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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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Changes over time for: Article 37
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Regulation (EU) No 1305/2013 of the European Parliament and of the Council, Article 37 is up to date with all changes known to be in force on or before 07 November 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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Article 37U.K.Crop, animal, and plant insurance
[F11.Support under point (a) of Article 36(1) shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event, or by an animal or plant disease, or a pest infestation, or an environmental incident or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease, or pest which destroys more than 20 % of the average annual production of the farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry. Indexes may be used in order to calculate the annual production of the farmer. The calculation method used shall permit the determination of the actual loss of an individual farmer in a given year.]
The measurement of the extent of the loss caused may be tailored to the specific characteristics of each type of product using:
(a)biological indexes (quantity of biomass loss) or equivalent yield loss indexes established at farm, local, regional or national level, or
(b)weather indexes (including quantity of rainfall and temperature) established at local, regional or national level.
2.The occurrence of an adverse climatic event or the outbreak of an animal or plant disease or pest infestation or an environmental incident has to be formally recognised as such by the competent authority of the [F2relevant authority] concerned.
[F3The relevant authority] may, where appropriate, establish in advance criteria on the basis of which such formal recognition shall be deemed to be granted.
3.As regards animal diseases, financial compensation under point (a) of Article 36(1) may only be granted in respect of diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health or in [F4Annex II of Regulation (EU) No 652/2014].
4.Insurance payments shall compensate for not more than the total of the cost of replacing the losses referred to in point (a) of Article 36(1) and shall not require or specify the type or quantity of future production.
[F5The relevant authority] may limit the amount of the premium that is eligible for support by applying appropriate ceilings.
[F65.Support shall be limited to the maximum rate laid down in Annex II.]
Textual Amendments
F1Substituted 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.
F2Words in Art. 37(2) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(22)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 37(2) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(22)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 37(3) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(22)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 37(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(22)(c); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 37(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(32)
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