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Commission Delegated Regulation (EU) No 639/2014Show full title

Commission Delegated Regulation (EU) N o 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation

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[F1SECTION 1U.K.Voluntary coupled support

Article 51U.K.Definitions

For the purposes of this Section, ‘coupled support measures’ means measures implementing the voluntary coupled support referred to in Article 52(1) of Regulation (EU) No 1307/2013.

Article 52U.K.General principles

1.The regions referred to in Article 52(3) of Regulation (EU) No 1307/2013 [F2are the regions defined by the relevant authority [F3prior to exit day],] in accordance with objective and non-discriminatory criteria such as the agronomic and socioeconomic characteristics and the regional agricultural potential, or the institutional or administrative structure. Such regions may differ from regions established under other support schemes provided for in Regulation (EU) No 1307/2013.

2.When defining the specific types of farming or specific agricultural sectors referred to in Article 52(3) of Regulation (EU) No 1307/2013, [F4the relevant authority] shall take into account in particular the relevant production structures and conditions of the region or sector concerned.

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 53E+W+SConditions for granting the support

1.[F6The eligibility criteria for coupled support measures means the criteria defined by the relevant authority] with the framework set out in Regulation (EU) No 1307/2013 and the conditions laid down in this Regulation.

2.Areas and yields and number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013 shall be [F7jointly agreed by the relevant authorities for each constituent nation] at regional or sector level. They shall reflect the maximum yields, area cultivated or number of animals reached in the targeted region or sector in at least one year in the period of five years preceding the year of the decision referred to in Article 53(1) of that Regulation.

[F8The annual payment shall be expressed as the per unit amount of support. It may be either one of the following amounts, or, when the area or the number of animals eligible for the support does not exceed the area or the number of animals fixed as referred to in the first subparagraph of this paragraph, an amount between them:

(a)

the ratio between the amount fixed for the financing of the measure as notified according to point (3)(i) of Annex I to this Regulation [F9as it had effect immediately before exit day] and the area or the number of animals eligible for the support in the year in question;

(b)

the ratio between the amount fixed for the financing of the measure as notified according to point (3)(i) of Annex I to this Regulation [F10as it had effect immediately before exit day] and the area or the number of animals fixed as referred to in the first subparagraph of this paragraph.]

[F11Without prejudice to Article 52(6) of Regulation (EU) No 1307/2013, for the per unit amount of support referred to in the second subparagraph of this paragraph, [F12the relevant authority may decide, prior to exit day,] to apply modulated per unit amounts in respect of certain categories of farmers or at farm level in order to take into account economies of scale resulting from the size of the production structures in the targeted specific type of farming or specific agricultural sector, or, if the measure targets a region or an entire sector, in the region or sector concerned. F13...]

F143.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.Where the coupled support measure concerns bovine animals and/or sheep and goats, F15... the requirements to identify and register animals provided for in Regulation (EC) No 1760/2000 of the European Parliament and of the Council(1) or Council Regulation (EC) No 21/2004(2) respectively [F16shall apply].

F17...

[F18By 15 September 2015, Member States shall notify the Commission of the dates referred to in the second subparagraph.]

5.[F19The relevant authority] may not grant area-related coupled support for areas that are not eligible areas within the meaning of Article 32(2), (3) and (4) of Regulation (EU) No 1307/2013. F20...

Extent Information

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

Textual Amendments

Article 53N.I.Conditions for granting the support

1.[F40The eligibility criteria for coupled support measures means the criteria defined by the relevant authority] with the framework set out in Regulation (EU) No 1307/2013 and the conditions laid down in this Regulation.

[F412.Areas and yields and number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013 shall be fixed by the relevant authority at a regional or sector level.]

F423.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.Where the coupled support measure concerns bovine animals and/or sheep and goats, F43... the requirements to identify and register animals provided for in Regulation (EC) No 1760/2000 of the European Parliament and of the Council(1) or Council Regulation (EC) No 21/2004(2) respectively [F44shall apply].

F45...

