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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Version Superseded: 26/03/2021
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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 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, [F1the 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.
[F22.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 F3... .]
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.[F4The 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, [F5the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:
(a)[F6the 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.
[F25.In addition to the payments provided for in paragraph 2, [F7the 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 [F8relevant authority] can continue payments at this level until the phasing out period is completed.]
[F9In the years 2021 and 2022, for programmes extended in accordance with Article 1 of Regulation (EU) 2020/2220 of the European Parliament and of the Council, where degressive payments were not granted by the Member States for the maximum duration of four years up to 2020, those Member States may decide to continue those payments until the end of 2022 but for no longer than four years in total. In that case, the payments in the years 2021 and 2022 shall not exceed EUR 25 per hectare.]
Following completion of the delimitation, beneficiaries in the areas that remain eligible shall receive full payment under this measure.
F106.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
Extent Information
E1This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only
Textual Amendments
F1Words in Art. 31(1) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Substituted 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.
F3Words in Art. 31(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 31(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 31(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 31(4)(a) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 31(5) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 31(5) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F9Substituted 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
F10Art. 31(6) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(d); 2020 c. 1, Sch. 5 para. 1(1)
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, [F11the 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.
[F122.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 F13... .]
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.[F14The 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, [F15the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:
(a)[F16the 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.
[F175.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.]
F186.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only
Editorial Information
X2Substituted 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
F11Words in Art. 31(1) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(a); 2020 c. 1, Sch. 5 para. 1(1)
F12Substituted 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.
F13Words in Art. 31(2) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 31(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 31(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 31(4)(a) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F17Art. 31(5) substituted (S.) (1.1.2021) by The Common Agricultural Policy (Less Favoured Area Support) (EU Exit) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/456), regs. 1(2), 2(2)
F18Art. 31(6) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(16)(d); 2020 c. 1, Sch. 5 para. 1(1)
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