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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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Regulation (EU) No 1305/2013 of the European Parliament and of the Council, TITLE V is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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TITLE VU.K.FINANCIAL PROVISIONS

[F1Article 58E+W+N.I.Resources and their distribution

[F21.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.]

F32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.The annual breakdown [F5of the core contribution] is set out in Annex I.

[F65.Funds transferred under Article 14(2) of Regulation (EU) No 1307/2013 shall be subtracted from the core contribution.]

[F76.The funds transferred to the [F8core 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 [F8core 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.]

[F97.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 and 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 [F10Secretary of State may make regulations], to review the ceilings set out in Annex I to this Regulation.]

[F117A.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.]

F128.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

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

Textual Amendments

F1Arts. 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)

[F46Article 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

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

Textual Amendments

[F13[F1Article 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(1).

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

F1Arts. 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)

[F1Article 59E+W+N.I.Fund contribution

1.The decision approving a rural development programme shall set the [F14core contribution] to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed regions.

2.The [F15core] contribution shall be calculated on the basis of the amount of eligible public expenditure.

[F163. 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 F17...;]

(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 [F18core] contribution rate shall be 20 %.

4.By way of derogation from paragraph 3, the maximum [F19core] 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 F20... 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;

F21(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 [F22core 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;]

[F23(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;]

F24(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F255.At least 5 % F26... of the total [F27core] 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 [F28core] 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.

F29...

[F306a.The F31... support provided under Article 39b shall not exceed 2 % of the total [F32core] contribution to the rural development programme for the years 2014-2020 as provided for in Part One of Annex I.]

F337.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F348.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

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

F1Arts. 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

F471.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F482.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F493. 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 F50... transition regions. The maximum core contribution rate shall be:]

F51(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)63 % of the eligible public expenditure for the transition regions F53...;

(d)53 % of the eligible public expenditure in the other regions.

The minimum [F54core] contribution rate shall be 20 %.

4.By way of derogation from paragraph 3, the maximum [F55core] 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). [X2That rate may be increased to a maximum of 90 % for the programmes of F56... transition regions referred to in [F57point] (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;

F58(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;

[X2(e)100 % for operations receiving funding from funds transferred to the [F59core contribution] in application of [F60Article 11(4A) and Article 14] of Regulation (EU) No 1307/2013;]

[F23(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;]

F61(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F625.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.]

[F306a.The F63... support provided under Article 39b shall not exceed 2 % of the total [F64core] contribution to the rural development programme F65....]

F667.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F678.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

E4This 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 60U.K.Eligibility of expenditure

[F351.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 [F36constituent 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 [F37rural 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.

[F35With the exception of general costs as defined in point (c) of Article 45(2), in respect of investment operations under measures [F38in 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, [F39relevant 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 [F40constituent nation] or region, and which has been incurred by the beneficiary after the event occurs, is also eligible.]

[F41Relevant 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.

[F423.Paragraphs 1 and 2 shall not apply to Article 51(1) and (2).]

[F354.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

F42Art. 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.

[F43Article 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.]

[F352.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, [F44the 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 [F45shall][F45may] 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

F45Word 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)

(1)

Regulation (EU) 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

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