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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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TITLE IU.K.OBJECTIVES AND STRATEGY

CHAPTER IU.K.Subject matter and Definitions

Article 1U.K.Subject matter

[F11.This Regulation lays down general rules governing support for rural development. It sets out the objectives to which rural development policy is to contribute and the relevant priorities for rural development. It outlines the strategic context for rural development policy and defines the measures to be adopted in order to implement rural development policy. [F2In addition, it lays down rules on programming, networking, management, monitoring and evaluation.]]

2.This Regulation complements the provisions of Part Two of Regulation (EU) No 1303/2013 of the European Parliament and the Council(1).

Textual Amendments

F2Words in Art. 1(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(2)

Article 2U.K.Definitions

1.For the purposes of this Regulation, the definitions of "programme", "operation", "beneficiary", "community-led local development strategy", [F3"public expenditure", "SMEs",] "completed operation" and "financial instruments" as laid down or referred to in Article 2 and of [F4"less developed regions" and] "transition regions" as laid down in [F5points (a) and (b)][F5point (b)] in Article 90(2) of Regulation (EU) No 1303/2013 [F6as it had effect immediately before IP completion day] apply.

In addition, the following definitions shall apply:

(a)"programming": means the process of organisation, decision making and allocation of financial resources in several stages, with the involvement of partners, intended to implement, on a multi-annual basis, [F7action to achieve the priorities for rural development].

(b)"region" means a territorial unit corresponding to level 1 or 2 of the Nomenclature of territorial units for statistics (NUTS level 1 and 2) within the meaning of Regulation (EC) No 1059/2003 of the European Parliament and of the Council(2)[F8as it had effect immediately before IP completion day];

(c)"measure" means a set of operations contributing to one or more of the F9... priorities for rural development;

(d)"support rate" means the rate of public contribution to an operation;

(e)"transaction cost" means an additional cost linked to fulfilling a commitment, but not directly attributable to its implementation or not included in the costs or income foregone that are compensated directly; and which can be calculated on a standard cost basis;

(f)"agricultural area" means any area taken up by arable land, permanent grassland and [F10permanent pasture or] permanent crops as defined in Article 4 of Regulation (EU) No 1307/2013;

(g)"economic losses" means any additional cost incurred by a farmer as a result of exceptional measures taken by the farmer with the objective of reducing supply on the market concerned or any substantial loss of production;

(h)"adverse climatic event" means weather conditions, such as frost, storms and hail, ice, heavy rain or severe drought, which can be assimilated to a natural disaster;

(i)"animal diseases" means diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health or in [F11Annex II of Regulation (EU) No 652/2014];

(j)"environmental incident" means a specific occurrence of pollution, contamination or degradation in the quality of the environment which is related to a specific event and is of limited geographical scope; but does not cover general environmental risks not connected with a specific event, such as climate change or atmospheric pollution;

(k)"natural disaster": means a naturally occurring event of a biotic or abiotic nature that leads to important disturbances in agricultural production systems or forest structures, eventually causing important economic damage to the farming or forestry sectors;

(l)"catastrophic event": means an unforeseen event of a biotic or abiotic nature caused by human action that leads to important disturbances in agricultural production systems or forest structures, eventually causing important economic damage to the farming or forestry sectors;

(m)"short supply chain": means a supply chain involving a limited number of economic operators, committed to co-operation, local economic development, and close geographical and social relations between producers, processors and consumers;

[F12(n)"young farmer" means a person who is no more than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of that holding; the setting up may be done solely or jointly with other farmers, irrespective of its legal form;]

[F13(o)"thematic objectives": means the thematic objectives defined in Article 9 of Regulation (EU) No 1303/2013;]

[F14(p)"Common Strategic Framework" ("CSF")": means the Common Strategic Framework referred to in Article 10 of Regulation (EU) No 1303/2013;]

(q)"cluster" means a grouping of independent undertakings, including start-ups, small, medium and large undertakings as well as advisory bodies and/or research organisations - designed to stimulate economic/ innovative activity by promoting intensive interactions, the sharing of facilities and the exchange of knowledge and expertise, as well as contributing effectively to knowledge transfer, networking and information dissemination among the undertakings in the cluster;

(r)"forest" means an area of land spanning more than 0,5 hectares with trees higher than 5 meters and a canopy cover of more than 10 percent, or trees able to reach these thresholds in situ; and does not include land that is predominantly under agricultural or urban land use, subject to paragraph 2[F12;]

[F15(s)"date of setting up" means the date when the applicant performs or completes (an) action(s) related to the setting up referred to in point (n);]

[F16(t)“Directive 2000/29” means Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community;

(u)“Directive 2009/147” means Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds;]

[F17(v)[F18‘appropriate authority’ means—

(i)the relevant authority for the constituent nation in which the regulations apply, or

(ii)the Secretary of State:

(aa)in relation to regulations applying in Scotland, if consent is given by the Scottish Ministers;

(bb)in relation to regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.]

[F18“appropriate authority” means the relevant authority for the constituent nation in which the regulations apply.]]

2.[F19The relevant authority] or region may choose to apply a forest definition, other than the one in point (r) of paragraph 1, based on existing national law or inventory system. The [F20relevant authorities] or regions shall provide such definition in the rural development programme;

3.In order to ensure a coherent approach in the treatment of beneficiaries and to take into account the need for an adaptation period, as regards the definition of young farmer laid down in paragraph 1(n), the [F21appropriate authority may make regulations] concerning the conditions under which a legal person may be considered to be a 'young farmer', and the setting of a grace period for the acquisition of occupational skills .

[F224.[F23In these Regulations, references to Regulation (EU) No 1303/2013 are references to Regulation (EU) No 1303/2013, as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.]]

Textual Amendments

F3Words in Art. 2(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(3)(a)(i)

F10Words in Art. 2(1)(f) 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(3)(a)(ii)

F13Art. 2(1)(o) 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(3)(a)(iii)

F14Art. 2(1)(p) 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(3)(a)(iv)

F18Art. 2(1)(v) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(3)(a)(v)

F23Art. 2(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(3)(b)

CHAPTER IIU.K.Mission, objectives and priorities

[F24Article 3E+S+N.I.Mission

Support provided through rural development programmes shall contribute to promoting sustainable rural development in a manner that complements other support provided to the agriculture and fisheries sectors [F25and to less developed regions]. It shall contribute to the development of an agricultural sector that is more territorially and environmentally balanced, climate-friendly and resilient and competitive and innovative. It shall also contribute to the development of rural territories.]

Extent Information

E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

[F339Article 3WAim

Support for rural development shall contribute to the development of rural economies and sectors that are more resilient, competitive and innovative and which support the achievement of the well-being goals as set out in section 4 of the Well-being of Future Generations (Wales) Act 2015, the sustainable management of natural resources as set out in Part 1 of the Environment (Wales) Act 2016 and climate resilience.]

Extent Information

E31This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F339Art. 3 substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(4)

Article 4E+S+N.I.Objectives

Within the overall framework of [F26agricultural support], support for rural development, including for activities in the food and non-food sector and in forestry, shall contribute to achieving the following objectives:

(a)

fostering the competitiveness of agriculture;

(b)

ensuring the sustainable management of natural resources, and climate action;

(c)

achieving a balanced territorial development of rural economies and communities including the creation and maintenance of employment.

Extent Information

E2This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

[F340Article 4WObjectives

Support for rural development, must contribute to achieving the following objectives:

(a)fostering the competitiveness of agriculture;

(b)contributing towards the sustainable management of natural resources as set out in Part 1 of the Environment (Wales) Act 2016;

(c)ensuring climate resilience;

(d)achieving a balanced territorial development of rural economies and communities including the creation and maintenance of employment.]

Extent Information

E32This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F340Art. 4 substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(5)

Article 5E+S+N.I.Union priorities for rural development

[F27The achievement of the objectives of rural development shall be pursued through the following six priorities for rural development, which reflect the relevant Thematic Objectives of the CSF:]

(1)

fostering knowledge transfer and innovation in agriculture, forestry, and rural areas with a focus on the following areas:

(a)

fostering innovation, cooperation, and the development of the knowledge base in rural areas;

(b)

strengthening the links between agriculture, food production and forestry and research and innovation, including for the purpose of improved environmental management and performance;

(c)

fostering lifelong learning and vocational training in the agricultural and forestry sectors.

(2)

enhancing farm viability and competitiveness of all types of agriculture in all regions and promoting innovative farm technologies and the sustainable management of forests, with a focus on the following areas:

(a)

improving the economic performance of all farms and facilitating farm restructuring and modernisation, notably with a view to increasing market participation and orientation as well as agricultural diversification;

(b)

facilitating the entry of adequately skilled farmers into the agricultural sector and, in particular, generational renewal.

(3)

promoting food chain organisation, including processing and marketing of agricultural products, animal welfare and risk management in agriculture, with a focus on the following areas:

(a)

improving competitiveness of primary producers by better integrating them into the agri-food chain through quality schemes, adding value to agricultural products, promotion in local markets and short supply circuits, producer groups and organisations and inter-branch organisations;

(b)

supporting farm risk prevention and management.

(4)

restoring, preserving and enhancing ecosystems related to agriculture and forestry, with a focus on the following areas:

(a)

restoring, preserving and enhancing biodiversity, including in Natura 2000 areas, and in areas facing natural or other specific constraints, and high nature value farming, as well as the state of European landscapes;

(b)

improving water management, including fertiliser and pesticide management;

(c)

preventing soil erosion and improving soil management.

(5)

promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in agriculture, food and forestry sectors, with a focus on the following areas:

(a)

increasing efficiency in water use by agriculture;

(b)

increasing efficiency in energy use in agriculture and food processing;

(c)

facilitating the supply and use of renewable sources of energy, of by-products, wastes and residues and of other non food raw material, for the purposes of the bio-economy;

(d)

reducing green house gas and ammonia emissions from agriculture;

(e)

fostering carbon conservation and sequestration in agriculture and forestry;

(6)

promoting social inclusion, poverty reduction and economic development in rural areas, with a focus on the following areas:

(a)

facilitating diversification, creation and development of small enterprises, as well as job creation;

(b)

fostering local development in rural areas;

(c)

enhancing the accessibility, use and quality of information and communication technologies (ICT) in rural areas.

All those priorities shall contribute to the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation. Programmes may address fewer than six priorities if justified on the basis of the analysis of the situation in terms of strengths, weaknesses, opportunities and threats ("the SWOT") and the ex ante evaluation. At least four priorities shall be addressed by each programme. F28....

Other focus areas may be included in programmes in order to pursue one of the priorities if justified and measurable.

Extent Information

E3This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

[F341Article 5WPriorities for rural development

Support for rural development must support the following priorities:

1fostering knowledge transfer and innovation in agriculture, forestry, and rural areas;

2enhancing farm viability and competitiveness of all types of agriculture in all regions and promoting innovative farm technologies and the sustainable management of forests;

3promoting food chain organisation, including processing and marketing of agricultural products, animal welfare and risk management in agriculture;

4restoring, preserving and enhancing ecosystems dependent on agriculture and forestry;

5promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in the agriculture, food and forestry sectors;

6promoting social inclusion, poverty reduction and economic development in rural areas.

Each of these priorities shall contribute to the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation.]

Extent Information

E33This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F341Art. 5 substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(6)

TITLE IIU.K.PROGRAMMING

CHAPTER IU.K.Programming content

[F29Article 6E+S+N.I.Rural development programmes

Support for rural development shall be provided in accordance with rural development programmes. These programmes shall implement a strategy to meet the priorities for rural development through a set of measures as defined in Title III. Support for rural development must be provided to further the objectives and the priorities of rural development.]

Extent Information

E4This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

[F342Article 6WThe rural development programme

Support for rural development must be provided in accordance with the rural development programme. This programme shall implement a strategy to meet the priorities for rural development through a set of measures as defined in Title III. Support for rural development must be provided to further the objectives and the priorities of rural development.]

Extent Information

E34This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F342Art. 6 substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(7)

F30Article 7U.K.Thematic sub-programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F31Article 8E+W+N.I.Content of rural development programmes

1.In addition to the elements referred to in Article 27 of Regulation (EU) No 1303/2013, each rural development programme shall include:

F32(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a SWOT analysis of the situation and an identification of the needs that have to be addressed in the geographical area covered by the programme.

The analysis shall be structured around the F33... priorities for rural development. Specific needs concerning the environment, climate change mitigation and adaptation and innovation shall be assessed across F33... priorities for rural development, in order to identify relevant responses in these three areas at the level of each priority;

(c)a description of the strategy which demonstrates that:

(i)

appropriate targets are set for each of the focus areas of the F33... priorities for rural development included in the programme, based on the common indicators referred to in Article 69 and, where necessary, on programme specific indicators;

(ii)

relevant combinations of measures are selected in relation to each of the focus areas of the F33... priorities for rural development included in the programme, based on a sound intervention logic F34... the analysis referred to in point (b);

(iii)

the allocation of financial resources to the measures of the programme is justified and adequate to achieve the targets set;

(iv)

specific needs linked with specific conditions at regional or sub-regional level are taken into account and concretely addressed through adequately designed combinations of measures F35...;

(v)

an appropriate approach towards innovation with a view to achieving the F33... priorities for rural development, including the EIP for agricultural productivity and sustainability, towards the environment, including the specific needs of Natura 2000 areas, and towards climate change mitigation and adaptation is integrated into the programme;

(vi)

measures have been taken to ensure the availability of sufficient advisory capacity on the regulatory requirements and on actions related to innovation;

(d)for each ex ante conditionality, established in accordance with Article 19, and part II of Annex XI to Regulation (EU) No 1303/2013 for the general ex ante conditionalities, and in accordance with Annex V to this Regulation, an assessment of which of the ex ante conditionalities are applicable to the programme and which of them are fulfilled at the date of submission of F36... the programme. Where the applicable ex ante conditionalities are not fulfilled, the programme shall contain a description of the actions to be taken, the bodies responsible and a timetable for such actions F37....

F38(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a description of each of the measures selected;

(g)the evaluation plan referred to in Article 56 of Regulation (EU) No 1303/2013. The [F39relevant authority] shall provide sufficient resources to address the needs which have been identified and to ensure proper monitoring and evaluation;

(h)a financing plan comprising:

(i)

[F40a table setting out, in accordance with Article 58(4) and Article 58a(2) of this Regulation, the total [F41core] contribution planned for each year. That table shall indicate separately the additional resources as referred to in Article 58a(2) of this Regulation. When applicable, that table shall also indicate separately, within the total [F41core] contribution, the appropriations provided for the less developed regions and the funds transferred to the [F41support for rural development] pursuant to Article 7(2) of Regulation (EU) No 1307/2013. F42...;]

(ii)

[F40a table setting out, for each measure, for each type of operation with a specific [F41core] contribution rate, for the type of operation referred to in Article 37(1) and Article 39a F43... and for technical assistance, the total F33... contribution planned and the applicable [F41core] contribution rate. Where applicable, that table shall indicate separately the [F41core] contribution rate for less developed regions and for other regions;]

(i)an indicator plan, broken down into focus areas, comprising the targets referred to in point (i) of Article 8(1)(c) and the planned outputs and planned expenditure of each rural development measure selected in relation to a corresponding focus area;

(j)where applicable, a table on additional national financing per measure in accordance with Article 82;

(k)where applicable, the list of aid schemes falling under Article 81(1) to be used for the implementation of the programmes;

[F44(l)information on the complementarity with other support provided to the agricultural and fisheries sectors;]

(m)programme implementing arrangements including:

(i)

the designation F45... of all authorities referred to in Article 65(2) and, for information, a summary description of the management and control structure;

(ii)

a description of the monitoring and evaluation procedures, as well as the composition of the Monitoring Committee;

(iii)

the provisions to ensure that the programme is publicised, including through the national rural network referred to in Article 54;

(iv)

a description of the approach laying down principles with regard to the establishment of selection criteria for operations and local development strategies that takes into account relevant targets; in this context [F46the relevant authority] may provide for priority to be given to SMEs linked to the agriculture and forestry sector.

(v)

in relation to local development, where applicable, a description of the mechanisms to ensure coherence between activities envisaged under the local development strategies, the "Cooperation" measure referred to in Article 35, and the "Basic services and village renewal in rural areas" measure referred to in Article 20 including urban-rural links;

(n)the actions taken to involve the partners referred to in Article 5 of Regulation (EU) No 1303/2013 and a summary of the results of the consultation of the partners;

(o)where applicable, the structure of the national rural network as referred to in Article 54(3), and provisions for its management, which would constitute the basis for its annual actions plans.

F472.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F483.The appropriate authority may make regulations laying down rules for the presentation of the elements described in paragraph 1 in rural development programmes.]]

Extent Information

E5This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F31Arts. 8-12 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(8)

Article 8SContent of rural development programmes

1.In addition to the elements referred to in Article 27 of Regulation (EU) No 1303/2013, each rural development programme shall include:

F343(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a SWOT analysis of the situation and an identification of the needs that have to be addressed in the geographical area covered by the programme.

The analysis shall be structured around the F344... priorities for rural development. Specific needs concerning the environment, climate change mitigation and adaptation and innovation shall be assessed across F344... priorities for rural development, in order to identify relevant responses in these three areas at the level of each priority;

(c)a description of the strategy which demonstrates that:

(i)

appropriate targets are set for each of the focus areas of the F344... priorities for rural development included in the programme, based on the common indicators referred to in Article 69 and, where necessary, on programme specific indicators;

(ii)

relevant combinations of measures are selected in relation to each of the focus areas of the F344... priorities for rural development included in the programme, based on a sound intervention logic F345... the analysis referred to in point (b);

(iii)

the allocation of financial resources to the measures of the programme is justified and adequate to achieve the targets set;

(iv)

specific needs linked with specific conditions at regional or sub-regional level are taken into account and concretely addressed through adequately designed combinations of measures F346...;

(v)

an appropriate approach towards innovation with a view to achieving the F344... priorities for rural development, including the EIP for agricultural productivity and sustainability, towards the environment, including the specific needs of Natura 2000 areas, and towards climate change mitigation and adaptation is integrated into the programme;

(vi)

measures have been taken to ensure the availability of sufficient advisory capacity on the regulatory requirements and on actions related to innovation;

(d)for each ex ante conditionality, established in accordance with Article 19, and part II of Annex XI to Regulation (EU) No 1303/2013 for the general ex ante conditionalities, and in accordance with Annex V to this Regulation, an assessment of which of the ex ante conditionalities are applicable to the programme and which of them are fulfilled at the date of submission of F347... the programme. Where the applicable ex ante conditionalities are not fulfilled, the programme shall contain a description of the actions to be taken, the bodies responsible and a timetable for such actions F348....

