Regulation (EU) No 1305/2013 of the European Parliament and of the CouncilDangos y teitl llawn

TITLE I U.K. OBJECTIVES AND STRATEGY

CHAPTER I U.K. Subject matter and Definitions

Article 1 U.K. Subject matter

[F1 1. This Regulation lays down general rules governing support for rural development. It sets out the objectives to which rural development policy is to contribute and the relevant priorities for rural development. It outlines the strategic context for rural development policy and defines the measures to be adopted in order to implement rural development policy. [F2 In addition, it lays down rules on programming, networking, management, monitoring and evaluation.]]

2. This Regulation complements the provisions of Part Two of Regulation (EU) No 1303/2013 of the European Parliament and the Council(1).

Textual Amendments

F1 Art. 1(1) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(1); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) 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(2)

Article 2 U.K. Definitions

1. For the purposes of this Regulation, the definitions of "programme", "operation", "beneficiary", "community-led local development strategy", [F3 "public expenditure", "SMEs",] "completed operation" and "financial instruments" as laid down or referred to in Article 2 and of [F4 "less developed regions" and] "transition regions" as laid down in [F5 points (a) and (b)][F5 point (b)] in Article 90(2) of Regulation (EU) No 1303/2013 [F6 as it had effect immediately before IP completion day] apply.

In addition, the following definitions shall apply:

(a) "programming": means the process of organisation, decision making and allocation of financial resources in several stages, with the involvement of partners, intended to implement, on a multi-annual basis, [F7 action to achieve the priorities for rural development].

(b) "region" means a territorial unit corresponding to level 1 or 2 of the Nomenclature of territorial units for statistics (NUTS level 1 and 2) within the meaning of Regulation (EC) No 1059/2003 of the European Parliament and of the Council(2)[F8 as it had effect immediately before IP completion day];

(c) "measure" means a set of operations contributing to one or more of the F9 ... priorities for rural development;

(d) "support rate" means the rate of public contribution to an operation;

(e) "transaction cost" means an additional cost linked to fulfilling a commitment, but not directly attributable to its implementation or not included in the costs or income foregone that are compensated directly; and which can be calculated on a standard cost basis;

(f) "agricultural area" means any area taken up by arable land, permanent grassland and [F10 permanent pasture or] permanent crops as defined in [F11 Article 4 of Regulation (EU) No 1307/2013][F11 Article 2(1) of Regulation (EU) No 1306/2013];

(g) "economic losses" means any additional cost incurred by a farmer as a result of exceptional measures taken by the farmer with the objective of reducing supply on the market concerned or any substantial loss of production;

(h) "adverse climatic event" means weather conditions, such as frost, storms and hail, ice, heavy rain or severe drought, which can be assimilated to a natural disaster;

(i) "animal diseases" means diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health or in [F12 Annex II of Regulation (EU) No 652/2014];

(j) "environmental incident" means a specific occurrence of pollution, contamination or degradation in the quality of the environment which is related to a specific event and is of limited geographical scope; but does not cover general environmental risks not connected with a specific event, such as climate change or atmospheric pollution;

(k) "natural disaster": means a naturally occurring event of a biotic or abiotic nature that leads to important disturbances in agricultural production systems or forest structures, eventually causing important economic damage to the farming or forestry sectors;

(l) "catastrophic event": means an unforeseen event of a biotic or abiotic nature caused by human action that leads to important disturbances in agricultural production systems or forest structures, eventually causing important economic damage to the farming or forestry sectors;

(m) "short supply chain": means a supply chain involving a limited number of economic operators, committed to co-operation, local economic development, and close geographical and social relations between producers, processors and consumers;

[F13 (n) "young farmer" means a person who is no more than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of that holding; the setting up may be done solely or jointly with other farmers, irrespective of its legal form;]

[F14 (o) "thematic objectives": means the thematic objectives defined in Article 9 of Regulation (EU) No 1303/2013;]

[F15 (p) "Common Strategic Framework" ("CSF")": means the Common Strategic Framework referred to in Article 10 of Regulation (EU) No 1303/2013;]

(q) "cluster" means a grouping of independent undertakings, including start-ups, small, medium and large undertakings as well as advisory bodies and/or research organisations - designed to stimulate economic/ innovative activity by promoting intensive interactions, the sharing of facilities and the exchange of knowledge and expertise, as well as contributing effectively to knowledge transfer, networking and information dissemination among the undertakings in the cluster;

