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
By way of derogation from paragraphs 1 and 2, the maximum EAFRD contribution rate shall, if the rate set in the CAP Strategic Plan in accordance with paragraph 2 is lower, be:
- (a) 65 % of the eligible public expenditure for payments for natural or other area-specific constraints under Article 71 and for support under Article 78b;
- (b) 80 % of the eligible public expenditure for payments under Article 70, for payments under Article 72, for support for non-productive investments referred to in Article 73, for support for the projects of the EIP operational groups under Article 77(1), point (a), and for LEADER under Article 77(1), point (b);
- (c) 100 % of the eligible public expenditure for operations receiving funding from funds transferred to the EAFRD in accordance with Articles 17 and 103.
The minimum EAFRD contribution rate shall be 20 % of the eligible public expenditure.
The eligible public expenditure referred to in paragraphs 2, 3 and 4 shall exclude the additional national financing referred to in Article 115(5).
Article 92
Minimum financial allocations for LEADER
At least 5 % of the total EAFRD contribution to the CAP Strategic Plan set out in Annex XI shall be reserved for LEADER.
For the entire period of the CAP Strategic Plan, the total EAFRD expenditure for rural development other than for LEADER as established in the financial plan in accordance with Article 112(2), point (a), shall not exceed 95 % of the total EAFRD contribution to the CAP Strategic Plan set out in Annex XI. That financial ceiling, once approved by the Commission in accordance with Article 118 or Article 119, shall constitute a financial ceiling set by Union law.
Article 93
Minimum financial allocations for interventions addressing environmental and climate-related specific objectives
At least 35 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex XI shall be reserved for the interventions addressing 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).
For the purpose of determining the contribution towards the percentage set out in paragraph 1, Member States shall include expenditure for the following interventions:
- (a) 100 % for management commitments referred to in Article 70;
- (b) 50 % for natural or other area-specific constraints referred to in Article 71;
- (c) 100 % for area-specific disadvantages referred to in Article 72;
- (d) 100 % for investments under Articles 73 and 74 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).
For the entire period of the CAP Strategic Plan, the total EAFRD expenditure for rural development other than for the interventions referred to in paragraph 2 of this Article, as established in the financial plan in accordance with Article 112(2), point (a), shall not exceed 65 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex XI. That financial ceiling, once approved by the Commission in accordance with Article 118 or Article 119, shall constitute a financial ceiling set by Union law.
This Article shall not apply to expenditure for the outermost regions.
Article 94
Maximum financial allocations for technical assistance
A maximum of 4 % of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex XI may be used to finance the actions of technical assistance at the initiative of the Member States referred to in Article 125.
The EAFRD contribution may be increased to 6 % for CAP Strategic Plans where the total amount of Union support for rural development is up to EUR 1,1 billion.
Technical assistance shall be reimbursed as a flat-rate financing in accordance with Article 125(1), point (e), of the Financial Regulation in the framework of interim payments pursuant to Article 32 of Regulation (EU) 2021/2116. That flat rate shall represent the percentage set in the CAP Strategic Plan for technical assistance of the total expenditure declared.
Article 95
Minimum financial allocations for support for young farmers
For each Member State the minimum amount set out in Annex XII shall be reserved for contributing to the achievement of the specific objective set out in Article 6(1), point (g). On the basis of the analysis of the situation in terms of strengths, weaknesses, opportunities and threats (‘the SWOT analysis’) and the identification of the needs that are to be addressed, the amount shall be used for either or both of the following types of intervention:
- (a) the complementary income support for young farmers laid down in Article 30;
- (b) the setting-up of young farmers referred to in Article 75(2), point (a).
In addition to the types of intervention referred to in paragraph 1 of this Article, Member States may use the minimum amount referred to in that paragraph for investment interventions for young farmers referred to in Article 73, provided that a higher support rate in accordance with Article 73(4), second subparagraph, point (a)(ii), is applied. When that possibility is used, a maximum of 50 % of the expenditure for investments referred to in the first sentence shall be counted against the minimum amount to be reserved.
For each calendar year, the total expenditure for types of intervention in the form of direct payments other than the complementary income support for young farmers laid down in Article 30 shall not exceed the financial allocation for direct payments for the relevant calendar year as laid down in Annex V, reduced by the part of Annex XII reserved under the complementary income support for young farmers for the relevant calendar year, as established by Member States in their financial plans in accordance with Article 112(2), point (a), and approved by the Commission in accordance with Article 118 or Article 119. That financial ceiling shall constitute a financial ceiling set by Union law.
For the entire period of the CAP plan, the total EAFRD expenditure for rural development other than for the setting-up of young farmers referred to in Article 75(2), point (a), shall not exceed the total EAFRD contribution to the CAP Strategic Plan as set out in Annex XI, reduced by the part of Annex XII reserved for the setting-up of young farmers referred to in Article 75(2), point (a), for the entire CAP Strategic Plan period, as established by Member States in their financial plans in accordance with Article 112(2), point (a), and approved by the Commission in accordance with Article 118 or Article 119. That financial ceiling shall constitute a financial ceiling set by Union law.
Where a Member State decides to use the possibility provided for in paragraph 2 of this Article, the share of expenditure for investment interventions for young farmers with a higher support rate in accordance with Article 73(4), second subparagraph, point (a)(ii), not exceeding 50 % as established by that Member State in its financial plan in accordance with Article 112(2), point (a), and approved by the Commission in accordance with Article 118 or Article 119, shall be counted for the establishment of the financial ceiling referred to in paragraph 4 of this Article.
Article 96
Maximum financial allocations for coupled income support
The indicative financial allocations for the coupled income support interventions referred to in Title III, Chapter II, Section 3, Subsection 1, shall be limited to a maximum of 13 % of the amounts set out in Annex IX.
By way of derogation from paragraph 1, Member States that, in accordance with Article 53(4) of Regulation (EU) No 1307/2013, used for the purpose of voluntary coupled support more than 13 % of their annual national ceiling set out in Annex II to that Regulation may decide to use for the purpose of coupled income support more than 13 % of the amount set out in Annex IX to this Regulation. The resulting percentage shall not exceed the percentage approved by the Commission for voluntary coupled support in respect of claim year 2018.
The percentage referred to in paragraph 1 may be increased by a maximum of 2 percentage points, provided that the amount corresponding to the percentage exceeding the 13 % is allocated to the support for protein crops under Title III, Chapter II, Section 3, Subsection 1.
The amount included in the approved CAP Strategic Plan resulting from the application of paragraphs 1, 2 and 3 may not be exceeded.
By way of derogation from paragraphs 1 and 2, Member States may choose to use up to EUR 3 million per year for financing coupled income support.