F349(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a description of each of the measures selected;

(g)the evaluation plan referred to in Article 56 of Regulation (EU) No 1303/2013. The [F350relevant authority] shall provide sufficient resources to address the needs which have been identified and to ensure proper monitoring and evaluation;

(h)a financing plan comprising:

(i)

[F351a table setting out the total core contribution, as determined by the Scottish Ministers in accordance with Article 58. When applicable this table shall indicate separately within the total core contribution the funds transferred to the support for rural development in application of Article 11(4A) of Regulation (EU) No 1307/2013;]

(ii)

[F40a table setting out, for each measure, for each type of operation with a specific [F352core] contribution rate, for the type of operation referred to in Article 37(1) and Article 39a, F353... and for technical assistance, the total F344... contribution planned and the applicable [F352core] contribution rate. Where applicable, that table shall indicate separately the [F352core] contribution rate for less developed regions and for other regions;]

(i)an indicator plan, broken down into focus areas, comprising the targets referred to in point (i) of Article 8(1)(c) and the planned outputs and planned expenditure of each rural development measure selected in relation to a corresponding focus area;

(j)where applicable, a table on additional F354... financing per measure in accordance with Article 82;

(k)where applicable, the list of aid schemes falling under Article 81(1) to be used for the implementation of the programmes;

[F355(l)information on the complementarity with other support provided to the agricultural and fisheries sectors;]

(m)programme implementing arrangements including:

(i)

the designation F356... of all authorities referred to in Article 65(2) and, for information, a summary description of the management and control structure;

(ii)

a description of the monitoring and evaluation procedures, as well as the composition of the Monitoring Committee;

(iii)

the provisions to ensure that the programme is publicised, including through the national rural network referred to in Article 54;

(iv)

a description of the approach laying down principles with regard to the establishment of selection criteria for operations and local development strategies that takes into account relevant targets; in this context [F357the relevant authority] may provide for priority to be given to SMEs linked to the agriculture and forestry sector.

(v)

in relation to local development, where applicable, a description of the mechanisms to ensure coherence between activities envisaged under the local development strategies, the "Cooperation" measure referred to in Article 35, and the "Basic services and village renewal in rural areas" measure referred to in Article 20 including urban-rural links;

(n)the actions taken to involve the partners referred to in Article 5 of Regulation (EU) No 1303/2013 and a summary of the results of the consultation of the partners;

(o)where applicable, the structure of the national rural network as referred to in Article 54(3), and provisions for its management, which would constitute the basis for its annual actions plans.

F3582.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3593.The appropriate authority may make regulations laying down rules for the presentation of the elements described in paragraph 1 in rural development programmes.]

Extent Information

E35This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

CHAPTER IIU.K.Preparation, approval and modification of rural development programmes

[F31Article 9U.K.Ex ante conditionalities

In addition to the general ex ante conditionalities, referred to in part II of Annex XI to Regulation (EU) No 1303/2013, the ex ante conditionalities referred to in Annex V to this Regulation shall apply to the F49... programming, if relevant and applicable to the specific objectives pursued within the priorities of the programme.]

Textual Amendments

F31Arts. 8-12 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(8)

F50[F31Article 10U.K.Approval of rural development programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F31Arts. 8-12 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(8)

[F51[F31Article 11E+W+N.I.Amendment of rural development programmes

The appropriate authority may make regulations to supplement or amend Commission Implementing Decision C(2015) 855, Commission Implementing Decision C(2015) 3488, Commission Implementing Decision C(2015) 3489 or Commission Implementing Decision C(2015) 6018 as applicable for the purpose of amending programmes concerning one or more of the following:

(a)a change in the:

(i)programme strategy through a change of more than 50% in the quantified target linked to a focus area;

(ii)contribution rate of one or more measures;

(iii)annual distribution of the contribution at programme level;

(b)the introduction or withdrawal of measures or other types of operations;

(c)transfer of funds between measures.]]

Extent Information

E6This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F31Arts. 8-12 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(8)

[F360Article 11SAmendment of rural development programmes

[F361The Scottish Ministers may supplement or amend the rural development programme for the following purposes:]

(a)a change in the:

(i)programme strategy through a change of more than 50% in the quantified target linked to a focus area;

(ii)contribution rate of one or more measures;

(iii)annual distribution of the contribution at programme level;

(b)the introduction or withdrawal of measures or other types of operations;

(c)transfer of funds between measures.]

Extent Information

E36This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

[F52[F31Article 12U.K.Rules on amendments

The appropriate authority may make regulations setting the frequency of amendments that may be made during the programming period.]]

Textual Amendments

F31Arts. 8-12 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(8)

TITLE IIIU.K.RURAL DEVELOPMENT SUPPORT

CHAPTER IU.K.Measures

Article 13U.K.Measures

Each rural development measure shall be programmed to contribute specifically to the achievement of one or more F53... priorities for rural development. [F54An indicative list of measures of particular relevance to the F53... priorities is set out in Annex VI.]

Textual Amendments

F54Words in Art. 13 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(9)

Article 14E+S+N.I.Knowledge transfer and information actions

1.Support under this measure shall cover vocational training and skills acquisition actions, demonstration activities and information actions. Vocational training and skills acquisition actions may include training courses, workshops and coaching.

Support may also cover short-term farm and forest management exchanges as well as farm and forest visits.

2.Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers and other economic actors which are SMEs operating in rural areas.

The training or other knowledge transfer and information action provider shall be the beneficiary of the support.

3.Support under this measure shall not include courses of instruction or training, which form part of normal education programmes or systems at secondary or higher levels.

Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and regular training to carry out this task.

[F124.Eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action. Infrastructure installed as a result of demonstration may be used after the operation is completed. In the case of demonstration projects, support may also cover relevant investment costs. Costs for travel, accommodation and per diem expenses of participants as well as the cost of the replacement of farmers shall also be eligible for support. All costs identified under this paragraph shall be paid to the beneficiary.]

5.In order to ensure that farm and forest exchange schemes and visits are clearly demarcated in relation to similar actions under other F55... schemes, the [F56appropriate authority may make regulations] concerning the duration and content of farm and forest exchange schemes and farm and forest visits.

6.The [F57appropriate authority may make regulations] laying down the rules on payment modalities for participants' costs, including through the use of vouchers or other similar forms.

F58...

Textual Amendments

Article 14WKnowledge transfer and information actions

1.Support under this measure shall cover vocational training and skills acquisition actions, demonstration activities and information actions. Vocational training and skills acquisition actions may include training courses, workshops and coaching.

Support may also cover short-term farm and forest management exchanges as well as farm and forest visits.

2.Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers [F362, animal health and welfare sector] and other economic actors which are [F363businesses] operating in rural areas.

The training or other knowledge transfer and information action provider shall be the beneficiary of the support.

3.Support under this measure shall not include courses of instruction or training, which form part of normal education programmes or systems at secondary or higher levels.

Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and regular training to carry out this task.

[F3644.Eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action. Infrastructure installed as a result of demonstration may be used after the operation is completed. In the case of demonstration projects, support may also cover relevant investment costs. Costs for travel, accommodation and per diem expenses of participants as well as the cost of the replacement of farmers shall also be eligible for support. All costs identified under this paragraph shall be paid to the beneficiary.]

5.In order to ensure that farm and forest exchange schemes and visits are clearly demarcated in relation to similar actions under other F365... schemes, the [F366appropriate authority may make regulations] concerning the duration and content of farm and forest exchange schemes and farm and forest visits.

6.The [F367appropriate authority may make regulations] laying down the rules on payment modalities for participants' costs, including through the use of vouchers or other similar forms.

F368...

Textual Amendments

F362Words in Art. 14(2) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(10)(a)

F363Word in Art. 14(2) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(10)(b)

Article 15E+S+N.I.Advisory services, farm management and farm relief services

1.Support under this measure shall be granted in order to:

(a)help farmers, young farmers as defined in this Regulation, forest holders, other land managers and SMEs in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

(b)promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in Articles 12 to 14 of Regulation (EU) No 1306/2013;

(c)promote the training of advisors.

[F122.The beneficiary of support provided in accordance with points (a) and (c) of paragraph 1 shall be either the provider of advice or training or the Managing Authority. Where the Managing Authority is the beneficiary, the provider of advice or training shall be selected by a body that is functionally independent from the Managing Authority. Support under point (b) of paragraph 1 shall be granted to the authority or body selected to set up the farm management, farm relief, farm advisory or forestry advisory service.]

[F123.The authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise. The providers under this measure shall be chosen through a selection procedure open to both public and private bodies. That selection procedure shall be objective and shall exclude candidates with conflicts of interest.]

When providing advice, advisory services shall respect the non-disclosure obligations referred to in Article 13(2) of Regulation (EU) No 1306/2013.

[F153a.For the purpose of this Article, [F59the relevant authority] shall, in accordance with Article 65(1), carry out all checks at the level of the provider of advice or training.]

4.Advice to the individual farmers, young farmers as defined in this Regulation and other land managers shall be linked to at least one F60... priority for rural development and shall cover as a minimum one of the following elements:

(a)obligations at farm level deriving from the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No 1306/2013;

(b)where applicable, the agricultural practices beneficial for the climate and the environment as laid down in Chapter 3 of Title III of Regulation (EU) No 1307/2013 and the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of Regulation (EU) No 1307/2013;

(c)measures at farm level provided for in rural development programmes aiming at farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as the promotion of entrepreneurship;

[F61(d)requirements arising from any programme of measures for river basin districts which has been implemented in consequence of Article 11(3) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy (‘the Water Framework Directive’), which is to be construed as if references to “Community legislation” were references to “the law as it applies in the constituent nation” and references to “Member States” were references to “The competent authority”;

(e)requirements which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Articles 14(1), (2), (4) and (5) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides, which are to be construed as if references to “Member States” were references to “the competent authority”]; or

(f)where relevant, occupational safety standards or safety standards linked to the farm;

(g)specific advice for farmers setting up for the first time.

[X1Advice may also cover other issues and in particular the information related to climate change mitigation and adaptation, biodiversity and the protection of water as laid down in Annex I to Regulation (EU) No 1306/2013 or issues linked to the economic and environmental performance of the agricultural holding, including competitiveness aspects.] This may include advice for the development of short supply chains, organic farming and health aspects of animal husbandry.

5.[F62Advice to forest holders shall cover, as a minimum, the relevant requirements which have been implemented as a consequence of Directives 92/43, 2009/147 and 2000/60.] It may also cover issues linked to the economic and environmental performance of the forest holding.

6.Advice to SMEs may cover issues linked to the economic and environmental performance of the enterprise.

7.Where duly justified and appropriate, advice may be provided partly in a group, while taking into account the situations of the individual user of advisory services.

8.Support under points (a) and (c) of paragraph 1 shall be limited to the maximum amounts laid down in Annex II. Support under point (b) of paragraph 1 shall be degressive over a maximum period of five years from setting up.

Editorial Information

Extent Information

E7This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 15WAdvisory services, farm management and farm relief services

1.Support under this measure shall be granted in order to:

(a)help farmers, young farmers as defined in this Regulation, forest holders, other land managers and [F369businesses] in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

(b)promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in [F370Article 12] of Regulation (EU) No 1306/2013;

(c)promote the training of advisors.

[F3712.The beneficiary of support provided in accordance with points (a) and (c) of paragraph 1 shall be either the provider of advice or training or the Managing Authority. Where the Managing Authority is the beneficiary, the provider of advice or training shall be selected by a body that is functionally independent from the Managing Authority. Support under point (b) of paragraph 1 shall be granted to the authority or body selected to set up the farm management, farm relief, farm advisory or forestry advisory service.]

[F3713.The authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise. The providers under this measure shall be chosen through a selection procedure open to both public and private bodies. That selection procedure shall be objective and shall exclude candidates with conflicts of interest.]

F372...

F3733a.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.Advice to the individual farmers, young farmers as defined in this Regulation and other land managers shall be linked to at least one F374... priority for rural development and shall cover as a minimum one of the following elements:

(a)obligations at farm level deriving from the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No 1306/2013;

(b)where applicable, F375... the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of Regulation (EU) No 1307/2013;

(c)measures at farm level provided for in rural development programmes aiming at farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as the promotion of entrepreneurship;

[F376(d)requirements arising from any programme of measures for river basin districts which has been implemented in consequence of Article 11(3) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy (‘the Water Framework Directive’), which is to be construed as if references to “Community legislation” were references to “the law as it applies in the constituent nation” and references to “Member States” were references to “The competent authority”;

(e)requirements which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Articles 14(1), (2), (4) and (5) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides, which are to be construed as if references to “Member States” were references to “the competent authority”]; or

(f)where relevant, occupational safety standards or safety standards linked to the farm;

(g)specific advice for farmers setting up for the first time.

[X2Advice may also cover other issues and in particular the information related to climate change mitigation and adaptation, biodiversity and the protection of water F377... or issues linked to the economic and environmental performance of the agricultural holding, including competitiveness aspects.] This may include advice for the development of short supply chains, organic farming and health aspects of animal husbandry.

5.[F378Advice to forest holders shall cover, as a minimum, the relevant requirements which have been implemented as a consequence of Directives 92/43, 2009/147 and 2000/60.] It may also cover issues linked to the economic and environmental performance of the forest holding.

6.Advice to [F379businesses] may cover issues linked to the economic and environmental performance of the enterprise.

7.Where duly justified and appropriate, advice may be provided partly in a group, while taking into account the situations of the individual user of advisory services.

8.F380... Support under point (b) of paragraph 1 shall be degressive over a maximum period of five years from setting up.

Editorial Information

Extent Information

E37This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F369Word in Art. 15(1)(a) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(11)(a)(i)

F370Words in Art. 15(1)(b) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(11)(a)(ii)

F372Words in Art. 15(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(11)(b)

F373Art. 15(3a) 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(11)(c)

F375Words in Art. 15(4)(b) 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(11)(d)(i)

F377Words in Art. 15(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(11)(d)(ii)

F379Word in Art. 15(6) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(11)(e)

F380Words in Art. 15(8) 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(11)(f)

Article 16E+S+N.I.Quality schemes for agricultural products, and foodstuffs

[F121.Support under this measure shall cover new participation, or participation in the five preceding years, by farmers and groups of farmers, in:]

(a)quality schemes established under the following Regulations and provisions:

(i)

Regulation (EU) 1151/2012 of the European Parliament and of the Council(3);

(ii)

Council Regulation (EC) No 834/2007(4);

(iii)

Regulation (EC) No 110/2008 of the European Parliament and of the Council(5);

(iv)

Council Regulation (EEC) No 1601/91(6);

(v)

Part II, Title II, Chapter I, Section 2 of Council Regulation (EU) No 1308/2013 as concerns wine.

(b)quality schemes, including farm certification schemes, for agricultural products, cotton or foodstuffs, recognised by the [F63relevant authority] as complying with the following criteria:

(i)

the specificity of the final product under such schemes is derived from clear obligations to guarantee any of the following:

  • specific product characteristics,

  • specific farming or production methods, or

  • a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;

(ii)

the scheme is open to all producers;

(iii)

the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body;

(iv)

the scheme is transparent and assures complete traceability of products; or

(c)voluntary agricultural product certification schemes recognised by the [F64relevant authority] as meeting the F65... best practice guidelines for the operation of voluntary certification schemes relating to agricultural products and foodstuffs.

[F122.Support under this measure may also cover costs arising from information and promotion activities implemented by groups of producers, concerning products covered by a quality scheme receiving support in accordance with paragraph 1 of this Article. F66...

3.Support under paragraph 1 shall be granted as an annual incentive payment, the level of which shall be determined in accordance with the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years.

In the case of initial participation prior to the application for support under paragraph 1, the maximum duration of five years shall be reduced by the number of years which have elapsed between the initial participation in a quality scheme and the time of the application for the support.

For the purposes of this paragraph, ‘fixed costs’ means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme.

For the purposes of this Article, ‘farmer’ means active farmer within the meaning of Article 9 of Regulation (EU) No 1307/2013 F67....]

4.Support shall be limited to the maximum support rate and amount laid down in Annex II.

5.In order to take into account new [F68statutory requirements] that may affect support under this measure and in order to ensure consistency with other [F69EU-derived domestic legislation or retained direct EU legislation] on promotion of agricultural measures and prevent distortion of competition, the [F70appropriate authority may make regulations] concerning, the specific F71... schemes to be covered by point (a) of paragraph 1 and the characteristics of groups of producers and the types of actions that may receive support under paragraph 2, the setting of conditions to prevent discrimination against certain products; and the setting of conditions on the basis of which commercial brands are to be excluded from support.

Extent Information

E8This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 16WQuality schemes for agricultural products, and foodstuffs

[F3811.Support under this measure [F382may] cover new participation, or participation in the five preceding years, by farmers and groups of farmers [F383and food processors], in:]

(a)quality schemes established under the following Regulations and provisions:

(i)

Regulation (EU) 1151/2012 of the European Parliament and of the Council(3);

(ii)

Council Regulation (EC) No 834/2007(4);

(iii)

Regulation (EC) No 110/2008 of the European Parliament and of the Council(5);

(iv)

Council Regulation (EEC) No 1601/91(6);

(v)

Part II, Title II, Chapter I, Section 2 of Council Regulation (EU) No 1308/2013 as concerns wine.

(b)quality schemes, including farm certification schemes, for agricultural products, cotton or foodstuffs, recognised by the [F384relevant authority] as complying with the following criteria:

(i)

the specificity of the final product under such schemes is derived from clear obligations to guarantee any of the following:

  • specific product characteristics,

  • specific farming or production methods, or

  • a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;

(ii)

the scheme is open to all producers;

(iii)

the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body;

(iv)

the scheme is transparent and assures complete traceability of products; or

(c)voluntary agricultural product certification schemes recognised by the [F385relevant authority] as meeting the F386... best practice guidelines for the operation of voluntary certification schemes relating to agricultural products and foodstuffs.

[F3812.Support under this measure may also cover costs arising from information and promotion activities implemented by groups of producers, concerning products covered by a quality scheme receiving support in accordance with paragraph 1 of this Article. F387...

3.Support under paragraph 1 shall be granted as an annual incentive payment, the level of which shall be determined in accordance with the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years.

In the case of initial participation prior to the application for support under paragraph 1, the maximum duration of five years shall be reduced by the number of years which have elapsed between the initial participation in a quality scheme and the time of the application for the support.

For the purposes of this paragraph, ‘fixed costs’ means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme.

F388... ]

F3894.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.In order to take into account new [F390statutory requirements] that may affect support under this measure and in order to ensure consistency with other [F391EU-derived domestic legislation or retained direct EU legislation] on promotion of agricultural measures and prevent distortion of competition, the [F392appropriate authority may make regulations] concerning, the specific F393... schemes to be covered by point (a) of paragraph 1 and the characteristics of groups of producers and the types of actions that may receive support under paragraph 2, the setting of conditions to prevent discrimination against certain products; and the setting of conditions on the basis of which commercial brands are to be excluded from support.

