Commission Delegated Regulation (EU) No 640/2014Dangos y teitl llawn

Article 2 U.K. Definitions

1. For the purposes of the integrated system referred to in Article 67(1) of Regulation (EU) No 1306/2013, the definitions [F1 in Article 4(1) of Regulation (EU) No 1307/2013 and] in Article 67(4) of Regulation (EU) No 1306/2013 shall apply.

The following definitions shall also apply:

(1)

[F2 ‘beneficiary’ means F3 ... [F4 the beneficiary subject to cross-compliance within the meaning of Article 92 of Regulation (EU) No 1306/2013 and/or] the beneficiary receiving rural development support as referred to in Article 2(10) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council](1)

[F2 ‘beneficiary’ means a farmer as defined in Article 4(1)(a) of Regulation (EU) No 1307/2013 [F5 and referred to in Article 9 of that Regulation]];

(2)

‘non-compliance’ means:

(a)

for eligibility criteria, commitments or other obligations relating to the conditions for the granting of the aid or support referred to in Article 67(2) of Regulation (EU) No 1306/2013, any non-respect of those eligibility criteria, commitments or other obligations; or

(b)

[F6 for cross-compliance, non-compliance with the statutory management requirements under [F7 the law applying in the constituent nation], with the standards for good agricultural and environmental condition of land defined F8 ... in accordance with Article 94 of Regulation (EU) No 1306/2013 F9 ...;]

(3)

‘application for support’ means an application for support or to enter a measure under Regulation (EU) No 1305/2013;

(4)

‘payment claim’ means an application by a beneficiary for payment by the [F10 national authorities] under Regulation (EU) No 1305/2013;

(5)

‘other declaration’ means any declaration or document, other than applications for support or payment claims, which has to be submitted or kept by a beneficiary or a third party in order to comply with specific requirements of certain rural development measures;

(6)

‘rural development measures in the scope of the integrated system’ means the support measures granted in accordance with Article 21(1)(a) and (b) and Articles 28 to 31, 33, 34 [F11 and 40] of Regulation (EU) No 1305/2013 and where applicable Article 35(1)(b) and (c) of Regulation (EU) No 1303/2013, with the exception of measures referred to in Article 28(9) of Regulation (EU) No 1305/2013, and measures under Article 21(1)(a) and (b) of that Regulation as far as the establishment cost is concerned;

(7)

[F12 ‘system for the identification and registration of animals’ means the system for the identification and registration of bovine animals established by Regulation (EC) No 1760/2000 of the European Parliament and of the Council(2) and/or the system for the identification and registration of ovine and caprine animals established by Council Regulation (EC) No 21/2004(3) respectively;]

(8)

[F12 ‘ear tag’ means the ear tag to identify bovine animals individually referred to in Article 3(a) and Article 4 of Regulation (EC) No 1760/2000 and/or the ear tag to identify ovine and caprine animals individually referred to in point A.3 of the Annex to Regulation (EC) No 21/2004 respectively;]

(9)

[F12 ‘computerised database for animals’ means the computerised database referred to in Article 3(b) and Article 5 of Regulation (EC) No 1760/2000 and/or the central register or computerised database referred to in Article 3(1)(d), Article 7 and Article 8 of Regulation (EC) No 21/2004 respectively;]

(10)

[F12 ‘animal passport’ means the animal passport referred to in Article 3(c) and Article 6 of Regulation (EC) No 1760/2000;]

(11)

[F12 ‘register’ in relation to animals means the register kept by the animal keeper referred to in Article 3(d) and Article 7 of Regulation (EC) No 1760/2000 and/or the register referred to in Article 3(1)(b) and Article 5 of Regulation (EC) No 21/2004 respectively;]

(12)

[F12 ‘identification code’ means the identification code referred to in Article 4(1) of Regulation (EC) No 1760/2000 and/or the codes referred to in point A.2 of the Annex to Regulation (EC) No 21/2004 respectively;]

(13)

F12 [F13 ‘animal aid scheme’ means a voluntary coupled support measure provided for in Chapter 1 of Title IV of Regulation (EU) No 1307/2013 where the annual payment to be granted within defined quantitative limits is based on a fixed number of animals;]

(14)

‘animal-related support measures’ means rural development measures or types of operations for which support is based on the number of animals or number of livestock units declared;

(15)

F14 [F13 ‘livestock aid application’ means the applications for the payment of aid where the annual payment to be granted within defined quantitative limits is based on a fixed number of animals under the voluntary coupled support provided for in Chapter 1 of Title IV of Regulation (EU) No 1307/2013;]

(16)

