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
Greece, France and Italy shall ensure that the expenditure on the types of intervention referred to in Article 47(2), points (f), (g) and (h), does not exceed one third of the total expenditure under each operational programme as set out in their CAP Strategic Plans.
Section 7 Other sectors
Article 66
Objectives in other sectors
Member States may choose in their CAP Strategic Plans those sectors referred to in Article 42, point (f), in which they implement the types of intervention laid down in Article 47. For each sector that Member States choose, they shall pursue one or more of the objectives set out in Article 46, points (a) to (h), (j) and (k). Member States shall substantiate their choice of sectors and objectives.
Article 67
Types of intervention in other sectors
For each sector chosen in accordance with Article 66, Member States shall choose one or more of the types of intervention referred to in Article 47 to be implemented through approved operational programmes drawn up by:
- (a) producer organisations and their associations recognised under Regulation (EU) No 1308/2013 or under paragraph 7 of this Article; or
- (b) cooperatives, as well as other forms of cooperation between producers constituted at the initiative of producers and controlled by them, that have been identified by the competent authority of a Member State as producer groups, for a transitional period of up to four years from the start of an approved operational programme ending on 31 December 2027 at the latest.
Member States shall set the criteria for being identified as producer groups and shall determine the activities and objectives of the producer groups referred to in paragraph 1, point (b), with the aim that those producer groups be able to meet the requirements for recognition as producer organisations under Articles 152 to 154 or 161 of Regulation (EU) No 1308/2013 or under paragraph 7 of this Article.
Producer groups referred to in paragraph 1, point (b), shall, in addition to an operational programme, draw up and submit a recognition plan with a view to fulfilling, within the transitional period referred to in that point, the requirements laid down in Articles 152 to 154 or 161 of Regulation (EU) No 1308/2013 or under paragraph 7 of this Article for recognition as producer organisations.
The recognition plan shall set activities and targets to ensure the progress towards obtaining such recognition.
The support granted to a producer group that is not recognised as a producer organisation by the end of the transitional period shall be subject to recovery.
Member States shall substantiate their choice of types of intervention referred to in paragraph 1.
Member States that decide to implement types of intervention provided for in this Section for products listed in Annex VI shall specify, for each sector they choose, the list of products covered by that sector.
Types of intervention referred to in Article 47(2), points (c) and (f) to (i), shall not apply to cotton, rape and colza seeds, sunflower seeds and soya beans included in Annex VI.
The operational programmes referred to in paragraph 1 shall fulfil the conditions laid down in Article 50(2), (4), (5), (6) and (8).
Member States which choose to implement types of intervention referred to in Article 42, point (f), in the cotton sector shall recognise producer organisations in that sector and associations of such producer organisations in accordance with the requirements and using the procedures laid down in Article 152(1) and in Articles 153 to 156 of Regulation (EU) No 1308/2013. Producer groups of cotton and federations of such producer groups recognised by Member States in accordance with the Protocol No 4 to the 1979 Act of Accession of the Hellenic Republic before the entry into application of this Regulation are, for the purposes of this Section, considered to be producer organisations or associations of producer organisations, respectively.
Member States shall ensure that the expenditure on the types of intervention referred to in Article 47(2), points (f), (g) and (h), does not exceed one third of the total expenditure under each operational programme as set out in their CAP Strategic Plans.
Article 68
Union financial assistance
The Union financial assistance shall be limited to 50 % of the actual expenditure incurred for the types of intervention referred to in Article 67. The remaining part of the expenditure shall be borne by the beneficiaries.
The Union financial assistance shall be paid to operational funds set up by producer organisations or their associations recognised under Regulation (EU) No 1308/2013 or under Article 67(7) of this Regulation or by producer groups referred to in Article 67(1), point (b) of this Regulation. For this purpose, Article 51 and Article 52(1) of this Regulation shall apply mutatis mutandis.
The 50 % limit provided for in paragraph 1 shall be increased to 60 % for producer organisations or associations of producer organisations recognised under Regulation (EU) No 1308/2013 or under Article 67(7) of this Regulation for the first five years after the year of recognition.
2a. Article 52(3), points (a) to (d), (f), (g) and (h) and Article 52(5a) and (7) shall apply mutatis mutandis.
The Union financial assistance shall be limited to 6 % of the value of marketed production of:
- (a) each producer organisation or association of producer organisations referred to in Article 67(1), point (a); or
- (b) each producer group referred to in Article 67(1), point (b).
CHAPTER IV TYPES OF INTERVENTION FOR RURAL DEVELOPMENT
Section 1 Types of intervention
Article 69
Types of intervention for rural development
The types of intervention under this Chapter shall consist in payments or support with regard to:
- (a) environmental, climate-related and other management commitments;
- (b) natural or other area-specific constraints;
- (c) area-specific disadvantages resulting from certain mandatory requirements;
- (d) investments, including investments in irrigation;
- (e) setting-up of young farmers and new farmers, rural business start-ups and the business development of small farms;
- (f) risk management tools;
- (g) cooperation;
- (h) knowledge exchange and dissemination of information;
- (i) crisis payments to farmers following natural disasters, adverse climatic events or catastrophic events;
- (j) support to farmers affected by the severe increase in fertiliser prices due to the Middle East crisis.
Article 70
Environmental, climate-related and other management commitments
Member States shall include agri-environment-climate commitments among the interventions in their CAP Strategic Plans and may include other management commitments therein. The payments for those commitments shall be granted under the conditions set out in this Article and as further specified in the CAP Strategic Plans.
Member States shall grant payments only to farmers or other beneficiaries who undertake, on a voluntary basis, management commitments which are considered to be beneficial to achieving one or more of the specific objectives set out in Article 6(1) and (2).
Under this Article, Member States shall provide payments only for commitments which:
- (a) go beyond the relevant statutory management requirements and GAEC standards established under Chapter I, Section 2;
- (b) go beyond the relevant minimum requirements for the use of fertiliser and plant protection products or for animal welfare, as well as other relevant mandatory requirements established by national and Union law; that requirement does not apply to commitments related to agroforestry systems and the maintenance of afforested areas;
- (c) go beyond the conditions established for the maintenance of the agricultural area in accordance with Article 4(2);
- (d) are different from commitments in respect of which payments are granted under Article 31.
For commitments referred to in the first subparagraph, point (b), where national law imposes requirements which go beyond the corresponding mandatory minimum requirements laid down in Union law, support may be granted for commitments contributing to compliance with those requirements.
By way of derogation from the first subparagraph, Member States may decide to exclude from the requirement laid down in the first subparagraph, point (a), GAEC standards 2 and 9 established under Chapter I, Section 2, of this Title.
Member States shall determine the payments to be made on the basis of the additional costs incurred and income foregone resulting from the commitments made, taking into account the targets set. Those payments shall be granted annually and may also cover transaction costs. In duly justified cases, Member States may grant support as a one-off payment per unit.
Member States may promote and support collective schemes and result-based payment schemes to encourage farmers or other beneficiaries to deliver a significant enhancement of the quality of the environment at a larger scale or in a measurable way.
Commitments shall be undertaken for a period of five to seven years.
However, Member States may in their CAP Strategic Plans determine:
- (a) a longer period for particular types of commitment, including by means of providing for their annual extension after the termination of the initial period, where such longer period is necessary in order to achieve or maintain certain environmental or animal welfare benefits;
- (b) a shorter period of at least one year for animal welfare commitments, for commitments for the conservation, sustainable use and development of genetic resources, for conversion to organic farming, for new commitments directly following the commitment performed in the initial period or in other duly justified cases.
Member States shall ensure that a revision clause is provided for operations implemented under the type of intervention referred to in this Article in order to ensure their adjustment in consequence of amendments to the relevant mandatory standards, requirements or obligations referred to in paragraph 3 beyond which the commitments have to go or to ensure compliance with the first subparagraph, point (d), of that paragraph. If such adjustment is not accepted by the beneficiary, the commitment shall expire and no reimbursement of payments under this Article shall be required in respect of the period during which the commitment was effective.
Member States shall also ensure that a revision clause is provided for operations implemented under the type of intervention referred to in this Article which extend beyond the CAP Strategic Plan period in order to allow for their adjustment to the legal framework applicable in the following period.
Where support under this Article is granted to agri-environment-climate commitments or commitments to convert to or maintain organic farming practices and methods as laid down in Regulation (EU) 2018/848, Member States shall establish a payment per hectare, or where appropriate, per beehive, as defined in the delegated act referred to in Article 56, point (b), of this Regulation. For other commitments, Member States may apply units other than hectares. In duly justified cases, Member States may grant support under this Article as a lump sum.
By way of derogation from the first subparagraph of this paragraph, support for agri-environment-climate commitments beneficial for the climate and commitments to convert to or maintain organic farming practices and methods as laid down in Regulation (EU) 2018/848 may take the form of a payment for the livestock units.
Member States shall ensure that persons carrying out operations under this type of intervention have access to the relevant knowledge and information required to implement such operations, and that, in order to assist farmers who commit to change their production systems, appropriate training is made available for those who require it, as well as access to expertise.
Member States shall ensure that interventions under this Article are consistent with those based on Article 31.
Where a Member State has taken the decision referred to in Article 4(3), point (c), second subparagraph, it shall ensure that such decision does not affect ongoing multiannual commitments undertaken under this Article.
Article 71
Natural or other area-specific constraints
Member States may grant payments for natural or other area-specific constraints under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of one or more of the specific objectives set out in Article 6(1) and (2).
Payments under this Article shall be granted to active farmers in respect of areas designated pursuant to Article 32 of Regulation (EU) No 1305/2013.
Member States may carry out a fine-tuning exercise in accordance with the conditions provided for in Article 32(3), third subparagraph, of Regulation (EU) No 1305/2013.
Member States may grant payments under this Article only in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area-specific constraints in the area concerned.
Additional costs and income foregone as referred to in paragraph 4 shall be calculated in respect of natural or other area-specific constraints, in comparison to areas which are not affected by natural or other area-specific constraints.
Payments under this Article shall be granted annually per hectare of agricultural area.
Article 72
Area-specific disadvantages resulting from certain mandatory requirements
Member States may grant payments for area-specific disadvantages imposed by requirements resulting from the implementation of Directives 92/43/EEC, 2009/147/EC or 2000/60/EC under the conditions set out in this Article and as further specified in their CAP Strategic Plans with the view of contributing to the achievement of one or more of the specific objectives set out in Article 6(1) and (2).
Payments under this Article shall be granted to farmers, forest holders and their associations as well as other land managers.
When determining areas with disadvantages, Member States may include one or more of the following areas:
- (a) Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC;
- (b) other delimited nature protection areas with environmental restrictions applicable to farming or forestry which contribute to the implementation of Article 10 of Directive 92/43/EEC, provided that those areas do not exceed 5 % of the designated Natura 2000 areas covered by territorial scope of each CAP Strategic Plan;
- (c) agricultural areas included in river basin management plans pursuant to Directive 2000/60/EC.
Member States may only grant payments under this Article in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the area-specific disadvantages in the area concerned, including transaction costs.
Additional costs and income foregone as referred to in paragraph 4 shall be calculated:
- (a) in respect of constraints arising from Directives 92/43/EEC and 2009/147/EC, in relation to disadvantages resulting from requirements that go beyond the relevant GAEC standards established under Chapter I, Section 2, of this Title as well as the conditions established for the maintenance of the agricultural area in accordance with Article 4(2) of this Regulation;
- (b) in respect of constraints arising from Directive 2000/60/EC, in relation to disadvantages resulting from requirements that go beyond the relevant statutory management requirements, with the exception of SMR 1 listed in Annex III to this Regulation, and GAEC standards established under Chapter I, Section 2, of this Title as well as the conditions established for the maintenance of the agricultural area in accordance with Article 4(2) of this Regulation.
By way of derogation from the first subparagraph of this paragraph, Member States may decide to include in the calculation additional costs and income foregone in relation to disadvantages resulting from compliance with GAEC standard 2 established under Chapter I, Section 2, of this Title.
Payments under this Article shall be granted annually per hectare.
Article 73
Investments
Member States may grant support for investments under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Member States may only grant support under this Article for those investments in tangible and intangible assets that contribute to achieving one or more of the specific objectives set out in Article 6(1) and (2).
For holdings above a certain size, to be determined by the Member States in their CAP Strategic Plans, support for the forestry sector shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in accordance with the sustainable management of forests as defined in the General Guidelines for the Sustainable Management of Forests in Europe, adopted at the Second Ministerial Conference on the Protection of Forests in Europe held in Helsinki on 16-17 June 1993.
