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Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005
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Version Superseded: 26/03/2021
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Regulation (EU) No 1305/2013 of the European Parliament and of the Council, Article 28 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.[F1The relevant authority] shall make support under this measure available throughout their territories, in accordance with their national, regional or local specific needs and priorities. This measure shall aim to preserve and promote the necessary changes to agricultural practices that make a positive contribution to the environment and climate. Its inclusion in rural development programmes shall be compulsory at national and/or regional level.
2.Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting of one or more agri-environment-climate commitments on agricultural land to be defined by [F2the relevant authority], including but not limited to the agricultural area defined under Article 2 of this Regulation. Where duly justified to achieve environmental objectives, agri-environment-climate payments may be granted to other land-managers or groups of other land-managers.
3.Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, the relevant criteria and minimum activities as established pursuant to points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013, and relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such mandatory requirements shall be identified in the programme.
4.[F3The relevant authority] shall endeavour to ensure that persons undertaking to carry out operations under this measure are provided with the knowledge and information required to implement such operations. They may do so through, inter alia, commitment-related expert advice and/or by making support under this measure conditional on obtaining relevant training.
5.Commitments under this measure shall be undertaken for a period of [F4five][F4one] to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, [F2the relevant authority] may determine a longer period in their rural development programmes for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period. For new commitments directly following the commitment performed in the initial period, [F2the relevant authority] may determine a shorter period in their rural development programmes.
[F5[F6For new commitments to be undertaken from 2021, [F2the relevant authority] shall determine a shorter period of one to three years in their rural development programmes.
If [F2the relevant authority] provide for an annual extension of commitments after the termination of the initial period in accordance with the first subparagraph, from 2022 the extension shall not go beyond one year.
By way of derogation from the second subparagraph, for new commitments to be undertaken in 2021 and 2022, [F2the relevant authority] may determine a period of longer than three years in their rural development programmes based on the nature of the commitments and the environmental and climate-related objectives sought.]]
6.Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary, they may also cover transaction costs up to a value of 20 % of the premium paid for the agri-environment-climate commitments. Where commitments are undertaken by groups of farmers or groups of farmers and other land managers, the maximum level shall be 30 %.
[F7When calculating the payments referred to in the first subparagraph, [F2the relevant authority] shall deduct the amount necessary in order to exclude double funding of the practices referred to in Article 43 of Regulation (EU) No 1307/2013. [F8The relevant authority] may calculate the deduction as a fixed, average amount applied to all beneficiaries concerned carrying out the type of operation concerned.]
In duly justified cases for operations concerning environmental conservation, support may be granted at a flat-rate or as a one-off payment per unit for commitments to renounce commercial use of areas, calculated on the basis of additional costs incurred and income foregone.
7.Where required in order to ensure the efficient application of the measure, [F2the relevant authority] may use the procedure referred to in Article 49(3) for the selection of beneficiaries.
8.Support shall be limited to the maximum amounts laid down in Annex II.
No support under this measure may be granted for commitments that are covered under the organic farming measure.
[F79.Support may be provided for the conservation and for the sustainable use and development of genetic resources in agriculture, including non-indigenous resources, for operations not covered by the provisions under paragraphs 1 to 8. Such commitments may be carried out by beneficiaries other than those referred to in paragraph 2.]
10.In order to ensure that agri-environment-climate commitments are defined in accordance with the F9... priorities for rural development, the [F10appropriate authority may make regulations] concerning the following:
(a)the conditions applicable to commitments to extensify livestock farming;
(b)the conditions applicable to commitments to rear local breeds that are in danger of being lost to farming or to preserve plant genetic resources that are under threat of genetic erosion, and
(c)the definition of eligible operations under paragraph 9.
[X111.In order to ensure that double funding, as referred to in the second subparagraph of paragraph 6 is excluded, the [F11appropriate authority may make regulations] laying down the calculation method to be used, including in the case of equivalent measures under Article 43 of Regulation (EU) No 1307/2013.]
Editorial Information
X1Substituted by Corrigendum to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (Official Journal of the European Union L 347 of 20 December 2013).
Textual Amendments
F1Words in Art. 28(1) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(13)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 28 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 28(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(13)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 28(5) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 4(6)
F5Words in Art. 28(5) omitted (S.) (15.3.2021) by virtue of The Rural Development (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/33), regs. 1, 2(3)
F6Inserted by Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022
F7Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.
F8Words in Art. 28(6) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(13)(a); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in Art. 28(10) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 58(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 28(10) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 58(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 28(11) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 58(b); 2020 c. 1, Sch. 5 para. 1(1)
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