Without prejudice to Article 17 of Regulation (EU) 2021/2116, the maximum amount which may be granted in a Member State before the application of Article 17 of this Regulation pursuant Title III, Chapter II, Section 3, Subsection 1, of this Regulation in respect of a calendar year shall not exceed the amounts fixed in the CAP Strategic Plan in accordance with this Article.
Article 96a
Maximum financial allocations for crisis payments to farmers referred to in Article 78a and support to farmers referred to in Article 78b
The maximum amount for each Member State that may be reserved for crisis payments to farmers following natural disasters, adverse climatic events or catastrophic events referred to in Article 78a and for support to farmers affected by the severe increase in fertiliser prices due to the Middle East crisis referred to in Article 78b shall be limited to the annual amounts set out in Annex XV.
A maximum of 25 % of the annual amounts set out in Annex XV may be reserved to finance the support to farmers referred to in Article 78b.
The total EAFRD expenditure for the crisis payments referred to in Article 78a and for the support referred to in Article 78b shall not exceed the sum of the indicative financial allocations for these types of intervention for financial years 2026 and 2027, as established by Member States in their financial plans in accordance with Article 112(2), point (a), and approved by the Commission in accordance with Article 119. That financial ceiling shall constitute a financial ceiling set by Union law.
Article 97
Minimum financial allocations for eco-schemes
At least 25 % of the allocations set out in Annex IX shall be reserved for every calendar year from 2023 to 2027 for eco-schemes referred to in Title III, Chapter II, Section 2, Subsection 4.
Where the amount of the total EAFRD contribution reserved by a Member State for interventions in accordance with Articles 70, 72, 73 and 74, insofar as those interventions address 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), exceeds 30 % of the total EAFRD contribution as set out in Annex XI for the CAP Strategic Plan period, Member States may reduce the sum of the amounts to be reserved under paragraph 1 of this Article. The total reduction shall not be higher than the amount by which the percentage referred to in the first sentence is exceeded.
The reduction referred to in paragraph 2 may not lead to a reduction of the annual amount to be reserved for eco-schemes for the CAP Strategic Plan period pursuant to paragraph 1 by more than 50 %.
By way of derogation from paragraph 3, Member States may reduce the annual amount to be reserved pursuant to paragraph 1 by up to 75 % if the total amount planned for interventions under Article 70 over the CAP Strategic Plan period amounts to more than 150 % of the sum of the amounts to be reserved pursuant to paragraph 1 of this Article before application of paragraph 2.
Member States may, in calendar years 2023 and 2024, in accordance with Article 101(3), use amounts reserved in accordance with this Article for eco-schemes to finance in that year other interventions referred to in Title III, Chapter II, Section 2, provided that all possibilities to use the funds for eco-schemes have been exhausted,
- (a) up to a threshold corresponding to 5 % of the amounts set out in Annex IX for the calendar year concerned;
- (b) above a threshold corresponding to 5 % of the amounts set out in Annex IX for the calendar year concerned, provided that the conditions of paragraph 6 are complied with.
When applying paragraph 5, point (b), Member States shall amend their CAP Strategic Plans in accordance with Article 119 in order to:
- (a) increase the amounts reserved in accordance with this Article for eco-schemes for the remaining years of the CAP Strategic Plan period by an amount at least equivalent to the amount used to finance other interventions referred to in Title III, Chapter II, Section 2, in accordance with paragraph 5, point (b), of this Article; or
- (b) increase the amounts reserved for interventions under Articles 70, 72, 73 and 74, insofar as those interventions address 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), by an amount at least equivalent to the amount used to finance other interventions referred to in Title III, Chapter II, Section 2, in accordance with paragraph 5, point (b), of this Article. Additional amounts reserved for interventions under Articles 70, 72, 73 and 74 in accordance with this paragraph shall not be taken into account if a Member State makes use of the option referred to in paragraph 2 of this Article.
If a Member State, when applying paragraph 5, point (a), uses for the total period 2023 to 2024 an amount exceeding 2,5 % of the sum of the allocations set out in Annex IX for the years 2023 and 2024 to finance other interventions referred to in Title III, Chapter II, Section 2, it shall compensate for the amounts exceeding the 2,5 % of the sum of the allocations set out in Annex IX for the years 2023 and 2024 and used to finance in those years other interventions referred to in Title III, Chapter II, Section 2, by amending its CAP Strategic Plan in accordance with Article 119 in order to:
- (a) increase the amounts reserved in accordance with this Article for eco-schemes for the remaining years of the CAP Strategic Plan period by an amount at least equivalent to the amounts exceeding the 2,5 % of the sum of the allocations set out in Annex IX for the years 2023 and 2024; or
- (b) increase the amounts reserved for interventions under Articles 70, 72, 73 and 74, insofar as those interventions address 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), by an amount at least equivalent to the amount exceeding the 2,5 % of the sum of the allocations set out in Annex IX for the years 2023 and 2024. Additional amounts reserved for interventions under Articles 70, 72, 73 and 74 in accordance with this paragraph shall not be taken into account if a Member State makes use of the option referred to in paragraph 2 of this Article.
Member States may, in calendar years 2025 and 2026, in accordance with Article 101(3), use an amount up to a threshold corresponding to 2 % of the amounts set out in Annex IX for the calendar year concerned, and reserved in accordance with this Article for eco-schemes to finance within the same year other interventions referred to in Title III, Chapter II, Section 2, provided that all possibilities to use the funds for eco-schemes have been exhausted and the conditions of paragraph 9 are complied with.
When applying paragraph 8, Member States shall amend their CAP Strategic Plans in accordance with Article 119 in order to:
- (a) increase the amounts reserved in accordance with this Article for eco-schemes for the remaining years of the CAP Strategic Plan period by an amount at least equivalent to the amount used to finance other interventions referred to in Title III, Chapter II, Section 2, in accordance with paragraph 8; or
- (b) increase the amounts reserved for interventions under Articles 70, 72, 73 and 74, insofar as those interventions address 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), by an amount at least equivalent to the amount used to finance other interventions referred to in Title III, Chapter II, Section 2, in accordance with paragraph 8 of this Article. Additional amounts reserved for interventions under Articles 70, 72, 73 and 74 in accordance with this paragraph shall not be taken into account if a Member State makes use of the option referred to in paragraph 2 of this Article.
For each calendar year as from calendar year 2025, the total expenditure for types of intervention in the form of direct payments other than eco-schemes shall not exceed the financial allocation for direct payments for the relevant calendar year as laid down in Annex V, reduced by an amount corresponding to 23 % of the amount in Annex IX reserved for eco-schemes in accordance with this paragraph for calendar years 2025 and 2026, and corresponding to 25 % of the amount in Annex IX reserved for eco-schemes in accordance with this paragraph for calendar year 2027, where relevant corrected by the amount resulting from the application of paragraphs 2, 3, 4, 6, 7 and 9 of this Article, and as established by Member States in their financial plans in accordance with Article 112(2), point (a), and approved by the Commission in accordance with Article 118 or Article 119. That financial ceiling shall constitute a financial ceiling set by Union law.
