The Law is adapted to Regulation (EU) 2021/2115 which establishes rules for the implementation in the Member States of the management system of the new CAP.
On 2 January 2023, Law 30/2022 of 23 December, which regulates the management system of the Common Agricultural Policy and other related matters, enters into force. It sets out the definitions, control mechanisms and penalties that will apply in Spain in order to adapt to the new CAP. The Law requires the development of 18 other legislative decrees.
The new rules include:
- A national framework for action in cases of any undue payments to beneficiaries in order to facilitate the fight against fraud and to protect the financial interests of the European Union.
- A number of developments concerning the sustainable use of plant protection products and the prudent use of antimicrobials, which will involve amending various aspects of national plant and animal health laws.
- The application of penalties and sanctions where beneficiaries do not comply with the conditions and obligations for access to future interventions under the National Strategic Plan.
- 10% of direct payments will be earmarked to support small and medium-sized farms and at least 3% of the CAP budget will go to young farmers.
- A permanent crisis reserve – with an annual budget of ¤450 million – to help farmers in case of price or market instability.
Through this law, Spain adapts to the provisions of Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 laying down rules on support for the strategic plans to be drawn up by the Member States under the common agricultural policy (CAP strategic plans), financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), and repealing Regulations (EU) 1305/2013 and (EU) 1307/2013, laying down the rules for Member States to develop their strategic plans and to benefit from the new CAP.
57% of the legislation approved in Spain during 2022 derives from European directives and decisions
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In 2018, the European Commission presented its proposal for the reform of the Common Agricultural Policy for the period 2021-2027, based on three key objectives: promoting a resilient and diversified agricultural sector that ensures long-term food security, reinforcing environmental protection and biodiversity, and strengthening the socio-economic fabric of rural areas.
After extensive negotiations between the European Parliament, the EU Council and the European Commission, an agreement was reached and the new CAP was formally adopted in December 2021.
The reform covers three regulations, applicable from 1 January 2023 (for the years 2021 and 2022 a transitional regulation was implemented to bridge the gap between the current legislation and the new legislation):
- Horizontal regulation
- Regulation on strategic plans, from which the national law derives, which enters into force on 2 January 2023
- Regulation on the Common Market Organisation
In the European Parliament, the strategic plans regulation was approved with 452 votes in favour, 178 against and 57 abstentions; the Common Market Organisation regulation was approved with 487 votes in favour, 130 against and 71 abstentions; and the ‘horizontal’ regulation on financing, management and supervision had the support of 485 MEPs, while 142 voted against and 61 abstained.
The legislative package that makes up the new CAP was approved with the majority support of the European People’s Party, the Socialists and Democrats, the Liberals of Renew Europe and the European Conservatives and Reformists (ECR). The Greens and the Left, on the other hand, campaigned against the new CAP, arguing that its green architecture is not ambitious enough.
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