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[F1TITLE IIIU.K.BASIC PAYMENT SCHEME, SINGLE AREA PAYMENT SCHEME AND RELATED PAYMENTS

CHAPTER 5U.K.Payment for young farmers

Article 50E+N.I.General rules

1.[F2The relevant authority] shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme or the single area payment scheme referred to in Chapter 1 ("payment for young farmers").

2.For the purposes of this Chapter, 'young farmers', means natural persons:

(a)who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application under the basic payment scheme or the single area payment scheme referred to in Article 72(1) of Regulation (EU) No 1306/2013; and

(b)who are no more than 40 years of age in the year of submission of the application referred to in point (a).

[F32a.A farmer as defined in Article 4(1)(a) who has been rejected for the payment for young farmers in three or more scheme years shall no longer be eligible for the payment for young farmers.

A young farmer as defined in Article 50(2) who has been rejected for the payment for young farmers, in three or more scheme years shall no longer be eligible for a payment for young farmers. For the purpose of this sub paragraph, a young farmer shall include those who make an application for the payment for young farmers but are rejected due to not meeting the requirements of Article 50(2)(a).

This paragraph shall not apply in the 2021 scheme year.]

[F43.Young farmers applying for the payment under this Article must also meet any objective and non-discriminatory requirements specified by the relevant authority prior to exit day regarding appropriate skills and/or training requirements.]

4.Without prejudice to the application F5... of reduction of payments in accordance with Article 11 F6..., and to the application of Article 63 of Regulation (EU) No 1306/2013, the payment for young farmers shall be granted annually upon activation of payment entitlements by the farmer F7....

[F85.The payment for young farmers shall be granted per farmer for a period of five years, starting from the first submission of the application for the payment for young farmers provided that that submission takes place within the five years following the setting up referred to in point (a) of paragraph 2. That period of five years shall also apply for farmers who have received payment for young farmers in respect of claims before claim year 2018.

By way of derogation from the second sentence of the first subparagraph, [F9the relevant authority] may decide that, for those young farmers who set up in accordance with point (a) of paragraph 2 in the period 2010-2013, the five-year period is to be reduced by the number of years which have elapsed between the setting up referred to in point (a) of paragraph 2 and the first submission of the application for the payment for young farmers.

[F10Notwithstanding a change in the head of holding, a farmer as defined in Article 4(1)(a) shall not receive the payment for young farmers for a total period greater than 5 years.]]

6.Each year, [F11in accordance with the legislation applying in the constituent nation, the relevant authority] shall calculate the amount of the payment for young farmers by multiplying the number of entitlements the farmer has activated in accordance with Article 32(1) by a figure corresponding to:

[F8(a)between 25 % and 50 % of the average value of the owned or leased-in payment entitlements held by the farmer; or

(b)between 25 % and 50 % of an amount calculated by dividing a fixed percentage [F12of the relevant authority’s share] of the national ceiling for the calendar year 2019 F13... by the number of all eligible hectares declared [F14in the constituent nation] in 2015 in accordance with Article 33(1). [F15The fixed percentage shall be equal to the percentage of the relevant authority’s share of the national ceiling which remained for the basic payment scheme in the constituent nation for 2015.]]

F167.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F88.By way of derogation from [F17paragraph 6] of this Article, [F18where the legislation applying in the constituent nation so provides, the relevant authority shall] calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to a value between 25 % and 50 % of the F19... average payment per hectare [F20in the constituent nation] by the number of entitlements that the farmer has activated in accordance with Article 32(1) F21....]

The F22... average payment per hectare [F23in the constituent nation] shall be calculated by dividing [F24the relevant authority’s share of] the national ceiling for the calendar year 2019 F25... by the number of eligible hectares declared [F26in the constituent nation] in 2015 in accordance with Article 33(1) F27....

9.[F28The] maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer [F29is the single maximum limit set by the relevant authority prior to exit day]. That limit shall not be below 25 or above 90. [F30The relevant authority] shall respect that limit when applying paragraphs [F316 and 8].

F3210.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3310A.Paragraphs 3, 6 and 9 only apply where the decisions to which they refer were taken and notified to the Commission by 31 January 2015.]

11.In order to guarantee the protection of the rights of beneficiaries and to avoid discrimination among them, the [F34appropriate authority may make regulations] concerning the conditions under which a legal person may be considered to be eligible to receive the payment for young farmers.]

Extent Information

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

Textual Amendments

Article 50WGeneral rules

1.[F35The relevant authority] shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme or the single area payment scheme referred to in Chapter 1 ("payment for young farmers").

2.For the purposes of this Chapter, 'young farmers', means natural persons:

(a)who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application under the basic payment scheme or the single area payment scheme referred to in Article 72(1) of Regulation (EU) No 1306/2013; and

(b)who are no more than 40 years of age in the year of submission of the application referred to in point (a).

F363.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.Without prejudice to the application F37... of reduction of payments in accordance with Article 11 and of linear reductions in accordance with Article 7 of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013, the payment for young farmers shall be granted annually upon activation of payment entitlements by the farmer F38....