If Member States apply paragraphs 2, 3, 4, 6, 7 and 9 of this Article for the entire CAP Strategic Plan period, the total EAFRD expenditure for rural development other than the amounts reserved for interventions in accordance with Articles 70, 72, 73 and 74, insofar as those interventions address 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), shall not exceed the total EAFRD contribution for rural development for the entire CAP Strategic Plan period as set out in Annex XI, reduced by the amounts reserved for interventions in accordance with Articles 70, 72, 73 and 74, insofar as those interventions address 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), following the application of paragraphs 2, 6, 7 and 9 of this Article, as established by Member States in their financial plans in accordance with Article 112(2), point (a), and approved by the Commission in accordance with Article 118 or Article 119. That financial ceiling shall constitute a financial ceiling set by Union law.
Article 98
Minimum financial allocations for the redistributive income support
At least 10 % of the allocations set out in Annex IX shall be reserved annually for the redistributive income support referred to in Article 29.
For each calendar year, the total expenditure for types of intervention in the form of direct payments other than the redistributive income support shall not exceed the financial allocation for direct payments for the relevant calendar year as laid down in Annex V, reduced by an amount corresponding to 10 % of the financial allocation for direct payments for the relevant calendar year as laid down in Annex IX, where relevant corrected following the application of Article 29(1), second subparagraph, as established by Member States in their financial plans in accordance with Article 112(2), point (a), and approved by the Commission in accordance with Article 118 or Article 119. That financial ceiling shall constitute a financial ceiling set by Union law.
Article 99
Voluntary contribution from the EAFRD allocation to actions under LIFE and Erasmus+
Member States may decide in their CAP Strategic Plans to use a certain share of the EAFRD allocation to leverage support and upscale integrated Strategic Nature Projects benefitting farmers’ communities as provided for under Regulation (EU) 2021/783 and to finance actions in respect of transnational learning mobility of people in the field of agricultural and rural development with a focus on young farmers and women in rural areas, in accordance with Regulation (EU) 2021/817 of the European Parliament and of the Council ([^E0020]).
Article 100
Tracking climate expenditure
On the basis of the information provided by Member States, the Commission shall evaluate the contribution of the policy to achieving the climate change objectives using a simple and common methodology.
The contribution to achieving the expenditure target shall be estimated through the application of specific weightings differentiated on the basis of whether the support makes a significant or a moderate contribution towards achieving climate change objectives. Those weightings shall be as follows:
- (a) 40 % for the expenditure under the basic income support and the complementary income support referred to in Title III, Chapter II, Section 2, Subsections 2 and 3;
- (b) 100 % for expenditure under the eco-schemes referred to in Title III, Chapter II, Section 2, Subsection 4;
- (c) 100 % for expenditure for the interventions referred to in Article 93(1) other than those referred to in point (d) of this paragraph;
- (d) 40 % for expenditure for natural or other area-specific constraints referred to in Article 71.
The Commission is empowered to adopt delegated acts after 31 December 2025 in accordance with Article 152 amending paragraph 2 of this Article to modify the weightings referred to therein where such modification is warranted for more precise tracking of expenditure on environmental and climate-related objectives.
Article 101
Indicative financial allocations
Member States shall set out, in their CAP Strategic Plans, an indicative financial allocation for each intervention and for each year. This indicative financial allocation shall represent the expected level of payments under the CAP Strategic Plan for the intervention in the relevant financial year, excluding expected payments on the basis of additional national financing referred to in Article 115(5).
By derogation to paragraph 1, for the types of intervention in the sectors referred to in Article 42, points (a), (d), (e) and (f), Member States shall set out, in their CAP Strategic Plans, an indicative financial allocation for each sector and for each year, representing the expected level of payments for the interventions in that sector per financial year, excluding expected payments on the basis of national financial assistance referred to in Article 53.
The indicative financial allocations set out by Member States in accordance with paragraphs 1 and 2 shall not prevent those Member States from using funds from those indicative financial allocations as funds for other interventions, without amending their CAP Strategic Plans in accordance with Article 119, subject to compliance with this Regulation, and in particular with Articles 87, 88, 89, 90, 92 to 98 and 102 thereof, and with Regulation (EU) 2021/2116, and in particular with Article 32(6), point (b), thereof, as well as with the following conditions:
- (a) financial allocations for interventions in the form of direct payments are used for other interventions in the form of direct payments;
- (b) financial allocations for rural development interventions are used for other interventions for rural development;
- (c) financial allocations for interventions in the apiculture sector and in the wine sector are only used for other interventions in the same sector;
- (d) financial allocations for interventions in other sectors referred to in Article 42, point (f), are used for interventions in other sectors referred to in that point laid down in the CAP Strategic Plan and such use does not affect approved operational programmes.
For the purpose of the first subparagraph, point (a), Member States which have decided to grant the basic income support on the basis of payment entitlements in accordance with Article 23 may linearly increase or decrease the amounts to be paid on the basis of the value of the entitlements activated in the calendar year, within the limits of the minimum and maximum planned unit amounts set out for interventions under the basic income support in accordance with Article 102(2).
Article 102
Planned unit amounts and planned outputs
Member States shall set out one or more planned unit amounts for each intervention included in their CAP Strategic Plans. The planned unit amount may be uniform or average, as determined by Member States. The ‘planned uniform unit amount’ is the value that is expected to be paid for each related output. The ‘planned average unit amount’ is the average value of the different unit amounts that are expected to be paid for the related outputs.
For interventions covered by the integrated system referred to in Article 65(2) of Regulation (EU) 2021/2116, uniform unit amounts shall be set out, except where uniform unit amounts are not possible or appropriate because of the design or scope of the intervention. In such cases, average unit amounts shall be set out.
For types of intervention in the form of direct payments, Member States may set maximum or minimum planned unit amounts or both for each unit amount planned for each intervention.
The ‘maximum planned unit amount’ and the ‘minimum planned unit amount’ are the maximum and minimum unit amounts that are expected to be paid for the related outputs.
When setting the maximum or minimum planned unit amounts or both, Member States may justify those values with the necessary flexibility for reallocation to avoid unused funds.
The realised unit amount referred to in Article 134(5), first subparagraph, point (c), may only be lower than the planned unit amount or the minimum planned unit amount, where such amount is set out, to prevent an excess of the financial allocations for types of intervention in the form of direct payments referred to in Article 87(1).
