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Regulation (EU) No 1307/2013 of the European Parliament and of the CouncilShow full title
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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- Revised 01/03/20190.92 MB
- Revised 21/01/20190.82 MB
- Revised 05/02/20180.81 MB
- Revised 01/01/20180.80 MB
- Revised 03/07/20170.78 MB
- Revised 03/06/20150.83 MB
- Revised 01/01/20151.26 MB
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Changes over time for: Article 45
Changes to legislation:
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Changes to Legislation
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Changes and effects yet to be applied to Article 45:
- rt. 52(9) substituted by S.R. 2021/42 reg. 19(2)(c)
- Regulation power to modify conferred by 2023 asc 4 s. 16
- Regulation power to modify conferred (temp.) by 2020 asp 17 s. 2
- Regulation power to modify conferred (temp.) by 2020 asp 17 s. 3
- Regulation power to modify conferred (temp.) by 2020 asp 17 s. 4
- Regulation revoked by S.I. 2023/1430 Sch. 3 para. 1 Table 1
- Art. 45(1) substituted by S.I. 2019/207 reg. 5(23)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(1) words inserted in earlier amending provision S.I. 2019/207, reg. 5(23)(a) by S.I. 2019/759 reg. 14(2)
- Art. 45(2) words omitted by S.I. 2019/207 reg. 5(23)(b)(v) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(2) words substituted by S.I. 2019/207 reg. 5(23)(b)(i)(aa) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(2) words substituted by S.I. 2019/207 reg. 5(23)(b)(i)(bb) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(2) words substituted by S.I. 2019/207 reg. 5(23)(b)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(2) words substituted by S.I. 2019/207 reg. 5(23)(b)(iv) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(2)(a) words omitted by S.I. 2019/207 reg. 5(23)(b)(iii) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(3) words substituted by S.I. 2019/207 reg. 5(23)(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 45(5) words omitted by S.I. 2019/748 reg. 43(a)(ii) (This amendment not applied to legislation.gov.uk. Pt. 3 omitted immediately before IP completion day by S.I. 2020/1445, reg. 10(11))
- Art. 45(5) words substituted by S.I. 2019/748 reg. 43(a)(i) (This amendment not applied to legislation.gov.uk. Pt. 3 omitted immediately before IP completion day by S.I. 2020/1445, reg. 10(11))
- Art. 45(6) words substituted by S.I. 2019/748 reg. 43(b) (This amendment not applied to legislation.gov.uk. Pt. 3 omitted immediately before IP completion day by S.I. 2020/1445, reg. 10(11))
- Art. 45(7) words omitted by S.I. 2019/748 reg. 43(c)(ii) (This amendment not applied to legislation.gov.uk. Pt. 3 omitted immediately before IP completion day by S.I. 2020/1445, reg. 10(11))
- Art. 45(7) words substituted by S.I. 2019/748 reg. 43(c)(i) (This amendment not applied to legislation.gov.uk. Pt. 3 omitted immediately before IP completion day by S.I. 2020/1445, reg. 10(11))
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 1(b)(i) words omitted by S.I. 2019/207 reg. 3(1)(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 1(b)(v) omitted by S.I. 2019/207 reg. 3(1)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 1(b)(x) omitted by S.I. 2019/207 reg. 3(1)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 1(b)(iii) omitted by S.S.I. 2020/460 reg. 2(2)
- Art. 1(b)(iii) omitted by S.I. 2020/1513 reg. 2(2)(a)
