HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 347/608
EN
Official Journal of the European Union
20.12.2013
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
No 73/2009 and to replace it with a new text. The
EUROPEAN UNION,
reform should also streamline and simplify the relevant
provisions.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 42 and Article 43(2) thereof,
(2)
One of the core objectives, and one of the key require
ments, of the CAP reform is the reduction of the admin
Having regard to the 1979 Act of Accession, and in particular
istrative burden. This should be taken firmly into account
paragraph 6 of Protocol No 4 on cotton attached thereto,
when shaping the relevant provisions for the direct
support scheme.
Having regard to the proposal from the European Commission,
(3)
All the basic elements pertaining to the payment of
Union support to farmers should be included in this
After transmission of the draft legislative act to the national
Regulation, which should also fix the conditions of
parliaments,
access to payments which are inextricably linked to
those basic elements.
Having regard to the opinion of the Court of Auditors ( 1 ),
(4) It
is
necessary
to
clarify
that
Regulation
(EU)
Having regard to the opinions of the European Economic and
No 1306/2013 of the European Parliament and of Coun
Social Committee ( 2 ),
cil ( 6 ) and the provisions adopted pursuant to it are to
apply in relation to the measures set out in this Regu
lation. For the sake of consistency with other legal
Having regard to the opinion of the Committee of the
instruments relating to the CAP, some rules currently
Regions ( 3 ),
provided for in Regulation (EC) No 73/2009 are now
laid down in Regulation (EU) No
1306/2013, in
particular the rules to guarantee compliance with the
Acting in accordance with the ordinary legislative procedure ( 4 ),
obligations laid down by direct payment provisions,
including checks and the application of administrative
Whereas:
measures and administrative penalties in the case of
non-compliance, the rules related to cross-compliance
such as the statutory management requirements, the
(1) The
Communication
from
the
Commission
to
the
good agricultural and environmental condition, the
European Parliament, the Council, the European
monitoring and evaluation of relevant measures and
Economic and Social Committee and the Committee of
the rules related to the payment of advances and the
the Regions entitled "The CAP towards 2020: Meeting
recovery of undue payments.
the food, natural resources and territorial challenges of
the future" set out potential challenges, objectives and
orientations for the Common Agricultural Policy ("the
(5) In
order
to
supplement
or
amend
certain
non-essential
CAP") after 2013. In the light of the debate on that
elements of this Regulation, the power to adopt acts in
Communication, the CAP should be reformed with
accordance with Article 290 of the Treaty on the Func
effect from 1 January 2014. That reform should cover
tioning of the European Union (TFEU) should be
all the main instruments of the CAP, including Council
delegated to the Commission. It is of particular
Regulation (EC) No 73/2009 ( 5 ). In view of the scope of
importance that the Commission carry out appropriate
the reform, it is appropriate to repeal Regulation (EC)
consultations during its preparatory work, including at
expert level. The Commission, when preparing and
( 1 ) Opinion of 8 March 2012 (not yet published in the Official Journal).
drawing-up delegated acts, should ensure a simultaneous,
( 2 ) OJ C 191, 29.6.2012, p. 116 and OJ C 44, 15.2.2013, p. 159.
timely and appropriate transmission of relevant
( 3 ) OJ C 225, 27.7.2012, p. 174.
documents to the European Parliament and to the
( 4 ) Position of the European Parliament of 20 November 2013 (not yet
Council.
published in the Official Journal).
( 5 ) Council Regulation (EC) No 73/2009 of 19 January 2009 estab
lishing common rules for direct support schemes for farmers
( 6 ) Regulation (EU) No 1306/2013 of the European Parliament and of
under the common agricultural policy and establishing certain
Council of 17 december 2013 on the financing, management and
support schemes for farmers, amending Regulations (EC)
monitoring of the common agricultural policy and repealing Council
No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and
Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98,
repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009,
(EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
p. 16).
(See page 549 of this Official Journal).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/609
(6) This
Regulation
should
contain
a
list
of
the
direct (10) Experience acquired in the application of the various
payment support schemes covered by it. In order to
support schemes for farmers has shown that support
take into account new legislation on support schemes
was in a number of cases granted to natural or legal
which may be adopted after the entry into force of this
persons whose business purpose was not, or was only
Regulation, the power to adopt certain acts should be
marginally targeted at an agricultural activity. To ensure
delegated to the Commission in respect of the
that support is better targeted, Member States should
amendment of that list.
refrain from granting direct payments to certain natural
and legal persons unless such persons can demonstrate
that their agricultural activity is not marginal. Member
States should also have the possibility of not granting
direct payments to other natural or legal persons
(7)
In order to ensure legal certainty, the power to adopt
whose agricultural activity is marginal. However,
certain acts should be delegated to the Commission in
Member States should be allowed to grant direct
respect of establishing the framework within which
payments to smaller part-time farmers, since those
Member States are to define the criteria to be met by
farmers contribute directly to the vitality of rural areas.
farmers in order to fulfil the obligation to maintain the
Member States should also refrain from granting direct
agricultural area in a state suitable for grazing or culti
payments to natural or legal persons whose agricultural
vation, and the minimum activities to be carried out on
areas are mainly areas naturally kept in a state suitable
areas naturally kept in a state suitable for grazing or
for grazing or cultivation and who do not carry out a
cultivation, as well as the criteria to determine the
certain minimum activity.
predominance of grasses and other herbaceous forage
and to determine the established local practices as
regards permanent grassland and permanent pasture
('permanent grassland').
(11) In order to guarantee the protection of the rights of
farmers, the power to adopt certain acts should be
delegated to the Commission in respect of laying down
(8) With a view to ensuring that the amounts for the
criteria for determining the cases where a farmer's agri
financing of the CAP comply with the annual ceilings
cultural area is to be considered to be mainly an area
referred to in Article 16(1) of Regulation (EU)
naturally kept in a state suitable for grazing or culti
No 1306/2013, an adjustment of the level of direct
vation, criteria to establish the distinction between
support in any calendar year should be made as
receipts resulting from agricultural and from non-agri
provided for under Article 25 of that Regulation. In
cultural activities and the amount of direct payments
order to ensure that it contributes to achieving the
relevant for applying the marginality test, and criteria
objective of a more balanced distribution of payments
to be met by farmers in order to prove that their agri
between small and large beneficiaries, the adjustment of
cultural activity is not marginal.
the direct payments should only be applied to payments
to be granted to farmers in excess of EUR 2 000 in the
corresponding calendar year. Taking into account the
levels of direct payments to farmers in Bulgaria, Croatia
and Romania in the framework of the application of the
phasing-in mechanism to all direct payments granted in
those Member States, this instrument of financial
(12) To avoid the excessive administrative burden caused by
discipline should only apply in Bulgaria and Romania
managing payments of small amounts, Member States
from 1 January 2016, and in Croatia from 1 January
should in general refrain from granting direct payments
2022. Specific rules should be laid down in respect of
where the amount would be lower than EUR 100, or
that instrument of financial discipline and of certain
where the eligible area of the holding for which
other provisions in the case of a legal person, or a
support is claimed would be less than one hectare.
group of natural or legal persons, where national law
However, as Member States' farming structures vary
provides for individual members' rights and obligations
considerably and may differ significantly from the
comparable to those of individual farmers who have the
average farming structure in the Union, Member States
status of a head of holding, in order to strengthen the
should be allowed to apply minimum thresholds that
agricultural structures and promote the establishment of
reflect their particular situation. Due to the very
the legal persons or groups concerned.
specific farming structure in the outermost regions and
the smaller Aegean Islands, Member States should be able
to decide whether any minimum threshold should apply
in those regions. Moreover, Member States should opt for
the implementation of one of the two types of minimum
(9) In
order
to
ensure
the
correct
application
of
the
threshold, taking account of the particularities of the
adjustment of direct payments with respect to financial
structures of their farming sectors. Since payment could
discipline, the power to adopt certain acts should be
be granted to farmers with so-called 'landless' holdings,
delegated to the Commission in respect of rules on the
the application of the hectare-based threshold would be
basis for calculation of reductions to be applied by
ineffective. The support-related minimum amount should
Member States to farmers pursuant to the application
therefore apply to such farmers. To ensure the equal
of the financial discipline.
treatment of farmers in Bulgaria, Croatia and Romania

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L 347/610
EN
Official Journal of the European Union
20.12.2013
whose direct payments are subject to phasing-in, the
the power to adopt certain acts should be delegated to
minimum threshold should, in those Member States, be
the Commission in respect of adapting the national and
based on the final amounts to be granted at the end of
net ceilings set out in this Regulation.
the phasing-in process.
(16) It
should
be
specified
that
those
provisions
of
this
Regu
(13) The
distribution
of
direct
income
support
among
farmers
lation which could give rise to behaviour of a Member
is characterised by the allocation of disproportionate
State capable of constituting State aid are excluded from
amounts of payments to a rather small number of
the application of the State aid rules, given that the
large beneficiaries. Larger beneficiaries, due to their
provisions concerned include appropriate conditions for
ability to exploit economies of size, do not require the
the granting of support, or envisage the adoption of such
same level of unitary support in order for the objective of
conditions by the Commission, in order to prevent any
income support to be efficiently achieved. Moreover, the
undue distortion of competition.
potential to adapt makes it easier for larger beneficiaries
to operate with lower levels of unitary support. Member
States should therefore reduce by at least 5 % the part of
the basic payment to be granted to farmers which
(17) With
a
view
to
strengthening
their
rural
development
exceeds EUR 150 000. To avoid disproportionate effects
policy, Member States should be given the possibility
on large farms with high employment numbers, Member
to transfer funds from their direct payments ceiling to
States may decide to take into account salaried labour
their support assigned for rural development. Member
intensity when applying the mechanism. In order to
States should also be given the possibility to transfer
make such reduction of the support level effective, no
funds from their support assigned for rural development
advantage should be granted to farmers who artificially
to their direct payments ceiling. To ensure the effec
create the conditions to avoid its effects. The proceeds of
tiveness of this tool, Member States should be given
the reduction of payments to large beneficiaries should
the possibility to review their initial decision once, with
remain in the Member States where they were generated
effect from claim year 2018, provided that any decision
and should be made available as Union support for
based on such review does not entail any decrease in the
measures financed under the European Agricultural
amounts assigned for rural development.
Fund for Rural Development (EAFRD).
(18) In order to achieve the objectives of the CAP, the support
(14) Net
ceilings
should
be
determined
for
each
Member
State
schemes may need to be adapted to changing devel
in order to limit the payments to be made to farmers
opments, if necessary within short time-limits. Therefore,
following the application of the reduction of payments.
it is necessary to provide for a possible review of the
To take into account the specific characteristics of CAP
support schemes, in particular in the light of economic
support granted in accordance with Regulation (EU)
developments or the budgetary situation, with the result
No 228/2013 of the European Parliament and of the
that beneficiaries cannot assume that support conditions
Council ( 1 ) and Regulation (EU) No 229/2013 of the
remain unchanged.
European Parliament and of the Council ( 2 ), and the
fact that these direct payments are not subject to
reduction of payments, the net ceiling for the Member
States concerned should not include those direct
(19) Farmers
in
Member
States
which
acceded
to
the
Union
payments.
on or after 1 May 2004 received direct payments
following a phasing-in mechanism provided for in the
respective Acts of Accession. For Bulgaria and
Romania, such mechanism will still be in force in
2015, and for Croatia, it will be in force until 2021.
(15) In
order
to
take
account
of
the
developments
relating
to
the total maximum amounts of direct payments that may
Furthermore, those Member States were allowed to
be granted, including those resulting from the decisions
grant complementary national direct payments. The
to be taken by the Member States regarding transfers
possibility for granting such payments should be main
between the first and second pillars and the application
tained for Croatia and, as a complement to the basic
of the reduction and, where applicable, capping of
payment scheme for Bulgaria and Romania, until they
payments, as well as those resulting from the notifi
are fully phased-in. As regards authorising Croatia to
cations to be made by Croatia regarding the de-mined
grant complementary national direct payments, the
land that has returned to use for agricultural activities,
Commission should be empowered to adopt imple
menting acts without applying Regulation (EU)
No 182/2011 of the European Parliament and of the
( 1 ) Regulation (EU) No 228/2013 of the European Parliament and of
Council ( 3 ).
the Council of 13 March 2013 laying down specific measures for
agriculture in the outermost regions of the Union and repealing
Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).
( 3 ) Regulation (EU) No 182/2011 of the European Parliament and of
( 2 ) Regulation (EU) No 229/2013 of the European Parliament and of
the Council of 16 February 2011 laying down the rules and general
the Council of 13 March 2013 laying down specific measures for
principles concerning mechanisms for control by Member States of
agriculture in favour of the smaller Aegean islands and repealing
the Commission's exercise of implementing powers (OJ L 55,
Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).
28.2.2011, p. 13).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/611
(20) Regulation
(EC)
No
73/2009,
as
amended
by
the
Act
of
support should be more equitably distributed between
Accession of 2011, provides for a special national de-
Member States, by reducing the link to historical
mining reserve for Croatia in order to finance, for a
references and having regard to the overall context of
period of ten years after its accession to the Union, the
the Union budget. To ensure a more equal distribution
allocation of payment entitlements to land which is de-
of direct support, while taking account of the differences
mined and returned to agricultural use every year. It is
that still exist in wage levels and input costs, the levels of
appropriate to set the rules for determining the amounts
direct support per hectare should be progressively
allotted to funding support for that land under the
adjusted. Member States that have direct payments
support schemes provided for in this Regulation and
below the level of 90 % of the Union average should
the rules for the management of that reserve. In order
close one third of the gap between their current level
to take account of the amounts resulting from the notifi
and this level, with all Member States arriving at a
cations to be made by Croatia regarding the de-mined
minimum level by financial year 2020. This convergence
land that has returned to use for agricultural activities,
should be financed proportionally by all Member States
the power to adopt certain acts should be delegated to
that have direct payment levels above the Union average
the Commission in respect of reviewing certain financial
level.
provisions applying to Croatia.
(23) In
addition,
as
a
general
rule,
all
payment
entitlements
(21) In
order
to
ensure
a
better
distribution
of
support
across
activated in 2019 in a Member State or in a region
agricultural land in the Union, including in those
should have a uniform unit value. However, in order to
Member States which applied the single area payment
avoid disruptive financial consequences for farmers,
scheme established under Regulation (EC) No 73/2009,
Member States should be allowed to take historical
a new basic payment scheme should replace the single
factors into account when calculating the value of
payment scheme established under Council Regulation
payment entitlements which farmers should have in
(EC) No 1782/2003 (
2019, provided that no payment entitlements in 2019

