Commission Delegated Regulation (EU) 2026/174 of 21 January 2026 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with regard to procedures and time limits for the submission by Member States of requests for strategic amendments and for notifications of other amendments of CAP Strategic Plans

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 122 thereof,

Whereas:

(1) Article 119 of Regulation (EU) 2021/2115 lays down rules on the submission and approval of amendments of CAP Strategic Plans.

(2) Commission Delegated Regulation (EU) 2023/370 (2) supplements Regulation (EU) 2021/2115 with regard to procedures, time limits for submission by Member States of requests for amendments of CAP Strategic Plans, and further cases for which the maximum number of amendments of CAP Strategic Plans does not apply.

(3) Regulation (EU) 2025/2649 of the European Parliament and of the Council (3) amended Article 119 of Regulation (EU) 2021/2115 as regards procedures for amendments of CAP Strategic Plans. Only strategic amendments defined in Article 119(2) of Regulation (EU) 2021/2115 require the approval by the Commission. In accordance with Article 119(9) of Regulation (EU) 2021/2115 as amended by Regulation (EU) 2025/2649 other amendments of CAP Strategic Plans are to be notified to the Commission by the time the Member States start applying them. The Commission is to object to the notified amendments within 30 working days from their notification if it finds that the amendments are not compatible with Regulation (EU) 2021/2115 and Regulation (EU) 2021/2116 of the European Parliament and of the Council (4), as well as with the delegated and implementing acts adopted pursuant to those Regulations.

(4) In order to enable Member States to submit requests for strategic amendments of their CAP Strategic Plans, it is necessary to set out the procedures and time limits for the submission of requests for strategic amendments.

(5) In order for the Commission to correctly assess the request for a strategic amendment of the CAP Strategic Plan, the request should contain, in addition to the information laid down in Article 119(2) of Regulation (EU) 2021/2115, for each strategic amendment of the CAP Strategic Plan, the reasons for the amendment, the content of the amendment, and the expected effects of the amendment.

(6) In order to ensure a thorough assessment of the strategic amendments of the CAP Strategic Plan submitted to the Commission for approval, and in particular of the amended financial plan, and to avoid the risk of errors due to multiple versions of CAP Strategic Plans undergoing a parallel assessment, the Member State should submit through the electronic data exchange system ‘SFC2021’ only one request for a strategic amendment at a time. The Member State should only submit a new request for a strategic amendment once it has either withdrawn the previous request, or once the Commission has notified the Member State of its decision on the previously submitted request for a strategic amendment. This is necessary to ensure legal certainty for the beneficiaries as regards the applicable version of the CAP Strategic Plan and for the correct linking of payments with the newly applicable amended financial plan.

(7) It is necessary to lay down detailed rules on notifications to the Commission of amendments of CAP Strategic Plans other than those referred to in Article 119(2) of Regulation (EU) 2021/2115, supplementing the rules laid down in Article 119(9) of that Regulation.

(8) In order to ensure a smooth handling of requests for strategic amendments and notifications of other amendments of CAP Strategic Plans, rules on the handling of simultaneously submitted requests for a strategic amendment and notifications of other amendments should be laid down. To simplify and accelerate the handling of other amendments to the CAP Strategic Plans, the Member State should have the possibility to include the notified other amendments to which the Commission objected in accordance with Article 119(9), third subparagraph, of Regulation (EU) 2021/2115 in an ongoing request for a strategic amendment. To ensure that the Commission has sufficient time to carry out a thorough assessment of the request for a strategic amendment to which such notified other amendments to which the Commission objected are added, the Member State should be required to inform the Commission within two working days from the receipt of the Commission objections of a decision to add such notified other amendments to a request for a strategic amendment that was submitted at the same time as or after the notification of those other amendments to the Commission. It is also necessary to lay down rules concerning Commission observations in case other amendments to which the Commission previously objected were to be added to an ongoing request for a strategic amendment. Furthermore, rules should be laid down concerning the calculation of the time limits for Commission action in respect to requests for a strategic amendment to which other amendments to which the Commission objected are added.