Member States shall establish a list of ineligible investments and categories of expenditure, including at least the following:
- (a) purchase of agricultural production rights;
- (b) purchase of payment entitlements;
- (c) purchase of land for an amount exceeding 10 % of the total eligible expenditure for the operation concerned, with the exception of land purchase for environmental conservation and carbon-rich soil preservation or land purchased by young farmers through the use of financial instruments; in the case of financial instruments, that ceiling shall apply to the eligible public expenditure paid to the final recipient, or, in the case of guarantees, to the amount of the underlying loan;
- (d) purchase of animals, and purchase of annual plants and their planting. for a purpose other than:
- (i) restoring agricultural or forestry potential following natural disaster, adverse climatic events or catastrophic event;
- (ii) protecting livestock against large predators or being used in forestry instead of machinery;
- (iii) rearing endangered breeds as defined in Article 2, point (24), of Regulation (EU) 2016/1012 of the European Parliament and of the Council ([^E0015]) under the commitments referred to in Article 70; or
- (iv) preserving plant varieties under threat of genetic erosion under the commitments referred to in Article 70; or
- (v) rearing of bovine, sheep or goat pure-bred animals of high genetic value for breeding to improve the quality and productivity of livestock herds or to preserve rare or local breeds;
- (e) interest rate on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy;
- (f) investments in large-scale infrastructure, as determined by Member States in their CAP Strategic Plans, not being part of the community-led local development strategies set out in Article 32 of Regulation (EU) 2021/1060, except for broadband and flood or coastal protection preventive actions aimed at reducing the consequences of probable natural disasters, adverse climatic events or catastrophic events;
- (g) investments in afforestation which are not consistent with environmental and climate-related objectives in line with sustainable forest management principles, as developed in the Pan-European Guidelines for Afforestation and Reforestation.
The first subparagraph, points (a), (b), (d) and (f), shall not apply where support is provided through financial instruments.
Member States shall limit the support to one or more rates not exceeding 65 % of the eligible costs.
The maximum support rates may be increased:
- (a) up to 80 % for the following investments:
- (i) investments linked to one or more of the specific objectives set out in Article 6(1), points (d), (e) and (f) and, as regards animal welfare, in Article 6(1), point (i);
- (ii) investments by young farmers who fulfil the conditions provided for by Member States in their CAP Strategic Plans in accordance with Article 4(6);
- (iii) investments in the outermost regions or the smaller Aegean islands;
- (b) up to 85 % for investments of small farms, as determined by Member States;
- (c) up to 100 % for the following investments:
- (i) afforestation, establishment and regeneration of agro-forestry systems, land consolidation in forestry and non-productive investments linked to one or more of the specific objectives set out in Article 6(1), points (d), (e) and (f), including non-productive investments aimed at protecting livestock and crops against damage caused by wild animals;
- (ii) investments in basic services in rural areas and infrastructure in agriculture and forestry, as determined by Member States;
- (iii) investments in the restoration of agricultural or forestry potential following natural disasters, adverse climatic events or catastrophic events and investments in appropriate preventive actions, as well as investments in maintaining the health of forests;
- (iv) non-productive investments supported through community-led local development strategies set out in Article 32 of Regulation (EU) 2021/1060 and the projects of EIP operational groups as referred to in Article 127(3) of this Regulation.
Where Union law results in the imposition of new requirements on farmers, support for investments to comply with those requirements may be granted for a maximum of 36 months from the date on which they become mandatory for the holding.
For young farmers setting up for the first time in an agricultural holding as head of the holding support for investments to comply with the requirements of Union law may be granted for a maximum of 36 months from the date of setting up, or until the actions defined in the business plan referred to in Article 75(3) are completed.
Article 74
Investments in irrigation
Member States may grant support for investments in irrigation in new and existing irrigated areas, provided that the conditions laid down in Article 73 and in this Article are fulfilled.
Investments in irrigation shall be supported only where the Member State concerned has sent to the Commission a river basin management plan as provided for in Directive 2000/60/EC for the entire area in which the investment is to take place, as well as for any other areas whose environment may be affected by the investment. The measures taking effect under the river basin management plan in accordance with Article 11 of that Directive and of relevance to the agricultural sector shall be specified in the relevant programme of measures.
Water metering enabling measurement of water use at the level of the supported investment shall be in place or shall be put in place as part of the investment.
Member States may grant support for an investment in an improvement to an existing irrigation installation or element of irrigation infrastructure only if:
- (a) it is assessed ex ante as offering potential water savings reflecting the technical parameters of the existing installation or infrastructure;
- (b) where the investment affects bodies of groundwater or surface water whose status has been identified as less than good in the relevant river basin management plan for reasons related to water quantity, an effective reduction in water use is achieved contributing to the achievement of good status of those water bodies, as laid down in Article 4(1) of Directive 2000/60/EC.
Member States shall set percentages for potential water savings and effective reduction in water use as an eligibility condition in their CAP Strategic Plans in accordance with Article 111, point (d). Such water savings shall reflect the needs set out in the river basin management plans emanating from Directive 2000/60/EC listed in Annex XIII to this Regulation.
None of the conditions in this paragraph shall apply to an investment in an existing installation which affects only energy efficiency, to an investment in the creation of a reservoir, or to an investment in the use of reclaimed water which does not affect a body of groundwater or surface water.
Member States may grant support for investments in the use of reclaimed water as an alternative water supply only if the provision and use of such water is compliant with Regulation (EU) 2020/741 of the European Parliament and of the Council ([^E0016]).
Member States may grant support for an investment resulting in a net increase of the irrigated area affecting a given body of groundwater or surface water only if:
- (a) the status of the water body has not been identified as less than good in the relevant river basin management plan for reasons related to water quantity; and
- (b) an environmental impact analysis shows that there will be no significant negative environmental impact from the investment; that environmental impact analysis shall be either carried out or approved by the competent authority and may also refer to groups of holdings.
Member States may grant support for an investment in the creation or expansion of a reservoir for the purpose of irrigation only if it does not lead to significant negative environmental impact.
Member States shall limit the support to one or more rates not exceeding:
- (a) 80 % of the eligible costs for irrigation on-farm investments made under paragraph 4;
- (b) 100 % of the eligible costs for investments in off-farm infrastructure in agriculture to be used for irrigation;
- (c) 65 % of the eligible costs for other irrigation on-farm investments.
Article 75
Setting-up of young farmers and new farmers, rural business start-ups, and the business development of small farms
Member States may grant support for the setting-up of young farmers and the start-up of rural businesses, including the setting-up of new farmers, and for the business development of small farms under the conditions set out in this Article and as further specified in their CAP Strategic Plans with a view to contributing to the achievement of one or more of the specific objectives set out in Article 6(1) and (2).