1 ), and continued under Regulation
(EC) No 73/2009, which combined previously existing
have a value lower than 60 % of the average. Member
support mechanisms in a single scheme of decoupled
States should finance this convergence by reducing, on
direct payments. Such a move should, in principle,
the basis of objective and non-discriminative criteria
result in the expiry of payment entitlements obtained
which they are to establish, the value of payment
under those Regulations and the allocation of new
entitlements that exceeds the 2019 average. In this
ones. That allocation of new payment entitlements
context and in order to avoid unacceptably disruptive
should be based, as a general rule, on the number of
losses for certain farmers, Member States may limit this
eligible hectares at the disposal of farmers in the first
reduction to 30 % of the initial value of the concerned
year of implementation of the scheme. However,
entitlements, even if such a limitation does not allow for
Member States which currently operate the single
all payment entitlements to reach 60 % of the average
payment scheme on a regional or regional hybrid basis
value for 2019. Except for those Member States that opt
should have the possibility of keeping their existing
for a uniform unit value from the first year of imple
payment entitlements. In order to avoid a situation in
mentation of the scheme, the convergence should be
a given Member State in which an increase in the
made in equal steps. The convergence of the payment
eligible area dilutes disproportionately the amount of
entitlements with a value above the average should also
direct payments per hectare and thus affects the
take account of the estimated resources available for
internal convergence process, Member States should be
payment entitlements. However, for those Member
allowed, when carrying out the first allocation of
States which keep their existing payment entitlements
payment entitlements, to apply certain limitations for
and which have already opted for convergence steps in
the purpose of establishing the number of payment
accordance with Article 63(3) of Regulation (EC)
entitlements.
No 1782/2003, those convergence steps should be
implemented, where applicable, and the value of all
payment entitlements should be adjusted to take
account of the estimated resources available for
payment entitlements.
(22) Due
to
the
successive
integration
of
various
sectors
into
the single payment scheme and the subsequent period of
adjustment granted to farmers, it has become increasingly
difficult to justify the existence of significant individual
(24) The experience gained through applying the single
differences in the level of support per hectare resulting
payment scheme has shown that some of its main
from use of historical references. Therefore, direct income
elements should be kept, including the determination
of national ceilings to ensure that the total level of
( 1 ) Council Regulation (EC) No 1782/2003 of 29 September 2003
support does not exceed current budgetary constraints.
establishing common rules for direct support schemes under the
Member States should also continue to operate a national
common agricultural policy and establishing certain support
reserve, or should be allowed to establish regional
schemes for farmers and amending Regulations (EEC) No 2019/93,
reserves. Such national or regional reserves should be
(EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC)
used, as a matter of priority, to facilitate the participation
1868/94, (EC) No
1251/1999, (EC) No
1254/1999, (EC)
No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ
of young farmers and farmers commencing their agri
L 270, 21.10.2003, p. 1).
cultural activity in the scheme and using them should

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L 347/612
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Official Journal of the European Union
20.12.2013
be allowed in order to take account of certain other
(27) In order to avoid a situation in which, in a given Member
specific situations. Rules on the transfer and use of
State, an increase in the eligible area dilutes dispropor
payment entitlements should be retained.
tionately the amount of direct payments per hectare and
thus affects the internal convergence process, Member
States should be allowed to use a reduction coefficient
for determining the eligible area of permanent grassland
where grasses and other herbaceous forage are tradi
tionally not predominant in grazing areas, but form
(25) The
experience
gained
through
applying
Regulation
(EC)
part of established local practices.
No 73/2009 has shown that Member States did not use
the entire amount of the funds available under the
national ceilings laid down in that Regulation. While,
compared to the system under that Regulation, this
Regulation reduces the risk of unspent funds Member
States should nonetheless have the possibility of
distributing payment entitlements for a higher value
(28) As
regards
hemp,
specific
measures
should
be
kept
to
than the amount available for their basic payment
ensure that illegal crops cannot be hidden among the
scheme, in order to facilitate a more efficient use of
crops eligible for the basic payment, thereby adversely
the funds. Member States should therefore be allowed,
affecting the market for hemp. Hence, payments should
within certain common limits and in respect of the net
continue to be granted only for areas sown with varieties
ceilings for direct payments, to calculate the necessary
of hemp offering certain guarantees with regard to its
amount by which their basic payment ceiling may be
psychotropic substance content.
increased.
(29) In order to ensure legal certainty, and in order to clarify
(26) As
a
general
rule,
any
agricultural
area
of
the
holding,
the specific situations that may arise in the application of
including areas that were not in good agricultural
the basic payment scheme, the power to adopt certain
condition on 30 June 2003 in Member States acceding
acts should be delegated to the Commission in respect of
to the Union on 1 May 2004 that opted to apply the
rules on eligibility and access in respect of the basic
single area payment scheme, that is used for an agri
payment scheme of farmers, in the case of inheritance
cultural activity is eligible to benefit from the basic
and anticipated inheritance, inheritance under a lease,
payment. Given the potential for non-agricultural
change of legal status or denomination, transfer of
activities to contribute to the income diversification of
payment entitlements, and in the case of a merger or
agricultural holdings and to the vitality of rural areas, an
scission of the holding and in the case of a contract
agricultural area of a holding that is used also for non-
clause regarding the right to receive payment
agricultural activities is to be considered eligible on
entitlements in the first year of allocation of payment
condition that it is used predominantly for agricultural
entitlements. Moreover, that delegation of power should
activities. For the purpose of assessing that predomi
also cover rules on the calculation of the value and
nance, common criteria should be set for all Member
number or on the change in the value of payment
States. In this context and in order to ensure better
entitlements in relation to the allocation of payment
targeting of direct payments, it should be possible for
entitlements, including rules on the possibility of a
Member States to draw up, in the interests of legal
provisional value and number or of a provisional
certainty and clarity, a list of areas which are predomi
increase of payment entitlements allocated on the basis
nantly used for non-agricultural activities and are hence
of the application from the farmer, on the conditions for
ineligible. Furthermore, in order to maintain the eligi
establishing the provisional and definitive value and
bility of land that was eligible for the purpose of
number of the payment entitlements and on the cases
activating set-aside entitlements prior to the abolition
where a sale or lease contract could affect the allocation
of the set-aside obligation, it should be provided that
of payment entitlements. Furthermore, that delegation of
certain afforested areas, including those afforested under
power should also cover rules on the establishment and
national schemes complying with the relevant rules in
calculation of the value and number of payment
Council Regulation (EC) No 1698/2005 ( 1 ) or Regulation
entitlements received from the national reserve or
(EU) No 1305/2013 of the European Parliament and of
regional reserves; rules on the modification of the unit
the Council ( 2 ), or areas subject to certain environmental
value of payment entitlements in the case of fractions of
commitments, are eligible to benefit from the basic
payment entitlements and the transfer of payment
payment.
entitlements without land. In addition, that delegation
of power should also cover criteria for the allocation of
( 1 ) Council Regulation (EC) No 1698/2005 of 20 September 2005 on
payment entitlements to farmers who did not receive
support for rural development by the European Agricultural Fund
direct payments in 2013 or pursuant to the use of the
for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).
national or regional reserve; criteria for applying limi
( 2 ) Regulation (EU) No 1305/2013 of the European Parliament and of
tations on the number of payment entitlements to be
the Council of 17 december 2013 on support for rural development
allocated; and criteria for setting the reduction coefficient
by the European Agricultural Fund for Rural Development (EAFRD)
and repealing Council Regulation (EC) No 1698/2005 (See page 487
for conversion of certain permanent grassland to eligible
of this Official Journal).
hectares.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/613
(30) In
order
to
ensure
the
proper
management
of
payment
amounts of aid by sector, compared to their levels in
entitlements, the power to adopt certain acts should be
2013, to ensure a steady decrease of the aid levels and
delegated to the Commission in respect of rules on the
to ensure their compatibility with the convergence mech
content of the declaration and the requirements for the
anism.
activation of payment entitlements.
(35) Specific
rules
should
be
provided
for
the
first
allocation
and for the calculation of the value of payment
entitlements when Member States having applied the
(31) In order to preserve public health, the power to adopt
single area payment scheme pursuant to this Regulation
certain acts should be delegated to the Commission in
introduce the basic payment scheme. In order to ensure a
respect of laying down rules making the granting of
smooth transition between those schemes, the power to
payments conditional upon the use of certified seeds of
adopt certain acts should be delegated to the
certain hemp varieties and defining the procedure for the
Commission in respect of further rules on the intro
determination of hemp varieties and the verification of
duction of the basic payment scheme in Member States
their tetrahydrocannabinol content.
having applied the single area payment scheme.
(36) Taking into account the need for the unitary support to
farmers with smaller holdings to be sufficient in order to
(32) In
view
of
the
considerable
administrative,
technical
and
logistical difficulties the transition to the basic payment
achieve the objective of income support effectively,
scheme represents for the Member States applying the
Member States should be allowed to redistribute direct
single area payment scheme under Regulation (EC)
support between farmers by granting them an extra
No 73/2009, they should be allowed to apply the
payment for the first hectares.
single area payment scheme for the purpose of
granting the basic payment for a further transitional
(37) One of the objectives of the new CAP is the
period until the end of 2020 at the latest. If a Member
enhancement of environmental performance through a
State decides to introduce the basic payment scheme by
mandatory "greening" component of direct payments
2018, it may opt for differentiating the payments under
which will support agricultural practices beneficial for
the single area payment scheme according to the level of
the climate and the environment applicable throughout
certain payments granted in 2014 under the regimes for
the Union. For that purpose, Member States should use
specific support and separate payments provided for in
part of their national ceilings for direct payments in
Regulation (EC) No 73/2009, or, in the case of Cyprus,
order to grant, on top of the basic payment, an annual
under the sector-specific financial envelopes for transi
payment which may take account of internal
tional national aid.
convergence in the Member State or region, for
compulsory practices to be followed by farmers
addressing, as a priority, both climate and environment
policy goals. Those practices should take the form of
(33) In
order
to
guarantee
the
protection
of
the
rights
of
simple, generalised, non-contractual and annual actions
beneficiaries and in order to clarify the specific situations
that go beyond cross-compliance and that are linked to
that may arise in the application of the single area
agriculture, such as crop diversification, the maintenance
payment scheme, the power to adopt certain acts
of permanent grassland, including traditional orchards
should be delegated to the Commission in respect of
where fruit trees are grown in low density on grassland,
laying down rules on eligibility and access in respect of
and the establishment of ecological focus areas. In order
the single area payment scheme of farmers.
to better achieve the objectives of "greening" and to
allow for its efficient administration and control, such
practices should apply to the whole eligible area of the
holding. The compulsory nature of those practices should
also concern farmers whose holdings are fully or partly
(34) In
Member States applying the single area payment
situated in "Natura 2000" areas covered by Council
scheme which were allowed to grant transitional
Directive 92/43/EEC ( 1 ) and by Directive 2009/147/EC
national aid, such aid has played an important role in
of the European Parliament and of the Council ( 2 ), or
supporting the income of farmers in specific sectors. For
in areas covered by Directive 2000/60/EC of the
that reason, and in order to avoid a sudden and
European Parliament and of the Council ( 3 ), as long as
substantial decrease of support from 2015 in those
those practices are compatible with the objectives of
sectors benefiting, until 2014, from transitional
those Directives.
national aid, it is appropriate to provide, in those
Member States, for the possibility to grant that aid as a
(
complement to the single area payment scheme. In order

1 ) Council Directive 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora (OJ L 206,
to ensure the continuity of the support with the transi
22.7.1992, p. 7).
tional national aid granted so far, it is appropriate to
( 2 ) Directive 2009/147/EC of the European Parliament and of the
limit the conditions to those applicable in 2013 to that
Council of 30 November 2009 on the conservation of wild birds
aid, or in the case of Bulgaria and Romania to comple
(OJ L 20, 26.1.2010, p. 7).
mentary national direct payments, authorised by the
( 3 ) Directive 2000/60/EC of the European Parliament and of the
Council of 23 October 2000 establishing a framework for
Commission following the requests from Member
Community action in the field of water policy (OJ L 327,
States. It is also appropriate to limit the maximum
22.12.2000, p. 1).

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L 347/614
EN
Official Journal of the European Union
20.12.2013
(38) Given the recognised environmental benefits of the
for farms that because of their geographical localisation
organic farming systems, farmers should, for those
would have excessive difficulties in introducing a third
units of their holding on which they fulfil the conditions
crop. In order to ensure that the obligations referred to
laid down in Council Regulation (EC) No 834/2007 ( 1 ),
in the crop diversification measure are applied in a
benefit from the "greening" component without needing
proportionate and non-discriminatory way and lead to
to fulfil any further obligation.
an enhanced environmental protection, the power to
adopt certain acts should be delegated to the
Commission in respect of recognising further genera
and species and laying down rules concerning the appli
(39) Failure
to
respect
the "greening" component should lead
cation of the precise calculation of shares of different
to penalties on the basis of Regulation (EU)
crops.
No 1306/2013.
(42) For the sake of the environmental benefits of permanent
(40) In
order
to
accommodate
the
diversity
of
agricultural
grassland and in particular carbon sequestration,
systems and the different environmental situations
provision should be made for the maintenance of
across the Union, it is justified to recognise, in addition
permanent grassland. This protection should consist of
to the three greening practices established in this Regu
a ban on ploughing and conversion on the environ
lation, practices covered by agri-environment-climate
mentally most sensitive areas in "Natura 2000" areas
measures or certification schemes that are similar to
covered by Directives 92/43/EEC and 2009/147/EC,
greening and that yield an equivalent or higher level of
and of a more general safeguard, based on a ratio of
benefit for the climate and the environment. For reasons
permanent grassland, against conversion to other uses.
of legal clarity these practices should be laid down in an
Member States should be empowered to delineate
Annex to this Regulation. Member States should decide
further environmentally sensitive areas not covered by
whether to offer to farmers the possibility of using
those Directives. In addition, they should choose at
equivalent practices and the greening practices established
which territorial level the ratio should apply. In order
in this Regulation in order to require the farmer to
to assure an efficient protection of permanent grassland,
observe the practices best suited to ensure the objectives
the power to adopt certain acts should be delegated to
of the measure and they should notify the Commission
the Commission for the purpose of defining the
of their decisions. For reasons of legal certainty, the
framework for the designation, by Member States, of
Commission should assess whether the practices
permanent grasslands not covered by Directives
covered by the notified equivalent measures are covered
92/43/EEC or 2009/147/EC.
by the Annex. If the Commission considers this not to be
the case, it should notify Member States accordingly by
means of an implementing act adopted without applying
Regulation (EU) No 182/2011. In order to allow a
simpler implementation of equivalence and for reasons
(43) In
order
to
ensure
that
the
ratio
of
permanent
grassland
of controllability, rules should be laid down as regards
to the total agricultural area is correctly determined and
the area coverage of equivalent measures, taking into
maintained, the power to adopt certain acts should be
account the specific characteristics of agri-environment-
delegated to the Commission in respect of the estab
climate measures and certification schemes. In order to
lishment of detailed methods for the determination of
ensure that equivalent practices are properly applied and
that ratio, detailed rules on maintenance of permanent
that double funding is avoided, the power to adopt
grassland and the relevant time frame for an obligation
certain acts should be delegated to the Commission for
upon individual farmers to reconvert land.
the purpose of adding practices to the list of equivalent
practices, establishing requirements for the national or
regional certification schemes and, where necessary,
establishing detailed rules for the calculation of related
(44) Ecological
focus
areas
should
be
established,
in
particular,
amounts.
in order to safeguard and improve biodiversity on farms.
The ecological focus area should therefore consist of
areas directly affecting biodiversity such as land lying
fallow, landscape features, terraces, buffer strips,
(41) The
obligations
relating
to
crop
diversification
should
be
afforested areas and agro-forestry areas, or indirectly
applied in a way that takes into account the difficulty for
affecting biodiversity through a reduced use of inputs
smaller farms to diversify, while continuing to make
on the farm, such as areas covered by catch crops and
progress towards enhanced environmental benefit, and
winter green cover. The obligations laid down in respect
in particular the improvement of soil quality. Exceptions
of the ecological focus area should be applied in a way
should be provided for farms that already fulfil the
that avoids putting a disproportionate burden on smaller
objectives of crop diversification as a result of being
farms in comparison to the additional enhanced environ
covered to a significant extent by grassland or fallowland,
mental benefit. Exceptions should be provided for farms
for specialised farms rotating their parcels each year or
that already fulfil the objectives of ecological focus areas
by being covered to a significant extent by grassland or
fallowland. Exceptions should also be provided, in the
( 1 ) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic
production and labelling of organic products and repealing Regu
case of predominantly forested Member States, for
lation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
farmers that pursue an agricultural activity in areas

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/615
facing natural constraints in certain predominantly
commencing their agricultural activities should be estab
forested areas where there is a significant risk of land
lished in order to facilitate the initial establishment of
abandonment. In addition, provision should be made
young farmers and the structural adjustment of their
for the possibility for Member States and farmers to
holdings after the initial setting up. For that purpose,
implement at a regional or collective level the obligation
Member States should use part of their national ceilings
in order to obtain adjacent ecological focus areas that are
for direct payments to grant to young farmers an annual
more beneficial for the environment. For the sake of
payment, on top of the basic payment. Member States
simplification, Member States should have the option
should be able to decide on a calculation method for that
to standardise the measurement of the ecological focus
payment and, if that method implies an obligation to set
areas.
a limit on the payment per farmer, such a limit is to be
set in respect of the general principles of Union law.
Since it should only cover the initial period of the life
of the business and should not become an operating aid,
that payment should only be granted during a maximum
period of five years. It should be available to young
(45) In
order
to
ensure
the
that
ecological
focus
areas
are
established in an efficient and coherent way, while
farmers commencing their agricultural activity who are
taking into account Member States' specific character
no more than 40 years of age in the year of the first
istics, the power to adopt certain acts should be
submission of the application under the basic payment
delegated to the Commission in respect of laying down
scheme or under the single area payment scheme.
further criteria for the qualification of areas as ecological
focus areas; recognising other types of ecological focus
areas; establishing conversion and weighting factors for
certain types of ecological focus area; establishing rules
for the implementation, by Member States, of a part of
the ecological focus area at regional level; laying down
(48) In order to guarantee the protection of the rights of
rules for collective implementation of the obligation to
beneficiaries and to avoid discrimination between them,
keep ecological focus areas by holdings in close
the power to adopt certain acts should be delegated to
proximity; establishing the framework for the criteria,
the Commission in respect of defining the conditions
to be defined by Member States, for identifying such
under which a legal person may be considered eligible
close proximity; and establishing the methods of deter
for receiving the payment for young farmers.
mination of the ratio of forest to agricultural land. When
adding other types of ecological focus area, the
Commission should ensure that they aim to improve
the general environmental performance of the holding,
in particular as regards biodiversity, the improvement of
soil and water quality, the preservation of landscape and
(49) Member
States
should
be
allowed
to
use
part
of
their
meeting the climate change mitigation and adaptation
national ceilings for direct payments for coupled
objectives.
support in certain sectors or regions in clearly defined
cases. The resources that may be used for any coupled
support should be limited to an appropriate level, while
allowing such support to be granted in Member States in
their specific sectors or regions facing particular situ
ations where specific types of farming or specific agri
(46) In
order
to
promote
the
sustainable
development
of
agri
culture in areas with specific natural constraints, Member
cultural sectors are particularly important for economic,
States should be able to use part of their direct payments
environmental and/or social reasons. Member States
ceilings to grant an annual area-based payment, on top
should be allowed to use up to 8 % of their national
of the basic payment, to all farmers operating in those
ceilings for this support, or 13 % where their level of
areas or in some of those areas, where decided by the
coupled support exceeds 5 % in at least one of the
Member State. That payment should not replace the
years of the period 2010-2014 or where they apply
support given under rural development programmes
the single area payment scheme until 31 December
and should not be granted to farmers in areas which
2014. Furthermore, in order to maintain the protein-
were designated in accordance with Regulation (EC)
based autonomy of the breeding sector, Member States
No 1698/2005 but have not been designated in
which decide to use at least 2 % of their national ceilings
accordance with Regulation (EU) No 1305/2013.
to support the production of protein crops should be

allowed to increase those percentages by up to two
percentage points. In duly justified cases where certain
sensitive needs in a sector or a region are demonstrated,
and upon approval by the Commission, Member States
should be allowed to use more than 13 % of their
(47) The
creation
and
development
of
new
economic
activity
national ceiling. As an alternative to those percentages,
in the agricultural sector by young farmers is financially
Member States may choose to use up to EUR 3 million
challenging and constitutes an element that should be
per year for financing the coupled support. Coupled
considered in the allocation and targeting of direct
support should only be granted to the extent necessary
payments. This development is essential for the competi
to create an incentive to maintain current levels of
tiveness of the agricultural sector in the Union and, for
production in the sectors or regions concerned. That
that reason, an income support to young farmers
support should also be available to farmers holding, on

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L 347/616
EN
Official Journal of the European Union
20.12.2013
31 December 2013, special payment entitlements
Experience has shown that the restructuring of the cotton
allocated under Regulation (EC) No 1782/2003 and
sector would be better served through other measures,
Regulation (EC) No 73/2009, and who do not have
including those under rural development programming
eligible hectares for the activation of payment entitle
financed under Regulation (EU) No 1305/2013. Such
ments. As regards the approval of voluntary coupled
measures would also allow for a greater co-ordination
support exceeding 13 % of the annual national ceiling
with measures in other sectors. The acquired rights and
fixed per Member State, the Commission should be
legitimate expectations of undertakings already involved
further empowered to adopt implementing acts without
in restructuring programmes should, however, be
applying Regulation (EU) No 182/2011.
respected. Therefore, the ongoing programmes of four
or eight years should be allowed to run their course,
with no possiblity of extension. Funds available from
the four-year programmes could then be integrated into
the available Union funds for measures under rural devel
opment from 2014. Given the programming period,
(50) In order to ensure efficient and targeted use of Union
funds available after the end of the eight-year
funds and to avoid double funding under other similar
programmes would not be useful in rural development
support instruments, the power to adopt certain acts
programmes in 2018, and could therefore be more
should be delegated to the Commission in respect of
usefully transferred to support schemes under this Regu
establishing the conditions for granting voluntary
lation, as already provided for in Regulation (EC)
coupled support, as well as rules on its consistency
No 637/2008. Regulation (EC) No 637/2008 will
with other Union measures and on the cumulation of
therefore become obsolete from 1 January 2014 or
support.
1 January 2018 as regards Member States which have,
respectively, four or eight-year programmes and should
therefore be repealed.
(51) In order to ensure against any risk of disruption to
production in the cotton producing regions, a part of
support to the cotton sector under Regulation (EC)
No 73/2009 continued to be linked to the cultivation
(54) Member
States
should
be
allowed
to
establish
a
simple
of cotton through a crop-specific payment per eligible
and specific scheme for small farmers in order to reduce
hectare, taking into account all relevant factors. This
the administrative costs linked to the management and
situation should be maintained in accordance with the
control of direct support. For that purpose, Member
objectives set out in Protocol No 4 on cotton attached to
States should be allowed to establish either a lump-sum
the 1979 Act of Accession.
payment that replaces all direct payments, or a payment
based on the amount due to the farmers each year. Rules
simplifying formalities should be introduced by reducing,
inter alia, the obligations imposed on small farmers, such
as those related to the application for support, to agri
cultural practices beneficial for the climate and the
(52) In order to ensure the efficient application and
environment, to cross-compliance and to controls as
management of the crop-specific payment for cotton,
laid down in Regulation (EU) No 1306/2013 without
the power to adopt certain acts should be delegated to
jeopardising the achievement of the overall objectives
the Commission in respect of establishing rules and
of the reform, it being understood that Union legislation
conditions for the authorisation of land and varieties
as referred to in Annex II to Regulation (EU) No
for the purposes of the crop-specific payment for
1306/2013 applies to small farmers. The objective of
cotton; rules on the conditions for the granting of that
that scheme should be to support the existing agricultural
payment, on the eligibility requirements and the
structure of small farms in the Union without countering
agronomic practices; criteria for the approval of inter
the development towards more competitive structures.
branch organisations; obligations for producers; and
For that reason, access to the scheme should, in principle,
rules governing the situation where the approved inter
be limited to existing holdings. Participation of farmers in
branch organisation does not satisfy those criteria.
the scheme should be optional. However, in order to
further increase the impact of the scheme in terms of
simplification, Member States should be allowed to
include certain farmers in the scheme automatically,
subject to the possibility for them to opt-out.
(53) Chapter
2
of
Council
Regulation
(EC)
No
637/2008
( 1 )
required each cotton producing Member State to
submit to the Commission either every four years and
for the first time by 1 January 2009 a draft four-year
restructuring programme, or by 31 December 2009 a
single draft modified eight-year restructuring programme.
(55) In order to ensure legal certainty, the power to adopt
certain acts should be delegated to the Commission in
respect of establishing conditions for participation in the
( 1 ) Council Regulation (EC) No 637/2008 of 23 June 2008 amending
Regulation (EC) No 1782/2003 and establishing national restruc
small farmers scheme if the situation of the participating
turing programmes for the cotton sector (OJ L 178, 5.7.2008, p. 1).
farmer changes.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/617
(56) In
the
interest
of
simplification
and
in
order
to
take
into
power to adopt certain acts should be delegated to the
account the specific situation of the outermost regions,
Commission in respect of establishing the necessary
direct payments in those regions should be managed
measures to protect any acquired rights and legitimate
within the support programmes established by Regu
expectations of farmers.
lation (EU) No 228/2013. As a consequence, provisions
in this Regulation relating to the basic payment and
related payments, to coupled support and to the small
farmers scheme should not apply to those regions.
(61) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation and to avoid unfair competition
or discrimination between farmers, implementing powers
(57) Notifications
are
needed
from
Member
States
for
the
should be conferred on the Commission in respect of:
purpose of applying this Regulation, and for the
setting the amount to be included in the special national
purpose of monitoring, analysing and managing direct
de-mining reserve for Croatia; fixing the annual national
payments. In order to ensure the correct application of
ceiling for the basic payment scheme; adopting rules on
the rules set out in this Regulation and to make such
applications for allocation of payment entitlements;
notifications fast, efficient, accurate, cost-effective and
adopting measures regarding the reversion of non-
compatible with the protection of personal data, the
activated payment entitlements to the national reserve;
power to adopt certain acts should be delegated to the
adopting modalities of the notification of transfer of
Commission in respect of establishing the necessary
payment entitlements to the national authorities and
measures regarding notifications to be made by
the deadlines within which such notifications are to
Member States to the Commission or for the purpose
take place; fixing the annual national ceiling for the
of checking, controlling, monitoring, evaluating and
single area payment scheme; adopting rules on appli
auditing direct payments and for complying with
cations for allocation of payment entitlements
requirements laid down in international agreements,
submitted in the year of allocation of payment
including notification requirements under those
entitlements where Member States change to the basic
agreements and in respect of further rules on the
payment scheme; fixing annual ceilings for the redis
nature and type of the information to be notified, the
tributive payment. Those powers should be exercised in
categories of data to be processed and maximum period
accordance with Regulation (EU) No 182/2011.
of retention, the access rights to the information or
information systems and the conditions of publication
of the information.
(62) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation and to avoid unfair competition
(58) Personal
data
collected
for
the
purposes
of
the
appli
or discrimination between farmers, implementing powers
cation of direct payments should be processed in a
should also be conferred on the Commission in respect
way that is compatible with those purposes. It should
of: adopting rules on the procedure, including on the
also be made anonymous, be aggregated when
timetables for their submission, for the Member States'
processed for monitoring or evaluation purposes, and
notifications and the Commission assessment as regards
be protected in accordance with Union law concerning
equivalent practices; adopting certain limits within which
the protection of individuals with regard to the
the obligation to maintain permanent grassland is
processing of personal data and on the free movement
considered to be being complied with; setting out the
of such data, in particular Directive 95/46/EC of the
annual ceiling for the payment for agricultural practices
European Parliament and of the Council ( 1 ) and Regu
beneficial for the climate and the environment; setting
lation (EC) No 45/2001 of the European Parliament
out the annual ceiling for the payment for areas with
and of the Council
( 2 ). Data subjects should be
natural constraints; setting out the annual ceiling for
informed of such processing and of their data protection
the payment for young farmers. Those powers should
rights.
be exercised in accordance with Regulation (EU)
No 182/2011.
(59) The
European
Data
Protection
Supervisor
was
consulted
and delivered an opinion on 14 December 2011 ( 3 ).
(63) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of this Regulation and to avoid unfair competition
(60) In order to ensure a smooth transition from the
or discrimination between farmers, implementing powers
arrangements provided for in Regulation (EC)
should also be conferred on the Commission in respect
No 73/2009 to those laid down in this Regulation, the
of: setting out the annual ceilings for the voluntary
coupled support; adopting rules on the procedure for
the assessment and approval of decisions in the
( 1 ) Directive 95/46/EC of the European Parliament and of the Council
of 24 October 1995 on the protection of individuals with regard to
framework of the voluntary coupled support; adopting
the processing of personal data and on the free movement of such
rules on the authorisation procedure and on the notifi
data (OJ L 281, 23.11.1995, p. 31).
cations to the producers related to the authorisation of
( 2 ) Regulation (EC) No 45/2001 of the European Parliament and of the
land and varieties for the purposes of the crop-specific
Council of 18 December 2000 on the protection of individuals with
payment for cotton; adopting rules on the calculation of
regard to the processing of personal data by the Community insti
the reduction of the amount of the crop-specific payment
tutions and bodies and on the free movement of such data (OJ L 8,
12.1.2001, p. 1).
for cotton; adopting rules concerning general notification
( 3 ) OJ C 35, 9.2.2012, p. 1.
requirements and methods; and adopting necessary and

