[F1Article 39U.K.Calculation of the amount referred to in Article 28(6) of Regulation (EU) No 1305/2013
1.For farmers deciding to observe the practices referred to in points 3 and 4 of Section I and point 7 of Section III of Annex IX to Regulation (EU) No 1307/2013 and any further equivalent practices added to that Annex for which a specific calculation is needed in order to avoid double funding, as equivalent practices pursuant to Article 43(3)(a) of that Regulation, [F2the relevant authority] shall deduct from the amount of support per hectare calculated pursuant to Article 28(6) of Regulation (EU) No 1305/2013 an amount corresponding to one third of the average greening payment per hectare in the [F3constituent nation] or region concerned for each greening practice that the practice is equivalent with.
The average greening payment per hectare in the [F4constituent nation] or region concerned shall be calculated on the basis of the percentage referred to in Article 47(1) of Regulation (EU) No 1307/2013 of the average of the [F5relevant authority's share of the] national ceilings for the years 2015 to 2019 F6... and the number of eligible hectares declared in accordance with Article 33 F7... of Regulation (EU) No 1307/2013 in 2015. [F8Where the relevant authority has decided] to implement the practices referred to in the first subparagraph of this paragraph already in 2015, [F9the relevant authority] may estimate the number of eligible hectares declared in 2015 on the basis of the declarations made in 2014 pursuant to Article 34(2) of Regulation (EC) No 73/2009.
2.By way of derogation from paragraph 1, [F10the relevant authority] deciding to apply the third subparagraph of Article 43(9) of Regulation (EU) No 1307/2013 may decide to apply the deduction referred to in paragraph 1 of this Article on an individual basis by an amount corresponding to one third of the average greening payment per hectare of the farmer concerned.
The average greening payment for the farmer shall be calculated on the basis of the average of the individual payment calculated in accordance with the third and fourth subparagraphs of Article 43(9) of Regulation (EU) No 1307/2013 for the years 2015 to 2019 and the number of eligible hectares declared by the farmer in accordance with Article 33 of that Regulation in 2015.]
Textual Amendments
F1Ch. 3 omitted (W.) (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 8(8); and Ch. 3 omitted (E.) (1.1.2021 in relation to an application for direct payments made in 2021 or in any subsequent year) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 6(3) (with reg. 1(2)); and Ch. 3 omitted (N.I.) (25.2.2021) by virtue of The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 5(3)
F2Words in Art. 39(1) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(i)(aa)
F3Words in Art. 39(1) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(i)(bb)
F4Words in Art. 39(1) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(ii)(aa)
F5Words in Art. 39(1) inserted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(ii)(bb)
F6Words in Art. 39(1) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(ii)(cc)
F7Words in Art. 39(1) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(ii)(dd)
F8Words in Art. 39(1) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(ii)(ee)
F9Words in Art. 39(1) inserted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(a)(ii)(ff)
F10Words in Art. 39(2) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(2)(b)