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13.4.2013 Official
Journal
of
the
European
Union L
105/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 335/2013
of 12 April 2013
amending Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council
Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural
Fund for Rural Development (EAFRD)
THE EUROPEAN COMMISSION,
(3)
It is important to ensure that the EAFRD resources of the
programming period following the 2007-13
programming period are devoted, as far as possible, to
implement that new strategy for rural development. A
Having regard to the Treaty on the Functioning of the European
period of overlapping application of rural development
Union,
programmes and the corresponding legal provisions of
the 2007-13 programming period and those of the
programming period following it is inevitable.
Having regard to Council Regulation (EC) No 1698/2005 of
Consequently, provision should be made to ensure that
20 September 2005 on support for rural development by the
measures established under the 2007-13 programming
European Agricultural Fund for Rural Development (EAFRD) (
period are applied under such conditions that they do

1 ),
and in particular Article 91 thereof,
not take up a disproportionate share of the financial
resources of the following programming period.
Whereas:
(4) It should therefore be provided that Member States
should not undertake new legal commitments to bene
ficiaries for multiannual measures which may extend well
(1) Commission
Regulation
(EC)
No
1974/2006
( 2 ) lays
into the following programming period and which, as a
down detailed rules for the application of Regulation
result of the new strategy for rural development, are
(EC) No 1698/2005.
likely to be discontinued or substantially modified.
(2) On
12
October
2011
the
Commission
adopted
a
proposal for a Regulation of the European Parliament
(5) Article
27(12)
and
Article
32a
of
Regulation
(EC)
No
and of the Council on support for rural development
1974/2006 limit the extension of the duration of
by the European Agricultural Fund for Rural Devel
ongoing agri-environment, animal welfare or forest-envi
opment (EAFRD) (
ronmental commitments to the end of the premium

3 ). That proposal introduces a new
strategy for rural development based on the policy
period to which the 2013 payment claim refers. In
options outlined in the Communication from the
order to ensure that any delays in the process of
Commission to the European Parliament, the Council,
submission and approval of the new rural development
the European Economic and Social Committee and the
programmes do not have a negative effect on the
Committee of the Regions on ‘The CAP towards 2020:
continuity of the implementation of the policy, the possi
meeting the food, natural resources and territorial chal
bility to extend those commitments should be prolonged
lenges of the future’
(
to the end of the premium period to which the 2014

4 ) and on the wide-ranging
discussion that followed it. When adopted, the proposal
payment claim refers.
will bring substantial changes to rural development
policy, in particular with regard to the content of a
number of measures provided for in Regulation (EC)
No 1698/2005 and included in the rural development
(6) As the end of the 2007-13 programming period
programmes of the Member States.
approaches, the procedural burden for Member States
making changes to rural development programmes
should be reduced, while maintaining an appropriate
( 1 ) OJ L 277, 21.10.2005, p. 1.
level of assessment by the Commission. Therefore,
( 2 ) OJ L 368, 23.12.2006, p. 15.
( 3 ) COM(2011) 627 final/3, 12.10.2011.
Member States should have enhanced possibilities to
( 4 ) COM(2010) 672 final, 18.11.2010.
transfer, in a timely manner, and by a notification

