Question écrite de
M. Chris MACMANUS
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Commission européenne
Subject: Agricultural appeals
In Ireland, any appeals against penalties or adjustments to common agricultural policy (CAP) payments can be lodged with the Agricultural Appeals Office. Unfortunately, this process is not fit for purpose. The average time it takes to have an appeal fully dealt with is six months, and I am aware of some cases concerning land eligibility that have taken years to be resolved. These long delays can tie up significant portions of a farmer’s CAP support payments. In a time of income volatility, this poses a real risk of causing a farmer to go out of business.
Does the Commission agree that these long delays are hampering the efficient implementation of the CAP in Ireland?
Answer given by Mr Wojciechowski on behalf of the European Commission (4 July 2022)
The common agricultural policy (CAP) is implemented under shared management between the European Commission and Member States. This means that the national authorities are responsible for the implementation of the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) and for ensuring that payments related to the CAP are granted correctly, within the framework defined by the applicable EU regulations and national laws.
EC law encourages timely payment of CAP subsidies by setting deadlines for payments to beneficiaries (1), which, if not respected by national authorities, may result in a reduction of the reimbursement of expenditure by the Commission. However, the EU legislation applicable to the CAP does not provide for rules on appeals related to CAP payments or penalties, this matter being governed by national law.
⋅1∙ Article 75(1) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring
of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549)