Commission Implementing Decision (EU) 2022/1864 of 5 October 2022 setting out the... (32022D1864)
EU - Rechtsakte: 03 Agriculture

COMMISSION IMPLEMENTING DECISION (EU) 2022/1864

of 5 October 2022

setting out the organisational structure and operation of the European CAP network and repealing Implementing Decision 2014/825/EU

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 126(2) and (5) thereof,
Whereas:
(1) Following the adoption of Regulation (EU) 2021/2115, a European CAP network is to be established for the networking of national networks, organisations, and administrations in the field of agriculture and rural development at Union level. The European CAP network should replace the European network for rural development (ENRD), put in place in accordance with Article 52(1) of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (2) and the European Innovation Partnership (EIP) network, put in place in accordance with Article 53(1) of Regulation (EU) No 1305/2013.
(2) With a view to achieve the objectives of the networking in the field of agriculture and rural development at Union level set out in Article 126(3) of Regulation (EU) 2021/2115 and to carry out the tasks provided for in Article 126(4) of that Regulation, it is necessary to adopt rules setting out the organisational structure and operation of the European CAP network.
(3) Commission Implementing Decision 2014/825/EU (3) provides for the organisational structure and operation for the ENRD and for the EIP networks consisting of the operational structure: Assembly, Steering Group and Assembly’s permanent sub-groups. For reasons of efficiency, it is appropriate to use a similar organisational structure for the European CAP network.
(4) In accordance with Commission Decision 2013/767/EU (4), a new framework for civil dialogue groups dealing with matters covered by the common agricultural policy (CAP) is to be set up. Membership in the European CAP network organisational structure by the Union-wide non-governmental organisations, who have been appointed members of the civil dialogue groups, needs to be updated in accordance with the new framework.
(5) The European CAP network’s Assembly should be established and its tasks defined in accordance with the horizontal rules on the creation and operation of Commission expert groups set out in Commission Decision C(2016)3301 (5).
(6) The Assembly should notably promote exchange and networking among public and private entities active in the CAP and provide the strategic framework for their activity, including the thematic work, and ensure appropriate monitoring and assessment of the same activity. It should propose the members of the Steering Group.
(7) The Assembly should be composed of the CAP Strategic Plans national managing authorities and paying agencies, national CAP networks, organisations active in the field of agriculture and rural development at Union level, organisations representing regional or local authorities active in agriculture and rural development at Union level, LEADER local action groups, farm advisory services, innovation support services linked to EIP operational groups’ projects and research institutes active in innovation activities linked to EIP operational groups’ projects.
(8) With a view to ensure an effective and efficient organisation of the activity of the European CAP network, in accordance with the opinions of the Assembly, it is necessary to set up a European CAP network’s Steering Group and to define its tasks and its structure.
(9) The Steering Group should prepare and follow-up the activities of the European CAP network. It should coordinate the thematic work of the network and its activity strands related to the CAP Strategic Plans, innovation, and monitoring and evaluation and ensure coordination of the work of the Assembly with that of other expert groups and committees established in the context of the CAP.
(10) The Steering Group should be composed of representatives from the European CAP network’s Assembly and its permanent sub-groups established in accordance with this Decision.
(11) With a view to maintain an open and regular exchange between the European CAP network and the civil dialogue groups on the CAP, representatives of the civil dialogue groups should be enabled to take part in the meetings of the Steering Group as observers.
(12) Rules on disclosure of information in accordance with Article 339 of the Treaty by members of the Assembly and of the Steering Group should be laid down.
(13) Since this Decision replaces Implementing Decision 2014/825/EU, Implementing Decision 2014/825/EU should be repealed.
(14) Membership in the European CAP network organisational structure implies a prior designation of the national managing authorities for the CAP Strategic Plan, accreditation of paying agencies, establishment of national CAP networks, selection of local action groups (LAGs) in accordance with Article 32 of Regulation (EU) 2021/1060 of the European Parliament and of the Council (6) and establishment of farm advisory services.
(15) To enable the European CAP network to start carrying out its tasks before the bodies and entities of its Assembly or Steering Group have been established, the respective members of the organisational structure of the ENRD and the EIP networks, as designated or appointed pursuant to Implementing Decision 2014/825/EU, should be members of the European CAP network until its new members are established and are subsequently designated or appointed pursuant to this Decision.
(16) The measures provided for in this Decision are in accordance with the opinion of the Common Agricultural Policy Committee,
HAS ADOPTED THIS DECISION:

CHAPTER I

SUBJECT MATTER

Article 1

Subject matter

This Decision sets out the organisational structure and operation of the European CAP network by setting up an Assembly and a Steering Group, providing for their composition and their tasks and laying down rules for their operation.