(r) "forest" means an area of land spanning more than 0,5 hectares with trees higher than 5 meters and a canopy cover of more than 10 percent, or trees able to reach these thresholds in situ; and does not include land that is predominantly under agricultural or urban land use, subject to paragraph 2[F13 ;]

[F16 (s) "date of setting up" means the date when the applicant performs or completes (an) action(s) related to the setting up referred to in point (n);]

[F17 (t) “Directive 2000/29” means Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(u) “Directive 2009/147” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds;]

[F18 (v) [F19 ‘appropriate authority’ means—

(i) the relevant authority for the constituent nation in which the regulations apply, or

(ii) the Secretary of State:

(aa) in relation to regulations applying in Scotland, if consent is given by the Scottish Ministers;

(bb) in relation to regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.]

[F19 “appropriate authority” means the relevant authority for the constituent nation in which the regulations apply.]]

2. [F20 The relevant authority] or region may choose to apply a forest definition, other than the one in point (r) of paragraph 1, based on existing national law or inventory system. The [F21 relevant authorities] or regions shall provide such definition in the rural development programme;

3. In order to ensure a coherent approach in the treatment of beneficiaries and to take into account the need for an adaptation period, as regards the definition of young farmer laid down in paragraph 1(n), the [F22 appropriate authority may make regulations] concerning the conditions under which a legal person may be considered to be a 'young farmer', and the setting of a grace period for the acquisition of occupational skills .

[F23 4. [F24 In these Regulations, references to Regulation (EU) No 1303/2013 are references to Regulation (EU) No 1303/2013, as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.]]

Textual Amendments

F3 Words in Art. 2(1) 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(3)(a)(i)

F4 Words in Art. 2(1) omitted (S.) (1.1.2021) by virtue of The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 4(2)(a)

F5 Words in Art. 2(1) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 4(2)(b)

F6 Words in Art. 2(1) inserted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(a)(i) (as amended by S.I. 2020/1445, regs. 1(2)(a), 12(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(1)(a) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(1)(b) inserted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(a)(ii)(bb) (as amended by S.I. 2020/1445, regs. 1(2)(a), 12(2)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Art. 2(1)(c) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(a)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(1)(f) 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(3)(a)(ii)

F11 Words in Art. 2(1)(f) substituted (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 1(2)

F12 Words in Art. 2(1)(i) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(a)(ii)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F13 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F14 Art. 2(1)(o) 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(3)(a)(iii)

F15 Art. 2(1)(p) 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(3)(a)(iv)

F16 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F17 Art. 2(1)(t)(u) inserted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(a)(ii)(ee); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 2(1)(v) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 50(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Art. 2(1)(v) 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(3)(a)(v)

F20 Words in Art. 2(2) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 2(2) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 2(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 50(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Art. 2(4) inserted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 2(4) 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(3)(b)

CHAPTER II U.K. Mission, objectives and priorities

[F25 Article 3 E+S+N.I. Mission

Support provided through rural development programmes shall contribute to promoting sustainable rural development in a manner that complements other support provided to the agriculture and fisheries sectors [F26 and to less developed regions]. It shall contribute to the development of an agricultural sector that is more territorially and environmentally balanced, climate-friendly and resilient and competitive and innovative. It shall also contribute to the development of rural territories.]

Extent Information

E1 This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

F25 Art. 3 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 3 omitted (S.) (1.1.2021) by virtue of The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 4(3)

[F30 Article 3 W Aim

Support for rural development shall contribute to the development of rural economies and sectors that are more resilient, competitive and innovative and which support the achievement of the well-being goals as set out in section 4 of the Well-being of Future Generations (Wales) Act 2015, the sustainable management of natural resources as set out in Part 1 of the Environment (Wales) Act 2016 and climate resilience.]

Extent Information

E4 This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F30 Art. 3 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(4)

Article 4 E+S+N.I. Objectives

Within the overall framework of [F27 agricultural support], support for rural development, including for activities in the food and non-food sector and in forestry, shall contribute to achieving the following objectives:

(a)

fostering the competitiveness of agriculture;

(b)

ensuring the sustainable management of natural resources, and climate action;

(c)

achieving a balanced territorial development of rural economies and communities including the creation and maintenance of employment.

