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Document 02013R1307-20220101
Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009
Consolidated text: Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009
Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009
02013R1307 — EN — 01.01.2022 — 010.001
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REGULATION (EU) No 1307/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 (OJ L 347 20.12.2013, p. 608) |
Amended by:
Corrected by:
REGULATION (EU) No 1307/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009
TITLE I
SCOPE AND DEFINITIONS
Article 1
Scope
This Regulation establishes:
common rules on payments granted directly to farmers under the support schemes listed in Annex I ("direct payments");
specific rules concerning:
a basic payment for farmers ("the basic payment scheme" and a transitional simplified scheme, "the single area payment scheme");
a voluntary transitional national aid for farmers;
a voluntary redistributive payment;
a payment for farmers observing agricultural practices beneficial for the climate and the environment;
a voluntary payment for farmers in areas with natural constraints;
a payment for young farmers commencing their agricultural activity;
a voluntary coupled support scheme;
a crop-specific payment for cotton;
a voluntary simplified scheme for small farmers;
a framework within which Bulgaria, Croatia and Romania may complement direct payments.
Article 2
Amendment of Annex I
In order to ensure legal certainty, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 amending the list of support schemes set out in Annex I to the extent necessary to take account of any new legislative acts on support schemes which may be adopted after the adoption of this Regulation.
Article 3
Application to the outermost regions and the smaller Aegean islands
Article 11 shall not apply to the regions of the Union referred to in Article 349 TFEU ("the outermost regions") and to the direct payments granted in the smaller Aegean islands in accordance with Regulation (EU) No 229/2013.
Titles III, IV and V of this Regulation shall not apply to the outermost regions.
Article 4
Definitions and related provisions
For the purposes of this Regulation, the following definitions shall apply:
"farmer" means a natural or legal person, or a group of natural or legal persons, regardless of the legal status granted to such group and its members by national law, whose holding is situated within the territorial scope of the Treaties, as defined in Article 52 TEU in conjunction with Articles 349 and 355 TFEU, and who exercises an agricultural activity;
"holding" means all the units used for agricultural activities and managed by a farmer situated within the territory of the same Member State;
"agricultural activity" means:
production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,
maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by Member States on the basis of a framework established by the Commission, or
carrying out a minimum activity, defined by Member States, on agricultural areas naturally kept in a state suitable for grazing or cultivation;
"agricultural products" means the products, with the exception of fishery products, listed in Annex I to the Treaties as well as cotton;
"agricultural area" means any area taken up by arable land, permanent grassland and permanent pasture, or permanent crops;
"arable land" means land cultivated for crop production or areas available for crop production but lying fallow, including areas set aside in accordance with Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, with Article 39 of Regulation (EC) No 1698/2005 and with Article 28 of Regulation (EU) No 1305/2013, irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;
"permanent crops" means non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more and yield repeated harvests, including nurseries and short rotation coppice;
"permanent grassland and permanent pasture" (together referred to as "permanent grassland") means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or more, as well as, where Member States so decide, that has not been ploughed up for five years or more; it may include other species such as shrubs and/or trees which can be grazed and, where Member States so decide, other species such as shrubs and/or trees which produce animal feed, provided that the grasses and other herbaceous forage remain predominant. Member States may also decide to consider as permanent grassland:
land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas; and/or
land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas;
"grasses or other herbaceous forage" means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State, whether or not used for grazing animals;
"nurseries" means the following areas of young ligneous (woody) plants grown in the open air for subsequent transplantation:
"short rotation coppice" means areas planted with tree species of CN code 0602 90 41 to be defined by Member States that consist of woody, perennial crops, the rootstock or stools of which remain in the ground after harvesting, with new shoots emerging in the following season and with a maximum harvest cycle to be determined by the Member States;
"sale" means the sale or any other definitive transfer of ownership of land or payment entitlements; it does not include the sale of land where land is transferred to public authorities or for use in the public interest and where the transfer is carried out for non-agricultural purposes;
"lease" means a rental agreement or similar temporary transaction;
"transfer" means the lease or sale or actual inheritance or anticipated inheritance of land or payment entitlements or any other definitive transfer thereof; it does not cover the reversion of entitlements upon expiry of a lease.
Notwithstanding points (f) and (h) of the first subparagraph, Member States which, prior to 1 January 2018, have accepted parcels of land lying fallow as arable land may continue to accept them as such after that date. From 1 January 2018 parcels of land lying fallow which have been accepted as arable land under this subparagraph in 2018 shall become permanent grassland in 2023, or thereafter, if the conditions set out in point (h) are met.
Member States shall:
establish criteria to be met by farmers in order to fulfil the obligation to maintain an agricultural area in a state suitable for grazing or cultivation, as referred to in point (c)(ii) of paragraph 1;
where applicable in a Member State, define the minimum activity to be carried out on agricultural areas naturally kept in a state suitable for grazing or cultivation, as referred to in point (c)(iii) of paragraph 1;
define the tree species qualifying for short rotation coppice and determine the maximum harvest cycle in respect of those tree species, as referred to in point (k) of paragraph 1.
Member States may decide that land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas is to be considered to be permanent grassland, as referred to in point (h) of paragraph 1.
Member States may decide that:
land that has not been ploughed up for five years or more shall be considered permanent grassland as referred to in point (h) of the first subparagraph of paragraph 1, provided that the land is used to grow grasses or other herbaceous forages naturally (self-seeded) or through cultivation (sown) and that it has not been included in the crop rotation of the holding for five years or more;
permanent grassland may include other species such as shrubs and/or trees which produce animal feed, in areas where grasses and other herbaceous forage are predominant; and/or
land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas be considered permanent grassland as referred to in point (h) of the first subparagraph of paragraph 1.
Member States may decide, on the basis of objective and non-discriminatory criteria, to apply their decision in accordance with points (b) and/or (c) of the third subparagraph of this paragraph to the whole or a part of their territory.
Member States shall notify the Commission by 31 March 2018 of any decision taken pursuant to the third and fourth subparagraphs of this paragraph.
In order to ensure legal certainty, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 establishing:
the framework within which Member States are to establish the criteria to be met by farmers in order to fulfil the obligation to maintain an agricultural area in a state suitable for grazing or cultivation, as referred to in point (c)(ii) of paragraph 1;
the framework within which Member States shall define the minimum activity to be carried out on agricultural areas naturally kept in a state suitable for grazing or cultivation, as referred to in point (c)(iii) of paragraph 1;
the criteria to determine the predominance of grasses and other herbaceous forage and the criteria to determine the established local practices referred to in point (h) of paragraph 1.
TITLE II
GENERAL PROVISIONS ON DIRECT PAYMENTS
CHAPTER 1
Common rules on direct payments
Article 5
General common agricultural policy provisions
Regulation (EU) No 1306/2013 and the provisions adopted pursuant thereto shall apply to the schemes provided for in this Regulation.
Article 6
National ceilings
Where a Member State makes use of the option provided for in Article 22(2), the national ceiling set out in Annex II for that Member State for the respective year may be exceeded by the amount calculated in accordance with that paragraph.
Where a Member State makes use of the option provided for in the second subparagraph of Article 36(4), the national ceiling set out in Annex II for that Member State for the respective year may be exceeded by the amount calculated in accordance with that subparagraph.
Article 7
Net ceilings
Where the total amount of direct payments to be granted in a Member State would be higher than the ceiling set out in Annex III, that Member State shall make a linear reduction in the amounts of all direct payments with the exception of direct payments granted under Regulation (EU) No 228/2013 and Regulation (EU) No 229/2013.
Article 8
Financial discipline
As a result of the gradual introduction of direct payments provided for in Article 17, paragraph 1 of this Article shall apply to Croatia from 1 January 2022.
Article 9
Active farmer
Where appropriate, Member States may, on the basis of objective and non-discriminatory criteria, decide to add to the list in the first subparagraph any other similar non-agricultural businesses or activities, and may subsequently decide to withdraw any such additions.
A person or group of persons falling within the scope of the first or second subparagraph shall, however, be regarded as an active farmer if it provides verifiable evidence, in the form that is required by Member States, which demonstrates any of the following:
that the annual amount of direct payments is at least 5 % of the total receipts that it obtained from non-agricultural activities in the most recent fiscal year for which such evidence is available;
that its agricultural activities are not insignificant;
that its principal business or company objects consist of exercising an agricultural activity.
In addition to paragraphs 1 and 2, Member States may decide, on the basis of objective and non-discriminatory criteria, that no direct payments are to be granted to natural or legal persons, or to groups of natural or legal persons:
whose agricultural activities form only an insignificant part of their overall economic activities; and/or
whose principal activity or company objects do not consist of exercising an agricultural activity.
In order to guarantee the protection of the rights of farmers, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 laying down:
criteria for determining the cases where a farmer's agricultural area is to be considered to be mainly an area naturally kept in a state suitable for grazing or cultivation;
criteria for establishing the distinction between receipts resulting from agricultural and non-agricultural activities;
criteria for establishing the amounts of direct payments referred to in paragraphs 2 and 4, especially concerning direct payments in the first year of allocation of payment entitlements where the value of the payment entitlements is not yet definitively established, as well as concerning direct payments for new farmers;
criteria that farmers are to meet in order to prove for the purposes of paragraphs 2 and 3 that their agricultural activities are not insignificant and that their principal business or company objects consist of exercising an agricultural activity.
Article 10
Minimum requirements for receiving direct payments
Member States shall decide in which one of the following cases not to grant direct payments to a farmer:
where the total amount of direct payments claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 in a given calendar year is less than EUR 100;
where the eligible area of the holding for which direct payments are claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 is less than one hectare.
In Croatia, for the years 2015-2021, the amount claimed or due to be granted as referred to in point (a) of paragraph 1 shall be calculated on the basis of the amount set out in point A of Annex VI.
Article 11
Reduction of payments
Where a Member State decides to grant a redistributive payment to farmers pursuant to Chapter 2 of Title III and the application of the maximum limits set out in Article 41(4) prevents it from using more than 5 % of the annual national ceiling set out in Annex II for that purpose, that Member State may decide not to apply this Article.
Member States shall notify the Commission of the decisions taken in accordance with this Article and of any estimated product of reductions for the years until 2019 by 1 August of the year preceding the application of such decisions, the last possible date for such notification being 1 August 2018.
For the year 2020, Member States shall notify the Commission of the decisions taken in accordance with this Article and of any estimated product of reductions by 31 December 2019.
Member States shall notify the Commission of the decisions taken in accordance with this Article and of any estimated product of reductions for the year 2021 by 19 February 2021 and for the year 2022 by 1 August 2021.
Article 12
Multiple claims
The area corresponding to the number of eligible hectares in respect of which an application for a basic payment has been submitted by a farmer pursuant to Chapter 1 of Title III may be the subject of an application for any other direct payment, as well as for any other aid not covered by this Regulation, save as explicitly provided otherwise in this Regulation.
Article 13
State aid
By way of derogation from Article 211(1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 1 ), Articles 107, 108 and 109 TFEU shall not apply to payments made by Member States in conformity with this Regulation.
Article 14
Flexibility between pillars
The decision referred to in the first subparagraph shall be notified to the Commission by 31 December 2013. That decision shall set out the percentage referred to in that subparagraph, which may vary by calendar year.
Member States which do not take the decision referred to in the first subparagraph in respect of calendar year 2014 may, by 1 August 2014, take that decision in respect of calendar years 2015 to 2019. They shall notify the Commission of any such decision by that date.
Member States may decide to review the decisions referred to in this paragraph with effect from calendar year 2018. Any decisions based on such review shall not result in a decrease of the percentage notified to the Commission in accordance with the first, second and third subparagraphs. Member States shall notify the Commission of any decision based on such review by 1 August 2017.
Member States may decide to review the decisions referred to in this paragraph with effect from calendar year 2019 and shall notify the Commission of any decision based on such review by 1 August 2018. Any decisions based on such review shall not result in a decrease of the percentage notified to the Commission in accordance with the first, second, third and fourth subparagraphs.
By 31 December 2019, Member States may decide to make available, as additional support financed under the EAFRD in financial year 2021, up to 15 % of their annual national ceilings for the calendar year 2020 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission by 31 December 2019 and shall set out the percentage chosen.
Member States may decide to make available, as additional support financed under the EAFRD in financial years 2022 and 2023, up to 15 % of their annual national ceilings for the calendar years 2021 and 2022 set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. That decision shall be notified to the Commission for the calendar year 2021 by 19 February 2021 and for the calendar year 2022 by 1 August 2021 and shall set out the percentage chosen.
The decision referred to in the first subparagraph shall be notified to the Commission by 31 December 2013. That decision shall set out the percentage referred to in that subparagraph, which may vary by calendar year.
Member States which do not take the decision referred to in the first subparagraph in respect of financial year 2015 may, by 1 August 2014, take that decision in respect of financial years 2016 to 2020. They shall notify the Commission of any such decision by that date.
