Regulation (EU) No 1307/2013 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009

TITLE IU.K.SCOPE AND DEFINITIONS

Article 1U.K.Scope

This Regulation establishes:

(a)

common rules on payments granted directly to farmers under the support schemes listed in Annex I ("direct payments");

(b)

specific rules concerning:

(i)

a basic payment for farmers ("the basic payment scheme" F1... ;

(ii)

F2...

(iii)

a voluntary redistributive payment;

(iv)

[F3a payment for farmers observing agricultural practices beneficial for the climate and the environment;]

(v)

F4...

(vi)

a payment for young farmers commencing their agricultural activity;

(vii)

a voluntary coupled support scheme;

(viii)

F5...

(ix)

F6...

(x)

F7...

Textual Amendments

Article 2U.K.Amendment of Annex I

In order to ensure legal certainty, the [F8appropriate authority may make regulations] amending the list of support schemes set out in Annex I to the extent necessary to take account of any new legislative acts on support schemes which may be adopted after the adoption of this Regulation.

Textual Amendments

F9Article 3U.K.Application to the outermost regions and the smaller Aegean islands

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 4E+S+N.I.Definitions and related provisions

1.For the purposes of this Regulation, the following definitions shall apply:

(a)"farmer" means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members F10..., whose holding is situated within the [F11United Kingdom], and who exercises an agricultural activity;

(b)"holding" means all the units used for agricultural activities and managed by a farmer situated within the [F12United Kingdom];

(c)"agricultural activity" means:

(i)

production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,

(ii)

maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by [F13the relevant authority on the basis of the framework set out in Article 4 of Regulation (EU) 639/2014], or

(iii)

carrying out a minimum activity, defined by [F14the relevant authority], on agricultural areas naturally kept in a state suitable for grazing or cultivation;

(d)"agricultural products" means the products, with the exception of fishery products, listed in Annex I to the Treaties F15...;

(e)"agricultural area" means any area taken up by arable land, permanent grassland and permanent pasture, or permanent crops;

(f)"arable land" means land cultivated for crop production or areas available for crop production but lying fallow, including areas set aside in accordance with Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, with Article 39 of Regulation (EC) No 1698/2005 and with Article 28 of Regulation (EU) No 1305/2013, irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;

(g)"permanent crops" means non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more and yield repeated harvests, including nurseries and short rotation coppice;

[F16(h)"permanent grassland and permanent pasture" (together referred to as "permanent grassland") means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more, [F17and, where the relevant authority so decides], that has not been ploughed up for five years or more; it may include other species such as shrubs and/or trees which can be grazed and, where [F18the relevant authority so decides], other species such as shrubs and/or trees which produce animal feed, provided that the grasses and other herbaceous forage remain predominant. [F19The relevant authority] may also decide to consider as permanent grassland:

(i)

land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; and/or

(ii)

land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas;]

(i)"grasses or other herbaceous forage" means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the [F20United Kingdom], whether or not used for grazing animals;

(j)"nurseries" means the following areas of young ligneous (woody) plants grown in the open air for subsequent transplantation:

  • (j)vine and root-stock nurseries,

  • fruit tree and berries nurseries,

  • ornamental nurseries,

  • commercial nurseries of forest trees excluding those for the holding's own requirements grown within woodland,

  • nurseries of trees and bushes for planting in gardens, parks, at the roadside and on embankments (e.g. hedgerow plants, rose trees and other ornamental bushes, ornamental conifers), including in all cases their stocks and young seedlings;

(k)"short rotation coppice" means areas planted with tree species F21... F22... defined by [F23the relevant authority] that consist of woody, perennial crops, the rootstock or stools of which remain in the ground after harvesting, with new shoots emerging in the following season and with a maximum harvest cycle F22... determined by the [F24relevant authority];

(l)"sale" means the sale or any other definitive transfer of ownership of land or payment entitlements; it does not include the sale of land where land is transferred to public authorities or for use in the public interest and where the transfer is carried out for non-agricultural purposes;

(m)"lease" means a rental agreement or similar temporary transaction;

(n)"transfer" means the lease or sale or actual inheritance or anticipated inheritance of land or payment entitlements or any other definitive transfer thereof; it does not cover the reversion of entitlements upon expiry of a lease;

[F25(o)“constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;

(p)“national reserve” means a reserve established by the relevant authority at the level of the constituent nation;

(q)“regional reserves” means reserves established by the relevant authority at regional level;

(r)“relevant authority” means—

(i)in relation to England, the Secretary of State;

(ii)in relation to Wales, the Welsh Ministers;

(iii)in relation to Scotland, the Scottish Ministers;

(iv)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(s)“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.]

[F26Notwithstanding points (f) and (h) of the first subparagraph, [F27a relevant authority] which, prior to 1 January 2018, [F28has] accepted parcels of land lying fallow as arable land may continue to accept them as such after that date. From 1 January 2018 parcels of land lying fallow which have been accepted as arable land under this subparagraph in 2018 shall become permanent grassland in 2023, or thereafter, if the conditions set out in point (h) are met.]

2.[F29For the purposes of point (c) of paragraph 1:

(athe criteria to be met by farmers in order to fulfil the obligation to maintain an agricultural area in a state suitable for grazing or cultivation, as referred to in point (c)(ii) are the criteria set by the relevant authority prior to exit day;

(bwhere applicable in a constituent nation, the minimum activity to be carried out on agricultural areas naturally kept in a state suitable for grazing or cultivation, as referred to in point (c)(iii) is as defined by the relevant authority prior to exit day.]

[F30The relevant authority] may decide that land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas is to be considered to be permanent grassland, as referred to in point (h) of paragraph 1.

[F26[F30The relevant authority] may decide that:

(a)land that has not been ploughed up for five years or more shall be considered permanent grassland as referred to in point (h) of the first subparagraph of paragraph 1, provided that the land is used to grow grasses or other herbaceous forages naturally (self-seeded) or through cultivation (sown) and that it has not been included in the crop rotation of the holding for five years or more;

(b)permanent grassland may include other species such as shrubs and/or trees which produce animal feed, in areas where grasses and other herbaceous forage are predominant; and/or

(c)land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas be considered permanent grassland as referred to in point (h) of the first subparagraph of paragraph 1.

[F30The relevant authority] may decide, on the basis of objective and non-discriminatory criteria, to apply their decision in accordance with points (b) and/or (c) of the third subparagraph of this paragraph to the whole or a part of [F31the constituent nation].

[F32This paragraph only applies where the decisions to which it refers were made and notified to the Commission by:

(a)31st January 2015, in the case of a decision taken under the second subparagraph;

(b)31st March 2018, in the case of a decision taken under the third or fourth subparagraph.]]

F333.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales

Textual Amendments

Article 4WDefinitions and related provisions

1.For the purposes of this Regulation, the following definitions shall apply:

(a)"farmer" means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members F311..., whose holding is situated within [F312Wales], and who exercises an agricultural activity;

(b)"holding" means all the units used for agricultural activities and managed by a farmer situated within [F313Wales];

(c)"agricultural activity" means:

(i)

production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,

(ii)

maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by [F314the relevant authority on the basis of the framework set out in Article 4 of Regulation (EU) 639/2014], or

(iii)

carrying out a minimum activity, defined by [F315the relevant authority], on agricultural areas naturally kept in a state suitable for grazing or cultivation;

(d)"agricultural products" means the products, with the exception of fishery products, listed in Annex I to the Treaties F316...;

(e)"agricultural area" means any area taken up by arable land, permanent grassland F317..., or permanent crops;

(f)"arable land" means land cultivated for crop production or areas available for crop production but lying fallow, including areas set aside in accordance with Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, with Article 39 of Regulation (EC) No 1698/2005 and with Article 28 of Regulation (EU) No 1305/2013, irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;

(g)"permanent crops" means non-rotational crops other than permanent grassland F318... that [F319occupies] the land for five years or more and yield repeated harvests, including nurseries and short rotation coppice;

[F320(h)[F321“permanent grassland”] means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more, [F322and, where the relevant authority so decides], that has not been ploughed up for five years or more; it may include other species such as shrubs and/or trees which can be grazed and, where [F323the relevant authority so decides], other species such as shrubs and/or trees which produce animal feed, provided that the grasses and other herbaceous forage remain predominant. [F324The relevant authority] may also decide to consider as permanent grassland:

(i)

land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; and/or

(ii)

land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas;]

(i)"grasses or other herbaceous forage" means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in [F325Wales], whether or not used for grazing animals;

(j)"nurseries" means the following areas of young ligneous (woody) plants grown in the open air for subsequent transplantation:

  • (j)vine and root-stock nurseries,

  • fruit tree and berries nurseries,

  • ornamental nurseries,

  • commercial nurseries of forest trees excluding those for the holding's own requirements grown within woodland,

  • nurseries of trees and bushes for planting in gardens, parks, at the roadside and on embankments (e.g. hedgerow plants, rose trees and other ornamental bushes, ornamental conifers), including in all cases their stocks and young seedlings;

(k)"short rotation coppice" means areas planted with tree species F326... F327... defined by [F328the relevant authority] that consist of woody, perennial crops, the rootstock or stools of which remain in the ground after harvesting, with new shoots emerging in the following season and with a maximum harvest cycle F327... determined by the [F329relevant authority];

(l)"sale" means the sale or any other definitive transfer of ownership of land or payment entitlements; it does not include the sale of land where land is transferred to public authorities or for use in the public interest and where the transfer is carried out for non-agricultural purposes;

(m)"lease" means a rental agreement or similar temporary transaction;

(n)"transfer" means the lease or sale or actual inheritance or anticipated inheritance of land or payment entitlements or any other definitive transfer thereof; it does not cover the reversion of entitlements upon expiry of a lease;

[F330(o)“constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;

(p)“national reserve” means a reserve established by the relevant authority at the level of the constituent nation;

(q)“regional reserves” means reserves established by the relevant authority at regional level;

(r)“relevant authority” means—

(i)in relation to England, the Secretary of State;

(ii)in relation to Wales, the Welsh Ministers;

(iii)in relation to Scotland, the Scottish Ministers;

(iv)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

[F331(s)“appropriate authority” means the relevant authority for the constituent nation in which the regulations apply;]]

[F332(t)“total ceiling” means the amount determined in accordance with Article 5A.]

[F333Notwithstanding points (f) and (h) of the first subparagraph, [F334a relevant authority] which, prior to 1 January 2018, [F335has] accepted parcels of land lying fallow as arable land may continue to accept them as such after that date. From 1 January 2018 parcels of land lying fallow which have been accepted as arable land under this subparagraph in 2018 shall become permanent grassland in 2023, or thereafter, if the conditions set out in point (h) are met.]

2.[F336For the purposes of point (c) of paragraph 1:

(a)the criteria to be met by farmers in order to fulfil the obligation to maintain an agricultural area in a state suitable for grazing or cultivation, as referred to in point (c)(ii) are the criteria set by the relevant authority prior to exit day;

(b)where applicable in a constituent nation, the minimum activity to be carried out on agricultural areas naturally kept in a state suitable for grazing or cultivation, as referred to in point (c)(iii) is as defined by the relevant authority prior to exit day.]

[F337The relevant authority] may decide that land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas is to be considered to be permanent grassland, as referred to in point (h) of paragraph 1.

