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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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  • Art. 12(a) omitted by S.I. 2019/764 reg. 4(6) (This amendment not applied to legislation.gov.uk. Reg. 4(6) omitted immediately before IP completion day by virtue of S.I. 2019/1405, regs. 1(2), 2(2))

Article 15S+N.I.Advisory services, farm management and farm relief services

1.Support under this measure shall be granted in order to:

(a)help farmers, young farmers as defined in this Regulation, forest holders, other land managers and SMEs in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

(b)promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in Articles 12 to 14 of Regulation (EU) No 1306/2013;

(c)promote the training of advisors.

[F12.The beneficiary of support provided in accordance with points (a) and (c) of paragraph 1 shall be either the provider of advice or training or the Managing Authority. Where the Managing Authority is the beneficiary, the provider of advice or training shall be selected by a body that is functionally independent from the Managing Authority. Support under point (b) of paragraph 1 shall be granted to the authority or body selected to set up the farm management, farm relief, farm advisory or forestry advisory service.]

[F13.The authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise. The providers under this measure shall be chosen through a selection procedure open to both public and private bodies. That selection procedure shall be objective and shall exclude candidates with conflicts of interest.]

When providing advice, advisory services shall respect the non-disclosure obligations referred to in Article 13(2) of Regulation (EU) No 1306/2013.

[F23a.For the purpose of this Article, [F3the relevant authority] shall, in accordance with Article 65(1), carry out all checks at the level of the provider of advice or training.]

4.Advice to the individual farmers, young farmers as defined in this Regulation and other land managers shall be linked to at least one F4... priority for rural development and shall cover as a minimum one of the following elements:

(a)obligations at farm level deriving from the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No 1306/2013;

(b)where applicable, the agricultural practices beneficial for the climate and the environment as laid down in Chapter 3 of Title III of Regulation (EU) No 1307/2013 and the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of Regulation (EU) No 1307/2013;

(c)measures at farm level provided for in rural development programmes aiming at farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as the promotion of entrepreneurship;

[F5(d)requirements arising from any programme of measures for river basin districts which has been implemented in consequence of Article 11(3) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy (‘the Water Framework Directive’), which is to be construed as if references to “Community legislation” were references to “the law as it applies in the constituent nation” and references to “Member States” were references to “The competent authority”;

(e)requirements which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Articles 14(1), (2), (4) and (5) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides, which are to be construed as if references to “Member States” were references to “the competent authority”]; or

(f)where relevant, occupational safety standards or safety standards linked to the farm;

(g)specific advice for farmers setting up for the first time.

[X1Advice may also cover other issues and in particular the information related to climate change mitigation and adaptation, biodiversity and the protection of water as laid down in Annex I to Regulation (EU) No 1306/2013 or issues linked to the economic and environmental performance of the agricultural holding, including competitiveness aspects.] This may include advice for the development of short supply chains, organic farming and health aspects of animal husbandry.

5.[F6Advice to forest holders shall cover, as a minimum, the relevant requirements which have been implemented as a consequence of Directives 92/43, 2009/147 and 2000/60.] It may also cover issues linked to the economic and environmental performance of the forest holding.

6.Advice to SMEs may cover issues linked to the economic and environmental performance of the enterprise.

7.Where duly justified and appropriate, advice may be provided partly in a group, while taking into account the situations of the individual user of advisory services.

8.Support under points (a) and (c) of paragraph 1 shall be limited to the maximum amounts laid down in Annex II. Support under point (b) of paragraph 1 shall be degressive over a maximum period of five years from setting up.

Editorial Information

Extent Information

E1This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales

Textual Amendments

Article 15WAdvisory services, farm management and farm relief services

1.Support under this measure shall be granted in order to:

(a)help farmers, young farmers as defined in this Regulation, forest holders, other land managers and [F7businesses] in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

(b)promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in [F8Article 12] of Regulation (EU) No 1306/2013;

(c)promote the training of advisors.

[F92.The beneficiary of support provided in accordance with points (a) and (c) of paragraph 1 shall be either the provider of advice or training or the Managing Authority. Where the Managing Authority is the beneficiary, the provider of advice or training shall be selected by a body that is functionally independent from the Managing Authority. Support under point (b) of paragraph 1 shall be granted to the authority or body selected to set up the farm management, farm relief, farm advisory or forestry advisory service.]

[F93.The authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise. The providers under this measure shall be chosen through a selection procedure open to both public and private bodies. That selection procedure shall be objective and shall exclude candidates with conflicts of interest.]

F10...

F113a.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.Advice to the individual farmers, young farmers as defined in this Regulation and other land managers shall be linked to at least one F12... priority for rural development and shall cover as a minimum one of the following elements:

(a)obligations at farm level deriving from the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No 1306/2013;

(b)where applicable, F13... the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of Regulation (EU) No 1307/2013;

(c)measures at farm level provided for in rural development programmes aiming at farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as the promotion of entrepreneurship;

[F14(d)requirements arising from any programme of measures for river basin districts which has been implemented in consequence of Article 11(3) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy (‘the Water Framework Directive’), which is to be construed as if references to “Community legislation” were references to “the law as it applies in the constituent nation” and references to “Member States” were references to “The competent authority”;

(e)requirements which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Articles 14(1), (2), (4) and (5) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides, which are to be construed as if references to “Member States” were references to “the competent authority”]; or

(f)where relevant, occupational safety standards or safety standards linked to the farm;

(g)specific advice for farmers setting up for the first time.