Extent Information

E38This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F382Word in Art. 16(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(12)(a)(i)

F383Words in Art. 16(1) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(12)(a)(ii)

F388Words in Art. 16(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(12)(b)

F389Art. 16(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(12)(c)

Article 17E+S+N.I.Investments in physical assets

1.Support under this measure shall cover tangible and/or intangible investments which:

(a)improve the overall performance and sustainability of the agricultural holding;

[F12(b)concern the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex; where support is provided in the form of financial instruments, the input may also be a product not covered by that Annex on condition that the investment contributes to one or more of the F72... priorities for rural development;]

(c)concern infrastructure related to the development, modernisation or adaptation of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, and the supply and saving of energy and water; or

(d)are non -productive investments linked to the achievement of agri- environment -climate objectives as pursued under this regulation, including biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a Natura 2000 area or other high nature value systems to be defined in the programme.

2.Support under point (a) of paragraph 1 shall be granted to farmers or groups of farmers.

In the case of investments to support farm restructuring, [F73the relevant authority] shall target the support to farms in accordance with the SWOT analysis carried out in relation to the F72... priority for rural development "enhancing farm viability and competitiveness of all types of agriculture in all regions and promoting innovative farm technologies and sustainable management of forests".

3.Support under points (a) and (b) of paragraph 1 shall be limited to the maximum support rates laid down in Annex II. Those maximum rates may be increased for young farmers, for collective investments, including those linked to a merger of Producer Organisations, and for integrated projects involving support under more than one measure, for investments in areas facing natural and other specific constraints as referred to in Article 32, for investments linked to operations under Articles 28 and 29 and for operations supported in the framework of the EIP for agricultural productivity and sustainability in accordance with the support rates laid down in Annex II. However, the maximum combined support rate may not exceed 90 %.

4.Support under points (c) and (d) of paragraph 1 shall be subject to the support rates laid down in Annex II.

[F125.Support may be granted to young farmers setting up for the first time in an agricultural holding as head of the holding in respect of investments to comply with F72... standards applying to agricultural production, including occupational safety. Such support may be provided for a maximum of 24 months from the date of setting up as set out in the rural development programme, or until the actions defined in the business plan referred to in Article 19(4) are completed.]

6.Where [F74the law as it applies in the constituent nation] imposes new requirements on farmers support may be granted for investments to comply with those requirements for a maximum of 12 months from the date on which they become mandatory for the agricultural holding.

Extent Information

E9This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 17WInvestments in physical assets

1.Support under this measure [F394may] cover tangible and/or intangible investments which:

(a)improve the overall performance and sustainability of the agricultural holding [F395, or those involved in food processing];

[F396(b)concern the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products; the output of the production process may be a product not covered by that Annex; where support is provided in the form of financial instruments, the input may also be a product not covered by that Annex on condition that the investment contributes to one or more of the F397... priorities for rural development;]

(c)concern infrastructure related to the development, modernisation or adaptation of agriculture and forestry, including access to farm and forest land, land consolidation and improvement, and the supply and saving of energy and water; F398...

(d)are non -productive investments linked to the achievement of agri- environment -climate objectives as pursued under this regulation, including biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a Natura 2000 area or other high nature value systems to be defined in the programme [F399; or

(e)are investments linked to activities to protect, conserve, promote and enhance the historic environment as a resource for the general well-being of present and future generations].

2.Support under point (a) of paragraph 1 shall be granted to farmers or groups of farmers [F400or those involved in food processing].

In the case of investments to support farm restructuring, [F401the relevant authority] shall target the support to farms in accordance with the SWOT analysis carried out in relation to the F397... priority for rural development "enhancing farm viability and competitiveness of all types of agriculture in all regions and promoting innovative farm technologies and sustainable management of forests".

F4023.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4034.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3965.Support may be granted to young farmers setting up for the first time in an agricultural holding as head of the holding in respect of investments to comply with F397... standards applying to agricultural production, including occupational safety. Such support may be provided for a maximum of 24 months from the date of setting up as set out in the rural development programme, or until the actions defined in the business plan referred to in Article 19(4) are completed.]

6.Where [F404the law as it applies in the constituent nation] imposes new requirements on farmers support may be granted for investments to comply with those requirements for a maximum of 12 months from the date on which they become mandatory for the agricultural holding.

Extent Information

E39This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F394Word in Art. 17(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(13)(a)(i)

F395Words in Art. 17(1)(a) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(13)(a)(ii)

F398Word in Art. 17(1)(c) 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(13)(a)(iii)

F399Art. 17(1)(e) and preceding word inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(13)(a)(iv)

F400Words in Art. 17(2) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(13)(b)

F402Art. 17(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(13)(c)

F403Art. 17(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(13)(c)

Article 18U.K.Restoring agricultural production potential damaged by natural disasters and catastrophic events and introduction of appropriate prevention actions

1.Support under this measure shall cover:

(a)investments in preventive actions aimed at reducing the consequences of probable natural disasters, adverse climatic events and catastrophic events;

(b)investments for the restoration of agricultural land and production potential damaged by natural disasters, adverse climatic events and catastrophic events.

2.Support shall be granted to farmers or groups of farmers. Support may also be granted to public entities where a link between the investment undertaken by such entities and agricultural production potential is established.

[X13.Support under point (b) of paragraph 1 shall be subject to the formal recognition by the competent public authorities F75... that a natural disaster has occurred and that this disaster or [F76requirements which apply by virtue of Council Directive 2000/29/EC](7) to eradicate or contain a plant disease or pest have caused the destruction of at least 30 % of the relevant agricultural potential.]

4.No support under this measure shall be granted for loss of income resulting from the natural disaster or catastrophic event.

[F77The relevant authority] shall ensure that overcompensation as a result of the combination of this measure and [F78support under Regulation 508/2014 or direct payment support] or private insurance schemes is avoided.

[F795.Support under point (a) of paragraph 1 shall be limited to the maximum support rates laid down in Annex II.]

Editorial Information

Textual Amendments

F79Art. 18(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(14)

Article 19E+S+N.I.Farm and business development

1.Support under this measure shall cover:

(a)business start-up aid for:

(i)

young farmers;

(ii)

non-agricultural activities in rural areas;

(iii)

the development of small farms;

(b)investments in creation and development of non-agricultural activities;

(c)annual payments or one-off payments for farmers eligible for the small farmers scheme established by Title V of Regulation (EU) No 1307/2013 ("the small farmers scheme") who permanently transfer their holding to another farmer;

2.Support under point (a)(i) of paragraph 1 shall be granted to young farmers.

Support under point (a)(ii) of paragraph 1 shall be granted to farmers or members of a farm household who diversify into non-agricultural activities and to micro- and small- enterprises and natural persons in rural areas.

Support under point (a)(iii) of paragraph 1 shall be granted to small farms as defined by [F80the relevant authority].

Support under point (b) of paragraph 1 shall be granted to micro- and small enterprises and natural persons in rural areas, as well as to farmers or members of a farm household.

Support under point (c) of paragraph 1 shall be granted to farmers eligible to participate in the small farmers scheme who, at the time of submitting their application for support, have been so eligible for at least one year and who undertake to permanently transfer their entire holding and the corresponding payment entitlements to another farmer. Support shall be paid from the date of the transfer until 31 December 2020 or calculated in respect of that period and paid in the form of a one-off payment.

3.Any natural or legal person or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, may be considered to be a member of a farm household, with the exception of farm workers. Where a legal person or a group of legal persons is considered to be a member of the farm household, that member must exercise an agricultural activity on the farm at the time of the support application.

[F124.The application for support under point (a)(i) of paragraph 1 shall be submitted at the latest 24 months after the date of setting up.

Support under point (a) of paragraph 1 shall be conditional on the submission of a business plan. Implementation of the business plan shall start at the latest within nine months from the date of the decision granting the aid. The business plan shall have a maximum duration of five years.

The business plan shall provide that the young farmer is to comply with Article 9 of Regulation (EU) No 1307/2013, as applicable in the [F81relevant authority] concerned, within 18 months from the date of the decision granting the aid.

[F82The relevant authority] shall define the action(s) referred to in point (s) of Article 2(1) in the rural development programmes.

[F82The relevant authority] shall define upper and lower thresholds per beneficiary or holding for allowing access to support under points (a)(i) and (a)(iii) of paragraph 1. The lower threshold for support under point (a)(i) of paragraph 1 shall be higher than the upper threshold for support under point (a)(iii) of paragraph 1. Support shall be limited to holdings falling within the definition of micro and small enterprises.]

[F154a.By way of derogation from Article 37(1) of Regulation (EU) No 1303/2013, support under point (a)(i) of paragraph 1 of this Article may also be provided in the form of financial instruments, or as a combination of grants and financial instruments.]

[F125.Support under point (a) of paragraph 1 shall be paid in at least two instalments. Instalments may be degressive. The payment of the last instalment under points (a)(i) and (a)(ii) of paragraph 1 shall be conditional upon the correct implementation of the business plan.]

6.The maximum amount of support under point (a) of paragraph 1 is laid down in Annex II. [F82The relevant authority] shall define the amount of support under points (a)(i) and (a)(ii) of paragraph 1 also taking into account the socio-economic situation of the programme area.

7.Support under point (c) of paragraph 1 shall be equal to 120 % of the annual payment that the beneficiary is eligible to receive under the small farmers scheme.

8.In order to ensure the efficient and effective use of [F83support for rural development], the [F84appropriate authority may make regulations] laying down the minimum content of business plans and the criteria to be used F85... for setting the thresholds referred to in paragraph 4 of this Article.

Extent Information

E10This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 19WFarm and business development

1.Support under this measure shall cover:

(a)business start-up aid for:

(i)

young farmers;

(ii)

non-agricultural activities in rural areas;

(iii)

the development of small farms;

(b)investments in creation and development of non-agricultural activities;

F405(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.Support under point (a)(i) of paragraph 1 shall be granted to young farmers.

Support under point (a)(ii) of paragraph 1 shall be granted to farmers or members of a farm household who diversify into non-agricultural activities and to micro- and small- enterprises and natural persons in rural areas.

Support under point (a)(iii) of paragraph 1 shall be granted to small farms as defined by [F406the relevant authority].

Support under point (b) of paragraph 1 shall be granted to micro- and small enterprises and natural persons in rural areas, as well as to farmers or members of a farm household.

F407...

3.Any natural or legal person or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, may be considered to be a member of a farm household, with the exception of farm workers. Where a legal person or a group of legal persons is considered to be a member of the farm household, that member must exercise an agricultural activity on the farm at the time of the support application.

[F4084.The application for support under point (a)(i) of paragraph 1 shall be submitted at the latest 24 months after the date of setting up.

Support under point (a) of paragraph 1 shall be conditional on the submission of a business plan. Implementation of the business plan shall start at the latest within nine months from the date of the decision granting the aid. The business plan shall have a maximum duration of five years.

The business plan shall provide that the young farmer is to comply with Article 9 of Regulation (EU) No 1307/2013F409... within 18 months from the date of the decision granting the aid.

[F410The relevant authority] shall define the action(s) referred to in point (s) of Article 2(1) in the rural development programmes.

[F410The relevant authority] shall define upper and lower thresholds per beneficiary or holding for allowing access to support under points (a)(i) and (a)(iii) of paragraph 1. The lower threshold for support under point (a)(i) of paragraph 1 shall be higher than the upper threshold for support under point (a)(iii) of paragraph 1. Support shall be limited to holdings falling within the definition of micro and small enterprises.]

[F4114a.By way of derogation from Article 37(1) of Regulation (EU) No 1303/2013, support under point (a)(i) of paragraph 1 of this Article may also be provided in the form of financial instruments, or as a combination of grants and financial instruments.]

[F4085.Support under point (a) of paragraph 1 shall be paid in at least two instalments. Instalments may be degressive. The payment of the last instalment under points (a)(i) and (a)(ii) of paragraph 1 shall be conditional upon the correct implementation of the business plan.]

6.F412... [F410The relevant authority] shall define the amount of support under points (a)(i) and (a)(ii) of paragraph 1 also taking into account the socio-economic situation of the programme area.

F4137.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.In order to ensure the efficient and effective use of [F414support for rural development], the [F415appropriate authority may make regulations] laying down the minimum content of business plans and the criteria to be used F416... for setting the thresholds referred to in paragraph 4 of this Article.

Extent Information

E40This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F405Art. 19(1)(c) 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(15)(a)

F407Words in Art. 19(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(15)(b)

F409Words in Art. 19(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(15)(c)

F412Words in Art. 19(6) 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(15)(d)

F413Art. 19(7) 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(15)(e)

Article 20E+S+N.I.Basic services and village renewal in rural areas

1.Support under this measure shall cover, in particular:

(a)the drawing up and updating of plans for the development of municipalities and villages in rural areas and their basic services and of protection and management plans relating to Natura 2000 sites and other areas of high nature value;

(b)investments in the creation, improvement or expansion of all types of small scale infrastructure, including investments in renewable energy and energy saving;

(c)broadband infrastructure, including its creation, improvement and expansion, passive broadband infrastructure and provision of access to broadband and public e-government solutions;

(d)investments in the setting up, improvement or expansion of local basic services for the rural population, including leisure and culture, and the related infrastructure;

(e)investments for public use in recreational infrastructure, tourist information and small scale tourism infrastructure;

(f)studies and investments associated with the maintenance, restoration and upgrading of the cultural and natural heritage of villages, rural landscapes and high nature value sites, including related socio-economic aspects, as well as environmental awareness actions;

(g)investments targeting the relocation of activities and conversion of buildings or other facilities located within or close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the settlement.

2.Support under this measure shall only concern small-scale infrastructure, as defined by each [F86relevant authority] in the programme. However, rural development programmes may provide for specific derogations from this rule for investments in broadband and renewable energy. In this case, clear criteria ensuring complementarity with support under other [F87support under Regulation 508/2014 or direct payment support] shall be provided.

3.Investments under paragraph 1 shall be eligible for support where the relevant operations are implemented in accordance with plans for the development of municipalities and villages in rural areas and their basic services, where such plans exist and shall be consistent with any relevant local development strategy.

[F154.Paragraphs 2 and 3 shall not apply where support is provided in the form of financial instruments.]

Extent Information

E11This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 20WBasic services and village renewal in rural areas

1.Support under this measure shall cover, in particular:

(a)the drawing up and updating of plans for the development of municipalities and villages in rural areas and their basic services and of protection and management plans relating to Natura 2000 sites and other areas of high nature value;

(b)investments in the creation, improvement or expansion of all types of small scale infrastructure, including investments in renewable energy and energy saving;

(c)broadband infrastructure, including its creation, improvement and expansion, passive broadband infrastructure and provision of access to broadband and public e-government solutions;

(d)investments in the setting up, improvement or expansion of local basic services for the rural population, including leisure and culture, and the related infrastructure;

(e)investments for public use in recreational infrastructure, tourist information and small scale tourism infrastructure;

(f)studies and investments associated with the maintenance, restoration and upgrading of the cultural and natural heritage of villages, rural landscapes and high nature value sites, including related socio-economic aspects, as well as environmental awareness actions;

(g)investments targeting the relocation of activities and conversion [F417and adaptive reuse] of buildings or other facilities located within or close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the settlement;

[F418(h)investments in infrastructure or activities to protect, conserve, promote and enhance the historic environment as a resource for the general well-being of present and future generations.]

[F4192.Support under this measure shall only concern small-scale infrastructure and services, as defined by each relevant authority. However, the rural development programme may provide for specific derogations from this rule for investments in broadband and renewable energy.]

3.Investments under paragraph 1 shall be eligible for support where the relevant operations are implemented in accordance with plans for the development of municipalities and villages in rural areas and their basic services, where such plans exist and shall be consistent with any relevant local development strategy.

[F4204.Paragraphs 2 and 3 shall not apply where support is provided in the form of financial instruments.]

Extent Information

E41This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F417Words in Art. 20(1)(g) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(16)(a)(i)

F418Art. 20(1)(h) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(16)(a)(ii)

F419Art. 20(2) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(16)(b)

Article 21E+S+N.I.Investments in forest area development and improvement of the viability of forests

1.Support under this measure shall concern:

(a)afforestation and creation of woodland;

(b)establishment of agroforestry systems;

(c)prevention and restoration of damage to forests from forest fires, natural disasters and catastrophic events, including pest and disease outbreaks, and climate related threats;

(d)investments improving the resilience and environmental value as well as the mitigation potential of forest ecosystems;

(e)investments in forestry technologies and in the processing, the mobilising and the marketing of forest products.

2.F88...

For holdings above a certain size, to be determined by the [F89relevant authority] in the programme, support shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993.

Extent Information

E12This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 21WInvestments in forest area development and improvement of the viability of forests

1.Support under this measure shall concern:

(a)afforestation and creation of woodland;

(b)establishment of agroforestry systems;

(c)prevention and restoration of damage to forests from forest fires, natural disasters and catastrophic events, including pest and disease outbreaks, and climate related threats;

[F421(d)investments in the sustainable management of woodlands;]

[F422(e)investments which contribute to the development of a National Forest in Wales;

(f)investments improving the resilience and environmental value as well as the mitigation potential of forest ecosystems;

(g)investments in forestry technologies and in the processing, the mobility and marketing of forest products;

(h)investments to protect, conserve, promote and enhance the historic environment within forest areas.]

2.F423...

For holdings above a certain size, to be determined by the [F424relevant authority] in the programme, support shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993.

Extent Information

E42This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F421Art. 21(1)(d) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(17)(a)

F422Art. 21(1)(e)-(h) substituted for Art. 21(1)(e) (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(17)(b)

Article 22E+S+N.I.Afforestation and creation of woodland

1.Support under point (a) of Article 21(1) shall be granted to public and private land-holders-and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of agricultural income foregone and maintenance, including early and late cleanings, for a maximum period of twelve years. In the case of state-owned land, support may only be granted if the body managing such land is a private body or a municipality.

Support for afforestation of land owned by public authorities or for fast growing trees shall cover only the costs of establishment.

2.Both agricultural and non-agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and shall comply with minimum environmental requirements. No support shall be granted for the planting of trees for short rotation coppicing, Christmas trees or fast growing trees for energy production. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions.

3.In order to ensure that afforestation of agricultural land is in line with the aims of environmental policy, the [F90appropriate authority may make regulations] concerning the definition of the minimum environmental requirements referred to in paragraph 2 of this Article.

Extent Information

E13This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 22WAfforestation and creation of woodland

[F4251.Support under point (a) of Article 21(1) shall be granted to public and private land-holders and their associations and may cover the costs of establishments (including planning costs) and an annual premium per hectare to cover the costs of agricultural income foregone and maintenance, including early and late cleanings and/or payments for the public benefits derived from woodlands for a maximum period of twelve years. In the case of state owned land, support may only be granted if the body managing such land is a private body or municipality.]

2.Both agricultural and non-agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and shall comply with minimum environmental requirements. No support shall be granted for the planting of trees for short rotation coppicing, Christmas trees or fast growing trees for energy production. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions.