[F333[F337The relevant authority] may decide that:

(a)land that has not been ploughed up for five years or more shall be considered permanent grassland as referred to in point (h) of the first subparagraph of paragraph 1, provided that the land is used to grow grasses or other herbaceous forages naturally (self-seeded) or through cultivation (sown) and that it has not been included in the crop rotation of the holding for five years or more;

(b)permanent grassland may include other species such as shrubs and/or trees which produce animal feed, in areas where grasses and other herbaceous forage are predominant; and/or

(c)land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas be considered permanent grassland as referred to in point (h) of the first subparagraph of paragraph 1.

[F337The relevant authority] may decide, on the basis of objective and non-discriminatory criteria, to apply their decision in accordance with points (b) and/or (c) of the third subparagraph of this paragraph to the whole or a part of [F338the constituent nation].

F339... ]

F3403.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E9This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland

Textual Amendments

TITLE IIU.K.GENERAL PROVISIONS ON DIRECT PAYMENTS

CHAPTER 1U.K.Common rules on direct payments

Article 5U.K.General common agricultural policy provisions

Regulation (EU) No 1306/2013 and the provisions adopted pursuant thereto shall apply to the schemes provided for in this Regulation.

[F34Article 5AEThe total ceiling for England

1.In determining the total ceiling for England, the Secretary of State must determine an amount equivalent to England’s share of the 2020 national ceiling set out in Annex II.

2.The Secretary of State must determine the total ceiling before the start of the relevant year.

3.When the total ceiling has been determined, the Secretary of State must publish that amount as soon as practicable after that determination has been made.

4.The total ceiling, for any relevant year, is to be distributed among all allocated payment entitlements, the national reserve or the regional reserves, and the ceiling fixed in accordance with Article 51, as they apply in England.

5.Where the Secretary of State makes a decision under Article 22(2) to increase the basic payment scheme ceiling, the total ceiling, for any relevant year, may be exceeded by the increase decided pursuant to that Article.

6.In this Article, “relevant year” has the meaning given by section 10(4) of the Agriculture Act 2020.]

Textual Amendments

[F341Article 5AWThe total ceiling for Wales

1.The Welsh Ministers must determine the total ceiling for Wales.

2.The Welsh Ministers must determine the total ceiling before the start of the relevant year.

3.The Welsh Ministers must publish the total ceiling as soon as practicable after they have determined it under paragraph 1.

4.The total ceiling, for any relevant year, must be distributed among all claimed payment entitlements, including the national reserve or the regional reserves, and ceilings set in accordance with Articles 42 and 51 and the amount allocated under Article 53.

5.In this Article, “relevant year” has the same meaning as in paragraph 3(4) of Schedule 5 to the Agriculture Act 2020.]

Extent Information

E10This version of this provision extends to Wales only; a separate version has been created for England only

Textual Amendments

[F35Article 6U.K.National ceilings

[F361.For each year, the national ceiling for the United Kingdom comprising the total value of all allocated payment entitlements, of all national reserves and regional reserves and of all the ceilings calculated in accordance with Articles 42, 47, 51 and 53 is as set out in Annex II.

Where a relevant authority makes a decision under Article 22(2) to increase the amount which represents its share of the basic payment scheme ceiling, the national ceiling set out in Annex II for the United Kingdom for the respective year may be exceeded by the sum of the increases decided pursuant to that Article in respect of that year.]

F372.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F383.In order to take account of the developments relating to the total maximum amounts of direct payments that may be granted, including those resulting from the decisions taken F39... in accordance with F40...[F41Articles 7A and 14] of this Regulation [F42, the Secretary of State may make regulations] adapting the national ceilings set out in Annex II to this Regulation.]

[F434.The Secretary of State may not make regulations under paragraph 3 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.

5.Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 3, the Secretary of State must have regard to that request.]]

Textual Amendments

[F44Article 7U.K.Net ceilings

1.[F45The] total amount of direct payments which may be granted in [F46the United Kingdom] pursuant to Titles III, IV and V in respect of a calendar year, after application of Article 11, shall not be higher than the corresponding ceiling set out in Annex III.

Where the total amount of direct payments to be granted in [F47a constituent nation] would be higher than [F48its share of] the ceiling set out in Annex III, [F49the relevant authority] shall make a linear reduction in the amounts of all direct payments F50....

[F512.For calendar year 2020, the estimated product of the reduction of payments referred to in Article 11 (which is reflected by the difference between the national ceiling set out in Annex II and the net ceiling set out in Annex III) shall be made available as support for measures under rural development.

2A.References to “rural development” in this Article and in Article 14 include measures which are conducive to:

(a)the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; or

(b)the promotion of the enjoyment of the countryside by the public; or

(c)starting, or improving the productivity of, an agricultural, horticultural or forestry activity or a rural business; or

(d)starting, promoting or improving rural services.]

3.In order to take account of the developments relating to the total maximum amounts of direct payments that may be granted, including those resulting from the decisions taken F52... pursuant to [F53Article 7A and] Article 14, [F54the Secretary of State may make regulations] adapting the ceilings set out in Annex III.

[F554.The Secretary of State may not make regulations under paragraph 3 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.

5.Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 3, the Secretary of State must have regard to that request.]]

Textual Amendments

[F56[F57Article 7AU.K.Increase in national and net ceilings

1 The Secretary of State may, having regard to the recommendations contained in the report of the Bew Review, decide to increase the total maximum amount of direct payments that could otherwise be granted in relation to the claim year 2020.

2In this Article, the “report of the Bew Review” means the report entitled “Intra-UK Allocations Review” published on 6 September 2019.]]

Textual Amendments

F58Article 8U.K.Financial discipline

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 9E+S+N.I.Active farmer

1.No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, whose agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and who do not carry out on those areas the minimum activity defined by [F59the relevant authority] in accordance with point (b) of Article 4(2).

2.No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, who operate airports, railway services, waterworks, real estate services, permanent sport and recreational grounds.

[F60Nothing in this Regulation prevents the relevant authority from adding to the list in the first subparagraph any other similar non-agricultural businesses or activities or from removing any such additions, provided that any such additions and removals are appropriate and made on the basis of objective and non-discriminatory criteria.]

A person or group of persons falling within the scope of the first or second subparagraph shall, however, be regarded as an active farmer if it provides verifiable evidence, in the form that is required by [F61the relevant authority], which demonstrates any of the following:

(a)that the annual amount of direct payments is at least 5 % of the total receipts that it obtained from non-agricultural activities in the most recent fiscal year for which such evidence is available;

(b)that its agricultural activities are not insignificant;

(c)that its principal business or company objects consist of exercising an agricultural activity.

3.[F62Nothing in this Regulation prevents the relevant authority from deciding], on the basis of objective and non-discriminatory criteria, that no direct payments are to be granted to natural or legal persons, or to groups of natural or legal persons:

(a)whose agricultural activities form only an insignificant part of their overall economic activities; and/or

(b)whose principal activity or company objects do not consist of exercising an agricultural activity.

[F263a.[F63Nothing in this Regulation prevents the relevant authority from deciding] that no direct payments are to be granted to farmers who are not registered, for their agricultural activities, in a national fiscal or social security register.]

[F644.Paragraphs 2, 3 and 3a do not apply to farmers who received direct payments for the previous year, if the amount of those direct payments was no more than the amount set by the relevant authority in accordance with this Regulation prior to exit day.]

5.In order to guarantee the protection of the rights of farmers, the [F65appropriate authority may make regulations] laying down:

(a)criteria for determining the cases where a farmer's agricultural area is to be considered to be mainly an area naturally kept in a state suitable for grazing or cultivation;

(b)criteria for establishing the distinction between receipts resulting from agricultural and non-agricultural activities;

(c)criteria for establishing the amounts of direct payments referred to in paragraphs 2 and 4, especially concerning F66... direct payments for new farmers;

(d)criteria that farmers are to meet in order to prove for the purposes of paragraphs 2 and 3 that their agricultural activities are not insignificant and that their principal business or company objects consist of exercising an agricultural activity.

F676.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F687.Nothing in this Regulation prevents the relevant authority from deciding that only one or two of the criteria listed in the third subparagraph of paragraph 2 applies.]

[F698.The relevant authority may decide to stop applying paragraph 2.]

Extent Information

E2This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 9WActive farmer

1.No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, whose agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and who do not carry out on those areas the minimum activity defined by [F342the relevant authority] in accordance with point (b) of Article 4(2).

F3432.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3433.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3433a.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3434.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.In order to guarantee the protection of the rights of farmers, the [F344appropriate authority may make regulations] laying down:

(a)criteria for determining the cases where a farmer's agricultural area is to be considered to be mainly an area naturally kept in a state suitable for grazing or cultivation;

F345(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F346(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F347(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3486.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3487.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3488.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E11This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

[F70Article 10U.K.Minimum requirements for receiving direct payments

1.Subject to paragraph 2, the relevant authority shall not grant direct payments to a farmer where the eligible holding for which direct payments are claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 is smaller than the area set in legislation applying to the constituent nation.

2.In the case of farmers receiving the animal-related coupled support referred to in Title IV, the area threshold determined in accordance with paragraph 1 does not apply, but the relevant authority shall not grant direct payments where the total amount of direct payments claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 in a given calendar year is less than [F71EUR 100][F71£100].]

Textual Amendments

Article 11E+S+N.I.Reduction of payments

1.[F72The relevant authority] shall reduce the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III for a given calendar year by at least 5 % for the part of the amount exceeding EUR 150 000.

2.Before applying paragraph 1, [F73the relevant authority] may subtract the salaries linked to an agricultural activity actually paid and declared by the farmer in the previous calendar year, including taxes and social contributions related to employment, from the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III in a given calendar year. Where no data is available on the salaries actually paid and declared by the farmer in the previous calendar year, the most recent data available shall be used.

3.Where [F74the relevant authority] decides to grant a redistributive payment to farmers pursuant to Chapter 2 of Title III and to use more than 5 % [F75of its share] of the annual national ceiling F76... for that purpose, it may decide not to apply this Article.

Where [F74the relevant authority] decides to grant a redistributive payment to farmers pursuant to Chapter 2 of Title III and the application of the maximum limits set out in Article 41(4) prevents it from using more than 5 % [F75of its share] of the annual national ceiling F76... for that purpose, [F77the relevant authority] may decide not to apply this Article.

4.No advantage by means of avoiding reductions of the payment shall be granted in favour of farmers in respect of whom it is established that they artificially created, after 18 October 2011, the conditions to avoid the effects of this Article.

F785.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F786.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 11WReduction of payments

1.[F349The relevant authority] shall reduce the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III for a given calendar year by at least 5 % for the part of the amount exceeding [F350£150,000].

2.Before applying paragraph 1, [F351the relevant authority] may subtract the salaries linked to an agricultural activity actually paid and declared by the farmer in the previous calendar year, including taxes and social contributions related to employment, from the amount of direct payments to be granted to a farmer pursuant to Chapter 1 of Title III in a given calendar year. Where no data is available on the salaries actually paid and declared by the farmer in the previous calendar year, the most recent data available shall be used.

3.Where [F352the relevant authority] decides to grant a redistributive payment to farmers pursuant to Chapter 2 of Title III and to use more than 5 % F353... of the [F354total] ceiling F355... for that purpose, it may decide not to apply this Article.

Where [F352the relevant authority] decides to grant a redistributive payment to farmers pursuant to Chapter 2 of Title III and the application of the maximum limits set out in Article 41(4) prevents it from using more than 5 % F353... of the [F354total] ceiling F355... for that purpose, [F356the relevant authority] may decide not to apply this Article.

