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Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009
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1.The basic payment scheme ceiling for any given year is calculated by deducting from the annual national ceiling set out in Annex II all the ceilings calculated in respect of that year in accordance with Articles 42, 47, 51 and 53.
2.The relevant authority’s share of the basic payment ceiling is the amount which remains for the basic payment scheme in the constituent nation after deducting from the relevant authority’s share of the national ceiling the ceilings set under Articles 42, 47 and 51 and the amount allocated in the constituent nation under Article 53. The relevant authority may increase the amount which represents its share of the basic payment scheme ceiling. That increase may not exceed 3% of the amount which represents its share of the annual national ceiling after deduction of the amount resulting from the application of Article 47(1) for the relevant year.
3.The relevant authority may review the decision under paragraph 2 on an annual basis.
4.The total value of all payment entitlements and the national reserve or regional reserves in the constituent nation must equal its share of the basic payment scheme ceiling. The total value of payment entitlements and national reserves and regional reserves in the United Kingdom must equal the basic payment scheme ceiling calculated in accordance with paragraph 1.]
[F25.If the ceiling [F3calculated] pursuant to paragraph 1 of this Article is different from that of the previous year as a result of any decision taken by [F4the relevant authority] in accordance with paragraph 3 of this Article, [F5Article 7A,][F6Article 14], Article 42(1), F7... the second subparagraph of Article 51(1), or Article 53, [F4the relevant authority] shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 4 of this Article.]
Extent Information
E1This version of this provision extends to Northern Ireland only; separate versions have been created for Scotland and Wales and England
Textual Amendments
F1Art. 22(1)-(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(a)
F2Substituted by Regulation (EU) 2019/288 of the European Parliament and of the Council of 13 February 2019 amending Regulations (EU) No 1305/2013 and (EU) No 1307/2013 as regards certain rules on direct payments and support for rural development in respect of the years 2019 and 2020.
F3Word in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(i)
F4Words in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(ii)
F5Words in Art. 22(5) inserted (31.1.2020) by Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2), ss. 5(5), 9(2)
F6Words in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(iii)
F7Words in Art. 22(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), 5(2)(b)(iv)
F91.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F102.The basic payment scheme ceiling in Wales for any given year is the amount which remains for the basic payment scheme after deducting, from the total ceiling, the ceilings set in accordance with Articles 42 and 51 for that year, and the amount allocated under Article 53.]
F113.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F124.The total value of all claimed payment entitlements in the constituent nation must equal the basic payment scheme ceiling in Wales.]]
[F135.If the ceiling calculated pursuant to paragraph 2 of this Article is different from the relevant authority’s share of the basic payment scheme ceiling in claim year 2020 as a result of any decision taken by the relevant authority, or the total value of all claimed payment entitlements (including those allocated and claimed from the national reserve or regional reserve) is different from the total value of claimed payment entitlements in claim year 2020, the relevant authority shall linearly reduce or increase the value of all claimed payment entitlements in order to ensure compliance with paragraph 4 of this Article.]
Extent Information
E2This version of this provision applies to Wales only; separate versions have been created for Northern Ireland and England and Scotland
Textual Amendments
F8Art. 22(1)-(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(a)
F9Art. 22(1) 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(10)(a)
F10Art. 22(2) 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(10)(b)
F11Art. 22(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(10)(c)
F151.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F162.The basic payment scheme ceiling in England for the given year is the amount which remains for the basic payment scheme after deducting from the total ceiling the ceiling set for England under Article 51 for that year. The relevant authority may increase the amount of the basic payment scheme ceiling in England. That increase may not exceed 3% of the total ceiling.]
3.The relevant authority may review the decision under paragraph 2 on an annual basis.
4.The total value of all payment entitlements and the national reserve or regional reserves in [F17England] must equal F18... the basic payment scheme ceiling [F19in England]. F20...]