3.In order to ensure that afforestation of agricultural land is in line with the aims of environmental policy, the [F426appropriate authority may make regulations] concerning the definition of the minimum environmental requirements referred to in paragraph 2 of this Article.

Extent Information

E43This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F425Art. 22(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(18)

[F12Article 23]E+S+N.I. Establishment, regeneration or renovation of agroforestry systems

[F121.Support under point (b) of Article 21(1) shall be granted to private land-holders, municipalities and their associations and shall cover the costs of establishment, regeneration and/or renovation and an annual premium per hectare to cover the costs of maintenance for a maximum period of five years.]

2.For the purposes of this Article, agroforestry systems means land use systems in which trees are grown in combination with agriculture on the same land. The minimum and maximum number of trees per hectare shall be determined by the [F91relevant authority] taking account of local pedo-climatic and environmental conditions, forestry species and the need to ensure sustainable agricultural use of the land.

3.Support shall be limited to the maximum support rate laid down in Annex II.

Extent Information

E14This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

[F427Article 23]W Establishment, regeneration or renovation of agroforestry systems

[F4271.Support under point (b) of Article 21(1) shall be granted to private land-holders, municipalities and their associations and [F428may] cover the costs of establishment, regeneration and/or renovation and an annual premium per hectare to cover the costs of maintenance [F429and/or payments for the public benefits derived from the woodlands].]

2.For the purposes of this Article, agroforestry systems means land use systems in which trees are grown in combination with agriculture on the same land. The minimum and maximum number of trees per hectare shall be determined by the [F430relevant authority] taking account of local pedo-climatic and environmental conditions, forestry species and the need to ensure sustainable agricultural use of the land.

F4313.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E44This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F428Word in Art. 23(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(19)(a)(i)

F429Words in Art. 23(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(19)(a)(ii)

F431Art. 23(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(19)(b)

Article 24U.K.Prevention and restoration of damage to forests from forest fires and natural disasters and catastrophic events

1.Support under point (c) Article 21(1) shall be granted to private and public forest- holders and other private law and public bodies and their associations and shall cover the costs for:

(a)the establishment of protective infrastructure. In the case of firebreaks, support may also cover aid contributing to maintenance costs. No support shall be granted to agricultural related activities in areas covered by agri-environment commitments;

(b)local, small scale prevention activities against fire or other natural hazards; including the use of grazing animals;

(c)establishing and improving forest fire, pest and diseases monitoring facilities and communication equipment; and

(d)restoring forest potential damaged from fires and other natural disasters including pests, diseases as well as catastrophic events and climate change related events.

2.In the case of preventive actions concerning pests and diseases, the risk of a relevant disaster occurrence must be supported by scientific evidence and acknowledged by scientific public organisations. Where relevant, the list of species of organisms harmful to plants which may cause a disaster must be provided in the programme.

Eligible operations shall be consistent with the forest protection plan established by the [F92relevant authority]. For holdings above a certain size, to be determined by the [F92relevant authority] in the programme, support shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993 detailing the preventive objectives.

Forest areas classified as medium to high forest fire risk according to the forest protection plan established by the [F92relevant authority] shall be eligible for support relating to forest fire prevention.

3.Support under point (d) of paragraph 1 shall be subject to the formal recognition by the competent public authorities of [F93the relevant authority] that a natural disaster has occurred and that that disaster, or [F94requirements which apply as a consequence of the implementation of Council Directive 2000/29/EC] to eradicate or contain a plant disease or pest has caused the destruction of at least 20 % of the relevant forest potential.

4.No support under this measure shall be granted for loss of income resulting from the natural disaster.

[F95The relevant authority] shall ensure that overcompensation as a result of the combination of this measure and other F96... support instruments or private insurance schemes is avoided.

Textual Amendments

Article 25E+S+N.I.Investments improving the resilience and environmental value of forest ecosystems

1.Support under point (d) of Article 21(1) shall be granted to natural persons, private and public forest-holders, and other private law and public bodies and their associations.

2.Investments shall be aimed at the achievement of commitments for environmental aims, for the provision of ecosystem services and/or for the enhancement of the public amenity value of forest and wooded land in the area concerned or the improvement of the climate change mitigation potential of ecosystems, without excluding economic benefits in the long term.

Extent Information

E15This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Article 25WInvestments improving the resilience and environmental value of forest ecosystems

1.Support under point (d) of Article 21(1) shall be granted to natural persons, private and public forest-holders, and other private law and public bodies and their associations.

2.Investments shall be aimed at the achievement of commitments for environmental aims, for the provision of ecosystem services and/or for the enhancement of the [F432historic environment and the] historic environment and the public amenity value of forest and wooded land in the area concerned or the improvement of the climate change mitigation potential of ecosystems, without excluding economic benefits in the long term.

Extent Information

E45This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F432Words in Art. 25(2) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(20)

Article 26E+S+N.I.Investments in forestry technologies and in processing, in mobilising and in the marketing of forest products

[X11.Support under point (e) of Article 21(1) shall be granted to private forest- holders, municipalities and their associations and to SMEs for investments enhancing forestry potential or relating to processing, mobilising and marketing adding value to forest products. F97...]

2.Investments related to the improvement of the economic value of forests shall be justified in relation to expected improvements to forests on one or more holdings and may include investments for soil-friendly and resource -friendly harvesting machinery and practices.

3.Investments related to the use of wood as a raw material or energy source shall be limited to all working operations prior to industrial processing.

4.Support shall be limited to the maximum support rates laid down in Annex II.

Editorial Information

Extent Information

E16This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 26WInvestments in forestry technologies and in processing, in mobilising and in the marketing of forest products

[X31.Support under point (e) of Article 21(1) shall be granted to private forest- holders, municipalities and their associations F433... for investments enhancing forestry potential or relating to processing, mobilising and marketing adding value to forest products. F434...]

2.Investments related to the improvement of the economic value of forests shall be justified in relation to expected improvements to forests on one or more holdings and may include investments for soil-friendly and resource -friendly harvesting machinery and practices.

F4353.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4364.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E46This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F433Words in Art. 26(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(21)(a)

F435Art. 26(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(21)(b)

F436Art. 26(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(21)(b)

Article 27E+S+N.I.Setting -up of producer groups and organisations

1.Support under this measure shall be granted in order to facilitate the setting up of producer groups and organisations in the agriculture and forestry sectors for the purpose of:

(a)adapting the production and output of producers who are members of such groups or organisations to market requirements;

(b)jointly placing goods on the market, including preparation for sale, centralisation of sales and supply to bulk buyers;

(c)establishing common rules on production information, with particular regard to harvesting and availability; and

(d)other activities that may be carried out by producer groups and organisations, such as the development of business and marketing skills and the organisation and facilitation of the innovation processes.

2.Support shall be granted to producer groups and organisations which are officially recognised by [F98the] competent authority on the basis of a business plan. It shall be limited to producer groups and organisations that are SMEs.

[F99The relevant authority] shall verify that the objectives of the business plan have been reached within five years after recognition of the producer group or organisation.

3.The support shall be paid on the basis of a business plan as a flat rate aid in annual instalments for no more than five years following the date on which the producer group or organisation was recognised, and shall be degressive. It shall be calculated on the basis of the annual marketed production of the group or organisation. [F100The relevant authority] shall pay the last instalment only after having verified the correct implementation of the business plan.

In the first year [F100the relevant authority] may pay support to the producer group or organisation calculated on the basis of the average annual value of the marketed production of its members over the three years before they entered the group or organisation. In the case of producer groups and organisations in the forestry sector, support shall be calculated on the basis of the average marketed production of the members of the group or organisation over the last five years before the recognition, excluding the highest and the lowest value.

4.Support shall be limited to the maximum rates and amounts laid down in Annex II.

5.[F101The relevant authority] may continue support for setting up of producer groups even after they have been recognised as producer organisations under the conditions of Regulation (EU) No 1308/2013(8).

Extent Information

E17This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 27WSetting -up of producer groups and organisations

1.Support under this measure [F437may] be granted in order to facilitate the setting up of producer groups and organisations in the agriculture [F438, food processing] and forestry sectors for the purpose of:

(a)adapting the production and output of producers who are members of such groups or organisations to market requirements;

(b)jointly placing goods on the market, including preparation for sale, centralisation of sales and supply to bulk buyers;

(c)establishing common rules on production information, with particular regard to harvesting and availability; and

(d)other activities that may be carried out by producer groups and organisations, such as the development of business and marketing skills and the organisation and facilitation of the innovation processes.

2.Support shall be granted to producer groups and organisations which are officially recognised by [F439the] competent authority on the basis of a business plan. F440...

[F441The relevant authority] shall verify that the objectives of the business plan have been reached within five years after recognition of the producer group or organisation.

3.The support shall be paid on the basis of a business plan as a flat rate aid in annual instalments for no more than five years following the date on which the producer group or organisation was recognised, and shall be degressive. It shall be calculated on the basis of the annual marketed production of the group or organisation. [F442The relevant authority] shall pay the last instalment only after having verified the correct implementation of the business plan.

In the first year [F442the relevant authority] may pay support to the producer group or organisation calculated on the basis of the average annual value of the marketed production of its members over the three years before they entered the group or organisation. In the case of producer groups and organisations in the forestry sector, support shall be calculated on the basis of the average marketed production of the members of the group or organisation over the last five years before the recognition, excluding the highest and the lowest value.

F4434.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.[F444The relevant authority] may continue support for setting up of producer groups even after they have been recognised as producer organisations under the conditions of Regulation (EU) No 1308/2013(8).

Extent Information

E47This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F437Word in Art. 27(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(22)(a)(i)

F438Words in Art. 27(1) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(22)(a)(ii)

F440Words in Art. 27(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(22)(b)

F443Art. 27(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(22)(c)

Article 28EAgri-environment-climate

1.[F102The 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 [F103the 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.[F104The 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 [F105ordinarily undertaken for at least three years. However, a commitment for a shorter period may be permitted where this is necessary and justified, and commitments may be extended after the termination of the period].

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 %.

[F12When calculating the payments referred to in the first subparagraph, [F103the 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. [F106The 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, [F103the 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.

[F129.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 F107... priorities for rural development, the [F108appropriate 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 [F109appropriate 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

Extent Information

E18This version of this provision applies to England only; separate versions have been created for Scotland and Northern Ireland and Wales

Textual Amendments

Article 28WAgri-environment-climate

1.[F445The relevant authority] shall make support under this measure available throughout [F446Wales], in accordance with F447... 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 [F448the rural development programme] shall be compulsory F449....

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 [F450the 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.[F451The 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 five to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, [F450the relevant authority] may determine a longer period in [F452the rural development programme] 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, [F450the relevant authority] may determine a shorter period in [F452the rural development programme].

F453...

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 %.

F454...

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, [F450the relevant authority] may use the procedure referred to in Article 49(3) for the selection of beneficiaries.

8.F455...

No support under this measure may be granted for commitments that are covered under the organic farming measure.

[F4569.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 F457... priorities for rural development, the [F458appropriate 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.

F45911.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E48This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F446Word in Art. 28(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(23)(a)(i)

F447Word in Art. 28(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(23)(a)(ii)

F448Words in Art. 28(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(23)(a)(iii)

F449Words in Art. 28(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(23)(a)(iv)

F452Words in Art. 28(5) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(23)(b)(i)

F453Words in Art. 28(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(23)(b)(ii)

F454Words in Art. 28(6) 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(23)(c)

F455Words in Art. 28(8) 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(23)(d)

F459Art. 28(11) 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(23)(e)

Article 28S+N.I.Agri-environment-climate

1.[F460The 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 [F461the 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.[F462The 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 [F463five][F463one] to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, [F461the 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, [F461the relevant authority] may determine a shorter period in their rural development programmes.

F464...

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 %.

[F465When calculating the payments referred to in the first subparagraph, [F461the 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. [F466The 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, [F461the 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.

[F4659.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 F467... priorities for rural development, the [F468appropriate 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.

[X411.In order to ensure that double funding, as referred to in the second subparagraph of paragraph 6 is excluded, the [F469appropriate 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

Extent Information

E49This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales

Textual Amendments

Article 29S+N.I.Organic farming

[F121.Support under this measure shall be granted, per hectare of agricultural area, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 and who are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013, as applicable in the [F110relevant authority] concerned.]

[X12.Support shall only be granted for 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, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.]

3.Commitments under this measure shall be made for a period of [F111five][F111one] to seven years. Where support is granted for conversion to organic farming [F112the relevant authority] may determine a shorter initial period corresponding to the period of conversion. Where support is granted for the maintenance of organic farming, [F112the relevant authority] may provide in their rural development programmes for annual extension after the termination of the initial period. For new commitments concerning maintenance that directly follow the commitment performed in the initial period, [F112the relevant authority] may determine a shorter period in their rural development programmes.

F113...

4.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 to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30 %.

[F12When calculating the payments referred to in the first subparagraph of this paragraph, [F112the 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. [F114The relevant authority] may calculate the deduction as a fixed, average amount applied to all beneficiaries concerned carrying out the sub-measures concerned.]

5.Support shall be limited to the maximum amounts laid down in Annex II.

6.In order to ensure that double funding, as referred to in the second subparagraph of paragraph 4 is excluded, the [F115appropriate authority may make regulations] laying down the calculation method to be used.

Editorial Information

Extent Information

E19This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales

Textual Amendments

Article 29WOrganic farming

[F4701.Support under this measure shall be granted, per hectare of agricultural area, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 F471....]

[X52.Support shall only be granted for 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, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.]

3.Commitments under this measure shall be made for a period of five to seven years. Where support is granted for conversion to organic farming [F472the relevant authority] may determine a shorter initial period corresponding to the period of conversion. Where support is granted for the maintenance of organic farming, [F472the relevant authority] may provide in [F473the rural development programme] for annual extension after the termination of the initial period. For new commitments concerning maintenance that directly follow the commitment performed in the initial period, [F472the relevant authority] may determine a shorter period in [F473the rural development programme].

[F474For new commitments to be undertaken from 2021, [F472the relevant authority] shall determine a shorter period of one to three years in [F473the rural development programme].

If [F472the relevant authority] provide for an annual extension for the maintenance of organic farming 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, where support is granted for conversion to organic farming, [F472 the relevant authority] may determine a period of longer than three years in [F473the rural development programme].]

4.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 to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30 %.

F475...

F4765.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4776.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E50This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F471Words in Art. 29(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(24)(a)

F473Words in Art. 29(3) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(24)(b)

F475Words in Art. 29(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(24)(c)

F476Art. 29(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(24)(d)

F477Art. 29(6) 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(24)(d)

Article 29EOrganic farming

[F4781.Support under this measure shall be granted, per hectare of agricultural area, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 and who are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013, as applicable in the [F479relevant authority] concerned.]

[X62.Support shall only be granted for 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, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.]

3.Commitments under this measure shall [F480ordinarily be made for at least three years. However, a commitment for a shorter period may be permitted where this is necessary and justified]. Where support is granted for conversion to organic farming [F481the relevant authority] may determine a shorter initial period corresponding to the period of conversion. Where support is granted for the maintenance of organic farming, [F481the relevant authority] may provide F482... for [F483their] extension after the termination of the initial period. For new commitments concerning maintenance that directly follow the commitment performed in the initial period, [F481the relevant authority] may determine a shorter period F482....

F484...

4.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 to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30 %.

[F478When calculating the payments referred to in the first subparagraph of this paragraph, [F481the 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. [F485The relevant authority] may calculate the deduction as a fixed, average amount applied to all beneficiaries concerned carrying out the sub-measures concerned.]

5.Support shall be limited to the maximum amounts laid down in Annex II.

6.In order to ensure that double funding, as referred to in the second subparagraph of paragraph 4 is excluded, the [F486appropriate authority may make regulations] laying down the calculation method to be used.

Editorial Information

Extent Information

E51This version of this provision applies to England only; separate versions have been created for Scotland and Northern Ireland and Wales

Textual Amendments

Article 30E+S+N.I.Natura 2000 and Water Framework Directive payments

1.Support under this measure shall be granted annually per hectare of agricultural area or per hectare of forest in order to compensate beneficiaries for additional costs and income foregone resulting from disadvantages in the areas concerned, related to [F116requirements on beneficiaries which apply as a consequence of the implementation of Directives 92/43/EEC and 2009/147/EC and the Water Framework Directive].

[F12When calculating the payments related to the support referred to in the first subparagraph, [F117the 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. [F118The relevant authority] may calculate the deduction as a fixed, average amount applied to all beneficiaries concerned carrying out the sub-measures concerned.]

2.Support shall be granted to farmers and to private forest holders and associations of private forest holders. In duly justified cases it may also be granted to other land managers.

[X13.Support to farmers, linked to Directives 92/43/EEC and 2009/147/EC shall only be granted in relation to disadvantages resulting from requirements that go beyond the good agricultural and environmental condition provided for in Article 94 and Annex II of Council Regulation (EU) No 1306/2013 and the relevant criteria and minimum activities established pursuant to points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013.]

4.Support to farmers, linked to the Water Framework Directive shall only be granted in relation to specific requirements that:

(a)were introduced by the Water Framework Directive, are in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of that Directive and go beyond the measures required to implement other [F119law as it applies in the constituent nation] for the protection of water;

(b)go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Chapter I of Title VI of Regulation (EU) No 1306/2013 and 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;

(c)go beyond the level of protection of the [F120law as it applied in the constituent nation] existing at the time the Water Framework Directive was adopted F121... ; and

(d)impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income.

5.The requirements referred to in paragraphs 3 and 4 shall be identified in the programme.

6.The following areas shall be eligible for payments:

(a)Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC;

(b)other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC, provided that, per rural development programme, those areas do not exceed 5 % of the designated Natura 2000 areas covered by its territorial scope;

(c)agricultural areas included in river basin management plans according to the Water Framework Directive.

7.Support shall be limited to the maximum amounts laid down in Annex II.

8.In order to ensure that double funding, as referred to in the second subparagraph of paragraph 1 is excluded, the [F122appropriate authority may make regulations] laying down the calculation method to be used.

Editorial Information

Extent Information

E20This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 30WNatura 2000 and Water Framework Directive payments

1.Support under this measure shall be granted annually per hectare of agricultural area or per hectare of forest in order to compensate beneficiaries for additional costs and income foregone resulting from disadvantages in the areas concerned, related to [F487requirements on beneficiaries which apply as a consequence of the implementation of Directives 92/43/EEC and 2009/147/EC and the Water Framework Directive].

F488...

2.Support shall be granted to farmers and to private forest holders and associations of private forest holders. In duly justified cases it may also be granted to other land managers.

[X73.Support to farmers, linked to Directives 92/43/EEC and 2009/147/EC shall only be granted in relation to disadvantages resulting from requirements that go beyond the good agricultural and environmental condition provided for in Article 94 and Annex II of Council Regulation (EU) No 1306/2013 and the relevant criteria and minimum activities established pursuant to points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013.]