(9) To ensure legal certainty, to protect the rights of farmers and other beneficiaries and to guarantee a smooth and efficient functioning of all interventions, Member States should submit their requests for a strategic amendment of the CAP Strategic Plan and their notifications of other amendments to the CAP Strategic Plans so as to allow sufficient time for their assessment by the Commission while ensuring that they enter in effect, in particular in respect to farmers and other beneficiaries, in accordance with the requirements laid down in Article 119(8) of Regulation (EU) 2021/2115.

(10) To ensure the timely processing and entry into force of amendments of CAP Strategic Plans before the end of the period for eligibility of the expenditure, it is necessary to lay down time limits for the submission of requests for strategic amendments and notifications of other amendments of CAP Strategic Plans related to the types of interventions referred to in Article 42 of Regulation (EU) 2021/2115 and related to the types of interventions referred to in Chapter IV of that Regulation.

(11) It is necessary to lay down a time limit for the submission of requests for a strategic amendment of the CAP Strategic Plan relating to the transfer of financial allocations pursuant to Article 17(5), Article 88(7) and Article 103(1) and (6) of Regulation (EU) 2021/2115, in order to ensure the timely implementation of those transfers of financial allocations as well as the implementation of interventions financed from those financial allocations.

(12) To ensure a secure and efficient exchange of documents between the Member States and the Commission regarding requests for strategic amendments and notifications of other amendments of CAP Strategic Plans, the electronic data exchange system ‘SFC2021’ referred to in Article 3 of Commission Implementing Regulation (EU) 2021/2289 (5) should be used for those exchanges by the Commission and the Member States.

(13) To ensure flexibility for Member States where CAP Strategic Plans need to be amended because of emergency measures addressing natural disasters, catastrophic events or adverse climatic events formally recognized as such by the competent national public authority, changes due to significant and sudden change in the socioeconomic conditions of the Member State or region, or changes due to exceptional measures against market disturbances, animal diseases and plant pests and to effectively and timely process those requests for a strategic amendment of the CAP Strategic Plan, it is necessary to define the cases for which the maximum number of requests for a strategic amendment of the CAP Strategic Plan laid down in Article 119(7) of Regulation (EU) 2021/2115 does not apply. These cases should include unforeseen changes of the Union legal framework, and, where necessary, automatic decommitments, as well as modifications of financial instruments which operate under a dynamic market environment where regular changes may be necessary for the proper implementation of these financial instruments. Furthermore, requests for strategic amendments containing only notified other amendments to which the Commission objected in accordance with Article 119(9) of Regulation (EU) 2021/2115 should not count for the maximum number of requests for a strategic amendment of the CAP Strategic Plan laid down in Article 119(7) of that Regulation.

(14) Delegated Regulation (EU) 2023/370 should therefore be repealed. To ensure the effective implementation of Article 3 of Regulation (EU) 2025/2649, which lays down transitional provisions concerning requests for amendment of CAP Strategic Plans submitted pursuant to Article 119 of Regulation (EU) 2021/2115 as applicable before the entry into force of Regulation (EU) 2025/2649, that Delegated Regulation should continue to apply to requests for amendment of the CAP Strategic Plan submitted by Member States to the Commission before 1 January 2026.

(15) A transitional provision should be laid down to ensure that requests for strategic amendment of the CAP Strategic Plan may only be submitted once a request for amendment submitted before 1 January 2026 is withdrawn or after the Commission notifies to the Member State its decision concerning that request for amendment.

(16) To enable Member States to submit requests for strategic amendment and notifications of other amendments of CAP Strategic Plans containing all the necessary information as soon as possible after the entry into force of Regulation (EU) 2025/2649 and to enable the Commission to assess and process such requests for strategic amendment and notifications of other amendments effectively within the time limits laid down in Article 119 of Regulation (EU) 2021/2115, rules on the submission of notifications and requests for strategic amendment of the CAP Strategic Plans, time limits for submission of requests for strategic amendment and notification of other amendments of the CAP Strategic Plans as well as rules concerning further cases of requests for a strategic amendment of the CAP Strategic Plan that do not count for the maximum number of the requests for strategic amendment contained in this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(17) In order to allow Member States to start amending their CAP Strategic Plans in line with Article 119 of Regulation (EU) 2021/2115, as amended by Article 1, point (28) of Regulation (EU) 2025/2649, the electronic data exchange system ‘SFC2021’ referred to in Article 3 of Implementing Regulation (EU) 2021/2289 is to be re-designed. To ensure a secure and efficient exchange of documents between the Member States and the Commission regarding requests for strategic amendments and notifications of other amendments of CAP Strategic Plans, the Member States should be able to start using the new version of the electronic data exchange system ‘SFC2021’ as of 1 January 2026, which is the date of entry into force of Regulation (EU) 2025/2649. Considering that this Regulation lays down rules on procedure and on time limits for requests for a strategic amendment of CAP Strategic Plans and of notifications of other amendments of CAP Strategic Plans, for which the new electronic data exchange system ‘SFC2021’ shall be used, this Regulation should apply from the same date as the date of entry into force of Regulation (EU) 2025/2649, notably 1 January 2026, to ensure a smooth and timely preparation and submission of the strategic amendments and notification of other amendments via ‘SFC 2021’ and to ensure transparency towards farmers, stakeholders and the public,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation supplements Regulation (EU) 2021/2115 with regard to:

(a) procedures for the submission of requests for strategic amendments of CAP Strategic Plans and procedures for notifications of other amendments of CAP Strategic Plans;

(b) time limits for the submission of requests for strategic amendments of CAP Strategic Plans and for notifications of other amendments of CAP Strategic Plans;

(c) further cases for which the maximum number of requests for strategic amendments of CAP Strategic Plans referred to in Article 119(7) of Regulation (EU) 2021/2115 does not apply.

Article 2

Rules on the procedure for the submission of requests for strategic amendments

(a) an indication of the part of the CAP Strategic Plan that is amended;

(b) the reasons that justify the strategic amendment;

(c) the impact of the strategic amendment on achieving the specific objectives referred to in Article 6(1) and (2) of Regulation (EU) 2021/2115;

(d) the impact of the strategic amendment on milestones, targets and indicators;

(e) the impact of the strategic amendment on the financing plan;

(f) where applicable, a justification of how a previously notified amendment to which the Commission objected in accordance with Article 119(9), third subparagraph, of Regulation (EU) 2021/2115, was adjusted to address those objections;

(g) an opinion of the Monitoring Committee on a proposal by the managing authority for strategic amendment of a CAP Strategic Plan and, as regards a proposal for strategic amendment of a CAP Strategic Plan related to the EAGF, on the date of effect of the strategic amendment proposed by the managing authority, in accordance with Article 124(4), point (d), of Regulation (EU) 2021/2115.

Article 3

Rules on the procedure for the submission of notifications of other amendments pursuant to Article 119(9) of Regulation (EU) 2021/2115

(a) the description of each proposed other amendment, together with an indication in which part of the CAP Strategic Plan each proposed other amendment is made;

(b) the reasons that justify the proposed other amendments and their expected effects;

(c) a justification why the proposed modification is outside the scope of Article 119(2) of Regulation (EU) 2021/2115;

(d) for amendments in relation to the Good agricultural and environmental condition (‘GAEC’) standards 1 and 4, the specific justification referred to in Article 119(9), second subparagraph, of Regulation (EU) 2021/2115;

(e) the date or dates of application of the proposed other amendments in the Member State;

(f) an opinion of the Monitoring Committee on a proposal by the managing authority for other amendment of a CAP Strategic Plan in accordance with Article 124(4), point (d), of Regulation (EU) 2021/2115.

Article 4