The Direct Payments to Farmers (Eligible Hectares and Afforested Areas) (Amendment) (England) Regulations 2023

Amendment of Article 32 of Regulation (EU) No 1307/2013

2.—(1) Article 32 of 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(1) (activation of payment entitlements) is amended as follows.

(2) In paragraph 2—

(a) in subparagraph (b)(ii), omit the words from “or under” to “Regulation (EU) No 1305/2013”;

(b) after subparagraph (b)(ii), insert—

“(iia) for the duration of the relevant commitment by the individual farmer, is afforested under a national scheme the conditions of which comply with—

(aa) Article 43(1), (2) and (3) of Regulation (EC) No 1698/2005(2); or

(bb) Article 22 of Regulation (EU) No 1305/2013(3), except that the duration of the relevant commitment may exceed the maximum period of twelve years specified in paragraph 1 of that Article; or”.

(1)

EUR 2013/1307; relevant amendments were made by S.I. 2020/91, 2022/706. EUR 2013/1307 (apart from Article 13) was incorporated into domestic law by section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2).

(2)

EUR 2005/1698; relevant amendments were made by S.I. 2019/764. S.I. 2019/764 modifies the application of EUR 2005/1698 to the extent that it continues to apply by virtue of the savings provision in Article 88 of EUR 2013/1305.

(3)

EUR 2013/1305; relevant amendments were made by S.I. 2019/764.