4.No advantage by means of avoiding reductions of the payment shall be granted in favour of farmers in respect of whom it is established that they artificially created, after 18 October 2011, the conditions to avoid the effects of this Article.

F3575.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3576.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E12This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

Article 12U.K.Multiple claims

The area corresponding to the number of eligible hectares in respect of which an application for a basic payment has been submitted by a farmer pursuant to Chapter 1 of Title III may be the subject of an application for any other direct payment, as well as for any other aid not covered by this Regulation, save as explicitly provided otherwise in this Regulation.

F79Article 13U.K.State aid

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Textual Amendments

[F80[F81Article 14U.K.Flexibility between pillars

The relevant authority may make available, as additional support for measures under rural development, up to 15% of its share of the national ceiling for calendar year 2020 provided that such a decision was taken and notified to the Commission by 31 December 2019. The amount made available for rural development under this paragraph shall no longer be available for granting direct payments.]]

Textual Amendments

F82Article 15U.K.Review

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Textual Amendments

CHAPTER 2U.K.Provisions applying to Bulgaria, Croatia and Romania

Article 16U.K.Gradual introduction of direct payments in Bulgaria and Romania

For Bulgaria and Romania, the ceilings fixed in accordance with Articles 42, 47, 49, 51, 53 and 65 shall, for 2015, be established on the basis of the amount set out in point A of Annex V.

F83Article 17U.K.Gradual introduction of direct payments in Croatia

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Textual Amendments

Article 18U.K.Complementary national direct payments and direct payments in Bulgaria and Romania

1.In 2015, Bulgaria and Romania may use national direct payments in order to complement payments granted under the basic payment scheme referred to in Sections 1, 2 and 3 of Chapter 1 of Title III. The total amount of those payments shall not exceed the relevant amount set out in point B of Annex V.

2.In 2015, Bulgaria may use national direct payments in order to complement payments granted under the crop-specific payment for cotton referred to in Chapter 2 of Title IV. The total amount of those payments shall not exceed the amount set out in point C of Annex V.

3.Complementary national direct payments shall be granted in accordance with objective criteria and in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition.

F84Article 19U.K.Complementary national direct payments for Croatia

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Textual Amendments

F85Article 20U.K.Special national de-mining reserve for Croatia

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Textual Amendments

TITLE IIIU.K.BASIC PAYMENT SCHEME, SINGLE AREA PAYMENT SCHEME AND RELATED PAYMENTS

CHAPTER 1U.K.Basic payment scheme and single area payment scheme

Section 1U.K.Setting up of the basic payment scheme

[F86Article 21U.K.Payment entitlements

Support under the basic payment scheme shall be available to farmers who:

(a)obtain payment entitlements under this Regulation through first allocation pursuant to Article 24 as it had effect immediately before exit day, through allocation from the national reserve or regional reserves pursuant to Article 30 or through transfer pursuant to Article 34, or

(b)comply with Article 9 and hold unexpired owned or leased-in payment entitlements established under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009.]

Textual Amendments

[F87Article 22E+S+N.I.Basic payment scheme ceiling

1.The basic payment scheme ceiling for any given year is calculated by deducting from the annual national ceiling set out in Annex II all the ceilings calculated in respect of that year in accordance with Articles 42, 47, 51 and 53.

2.The relevant authority’s share of the basic payment ceiling is the amount which remains for the basic payment scheme in the constituent nation after deducting from the relevant authority’s share of the national ceiling the ceilings set under Articles 42, 47 and 51 and the amount allocated in the constituent nation under Article 53. The relevant authority may increase the amount which represents its share of the basic payment scheme ceiling. That increase may not exceed 3% of the amount which represents its share of the annual national ceiling after deduction of the amount resulting from the application of Article 47(1) for the relevant year.

3.The relevant authority may review the decision under paragraph 2 on an annual basis.

4.The total value of all payment entitlements and the national reserve or regional reserves in the constituent nation must equal its share of the basic payment scheme ceiling. The total value of payment entitlements and national reserves and regional reserves in the United Kingdom must equal the basic payment scheme ceiling calculated in accordance with paragraph 1.]

[F885.If the ceiling [F89calculated] pursuant to paragraph 1 of this Article is different from that of the previous year as a result of any decision taken by [F90the relevant authority] in accordance with paragraph 3 of this Article, [F91Article 7A,][F92Article 14], Article 42(1), F93... the second subparagraph of Article 51(1), or Article 53, [F90the relevant authority] shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 4 of this Article.]

Extent Information

E4This version of this provision extends to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

[F358Article 22WBasic payment scheme ceiling

F3591.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3602.The basic payment scheme ceiling in Wales for any given year is the amount which remains for the basic payment scheme after deducting, from the total ceiling, the ceilings set in accordance with Articles 42 and 51 for that year, and the amount allocated under Article 53.]

F3613.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3624.The total value of all claimed payment entitlements in the constituent nation must equal the basic payment scheme ceiling in Wales.]]

[F3635.If the ceiling calculated pursuant to paragraph 2 of this Article is different from the relevant authority’s share of the basic payment scheme ceiling in claim year 2020 as a result of any decision taken by the relevant authority, or the total value of all claimed payment entitlements (including those allocated and claimed from the national reserve or regional reserve) is different from the total value of claimed payment entitlements in claim year 2020, the relevant authority shall linearly reduce or increase the value of all claimed payment entitlements in order to ensure compliance with paragraph 4 of this Article.]

Extent Information

E13This version of this provision extends to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

Article 23U.K.Regional allocation of the national ceilings

1.[F94The relevant authority may apply the basic payment scheme at regional level, provided that it took a decision to do so by 1 August 2014.] In such cases, [F95the relevant authority] shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic and socio-economic characteristics, their regional agricultural potential, or their institutional or administrative structure.

F96...

2.[F97The relevant authority] shall divide [F98its share of] the annual national ceiling for the basic payment scheme referred to in Article 22(1) between the regions in accordance with objective and non-discriminatory criteria.

F99...

3.[F100The relevant authority] may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as agricultural potential or environmental criteria.

4.To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, [F101the relevant authority] shall make a linear reduction or increase in the value of the payment entitlements in each of the relevant regions.

5.[F102The relevant authority] may decide to cease the application of the basic payment scheme at regional level from a date to be set by [F103the relevant authority].

F1046.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 24U.K.First allocation of payment entitlements

1.Payment entitlements shall be allocated to farmers who are entitled to be granted direct payments in accordance with Article 9 of this Regulation provided that:

(a)they apply for allocation of payment entitlements under the basic payment scheme by the final date for submission of applications in 2015 to be set in accordance with point (b) of the first subparagraph of Article 78 of Regulation (EU) No 1306/2013, except in case of force majeure or exceptional circumstances; and

(b)they were entitled to receive payments, before any reduction or exclusion provided for in Chapter 4 of Title II of Regulation (EC) No 73/2009, in respect of an aid application for direct payments, for transitional national aid or for complementary national direct payments in accordance with Regulation (EC) No 73/2009 for 2013.

The first subparagraph shall not apply in Member States applying Article 21(3) of this Regulation.

Member States may allocate payment entitlements to farmers who are entitled to be granted direct payments in accordance with Article 9 of this Regulation, who fulfil the condition provided for in point (a) of the first subparagraph and who:

(a)did not receive payments for 2013 in respect of an aid application as referred to in the first subparagraph of this paragraph and who, on the date fixed by the Member State concerned in accordance with Article 11(2) of Commission Regulation (EC) No 1122/2009(1) for the claim year 2013:

(i)

in Member States applying the single payment scheme:

  • were producing fruits, vegetables, ware potatoes, seed potatoes or ornamental plants, and did so on a minimum area expressed in hectares if the Member State concerned decides to adopt such a requirement, or

  • were cultivating vineyards; or

(ii)

in Member States applying the single area payment scheme, had only agricultural land that was not in good agricultural condition on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009;

(b)in 2014, are allocated payment entitlements from the national reserve under the single payment scheme pursuant to Article 41 or 57 of Regulation (EC) No 73/2009; or

(c)never held owned or leased-in payment entitlements established under Regulation (EC) No 73/2009 or Regulation (EC) No 1782/2003 and who submit verifiable evidence that, on the date fixed by the Member State in accordance with Article 11(2) of Regulation (EC) No 1122/2009 for the claim year 2013, they produced, reared or grew agricultural products, including through harvesting, milking, breeding animals and keeping animals for farming purposes. Member States may establish their own additional objective and non-discriminatory eligibility criteria for this category of farmers as regards appropriate skills, experience or education.

2.Except in the case of force majeure or exceptional circumstances, the number of payment entitlements allocated per farmer in 2015 shall be equal to the number of eligible hectares, which the farmer declares in his aid application in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 for 2015 and which are at his disposal on a date fixed by the Member State. That date shall be no later than the date fixed in that Member State for amending such an aid application.

3.Member States may apply one or more of the limitations, as set out in paragraphs 4 to 7, on the number of payment entitlements to be allocated under paragraph 2.

4.Member States may decide that the number of payment entitlements to be allocated shall be equal to either the number of eligible hectares which the farmer declared in accordance with Article 34(2) of Regulation (EC) No 73/2009 in 2013, or the number of eligible hectares referred to in paragraph 2 of this Article, whichever is the lowest. For Croatia, the use of this option shall be without prejudice to the allocation of payment entitlements for de–mined hectares in accordance with Article 20(4) of this Regulation.

5.Where the total number of eligible hectares referred to in paragraph 2 of this Article declared in a Member State would result in an increase of more than 35 % of the total number of eligible hectares declared in accordance with Article 35 of Regulation (EC) No 73/2009 in 2009, or in the case of Croatia in 2013, Member States may limit the number of payment entitlements to be allocated in 2015 to a minimum of either 135 % or 145 % of the total number of eligible hectares declared in 2009, or, in the case of Croatia, of the total number of eligible hectares declared in 2013, in accordance with Article 35 of Regulation (EC) No 73/2009.

When using this option, Member States shall allocate a reduced number of payment entitlements to farmers. That number shall be calculated by applying a proportional reduction to the additional number of eligible hectares declared by each farmer in 2015 compared to the number of eligible hectares within the meaning of Article 34(2) of Regulation (EC) No 73/2009 that that farmer declared in his aid application in 2011 or, in the case of Croatia, in 2013, without prejudice to the de-mined hectares for which payment entitlements are to be allocated in accordance with Article 20(4) of this Regulation.

6.Member States may decide to apply, for the purposes of establishing the number of payment entitlements to be allocated to a farmer, a reduction coefficient to those eligible hectares referred to in paragraph 2 which consist of permanent grassland located in areas with difficult climate conditions, especially due to their altitude and other natural constraints such as poor soil quality, steepness and water supply.

7.Member States may decide that the number of payment entitlements to be allocated to a farmer shall be equal to the number of eligible hectares referred to in paragraph 2 of this Article which were not hectares of vineyards on the date fixed by the Member State in accordance with Article 11(2) of Regulation (EC) No 1122/2009 for the claim year 2013 or hectares of arable land under permanent greenhouses.

8.In the case of the sale or lease of their holding or part of it, natural or legal persons complying with paragraph 1 of this Article may, by contract signed before the final date for submitting applications in 2015 to be set in accordance with point (b) of the first subparagraph of Article 78 of Regulation (EU) No 1306/2013, transfer the right to receive payment entitlements in accordance with paragraph 1 of this Article to one or more farmers provided that the latter comply with the conditions laid down in Article 9 of this Regulation.