For types of intervention for rural development, when using planned average unit amounts, Member States may set a maximum planned average unit amount.
The ‘maximum planned average unit amount’ is the maximum amount that is expected to be paid on average for the related outputs.
Where different unit amounts are established for an intervention, paragraphs 2 and 3 shall apply to each relevant unit amount of that intervention.
Member States shall set out the annual planned outputs for each intervention quantified for each planned uniform or average unit amount. Within an intervention, the annual planned outputs may be provided at an aggregated level for all unit amounts or for a group of unit amounts.
Article 103
Flexibility between direct payment allocations and EAFRD allocations
As part of its CAP Strategic Plan proposal referred to in Article 118(1), a Member State may decide to transfer:
- (a) up to 25 % of its allocation for direct payments set out in Annex V, where relevant after deduction of the allocations for cotton set in Annex VIII for calendar years 2023 to 2026, to its allocation for the EAFRD in financial years 2024 to 2027; or
- (b) up to 25 % of its allocation for the EAFRD in financial years 2024 to 2027 to its allocation for direct payments set out in Annex V for calendar years 2023 to 2026.
The percentage of transfer from a Member State’s allocation for direct payments to its allocation for the EAFRD referred to in paragraph 1, point (a), may be increased by:
- (a) up to 15 percentage points if that Member State uses the corresponding increase for EAFRD-financed interventions addressing the specific objectives set out in Article 6(1), points (d), (e) and (f);
- (b) up to 2 percentage points if that Member State uses the corresponding increase in accordance with Article 95(1), point (b).
The percentage of transfer from a Member State’s allocation for the EAFRD to its allocation for direct payments referred to in paragraph 1, point (b), may be increased to 30 % for Member States with direct payments per hectare below 90 % of the Union average. This condition is fulfilled in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden.
The decisions referred to in paragraph 1 shall set out the percentage referred to in paragraphs 1, 2 and 3, which may vary by calendar year.
Member States may, in 2025, review their decisions referred to in paragraph 1 as part of a request for amendment of their CAP Strategic Plans referred to in Article 119.
Notwithstanding Article 6(1) and Article 30(2) and (3) of Regulation (EU) No 228/2013, Member States with outermost regions within the meaning of Article 349 TFEU may decide, in a request for strategic amendment of a CAP Strategic Plan referred to in Article 119 of this Regulation, to transfer up to 25 % of the amount in their CAP Strategic Plans planned for their outermost regions, which is part of the amount allocated to them for rural development financial year 2027 under Annex XI to this Regulation, to their POSEI programmes established under Regulation (EU) No 228/2013 in order to reinforce them. Such request for strategic amendment shall contain a justification for such transfer and its contribution to the achievement of the specific objectives set out in Article 6(1) and (2) of this Regulation.
If a Member State makes a transfer in accordance with the first subparagraph of this paragraph, the corresponding maximum annual sums provided for in Article 30(2) and (3) of Regulation (EU) No 228/2013 for financial year 2027 shall be deemed to be increased by the specific amount transferred once the amendment of the CAP Strategic Plan has been approved by the Commission.
Article 103a
Direct payment allocations for calendar year 2027
By 31 August 2026, Member States may decide to increase or decrease their allocations for direct payments set out in Annexes V and IX for calendar year 2027 by an amount not exceeding the maximum increase or decrease set out in Annex XVI per Member State, as part of a request for a strategic amendment of their respective CAP Strategic Plans referred to in Article 119.
TITLE V CAP STRATEGIC PLAN
CHAPTER I GENERAL REQUIREMENTS
Article 104
CAP Strategic Plans
Member States shall establish CAP Strategic Plans in accordance with this Regulation to implement the Union support financed by the EAGF and the EAFRD for the achievement of the specific objectives set out in Article 6(1) and (2).
Each Member State shall establish a single CAP Strategic Plan for its entire territory, taking into account its constitutional and institutional provisions.
Where elements of the CAP Strategic Plan are established at regional level, the Member State shall ensure the coherence and the consistency with the elements of the CAP Strategic Plan established at national level. The elements established at regional level shall be appropriately reflected in the relevant sections of the CAP Strategic Plan as laid down in Article 107.
Based on the SWOT analysis referred to in Article 115(2) and an assessment of needs referred to in Article 108, Member State shall establish in the CAP Strategic Plans an intervention strategy as referred to in Article 109 in which quantitative targets and milestones shall be set to achieve the specific objectives set out in Article 6(1) and (2). The targets shall be set using a common set of result indicators set out in Annex I.
To reach those targets Member States shall set out interventions based on the types of intervention laid down in Title III.
Each CAP Strategic Plan shall cover the period from 1 January 2023 to 31 December 2027.
Article 105
Increased ambition with regard to environmental and climate-related objectives
Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in Article 109(2), point (a), a greater overall contribution to the achievement of the specific objectives set out in Article 6(1), points (d), (e) and (f), in comparison to the overall contribution made to the achievement of the objective laid down in Article 110(2), first subparagraph, point (b), of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020.
Member States shall explain in their CAP Strategic Plans, on the basis of available information, how they intend to achieve the greater overall contribution set out in paragraph 1. That explanation shall be based on relevant information, such as the elements referred to in Article 107(1), points (a) to (f), and in Article 107(2), point (b), as well as the expected improvements against the relevant impact indicators set out in Annex I.
Article 106
Procedural requirements
Member States shall draw up the CAP Strategic Plans on the basis of transparent procedures, where applicable in collaboration with their regions, in accordance with their institutional and legal framework.
The body of the Member State responsible for drawing up the CAP Strategic Plan shall ensure that:
- (a) where applicable, the relevant authorities at regional level are effectively involved in the preparation of the CAP Strategic Plan; and
- (b) the public competent authorities for the environment and climate are effectively involved in the preparation of the environmental and climate-related aspects of the CAP Strategic Plan.
Each Member State shall organise a partnership with the competent regional and local authorities. The partnership shall include at least the following partners:
- (a) relevant authorities at regional and local level, as well as other public authorities, including authorities competent for environmental and climate issues;
- (b) economic and social partners, including representatives of the agricultural sector;
- (c) relevant bodies representing civil society and where relevant bodies responsible for promoting social inclusion, fundamental rights, gender equality and non-discrimination.
Member States shall effectively involve those partners in the preparation of the CAP Strategic Plans and shall consult with relevant stakeholders, including as regards the minimum standards referred to in Article 13, where appropriate.
Member States, including where applicable their regions, and the Commission shall cooperate to ensure effective coordination in the implementation of CAP Strategic Plans, taking account of the principles of proportionality and shared management.
The organisation and implementation of partnership shall be carried out in accordance with the delegated act adopted on the basis of Article 5(3) of Regulation (EU) No 1303/2013.
