TITLE IV U.K. COUPLED SUPPORT

CHAPTER 1 U.K. Voluntary coupled support

[F1 Article 52 U.K. General rules

1. [F2 The relevant authority] may grant coupled support to farmers under the conditions laid down in this Chapter (in this Chapter referred to as "coupled support").

2. Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silkworms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.

3. Coupled support may only be granted to those sectors or to those regions of a [F3 constituent nation] where specific types of farming or specific agricultural sectors that are particularly important for economic, social or environmental reasons undergo certain difficulties.

4. By way of derogation from paragraph 3, coupled support may also be granted to farmers who:

(a) on 31 December 2014, have payment entitlements granted in accordance with Section 2 of Chapter 3 of Title III and Article 71m of Regulation (EC) No 1782/2003 and in accordance with Article 60 and the fourth paragraph of Article 65 of Regulation (EC) No 73/2009; and

(b) have at their disposal no eligible hectares for the activation of payment entitlements under the basic payment scheme as referred to in Chapter 1 of Title III of this Regulation.

F4 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 6. Coupled support is a production-limiting scheme that shall take the form of an annual payment based on fixed areas and yields or on a fixed number of animals and shall respect financial ceilings to be [F6 jointly agreed by the relevant authorities for each constituent nation.]]

7. In the case of a legal person, or a group of natural or legal persons, [F7 the relevant authority] may apply the limits referred to in paragraph 6 at the level of the members of those legal persons or groups where national law provides for the individual members to assume rights and obligations comparable to those of individual farmers who have the status of a head of holding, in particular as regards their economic, social and tax status, provided that they have contributed to strengthening the agricultural structures of the legal persons or groups concerned.

8. Any coupled support granted under this Article shall be consistent with [F8 measures provided for in Regulation (EU) No 1305/2013 and Regulation (EU) No 1308/2013 and any other measures specified for the purposes of this paragraph by virtue of paragraph 9].

9. In order to ensure efficient and targeted use of [F9 agricultural support] and to avoid double funding under other similar support instruments, the [F10 Secretary of State may make regulations] laying down:

(a) the conditions for granting coupled support;

(b) rules on consistency with other [F11 measures provided for in Regulation (EU) No 1305/2013 and Regulation (EU) No 1308/2013 and any other measures specified for the purposes of this paragraph by virtue of paragraph 9] and on the cumulation of support.

[F12 10. The [F13 Secretary of State may make regulations] supplementing this Regulation as regards measures in order to avoid beneficiaries of voluntary coupled support suffering from structural market imbalances in a sector. Those [F14 regulations] may allow [F15 for support to] continue to be paid until 2020 on the basis of the production units for which voluntary coupled support was granted in a past reference period.]

[F16 11. The Secretary of State may not make regulations under paragraph 9 or 10 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 9 or 10, the Secretary of State must have regard to that request.]]

Textual Amendments

F1 Art. 52 omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(21)

F2 Words in Art. 52(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(a)

F3 Words in Art. 52(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(b)

F4 Deleted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F5 Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F6 Words in Art. 52(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(c)

F7 Words in Art. 52(7) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(d)

F8 Words in Art. 52(8) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(e)

F9 Words in Art. 52(9) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(f)(i)

F10 Words in Art. 52(9) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(f)(ii)

F11 Words in Art. 52(9) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(f)(iii)

F12 Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F13 Words in Art. 52(10) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(g)(i)

F14 Word in Art. 52(10) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(g)(ii)

F15 Words in Art. 52(10) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(g)(iii)

F16 Art. 52(11) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(1)(h)

[F17 Article 53 E+N.I. Financial provisions

[F18 1. Up to 8% of the annual national ceiling set out in Annex II may be used to finance the coupled support.]

F19 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The percentages of the annual national ceiling referred to in [F20 paragraph 1] may be increased by up to two percentage points [F21 if] at least 2 % of [F22 the] annual national ceiling set out in Annex II [F23 is used] to support the production of protein crops under this Chapter.

F24 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from the percentages set out in paragraphs 1 to 4, F25 ... up to EUR 3 million per year [F26 may be used] for financing coupled support.

[F27 6. Where a decision has been reviewed and notified to the Commission by 1 August 2019 pursuant to this Chapter, it will have effect in calendar year 2020.]

F28 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E1 This version of this provision extends to England and Northern Ireland only; separate versions have been created for Scotland and Wales

Textual Amendments

F17 Art. 53 omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(21)

F18 Art. 53(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(a)

F19 Art. 53(2) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(b)

F20 Words in Art. 53(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(c)(i)

F21 Word in Art. 53(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(c)(ii)

F22 Word in Art. 53(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(c)(iii)

F23 Words in Art. 53(3) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(c)(iv)

F24 Art. 53(4) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(d)

F25 Words in Art. 53(5) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(e)(i)

F26 Words in Art. 53(5) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(e)(ii)

F27 Art. 53(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(f)

F28 Art. 53(7) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(g)

Article 53 W Financial provisions

[F30 1. Up to 10% of the total ceiling may be used to finance the coupled support.]

F31 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from the [F34 percentage set out in paragraph 1], F35 ... up to [F36 £3] million per year [F37 may be used] for financing coupled support.

F38 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E2 This version of this provision applies to Wales only; separate versions have been created for England and Northern Ireland and Scotland

Textual Amendments

F30 Art. 53(1) substituted (W.) (31.12.2020) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 7(22)(a)

F31 Art. 53(2) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(b)

F32 Art. 53(3) omitted (W.) (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 7(22)(b)

F33 Art. 53(4) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(d)

F34 Words in Art. 53(5) substituted (W.) (31.12.2020) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 7(22)(c)(i)

F35 Words in Art. 53(5) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(e)(i)

F36 Sum in Art. 53(5) substituted (W.) (31.12.2020) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 7(22)(c)(ii)

F37 Words in Art. 53(5) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(e)(ii)

F38 Art. 53(6) omitted (W.) (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 7(22)(d)

F39 Art. 53(7) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(g)

Article 53 S Financial provisions

[F40 1. Up to 10% of the total ceiling may be used to finance the coupled support.]

F41 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. By way of derogation from the [F44 percentage set out in paragraph 1], F45 ... up to EUR 3 million per year [F46 may be used] for financing coupled support.

F47 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to Scotland only; separate versions have been created for England and Northern Ireland and Wales

Textual Amendments

F40 Art. 53(1) substituted (S.) (1.1.2021) by The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 2(17)(a)

F41 Art. 53(2) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(b)

F42 Art. 53(3) omitted (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 2(17)(b)

F43 Art. 53(4) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(d)

F44 Words in Art. 53(5) substituted (S.) (1.1.2021) by The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 2(17)(c)

F45 Words in Art. 53(5) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(e)(i)

F46 Words in Art. 53(5) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(e)(ii)

F47 Art. 53(6) omitted (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 2(17)(d)

F48 Art. 53(7) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(2)(g)

F29 Article 54 U.K. Notification

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

Textual Amendments

F29 Arts. 54-67 omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(3)

F29 Article 55 U.K. Approval by the Commission

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

Textual Amendments

F29 Arts. 54-67 omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 6(3)