Article 2W+S+N.I.Terms used in this Regulation
1.For the purpose of this Regulation:
(a)"farmer", means a farmer within the meaning of Article 4 of Regulation (EU) 1307/2013;
(b)"agricultural activity" means an agricultural activity within the meaning of Article 4 of Regulation (EU) 1307/2013;
(c)"agricultural area" means an agricultural area within the meaning of Article 4 of Regulation (EU) 1307/2013;
(d)"holding" means holding within the meaning of Article 4 of Regulation (EU) 1307/2013, save as provided for in Article 91(3);
(e)["direct payments" means direct payments within the meaning of Article 1 of Regulation (EU) 1307/2013;]
(f)[“sectoral agricultural legislation” means, insofar as it relates to direct payments:
(i)any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;
(ii)any delegated or implementing acts adopted on the basis of acts referred to in point (i);
(iii)regulations made in the exercise of powers under any act referred to in point (i);]
[‘sectoral agricultural legislation’ means , insofar as it relates to agricultural support:
(i)any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;
(ii)any delegated or implementing acts adopted on the basis of acts referred to in point (i);
(iii)regulations made in the exercise of powers under any act referred to in point (i);
(iv)Part Two of Regulation (EU) No 1303/2013 insofar as it applies to support for rural development;]
[(g)“irregularity” means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;]
[(h)“constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;]
(i)[“direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;]
[“agricultural support” means support for rural development and CMO support;]
[(j)“economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;]
[(k)“relevant authority”, unless otherwise defined in this Regulation, means:
(i)in England, the Secretary of State;
(ii)in Wales, the Welsh Ministers;
(iii)in Scotland, the Scottish Ministers;
(iv)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]
[(l)“relevant accounting officer” means:
(i)in England, the accounting officer for the Department for Environment, Food and Rural Affairs;
(ii)in Wales, the Permanent Secretary of the Welsh Government;
(iii)in Scotland, the Permanent Secretary of the Scottish Government;
(iv)in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;]
[(m)[“appropriate authority” means:
(i)subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;
(ii)the Secretary of State:
(aa)in relation to Scotland, if consent is given by the Scottish Ministers;
(bb)in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.]
[“appropriate authority” means the relevant authority for the constituent nation in which the regulations apply.]]
[(m)‘appropriate authority’ means:
(i)subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;
(ii)the Secretary of State:
(aa)in relation to regulations made under Article 66(3) or (4), where the subject matter is outside devolved competence;
(bb)in relation to Wales, for regulations made under Article 8, 20, 79(2), 84(6), 88 or 106(5) or (6) of this Regulation, if consent is given by the Welsh Ministers;
(cc)in relation to Scotland, if consent is given by the Scottish Ministers;
(dd)in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs;
For the purposes of point (ii)(aa), it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:
(i)in relation to Wales, Senedd Cymru, if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006);
(ii)in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);
(iii)in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).]
[(n) “CMO support” means financial support granted under:
(i)Regulation (EU) No 1308/2013 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;
(ii)any delegated or implementing acts adopted on the basis of Regulation (EC) No 1234/2007;
(iii)Regulation (EU) No 1144/2014 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;
(o)‘support for rural development’ means financial support granted under Title III of Regulation (EU) No 1305/2013 or Title III, Chapter II of Regulation (EU) No 1303/2013;]
2.For the purposes of the financing, management and monitoring of [expenditure on direct payments and for the purposes of sectoral agricultural legislation] [expenditure on agricultural support and for the purposes of sectoral agricultural legislation], "force majeure" and "exceptional circumstances" may, in particular, be recognised in the following cases:
(a)the death of the beneficiary;
(b)long-term professional incapacity of beneficiary;
(c)a severe natural disaster gravely affecting the holding;
(d)the accidental destruction of livestock buildings on the holding;
(e)an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively;
(f)expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application.
[3.In this Regulation, references to Regulation (EU) No 1303/2013 are references to that Regulation as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.]