9.A Member State may decide to fix a minimum size per holding, expressed in eligible hectares, in respect of which the farmer may apply for an allocation of payment entitlements. That minimum size shall not exceed the threshold set out in point (b) of Article 10(1) in conjunction with paragraph 2 of that Article.

10.Member States shall, where relevant, notify the Commission of the decisions referred to in this Article by 1 August 2014.

11.The Commission shall adopt implementing acts laying down rules on applications for the allocation of payment entitlements submitted in the year of allocation of payment entitlements where those payment entitlements may not yet be definitively established and where that allocation is affected by specific circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 71(2).

Article 25E+S+N.I.Value of payment entitlements and convergence

[F1051.Subject to paragraphs 2 and 3, for the purposes of this Article the unit value of payment entitlements is calculated by dividing a fixed percentage of the relevant authority’s share of the national ceiling for each relevant year by the number of payment entitlements in 2015 in the constituent nation or, where applicable, at regional level, excluding those allocated from the national reserve or regional reserves in 2015.

The fixed percentage referred to in the first subparagraph is calculated by dividing the relevant authority’s share of the basic payment scheme ceiling or, where applicable, the regional ceiling for the basic payment scheme set in accordance with Article 23(2), as it had effect immediately before exit day for 2015, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30 by the relevant authority’s share of the national ceiling for 2015.

2.The value of payment entitlements, other than those allocated from the national reserve or regional reserves in 2015, may be differentiated for each relevant year on the basis of their initial unit value calculated in accordance with Article 26 as it had effect immediately before exit day, provided that the decision to differentiate was taken and notified to the Commission by 1 August 2014.

3.All payment entitlements in a constituent nation or, where Article 23 is applied, in a region shall have a uniform unit value unless the relevant authority has applied the derogation in paragraph 4 of this Article, as it had effect immediately before exit day. Where a relevant authority has applied this derogation, the unit value will be calculated in accordance with paragraphs 4 to 7 of this Article as it had effect immediately before exit day.]

8.When applying paragraph 2 of this Article, the transition from the initial unit value of payment entitlements as calculated in accordance with Article 26 [F106as it had effect immediately before exit day] to their final unit value in 2019 as established in accordance with paragraph 3 or paragraphs 4 to 7 of this Article shall be made in equal steps starting from 2015.

In order to ensure compliance with the fixed percentage referred to in paragraph 1 of this Article for each year, the value of the payment entitlements with an initial unit value that is higher than the national or regional unit value in 2019 shall be adjusted.

F1079.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.In 2015, Member States shall inform farmers of the value of their payment entitlements as calculated in accordance with this Article and Articles 26 and 27 for each year of the period covered by this Regulation.

Extent Information

E5This version of this provision extends to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

F105Art. 25(1)-(3) substituted for Art. 25(1)-(7) (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(4)(a)

Article 25WValue of payment entitlements and convergence

F3641.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3642.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3653.All payment entitlements in a constituent nation or, where Article 23 is applied, in a region shall have a uniform unit value unless the relevant authority has applied the derogation in paragraph 4 of this Article, as it had effect immediately before exit day. Where a relevant authority has applied this derogation, the unit value will be calculated in accordance with paragraphs 4 to 7 of this Article as it had effect immediately before exit day.]

F3668.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3679.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.In 2015, Member States shall inform farmers of the value of their payment entitlements as calculated in accordance with this Article and Articles 26 and 27 for each year of the period covered by this Regulation.

Extent Information

E14This version of this provision extends to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F365Art. 25(1)-(3) substituted for Art. 25(1)-(7) (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(4)(a)

F108Article 26U.K.Calculation of the initial unit value

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Textual Amendments

F108Article 27U.K.Inclusion of the special national de-mining reserve

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Textual Amendments

F108Article 28U.K.Windfall profit

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Textual Amendments

Article 29U.K.Notifications concerning the value of payment entitlements and convergence

Member States shall notify the Commission of any decision referred to in Articles 25, 26 and 28 by 1 August 2014.

Section 2U.K.National reserve and regional reserves

Article 30E+S+N.I.Establishment and use of the national reserve or regional reserves

[F1091.The relevant authority shall maintain the national reserve or regional reserves established prior to exit day.]

F1102.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1103.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F111The relevant authority] shall allocate payment entitlements from their national or regional reserves in accordance with objective criteria and in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition.

5.Payment entitlements referred to in paragraph 4 shall only be allocated to farmers entitled to be granted direct payments in accordance with Article 9.

6.[F112The relevant authority] shall use their national or regional reserves to allocate payment entitlements, as a matter of priority, to young farmers and to farmers commencing their agricultural activity.

7.[F113The relevant authority] may use their national or regional reserves to:

(a)allocate payment entitlements to farmers in order to prevent land from being abandoned, including in areas subject to restructuring or development programmes relating to a form of public intervention;

(b)allocate payment entitlements to farmers in order to compensate them for specific disadvantages;

(c)allocate payment entitlements to farmers who were prevented from being allocated payment entitlements under this Chapter as a result of force majeure or exceptional circumstances;

(d)allocate, in cases where they apply Article 21(3) of this Regulation, payment entitlements to farmers whose number of eligible hectares that they declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 and that are at their disposal on a date fixed by the Member State, which shall be no later than the date fixed in that Member State for amending such an aid application, is higher than the number of owned or leased-in payment entitlements established in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 that they hold on the final date for submission of applications to be set in accordance with point (b) of the first subparagraph of Article 78 of Regulation (EU) No 1306/2013;

(e)linearly increase, on a permanent basis, the value of all payment entitlements under the basic payment scheme at national or regional level if the relevant national or regional reserve exceeds 0,5 % of the [F114relevant authority’s share of the basic payment scheme ceiling or, where applicable, the] regional ceiling for the basic payment scheme, provided that sufficient amounts remain available for allocations under paragraph 6, under points (a) and (b) of this paragraph and under paragraph 9 of this Article;

(f)cover the yearly needs for payments to be granted in accordance with Article 51(2) and Article 65(1), (2) and (3) of this Regulation.

For the purpose of this paragraph, [F115the relevant authority] shall decide on the priorities between the different uses referred to herein.

8.When applying paragraph 6 and points [F116(a) and (b)] of paragraph 7, [F117the relevant authority] shall fix the value of payment entitlements allocated to farmers at the national or regional average value of payment entitlements in the year of allocation.

[F118The national or regional average value shall be calculated by dividing the relevant authority’s share of the basic payment scheme ceiling or, where applicable, the regional ceiling for the basic payment scheme set in accordance with Article 23(2), for the year of allocation, excluding the amount of the national reserve or regional reserves, by the number of allocated payment entitlements.]

[F119The relevant authority] shall fix the steps for annual progressive modifications of the value of payment entitlements allocated from the national reserve or regional reserves, taking account of the modifications of the [F120relevant authority’s share of the basic payment ceiling or, where applicable, the regional ceiling for the basic payment scheme set in accordance with] Article 23(2) that result from the variations in the level of the national ceilings set out in Annex II.

9.Where a farmer is entitled to receive payment entitlements or to increase the value of the existing ones by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a [F121relevant authority], the farmer shall receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the [F121relevant authority]. However, that date shall not be later than the latest date for lodging an application under the basic payment scheme following the date of the court ruling or the administrative act, taking into account the application of Articles 32 and 33.

10.When applying paragraph 6, points (a) and (b) of paragraph 7 and paragraph 9, [F122the relevant authority] may either allocate new entitlements or increase the unit value of all of the existing entitlements of a farmer up to the national or regional average value.

11.For the purposes of this Article, the following definitions shall apply:

(a)'young farmers' means farmers fulfilling the conditions laid down in Article 50(2) and, where relevant, the conditions referred to in Article 50(3) and (11);

(b)'farmers commencing their agricultural activity' means natural or legal persons who, in the five years preceding the start of the agricultural activity, did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity. In the case of a legal person, the natural person or persons in control of the legal person must not have had any agricultural activity in their own name and at their own risk or must not have had the control of a legal person exercising an agricultural activity in the five years preceding the start of the agricultural activity by the legal person; [F123this category of farmers must also meet any additional objective and non-discriminatory eligibility criteria established by the relevant authority prior to exit day as regards appropriate skills, experience or education].

Extent Information

E6This version of this provision extends to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 30WEstablishment and use of the national reserve or regional reserves

[F3681.The relevant authority shall maintain the national reserve or regional reserves established prior to exit day.]

F3692.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3693.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F370The relevant authority] shall allocate payment entitlements from their national or regional reserves in accordance with objective criteria and in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition.

5.Payment entitlements referred to in paragraph 4 shall only be allocated to farmers entitled to be granted direct payments in accordance with Article 9.

6.[F371The relevant authority] shall use their national or regional reserves to allocate payment entitlements, as a matter of priority, to young farmers and to farmers commencing their agricultural activity.

7.[F372The relevant authority] may use their national or regional reserves to:

F373(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F373(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)allocate payment entitlements to farmers who were prevented from being allocated payment entitlements under this Chapter as a result of force majeure or exceptional circumstances;

(d)allocate, in cases where they apply Article 21(3) of this Regulation, payment entitlements to farmers whose number of eligible hectares that they declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 and that are at their disposal on a date fixed by the Member State, which shall be no later than the date fixed in that Member State for amending such an aid application, is higher than the number of owned or leased-in payment entitlements established in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 that they hold on the final date for submission of applications to be set in accordance with point (b) of the first subparagraph of Article 78 of Regulation (EU) No 1306/2013;

(e)linearly increase, on a permanent basis, the value of all payment entitlements under the basic payment scheme at national or regional level if the relevant national or regional reserve exceeds 0,5 % of the [F374[F375basic payment scheme ceiling in Wales] or, where applicable, the] regional ceiling for the basic payment scheme, provided that sufficient amounts remain available for allocations under paragraph 6, under points (a) and (b) of this paragraph and under paragraph 9 of this Article;

(f)cover the yearly needs for payments to be granted in accordance with Article 51(2) F376... of this Regulation.

For the purpose of this paragraph, [F377the relevant authority] shall decide on the priorities between the different uses referred to herein.

8.When applying paragraph 6 and points [F378(a) and (b)] of paragraph 7, [F379the relevant authority] shall fix the value of payment entitlements allocated to farmers at the national or regional average value of payment entitlements in the year of allocation.

[F380The national or regional average value shall be calculated by dividing the [F381basic payment scheme ceiling in Wales] or, where applicable, the regional ceiling for the basic payment scheme set in accordance with Article 23(2), for the year of allocation, excluding the amount of the national reserve or regional reserves, by the number of allocated payment entitlements.]

F382...

9.Where a farmer is entitled to receive payment entitlements or to increase the value of the existing ones by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a [F383relevant authority], the farmer shall receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the [F383relevant authority]. However, that date shall not be later than the latest date for lodging an application under the basic payment scheme following the date of the court ruling or the administrative act, taking into account the application of Articles 32 and 33.

10.When applying paragraph 6, points (a) and (b) of paragraph 7 and paragraph 9, [F384the relevant authority] may either allocate new entitlements or increase the unit value of all of the existing entitlements of a farmer up to the national or regional average value.