[F215.If the ceiling [F22calculated] pursuant to [F23paragraph 2] of this Article is different from that of the previous year as a result of [F24the removal of the payment for agricultural practices beneficial for the climate and the environment or] any decision taken by [F25the relevant authority] in accordance with paragraph 3 of this Article, [F26or], F27... the second subparagraph of Article 51(1), F28... [F25the relevant authority] shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 4 of this Article.]
Extent Information
E3This version of this provision applies to England only; separate versions have been created for Northern Ireland and Wales and Scotland
Textual Amendments
F14Art. 22(1)-(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(a)
F15Art. 22(1) 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(11)(a)
F16Art. 22(2) substituted (E.) (1.1.2021) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(11)(b)
F17Word in Art. 22(4) substituted (E.) (1.1.2021) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(11)(c)(i)
F18Words in Art. 22(4) 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(11)(c)(ii)
F19Words in Art. 22(4) inserted (E.) (1.1.2021) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(11)(c)(iii)
F20Words in Art. 22(4) 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(11)(c)(iv)
F21Substituted by Regulation (EU) 2019/288 of the European Parliament and of the Council of 13 February 2019 amending Regulations (EU) No 1305/2013 and (EU) No 1307/2013 as regards certain rules on direct payments and support for rural development in respect of the years 2019 and 2020.
F22Word in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(i)
F23Words in Art. 22(5) substituted (E.) (1.1.2021) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(11)(d)(i)
F24Words in Art. 22(5) inserted (E.) (1.1.2021 in relation to an application for direct payments made in 2021 or in any subsequent year) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 5(4) (with reg. 1(2))
F25Words in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(ii)
F26Word in Art. 22(5) substituted (E.) (1.1.2021) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(11)(d)(ii)
F27Words in Art. 22(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), 5(2)(b)(iv)
F28Words in Art. 22(5) 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(11)(d)(iii)
F301.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.[F31The basic payment scheme ceiling for any given year is the amount which remains for the basic payment scheme after deducting, from the total ceiling, the ceilings set under Articles 47, 51 and 53 for that year. The relevant authority may decide to increase the amount of the basic payment scheme ceiling. That increase may not exceed 3% of the total ceiling after deduction of the amount resulting from the application of Article 47(1) for the relevant year.]
3.The relevant authority may review the decision under paragraph 2 on an annual basis.
4.The total value of all payment entitlements and the national reserve or regional reserves in [F32Scotland] must equal F33... the basic payment scheme ceiling [F34in Scotland]. F35...]
[F365.If the ceiling [F37calculated] pursuant to [F38paragraph 2] of this Article is different from that of the previous year as a result of any decision taken by [F39the relevant authority] in accordance with paragraph 3 of this Article, F40...[F41Article 14], F42...F43... the second subparagraph of Article 51(1), or Article 53, [F39the relevant authority] shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 4 of this Article.]
Extent Information
E4This version of this provision extends to Scotland only; separate versions have been created for Northern Ireland and Wales and England
Textual Amendments
F29Art. 22(1)-(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(a)
F30Art. 22(1) 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(8)(a)
F31Art. 22(2) 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(8)(b)
F32Word in Art. 22(4) 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(8)(c)(i)
F33Words in Art. 22(4) 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(8)(c)(ii)
F34Words in Art. 22(4) inserted (S.) (1.1.2021) by The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 2(8)(c)(iii)
F35Words in Art. 22(4) 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(8)(c)(iv)
F36Substituted by Regulation (EU) 2019/288 of the European Parliament and of the Council of 13 February 2019 amending Regulations (EU) No 1305/2013 and (EU) No 1307/2013 as regards certain rules on direct payments and support for rural development in respect of the years 2019 and 2020.
F37Word in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(i)
F38Words in Art. 22(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(8)(d)(i)
F39Words in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(ii)
F40Words in Art. 22(5) 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(8)(d)(ii)
F41Words in Art. 22(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(2)(b)(iii)
F42Words in Art. 22(5) 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(8)(d)(iii)
F43Words in Art. 22(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), 5(2)(b)(iv)
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