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22.11.2013 Official
Journal
of
the
European
Union L
313/13
COUNCIL REGULATION (EU) No 1181/2013
of 19 November 2013
fixing an adjustment rate to direct payments provided for in Council Regulation (EC) No 73/2009 in
respect of calendar year 2013 and repealing Commission Implementing Regulation (EU) No
964/2013
THE COUNCIL OF THE EUROPEAN UNION,
and was used by the Commission as a basis for
Implementing Regulation (EU) No 964/2013.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 43(3) thereof,
(5) Article
18(5)
of
Regulation
(EC)
No
1290/2005
provides
that until 1 December, on the basis of new information
in its possession, the Council is able to adapt the
Having regard to the proposal from the European Commission,
adjustment rate for direct payments. However, taking
into account the judgment of the Court of Justice of
6 May 2008 in Case C-133/06 ( 4 ), that derived legal
Whereas:
basis can no longer be lawfully used.
(1) On
25
March
2013,
the
Commission
adopted
a
proposal (6) Article
43(3)
TFEU
enables
the
Council
to
adopt
for a Regulation of the European Parliament and of the
measures on fixing aid. Therefore, in the framework of
Council on fixing an adjustment rate to direct payments
the financial discipline, the adjustment rate for direct
provided for in Council Regulation (EC) No 73/2009 ( 1 )
payments to be granted to a farmer for an aid application
in respect of calendar year 2013. Since the European
should be fixed on that legal basis.
Parliament and the Council had not determined this
adjustment by 30 June, as provided for in Article 11(2)
of Regulation (EC) No 73/2009 the Commission, in
accordance with Article 18(4) of Council Regulation
(7) As
a
general
rule,
farmers
submitting
an
aid
application
(EC) No 1290/2005 (
for direct payments for one calendar year (N) are paid

2 ), has set itself that adjustment in
Commission Implementing Regulation (EU) No
within a fixed payment period falling under the financial
964/2013 (
year (N + 1). However, Member States have the possi

3 ).
bility to make late payments, within certain limits, to
farmers beyond this payment period without any time
limits. Such late payments may fall in a later financial
(2) The
forecasts
for
the
direct
payments
and
market
related
year. When financial discipline is applied for a given
expenditure of Commission Amending Letter No 2 to the
calendar year, the adjustment rate should not be
2014 Draft Budget show the need to adapt the amount
applied to payments for which aid applications have
of financial discipline which was taken into account in
been submitted in the calendar years other than that
the Draft Budget 2014. That Amending Letter has been
for which the financial discipline applies. Therefore, in
established taking into account an amount of financial
order to ensure equal treatment of farmers, it is appro
discipline of EUR 902,9 million, including an amount for
priate to provide that the adjustment rate should only
the reserve for crises in the agricultural sector.
apply to payments for which aid applications have been
submitted in the calendar year for which the financial
discipline is applied, irrespectively of when the
(3) On
16
October
2013,
the
Commission
adopted
a
payments to farmers are made.
proposal for a Council Regulation to fix another
adjustment rate for direct payments, in respect of
calendar year 2013, based on Article 18(4) and (5) of
Regulation (EC) No 1290/2005.
(8) In
the
political
agreement
on
the
reform
of
Common
Agricultural policy of 26 June 2013, it has been
decided that financial discipline will apply to the direct
payments in excess of EUR 2 000. Moreover, it has also
(4) Article
18(4)
of
Regulation
(EC)
No
1290/2005
empowers the Commission to set those adjustments
been agreed that the reimbursement of unused appropri
ations (if any) at the end of a financial year would be
paid to farmers the following year subject to the financial
( 1 ) Council Regulation (EC) No 73/2009 of 19 January 2009 estab
discipline. In order to ensure consistency, it is appro
lishing common rules for direct support schemes for farmers
priate to set the same threshold over the years. The
under the common agricultural policy and establishing certain
financial discipline should be applied in a similar way
support schemes for farmers (OJ L 30, 31.1.2009, p. 16).
( 2 ) Council Regulation (EC) No 1290/2005 of 21 June 2005 on the
for calendar year 2013 to be consistent with what has
financing of the common agricultural policy (OJ L 209, 11.8.2005,
been agreed to apply in the future; therefore, it is appro
p. 1).
priate to provide for the application of the adjustment
( 3 ) Commission Implementing Regulation (EU) No 964/2013 of
rate only for amounts in excess of EUR 2 000.
9 October 2013 on fixing an adjustment rate to direct payments
provided for in Regulation (EC) No 73/2009 in respect of calendar
year 2013 (OJ L 268, 10.10.2013, p. 5).
( 4 ) Case C-133/06 European Parliament v Council [2008] ECR I-3189.

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L 313/14
EN
Official Journal of the European Union
22.11.2013
(9) Article
11(3)
of
Regulation
(EC)
No
73/2009
provides (12) The
new
adjustment
rate
should
be
taken
into
account
that, in the framework of the application of the schedule
for the calculation of the entirety of the payments to be
of increments provided for in Article 121 of that Regu
granted to a farmer for an aid application submitted in
lation to all direct payments granted in the new Member
respect of calendar year 2013. For sake of clarity, Imple
States within the meaning of Article 2(g) of that Regu
menting Regulation (EU) No 964/2013 should therefore
lation, the financial discipline should not apply to the
be repealed,
new Member States until the beginning of the calendar
year in respect of which the level of direct payments
HAS ADOPTED THIS REGULATION:
applicable in the new Member States is at least equal
to the then-applicable level of such payments in the
Article 1
other Member States. Since the direct payments are still
subject to the application of the schedule of increments
1. The
amounts
of
direct
payments
within
the
meaning
of
in calendar year 2013 in Bulgaria and Romania, the
Article 2(d) of Regulation (EC) No 73/2009 to be granted to a
adjustment rate to be determined by this Regulation
farmer in excess of EUR 2 000 for an aid application submitted
should not apply to payments to farmers in these
in respect of calendar year 2013 shall be reduced by
Member States.
2,453658 %.
(10) Regulation
(EC)
No
73/2009
has
been
amended
by
the
2. The
reduction
provided
for
in
paragraph
1
shall
not
apply
Act of Accession of Croatia. Since Croatia is subject to
in Bulgaria, Romania and Croatia.
the application of the schedule of increments provided
for in Article 121 of Regulation (EC) No 73/2009 in
Article 2
calendar year 2013 the adjustment rate to be determined
by this Regulation should not apply to payments to
Implementing Regulation (EU) No 964/2013 is repealed.
farmers in Croatia.
Article 3
(11) To ensure that the adapted rate is applicable as of the
This Regulation shall enter into force on the day of its
date provided for by Regulation (EC) No 73/2009 when
publication in the Official Journal of the European Union.
the payments to the farmer should start, this Regulation
should apply from 1 December 2013.
It shall apply from 1 December 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 2013.
For the Council
The President
L. LINKEVIIUS

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Document Outline

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