Explanatory Memorandum to COM(2025)190 - Amendment of Regulation (EU) No 228/2013 as regards additional assistance and further flexibility to outermost regions affected by severe natural disasters and in the context of cyclone Chido devastating Mayotte - Main contents
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| dossier | COM(2025)190 - Amendment of Regulation (EU) No 228/2013 as regards additional assistance and further flexibility to outermost regions ... |
|---|---|
| source | COM(2025)190  |
| date | 23-04-2025 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
As seen in the recent unprecedented cyclone in Mayotte, natural disasters and severe meteorological events in the outermost regions of the EU are having a devastating effect on the populations living and working in these regions. Much of the agricultural and forestry production potential is destroyed every year, causing huge losses of income and threatening the food availability and security of these regions which already face permanent constraints on their development, as recognised in Article 349 of the Treaty on the Functioning of the European Union. In fact, while these regions are quite different from one another, they share some specificities, such as remoteness, insularity 1 , mostly small size, increased vulnerability to climate change, economies dependent on a few sectors, with high levels of unemployment, and gross domestic product (GDP) significantly below EU and national averages. All these constraints render the recovery of the agricultural production destroyed by severe natural disasters even more difficult and the severity of the natural disasters render the time of recovery even longer.
In its Communication “Putting people first, securing sustainable and inclusive growth, unlocking the potential of the EU’s outermost regions” 2 , the Commission committed to reflecting the outermost regions’ specificities across all EU policies, including agriculture 3 . Some of the challenges of the agricultural sector in the outermost regions are already addressed in a specific way through Regulation (EU) No 228/2013 of the European Parliament and of the Council 4 . However, in the face of ever more severe natural disasters in these regions, the need for further flexibilities was identified. In order to address the cash-flow challenges during the reconstruction of agricultural production after the frequent devastating natural disasters in outermost regions, Europe needs to be able to rapidly deploy effective support and more flexibility through the POSEI referred to in that Regulation. This involves programmes of options specifically relating to remoteness and insularity laying down specific measures for agriculture in the outermost regions of the Union by ensuring continuity of POSEI support to the beneficiaries during the restoration period, irrespective of the level of their activity, but subject to formal commitments to restore their capacity. On 14 December 2024, the outermost region of Mayotte was hit by the deadly cyclone Chido, causing widespread destruction and casualties everywhere in its path, devastating thousands of homes and cutting off the water and electricity supplies. Roads, communications networks and health infrastructures were seriously affected or put out of service. On 11 January 2025, Mayotte was also struck by the tropical storm Dikeledi, with heavy rain and local flooding compounding the damage caused by Chido. The effects of Chido on agriculture and food security were significant: strong winds destroyed crops in many areas, farmlands were flooded, disrupting planting schedules, which will lead to lower yields for the next growing season. In addition, Chido destroyed infrastructure, such as roads, hampering the transportation of agricultural goods. For the first time, France declared a state of exceptional natural disaster.
Consequently, the last year of the implementation of the Rural Development Programme in Mayotte for the programming period 2014-2022 (RDP Mayotte) was heavily affected. Many projects, in particular investments, will be delayed or abandoned. In addition, in the first instance, farmers and other actors in agriculture need liquidity support to be able to make a living until the restoration of their holdings has occurred, as well as the restoration of their production potential.
Regulation (EU) 2024/3242 of the European Parliament and of the Council of 19 December 2024 5 amending Regulation (EU) 2020/2220 of the European Parliament and of the Council 6 introduced a new exceptional and temporary measure (inserted in Article 6a of Regulation (EU) 2020/2220) which allows Member States to provide liquidity support to farmers, forest holders, as well as SMEs active in processing agricultural and forestry products, affected by natural disasters occurring as of 1 January 2024.
Pursuant to the current rules, an upper ceiling of maximum 10% of EAFRD funds for 2021-2022 (excluding EURI) can be allocated to this measure (1.5 M€ for Mayotte). To provide an adequate response to the exceptional natural disasters occurred in Mayotte, it is proposed to remove this ceiling of 10% and allow Mayotte to reallocate 2021-2022 EAFRD funds for the support provided under measure pursuant to Article 6a of Regulation (EU) 2020/2220.
In the context of this measure, the deadline for the approval of the applications is set to 30/06/2025 7 in order to provide swift reaction to natural disasters and quick liquidity to those in need. However, given that this proposal will change the conditions of this measure for Mayotte, it is necessary to provide sufficient time to the Managing authority of Mayotte to select the beneficiaries once this regulation enters into force. For this reason, the deadline for approval of the applications should not apply. Nonetheless, the eligibility of expenses (31 December 2025) as defined in Regulation (UE) 1303/2013 8 remains unchanged. This means that the payments to the beneficiaries have to be made by 31 December 2025.
