU) 2021/2117, Delegated Regulation (EU) 2016/1149 should be repealed with effect from 16 October 2023 and continue to apply as regards expenditure incurred and payments made for operations implemented before 16 October 2023 within the support programmes in the wine sector and as regards expenditure incurred and payments made for operations implemented pursuant to Articles 46 and 50 of Regulation (EU) No 1308/2013 before 16 October 2025, provided that the conditions set out in Article 5(7) of Regulation (EU) 2021/2117 have been fulfilled,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Delegated Regulation (EU) 2017/891 and transitional provisions

Article 2 , points (f) to (m), Articles 22 to 54, Articles 56, 57 and 58, Article 59(7) and (8), Articles 60 to 67, Article 76, Article 77, point (a), and Articles 78, 79 and 80 of Delegated Regulation (EU) 2017/891 and Annexes I, II, III, IV and V to that Regulation are deleted with effect from 1 January 2023.

However, those deleted Articles and Annexes shall continue to apply:

• (a) as regards expenditure incurred and payments made for operations implemented before 1 January 2023 within the aid scheme referred to in Articles 32 to 38 of Regulation (EU) No 1308/2013;

• (b) as regards operational programmes that continue to operate until their end under the conditions applicable under Regulation (EU) No 1308/2013 in accordance with Article 5(6), point (c), of Regulation (EU) 2021/2117 or that Member States have approved in accordance with Regulation (EU) No 1308/2013 and Delegated Regulation (EU) 2017/891 before 1 January 2023.

Article 2

Repeal of Delegated Regulations (EU) No 611/2014, (EU) 2015/1366 and (EU) 2016/1149 and transitional provisions

However, it shall continue to apply as regards expenditure incurred and payments made for operations implemented before 1 January 2023 within the aid scheme referred to in Articles 29, 30 and 31 of Regulation (EU) No 1308/2013.

However, it shall continue to apply as regards expenditure incurred and payments made for operations implemented before 1 January 2023 within the aid scheme referred to in Articles 55, 56 and 57 of Regulation (EU) No 1308/2013.

However, it shall continue to apply as regards:

• (a) expenditure incurred and payments made for operations implemented pursuant to Regulation (EU) No 1308/2013 before 16 October 2023 within the aid scheme referred to in Articles 39 to 52 of that Regulation;

• (b) expenditure incurred and payments made for operations implemented pursuant to Articles 46 and 50 of Regulation (EU) No 1308/2013 before 16 October 2025, provided that by 15 October 2023 such operations have been partially implemented and the expenditure incurred amounts to at least 30 % of the total planned expenditure and that such operations are fully implemented by 15 October 2025.

Article 3

Entry into force

This Regulation shall enter into force on the seventh 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.

Done at Brussels, 17 October 2022.

For the Commission

The President

Ursula VON DER LEYEN