TITLE IIIBASIC PAYMENT SCHEME, SINGLE AREA PAYMENT SCHEME AND RELATED PAYMENTS

CHAPTER 1Basic payment scheme and single area payment scheme

Section 3Implementation of the basic payment scheme

Article 32Activation of payment entitlements

1

Support under the basic payment scheme shall be granted to farmers, by means of declaration in accordance with Article 33(1), upon activation of a payment entitlement per eligible hectare in the F1constituent nation where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application F9of financial discipline, of reduction of payments in accordance with Article 11 and of linear reductions in accordance with F8F10Article 7 and Article 51(2) F2... of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013.

2

For the purposes of this Title, 'eligible hectare' means:

a

any agricultural area of the holdingF3... that is used for an agricultural activity or, where the area is also used for non-agricultural activities, is predominantly used for agricultural activities; or

b

F4any area which gave a right to payments in 2008 under the single payment scheme laid down in Title III of Regulation (EC) No 1782/2003, and which:

  1. (i)

    no longer complies with the definition of 'eligible hectare' under point (a) as a result of the implementation of Directive 92/43/EEC, Directive 2000/60/EC and Directive 2009/147/EC;

  2. (ii)

    for the duration of the relevant commitment by the individual farmer, is afforested pursuant to Article 31 of Regulation (EC) No 1257/1999 or to Article 43 of Regulation (EC) No 1698/2005 or to Article 22 of Regulation (EU) No 1305/2013 or under a national scheme the conditions of which comply with Article 43(1), (2) and (3) of Regulation (EC) No 1698/2005 or Article 22 of Regulation (EU) No 1305/2013; or

  3. (iii)

    for the duration of the relevant commitment of the individual farmer, is set aside pursuant to Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, to Article 39 of Regulation (EC) No 1698/2005 or to Article 28 of Regulation (EU) No 1305/2013.

3

For the purposes of point (a) of paragraph 2:

a

where an agricultural area of a holding is also used for non-agricultural activities, that area shall be considered to be used predominantly for agricultural activities provided that those agricultural activities can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activities;

b

F5the relevant authority may draw up a list of areas which are predominantly used for non-agricultural activities.

F7The relevant authority must apply the criteria it has established for the implementation of this paragraph in the constituent nation.

4

Areas shall be considered to be eligible hectares only if they comply with the definition of eligible hectare throughout the calendar year, except in the case of force majeure or exceptional circumstances.

F115

For the purposes of determining 'eligible hectare', F6the relevant authority having taken the decision referred to in the second subparagraph of Article 4(2) may apply a reduction coefficient to convert the hectares concerned into 'eligible hectares'.

6

Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding 0,2 %.