[F395.The payment for young farmers shall be granted per farmer for a period of five years, starting from the first submission of the application for the payment for young farmers provided that that submission takes place within the five years following the setting up referred to in point (a) of paragraph 2. That period of five years shall also apply for farmers who have received payment for young farmers in respect of claims before claim year 2018.

F40...]

6.Each year, [F41in accordance with the legislation applying in the constituent nation, the relevant authority] shall calculate the amount of the payment for young farmers by multiplying the number of entitlements the farmer has activated in accordance with Article 32(1) by a figure corresponding to:

[F39(a)between 25 % and 50 % of the average value of the owned or leased-in payment entitlements held by the farmer; or

(b)between 25 % and 50 % of an amount calculated by dividing a fixed percentage [F42of the relevant authority’s share] of the national ceiling for the calendar year 2019 F43... by the number of all eligible hectares declared [F44in the constituent nation] in 2015 in accordance with Article 33(1). [F45The fixed percentage shall be equal to the percentage of the relevant authority’s share of the national ceiling which remained for the basic payment scheme in the constituent nation for 2015.]]

F467.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F478.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.[F48The] maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer [F49is the single maximum limit set by the relevant authority prior to exit day]. That limit shall not be below 25 or above 90. [F50The relevant authority] shall respect that limit when applying paragraphs [F516 and 8].

F5210.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5310A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11.In order to guarantee the protection of the rights of beneficiaries and to avoid discrimination among them, the [F54appropriate authority may make regulations] concerning the conditions under which a legal person may be considered to be eligible to receive the payment for young farmers.

Extent Information

E2This version of this provision applies to Wales only; separate versions have been created for England and Northern Ireland only and Scotland only

Textual Amendments

Article 50SGeneral rules

1.[F55The relevant authority] shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme or the single area payment scheme referred to in Chapter 1 ("payment for young farmers").

2.For the purposes of this Chapter, 'young farmers', means natural persons:

(a)who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application under the basic payment scheme or the single area payment scheme referred to in Article 72(1) of Regulation (EU) No 1306/2013; and

(b)who are no more than 40 years of age in the year of submission of the application referred to in point (a).

[F563.Young farmers applying for the payment under this Article must also meet any objective and non-discriminatory requirements specified by the relevant authority prior to exit day regarding appropriate skills and/or training requirements.]

4.Without prejudice to the application F57... of reduction of payments in accordance with Article 11 F58... of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013, the payment for young farmers shall be granted annually upon activation of payment entitlements by the farmer F59....

[F605.The payment for young farmers shall be granted per farmer for a period of five years, starting from the first submission of the application for the payment for young farmers provided that that submission takes place within the five years following the setting up referred to in point (a) of paragraph 2. That period of five years shall also apply for farmers who have received payment for young farmers in respect of claims before claim year 2018.

By way of derogation from the second sentence of the first subparagraph, [F61the relevant authority] may decide that, for those young farmers who set up in accordance with point (a) of paragraph 2 in the period 2010-2013, the five-year period is to be reduced by the number of years which have elapsed between the setting up referred to in point (a) of paragraph 2 and the first submission of the application for the payment for young farmers.]

6.Each year, [F62in accordance with the legislation applying in the constituent nation, the relevant authority] shall calculate the amount of the payment for young farmers by multiplying the number of entitlements the farmer has activated in accordance with Article 32(1) by a figure corresponding to:

[F60(a)between 25 % and 50 % of the average value of the owned or leased-in payment entitlements held by the farmer; or

(b)between 25 % and 50 % of an amount calculated by dividing a fixed percentage [F63of the relevant authority’s share] of the national ceiling for the calendar year 2019 F64... by the number of all eligible hectares declared [F65in the constituent nation] in 2015 in accordance with Article 33(1). [F66The fixed percentage shall be equal to the percentage of the relevant authority’s share of the national ceiling which remained for the basic payment scheme in the constituent nation for 2015.]]

F677.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F608.By way of derogation from [F68paragraph 6] of this Article, [F69where the legislation applying in the constituent nation so provides, the relevant authority shall] calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to a value between 25 % and 50 % of the F70... average payment per hectare [F71in the constituent nation] by the number of entitlements that the farmer has activated in accordance with Article 32(1) F72....]

The F73... average payment per hectare [F74in the constituent nation] shall be calculated by dividing [F75the relevant authority’s share of] the national ceiling for the calendar year 2019 F76... by the number of eligible hectares declared [F77in the constituent nation] in 2015 in accordance with Article 33(1) F78....

9.[F79The] maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer [F80is the single maximum limit set by the relevant authority prior to exit day]. That limit shall not be below 25 or above 90. [F81The relevant authority] shall respect that limit when applying paragraphs [F826 and 8].

F8310.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8410A.Paragraphs 3, 6 and 9 only apply where the decisions to which they refer were taken and notified to the Commission by 31 January 2015.]

11.In order to guarantee the protection of the rights of beneficiaries and to avoid discrimination among them, the [F85appropriate authority may make regulations] concerning the conditions under which a legal person may be considered to be eligible to receive the payment for young farmers.

Extent Information

E3This version of this provision extends to Scotland only; separate versions have been created for England and Northern Ireland only and Wales only

Textual Amendments

Textual Amendments