11.For the purposes of this Article, the following definitions shall apply:

(a)'young farmers' means farmers fulfilling the conditions laid down in Article 50(2) and, where relevant, the conditions referred to in Article 50F385... (11);

(b)'farmers commencing their agricultural activity' means natural or legal persons who, in the five years preceding the start of the agricultural activity, did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity. In the case of a legal person, the natural person or persons in control of the legal person must not have had any agricultural activity in their own name and at their own risk or must not have had the control of a legal person exercising an agricultural activity in the five years preceding the start of the agricultural activity by the legal person; [F386this category of farmers must also meet any additional objective and non-discriminatory eligibility criteria established by the relevant authority prior to exit day as regards appropriate skills, experience or education].

Extent Information

E15This version of this provision extends to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

Article 31U.K.Replenishment of the national reserve or regional reserves

1.The national reserve or regional reserves shall be replenished by amounts resulting from:

(a)payment entitlements not giving right to payments during two consecutive years due to the application of:

(i)

Article 9,

(ii)

Article 10(1), or

(iii)

Article 11(4) of this Regulation;

(b)a number of payment entitlements equivalent to the total number of payment entitlements which have not been activated by farmers in accordance with Article 32 of this Regulation for a period of two consecutive years, except where their activation has been prevented by force majeure or exceptional circumstances; when establishing the owned or leased-in payment entitlements held by a farmer that shall revert to the national reserve or regional reserves, priority shall be given to those entitlements which have the lowest value;

(c)payment entitlements voluntarily returned by farmers;

F124(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)unduly allocated payment entitlements in accordance with Article 63 of Regulation (EU) No 1306/2013;

(f)a linear reduction of the value of payment entitlements under the basic payment scheme at national or regional level where the national reserve or regional reserves are not sufficient to cover the cases referred to in Article 30(9) of this Regulation;

[F16(g)where [F125the relevant authority considers] it necessary, a linear reduction of the value of payment entitlements under the basic payment scheme at national or regional level to cover cases referred to in Article 30(6) of this Regulation. In addition, [F126a relevant authority] already making use of that linear reduction may in the same year also apply a linear reduction of the value of payment entitlements under the basic payment scheme at national or regional level to cover cases referred to in points (a) and (b) of the first subparagraph of Article 30(7) of this Regulation;]

[F127(h)the application of Article 34(4) of this Regulation.]

2.The [F128appropriate authority may make regulations] laying down necessary measures regarding the reversion of non-activated payment entitlements to the national reserve or regional reserves. F129...

Textual Amendments

Section 3U.K.Implementation of the basic payment scheme

Article 32U.K.Activation of payment entitlements

1.Support under the basic payment scheme shall be granted to farmers, by means of declaration in accordance with Article 33(1), upon activation of a payment entitlement per eligible hectare in the [F130constituent nation] where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application [F131of financial discipline,] of reduction of payments in accordance with Article 11 and of linear reductions in accordance with [F132[F133Article 7 and]] Article 51(2) F134... of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013.

2.For the purposes of this Title, 'eligible hectare' means:

(a)any agricultural area of the holdingF135... that is used for an agricultural activity or, where the area is also used for non-agricultural activities, is predominantly used for agricultural activities; or

(b)[F136any area which gave a right to payments in 2008 under the single payment scheme laid down in Title III] of Regulation (EC) No 1782/2003, and which:

(i)

no longer complies with the definition of 'eligible hectare' under point (a) as a result of the implementation of Directive 92/43/EEC, Directive 2000/60/EC and Directive 2009/147/EC;

(ii)

for the duration of the relevant commitment by the individual farmer, is afforested pursuant to Article 31 of Regulation (EC) No 1257/1999 or to Article 43 of Regulation (EC) No 1698/2005 or to Article 22 of Regulation (EU) No 1305/2013 or under a national scheme the conditions of which comply with Article 43(1), (2) and (3) of Regulation (EC) No 1698/2005 or Article 22 of Regulation (EU) No 1305/2013; or

(iii)

for the duration of the relevant commitment of the individual farmer, is set aside pursuant to Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, to Article 39 of Regulation (EC) No 1698/2005 or to Article 28 of Regulation (EU) No 1305/2013.

3.For the purposes of point (a) of paragraph 2:

(a)where an agricultural area of a holding is also used for non-agricultural activities, that area shall be considered to be used predominantly for agricultural activities provided that those agricultural activities can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activities;

(b)[F137the relevant authority] may draw up a list of areas which are predominantly used for non-agricultural activities.

[F138The relevant authority must apply the criteria it has established for the implementation of this paragraph in the constituent nation.]

4.Areas shall be considered to be eligible hectares only if they comply with the definition of eligible hectare throughout the calendar year, except in the case of force majeure or exceptional circumstances.

[F1395.For the purposes of determining 'eligible hectare', [F140the relevant authority] having taken the decision referred to in the second subparagraph of Article 4(2) may apply a reduction coefficient to convert the hectares concerned into 'eligible hectares'.]

6.Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding 0,2 %.

Textual Amendments

Article 33U.K.Declaration of eligible hectares

1.For the purposes of the activation of payment entitlements provided for in Article 32(1), the farmer shall declare the parcels corresponding to the eligible hectares accompanying any payment entitlement. Except in the case of force majeure or exceptional circumstances, the parcels declared shall be at the farmer's disposal on a date fixed by the [F141relevant authority], which shall be no later than the date fixed in that [F142constituent nation] for amending the aid application as referred to in Article 72(1) of Regulation (EU) No 1306/2013.

2.[F143The relevant authority] may, in duly justified circumstances, authorise the farmer to modify his declaration provided that he maintains at least the number of hectares corresponding to his payment entitlements and respects the conditions for granting the payment under the basic payment scheme for the area concerned.

Textual Amendments

Article 34U.K.Transfer of payment entitlements

1.Payment entitlements may be transferred only to a farmer entitled to be granted direct payments in accordance with Article 9 established in the same [F144constituent nation], except in the case of transfer by actual or anticipated inheritance.

Payment entitlements, including in the case of actual or anticipated inheritance, may be activated only in the [F144constituent nation] where they were allocated.

2.Where [F145the relevant authority exercises] the option in Article 23(1), payment entitlements may be transferred or activated only within the same region, except in the case of actual or anticipated inheritance.

Payment entitlements, including in the case of actual or anticipated inheritance, may be activated only in the region where they were allocated.

3.[F146A relevant authority] not exercising the option in Article 23(1) may decide that payment entitlements may be transferred or activated only within the same region, except in the case of actual or anticipated inheritance.

Such regions shall be defined at the appropriate territorial level in accordance with objective criteria and in a way that ensures the equal treatment of farmers and avoids distortions of the market and of competition.

[F1474.Where payment entitlements are transferred without land, [F148the relevant authority] may, acting in compliance with [F149retained EU law relating to the common agricultural policy and the objectives of the common agricultural policy set out in Article 39 of the Treaty on the Functioning of the European Union], decide that a part of the payment entitlements transferred are to revert to the national reserve or regional reserves or that their unit value is to be reduced in favour of the national reserve or regional reserves. Such reduction may be applied to one or more types of transfer.]

5.The [F150appropriate authority may make regulations] laying down detailed rules governing the notification by farmers of transfer of payment entitlements to the [F151relevant authority] and the deadlines within which such notification is to take place. F152...

Textual Amendments

Article 35U.K.Delegated powers

1.In order to ensure legal certainty and to clarify the specific situations that may arise in the application of the basic payment scheme, the [F153appropriate authority may make regulations] concerning:

(a)rules on eligibility and access in respect of the basic payment scheme of farmers in the case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination, transfer of payment entitlements, [F154and] merger or scission of the holdingF155... ;

(b)rules on the calculation of the value and number or on the increase or reduction in the value of payment entitlements in relation to the allocation of payment entitlements under any provision of this Title, including rules:

(i)

on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer,

(ii)

on the conditions for establishing the provisional and definitive value and number of the payment entitlements,

(iii)

on the cases where a sale or lease contract may affect the allocation of payment entitlements;

(c)rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve or regional reserves;

(d)rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and in the case of transfer of payment entitlements referred to in Article 34(4);

F156(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)criteria for the allocation of payment entitlements pursuant to Article 30(6) [F157and (7)];

[F158(h)criteria for setting the reduction coefficient referred to in Article 32(5).]

2.In order to ensure the proper management of payment entitlements, the [F159appropriate authority may make regulations] laying down rules on the content of the declaration and the requirements for the activation of payment entitlements.

3.In order to preserve public health, the [F160appropriate authority may make regulations] laying down rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content referred to in Article 32(6).

Textual Amendments

Section 4U.K.Single area payment scheme

F161Article 36U.K.Single area payment scheme

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161Article 37U.K.Transitional national aid

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 5U.K.Implementation of the basic payment scheme in the member states having applied the single area payment scheme

F161Article 38U.K.Introduction of the basic payment scheme in the Member States having applied the single area payment scheme

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161Article 39U.K.First allocation of payment entitlements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161Article 40U.K.Value of payment entitlements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 2U.K.Redistributive payment

Article 41E+S+N.I.General rules

[F1621.The relevant authority may grant an annual payment to farmers who are entitled to a payment under the basic payment scheme referred to in Sections 1, 2, 3 and 5 of Chapter 1 (“the redistributive payment”), provided that such a decision was taken and notified to the Commission by 1 August 2019.

2.If the relevant authority applies the basic payment scheme at regional level in accordance with Article 23, it may apply the redistributive payment at regional level.]

3.Without prejudice to the application of financial discipline, of reduction of payments in accordance with Article 11, of linear reductions as referred in Article 7 of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013, the redistributive payment shall be granted annually upon activation of payment entitlements by the farmerF163....

4.The redistributive payment shall be calculated each year by [F164the relevant authority] by multiplying a figure to be set by the [F165relevant authority], which shall not be higher than 65 % of the F166... average payment per hectare [F167made by the relevant authority (at regional level where applicable)], by the number of payment entitlements activated by the farmer in accordance with Article 33(1) F168.... The number of such payment entitlements or hectares shall not exceed a maximum to be set by [F164the relevant authority] which shall not be higher than 30 hectares [F169, or 54 hectares if the] average size exceeds 30 hectares in the [F170constituent nation] concerned.

F1715.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.The national average payment per hectare referred to in paragraph 4 of this Article shall be established by the [F172relevant authority] on the basis [F173of its share] of the national ceiling F174... for calendar year 2019 and the number of eligible hectares declared in accordance with Article 33(1) F175... in 2015.

F176...

7.[F177The relevant authority] shall ensure that no advantage provided for under this Chapter is granted to farmers in respect of whom it is established that, after 18 October 2011, they divided their holding with the sole purpose of benefiting from the redistributive payment. This shall also apply to farmers whose holdings result from that division.

F1788.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E7This version of this provision extends to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 41WGeneral rules

[F3871.The relevant authority may grant an annual payment to farmers who are entitled to a payment under the basic payment scheme referred to in Sections 1, 2, 3 and 5 of Chapter 1 (“the redistributive payment”)F388....

2.If the relevant authority applies the basic payment scheme at regional level in accordance with Article 23, it may apply the redistributive payment at regional level.]

3.Without prejudice to the application F389... of reduction of payments in accordance with Article 11F390... of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013, the redistributive payment shall be granted annually upon activation of payment entitlements by the farmerF391....

4.The redistributive payment shall be calculated each year by [F392the relevant authority] by multiplying a figure to be set by the [F393relevant authority], which shall not be higher than 65 % of the F394... average payment per hectare [F395made by the relevant authority (at regional level where applicable)], by the number of payment entitlements activated by the farmer in accordance with Article 33(1) F396.... [F397The number of such payment entitlements or hectares shall not exceed a maximum level to be set by the relevant authority which shall not be higher than 54 hectares.]

