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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

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:

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

  2. the farm advisory system;

  3. the management and control systems to be put in place by the Member States;

  4. the cross-compliance system;

  5. clearance of accounts.

Article 2 Terms used in this Regulation

1.

For the purpose of this Regulation:

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

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

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

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

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

  6. "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;

  7. "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:

  1. the death of the beneficiary;

  2. long-term professional incapacity of beneficiary;

  3. a severe natural disaster gravely affecting the holding;

  4. the accidental destruction of livestock buildings on the holding;

  5. an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively;

  6. 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

Article 4 EAGF expenditure

Article 5 EAFRD expenditure

Article 6 Other expenditure, including technical assistance

CHAPTER II Paying agencies and other bodies

Article 7 Accreditation and withdrawal of accreditation of paying agencies and coordinating bodies

Article 8 Commission powers

Article 9 Certification bodies

Article 10 Admissibility of payments made by the paying agencies

Article 11 Payment in full to beneficiaries

TITLE III FARM ADVISORY SYSTEM

Article 12 Principle and scope

Article 13 Specific requirements relating to the farm advisory system

Article 14 Access to the farm advisory system

Article 15 Commission powers

TITLE IV FINANCIAL MANAGEMENT OF THE FUNDS

CHAPTER I EAGF

Section 1 Financing of expenditure

Article 16 Budget ceiling
Article 17 Monthly payments
Article 18 Procedure for monthly payments
Article 19 Administrative and personnel costs
Article 20 Public intervention expenditure
Article 21 Acquisition of satellite images
Article 22 Monitoring of agricultural resources
Article 23 Implementing powers

Section 2 Budget discipline

Article 24 Compliance with the ceiling
Article 25 Reserve for crises in the agricultural sector
Article 26 Financial discipline
Article 27 Budget discipline procedure
Article 28 Early-warning and monitoring system
Article 29 Reference exchange rates

CHAPTER II EAFRD

Section 1 General provisions for eafrd

Article 30 No double funding
Article 31 Provisions applying to all payments

Section 2 Financing of rural development programmes

Article 32 Financial contribution from the EAFRD
Article 33 Budget commitments

Section 3 Financial contribution to rural development programmes

Article 34 Provisions applying to payments for rural development programmes
Article 35 Prefinancing arrangements
Article 36 Interim payments
Article 37 Payment of the balance and closure of the programme
Article 38 Automatic decommitment for rural development programmes

CHAPTER III Common Provisions

Article 39 Agricultural financial year

Article 40 Compliance with payment deadlines

Article 41 Reduction and suspension of monthly and interim payments

Article 42 Suspension of payments in the case of late submission

Article 43 Assignment of revenue

Article 44 Keeping of separate accounts

Article 45 Information measures

Article 46 Commission powers

CHAPTER IV Clearance of accounts

Section I General provisions

Article 47 On-the-spot checks by the Commission
Article 48 Access to information
Article 49 Access to documents
Article 50 Commission powers

Section II Clearance

Article 51 Clearance of accounts
Article 52 Conformity clearance
Article 53 Commission powers

Section III Irregularities

Article 54 Common Provisions
Article 55 Provisions specific to the EAGF
Article 56 Provisions specific to the EAFRD
Article 57 Commission powers

TITLE V CONTROL SYSTEMS AND PENALTIES

CHAPTER I General rules

Article 58 Protection of the financial interests of the Union

Article 59 General principles of checks

Article 60 Circumvention clause

Article 61 Compatibility of support schemes for the purposes of checks in the wine sector

Article 62 Commission powers as regards checks

Article 63 Undue payments and administrative penalties

Article 64 Application of administrative penalties

Article 65 Suspension of payments to the Member States in specific cases covered by Regulation (EU) No 1308/2013

Article 66 Securities

CHAPTER II Integrated Administration and Control System

Article 67 Scope and terms used

Article 68 Elements of the integrated system

Article 69 Computerised database

Article 70 Identification system for agricultural parcels

Article 71 System for the identification and registration of payment entitlements

Article 72 Aid applications and payment claims

Article 73 System for the identification of beneficiaries

Article 74 Verification of eligibility conditions and reductions

Article 75 Payment to beneficiaries

Article 76 Delegated powers

Article 77 Application of administrative penalties

Article 78 Implementing powers

CHAPTER III Scrutiny of transactions

Article 79 Scope and definitions

Article 80 Scrutiny by Member States

Article 81 Objectives of the scrutiny

Article 82 Access to commercial documents

Article 83 Mutual assistance

Article 84 Programming

Article 85 Special departments

Article 86 Reports

Article 87 Access to information and scrutiny by the Commission

Article 88 Commission powers

CHAPTER IV Other provisions on checks and penalties

Article 89 Other checks and penalties related to marketing rules

Article 90 Checks related to designation of origin and geographical indications and protected traditional terms

TITLE VI CROSS-COMPLIANCE

CHAPTER I Scope

Article 91 General principle

Article 92 Beneficiaries concerned

Article 93 Rules on cross-compliance

Article 94 Obligations of Member States relating to good agricultural and environmental condition

Article 95 Information to beneficiaries

CHAPTER II Control system and administrative penalties in relation to cross-compliance

Article 96 Checks of cross-compliance

Article 97 Application of the administrative penalty

Article 98 Application of the administrative penalty in Bulgaria, Croatia and Romania

Article 99 Calculation of the administrative penalty

Article 100 Amounts resulting from cross-compliance

Article 101 Commission powers in relation to the application and calculation of administrative penalties

TITLE VII COMMON PROVISIONS

CHAPTER I Communication

Article 102 Communication of information

Article 103 Confidentiality

Article 104 Commission powers

CHAPTER II Use of the euro

Article 105 General principles

Article 106 Exchange rate and operative event

Article 107 Safeguard measures and derogations

Article 108 Use of the euro by non-euro Member States

CHAPTER III Report and evaluation

Article 109 Annual financial report

Article 110 Monitoring and evaluation of the CAP

CHAPTER IV Transparency

Article 111 Publication of beneficiaries

Article 112 Threshold

Article 113 Information of the beneficiaries

Article 114 Commission powers

TITLE VIII FINAL PROVISIONS

Article 115 Exercise of the delegation

Article 116 Committee procedure

Article 117 Processing and protection of personal data

Article 118 Level of implementation

Article 119 Repeal

Article 119a Derogation from Regulation (EU) No 966/2012

Article 120 Transitional measures

Article 121 Entry into force and application

ANNEX I

ANNEX II

ANNEX III

Joint statement by the European Parliament and the Council on cross-compliance