Search Legislation

The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015 (without Schedules)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Title, commencement and interpretationN.I.

1.—(1) These Regulations may be cited as the Common Agricultural Policy Basic Payment and Support Scheme Regulations (Northern Ireland) 2015 and shall come into operation on 30th April 2015.

(2) The Interpretation Act (Northern Ireland) 1954 M1 shall apply to this Order as it applies to an Act of the Assembly.

Marginal Citations

InterpretationN.I.

2.—(1) In these Regulations—

the Direct Payments Delegated Regulation” means Commission Delegated Regulation (EU) No.639/2014 supplementing the Direct Payments Regulation M2;

the Direct Payments Implementing Regulation” means Commission Implementing Regulation (EU) No.641/2014 laying down rules for the application of the Direct Payments Regulation M3;

the Direct Payments Regulation” means Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy M4;

the European Regulations” means—

(a)

the Direct Payments Regulation;

(b)

the Direct Payments Delegated Regulation;

(c)

the Direct Payments Implementing Regulation; and

(d)

the Horizontal Implementing Regulation;

the Horizontal Implementing Regulation” means Commission Implementing Regulation (EU) No. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance M5;

Bank Holiday” means a day specified in paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 1971 M6;

working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(2) Terms used in these Regulations that are also used in any of the European Regulations have the meaning they bear in those Regulations.

[F1(3) In these Regulations, any reference to “the European Regulations” is a reference to those Regulations as amended from time to time.]

Textual Amendments

Marginal Citations

M2O.J. No. L 181, 20.6.2014, p.1.

M3O.J. No. L 181, 20.6.2014, p. 74.

M4O.J. No. L 347, 20.12.2013, p. 608, as amended by Regulation (EU) No. 1310/2013 of the European Parliament and of the Council (OJ No. L 347, 20.12.2013, p. 865).

M5O.J. No. L 227, 31.7.2014, p.69.

M61971, c.80.

PART 1 N.I.Basic Payment Scheme

RegionsN.I.

3.—(1) For the purposes of Article 23(1) of the Direct Payments Regulation, Northern Ireland will be a single region.

Payment entitlementsN.I.

4.—(1) For the purposes of Article 8(1) of the Direct Payments Implementing Regulation, the period within which the transferor of payment entitlements must notify the Department of the transfer is—

(a)on or before 2nd May 2016, if 2016 is the first calendar year in which the transferee may include those entitlements in the transferee's application for direct payments; or

(b)otherwise from 3rd May of the preceding calendar year to 2nd May (both those dates included) of the first calendar year where the first calendar year is 2017 or a subsequent year in which the transferee may include those entitlements in the transferee's application for direct payments.

(2) If, for the purposes of paragraph (1), 2nd May is not a working day, the deadline for notification is the next working day.

[F2(3) For the purposes of Article 22(1) of the Horizontal Implementing Regulation, to the extent that Article relates to direct payments F3..., applications for the allocation of payment entitlements must be submitted on or before 15th May of the relevant calendar year.]

Allocation of Payment EntitlementsN.I.

5.  Article 21(3) of the Direct Payments Regulation shall not be applied.

6.  Article 24(1)(c) of the Direct Payments Regulation shall be applied with the exception of the last sentence of that paragraph.

7.  The limitations referred to in Article 24(3) of the Direct Payments Regulation shall not be applied.

8.  In accordance with Article 25(4) of the Direct Payments Regulation payment entitlements with an initial unit value lower than 100% of the regional unit value in 2019 shall for claim year 2019 have their unit value increased by 71.4% of the difference between their initial unit value and 100% of the regional unit value in 2019.

9.  The decrease referred to in Article 25(7) of the Direct Payments Regulation shall be applied in a linear fashion each year.

10.  The initial unit value of payment entitlements as referred to in Article 26 of the Direct Payments Regulation shall be calculated in accordance with paragraph 3 of that Article.

Active farmersN.I.

F411.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minimum eligible area of holdingN.I.

12.  For the purposes of Article 10(1) F5... of the Direct Payments Regulation, no direct payments may be granted to a farmer where the eligible area of the holding for which the payments are claimed or due to be granted in accordance with Article 10(1)F6... is less than three hectares.

13.  For the purposes of Article 24(9) of the Direct Payments Regulation, the minimum size per holding in respect of which a farmer may apply for an allocation of payment entitlements shall be 3 hectares.

Date on which eligible land must be at farmer's disposalN.I.

14.  In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 33(1) of the Direct Payments Regulation, the date on which those parcels must be at the farmer's disposal is 15th May.

ReductionsN.I.

15.  For the purposes of Article 11(1) of the Direct Payments Regulation, where the direct payments to be granted to a farmer pursuant to Chapter 1 of Title III of that Regulation for a given calendar year exceed [F7£190 000], the sum in excess of that amount must be reduced by 100%.

Short rotation coppiceN.I.

16.  For the purposes of Article 4(1)(k) F8... of the Direct Payments Regulation—

(a)the list of planted tree species is—

(i)Alder (Alnus spp);

(ii)Birch (Betula spp);

(iii)Hazel (Corylus avellana);

(iv)Ash (Fraxinus excelsior);

(v)Lime (Tilia cordata);

(vi)Sweet chestnut (Castanea sativa);

(vii)Sycamore (Acer pseudoplatanus);

(viii)Willow (Salix spp); and

(ix)Poplar (Populus spp);

(b)the maximum harvest cycle is 5 years.

PART 2 N.I.Young farmer scheme

Young farmerN.I.

17.—(1) The payment for young farmers as referred to in Annex I of the Direct Payments Regulation shall be calculated in accordance with Article 50(8) of that Regulation.

(2) For the purposes of Article 50(9) of the Direct Payments Regulation, a single maximum limit of 90 hectares is applicable to the number of payment entitlements activated by the farmer.

PART 3 N.I.Greening

Calculation of greening paymentN.I.

F918.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crop diversificationN.I.

F1019.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmentally sensitive permanent grasslandN.I.

20.[F11(1) Permanent grasslands in areas to which the Conservation Directives apply are designated as permanent grasslands which are environmentally sensitive for the purposes of and in the areas referred to in the first subparagraph of Article 45(1) of the Direct Payments Regulation as it had effect immediately before exit day.]

(2) In paragraph (1)—

the Conservation Directives” means—

(a)

Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M7 [F12as amended from time to time] ; and

(b)

Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds M8 [F12as amended from time to time] ;

Textual Amendments

Marginal Citations

M7O.J. No. L 206, 22.7.1992 p.7

M8O.J. No. L 20, 26.1.2010, p.7. This instrument codifies, with minor amendments, Council Directive 1979/409/EEC as amended.

Ecological focus areasN.I.

F1321.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations and savingsN.I.

22.—(1) The Common Agricultural Policy Single Payment and Support Schemes Regulations (Northern Ireland) 2010 M9 are revoked.

(2) Notwithstanding paragraph (1), the Common Agricultural Policy Single Payment and Support Schemes Regulations (Northern Ireland) 2010 as in force immediately before 2015 continue to apply in respect of aid applications relating to 2014 and earlier claim years.

Marginal Citations

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 27th March 2015.

L.S.

David Small

A senior officer of the

Department of Agriculture and Rural Development

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources