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 (c. 1305)

TITLE IIIU.K.RURAL DEVELOPMENT SUPPORT

CHAPTER IU.K.Measures

Article 29S+N.I.Organic farming

[F11.Support under this measure shall be granted, per hectare of agricultural area, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 and who are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013, as applicable in the [F2relevant authority] concerned.]

[X12.Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, the relevant criteria and minimum activities as established pursuant to points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.]

3.Commitments under this measure shall be made for a period of [F3five][F3one] to seven years. Where support is granted for conversion to organic farming [F4the relevant authority] may determine a shorter initial period corresponding to the period of conversion. Where support is granted for the maintenance of organic farming, [F4the relevant authority] may provide in their rural development programmes for annual extension after the termination of the initial period. For new commitments concerning maintenance that directly follow the commitment performed in the initial period, [F4the relevant authority] may determine a shorter period in their rural development programmes.

F5...

4.Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30 %.

[F1When calculating the payments referred to in the first subparagraph of this paragraph, [F4the relevant authority] shall deduct the amount necessary in order to exclude double funding of the practices referred to in Article 43 of Regulation (EU) No 1307/2013. [F6The relevant authority] may calculate the deduction as a fixed, average amount applied to all beneficiaries concerned carrying out the sub-measures concerned.]

5.Support shall be limited to the maximum amounts laid down in Annex II.

6.In order to ensure that double funding, as referred to in the second subparagraph of paragraph 4 is excluded, the [F7appropriate authority may make regulations] laying down the calculation method to be used.

Editorial Information

X1Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Extent Information

E1This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales

Textual Amendments

F1Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F2Words in Art. 29(1) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3Word in Art. 29(3) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 4(7)

F4Words in Art. 29 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(14)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 29(3) omitted (S.) (15.3.2021) by virtue of The Rural Development (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/33), regs. 1, 2(4) and omitted (E.N.I.) (22.7.2022) by virtue of The Common Agricultural Policy (Cross-Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/861), regs. 1(2), 3(4)

F6Words in Art. 29(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7Words in Art. 29(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 59; 2020 c. 1, Sch. 5 para. 1(1)

Article 29WOrganic farming

[F81.Support under this measure shall be granted, per hectare of agricultural area, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 F9....]

[X22.Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, the relevant criteria and minimum activities as established pursuant to points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.]

3.Commitments under this measure shall be made for a period of five to seven years. Where support is granted for conversion to organic farming [F10the relevant authority] may determine a shorter initial period corresponding to the period of conversion. Where support is granted for the maintenance of organic farming, [F10the relevant authority] may provide in [F11the rural development programme] for annual extension after the termination of the initial period. For new commitments concerning maintenance that directly follow the commitment performed in the initial period, [F10the relevant authority] may determine a shorter period in [F11the rural development programme].

[F12For new commitments to be undertaken from 2021, [F10the relevant authority] shall determine a shorter period of one to three years in [F11the rural development programme].

If [F10the relevant authority] provide for an annual extension for the maintenance of organic farming after the termination of the initial period in accordance with the first subparagraph, from 2022 the extension shall not go beyond one year.

By way of derogation from the second subparagraph, for new commitments to be undertaken in 2021 and 2022, where support is granted for conversion to organic farming, [F10 the relevant authority] may determine a period of longer than three years in [F11the rural development programme].]

F13...

F145.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F156.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X2Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).

Extent Information

E2This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F8Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F9Words in Art. 29(1) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(24)(a)

F10Words in Art. 29 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(14)(c); 2020 c. 1, Sch. 5 para. 1(1)

F11Words in Art. 29(3) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(24)(b)

F12Inserted by Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022

F13Words in Art. 29(4) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(24)(c)

F14Art. 29(5) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(24)(d)

F15Art. 29(6) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 7(24)(d)

Article 29EOrganic farming

[F161.Support under this measure shall be granted, per hectare of agricultural area, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 F17....]

[X32.Support shall only be granted for commitments going beyond F18... the relevant criteria and minimum activities as established pursuant to [F19points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013], relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.]

3.Commitments under this measure shall [F20ordinarily be made for at least three years. However, a commitment for a shorter period may be permitted where this is necessary and justified]. Where support is granted for conversion to organic farming [F21the relevant authority] may determine a shorter initial period corresponding to the period of conversion. Where support is granted for the maintenance of organic farming, [F21the relevant authority] may provide F22... for [F23their] extension after the termination of the initial period. For new commitments concerning maintenance that directly follow the commitment performed in the initial period, [F21the relevant authority] may determine a shorter period F22....