Council Regulation (EC) No 1698/2005 (repealed)Dangos y teitl llawn

Article 70 U.K. Fund contribution

1. The Decision adopting a rural development programme shall set the maximum contribution from the EAFRD for each axis within a flexibility threshold to be defined in accordance with the procedure referred to in Article 90(2). The decision shall clearly identify, where necessary, the appropriations allocated to the regions eligible under the Convergence Objective.

2. The EAFRD contribution shall be calculated on the basis of the amount of eligible public expenditure.

3. The EAFRD contribution rate shall be established for each axis.

(a) In the case of axis 1 (competitiveness) and axis 3 (diversification and quality of life) as well as for the technical assistance according to Article 66(2) the following ceilings shall apply respectively:

(i)

75 % of the eligible public expenditure in the regions eligible under the Convergence Objective;

(ii)

50 % of the eligible public expenditure in the other regions.

(b) In the case of axis 2 (improving the environment and the countryside) and axis 4 (Leader) the following ceilings shall apply respectively:

(i)

80 % of the eligible public expenditure in the regions eligible under the Convergence Objective;

(ii)

55 % of the eligible public expenditure in the other regions.

The minimum EAFRD contribution rate at axis level shall be 20 %.

4. Notwithstanding the ceilings set out in paragraph 3, the EAFRD contribution may be increased to 85 % for the programmes of the outermost regions and the smaller Aegean Islands within the meaning of Regulation (EEC) No 2019/93.

[F1 Notwithstanding the ceilings set out in paragraph 3, the EAFRD contribution may be increased to 90 % for convergence and to 75 % for non-convergence regions for the operations of the types referred to in Article 16a(1), up to the amount resulting from the application of the compulsory modulation under Article 9(4) and Article 10(3) of Regulation (EC) No 73/2009, the amount referred to in Article 69(2a) of this Regulation and, as from 2011, the amounts generated under Article 136 of Regulation (EC) No 73/2009.]

[F2 4a. Paragraphs 3 and 4 may, in certain cases, not apply in Portugal for an amount of EUR 320 million.]

[F3 4b. By way of derogation from the ceilings set out in paragraphs 3 and 4, the EAFRD contribution rate may be increased by a maximum of 10 additional percentage points for expenditure to be paid by Member States within the year 2009. The ceilings set out in paragraphs 3 and 4 shall, however, be respected for the total public expenditure made during the programming period.]

[F4 4c. By way of derogation from the ceilings set out in paragraphs 3, 4 and 5, the EAFRD contribution may be increased up to a maximum of 95 % of eligible public expenditure in the regions eligible under the Convergence Objective and the outermost regions and the smaller Aegean Islands, and 85 % of eligible public expenditure in other regions. These rates shall apply to the eligible expenditure newly declared in each certified declaration of expenditure incurred during the period in which a Member State complies with one of the following conditions:

(a) financial assistance is made available to it under Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (1) or is made available to it by other euro area Member States before the entry into force of that Regulation;

(b) medium-term financial assistance is made available to it in accordance with Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States’ balances of payments (2) ;

(c) financial assistance is made available to it in accordance with the Treaty establishing the European Stability Mechanism.

A Member State wishing to make use of the derogation provided for in the first subparagraph shall submit a request to the Commission to modify its rural development programme accordingly. The derogation shall apply from the approval, by the Commission, of the modification of the programme, and shall cease to apply once the Member State no longer fulfils any of the conditions set out in points (a), (b) or (c) of the first subparagraph. In any event, the derogation provided for in the first subparagraph shall apply only to expenditure incurred by the paying agencies until 31 December 2013 .

When the derogation provided for in the first subparagraph ceases to apply, the Member State shall send the Commission a proposal for modification of the programme, including a new financing plan that complies with the maximum rates applicable before the derogation.

If a Member State does not submit to the Commission a proposal for modifying its rural development programme, including a new financing plan, on the date that the derogation ceases to apply in accordance with the second subparagraph, or if the financing plan notified does not comply with the maximum rates laid down in paragraphs 3, 4 and 5, those rates shall become automatically applicable from that date.]

5. For Member States opting for a specific programme pursuant to Article 66(3), second subparagraph, the ceiling of the EAFRD contribution shall be 50 % of the eligible public expenditure.

6. Technical assistance measures taken at the initiative of the Commission or on its behalf may be funded at 100 %.

7. An expenditure co-financed by the EAFRD shall not be co-financed by way of a contribution from the Structural Funds, the CF or any other Community financial instrument.

It may be co-financed under only one axis of the rural development programme. Where an operation falls under measures from more than one axis, the expenditure shall be attributed to the dominant axis.

8. Public expenditure on aid to enterprises shall comply with the aid limits laid down in respect of State aid, unless this Regulation provides otherwise.

Textual Amendments

F1 Substituted by Council Regulation (EC) No 473/2009 of 25 May 2009 amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and Regulation (EC) No 1290/2005 on the financing of the common agricultural policy.

F2 Inserted by Council Regulation (EC) No 1944/2006 of 19 December 2006 amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

F3 Inserted by Council Regulation (EC) No 473/2009 of 25 May 2009 amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and Regulation (EC) No 1290/2005 on the financing of the common agricultural policy.

F4 Inserted by Regulation (EU) No 1312/2011 of the European Parliament and of the Council of 19 December 2011 amending Council Regulation (EC) No 1698/2005 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability.

(1)

[F4 OJ L 118, 12.5.2010, p. 1 .

(2)

OJ L 53, 23.2.2002, p. 1 .]

Textual Amendments

F4 Inserted by Regulation (EU) No 1312/2011 of the European Parliament and of the Council of 19 December 2011 amending Council Regulation (EC) No 1698/2005 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability.