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Document 02022R1172-20230101
Commission Delegated Regulation (EU) 2022/1172 of 4 May 2022 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy and the application and calculation of administrative penalties for conditionality
Consolidated text: Commission Delegated Regulation (EU) 2022/1172 of 4 May 2022 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy and the application and calculation of administrative penalties for conditionality
Commission Delegated Regulation (EU) 2022/1172 of 4 May 2022 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy and the application and calculation of administrative penalties for conditionality
02022R1172 — EN — 01.01.2023 — 001.001
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COMMISSION DELEGATED REGULATION (EU) 2022/1172 of 4 May 2022 (OJ L 183 8.7.2022, p. 12) |
Amended by:
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COMMISSION DELEGATED REGULATION (EU) 2023/744 of 2 February 2023 |
L 99 |
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12.4.2023 |
COMMISSION DELEGATED REGULATION (EU) 2022/1172
of 4 May 2022
supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy and the application and calculation of administrative penalties for conditionality
CHAPTER I
SCOPE
Article 1
Scope
This Regulation lays down provisions supplementing certain non-essential elements of Regulation (EU) 2021/2116 in relation to:
the quality assessment of identification system for agricultural parcels referred to in Article 68(3), of geo-spatial application system referred to in Article 69(6) and of area monitoring system referred to in Article 70(2) of that Regulation;
the identification system for agricultural parcels referred to in Article 68 of that Regulation;
the application and calculation of administrative penalties for conditionality referred to in Article 85 of that Regulation.
CHAPTER II
INTEGRATED SYSTEM
Article 2
Identification system for agricultural parcels
In the identification system, for each reference parcel Member States shall at least:
determine a maximum eligible area for the purpose of the area-based interventions under the integrated system. In order to determine the maximum eligible area Member States shall deduct ineligible elements from the parcel by delineation, where possible. Member States shall define beforehand the criteria and procedures used to assess, quantify and where appropriate delineate the eligible and ineligible parts of the parcel. In determining the maximum eligible area, Member States may set a reasonable margin for correct quantification, to take account of the outline and condition of the parcel;
identify the agricultural area, as referred to in Article 4(3) of Regulation (EU) 2021/2115. Where applicable, Member States shall ensure the distinction of agricultural area in arable land, permanent crops and permanent grassland, including when they form agroforestry systems on that area, as determined in accordance with Article 4(3) of that Regulation by delineation;
as regards permanent grassland with scattered ineligible features and when Member States decide to apply a fixed reduction coefficients to determine the area considered eligible, as provided for in Article 4(4), point (b), third subparagraph of Regulation (EU) 2021/2115, register all relevant information;
include features and/or commitments that are relevant for the eligibility of area-based interventions and for conditionality requirements, and are stable in time. This information shall be recorded as attributes or layers in the identification system for agricultural parcels and at least the following shall be indicated:
the location of peatland or wetland area, where relevant, in accordance with GAEC standard 2 listed in Annex III to Regulation (EU) 2021/2115;
the type and location of landscape features on the parcel relevant for conditionality or interventions referred to in Article 65(2) and (3) of Regulation (EU) 2021/2116;
where applicable, locate and determine the size of the landscape features under GAEC standard 8 listed in Annex III to Regulation (EU) 2021/2115 relevant for the minimum share of agricultural area devoted to non-productive areas or features.
determine whether parcels are located in areas facing natural or other area-specific constraints as referred to in Article 71 of Regulation (EU) 2021/2115, or whether area-specific disadvantages resulting from certain mandatory requirements apply as referred to in Article 72 of that Regulation,
determine whether parcels are located in Natura 2000 areas, in areas covered by Directive 2000/60/EC of the European Parliament and of the Council ( 1 ), whether they are located on agricultural land authorised for cotton production pursuant to Article 37(1) of Regulation (EU) 2021/2115, on areas forming part of established local practices referred to in Article 4(3), point (c), second subparagraph, point (i), of that Regulation, on areas covered with permanent grasslands designated as environmentally sensitive pursuant to GAEC standard 9 listed in Annex III to Regulation (EU) 2021/2115, or in areas covered by Council Directive 92/43/EEC ( 2 ) or Directive 2009/147/EC of the European Parliament and of the Council ( 3 ).
Article 3
Quality assessment of the identification system for agricultural parcels
Member States shall annually carry out the quality assessment referred to in Article 68(3) of Regulation (EU) 2021/2116 for the purpose of the basic income support for sustainability. That quality assessment shall cover the following elements:
the correct quantification of the maximum eligible area;
the proportion and distribution of reference parcels where the maximum eligible area takes ineligible areas into account or where it does not take agricultural area into account;
the occurrence of reference parcels with critical defects;
the correct classification of agricultural area as arable land, permanent grassland or permanent crop in each reference parcel;
the ratio of area declarations per reference parcel;
the categorisation of reference parcels where the maximum eligible area takes ineligible areas into account, where it does not take agricultural area into account or reveals a critical defect;
the percentage of reference parcels which have been subject to change, accumulated over the regular update cycle.
Member States shall also ensure that all requests for the update of the identification system for agricultural parcels are carried out in a way that it is possible to trace whether they resulted from the area monitoring system, action of the beneficiary or from any other source.
