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Regulation (EU) No 1305/2013 of the European Parliament and of the CouncilShow full title
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
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Article 34E+S+N.I.Forest-environmental and climate services and forest conservation
1.Support under this measure shall be granted per hectare of forest to public and private forest-holders and other private law and public bodies and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment and climate commitments. In the case of state owned forests, support may only be granted if the body managing such a forest is a private body or a municipality.
For forest holdings above a certain threshold to be determined by [F1the relevant authority] in their rural development programmes, support under paragraph 1 shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993.
2.Payments shall cover only those commitments going beyond the relevant mandatory requirements established by F2... relevant national law. All such requirements shall be identified in the programme.
Commitments shall be undertaken for a period of between five and seven years. However, where necessary and duly justified, [F1the relevant authority] may determine a longer period in their rural development programmes for particular types of commitments.
3.Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where it is necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. Support shall be limited to the maximum amount laid down in Annex II.
In duly justified cases for operations concerning environmental conservation, support may be granted as a flat-rate or one-off payment per unit for commitments to renounce commercial use of trees and forests, calculated on basis of additional costs incurred and income foregone.
4.Support may be provided to public and private entities for the conservation and promotion of forest genetic resources for operations not covered under paragraphs 1, 2 and 3.
5.In order to ensure the efficient use of [F3support for rural development], the [F4appropriate authority may make regulations] concerning the types of operations eligible for support under paragraph 4 of this Article.
Extent Information
E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only
Textual Amendments
F1Words in Art. 34 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(19)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 34(2) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(19)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 34(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 62(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 34(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 62(b); 2020 c. 1, Sch. 5 para. 1(1)
Article 34W[F5Forest-environmental, climate commitments and forest historic environment commitments]
1.Support under this measure shall be granted per hectare of forest to public and private forest-holders and other private law and public bodies and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more [F6forest-environmental, climate commitments and forest historic environment commitments]. In the case of state owned forests, support may only be granted if the body managing such a forest is a private body or a municipality.
For forest holdings above a certain threshold to be determined by [F7the relevant authority] in [F8the rural development programme], support under paragraph 1 shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993.
2.Payments shall cover only those commitments going beyond the relevant mandatory requirements established by F9... relevant national law. All such requirements shall be identified in the programme.
Commitments shall be undertaken for a period of between five and seven years. However, where necessary and duly justified, [F7the relevant authority] may determine a longer period in their rural development programmes for particular types of commitments.
3.Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where it is necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. F10...
In duly justified cases for operations concerning environmental conservation, support may be granted as a flat-rate or one-off payment per unit for commitments to renounce commercial use of trees and forests, calculated on basis of additional costs incurred and income foregone.
4.Support may be provided to public and private entities for the conservation and promotion of forest genetic resources for operations not covered under paragraphs 1, 2 and 3.
5.In order to ensure the efficient use of [F11support for rural development], the [F12appropriate authority may make regulations] concerning the types of operations eligible for support under paragraph 4 of this Article.
Extent Information
E2This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only
Textual Amendments
F5Words in Art. 34 heading substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(29)(a)
F6Words in Art. 34(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(29)(b)(i)
F7Words in Art. 34 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(19)(a); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 34(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(29)(b)(ii)
F9Words in Art. 34(2) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(19)(b); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 34(3) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(29)(c)
F11Words in Art. 34(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 62(a); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 34(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 62(b); 2020 c. 1, Sch. 5 para. 1(1)
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