CHAPTER II CONTENT OF THE CAP STRATEGIC PLAN
Article 107
Content of the CAP Strategic Plan
Each CAP Strategic Plan shall contain sections on the following:
- (a) the assessment of needs;
- (b) the intervention strategy;
- (c) the elements common to several interventions;
- (d) the direct payments, interventions in certain sectors and interventions for rural development specified in the strategy;
- (e) target and financial plans;
- (f) the governance and coordination system;
- (g) the elements that ensure modernisation of the CAP;
- (h) where elements of the CAP Strategic Plan are established at regional level, a short description about the Member State’s national and regional set-up, and in particular which elements are established at national and at regional level.
Each CAP Strategic Plan shall contain the following annexes:
- (a) Annex I on the ex-ante evaluation and the strategic environmental assessment (SEA) referred to in Directive 2001/42/EC of the European Parliament and of the Council ([^E0021]);
- (b) Annex II on the SWOT analysis;
- (c) Annex III on the consultation of the partners;
- (d) where relevant, Annex IV on the crop-specific payment for cotton;
- (e) Annex V on the additional national financing provided within the scope of the CAP Strategic Plan;
- (f) where relevant, Annex VI on transitional national aid.
Detailed rules for the content of the sections and the annexes of the CAP Strategic Plans referred to in paragraphs 1 and 2 are laid down in Articles 108 to 115.
Article 108
Assessment of needs
The assessment of needs referred to in Article 107(1), point (a), shall include the following:
- (a) summary of the SWOT analysis as referred to in Article 115(2);
- (b) identification of needs for each specific objective set out in Article 6(1) and (2) based on the evidence from the SWOT analysis; all the needs arising from the SWOT analysis shall be described, regardless whether they will be addressed through the CAP Strategic Plan or not;
- (c) for the specific objective of supporting viable farm income and resilience set out in Article 6(1), point (a), an assessment of needs in relation to a fairer distribution and more effective and efficient targeting of direct payments, where relevant taking into account their farm structure, and in relation to risk management;
- (d) where relevant, an analysis of the needs of specific geographical areas, such as the outermost regions as well as mountain and island areas;
- (e) prioritisation of needs, including a sound justification of the choices made covering if relevant the reasons why certain identified needs are not addressed or partially addressed in the CAP Strategic Plan.
For the specific objectives set out in Article 6(1), points (d), (e), and (f), the assessment of needs shall take into account the national environmental and climate plans emanating from the legislative acts listed in Annex XIII.
Member States shall use for their assessment of needs data which are recent and reliable and, where available, disaggregated by gender.
Article 109
Intervention strategy
The intervention strategy referred to in Article 107(1), point (b), shall set out, for each specific objective set out in Article 6(1) and (2) and addressed in the CAP Strategic Plan:
- (a) targets and related milestones for the relevant result indicators used by the Member State on the basis of its assessment of needs referred to in Article 108. The value of those targets shall be justified on the basis of that assessment of needs. As regards the specific objectives set out in Article 6(1), points (d), (e), and (f), targets shall be derived from the elements of explanation given in paragraph 2, point (a), of this Article;
- (b) interventions, based on the types of intervention set out in Title III, which shall be designed to address the specific situation in the area concerned, following a sound intervention logic, supported by the ex-ante evaluation referred to in Article 139, the SWOT analysis referred to in Article 115(2) and the assessment of needs referred to in Article 108;
- (c) elements showing how the interventions allow reaching the targets and how they are mutually coherent and compatible;
- (d) elements demonstrating that the allocation of financial resources to the interventions of the CAP Strategic Plan is justified and adequate to achieve the targets set, and is consistent with the financial plan referred to in Article 112.
The intervention strategy shall demonstrate the consistency of the strategy and the complementarity of interventions across the specific objectives set out in Article 6(1) and (2) by providing:
- (a) an overview of the environmental and climate architecture of the CAP Strategic Plan which describes the following:
- (i) for each GAEC standard listed in Annex III, the way in which the Union standard is implemented, including the following elements: summary of the on-farm practice, territorial scope, types of farmers and other beneficiaries subject to the standard, and where necessary a description of how the practice contributes to achieving that GAEC standard’s main objective;
- (ii) the overall contribution of conditionality to achieving the specific objectives set out in Article 6(1), points (d), (e) and (f);
- (iii) the complementarity between the relevant baseline conditions, as referred to in Article 31(5) and Article 70(3), conditionality and the different interventions, including support for organic farming, addressing the specific objectives set out in Article 6(1), points (d), (e), and (f);
- (iv) the way to achieve the greater overall contribution set out in Article 105;
- (v) how the environmental and climate architecture of the CAP Strategic Plan is meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in or deriving from the legislative acts listed in Annex XIII;
- (b) in relation to the specific objective set out in Article 6(1), point (g), an overview of the relevant interventions and specific conditions for young farmers set out in the CAP Strategic Plan such as those specified in Article 26(4), point (a), Articles 30, 73 and 75 and Article 77(6). Member States shall in particular refer to Article 95 when presenting the financial plan in relation to the types of intervention referred to in Articles 30, 73 and 75. The overview shall also explain in general terms the interplay with national instruments with a view of improving the consistency between Union and national actions in this area;
- (c) an explanation how the interventions under coupled income support as referred to in Title III, Chapter II, Section 3, Subsection 1, are consistent with Directive 2000/60/EC;
- (d) in relation to the specific objective set out in Article 6(1), point (a), an overview of how the aim of fairer distribution and more effective and efficient targeting of income support to be granted to farmers under the CAP Strategic Plan is addressed including, where applicable, information justifying the use of the derogation provided for in Article 29(1), second subparagraph. That overview shall, where relevant, also address the consistency and complementarity of the territorialisation of the basic income support referred to in Article 22(2) with support under other interventions, in particular the payments for natural or other area-specific constraints referred to in Article 71;
- (e) an overview of the sector-related interventions, including the coupled income support referred to in Title III, Chapter II, Section 3, Subsection 1, and the interventions in certain sectors referred to in Title III, Chapter III, providing a justification for targeting the sectors concerned, the list of interventions per sector, and their complementarity;
- (f) where relevant, an explanation as to which interventions are intended to contribute to ensuring a coherent and integrated approach to risk management;
- (g) where relevant, a description of the interplay between national and regional interventions, including the distribution of financial allocations per intervention and per fund;
- (h) an overview of how the CAP Strategic Plan contributes to achieving the specific objective of improving animal welfare and combatting antimicrobial resistance set out in Article 6(1), point (i), including the baseline conditions and the complementarity between conditionality and the different interventions;
- (i) an explanation of how the interventions and elements common to several interventions contribute to simplification for final beneficiaries and reducing the administrative burden.