Article 4
Quality assessment of the geo-spatial application system
The quality assessment shall comprise the following:
verification that the information used by the Member State to pre-fill the geo-spatial application was complete, correct and up-to-date;
verification by the Member State that the area declared by the beneficiary for an area-based intervention was correctly established in relation to the applicable eligibility conditions;
verification that, to the extent possible, all eligibility conditions of interventions and, where relevant conditionality requirements, were taken into account for the issuing of guiding alerts by the Member State to beneficiaries during the application process;
verification that all amendments of the geo-spatial application after its submission were registered by the Member State in a way that it is possible to trace if they resulted from an area monitoring system warning, an action of the beneficiary or from any other source.
Article 5
Quality assessment of the area monitoring system
At the level of interventions, the quality assessment shall comprise of the following:
quantification of errors due to incorrect decisions on eligibility conditions on parcels under an area-based intervention, irrespective whether the relevant decision was stemming from the area monitoring system or not. The result shall be expressed in hectares;
quantification of the number of parcels where the area monitoring system found a non-compliance with eligibility conditions and of the number of parcels not meeting the eligibility conditions after the latest date for amendments of aid applications.
CHAPTER III
APPLICATION AND CALCULATION OF ADMINISTRATIVE PENALTIES FOR CONDITIONALITY
Article 6
Definitions
For the purposes of this Chapter, the definitions in Title IV, Chapter IV of Regulation (EU) 2021/2116 shall apply.
The following definitions shall also apply:
‘non-compliance’ means: non-compliance with the statutory management requirements under Union legislation referred to in Article 12(4) of Regulation (EU) 2021/2115, or with the standards for good agricultural and environmental condition of land set by the Member States in accordance with Article 13 of that Regulation;
‘standards’ means any of the standards as set by the Member States in accordance with Article 13 of Regulation (EU) 2021/2115;
‘year of the finding’ means the calendar year in which the administrative or on-the-spot check was carried out;
‘areas of conditionality’ means any of the three different areas referred to in Article 12(1) of Regulation (EU) 2021/2115.
Article 7
General principles concerning non-compliances
Article 8
General principles of administrative penalties
Article 9
Percentages of reductions in the case of non-intentional non-compliance
Article 10
Percentages of reductions in the case of intentional non-compliance
The percentage reduction for a determined intentional non-compliance shall be at least 15 % of the total amount resulting from the payments and support referred to in Article 83(1), points (a), (b) and (c), of Regulation (EU) 2021/2116. On the basis of the assessment of the non-compliance provided by the competent control authority taking into account the criteria referred to in Article 85(1), second subparagraph, of that Regulation the paying agency may decide to increase that percentage to up to 100 %.
Article 11
Calculation of reductions for several non-compliances in the same calendar year of occurrence
Where more than one determined non-recurring non-intentional non-compliances have occurred in the same calendar year, the procedure for the fixing of the reduction shall be applied individually to each non-compliance and the resulting percentages shall be added together. However the total reduction shall not exceed:
5 % of the total amount resulting from the payments and support referred to in Article 83(1), points (a), (b) and (c), of Regulation (EU) 2021/2116 where none of the non-compliances has grave consequences for the achievement of the objective of the standard or requirement concerned or constitutes a direct risk to public or animal health; or,
10 % of the total amount resulting from the payments and support referred to in Article 83(1), points (a), (b) and (c), of Regulation (EU) 2021/2116 where at least one non-compliance has grave consequences for the achievement of the objective of the standard or requirement concerned or constitutes a direct risk to public or animal health.
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
Article 12
Transitional provisions
By way of derogation from Article 104(1), second subparagraph, point (a)(iv), of Regulation (EU) 2021/2116, checks on compliance with the rules on conditionality, as referred to in Article 83 of that Regulation, shall be carried out on areas supported on the basis of Article 21(1), points (a) and (b), and Articles 28, 29, 30, 31 and 34 of Regulation (EU) No 1305/2013 through rural development programmes implemented until 31 December 2025 under that Regulation, when the beneficiary concerned receives area-based payments also under the CAP Strategic Plan pursuant to Regulation (EU) 2021/2115.
The conditionality checks referred to in the first paragraph shall be deemed to cover the checks on cross-compliance referred to in Article 96 of Regulation (EU) No 1306/2013, unless they reveal non-compliances with conditionality rules. If the rules on conditionality are not complied with, the Member State shall carry out checks in accordance with that Article to area-based measures in the rural development programmes and, where irregularities are found, apply the rules on calculation and application of administrative penalties laid down in Regulation (EU) No 1306/2013.
Article 13
Repeal
Delegated Regulation (EU) No 640/2014 is repealed with effect from 1 January 2023.
However, it shall continue to apply to:
aid applications for direct payments lodged before 1 January 2023;
payment claims made in relation to support measures implemented under Regulation (EU) No 1305/2013;
the control system and administrative penalties as regards rules on cross-compliance.
Article 14
Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
( 2 ) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
( 3 ) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
( 4 ) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
( 5 ) Commission Implementing Regulation (EU) 2022/128 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council on paying agencies and other bodies, financial management, clearance of accounts, checks, securities and transparency (OJ L 20, 31.1.2022, p. 131).