[F46By 15 September 2015, Member States shall notify the Commission of the dates referred to in the second subparagraph.]

5.[F47The relevant authority] may not grant area-related coupled support for areas that are not eligible areas within the meaning of Article 32(2), (3) and (4) of Regulation (EU) No 1307/2013. F48...

Extent Information

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

Textual Amendments

[F21Article 53aU.K. Transfer of funds between measures

1.Without prejudice to the requirements set out in Chapter I of Title IV of Regulation (EU) No 1307/2013, [F22the relevant authority may decide, if jointly agreed by the relevant authorities for each constituent nation, to use the amounts fixed in accordance with Article 53 of Regulation (EU) No 1307/2013] for the purpose of financing one or several other support measures under Chapter I of Title IV of [F23that Regulation] in respect of the same claim year.

A transfer of funds between support measures shall not result in a support measure notified to the Commission [F24before exit day] pursuant to Article 54 of Regulation (EU) No 1307/2013 [F25as it existed immediately before exit day] and Article 67(1) and (2) of this Regulation [F26as it existed immediately before exit day] becoming void.

[F112.Where the area or the number of animals eligible for support under a voluntary coupled support measure in the claim year concerned equals to or exceeds the area or the number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013 as notified in accordance with point (3)(j) of Annex I to this Regulation [F27as it had effect immediately before exit day], the support measure shall not benefit from a transfer of funds from any other support measure(s).

3.Where the area or the number of animals eligible for support under a voluntary coupled support measure in the claim year concerned is lower compared to the area or the number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013 as notified in accordance with point (3)(j) of Annex I to this Regulation [F28as it had effect immediately before exit day], a transfer of funds shall not result in the per unit amount becoming lower than the ratio between the amount fixed for the financing as notified in accordance with point (3)(i) of that Annex [F29as it had effect immediately before exit day] and the area or the number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013.]

[F304.Where [F31the relevant authority grants] coupled support for protein crops while using the possibility provided for in Article 53(3) of Regulation (EU) No 1307/2013, a transfer of funds shall not result in the support available for protein crops to be less than 2 % of the annual national ceiling set out in Annex II to that Regulation.]

5.A decision to transfer funds between support measures shall be taken before the date of the first payment or payment of advances to farmers in respect of the voluntary coupled support. However, in respect of transfers from and to measures for which no payment has been made yet, such decision may be taken after that date, but no later than:

(a)

the last day of the month in which the first payment or payment of advances to farmers in respect of the voluntary coupled support is made;

(b)

30 November where such first payment or payment of advances is made in the period from 16 to 31 October.

6.The [F32relevant authority] intending to take a decision to transfer funds between support measures shall inform farmers of a possible transfer before the date of opening of the application period.]

Textual Amendments

Article 54U.K.Consistency and cumulation of support

1.For the purposes of Article 52(8) of Regulation (EU) No 1307/2013, measures provided for in Regulation (EU) No 1305/2013 and Regulation (EU) No 1308/2013 of the European Parliament and of the Council(3) shall be considered as ‘other F33... measures and policies’.

2.[F34The relevant authority] shall ensure consistency between:

(a)

coupled support measures and measures implemented under other F35... measures and policies;

(b)

different coupled support measures;

(c)

coupled support measures and measures funded by state aids.

[F34The relevant authority] shall ensure that coupled support measures do not interfere with the proper functioning of other measures mentioned in the first subparagraph.

[F363.Where support under a certain coupled support measure may also be granted under another coupled support measure, or under a measure implemented under other F37... measures and policies, [F38the relevant authority] shall ensure that the farmer concerned may receive support aiming at the objective referred to in Article 52(5) of Regulation (EU) No 1307/2013 under only one such measure per sector, region, specific type of farming or specific agricultural sector that is targeted in accordance with Article 52(3) of that Regulation.]

Textual Amendments

F39Article 55U.K.Criteria for approval by the Commission

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

Textual Amendments

Textual Amendments

(1)

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

(2)

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).

(3)

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/01 and (EC) No 1234/2007 (OJ L 347, p. 671).

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