[X2Advice may also cover other issues and in particular the information related to climate change mitigation and adaptation, biodiversity and the protection of water F15... or issues linked to the economic and environmental performance of the agricultural holding, including competitiveness aspects.] This may include advice for the development of short supply chains, organic farming and health aspects of animal husbandry.

5.[F16Advice to forest holders shall cover, as a minimum, the relevant requirements which have been implemented as a consequence of Directives 92/43, 2009/147 and 2000/60.] It may also cover issues linked to the economic and environmental performance of the forest holding.

6.Advice to [F17businesses] may cover issues linked to the economic and environmental performance of the enterprise.

7.Where duly justified and appropriate, advice may be provided partly in a group, while taking into account the situations of the individual user of advisory services.

8.F18... Support under point (b) of paragraph 1 shall be degressive over a maximum period of five years from setting up.

Editorial Information

Extent Information

E2This version of this provision applies to Wales only; separate versions have been created for Scotland and Northern Ireland and England

Textual Amendments

F7Word in Art. 15(1)(a) 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(11)(a)(i)

F8Words in Art. 15(1)(b) 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(11)(a)(ii)

F10Words in Art. 15(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(11)(b)

F11Art. 15(3a) 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(11)(c)

F13Words in Art. 15(4)(b) 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(11)(d)(i)

F15Words in Art. 15(4) 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(11)(d)(ii)

F17Word in Art. 15(6) 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(11)(e)

F18Words in Art. 15(8) 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(11)(f)

Article 15EAdvisory services, farm management and farm relief services

1.Support under this measure shall be granted in order to:

(a)help farmers, young farmers as defined in this Regulation, forest holders, other land managers and SMEs in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

(b)promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in Articles 12 to 14 of Regulation (EU) No 1306/2013;

(c)promote the training of advisors.

[F192.The beneficiary of support provided in accordance with points (a) and (c) of paragraph 1 shall be either the provider of advice or training or the Managing Authority. Where the Managing Authority is the beneficiary, the provider of advice or training shall be selected by a body that is functionally independent from the Managing Authority. Support under point (b) of paragraph 1 shall be granted to the authority or body selected to set up the farm management, farm relief, farm advisory or forestry advisory service.]

[F193.The authorities or bodies selected to provide advice shall have appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields in which they advise. The providers under this measure shall be chosen through a selection procedure open to both public and private bodies. That selection procedure shall be objective and shall exclude candidates with conflicts of interest.]

When providing advice, advisory services shall respect the non-disclosure obligations referred to in Article 13(2) of Regulation (EU) No 1306/2013.

[F203a.For the purpose of this Article, [F21the relevant authority] shall, in accordance with Article 65(1), carry out all checks at the level of the provider of advice or training.]

4.Advice to the individual farmers, young farmers as defined in this Regulation and other land managers shall be linked to at least one F22... priority for rural development and shall cover as a minimum one of the following elements:

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(b)where applicable, the maintenance of the agricultural area as referred to in point (c) of Article 2(1) of Regulation (EU) No 1306/2013;]

(c)measures at farm level provided for in rural development programmes aiming at farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as the promotion of entrepreneurship;

[F25(d)requirements arising from any programme of measures for river basin districts which has been implemented in consequence of Article 11(3) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy (‘the Water Framework Directive’), which is to be construed as if references to “Community legislation” were references to “the law as it applies in the constituent nation” and references to “Member States” were references to “The competent authority”;

(e)requirements which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Articles 14(1), (2), (4) and (5) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides, which are to be construed as if references to “Member States” were references to “the competent authority”]; or

(f)where relevant, occupational safety standards or safety standards linked to the farm;

(g)specific advice for farmers setting up for the first time.

[X3Advice may also cover other issues and in particular the information related to climate change mitigation and adaptation, biodiversity and the protection of water as laid down in Annex I to Regulation (EU) No 1306/2013 or issues linked to the economic and environmental performance of the agricultural holding, including competitiveness aspects.] This may include advice for the development of short supply chains, organic farming and health aspects of animal husbandry.

5.[F26Advice to forest holders shall cover, as a minimum, the relevant requirements which have been implemented as a consequence of Directives 92/43, 2009/147 and 2000/60.] It may also cover issues linked to the economic and environmental performance of the forest holding.

6.Advice to SMEs may cover issues linked to the economic and environmental performance of the enterprise.

7.Where duly justified and appropriate, advice may be provided partly in a group, while taking into account the situations of the individual user of advisory services.

8.Support under points (a) and (c) of paragraph 1 shall be limited to the maximum amounts laid down in Annex II. Support under point (b) of paragraph 1 shall be degressive over a maximum period of five years from setting up.

Editorial Information

Extent Information

E3This version of this provision applies to England only; separate versions have been created for Scotland and Northern Ireland and Wales

Textual Amendments

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