Member States may only grant support under this Article to help:
- (a) the setting-up of young farmers who fulfil the conditions provided for by Member States in their CAP Strategic Plans in accordance with Article 4(6);
- (b) the start-up of rural businesses linked to agriculture or forestry including the setting up of new farmers, or farm household income diversification into non-agricultural activities;
- (c) the business start-up of non-agricultural activities in rural areas related to the community-led local development strategies set out in Article 32 of Regulation (EU) 2021/1060;
- (d) the business development of small farms, as determined by Member States pursuant to Article 73(4), second subparagraph, point (b).
Member States shall set conditions for the submission and the content of a business plan which beneficiaries must provide in order to receive support under this Article.
Member States shall grant support in the form of lump sums or financial instruments or a combination of both. Support shall be limited to:
- (a) a maximum amount of aid of EUR 100 000 for the activities referred to in paragraph 2, points (a), (b) and (c);
- (b) a maximum amount of aid of EUR 75 000 for the activities referred to in paragraph 2, point (d). Support may be differentiated in accordance with objective criteria.
Article 76
Risk management tools
Member States may grant support for risk management tools under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Support under this Article may be granted to promote risk management tools which help active farmers manage production and income risks related to their agricultural activity that are outside their control and which contribute to achieving one or more of the specific objectives set out in Article 6(1) and (2).
Member States may, in line with their assessment of needs, grant support for different types of risk management tool, including income stabilisation tools, and in particular:
- (a) financial contributions to premiums for insurance schemes;
- (b) financial contributions to mutual funds, including for the administrative cost of setting up.
When providing the support referred to in paragraph 3, Member States shall establish the following eligibility conditions:
- (a) the types and coverage of eligible risk management tools;
- (b) the methodology for the calculation of losses and triggering factors for compensation;
- (c) the rules for the constitution and management of the mutual funds and, where relevant, other eligible risk management tools.
Member States shall ensure that support is granted only for covering losses which exceed a threshold of at least 20 % of the average annual production or income of the farmer in the preceding three-year period, or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Sectoral production risk management tools shall calculate the losses either at holding level, at the level of the holding’s activity in the sector concerned or in relation to the specific area insured.
Where the calculation methods referred to in the first subparagraph are not appropriate, Member States may assess the losses on the basis of the average annual production or income of the farmer over a period that does not exceed eight years, excluding the highest and lowest entry.
Member States may apply an appropriate alternative assessment for calculating the losses for young farmers and new farmers.
Member States may provide support in the form of standalone working capital finance under financial instruments referred to in Article 80(3) for the compensation of losses referred to in the first subparagraph of this paragraph to farmers who do not participate in a risk management tool.
Member States shall limit the support to one or more rates not exceeding 70 % of the eligible costs.
This paragraph shall not apply to the contributions referred to in Article 19.
Member States shall ensure that any overcompensation resulting from the combination of the interventions under this Article with other public or private risk management schemes is avoided.
Article 77
Cooperation
Member States may grant support for cooperation under the conditions set out in this Article and as further specified in their CAP Strategic Plans to:
- (a) prepare and implement the projects of the EIP operational groups referred to in Article 127(3);
- (b) prepare and implement LEADER;
- (c) promote and support quality schemes recognised by the Union or by the Member States and their use by farmers;
- (d) support producer groups, producer organisations or interbranch organisations;
- (e) prepare and implement smart-village strategies, as determined by Member States;
- (f) support other forms of cooperation.
Member States may only grant support under this Article to promote new forms of cooperation, including existing ones if starting a new activity. That cooperation shall involve at least two actors and shall contribute to achieving one or more of the specific objectives set out in Article 6(1) and (2).
Member States may cover under this Article the costs related to all aspects of the cooperation.
Member States may grant the support as an overall amount under this Article covering the costs of cooperation and the costs of the operations implemented, or they may cover only the costs of cooperation and use funds from other types of intervention for rural development, or from other national or Union support instruments, to cover the costs of the operations implemented.
Where support is paid as an overall amount, Member States shall ensure that the operation implemented complies with the relevant rules and requirements laid down in Articles 70 to 76 and 78.
In the case of LEADER, by way of derogation from the first subparagraph of this paragraph:
- (a) support for all costs eligible for preparatory support under Article 34(1), point (a), of Regulation (EU) 2021/1060 and for implementing selected strategies under points (b) and (c) of that paragraph shall only be granted as an overall amount under this Article; and
- (b) Member States shall ensure that implemented operations which consist of investments comply with the relevant Union rules and requirements under the type of intervention for investments laid down in Article 73 of this Regulation.
Member States shall not support under this Article cooperation solely involving research bodies.
In the case of cooperation in the context of farm succession, in particular for generational renewal at farm level, Member States may grant support only to farmers who have, or will have by the end of the operation, reached the retirement age determined by the Member State concerned in accordance with its national legislation.
Member States shall limit support to a maximum of seven years. That condition shall not apply to LEADER and in duly justified cases to collective environment and climate actions necessary to achieve the specific objectives set out in Article 6(1), points (d), (e) and (f).
Member States shall limit the support for:
- (a) information and promotion actions for quality schemes to one or more rates not exceeding 70 % of the eligible costs;
- (b) setting-up of producer groups, producer organisations or interbranch organisations to 10 % of the annual marketed production of the group or organisation, with a maximum of EUR 500 000 over the programming period ending on 31 December 2027; that support shall be degressive and limited to the first five years following recognition.
Article 78
Knowledge exchange and dissemination of information
Member States may grant support for knowledge exchange and dissemination of information under the conditions set out in this Article and as further detailed in their CAP Strategic Plans with a view to contributing to achieving one or more of the specific objectives set out in Article 6(1) and (2) while specifically targeting the protection of nature, environment and climate, including environmental education and awareness actions and the development of rural businesses and communities.
Support under this Article may cover the costs of any relevant action to promote innovation, training and advice and other forms of knowledge exchange and dissemination of information, including through the drawing up and updating of plans and studies with the aim of knowledge exchange and dissemination of information. Such actions shall contribute to achieving one or more of the specific objectives set out in Article 6(1) and (2).
Support for advisory services shall only be granted for advisory services that comply with Article 15(3).
For the setting up of advisory services, Member States may grant support in the form of a fixed amount of a maximum of EUR 200 000 . They shall ensure that support is limited in time.
Member States shall ensure that actions supported under this type of intervention are based on, and are consistent with, the description of the AKIS provided in their CAP Strategic Plans in accordance with Article 114, point (a)(i).
Article 78a
Crisis payments to farmers following natural disasters, adverse climatic events or catastrophic events
Member States may provide crisis payments to active farmers that are affected by natural disasters, adverse climatic events or catastrophic events. Those payments shall aim at ensuring continuity of the agricultural activity of those farmers and shall be subject to the conditions set out in this Article and as further specified by the Member States in their CAP Strategic Plans.