Member States may decide to review the decisions referred to in this paragraph with effect for financial years 2019 and 2020. Any decisions based on such review shall not result in an increase of the percentage notified to the Commission in accordance with the first, second and third subparagraphs. Member States shall notify the Commission of any decision based on such review by 1 August 2017.
Member States may decide to review the decisions referred to in this paragraph with effect from calendar year 2019 and shall notify the Commission of any decision based on such review by 1 August 2018. Any decisions based on such review shall not result in an increase of the percentage notified to the Commission in accordance with the first, second, third and fourth subparagraphs.
By 8 February 2020, Member States may decide to make available for calendar year 2020 as direct payments an amount not higher than the amount set out in Annex VIa. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD for financial year 2021. That decision shall be notified to the Commission by 8 February 2020 and shall set out the amount to be transferred.
Member States which do not take the decision referred to in the seventh subparagraph of paragraph 1 for financial years 2022 and 2023, may decide to make available as direct payments up to 15 %, or in the case of Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Finland and Sweden up to 25 %, of the amount allocated to support financed under the EAFRD in financial year 2022 by Regulation (EU) No 1305/2013 and in financial year 2023 by Union legislation adopted after the adoption of Council Regulation (EU) 2020/2093 ( 2 ) [MFF]. As a result, the corresponding amount shall no longer be available for support financed under the EAFRD. That decision shall be notified to the Commission for the financial year 2022 by 19 February 2021 and for the financial year 2023 by 1 August 2021 and shall set out the percentage chosen.
Article 15
Review
Support schemes listed in Annex I shall apply without prejudice to a possible review at any time in the light of economic developments and the budgetary situation. That review may lead to the adoption of legislative acts, delegated acts under Article 290 TFEU or implementing acts under Article 291 TFEU.
CHAPTER 2
Provisions applying to Bulgaria, Croatia and Romania
Article 16
Gradual introduction of direct payments in Bulgaria and Romania
For Bulgaria and Romania, the ceilings fixed in accordance with Articles 42, 47, 49, 51, 53 and 65 shall, for 2015, be established on the basis of the amount set out in point A of Annex V.
Article 17
Gradual introduction of direct payments in Croatia
In Croatia, direct payments shall be introduced in accordance with the following schedule of increments expressed as a percentage of the corresponding level of the direct payments as applied from 2022:
Article 18
Complementary national direct payments and direct payments in Bulgaria and Romania
Article 19
Complementary national direct payments for Croatia
The amount of complementary national direct payments which may be granted in a given year and for a given support scheme shall be limited by a specific financial envelope. This envelope shall be established as the difference between:
the amount of direct support available per support scheme concerned after the full introduction of direct payments in accordance with Article 17 for the calendar year 2022, and
the amount of direct support available per support scheme concerned after the application of the schedule of increments in accordance with Article 17 for the calendar year concerned.
As regards complementary national direct payments intended to complement the voluntary coupled support referred to in Chapter 1 of Title IV, the implementing acts shall also specify the specific types of farming or the specific agricultural sectors referred to in Article 52(3) to which the complementary national direct payments may relate.
Those implementing acts shall be adopted without applying the procedure referred to in Article 71(2) or (3).
Croatia shall submit a report providing information on the measures for the implementation of the complementary national direct payments by 30 June of the year following their implementation. The report shall cover at least the following:
any changes in the situation affecting the complementary national direct payments;
for each complementary national direct payment, the numbers of beneficiaries and the total amount of complementary national direct payment granted, as well as the hectares and the number of animals or other units for which that complementary national direct payment has been granted;
a report on control measures applied in relation to the complementary national direct payments granted.
Article 20
Special national de-mining reserve for Croatia
Croatia shall also notify the Commission of the number of payment entitlements available to farmers on 31 December of the previous calendar year, as well as the amount remained unspent in the special national de-mining reserve on that same date.
Where applicable, the notifications provided in the first and second subparagraphs shall be made per region as defined in accordance with Article 23(1) of this Regulation.
The maximum amount to be added in accordance with the first subparagraph, on the basis of all the areas notified by Croatia in accordance with paragraph 1 of this Article until 2022, shall be EUR 9 600 000 and shall be subject to the schedule of introduction of direct payments in accordance with Article 17. The resulting maximum annual amounts are set out in Annex VII.
For the years 2015 to 2022, Croatia shall use the special national de-mining reserve to allocate payment entitlements to farmers on the basis of de-mined land declared by the farmers in the year in question where:
such land consists of eligible hectares within the meaning of Article 32(2) to (5);
the land in question was returned to use for agricultural activities during the previous calendar year; and
the land has been notified to the Commission in accordance with paragraph 1 of this Article.
TITLE III
BASIC PAYMENT SCHEME, SINGLE AREA PAYMENT SCHEME AND RELATED PAYMENTS
CHAPTER 1
Basic payment scheme and single area payment scheme
Article 21
Payment entitlements
Support under the basic payment scheme shall be available to farmers:
who obtain payment entitlements under this Regulation through allocation pursuant to Article 20(4), through first allocation pursuant to Article 24 or Article 39, through allocation from the national reserve or regional reserves pursuant to Article 30 or through transfer pursuant to Article 34; or
who comply with Article 9 and hold owned or leased-in payment entitlements in a Member State which has decided, in accordance with paragraph 3, to keep its existing payment entitlements.
Article 22
Basic payment scheme ceiling
For calendar years 2021 and 2022, if the ceiling for a Member State set by the Commission pursuant to paragraph 1 of this Article is different from that of the previous year as a result of a change in the amount set out in Annex II or as a result of any decision taken by that Member State in accordance with this Article, Article 14(1) or (2), Article 42(1), Article 49(1), Article 51(1) or Article 53, that Member State shall linearly reduce or increase the value of all payment entitlements and/or reduce or increase the national reserve or regional reserves in order to ensure compliance with paragraph 4 of this Article.
Article 23
Regional allocation of the national ceilings
Member States applying Article 36 may take the decision referred to in the first subparagraph by 1 August of the year preceding the first year of implementation of the basic payment scheme.
Member States not applying Article 30(2) shall make that division after applying the linear reduction provided for in Article 30(1).
Member States applying the second subparagraph of paragraph 1 shall notify the Commission of any decision referred to in that subparagraph and of the measures taken for the application of paragraphs 2 and 3 by 1 August of the relevant year.
Member States applying paragraph 1 shall notify the Commission of any decision referred to in paragraph 5 by 1 August of the year preceding the first year of implementation of that decision.
Member States applying the first subparagraph of paragraph 1 shall notify the Commission for calendar year 2021 by 19 February 2021 and for calendar year 2022 by 1 August 2021 of the decisions referred to in paragraphs 2 and 3.
Article 24
First allocation of payment entitlements
Payment entitlements shall be allocated to farmers who are entitled to be granted direct payments in accordance with Article 9 of this Regulation provided that:
they apply for allocation of payment entitlements under the basic payment scheme by the final date for submission of applications in 2015 to be set in accordance with point (b) of the first subparagraph of Article 78 of Regulation (EU) No 1306/2013, except in case of force majeure or exceptional circumstances; and
they were entitled to receive payments, before any reduction or exclusion provided for in Chapter 4 of Title II of Regulation (EC) No 73/2009, in respect of an aid application for direct payments, for transitional national aid or for complementary national direct payments in accordance with Regulation (EC) No 73/2009 for 2013.
The first subparagraph shall not apply in Member States applying Article 21(3) of this Regulation.
Member States may allocate payment entitlements to farmers who are entitled to be granted direct payments in accordance with Article 9 of this Regulation, who fulfil the condition provided for in point (a) of the first subparagraph and who:
did not receive payments for 2013 in respect of an aid application as referred to in the first subparagraph of this paragraph and who, on the date fixed by the Member State concerned in accordance with Article 11(2) of Commission Regulation (EC) No 1122/2009 ( 3 ) for the claim year 2013:
in Member States applying the single payment scheme:
in Member States applying the single area payment scheme, had only agricultural land that was not in good agricultural condition on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009;
in 2014, are allocated payment entitlements from the national reserve under the single payment scheme pursuant to Article 41 or 57 of Regulation (EC) No 73/2009; or
never held owned or leased-in payment entitlements established under Regulation (EC) No 73/2009 or Regulation (EC) No 1782/2003 and who submit verifiable evidence that, on the date fixed by the Member State in accordance with Article 11(2) of Regulation (EC) No 1122/2009 for the claim year 2013, they produced, reared or grew agricultural products, including through harvesting, milking, breeding animals and keeping animals for farming purposes. Member States may establish their own additional objective and non-discriminatory eligibility criteria for this category of farmers as regards appropriate skills, experience or education.
When using this option, Member States shall allocate a reduced number of payment entitlements to farmers. That number shall be calculated by applying a proportional reduction to the additional number of eligible hectares declared by each farmer in 2015 compared to the number of eligible hectares within the meaning of Article 34(2) of Regulation (EC) No 73/2009 that that farmer declared in his aid application in 2011 or, in the case of Croatia, in 2013, without prejudice to the de-mined hectares for which payment entitlements are to be allocated in accordance with Article 20(4) of this Regulation.
Article 25
Value of payment entitlements and convergence
The fixed percentage referred to in the first subparagraph shall be calculated by dividing the national or regional ceiling for the basic payment scheme to be set in accordance with, respectively, Article 22(1) or Article 23(2) of this Regulation for 2015, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30, by the national ceiling for 2015 set out in Annex II. The payment entitlements shall be expressed in a number that corresponds to a number of hectares.
Member States may decide to set the percentage referred to in the first subparagraph at a level higher than 90 % but not above 100 %.
In addition, Member States shall provide that, at the latest for claim year 2019, no payment entitlement shall have a unit value lower than 60 % of the national or regional unit value in 2019, unless this would, in Member States applying the threshold referred to in paragraph 7, result in a maximum decrease exceeding that threshold. In such cases, the minimum unit value shall be set at a level necessary to respect that threshold.
In order to ensure compliance with the fixed percentage referred to in paragraph 1 of this Article for each year, the value of the payment entitlements with an initial unit value that is higher than the national or regional unit value in 2019 shall be adjusted.
In order to ensure compliance with the fixed percentage referred to in paragraph 1 of this Article for each year, the value of all payment entitlements shall be linearly adjusted.
After having applied the adjustment referred to in Article 22(5), Member States that have made use of the derogation provided for in paragraph 4 of this Article may decide that payment entitlements held by farmers on 31 December 2019 which have a value lower than the national or regional unit value in 2020 as calculated in accordance with the second subparagraph of this paragraph have their unit value increased towards the national or regional unit value in 2020. The increase shall be calculated under the following conditions:
the calculation method for the increase decided upon by the Member State concerned is based on objective and non-discriminatory criteria;
in order to finance the increase, all or part of the owned or leased-in payment entitlements held by farmers on 31 December 2019 which have a value higher than the national or regional unit value in 2020 as calculated in accordance with the second subparagraph shall be reduced; that reduction shall apply to the difference between the value of those entitlements and the national or regional unit value in 2020; the application of that reduction shall be based on objective and non-discriminatory criteria, which may include the fixing of a maximum decrease.
The national or regional unit value in 2020 referred to in the first subparagraph of this paragraph shall be calculated by dividing the national or regional ceiling for the basic payment scheme set in accordance with Article 22(1) or Article 23(2) for 2020, excluding the amount of the national or regional reserves, by the number of the owned or leased-in payment entitlements held by farmers on 31 December 2019.
By way of derogation from the first subparagraph of this paragraph, Member States that have made use of the derogation provided for in paragraph 4 of this Article may decide to keep the value of payment entitlements calculated in accordance with that paragraph subject to the adjustment referred to in Article 22(5).
Member States shall inform farmers in due time of the value of their payment entitlements as calculated in accordance with this paragraph.
Article 26
Calculation of the initial unit value
That fixed percentage shall be calculated by dividing the national or regional ceiling for the basic payment scheme to be set in accordance with, respectively, Article 22(1) or Article 23(2) of this Regulation for the year 2015, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30 of this Regulation, by the amount of the payments for 2014 under the single payment scheme in the Member State or region concerned, before reductions and exclusions provided for in Chapter 4 of Title II of Regulation (EC) No 73/2009.
That fixed percentage shall be calculated by dividing the national or regional ceiling for the basic payment scheme to be set in accordance with, respectively, Article 22(1) or Article 23(2) of this Regulation for the year 2015, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30 of this Regulation, by the total value of all entitlements, including special entitlements, in the Member State or region concerned for 2014, under the single payment scheme.
For the purpose of this paragraph, a farmer shall be considered to hold payment entitlements on the date of submission of his application for 2014 where payment entitlements were allocated or definitively transferred to him by that date.
