TITLE IIIPROGRAMMING

CHAPTER IPROGRAMMING CONTENT

Article 15Rural development programmes

1

The EAFRD shall act in the Member States through rural development programmes. These programmes implement a rural development strategy through a set of measures grouped together in accordance with the axes defined in Title IV, for the achievement of which aid from the EAFRD will be sought.

Each rural development programme shall cover a period between 1 January 2007 and 31 December 2013.

2

A Member State may submit either a single programme for its entire territory or a set of regional programmes.

3

Member States with regional programmes may also submit for approval a national framework containing common elements for these programmes.

Article 16Content of programmes

Each rural development programme shall include:

  1. (a)

    an analysis of the situation in terms of strengths and weaknesses, the strategy chosen to meet them and the ex ante evaluation referred to in Article 85;

  2. (b)

    a justification of the priorities chosen having regard to the Community strategic guidelines and the national strategy plan, as well as the expected impact according to the ex ante evaluation;

  3. (c)

    information on the axes and measures proposed for each axis and their description, including the specific verifiable objectives and indicators referred to in Article 81 that allow the programme’s progress, efficiency and effectiveness to be measured;

  4. (d)

    a financing plan, comprising two tables:

    • a table setting out, in accordance with Article 69(4) and (5), the total EAFRD contribution planned for each year. When applicable, this financing plan shall indicate separately within the total EAFRD contribution the appropriations provided for the regions eligible under the Convergence Objective. The planned annual EAFRD contribution shall be compatible with the Financial Perspectives;

    • a table setting out for the entire programming period the total Community contribution planned and the matching national public funding for each axis, the EAFRD contribution rate for each axis and the amount earmarked for technical assistance. When applicable, this table shall also indicate separately the planned EAFRD contribution for the regions eligible under the Convergence Objective and the matching national public funding;

  5. (e)

    for information, an indicative breakdown of the initial amounts by measure in terms of public and private expenditure;

  6. (f)

    where applicable, a table on additional national financing per axis in accordance with Article 89;

  7. (g)

    the elements needed for the appraisal under competition rules and, when applicable, the list of aid schemes authorised under Articles 87, 88 and 89 of the Treaty to be used for the implementation of the programmes;

  8. (h)

    information on the complementarity with the measures financed by the other common agricultural policy instruments, through cohesion policy as well as by the Community support instrument for fisheries;

  9. (i)

    programme implementing arrangements, including:

    1. (i)

      the designation by the Member State of all the authorities provided for in Article 74(2) and for information a summary description of the management and control structure;

    2. (ii)

      a description of the monitoring and evaluation systems, as well as the composition of the Monitoring Committee;

    3. (iii)

      the provisions to ensure that the programme is publicised;

  10. (j)

    the designation of the partners referred to in Article 6 and the results of the consultations of the partners.

Article 16aF1Specific operations related to certain priorities

1

From 1 January 2010, Member States shall provide in their rural development programmes, in accordance with their specific needs, for types of operations having the following priorities as described in the Community strategic guidelines and specified further in the national strategy plans:

a

climate change,

b

renewable energies,

c

water management,

d

biodiversity,

e

measures accompanying restructuring of the dairy sector,

f

innovation linked to the priorities mentioned in points (a), (b), (c) and (d).

The types of operations to be linked to the priorities referred to in the first subparagraph shall be aimed at achieving effects such as the potential effects specified in Annex II. An indicative list of such types of operations and their potential effects is set out in that Annex.

The revised rural development programmes related to the operations referred to in this paragraph shall be submitted to the Commission no later than 30 June 2009.

2

From 1 January 2010, for types of operations referred to in paragraph 1, the aid intensity rates fixed in Annex I may be increased by 10 percentage points.

3

From 1 January 2010, each rural development programme shall also include:

a

the list of types of operations and the information referred to in Article 16(c) on the specific types of operations referred to in paragraph 1 of this Article;

b

a table setting out, for the period from 1 January 2010 to 31 December 2013, the total Community contribution for types of operations referred to in paragraph 1 of this Article.

4

For new Member States, as defined in Article 2(g) of Regulation (EC) No 73/2009, the starting dates referred to in the introductory phrases of paragraphs 1 and 3 shall be 1 January 2013, the date for the submission of the revised rural development programmes referred to in paragraph 1 shall be 30 June 2012 and the period referred to in point (b) of paragraph 3 shall be 1 January 2013 to 31 December 2013.

5

Paragraphs 1, 3 and 4 shall not apply to Bulgaria and Romania.

Article 17Balance between objectives

1

The Community financial contribution to each of the three objectives referred to in Article 4 shall cover at least 10 % of the EAFRD total contribution to the programme for axis 1 and 3 referred to in Sections 1 and 3 respectively of Chapter I of Title IV and at least 25 % of the EAFRD total contribution to the programme for axis 2 referred to in Section 2 of Chapter I of Title IV. For the programmes of the French overseas departments, the minimum Community financial contribution for axis 2 shall be 10 %.

2

5 % at least of the EAFRD total contribution to the programme shall be reserved for axis 4 referred to in Section 4 of Chapter I of Title IV. This amount contributes to the percentages laid down in paragraph 1. For the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, the minimum Community financial contribution for axis 4 of 5 % may be phased in over the programming period in such a way that on average at least 2,5 % of the EAFRD total contribution is reserved for axis 4.

F2For Bulgaria and Romania, an average of at least 2,5 % of the EAFRD total contribution for axis 4 shall be ærespected during the period 2010 to 2013. Any contribution from the EAFRD for that axis during the period 2007 to 2009 shall be taken into account for the calculation of that percentage.

F13

The amounts equal to those resulting from the application of the compulsory modulation under Article 69(5a) shall not be taken into account in the EAFRD total contribution from which the minimum Community financial contribution per axis is calculated as provided for in paragraphs 1 and 2 of this Article.

CHAPTER IIPREPARATION, APPROVAL AND REVIEW

Article 18Preparation and approval

1

Rural development programmes shall be established by a Member State following close cooperation with the partners referred to in Article 6.

2

Member States shall submit to the Commission a proposal for each rural development programme, containing the information mentioned in Article 16.

3

The Commission shall assess the proposed programmes on the basis of their consistency with the Community strategic guidelines, the national strategy plan and this Regulation.

Where the Commission considers that a rural development programme is not consistent with the Community strategic guidelines, the national strategy plan or this Regulation, it shall request the Member State to revise the proposed programme accordingly.

4

Each rural development programme shall be approved in accordance with the procedure referred to in Article 90(2).

Article 19Review

1

The rural development programmes shall be re-examined and, if appropriate, adapted for the remainder of the period by the Member State following Monitoring Committee approval. The revisions shall take into account the outcome of evaluations and the Commission’s reports, particularly with a view to strengthening or adapting the way in which the Community priorities are taken into account.

2

The Commission shall adopt a decision on requests to revise rural development programmes after the submission of such a request by a Member State in accordance with the procedure referred to in Article 90(2). Changes requiring approval by Commission decision shall be defined in accordance with the procedure referred to in Article 90(2).