Commission Delegated Regulation (EU) 2023/330 of 22 November 2022 amending and correcting Delegated Regulation (EU) 2022/126 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with additional requirements for certain types of intervention specified by Member States in their CAP Strategic Plans for the period 2023 to 2027 under that Regulation as well as rules on the ratio for the good agricultural and environmental conditions (GAEC) standard 1

‘3 When determining the expenditure to be covered, except for investments in tangible and intangible assets, Member States shall take into account the additional costs incurred and income foregone resulting from interventions linked to agri-environment-climate objectives, and the targets set.’

1 When Member States include, in their CAP Strategic Plans, promotion, communication and marketing interventions in the fruit and vegetables sector, in the wine sector, in the hops sector, in the olive oil and table olives sector or in other sectors referred to in Article 42, point (f), of Regulation (EU) 2021/2115, they shall provide in their CAP Strategic Plans that the interventions covered pursue one of the following objectives: (a) increasing awareness of the merits of Union agricultural products and of the high standards applicable to their production methods in the Union; (b) increasing the competitiveness and consumption of Union agricultural products and certain processed products produced in the Union and raising their profile both inside and outside the Union for sectors other than wine; (c) increasing awareness about Union quality schemes both inside and outside the Union; (d) increasing the market share of Union agricultural products and certain processed products produced in the Union, specifically focusing on the markets in third countries that have the highest growth potential; (e) contributing, where relevant, to restore the normal market conditions in the Union market in the event of serious market disturbance, loss of consumer confidence or other specific problems; (f) increasing awareness of sustainable production; (g) increasing consumer awareness of brands or trademarks of producer organisations, associations of producer organisations, transnational producer organisations, transnational associations of producer organisation and their subsidiaries within the meaning of Article 31(7) of this Regulation in the fruit and vegetables sector; (h) diversifying, opening and consolidating the markets for Union wines in third countries and increasing awareness of the intrinsic qualities of Union wines on those markets. A reference to wine origin and brands may only be used when it complements the promotion, communication and marketing of Union wines in third countries; (i) informing consumers about the responsible consumption of wine; (j) increasing consumption of fresh or processed fruit and vegetables by improving consumer awareness on healthy diets, nutritious characteristics of the product, its high quality and its safety.

2 Member States shall ensure that promotional material for generic promotion and promotion of quality labels, bears the Union emblem and include the following funding statement: ‘Funded by the European Union’. The Union emblem and the funding statement shall be displayed in accordance with the technical characteristics laid down in Commission Implementing Regulation (EU) No 821/2014 .

Types of interventions under operational programmes implemented by transnational producer organisation and transnational associations of producer organisations shall comply with the national strategic plan and the national rules of the Member State, where the head office of the transnational producer organisation or the transnational association of producer organisation is located in accordance with Article 14 or 21 of Commission Delegated Regulation (EU) 2017/891 .

The payments of expenditure to the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations related to the costs of conditioning of fruit and vegetables withdrawn from the market for free distribution under operational programmes shall not exceed the amount of the costs set out in Annex VII. The first paragraph shall not apply to fruits and vegetables withdrawn from the market where the free distribution takes place after their processing.’

Delegated Regulation (EU) 2022/126 is corrected as follows: (1) in Article 17(8), point (b) is replaced by the following: ‘(b) the harvested products are denatured;’; (2) in Article 23(1), the fifth subparagraph is replaced by the following: ‘For the interventions ‘promotion, communication’ and ‘communication actions’ referred to in Article 47(1), point (f), and (2), point (l), of Regulation (EU) 2021/2115 and for the actions undertaken by interbranch organisations and promotion and communication carried out in third countries as referred to in Article 58(1), first subparagraph, points (i), (j) and (k), of that Regulation, the expenditure paid for administrative and personnel costs directly incurred by the beneficiaries shall not exceed 50 % of the overall cost of the intervention.’.

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2023.