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Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 article 64 CELEX: 02021R2116-20240525 Securities
1. The Member States shall, where agricultural legislation so provides, request the lodging of a security giving the assurance that a sum of money will be paid or forfeited to a competent authority if a particular obligation under that legislation is not fulfilled. 2. Except in cases of force majeure, the security shall be forfeited in whole or in part where the execution of a particular obligation is not carried out, or is carried out only partially. |
Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 article 64 CELEX: 02021R2116-20240525 3. The Commission is empowered to adopt delegated acts in accordance with Article 102 supplementing this Regulation with rules which ensure non-discriminatory treatment, equity and the respect of proportionality when lodging a security and which: (a) specify the responsible party in the event that an obligation is not met; (b) lay down the specific situations in which the competent authority may waive the requirement of a security; (c) lay down the conditions applying to the security to be lodged and the guarantor and the conditions for lodging and releasing that security; (d) lay down the specific conditions related to the security lodged in connection with advance payments; (e) set out the consequences of breaching the obligations for which a security has been lodged, as provided for in paragraph 1, including the forfeiting of securities and the rate of reduction to be applied on release of securities for refunds, licences, offers, tenders or specific applications, as well as, where an obligation covered by that security has not been met either wholly or in part, taking into account the nature of the obligation, the quantity for which the obligation has been breached, the period exceeding the time limit by which the obligation should have been met and the time by which evidence that the obligation has been met is produced. |
Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 article 64 CELEX: 02021R2116-20240525 4. The Commission may adopt implementing acts laying down rules on: (a) the form of the security to be lodged and the procedure for lodging the security, for accepting it, and for replacing the original security; (b) the procedures for the release of a security; (c) the notifications to be made by Member States and by the Commission.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 103(3). |