Where elements of the CAP Strategic Plan are established at regional level, the intervention strategy shall ensure the coherence and the consistency of those elements with the elements of the CAP Strategic Plan established at national level.
Article 110
Elements common to several interventions
The section on the elements common to several interventions referred to in Article 107(1), point (c), shall include:
- (a) the definitions and conditions provided by Member States in compliance with Article 4, as well as the minimum requirements for interventions in the form of direct payments pursuant to Article 18;
- (b) a description of the use of ‘technical assistance’ referred to in Articles 94 and 125 and a description of the national CAP network referred to in Article 126;
- (c) in relation to the specific objectives set out in Article 6(1), the definition of rural areas used in the CAP Strategic Plan as determined by Member States;
- (d) other information on implementation, in particular:
- (i) a short description of the establishment of the value of payment entitlements and of the functioning of the reserve, where applicable;
- (ii) where relevant, the use of the estimated product of the reduction of direct payments referred to in Article 17;
- (iii) the decision and its justification with regard to the implementation of Article 17(4), Article 29(6), and Article 30(4) of this Regulation and of Article 17(1), second subparagraph, of Regulation (EU) 2021/2116;
- (iv) where relevant, the decision and the description of its main elements with regard to the implementation of Article 19;
- (v) an overview of the coordination, demarcation and complementarities between the EAFRD and other Union funds active in rural areas.
Article 111
Interventions
The section on each intervention specified in the strategy referred to in Article 107(1), point (d), including the interventions established at regional level, shall include:
- (a) the type of intervention on which it is based;
- (b) the territorial scope;
- (c) the specific design or requirements of that intervention that ensure an effective contribution to achieving the specific objective or objectives set out in Article 6(1) and (2); for environmental and climate-related interventions, articulation with the conditionality requirements shall show that the practices are complementary and do not overlap;
- (d) the eligibility conditions;
- (e) the result indicators as laid down in Annex I to which the intervention should contribute directly and significantly;
- (f) for each intervention which is based on the types of intervention listed in Annex II to this Regulation, how it respects the relevant provisions of Annex 2 to the WTO Agreement on Agriculture as specified in Article 10 of this Regulation and in Annex II to this Regulation, and for each intervention which is not based on the types of intervention listed in Annex II to this Regulation, whether and, if so, how it respects relevant provisions of Article 6.5 of, or Annex 2 to, the WTO Agreement on Agriculture;
- (g) one output indicator and the annual planned outputs for the intervention referred to in Article 102(5);
- (h) the annual planned uniform or average unit amounts referred to in Article 102(1) and, where relevant, the maximum or minimum planned unit amounts referred to in Article 102(2) and (3);
- (i) an explanation of how the amounts referred to in point (h) of this paragraph were set;
- (j) where applicable:
- (i) the form and rate of support;
- (ii) the method for calculating the planned unit amounts of support and its certification in accordance with Article 82;
- (k) the annual financial allocation for the intervention referred to in Article 101(1) or, in the case of sectors referred to in Article 42, points (a), (d), (e) and (f), the annual financial allocation for the relevant sector referred to in Article 101(2), including, where applicable, a breakdown on amounts planned for grants and amounts planned for financial instruments;
- (l) an indication as to whether the intervention falls outside the scope of Article 42 TFEU and is subject to State aid assessment.
Point (e) of the first paragraph shall not apply to the type of intervention in the apiculture sector referred to in Article 55(1), point (a) and points (c) to (g), interventions under the type of intervention in the wine sector referred to in Article 58(1), points (h) to (k), the information and promotion actions for quality schemes under the type of intervention for cooperation referred to in Article 77, interventions under the type of intervention for crisis payments to farmers following natural disasters, adverse climatic events or catastrophic events referred to in Article 78a, and interventions under the type of intervention for support to farmers affected by the severe increase in fertiliser prices referred to in Article 78b.
Article 112
Target and financial plans
The target plan referred to in Article 107(1), point (e), shall consist of a recapitulative table showing the targets and milestones referred to in Article 109(1), point (a).
The financial plan referred to in Article 107(1), point (e), shall comprise an overview table providing for:
- (a) the Member State’s allocations for the types of intervention in the form of direct payments referred to in Article 87(1), for the types of intervention in the wine sector referred to in Article 88(1), for the types of intervention in the apiculture sector referred to in Article 88(2) and for the types of intervention for rural development referred to in Article 89(3), with a specification of the annual and overall amounts reserved by Member States to comply with the requirements on minimum financial allocations laid down in Articles 92 to 98;
- (b) the transfers of the amounts referred to in point (a) between types of intervention in the form of direct payments and types of intervention for rural development in accordance with Article 103, any deductions of the Member State’s allocations for the types of intervention in the form of direct payments to make amounts available for the types of intervention in other sectors referred to in Title III, Chapter III, Section 7, in accordance with Article 88(6), and any adjustments of the direct payments allocations in accordance with Article 103a;
- (c) the Member State’s allocations for the types of intervention in the hops sector referred to in Article 88(3) and for the types of intervention in the olive oil and table olives sector referred to in Article 88(4), and if those types of intervention are not implemented, the decision to include the corresponding allocations in the Member State’s allocation for direct payments in accordance with Article 88(5);
- (d) where relevant, transfer of Member State’s allocations from the EAFRD for support under InvestEU in accordance with Article 81 of this Regulation, under Regulation (EU) 2021/783 or under Regulation (EU) 2021/817 in accordance with Article 99 of this Regulation;
- (e) where relevant, the amounts planned for the outermost regions.
In addition to paragraph 2, a detailed financial plan shall provide for each financial year, and expressed as Member State’s forecasts of execution of payments, the following tables consistent with Article 111, points (g) and (k):
- (a) a breakdown of the Member State’s allocations for types of intervention in the form of direct payments after transfers as specified in paragraph 2, points (b) and (c), based on indicative financial allocations per type of intervention and per intervention, specifying for each intervention the planned outputs, the planned average or uniform unit amounts referred to in Article 102(1) and, where relevant, the maximum or minimum planned unit amounts, or both, referred to in Article 102(2). Where applicable, the breakdown shall include the amount of the reserve of payment entitlements. The total estimated product of the reduction of payments referred to in Article 17 shall be specified. Taking into account the use of the estimated product of the reduction of payments referred to in Article 17 and Article 87(3), those indicative financial allocations, the related planned outputs and the corresponding planned average or uniform unit amounts shall be established before the reduction of payments;
- (b) a breakdown of the allocations for the types of intervention referred to in Title III, Chapter III, per intervention and with an indication of the planned outputs or in the case of sectors referred to in Article 42, points (a), (d), (e) and (f) the indicative financial allocation per sector with an indication of the planned outputs expressed as number of operational programmes per sector;
- (c) a breakdown of the Member State’s allocations for rural development after transfers to and from direct payments as specified in point (b), per type of intervention and per intervention, including totals for the CAP Strategic Plan period, indicating also the applicable EAFRD contribution rate, broken down per intervention and per type of region where applicable. In the case of transfer of funds from direct payments, the intervention(s) or part of intervention financed by the transfer shall be specified. That table shall also specify the planned outputs per intervention and the planned average or uniform unit amounts referred to in Article 102(1), as well as, where relevant, the maximum planned average unit amounts referred to in Article 102(3). Where applicable, the table shall also include a breakdown of the grants and amounts planned for financial instruments. The amounts for technical assistance shall also be specified.