F3985.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.The national average payment per hectare referred to in paragraph 4 of this Article shall be established by the [F399relevant authority] on the basis [F400of its share] of the national ceiling F401... for calendar year 2019 and the number of eligible hectares declared in accordance with Article 33(1) F402... in 2015.

F403...

7.[F404The relevant authority] shall ensure that no advantage provided for under this Chapter is granted to farmers in respect of whom it is established that, after 18 October 2011, they divided their holding with the sole purpose of benefiting from the redistributive payment. This shall also apply to farmers whose holdings result from that division.

F4058.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E16This version of this provision extends to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

[F179Article 42U.K.Financial provisions

In order to finance the redistributive payment, the relevant authority may decide[F180, by the date referred to in Article 41(1)] to use up to 30% of [F181its share of the annual national][F181the total] ceiling.]

Textual Amendments

[F182CHAPTER 3U.K.Payment for agricultural practices beneficial for the climate and the environment

Article 43U.K.General rules

1.Farmers entitled to a payment under the basic payment scheme or the single area payment scheme shall observe, on all their eligible hectares within the meaning of Article 32(2) to (5), the agricultural practices beneficial for the climate and the environment referred to in paragraph 2 of this Article or the equivalent practices referred to in paragraph 3 of this Article.

2.The agricultural practices beneficial for the climate and the environment shall be the following:

(a)crop diversification;

(b)maintaining existing permanent grassland; and

(c)having ecological focus area on the agricultural area.

3.The equivalent practices shall be those which include similar practices that yield an equivalent or higher level of benefit for the climate and the environment compared to one or several of the practices referred to in paragraph 2. Those equivalent practices and the practice or practices referred to in paragraph 2 to which they are equivalent are listed in Annex IX and shall be covered by any of the following:

(a)commitments undertaken in accordance with either Article 39(2) of Regulation (EC) No 1698/2005 or Article 28(2) of Regulation (EU) No 1305/2013;

(b)national or regional environmental certification schemes, including those for the certification of compliance with national environmental legislation, going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, which aim to meet objectives relating to soil and water quality, biodiversity, landscape preservation, and climate change mitigation and adaptation. Those certification schemes may include the practices listed in Annex IX to this Regulation, the practices referred to in paragraph 2 of this Article, or a combination of those practices.

4.The equivalent practices referred to in paragraph 3 shall not be the subject of double funding.

5.[F183Nothing in this Regulation prevents the relevant authority from deciding], including, where appropriate, at regional level, to restrict the choice of the farmers to use the options referred to in points (a) and (b) of paragraph 3.

6.[F184Nothing in this Regulation prevents the relevant authority from deciding], including, where appropriate, at regional level, that farmers shall carry out all of their relevant obligations under paragraph 1 in accordance with national or regional environmental certification schemes referred to in point (b) of paragraph 3.

7.Subject to the decisions of [F185the relevant authority] referred to in paragraphs 5 and 6, a farmer may observe one or more of the practices referred to in point (a) of paragraph 3 only if these fully replace the related practice or practices referred to in paragraph 2. A farmer may use certification schemes referred to in point (b) of paragraph 3 only if these cover the entire obligation referred to in paragraph 1.

F1868.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.Without prejudice to paragraphs 10 and 11 of this Article, to the application F187... of linear reductions in accordance with Article 7 of this Regulation and to the application of Article 63 of Regulation (EU) No 1306/2013, [F188the relevant authority] shall grant the payment referred to in this Chapter to farmers who observe the practices referred to in paragraph 1 of this Article that are relevant for them, and to the extent that those farmers comply with Articles 44, 45 and 46 of this Regulation.

This payment shall take the form of an annual payment per eligible hectare declared in accordance with Article 33(1) F189..., the amount of which shall be calculated annually by dividing the amount resulting from the application of Article 47 by the total number of eligible hectares declared in accordance with Article 33(1) F189... in the [F190constituent nation] or the region concerned.

By way of derogation from the second subparagraph, [F191and provided that the decision to derogate was taken and notified to the Commission prior to 15 December 2014, the relevant authority] may decide to grant the payment referred to in this paragraph as a percentage of the total value of the payment entitlements that the farmer has activated in accordance with Article 33(1) for each relevant year.

For each year and each [F190constituent nation] or region, that percentage shall be calculated by dividing the amount resulting from the application of Article 47 by the total value of all payment entitlements activated in accordance with Article 33(1) in that [F190constituent nation] or region.

10.Farmers whose holdings are fully or partly situated in areas covered by Directives 92/43/EEC, 2000/60/EC, or 2009/147/EC shall be entitled to the payment referred to in this Chapter provided that they observe the practices referred to in this Chapter to the extent that those practices are compatible in the holding concerned with the objectives of those Directives.

11.Farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter.

The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007.

12.The [F192appropriate authority may make regulations]:

(a)adding equivalent practices to the list set out in Annex IX;

(b)establishing appropriate requirements applicable to the national or regional certification schemes referred to in point (b) of paragraph 3 of this Article, including the level of assurance to be provided by those schemes;

(c)establishing detailed rules for the calculation of the amount referred to in Article 28(6) of Regulation (EU) No 1305/2013 for the practices referred to in points 3 and 4 of Section I and point 7 of Section III of Annex IX to this Regulation, and any further equivalent practices added to that Annex pursuant to point (a) of this paragraph for which a specific calculation is needed in order to avoid double funding.

F19313.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

Article 44U.K.Crop diversification

1.Where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least two different crops on that arable land. The main crop shall not cover more than 75 % of that arable land.

Where the arable land of the farmer covers more than 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least three different crops on that arable land. The main crop shall not cover more than 75 % of that arable land and the two main crops together shall not cover more than 95 % of that arable land.

[F162.Without prejudice to the number of crops required pursuant to paragraph 1, the maximum thresholds set out therein shall not apply to holdings where grasses or other herbaceous forage or land lying fallow or cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle cover more than 75 % of the arable land. In such cases, the main crop on the remaining arable area shall not cover more than 75 % of that remaining arable land, except where this remaining area is covered by grasses or other herbaceous forage or land lying fallow.]

3.Paragraphs 1 and 2 shall not apply to holdings:

[F16(a)where more than 75 % of the arable land is used for the production of grasses or other herbaceous forage, is used for cultivation of leguminous crops, is land lying fallow or is subject to a combination of those uses;

(b)where more than 75 % of the eligible agricultural area is permanent grassland, is used for the production of grasses or other herbaceous forage or for the cultivation of crops under water for a significant part of the year or for a significant part of the crop cycle, or is subject to a combination of those uses;]

(c)where more than 50 % of the areas of arable land declared were not declared by the farmer in his aid application of the previous year and, where based on a comparison of the geo-spatial aid applications, all arable land is being cultivated with a different crop compared to that of the previous calendar year;

F194(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.For the purposes of this Article, a "crop" means any of the following:

(a)a culture of any of the different genera defined in the botanical classification of crops;

(b)a culture of any of the species in the case of Brassicaceae, Solanaceae, and Cucurbitaceae;

(c)land lying fallow;

(d)grasses or other herbaceous forage.

[F16Winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus. Triticum spelta shall be considered to be a distinct crop from crops belonging to the same genus.]

5.The [F195appropriate authority may make regulations]:

(a)recognising other types of genera and species than those referred to in paragraph 4 of this Article; and

(b)laying down the rules concerning the application of the precise calculation of shares of different crops.

Textual Amendments

Modifications etc. (not altering text)

Article 45U.K.Permanent grassland

[F1961.Farmers shall not convert or plough permanent grassland situated in areas which, prior to exit day, have been designated by the relevant authority as permanent grasslands which are environmentally sensitive.]

2.[F197The relevant authority] shall ensure that the ratio of areas of permanent grassland to the total agricultural area declared by the farmers in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 does not decrease by more than 5 % compared to [F198the reference ratio] established by [F199the relevant authority] in 2015 by dividing areas of permanent grassland referred to in point (a) of the second subparagraph of this paragraph by the total agricultural area referred to in point (b) of that subparagraph.

For the purposes of establishing the reference ratio referred to in the first subparagraph:

(a)"areas of permanent grassland" means the land under permanent pasture declared in 2012, F200... in accordance with Regulation (EC) No 73/2009 by the farmers subject to the obligations under this Chapter, as well as the areas of permanent grassland declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 by the farmers subject to the obligations under this Chapter that have not been declared as land under permanent pasture in 2012 F201...;

(b)"total agricultural area" means the agricultural area declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 by farmers subject to the obligations under this Chapter.

The reference ratio of permanent grassland shall be recalculated in cases where farmers subject to the obligations under this Chapter have an obligation to reconvert an area into permanent grassland in 2015 or in 2016 in accordance with Article 93 of Regulation (EU) No 1306/2013. In such cases, these areas shall be added to the areas of permanent grassland referred to in point (a) of the second subparagraph of this paragraph.

The ratio of permanent grassland shall be established each year on the basis of the areas declared by the farmers subject to the obligations under this Chapter for that year in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013.

[F202The obligation under this paragraph shall apply across the constituent nation.]

F203...

3.Where it is established that the ratio referred to in paragraph 2 has decreased by more than 5 % [F204in the constituent nation, the relevant authority] shall impose obligations at holding level to reconvert land into permanent grassland for those farmers who have land at their disposal which was converted from land under permanent pasture or from permanent grassland into land for other uses during a period in the past.

However, where the amount of areas of permanent grassland in absolute terms established in accordance with point (a) of the second subparagraph of paragraph 2 is maintained within certain limits, the obligation set out in the first subparagraph of paragraph 2 shall be considered to have been complied with.

4.Paragraph 3 shall not apply where the decrease below the threshold is the result of afforestation that is compatible with the environment and does not include plantations of short rotation coppice, Christmas trees or fast growing trees for energy production.

5.In order to ensure that the ratio of permanent grassland is maintained, the [F205appropriate authority may make regulations] laying down detailed rules on maintenance of permanent grassland, including rules on reconversion in the case of non-respect of the obligation in paragraph 1 of this Article, F206... and any adjustment of the reference ratio referred to in paragraph 2 that may become necessary.

6.The [F207appropriate authority may make regulations]:

(a)laying down the framework for the designation of further sensitive areas referred to in the second subparagraph of paragraph 1 of this Article;

(b)establishing detailed methods for the determination of the ratio of permanent grassland and of the total agricultural area that has to be maintained pursuant to paragraph 2 of this Article;

(c)defining the period in the past referred to in the first subparagraph of paragraph 3 of this Article.

7.The [F208appropriate authority may make regulations] fixing the limits referred to in the second subparagraph of paragraph 3 of this Article. F209...

Textual Amendments

Article 46U.K.Ecological focus area

[F161.Where the arable land of a holding covers more than 15 hectares, the farmer shall ensure that, from 1 January 2015, an area corresponding to at least 5 % of the arable land of the holding that the farmer declared in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 and, if they are considered to be ecological focus area by the [F210relevant authority] in accordance with paragraph 2 of this Article, including the areas mentioned in points (c), (d), (g), (h), (k) and (l) of that paragraph is ecological focus area.]

The percentage referred to in the first subparagraph of this paragraph shall be increased from 5 % to 7 % subject to a legislative act of the European Parliament and of the Council in accordance with Article 43(2) TFEU.

By 31 March 2017, the Commission shall present an evaluation report on the implementation of the first subparagraph of this paragraph accompanied, where appropriate, by a proposal for a legislative act as referred to in the second subparagraph.

