Implementing regulation 2021/238 - Amendment of Implementing Regulation (EU) 2020/532 as regards a derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands - Main contents
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official title
Commission Implementing Regulation (EU) 2021/238 of 16 February 2021 amending Implementing Regulation (EU) 2020/532 as regards a derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2021/238 |
| Regdoc number | C(2021)903 |
| CELEX number i | 32021R0238 |
| Document | 16-02-2021; Date of adoption |
|---|---|
| Publication in Official Journal | 17-02-2021; OJ L 56 p. 10-12 |
| Effect | 20-04-2020; Application See Art 2 17-02-2021; Entry into force Date pub. See Art 2 |
| End of validity | 31-12-9999 |
17.2.2021 |
EN |
Official Journal of the European Union |
L 56/10 |
COMMISSION IMPLEMENTING REGULATION (EU) 2021/238
of 16 February 2021
amending Implementing Regulation (EU) 2020/532 as regards a derogation from Implementing Regulations (EU) No 180/2014 and (EU) No 181/2014 for checks of specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular points (a) and (b) of the first subparagraph of Article 62(2) thereof,
Having regard to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (2), and in particular Article 8 and the second subparagraph of Article 18(1) thereof,
Having regard to Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 (3), and in particular Article 7, Article 11(3) and the second subparagraph of Article 14(1) thereof,
Whereas:
(1) |
Due to the pandemic of COVID-19 and the extensive movement restrictions put in place in the Member States, exceptional administrative difficulties have been encountered in all Member States with the planning and execution of timely on-the-spot checks to the required number. |
(2) |
In view of the unprecedented nature of those circumstances, it was necessary to alleviate those difficulties by derogating from different Implementing Regulations applicable in the area of the common agricultural policy as regards certain administrative and on-the-spot checks. |
(3) |
Commission Implementing Regulation (EU) 2020/532 (4) contains derogations from, inter alia, Commission Implementing Regulations (EU) No 809/2014 (5), (EU) No 180/2014 (6) and (EU) No 181/2014 (7). |
(4) |
Article 22 of Implementing Regulation (EU) No 180/2014 and Article 20 of Implementing Regulation (EU) No 181/2014 provide that in all appropriate cases, Member States concerned shall make use of the integrated administration and control system when performing checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands. The derogations specified in Chapter I of Implementing Regulation (EU) 2020/532 in respect of controls performed in the integrated administration and control system for direct payments and cross compliance apply therefore mutatis mutandis for these controls. |
(5) |
Certain on-the-spot checks on specific measures for agriculture in the outermost regions of the Union and the smaller Aegean islands are however performed outside of the integrated administration and control system, the derogations provided for in Chapter II of Implementing Regulation (EU) 2020/532 appeared not be sufficient to address the difficulties encountered in performing the on-the-spot-checks accurately and within the time limit, especially taking into account the geographical remoteness of the outermost regions. |
(6) |
Therefore it is appropriate to extend the derogations referred to in Chapter II of Implementing Regulation (EU) 2020/532 to the use of alternative evidence and/or adapted timing, provided that these could serve to verify the correct implementation of the measures while maintaining an... |
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