Article 113
Governance and coordination systems
The section on the governance and coordination systems referred to in Article 107(1), point (f), shall comprise:
- (a) the identification of all governance bodies referred to in Title II, Chapter II, of Regulation (EU) 2021/2116 as well as of the national managing authority and, where relevant, the regional managing authorities;
- (b) the identification and role of intermediate bodies referred to in Article 123(4) of this Regulation;
- (c) information on the control systems and penalties referred to in Title IV of Regulation (EU) 2021/2116, including:
- (i) the integrated administration and control system referred to in Title IV, Chapter II, of Regulation (EU) 2021/2116;
- (ii) the control and penalty system for conditionality referred to in Title IV, Chapters IV and V, of Regulation (EU) 2021/2116;
- (iii) the competent control bodies responsible for the checks;
- (d) an overview of the monitoring and reporting structure.
Article 114
Modernisation
The section on the elements that ensure modernisation of the CAP referred to in Article 107(1), point (g), shall highlight the elements of the CAP Strategic Plan that support the modernisation of the agriculture and rural areas and the CAP, and shall contain in particular:
- (a) an overview of how the CAP Strategic Plan will contribute to the achievement of the cross-cutting objective set out in Article 6(2), in particular through:
- (i) a description of the organisational set-up of the AKIS;
- (ii) a description of how advisory services as referred to in Article 15, research and the national CAP network referred to in Article 126 will cooperate to provide advice, knowledge flows and innovation services and how the actions supported under interventions pursuant to Article 78 or other relevant interventions are integrated into the AKIS;
- (b) a description of the strategy for the development of digital technologies in agriculture and rural areas and for the use of those technologies to improve the effectiveness and efficiency of the CAP Strategic Plan interventions.
Article 115
Annexes
Annex I to the CAP Strategic Plan referred to in Article 107(2), point (a), shall include a summary of the main results of the ex-ante evaluation referred to in Article 139 and the SEA referred to in Directive 2001/42/EC and how they have been addressed or a justification of why they have not been taken into account, and a link to the complete ex-ante evaluation report and SEA report.
Annex II to the CAP Strategic Plan referred to in Article 107(2), point (b), shall include a SWOT analysis of the current situation of the area covered by the CAP Strategic Plan.
The SWOT analysis shall be based on the current situation of the area covered by the CAP Strategic Plan and shall comprise, for each specific objective set out in Article 6(1) and (2), an overall description of the current situation of the area covered by the CAP Strategic Plan, based on common context indicators and other quantitative and qualitative up-to-date information such as studies, past evaluation reports, sectoral analyses and lessons learned from previous experiences.
Where relevant, the SWOT analysis shall include an analysis of territorial aspects, including regional specificities, highlighting those territories specifically targeted by interventions, and an analysis of sectoral aspects, in particular for those sectors that are subject to specific interventions or programmes.
In addition, that description shall, in particular, highlight in relation to each general and specific objective set out in Article 5 and Article 6(1) and (2):
- (a) strengths identified in the CAP Strategic Plan area;
- (b) weaknesses identified in the CAP Strategic Plan area;
- (c) opportunities identified in the CAP Strategic Plan area;
- (d) threats identified in the CAP Strategic Plan area.
For the specific objectives set out in Article 6(1), points (d), (e) and (f), the SWOT analysis shall refer to the national plans emanating from the legislative acts listed in Annex XIII.
For the specific objective set out in Article 6(1), point (g), the SWOT analysis shall include a short analysis of access to land, land mobility and land restructuring, access to finance and credits, and access to knowledge and advice.
For the cross-cutting objective set out in Article 6(2), the SWOT analysis shall also provide relevant information about the functioning of the AKIS and related structures.
Annex III to the CAP Strategic Plan referred to in Article 107(2), point (c), shall include the outcomes of the consultation of the partners, and in particular the relevant authorities at regional and local level, and a brief description of how the consultation was carried out.
Annex IV to the CAP Strategic Plan referred to in Article 107(2), point (d), shall provide a brief description of the crop-specific payment for cotton and its complementarity with the other CAP Strategic Plan interventions.
Annex V to the CAP Strategic Plan referred to in Article 107(2), point (e), shall contain the following:
- (a) a short description of additional national financing for interventions in rural development laid down in Title III, Chapter IV, which is provided within the scope of the CAP Strategic Plan, including the amounts per intervention and indication of compliance with the requirements under this Regulation;
- (b) an explanation of the complementarity with the CAP Strategic Plan interventions;
- (c) an indication as to whether the additional national financing falls outside the scope of Article 42 TFEU and is subject to State aid assessment; and
- (d) the national financial assistance in the fruit and vegetables sector referred to in Article 53.
Annex VI to the CAP Strategic Plan referred to in Article 107(2), point (f), shall contain the following information as regards transitional national aid:
- (a) the annual sector-specific financial envelope for each sector for which transitional national aid is granted;
- (b) where relevant, the maximum unit rate of support for each year of the period;
- (c) where relevant, information as regards the reference period modified in accordance with Article 147(2), second subparagraph;
- (d) a brief description of the complementarity of the transitional national aid with CAP Strategic Plan interventions.
Article 116
Delegated powers for the content of the CAP Strategic Plan
The Commission is empowered to adopt delegated acts in accordance with Article 152 until 31 December 2023 amending this Chapter as regards the content of the CAP Strategic Plan and its annexes. Those delegated acts shall be strictly limited to addressing problems experienced by Member States.
Article 117
Implementing powers for the content of the CAP Strategic Plan
The Commission may adopt implementing acts laying down rules for the presentation of the elements described in Articles 108 to 115 in CAP Strategic Plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 153(2).
CHAPTER III APPROVAL AND AMENDMENT OF THE CAP STRATEGIC PLAN
Article 118
Approval of the CAP Strategic Plan
Each Member State shall submit to the Commission a proposal for a CAP Strategic Plan, with the content referred to in Article 107, no later than 1 January 2022.
