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TITLE IIU.K.SUPPORT PROGRAMMES

CHAPTER IIIU.K.Reporting, evaluation and general provisions

Article 35U.K.Reporting and evaluation

[F11. Member States shall submit to the Commission by 1 March each year, a report on the implementation of the measures provided for in their support programmes referred to in Section 4 of Chapter II of Title I of Part II of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (1) during the previous financial year.

Those reports shall list and describe the measures for which Union assistance under the support programmes was granted.

Those reports shall be presented by Member States to the Commission in the form set out in Annexes V and VI to this Regulation. The information contained in the appropriate tables shall refer to each year in respect of the measures of the support programme:

(a) a statement of expenditure by financial year already incurred in the programming period which will in no cases overshoot the budgetary limit for the Member State as laid down in Annex VI to Regulation (EU) No 1308/2013;

(b) forecasts for subsequent financial years until the end of the planned period of implementation of the support programme, up to the budgetary limit for the Member State as laid down in VI to Regulation (EU) No 1308/2013 and in coherence with the most updated submission sent in accordance with Article 3 of this Regulation.]

2.In the same communication, technical data related to the implementation of the measures in the support programme, shall be presented by the Member States in the form set out in Annex VII. The details on the implementation of the promotion measure shall be presented by the Member States in the form set out in Annex VIII.

3.References to a given financial year shall refer to payments actually made by Member States between 16 October and 15 October of the following year.

[F14. Member States shall, by 1 March 2014 and, a second time, by 1 March 2017 , submit to the Commission an evaluation of the costs and benefits of the support programmes as well as an indication of how to increase their efficiency.

Those evaluations shall be presented by the Member States to the Commission in the form set out in Annexes V and VI. In addition the following items shall be inserted in the conclusions:

C1

:

Evaluation of the costs and benefits of the support programme,

C2

:

Ways to increase the efficiency of the support programme.]

5.Member States shall communicate to the Commission the measures taken to comply with the provisions foreseen in Article 9(1) and 12(1)(d). The communication shall be made in the form set out in Annexes VIIIa and VIIIb.

[F26. Member States deciding to transfer, for 2014 and from 2015 onwards, the entire amount of their national envelope for the support programmes in order to increase their national ceilings for direct payments referred to in Article 40 of Regulation (EC) No 73/2009, shall not be required to submit the forms set out in Annexes V to VIIIc to this Regulation.]

7.Member States shall record the details of all support programmes, whether or not amended, and of all measures carried out in pursuance of programmes.

Article 36U.K.Exclusion

None of the financial support from the national support programmes may be granted to producers concerned by unlawful areas referred to in Articles 85 and 86 of Regulation (EC) No 479/2008 and for graft nurseries as referred to in Article 60(3) of this Regulation.

Article 37U.K.Payment delay to beneficiaries

Member States shall for each measure with the exception of Article 9 of Regulation (EC) No 479/2008:

(a)

set the application deadline;

(b)

after the date of lodging a valid and complete application, pay the beneficiaries within:

(i)

seven months for measures which can be completed and controlled within one year;

(ii)

a reasonable period to be set by the Member State and to be communicated to the Commission in the relevant parts of Annex I for measures which cannot be completed and controlled within one year.

[F3Article 37a U.K. Communication related to State aid

1. Notwithstanding Article 5(8), the third paragraph of Article 16 and the second subparagraph of Article 20(1) of this Regulation, when Member States grant State aid in accordance with Article 103n(4) of Council Regulation (EC) No 1234/2007 (2) , they shall communicate to the Commission the following:

(a) when applicable, the list of aid measures already authorised under Articles 87, 88 and 89 of the Treaty to be used for the implementation of the programmes or the reason why the national aid in question has been exempted from any notification obligations;

(b) in other cases, the elements that are needed for the appraisal under competition rules.

2. If paragraph (1)(a) is applicable, Member States shall fill in Table 1 of Annex VIIIc,

(a) indicating whether support will be granted in respect of Commission Regulation (EC) No 1535/2007 (3) on de minimis support for primary production in the agriculture sector or Commission Regulation (EC) No 1998/2006 (4) for processing and marketing of agricultural products; or

(b) providing the registration number and the reference to the Commission exemption Regulation adopted on the basis of Council Regulation (EC) No 994/98 (5) under which the measure was introduced; or

(c) providing the case number and reference number under which the measure has been declared compatible with the Treaty by the Commission.

3. If paragraph (1)(b) is applicable, Member States shall transmit to the Commission

(a) Table 2 of Annex VIIIc for each of the measures referred to in Articles 103p, 103t and 103u of Regulation (EC) No 1234/2007 for which national aid is granted;

(b) Table 3 of Annex VIIIc in case of national aid granted for the measure promotion on third country markets as referred to in Article 103p of Regulation (EC) No 1234/2007;

(c) Table 4 of Annex VIIIc in case of national aid granted for the harvest insurance measure referred to in Article 103t of Regulation (EC) No 1234/2007;

(d) Table 5 of Annex VIIIc in case of national aid granted for the investments measure referred to in Article 103u of Regulation (EC) No 1234/2007.

4. The elements communicated in form of any of the tables of Annex VIIIc must be valid over the entire life cycle of the programme without prejudice to any subsequent changes of the programmes.

5. Notwithstanding Article 103n(4) of Regulation (EC) No 1234/2007 and without prejudice to Article 3(2) of this Regulation, Member States granting national aid shall modify their support programme for the future, by filling in the appropriate tables of Annex VIIIb by 15 October 2009 at the latest. Article 103k(2) of Regulation (EC) No 1234/2007 apply to these modifications.]

[F4Article 37b U.K. Communication related to advances

[F51. Where advances are granted in accordance with Articles 5(7), 5e, 9(2), 19(2), 20a(4) and 24(3), beneficiaries are requested to provide for each project annually to the paying agencies the following information:

(a) costs statements justifying by measure the use of the advances until 15 October, and;

(b) a confirmation by measure of the balance of unused advances remaining on 15 October.

Member States shall define in their national rules the date of transmission of this information in order for it to be included in the current annual accounts of the paying agencies referred to in Article 6 of Regulation (EC) No 885/2006 within the deadline laid down in Article 7(2) of that Regulation.]

2. Paragraph 1 shall not apply to the annual accounts of 2013, except where advances of more than 20 % and up to 50 % of the public aid related to the investments are granted in accordance with the second subparagraph of Article 19(2).

[F53. For the purposes of Article 18(2) of Implementing Regulation (EU) No 282/2012, the evidence of final entitlement to be produced shall be the last costs statement and a confirmation of the balance referred to in paragraph 1.

Concerning advances under Articles 9(2), 19(2) and 20a(4)of this Regulation, the last costs statement and confirmation of the balancee referred to in paragraphs 1 and 2 shall be provided by the end of the second financial year after their payment.] ]