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Regulation (EU) No 1305/2013 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005

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Regulation (EU) No 1305/2013 of the European Parliament and of the Council, Article 31 is up to date with all changes known to be in force on or before 24 July 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. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole legislation item and associated provisions

  • Art. 12(a) omitted by S.I. 2019/764 reg. 4(6) (This amendment not applied to legislation.gov.uk. Reg. 4(6) omitted immediately before IP completion day by virtue of S.I. 2019/1405, regs. 1(2), 2(2))

Article 31EPayments to areas facing natural or other specific constraints

1.Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of agricultural area in order to compensate farmers for all or part of the additional costs and income foregone related to the constraints for agricultural production in the area concerned.

[X1Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraintsF1....]

When calculating additional costs and income foregone, [F2the relevant authority] may, where duly justified, differentiate the level of payment taking into account:

  • the severity of the identified permanent constraint affecting farming activities;

  • the farming system.

[F32.Payments shall be granted to farmers who undertake to pursue their farming activity in the areas designated pursuant to Article 32 F4... .]

3.Payments shall be fixed between the minimum and maximum amount laid down in Annex II. These payments may be increased in duly substantiated cases taking into account specific circumstances to be justified in the rural development programmes.

4.[F5The relevant authority] shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programme, except if the grant covers only the minimum payment per hectare per year as laid down in Annex II.

In the case of a legal person, or a group of natural or legal persons, [F6the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:

(a)[F7the law as it applies in the constituent nation] provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of head of holding, in particular as regards their economic, social and tax status; and

(b)those individual members have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

[F35.In addition to the payments provided for in paragraph 2, [F8the relevant authority] may grant payments under this measure between 2014 and 2020 to beneficiaries in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period. For beneficiaries in areas that are no longer eligible following the new delimitation referred to in Article 32(3), those payments shall be degressive over a maximum period of four years. That period shall start on the date that the delimitation in accordance with Article 32(3) is completed and at the latest in 2019. Those payments shall start at no more than 80 % of the average payment fixed in the programme for the programming period 2007-2013 in accordance with Article 36(a)(ii) of Regulation (EC) No 1698/2005, and shall end in 2020 at the latest at no more than 20 %. When the application of degressivity results in the level of the payment reaching EUR 25, the [F9relevant authority] can continue payments at this level until the phasing out period is completed.]

[F10By way of derogation from the first subparagraph, where degressive payments start only in the year 2019, those payments shall start at no more than 80% of the average payment fixed in the 2014-2020 programming period. The payment level shall be established in such a way that the end-level in 2020 is half the starting level.]

Following completion of the delimitation, beneficiaries in the areas that remain eligible shall receive full payment under this measure.

F116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E1This version of this provision applies to England only; separate versions have been created for Northern Ireland and Scotland and Wales

Textual Amendments

Article 31SPayments to areas facing natural or other specific constraints

1.Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of agricultural area in order to compensate farmers for all or part of the additional costs and income foregone related to the constraints for agricultural production in the area concerned.

[X2Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraints, taking into account payments pursuant to Chapter 4 of Title III of Regulation (EU) No 1307/2013.]

When calculating additional costs and income foregone, [F12the relevant authority] may, where duly justified, differentiate the level of payment taking into account:

  • the severity of the identified permanent constraint affecting farming activities;

  • the farming system.

[F132.Payments shall be granted to farmers who undertake to pursue their farming activity in the areas designated pursuant to Article 32 and are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013 F14... .]

3.Payments shall be fixed between the minimum and maximum amount laid down in Annex II. These payments may be increased in duly substantiated cases taking into account specific circumstances to be justified in the rural development programmes.

4.[F15The relevant authority] shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programme, except if the grant covers only the minimum payment per hectare per year as laid down in Annex II.

In the case of a legal person, or a group of natural or legal persons, [F16the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:

(a)[F17the law as it applies in the constituent nation] provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of head of holding, in particular as regards their economic, social and tax status; and

(b)those individual members have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

[F185.In addition to the payments provided for in paragraph 2, the relevant authority may grant payments under this measure between 2014 and 2024 to beneficiaries in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period.]

