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Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

article  119

CELEX:  02021R2115-20240525

Amendment of the CAP Strategic Plan
1. Member States may submit to the Commission requests to amend their CAP Strategic Plans.
2. Requests for amendment of CAP Strategic Plans shall be duly justified and shall in particular set out the expected impact of the changes to the plan on achieving the specific objectives set out in Article 6(1) and (2). They shall be accompanied by the amended plan including the updated annexes as appropriate.
3. The Commission shall assess the consistency of the amendment with this Regulation and the delegated and implementing acts adopted pursuant to it as well as with Regulation (EU) 2021/2116 and its effective contribution to achieving the specific objectives.
4. The Commission shall approve the requested amendment of a CAP Strategic Plan provided that the necessary information has been submitted and the amended plan is compatible with Article 9 and the other requirements set out in this Regulation and in Regulation (EU) 2021/2116, as well as the delegated and implementing acts adopted pursuant to them.
Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

article  119

CELEX:  02021R2115-20240525

5. The Commission may make observations within 30 working days from the submission of the request for amendment of the CAP Strategic Plan. The Member State shall provide to the Commission all necessary additional information.
6. The approval of a request for amendment of a CAP Strategic Plan shall take place no later than three months after its submission by the Member State.
7. A request for amendment of the CAP Strategic Plan may be submitted twice per calendar year, subject to possible exceptions provided for in this Regulation or to be determined by the Commission in accordance with Article 122. In addition, three further requests for amendment of the CAP Strategic Plan may be submitted during the duration of the CAP Strategic Plan period. This paragraph shall not apply to requests for amendments to submit the missing elements in accordance with Article 118(5). ◄ A request for amendment of the CAP Strategic Plan related to Article 17(5), Article 88(7), Article 103(5) or Article 120 shall not count for the limitation laid down in the first subparagraph of this paragraph.
Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

article  119

CELEX:  02021R2115-20240525

8. An amendment of the CAP Strategic Plan related to Article 17(5), Article 88(7) or Article 103(1) in relation to the EAGF shall take effect from 1 January of the calendar year following the year of approval of the request for amendment by the Commission and following the corresponding amendment of the allocations in accordance with Article 87(2). An amendment of the CAP Strategic Plan related to Article 103(1) in relation to the EAFRD shall take effect after the approval of the request for amendment by the Commission and following the corresponding amendment of the allocations in accordance with Article 89(4).
Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

article  119

CELEX:  02021R2115-20240525

An amendment of the CAP Strategic Plan related to the EAGF, other than amendments referred to in the first subparagraph of this paragraph, shall take effect from a date to be determined by the Member State that is later than the date of approval of the request for that amendment by the Commission. Member States may set different date or dates of effect for different elements of the amendment. When determining this date, Member States shall take into account the time limits for the approval procedure laid down in this Article and the need of farmers and other beneficiaries to have sufficient time to take the amendment into account. The planned date shall be indicated by the Member State with the request to amend the CAP Strategic Plan and shall be subject to the approval by the Commission in accordance with paragraph 10 of this Article.
Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

article  119

CELEX:  02021R2115-20240525

9. By way of derogation from paragraphs 2 to 8, 10 and 11 of this Article, Member States may, at any time, make and apply modifications to elements of their CAP Strategic Plans pertaining to interventions under Title III, Chapter IV, including the eligibility conditions of such interventions, that do not lead to changes of the targets referred to in Article 109(1), point (a). They shall notify such modifications to the Commission by the time they start applying them and include them in the next request for amendment of the CAP Strategic Plan in accordance with paragraph 1 of this Article.
10. Each amendment of the CAP Strategic Plan shall be approved by the Commission by means of an implementing decision without applying the committee procedure referred to in Article 153.
11. Without prejudice to Article 86, amendments to CAP Strategic Plans shall only have legal effects after their approval by the Commission.
Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013

article  119

CELEX:  02021R2115-20240525

12. Corrections of clerical or obvious errors or of a purely editorial nature that do not affect the implementation of the policy and the intervention shall not be considered to be a request for amendment under this Article. Member States shall inform the Commission of such corrections.