Support under this Article shall be subject to the formal recognition by the competent authority of the Member State that a natural disaster, adverse climatic event or catastrophic event, as defined by the Member State, has occurred and that those events, or measures adopted in accordance with Regulation (EU) 2016/2031 to eradicate or contain a plant disease or pest, or measures adopted to prevent or eradicate animal diseases listed in the Annex to Commission Implementing Regulation (EU) 2018/1882 ([^E0017]) or measures adopted regarding an emerging disease in accordance with Article 6(3) and Article 259 of Regulation (EU) 2016/429 have directly caused damage resulting in the destruction of at least 30 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and the lowest entry. The losses shall be calculated either at holding level, at the level of the holding’s activity in the sector concerned or in relation to the specific area concerned.
Member States shall ensure that support under this Article targets farmers who are most affected by natural disasters, adverse climatic events or catastrophic events, by determining eligibility conditions on the basis of available evidence.
Member States shall establish the applicable support rates for compensating the loss of production. Those rates shall be higher for farmers who are covered by an insurance scheme or another risk management tool. Indexes may be used for calculating the loss of production.
When granting support under this Article, Member States shall ensure that overcompensation as a result of the combination of intervention under this Article with other national or Union support instruments or private insurance schemes is avoided.
By way of derogation from Article 111, first paragraph, points (h) and (i) of that paragraph shall not apply to support under this type of intervention.
Article 78b
Support to farmers affected by the severe increase in fertiliser prices due to the Middle East crisis
Member States may provide exceptional temporary support to active farmers who are affected by the severe increase in fertiliser prices. Any such support provided shall be subject to the conditions set out in this Article and further specified by the Member States in their CAP Strategic Plans.
Member States shall ensure that the support under this Article targets those farmers who are most affected by the severe increase in fertiliser prices. They shall do so by determining eligibility conditions on the basis of available evidence.
The support under this Article shall cover a part of the additional costs of fertilisers caused by market developments resulting from the Middle East crisis in the period starting on 1 March 2026. The additional costs shall be calculated as the difference between a representative price for fertilisers and a benchmark price for fertilisers. Member States shall, on the basis of reasonable assumptions, define the benchmark price based on the average price for fertilisers over at least three consecutive months in the period between 1 January 2025 and 28 February 2026, and the representative price based on the price for fertilisers during a period determined by the Member State, which shall not start before 1 March 2026. The support under this Article shall take the form of a unit cost per hectare calculated on the basis of the average annual consumption of fertilisers per area, differentiated by sectors or production systems. Alternatively, Member States may base the support under this Article on the actual costs incurred by each beneficiary, using the same benchmark price as described in this paragraph.
Member States shall establish the applicable support rates covering up to 50 % of the additional costs for fertilisers. Those rates may be increased up to a maximum of 80 % for farmers who are subject to commitments referred to in Articles 31 and 70, or requirements referred to in Article 72, to reduce the use of fertilisers. For financial instruments in the form of a standalone working capital, Article 80(4) shall apply.
Member States shall set a maximum amount of support per beneficiary or a maximum number of hectares in respect of which support can be received per beneficiary.
The support under this Article shall be paid to the farmer by 30 June 2027.
Member States shall ensure that farmers receiving support under this Article have access to the relevant knowledge and information to enable them to optimise the sustainable use of fertilisers.
When granting support under this Article, Member States shall ensure that overcompensation as a result of the combination of intervention under this Article with other national or Union support instruments is avoided.
Section 2 Elements applying to several types of intervention
Article 79
Selection of operations
After consulting the monitoring committee referred to in Article 124 (‘the monitoring committee’), the national managing authority, the regional managing authorities where relevant, or the designated intermediate bodies shall set out selection criteria for interventions under the following types of intervention: investments, setting-up of young farmers and new farmers, rural business start-ups and business development of small farms, cooperation, knowledge exchange and dissemination of information. Those selection criteria shall aim to ensure the equal treatment of applicants, the better use of financial resources and the targeting of the support in accordance with the purpose of the interventions.
Member States may decide not to apply selection criteria for investment interventions clearly targeting environmental purposes or carried out in connection with restoration activities.
By way of derogation from the first subparagraph, a different selection method may be established in duly justified cases after consultation of the monitoring committee.
The responsibility of the managing authorities or designated intermediate bodies set out in paragraph 1 shall be without prejudice to the tasks of the local action groups referred to in Article 33 of Regulation (EU) 2021/1060.
Paragraph 1 shall not apply where support is provided in the form of financial instruments.
Member States may decide not to apply the selection criteria referred to in paragraph 1 to operations that have received a Seal of Excellence certification under Horizon 2020, established by Regulation (EU) No 1291/2013 of the European Parliament and of the Council ([^E0018]), under Horizon Europe or under the Programme for the Environment and Climate Action (LIFE), established by Regulation (EU) 2021/783 of the European Parliament and of the Council ([^E0019]), provided that those operations are consistent with the CAP Strategic Plan.
All or part of an operation may be implemented outside the Member State concerned, including outside the Union, provided that the operation contributes to the achievement of the objectives of the CAP Strategic Plan.
Article 80
Specific rules for financial instruments
Support in the form of financial instruments referred to in Article 58 of Regulation (EU) 2021/1060 may be granted under the types of intervention referred to in Articles 73 to 78 and 78b of this Regulation.
Where support is granted in the form of financial instruments, the definitions of ‘financial instrument’, ‘financial product’, ‘final recipient’, ‘holding fund’, ‘specific fund’, ‘leverage effect’, ‘multiplier ratio’, ‘management costs’ and ‘management fees’ in Article 2 of Regulation (EU) 2021/1060 and the provisions of Title V, Chapter II, Section II of that Regulation and of point II of Annex XIII thereto shall apply.
In addition, paragraphs 3, 4 and 5 of this Article shall apply.
In accordance with Article 58(2) of Regulation (EU) 2021/1060, working capital, including standalone working capital, may be eligible expenditure under Articles 73, 74, 76, 77, 78 and 78b of this Regulation if it contributes to the achievement of at least one specific objective relevant for the intervention concerned. Support for standalone working capital finance under any of those Articles may be provided without being subject to the requirement that the final recipient receives support for other expenditure under the same Article.
For activities falling within the scope of Article 42 TFEU, the total amount of support for working capital provided to a final recipient shall not exceed a gross grant equivalent of EUR 300 000 over any period of three years.
By way of derogation from Articles 73, 74, 76, 77, 78 and 78b, the support rates laid down in those Articles shall not apply to standalone working capital finance.
Eligible expenditure of a financial instrument shall be the total amount of eligible public expenditure paid, excluding additional national financing as referred to in Article 115(5), or, in the case of guarantees, set aside for guarantee contracts by the financial instrument within the eligibility period. That amount shall correspond to:
- (a) payments to final recipients, in the case of loans, equity and quasi-equity investments;
- (b) resources set aside for guarantee contracts, whether outstanding or having already come to maturity, in order to honour possible guarantee calls for losses, calculated on the basis of a multiplier ratio established for the respective underlying disbursed new loans or equity investments in final recipients;
- (c) payments to, or for the benefit of, final recipients where financial instruments are combined with other Union contributions in a single financial instrument operation in accordance with Article 58(5) of Regulation (EU) 2021/1060;
- (d) payments of management fees and reimbursements of management costs incurred by the bodies implementing the financial instrument.
Where a financial instrument is implemented across consecutive programming periods, support may be provided to, or for the benefit of, final recipients, including management costs and fees, based on agreements made under the previous programming period, provided that such support complies with the eligibility rules of the subsequent programming period. In such cases, the eligibility of expenditure submitted in the declarations of expenditure shall be determined in accordance with the rules of the programming period concerned.
For the purposes of the first subparagraph, point (b), if the entity benefitting from the guarantees has not disbursed the planned amount of new loans, equity or quasi-equity investments to final recipients in accordance with the multiplier ratio, the eligible expenditure shall be reduced proportionally. The multiplier ratio may be reviewed where justified by subsequent changes in market conditions. Such a review shall not have retroactive effect.
For the purposes of the first subparagraph, point (d), of this paragraph, management fees shall be performance-based. Where bodies implementing a holding fund are selected through a direct award of contract pursuant to Article 59(3) of Regulation (EU) 2021/1060, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of eligible public expenditure disbursed to final recipients in loans or set aside for guarantee contracts and up to 7 % of the total amount of eligible public expenditure disbursed to final recipients in equity and quasi-equity investments.
Where bodies implementing a specific fund are selected through a direct award of contract pursuant to Article 59(3) of Regulation (EU) 2021/1060, the amount of management cost and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 7 % of the total amount of the eligible public expenditure disbursed to final recipients in loans or set aside for guarantee contracts and up to 15 % of the total amount of eligible public expenditure disbursed to final recipients in equity or quasi-equity investments.
For the purposes of the first subparagraph, point (d), where bodies implementing a holding fund or specific funds are selected through a competitive tender in accordance with the applicable law, the amount of management costs and fees shall be established in the funding agreement and shall reflect the result of the competitive tender.
Where arrangement fees, or any part thereof, are charged to final recipients, they shall not be declared as eligible expenditure.
Value-added tax (VAT) shall be eligible expenditure as regards investments made by final recipients in the context of financial instruments. Where those investments are supported by financial instruments combined with programme support in the form of a grant as referred to in Article 58(5) of Regulation (EU) 2021/1060, the VAT shall not be eligible expenditure for the part of the investment cost which corresponds to the programme support in the form of a grant, unless the VAT for the investment cost is non-recoverable under national VAT legislation.
Article 81
Use of the EAFRD delivered through InvestEU
Member States may allocate, in the proposal for a CAP Strategic Plan referred to in Article 118 or in the request for amendment of a CAP Strategic Plan referred to in Article 119, an amount of up to 3 % of the initial EAFRD allocation to the CAP Strategic Plan to be contributed to InvestEU and delivered through the EU guarantee or the InvestEU financial instrument referred to in Article 10a of Regulation (EU) 2021/523 and the InvestEU Advisory Hub. The CAP Strategic Plan shall contain a justification for the use of InvestEU and its contribution to the achievement of one or more of the specific objectives set out in Article 6(1) and (2) of this Regulation and chosen under the CAP Strategic Plan.
The amount contributed to InvestEU shall be implemented in accordance with the rules established in Regulation (EU) 2021/523.
Member States shall determine the total amount contributed for each year. In the case of a request for an amendment of a CAP Strategic Plan, those amounts shall concern only future years.
The amount referred to in paragraph 1 of this Article shall be used for the provisioning of the part of the EU guarantee or for the funding provided under the InvestEU financial instrument under the Member State compartment and for the InvestEU Advisory Hub, upon conclusion of the contribution agreement referred to in Article 10(3) or Article 10a(3) of Regulation (EU) 2021/523. The budgetary commitments of the Union in respect of each contribution agreement may be made by the Commission in annual instalments during the period between 1 January 2023 and 31 December 2027.
Where a contribution agreement as referred to in Article 10(2) or Article 10a(2) of Regulation (EU) 2021/523 for the amount referred to in paragraph 1 of this Article allocated in the CAP Strategic Plan has not been concluded following the adoption of the Commission implementing decision approving that CAP Strategic Plan in accordance with Article 118 of this Regulation, the corresponding amount shall be reallocated in the CAP Strategic Plan following the approval of a request for amendment by the Member State submitted in accordance with Article 119 of this Regulation.
A contribution agreement for the amount referred to in paragraph 1 of this Article allocated in a request for amendment of a CAP Strategic Plan submitted in accordance with Article 119 of this Regulation shall be concluded simultaneously with the adoption of the Commission implementing decision approving that amendment of the CAP Strategic Plan.
Where a guarantee agreement as referred to in Article 10(4), second subparagraph, or in Article 10a(4), second subparagraph, of Regulation (EU) 2021/523 has not been concluded within 12 months from the approval of the contribution agreement, the contribution agreement shall be terminated or prolonged by mutual agreement.
Where the participation of a Member State in InvestEU is discontinued, the amounts concerned paid into the common provisioning fund as provisioning or allocated under the InvestEU financial instrument shall be recovered as internal assigned revenue pursuant to Article 21(5) of the Financial Regulation and the Member State shall submit a request for amendment of its CAP Strategic Plan to use the amounts recovered and the amounts allocated to future calendar years in accordance with paragraph 2 of this Article.
The termination or amendment of the contribution agreement shall be concluded simultaneously with the adoption of a Commission implementing decision approving the relevant amendment of the CAP Strategic Plan and at the latest on 31 December 2026.