CHAPTER II

EUROPEAN CAP NETWORK ASSEMBLY

Article 2

European CAP Network Assembly

The Assembly of the European CAP network, hereinafter referred to as ‘the Assembly’, is hereby set up.

Article 3

Assembly’s tasks

The tasks of the Assembly shall be in particular:
(a) to promote exchange and networking among public and private entities active in agriculture and rural development, in innovation related to specific objectives of the CAP and in monitoring and evaluation in agriculture and rural development;
(b) to ensure coordination between the thematic strands of the European CAP network;
(c) to provide the strategic framework and guidance for the activities of the European CAP network, including the thematic works;
(d) to ensure appropriate monitoring and assessment of the activities of the European CAP network with regard to the objectives set out in Article 126(3) of Regulation (EU) 2021/2115 and the tasks listed in Article 126(4) of that Regulation;
(e) to propose to the Director-General for Agriculture and Rural Development (‘the Director-General’) the members of the Steering Group.

Article 4

Assembly membership

1.   The Assembly shall be composed of the following members:
(a) national CAP networks referred to in Article 126(1) of Regulation (EU) 2021/2115 (one member from each Member State);
(b) managing authorities referred to in Article 123 of Regulation (EU) 2021/2115 (one member from each Member State);
(c) paying agencies referred to in Article 9 of Regulation (EU) 2021/2116 of the European Parliament and of the Council (7) (one member from each Member State);
(d) Union-wide non-governmental organisations, registered in the Transparency Register, who have been appointed members of the civil dialogue groups on the common agricultural policy (CAP) pursuant to Decision 2013/767/EU and who have expressed their interest in participating in the Assembly;
(e) Union-wide organisations representing regional or local authorities active in agriculture and rural development, including the connections between rural and urban areas (maximum 3 members);
(f) LEADER local action groups referred to in Article 33 of Regulation (EU) 2021/1060 (one member from each Member State);
(g) farm advisory services active in innovation support services linked to EIP operational groups’ projects referred to in Article 127(3) of Regulation (EU) 2021/2115 (one member from each Member State);
(h) agricultural research institutes active in innovation activities linked to EIP operational groups’ projects referred to in Article 127(3) of Regulation (EU) 2021/2115 (one member from each Member State).
2.   Members referred to in paragraph 1, points (a), (b), (c), (f), (g) and (h), shall be designated by the respective Member State.
Members referred to in paragraph 1, point (e), shall be appointed by the Director-General on the basis of a call for applications.
3.   Members States’ authorities shall nominate the permanent representatives for each of the categories referred to in paragraph 1, points (a), (b), (c), (f), (g) and (h).
The organisations referred to in paragraph 1, points (d) and (e), shall nominate their permanent representatives.
4.   The names of the members of the Assembly shall be published in the Register of Commission expert groups and other similar entities (‘the Register’) and on the website of the European CAP network.

Article 5

Assembly’s operation

1.   The Assembly shall be chaired by a representative of the Commission. The chair shall convene a meeting at least once a year.
2.   In agreement with the Commission, the Assembly may set up sub-groups on specific thematic strands related to the objectives and the tasks of the European CAP network, including permanent sub-groups on:
(a) innovation and knowledge exchange;
(b) LEADER and territorial development; and
(c) CAP Strategic Plans.
Sub-groups shall carry out thematic works on the basis of a mandate defined by the Assembly.
Non-permanent sub-groups shall be disbanded as soon as their mandate is fulfilled.
3.   The Commission’s representative may invite experts and observers from outside the Assembly with specific competence in a subject on the agenda to participate in the work of the Assembly or sub-groups on an ad hoc basis.
Members of the Assembly, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information, laid down in Commission Decision (EU, Euratom) 2015/444 (8). If they fail to respect these obligations, the Commission shall take all appropriate measures.
4.   The meetings of the Assembly and its sub-groups shall be held on Commission premises, unless the chair decides otherwise. The Commission shall provide secretarial services. Commission officials with an interest in the proceedings may attend meetings of the Assembly and its sub-groups.
5.   The Assembly shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups adopted by the Commission.
6.   The Commission in principle publishes all relevant documents on the activities carried out by the Assembly (such as agendas, minutes and participants’ submissions) in the Register and on the European CAP network website.
7.   The work of the Assembly may be coordinated with that of other expert groups and committees established in the context of the civil dialogue on the CAP as well as in the context of Regulation (EU) 2021/1060.

Article 6

Reimbursement of expenses

1.   Members of the Assembly shall not be remunerated for the services they render.
2.   Travel and subsistence expenses incurred by the members of the Assembly for their participation in the Assembly’s meetings, including the sub-groups, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
3.   The expenses referred to in paragraph 2 shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

CHAPTER III

EUROPEAN CAP NETWORK’S STEERING GROUP

Article 7

European CAP network’s Steering Group

The Steering Group of the European CAP network, hereinafter referred to as ‘the Steering Group’, is hereby set up.

Article 8

Steering Group’s tasks

The tasks of the Steering Group shall be in particular:
(a) preparing and following-up the activities of the European CAP network, in accordance with the strategic framework provided by the Assembly;
(b) coordinating the thematic strands in accordance with the framework provided by the Assembly and following-up its implementation;
(c) assessing on an on-going basis the effectiveness and efficiency of the activities of the European CAP network;
(d) ensuring the coordination of the work of the Assembly with that of other expert groups and committees established in the context of the civil dialogue on the CAP as well as in the context of Regulation (EU) 2021/1060;
(e) reporting to the Assembly as regards its activities.

Article 9

Steering Group’s membership

1.   The Steering Group shall be composed of the following members:
(a) eight members from the Assembly;
(b) four members from each of the permanent sub-groups established by the Assembly;
(c) two members from the expert group on the implementation of the CAP Strategic Plan Regulation, related to monitoring and evaluation.
2.   The members of the Steering Group shall be appointed by the Director-General following a proposal of the Assembly, reflecting the geographic and thematic diversity of the members of the European CAP network and based on the voluntary commitment of the proposed members.
For each of the categories referred to in paragraph 1, the Assembly may propose a rotation of the members of the Steering Group.
3.   A member of the Steering Group may be replaced by the Director-General following a proposal of the Assembly where:
(a) it withdraws from the Steering Group;
(b) it does not regularly designate representatives for the meetings of the Steering Group;
(c) it is no longer able to contribute effectively to the tasks of the Steering Group;
(d) it does not comply with the non-disclosure requirement relating to information covered by the obligation of professional secrecy laid down in Article 339 of the Treaty.
4.   The representatives of civil dialogue groups on the CAP may take part in the Steering Group’s meetings as observers.

Article 10

Steering Group’s operation and meeting expenses

Articles 5 and 6 shall apply
, mutatis mutandis
, to the operation and the meeting expenses of the Steering Group.

CHAPTER IV

TRANSITIONAL AND FINAL PROVISIONS

Article 11

Repeal

Implementing Decision 2014/825/EU is repealed.

Article 12

Transitional measures

Where one or more members of the Assembly or of the Steering Group of the European CAP network, referred to in Articles 4(1) or 9(1) respectively of this Decision, are not yet designated or appointed, the respective member(s) of the Assembly or the Steering Group of the ENRD and EIP-AGRI networks, designated or appointed pursuant to Article 4(1) or 9(1) respectively of Implementing Decision 2014/825/EU, shall become member(s) of the Assembly or the Steering Group of the European CAP network until the designation or appointment of the new member(s).

Article 13

Entry into force

This Decision shall enter into force on the third day following that of its publication in the
Official Journal of the European Union
.
Done at Brussels, 5 October 2022.
For the Commission
The President
Ursula VON DER LEYEN
(1)  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 (
OJ L 435, 6.12.2021, p. 1
).
(2)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (
OJ L 347, 20.12.2013, p. 487
).
(3)  Commission Implementing Decision 2014/825/EU of 20 November 2014 setting up the organisational structure and operation for the European network for rural development and for the European Innovation Partnership network and repealing Decision 2008/168/EC (
OJ L 334, 21.11.2014, p. 98
).
(4)  Commission Decision 2013/767/EU of 16 December 2013 setting up a framework for civil dialogue in matters covered by the common agricultural policy and repealing Decision 2004/391/EC (
OJ L 338, 17.12.2013, p. 115
).
(5)  Commission Decision of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups, C(2016) 3301 final.
(6)  Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (
OJ L 231, 30.6.2021, p. 159
).
(7)  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 (
OJ L 435, 6.12.2021, p. 187
).
(8)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (
OJ L 72, 17.3.2015, p. 53
).
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