F196.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E2This version of this provision applies to Scotland only; separate versions have been created for England and Wales and Northern Ireland

Textual Amendments

Article 31WPayments to areas facing natural or other specific constraints

1.Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of agricultural area in order to compensate farmers for all or part of the additional costs and income foregone related to the constraints for agricultural production in the area concerned.

[X3Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraintsF20....]

When calculating additional costs and income foregone, [F21the relevant authority] may, where duly justified, differentiate the level of payment taking into account:

  • the severity of the identified permanent constraint affecting farming activities;

  • the farming system.

[F222.Payments shall be granted to farmers who undertake to pursue their farming activity in the areas designated pursuant to Article 32 F23...F24... .]

F253.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F26The relevant authority] shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programmeF27....

In the case of a legal person, or a group of natural or legal persons, [F28the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:

(a)[F29the law F30...] provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of head of holding, in particular as regards their economic, social and tax status; and

(b)those individual members have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

F315.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F326.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E3This version of this provision applies to Wales only; separate versions have been created for England and Scotland and Northern Ireland

Textual Amendments

F20Words in Art. 31(1) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(26)(a)

F23Words in Art. 31(2) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(26)(b)

F25Art. 31(3) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(26)(c)

F27Words in Art. 31(4) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(26)(d)(i)

F30Words in Art. 31(4)(a) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(26)(d)(ii)

F31Art. 31(5) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(26)(e)

Article 31N.I.Payments to areas facing natural or other specific constraints

1.Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of agricultural area in order to compensate farmers for all or part of the additional costs and income foregone related to the constraints for agricultural production in the area concerned.

[X4Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraints, taking into account payments pursuant to Chapter 4 of Title III of Regulation (EU) No 1307/2013.]

When calculating additional costs and income foregone, [F33the relevant authority] may, where duly justified, differentiate the level of payment taking into account:

  • the severity of the identified permanent constraint affecting farming activities;

  • the farming system.

[F342.Payments shall be granted to farmers who undertake to pursue their farming activity in the areas designated pursuant to Article 32 and are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013 F35... .]

3.Payments shall be fixed between the minimum and maximum amount laid down in Annex II. These payments may be increased in duly substantiated cases taking into account specific circumstances to be justified in the rural development programmes.

4.[F36The relevant authority] shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programme, except if the grant covers only the minimum payment per hectare per year as laid down in Annex II.

In the case of a legal person, or a group of natural or legal persons, [F37the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:

(a)[F38the law as it applies in the constituent nation] provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of head of holding, in particular as regards their economic, social and tax status; and

(b)those individual members have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

[F345.In addition to the payments provided for in paragraph 2, [F39the relevant authority] may grant payments under this measure between 2014 and 2020 to beneficiaries in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period. For beneficiaries in areas that are no longer eligible following the new delimitation referred to in Article 32(3), those payments shall be degressive over a maximum period of four years. That period shall start on the date that the delimitation in accordance with Article 32(3) is completed and at the latest in 2019. Those payments shall start at no more than 80 % of the average payment fixed in the programme for the programming period 2007-2013 in accordance with Article 36(a)(ii) of Regulation (EC) No 1698/2005, and shall end in 2020 at the latest at no more than 20 %. When the application of degressivity results in the level of the payment reaching EUR 25, the [F40relevant authority] can continue payments at this level until the phasing out period is completed.]

[F41By way of derogation from the first subparagraph, where degressive payments start only in the year 2019, those payments shall start at no more than 80% of the average payment fixed in the 2014-2020 programming period. The payment level shall be established in such a way that the end-level in 2020 is half the starting level.]

Following completion of the delimitation, beneficiaries in the areas that remain eligible shall receive full payment under this measure.

F426.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E4This version of this provision applies to Northern Ireland only; separate versions have been created for England and Scotland and Wales

Textual Amendments

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