The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

Amendment of Regulation (EU) No 1305/2013 of the European Parliament and of the Council E+W

1.—(1) 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(1) is amended as follows.

(2) In Article 2 (definitions), in paragraph 1, in point (f) (definition of “agricultural area”), for “Article 4 of Regulation (EU) No 1307/2013” substitute “Article 2(1) of Regulation (EU) No 1306/2013”.

(3) In Article 8 (content of rural development programmes), in paragraph 1(h)(i), for the words “the appropriations provided” to the end substitute “the appropriations provided to the less developed regions”.

(4) In Article 15 (advisory services, farm management and farm relief services), for paragraph 4(b) substitute—

“(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;”.

(5) In Article 16 (quality schemes for agricultural products, and foodstuffs), in paragraph 3, omit the final subparagraph.

(6) In Article 18 (restoring agricultural production potential damaged by natural disasters and catastrophic events and introduction of appropriate prevention actions), in paragraph 4, omit “or direct payment support”.

(7) In Article 19 (farm and business development)—

(a) in paragraph 1, omit point (c);

(b) in paragraph 2, omit the final subparagraph;

(c) in paragraph 4, omit the third subparagraph;

(d) omit paragraph 7.

(8) In Article 20 (basic services and village renewal in rural areas), in paragraph 2, for “support under other” to “direct payment support” substitute “support under Regulation 508/2014”.

(9) In Article 28 (agri-environment-climate)—

(a) in paragraph 3, for “point (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”;

(b) in paragraph 6, omit the second subparagraph;

(c) omit paragraph 11.

(10) In Article 29 (organic farming)—

(a) in paragraph 1, omit from “and who are active farmers” to the end;

(b) in paragraph 2, for “points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”:

(c) in paragraph 4, omit the second subparagraph;

(d) omit paragraph 6.

(11) In Article 30 (Natura 2000 and Water Framework Directive payments)—

(a) in paragraph 1, omit the second subparagraph;

(b) in paragraph 3, for “points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”;

(c) in paragraph 4, in point (b), for “points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013” substitute “points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013”.

(12) In Article 31 (payments to areas facing natural or other specific constraints)—

(a) in paragraph 1, in the second subparagraph, omit from “, taking into account payments” to the end;

(b) in paragraph 2, omit from “and are active farmers” to the end.

(13) In Article 33 (animal welfare), in paragraph 1, omit from “and who are active farmers” to the end.

(14) In Article 35 (co-operation)—

(a) in paragraph 6, for “, CMO support or direct payment support” substitute “or CMO support”;

(b) in paragraph 9, omit “or direct payment support”.

(15) In Article 36 (risk management), omit paragraph 2.

(16) In Article 39b (exceptional temporary support to farmers and SMEs particularly affected by the COVID-19 crisis), in paragraph 6, omit “or direct payment support”.

(17) In Article 48 (revision clause), in the first subparagraph, omit the final sentence.

(18) In Article 58 (resources and their distribution)—

(a) omit paragraphs 5 and 6;

(b) in paragraph 7, omit “including the transfers referred to in paragraphs 5 and 6 of this Article,”.

(19) In Article 59 (fund contribution)—

(a) in paragraph 4, omit point (e);

(b) in paragraph 8, omit “or direct payment support”.

Commencement Information

I1 Sch. 4 para. 1 in force at 1.1.2024, see reg. 1(2)(a)

(1)

EUR 2013/1305, amended by S.I. 2019/764 (to which there are amendments not relevant to these Regulations), S.I. 2023/816; there are other amending instruments but none are relevant.