That fixed percentage shall be calculated by dividing the national or regional ceiling for the basic payment scheme to be set in accordance with, respectively, Article 22(1) or Article 23(2) of this Regulation for the year 2015, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30 of this Regulation, by the total value of aid granted under the single area payment scheme in accordance with Regulation (EC) No 73/2009 and under Articles 132 and 133a of that Regulation for 2014 in the Member State or region concerned, before reductions and exclusions provided for in Chapter 4 of Title II of that Regulation.
Member States which decide to apply the voluntary coupled support pursuant to Title IV of this Regulation may take into account the differences between the level of support granted in calendar year 2014 and the level of support to be granted in accordance with Title IV of this Regulation when applying a calculation method provided for in this Article, provided that:
the voluntary coupled support pursuant to Title IV of this Regulation is granted to a sector which was granted support in calendar year 2014 pursuant to Article 52, Article 53(1) and points (a) and (b) of Article 68(1) and, for Member States which applied the single area payment scheme, pursuant to point (c) of Article 68(1) and Articles 126, 127 and 129 of Regulation (EC) No 73/2009; and
the amount per unit of the voluntary coupled support is lower than the amount per unit of the support in 2014.
For the purposes of the calculation methods provided for in this Article, provided that the redistributive payment pursuant to Article 41 is not applied, Member States shall fully take into account the support granted for calendar year 2014 under Articles 72a and 125a of Regulation (EC) No 73/2009.
Article 27
Inclusion of the special national de-mining reserve
For Croatia, any reference in Articles 25 and 26 to the national reserve shall be read as including the special national de-mining reserve referred to in Article 20.
In addition, the amount arising from the special national de-mining reserve shall be deducted from the ceilings of the basic payment scheme referred to in the second subparagraph of Article 25(1), in paragraphs 5 and 6 of that Article and in Article 26.
Article 28
Windfall profit
For the purposes of Article 25(4) to (7) and Article 26, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 or Article 124(2) of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 33(1) of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned is to revert to the national reserve or regional reserves where the increase would lead to a windfall profit for the farmer concerned.
Those objective criteria shall be established in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition and shall include, at least, the following:
a minimum duration for the lease; and
the proportion of the payment received which shall revert to the national reserve or regional reserves.
Article 29
Notifications concerning the value of payment entitlements and convergence
Member States shall notify the Commission of any decision referred to in Articles 25, 26 and 28 by 1 August 2014.
For calendar years 2020 and 2021, Member States shall notify the Commission of their decisions referred to in Article 25(11) and (12) by 19 February 2021.
For calendar year 2022, Member States shall notify the Commission of their decision referred to in Article 25(12) by 1 August 2021.
Article 30
Establishment and use of the national reserve or regional reserves
Member States may use their national or regional reserves to:
allocate payment entitlements to farmers in order to prevent land from being abandoned, including in areas subject to restructuring or development programmes relating to a form of public intervention;
allocate payment entitlements to farmers in order to compensate them for specific disadvantages;
allocate payment entitlements to farmers who were prevented from being allocated payment entitlements under this Chapter as a result of force majeure or exceptional circumstances;
allocate, in cases where they apply Article 21(3) of this Regulation, payment entitlements to farmers whose number of eligible hectares that they declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 and that are at their disposal on a date fixed by the Member State, which shall be no later than the date fixed in that Member State for amending such an aid application, is higher than the number of owned or leased-in payment entitlements established in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 that they hold on the final date for submission of applications to be set in accordance with point (b) of the first subparagraph of Article 78 of Regulation (EU) No 1306/2013;
linearly increase, on a permanent basis, the value of all payment entitlements under the basic payment scheme at national or regional level if the relevant national or regional reserve exceeds 0,5 % of the annual national or regional ceiling for the basic payment scheme, provided that sufficient amounts remain available for allocations under paragraph 6, under points (a) and (b) of this paragraph and under paragraph 9 of this Article;
cover the yearly needs for payments to be granted in accordance with Article 51(2) and Article 65(1), (2) and (3) of this Regulation.
For the purpose of this paragraph, Member States shall decide on the priorities between the different uses referred to herein.
The national or regional average value shall be calculated by dividing the national or regional ceiling for the basic payment scheme set in accordance with, respectively, Article 22(1) or Article 23(2) for the year of allocation, excluding the amount of the national reserve or regional reserves and, in the case of Croatia, the special de-mining reserve, by the number of allocated payment entitlements.
Member States shall fix the steps for annual progressive modifications of the value of payment entitlements allocated from the national reserve or regional reserves, taking account of the modifications of the national or regional ceiling for the basic payment scheme set in accordance with, respectively, Article 22(1) and Article 23(2) that result from the variations in the level of the national ceilings set out in Annex II.
For allocations from the national reserve or regional reserves in 2021 and 2022, the amount of the national reserve or regional reserves to be excluded in accordance with the second subparagraph of this paragraph shall be adjusted in accordance with the second subparagraph of Article 22(5). For allocations from the national reserve or regional reserves in 2021 and 2022, the third subparagraph of this paragraph shall not apply.
For the purposes of this Article, the following definitions shall apply:
'young farmers' means farmers fulfilling the conditions laid down in Article 50(2) and, where relevant, the conditions referred to in Article 50(3) and (11);
'farmers commencing their agricultural activity' means natural or legal persons who, in the five years preceding the start of the agricultural activity, did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity. In the case of a legal person, the natural person or persons in control of the legal person must not have had any agricultural activity in their own name and at their own risk or must not have had the control of a legal person exercising an agricultural activity in the five years preceding the start of the agricultural activity by the legal person; Member States may establish their own additional objective and non-discriminative eligibility criteria for this category of farmers as regards appropriate skills, experience or education.
Article 31
Replenishment of the national reserve or regional reserves
The national reserve or regional reserves shall be replenished by amounts resulting from:
payment entitlements not giving right to payments during two consecutive years due to the application of:
Article 9,
Article 10(1), or
Article 11(4) of this Regulation;
a number of payment entitlements equivalent to the total number of payment entitlements which have not been activated by farmers in accordance with Article 32 of this Regulation for a period of two consecutive years, except where their activation has been prevented by force majeure or exceptional circumstances; when establishing the owned or leased-in payment entitlements held by a farmer that shall revert to the national reserve or regional reserves, priority shall be given to those entitlements which have the lowest value;
payment entitlements voluntarily returned by farmers;
the application of Article 28 of this Regulation;
unduly allocated payment entitlements in accordance with Article 63 of Regulation (EU) No 1306/2013;
a linear reduction of the value of payment entitlements under the basic payment scheme at national or regional level where the national reserve or regional reserves are not sufficient to cover the cases referred to in Article 30(9) of this Regulation;
where Member States consider it necessary, a linear reduction of the value of payment entitlements under the basic payment scheme at national or regional level to cover cases referred to in Article 30(6) of this Regulation. In addition, Member States already making use of that linear reduction may in the same year also apply a linear reduction of the value of payment entitlements under the basic payment scheme at national or regional level to cover cases referred to in points (a) and (b) of the first subparagraph of Article 30(7) of this Regulation;
the application of Article 34(4) of this Regulation.
Article 32
Activation of payment entitlements
For the purposes of this Title, 'eligible hectare' means:
any agricultural area of the holding, including areas that were not in good agricultural condition on 30 June 2003 in Member States acceding to the Union on 1 May 2004 that opted upon accession to apply the single area payment scheme, that is used for an agricultural activity or, where the area is also used for non-agricultural activities, is predominantly used for agricultural activities; or
any area which gave a right to payments in 2008 under the single payment scheme or the single area payment scheme laid down, respectively, in Titles III and IVA of Regulation (EC) No 1782/2003, and which:
no longer complies with the definition of 'eligible hectare' under point (a) as a result of the implementation of Directive 92/43/EEC, Directive 2000/60/EC and Directive 2009/147/EC;
for the duration of the relevant commitment by the individual farmer, is afforested pursuant to Article 31 of Regulation (EC) No 1257/1999 or to Article 43 of Regulation (EC) No 1698/2005 or to Article 22 of Regulation (EU) No 1305/2013 or under a national scheme the conditions of which comply with Article 43(1), (2) and (3) of Regulation (EC) No 1698/2005 or Article 22 of Regulation (EU) No 1305/2013; or
for the duration of the relevant commitment of the individual farmer, is set aside pursuant to Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, to Article 39 of Regulation (EC) No 1698/2005 or to Article 28 of Regulation (EU) No 1305/2013.
For the purposes of point (a) of paragraph 2:
where an agricultural area of a holding is also used for non-agricultural activities, that area shall be considered to be used predominantly for agricultural activities provided that those agricultural activities can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activities;
Member States may draw up a list of areas which are predominantly used for non-agricultural activities.
Member States shall establish criteria for the implementation of this paragraph on their territory.
Article 33
Declaration of eligible hectares
Article 34
Transfer of payment entitlements
Payment entitlements, including in the case of actual or anticipated inheritance, may be activated only in the Member State where they were allocated.
Payment entitlements, including in the case of actual or anticipated inheritance, may be activated only in the region where they were allocated.
Such regions shall be defined at the appropriate territorial level in accordance with objective criteria and in a way that ensures the equal treatment of farmers and avoids distortions of the market and of competition.
Article 35
Delegated powers
In order to ensure legal certainty and to clarify the specific situations that may arise in the application of the basic payment scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 concerning:
rules on eligibility and access in respect of the basic payment scheme of farmers in the case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination, transfer of payment entitlements, merger or scission of the holding, and the application of the contract clause referred to in Article 24(8);
rules on the calculation of the value and number or on the increase or reduction in the value of payment entitlements in relation to the allocation of payment entitlements under any provision of this Title, including rules:
on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer,
on the conditions for establishing the provisional and definitive value and number of the payment entitlements,
on the cases where a sale or lease contract may affect the allocation of payment entitlements;
rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve or regional reserves;
rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and in the case of transfer of payment entitlements referred to in Article 34(4);
criteria for applying options under points (a), (b) and (c) of the third subparagraph of Article 24(1);
criteria for applying limitations on the number of payment entitlements to be allocated in accordance with Article 24(4) to (7);
criteria for the allocation of payment entitlements pursuant to Article 30(6) and (7);
criteria for setting the reduction coefficient referred to in Article 32(5).
Article 36
Single area payment scheme
During the period of application of the single area payment scheme, Sections 1, 2 and 3 of this Chapter shall not apply to those Member States, with the exception of the second subparagraph of Article 23(1), Article 23(6) as well as Article 32(2) to (6).
Member States applying the single area payment scheme in 2020 shall continue to do so after 31 December 2020.
When doing so, they shall take into account the support granted for calendar year 2014 under one or more of the schemes pursuant to points (a), (b) and (c) of Article 68(1) and Articles 126, 127 and 129 of Regulation (EC) No 73/2009.
Cyprus may differentiate the aid taking into account the sector-specific financial envelopes set out in Annex XVIIa of Regulation (EC) No 73/2009, reduced by any aid granted to the same sector pursuant to Article 37 of this Regulation.
In order to differentiate the single area payment scheme, and provided that the redistributive payment pursuant to Article 41 is not applied, Member States shall fully take into account the support granted for calendar year 2014 under Article 125a of Regulation (EC) No 73/2009.
For each Member State, the amount calculated in accordance with the first subparagraph of this paragraph may be increased by a maximum of 3 % of the relevant annual national ceiling set out in Annex II after deduction of the amount resulting from the application of Article 47(1) for the relevant year. When a Member State applies such an increase, that increase shall be taken into account by the Commission when setting the annual national ceiling for the single area payment scheme pursuant to the first subparagraph of this paragraph. For that purpose, Member States shall notify the Commission by 31 January 2018 of the annual percentages by which the amount calculated pursuant to paragraph 1 of this Article is to be increased each calendar year from 2018. By 19 February 2021, Member States shall notify the Commission of the annual percentage by which the amount calculated pursuant to paragraph 1 of this Article is to be increased for calendar years 2021 and 2022.
Member States may review their decision referred to in the second subparagraph of this paragraph on an annual basis and shall notify the Commission of any decision based on such review by 1 August of the year preceding its application.
Article 37
Transitional national aid
Member States granting transitional national aid in the period 2015-2020 may decide to grant transitional national aid in 2021 and 2022.
The total amount of transitional national aid that may be granted to farmers in any of the sectors referred to in paragraph 2 shall be limited to the following percentage of the sector-specific financial envelopes authorised by the Commission in accordance with Article 132(7) or Article 133a(5) of Regulation (EC) No 73/2009 in 2013:
For Cyprus, the percentage shall be calculated on the basis of the sector-specific financial envelopes set out in Annex XVIIa to Regulation (EC) No 73/2009.
Member States shall notify any decision referred to in paragraph 1 to the Commission by 31 March of each year. The notification shall include the following information:
the sector-specific financial envelope;
the maximum rate of transitional national aid, where appropriate.
Article 38
Introduction of the basic payment scheme in the Member States having applied the single area payment scheme
Save as otherwise provided for in this Section, this Title shall apply to the Member States having applied the single area payment scheme provided for in Section 4 of this Chapter.
Articles 24 to 29 shall not apply to those Member States.
Article 39
First allocation of payment entitlements
Payment entitlements shall be allocated to farmers who are entitled to be granted direct payments in accordance with Article 9 of this Regulation provided that:
they apply for allocation of payment entitlements under the basic payment scheme by a final date for submission of applications to be set in accordance with point (b) of the first subparagraph of Article 78 of Regulation (EU) No 1306/2013 in the first year of implementation of the basic payment scheme, except in case of force majeure or exceptional circumstances; and
they were entitled to receive payments, before any reduction or exclusion provided for in Chapter 4 of Title II of Regulation (EC) No 73/2009, in respect of an aid application for direct payments, for transitional national aid or for complementary national direct payments in accordance with Regulation (EC) No 73/2009 for 2013.
Member States may allocate payment entitlements to farmers who are entitled to be granted direct payments in accordance with Article 9 of this Regulation, who fulfil the condition provided for in point (a) of the first subparagraph, who did not receive payments for 2013 in respect of an aid application referred to in point (b) of the first subparagraph of this paragraph and who, on the date fixed by the Member State concerned in accordance with Article 11(2) of Regulation (EC) No 1122/2009 for the claim year 2013, had only agricultural land that was not in good agricultural condition on the 30 June 2003, as provided for in Article 124(1) of Regulation (EC) No 73/2009.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 71(2).
Article 40
Value of payment entitlements
The fixed percentage referred to in the first subparagraph shall be calculated by dividing the national or regional ceiling for the basic payment scheme to be set in accordance with, respectively, Article 22(1) or Article 23(2) of this Regulation for the first year of implementation of the basic payment scheme, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30 by the national ceiling set out in Annex II for the first year of implementation of the basic payment scheme. The payment entitlements shall be expressed in a number that corresponds to a number of hectares.
That fixed percentage shall be calculated by dividing the national or regional ceiling for the basic payment scheme to be set in accordance with, respectively, Article 22(1) or Article 23(2) of this Regulation for the first year of implementation of the basic payment scheme, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30, by the total value of aid, excluding aid pursuant to Articles 41, 43, 48 and 50 and Title IV of this Regulation, granted for the calendar year preceding the implementation of the basic payment scheme within the Member State or region concerned, before the application of Article 63 of Regulation (EU) No 1306/2013.
In the first year of implementation of the basic payment scheme, Member States shall inform the farmers of the value of their entitlements, calculated in accordance with this Article, for each year of the period covered by this Regulation.
Those objective criteria shall be established in such a way as to ensure the equal treatment of farmers and to avoid distortions of the market and of competition and shall include, at least, the following:
a minimum duration for the lease;
the proportion of the payment received which is to revert to the national reserve or regional reserves.
CHAPTER 2
Redistributive payment
Article 41
General rules
Member States shall notify the Commission of any such decision by the relevant date referred to in the first subparagraph.
The regional average payment per hectare referred to in paragraph 4 of this Article shall be established by the Member States by using a share of the national ceiling set out in Annex II for calendar year 2019 and the number of eligible hectares declared in the region concerned in accordance with Article 33(1) in 2015. For each region, this share shall be calculated by dividing the respective regional ceiling set in accordance with Article 23(2) by the national ceiling set in accordance with Article 22(1), after applying the linear reduction provided for in paragraph 1 of Article 30 where paragraph 2 of that Article is not applied.
Article 42
Financial provisions
Member States shall notify the Commission of the percentage referred to in the first subparagraph by 19 February 2021 for calendar year 2021 and by 1 August 2021 for calendar year 2022.
CHAPTER 3
Payment for agricultural practices beneficial for the climate and the environment
Article 43
General rules
The agricultural practices beneficial for the climate and the environment shall be the following:
crop diversification;
maintaining existing permanent grassland; and
having ecological focus area on the agricultural area.
The equivalent practices shall be those which include similar practices that yield an equivalent or higher level of benefit for the climate and the environment compared to one or several of the practices referred to in paragraph 2. Those equivalent practices and the practice or practices referred to in paragraph 2 to which they are equivalent are listed in Annex IX and shall be covered by any of the following:
commitments undertaken in accordance with either Article 39(2) of Regulation (EC) No 1698/2005 or Article 28(2) of Regulation (EU) No 1305/2013;
national or regional environmental certification schemes, including those for the certification of compliance with national environmental legislation, going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, which aim to meet objectives relating to soil and water quality, biodiversity, landscape preservation, and climate change mitigation and adaptation. Those certification schemes may include the practices listed in Annex IX to this Regulation, the practices referred to in paragraph 2 of this Article, or a combination of those practices.
The Commission shall assess whether the practices included in the specific commitments or certification schemes are covered by the list in Annex IX, and if it considers this not to be the case, notify Member States accordingly by means of implementing acts adopted without applying the procedure referred to in Article 71(2) or (3). Where the Commission notifies a Member State that those practices are not covered by the list in Annex IX, that Member State shall not recognise as equivalent practices within the meaning of paragraph 3 of this Article the specific commitments or certification schemes covered by the Commission notification.
This payment shall take the form of an annual payment per eligible hectare declared in accordance with Article 33(1) or Article 36(2), the amount of which shall be calculated annually by dividing the amount resulting from the application of Article 47 by the total number of eligible hectares declared in accordance with Article 33(1) or Article 36(2) in the Member State or the region concerned.
By way of derogation from the second subparagraph, Member States deciding to apply Article 25(2) may decide to grant the payment referred to in this paragraph as a percentage of the total value of the payment entitlements that the farmer has activated in accordance with Article 33(1) for each relevant year.
For each year and each Member State or region, that percentage shall be calculated by dividing the amount resulting from the application of Article 47 by the total value of all payment entitlements activated in accordance with Article 33(1) in that Member State or region.
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007.
The Commission shall be empowered to adopt delegated acts in accordance with Article 70:
adding equivalent practices to the list set out in Annex IX;
establishing appropriate requirements applicable to the national or regional certification schemes referred to in point (b) of paragraph 3 of this Article, including the level of assurance to be provided by those schemes;
establishing detailed rules for the calculation of the amount referred to in Article 28(6) of Regulation (EU) No 1305/2013 for the practices referred to in points 3 and 4 of Section I and point 7 of Section III of Annex IX to this Regulation, and any further equivalent practices added to that Annex pursuant to point (a) of this paragraph for which a specific calculation is needed in order to avoid double funding.
Article 44
Crop diversification
Where the arable land of the farmer covers more than 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least three different crops on that arable land. The main crop shall not cover more than 75 % of that arable land and the two main crops together shall not cover more than 95 % of that arable land.
Paragraphs 1 and 2 shall not apply to holdings:
where more than 75 % of the arable land is used for the production of grasses or other herbaceous forage, is used for cultivation of leguminous crops, is land lying fallow or is subject to a combination of those uses;
where more than 75 % of the eligible agricultural area is permanent grassland, is used for the production of grasses or other herbaceous forage or for the cultivation of crops under water for a significant part of the year or for a significant part of the crop cycle, or is subject to a combination of those uses;
where more than 50 % of the areas of arable land declared were not declared by the farmer in his aid application of the previous year and, where based on a comparison of the geo-spatial aid applications, all arable land is being cultivated with a different crop compared to that of the previous calendar year;
that are situated in areas north of 62nd parallel or certain adjacent areas. Where the arable land of such holdings covers more than 10 hectares, there shall be at least two crops on the arable land, and none of these crops shall cover more than 75 % of the arable land, unless the main crop is grasses or other herbaceous forage, or land lying fallow.
For the purposes of this Article, a "crop" means any of the following:
a culture of any of the different genera defined in the botanical classification of crops;
a culture of any of the species in the case of Brassicaceae, Solanaceae, and Cucurbitaceae;
land lying fallow;
grasses or other herbaceous forage.
Winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus. Triticum spelta shall be considered to be a distinct crop from crops belonging to the same genus.
The Commission shall be empowered to adopt delegated acts in accordance with Article 70:
recognising other types of genera and species than those referred to in paragraph 4 of this Article; and
laying down the rules concerning the application of the precise calculation of shares of different crops.
Article 45
Permanent grassland
Member States may, in order to ensure the protection of environmentally valuable permanent grasslands, decide to designate further sensitive areas situated outside areas covered by Directives 92/43/EEC or 2009/147/EC, including permanent grasslands on carbon-rich soils.
Farmers shall not convert or plough permanent grassland situated in areas designated by Member States under the first subparagraph and, where applicable, the second subparagraph.
For the purposes of establishing the reference ratio referred to in the first subparagraph:
"areas of permanent grassland" means the land under permanent pasture declared in 2012, or 2013 in the case of Croatia, in accordance with Regulation (EC) No 73/2009 by the farmers subject to the obligations under this Chapter, as well as the areas of permanent grassland declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 by the farmers subject to the obligations under this Chapter that have not been declared as land under permanent pasture in 2012 or, in the case of Croatia, 2013;
"total agricultural area" means the agricultural area declared in 2015 in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 by farmers subject to the obligations under this Chapter.
The reference ratio of permanent grassland shall be recalculated in cases where farmers subject to the obligations under this Chapter have an obligation to reconvert an area into permanent grassland in 2015 or in 2016 in accordance with Article 93 of Regulation (EU) No 1306/2013. In such cases, these areas shall be added to the areas of permanent grassland referred to in point (a) of the second subparagraph of this paragraph.
The ratio of permanent grassland shall be established each year on the basis of the areas declared by the farmers subject to the obligations under this Chapter for that year in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013.
The obligation under this paragraph shall apply at national, regional or the appropriate sub-regional level. Member States may decide to apply an obligation to maintain permanent grassland at holding level in order to ensure that the ratio of permanent grassland does not decrease by more than 5 %. Member States shall notify the Commission of any such decision by 1 August 2014.
Member States shall notify the reference ratio and the ratio referred to in this paragraph to the Commission.
However, where the amount of areas of permanent grassland in absolute terms established in accordance with point (a) of the second subparagraph of paragraph 2 is maintained within certain limits, the obligation set out in the first subparagraph of paragraph 2 shall be considered to have been complied with.
The Commission shall be empowered to adopt delegated acts in accordance with Article 70:
laying down the framework for the designation of further sensitive areas referred to in the second subparagraph of paragraph 1 of this Article;
establishing detailed methods for the determination of the ratio of permanent grassland and of the total agricultural area that has to be maintained pursuant to paragraph 2 of this Article;
defining the period in the past referred to in the first subparagraph of paragraph 3 of this Article.
Article 46
Ecological focus area
The percentage referred to in the first subparagraph of this paragraph shall be increased from 5 % to 7 % subject to a legislative act of the European Parliament and of the Council in accordance with Article 43(2) TFEU.
By 31 March 2017, the Commission shall present an evaluation report on the implementation of the first subparagraph of this paragraph accompanied, where appropriate, by a proposal for a legislative act as referred to in the second subparagraph.
By 1 August 2014, Member States shall decide that one or more of the following are to be considered to be ecological focus area:
land lying fallow;
terraces;
landscape features, including such features adjacent to the arable land of the holding which, by way of derogation from Article 43(1) of this Regulation, may include landscape features that are not included in the eligible area in accordance with point (c) of Article 76(2) of Regulation (EU) No 1306/2013;
buffer strips, including buffer strips covered by permanent grassland, provided that these are distinct from adjacent eligible agricultural area;
hectares of agro-forestry that receive, or have received, support under Article 44 of Regulation (EC) No 1698/2005 and/or Article 23 of Regulation (EU) No 1305/2013;
strips of eligible hectares along forest edges;
areas with short rotation coppice with no use of mineral fertiliser and/or plant protection products;
afforested areas referred to in point (b)(ii) of Article 32(2) of this Regulation;
areas with catch crops, or green cover established by the planting and germination of seeds, subject to the application of weighting factors referred to in paragraph 3 of this Article;
areas with nitrogen-fixing crops;
areas with Miscanthus;
areas with Silphium perfoliatum;
land lying fallow for melliferous plants (pollen and nectar rich species).
With the exception of the areas of the holding referred to in points (g), (h), (k) and (l) of the first subparagraph of this paragraph, the ecological focus area shall be located on the arable land of the holding. In the case of areas referred to in points (c) and (d) of the first subparagraph of this paragraph, the ecological focus area may also be adjacent to the arable land of the holding the farmer declared in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013.
Paragraph 1 shall not apply to holdings:
where more than 75 % of the arable land is used for the production of grasses or other herbaceous forage, is land lying fallow, is used for cultivation of leguminous crops, or is subject to a combination of those uses;
where more than 75 % of the eligible agricultural area is permanent grassland, is used for the production of grasses or other herbaceous forage or for the cultivation of crops under water either for a significant part of the year or for a significant part of the crop cycle, or is subject to a combination of those uses.