[F14 ‘declared animals’ means animals [F15 subject to a livestock aid application under the animal aid scheme or] subject to a payment claim for an animal-related support measure;]

(17)

[F14 ‘potentially eligible animal’ means an animal that could a priori potentially fulfil the eligibility criteria for receiving [F16 the aid under the animal aid scheme or] support under an animal-related support measure in the claim year in question;]

(18)

[F14 ‘animal determined’ means:

(a)

[F17 for an animal aid scheme, an animal for which all conditions laid down in the rules for granting the aid have been met; or]

(b)

for an animal-related support measure, an animal identified by means of administrative or on-the-spot checks;]

(19)

[F14 ‘animal keeper’ means any natural or legal person responsible for animals whether on a permanent or on a temporary basis, including during transportation or at a market;]

(20)

[F18 ‘area-related aid schemes’ means the area-related direct payments within the meaning of Article 67(4)(b) of Regulation (EC) No 1306/2013 F19 ...;]

(21)

‘area-related support measures’ means rural development measures or type of operations for which support is based on the size of the area declared;

(22)

[F20 [F21 ‘use’ in relation to area means the use of area in terms of the type of permanent grassland as defined in Article 4(1)(h) of Regulation (EU) No. 1307/2013, or areas of grassland, other than permanent grassland, or ground cover or the absence of a crop;]]

(23)

‘area determined’ means:

(a)

[F22 for area-related aid schemes, the area for which all eligibility criteria or other obligations relating to the conditions for the granting of the aid have been met, regardless of the number of the payment entitlements at the beneficiary’s disposal; or]

(b)

for area-related support measures, the area of plots or parcels as identified by means of administrative or on-the-spot checks;

(24)

‘Geographical Information System’ (hereinafter referred to as ‘GIS’) means the computerised geographical information system techniques referred to in Article 70 of Regulation (EU) No 1306/2013;

(25)

‘reference parcel’ means a geographically delimited area retaining a unique identification as registered in the identification system for agricultural parcels referred to in Article 70 of Regulation (EU) No 1306/2013;

(26)

‘geographical material’ means maps or other documents used to communicate the contents of the GIS between the applicants for aid or support and the [F23 relevant authority].

[F24 2. For the purpose of Title IV of this Regulation, the definitions in Title VI of Regulation (EU) No 1306/2013 shall apply.

In addition, ‘standards’ means any of the standards as defined by the [F25 relevant authority] in accordance with Article 94 of Regulation (EU) No 1306/2013 F26 ....]

[F27 3. In this Regulation, references to “Regulation (EU) No 1307/2013” are to be construed as references to that Regulation as it applied in relation to England immediately before the end of 2023.]

Textual Amendments

F1 Words in Art. 2(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(za) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 2(1)(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(2)(a)(i)

F3 Words in Art. 2(1)(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(ai) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(1)(1) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F5 Words in Art. 2(1)(1) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(2)(a); and omitted in so far as it relates to the direct payment schemes (N.I.) (23.2.2021) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 7(2)(a)

F6 Art. 2(1)(2)(b) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F7 Words in Art. 2(1)(2)(b) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(2)(a)(ii)(aa); and words in Art. 2(1)(2)(b) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(1)(2)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(2)(a)(ii)(bb); and words in Art. 2(1)(2)(b) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(1)(2)(b) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(1)(4) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 2(1)(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 2(1)(7)-(13) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(2)(b)

F13 Art. 2(1)(13)(15) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 2(1)(15)-(19) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(2)(b)

F15 Words in Art. 2(1)(16) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiib) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2(1)(17) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiic) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 2(1)(18)(a) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iiid) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 2(1)(20) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iv) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2(1)(20) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(2)(a)(iii)

F20 Art. 2(1)(22) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(iva) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F21 Art. 2(1)(22) substituted (W. in so far as it relates to direct payments) (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), 3(2); and corresponding amendments made (E.) (1.1.2021) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(2), 7(2) and (26.3.2021) by The Direct Payments to Farmers (Reductions and Simplifications) (England) (Amendment) Regulations 2021 (S.I. 2021/407), regs. 1(2), 4(2); and corresponding amendments made (S.) (1.1.2021) by The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 9(2); and corresponding amendment made (N.I.) (25.2.2021) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 6(2)

F22 Art. 2(1)(23)(a) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(ivb) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(4)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 2(1)(26) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(2)(a)(iv); and words in Art. 2(1)(26) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F24 Art. 2(2) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F25 Words in Art. 2(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(2)(b); and words in Art. 2(2) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 2(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 2(3) inserted (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 4(3)

(1)

Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

(2)

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p. 1).

(3)

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, p. 8).