4.Support to farmers, linked to the Water Framework Directive shall only be granted in relation to specific requirements that:

(a)were introduced by the Water Framework Directive, are in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of that Directive and go beyond the measures required to implement other [F489law F490...] for the protection of water;

(b)go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Chapter I of Title VI of Regulation (EU) No 1306/2013 and 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;

(c)go beyond the level of protection of the [F491law]F492... at the time the Water Framework Directive was adopted F493... ; and

(d)impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income.

5.The requirements referred to in paragraphs 3 and 4 shall be identified in the programme.

6.The following areas shall be eligible for payments:

(a)Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC;

(b)other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC, provided that, per rural development programme, those areas do not exceed 5 % of the designated Natura 2000 areas covered by its territorial scope;

(c)agricultural areas included in river basin management plans according to the Water Framework Directive.

F4947.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4958.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E52This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F488Words in Art. 30(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(25)(a)

F490Words in Art. 30(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(25)(b)(i)

F492Words in Art. 30(4)(c) 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(25)(b)(ii)

F494Art. 30(7) 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(25)(c)

F495Art. 30(8) 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(25)(c)

Article 31E+N.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.

[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, [F123the 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 F124... .]

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.[F125The 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, [F126the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:

(a)[F127the 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.

[F125.In addition to the payments provided for in paragraph 2, [F128the 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 [F129relevant authority] can continue payments at this level until the phasing out period is completed.]

[F130By 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.

F1316.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E21This version of this provision applies to England and Northern Ireland only; separate versions have been created for Wales and Scotland

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.

[X8Additional 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, [F496the 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.

[F4972.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 F498... .]

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.[F499The 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, [F500the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:

(a)[F501the 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.

[F5025.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.]

F5036.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E53This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

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.

[X9Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraintsF504....]

When calculating additional costs and income foregone, [F505the 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.

[F5062.Payments shall be granted to farmers who undertake to pursue their farming activity in the areas designated pursuant to Article 32 F507...F508... .]

F5093.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.[F510The relevant authority] shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programmeF511....

In the case of a legal person, or a group of natural or legal persons, [F512the relevant authority] may apply the degressivity of payments at the level of the members of these legal persons or groups on condition that:

(a)[F513the law F514...] 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.

F5155.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5166.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

Extent Information

E54This version of this provision applies to Wales only; separate versions have been created for England and Northern Ireland and Scotland

Textual Amendments

F504Words 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)

F507Words 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)

F509Art. 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)

F511Words 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)

F514Words 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)

F515Art. 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 32U.K.Designation of areas facing natural and other specific constraints

1.[F132The relevant authority] shall, on the basis of paragraphs 2, 3 and 4, designate areas eligible for payments provided for in Article 31 under the following categories:

(a)mountain areas;

(b)areas, other than mountain areas, facing significant natural constraints; and

(c)other areas affected by specific constraints.

2.In order to be eligible for payments under Article 31, mountain areas shall be characterized by a considerable limitation of the possibilities for using the land and by an appreciable increase in production costs due to:

(a)the existence, because of altitude, of very difficult climatic conditions, the effect of which is to substantially shorten the growing season;

(b)at a lower altitude, the presence over the greater part of the area in question of slopes too steep for the use of machinery or requiring the use of very expensive special equipment, or a combination of these two factors, where the constraints resulting from each taken separately are less acute but the combination of the two gives rise to an equivalent constraints.

F133...

3.In order to be eligible for payments under Article 31, areas, other than mountain areas, shall be considered to be facing significant natural constraints if, at least 60 % of the agricultural area meets at least one of the criteria listed in Annex III at the threshold value indicated.

Compliance with those conditions shall be ensured at the level of local administrative units ("LAU 2" level) or at the level of a clearly delineated local unit which covers a single clear contiguous geographical area with a definable economic and administrative identity.

When delimiting the areas concerned by this paragraph, [F134the relevant authority] shall carry out a fine-tuning exercise, based on objective criteria, with the purpose of excluding areas in which significant natural constraints, referred to in the first subparagraph have been documented but have been overcome by investments or by, economic activity, or by evidence of normal land productivity, or in which production methods or farming systems have offset the income loss or added costs referred to in Article 31(1).

4.Areas other than those referred to in paragraphs 2 and 3 shall be eligible for payments under Article 31 if they are affected by specific constraints and if it is necessary for land management to be continued in order to conserve or improve the environment, to maintain the countryside, to preserve the tourist potential of the area or to protect the coastline.

Areas affected by specific constraints shall comprise farming areas within which the natural production conditions are similar and the total extent of which does not exceed 10 % of the area of the [F135constituent nation] concerned.

In addition, areas may also be eligible for payments under this paragraph, where:

  • at least 60 % of the agricultural area meets at least two of the criteria listed in Annex III each within a margin of not more than 20 % of the threshold value indicated, or

  • at least 60 % of the agricultural area is composed of areas meeting at least one of the criteria listed in Annex III at the threshold value indicated, and areas meeting at least two of the criteria listed in Annex III each within a margin of not more than 20 % of the threshold value indicated.

Compliance with those conditions shall be ensured at LAU2 level or at the level of a clearly delineated local unit which covers a single clear contiguous geographical area with a definable economic and administrative identity. When delimiting areas concerned by this subparagraph, [F136the relevant authority] shall undertake a fine-tuning exercise as described in Article 32(3). Areas considered eligible pursuant to this subparagraph, shall be taken into account for calculating the 10 % limit referred to in the second subparagraph.

[F137[X1By way of derogation, the second subparagraph shall not apply to [F136constituent nations] the entire territory of which was considered as an area facing specific handicaps under Regulations (EC) No 1698/2005 and (EC) No 1257/1999.]]

5.[F138The relevant authorities] shall attach to their rural development programmes:

(a)the existing or amended delimitation pursuant to paragraphs 2 and 4;

(b)the new delimitation of the areas referred to in paragraph 3.

Editorial Information

Textual Amendments

F137Words in Art. 32(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(27)

Article 33E+S+N.I.Animal welfare

[F121.Animal welfare payments under this measure shall be granted to farmers who undertake, on a voluntary basis, to carry out operations consisting of one or more animal welfare commitments and who are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013 F139....]

2.Animal welfare 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 and other relevant mandatory requirements. These relevant requirements shall be identified in the programme.

Those commitments shall be undertaken for a renewable period of one to seven years.

F140...

3.The payments shall be granted annually and shall compensate farmers for all or part of the additional costs and income foregone resulting from the commitment made. Where necessary, they may also cover transaction costs to the value of up to 20 % of the premium paid for the animal welfare commitments.

Support shall be limited to the maximum amount laid down in Annex II.

4.In order to ensure that animal welfare commitments are in accordance with the overall F141... policy in this field, the [F142appropriate authority may make regulations] concerning the definition of the areas in which animal welfare commitments are to provide upgraded standards of production methods.

Extent Information

E22This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 33W[F517Animal health and welfare]

[F5181.[F517Animal health and welfare] payments under this measure shall be granted to farmers who undertake, on a voluntary basis, to carry out operations consisting of one or more [F517animal health and welfare] commitments F519...F520....]

2.[F517Animal health and welfare] 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 and other relevant mandatory requirements. These relevant requirements shall be identified in the programme.

Those commitments shall be undertaken for a renewable period of one to seven years.

[F521For new commitments to be undertaken as from 2021, Member States shall determine a shorter period of one to three years in their rural development programmes.

If Member States provide for an annual renewal of commitments after the termination of the initial period in accordance with the second subparagraph, as from 2022 the renewal shall not go beyond one year.

By way of derogation from the third subparagraph, for new commitments to be undertaken in 2021 and 2022, Member States may determine a period of longer than three years in their rural development programmes based on the nature of the commitments and the [F517animal health and welfare] benefits sought.]

3.The payments shall be granted annually and shall compensate farmers for all or part of the additional costs and income foregone resulting from the commitment made. Where necessary, they may also cover transaction costs to the value of up to 20 % of the premium paid for the [F517animal health and welfare] commitments.

F522...

4.In order to ensure that [F517animal health and welfare] commitments are in accordance with the overall F523... policy in this field, the [F524appropriate authority may make regulations] concerning the definition of the areas in which [F517animal health and welfare] commitments are to provide upgraded standards of production methods.

Extent Information

E55This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F517Words in Art. 33 substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(28)(a)

F519Words in Art. 33(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(28)(b)

F522Words in Art. 33(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(28)(c)

Article 34E+S+N.I.Forest-environmental and climate services and forest conservation

1.Support under this measure shall be granted per hectare of forest to public and private forest-holders and other private law and public bodies and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment and climate commitments. In the case of state owned forests, support may only be granted if the body managing such a forest is a private body or a municipality.

For forest holdings above a certain threshold to be determined by [F143the relevant authority] in their rural development programmes, support under paragraph 1 shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993.

2.Payments shall cover only those commitments going beyond the relevant mandatory requirements established by F144... relevant national law. All such requirements shall be identified in the programme.

Commitments shall be undertaken for a period of between five and seven years. However, where necessary and duly justified, [F143the relevant authority] may determine a longer period in their rural development programmes for particular types of commitments.

3.Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where it is necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. Support shall be limited to the maximum amount laid down in Annex II.

In duly justified cases for operations concerning environmental conservation, support may be granted as a flat-rate or one-off payment per unit for commitments to renounce commercial use of trees and forests, calculated on basis of additional costs incurred and income foregone.

4.Support may be provided to public and private entities for the conservation and promotion of forest genetic resources for operations not covered under paragraphs 1, 2 and 3.

5.In order to ensure the efficient use of [F145support for rural development], the [F146appropriate authority may make regulations] concerning the types of operations eligible for support under paragraph 4 of this Article.

Extent Information

E23This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 34W[F525Forest-environmental, climate commitments and forest historic environment commitments]

1.Support under this measure shall be granted per hectare of forest to public and private forest-holders and other private law and public bodies and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more [F526forest-environmental, climate commitments and forest historic environment commitments]. In the case of state owned forests, support may only be granted if the body managing such a forest is a private body or a municipality.

For forest holdings above a certain threshold to be determined by [F527the relevant authority] in [F528the rural development programme], support under paragraph 1 shall be conditional on the presentation of the relevant information from a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993.

2.Payments shall cover only those commitments going beyond the relevant mandatory requirements established by F529... relevant national law. All such requirements shall be identified in the programme.

Commitments shall be undertaken for a period of between five and seven years. However, where necessary and duly justified, [F527the relevant authority] may determine a longer period in their rural development programmes for particular types of commitments.

3.Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where it is necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. F530...

In duly justified cases for operations concerning environmental conservation, support may be granted as a flat-rate or one-off payment per unit for commitments to renounce commercial use of trees and forests, calculated on basis of additional costs incurred and income foregone.

4.Support may be provided to public and private entities for the conservation and promotion of forest genetic resources for operations not covered under paragraphs 1, 2 and 3.

5.In order to ensure the efficient use of [F531support for rural development], the [F532appropriate authority may make regulations] concerning the types of operations eligible for support under paragraph 4 of this Article.

Extent Information

E56This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F525Words in Art. 34 heading substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(29)(a)

F526Words in Art. 34(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(29)(b)(i)

F528Words in Art. 34(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(29)(b)(ii)

F530Words in Art. 34(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(29)(c)

Article 35E+S+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 F147... 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 F148... 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, [F149the 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 [F150support 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 F151... 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.

[F1529.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 [F153support for rural development], the [F154appropriate 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

E24This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

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 F533... 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;

F534(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F535... 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 F536.... 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, [F537the 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 F538... 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 F539... 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.

[F5409.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 [F541support for rural development], the [F542appropriate 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

E57This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F534Art. 35(1)(c) 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(30)(a)

F536Words in Art. 35(5)(b) 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(30)(b)

F538Words in Art. 35(6) 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(30)(c)

Article 36U.K.Risk management

1.Support under this measure shall cover:

(a)financial contributions to premiums for crop, animal and plant insurance against economic losses to farmers caused by adverse climatic events, animal or plant diseases, pest infestation, or an environmental incident;

(b)financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by adverse climatic events or by the outbreak of an animal or plant disease or pest infestation or an environmental incident;

[F12(c)an income stabilisation tool, in the form of financial contributions to mutual funds, providing compensation to farmers of all sectors for a severe drop in their income;]

[F15(d)a sector-specific income stabilisation tool, in the form of financial contributions to mutual funds, providing compensation to farmers of a specific sector for a severe drop in their income.]

[F12[F1552.For the purposes of this Article, ‘farmer’ means active farmer within the meaning of Article 9 of Regulation (EU) No 1307/2013, as applicable in the [F156relevant authority] concerned.]]

[F123.For the purpose of points (b), (c) and (d) of paragraph 1, ‘mutual fund’ means a scheme accredited by the [F157relevant authority] in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers for economic losses caused by the outbreak of adverse climatic events or an animal or plant disease or pest infestation or an environmental incident, or for a severe drop in their income.]

4.[F158The relevant authority] shall ensure that overcompensation as a result of the combination of this measure with other F159... support instruments or private insurance schemes is avoided.

[F1605.In order to ensure the efficient use of [F161support for rural development], the [F162appropriate authority may make regulations] concerning the minimum and maximum duration of the commercial loans to mutual funds referred to in point (b) of Article 38(3) and Article 39(4).

F163...]

Textual Amendments

F155Art. 36(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(31)

F160Art. 36(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(31)

Article 37U.K.Crop, animal, and plant insurance

[F121.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 [F164relevant authority] concerned.

[F165The 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 [F166Annex 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.

[F167The relevant authority] may limit the amount of the premium that is eligible for support by applying appropriate ceilings.

[F1685.Support shall be limited to the maximum rate laid down in Annex II.]

Textual Amendments

F168Art. 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)

Article 38E+S+N.I.Mutual funds for adverse climatic events, animal and plant diseases, pest infestations and environmental incidents

1.In order to be eligible for support the mutual fund concerned shall:

(a)be accredited by the competent authority in accordance with national law;

(b)have a transparent policy towards payments into and withdrawals from the fund;

(c)have clear rules attributing responsibilities for any debts incurred.

2.[F169The relevant authority] shall define [F170in the programme] the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments and the eligibility of farmers in the event of crisis, as well as for the administration and monitoring of compliance with these rules. [F169The relevant authority] shall ensure that the fund arrangements [F171as set out in the programme] provide for penalties in case of negligence on the part of the farmer.

The occurrence of incidents mentioned in point (b) of Article 36(1) must be formally recognised as such by the competent authority of the [F172relevant authority] concerned.

[F123.The financial contributions referred to in point (b) of Article 36(1) may only relate to:

(a)the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner;

(b)the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis;

(c)supplementing the annual payments into the fund;

(d)the initial capital stock of the mutual fund.]

[F173Support under point (b) of Article 36(1) shall only be granted to cover for loss caused by the outbreak of adverse climatic events, animal or plant disease, pest infestation, or measures adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest or environmental incident, which destroy more than 30 % 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. F174...]

F163...

4.As regards animal diseases, financial compensation under point (b) of Article 36(1) may be granted in respect of diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health or in [F175Annex II of Regulation (EU) No 652/2014].

[F125.Support shall be limited to the maximum support rate laid down in Annex II. Support under point (b) of paragraph 3 shall take into account any support already provided under points (c) and (d) of paragraph 3.]

[F176The relevant authority] may limit the costs that are eligible for support by applying:

(a)ceilings per fund;

(b)appropriate per unit ceilings.

Extent Information

E25This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 38WMutual funds for adverse climatic events, animal and plant diseases, pest infestations and environmental incidents

1.In order to be eligible for support the mutual fund concerned shall:

(a)be accredited by the competent authority in accordance with national law;

(b)have a transparent policy towards payments into and withdrawals from the fund;

(c)have clear rules attributing responsibilities for any debts incurred.

2.[F543The relevant authority] shall define [F544in the programme] the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments and the eligibility of farmers in the event of crisis, as well as for the administration and monitoring of compliance with these rules. [F543The relevant authority] shall ensure that the fund arrangements [F545as set out in the programme] provide for penalties in case of negligence on the part of the farmer.

The occurrence of incidents mentioned in point (b) of Article 36(1) must be formally recognised as such by the competent authority of the [F546relevant authority] concerned.

[F5473.The financial contributions referred to in point (b) of Article 36(1) may only relate to:

(a)the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner;

(b)the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis;

(c)supplementing the annual payments into the fund;

(d)the initial capital stock of the mutual fund.]

[F548Support under point (b) of Article 36(1) shall only be granted to cover for loss caused by the outbreak of adverse climatic events, an animal or plant disease, a pest infestation, or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest or an environmental incident, which destroy more than 30% 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.]

F549...

4.As regards animal diseases, financial compensation under point (b) of Article 36(1) may be granted in respect of diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health or in [F550Annex II of Regulation (EU) No 652/2014].

F5515.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E58This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F548Words in Art. 38(3) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(33)(a)

F551Art. 38(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(33)(b)

[F12Article 39]E+S+N.I. Income stabilisation tool for farmers of all sectors

[F12[F1771.Support under point (c) of Article 36(1) shall only be granted where the drop in income exceeds 30 % of the average annual income of the individual 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. Income for the purposes of point (c) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual loss of income of the farmer. F178...]

2.In order to be eligible for support the mutual fund concerned shall:

(a)be accredited by the competent authority in accordance with national law;

(b)have a transparent policy towards payments into and withdrawals from the fund;

(c)have clear rules attributing responsibilities for any debts incurred.

3.[F179The relevant authority] shall define [F180in the programme] the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments to farmers in the event of crisis and for the administration and monitoring of compliance with these rules. [F179The relevant authority] shall ensure that the fund arrangements [F181as set out in the programme] provide for penalties in case of negligence on the part of the farmer.

[F124.The financial contributions referred to in point (c) of Article 36(1) may only relate to:

(a)the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner;

(b)the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis;

(c)supplementing the annual payments into the fund;

(d)the initial capital stock of the mutual fund.

5.Support shall be limited to the maximum rate laid down in Annex II. Support under point (b) of paragraph 4 shall take into account any support already provided under points (c) and (d) of paragraph 4.]]

Extent Information

E26This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

[F552Article 39]W Income stabilisation tool for farmers of all sectors

[F552[F5531.Support under point (c) of Article 36(1) shall only be granted where the drop in income exceeds 30% of the average annual income of the individual 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. Income for the purposes of point (c) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70% of the income lost in the year the producer becomes eligible to receive this assistance. Indexes may be used to calculate the annual loss of income of the farmer.]

2.In order to be eligible for support the mutual fund concerned shall:

(a)be accredited by the competent authority in accordance with national law;

(b)have a transparent policy towards payments into and withdrawals from the fund;

(c)have clear rules attributing responsibilities for any debts incurred.

3.[F554The relevant authority] shall define [F555in the programme] the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments to farmers in the event of crisis and for the administration and monitoring of compliance with these rules. [F554The relevant authority] shall ensure that the fund arrangements [F556as set out in the programme] provide for penalties in case of negligence on the part of the farmer.