- Art. 1(b)(vii) omitted by S.I. 2020/1513 reg. 2(2)(b)
- Art. 1(b)(viii) omitted by S.I. 2019/207 reg. 3(1)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 1(b)(ii) omitted by S.I. 2019/207 reg. 3(1)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- art. 1(b)(iv) omitted by S.R. 2021/42 reg. 4(2)
- Art. 1(b)(iv) omitted by S.I. 2020/1387 reg. 5(2)
- Art. 1(b)(ix) omitted by S.I. 2019/207 reg. 3(1)(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- art. 4(1)(a) words substituted by S.R. 2021/42 reg. 13(2)(a)
- art. 4(1)(b) words substituted by S.R. 2021/42 reg. 13(2)(b)
- art. 4(1)(c)(i) word inserted by S.R. 2021/40 reg. 2(2)(a)(i)(aa)
- Art. 4(1)(c)(i) word inserted by S.I. 2020/1513 reg. 2(3)(a)(i)(aa)
- art. 4(1)(c)(iii) omitted by S.R. 2021/40 reg. 2(2)(a)(i)(cc)
- Art. 4(1)(c)(iii) omitted by S.I. 2020/1513 reg. 2(3)(a)(i)(cc)
- Art. 4(1)(c)(iii) words substituted by S.I. 2019/207 reg. 3(3)(c)(ii) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- art. 4(1)(c)(ii) words omitted by S.R. 2021/40 reg. 2(2)(a)(i)(bb)
- Art. 4(1)(c)(ii) words omitted by S.I. 2020/1513 reg. 2(3)(a)(i)(bb)
- Art. 4(1)(c)(ii) words substituted by S.I. 2019/207 reg. 3(3)(c)(i) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- art. 4(1)(t) inserted by S.R. 2021/40 reg. 2(2)(a)(ii)
- art. 4(2)(b) omitted by S.R. 2021/40 reg. 2(2)(b)
- art. 5A inserted by S.R. 2021/40 reg. 2(3)
- art. 5A(4) words substituted by S.R. 2021/42 reg. 21(2)
- art. 7A omitted by S.R. 2021/40 reg. 2(4)
- Art. 11(4A)(4B) inserted by S.S.I. 2020/460 reg. 2(6)(b)
- Art. 11A inserted by S.I. 2021/407 reg. 3(3)
- Art. 11A substituted by S.I. 2022/407 reg. 2
- Art. 11A substituted by S.I. 2023/456 reg. 3
- Art. 14(3) inserted in earlier amending provision S.I. 2019/207, reg. 4(8) by S.I. 2019/812 reg. 2(2)(b)
- art. 21(b) words omitted by S.R. 2021/40 reg. 2(8)
- Art. 24(1)(a)(i) word substituted by S.I. 2019/207 reg. 5(4)(b)(iii)(bb) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 24(1)(a)(i) words inserted by S.I. 2019/207 reg. 5(4)(b)(iii)(cc) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 24(1)(a)(i) words substituted by S.I. 2019/207 reg. 5(4)(b)(iii)(aa) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- Art. 24(1)(a)(ii) omitted by S.I. 2019/207 reg. 5(4)(b)(iv) (This amendment not applied to legislation.gov.uk. S.I. 2019/207 revoked (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 24(a))
- art. 30(7)(f) words omitted by S.R. 2021/40 reg. 2(12)(d)
- art. 30(10a) inserted by S.R. 2021/42 reg. 10(2)
- art. 30(10b) inserted by S.R. 2022/1 reg. 3(2)
- art. 30(12) inserted by S.R. 2022/1 reg. 2(2)
- Art. 31(1)(a) omitted by S.S.I. 2023/308 reg. 2
- art. 31(1)(a)(i) omitted by S.R. 2021/40 reg. 2(13)
- Art. 31(1)(b) omitted by S.S.I. 2023/308 reg. 2
- Art. 32(2)(b)(iia) inserted by S.I. 2023/718 reg. 2(2)(b)
- Art. 32(2)(b)(ii) word omitted by S.I. 2022/706 reg. 3(a)(i)
- Art. 32(2)(b)(ii) words omitted by S.I. 2023/718 reg. 2(2)(a)
- Art. 32(2)(b)(iv)(v) inserted by S.I. 2022/706 reg. 3(a)(ii)
- art. 32A inserted by S.R. 2021/42 reg. 4(4)
- art. 35(1)(h) omitted by S.R. 2021/40 reg. 2(16)
- Art. 46(2)(h) substituted by S.S.I. 2022/279 reg. 2(2)(a)
- art. 50(2a) inserted by S.R. 2021/42 reg. 10(3)
- art. 52(11) omitted by S.R. 2021/42 reg. 19(2)(e)
[F1Article 45U.K.Permanent grassland
[F21.Farmers shall not convert or plough permanent grassland situated in areas which, prior to exit day, have been designated by the relevant authority as permanent grasslands which are environmentally sensitive.]