The Commission shall assess the proposed CAP Strategic Plan as regards its completeness, its consistency and coherence with the general principles of Union law, with this Regulation and the delegated and implementing acts adopted pursuant to it and with Regulation (EU) 2021/2116, its effective contribution to the achievement of the specific objectives set out in Article 6(1) and (2) and its impact on the proper functioning of the internal market and distortion of competition and on the level of administrative burden on beneficiaries and administration. The assessment shall address, in particular, the adequacy of the strategy of the CAP Strategic Plan, the corresponding specific objectives, targets, interventions and the allocation of budgetary resources to meet the specific CAP Strategic Plan objectives through the proposed set of interventions on the basis of the SWOT analysis and the ex-ante evaluation.
Depending on the results of the assessment referred to in paragraph 2, the Commission may address observations to the Member States within three months of the date of submission of the CAP Strategic Plan.
The Member State shall provide to the Commission all necessary additional information and, where appropriate, revise the proposed plan.
The Commission shall approve the proposed CAP Strategic Plan provided that the necessary information has been submitted and the Plan is compatible with Article 9 and the other requirements set out in this Regulation and in Regulation (EU) 2021/2116 as well as the delegated and implementing acts adopted pursuant to them. The approval shall exclusively be based on acts which are legally binding on Member States.
The approval of each CAP Strategic Plan shall take place no later than six months following its submission by the Member State concerned.
The approval shall not cover the information referred to in Article 113, point (c), and in Annexes I to IV to the CAP Strategic Plan referred to in Article 107(2), points (a) to (d).
In duly justified cases, a Member State may ask the Commission to approve a CAP Strategic Plan which does not contain all elements. In that case the Member State concerned shall indicate the parts of the CAP Strategic Plan that are missing and provide indicative targets and financial plans as referred to in Article 112 for the whole CAP Strategic Plan in order to show the overall consistency and coherence of the plan. The missing elements of the CAP Strategic Plan shall be submitted to the Commission as an amendment of the plan in accordance with Article 119 within a timeframe not exceeding three months from the date of approval of the CAP Strategic Plan.
Each CAP Strategic Plan shall be approved by the Commission by means of an implementing decision without applying the Committee procedure referred to in Article 153.
The CAP Strategic Plans shall have legal effects only after their approval by the Commission.
Article 119
Amendments of the CAP Strategic Plans
Member States may amend their CAP Strategic Plans. They shall do so by submitting requests for strategic amendment pursuant to paragraph 2 or by notifying the amendment pursuant to paragraph 9.
Requests for strategic amendments of their CAP Strategic Plans shall be submitted to the Commission. The following amendments of the CAP Strategic Plans are strategic amendments:
- (a) amendments introducing new interventions or deleting interventions from the CAP Strategic Plans;
- (b) amendments that lead to changes of milestones or targets under the result indicators which are marked with ‘PR’ in Annex I;
- (c) amendments related to Article 17(5), Article 88(7), Articles 92 to 98, Article 103(1), (5) and (6) or Article 103a;
- (d) amendments of the target and financial plans in the CAP Strategic Plan referred to in Article 112, including amendments to the contribution from EAFRD to InvestEU referred to in Article 81, amendments to the EAFRD total contribution to each type of intervention for the entire period covered by the CAP Strategic Plan or amendments related to the EAFRD contribution rates referred to in Article 91.
Requests for strategic amendments shall be duly justified and shall, in particular, set out the expected impact of the changes to the CAP Strategic Plan on achieving the specific objectives set out in Article 6(1) and (2). They shall be accompanied by the amended CAP Strategic Plan including the updated annexes as appropriate.
The Commission shall assess the consistency of strategic amendments with this Regulation and Regulation (EU) 2021/2116, as well as the delegated and implementing acts adopted pursuant to them, and the effective contribution of strategic amendments to achieving the specific objectives.
The Commission shall approve the requested strategic amendment provided that the necessary information has been submitted by a Member State concerned and the strategic amendment is compatible with this Regulation and Regulation (EU) 2021/2116, as well as the delegated and implementing acts adopted pursuant to them.
The Commission shall make observations within 30 working days from the submission of the request for strategic amendment. The Member States shall provide the Commission with all necessary additional information.
The Commission shall approve a request for strategic amendment no later than three months after its submission by the Member State.
A request for strategic amendment may be submitted twice per calendar year, subject to possible exceptions provided for in this Regulation or to be determined by the Commission in accordance with Article 122. In addition, three further requests for strategic amendment may be submitted during the duration of the CAP Strategic Plan period. This paragraph shall not apply to requests for amendments to submit the missing elements of the CAP Strategic Plan in accordance with Article 118(5).
A request for strategic amendment related to Article 17(5), Article 78b, Article 88(7), Article 103(5) or (6) or Article 103a shall not count for the limitation laid down in the first subparagraph of this paragraph.
A strategic amendment related to Article 17(5), Article 88(7) or Article 103(1) in relation to the EAGF shall take effect from 1 January of the calendar year following the year of approval of the request for that strategic amendment by the Commission and following the corresponding amendment of the allocations in accordance with Article 87(2).
A strategic amendment related to Article 103(1) or (6) in relation to the EAFRD shall take effect after the approval of the request for that strategic amendment by the Commission and following the corresponding amendment of the allocations in accordance with Article 89(4).
A strategic amendment related to the EAGF, other than the amendments referred to in the first subparagraph of this paragraph, shall take effect from a date to be determined by the Member State but not earlier than from the date of submission to the Commission of the request for that amendment. Member States may set a different date or dates of effect for different elements of the strategic amendment. Where the strategic amendment could place the farmers concerned in a less favourable position than that which they enjoyed prior to that amendment, Member States shall take into account, when determining the date of effect of the amendment, the need of farmers and other beneficiaries to have sufficient time to take that amendment into account. The planned date of effect for strategic amendment related to the EAGF shall be indicated by the Member State in the request for strategic amendment and shall be subject to approval by the Commission in accordance with paragraph 10 of this Article.
Member States may, at any time, make and apply amendments to their CAP Strategic Plans other than strategic amendments. They shall notify those other amendments to the Commission by the time they start applying them and add them to the amended CAP Strategic Plan submitted together with the next request for strategic amendment in accordance with paragraph 2.
Where amendments are introduced in relation to GAEC standards 1 and 4, Member States shall ensure and provide a specific justification that such amendments do not put at risk environmental and climate objectives linked to the conservation of permanent grassland or the protection of watercourses from pollution, as appropriate.
Where the Commission does not object to notified amendments within 30 working days from the date of submission of the notification, the amendments shall have legal effects from the date of submission of the notification. The Commission shall object to a notified amendment if it finds that the amendment is not compatible with this Regulation or Regulation (EU) 2021/2116, or the delegated and implementing acts adopted pursuant to them.
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