[F5524.The financial contributions referred to in point (c) of Article 36(1) may only relate to:

(a)the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner;

(b)the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis;

(c)supplementing the annual payments into the fund;

(d)the initial capital stock of the mutual fund.

5.F557... Support under point (b) of paragraph 4 shall take into account any support already provided under points (c) and (d) of paragraph 4.]]

Extent Information

E59This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F553Art. 39(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(34)(a)

F557Words in Art. 39(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(34)(b)

[F15Article 39aU.K. Income stabilisation tool for farmers of a specific sector

1.Support under point (d) of Article 36(1) shall only be granted in duly justified cases and where the drop in income exceeds a threshold of at least 20 % of the average annual income of the individual 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 loss of income of the farmer. Income for the purposes of point (d) of Article 36(1) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for less than 70 % of the income lost in the year the producer becomes eligible to receive this assistance.

2.Article 39(2) to (5) shall apply for the purpose of support under point (d) of Article 36(1).]

Textual Amendments

[F182[F183Article 39bU.K. Exceptional temporary support to farmers and SMEs particularly affected by the COVID-19 crisis

1.Support under this measure shall provide emergency assistance to farmers and SMEs particularly affected by the COVID-19 crisis, aiming at ensuring continuity of their business activity, subject to the conditions set out in this Article.

2.Support shall be granted to farmers, as well as to SMEs active in processing, marketing or development of agricultural products covered by Annex I to the TFEU or cotton, except fishery products. The output of the production process may be a product not covered by that Annex.

3.[F184The relevant authority] shall target the support to beneficiaries who are most affected by the COVID-19 crisis, by determining, on the basis of available evidence, eligibility conditions and, where considered appropriate by the [F185relevant authority] concerned, selection criteria, which shall be objective and non-discriminatory.

[F1864.The support shall take the form of a lump sum payment to be paid by 31 December 2021, based on applications for support approved by the competent authority by 30 June 2021. F187... The level of payment may be differentiated by categories of beneficiaries, in accordance with objective and non-discriminatory criteria.]

5.The maximum amount of support shall not exceed [F188EUR 7 000][F188GBP 5,833] per farmer and [F189EUR 50 000][F189GBP 41,667] per SME.

6.When granting support under this Article, [F190the relevant authority] shall take into account the support granted under [F191Regulation 508/2014 or direct payment support] or private schemes to respond to the impact of the COVID-19 crisis.]]

Textual Amendments

F183Art. 39b 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(35)

F192Article 40U.K.Financing of complementary national direct payments for Croatia

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 41U.K.Rules on the implementation of the measures

The [F193the appropriate authority may make regulations], laying down rules on the implementation of the measures in this section concerning:

(a)

procedures for selection of authorities or bodies offering farm and forestry advisory services, farm management or farm relief services and the degressivity of the aid under the advisory services measure referred to in Article 15;

(b)

the assessment by the [F194Managing Authority] of the progress of the business plan, payment options as well as modalities for access to other measures for young farmers under the farm and business development measure referred to in Article 19;

(c)

conversion to units [F195other than those used in Annex II,] and conversion rates of animals to livestock units (LU) under the measures referred to in Articles 28, 29, 33 and 34;

(d)

the possibility of using standard assumptions of additional costs and income foregone under the measures of Articles 28 to 31, 33 and 34 and criteria for its calculation;

(e)

calculation of the amount of support where an operation is eligible for support under more than one measures.

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

Textual Amendments

F195Words in Art. 41(c) 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(36)

LEADERU.K.

Article 42U.K.LEADER local action groups

[F1971.[F198In addition to the tasks referred to in Article 34 of Regulation (EU) No 1303/2013 F199... local action groups may also perform additional tasks delegated to them by the Managing Authority and/or the paying agency.][F198In addition to the tasks referred to in Article 34 of Regulation (EU) No 1303/2013 local action groups may also perform additional tasks delegated to them by the Managing Authority and/or the paying agency.]]

2.Local action groups may request the payment of an advance from the competent paying agency if such possibility is provided for in the rural development programme. The amount of the advances shall not exceed 50 % of the public support related to the running and animation costs.

Textual Amendments

F198Art. 42(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(37)

[F200Article 43U.K.LEADER start-up kit

Support for LEADER local development may also include a "LEADER start-up kit" for local communities who did not implement LEADER in the 2007-2013 programming period. The "LEADER start-up kit" shall consist of support for capacity building and small pilot projects. Support under the "LEADER start-up kit" shall not be conditional on the submission of a LEADER local development strategy.]

Textual Amendments

F200Art. 43 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(38)

Article 44U.K.LEADER co-operation activities

1.The support referred to in point (c) of Article 35(1) of Regulation (EU) No 1303/2013 shall be granted to

[F201(a)co-operation projects within or between constituent nations (inter-territorial co-operation) or co-operation projects with territories in third countries (transnational co-operation);]

(b)preparatory technical support for inter-territorial and transnational co-operation projects, on condition that local action groups are able to demonstrate that they are envisaging the implementation of a concrete project.

2.Apart from other local action groups, the partners of a local action group [F202funded by support for rural development] may be:

(a)a group of local public and private partners in a rural territory that is implementing a local development strategy F203...;

(b)a group of local public and private partners in a non- rural territory that is implementing a local development strategy.

3.In cases where co-operation projects are not selected by the local action groups, [F204the relevant authority] shall establish a system of ongoing application.

They shall make public the national or regional administrative procedures concerning the selection of transnational co-operation projects and a list of eligible costs at the latest two years after the date of approval of their rural development programmes.

Approval of co-operation projects by the competent authority shall take place no later than four months after the date of submission of the project application.

F2054.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER IIU.K.Common provisions for several measures

Article 45E+S+N.I.Investments

1.In order to be eligible for [F206support for rural development], investment operations shall be preceded by an assessment of the expected environmental impact in accordance with law specific to that kind of investment where the investment is likely to have negative effects on the environment.

2.Expenditure that is eligible for [F206support for rural development] shall be limited to:

(a)the construction, acquisition, including leasing, or improvement of immovable property;

(b)the purchase or lease purchase of new machinery and equipment up to the market value of the asset;

(c)general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, fees relating to advice on environmental and economic sustainability, including feasibility studies. Feasibility studies shall remain eligible expenditure even where, based on their results, no expenditure under points (a) and (b) is made;

(d)the following intangible investments: acquisition or development of computer software and acquisitions of patents, licenses, copyrights, trademarks;

(e)the costs of establishing forest management plans and their equivalent.

3.In the case of agricultural investments, the purchase of agricultural production rights, payment entitlements, animals, annual plants and their planting shall not be eligible for investment support. However, in case of the restoration of agricultural production potential damaged by natural disasters or catastrophic events, in accordance with point (b) of Article 18(1), expenditure for the purchase of animals may be eligible expenditure.

4.Beneficiaries of investment related support may request the payment of an advance of up to 50 % of the public aid related to the investment from the competent paying agencies if that option is included in the rural development programme.

[F125.Where support is provided through a financial instrument established in accordance with Article 37 of Regulation (EU) No 1303/2013, working capital may be eligible expenditure. Such eligible expenditure shall not exceed [F207EUR 200 000][F207GBP 166,667] or 30 % of the total amount of the eligible expenditure for the investment, whichever is the higher.]

6.In order to take account of the special characteristics of particular types of investments, the [F208appropriate authority may make regulations], laying down the conditions under which other costs connected with leasing contracts, second hand equipment may be considered to be eligible expenditure and specifying the types of renewable energy infrastructure that are to be eligible for support.

[F157.Paragraphs 1, 2 and 3 shall not apply where support is provided in the form of financial instruments.]

Extent Information

E27This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 45WInvestments

1.In order to be eligible for [F558support for rural development], investment operations shall be preceded by an assessment of the expected environmental impact in accordance with law specific to that kind of investment where the investment is likely to have negative effects on the environment.

2.Expenditure that is eligible for [F558support for rural development] shall be limited to:

(a)the construction, acquisition, including leasing, or improvement of immovable property;

(b)the purchase or lease purchase of new machinery and equipment up to the market value of the asset;

(c)general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, fees relating to advice on environmental and economic sustainability, including feasibility studies. Feasibility studies shall remain eligible expenditure even where, based on their results, no expenditure under points (a) and (b) is made;

(d)the following intangible investments: acquisition or development of computer software and acquisitions of patents, licenses, copyrights, trademarks;

(e)the costs of establishing forest management plans and their equivalent.

3.In the case of agricultural investments, the purchase of agricultural production rights, payment entitlements, animals, annual plants and their planting shall not be eligible for investment support. However, in case of the restoration of agricultural production potential damaged by natural disasters or catastrophic events, in accordance with point (b) of Article 18(1), expenditure for the purchase of animals may be eligible expenditure.

4.Beneficiaries of investment related support may request the payment of an advance of up to 50 % of the public aid related to the investment from the competent paying agencies if that option is included in the rural development programme.

[F5595.Where support is provided through a financial instrument established in accordance with Article 37 of Regulation (EU) No 1303/2013, working capital may be eligible expenditure. Such eligible expenditure shall not exceed [F560£200 000] or 30 % of the total amount of the eligible expenditure for the investment, whichever is the higher.]

6.In order to take account of the special characteristics of particular types of investments, the [F561appropriate authority may make regulations], laying down the conditions under which other costs connected with leasing contracts, second hand equipment may be considered to be eligible expenditure and specifying the types of renewable energy infrastructure that are to be eligible for support.

[F5627.Paragraphs 1, 2 and 3 shall not apply where support is provided in the form of financial instruments.]

Extent Information

E60This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F560Sum in Art. 45(5) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(39)

Article 46U.K.Investments in irrigation

1.Without prejudice to Article 45 of this Regulation, in the case of irrigation in new and existing irrigated areas, only investments that fulfil the conditions in this Article shall be considered as eligible expenditure.

[F2092.A river basin management plan, as required under the terms of the Water Framework Directive and as defined by legislation implementing the Water Framework Directive [F210in each of the constituent nations], shall have been notified to the appropriate authority[F211, or, before IP completion day, to the Commission,] for the entire area in which the investment is to take place, as well as in any other areas whose environment may be affected by the investment. The requirements which apply under the river basin management plan by virtue of Article 11 of the Water Framework Directive and of relevance to the agricultural sector shall have been specified.]

3.Water metering enabling measurement of water use at the level of the supported investment shall be in place or shall be put in place as part of the investment.

4.An investment in an improvement to an existing irrigation installation or element of irrigation infrastructure shall be eligible only if it is assessed ex ante as offering potential water savings of a minimum of between 5 % and 25 % according to the technical parameters of the existing installation or infrastructure.

If the investment affects bodies of ground- or surface water whose status has been identified as less than good in the relevant river basin management plan for reasons related to water quantity:

(a)the investment shall ensure an effective reduction in water use, at the level of the investment, amounting to at least 50 % of the potential water saving made possible by the investment;

(b)in the case of an investment on a single agricultural holding, it shall also result in a reduction to the holding's total water use amounting to at least 50 % of the potential water saving made possible at the level of the investment. The total water use of the holding shall include water sold by the holding.

None of the conditions in paragraph 4 shall apply to an investment in an existing installation which affects only energy efficiency or to an investment in the creation of a reservoir or to an investment in the use of recycled water which does not affect a body of ground or surface water.

5.An investment resulting in a net increase of the irrigated area affecting a given body of ground or surface water shall be eligible only if:

(a)the status of the water body has not been identified as less than good in the relevant river basin management plan for reasons related to water quantity; and

(b)an environmental analysis shows that there will be no significant negative environmental impact from the investment; such an environmental impact analysis shall be either carried out by or approved by the competent authority and may also refer to groups of holdings.

Areas which are not irrigated but in which an irrigation installation was active in the recent past, to be established and justified in the programme, may be considered as irrigated areas for the purpose of determining the net increase of the irrigated area.

6.By way of derogation from point (a) of paragraph 5 investments resulting in a net increase of the irrigated area may still be eligible if:

(a)the investment is combined with an investment in an existing irrigation installation or element of irrigation infrastructure assessed ex ante as offering potential water savings of a minimum of between 5 % and 25 % according to the technical parameters of the existing installation or infrastructure and

(b)the investment ensures an effective reduction in water use, at the level of the investment as a whole, amounting to at least 50 % of the potential water saving made possible by the investment in the existing irrigation installation or element of infrastructure.

Furthermore, by way of derogation, the condition in point (a) of paragraph 5 shall not apply to investments in the establishment of a new irrigation installation supplied with water from an existing reservoir approved by the competent authorities before 31 October 2013 if the following conditions are met:

  • the reservoir in question is identified in the relevant river basin management plan and is subject to the control requirements set out in article 11(3)(e) of the Water Framework Directive;

  • on 31 October 2013, there was in force either a maximum limit on total abstractions from the reservoir or a minimum required level of flow in water bodies affected by the reservoir;

  • that maximum limit or minimum required level of flow complies with the conditions set out in Article 4 of the Water Framework Directive; and

  • the investment in question does not result in abstractions beyond the maximum limit in force on 31 October 2013 or result in a reduction of the level of flow in affected water bodies below the minimum required level in force on 31 October 2013.

Textual Amendments

F210Words in Art. 46(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(40)(a)

F211Words in Art. 46(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(40)(b)

Article 47U.K.Rules for area related payments

1.The number of hectares to which a commitment pursuant to Articles 28, 29 and 34 applies may vary from year to year where:

(a)this possibility is provided for in the rural development programme;

(b)the commitment in question does not apply to fixed parcels; and

(c)the achievement of the commitment's objective is not jeopardised.

2.Where all or part of the land under commitment or the entire holding is transferred to another person during the period of that commitment, the commitment, or part thereof corresponding to the land transferred, may be taken over for the remainder of the period by that other person or may expire and reimbursement shall not be required in respect of the period during which the commitment was effective.

3.Where a beneficiary is unable to continue to comply with commitments given because the holding or part of the holding is re-parcelled or is the subject of public land consolidation measures or land consolidation measures approved by the competent public authorities, [F212the relevant authority] shall take the measures necessary to allow the commitments to be adapted to the new situation of the holding. If such adaptation proves impossible, the commitment shall expire and reimbursement shall not be required in respect of the period during which the commitment was effective.

4.Reimbursement of the aid received shall not be required in cases of force majeure and exceptional circumstances as referred to in Article 2 of Regulation (EU) No 1306/2013.

5.Paragraph 2, as regards cases of transfer of the entire holding, and paragraph 4 shall also apply to commitments under Article 33.

6.In order to ensure the efficient implementation of area related measures and [F213proper management of public money], [F214the] the [F215appropriate authority may make regulations] laying down conditions applicable to conversion or adjustment of commitments under the measures referred to in Articles 28, 29, 33 and 34 and, specifying other situations in which reimbursement of the aid shall not be required.

Textual Amendments

F214Word in Art. 47(6) inserted (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(41)

Article 48U.K.Revision clause

A revision clause shall be provided for operations undertaken pursuant to Articles 28, 29, 33 and 34 in order to ensure their adjustment in the case of amendments to the relevant mandatory standards, requirements or obligations referred to in those Articles beyond which the commitments have to go. [F216The revision clause shall also cover adjustments needed to avoid double funding of the practices referred to in Article 43 of Regulation (EU) No 1307/2013 in the case of amendments to those practices.]

[F217Operations undertaken pursuant to Articles 28, 29, 33 and 34 which extend beyond the current programming period shall contain a revision clause in order to allow for their adjustment to the legal framework [F218in force after the current programming period].]

If such adjustment is not accepted by the beneficiary, the commitment shall expire and reimbursement shall not be required in respect of the period during which the commitment was effective.

Textual Amendments

F216Words in Art. 48 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(42)(a)

F217Words in Art. 48 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(42)(b)

Article 49E+S+N.I.Selection of operations

1.Without prejudice to point (d) of Article 34(3) of Regulation (EU) No 1303/2013, the Managing Authority of the rural development programme shall define selection criteria for operations following consultation with the Monitoring Committee. Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of measures in accordance with the F219... priorities for rural development. In defining and applying selection criteria the principle of proportionality shall be taken into account in relation to the size of the operation.

[F15By way of derogation from the first subparagraph, in exceptional and duly justified cases where it is not possible to establish selection criteria due to the nature of the type of operations concerned, the Managing Authority may define another selection method to be described in the rural development programme following consultation with the Monitoring Committee.]

[F12[F2202.The [F221relevant authority] responsible for the selection of operations shall ensure that operations, with the exception of operations under point (b) of Article 18(1), point (d) of Article 24(1) and Articles 28 to 31, 33, 34 and 36 to 39b, are selected in accordance with the selection criteria referred to in paragraph 1 of this Article and according to a transparent and well-documented procedure.]

3.Beneficiaries may be selected on the basis of calls for proposals, applying economic, social and environmental efficiency criteria.]

[F154.Paragraphs 1 and 2 shall not apply where support is provided in the form of financial instruments.]

Extent Information

E28This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

Article 49WSelection of operations

1.Without prejudice to point (d) of Article 34(3) of Regulation (EU) No 1303/2013, the Managing Authority of the rural development programme shall define selection criteria for operations F563.... Selection criteria shall aim to ensure equal treatment of applicants, better use of financial resources and targeting of measures in accordance with the F564... priorities for rural development. In defining and applying selection criteria the principle of proportionality shall be taken into account in relation to the size of the operation.

[F565By way of derogation from the first subparagraph, in exceptional and duly justified cases where it is not possible to establish selection criteria due to the nature of the type of operations concerned, the Managing Authority may define another selection method to be described in the rural development programme F563....]

[F566[F5672.The [F568relevant authority] responsible for the selection of operations shall ensure that operations, with the exception of operations under point (b) of Article 18(1), point (d) of Article 24(1) and Articles 28 to 31, 33, 34 and 36 to [F56939a], are selected in accordance with the selection criteria referred to in paragraph 1 of this Article and according to a transparent and well-documented procedure.]

3.Beneficiaries may be selected on the basis of calls for proposals, applying economic, social and environmental efficiency criteria.]

[F5654.Paragraphs 1 and 2 shall not apply where support is provided in the form of financial instruments.]

Extent Information

E61This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F563Words in Art. 49(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(43)(a)

F569Word in Art. 49(2) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(43)(b)

Article 50U.K.Rural area definition

For the purposes of this Regulation the Managing Authority shall define "rural area" at programme level. [F222The relevant authority] may establish such a definition for a measure or type of operation if duly justified.

Textual Amendments

CHAPTER IIIU.K.Technical assistance and networking

[F223Article 51U.K.Funding technical assistance

F2241.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.At the initiative of the [F225relevant authority] up to 4 % of the total amount of each rural development programme may be devoted to the tasks referred to in Article 59 of Regulation (EC) No 1303/2013 and costs related to preparatory work for the delimitation of areas facing natural or other specific constraints referred to in Article 32.