Where a guarantee agreement as referred to in Article 10(4), third subparagraph, or in Article 10a(4), third subparagraph, of Regulation (EU) 2021/523 has not been duly implemented within the period agreed in the contribution agreement, but not exceeding four years from the signature of the guarantee agreement, the contribution agreement shall be amended. The Member State may request that amounts contributed to the EU guarantee or to the InvestEU financial instrument under paragraph 1 of this Article and committed in the guarantee agreement but not covering underlying loans, equity investments or other risk-bearing instruments are treated in accordance with paragraph 5 of this Article.
Resources generated by or attributable to the amounts contributed to the EU guarantee in accordance with this Article shall be made available to the Member State in accordance with Article 10(5), point (a), of Regulation (EU) 2021/523 and shall be used for support under the same objective or objectives referred to in paragraph 1 of this Article in the form of financial instruments or budgetary guarantees. Resources generated by or attributable to the amounts contributed to the InvestEU financial instrument in accordance with this Article shall be made available to the Member State in accordance with the contribution agreement and shall be used for support under the same objective or objectives in the form of financial instruments or budgetary guarantees.
The automatic decommitment time limit as provided for in Article 34 of Regulation (EU) 2021/2116 for the amounts to be reused in a CAP Strategic Plan in accordance with paragraphs 4, 5 and 6 of this Article shall start in the year in which the corresponding budgetary commitments are made.
Article 82
Adequacy and accuracy of payment calculation
Where payments are granted on the basis of additional costs and income foregone in accordance with Articles 70, 71 and 72, Member States shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation method. To that end, bodies that are functionally independent from the authorities responsible for the implementation of the CAP Strategic Plan and possess the appropriate expertise shall perform the calculations or confirm the adequacy and accuracy of the calculations.
Article 83
Forms of grants
Without prejudice to Articles 70, 71, 72 and 75, the grants under this Chapter may take any of the following forms:
- (a) reimbursement of eligible costs actually incurred by a beneficiary;
- (b) unit costs;
- (c) lump sums;
- (d) flat-rate financing.
The amounts for the forms of grants referred to in paragraph 1, points (b), (c) and (d), shall be established in one of the following ways:
- (a) a fair, equitable and verifiable calculation method based on:
- (i) statistical data, other objective information or an expert judgement;
- (ii) verified historical data of individual beneficiaries; or
- (iii) the application of usual cost accounting practices of individual beneficiaries;
- (b) draft budgets established on a case-by-case basis and agreed ex ante by the body selecting the operation;
- (ba) in accordance with the calculation methods established pursuant to Article 54, Article 55 and Article 56(1) and (3) of Regulation (EU) 2021/1060;
- (c) in accordance with the rules for application of corresponding unit costs, lump sums and flat rates applicable in Union policies for a similar type of operation;
- (d) in accordance with the rules for application of corresponding unit costs, lump sums and flat rates applied under schemes for grants funded entirely by the Member State for a similar type of operation.
Member States may provide to beneficiaries grants under conditions which are fully or partially repayable as specified in the document setting out the conditions for support and in accordance with the following conditions:
- (a) repayments by the beneficiary shall be made under the conditions agreed by the managing authority and the beneficiary;
- (b) Member States shall reuse resources paid back by the beneficiary for the same specific objective of the CAP Strategic Plan by 31 December 2029 either in the form of grants under conditions, in the form of a financial instrument or in another form of support; the amounts paid back and information about their reuse shall be included in the last annual performance report;
- (c) Member States shall adopt the necessary measures to ensure that the resources are kept in separate accounts or under appropriate accounting codes;
- (d) Union resources paid back by beneficiaries at any time but not reused by 31 December 2029 shall be repaid to the Union budget in accordance with Article 34 of Regulation (EU) 2021/2116.
Article 84
Delegated powers for additional requirements for types of intervention for rural development
The Commission is empowered to adopt delegated acts in accordance with Article 152 supplementing this Regulation with requirements additional to those laid down in this Chapter concerning the conditions for granting support for the:
- (a) management commitments referred to in Article 70 concerning genetic resources and animal welfare;
- (b) quality schemes referred to in Article 77 as regards the specificity of the final product, the access to the scheme, the verification of binding product specifications, the transparency of the scheme and the traceability of the products, as well as the recognition by Member States of voluntary certification schemes.
TITLE IV FINANCIAL PROVISIONS
Article 85
EAGF and EAFRD expenditure
The EAGF shall finance the types of intervention related to:
- (a) direct payments laid down in Article 16;
- (b) interventions in certain sectors laid down in Title III, Chapter III.
The EAFRD shall finance the types of intervention referred to in Title III, Chapter IV, and technical assistance at the initiative of the Member States referred to in Article 94.
Article 86
Eligibility of expenditure
Expenditure shall be eligible:
- (a) for a contribution from the EAGF from 1 January of the year following the year of the approval of the CAP Strategic Plan by the Commission;
- (b) for a contribution from the EAFRD from the date of submission of the CAP Strategic Plan, but not before 1 January 2023.
Expenditure that becomes eligible as a result of an amendment of a CAP Strategic Plan shall be eligible for a contribution from the EAGF from the date of effect of the amendment set by the Member State concerned in accordance with Article 119(8), but not earlier than from the date of submission to the Commission of the request for amendment or from the date of submission to the Commission of notification referred to in Article 119(9).
Expenditure that becomes eligible as a result of an amendment of a CAP Strategic Plan shall be eligible for a contribution from the EAFRD from the date of submission to the Commission of the request for amendment, or from the date of notification referred to in Article 119(9).
By way of derogation from the first subparagraph of this paragraph and from paragraph 4, second subparagraph, of this Article the CAP Strategic Plan may provide that, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socioeconomic conditions of the Member State or region, the eligibility of EAFRD-financed expenditure relating to amendments to the CAP Strategic Plan may start from the date on which the event occurred.
By way of derogation from the first subparagraph of this paragraph, the CAP Strategic Plan may provide that, in the cases of a type of intervention pursuant to Article 78b, the eligibility of EAFRD-financed expenditure relating to amendments to the CAP Strategic Plan may start before the date of submission to the Commission of the request for amendment but not before 22 July 2026.
Expenditure shall be eligible for a contribution from the EAFRD if it has been incurred by a beneficiary and paid by 31 December 2029. In addition, expenditure shall be eligible for a contribution from the EAFRD only if the relevant aid is actually paid by the paying agency by 31 December 2029.
Member States shall set the starting date of eligibility of costs incurred by the beneficiary. The starting date shall not be before 1 January 2023.
Operations shall not be eligible for support where they have been physically completed or fully implemented before the application for support is submitted to the managing authority, irrespective of whether all related payments have been made.