2.[F211An ecological focus area may include one or more of the following:]

(a)land lying fallow;

(b)terraces;

(c)landscape features, including such features adjacent to the arable land of the holding which, by way of derogation from Article 43(1) of this Regulation, may include landscape features that are not included in the eligible area in accordance with point (c) of Article 76(2) of Regulation (EU) No 1306/2013;

(d)buffer strips, including buffer strips covered by permanent grassland, provided that these are distinct from adjacent eligible agricultural area;

(e)hectares of agro-forestry that receive, or have received, support under Article 44 of Regulation (EC) No 1698/2005 and/or Article 23 of Regulation (EU) No 1305/2013;

(f)strips of eligible hectares along forest edges;

(g)areas with short rotation coppice with no use of mineral fertiliser and/or plant protection products;

(h)afforested areas referred to in point (b)(ii) of Article 32(2) of this Regulation;

(i)areas with catch crops, or green cover established by the planting and germination of seeds, subject to the application of weighting factors referred to in paragraph 3 of this Article;

(j)areas with nitrogen-fixing crops[F16;]

[F26(k)areas with Miscanthus ;

(l)areas with Silphium perfoliatum ;

(m)land lying fallow for melliferous plants (pollen and nectar rich species).]

[F16With the exception of the areas of the holding referred to in points (g), (h), (k) and (l) of the first subparagraph of this paragraph, the ecological focus area shall be located on the arable land of the holding. In the case of areas referred to in points (c) and (d) of the first subparagraph of this paragraph, the ecological focus area may also be adjacent to the arable land of the holding the farmer declared in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013.]

3.In order to simplify administration and to take account of the characteristics of the types of ecological focus area listed in the first subparagraph of paragraph 2, as well as to facilitate their measurement, [F212the relevant authority] may, when calculating the total hectares represented by the ecological focus area of the holding, make use of the conversion and/or weighting factors set out in Annex X. If [F213the relevant authority] decides to consider to be ecological focus area the area under point (i) of the first subparagraph of paragraph 2 or any other area that is subject to a weighting of less than 1, the use of the weighting factors set out in Annex X shall be mandatory.

4.Paragraph 1 shall not apply to holdings:

[F16(a)where more than 75 % of the arable land is used for the production of grasses or other herbaceous forage, is land lying fallow, is used for cultivation of leguminous crops, or is subject to a combination of those uses;

(b)where more than 75 % of the eligible agricultural area is permanent grassland, is used for the production of grasses or other herbaceous forage or for the cultivation of crops under water either for a significant part of the year or for a significant part of the crop cycle, or is subject to a combination of those uses.]

5.[F214The relevant authority] may decide to implement up to half of the percentage points of the ecological focus area referred to in paragraph 1 at regional level in order to obtain adjacent ecological focus areas. [F214The relevant authority] shall designate the areas and the obligations of participating farmers or groups of farmers. F215...

6.[F216The relevant authority] may decide to allow farmers whose holdings are in close proximity to fulfil the obligation referred to in paragraph 1 collectively ("collective implementation"), provided that the ecological focus areas concerned are contiguous. F217... [F216The relevant authority] may designate the areas on which collective implementation is possible and may impose further obligations upon farmers or groups of farmers participating in such collective implementation.

Each farmer participating in collective implementation shall ensure that at least 50 % of the area subject to the obligation in paragraph 1 is located on the land of his holding and is in accordance with the second subparagraph of paragraph 2. The number of farmers participating in such collective implementation shall not exceed ten.

F2187.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2188.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.The [F219appropriate authority may make regulations]:

(a)laying down further criteria for the types of areas referred to in paragraph 2 of this Article to qualify as ecological focus area;

(b)adding other types of areas than those referred to in paragraph 2 that can be taken into account for the purpose of respecting the percentage referred to in paragraph 1;

(c)adapting Annex X in order to establish the conversion and weighting factors referred to in paragraph 3 and in order to take into account the criteria and/or types of areas to be defined by the [F220appropriate authority] under points (a) and (b) of this paragraph;

(d)setting rules for the implementation referred to in paragraphs 5 and 6, including the minimum requirements on such implementation;

F221(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F221(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 47U.K.Financial provisions

1.In order to finance the payment referred to in this Chapter, [F222the relevant authority] shall use 30 % [F223of its share] of the annual national ceiling F224....

2.[F225The relevant authority] shall apply the payment referred to in this Chapter at [F226the same level across the constituent nation].

[F227Where the relevant authority has applied Article 23, the relevant authority may apply the payment at regional level, provided that a decision to do so was taken and notified to the Commission by 15 December 2014.] In such cases, they shall use in each region a share of the ceiling set pursuant to paragraph 3 of this Article. For each region, this share shall be calculated by dividing the respective regional ceiling set in accordance with Article 23(2) by [F228its share of] the national ceiling set in accordance with Article 22(1), after applying the linear reduction provided for in paragraph 1 of Article 30 where paragraph 2 of that Article is not applied.

F2293.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Textual Amendments

CHAPTER 4U.K.Payment for areas with natural constraints

F230Article 48U.K.General rules

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Textual Amendments

F231Article 49U.K.Financial provisions

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Textual Amendments

CHAPTER 5U.K.Payment for young farmers

Article 50E+S+N.I.General rules

1.[F232The relevant authority] shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme or the single area payment scheme referred to in Chapter 1 ("payment for young farmers").

2.For the purposes of this Chapter, 'young farmers', means natural persons:

(a)who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application under the basic payment scheme or the single area payment scheme referred to in Article 72(1) of Regulation (EU) No 1306/2013; and

(b)who are no more than 40 years of age in the year of submission of the application referred to in point (a).

[F2333.Young farmers applying for the payment under this Article must also meet any objective and non-discriminatory requirements specified by the relevant authority prior to exit day regarding appropriate skills and/or training requirements.]

4.Without prejudice to the application of financial discipline, of reduction of payments in accordance with Article 11 and of linear reductions in accordance with Article 7 of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013, the payment for young farmers shall be granted annually upon activation of payment entitlements by the farmer F234....

[F165.The payment for young farmers shall be granted per farmer for a period of five years, starting from the first submission of the application for the payment for young farmers provided that that submission takes place within the five years following the setting up referred to in point (a) of paragraph 2. That period of five years shall also apply for farmers who have received payment for young farmers in respect of claims before claim year 2018.

By way of derogation from the second sentence of the first subparagraph, [F235the relevant authority] may decide that, for those young farmers who set up in accordance with point (a) of paragraph 2 in the period 2010-2013, the five-year period is to be reduced by the number of years which have elapsed between the setting up referred to in point (a) of paragraph 2 and the first submission of the application for the payment for young farmers.]

6.Each year, [F236in accordance with the legislation applying in the constituent nation, the relevant authority] shall calculate the amount of the payment for young farmers by multiplying the number of entitlements the farmer has activated in accordance with Article 32(1) by a figure corresponding to:

[F16(a)between 25 % and 50 % of the average value of the owned or leased-in payment entitlements held by the farmer; or

(b)between 25 % and 50 % of an amount calculated by dividing a fixed percentage [F237of the relevant authority’s share] of the national ceiling for the calendar year 2019 F238... by the number of all eligible hectares declared [F239in the constituent nation] in 2015 in accordance with Article 33(1). [F240The fixed percentage shall be equal to the percentage of the relevant authority’s share of the national ceiling which remained for the basic payment scheme in the constituent nation for 2015.]]

F2417.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F168.By way of derogation from [F242paragraph 6] of this Article, [F243where the legislation applying in the constituent nation so provides, the relevant authority shall] calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to a value between 25 % and 50 % of the F244... average payment per hectare [F245in the constituent nation] by the number of entitlements that the farmer has activated in accordance with Article 32(1)F246....]

The F247... average payment per hectare [F248in the constituent nation] shall be calculated by dividing [F249the relevant authority’s share of] the national ceiling for the calendar year 2019 F250... by the number of eligible hectares declared [F251in the constituent nation] in 2015 in accordance with Article 33(1) F252....

9.[F253The] maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer [F254is the single maximum limit set by the relevant authority prior to exit day]. That limit shall not be below 25 or above 90. [F255The relevant authority] shall respect that limit when applying paragraphs [F2566 and 8].

F25710.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25810A.Paragraphs 3, 6 and 9 only apply where the decisions to which they refer were taken and notified to the Commission by 31 January 2015.]

11.In order to guarantee the protection of the rights of beneficiaries and to avoid discrimination among them, the [F259appropriate authority may make regulations] concerning the conditions under which a legal person may be considered to be eligible to receive the payment for young farmers.

Textual Amendments

Article 50WGeneral rules

1.[F406The relevant authority] shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme or the single area payment scheme referred to in Chapter 1 ("payment for young farmers").

2.For the purposes of this Chapter, 'young farmers', means natural persons:

(a)who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application under the basic payment scheme or the single area payment scheme referred to in Article 72(1) of Regulation (EU) No 1306/2013; and

(b)who are no more than 40 years of age in the year of submission of the application referred to in point (a).

F4073.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.Without prejudice to the application F408... of reduction of payments in accordance with Article 11 and of linear reductions in accordance with Article 7 of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013, the payment for young farmers shall be granted annually upon activation of payment entitlements by the farmer F409....

[F4105.The payment for young farmers shall be granted per farmer for a period of five years, starting from the first submission of the application for the payment for young farmers provided that that submission takes place within the five years following the setting up referred to in point (a) of paragraph 2. That period of five years shall also apply for farmers who have received payment for young farmers in respect of claims before claim year 2018.

F411...]

6.Each year, [F412in accordance with the legislation applying in the constituent nation, the relevant authority] shall calculate the amount of the payment for young farmers by multiplying the number of entitlements the farmer has activated in accordance with Article 32(1) by a figure corresponding to:

[F410(a)between 25 % and 50 % of the average value of the owned or leased-in payment entitlements held by the farmer; or

(b)between 25 % and 50 % of an amount calculated by dividing a fixed percentage [F413of the relevant authority’s share] of the national ceiling for the calendar year 2019 F414... by the number of all eligible hectares declared [F415in the constituent nation] in 2015 in accordance with Article 33(1). [F416The fixed percentage shall be equal to the percentage of the relevant authority’s share of the national ceiling which remained for the basic payment scheme in the constituent nation for 2015.]]

F4177.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4188.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.[F419The] maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer [F420is the single maximum limit set by the relevant authority prior to exit day]. That limit shall not be below 25 or above 90. [F421The relevant authority] shall respect that limit when applying paragraphs [F4226 and 8].

F42310.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42410A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11.In order to guarantee the protection of the rights of beneficiaries and to avoid discrimination among them, the [F425appropriate authority may make regulations] concerning the conditions under which a legal person may be considered to be eligible to receive the payment for young farmers.

Textual Amendments

Article 51E+S+N.I.Financial provisions

[F2601.In order to finance the payment for young farmers, the relevant authority shall use a percentage, which shall not be higher than 2% of its share of the annual national ceiling.

Where the relevant authority decided to revise the estimated percentage and this decision was notified to the Commission by 1 August 2019, that revised percentage will have effect for calendar year 2020.]

2.Without prejudice to the maximum of 2 % laid down in paragraph 1 of this Article, where the total amount of the payment for young farmers applied for in a [F261constituent nation in a particular year exceeds the amount calculated in accordance with paragraph 1, and where that amount is lower than 2% of the relevant authority’s share of the national ceiling, the relevant authority] shall finance the difference by applying point (f) of the first subparagraph of Article 30(7) in the relevant year, by applying a linear reduction to all payments to be granted to all farmers in accordance with Article 32 [F262, or by both means]F263... .