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Article 2ETerms used in this Regulation
1.For the purpose of this Regulation:
[(a)“farmer” means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members by law, whose holding is situated within England, and who exercises an agricultural activity;]
[(b)“agricultural activity” means—
(i)production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,
(ii)maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by the relevant authority, or
(iii)carrying out a minimum activity, defined by the relevant authority, on agricultural areas naturally kept in a state suitable for grazing or cultivation;]
[(c)“agricultural area” means any area taken up by arable land, permanent grassland and permanent pasture, or permanent crops;]
[(d)“holding” means all the units situated in England which are used for agricultural activities and managed by a farmer;]
[(e)“direct payments” means, in relation to England only, direct payments within the meaning of Article 1 of Regulation (EU) No 1307/2013 as that regulation applied in relation to England immediately before the end of 2023;]
[(ea)“permanent crops” means non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more and yield repeated harvests, including nurseries and short rotation coppice;
(eb)“permanent grassland and permanent pasture” (together referred to as “permanent grassland”) means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more, and, where the relevant authority so decides, that has not been ploughed up for five years or more; it may include other species such as shrubs and/or trees which can be grazed and, where the relevant authority so decides, other species such as shrubs and/or trees which produce animal feed, provided that the grasses and other herbaceous forage remain predominant. The relevant authority may also decide to consider as permanent grassland:
(i)land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; and/or
(ii)land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas;
(ec)“grasses or other herbaceous forage” means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the United Kingdom, whether or not used for grazing animals;]
(f)[“sectoral agricultural legislation” means, insofar as it relates to direct payments:
(i)any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;
(ii)any delegated or implementing acts adopted on the basis of acts referred to in point (i);
(iii)regulations made in the exercise of powers under any act referred to in point (i);]
[‘sectoral agricultural legislation’ means , insofar as it relates to agricultural support:
(i)any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;
(ii)any delegated or implementing acts adopted on the basis of acts referred to in point (i);
(iii)regulations made in the exercise of powers under any act referred to in point (i);
(iv)Part Two of Regulation (EU) No 1303/2013 insofar as it applies to support for rural development;]
[(g)“irregularity” means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;]
[(h)“constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;]
(i)[“direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;]
[“agricultural support” means support for rural development and CMO support;]
[(j)“economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;]
[(k)“relevant authority”, unless otherwise defined in this Regulation, means:
(i)in England, the Secretary of State;
(ii)in Wales, the Welsh Ministers;
(iii)in Scotland, the Scottish Ministers;
(iv)in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;]
[(l)“relevant accounting officer” means:
(i)in England, the accounting officer for the Department for Environment, Food and Rural Affairs;
(ii)in Wales, the Permanent Secretary of the Welsh Government;
(iii)in Scotland, the Permanent Secretary of the Scottish Government;
(iv)in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;]
[(m)“appropriate authority” means:
(i)subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;
(ii)the Secretary of State:
(aa)in relation to Scotland, if consent is given by the Scottish Ministers;
(bb)in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.]
[(m)‘appropriate authority’ means:
(i)subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;
(ii)the Secretary of State:
(aa)in relation to regulations made under Article 66(3) or (4), where the subject matter is outside devolved competence;
(bb)in relation to Wales, for regulations made under Article 8, 20, 79(2), 84(6), 88 or 106(5) or (6) of this Regulation, if consent is given by the Welsh Ministers;
(cc)in relation to Scotland, if consent is given by the Scottish Ministers;
(dd)in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs;
For the purposes of point (ii)(aa), it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:
(i)in relation to Wales, Senedd Cymru, if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006);
(ii)in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);
(iii)in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).]
[(n) “CMO support” means financial support granted under:
(i)Regulation (EU) No 1308/2013 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;
(ii)any delegated or implementing acts adopted on the basis of Regulation (EC) No 1234/2007;
(iii)Regulation (EU) No 1144/2014 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;
(o)‘support for rural development’ means financial support granted under Title III of Regulation (EU) No 1305/2013 or Title III, Chapter II of Regulation (EU) No 1303/2013;]
2.For the purposes of the financing, management and monitoring of [expenditure on direct payments and for the purposes of sectoral agricultural legislation] [expenditure on agricultural support and for the purposes of sectoral agricultural legislation], "force majeure" and "exceptional circumstances" may, in particular, be recognised in the following cases:
(a)the death of the beneficiary;
(b)long-term professional incapacity of beneficiary;
(c)a severe natural disaster gravely affecting the holding;
(d)the accidental destruction of livestock buildings on the holding;
(e)an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively;
(f)expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application.
[3.In this Regulation, references to Regulation (EU) No 1303/2013 are references to that Regulation as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.]
Extent Information
Textual Amendments