However, operations relating to early tending of seedling stands and tending of young stands in accordance with sustainable forest management principles and addressing one or more of the specific objectives set out in Article 6(1), points (d), (e) and (f), as defined by the Member State, may be eligible for support even if they had been physically completed before the application for support is submitted to the managing authority.
Contributions in kind and depreciation costs may be eligible for support under the EAFRD, subject to conditions to be set by the Member States.
Article 87
Financial allocations for types of intervention in the form of direct payments
Without prejudice to Article 17 of Regulation (EU) 2021/2116, the total amount for types of intervention in the form of direct payments which may be granted in a Member State pursuant to Title III, Chapter II, of this Regulation in respect of a calendar year shall not exceed the financial allocation of that Member State set out in Annex V.
Without prejudice to Article 17 of Regulation (EU) 2021/2116, the maximum amount which may be granted in a Member State, in a calendar year, pursuant to Title III, Chapter II, Section 3, Subsection 2, of this Regulation and before the application of Article 17 of this Regulation, shall not exceed the financial allocation of that Member State set out in Annex VIII.
For the purpose of Articles 96, 97 and 98, the financial allocation of a Member State set out in Annex V after deduction of the amounts set out in Annex VIII and before any transfers pursuant to Article 17 is set out in Annex IX.
The Commission is empowered to adopt delegated acts in accordance with Article 152 amending the Member States’ allocations set out in Annexes V and IX to take account of the developments relating to the total maximum amount of direct payments that may be granted, including the transfers referred to in Articles 17 and 103, the adjustment of the direct payments allocations referred to in Article 103a, the transfers of financial allocations referred to in Article 88(5) and any deductions needed to finance types of intervention in other sectors referred to in Article 88(6).
However, the adaptation of Annex IX shall not take into account any transfers in accordance with Article 17.
The amount of the indicative financial allocations per intervention referred to in Article 101 for the types of intervention in the form of direct payments laid down in Article 16 to be granted in a Member State in respect of a calendar year may exceed the allocation of that Member State set out in Annex V by the estimated amount of reduction of payments taken up in the CAP Strategic Plan in accordance with Article 112(3), point (a), second subparagraph.
Article 88
Financial allocations for certain types of intervention in certain sectors
The Union financial assistance for types of intervention in the wine sector is allocated to Member States as set out in Annex VII.
The Union financial assistance for types of intervention in the apiculture sector is allocated to Member States as set out in Annex X.
The Union financial assistance for types of intervention in the hops sector allocated to Germany shall be EUR 2 188 000 per financial year.
The Union financial assistance for types of intervention in the olive oil and table olives sector, per financial year, is allocated as follows:
- (a) EUR 10 666 000 for Greece;
- (b) EUR 554 000 for France; and
- (c) EUR 34 590 000 for Italy.
The Member States concerned may decide in their CAP Strategic Plans to transfer the total financial allocations referred to in paragraphs 3 and 4 to their allocations for direct payments. That decision may not be reviewed.
The Member States’ financial allocations transferred to allocations for direct payments shall no longer be available for the types of intervention referred to in paragraphs 3 and 4.
Member States may decide in their CAP Strategic Plans to use up to 3 % of their allocations for direct payments set out in Annex V, where relevant after deduction of the allocations for cotton set in Annex VIII, for types of intervention in other sectors referred to in Title III, Chapter III, Section 7.
Member States may decide to increase the percentage referred to in the first subparagraph up to 5 %. In that case, the amount corresponding to that increase shall be deducted from the maximum set in Article 96(1), (2) or (5) and shall no longer be available for allocation to coupled income support interventions referred to in Title III, Chapter II, Section 3, Subsection 1.
The amount corresponding to the percentage of Member States’ allocations for direct payments referred to in the first and second subparagraphs of this paragraph and used for types of intervention in other sectors for a certain financial year shall be considered to be Member States’ allocations per financial year for types of intervention in other sectors.
From 1 January 2025, Member States may review their decisions referred to in paragraph 6 of this Article as part of a request to amend their CAP Strategic Plans made in accordance with Article 119 and may decide to use up to 6 % of their allocations for direct payments set out in Annex V, where relevant, after deduction of the allocations for cotton set in Annex VIII, for types of intervention in other sectors referred to in Title III, Chapter III, Section 7.
The amount corresponding to the percentage of Member States’ allocations for direct payments referred to in the first subparagraph of this paragraph and used for types of intervention in other sectors for a certain financial year shall be considered to be Member States’ allocations per financial year for types of intervention in other sectors.
The amounts set out in the approved CAP Strategic Plan resulting from the application of paragraphs 6 and 7 shall be binding in the Member State concerned.
Article 89
Financial allocations for types of intervention for rural development
The total amount of Union support for types of intervention for rural development under this Regulation for the period from 1 January 2023 to 31 December 2027 shall be EUR 60 544 439 600 in current prices in accordance with the multiannual financial framework for the years 2021 to 2027 set out in Regulation (EU, Euratom) 2020/2093.
0,25 % of the resources referred to in paragraph 1 shall be devoted to finance the activities of technical assistance on the initiative of the Commission referred to in Article 7 of Regulation (EU) 2021/2116, including the European CAP network referred to in Article 126(2) of this Regulation and the EIP referred to in Article 127 of this Regulation. Those activities may concern previous programming periods and subsequent CAP Strategic Plan periods.
The annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2, is set out in Annex XI.
The Commission is empowered to adopt delegated acts in accordance with Article 152 amending Annex XI to review the annual breakdown by Member State to take account of relevant developments, including the transfers referred to in Articles 17 and 103, to make technical adjustments without changing the overall allocations, or to take account of any other change provided for by a legislative act after the adoption of this Regulation.
Article 90
EAFRD contribution
The Commission implementing decision approving a CAP Strategic Plan pursuant to Article 118(6) shall set the maximum contribution from the EAFRD to the plan. The EAFRD contribution shall be calculated on the basis of the amount of eligible public expenditure, excluding additional national financing referred to in Article 115(5).
Article 91
EAFRD contribution rates
The CAP Strategic Plans shall establish, at regional or national level, a single EAFRD contribution rate applicable to all interventions.
By way of derogation from paragraph 1, the maximum EAFRD contribution rate shall be:
- (a) 85 % of the eligible public expenditure in less developed regions;
- (b) 80 % of the eligible public expenditure in the outermost regions and in the smaller Aegean islands;
- (c) 60 % of the eligible public expenditure in transition regions within the meaning of Article 108(2), first subparagraph, point (b), of Regulation (EU) 2021/1060;
- (d) 43 % of the eligible public expenditure in the other regions.
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