Council of the European Union and European Parliament 2 December 2021, Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013

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European Union · · · Cited by 2,154 · 02-12-2021

TITLE I. SCOPE AND DEFINITIONS
Article 1. Scope
Article 2. Definitions
Article 3. Exemptions in cases of force majeure and exceptional circumstances
TITLE II. GENERAL PROVISIONS ON AGRICULTURAL FUNDS
CHAPTER I. Agricultural funds
Article 4. Funds financing agricultural expenditure
Article 5. EAGF expenditure
Article 6. EAFRD expenditure
Article 7. Other expenditure, including technical assistance
CHAPTER II. Governance bodies
Article 8. Competent authority
Article 9. Paying agencies
Article 10. Coordinating bodies
Article 11. Commission powers relating to paying agencies and coordinating bodies
Article 12. Certification bodies
Article 13. Exchange of best practices
TITLE III. FINANCIAL MANAGEMENT OF THE EAGF AND EAFRD
CHAPTER I. EAGF
Section 1. Budgetary discipline
Article 14. Budget ceiling
Article 15. Compliance with the ceiling
Article 16. Agricultural reserve
Article 17. Financial discipline
Article 18. Budgetary discipline procedure
Article 19. Early-warning and monitoring system
Section 2. Financing of expenditure
Article 20. Monthly payments
Article 21. Procedure for monthly payments
Article 22. Administrative and personnel costs
Article 23. Public intervention expenditure
Article 24. Acquisition of satellite data
Article 25. Monitoring of agricultural resources
Article 26. Implementing powers relating to Articles 24 and 25
CHAPTER II. EAFRD
Section 1. General provisions concerning the EAFRD
Article 27. Provisions applying to all payments
Section 2. EAFRD financing under the CAP Strategic Plan
Article 28. Financial contribution from the EAFRD
Article 29. Budgetary commitments
Section 3. Financial contribution to interventions for rural development
Article 30. Provisions applying to payments for interventions for rural development
Article 31. Prefinancing arrangements
Article 32. Interim payments
Article 33. Payment of the balance and closure of the interventions for rural development in the CAP Strategic Plan
Article 34. Automatic decommitment for CAP Strategic Plans
CHAPTER III. Common provisions
Article 35. Agricultural financial year
Article 36. No double funding
Article 37. Eligibility of expenditure effected by the paying agencies
Article 38. Compliance with payment deadlines
Article 39. Reduction of monthly and interim payments
Article 40. Suspension of payments in relation to the annual clearance
Article 41. Suspension of payments in relation to the multi-annual performance monitoring
Article 42. Suspension of payments in relation to deficiencies in the governance systems
Article 43. Keeping separate accounts
Article 44. Payment to beneficiaries
Article 45. Assignment of revenue
Article 46. Information measures
Article 47. Other Commission powers relating to this Chapter
CHAPTER IV. Clearance of accounts
Section 1. General provisions
Article 48. Single audit approach
Article 49. Checks by the Commission
Article 50. Access to information
Article 51. Access to documents
Article 52. Commission powers relating to checks and documents and information and cooperation obligation
Section 2. Clearance
Article 53. Annual financial clearance
Article 54. Annual performance clearance
Article 55. Conformity procedure
Section 3. Recoveries for non-compliance
Article 56. Provisions specific to the EAGF
Article 57. Provisions specific to the EAFRD
Article 58. Implementing powers relating to the possible offsetting of the amounts and notification forms
TITLE IV. CONTROL SYSTEMS AND PENALTIES
CHAPTER I. General rules
Article 59. Protection of the financial interests of the Union
Article 60. Rules regarding checks to be carried out
Article 61. Non-compliance with public procurement rules
Article 62. Circumvention clause
Article 63. Compatibility of interventions for the purposes of checks in the wine sector
Article 64. Securities
CHAPTER II. Integrated administration and control system
Article 65. Scope and definitions relating to this Chapter
Article 66. Elements of the integrated system
Article 67. Data keeping and sharing
Article 68. Identification system for agricultural parcels
Article 69. Geo-spatial and animal-based application system
Article 70. Area monitoring system
Article 71. System for the identification of beneficiaries
Article 72. Control and penalty system
Article 73. System for the identification and registration of payment entitlements
Article 74. Delegated powers of the Commission relating to the integrated system
Article 75. Implementing powers relating to Articles 68, 69 and 70
CHAPTER III. Scrutiny of transactions
Article 76. Scope and definitions relating to this Chapter
Article 77. Scrutiny by Member States
Article 78. Cross-checks
Article 79. Mutual assistance
Article 80. Planning and reporting
Article 81. Access to information and scrutiny by the Commission
Article 82. Implementing powers relating to the scrutiny of transactions
CHAPTER IV. Control system and administrative penalties in relation to conditionality
Article 83. Control system for conditionality
Article 84. System of administrative penalties for conditionality
Article 85. Application and calculation of the administrative penalties
Article 86. Amounts resulting from the administrative penalties on conditionality
CHAPTER V. Control system and administrative penalties in relation to social conditionality
Article 87. Control system for social conditionality
Article 88. System of administrative penalties for social conditionality
Article 89. Application and calculation of the administrative penalty
TITLE V. COMMON PROVISIONS
CHAPTER I. Transmission of information
Article 90. Communication of information
Article 91. Confidentiality
Article 92. Implementing powers relating to transmission of information
CHAPTER II. Use of the euro
Article 93. General principles
Article 94. Exchange rate and operative event
Article 95. Safeguard measures and derogations
Article 96. Use of the euro by Member States that have not adopted the euro
CHAPTER III. Reporting
Article 97. Annual financial report
CHAPTER IV. Transparency
Article 98. Publication of information relating to beneficiaries
Article 99. Informing beneficiaries of the publication of data concerning them
Article 100. Implementing powers relating to transparency
CHAPTER V. Protection of personal data
Article 101. Processing and protection of personal data
TITLE VI. DELEGATED ACTS AND IMPLEMENTING ACTS
Article 102. Exercise of the delegation
Article 103. Committee procedure
TITLE VII. FINAL PROVISIONS
Article 104. Repeal
Article 105. Transitional measures
Article 106. Entry into force and application

6.12.2021

Official Journal of the European Union

L 435/187

REGULATION (EU) 2021/2116 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 2 December 2021

on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the

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