3.Where the total amount of the payment for young farmers applied for in a [F264constituent nation] in a particular year exceeds the [F265amount calculated in accordance with paragraph 1, and where that amount is equal to 2% of its share of the annual national ceiling, the relevant authority] shall apply a linear reduction to the amounts to be paid pursuant to Article 50 in order to comply with that ceiling.

F2664.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 51WFinancial provisions

[F4261.In order to finance the payment for young farmers, the relevant authority shall use a percentage, which shall not be higher than 2% of [F427the total] ceiling.

Where the relevant authority decided to revise the estimated percentage and this decision was notified to the Commission by 1 August 2019, that revised percentage will have effect for calendar year 2020.]

2.Without prejudice to the maximum of 2 % laid down in paragraph 1 of this Article, where the total amount of the payment for young farmers applied for in a [F428constituent nation in a particular year exceeds the amount calculated in accordance with paragraph 1, and where that amount is lower than 2% of the [F429total] ceiling, the relevant authority] shall finance the difference by applying point (f) of the first subparagraph of Article 30(7) in the relevant year, by applying a linear reduction to all payments to be granted to all farmers in accordance with Article 32 [F430, or by both means]F431... .

3.Where the total amount of the payment for young farmers applied for in a [F432constituent nation] in a particular year exceeds the [F433amount calculated in accordance with paragraph 1, and where that amount is equal to 2% of [F434the total] ceiling, the relevant authority] shall apply a linear reduction to the amounts to be paid pursuant to Article 50 in order to comply with that ceiling.

F4354.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

TITLE IVU.K.COUPLED SUPPORT

CHAPTER 1U.K.Voluntary coupled support

Article 52U.K.General rules

1.[F267The relevant authority] may grant coupled support to farmers under the conditions laid down in this Chapter (in this Chapter referred to as "coupled support").

2.Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.

3.Coupled support may only be granted to those sectors or to those regions of a [F268constituent nation] where specific types of farming or specific agricultural sectors that are particularly important for economic, social or environmental reasons undergo certain difficulties.

4.By way of derogation from paragraph 3, coupled support may also be granted to farmers who:

(a)on 31 December 2014, have payment entitlements granted in accordance with Section 2 of Chapter 3 of Title III and Article 71m of Regulation (EC) No 1782/2003 and in accordance with Article 60 and the fourth paragraph of Article 65 of Regulation (EC) No 73/2009; and

(b)have at their disposal no eligible hectares for the activation of payment entitlements under the basic payment scheme as referred to in Chapter 1 of Title III of this Regulation.

F2695.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F166.Coupled support is a production-limiting scheme that shall take the form of an annual payment based on fixed areas and yields or on a fixed number of animals and shall respect financial ceilings to be [F270jointly agreed by the relevant authorities for each constituent nation.]]

7.In the case of a legal person, or a group of natural or legal persons, [F271the relevant authority] may apply the limits referred to in paragraph 6 at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

8.Any coupled support granted under this Article shall be consistent with [F272measures provided for in Regulation (EU) No 1305/2013 and Regulation (EU) No 1308/2013 and any other measures specified for the purposes of this paragraph by virtue of paragraph 9].

9.In order to ensure efficient and targeted use of [F273agricultural support] and to avoid double funding under other similar support instruments, the [F274Secretary of State may make regulations] laying down:

(a)the conditions for granting coupled support;

(b)rules on consistency with other [F275measures provided for in Regulation (EU) No 1305/2013 and Regulation (EU) No 1308/2013 and any other measures specified for the purposes of this paragraph by virtue of paragraph 9] and on the cumulation of support.

[F2610.The [F276Secretary of State may make regulations] supplementing this Regulation as regards measures in order to avoid beneficiaries of voluntary coupled support suffering from structural market imbalances in a sector. Those [F277regulations] may allow [F278for support to] continue to be paid until 2020 on the basis of the production units for which voluntary coupled support was granted in a past reference period.]

[F27911.The Secretary of State may not make regulations under paragraph 9 or 10 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.

Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 9 or 10, the Secretary of State must have regard to that request.]

Textual Amendments

Article 53E+S+N.I.Financial provisions

[F2801.Up to 8% of the annual national ceiling set out in Annex II may be used to finance the coupled support.]

F2812.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.The percentages of the annual national ceiling referred to in [F282paragraph 1] may be increased by up to two percentage points [F283if] at least 2 % of [F284the] annual national ceiling set out in Annex II [F285is used] to support the production of protein crops under this Chapter.

F2864.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.By way of derogation from the percentages set out in paragraphs 1 to 4, F287... up to EUR 3 million per year [F288may be used] for financing coupled support.

[F2896.Where a decision has been reviewed and notified to the Commission by 1 August 2019 pursuant to this Chapter, it will have effect in calendar year 2020.]

F2907.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E8This version of this provision extends to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 53WFinancial provisions

[F4361.Up to 10% of the total ceiling may be used to finance the coupled support.]

F4372.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4383.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4394.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.By way of derogation from the [F440percentage set out in paragraph 1], F441... up to [F442£3] million per year [F443may be used] for financing coupled support.

F4446.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4457.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E17This version of this provision extends to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F291Article 54U.K.Notification

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Textual Amendments

F291Article 55U.K.Approval by the Commission

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Textual Amendments

CHAPTER 2U.K.Crop-specific payment for cotton

F291Article 56U.K.Scope

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Textual Amendments

F291Article 57U.K.Eligibility

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Textual Amendments

F291Article 58U.K.Base areas, fixed yields and reference amounts

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Textual Amendments

F291Article 59U.K.Approved interbranch organisations

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Textual Amendments

F291Article 60U.K.Granting of the payment

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Textual Amendments

TITLE VU.K.SMALL FARMERS SCHEME

F291Article 61U.K.General rules

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Textual Amendments

F291Article 62U.K.Participation

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Textual Amendments

F291Article 63U.K.Amount of the payment

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Textual Amendments

F291Article 64U.K.Special conditions

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Textual Amendments

F291Article 65U.K.Financial provisions

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Textual Amendments

TITLE VIU.K.NATIONAL RESTRUCTURING PROGRAMMES FOR THE COTTON SECTOR

F291Article 66U.K.Use of the annual budget for the restructuring programmes

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Textual Amendments

TITLE VIIU.K.FINAL PROVISIONS

CHAPTER 1U.K.Notifications and emergency

F291Article 67U.K.Notification requirements

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Textual Amendments

Article 68U.K.Processing and protection of personal data

1.[F292The relevant authority may collect personal data, in relation to the constituent nation, for the purposes of checking, controlling, monitoring, evaluating and auditing direct payments or for the purpose of complying with requirements laid down in international agreements.] They shall not process this data in a way that is incompatible with those purposes.

2.Where personal data are processed for monitoring and evaluation purposes as referred to in [F293paragraph 1], they shall be made anonymous and processed in aggregated form only.

3.Personal data shall be processed in accordance with [F294Regulation (EU) 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account [F295any statutory minimum retention periods].

4.[F296The relevant authority] shall inform the data subjects that their personal data may be processed by [F297UK bodies and bodies in the constituent nation] in accordance with paragraph 1, and that in this respect they enjoy the rights set out in [F298Regulation (EU) 2016/679 and the Data Protection Act 2018], respectively.

5.This Article shall be subject to Articles 111 to 114 of Regulation (EU) No 1306/2013.

Textual Amendments

Article 69U.K.Measures to resolve specific problems

[F2991.In order to resolve specific problems, the appropriate authority may make regulations which are both necessary and justifiable in an emergency. Those regulations may derogate from provisions of this Regulation, to the extent and for such a period as is strictly necessary.]

F3002.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.Measures adopted under paragraph 1 F301... shall remain in force for a period not exceeding twelve months. F302...

F3034.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER 2U.K.Delegations of powers and implementing provisions

[F304Article 70U.K.Regulations: General

1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4.Regulations under this Regulation may:

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b)make different provision for different purposes.

Textual Amendments

F304Arts. 70-71C substituted for Arts. 70, 71 (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 7(3)

Article 71U.K.Regulations: the Secretary of State

1.Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.A statutory instrument containing regulations made by the Secretary of State under Articles 6(3), 7(3), 43(12), or 52(9) or (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

3.A statutory instrument containing regulations made by the Secretary of State under Article 69(1) must be laid before Parliament after being made.

4.Regulations made by the Secretary of State under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by resolution of each House of Parliament.

5.In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which:

(a)Parliament is dissolved or prorogued, or

(b)either House of Parliament is adjourned for more than 4 days.

6.If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Textual Amendments

F304Arts. 70-71C substituted for Arts. 70, 71 (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 7(3)

Article 71AU.K.Regulations: the Welsh Ministers

1.Except as specified in [F305paragraphs 3] to 6, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

F3062.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.A statutory instrument containing regulations made by the Welsh Ministers under Article 69(1) must be laid before the National Assembly for Wales after being made.

4.Regulations made by the Welsh Ministers under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

5.In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the National Assembly for Wales is:

(a)dissolved, or

(b)in recess for more than 4 days.

6.If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Textual Amendments

F304Arts. 70-71C substituted for Arts. 70, 71 (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 7(3)

Article 71BU.K.Regulations: the Scottish Ministers

1.Except as specified in paragraphs 2 to 6, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

2.Regulations made by the Scottish Ministers under Article 43(12) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

3.Regulations made by the Scottish Ministers under Article 69(1) must be laid before the Scottish Parliament after being made.

4.Regulations made by the Scottish Ministers under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

5.In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Scottish Parliament is:

(a)dissolved, or

(b)in recess for more than 4 days.

6.If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.

Textual Amendments

F304Arts. 70-71C substituted for Arts. 70, 71 (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 7(3)

Article 71CU.K.Regulations: Northern Ireland

1.Except as specified in paragraphs 2 to 6, regulations made by the Department of Agriculture, Environment and Rural Affairs (“the Department”) under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

2.Regulations may not be made by the Department under Article 43(12) unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.

3.Regulations made by the Department under Article 69(1) must be laid before the Northern Ireland Assembly after being made.

4.Regulations made by the Department under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

5.In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a)dissolved,

(b)in recess for more than 4 days, or

(c)adjourned for more than 6 days.

6.If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F304Arts. 70-71C substituted for Arts. 70, 71 (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 7(3)

CHAPTER 3U.K.Transitional and final provisions

Article 72U.K.Repeals

1.Regulation (EC) No 637/2008 is repealed with effect from 1 January 2014.

However, it shall continue to apply until 31 December 2017 in respect of Member States which have exercised the option laid down in the second subparagraph of Article 4(1) of that Regulation.

2.Regulation (EC) No 73/2009 is repealed.

[F307However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January 2015.]

Without prejudice to paragraph 3, references to the repealed Regulation shall be construed as references to this Regulation or Regulation (EU) No 1306/2013 and shall be read in accordance with the correlation table set out in Annex XI to this Regulation.

3.The references made in this Regulation to Regulations (EC) No 73/2009 and (EC) No 1782/2003 shall be understood as being made to those Regulations such as they were in force before their repeal.

Textual Amendments

F308Article 73U.K.Transitional rules

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Textual Amendments

F309Article 74U.K.Entry into force and application

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Textual Amendments

F310...

Textual Amendments