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L 347/618
EN
Official Journal of the European Union
20.12.2013
justifiable measures to resolve specific problems in an
(b) specific rules concerning:
emergency. Those powers should be exercised in
accordance with Regulation (EU) No 182/2011.
(i) a basic payment for farmers ("the basic payment
scheme" and a transitional simplified scheme, "the
(64) In order to solve urgent problems occurring in one or
single area payment scheme");
more Member States while ensuring the continuity of the
direct payments system, the Commission should adopt
immediately applicable implementing acts where, in duly
justified cases, extraordinary circumstances affect the
(ii) a voluntary transitional national aid for farmers;
granting of support and jeopardise the effective imple
mentation of the payments under the support schemes
listed in this Regulation.
(iii) a voluntary redistributive payment;
(65) Since the objectives of this Regulation cannot be suffi
(iv) a payment for farmers observing agricultural practices
ciently achieved by the Member States but can rather, by
beneficial for the climate and the environment;
reason of the links between this Regulation and the other
instruments of the CAP, the disparities between the
various rural areas and the limited financial resources
(v) a voluntary payment for farmers in areas with natural
of the Member States in an enlarged Union, be better
constraints;
achieved at Union level through the multiannual
guarantee of Union financing and by concentrating on
clearly identified priorities, the Union may adopt
measures, in accordance with the principle of subsidiarity
(vi) a payment for young farmers commencing their agri
as set out in Article 5 of the Treaty on European Union
cultural activity;
(TEU). In accordance with the principle of proportionality
as set out in that Article, this Regulation does not go
beyond what is necessary in order to achieve those objec
(vii) a voluntary coupled support scheme;
tives.
(viii) a crop-specific payment for cotton;
(66) Given
that
Regulation
(EC)
No
73/2009
is
to
continue
to
apply in 2014, this Regulation should apply in general
from 1 January 2015. However, the provisions of this
Regulation on flexibility between pillars provide for the
(ix) a voluntary simplified scheme for small farmers;
possibility for Member States to take decisions and notify
them to the Commssion by 31 December 2013. In
addition, some other provisions of this Regulation
(x) a framework within which Bulgaria, Croatia and
require action to be taken in 2014. Those provisions
Romania may complement direct payments.
should, therefore, apply from the entry into force of
this Regulation.
Article 2
(67) Due to the urgency of preparing the smooth implemen
Amendment of Annex I
tation of the measures envisaged, this Regulation should
In order to ensure legal certainty, the Commission shall be
enter into force on the day of its publication in the
empowered to adopt delegated acts in accordance with
Official Journal of the European Union,
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
HAVE ADOPTED THIS REGULATION:
the adoption of this Regulation.
TITLE I
Article 3
SCOPE AND DEFINITIONS
Application to the outermost regions and the smaller
Aegean islands
Article 1
Article 11 shall not apply to the regions of the Union referred
Scope
to in Article 349 TFEU ("the outermost regions") and to the
This Regulation establishes:
direct payments granted in the smaller Aegean islands in
accordance with Regulation (EU) No 229/2013.
(a) common rules on payments granted directly to farmers
under the support schemes listed in Annex I ("direct
Titles III, IV and V of this Regulation shall not apply to the
payments");
outermost regions.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/619
Article 4
(h) "permanent grassland and permanent pasture" (together
referred to as "permanent grassland") means land used to
Definitions and related provisions
grow grasses or other herbaceous forage naturally (self-
1. For the purposes of this Regulation, the following defi
seeded) or through cultivation (sown) and that has not
nitions shall apply:
been included in the crop rotation of the holding for five
years or more; it may include other species such as shrubs
and/or trees which can be grazed provided that the grasses
(a) "farmer" means a natural or legal person, or a group of
and other herbaceous forage remain predominant as well
natural or legal persons, regardless of the legal status
as, where Member States so decide, land which can be
granted to such group and its members by national law,
grazed and which forms part of established local
whose holding is situated within the territorial scope of the
practices where grasses and other herbaceous forage are
Treaties, as defined in Article 52 TEU in conjunction with
traditionally not predominant in grazing areas;
Articles 349 and 355 TFEU, and who exercises an agri
cultural activity;
(i) "grasses or other herbaceous forage" means all herbaceous
plants traditionally found in natural pastures or normally
(b) "holding" means all the units used for agricultural activities
included in mixtures of seeds for pastures or meadows in
and managed by a farmer situated within the territory of
the Member State, whether or not used for grazing animals;
the same Member State;
(j) "nurseries" means the following areas of young ligneous
(c) "agricultural activity" means:
(woody) plants grown in the open air for subsequent trans
plantation:
(i) production, rearing or growing of agricultural
products, including harvesting, milking, breeding
— vine and root-stock nurseries,
animals, and keeping animals for farming purposes,
— fruit tree and berries nurseries,
(ii) maintaining an agricultural area in a state which makes
it suitable for grazing or cultivation without
preparatory action going beyond usual agricultural
— ornamental nurseries,
methods and machineries, based on criteria established
by Member States on the basis of a framework estab
lished by the Commission, or
— commercial nurseries of forest trees excluding those for
the holding's own requirements grown within
(iii) carrying out a minimum activity, defined by Member
woodland,
States, on agricultural areas naturally kept in a state
suitable for grazing or cultivation;
— nurseries of trees and bushes for planting in gardens,
parks, at the roadside and on embankments (e.g.
(d) "agricultural products" means the products, with the
hedgerow plants, rose trees and other ornamental
exception of fishery products, listed in Annex I to the
bushes, ornamental conifers), including in all cases
Treaties as well as cotton;
their stocks and young seedlings;
(e) "agricultural area" means any area taken up by arable land,
(k) "short rotation coppice" means areas planted with tree
permanent grassland and permanent pasture, or permanent
species of CN code 0602 90 41 to be defined by
crops;
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
(f) "arable land" means land cultivated for crop production or
following season and with a maximum harvest cycle to
areas available for crop production but lying fallow,
be determined by the Member States;
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
(l) "sale" means the sale or any other definitive transfer of
Article 28 of Regulation (EU) No 1305/2013, irrespective
ownership of land or payment entitlements; it does not
of whether or not that land is under greenhouses or under
include the sale of land where land is transferred to
fixed or mobile cover;
public authorities or for use in the public interest and
where the transfer is carried out for non-agricultural
purposes;
(g) "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
(m) "lease" means a rental agreement or similar temporary
harvests, including nurseries and short rotation coppice;
transaction;

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(n) "transfer" means the lease or sale or actual inheritance or
Article 6
anticipated inheritance of land or payment entitlements or
any other definitive transfer thereof; it does not cover the
National ceilings
reversion of entitlements upon expiry of a lease.
1. For
each
Member
State
and
for
each
year,
the
national
ceiling comprising the total value of all allocated payment
2. Member
States
shall:
entitlements, of the national reserve or the regional reserves
and of the ceilings fixed in accordance with Articles 42, 47,
49, 51 and 53 shall be as set out in Annex II.
(a) 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
Where a Member State makes use of the option provided for in
paragraph 1;
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.
(b) 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
2. By
way
of
derogation
from
paragraph
1,
for
each
Member
point (c)(iii) of paragraph 1;
State applying the single area payment scheme and for each
year, the national ceiling, comprising the ceilings fixed in
(c) define the tree species qualifying for short rotation coppice
accordance with Articles 36, 42, 47, 49, 51 and 53, shall be
and determine the maximum harvest cycle in respect of
as set out in Annex II.
those tree species, as referred to in point (k) of paragraph 1.
3. In
order
to
take
account
of
the
developments
relating
to
Member States may decide that land which can be grazed and
the total maximum amounts of direct payments that may be
which forms part of established local practices where grasses
granted, including those resulting from the decisions to be taken
and other herbaceous forage are traditionally not predominant
by Member States in accordance with Article 14 and those
in grazing areas is to be considered to be permanent grassland,
resulting from the application of Article 20(2), the Commission
as referred to in point (h) of paragraph 1.
shall be empowered to adopt delegated acts in accordance with
Article 70 adapting the national ceilings set out in Annex II.
3. In
order
to
ensure
legal
certainty,
the
Commission
shall
be
empowered to adopt delegated acts in accordance with
Article 7
Article 70 establishing:
Net ceilings
(a) the framework within which Member States are to establish
1. Without
prejudice
to
Article
8,
the
total
amount
of
direct
the criteria to be met by farmers in order to fulfil the
payments which may be granted in a Member State pursuant to
obligation to maintain an agricultural area in a state
Titles III, IV and V in respect of a calendar year, after application
suitable for grazing or cultivation, as referred to in point
of Article 11, shall not be higher than the corresponding ceiling
(c)(ii) of paragraph 1;
set out in Annex III.
(b) the framework within which Member States shall define the
Where the total amount of direct payments to be granted in a
minimum activity to be carried out on agricultural areas
Member State would be higher than the ceiling set out in Annex
naturally kept in a state suitable for grazing or cultivation,
III, that Member State shall make a linear reduction in the
as referred to in point (c)(iii) of paragraph 1;
amounts of all direct payments with the exception of direct
payments granted under Regulation (EU) No 228/2013 and
(c) the criteria to determine the predominance of grasses and
Regulation (EU) No 229/2013.
other herbaceous forage and the criteria to determine the
established local practices referred to in point (h) of
paragraph 1.
2. For each Member State and for each calendar year, the

estimated product of the reduction of payments referred to in
Article 11 (which is reflected by the difference between the
TITLE II
national ceiling set out in Annex II, to which is added the
amount available in accordance with Article 58, and the net
GENERAL PROVISIONS ON DIRECT PAYMENTS
ceiling set out in Annex III) shall be made available as Union
support for measures under rural development programming
CHAPTER 1
financed under the European Agricultural Fund for Rural Devel
Common rules on direct payments
opment (EAFRD) as specified in Regulation (EU) No 1305/2013.
Article 5
3. In
order
to
take
account
of
the
developments
relating
to
General common agricultural policy provisions
the total maximum amounts of direct payments that may be
granted, including those resulting from the decisions taken by
Regulation (EU) No 1306/2013 and the provisions adopted
Member States pursuant to Article 14, the Commission shall be
pursuant thereto shall apply to the schemes provided for in
empowered to adopt delegated acts in accordance with
this Regulation.
Article 70 adapting the ceilings set out in Annex III.

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Union L
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Article 8
A person or group of persons falling within the scope of the
first or second subparagraph shall, however, be regarded as an
Financial discipline
active farmer if it provides verifiable evidence, in the form that
1. The
adjustment
rate
determined
in
accordance
with is required by Member States, which demonstrates any of the
Article 26 of Regulation (EU) No 1306/2013 shall only apply
following:
to direct payments in excess of EUR 2 000 to be granted to
farmers in the corresponding calendar year.
(a) 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
2. As
a
result
of
the
gradual
introduction
of
direct
payments
evidence is available;
provided for in Article 16, paragraph 1 of this Article shall
apply to Bulgaria and Romania from 1 January 2016.
(b) that its agricultural activities are not insignificant;
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.
(c) that its principal business or company objects consist of
exercising an agricultural activity.
3. In
order
to
ensure
the
correct
application
of
the 3. In
addition
to
paragraphs
1
and
2,
Member
States
may
adjustments of direct payments with respect to financial disci
decide, on the basis of objective and non-discriminatory criteria,
pline, the Commission shall be empowered to adopt delegated
that no direct payments are to be granted to natural or legal
acts in accordance with Article 70 laying down rules on the
persons, or to groups of natural or legal persons:
basis for calculation of reductions to be applied by Member
States to farmers pursuant to paragraph 1 of this Article.
(a) whose agricultural activities form only an insignificant part
of their overall economic activities; and/or
4.
In the case of a legal person, or a group of natural or legal
persons, Member States may apply the adjustment rate referred
to in paragraph 1 at the level of the members of those legal
(b) whose principal activity or company objects do not consist
persons or groups where national law provides for the indi
of exercising an agricultural activity.
vidual members to assume rights and obligations comparable
to those of individual farmers who have the status of a head of
holding, in particular as regards their economic, social and tax
status, provided that they have contributed to strengthening the
4. Paragraphs 2 and 3 shall not apply to farmers who only
agricultural structures of the legal persons or groups concerned.
received direct payments not exceeding a certain amount for the
previous year. Such amount shall be decided by Member States
on the basis of objective criteria such as their national or
regional characteristics, and shall not be higher than EUR 5 000.
Article 9
Active farmer
5. In order to guarantee the protection of the rights of
1. No
direct
payments
shall
be
granted
to
natural
or
legal farmers, the Commission shall be empowered to adopt
persons, or to groups of natural or legal persons, whose agri
delegated acts in accordance with Article 70 laying down:
cultural areas are mainly areas naturally kept in a state suitable
for grazing or cultivation and who do not carry out on those
areas the minimum activity defined by Member States in
accordance with point (b) of Article 4(2).
(a) criteria for determining the cases where a farmer's agri
cultural area is to be considered to be mainly an area
naturally kept in a state suitable for grazing or cultivation;
2. No
direct
payments
shall
be
granted
to
natural
or
legal
persons, or to groups of natural or legal persons, who operate
(b) criteria for establishing the distinction between receipts
airports, railway services, waterworks, real estate services,
resulting from agricultural and non-agricultural activities;
permanent sport and recreational grounds.
(c) criteria for establishing the amounts of direct payments
Where appropriate, Member States may, on the basis of
referred to in paragraphs 2 and 4, especially concerning
objective and non-discriminatory criteria, decide to add to the
direct payments in the first year of allocation of payment
list in the first subparagraph any other similar non-agricultural
entitlements where the value of the payment entitlements is
businesses or activities, and may subsequently decide to
not yet definitively established, as well as concerning direct
withdraw any such additions.
payments for new farmers;