Further, the Commission proposes to introduce a derogation to capping of measure pursuant to Article 6a of Regulation (EU) 2020/2220 for Mayotte, which will allow the outermost region to effectively address the liquidity needs of the rural population heavily damaged in the described natural disasters. This derogation should be done through specific provisions of POSEI Regulation in order to keep this derogation limited to the specific needs of the outermost region of Mayotte.
Therefore, in order to provide the above-described additional assistance and further flexibility to outermost regions affected by natural disasters, the Commission proposes a targeted modification of the POSEI Regulation which lays down specific measures for agriculture in the outermost regions of the Union.
• Consistency with existing policy provisions in the policy area
The proposal is consistent with the overall legal framework established for the Common Agricultural Policy and the European Structural and Investment Funds (ESIF) and is limited to a targeted amendment of Regulation (EU) No 228/2013.
• Consistency with other Union policies
The proposal is limited to targeted amendments of Regulation (EU) No 228/2013 and maintains consistency with other Union policies.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The proposal is based on Articles 42, 43 i and 349 of the Treaty on the Functioning of the European Union.
• Subsidiarity (for non-exclusive competence)
The Treaty on the Functioning of the European Union provides that the competence for agriculture is shared between the Union and the Member States, while establishing a common agricultural policy with common objectives and a common implementation. The proposal aims at ensuring further flexibilities to Outermost regions affected by natural disasters or severe meteorological events.
• Proportionality
The proposal comprises limited and targeted amendments that do not go beyond what is necessary to achieve the objective of providing exceptional and temporary relief to farmers, forest holders, SMEs and holdings active in processing, marketing or development of agricultural products or forestry products and for restoration efforts, who are particularly affected by natural disasters.
• Choice of the instrument
A Regulation is the appropriate instrument to introduce the flexibility needed to address these unprecedented circumstances.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
• Stakeholder consultations
Due to the technical, limited and urgent nature of the proposed modifications, the wide public consultation is not required.
• Collection and use of expertise
• Impact assessment
Due to the technical nature and targeted scope of the initiative, the impact assessment is not required.
• Regulatory fitness and simplification
• Fundamental rights
4. BUDGETARY IMPLICATIONS
This new proposal does not imply any changes in the Multiannual Financial Framework annual ceilings for commitments and payments as per Annex I of Regulation (EU) No 2020/2093. The annual breakdown of commitment appropriations for the European Agricultural Fund for Rural Development E.08030102 remains unchanged.
Overall, this measure does not imply the need for extra payment appropriations. The necessary payment appropriations of EUR 13.5 million in 2025 and 2026 payment appropriations are foreseen to be offset by decommitments at closure expected to take place in 2026. Funds allocated to other Rural Development Programmes (RPDs) that will remain unused will be decommitted and will compensate for the additional costs under this amendment.
As regards POSEI support, this proposal does not have any quantifiable budgetary impact. Any related expenditure will remain under the annual Member State financial allocation for POSEI.
.5.OTHER ELEMENTS
• Implementation plans and monitoring, evaluation, and reporting arrangements
The implementation of the measures will be monitored and reported upon in the framework of the reporting mechanisms established in Regulations (EU) No 1303/2013, (EU) No 1305/2013 9 and (EU) 228/2013.
• Explanatory documents (for directives)
• Detailed explanation of the specific provisions of the proposal
In order to provide further flexibilities to the outermost regions affected by natural disasters and severe meteorological events and to provide an adequate response to the impact of the unprecedented natural disaster Chido in Mayotte on the farmers, other EAFRD beneficiaries and the administrations it is proposed to amend Regulation (EU) No 228/2013 as follows:
·Allow the competent national authorities to submit an exceptional programme modification to their POSEI programme while they apply the principle of force majeure or exceptional circumstances where, as a result of the unexpected severe natural disaster, the agricultural production capacity was seriously or totally destroyed, and the restoration of certain sectors requires a longer period than could be covered by the application of the principle of force majeure or exceptional circumstances. This would allow the beneficiaries concerned to continue to receive POSEI support during the restoration period, irrespective of the level of their activity, but subject to their formal commitment to restore their agricultural production capacity. The implementation of this programme modification will be subject to annual review and monitoring of progress in close cooperation between the Commission and the Member State.
·For the rural development programme of Mayotte, remove the limit of 10% of the 2021 and 2022 budgetary allocations for temporary support in response to the impact of natural disasters to be funded under the European Agricultural Fund for Rural Development (EAFRD) and allow the selection of the beneficiaries beyond the deadline of 30 June 2025.
·Compliance with the digital-by-default principle
·According to the digital assessment carried out, the current proposal has no digital dimensions as there is no digital relevance. Digital means or data exchange are not under the scope of the proposal.