Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008

Published date01 August 2017
Official Gazette PublicationGazzetta ufficiale dell’Unione europea, L 347, 20 dicembre 2013,Diario Oficial de la Unión Europea, L 347, 20 de diciembre de 2013,Journal officiel de l’Union européenne, L 347, 20 décembre 2013

02013R1306 — EN — 01.01.2018 — 002.001


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►B REGULATION (EU) No 1306/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347 20.12.2013, p. 549)

Amended by:

Official Journal
No page date
►M1REGULATION (EU) No 1310/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 L 347 865 20.12.2013
►M2REGULATION (EU) 2016/791 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2016 L 135 1 24.5.2016
►M3REGULATION (EU) 2017/2393 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2017 L 350 15 29.12.2017


Corrected by:

►C1Corrigendum, OJ L 130, 19.5.2016, p. 6 (1306/2013)
►C2Corrigendum, OJ L 327, 9.12.2017, p. 83 (1306/2013)




▼B

REGULATION (EU) No 1306/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 December 2013

on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008



TITLE I

SCOPE AND DEFINITIONS

Article 1

Scope

This Regulation lays down the rules on:

(a)the financing of expenditure under the Common Agricultural Policy (CAP), including expenditure on rural development;

(b)the farm advisory system;

(c)the management and control systems to be put in place by the Member States;

(d)the cross-compliance system;

(e)clearance of accounts.

Article 2

Terms used in this Regulation

1. For the purpose of this Regulation:

(a)"farmer", means a farmer within the meaning of Article 4 of Regulation (EU) 1307/2013;

(b)"agricultural activity" means an agricultural activity within the meaning of Article 4 of Regulation (EU) 1307/2013;

(c)"agricultural area" means an agricultural area within the meaning of Article 4 of Regulation (EU) 1307/2013;

(d)"holding" means holding within the meaning of Article 4 of Regulation (EU) 1307/2013, save as provided for in Article 91(3);

(e)"direct payments" means direct payments within the meaning of Article 1 of Regulation (EU) 1307/2013;

(f)"sectoral agricultural legislation" means any applicable acts adopted within the framework of the CAP on the basis of Article 43 TFEU as well as, where applicable, any delegated or implementing acts adopted on the basis of such acts, and Part Two of Regulation (EU) No 1303/2013 insofar as it applies to the EAFRD;

(g)"irregularity" means an irregularity within the meaning of Article 1(2) of Regulation (EC, Euratom) No 2988/95.

2. For the purposes of the financing, management and monitoring of the CAP, "force majeure" and "exceptional circumstances" may, in particular, be recognised in the following cases:

(a)the death of the beneficiary;

(b)long-term professional incapacity of beneficiary;

(c)a severe natural disaster gravely affecting the holding;

(d)the accidental destruction of livestock buildings on the holding;

(e)an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively;

(f)expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application.



TITLE II

GENERAL PROVISIONS ON AGRICULTURAL FUNDS



CHAPTER I

Agricultural Funds

Article 3

Funds financing agricultural expenditure

1. In order to achieve the objectives of the CAP as set out in the TFEU, the financing of the various measures falling under that policy, including rural development shall be made by:

(a)the European Agricultural Guarantee Fund (EAGF);

(b)the European Agricultural Fund for Rural Development (EAFRD).

2. The EAGF and the EAFRD (the "Funds") shall come under the general budget of the European Union (the Union's budget).

Article 4

EAGF expenditure

1. The EAGF shall be implemented in shared management between the Member States and the Union. It shall finance the following expenditure, which shall be effected in accordance with Union law:

(a)measures regulating or supporting agricultural markets;

(b)direct payments to farmers under the CAP;

(c)the Union's financial contribution to information and promotion measures for agricultural products on the internal market of the Union and in third countries, undertaken by Member States on the basis of programmes other than those referred to in Article 5 and which are selected by the Commission;

▼M2

(d)the Union's financial contribution to the measures related to animal diseases and loss of consumer confidence as referred to in Article 220 of Regulation (EU) No 1308/2013.

▼B

2. The EAGF shall finance the following expenditure in a direct manner and in accordance with Union law:

(a)promotion of agricultural products, undertaken either directly by the Commission or through international organisations;

(b)measures, taken in accordance with Union law, to ensure the conservation, characterisation, collection and utilisation of genetic resources in agriculture;

(c)the establishment and maintenance of agricultural accounting information systems;

(d)agricultural survey systems, including surveys on the structure of agricultural holdings.

Article 5

EAFRD expenditure

The EAFRD shall be implemented in shared management between the Member States and the Union. It shall finance the Union's financial contribution to rural development programmes implemented in accordance with the Union law on support for rural development.

Article 6

Other expenditure, including technical assistance

The Funds may each, finance, in a direct manner, on the initiative of the Commission and/or on its behalf, the preparatory, monitoring, administrative and technical support activities, as well as evaluation, audit and inspection measures required to implement the CAP. Those measures shall include, in particular:

(a)measures required for the analysis, management, monitoring, information exchange and implementation of the CAP, as well as measures relating to the implementation of control systems and technical and administrative assistance;

(b)the acquisition by the Commission of the satellite images required for the checks in accordance with Article 21;

(c)the measures taken by the Commission through remote-sensing applications used for the monitoring of agricultural resources in accordance with Article 22;

(d)measures required to maintain and develop methods and technical means for information, interconnection, monitoring and control of the financial management of the funds used to finance the CAP;

(e)provision of information on the CAP in accordance with Article 45;

(f)studies on the CAP and evaluations of measures financed by the Funds, including improvement of evaluation methods and exchange of information on practices under the CAP;

(g)where relevant, executive agencies that are set up in accordance with Council Regulation (EC) No 58/2003 (1), acting in connection with the CAP;

(h)measures relating to dissemination of information, raising awareness, promoting cooperation and exchanging experience at Union level, taken in the context of rural development, including the networking of the parties concerned;

(i)measures required for the development, registration and protection of logos within the framework of the Union quality policies and for the protection of intellectual property rights linked to it, as well as the necessary information technology (IT) developments.



CHAPTER II

Paying agencies and other bodies

Article 7

Accreditation and withdrawal of accreditation of paying agencies and coordinating bodies

1. Paying agencies shall be departments or bodies of the Member States responsible for the management and control of expenditure referred to in Article 4(1) and Article 5.

With the exception of payment, the carrying out of those tasks may be delegated

2. Member States shall accredit as paying agencies departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal and regular, and properly accounted for. To this end, paying agencies shall comply with minimum conditions for the accreditation with regard to internal environment, control activities, information and communication and monitoring laid down by the Commission pursuant to point (a) of Article 8(1).

Each Member State shall, taking into account its constitutional provisions, restrict the number of its accredited paying agencies to no more than one at national level or, where applicable, to one per region. However, where paying agencies are established at regional level, Member States shall, in addition, either accredit a paying agency at national level for aid schemes which, by their nature, have to be managed at national level or shall confer the management of these schemes on their regional paying agencies.

By way of derogation from the second subparagraph, Member States may maintain the number of paying agencies which have been accredited before 20 December 2013.

Before the end of 2016, the Commission shall present a...

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