Each farmer participating in collective implementation shall ensure that at least 50 % of the area subject to the obligation in paragraph 1 is located on the land of his holding and is in accordance with the second subparagraph of paragraph 2. The number of farmers participating in such collective implementation shall not exceed ten.
The area covered by forest and the ratio of forest land to agricultural land shall be assessed on an area level equivalent to the LAU2 level or on the level of another clearly delineated unit which covers a single clear contiguous geographical area having similar agricultural conditions.
The Commission shall be empowered to adopt delegated acts in accordance with Article 70:
laying down further criteria for the types of areas referred to in paragraph 2 of this Article to qualify as ecological focus area;
adding other types of areas than those referred to in paragraph 2 that can be taken into account for the purpose of respecting the percentage referred to in paragraph 1;
adapting Annex X in order to establish the conversion and weighting factors referred to in paragraph 3 and in order to take into account the criteria and/or types of areas to be defined by the Commission under points (a) and (b) of this paragraph;
setting rules for the implementation referred to in paragraphs 5 and 6, including the minimum requirements on such implementation;
establishing the framework within which Member States are to define the criteria to be met by holdings in order to be considered to be in close proximity for the purposes of paragraph 6;
establishing the methods for determination of the percentage of total land surface area covered by forest and the ratio of forest land to agricultural land referred to in paragraph 7.
Article 47
Financial provisions
Member States applying Article 23 may decide to apply the payment at regional level. In such cases, they shall use in each region a share of the ceiling set pursuant to paragraph 3 of this Article. For each region, this share shall be calculated by dividing the respective regional ceiling set in accordance with Article 23(2) by the national ceiling set in accordance with Article 22(1), after applying the linear reduction provided for in paragraph 1 of Article 30 where paragraph 2 of that Article is not applied.
CHAPTER 4
Payment for areas with natural constraints
Article 48
General rules
Member States may, on the basis of objective and non-discriminatory criteria, also set a maximum number of hectares per holding for which support under this Chapter can be granted.
Member States shall divide the national ceiling referred to in Article 49(1) between the regions in accordance with objective and non-discriminatory criteria.
The payment for areas with natural constraints at regional level shall be calculated by dividing the regional ceiling calculated in accordance with the second subparagraph of this paragraph by the number of eligible hectares declared in the respective region in accordance with Article 33(1) or Article 36(2) which are situated in the areas for which a Member State has decided to grant a payment in accordance with paragraph 2 of this Article.
Article 49
Financial provisions
Member States may, by 1 August 2016, review their decision and amend it with effect from 1 January 2017. They shall notify the Commission of any such decision by 1 August 2016.
Member States granting payments in accordance with Article 48 in calendar year 2020 shall notify the Commission of the percentage referred to in the first subparagraph by 19 February 2021 for calendar year 2021 and by 1 August 2021 for calendar year 2022.
CHAPTER 5
Payment for young farmers
Article 50
General rules
For the purposes of this Chapter, 'young farmers', means natural persons:
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
who are no more than 40 years of age in the year of submission of the application referred to in point (a).
By way of derogation from the second sentence of the first subparagraph, Member States 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.
Each year, Member States not applying Article 36 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:
between 25 % and 50 % of the average value of the owned or leased-in payment entitlements held by the farmer; or
between 25 % and 50 % of an amount calculated by dividing a fixed percentage of the national ceiling for the calendar year 2019 set out in Annex II by the number of all eligible hectares declared in 2015 in accordance with Article 33(1). That fixed percentage shall be equal to the share of the national ceiling remaining for the basic payment scheme in accordance with Article 22(1) for 2015.
The national average payment per hectare shall be calculated by dividing the national ceiling for the calendar year 2019 set out in Annex II by the number of eligible hectares declared in 2015 in accordance with Article 33(1) or Article 36(2).
The fixed number of hectares referred to in the first subparagraph of this paragraph shall be calculated by dividing the total number of eligible hectares declared pursuant to Article 33(1) or Article 36(2) by the young farmers applying for the payment for young farmers in 2015 by the total number of young farmers applying for that payment in 2015.
A Member State may recalculate the fixed number of hectares in any year after 2015 in the case of significant changes in the number of young farmers applying for the payment or in the size of the holdings of young farmers, or both.
The annual lump sum amount that a farmer may be granted shall not exceed the total amount of his basic payment before application of Article 63 of Regulation (EU) No 1306/2013 in the given year.
Article 51
Financial provisions
Member States may, by 1 August of each year, revise their estimated percentage with effect from the subsequent year. They shall notify the Commission of the revised percentage by 1 August of the year preceding its application.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 71(2).
TITLE IV
COUPLED SUPPORT
CHAPTER 1
Voluntary coupled support
Article 52
General rules
By way of derogation from paragraph 3, coupled support may also be granted to farmers who:
on 31 December 2014, have payment entitlements granted in accordance with Section 2 of Chapter 3 of Title III and Article 71m of Regulation (EC) No 1782/2003 and in accordance with Article 60 and the fourth paragraph of Article 65 of Regulation (EC) No 73/2009; and
have at their disposal no eligible hectares for the activation of payment entitlements under the basic payment scheme as referred to in Chapter 1 of Title III of this Regulation.
▼M9 —————
In order to ensure efficient and targeted use of Union funds and to avoid double funding under other similar support instruments, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 laying down:
the conditions for granting coupled support;
rules on consistency with other Union measures and on the cumulation of support.
Article 53
Financial provisions
Member States not having granted voluntary coupled support until claim year 2020 may take a decision in accordance with the first subparagraph for calendar year 2021 by 19 February 2021.
By way of derogation from paragraph 1, Member States may decide to use up to 13 % of the annual national ceiling set out in Annex II, provided that:
until 31 December 2014:
they apply the single area payment scheme laid down in Title V of Regulation (EC) No 73/2009,
they finance measures under Article 111 of that Regulation, or
they are covered by the derogation provided for in Article 69(5) or, in the case of Malta, in Article 69(1) of that Regulation; and/or
they allocate, in total, during at least one year in the period 2010-2014, more than 5 % of their amount available for granting the direct payments provided for in Title III, Title IV, with the exception of Section 6 of Chapter 1 thereof, and Title V of Regulation (EC) No 73/2009 for financing:
the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009,
the support provided for in subpoints (i) to (iv) of point (a) and in points (b) and (e) of Article 68(1) of that Regulation, or
the measures under Chapter 1, with the exception of Section 6 of Title IV of that Regulation.
By way of derogation from paragraphs 1 and 2, Member States allocating, in total, during at least one year in the period 2010-2014, more than 10 % of their amount available for granting the direct payments provided for in Title III, Title IV, with the exception of Section 6 of Chapter 1 thereof, and Title V of Regulation (EC) No 73/2009 for financing:
the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009;
the support provided for in subpoints (i) to (iv) of point (a) and in points (b) and (e) of Article 68(1) of that Regulation; or
the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation
may decide to use more than 13 % of the annual national ceiling set out in Annex II to this Regulation, upon approval by the Commission in accordance with Article 55 of this Regulation.
By 8 February 2020, Member States may also review their decision pursuant to this Chapter to the extent necessary to adjust to the decision on flexibility between pillars for calendar year 2020 taken in accordance with Article 14.
Member States shall decide by 19 February 2021 for calendar year 2021, and by 1 August 2021 for calendar year 2022, whether to continue or cease granting voluntary coupled support for the respective claim year.
By means of a review pursuant to the first and second subparagraphs of this paragraph, or a notification pursuant to the third subparagraph of this paragraph, Member States may decide with effect from the following year and for calendar years 2020 and 2021 with effect from the same calendar year:
to leave unchanged, increase or decrease the percentage fixed pursuant to paragraphs 1, 2 and 3, within the limits laid down therein where applicable, or to leave unchanged or decrease the percentage fixed pursuant to paragraph 4;
to modify the conditions for granting the support;
to cease granting the support under this Chapter.
Member States shall notify the Commission of any decision relating to the first, second and third subparagraphs of this paragraph by the respective dates referred to in those subparagraphs. The notification of the decision relating to a review pursuant to the second subparagraph of this paragraph shall explain the link between the review and the decision on flexibility between pillars for calendar year 2020 taken in accordance with Article 14.
Article 54
Notification
Article 55
Approval by the Commission
The Commission shall adopt implementing acts, without applying the procedure referred to in Article 71(2) or (3), approving the decision referred to in Article 53(4), or, where appropriate, in point (a) of Article 53(6), where one of the following needs in the sector or region concerned is demonstrated:
the need to sustain a certain level of specific production due to the lack of alternatives, and to reduce the risk of production abandonment with the resulting social and/or environmental problems;
the need to provide stable supply to the local processing industry, thereby avoiding the negative social and economic consequence of any ensuing restructuring;
the need to compensate disadvantages affecting farmers in a particular sector which are the consequence of continuing disturbances on the related market;
the need to intervene where the existence of any other support available under this Regulation, Regulation (EU) No 1305/2013 or any approved State aid scheme is deemed to be insufficient to meet the needs referred to in points (a), (b) and (c) of this paragraph.
CHAPTER 2
Crop-specific payment for cotton
Article 56
Scope
Aid shall be granted to farmers producing cotton falling within CN code 5201 00 under the conditions laid down in this Chapter ("crop-specific payment for cotton").
Article 57
Eligibility
The crop-specific payment for cotton shall be paid for cotton of sound, fair and marketable quality.
Article 58
Base areas, fixed yields and reference amounts
The following national base areas are established:
The following fixed yields in the reference period are established:
The amount of the crop-specific payment for cotton per hectare of eligible area shall be calculated for 2020 by multiplying the yields established in paragraph 2 with the following reference amounts:
The amount of the crop-specific payment for cotton per hectare of eligible area shall be calculated for 2021 and 2022 by multiplying the yields established in paragraph 2 with the following reference amounts:
Article 59
Approved interbranch organisations
For the purpose of this Chapter, an 'approved interbranch organisation' means a legal entity made up of farmers producing cotton and at least one ginner, carrying out activities such as:
helping to better coordinate the way cotton is placed on the market, particularly through research studies and market surveys;
drawing up standard forms of contract compatible with Union rules;
orienting production towards products that are better adapted to market needs and consumer demand, particularly in terms of quality and consumer protection;
updating methods and means to improve product quality;
developing marketing strategies to promote cotton via quality certification schemes.
In order to ensure the efficient application of the crop-specific payment for cotton, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 laying down:
criteria for the approval of interbranch organisations;
obligations for producers;
rules governing the situation where the approved interbranch organisation does not satisfy the criteria referred to in point (a).
Article 60
Granting of the payment
TITLE V
SMALL FARMERS SCHEME
Article 61
General rules
Farmers who, in 2015, hold owned or leased-in payment entitlements or, in Member States applying Article 36, claim for the single area payment scheme, and fulfil the minimum requirements provided for in Article 10(1) may opt to participate in the small farmers scheme.
The first subparagraph shall not apply where a Member State opts for the payment method laid down in point (a) of the first subparagraph of Article 63(2). In that case, the payment shall be subject to the respective conditions laid down in Titles III and IV, without prejudice to paragraph 3 of this Article.
Article 62
Participation
Farmers who have not applied to participate in the small farmers scheme on the date fixed by the Member State, who decide to withdraw from it after that date or who have been selected for support under point (c) of Article 19(1) of Regulation (EU) No 1305/2013 shall no longer be entitled to participate in that scheme.
Article 63
Amount of the payment
Member States shall set the amount of the annual payment for each farmer participating in the small farmers scheme at one of the following levels:
an amount not exceeding 25 % of the national average payment per beneficiary, which shall be established by the Member States on the basis of the national ceiling set out in Annex II for calendar year 2019 and the number of farmers who have declared eligible hectares, pursuant to Article 33(1) or Article 36(2), in 2015;
an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to a number of hectares not exceeding five, to be set by the Member States. The national average payment per hectare shall be established by the Member States on the basis of the national ceiling set out in Annex II for calendar year 2019 and the number of eligible hectares declared in accordance with Article 33(1) or Article 36(2) in 2015.
The amount referred to in points (a) or (b) of the first subparagraph shall not be lower than EUR 500 and shall not be higher than EUR 1 250 .
Where the application of points (a) and (b) of the first subparagraph results in an amount lower than EUR 500 or higher than EUR 1 250 , the amount shall be rounded up or down, respectively, to that minimum or maximum amount.
By way of derogation from paragraph 1, a Member State may decide to grant participating farmers:
an amount equal to the total value of the direct payments to be allocated ◄ to the farmer each year under Titles III and IV; or
an amount equal to the total value of the direct payments to be allocated ◄ to the farmer in 2015 under Titles III and IV, that the Member State may adjust in subsequent years to proportionately take into account the changes in the national ceiling set out in Annex II.
The amount referred to in point (a) or (b) of the first subparagraph shall not be higher than an amount fixed by that Member State which shall be between EUR 500 and EUR 1 250 .
Where the application of point (a) or (b) of the first subparagraph results in an amount lower than EUR 500, the Member State concerned may decide to round up this amount to EUR 500.
