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

TITLE IIU.K.PROGRAMMING

CHAPTER IU.K.Programming content

[F1Article 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

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

Textual Amendments

[F25Article 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

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

Textual Amendments

F25Art. 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)

F2Article 7U.K.Thematic sub-programmes

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

Textual Amendments

[F3Article 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:

F4(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 F5... priorities for rural development. Specific needs concerning the environment, climate change mitigation and adaptation and innovation shall be assessed across F5... 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 F5... 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 F5... priorities for rural development included in the programme, based on a sound intervention logic F6... 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 F7...;

(v)

an appropriate approach towards innovation with a view to achieving the F5... 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 F8... 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 F9....

F10(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 [F11relevant 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)

[F12a table setting out, in accordance with Article 58(4) and Article 58a(2) of this Regulation, the total [F13core] 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 [F13core] contribution, the appropriations provided for the less developed regions and the funds transferred to the [F13support for rural development] pursuant to Article 7(2) of Regulation (EU) No 1307/2013. F14...;]

(ii)

[F12a table setting out, for each measure, for each type of operation with a specific [F13core] contribution rate, for the type of operation referred to in Article 37(1) and Article 39a F15... and for technical assistance, the total F5... contribution planned and the applicable [F13core] contribution rate. Where applicable, that table shall indicate separately the [F13core] 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;

[F16(l)information on the complementarity with other support provided to the agricultural and fisheries sectors;]

(m)programme implementing arrangements including:

(i)

the designation F17... 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 [F18the 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.

F192.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F203.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

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

Textual Amendments

F3Arts. 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:

F26(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 F27... priorities for rural development. Specific needs concerning the environment, climate change mitigation and adaptation and innovation shall be assessed across F27... 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 F27... 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 F27... priorities for rural development included in the programme, based on a sound intervention logic F28... 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 F29...;

(v)

an appropriate approach towards innovation with a view to achieving the F27... 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 F30... 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 F31....

F32(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 [F33relevant 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)

[F34a 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)

[F12a table setting out, for each measure, for each type of operation with a specific [F35core] contribution rate, for the type of operation referred to in Article 37(1) and Article 39a, F36... and for technical assistance, the total F27... contribution planned and the applicable [F35core] contribution rate. Where applicable, that table shall indicate separately the [F35core] 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 F37... 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;

[F38(l)information on the complementarity with other support provided to the agricultural and fisheries sectors;]

(m)programme implementing arrangements including:

(i)

the designation F39... 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 [F40the 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.

F412.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F423.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 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

[F3Article 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 F21... programming, if relevant and applicable to the specific objectives pursued within the priorities of the programme.]

Textual Amendments

F3Arts. 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)

F22[F3Article 10U.K.Approval of rural development programmes

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

Textual Amendments

F3Arts. 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)

[F23[F3Article 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

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

Textual Amendments

F3Arts. 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)

[F43Article 11SAmendment of rural development programmes

[F44The 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

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

Textual Amendments

[F24[F3Article 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

F3Arts. 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)