Costs relating to the certification body referred to in Article 9 of Regulation (EU) No 1306/2013 shall not be eligible under this paragraph.

Within that 4 % limit an amount shall be reserved for establishing and operating the national rural network referred to in Article 54.

[F226[F227By way of derogation from the first subparagraph, Member States for which the total amount of Union support for rural development for the years 2014-2020 as laid down in Annex I to this Regulation is less than EUR 1 800 million may, after the extension of their programmes in accordance with Article 1 of Regulation (EU) 2020/2220, decide to devote 5 % of the total amount of each rural development programme to tasks referred to in Article 59 of Regulation (EU) No 1303/2013.]]

[F2283.In case of rural development programmes covering both less-developed regions and other regions, the [F229core] contribution rate for technical assistance referred to in Article 59(3) may be determined by taking into account the predominant type of regions, by their number, in the programme.]]

Textual Amendments

F223Arts. 51-59 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(44)

F230Article 52U.K.European network for rural development

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F231Article 53U.K.European Innovation Partnership network

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F223Article 54U.K.National rural network

1.[F232The relevant authority] shall establish a national rural network, which groups the organisations and administrations involved in rural development. The partnership referred to in Article 5 of Regulation (EU) No 1303/2013 shall also be part of the national rural network.

F233...

2.Networking by the national rural network shall aim to:

(a)increase the involvement of stakeholders in the implementation of rural development;

(b)improve the quality of implementation of rural development programmes;

(c)inform the broader public and potential beneficiaries on rural development policy and funding opportunities;

(d)foster innovation in agriculture, food production, forestry and rural areas.

[X13.[F234Support for rural development] under Article 51(2) shall be used:]

(a)for the structures needed to run the network;

(b)for the preparation and implementation of an action plan covering at least the following:

(i)

activities regarding the collection of examples of projects covering all priorities of the rural development programmes;

(ii)

activities regarding the facilitation of thematic and analytical exchanges between rural development stakeholders, sharing and dissemination of findings;

(iii)

activities regarding the provision of training and networking for local action groups and in particular technical assistance for inter-territorial and transnational co-operation, facilitation of co-operation among local action groups and the search of partners for the measure referred to in Article 35;

(iv)

activities regarding the provision of networking for advisors and innovation support services;

(v)

activities regarding the sharing and dissemination of monitoring and evaluation findings;

(vi)

a communication plan including publicity and information concerning the rural development programme in agreement with the Managing Authorities and information and communication activities aimed at a broader public;

(vii)

F235...

F2364.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Editorial Information

Textual Amendments

F223Arts. 51-59 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(44)

TITLE IVU.K.EIP FOR AGRICULTURAL PRODUCTIVITY AND SUSTAINABILITY

[F223Article 55U.K.Aims

1.The EIP for agricultural productivity and sustainability shall:

(a)promote a resource efficient, economically viable, productive, competitive, low emission, climate friendly and resilient agricultural and forestry sector, working towards agro-ecological production systems and working in harmony with the essential natural resources on which farming and forestry depend;

(b)help deliver a steady and sustainable supply of food, feed and biomaterials, including existing and new types;

(c)improve processes to preserve the environment, adapt to climate change and mitigate it;

(d)build bridges between cutting-edge research knowledge and technology and farmers, forest managers, rural communities, businesses, NGOs and advisory services.

2.The EIP for agricultural productivity and sustainability shall seek to achieve its aims by:

(a)creating added value by better linking research and farming practice and encouraging the wider use of available innovation measures;

(b)promoting the faster and wider transposition of innovative solutions into practice; and

(c)informing the scientific community about the research needs of farming practice.

3.[F237Support for rural development] shall contribute to the aims of the EIP for agricultural productivity and sustainability through support, in accordance with Article 35, of the EIP operational groups referred to in Article 56 F238....]

Textual Amendments

F223Arts. 51-59 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(44)

[F223Article 56U.K.Operational groups

1.EIP operational groups shall form part of the EIP for agricultural productivity and sustainability. They shall be set up by interested actors such as farmers, researchers, advisors and businesses involved in the agriculture and food sector, who are relevant for achieving the objectives of the EIP.

2.EIP operational groups shall establish internal procedures that ensure, that their operation and decision-making is transparent and that situations of conflict of interest are avoided.

3.The [F239relevant authority] shall decide within the framework of their programmes to what extent they will support the operational groups.]

Textual Amendments

F223Arts. 51-59 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(44)

[F223Article 57U.K.Tasks of operational groups

1.EIP operational groups shall draw up a plan that contains the following:

(a)a description of the innovative project to be developed, tested, adapted or implemented;

(b)a description of the expected results and the contribution to the EIP objective of enhancing productivity and sustainable resource management.

2.When implementing their innovative projects operational groups shall:

(a)make decisions on the elaboration and implementation of innovative actions; and

(b)implement innovative actions through measures financed through the rural development programmes.

3.Operational groups shall disseminate the results of their project F240....]

Textual Amendments

F223Arts. 51-59 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(44)

TITLE VU.K.FINANCIAL PROVISIONS

[F223Article 58E+W+N.I.Resources and their distribution

[F2411.Without prejudice to paragraphs 5, 6 and 7 of this Article, the core contribution to rural development under this Regulation (‘the core contribution’) for the period from 1 January 2014 to 31 December 2020 shall be EUR 5,195,417,491, in 2011 prices.]

F2422.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2433.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.The annual breakdown [F244of the core contribution] is set out in Annex I.

[F2455.Funds transferred under Article 14(2) of Regulation (EU) No 1307/2013 shall be subtracted from the core contribution.]

[F2466.The funds transferred to the [F247core contribution] in application of Article 136a(1) of Regulation (EC) No 73/2009 and Article 7(2) of Regulation (EU) No 1307/2013 and the funds transferred to the [F247core contribution] in application of Articles 10b, 136 and 136b of Regulation (EC) No 73/2009 in respect of calendar years 2013 and 2014 shall also be included in the annual breakdown referred to in paragraph 4 of this Article.]

[F2487.In order to take account of the developments relating to the annual breakdown referred to in paragraph 4 of this Article, including the transfers referred to in paragraphs 5 and 6 of this Article [F249and the transfers resulting from the application of Article 1 of Regulation (EU) 2020/2220], to make technical adjustments without changing the overall allocations, or to take account of any other change provided for by a legislative act after the adoption of this Regulation, the [F250Secretary of State may make regulations], to review the ceilings set out in Annex I to this Regulation.]

[F2517A.The Secretary of State may not make regulations under paragraph 7 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.

Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 7, the Secretary of State must have regard to that request.]

F2528.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E29This version of this provision extends to England and Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F223Arts. 51-59 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(44)

[F570Article 58SResources and their distribution

1.Without prejudice to paragraphs 3, 5 and 7 of this Article, the core contribution to rural development under this Regulation (“core contribution”) is the amount determined by the Scottish Ministers.

2.The Scottish Ministers must determine the core contribution before the start of the relevant financial year.

3.The Scottish Ministers must include in the core contribution any funds transferred, or to be transferred, in respect of the relevant year under Articles 11(4A) and 14 of Regulation (EU) No 1307/2013.

4.When the core contribution has been determined, the Scottish Ministers must publish that amount as soon as practicable after that determination has been made.

5.The Scottish Ministers may review the core contribution determined under paragraph 2, and for that purpose may have regard to:

(a)any transfer of funds under Articles 11(4A) and 14 of Regulation (EU) No 1307/2013;

(b)any legislative change after the determination; and

(c)such other matters as they consider appropriate.

6.A review under paragraph 5 (including a further review) may be carried out before or during the relevant financial year.

7.The Scottish Ministers may adjust the core contribution after carrying out a review under paragraph 5 provided that they do so before the end of the relevant financial year.

8.When the Scottish Ministers adjust the core contribution under paragraph 7 they must publish the adjusted amount as soon as practicable after making that adjustment.

9.In this Article, “financial year” means a period of 12 months beginning with  1 April.]

Extent Information

E62This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

[F253[F223Article 58aU.K. Resources for the recovery of the Union agricultural sector and rural areas

1.Point (g) of Article 1(2) of Council Regulation (EU) 2020/2094 (‘EURI Regulation’) shall be implemented in accordance with this Article through measures that are eligible under the EAFRD and that are directed at addressing the impact of the COVID-19 crisis, with an amount of EUR 8 070 486 840 in current prices of the amount referred to in point (vi) of Article 2(2)(a) of that Regulation, subject to Article 3(3), (4) and (8) thereof.

That amount of EUR 8 070 486 840 in current prices shall constitute external assigned revenues in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council(3).

It shall be made available as additional resources for budgetary commitment under the EAFRD for the years 2021 and 2022, in addition to the total resources set out in Article 58 of this Regulation as follows:

  • 2021: EUR 2 387 718 000;

  • 2022: EUR 5 682 768 840.

For the purpose of this Regulation and Regulations (EU) No 1306/2013 and (EU) No 1307/2013, those additional resources shall be considered as amounts financing measures under the EAFRD. They shall be considered as being part of the total amount of Union support for rural development, as referred to in Article 58(1) of this Regulation, to which they shall be added when reference is made to the total amount of Union support for rural development. Article 14 of Regulation (EU) No 1307/2013 shall not apply to the additional resources referred to in this paragraph and in paragraph 2 of this Article.

2.The breakdown for each Member State of the additional resources referred to in paragraph 1 of this Article, after deduction of the amount referred to in paragraph 7 of this Article, is set out in Annex Ia.

3.The percentage thresholds of the total EAFRD contribution to the rural development programme referred to in Article 59(5) and (6) of this Regulation shall not apply to the additional resources referred to in paragraph 1 of this Article. However, Member States shall ensure that at least the same overall share of the EAFRD contribution, including the additional resources referred to in paragraph 2 of this Article, is reserved in each rural development programme for the measures referred to in Article 59(6) of this Regulation, in line with Article 1(2) of Regulation (EU) 2020/2220.

4.At least 37 % of the additional resources referred to in paragraph 2 of this Article shall be reserved in each rural development programme for measures referred to in Article 33 and Article 59(5) and (6), and in particular for:

(a)organic farming;

(b)mitigation of, and adaptation to, climate change, including reduction of greenhouse gas emissions from agriculture;

(c)soil conservation, including the enhancement of soil fertility through carbon sequestration;

(d)improvement of the use and management of water, including water saving;

(e)creation, conservation and restoration of habitats favourable to biodiversity;

(f)reduction of the risks and impacts of pesticide and antimicrobial use;

(g)animal welfare;

(h)LEADER cooperation activities.

5.At least 55 % of the additional resources referred to in paragraph 2 of this Article shall be reserved in each rural development programme for measures referred to in Articles 17, 19, 20 and 35, provided that the designated use of such measures in the rural development programmes promotes economic and social development in rural areas, and contributes to a resilient, sustainable and digital economic recovery in line, inter alia, with the agri-environment-climate objectives pursued under this Regulation, and in particular:

(a)short supply chains and local markets;

(b)resource efficiency, including precision and smart farming, innovation, digitalisation and modernisation of production machinery and equipment;

(c)safety conditions at work;

(d)renewable energy, circular and bio-economy;

(e)access to high-quality ICT in rural areas.

When allocating the additional resources referred to in paragraph 2 of this Article, Member States may decide to derogate from the percentage threshold set out in the first subparagraph of this paragraph to the extent necessary to comply with the non-regression principle set out in Article 1(2) of Regulation (EU) 2020/2220. However, Member States may instead decide to derogate from that non-regression principle to the extent necessary to comply with the percentage threshold set out in the first subparagraph of this paragraph.

6.Up to 4 % of the total additional resources referred to in paragraph 2 of this Article may be allocated to technical assistance, at the initiative of the Member States, to the rural development programmes in accordance with Article 51(2). That percentage threshold may be 5 % for those Member States to which the fourth subparagraph of Article 51(2) applies.

7.Up to 0,25 % of the total additional resources referred to in paragraph 1 of this Article may be allocated to technical assistance in accordance with Article 51(1).

8.The budget commitments relating to the additional resources referred to in paragraphs 1 and 2 of this Article shall in each rural development programme be made separately from the allocation referred to in Article 58(4).

9.Articles 20, 21 and 22 of Regulation (EU) No 1303/2013 shall not apply to the total additional resources referred to in paragraphs 1 and 2 of this Article.]]

Textual Amendments

F223Arts. 51-59 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(44)

[F223Article 59E+N.I.Fund contribution

1.The decision approving a rural development programme shall set the [F254core contribution] to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed regions.

2.The [F255core] contribution shall be calculated on the basis of the amount of eligible public expenditure.

[F2563. The rural development programmes shall establish a single core contribution rate applicable to all measures. Where applicable, a separate core contribution rate shall be established for less-developed regions, as well as for transition regions. The maximum core contribution rate shall be:]

[X1(a)85 % of the eligible public expenditure in the less developed regions F257...;]

(b)75 % of the eligible public expenditure for all regions whose GDP per capita for the 2007-2013 period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita is above 75 % of the GDP average of the EU-27;

(c)63 % of the eligible public expenditure for the transition regions other than those referred to in point (b) of this paragraph;

(d)53 % of the eligible public expenditure in the other regions.

The minimum [F258core] contribution rate shall be 20 %.

4.By way of derogation from paragraph 3, the maximum [F259core] contribution shall be:

(a)80 % for the measures referred to in Articles 14, 27 and 35, for the LEADER local development referred to in Article 32 of Regulation (EU) No 1303/2013 and for operations under point (a)(i) of Article 19(1). [X1That rate may be increased to a maximum of 90 % for the programmes of less developed regions F260... and of transition regions referred to in points (b) and (c) of paragraph 3;]

(b)75 % for operations contributing to the objectives of environment and climate change mitigation and adaptation under Article 17, points (a) and (b) of Article 21(1), Articles 28 29, 30 31 and 34;

F261(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the contribution rate applicable to the measure concerned increased by an additional 10 percentage points for contributions to financial instruments referred to in point (b) of Article 38(1) of Regulation 1303/2013;

[X1(e)100 % for operations receiving funding from funds transferred to the [F262core contribution] in application of Article 136a(1) of Regulation (EC) No 73/2009 and Article 7(2) and Article 14(1) of Regulation (EU) No 1307/2013;]

[F263(ea)100 % for operations receiving funding from additional resources referred to in Article 58a(1). Member States may establish a single, specific EAFRD contribution rate applicable to all those operations;]

F264(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F264(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F264(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2655.At least 5% of the total core contribution to the rural development programme shall be reserved for LEADER.]

6.At least 30 % of the total [F266core] contribution to the rural development programme shall be reserved for measures under the following Articles: Article 17 for environment and climate related investments; Articles 21, 28, 29 and 30, with the exception of Water Framework Directive related payments; and Articles 31, 32 and 34.

F267...

[F2686a.The F269... support provided under Article 39b shall not exceed 2 % of the total [F270core] contribution to the rural development programme F271....]

F2727.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2738.An expenditure receiving support for rural development shall not be co-financed by way of a contribution from under Regulation 508/2014 or CMO support or direct payment support.]

9.Public expenditure on aid to enterprises shall comply with the aid limits laid down in respect of State aid, unless this Regulation provides otherwise.]

Editorial Information

Extent Information

E30This version of this provision applies to England and Northern Ireland only; separate versions have been created for Wales and Scotland

Textual Amendments

F223Arts. 51-59 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(44)

Article 59SFund contribution

F5711.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5722.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5733. The rural development programmes shall establish a single core contribution rate applicable to all measures. Where applicable, a separate core contribution rate shall be established for F574... transition regions. The maximum core contribution rate shall be:]

F575(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F576(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)63 % of the eligible public expenditure for the transition regions F577...;

(d)53 % of the eligible public expenditure in the other regions.

The minimum [F578core] contribution rate shall be 20 %.

4.By way of derogation from paragraph 3, the maximum [F579core] contribution shall be:

(a)80 % for the measures referred to in Articles 14, 27 and 35, for the LEADER local development referred to in Article 32 of Regulation (EU) No 1303/2013 and for operations under point (a)(i) of Article 19(1). [X10That rate may be increased to a maximum of 90 % for the programmes of F580... transition regions referred to in [F581point] (c) of paragraph 3;]

(b)75 % for operations contributing to the objectives of environment and climate change mitigation and adaptation under Article 17, points (a) and (b) of Article 21(1), Articles 28 29, 30 31 and 34;

F582(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the contribution rate applicable to the measure concerned increased by an additional 10 percentage points for contributions to financial instruments referred to in point (b) of Article 38(1) of Regulation 1303/2013;

[X10(e)100 % for operations receiving funding from funds transferred to the [F583core contribution] in application of [F584Article 11(4A) and Article 14] of Regulation (EU) No 1307/2013;]

[F263(ea)100 % for operations receiving funding from additional resources referred to in Article 58a(1). Member States may establish a single, specific EAFRD contribution rate applicable to all those operations;]

F585(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F585(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F585(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5865.The funding allocated to LEADER must be equivalent to at least 5% of the total core contribution to the rural development programme.

6.The funding allocated to measures under the following Articles must be equivalent to at least 30% of the total core contribution to the rural development programme: Article 17 for environment and climate related investments; Articles 21, 28, 29 and 30, with the exception of Water Framework Directive related payments; and Articles 31, 32 and 34.]

[F2686a.The F587... support provided under Article 39b shall not exceed 2 % of the total [F588core] contribution to the rural development programme F589....]

F5907.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5918.An expenditure receiving support for rural development shall not be co-financed by way of a contribution from under Regulation 508/2014 or CMO support or direct payment support.]

9.Public expenditure on aid to enterprises shall comply with the aid limits laid down in respect of State aid, unless this Regulation provides otherwise.

Editorial Information

Extent Information

E63This version of this provision extends to Scotland only; a separate version has been created for England and Wales and Northern Ireland only

Textual Amendments

[F592Article 59WFund contribution

1.The decision approving a rural development programme shall set the [F593core contribution] to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed regions.

2.The [F594core] contribution shall be calculated on the basis of the amount of eligible public expenditure.

[F5953. The rural development programmes shall establish a single core contribution rate applicable to all measures. Where applicable, a separate core contribution rate shall be established for less-developed regions, as well as for transition regions. The maximum core contribution rate shall be:]

[X11(a)85 % of the eligible public expenditure in the less developed regions F596...;]

(b)75 % of the eligible public expenditure for all regions whose GDP per capita for the 2007-2013 period was less than 75 % of the average of the EU-25 for the reference period but whose GDP per capita is above 75 % of the GDP average of the EU-27;

(c)63 % of the eligible public expenditure for the transition regions other than those referred to in point (b) of this paragraph;

(d)53 % of the eligible public expenditure in the other regions.

The minimum [F597core] contribution rate shall be 20 %.