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L 105/2
EN
Official Journal of the European Union
13.4.2013
procedure, amounts from certain measures for which
(5) in Article 31, the following paragraph 5 is added:
there will be no more need for those amounts to other
measures. The flexibility threshold for transfers among
‘5. No
new
legal
commitments
to
beneficiaries
shall
be
axes should thus be increased.
undertaken pursuant to Article 43 of Regulation (EC) No
1698/2005, including where these measures are imple
mented by local action groups in accordance with
(7) It
is
important
to
ensure
continuity
in
implementing
rural development policy and a smooth passage from
Article 63(a) of that Regulation, after 31 December 2013.’;
one programming period to the following programming
period. Consequently, it should be specified that expen
(6) in Article 32, the following second paragraph is added:
diture relating to the ex-ante evaluations of new
programmes and preparatory costs for the development
‘No new legal commitments to beneficiaries shall be
of local development strategies for the programming
undertaken pursuant to Article 45 of Regulation (EC) No
period following the 2007-13 programming period are
1698/2005, including where these measures are imple
part of the preparation activities to be financed through
mented by local action groups in accordance with
technical assistance. Furthermore, it should be possible to
Article 63(a) of that Regulation, after 31 December 2013.’;
finance other preparatory activities if they are directly
linked to the activities of the current rural development
(7) in Article 32a, ‘2013’ is replaced by ‘2014’;
programmes and are necessary to ensure continuity and a
smooth passage from one programming period to the
(8) the following Article 41a is inserted:
following programming period.
‘Article 41a
(8) When
Member
States
have
already
used
up
their
2007-
1. For the purposes of Article 66(2) of Regulation (EC)
13 programming period resources for a particular
No 1698/2005, preparation activities of programme
programme and/or measure, they should not undertake
assistance shall include the following for the programming
new legal commitments to beneficiaries of that
period following the 2007-13 programming period:
programme and/or measure. Furthermore, clear cut-off
dates should be provided for undertaking legal
(a) expenditure relating to the ex-ante evaluation of
commitments to beneficiaries under the 2007-13
programmes;
programming period and the following programming
period.
(b) preparatory costs for the development of local devel
opment strategies;
(9) Regulation
(EC)
No
1974/2006
should
therefore
be
(c) expenditure relating to other preparatory activities,
amended accordingly.
provided that they are:
(10) The
measures
provided
for
in
this
Regulation
are
in
(i) directly linked to the activities of the current rural
accordance with the opinion of the Rural Development
development programmes; and
Committee,
(ii) necessary to ensure continuity as regards the imple
mentation of rural development policy and a
HAS ADOPTED THIS REGULATION:
smooth passage from one programming period to
the following programming period.
Article 1
2. Application
of
paragraph
1
shall
be
subject
to
the
Regulation (EC) No 1974/2006 is amended as follows:
inclusion of a relevant provision in rural development
programmes.’;
(1) in paragraphs (2) and (4) of Article 9, ‘1 %’ is replaced by
‘3 %’;
(9) the following Article 41b is inserted in Chapter III,
Section 2:
(2) in Article 14, the following paragraph 5 is added:
‘Article 41b
1. Where the amount allocated to the programme and/or
‘5. No
new
legal
commitments
to
beneficiaries
shall
be
measure is used up at a date earlier than the final date of
undertaken pursuant to Article 23 of Regulation (EC) No
eligibility laid down in Article 71(1) of Regulation (EC) No
1698/2005 after 31 December 2013.’;
1698/2005, Member States shall not undertake new legal
commitments to beneficiaries.
(3) in Article 21, the following paragraph 3 is added:
2. Member States shall not undertake new legal
‘3. No
new
legal
commitments
to
beneficiaries
shall
be
commitments to beneficiaries pursuant to Regulation (EC)
undertaken pursuant to Article 31 of Regulation (EC) No
No 1698/2005 as of the day from which they start under
1698/2005 after 31 December 2013.’;
taking legal commitments to beneficiaries pursuant to the
legal framework for the 2014-20 programming period.
(4) in the second subparagraph of Article 27(12), ‘2013’ is
Member States may apply the first subparagraph either at
replaced by ‘2014’;
the programme or at the measure level.

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EN
13.4.2013 Official
Journal
of
the
European
Union L
105/3
3. For LEADER, Member States may apply paragraph 2 at the level of the local action group, referred
to in Article 62 of Regulation (EC) No 1698/2005.
4. Paragraph
2
shall
not
apply
to
LEADER
preparatory
support
and
technical
assistance.’.
Article 2
This Regulation shall enter into force on the seventh 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, 12 April 2013.
For the Commission
The President
José Manuel BARROSO

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