24.1.2018   

EN

Official Journal of the European Union

L 19/6

(1)

Between August and October 2017, Lithuania, Latvia, Estonia and the southern part of Finland experienced heavy rainfalls which resulted in flooding of a significant part of the Member State's arable land. The cumulated rainfall from August to October 2017 has been much higher than average. This abnormal rainfall over a prolonged period is unprecedented. Moreover, an early onset of winter with snowfall and low temperatures made the sowing conditions exceptionally unfavourable. As a consequence, a significant part of the ongoing and upcoming winter sowings for the 2018/2019 marketing year harvest could not take place.

(2)

The resulting future loss of income for farmers with holdings in the affected areas, from both hectares inaccessible for sowing and already sown and lost by the heavy floods, will cause a major and extraordinary damage to affected farmers in Lithuania, Latvia, Estonia and Finland in the upcoming 2018/2019 harvest marketing year. This constitutes a specific problem within the meaning of Article 221 of Regulation (EU) No 1308/2013. This specific problem cannot be addressed by measures taken pursuant to Article 219 or 220 of that Regulation since it is not specifically linked to an existing market disturbance or a currently precise threat thereof nor linked to measures for combating the spread of diseases of animals or a loss of consumer confidence due to public, animal or plant health risks.

(3)

As an exceptional measure, financial compensation for eligible hectares in the affected areas should be provided for, in order to compensate future economic losses related to the upcoming 2018/2019 harvest marketing year.

(4)

From the Union market stability perspective, it is in the interest of the Union that the measure applies only to those farmers who will lose income as a result of the winter sowing area losses. The aid should be limited in addition to farmers most impacted. A farmer should be considered to be most impacted if the percentage of winter sowing areas losses in one Member State amounts to at least 30 percent of his/her total winter sowing areas in that Member State. Moreover, to avoid any risk of overcompensation, the aid per eligible hectare that cannot be used for winter sowing due to flooding should be limited. For this reason, the decision of the Member States concerned on the amount of the aid per eligible hectare should not exceed the average amount of direct payment per hectare in calendar year 2017 in those Member States. The total amount of the aid and the overall budget allocation should be based on information received from the Member States concerned as regards the number of hectares affected by the floods and the heavy rainfalls.

(5)

To avoid any risk of double funding, the relevant loss of eligible hectare should not have already been compensated by any kind of national aid or insurance and the aid should be limited to eligible hectares for which no Union financial contribution for the same loss has been received otherwise.

(6)

Member States concerned should be allowed to grant additional support under the conditions and within the time limit set by this Regulation.

(7)

Aid can only be granted on the basis of an application lodged in accordance with the methods and time limits set by national law in the Member States concerned.

(8)

Provision should be made for the competent authorities to take all necessary measures and carry out all checks required and to inform the Commission accordingly. In particular, those checks should include checks as regards the eligibility and the correctness of the application for aid. The number of eligible hectares should be controlled on the basis of all appropriate means available to the competent authorities, including on-farm checks.

(9)

The emergency measure should be limited to a maximum period of 12 months starting from the date of entry into force of this Regulation.

(10)

For the sake of a sound budgetary management of the measure and of a timely payment to the farmers, only those payments made by the Member States concerned to beneficiaries by 30 September 2018 at the latest should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014 (2) should not be applicable.

(11)

To allow the Union to monitor the efficiency of this emergency measure, the Member States concerned should communicate to the Commission detailed information on its implementation. To allow the Union to perform its financial control, these Member States should communicate to the Commission the clearance of the payments.

(12)

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

(a)

these hectares of land amount to at least 30 % of a farmer's total winter sowings area in the Member State concerned;

(b)

the farmers did not benefit, for the same loss, from any kind of national aid, insurance or aid financed by a Union contribution, other than that provided for by this Regulation.

(a)

EUR 9 120 000 for Lithuania;

(b)

EUR 3 460 000 for Latvia;

(c)

EUR 1 340 000 for Estonia;

(d)

EUR 1 080 000 for Finland.

(a)

administrative checks on all aid applications, including:

(b)

on-the-spot checks at the premises of the applicants.