Extent Information

E2 This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

F27 Words in Art. 4 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(4); 2020 c. 1, Sch. 5 para. 1(1)

[F31 Article 4 W Objectives

Support for rural development, must contribute to achieving the following objectives:

(a) fostering the competitiveness of agriculture;

(b) contributing towards the sustainable management of natural resources as set out in Part 1 of the Environment (Wales) Act 2016;

(c) ensuring climate resilience;

(d) achieving a balanced territorial development of rural economies and communities including the creation and maintenance of employment.]

Extent Information

E5 This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F31 Art. 4 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(5)

Article 5 E+S+N.I. Union priorities for rural development

[F28 The achievement of the objectives of rural development shall be pursued through the following six priorities for rural development, which reflect the relevant Thematic Objectives of the CSF:]

(1)

fostering knowledge transfer and innovation in agriculture, forestry, and rural areas with a focus on the following areas:

(a)

fostering innovation, cooperation, and the development of the knowledge base in rural areas;

(b)

strengthening the links between agriculture, food production and forestry and research and innovation, including for the purpose of improved environmental management and performance;

(c)

fostering lifelong learning and vocational training in the agricultural and forestry sectors.

(2)

enhancing farm viability and competitiveness of all types of agriculture in all regions and promoting innovative farm technologies and the sustainable management of forests, with a focus on the following areas:

(a)

improving the economic performance of all farms and facilitating farm restructuring and modernisation, notably with a view to increasing market participation and orientation as well as agricultural diversification;

(b)

facilitating the entry of adequately skilled farmers into the agricultural sector and, in particular, generational renewal.

(3)

promoting food chain organisation, including processing and marketing of agricultural products, animal welfare and risk management in agriculture, with a focus on the following areas:

(a)

improving competitiveness of primary producers by better integrating them into the agri-food chain through quality schemes, adding value to agricultural products, promotion in local markets and short supply circuits, producer groups and organisations and inter-branch organisations;

(b)

supporting farm risk prevention and management.

(4)

restoring, preserving and enhancing ecosystems related to agriculture and forestry, with a focus on the following areas:

(a)

restoring, preserving and enhancing biodiversity, including in Natura 2000 areas, and in areas facing natural or other specific constraints, and high nature value farming, as well as the state of European landscapes;

(b)

improving water management, including fertiliser and pesticide management;

(c)

preventing soil erosion and improving soil management.

(5)

promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in agriculture, food and forestry sectors, with a focus on the following areas:

(a)

increasing efficiency in water use by agriculture;

(b)

increasing efficiency in energy use in agriculture and food processing;

(c)

facilitating the supply and use of renewable sources of energy, of by-products, wastes and residues and of other non food raw material, for the purposes of the bio-economy;

(d)

reducing green house gas and ammonia emissions from agriculture;

(e)

fostering carbon conservation and sequestration in agriculture and forestry;

(6)

promoting social inclusion, poverty reduction and economic development in rural areas, with a focus on the following areas:

(a)

facilitating diversification, creation and development of small enterprises, as well as job creation;

(b)

fostering local development in rural areas;

(c)

enhancing the accessibility, use and quality of information and communication technologies (ICT) in rural areas.

All those priorities shall contribute to the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation. Programmes may address fewer than six priorities if justified on the basis of the analysis of the situation in terms of strengths, weaknesses, opportunities and threats ("the SWOT") and the ex ante evaluation. At least four priorities shall be addressed by each programme. F29 ....

Other focus areas may be included in programmes in order to pursue one of the priorities if justified and measurable.

Extent Information

E3 This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

F28 Words in Art. 5 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 5 omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F32 Article 5 W Priorities for rural development

Support for rural development must support the following priorities:

1 fostering knowledge transfer and innovation in agriculture, forestry, and rural areas;

2 enhancing farm viability and competitiveness of all types of agriculture in all regions and promoting innovative farm technologies and the sustainable management of forests;

3 promoting food chain organisation, including processing and marketing of agricultural products, animal welfare and risk management in agriculture;

4 restoring, preserving and enhancing ecosystems dependent on agriculture and forestry;

5 promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in the agriculture, food and forestry sectors;

6 promoting social inclusion, poverty reduction and economic development in rural areas.

Each of these priorities shall contribute to the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation.]

Extent Information

E6 This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F32 Art. 5 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(6)

(1)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (see page 549 of this Official Journal).

(2)

Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).