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(d) criteria that farmers are to meet in order to prove for the
2. Before applying paragraph 1, Member States may subtract
purposes of paragraphs 2 and 3 that their agricultural
the salaries linked to an agricultural activity actually paid and
activities are not insignificant and that their principal
declared by the farmer in the previous calendar year, including
business or company objects consist of exercising an agri
taxes and social contributions related to employment, from the
cultural activity.
amount of direct payments to be granted to a farmer pursuant
to Chapter 1 of Title III in a given calendar year. Where no data
is available on the salaries actually paid and declared by the
6. Member
States
shall
notify
the
Commission
by
1
August farmer in the previous calendar year, the most recent data
2014 of any decision referred to in paragraphs 2, 3 or 4 and, in
available shall be used.
the case of amendments thereto, within two weeks of the date
on which any decision to amend was taken.
Article 10
3. Where a Member State decides to grant a redistributive
payment to farmers pursuant to Chapter 2 of Title III and to use
Minimum requirements for receiving direct payments
more than 5 % of the annual national ceiling set out in Annex II
1. Member
States
shall
decide
in
which
one
of
the
following for that purpose, it may decide not to apply this Article.
cases not to grant direct payments to a farmer:
(a) where the total amount of direct payments claimed or due
Where a Member State decides to grant a redistributive payment
to be granted before the application of Article 63 of Regu
to farmers pursuant to Chapter 2 of Title III and the application
lation (EU) No 1306/2013 in a given calendar year is less
of the maximum limits set out in Article 41(4) prevents it from
than EUR 100;
using more than 5 % of the annual national ceiling set out in
Annex II for that purpose, that Member State may decide not to
(b) where the eligible area of the holding for which direct
apply this Article.
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.
4. No
advantage
by
means
of
avoiding
reductions
of
the
payment shall be granted in favour of farmers in respect of
2. In
order
to
take
account
of
the
structure
of
their
agri
whom it is established that they artificially created, after
cultural economies, Member States may adjust the thresholds
18 October 2011, the conditions to avoid the effects of this
set out in points (a) and (b) of paragraph 1 within the limits set
Article.
out in Annex IV.
3. Where a Member State has decided to apply an area
threshold pursuant to point (b) of paragraph 1, it shall never
5.
In the case of a legal person, or a group of natural or legal
theless apply point (a) of that paragraph to those farmers
persons, Member States may apply the reduction referred to in
receiving the animal-related coupled support referred to in
paragraph 1 at the level of the members of those legal persons
Title IV who hold fewer hectares than the area threshold.
or groups where national law provides for the individual
members to assume rights and obligations comparable to
those of individual farmers who have the status of a head of
4. The
Member
States
concerned
may
decide
not
to
apply holding, in particular as regards their economic, social and tax
paragraph 1 to the outermost regions and to the smaller
status, provided that they have contributed to strengthening the
Aegean Islands.
agricultural structures of the legal persons or groups concerned.
5. In Bulgaria and Romania, for the year 2015, 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 relevant
6. Member
States
shall
notify
the
Commission
by
1
August
amount set out in point A of Annex V.
2014 of the decisions taken in accordance with this Article and
of any estimated product of reductions for the years 2015 to
2019.
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 12
Article 11
Multiple claims
Reduction of payments
The area corresponding to the number of eligible hectares in
respect of which an application for a basic payment has been
1. Member
States
shall
reduce
the
amount
of
direct
payments submitted by a farmer pursuant to Chapter 1 of Title III may be
to be granted to a farmer pursuant to Chapter 1 of Title III for a
the subject of an application for any other direct payment, as
given calendar year by at least 5 % for the part of the amount
well as for any other aid not covered by this Regulation, save as
exceeding EUR 150 000.
explicitly provided otherwise in this Regulation.

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Article 13
The decision referred to in the first subparagraph shall be
notified to the Commission by 31 December 2013. That
State aid
decision shall set out the percentage referred to in that subpara
By way of derogation from Article 211(1) of Regulation (EU)
graph, which may vary by calendar year.
No 1308/2013 of the European Parliament and of the Coun
cil ( 1 ), Articles 107, 108 and 109 TFEU shall not apply to
Member States which do not take the decision referred to in the
payments made by Member States in conformity with this
first subparagraph in respect of financial year 2015 may, by
Regulation.
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.
Article 14
Flexibility between pillars
Member States may decide to review the decisions referred to in
this paragraph with effect for financial years 2019 and 2020.
1. By
31
December
2013,
Member
States
may
decide
to Any decisions based on such review shall not result in an
make available, as additional support for measures under rural
increase of the percentage notified to the Commission in
development programming financed under the EAFRD as
accordance with the first, second and third subparagraphs.
specified under Regulation (EU) No 1305/2013, up to 15 %
Member States shall notify the Commission of any decision
of their annual national ceilings for calendar year 2014 set
based on such review by 1 August 2017.
out in Annex VIII to Regulation (EC) No 73/2009 and of
their annual national ceilings for calendar years 2015 to
2019 set out in Annex II to this Regulation. As a result, the
Article 15
corresponding amount shall no longer be available for granting
Review
direct payments.
Support schemes listed in Annex I shall apply without prejudice
to a possible review at any time in the light of economic devel
opments and the budgetary situation. That review may lead to
The decision referred to in the first subparagraph shall be
the adoption of legislative acts, delegated acts under Article 290
notified to the Commission by 31 December 2013. That
TFEU or implementing acts under Article 291 TFEU.
decision shall set out the percentage referred to in that subpara
graph, which may vary by calendar year.
CHAPTER 2
Provisions applying to Bulgaria, Croatia and Romania
Member States which do not take the decision referred to in the
first subparagraph in respect of calendar year 2014 may, by
Article 16
1 August 2014, take that decision in respect of calendar
years 2015 to 2019. They shall notify the Commission of
Gradual introduction of direct payments in Bulgaria and
any such decision by that date.
Romania
For Bulgaria and Romania, the ceilings fixed in accordance with
Articles 42, 47, 49, 51, 53 and 65 shall, for 2015, be established
Member States may decide to review the decisions referred to in
on the basis of the amount set out in point A of Annex V.
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
Article 17
with the first, second and third subparagraphs. Member States
Gradual introduction of direct payments in Croatia
shall notify the Commission of any decision based on such
review by 1 August 2017.
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
2. By
31
December
2013,
Member
States
which
do
not
take as applied from 2022:
the decision referred to in paragraph 1 may decide to make
available as direct payments up to 15 % or, in the case of
25 % in 2013,
Bulgaria, Estonia, Spain, Latvia, Lithuania, Poland, Portugal,
Romania, Slovakia, Finland, Sweden and the United Kingdom,
30 % in 2014,
up to 25 % of the amount allocated to support for measures
under rural development programming financed under the
EAFRD in the period 2015-2020, as specified in Regulation
35 % in 2015,
(EU) No 1305/2013. As a result, the corresponding amount
shall no longer be available for support measures under rural
40 % in 2016,
development programming.
50 % in 2017,
( 1 ) Regulation (EU) No 1308/2013 of the European Parliament and of
the Council of 17 december 2013 establishing a common organi
sation of the markets in agricultural products and repealing Council
60 % in 2018,
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).
70 % in 2019,

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80 % in 2020,
relevant support schemes and defining the level up to which the
complementary national direct payments may be paid.
90 % in 2021,
As regards complementary national direct payments intended to
100 % from 2022.
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
Article 18
referred to in Article 52(3) to which the complementary
national direct payments may relate.
Complementary national direct payments and direct
payments in Bulgaria and Romania
Those implementing acts shall be adopted without applying the
1. In
2015,
Bulgaria
and
Romania
may
use
national
direct procedure referred to in Article 71(2) or (3).
payments in order to complement payments granted under the
basic payment scheme referred to in Sections 1, 2 and 3 of
Chapter 1 of Title III. The total amount of those payments shall
6. The
eligibility
conditions
for
complementary
national
not exceed the relevant amount set out in point B of Annex V.
direct payments for Croatia shall be identical to those for
support under corresponding support schemes as laid down
2. In
2015,
Bulgaria
may
use
national
direct
payments
in in this Regulation.
order to complement payments granted under the crop-
specific payment for cotton referred to in Chapter 2 of Title
7. Complementary
national
direct
payments
for
Croatia
shall
IV. The total amount of those payments shall not exceed the
be subject to any adjustments which may be rendered necessary
amount set out in point C of Annex V.
by developments in the CAP. They shall be granted in
accordance with objective criteria and in such a way as to
3. Complementary
national
direct
payments
shall
be
granted ensure equal treatment between farmers and to avoid distortions
in accordance with objective criteria and in such a way as to
of the market and of competition.
ensure the equal treatment of farmers and to avoid distortions
of the market and of competition.
8. Croatia
shall
submit
a
report
providing
information
on
the
measures for the implementation of the complementary
Article 19
national direct payments by 30 June of the year following
their implementation. The report shall cover at least the
Complementary national direct payments for Croatia
following:
1. Subject
to
authorisation
by
the
Commission,
Croatia
may
complement any of the support schemes listed in Annex I,
where relevant.
(a) any changes in the situation affecting the complementary
national direct payments;
2. The
amount
of
complementary
national
direct
payments
which may be granted in a given year and for a given support
(b) for each complementary national direct payment, the
scheme shall be limited by a specific financial envelope. This
numbers of beneficiaries and the total amount of comple
envelope shall be established as the difference between:
mentary 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
(a) the amount of direct support available per support scheme
been granted;
concerned after the full introduction of direct payments in
accordance with Article 17 for the calendar year 2022, and
(c) a report on control measures applied in relation to the
complementary national direct payments granted.
(b) 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
Article 20
year concerned.
Special national de-mining reserve for Croatia
3. The
total
amount
of
complementary
national
direct 1. From
2015
onwards,
Croatia
shall
notify
the
Commission
payments granted shall not be higher than the ceiling set out
by 31 January of each year of the areas which have been
in point B of Annex VI for a corresponding calendar year.
identified in accordance with Article 57a(10) of Regulation
(EC) No 73/2009 and which were returned to use for agri
cultural activities in the previous calendar year.
4. Croatia
may
decide,
on
the
basis
of
objective
criteria
and
after authorisation by the Commission, on the amounts of
complementary national direct payments to be granted.
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
5. The
Commission
shall
adopt
implementing
acts
auth
unspent in the special national de-mining reserve on that
orising the payments under this Article, specifying the
same date.

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Where applicable, the notifications provided in the first and
TITLE III
second subparagraphs shall be made per region as defined in
accordance with Article 23(1) of this Regulation.
BASIC PAYMENT SCHEME, SINGLE AREA PAYMENT SCHEME
AND RELATED PAYMENTS
2. When
adapting
Annex
II
pursuant
to
Article
6(3),
the
CHAPTER 1
Commission shall calculate on a yearly basis the amount to
Basic payment scheme and single area payment scheme
be added to the amounts set for Croatia in that Annex in
order to finance the support to be granted under the schemes
listed in Annex I for the areas referred to in paragraph 1 of this
S e c t i o n 1
Article. This amount shall be calculated on the basis of the data
S e t t i n g u p o f t h e b a s i c p a y m e n t s c h e m e
notified by Croatia in accordance with paragraph 1 of this
Article and the estimated average direct payments per hectare
Article 21
in Croatia for the year concerned.
Payment entitlements
The maximum amount to be added in accordance with the first
1. Support
under
the
basic
payment
scheme
shall
be
subparagraph, on the basis of all the areas notified by Croatia in
available to farmers:
accordance with paragraph 1 of this Article until 2022, shall be
EUR 9 600 000 and shall be subject to the schedule of intro
duction of direct payments in accordance with Article 17. The
(a) who obtain payment entitlements under this Regulation
resulting maximum annual amounts are set out in Annex VII.
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
3. The
Commission
shall
adopt
implementing
acts
setting
the
pursuant to Article 30 or through transfer pursuant to
share of the amount to be added in accordance with paragraph
Article 34; or
2 which Croatia shall include in the special national de-mining
reserve in order to allocate payment entitlements for the areas
referred to in paragraph 1. That share shall be calculated on the
basis of the ratio between the ceiling for the basic payment
(b) who comply with Article 9 and hold owned or leased-in
scheme and the national ceiling set out in Annex II before
payment entitlements in a Member State which has decided,
the national ceiling's increase in accordance with paragraph 2.
in accordance with paragraph 3, to keep its existing
Those implementing acts shall be adopted in accordance with
payment entitlements.
the examination procedure referred to in Article 71(2).
2. Payment
entitlements
obtained
under
the
single
payment
4. For
the
years
2015
to
2022,
Croatia
shall
use
the
special scheme in accordance with Regulation (EC) No 1782/2003 and
national de-mining reserve to allocate payment entitlements to
with Regulation (EC) No 73/2009 shall expire on 31 December
farmers on the basis of de-mined land declared by the farmers
2014.
in the year in question where:
(a) such land consists of eligible hectares within the meaning of
3. By way of derogation from paragraph 2, Member States
Article 32(2) to (5);
which established the single payment scheme in accordance
with Section I of Chapter 5 of Title III or Chapter 6 of Title
III of Regulation (EC) No 1782/2003 or Chapter 3 of Title III of
(b) the land in question was returned to use for agricultural
Regulation (EC) No 73/2009 may, by 1 August 2014, decide to
activities during the previous calendar year; and
keep the existing payment entitlements. They shall notify any
such decision to the Commission by that date.
(c) the land has been notified to the Commission in accordance
with paragraph 1 of this Article.
4. As
regards
Member
States
which
take
the
decision
referred
to in paragraph 3, when the number of owned or leased-in
payment entitlements established in accordance with Regulation
5. The
value
of
the
payment
entitlements
established
under (EC) No 1782/2003 and with Regulation (EC) No 73/2009
this Article shall be the national or regional average value of
which a farmer holds on the final date for submission of appli
payment entitlements in the year of allocation within the limits
cations to be set in accordance with point (b) of the first
of the amount available in the special national de-mining
subparagraph of Article 78 of Regulation (EU) No 1306/2013
reserve.
exceeds the number of eligible hectares which the farmer
declares in his aid application in accordance with point (a) of
the first subparagraph of Article 72(1) of Regulation (EU)
6. In order to take account of the consequences of the return
No 1306/2013 for 2015, and which are at his disposal on a
of de-mined land to use for agricultural activities as notified by
date fixed by the Member State, which shall be no later than the
Croatia in accordance with this Article, the Commission shall be
date fixed in that Member State for amending such an aid
empowered to adopt delegated acts in accordance with
application, the number of payment entitlements exceeding
Article 70 adapting the amounts set out in Annex VI.
the number of eligible hectares shall expire on the latter date.

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Article 22
2. Member
States
shall
divide
the
annual
national
ceiling
for
the basic payment scheme referred to in Article 22(1) between
Basic payment scheme ceiling
the regions in accordance with objective and non-discriminatory
1. The
Commission
shall
adopt
implementing
acts
setting, criteria.
for each Member State, the annual national ceiling for the
basic payment scheme by deducting from the annual national
ceiling set out in Annex II the ceilings fixed in accordance with
Member States not applying Article 30(2) shall make that
Articles 42, 47, 49, 51 and 53. Those implementing acts shall
division after applying the linear reduction provided for in
be adopted in accordance with the examination procedure
Article 30(1).
referred to in Article 71(2).
2. For
each
Member
State,
the
amount
calculated
in 3. Member
States
may
decide
that
the
regional
ceilings
shall
accordance with the paragraph 1 of this Article may be
be subject to annual progressive modifications in accordance
increased by a maximum of 3 % of the relevant annual
with pre-established annual steps and objective and non-
national ceiling set out in Annex II after deduction of the
discriminatory criteria such as agricultural potential or environ
amount resulting from the application of Article 47(1) for the
mental criteria.
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 basic payment
4. To
the
extent
necessary
to
respect
the
applicable
regional
scheme pursuant to paragraph 1 of this Article. For that
ceilings determined in accordance with paragraph 2 or 3,
purpose, Member States shall notify the Commission by
Member States shall make a linear reduction or increase in
1 August 2014 of the annual percentages by which the
the value of the payment entitlements in each of the relevant
amount calculated pursuant to paragraph 1 of this Article is
regions.
to be increased.
3. Member
States
may
review
their
decision
referred
to
in
5. Member
States
applying
paragraph
1
may
decide
to
cease
paragraph 2 on an annual basis and shall notify the
the application of the basic payment scheme at regional level
Commission of any decision based on such review by 1
from a date to be set by them.
August of the year preceding its application.
6. Member States applying the first subparagraph
of
4.
For each Member State and each year, the total value of all
paragraph 1 shall notify the Commission of the decision
payment entitlements and the national reserve or the regional
referred to in that subparagraph and of the measures taken
reserves shall equal the respective annual national ceiling set by
for the application of paragraphs 2 and 3 by 1 August 2014.
the Commission pursuant to paragraph 1.
5. If the ceiling for a Member State set by the Commission
Member States applying the second subparagraph of paragraph
pursuant to paragraph 1 is different from that of the previous
1 shall notify the Commission of any decision referred to in
year as a result of any decision taken by that Member State in
that subparagraph and of the measures taken for the application
accordance with paragraph 3 of this Article, the third and
of paragraphs 2 and 3 by 1 August of the relevant year.
fourth subparagraphs of Article 14(1), the third and fourth
subparagraphs of Article 14(2), Article 42(1), the second
subparagraph of Article 49(1), the second subparagraph of
Member States applying paragraph 1 shall notify the
Article 51(1), or Article 53, that Member State shall linearly
Commission of any decision referred to in paragraph 5 by 1
reduce or increase the value of all payment entitlements in
August of the year preceding the first year of implementation of
order to ensure compliance with paragraph 4 of this Article.
that decision.
Article 23
Article 24
Regional allocation of the national ceilings
First allocation of payment entitlements
1. Member
States
may
decide,
by
1
August
2014,
to
apply
the basic payment scheme at regional level. In such cases, they
1. Payment
entitlements
shall
be
allocated
to
farmers
who
shall define the regions in accordance with objective and non-
are entitled to be granted direct payments in accordance with
discriminatory criteria such as their agronomic and socio-
Article 9 of this Regulation provided that:
economic characteristics, their regional agricultural potential,
or their institutional or administrative structure.
(a) they apply for allocation of payment entitlements under the
basic payment scheme by the final date for submission of
Member States applying Article 36 may take the decision
applications in 2015 to be set in accordance with point (b)
referred to in the first subparagraph by 1 August of the year
of the first subparagraph of Article 78 of Regulation (EU)
preceding the first year of implementation of the basic payment
No 1306/2013, except in case of force majeure or excep
scheme.
tional circumstances; and

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(b) they were entitled to receive payments, before any reduction
that, on the date fixed by the Member State in accordance
or exclusion provided for in Chapter 4 of Title II of Regu
with Article 11(2) of Regulation (EC) No 1122/2009 for the
lation (EC) No 73/2009, in respect of an aid application for
claim year 2013, they produced, reared or grew agricultural
direct payments, for transitional national aid or for comple
products, including through harvesting, milking, breeding
mentary national direct payments in accordance with Regu
animals and keeping animals for farming purposes.
lation (EC) No 73/2009 for 2013.
Member States may establish their own additional
objective and non-discriminatory eligibility criteria for this
category of farmers as regards appropriate skills, experience
The first subparagraph shall not apply in Member States
or education.
applying Article 21(3) of this Regulation.
2. Except
in
the
case
of
force
majeure
or
exceptional
circum
Member States may allocate payment entitlements to farmers
stances, the number of payment entitlements allocated per
who are entitled to be granted direct payments in accordance
farmer in 2015 shall be equal to the number of eligible
with Article 9 of this Regulation, who fulfil the condition
hectares, which the farmer declares in his aid application in
provided for in point (a) of the first subparagraph and who:
accordance with point (a) of the first subparagraph of
Article 72(1) of Regulation (EU) No 1306/2013 for 2015 and
which are at his disposal on a date fixed by the Member State.
(a) did not receive payments for 2013 in respect of an aid
That date shall be no later than the date fixed in that Member
application as referred to in the first subparagraph of this
State for amending such an aid application.
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 ( 1 ) for the claim year 2013:
3. Member
States
may
apply
one
or
more
of
the
limitations,
as set out in paragraphs 4 to 7, on the number of payment
entitlements to be allocated under paragraph 2.
(i) in Member States applying the single payment scheme:
— were producing fruits, vegetables, ware potatoes,
4. Member
States
may
decide
that
the
number
of
payment
seed potatoes or ornamental plants, and did so on
entitlements to be allocated shall be equal to either the number
a minimum area expressed in hectares if the Member
of eligible hectares which the farmer declared in accordance
State concerned decides to adopt such a
with Article 34(2) of Regulation (EC) No 73/2009 in 2013,
requirement, or
or the number of eligible hectares referred to in paragraph 2
of this Article, whichever is the lowest. For Croatia, the use of
this option shall be without prejudice to the allocation of
payment entitlements for de–mined hectares in accordance
— were cultivating vineyards; or
with Article 20(4) of this Regulation.
(ii) in Member States applying the single area payment
scheme, had only agricultural land that was not in
5. Where
the
total
number
of
eligible
hectares
referred
to
in
good agricultural condition on 30 June 2003 as
paragraph 2 of this Article declared in a Member State would
provided for in Article 124(1) of Regulation (EC)
result in an increase of more than 35 % of the total number of
No 73/2009;
eligible hectares declared in accordance with Article 35 of Regu
lation (EC) No 73/2009 in 2009, or in the case of Croatia in
2013, Member States may limit the number of payment
(b) in 2014, are allocated payment entitlements from the
entitlements to be allocated in 2015 to a minimum of either
national reserve under the single payment scheme
135 % or 145 % of the total number of eligible hectares
pursuant to Article 41 or 57 of Regulation (EC)
declared in 2009, or, in the case of Croatia, of the total
No 73/2009; or
number of eligible hectares declared in 2013, in accordance
with Article 35 of Regulation (EC) No 73/2009.
(c) never held owned or leased-in payment entitlements estab
lished under Regulation (EC) No 73/2009 or Regulation
When using this option, Member States shall allocate a reduced
(EC) No 1782/2003 and who submit verifiable evidence
number of payment entitlements to farmers. That number shall
be calculated by applying a proportional reduction to the
( 1 ) Commission Regulation (EC) No 1122/2009 of 30 November 2009
additional number of eligible hectares declared by each farmer
laying down detailed rules for the implementation of Council Regu
in 2015 compared to the number of eligible hectares within the
lation (EC) No 73/2009 as regards cross-compliance, modulation
meaning of Article 34(2) of Regulation (EC) No 73/2009 that
and the integrated administration and control system, under the
that farmer declared in his aid application in 2011 or, in the
direct support schemes for farmers provided for that Regulation,
case of Croatia, in 2013, without prejudice to the de-mined
as well as for the implementation of Council Regulation (EC)
No 1234/2007 as regards cross-compliance under the support
hectares for which payment entitlements are to be allocated
scheme provided for the wine sector (OJ L 316, 2.12.2009, p. 65).
in accordance with Article 20(4) of this Regulation.

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6. Member
States
may
decide
to
apply,
for
the
purposes
of The fixed percentage referred to in the first subparagraph shall
establishing the number of payment entitlements to be allocated
be calculated by dividing the national or regional ceiling for the
to a farmer, a reduction coefficient to those eligible hectares
basic payment scheme to be set in accordance with, respect
referred to in paragraph 2 which consist of permanent
ively, Article 22(1) or Article 23(2) of this Regulation for 2015,
grassland located in areas with difficult climate conditions,
after applying the linear reduction provided for in paragraph 1
especially due to their altitude and other natural constraints
or, where applicable, paragraph 2 of Article 30, by the national
such as poor soil quality, steepness and water supply.
ceiling for 2015 set out in Annex II. The payment entitlements
shall be expressed in a number that corresponds to a number of
hectares.
7. Member
States
may
decide
that
the
number
of
payment
entitlements to be allocated to a farmer shall be equal to the
number of eligible hectares referred to in paragraph 2 of this
2. By
way
of
derogation
from
the
calculation
method
Article which were not hectares of vineyards on the date fixed
referred to in paragraph 1, Member States may decide to differ
by the Member State in accordance with Article 11(2) of Regu
entiate the value of payment entitlements in 2015, excluding
lation (EC) No 1122/2009 for the claim year 2013 or hectares
those allocated from the national reserve or regional reserves in
of arable land under permanent greenhouses.
2015, for each relevant year on the basis of their initial unit
value as calculated in accordance with Article 26.
8. In the case of the sale or lease of their holding or part of
it, natural or legal persons complying with paragraph 1 of this
3. From
claim
year
2019
at
the
latest,
all
payment
Article may, by contract signed before the final date for
entitlements in a Member State or, where Article 23 is
submitting applications in 2015 to be set in accordance with
applied, in a region shall have a uniform unit value.
point (b) of the first subparagraph of Article 78 of Regulation
(EU) No 1306/2013, transfer the right to receive payment
entitlements in accordance with paragraph 1 of this Article to
one or more farmers provided that the latter comply with the
4. By
way
of
derogation
from
paragraph
3,
a
Member
State
conditions laid down in Article 9 of this Regulation.
may decide that payment entitlements with an initial unit value
as calculated in accordance with Article 26 that is lower than
90 % of the national or regional unit value in 2019 shall, for
claim year 2019 at the latest, have their unit value increased by
9. A
Member
State
may
decide
to
fix
a
minimum
size
per at least one third of the difference between their initial unit
holding, expressed in eligible hectares, in respect of which the
value and 90 % of the national or regional unit value in 2019.
farmer may apply for an allocation of payment entitlements.
That minimum size shall not exceed the threshold set out in
point (b) of Article 10(1) in conjunction with paragraph 2 of
that Article.
Member States may decide to set the percentage referred to in
the first subparagraph at a level higher than 90 % but not above
100 %.
10. Member States shall, where relevant, notify the
Commission of the decisions referred to in this Article by
1 August 2014.
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
11. The
Commission
shall
adopt
implementing
acts
laying threshold referred to in paragraph 7, result in a maximum
down rules on applications for the allocation of payment
decrease exceeding that threshold. In such cases, the
entitlements submitted in the year of allocation of payment
minimum unit value shall be set at a level necessary to
entitlements where those payment entitlements may not yet
respect that threshold.
be definitively established and where that allocation is affected
by specific circumstances. Those implementing acts shall be
adopted in accordance with the examination procedure
referred to in Article 71(2).
5. The
national
or
regional
unit
value
in
2019
referred
to
in
the paragraph 4 shall be calculated by dividing a fixed
percentage of the national ceiling set out in Annex II, or of
the regional ceiling, for calendar year 2019 by the number of
Article 25
payment entitlements in 2015 in the Member State or region
Value of payment entitlements and convergence
concerned, excluding those allocated from the national reserve
or regional reserves in 2015. That fixed percentage shall be
1. In
2015,
Member
States
shall
calculate
the
unit
value
of calculated by dividing the national or regional ceiling for the
payment entitlements by dividing a fixed percentage of the
basic payment scheme to be set in accordance with, respect
national ceiling set out in Annex II for each relevant year by
ively, Article 22(1) or Article 23(2) for the year 2015, after
the number of payment entitlements in 2015 at national or
applying the linear reduction provided for in paragraph 1 or,
regional level, excluding those allocated from the national
where applicable, paragraph 2 of Article 30, by the national
reserve or regional reserves in 2015.
ceiling set out in Annex II, or the regional ceiling, for 2015.