Article 64
Special conditions
During the participation in the small farmers scheme, farmers shall:
keep at least a number of eligible hectares corresponding to the number of owned or leased-in payment entitlements held, or to the number of eligible hectares declared in 2015 in accordance with Article 36(2);
fulfil the minimum requirement provided for in point (b) of Article 10(1).
The owned or leased-in payment entitlements held by the farmer during the participation in that scheme shall not be considered to be unused payment entitlements which are to revert to the national reserve or regional reserves in accordance with point (b) of Article 31(1).
In Member States applying Article 36, the eligible hectares declared in 2015 in accordance with Article 36(2) by a farmer participating in the small farmers scheme shall be considered to be declared for the duration of the participation of the farmer in that scheme.
Farmers who, by way of inheritance or anticipated inheritance, receive payment entitlements from a farmer participating in the small farmers scheme shall be eligible to participate in that scheme provided that they meet the requirements to benefit from the basic payment scheme and that they inherit all the payment entitlements held by the farmer from whom they receive the payment entitlements.
Article 65
Financial provisions
In order to finance the payment referred to in this Title, Member States shall deduct from the total amounts available for the respective payments the amounts to which the small farmers would be entitled:
under the basic payment scheme or the single area payment scheme referred to in Chapter 1 of Title III;
as a redistributive payment referred to in Chapter 2 of Title III;
as a payment for agricultural practices beneficial for the climate and the environment referred to in Chapter 3 of Title III;
as a payment for areas with natural constraints referred to in Chapter 4 of Title III;
as a payment for young farmers referred to in Chapter 5 of Title III; and
as coupled support referred to in Title IV.
In the case of Member States having opted to calculate the amount of the payment pursuant to point (a) of the first subparagraph of Article 63(2), where the sum of those amounts for an individual farmer exceeds the maximum amount that they have fixed, each amount shall be proportionately reduced.
The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with paragraph 1 shall be financed in one or more of the following ways:
by applying Article 30(7) in the relevant year;
by using the funds for financing the payment for young farmers laid down in Chapter 5 of Title III which are left unused in the relevant year;
by applying a linear reduction to all payments to be granted in accordance with Articles 32 or 36.
The same exception applies for Member States which have set the amount of the payment in accordance with point (b) of the first subparagraph of Article 63(2) without applying the third subparagraph of Article 63(2), whose national ceiling set out in Annex II for year 2019 is higher than for year 2015 and which apply the calculation method set out in Article 25(1) or in Article 36(2).
TITLE VI
NATIONAL RESTRUCTURING PROGRAMMES FOR THE COTTON SECTOR
Article 66
Use of the annual budget for the restructuring programmes
TITLE VII
FINAL PROVISIONS
CHAPTER 1
Notifications and emergency
Article 67
Notification requirements
Where appropriate, the information obtained may be transmitted or be made available to international organisations and the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets.
In order to make notifications referred to in paragraph 1 fast, efficient, accurate and cost-effective, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 laying down further rules on:
the nature and type of the information to be notified;
the categories of data to be processed and maximum retention periods;
access rights to the information or information systems made available;
the conditions of publication of the information.
The Commission shall adopt implementing acts laying down:
the methods of notification;
rules on providing the information necessary for the application of this Article;
arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;
arrangements for transmitting, or making information and documents available, to the Member States, international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of farmers and undertakings in the protection of their business secrets.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 71(2).
Article 68
Processing and protection of personal data
Article 69
Measures to resolve specific problems
CHAPTER 2
Delegations of powers and implementing provisions
Article 70
Exercise of the delegation
Article 71
Committee procedure
In the case of acts referred to in Article 24(11), Article 31(2) and Article 67(3), where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
CHAPTER 3
Transitional and final provisions
Article 72
Repeals
However, it shall continue to apply until 31 December 2017 in respect of Member States which have exercised the option laid down in the second subparagraph of Article 4(1) of that Regulation.
However, it shall continue to apply in respect of aid applications relating to claim years starting before 1 January 2015.
Without prejudice to paragraph 3, references to the repealed Regulation shall be construed as references to this Regulation or Regulation (EU) No 1306/2013 and shall be read in accordance with the correlation table set out in Annex XI to this Regulation.
Article 73
Transitional rules
In order to ensure a smooth transition from the arrangements provided for in Regulation (EC) No 73/2009 to those laid down in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 70 concerning the necessary measures to protect any acquired rights and legitimate expectations of farmers.
Article 74
Entry into force and application
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2015.
However, Article 8, Article 9(6), Article 11(6), Article 14, Article 16, Article 21(2) and (3), Article 22(2), the first subparagraph of Article 23(1), Article 23(6), Article 24(10), Article 29, the first subparagraph of Article 36(1), Article 41(1), Article 42(1), Article 43(8) and (13), the fifth subparagraph of Article 45(2), Article 46(2) and (8), Article 49(1), Article 51(1), Article 53, Article 54, Article 66(1), Articles 67 and 70 and Article 72(1) shall apply from the date of entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of support schemes
|
Sector |
Legal base |
Notes |
|
Basic payment scheme |
Title III, Chapter 1, Sections 1, 2, 3 and 5 of this Regulation |
Decoupled payment |
|
Single area payment scheme |
Article 36 of this Regulation |
Decoupled payment |
|
Redistributive payment |
Title III, Chapter 2 of this Regulation |
Decoupled payment |
|
Payment for agricultural practices beneficial for the climate and the environment |
Title III, Chapter 3 of this Regulation |
Decoupled payment |
|
Payment for areas with natural constraints |
Title III, Chapter 4 of this Regulation |
Decoupled payment |
|
Payment for young farmers |
Title III, Chapter 5 of this Regulation |
Decoupled payment |
|
Voluntary coupled support |
Title IV, Chapter 1 of this Regulation |
|
|
Crop-specific payment for cotton |
Title IV, Chapter 2 of this Regulation |
Area payment |
|
Small farmers scheme |
Title V of this Regulation |
Decoupled payment |
|
Posei |
Chapter IV of Regulation (EU) No 228/2013 |
Direct payments under measures established in the programmes |
|
Aegean islands |
Chapter IV of Regulation (EU) No 229/2013 |
Direct payments under measures established in the programmes |
ANNEX II
National ceilings referred to in Article 6
|
(in thousands EUR) |
||||||||
|
Calendar year |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
►M17 2021 ◄ |
►M18 2022 ◄ |
|
Belgium |
523 658 |
509 773 |
502 095 |
488 964 |
481 857 |
►M15 505 266 ◄ |
►M17 494 926 ◄ |
►M18 471 996 ◄ |
|
Bulgaria |
721 251 |
792 449 |
793 226 |
794 759 |
796 292 |
►M15 866 720 ◄ |
►M17 788 626 ◄ |
►M18 797 255 ◄ |
|
Czech Republic |
844 854 |
844 041 |
843 200 |
861 708 |
861 698 |
►M14 872 809 ◄ |
►M17 848 107 ◄ |
►M18 848 107 ◄ |
|
Denmark |
870 751 |
852 682 |
834 791 |
826 774 |
818 757 |
►M14 818 757 ◄ |
IDREF="C008001M027000" ACTION="INSERTED" LEVEL="TEXT" COMMAND="EXPLICIT" ACTIVE.DOC="32020R2220" ACTIVE.LOC="AR:9;PT:18 .AND. AX:III;PT:1" MOD.LEVEL="1" PASSIVE.LOC="AX:II"?> ►M17 802 001 ◄ |
►M18 783 029 ◄ |
|
Germany |
4 912 772 |
4 880 476 |
4 848 079 |
4 820 322 |
4 792 567 |
►M14 4 717 291 ◄ |
►M17 4 620 753 ◄ |
►M18 4 522 439 ◄ |
|
Estonia |
114 378 |
114 562 |
123 704 |
133 935 |
143 966 |
►M14 169 366 ◄ |
►M17 190 715 ◄ |
►M18 193 576 ◄ |
|
Ireland |
1 215 003 |
1 213 470 |
1 211 899 |
1 211 482 |
1 211 066 |
►M14 1 211 066 ◄ |
►M17 1 186 282 ◄ |
►M18 1 186 282 ◄ |
|
Greece |
1 921 966 |
1 899 160 |
1 876 329 |
1 855 473 |
1 834 618 |
►M14 1 834 618 ◄ |
►M17 1 797 077 ◄ |
►M18 1 796 193 ◄ |
|
Spain |
4 842 658 |
4 851 682 |
4 866 665 |
4 880 049 |
4 893 433 |
►M14 4 893 433 ◄ |
►M17 4 800 590 ◄ |
►M18 4 797 439 ◄ |
|
France |
7 302 140 |
7 270 670 |
7 239 017 |
6 900 842 |
6 877 179 |
►M14 6 877 179 ◄ |
►M17 6 736 440 ◄ |
►M18 6 726 426 ◄ |
|
Croatia (*1) |
183 735 |
202 865 |
241 125 |
279 385 |
317 645 |
►M15 348 281 ◄ |
►M17 364 968 ◄ |
►M18 403 228 ◄ |
|
Italy |
3 902 039 |
3 850 805 |
3 799 540 |
3 751 937 |
3 704 337 |
►M14 3 704 337 ◄ |
►M17 3 628 529 ◄ |
►M18 3 628 529 ◄ |
|
Cyprus |
50 784 |
50 225 |
49 666 |
49 155 |
48 643 |
►M14 48 643 ◄ |
►M17 47 648 ◄ |
►M18 47 648 ◄ |
|
Latvia |
181 044 |
205 764 |
230 431 |
255 292 |
280 154 |
►M14 302 754 ◄ |
►M17 314 055 ◄ |
►M18 319 140 ◄ |
|
Lithuania |
417 890 |
442 510 |
467 070 |
475 319 |
483 680 |
►M14 517 028 ◄ |
►M17 569 965 ◄ |
►M18 578 515 ◄ |
|
Luxembourg |
33 604 |
33 546 |
33 487 |
33 460 |
33 432 |
►M15 35 276 ◄ |
►M17 33 432 ◄ |
►M18 33 432 ◄ |
|
Hungary |
1 345 746 |
1 344 461 |
1 343 134 |
1 343 010 |
1 342 867 |
►M14 1 331 588 ◄ |
►M17 1 305 715 ◄ |
►M18 1 305 715 ◄ |
|
Malta |
5 241 |
5 241 |
5 242 |
5 243 |
5 244 |
►M14 5 244 ◄ |
►M17 5 244 ◄ |
►M18 5 244 ◄ |
|
Netherlands |
749 315 |
736 840 |
724 362 |
682 616 |
670 870 |
►M14 660 870 ◄ |
►M17 661 382 ◄ |
►M18 609 775 ◄ |
|
Austria |
693 065 |
692 421 |
691 754 |
691 746 |
691 738 |
►M14 691 738 ◄ |
►M17 677 582 ◄ |
►M18 677 582 ◄ |
|
Poland |
3 378 604 |
3 395 300 |
3 411 854 |
3 431 236 |
3 450 512 |
►M14 3 390 991 ◄ |
►M17 3 360 049 ◄ |
►M18 3 391 233 ◄ |
|
Portugal |
565 816 |
573 954 |
582 057 |
590 706 |
599 355 |
►M15 684 355 ◄ |
►M17 680 873 ◄ |
►M18 685 528 ◄ |
|
Romania |
1 599 993 |
1 772 469 |
1 801 335 |
1 872 821 |
1 903 195 |
►M14 1 903 195 ◄ |
►M17 1 891 805 ◄ |
►M18 1 919 363 ◄ |
|
Slovenia |
137 987 |
136 997 |
136 003 |
135 141 |
134 278 |
►M14 134 278 ◄ |
►M17 131 530 ◄ |
►M18 131 530 ◄ |
|
Slovakia |
438 299 |
441 478 |
444 636 |
448 155 |
451 659 |
►M14 394 385 ◄ |
►M17 417 082 ◄ |
►M18 396 034 ◄ |
|
Finland |
523 333 |
523 422 |
523 493 |
524 062 |
524 631 |