2.[F3The relevant authority] shall ensure that the ratio of areas of permanent grassland to the total agricultural area declared by the farmers in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 does not decrease by more than 5 % compared to [F4the reference ratio] established by [F5the relevant authority] in 2015 by dividing areas of permanent grassland referred to in point (a) of the second subparagraph of this paragraph by the total agricultural area referred to in point (b) of that subparagraph.
For the purposes of establishing the reference ratio referred to in the first subparagraph:
(a)"areas of permanent grassland" means the land under permanent pasture declared in 2012, F6... in accordance with Regulation (EC) No 73/2009 by the farmers subject to the obligations under this Chapter, as well as the areas of permanent grassland declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 by the farmers subject to the obligations under this Chapter that have not been declared as land under permanent pasture in 2012 F7...;
(b)"total agricultural area" means the agricultural area declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 by farmers subject to the obligations under this Chapter.
The reference ratio of permanent grassland shall be recalculated in cases where farmers subject to the obligations under this Chapter have an obligation to reconvert an area into permanent grassland in 2015 or in 2016 in accordance with Article 93 of Regulation (EU) No 1306/2013. In such cases, these areas shall be added to the areas of permanent grassland referred to in point (a) of the second subparagraph of this paragraph.
The ratio of permanent grassland shall be established each year on the basis of the areas declared by the farmers subject to the obligations under this Chapter for that year in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013.
[F8The obligation under this paragraph shall apply across the constituent nation.]
F9...
3.Where it is established that the ratio referred to in paragraph 2 has decreased by more than 5 % [F10in the constituent nation, the relevant authority] shall impose obligations at holding level to reconvert land into permanent grassland for those farmers who have land at their disposal which was converted from land under permanent pasture or from permanent grassland into land for other uses during a period in the past.
However, where the amount of areas of permanent grassland in absolute terms established in accordance with point (a) of the second subparagraph of paragraph 2 is maintained within certain limits, the obligation set out in the first subparagraph of paragraph 2 shall be considered to have been complied with.
4.Paragraph 3 shall not apply where the decrease below the threshold is the result of afforestation that is compatible with the environment and does not include plantations of short rotation coppice, Christmas trees or fast growing trees for energy production.
5.In order to ensure that the ratio of permanent grassland is maintained, the [F11appropriate authority may make regulations] laying down detailed rules on maintenance of permanent grassland, including rules on reconversion in the case of non-respect of the obligation in paragraph 1 of this Article, F12... and any adjustment of the reference ratio referred to in paragraph 2 that may become necessary.
6.The [F13appropriate authority may make regulations]:
(a)laying down the framework for the designation of further sensitive areas referred to in the second subparagraph of paragraph 1 of this Article;
(b)establishing detailed methods for the determination of the ratio of permanent grassland and of the total agricultural area that has to be maintained pursuant to paragraph 2 of this Article;
(c)defining the period in the past referred to in the first subparagraph of paragraph 3 of this Article.
7.The [F14appropriate authority may make regulations] fixing the limits referred to in the second subparagraph of paragraph 3 of this Article. F15...]
Textual Amendments
F1Title 3 Ch. 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(19)
F2Art. 45(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(a)
F3Words in Art. 45(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(b)(i)(aa)
F4Words in Art. 45(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(b)(ii)
F5Words in Art. 45(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(b)(i)(bb)
F6Words in Art. 45(2)(a) 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(17)(b)(iii)(aa)
F7Words in Art. 45(2)(a) 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(17)(b)(iii)(bb)
F8Words in Art. 45(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(b)(iv)
F9Words in Art. 45(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), 5(17)(b)(v)
F10Words in Art. 45(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(c)
F11Words in Art. 45(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(d)(i)
F12Words in Art. 45(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(17)(d)(ii)
F13Words in Art. 45(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(e)
F14Words in Art. 45(7) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(17)(f)(i)
F15Words in Art. 45(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), 5(17)(f)(ii)
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