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6. The
regional
ceilings
referred
to
in
the
paragraph
5
shall accordance with Article 21(3) shall be set in accordance with
be calculated by applying a fixed percentage to the national
either of the methods set out in paragraphs 2 or 3.
ceiling set out in Annex II for the year 2019. That fixed
percentage shall be calculated by dividing the respective
regional ceilings established in accordance with Article 23(2)
for the year 2015 by the national ceiling to be set in accordance
2. A fixed percentage of the payments the farmer received
with Article 22(1) for the year 2015, after applying the linear
for 2014 under the single payment scheme, in accordance with
reduction provided for in Article 30(1) where the second
Regulation (EC) No 73/2009, before reductions and exclusions
subparagraph of Article 23(2) applies.
provided for in Chapter 4 of Title II of that Regulation, shall be
divided by the number of payment entitlements he is allocated
in 2015, excluding those allocated from the national reserve or
7. In order to finance the increases in the value of payment
regional reserves in 2015.
entitlements referred to in paragraph 4, where payment
entitlements have an initial unit value higher than the
national or regional unit value in 2019, the difference
between their initial unit value and the national or regional
That fixed percentage shall be calculated by dividing the
unit value in 2019 shall be decreased on the basis of
national or regional ceiling for the basic payment scheme to
objective and non-discriminative criteria to be determined by
be set in accordance with, respectively, Article 22(1) or
Member States. Such criteria may include the fixing of a
Article 23(2) of this Regulation for the year 2015, after
maximum decrease of the initial unit value of 30 %.
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
8. When
applying
paragraph
2
of
this
Article,
the
transition payment scheme in the Member State or region concerned,
from the initial unit value of payment entitlements as calculated
before reductions and exclusions provided for in Chapter 4 of
in accordance with Article 26 to their final unit value in 2019
Title II of Regulation (EC) No 73/2009.
as established in accordance with paragraph 3 or paragraphs 4
to 7 of this Article shall be made in equal steps starting from
2015.
3. A fixed percentage of the value of the entitlements,
including special entitlements, which the farmer held on the
In order to ensure compliance with the fixed percentage referred
date of submission of his application for 2014 under the
to in paragraph 1 of this Article for each year, the value of the
single payment scheme, in accordance with Regulation (EC)
payment entitlements with an initial unit value that is higher
No 73/2009, shall be divided by the number of payment
than the national or regional unit value in 2019 shall be
entitlements he is allocated in 2015, excluding those allocated
adjusted.
from the national reserve or regional reserves in 2015.
9. By way of derogation from paragraph 8 of this Article,
That fixed percentage shall be calculated by dividing the
where Member States which, in accordance with Article 21(3),
national or regional ceiling for the basic payment scheme to
decide to keep their existing entitlements apply paragraph 2 of
be set in accordance with, respectively, Article 22(1) or
this Article, the transition from the initial unit value of payment
Article 23(2) of this Regulation for the year 2015, after
entitlements as established in accordance with Article 26(5) to
applying the linear reduction provided for in paragraph 1 or,
their final unit value in 2019 as established in accordance with
where applicable, paragraph 2 of Article 30 of this Regulation,
paragraph 3 or paragraphs 4 to 7 of this Article shall, where
by the total value of all entitlements, including special entitle
applicable, be made by applying the steps decided nationally in
ments, in the Member State or region concerned for 2014,
accordance with Article 63(3) of Regulation (EC)
under the single payment scheme.
No 1782/2003.
In order to ensure compliance with the fixed percentage referred
For the purpose of this paragraph, a farmer shall be considered
to in paragraph 1 of this Article for each year, the value of all
to hold payment entitlements on the date of submission of his
payment entitlements shall be linearly adjusted.
application for 2014 where payment entitlements were
allocated or definitively transferred to him by that date.
10. In
2015,
Member
States
shall
inform
farmers
of
the
value of their payment entitlements as calculated in accordance
with this Article and Articles 26 and 27 for each year of the
4. Member
States
which
apply
the
single
area
payment
period covered by this Regulation.
scheme in calendar year 2014 shall calculate the initial unit
value of payment entitlements referred to in Article 25(2) of
this Regulation by dividing a fixed percentage of the total value
Article 26
of aid the farmer received for 2014 under the single area
Calculation of the initial unit value
payment scheme in accordance with Regulation (EC)
No 73/2009 and under Articles 132 and 133a of that Regu
1. The
initial
unit
value
of
payment
entitlements
referred
to lation, before reductions and exclusions provided for in Chapter
in Article 25(2) in Member States which apply the single
4 of Title II of that Regulation, by the number of payment
payment scheme in calendar year 2014 and which have not
entitlements he is allocated in 2015, excluding those allocated
decided to keep their existing payment entitlements in
from the national reserve or regional reserves in 2015.

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That fixed percentage shall be calculated by dividing the
Article 27
national or regional ceiling for the basic payment scheme to
be set in accordance with, respectively, Article 22(1) or
Inclusion of the special national de-mining reserve
Article 23(2) of this Regulation for the year 2015, after
For Croatia, any reference in Articles 25 and 26 to the national
applying the linear reduction provided for in paragraph 1 or,
reserve shall be read as including the special national de-mining
where applicable, paragraph 2 of Article 30 of this Regulation,
reserve referred to in Article 20.
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
In addition, the amount arising from the special national de-
the Member State or region concerned, before reductions and
mining reserve shall be deducted from the ceilings of the basic
exclusions provided for in Chapter 4 of Title II of that Regu
payment scheme referred to in the second subparagraph of
lation.
Article 25(1), in paragraphs 5 and 6 of that Article and in
Article 26.
5. Member States which apply the single payment scheme in
calendar year 2014 and which, in accordance with Article 21(3)
Article 28
of this Regulation, decide to keep their existing payment
entitlements shall calculate the initial unit value of payment
Windfall profit
entitlements referred to in Article 25(2) of this Regulation by
For the purposes of Article 25(4) to (7) and Article 26, a
multiplying the unit value of the entitlements by a fixed
Member State may, on the basis of objective criteria, provide
percentage. That fixed percentage shall be calculated by
that, in cases of sale or grant or expiry of all or part of a lease
dividing the national or regional ceiling for the basic payment
of agricultural areas after the date fixed pursuant to Article 35
scheme to be set in accordance with, respectively, Article 22(1)
or Article 124(2) of Regulation (EC) No 73/2009 and before the
or Article 23(2) of this Regulation for the year 2015, after
date fixed pursuant to Article 33(1) of this Regulation, the
applying the linear reduction provided for in paragraph 1 or,
increase, or part of the increase, in the value of payment
where applicable, paragraph 2 of Article 30 of this Regulation,
entitlements that would be allocated to the farmer concerned
by the amount of the payments for 2014 under the single
is to revert to the national reserve or regional reserves where
payment scheme in the Member State or region concerned,
the increase would lead to a windfall profit for the farmer
before reductions and exclusions provided for in Chapter 4 of
concerned.
Title II of Regulation (EC) No 73/2009.
Those objective criteria shall be established in such a way as to
6. For
the
purposes
of
calculation
methods
provided
for
in ensure the equal treatment of farmers and to avoid distortions
this Article, provided that the relevant sectors do not receive
of the market and of competition and shall include, at least, the
any voluntary coupled support pursuant to Title IV of this
following:
Regulation, Member States may also take into account the
support granted for calendar year 2014 under one or more
of the schemes pursuant to Article 52, Article 53(1) and
(a) a minimum duration for the lease; and
points (a) and (b) of Article 68(1) of Regulation (EC)
No 73/2009 and, as regards Member States which applied the
single area payment scheme in accordance with Regulation (EC)
(b) the proportion of the payment received which shall revert
No 73/2009, pursuant to point (c) of Article 68(1) and Articles
to the national reserve or regional reserves.
126, 127 and 129 of that Regulation.
Article 29
Member States which decide to apply the voluntary coupled
Notifications concerning the value of payment entitlements
support pursuant to Title IV of this Regulation may take into
and convergence
account the differences between the level of support granted in
calendar year 2014 and the level of support to be granted in
Member States shall notify the Commission of any decision
accordance with Title IV of this Regulation when applying a
referred to in Articles 25, 26 and 28 by 1 August 2014.
calculation method provided for in this Article, provided that:
S e c t i o n 2
(a) the voluntary coupled support pursuant to Title IV of this
N a t i o n a l r e s e r v e a n d r e g i o n a l r e s e r v e s
Regulation is granted to a sector which was granted support
in calendar year 2014 pursuant to Article 52, Article 53(1)
Article 30
and points (a) and (b) of Article 68(1) and, for Member
States which applied the single area payment scheme,
Establishment and use of the national reserve or regional
pursuant to point (c) of Article 68(1) and Articles 126,
reserves
127 and 129 of Regulation (EC) No 73/2009; and
1. Each Member State shall establish a national reserve. In
order to do so, Member States shall proceed, in the first year of
implementation of the basic payment scheme, to a linear
(b) the amount per unit of the voluntary coupled support is
percentage reduction of the basic payment scheme ceiling at
lower than the amount per unit of the support in 2014.
national level.

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2. By
way
of
derogation
from
paragraph
1,
Member
States
(EC) No 1782/2003 and with Regulation (EC) No 73/2009
exercising the option in Article 23(1) may establish regional
that they hold on the final date for submission of appli
reserves. In order to do so, Member States shall proceed, in
cations to be set in accordance with point (b) of the first
the first year of implementation of the basic payment scheme,
subparagraph of Article 78 of Regulation (EU)
to a linear percentage reduction of the relevant basic payment
No 1306/2013;
scheme ceiling at regional level referred to in the first
subparagraph of Article 23(2).
(e) linearly increase, on a permanent basis, the value of all
3. The reduction referred to in paragraphs 1 and 2 shall not
payment entitlements under the basic payment scheme at
be higher than 3 %, unless a higher percentage is required to
national or regional level if the relevant national or regional
cover any allocation needs pursuant to paragraph 6 or to points
reserve exceeds 0,5 % of the annual national or regional
(a) and (b) of paragraph 7 for the year 2015 or, for Member
ceiling for the basic payment scheme, provided that
States applying Article 36, for the first year of implementation
sufficient amounts remain available for allocations under
of the basic payment scheme.
paragraph 6, under points (a) and (b) of this paragraph
and under paragraph 9 of this Article;
4. Member
States
shall
allocate
payment
entitlements
from
their national or regional reserves in accordance with objective
(f) cover the yearly needs for payments to be granted in
criteria and in such a way as to ensure the equal treatment of
accordance with Article 51(2) and Article 65(1), (2) and
farmers and to avoid distortions of the market and of
(3) of this Regulation.
competition.
5. Payment
entitlements
referred
to
in
paragraph
4
shall
only For the purpose of this paragraph, Member States shall decide
be allocated to farmers entitled to be granted direct payments in
on the priorities between the different uses referred to herein.
accordance with Article 9.
8. When applying paragraph 6 and points (a), (b) and (d) of
6. Member
States
shall
use
their
national
or
regional
reserves paragraph 7, Member States shall fix the value of payment
to allocate payment entitlements, as a matter of priority, to
entitlements allocated to farmers at the national or regional
young farmers and to farmers commencing their agricultural
average value of payment entitlements in the year of allocation.
activity.
7. Member
States
may
use
their
national
or
regional
reserves
to:
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
(a) allocate payment entitlements to farmers in order to prevent
of the national reserve or regional reserves and, in the case of
land from being abandoned, including in areas subject to
Croatia, the special de-mining reserve, by the number of
restructuring or development programmes relating to a
allocated payment entitlements.
form of public intervention;
(b) allocate payment entitlements to farmers in order to
Member States shall fix the steps for annual progressive modi
compensate them for specific disadvantages;
fications 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
(c) allocate payment entitlements to farmers who were
payment scheme set in accordance with, respectively,
prevented from being allocated payment entitlements
Article 22(1) and Article 23(2) that result from the variations
under this Chapter as a result of force majeure or excep
in the level of the national ceilings set out in Annex II.
tional circumstances;
9. Where
a
farmer
is
entitled
to
receive
payment
entitlements
(d) allocate, in cases where they apply Article 21(3) of this
or to increase the value of the existing ones by virtue of a
Regulation, payment entitlements to farmers whose
definitive court ruling or by virtue of a definitive administrative
number of eligible hectares that they declared in 2015 in
act of the competent authority of a Member State, the farmer
accordance with point (a) of the first subparagraph of
shall receive the number and value of payment entitlements
Article 72(1) of Regulation (EU) No 1306/2013 and that
established in that ruling or act at a date to be fixed by the
are at their disposal on a date fixed by the Member State,
Member State. However, that date shall not be later than the
which shall be no later than the date fixed in that Member
latest date for lodging an application under the basic payment
State for amending such an aid application, is higher
scheme following the date of the court ruling or the adminis
than the number of owned or leased-in payment
trative act, taking into account the application of Articles 32
entitlements established in accordance with Regulation
and 33.

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10. When
applying
paragraph
6,
points
(a)
and
(b)
of (c) payment entitlements voluntarily returned by farmers;
paragraph 7 and paragraph 9, Member States may either
allocate new entitlements or increase the unit value of all of
the existing entitlements of a farmer up to the national or
(d) the application of Article 28 of this Regulation;
regional average value.
(e) unduly allocated payment entitlements in accordance with
11. For the purposes of this Article, the following definitions
Article 63 of Regulation (EU) No 1306/2013;
shall apply:
(f) a linear reduction of the value of payment entitlements
(a) 'young farmers' means farmers fulfilling the conditions laid
under the basic payment scheme at national or regional
down in Article 50(2) and, where relevant, the conditions
level where the national reserve or regional reserves are
referred to in Article 50(3) and (11);
not sufficient to cover the cases referred to in Article 30(9)
of this Regulation;
(b) 'farmers commencing their agricultural activity' means
natural or legal persons who, in the five years preceding
(g) where Member States consider it necessary, a linear
the start of the agricultural activity, did not have any agri
reduction of the value of payment entitlements under the
cultural activity in their own name and at their own risk or
basic payment scheme at national or regional level to cover
did not have the control of a legal person exercising an
cases referred to in Article 30(6) of this Regulation;
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
(h) the application of Article 34(4) of this Regulation.
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
2. The
Commission
shall
adopt
implementing
acts
laying
activity by the legal person; Member States may establish
down necessary measures regarding the reversion of non-
their own additional objective and non-discriminative eligi
activated payment entitlements to the national reserve or
bility criteria for this category of farmers as regards appro
regional reserves. Those implementing acts shall be adopted in
priate skills, experience or education.
accordance with the examination procedure referred to in
Article 71(2).
Article 31
S e c t i o n 3
Replenishment of the national reserve or regional reserves
I m p l e m e n t a t i o n o f t h e b a s i c p a y m e n t
1. The
national
reserve
or
regional
reserves
shall
be
s c h e m e
replenished by amounts resulting from:
Article 32
(a) payment entitlements not giving right to payments during
Activation of payment entitlements
two consecutive years due to the application of:
1. Support
under
the
basic
payment
scheme
shall
be
granted
to farmers, by means of declaration in accordance with
Article 33(1), upon activation of a payment entitlement per
(i) Article 9,
eligible hectare in the Member State where it has been allocated.
Activated payment entitlements shall give a right to the annual
payment of the amounts fixed therein, without prejudice to the
application of financial discipline, of reduction of payments in
(ii) Article 10(1), or
accordance with Article 11 and of linear reductions in
accordance with Article 7, Article 51(2) and point (c) of
Article 65(2) of this Regulation, and to the application of
(iii) Article 11(4) of this Regulation;
Article 63 of Regulation (EU) No 1306/2013.
(b) a number of payment entitlements equivalent to the total
2. For
the
purposes
of
this
Title, 'eligible hectare' means:
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
(a) any agricultural area of the holding, including areas that
where their activation has been prevented by force
were not in good agricultural condition on 30 June 2003
majeure or exceptional circumstances; when establishing
in Member States acceding to the Union on 1 May 2004
the owned or leased-in payment entitlements held by a
that opted upon accession to apply the single area payment
farmer that shall revert to the national reserve or regional
scheme, that is used for an agricultural activity or, where the
reserves, priority shall be given to those entitlements which
area is also used for non-agricultural activities, is predomi
have the lowest value;
nantly used for agricultural activities; or