►M14 524 631 ◄ |
►M17 515 713 ◄ |
►M18 517 532 ◄ |
|
Sweden |
696 890 |
697 295 |
697 678 |
698 723 |
699 768 |
►M14 699 768 ◄ |
►M17 685 676 ◄ |
►M18 685 904 ◄ |
|
United Kingdom |
3 173 324 |
3 179 880 |
3 186 319 |
3 195 781 |
3 205 243 |
►M14 - ◄ |
|
|
|
(*1)
For Croatia the national ceiling shall be EUR 344 340 000 for the 2021 calendar year and EUR 382 600 000 for the 2022 calendar year. |
||||||||
ANNEX III
Net ceilings referred to in Article 7
|
(in million EUR) |
||||||||
|
Calendar year |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
►M17 2021 ◄ |
►M18 2022 ◄ |
|
Belgium |
523,7 |
509,8 |
502,1 |
489,0 |
481,9 |
►M15 505,3 ◄ |
►M17 494,9 ◄ |
►M18 472,0 ◄ |
|
Bulgaria |
720,9 |
788,8 |
789,6 |
791,0 |
792,5 |
►M15 867,1 ◄ |
►M17 789,3 ◄ |
►M18 799,0 ◄ |
|
Czech Republic |
840,1 |
839,3 |
838,5 |
856,7 |
856,7 |
►M14 871,8 ◄ |
►M17 847,1 ◄ |
►M18 847,1 ◄ |
|
Denmark |
870,2 |
852,2 |
834,3 |
826,3 |
818,3 |
►M14 818,1 ◄ |
►M17 801,3 ◄ |
►M18 782,3 ◄ |
|
Germany |
4 912,8 |
4 880,5 |
4 848,1 |
4 820,3 |
4 792,6 |
►M14 4 717,3 ◄ |
►M17 4 620,8 ◄ |
►M18 4 522,4 ◄ |
|
Estonia |
114,4 |
114,5 |
123,7 |
133,9 |
143,9 |
►M14 169,4 ◄ |
►M17 190,7 ◄ |
►M18 193,6 ◄ |
|
Ireland |
1 214,8 |
1 213,3 |
1 211,8 |
1 211,4 |
1 211,0 |
►M14 1 211,1 ◄ |
►M17 1 186,3 ◄ |
►M18 1 186,3 ◄ |
|
Greece |
2 109,8 |
2 087,0 |
2 064,1 |
2 043,3 |
2 022,4 |
►M14 2 022,5 ◄ |
►M17 1 981,1 ◄ |
►M18 1 980,2 ◄ |
|
Spain |
4 902,3 |
4 911,3 |
4 926,3 |
4 939,7 |
4 953,1 |
►M14 4 953,8 ◄ |
►M17 4 859,1 ◄ |
►M18 4 856,0 ◄ |
|
France |
7 302,1 |
7 270,7 |
7 239,0 |
6 900,8 |
6 877,2 |
►M14 6 877,2 ◄ |
►M17 6 736,4 ◄ |
►M18 6 726,4 ◄ |
|
Croatia (*1) |
183,7 |
202,9 |
241,1 |
279,4 |
317,6 |
►M15 348,3 ◄ |
►M17 365,0 ◄ |
►M18 403,2 ◄ |
|
Italy |
3 897,1 |
3 847,3 |
3 797,2 |
3 750,0 |
3 702,4 |
►M14 3 698,3 ◄ |
►M17 3 622,5 ◄ |
►M18 3 623,1 ◄ |
|
Cyprus |
50,8 |
50,2 |
49,7 |
49,1 |
48,6 |
►M14 48,6 ◄ |
►M17 47,6 ◄ |
►M18 47,6 ◄ |
|
Latvia |
181,0 |
205,7 |
230,3 |
255,0 |
279,8 |
►M14 302,5 ◄ |
►M17 313,8 ◄ |
►M18 318,9 ◄ |
|
Lithuania |
417,9 |
442,5 |
467,1 |
475,3 |
483,3 |
►M14 517,0 ◄ |
►M17 570,0 ◄ |
►M18 578,5 ◄ |
|
Luxembourg |
33,6 |
33,5 |
33,5 |
33,5 |
33,4 |
►M15 35,3 ◄ |
►M17 33,4 ◄ |
►M18 33,4 ◄ |
|
Hungary |
1 276,7 |
1 275,5 |
1 274,1 |
1 274,0 |
1 273,9 |
►M14 1 301,4 ◄ |
►M17 1 275,5 ◄ |
►M18 1 275,5 ◄ |
|
Malta |
5,2 |
5,2 |
5,2 |
5,2 |
5,2 |
►M14 5,2 ◄ |
►M17 5,2 ◄ |
►M18 5,2 ◄ |
|
Netherlands |
749,2 |
736,8 |
724,3 |
682,5 |
670,8 |
►M14 660,8 ◄ |
►M17 661,3 ◄ |
►M18 609,7 ◄ |
|
Austria |
693,1 |
692,4 |
691,8 |
691,7 |
691,7 |
►M14 691,7 ◄ |
►M17 677,6 ◄ |
►M18 677,6 ◄ |
|
Poland |
3 359,2 |
3 375,7 |
3 392,0 |
3 411,2 |
3 430,2 |
►M14 3 375,7 ◄ |
►M17 3 345,3 ◄ |
►M18 3 376,7 ◄ |
|
Portugal |
565,9 |
574,0 |
582,1 |
590,8 |
599,4 |
►M15 684,5 ◄ |
►M17 681,0 ◄ |
►M18 685,6 ◄ |
|
Romania |
1 600,0 |
1 772,5 |
1 801,3 |
1 872,8 |
1 903,2 |
►M14 1 903,2 ◄ |
►M17 1 891,8 ◄ |
►M18 1 919,4 ◄ |
|
Slovenia |
138,0 |
137,0 |
136,0 |
135,1 |
134,3 |
►M14 134,3 ◄ |
►M17 131,5 ◄ |
►M18 131,5 ◄ |
|
Slovakia |
435,5 |
438,6 |
441,8 |
445,2 |
448,7 |
►M14 392,6 ◄ |
►M17 415,3 ◄ |
►M18 394,5 ◄ |
|
Finland |
523,3 |
523,4 |
523,5 |
524,1 |
524,6 |
►M14 524,6 ◄ |
►M17 515,7 ◄ |
►M18 517,5 ◄ |
|
Sweden |
696,8 |
697,2 |
697,6 |
698,7 |
699,7 |
►M14 699,8 ◄ |
►M17 685,7 ◄ |
►M18 685,9 ◄ |
|
United Kingdom |
3 170,7 |
3 177,3 |
3 183,6 |
3 192,2 |
3 201,4 |
►M14 - ◄ |
|
|
|
(*1)
For Croatia, the net ceiling shall be EUR 344 340 000 for the 2021 calendar year and EUR 382 600 000 for the 2022 calendar year. |
||||||||
ANNEX IV
Limits for the adjustment for the thresholds, referred to in Article 10(2)
|
Member State |
Limit for the EUR threshold (Article 10(1)(a)) |
Limit for the hectare threshold (Article 10(1)(b)) |
|
Belgium |
400 |
2 |
|
Bulgaria |
200 |
0,5 |
|
Czech Republic |
200 |
5 |
|
Denmark |
300 |
5 |
|
Germany |
300 |
4 |
|
Estonia |
100 |
3 |
|
Ireland |
200 |
3 |
|
Greece |
400 |
0,4 |
|
Spain |
300 |
2 |
|
France |
300 |
4 |
|
Croatia |
100 |
1 |
|
Italy |
400 |
0,5 |
|
Cyprus |
300 |
0,3 |
|
Latvia |
100 |
1 |
|
Lithuania |
100 |
1 |
|
Luxemburg |
300 |
4 |
|
Hungary |
200 |
0,3 |
|
Malta |
500 |
0,1 |
|
Netherlands |
500 |
2 |
|
Austria |
200 |
2 |
|
Poland |
200 |
0,5 |
|
Portugal |
200 |
0,3 |
|
Romania |
200 |
0,3 |
|
Slovenia |
300 |
0,3 |
|
Slovakia |
200 |
2 |
|
Finland |
200 |
3 |
|
Sweden |
200 |
4 |
|
United Kingdom |
200 |
5 |
ANNEX V
Financial provisions applying to Bulgaria and Romania referred to in Articles 10, 16 and 18
A. Amounts for applying point (a) of Article 10(1) and for calculating the national ceilings for payments referred to in Article 16 in 2015:
|
Bulgaria |
: |
EUR 790 909 000 |
|
Romania |
: |
EUR 1 783 426 000 |
B. Total amount of complementary national direct payments to the basic payment scheme referred to in Article 18(1) in 2015:
|
Bulgaria |
: |
EUR 69 657 000 |
|
Romania |
: |
EUR 153 536 000 |
C. Total amount of complementary national direct payments to the crop-specific payment for cotton referred to in Article 18(2) in 2015:
|
Bulgaria |
: |
EUR 258 952 |
ANNEX VI
Financial provisions applying to Croatia referred to in Articles 10 and 19
Amount for applying Article 10(1)(a):
EUR 382 600 000
Total amounts of complementary national direct payments referred to in Article 19(3):
|
(in thousand EUR) |
||||||
|
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
|
248 690 |
229 560 |
191 300 |
153 040 |
114 780 |
76 520 |
38 260 |
ANNEX VIa
MAXIMUM AMOUNTS REFERRED TO IN ARTICLE 14(2)
|
(EUR) |
|
|
Belgium |
10 076 707 |
|
Bulgaria |
70 427 849 |
|
Czechia |
38 815 980 |
|
Denmark |
11 371 893 |
|
Germany |
148 488 749 |
|
Estonia |
21 968 972 |
|
Ireland |
39 700 643 |
|
Greece |
76 438 741 |
|
Spain |
250 300 720 |
|
France |
181 388 880 |
|
Croatia |
42 201 225 |
|
Italy |
190 546 556 |
|
Cyprus |
2 398 093 |
|
Latvia |
29 326 817 |
|
Lithuania |
48 795 629 |
|
Luxembourg |
1 843 643 |
|
Hungary |
62 430 371 |
|
Malta |
1 831 098 |
|
Netherlands |
10 972 679 |
|
Austria |
72 070 055 |
|
Poland |
329 472 633 |
|
Portugal |
123 303 715 |
|
Romania |
241 375 835 |
|
Slovenia |
15 337 318 |
|
Slovakia |
56 920 680 |
|
Finland |
73 005 307 |
|
Sweden |
52 887 719 |
ANNEX VII
Maximum amounts to be added to the amounts set out in Annex II in accordance with Article 20(2)
|
(in thousands EUR) |
|||||||
|
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
3 360 |
3 840 |
4 800 |
5 760 |
6 720 |
7 680 |
8 640 |
9 600 |
ANNEX VIII
Average size of agricultural holding referred to in Article 41(4)
|
Member State |
Average size of agricultural holding (in hectares) |
|
Belgium |
29 |
|
Bulgaria |
6 |
|
Czech Republic |
89 |
|
Denmark |
60 |
|
Germany |
46 |
|
Estonia |
39 |
|
Ireland |
32 |
|
Greece |
5 |
|
Spain |
24 |
|
France |
52 |
|
Croatia |
5,9 |
|
Italy |
8 |
|
Cyprus |
4 |
|
Latvia |
16 |
|
Lithuania |
12 |
|
Luxemburg |
57 |
|
Hungary |
7 |
|
Malta |
1 |
|
Netherlands |
25 |
|
Austria |
19 |
|
Poland |
6 |
|
Portugal |
13 |
|
Romania |
3 |
|
Slovenia |
6 |
|
Slovakia |
28 |
|
Finland |
34 |
|
Sweden |
43 |
|
United Kingdom |
54 |
ANNEX IX
List of equivalent practices referred to in Article 43(3)
Practices equivalent to crop diversification:
Crop diversification
Requirement: at least three crops, the main crop covering a maximum of 75 %, and any one or more of the following applying:
Crop rotation
Requirement: at least three crops, the main crop covering a maximum of 75 %, and any one or both of the following applying:
Winter soil cover ( *1 )
Catch crops (*1)
Practices equivalent to maintenance of permanent grassland:
Management of meadows or pastures
Requirement: maintenance of permanent grassland and any one or more of the following:
Extensive grazing systems
Requirement: maintenance of permanent grassland and any one or more of the following:
Practices equivalent with ecological focus area:
Requirement: application of any of the following practices on at least the percentage of the arable land set pursuant to Article 46(1):
Ecological set-aside
Creation of "buffer zones" for high nature value areas, Natura 2000 or other biodiversity protection sites, including along hedgerows and water courses
Management of uncultivated buffer strips and field margins (cutting regime, local or specified grass varieties and/or seeding regime, re-seeding with regional varieties, no use of pesticides, no disposal of manure and/or mineral fertilisers, no irrigation, no soil sealing)
Borders, in-field strips and patches managed for wildlife or specific fauna (herbaceous border, protection of nests, wildflower strips, local seed mix, unharvested crops)
Management (pruning, trimming, dates, methods, restoration) of landscape features (trees, hedgerows, riparian woody vegetation, stone walls (terraces), ditches, ponds)
Keeping arable peaty or wet soils under grass (with no use of fertilisers and no use of plant protection products)
Production on arable land with no use of fertiliser (mineral fertiliser and manure) and/or plant protection products, and not irrigated, not sown with the same crop two years in a row and on a fixed place (*1)
Conversion of arable land into permanent grassland extensively used
ANNEX X
Conversion and weighting factors referred to in Article 46(3)
|
Features |
Conversion factor (m/tree to m2) |
Weighting factor |
Ecological focus area (if both factors are applied) |
||
|
Land lying fallow (per 1 m2) |
n.a. |
1 |
1 m2 |
||
|
Terraces (per 1 m) |
2 |
1 |
2 m2 |
||
|
Landscape features: |
|
|
|
||
|
|
Hedges/wooded strips/trees in line (per 1 m) |
5 |
2 |
10 m2 |
|
|
|
Isolated tree (per tree) |
20 |
1,5 |
30 m2 |
|
|
|
Field copses (per 1 m2) |
n.a. |
1,5 |
1,5 m2 |
|
|
|
Ponds (per 1 m2) |
n.a. |
1,5 |
1,5 m2 |
|
|
|
Ditches (per 1 m) |
5 |
2 |
10 m2 |
|
|
|
Traditional stone walls (per 1 m) |
1 |
1 |
1 m2 |
|
|
|
Other features not listed above but protected under GAEC7, SMR 2 or SMR 3 (per 1 m2) |
n.a. |
1 |
1 m2 |
|
|
Buffer strips and field margins (per 1 m) |
6 |
1,5 |
9 m2 |
||
|
Hectares of agro-forestry (per 1 m2) |
n.a. |
1 |
1 m2 |
||
|
Strips of eligible hectares along forest edges (per 1 m) |
|
|
|
||
|
|
Without production |
6 |
1,5 |
9 m2 |
|
|
With production |
6 |
0,3 |
1,8 m2 |
||
|
Areas with short rotation coppice (per 1 m2) |
n.a. |
0,5 |
0,5 m2 |
||
|
Afforested areas as referred to in Article 32(2)(b)(ii) (per 1 m2) |
n.a. |
1 |
1 m2 |
||
|
Areas with catch crops or green cover (per 1 m2) |
n.a. |
0,3 |
0,3 m2 |
||
|
Areas with nitrogen fixing crops (per 1 m2) |
n.a. |
1 |
1 m2 |
||
|
Areas with Miscanthus |
n.a. |
0,7 |
0,7 m2 |
||
|
Areas with Silphium perfoliatum |
n.a. |
0,7 |
0,7 m2 |
||
|
Land lying fallow for melliferous plants (pollen and nectar rich species) |
n.a. |
1,5 |
1,5 m2 |
||
Conversion and weighting factors referred to in Article 46(3) to be applied to features included in the equivalent practices as listed in Section III of Annex IX
|
Equivalent ecological focus area |
Similar standard ecological focus area |
Conversion factor |
Weighting factor |