4.By way of derogation from paragraph 3, the maximum [F598core] contribution shall be:

(a)80 % for the measures referred to in Articles 14, 27 and 35, for the LEADER local development referred to in Article 32 of Regulation (EU) No 1303/2013 and for operations under point (a)(i) of Article 19(1). [X11That rate may be increased to a maximum of 90 % for the programmes of less developed regions F599... and of transition regions referred to in points (b) and (c) of paragraph 3;]

(b)75 % for operations contributing to the objectives of environment and climate change mitigation and adaptation under Article 17, points (a) and (b) of Article 21(1), Articles 28 29, 30 31 and 34;

F600(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the contribution rate applicable to the measure concerned increased by an additional 10 percentage points for contributions to financial instruments referred to in point (b) of Article 38(1) of Regulation 1303/2013;

[X11(e)100 % for operations receiving funding from funds transferred to the [F601core contribution] in application of Article 136a(1) of Regulation (EC) No 73/2009 and Article 7(2) and Article 14(1) of Regulation (EU) No 1307/2013;]

[F602(ea)100 % for operations receiving funding from additional resources referred to in Article 58a(1). Member States may establish a single, specific EAFRD contribution rate applicable to all those operations;]

F603(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F603(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F603(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6045.At least 5 % F605... of the total [F606core] contribution to the rural development programme shall be reserved for LEADER and community-led local development as referred to in Article 4 of Regulation (EU) 2020/2220.

When Member States make use of the possibility provided for in the sixth or seventh subparagraph of Article 14(1) of Regulation (EU) No 1307/2013, the percentages laid down in the first subparagraph of this paragraph shall apply to the total EAFRD contribution to the rural development programme without the additional support made available in accordance with the sixth or seventh subparagraph of Article 14(1) of Regulation (EU) No 1307/2013.]

6.At least 30 % of the total [F607core] contribution to the rural development programme shall be reserved for measures under the following Articles: Article 17 for environment and climate related investments; Articles 21, 28, 29 and 30, with the exception of Water Framework Directive related payments; and Articles 31, 32 and 34.

F608...

[F6096a.The F610... support provided under Article 39b shall not exceed 2 % of the total [F611core] contribution to the rural development programme for the years 2014-2020 as provided for in Part One of Annex I.]

F6127.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6138.An expenditure receiving support for rural development shall not be co-financed by way of a contribution from under Regulation 508/2014 or CMO support or direct payment support.]

9.Public expenditure on aid to enterprises shall comply with the aid limits laid down in respect of State aid, unless this Regulation provides otherwise.]

Editorial Information

Extent Information

E64This version of this provision applies to Wales only; separate versions have been created for England and Northern Ireland and Scotland

Textual Amendments

F592Arts. 51-59 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(44)

Article 60U.K.Eligibility of expenditure

[F121.By way of derogation from Article 65(9) of Regulation (EU) No 1303/2013, in cases of emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socioeconomic conditions of the [F274constituent nation] or region, the rural development programmes may provide that eligibility of expenditure relating to programme changes may start from the date when the event occurred.]

2.Expenditure shall be eligible for [F275rural development support] only where incurred for operations decided upon by the Managing Authority of the programme in question or under its responsibility, in accordance with selection criteria referred to in Article 49.

[F12With the exception of general costs as defined in point (c) of Article 45(2), in respect of investment operations under measures [F276in relation to the production of, and trade in, agricultural products], only expenditure which has been incurred after an application has been submitted to the competent authority shall be considered eligible. However, [F277relevant authorities] may provide in their programme that expenditure which is related to emergency measures due to natural disasters, catastrophic events or adverse climatic events or a significant and sudden change in the socioeconomic conditions of the [F278constituent nation] or region, and which has been incurred by the beneficiary after the event occurs, is also eligible.]

[F279Relevant authorities] may provide in their programmes that only expenditure which has been incurred after the application for support has been approved by the competent authority shall be eligible.

[F2803.Paragraphs 1 and 2 shall not apply to Article 51(1) and (2).]

[F124.Payments by beneficiaries shall be supported by invoices and documents proving payment. Where this cannot be done, payments shall be supported by documents of equivalent probative value, except for the forms of support referred to in Article 67(1) of Regulation (EU) No 1303/2013 other than under point (a) thereof.]

Textual Amendments

F280Art. 60(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(45)(b)

Article 61U.K.Eligible expenditure

1.Where running costs are covered by support under this Regulation the following types of costs shall be eligible:

(a)operating costs;

(b)personnel costs;

(c)training costs;

(d)costs linked to public relations;

(e)financial costs;

(f)networking costs.

2.Studies shall only be eligible expenditure where they are linked to a specific operation under the programme or the specific objectives and targets of the programme.

3.Contributions in kind in the form of provision of works, goods, services, land and real estate for which no cash payment supported by invoices or documents of equivalent probative value has been made, may be eligible for support provided that the conditions of Article 69 of Regulation (EU) No 1303/2013 are fulfilled.

[F281Article 62U.K.Verifiability and controllability of measures

1.The relevant authority must ensure that all the rural development measures that they intend to implement are verifiable and controllable. The Managing Authority and paying agency must also undertake the assessment of the verifiability and controllability of measures during the implementation of the rural development programme. Assessment during the implementation period must take into account the results of controls in the previous and current programming period. Where the assessment reveals that the requirements of verifiability and controllability are not met, the measures concerned must be adjusted accordingly.]

[F122.Where aid is granted on the basis of standard costs or additional costs and income foregone in accordance with points (a) and (b) of Article 21(1),as regards income foregone and maintenance costs, and with Articles 28 to 31, 33, and 34, [F282the relevant authority] shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation method. To this end, a body that is functionally independent from the authorities responsible for the programme implementation and possesses the appropriate expertise shall perform the calculations or confirm the adequacy and accuracy of the calculations. A statement confirming the adequacy and accuracy of the calculations shall be included in the rural development programme.]

Textual Amendments

Article 63U.K.Advances

1.Payment of advances [F283shall][F283may] be subject to the establishment of a bank guarantee or an equivalent guarantee corresponding to 100 % of the amount of the advance. As regards public beneficiaries, advances shall be paid to municipalities, regional authorities and associations thereof, as well as to public law bodies.

A facility provided as a guarantee by a public authority shall be considered equivalent to the guarantee referred to in the first subparagraph, provided that the authority undertakes to pay the amount covered by that guarantee if entitlement to the advance paid is not established.

2.The guarantee may be released when the competent paying agency establishes that the amount of actual expenditure corresponding to the public contribution related to the operation exceeds the amount of the advance.

Textual Amendments

F283Word in Art. 63(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(46)

TITLE VIU.K.MANAGEMENT, CONTROL AND PUBLICITY

F284Article 64U.K.Responsibilities of the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F285Article 65U.K.Responsibilities of the Member States

F2861.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.[F287The relevant authority shall ensure each rural development programme is administered by the following bodies:]

(a)the Managing Authority, which may be either a public or private body acting at national or regional level, or the [F288relevant authority] itself when it carries out that task, to be in charge of the management of the programme concerned;

(b)the [F289designated] paying agency within the meaning of Article 7 of Regulation (EU) No 1306/2013;

F290(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.[F291The relevant authority] shall ensure, for each rural development programme, that the relevant management and control system has been set up in such a way that ensures a clear allocation and separation of functions between the Managing Authority and other bodies. [F291The relevant authority] shall be responsible for ensuring that the systems function effectively throughout the programme period.

4.[F292The relevant authority] shall clearly define the tasks of the Managing Authority, the Paying Agency and the local action groups under LEADER as regards to the application of eligibility and selection criteria and the project selection procedure.]

Textual Amendments

F285Arts. 65-80 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(47)

[F285Article 66U.K.Managing Authority

1.The Managing Authority shall be responsible for managing and implementing the programme in an efficient, effective and correct way and in particular for:

(a)ensuring that there is an appropriate secure electronic system to record, maintain, manage and report statistical information on the programme and its implementation required for the purposes of monitoring and evaluation and, in particular, information required to monitor progress towards the defined objectives and priorities;

[F163((b)]F163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)ensuring that beneficiaries and other bodies involved in the implementation of operations:

(i)

are informed of their obligations resulting from the aid granted, and maintain either a separate accounting system or an adequate accounting code for all transactions relating to the operation;

(ii)

are aware of the requirements concerning the provision of data to the Managing Authority and the recording of outputs and results;

F293(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)ensuring that the evaluation plan referred to in Article 56 of Regulation (EU) No 1303/2013 is in place, that the ex post programme evaluation referred to in Article 57 of Regulation (EU) No 1303/2013 is conducted within the time limits laid down in that Regulation, ensuring that such evaluations conform to the monitoring and evaluation system and submitting them to the Monitoring Committee F294... ;

(f)providing the Monitoring Committee with the information and documents needed to monitor implementation of the programme in the light of its specific objectives and priorities;

(g)drawing up the annual progress report, including aggregate monitoring tables [F295and submitting it to the Monitoring Committee for approval];

(h)ensuring that the paying agency receives all necessary information, in particular on the procedures operated and any controls carried out in relation to operations selected for funding, before payments are authorised;

F296(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.The F297... Managing Authority may designate one or more intermediate bodies including local authorities, regional development bodies or non-governmental organisations, to carry out the management and implementation of rural development operations.

When a part of its tasks is delegated to another body, the Managing Authority shall retain full responsibility for the efficiency and correctness of management and implementation of those tasks. The Managing Authority shall ensure that appropriate provisions are in place to allow the other body to obtain all necessary data and information for execution of these tasks.

F2983.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2994.Subject to the role of the paying agencies and other bodies as set out in Regulation (EU) No 1306/2013, a co-ordinating body may be designated with the purpose of ensuring consistency in the management of the programmes between constituent nations.]

F3005.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F285Arts. 65-80 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(47)

TITLE VIIU.K.MONITORING AND EVALUATION

CHAPTER IU.K.General provisions

Section 1U.K.Establishment and objectives of a monitoring and evaluation system

[F301[F285Article 67U.K.Monitoring and evaluation system

The appropriate authority may make regulations setting out a monitoring and evaluation system.]]

Textual Amendments

F285Arts. 65-80 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(47)

[F285Article 68U.K.Objectives

The monitoring and evaluation system shall aim to:

(a)

demonstrate the progress and achievements of rural development policy and assess the impact, effectiveness, efficiency and relevance of rural development policy interventions;

(b)

contribute to better targeted support for rural development;

(c)

support a common learning process related to monitoring and evaluation.]

Textual Amendments

F285Arts. 65-80 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(47)

Section 2U.K.Technical provisions

[F285Article 69U.K.Common indicators

1.A list of common indicators relating to the initial situation as well as to the financial execution, outputs, results and impact of the programme and applicable to each programme shall be specified in the monitoring and evaluation system provided for in Article 67 to allow for aggregation of data F302....

2.The common indicators shall be based on available data and linked to the structure and objectives of the rural development policy framework and shall allow assessment of the progress, efficiency and effectiveness of policy implementation against objectives and targets at F303... national and programme level. The common impact indicators shall be based on available data.

3.The evaluator shall quantify the impact of the programme measured by the impact indicators. F304...]

Textual Amendments

F285Arts. 65-80 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(47)

[F285Article 70U.K.Electronic Information System

Key information on the implementation of the programme, on each operation selected for funding, as well as on completed operations, needed for monitoring and evaluation, including key information on each beneficiary and project, shall be recorded and maintained electronically.]

Textual Amendments

F285Arts. 65-80 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(47)

[F285Article 71U.K.Provision of information

Beneficiaries of support under rural development measures and local action groups shall undertake to provide to the Managing Authority and/or to appointed evaluators or other bodies delegated to perform functions on its behalf, all the information necessary to permit monitoring and evaluation of the programme, in particular in relation to meeting specified objectives and priorities.]

Textual Amendments

F285Arts. 65-80 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(47)

CHAPTER IIU.K.Monitoring

[F285Article 72U.K.Monitoring procedures

1.The Managing Authority and the Monitoring Committee referred to in Article 47 of Regulation (EU) No 1303/2013 shall monitor the quality of the implementation of the programme.

2.The Managing Authority and the Monitoring Committee shall carry out monitoring of each rural development programme by means of financial, output and target indicators.]

Textual Amendments

F285Arts. 65-80 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(47)

F305Article 73U.K.Monitoring Committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F285Article 74U.K.Responsibilities of the Monitoring Committee

The Monitoring Committee shall satisfy itself as to the performance of the rural development programme and the effectiveness of its implementation. To that end, in addition to the functions referred to in Article 49 of Regulation (EU) No 1303/2013 the Monitoring Committee shall:

(a)

[F12be consulted and shall issue an opinion, before publication of the relevant call for proposals, on the selection criteria for financed operations, which shall be revised according to programming needs;]

(b)

examine the activities and outputs related to the progress in the implementation of the evaluation plan of the programme;

(c)

examine, in particular, actions in the programme relating to the fulfilment of ex ante conditionalities, which fall within the responsibilities of the Managing Authority, and be informed of actions relating to the fulfilment of other ex ante conditionalities;

(d)

participate in the national rural network to exchange information on programme implementation; and

(e)

consider and approve the annual implementation reports F306....]

Textual Amendments

F285Arts. 65-80 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(47)

[F285Article 75U.K.Annual implementation report

[F3071.By 30 June 2016 and by 30 June of each subsequent year until and including [F3082026][F3082025][F3092024], the [F310Managing Authority] shall submit to the [F311Monitoring Committee] the annual implementation report on implementation of the rural development programme in the previous calendar year. The report submitted in 2016 shall cover the calendar years 2014 and 2015.]

2.In addition to complying with the requirements of Article 50 of Regulation (EU) No 1303/2013 annual implementation reports shall include information inter alia on financial commitments and expenditure by measure, and a summary of the activities undertaken in relation to the evaluation plan.

F3123.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.In addition to complying with the requirements of Article 50 of Regulation (EU) No 1303/2013, the annual implementation report submitted in 2019 shall also coverF313... an assessment of progress made in ensuring an integrated approach to use of F314... financial instruments to support the territorial development of rural areas, including through local development strategies.

5.The [F315appropriate authority may make regulations], laying down rules concerning the presentation of the annual implementation reports. F316...]

Textual Amendments

F285Arts. 65-80 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(47)

CHAPTER IIIU.K.Evaluation

[F285Article 76U.K.General provisions

[F3171.The appropriate authority may make regulations establishing the minimum requirements for the evaluation plan referred to in Article 56 of Regulation (EU) No. 1303/2013.]

2.[F318The relevant authority] shall ensure that the evaluations are in accordance with the common evaluation approach agreed in accordance with Article 67, shall organise the production and gathering of the requisite data, and shall supply the various pieces of information provided by the monitoring system to the evaluators.

3.The evaluation reports shall be made available by the [F319relevant authority] on its website.]

Textual Amendments

F285Arts. 65-80 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(47)

F320Article 77U.K.Ex ante evaluation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F320Article 78U.K.Ex post evaluation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F320Article 79U.K.Syntheses of evaluations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

TITLE VIIIU.K.COMPETITION PROVISIONS

[F285Article 80U.K.Rules applying to undertakings

Where support under this Regulation is granted to forms of co-operation between undertakings, it may be granted only to such forms of co-operation which comply with the competition rules as they apply by virtue of Articles 206 to 210 of the Regulation of the European Parliament and the Council (EU) No 1308/2013.]

Textual Amendments

F285Arts. 65-80 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(47)

F321Article 81U.K.State aid

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F322Article 82U.K.Additional financing

Payments in relation to operations for the production of, and trade in, agricultural products, and intended to provide additional financing for rural development for which support is granted at any time during the programming period, shall be included by relevant authorities in the rural development programme [F323as provided for in paragraph 1(j) of Article 8] and, where they comply with the criteria under this Regulation, shall be approved by the relevant authority.]

Textual Amendments

F323Words in Art. 82 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(48)

TITLE IXU.K.F324... COMMON PROVISIONS AND TRANSITIONAL AND FINAL PROVISIONS

CHAPTER IU.K.[F325Commission powers][F325Powers]

[F326Article 83U.K. Regulations

1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4.Regulations under this Regulation may:

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b)make different provision for different purposes.

5.Before making any regulations under this Regulation, the person or Department making the regulations must consult:

(a)such bodies or persons as appear to the person or Department to be representative of the interests likely to be substantially affected by the regulations, and

(b)such other bodies or persons as the person or Department may consider appropriate.]

Textual Amendments

[F327Article 84U.K. Regulations: parliamentary procedure

1.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

2.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

3.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

4.Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.]

Textual Amendments

Textual Amendments

F325Title 9 Ch. 1 heading substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(49)

CHAPTER IIU.K.Common provisions

F328Article 85U.K.Exchange of information and documents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 86U.K.Processing and protection of personal data

1.[F329The relevant authority]F330... shall collect personal data for the purpose of carrying out their [F331respective] management control, monitoring and evaluation obligations under this Regulation, and in particular those laid down in Titles VI and VII, and shall not process this data in a way which is incompatible with this purpose.

2.[F332Where personal data are processed for monitoring and evaluation purposes under Title VII using the secure electronic system referred to in Article 85, they shall be made anonymous, and processed in aggregated form only.]

3.Personal data shall be processed in accordance with the rules of [F333Directive 95/46/EC and Regulation (EC) No 45/2001][F333Regulation (EU) No 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account the minimum retention periods laid down in the [F334law as it applies in the constituent nation].

4.[F329The relevant authority] shall inform the data subjects that their personal data may be processed by [F335public] bodies in accordance with paragraph 1 and that in this respect they enjoy the rights set out in the data protection rules of, respectively, [F336Directive 95/46/EC and Regulation (EC) No 45/2001][F336Regulation (EU) No 2016/679 and the Data Protection Act 2018].

5.Articles 111 to 114 in Regulation(EU) 1306/2013 shall apply to this Article.

Textual Amendments

F331Word in Art. 86(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(50)(a)

F332Art. 86(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(50)(b)

Article 87U.K.General CAP provisions

Regulation (EU) No 1306/2013 and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

CHAPTER IIIU.K.Transitional and final provisions

[F337Article 88U.K.Regulation (EC) No 1698/2005

Regulation (EC) No 1698/2005 is repealed.

Regulation (EC) No 1698/2005 shall continue to apply to operations implemented pursuant to programmes approved by the Commission under that Regulation before 1 January 2014.]

Textual Amendments

F337Arts. 88-90 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(51)

[F337Article 89U.K.Transitional provisions

In order to facilitate the transition from the system established by Regulation (EC) No 1698/2005 to the system established by this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 83, laying down the conditions under which support approved by the Commission under Regulation (EC) No 1698/2005 may be integrated into support provided for under this Regulation, including for technical assistance and for the ex-post evaluations. Those delegated acts may also provide conditions for the transition from rural development support for Croatia under Regulation (EC) No 1085/2006 to support provided for under this Regulation.]

Textual Amendments

F337Arts. 88-90 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(51)

[F337Article 90U.K.Entry into force and application

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2014.]

Textual Amendments

F337Arts. 88-90 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(51)

Textual Amendments

F338...

Textual Amendments

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