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3.10.2013 Official
Journal
of
the
European
Union L
261/25
COMMISSION IMPLEMENTING REGULATION (EU) No 946/2013
of 2 October 2013
on advances to be paid from 16 October 2013 of the direct payments listed in Annex I to Council
Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers
under the common agricultural policy and establishing certain support schemes for farmers
THE EUROPEAN COMMISSION,
(3) In
order
to
ensure
that
the
advance
payments
will
be
accounted for under the 2014 budget year, they should
be made from 16 October 2013. The necessary verifi
cation of eligibility conditions under Article 29(3) of
Having regard to the Treaty on the Functioning of the European
Regulation (EC) No 73/2009 should nevertheless be
Union,
carried out before payment of the advances in the
interests of good financial management.
Having regard to Council Regulation (EC) No 73/2009 of
19 January 2009 establishing common rules for direct
(4) According
to
Article
18(5)
of
Council
Regulation
(EC)
No
support schemes for farmers under the common agricultural
1290/2005 ( 3 ), the Council may adapt the adjustment
policy and establishing certain support schemes for farmers,
rate for direct payments until 1 December, on a
amending Regulations (EC) No 1290/2005, (EC)
proposal by the Commission and on the basis of new
No 247/2006, (EC) No 378/2007 and repealing Regulation
information in its possession. As a consequence, the
(EC) No 1782/2003 ( 1 ), and in particular Article 29(4)(a)
adjustment rate of financial discipline referred to in
thereof,
Article 11 of Regulation (EC) No 73/2009 eventually
applied may not be known by 16 October 2013.
Therefore the maximum advances that can be paid
should be set as a percentage of the direct payments
Whereas:
before the adjustment referred to in Article 11 of Regu
lation (EC) No 73/2009. The definitive payment after
1 December 2013 will take into account the final
adjustment rate of financial discipline applicable at that
time.
(1) Article
29(2)
of
Regulation
(EC)
No
73/2009
provides
that payments under support schemes listed in Annex I
to that Regulation are to be made within the period from
1 December to 30 June of the following calendar year.
However, Article 29(4)(a) of that Regulation permits the
(5) The
measures
provided
for
in
this
Regulation
are
in
Commission to provide for advances.
accordance with the opinion of the Management
Committee for Direct Payments,
(2) Unfavourable
weather
conditions
in
Europe,
with
a
very
harsh winter and rainfalls resulting in severe flooding in
HAS ADOPTED THIS REGULATION:
some Member States, have caused serious damages on
the crop and fodder production in 2013. Severe
financial difficulties have been encountered by farmers
as a result, in particular by cattle producers. These
Article 1
difficulties are compounded by the effects of the
ongoing financial crisis which have caused many
Member States may pay, from 16 October 2013, advances to
farmers to be confronted with serious liquidity
farmers of up to 50 % of the direct payments listed in Annex I
problems. In order to help to alleviate these difficulties
to Regulation (EC) No 73/2009 in respect of applications made
it is appropriate to allow for farmers to receive advance
in 2013 without taking into account the adjustment referred to
payments of up to 50 % of the support schemes listed in
in Article 11 of Regulation (EC) No 73/2009, provided that the
Annex I to Regulation (EC) No 73/2009. Regarding the
verification of the eligibility conditions pursuant to Article 20 of
beef and veal payments provided for in Section 11 of
Regulation (EC) No 73/2009 has been finalised.
Chapter 1 of Title IV of Regulation (EC) No 73/2009,
Member States should also be authorised to increase the
payment of advances as referred to in Article 82 of
Commission Regulation (EC) No 1121/2009 (
Regarding the beef and veal payments provided for in Section

2 ), to up
to 80 % of the payment.
11 of Chapter 1 of Title IV of Regulation (EC) No 73/2009,
Member States shall be authorised to increase the amount
referred to in the first paragraph to up to 80 %.
( 1 ) OJ L 30, 31.1.2009, p. 16.
( 2 ) Commission Regulation (EC) No 1121/2009 of 29 October 2009
laying down detailed rules for the application of Council Regulation
( 3 ) Council Regulation (EC) No 1290/2005 of 21 June 2005 on the
(EC) No 73/2009 as regards the support schemes for farmers
financing of the common agricultural policy (OJ L 209, 11.8.2005,
provided for in Titles IV and V thereof (OJ L 316, 2.12.2009, p. 27).
p. 1).

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L 261/26
EN
Official Journal of the European Union
3.10.2013
Article 2
This Regulation shall enter into force on the third 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, 2 October 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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