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 35 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.

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Regulation power to modify conferred (temp.) by 2020 asp 17 s. 2
Regulation power to modify conferred (temp.) by 2020 asp 17 s. 3
Regulation power to modify conferred (temp.) by 2020 asp 17 s. 4

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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 35S+N.I.Co-operation

1.Support under this measure shall be granted in order to promote forms of co-operation involving at least two entities and in particular:

(a)co-operation approaches among different actors in the F1... agriculture sector, forestry sector and food chain and other actors that contribute to achieving the objectives and priorities of rural development policy, including producer groups, cooperatives and inter-branch organisations;

(b)the creation of clusters and networks;

(c)the establishment and operation of operational groups of the EIP for agricultural productivity and sustainability as referred to in Article 56.

2.Co-operation under paragraph 1 shall relate, in particular, to the following:

(a)pilot projects;

(b)the development of new products, practices, processes and technologies in the agriculture, food and forestry sectors;

(c)co-operation among small operators in organising joint work processes and sharing facilities and resources and for the development and/or marketing of tourism services relating to rural tourism;

(d)horizontal and vertical co-operation among supply chain actors for the establishment and the development of short supply chains and local markets;

(e)promotion activities in a local context relating to the development of short supply chains and local markets;

(f)joint action undertaken with a view to mitigating or adapting to climate change;

(g)joint approaches to environmental projects and ongoing environmental practices, including efficient water management, the use of renewable energy and the preservation of agricultural landscapes;

(h)horizontal and vertical co-operation among supply chain actors in the sustainable provision of biomass for use in food and energy production and industrial processes;

(i)implementation, in particular by groups of public and private partners other than those defined in point (b) of Article 32(2) of Regulation (EU) No 1303/2013, of local development strategies other than those defined in Article 2(19) of Regulation (EU) 1303/2013 addressing one or more of the F2... priorities for rural development;

(j)drawing up of forest management plans or equivalent instruments;

(k)diversification of farming activities into activities concerning health care, social integration, community-supported agriculture and education about the environment and food.

3.Support under point (b) of paragraph 1 shall be granted only to newly formed clusters and networks and those commencing an activity that is new to them.

Support for operations under points (a) and (b) of paragraph 2 may be granted also to individual actors where this possibility is provided for in the rural development programme.

4.The results of pilot projects under point (a) of paragraph 2 and operations under point (b) of paragraph 2 carried out by individual actors as provided for in paragraph 3 shall be disseminated.

5.The following costs, linked to the forms of co-operation referred to in paragraph 1 shall be eligible for support under this measure:

(a)the cost of studies of the area concerned, of feasibility studies, and of drawing up a business plan or a forest management plan or equivalent or a local development strategy other than the one referred to in Article 33 of Regulation (EU) No 1303/2013;

(b)the cost of animation of the area concerned in order to make feasible a collective territorial project or a project to be carried out by an operational group of the EIP for Agricultural Productivity and Sustainability as referred to in Article 56. In the case of clusters, animation may also concern the organisation of training, networking between members and the recruitment of new members;

(c)the running costs of the co-operation;

(d)the direct costs of specific projects linked to the implementation of a business plan an environmental plan, a forest management plan or equivalent, a local development strategy other than the one referred to in Article 33 of Regulation (EU) No 1303/2013 or direct costs of other actions targeted towards innovation, including testing;

(e)the cost of promotion activities.

6.Where a business plan or an environmental plan or a forest management plan or equivalent or a development strategy is implemented, [F3the relevant authority] may grant the aid either as a global amount covering the costs of co-operation and the costs of the projects implemented or cover only the costs of the co- operation and use funds from other measures or [F4support under Regulation 508/2014, CMO support or direct payment support] for project implementation.

Where support is paid as a global amount and the project implemented is of a type covered under another measure of this Regulation, the relevant maximum amount or rate of support shall apply.

7.Co-operation among actors located in different regions F5... shall also be eligible for support.

8.Support shall be limited to a maximum period of seven years except for collective environmental action in duly justified cases.

[F69.Co-operation under this measure may be combined with projects supported by support under Regulation 508/2014 or CMO support or direct payment support. The relevant authority shall ensure that overcompensation as a result of the combination of this measure with other sources of support is avoided.]

10.In order to ensure the efficient use of [F7support for rural development], the [F8appropriate authority may make regulations], concerning the further specification of the characteristics of pilot projects, clusters, networks, short supply chains and local markets that will be eligible for support, as well as concerning the conditions for granting aid to the types of operation listed in paragraph 2 of this Article.

Extent Information

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

Textual Amendments

F1Word in Art. 35(1) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(20)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2Word in Art. 35(2)(i) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(20)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 35(6) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(20)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 35(6) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(20)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 35(7) omitted (31.12.2020) by virtue of The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(20)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6Art. 35(9) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(20)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 35(10) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 63(a); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in Art. 35(10) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 63(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 35WCo-operation

1.Support under this measure shall be granted in order to promote forms of co-operation involving at least two entities and in particular:

(a)co-operation approaches among different actors in the F9... agriculture sector, forestry sector and food chain and other actors that contribute to achieving the objectives and priorities of rural development policy, including producer groups, cooperatives and inter-branch organisations;

(b)the creation of clusters and networks;

F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .