Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union

Date of Signature02 December 2021
Celex Number32021R2117
ELIhttp://data.europa.eu/eli/reg/2021/2117/oj
Published date06 December 2021
Date02 December 2021
Official Gazette PublicationOfficial Journal of the European Union, L 435, 6 December 2021
L_2021435EN.01026201.xml
6.12.2021 EN Official Journal of the European Union L 435/262

REGULATION (EU) 2021/2117 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 2 December 2021

amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 114, Article 118, first paragraph, and Article 349 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Having regard to the opinion of the Court of Auditors (3),

Acting in accordance with the ordinary legislative procedure (4),

Whereas:

(1) The Communication from the Commission of 29 November 2017 entitled ‘The Future of Food and Farming’ sets out the challenges, objectives and orientations for the future common agricultural policy (CAP) after 2020. Those objectives include making the CAP more result-driven, boosting modernisation and sustainability, including the economic, social, environmental and climate sustainability of the agricultural, forestry and rural areas, and helping reduce the Union legislation-related administrative burden for beneficiaries.
(2) Since the CAP needs to sharpen its responses to the challenges and opportunities as they manifest themselves at international, Union, national, regional, local and farm levels, it is necessary to streamline the governance of the CAP and improve its delivery on the Union objectives and to significantly decrease the administrative burden. The CAP should be based on delivery of performance. Therefore, the Union should set the basic policy parameters, such as the objectives of the CAP and its basic requirements, while Member States should bear greater responsibility as to how they meet the objectives and achieve targets. Enhanced subsidiarity makes it possible to better take into account local conditions and needs and the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions, tailoring the support to maximise the contribution to the achievement of Union objectives.
(3) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union (‘TFEU’) apply to this Regulation. Those rules are laid down in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (5) (the ‘Financial Regulation’) and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also include a general regime of conditionality for the protection of the Union budget.
(4) To ensure the coherence of the CAP, all interventions of the future CAP should be part of a strategic plan which would include types of intervention in certain sectors that were provided for in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (6).
(5) Annex II to Regulation (EU) No 1308/2013 sets out certain definitions concerning sectors falling within the scope of that Regulation. The definitions concerning the sugar sector set out in Part II, Section B, of that Annex should be deleted because they are no longer applicable. In order to update the definitions concerning other sectors referred to in that Annex in light of new scientific knowledge or market developments, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the amendment of those definitions, but not the power to add new definitions. Consequently, the individual empowerment delegated to the Commission in Part II, Section A, point 4, of that Annex to amend the definition of inulin syrup should be deleted. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (7). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(6) Part I of Regulation (EU) No 1308/2013 should be simplified. Redundant and obsolete definitions and provisions empowering the Commission to adopt implementing acts should be deleted.
(7) In light of the experience gained, certain public intervention periods should be extended. Where the opening of public intervention is automatic, the public intervention period should be extended by one month. Where the opening of public intervention depends on market developments, the public intervention period should be the entire year.
(8) For the purposes of increased transparency, and in the context of the Union’s international commitments, it is appropriate to provide for the publication of relevant volume and price information on the buying-in and on the selling of products bought in under public intervention.
(9) The granting of aid for the private storage of olive oil has proved to be an effective tool for market stabilisation. In light of the experience gained and in order to ensure a fair standard of living and to stabilise the market in the olive oil and table olives sector, it is appropriate to extend the list of products that are eligible for aid for private storage to also cover table olives.
(10) Following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union, the limits on Union aid for the supply of fruit and vegetables and of milk and milk products in educational establishments, set out in Article 23a of Regulation (EU) No 1308/2013, should be updated. It is appropriate for reasons of legal certainty to provide for the reduced limits to apply with retroactive effect from 1 January 2021.
(11) Provisions concerning aid schemes set out in Part II, Title I, Chapter II, Sections 2 to 6, of Regulation (EU) No 1308/2013 should be deleted, as all types of intervention in the sectors concerned are set out in Regulation (EU) 2021/2115 of the European Parliament and of the Council (8).
(12) Union wine policy, with its existing scheme of authorisations that has allowed for the orderly growth of vine plantings since 2016, has contributed to increasing the competitiveness of the Union wine sector and to encouraging high-quality production. While the wine sector has achieved a balance between production supply, quality, consumer demand and exports on the world market, that balance is not yet sufficiently longstanding or stable, in particular when the wine sector is faced with serious market disturbances. In addition, there is a trend towards a continued decrease in wine consumption in the Union due to changes in consumer habits and lifestyle. As a consequence, in the long term the liberalisation of new vine plantings risks threatening the balance achieved so far between the supply capacity of the sector, a fair standard of living for producers and reasonable prices for consumers. This risks jeopardising the positive developments achieved through Union legislation and policies in recent decades.
(13) The existing scheme of authorisations for vine plantings is also considered essential to ensuring diversity of wines and responding to the specificities of the Union wine sector. The Union wine sector has specific characteristics, including the long cycle of vineyards, given that production only takes place several years after planting but then continues for several decades, and given the potential for considerable fluctuations in production from one harvest to the next. Unlike many wine-producing third countries, the Union wine sector is also characterised by a very high number of small, family-run farms, which results in a diverse range of wines. In order to guarantee the economic viability of their projects and to improve the competitiveness of the Union wine sector on the global market, operators in the sector and producers therefore need long-term predictability, given the significant investment required to plant a vineyard.
(14) In order to secure the achievements of the Union wine sector up to now and to achieve a long-lasting quantitative and qualitative balance in the sector through the continued orderly growth of vine plantings beyond 2030, the scheme of authorisations for vine plantings should be extended until 2045, i.e. for a period equivalent to the initial period in place since 2016, but with two mid-term reviews to be carried out in 2028 and 2040, in order to evaluate the scheme and, if necessary, to present proposals on the basis of the results of those mid-term reviews to improve the competitiveness of the wine
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