Ecological focus area (if both factors are applied) |
|
(1) Ecological set-aside (per 1 m2) |
Land lying fallow |
n.a. |
1 |
1 m2 |
|
(2) Creation of ‘buffer zones’ (per 1 m) |
Buffer strips and field margins |
6 |
1,5 |
9 m2 |
|
(3) Management of uncultivated buffer strips and field margins (per 1 m) |
Buffer strips and field margins |
6 |
1,5 |
9 m2 |
|
(4) Borders, in-field strips and patches: |
|
|
|
|
|
Borders, in-field strips (per 1 m) |
Buffer strips and field margins |
6 |
1,5 |
9 m2 |
|
Patches (per 1 m2) |
Field copses |
n.a. |
1,5 |
1,5 m2 |
|
(5) Management of landscape features: |
|
|
|
|
|
Isolated tree (per tree) |
Isolated tree |
20 |
1,5 |
30 m2 |
|
Trees in line (per 1 m) |
Hedges/wooded strips/trees in line |
5 |
2 |
10 m2 |
|
Group of trees/Field copses (per 1 m2) |
Field copses |
n.a. |
1,5 |
1,5 m2 |
|
Hedgerows (per 1m) |
Hedges/wooded strips/trees in line |
5 |
2 |
10 m2 |
|
Riparian woody vegetation (per 1m) |
Hedges/wooded strips/trees in line |
5 |
2 |
10 m2 |
|
Terraces (per 1m) |
Terraces |
2 |
1 |
2 m2 |
|
Stone walls (per 1m) |
Traditional stone walls |
1 |
1 |
1 m2 |
|
Ditches (per 1m) |
Ditches |
5 |
2 |
10 m2 |
|
Ponds (per 1 m2) |
Ponds |
n.a. |
1,5 |
1,5 m2 |
|
(6) Keeping arable peaty or wet soils under grass (no use of fertilisers and no use of plant protection products) (per 1 m2) |
Land lying fallow |
n.a. |
1 |
1 m2 |
|
(7) Production on arable land with no use of fertiliser and/or plant protection products, and not irrigated, not sown with the same crop two years in a row (per 1 m2) |
Areas with short rotation coppice; Strips along forest edges with production; Areas with nitrogen-fixing crops |
n.a. |
0,3 0,7 for nitrogen-fixing crops |
0,3 m2 0,7 m2 |
|
(8) Conversion of arable land into permanent grassland (per 1 m2) |
Land lying fallow |
n.a. |
1 |
1 m2 |
ANNEX XI
Correlation table
referred to in Article 72(2)
|
Regulation (EC) No 73/2009 |
This Regulation |
Regulation (EU) No 1306/2013 |
|
Article 1 |
Article 1 |
— |
|
Article 2 |
Article 4 |
— |
|
Article 3 |
Article 5 |
— |
|
Article 4(1) |
— |
Article 91 |
|
Article 4(2) |
— |
Article 95 |
|
Article 5 |
— |
Article 93 |
|
Article 6(1) |
— |
Article 94 |
|
Article 6(2) |
— |
— |
|
Article 7 |
— |
— |
|
Article 8 |
Article 7 |
— |
|
Article 9 |
— |
— |
|
Article 10 |
— |
— |
|
Article 10a |
— |
— |
|
Article 10b |
— |
— |
|
Article 10c |
— |
— |
|
Article 10d |
— |
— |
|
Article 11 |
Article 8 |
Article 26(1) and (2) |
|
Article 11(3) |
Article 8(2) |
— |
|
Article 11a |
Article 8(3) |
— |
|
Article 12(1) and (2) |
— |
Article 12 |
|
Article 12(3) |
— |
Article 14 |
|
Article 12(4) |
— |
— |
|
Article 13 |
— |
Article 13(2) |
|
Article 14 |
— |
Article 67 |
|
Article 15 |
— |
Article 68(1) and (2) |
|
Article 16 |
— |
Article 69 |
|
Article 17 |
— |
Article 70 |
|
Article 18 |
— |
Article 71 |
|
Article 19 |
— |
Article 72 |
|
Article 20 |
— |
Article 74(1), (2) and (3) |
|
Article 21 |
— |
Article 74(4) |
|
Article 22 |
— |
Article 96 |
|
Article 23 |
— |
Article 97 |
|
Article 24 |
— |
Article 99 |
|
Article 25 |
— |
Article 100 |
|
Article 26 |
— |
Article 61 |
|
Article 27(1) |
— |
Article 102(3) |
|
Article 27(2) |
— |
Article 47 |
|
Article 27(3) |
— |
Article 68(3) |
|
Article 28(1) |
Article 10 |
— |
|
Article 28(2) |
Article 9(3) |
— |
|
Article 28(3) |
Article 31(1)(a) (i) and (ii) |
— |
|
Article 29 |
— |
Article 75 |
|
Article 30 |
— |
Article 60 |
|
Article 31 |
— |
Article 2(2) |
|
Article 32 |
Article 15 |
— |
|
Article 33 |
— |
— |
|
Article 34 (2) |
Article 32(2) and (4) |
— |
|
Article 35 |
Article 33 |
— |
|
Article 36 |
— |
— |
|
Article 37 |
Article 12 |
— |
|
Article 38 |
— |
— |
|
Article 39(1) |
Article 32(6) |
— |
|
Article 39(2) |
Article 35(3) |
— |
|
Article 40(1) |
Article 6(1) |
— |
|
Article 41(1) |
Article 30(1) |
— |
|
Article 41(2) |
Article 30(3) and (6) |
— |
|
Article 41(3) |
Article 30(3) and (7)(a) |
— |
|
Article 41(4) |
— |
— |
|
Article 41(5) |
Article 30(10) |
— |
|
Article 41(6) |
— |
— |
|
Article 42 |
Article 31(1)(b) |
— |
|
Article 43(1) |
Article 34(1), (2) and (3) |
— |
|
Article 43(2) |
— |
|
|
Article 43(3) |
Article 34(4) |
— |
|
Article 44 |
— |
— |
|
Article 45 |
— |
— |
|
Article 46 |
— |
— |
|
Article 47 |
— |
— |
|
Article 48 |
— |
— |
|
Article 49 |
— |
— |
|
Article 50 |
— |
— |
|
Article 51 |
— |
— |
|
Article 52 |
— |
— |
|
Article 53 |
— |
— |
|
Article 54 |
— |
— |
|
Article 55 |
— |
— |
|
Article 56 |
— |
— |
|
Article 57 |
— |
— |
|
Article 57a |
Article 20 and Annex VII |
— |
|
Article 58 |
— |
— |
|
Article 59 |
— |
— |
|
Article 60 |
— |
— |
|
Article 61 |
— |
— |
|
Article 62 |
— |
— |
|
Article 63 |
— |
— |
|
Article 64 |
— |
— |
|
Article 65 |
— |
— |
|
Article 66 |
— |
— |
|
Article 67 |
— |
— |
|
Article 68 |
— |
— |
|
Article 69 |
— |
— |
|
Article 70 |
— |
— |
|
Article 71 |
— |
— |
|
Article 72 |
— |
— |
|
Article 73 |
— |
— |
|
Article 74 |
— |
— |
|
Article 75 |
— |
— |
|
Article 76 |
— |
— |
|
Article 77 |
— |
— |
|
Article 78 |
— |
— |
|
Article 79 |
— |
— |
|
Article 80 |
— |
— |
|
Article 81 |
— |
— |
|
Article 82 |
— |
— |
|
Article 83 |
— |
— |
|
Article 84 |
— |
— |
|
Article 85 |
— |
— |
|
Article 86 |
— |
— |
|
Article 87 |
— |
— |
|
Article 88 |
Article 56 |
— |
|
Article 89 |
Article 57 |
— |
|
Article 90 |
Article 58 |
— |
|
Article 91 |
Article 59 |
— |
|
Article 92 |
Article 60 |
— |
|
Article 93 |
— |
— |
|
Article 94 |
— |
— |
|
Article 95 |
— |
— |
|
Article 96 |
— |
— |
|
Article 97 |
— |
— |
|
Article 98 |
— |
— |
|
Article 99 |
— |
— |
|
Article 100 |
— |
— |
|
Article 101 |
— |
— |
|
Article 102 |
— |
— |
|
Article 103 |
— |
— |
|
Article 104 |
— |
— |
|
Article 105 |
— |
— |
|
Article 106 |
— |
— |
|
Article 107 |
— |
— |
|
Article 108 |
— |
— |
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Article 109 |
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Article 110 |
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Article 111 |
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Article 112 |
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Article 113 |
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Article 114 |
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Article 115 |
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Article 116 |
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Article 117 |
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Article 118 |
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Article 119 |
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Article 120 |
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Article 121 |
Articles 16 and 17 |
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Article 121a |
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Article 98, second subparagraph |
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Article 122 |
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Article 123 |
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Article 124(1) to (5), (7) and (8) |
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Article 124(6) |
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Article 98, first subparagraph |
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Article 125 |
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Article 126 |
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Article 127 |
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Article 128 |
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Article 129 |
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Article 130 |
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Article 131 |
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Article 132 |
Articles 18 and 19 |
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Article 133 |
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Article 133a |
Article 37 |
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Article 134 (deleted) |
— |
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Article 135 (deleted) |
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Article 136 |
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Article 137 |
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Article 138 |
Article 3 |
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Article 139 |
Article 13 |
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Article 140 |
Article 67 |
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Article 141 |
Article 71 |
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Article 142(a) to (q) and (s) |
Article 70 |
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Article 142(r) |
Article 69 |
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Article 143 |
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Article 144 |
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Article 145 |
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Article 146 |
Article 72 |
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Article 146a |
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Article 147 |
Article 73 |
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Article 148 |
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Article 149 |
Article 74 |
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Annex I |
Annex I |
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Annex II |
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Annex II |
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Annex III |
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Annex II |
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Annex IV |
Annex III |
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Annex V |
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Annex VI |
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Annex VII |
Annex IV |
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Annex VIII |
Annex II |
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Annex IX |
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Annex X |
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Annex XI |
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Annex XII |
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Annex XIII |
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Annex XIV |
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Annex XV |
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Annex XVI |
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Annex XVII |
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Annex XVIIa |
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( 1 ) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1601/96, (EC) No 1037/2001 and (EC) No 1234/2007 (See page 671 of this Official Journal).
( 2 ) Council Regulation (EU) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433, 22.12.2020, p. 11).
( 3 ) Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (OJ L 316, 2.12.2009, p. 65).
( *1 ) Practices subject to the calculation referred to in point (c) of Article 43(12)