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6. For regulation 5 (minimum size of holding) substitute—
5.—(1) For the purposes of Article 12(6) of Commission Regulation 795/2004, the minimum size of a holding for which the establishment of payment entitlements may be requested shall be 0.3 hectare.
(2) For the purposes of Article 28(1) of Council Regulation 73/2009, the Scottish Ministers shall not grant direct payments arising from activated standard payment entitlements where the eligible area of the holding concerned is, before the application of any reductions arising from non compliance by reason of Articles 21 and 23 of Council Regulation 73/2009, less than 3 hectares.”.
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