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TITLE IIU.K.GENERAL PROVISIONS ON DIRECT PAYMENTS

CHAPTER 1U.K.Common rules on direct payments

[F1Article 9E+S+N.I.Active farmer

1.No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, whose agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and who do not carry out on those areas the minimum activity defined by [F2the relevant authority] in accordance with point (b) of Article 4(2).

2.No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, who operate airports, railway services, waterworks, real estate services, permanent sport and recreational grounds.

[F3Nothing in this Regulation prevents the relevant authority from adding to the list in the first subparagraph any other similar non-agricultural businesses or activities or from removing any such additions, provided that any such additions and removals are appropriate and made on the basis of objective and non-discriminatory criteria.]

A person or group of persons falling within the scope of the first or second subparagraph shall, however, be regarded as an active farmer if it provides verifiable evidence, in the form that is required by [F4the relevant authority], which demonstrates any of the following:

(a)that the annual amount of direct payments is at least 5 % of the total receipts that it obtained from non-agricultural activities in the most recent fiscal year for which such evidence is available;

(b)that its agricultural activities are not insignificant;

(c)that its principal business or company objects consist of exercising an agricultural activity.

3.[F5Nothing in this Regulation prevents the relevant authority from deciding], on the basis of objective and non-discriminatory criteria, that no direct payments are to be granted to natural or legal persons, or to groups of natural or legal persons:

(a)whose agricultural activities form only an insignificant part of their overall economic activities; and/or

(b)whose principal activity or company objects do not consist of exercising an agricultural activity.

[F63a.[F7Nothing in this Regulation prevents the relevant authority from deciding] that no direct payments are to be granted to farmers who are not registered, for their agricultural activities, in a national fiscal or social security register.]

[F84.Paragraphs 2, 3 and 3a do not apply to farmers who received direct payments for the previous year, if the amount of those direct payments was no more than the amount set by the relevant authority in accordance with this Regulation prior to exit day.]

5.In order to guarantee the protection of the rights of farmers, the [F9appropriate authority may make regulations] laying down:

(a)criteria for determining the cases where a farmer's agricultural area is to be considered to be mainly an area naturally kept in a state suitable for grazing or cultivation;

(b)criteria for establishing the distinction between receipts resulting from agricultural and non-agricultural activities;

(c)criteria for establishing the amounts of direct payments referred to in paragraphs 2 and 4, especially concerning F10... direct payments for new farmers;

(d)criteria that farmers are to meet in order to prove for the purposes of paragraphs 2 and 3 that their agricultural activities are not insignificant and that their principal business or company objects consist of exercising an agricultural activity.

F116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F127.Nothing in this Regulation prevents the relevant authority from deciding that only one or two of the criteria listed in the third subparagraph of paragraph 2 applies.]

[F138.The relevant authority may decide to stop applying paragraph 2.]]

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

Article 9WActive farmer

1.No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, whose agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and who do not carry out on those areas the minimum activity defined by [F14the relevant authority] in accordance with point (b) of Article 4(2).

F152.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153a.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F154.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.In order to guarantee the protection of the rights of farmers, the [F16appropriate authority may make regulations] laying down:

(a)criteria for determining the cases where a farmer's agricultural area is to be considered to be mainly an area naturally kept in a state suitable for grazing or cultivation;

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F206.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F208.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

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

Textual Amendments