2024/2030

24.7.2024

COMMISSION IMPLEMENTING REGULATION (EU) 2024/2030

of 23 July 2024

providing for emergency financial support for the fruit and vegetables sector and the wine sector affected by adverse climatic events in Austria, Czechia and Poland, in accordance with Regulation (EU) No 1308/2013 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 221(1) thereof,

Whereas:

(1) During the spring of 2024, parts of Austria were affected by adverse climatic events of unprecedent magnitude (frost), which had been preceded by unusually warm temperatures in January, February and March. The vegetation, which was on average 3 weeks premature, was thus more susceptible to the lower than usual temperatures that occurred during the spring. The frost wave significantly affected pome fruits and stone fruits, and the wine sector.

(2) During the two weeks in the second half of April 2024, the territory of Czechia was affected by adverse climatic events of unprecedent magnitude (frost), causing lower than usual temperatures which lasted for several days. Given the very high level of vegetation development due to the extremely warm weather in March, unprecedented damage to orchards and vines occurred. The frost wave severely affected the fruit production and the wine sector.

(3) During the month of April 2024, parts of Poland were affected by adverse climatic events of unprecedented magnitude (frost). Given the high level of vegetation development due to favourable conditions in March, the frost negatively affected fruit and vegetables, especially orchards and berries, and the wine sector. During the month of May 2024 additional adverse climatic events (hail) affected the fruit and vegetables sector by producing additional damages.

(4) While there are indications that similar adverse climatic events occur in an overall context of increasing climate change-related risks to agriculture, the intensity of the events in Austria, Czechia and Poland has been extraordinary, affecting a significant area and share of production.

(5) The significant damages caused by those adverse climatic events to agricultural producers and the resulting loss of income for the affected producers in Austria, Czechia and Poland endanger the economic viability of agricultural holdings.

(6) An exceptional measure should therefore be adopted to contribute to addressing the specific problems in the wake of those adverse climatic events.

(7) The significant damages and economic loss suffered by agricultural producers due to adverse climatic events constitute a specific problem within the meaning of Article 221 of Regulation (EU) No 1308/2013 that cannot be readily addressed by measures taken pursuant to Articles 219 or 220 of that Regulation. The situation is not specifically linked to an identified unique market disturbance or a precise threat thereof. It is not linked either to measures that would combat the spread of animal diseases or the loss of consumer confidence due to public, animal or plant health risks.

(8) The amounts made available to Austria, Czechia and Poland should be determined, taking into account, in particular, the respective weight of Austria, Czechia and Poland in the Union’s agricultural sector, on the basis of the net ceilings for direct payments set out in Annex V to Regulation (EU) 2021/2115 of the European Parliament and of the Council (2), as well as the impact of the recent adverse climatic events in these Member States.

(9) Austria, Czechia and Poland should distribute the aid through the most effective channels on the basis of objective and non-discriminatory criteria that take account of the extent of the difficulties and actual economic damages faced by the farmers concerned. They should ensure that farmers are the ultimate beneficiaries of the aid and avoid any distortions of the market or of competition.

(10) As the amounts allocated to Austria, Czechia and Poland would address the economic difficulties faced by farmers only partially, the Member State should be allowed to grant additional national support to farmers, under the conditions set by this Regulation.

(11) In order to give Austria, Czechia and Poland the flexibility to distribute the aid as circumstances of the farmers concerned require, it should be allowed to cumulate that aid with other support financed by the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development without overcompensating the farmers.

(12) In order to avoid overcompensation, Austria, Czechia and Poland should take into account the support granted under other national or Union support instruments or private schemes to respond to the economic losses concerned.

(13) For budgetary reasons, the Union should finance the expenditure incurred by Austria, Czechia and Poland under this exceptional measure only where such expenditure is made by a certain eligibility date. The support for this exceptional measure should therefore be paid by 31 January 2025.

(14) As no payments are to be made after 31 January 2025, Article 5(2) of Commission Delegated Regulation (EU) 2022/127 (3), providing for a proportional reduction of the monthly payments effected after the deadline, is not to apply.

(15) Austria, Czechia and Poland should communicate to the Commission detailed information about the implementation of this Regulation, to enable the Union to monitor the efficiency of the measure introduced by this Regulation.

(16) In order to ensure that farmers receive aid as soon as possible, Austria, Czechia and Poland should be enabled to implement this Regulation without delay. Therefore, this Regulation should enter into force on the day following that of its publication in the

Official Journal of the European Union

(17) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

1. Union aid of a total amount of EUR 10 million shall be available to Austria, Union aid of a total amount of EUR 15 million shall be available to Czechia and Union aid of a total amount of EUR 37 million shall be available to Poland, to provide exceptional support to farmers subject to the conditions set out in this Regulation.

2. Austria, Czechia and Poland shall use the amounts referred to in paragraph 1 for measures aiming to compensate the most affected farmers in the fruit and vegetables sector and in the wine sector, for the economic losses impacting on the viability of farmers.

3. The measures referred to in paragraph 2 shall be taken on the basis of objective and non-discriminatory criteria that take account of the actual economic losses borne by the affected farmers and ensure that the resulting payments do not cause any market or competition distortion.

4. Austria, Czechia and Poland shall ensure that, when farmers are not the direct beneficiaries of the payments of the Union aid, the economic benefit of the Union aid is passed on to them in full.

5. The expenditure borne by Austria, Czechia and Poland referred to in paragraph 1 in relation to the payments for the measures referred to in paragraph 2 shall only be eligible for Union aid if those payments are made by 31 January 2025.

6. Measures under this Regulation may be cumulated with other support financed by the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development.

7. Austria, Czechia and Poland may grant additional national support for the measures taken under paragraph 2 up to a maximum of 200 % of the respective amounts set out in paragraph 1, on the basis of objective and non-discriminatory criteria, provided that the resulting payments do not cause any market or competition distortion, or overcompensation.

8. In order to avoid overcompensation, when granting support under this Regulation, Austria, Czechia and Poland shall take into account the support granted under other national or Union support instruments or private schemes to respond to the economic losses concerned.

Article 2

1. Without delay, and no later than 31 October 2024, Austria, Czechia and Poland shall notify to the Commission of the following, in relation to the measures referred to in Article 1:

(a) a description of the measures to be taken;

(b) the criteria used to determine the methods for granting the aid, its amounts and the rationale for distributing the aid across farmers;

(d) the actions taken to verify that the intended impact of the measures is reached;

(e) the actions taken to avoid distortion of competition and overcompensation;

(f) the forecast for payments of the Union expenditure broken-down per month until 31 January 2025;

(g) the level of additional support granted pursuant to Article 1(7);

(h) the actions taken to control the eligibility of farmers and to protect the financial interests of the Union.

2. No later than 15 June 2025, Austria, Czechia and Poland shall notify the Commission of the total amounts paid per measure, when applicable, broken down by Union aid and additional national aid, the number and type of beneficiaries and the assessment of the effectiveness of the measure.

Article 3

This Regulation shall enter into force on the day following that of its publication in the

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 July 2024.

For the Commission

The President

Ursula VON DER LEYEN

(1)

OJ L 347, 20.12.2013, p. 671

. ELI:

http://data.europa.eu/eli/reg/2013/1308/oj

(2) Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (

OJ L 435, 6.12.2021, p. 1

, ELI:

http://data.europa.eu/eli/reg/2021/2115/oj

(3) Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with rules on paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (

OJ L 20, 31.1.2022, p. 95

, ELI:

http://data.europa.eu/eli/reg_del/2022/127/oj

ELI: http://data.europa.eu/eli/reg_impl/2024/2030/oj

ISSN 1977-0677 (electronic edition)