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(b) any area which gave a right to payments in 2008 under the
Article 33
single payment scheme or the single area payment scheme
laid down, respectively, in Titles III and IVA of Regulation
Declaration of eligible hectares
(EC) No 1782/2003, and which:
1.
For the purposes of the activation of payment entitlements
provided for in Article 32(1), the farmer shall declare the parcels
corresponding to the eligible hectares accompanying any
(i) no longer complies with the definition of 'eligible
payment entitlement. Except in the case of force majeure or
hectare' under point (a) as a result of the implemen
exceptional circumstances, the parcels declared shall be at the
tation of Directive 92/43/EEC, Directive 2000/60/EC
farmer's disposal on a date fixed by the Member State, which
and Directive 2009/147/EC;
shall be no later than the date fixed in that Member State for
amending the aid application as referred to in Article 72(1) of
Regulation (EU) No 1306/2013.
(ii) 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
2. Member
States
may,
in
duly
justified
circumstances,
Regulation (EC) No 1698/2005 or to Article 22 of
authorise the farmer to modify his declaration provided that
Regulation (EU) No 1305/2013 or under a national
he maintains at least the number of hectares corresponding to
scheme the conditions of which comply with
his payment entitlements and respects the conditions for
Article 43(1), (2) and (3) of Regulation (EC)
granting the payment under the basic payment scheme for
No 1698/2005 or Article 22 of Regulation (EU)
the area concerned.
No 1305/2013; or
Article 34
(iii) for the duration of the relevant commitment of the
Transfer of payment entitlements
individual farmer, is set aside pursuant to Articles 22,
23 and 24 of Regulation (EC) No 1257/1999, to
1. Payment
entitlements
may
be
transferred
only
to
a
farmer
Article 39 of Regulation (EC) No 1698/2005 or to
entitled to be granted direct payments in accordance with
Article 28 of Regulation (EU) No 1305/2013.
Article 9 established in the same Member State, except in the
case of transfer by actual or anticipated inheritance.
3. For
the
purposes
of
point
(a)
of
paragraph
2:
Payment entitlements, including in the case of actual or
anticipated inheritance, may be activated only in the Member
State where they were allocated.
(a) 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
2. Where
Member
States
exercise
the
option
in
Article
23(1),
those agricultural activities can be exercised without being
payment entitlements may be transferred or activated only
significantly hampered by the intensity, nature, duration and
within the same region, except in the case of actual or
timing of the non-agricultural activities;
anticipated inheritance.
(b) Member States may draw up a list of areas which are
Payment entitlements, including in the case of actual or
predominantly used for non-agricultural activities.
anticipated inheritance, may be activated only in the region
where they were allocated.
Member States shall establish criteria for the implementation of
this paragraph on their territory.
3. Member
States
not
exercising
the
option
in
Article
23(1)
may decide that payment entitlements may be transferred or
activated only within the same region, except in the case of
4. Areas shall be considered to be eligible hectares only if
actual or anticipated inheritance.
they comply with the definition of eligible hectare throughout
the calendar year, except in the case of force majeure or excep
tional circumstances.
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.
5. For
the
purposes
of
determining 'eligible hectare', Member
States having taken the decision referred to in the second
subparagraph of Article 4(2) may apply a reduction coefficient
4. Where
payment
entitlements
are
transferred
without
land,
to convert the hectares concerned into 'eligible hectares'.
Member States may, acting in compliance with the general
principles of Union law, decide that a part of the payment
entitlements transferred are to revert to the national reserve
6. Areas
used
for
the
production
of
hemp
shall
only
be or regional reserves or that their unit value is to be reduced
eligible hectares if the varieties used have a tetrahydrocan
in favour of the national reserve or regional reserves. Such
nabinol content not exceeding 0,2 %.
reduction may be applied to one or more types of transfer.

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5. The
Commission
shall
adopt
implementing
acts
laying (h) criteria for setting the reduction coefficient referred to in
down detailed rules governing the notification by farmers of
Article 32(5).
transfer of payment entitlements to the national authorities
and the deadlines within which such notification is to take
place. Those implementing acts shall be adopted in accordance
with the examination procedure referred to in Article 71(2).
2. In
order
to
ensure
the
proper
management
of
payment
entitlements, the Commission shall be empowered to adopt
delegated acts in accordance with Article 70 laying down
Article 35
rules on the content of the declaration and the requirements
Delegated powers
for the activation of payment entitlements.
1. 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
3. In
order
to
preserve
public
health,
the
Commission
shall
delegated acts in accordance with Article 70 concerning:
be empowered to adopt delegated acts in accordance with
Article 70 laying down rules making the granting of
payments conditional upon the use of certified seeds of
(a) rules on eligibility and access in respect of the basic
certain hemp varieties and the procedure for the determination
payment scheme of farmers in the case of inheritance and
of hemp varieties and the verification of their tetrahydrocan
anticipated inheritance, inheritance under a lease, change of
nabinol content referred to in Article 32(6).
legal status or denomination, transfer of payment entitle
ments, merger or scission of the holding, and the appli
cation of the contract clause referred to in Article 24(8);
S e c t i o n 4
(b) rules on the calculation of the value and number or on the
S i n g l e a r e a p a y m e n t s c h e m e
increase or reduction in the value of payment entitlements
in relation to the allocation of payment entitlements under
Article 36
any provision of this Title, including rules:
Single area payment scheme
1. Member States applying in 2014 the single area payment
(i) on the possibility of a provisional value and number or
scheme laid down in Chapter 2 of Title V of Regulation (EC)
of a provisional increase of payment entitlements
No 73/2009 may, under the conditions set out in this Regu
allocated on the basis of the application from the
lation, decide to continue to apply that scheme until
farmer,
31 December 2020 at the latest. They shall notify the
Commission of their decision and of the end date of the appli
cation of that scheme by 1 August 2014.
(ii) on the conditions for establishing the provisional and
definitive value and number of the payment entitle
ments,
During the period of application of the single area payment
scheme, Sections 1, 2 and 3 of this Chapter shall not apply
(iii) on the cases where a sale or lease contract may affect
to those Member States, with the exception of the second
the allocation of payment entitlements;
subparagraph of Article 23(1), Article 23(6) as well as
Article 32(2) to (6).
(c) rules on the establishment and calculation of the value and
number of payment entitlements received from the national
reserve or regional reserves;
2. The
single
area
payment
shall
be
granted
on
an
annual
basis for each eligible hectare declared by the farmer in
(d) rules on the modification of the unit value of payment
accordance with point (a) of the first subparagraph of
entitlements in the case of fractions of payment entitlements
Article 72(1) of Regulation (EU) No 1306/2013. It shall be
and in the case of transfer of payment entitlements referred
calculated each year by dividing the annual financial envelope
to in Article 34(4);
established in accordance with paragraph 4 of this Article by
the total number of eligible hectares declared in the Member
State concerned in accordance with point (a) of the first
(e) criteria for applying options under points (a), (b) and (c) of
subparagraph of Article 72(1) of Regulation (EU)
the third subparagraph of Article 24(1);
No 1306/2013.
(f) criteria for applying limitations on the number of payment
entitlements to be allocated in accordance with Article 24(4)
3. By way of derogation from paragraph 2 of this Article,
to (7);
Member States that decide to apply Article 38 of this Regulation
from 1 January 2018 at the latest may use, for the period
during which they apply this Article, up to 20 % of the
(g) criteria for the allocation of payment entitlements pursuant
annual financial envelope referred to in paragraph 2 of this
to Article 30(6) and (7);
Article to differentiate the single area payment per hectare.

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When doing so, they shall take into account the support
— 70 % in 2016,
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.
— 65 % in 2017,
— 60 % in 2018,
Cyprus may differentiate the aid taking into account the sector-
specific financial envelopes set out in Annex XVIIa of Regu
lation (EC) No 73/2009, reduced by any aid granted to the
— 55 % in 2019,
same sector pursuant to Article 37 of this Regulation.
— 50 % in 2020.
4. The
Commission
shall
adopt
implementing
acts
setting,
for each Member State, the annual national ceiling for the
For Cyprus, the percentage shall be calculated on the basis of
single area payment scheme by deducting from the annual
the sector-specific financial envelopes set out in Annex XVIIa to
national ceiling set out in Annex II the ceilings fixed in
Regulation (EC) No 73/2009.
accordance with Articles 42, 47, 49, 51 and 53. Those imple
menting acts shall be adopted in accordance with the exam
ination procedure referred to in Article 71(2).
5. Paragraphs
2
and
3
shall
not
apply
to
Cyprus.
6. Member
States
shall
notify
any
decision
referred
to
in
5. Except
in
the
case
of
force
majeure
or
exceptional
circum
paragraph 1 to the Commission by 31 March of each year.
stances, the hectares referred to in paragraph 2 shall be at the
The notification shall include the following information:
farmer's disposal on a date fixed by the Member State, which
shall be no later than the date fixed in that Member State for
amendment of the aid application referred to in Article 72(1) of
(a) the sector-specific financial envelope;
Regulation (EU) No 1306/2013.
(b) the maximum rate of transitional national aid, where appro
priate.
6. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 70 concerning rules on eligi
bility and the access of farmers to the single area payment
7. Member
States
may
decide,
on
the
basis
of
objective
scheme.
criteria and within the limits set out in paragraph 4, on the
amounts of transitional national aid to be granted.
Article 37
S e c t i o n 5
Transitional national aid
I m p l e m e n t a t i o n o f t h e b a s i c p a y m e n t
1. Member States applying the single area payment scheme
s c h e m e i n t h e m e m b e r s t a t e s h a v i n g
in accordance with Article 36 may decide to grant transitional
a p p l i e d t h e s i n g l e a r e a p a y m e n t s c h e m e
national aid in the period 2015-2020.
Article 38
Introduction of the basic payment scheme in the Member
2. Transitional
national
aid
may
be
granted
to
farmers
in
States having applied the single area payment scheme
sectors in respect of which this aid or, in the case of Bulgaria
and Romania, complementary national direct payments were
Save as otherwise provided for in this Section, this Title shall
granted in 2013.
apply to the Member States having applied the single area
payment scheme provided for in Section 4 of this Chapter.
3. The conditions for granting transitional national aid shall
be identical to those authorised for the granting of payments
Articles 24 to 29 shall not apply to those Member States.
pursuant to Article 132(7) or Article 133a of Regulation (EC)
No 73/2009 in respect of 2013, with the exception of the
Article 39
reduction of the payments resulting from the application of
Article 132(2) in conjunction with Articles 7 and 10 of that
First allocation of payment entitlements
Regulation.
1. 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:
4. 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-
(a) they apply for allocation of payment entitlements under the
specific financial envelopes authorised by the Commission in
basic payment scheme by a final date for submission of
accordance with Article 132(7) or Article 133a(5) of Regulation
applications to be set in accordance with point (b) of the
(EC) No 73/2009 in 2013:
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
— 75 % in 2015,
exceptional circumstances; and

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(b) they were entitled to receive payments, before any reduction
number of payment entitlements in the first year of implemen
or exclusion provided for in Chapter 4 of Title II of Regu
tation of the basic payment scheme, excluding those allocated
lation (EC) No 73/2009, in respect of an aid application for
from the national reserve or regional reserves.
direct payments, for transitional national aid or for comple
mentary national direct payments in accordance with Regu
lation (EC) No 73/2009 for 2013.
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, respect
ively, Article 22(1) or Article 23(2) of this Regulation for the
Member States may allocate payment entitlements to farmers
first year of implementation of the basic payment scheme, after
who are entitled to be granted direct payments in accordance
applying the linear reduction provided for in paragraph 1 or,
with Article 9 of this Regulation, who fulfil the condition
where applicable, paragraph 2 of Article 30 by the national
provided for in point (a) of the first subparagraph, who did
ceiling set out in Annex II for the first year of implementation
not receive payments for 2013 in respect of an aid application
of the basic payment scheme. The payment entitlements shall
referred to in point (b) of the first subparagraph of this
be expressed in a number that corresponds to a number of
paragraph and who, on the date fixed by the Member State
hectares.
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)
2. By
way
of
derogation
from
the
calculation
method
No 73/2009.
referred to in paragraph 1, Member States may decide to differ
entiate the value of payment entitlements in the first year of
implementation of the basic payment scheme, excluding those
allocated from the national reserve or regional reserves for each
2. Except
in
the
case
of
force
majeure
or
exceptional
circum
relevant year, on the basis of their initial unit value.
stances, the number of payment entitlements allocated per
farmer in the first year of implementation of the basic
payment scheme shall be equal to the number of eligible
3. The
initial
unit
value
of
payment
entitlements
referred
to
hectares which the farmer declares in his aid application in
in paragraph 2 shall be set by dividing a fixed percentage of the
accordance with point (a) of the first subparagraph of
total value of aid, excluding aid pursuant to Articles 41, 43, 48
Article 72(1) of Regulation (EU) No 1306/2013 for the first
and 50 and Title IV of this Regulation, received by a farmer in
year of implementation of the basic payment scheme and
accordance with this Regulation for the calendar year preceding
which are at his disposal on a date fixed by the Member
the implementation of the basic payment scheme, before the
State. That date shall be no later than the date fixed in that
application of Article 63 of Regulation (EU) No 1306/2013, by
Member State for amending such aid application.
the number of payment entitlements allocated to that farmer in
the first year of implementation of the basic payment scheme,
excluding those allocated from the national reserve or regional
reserves.
3. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 70 laying down further rules on
the introduction of the basic payment scheme in Member States
That fixed percentage shall be calculated by dividing the
having applied the single area payment scheme.
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 implemen
tation of the basic payment scheme, after applying the linear
4. The
Commission
shall
adopt
implementing
acts
laying reduction provided for in paragraph 1 or, where applicable,
down rules on applications for the allocation of payment
paragraph 2 of Article 30, by the total value of aid, excluding
entitlements submitted in the year of allocation of payment
aid pursuant to Articles 41, 43, 48 and 50 and Title IV of this
entitlements where those payment entitlements may not yet
Regulation, granted for the calendar year preceding the imple
be definitively established and where that allocation is affected
mentation of the basic payment scheme within the Member
by specific circumstances.
State or region concerned, before the application of Article 63
of Regulation (EU) No 1306/2013.
Those implementing acts shall be adopted in accordance with
4. When
applying
paragraph
2,
Member
States,
acting
in
the examination procedure referred to in Article 71(2).
compliance with the general principles of Union law, shall
move towards approximating the value of the payment
entitlements at national or regional level. To this end,
Member States shall fix the steps to be taken and the method
Article 40
of calculation to be used and shall notify them to the
Value of payment entitlements
Commission by 1 August of the year preceding the implemen
tation of the basic payment scheme. Those steps shall include
1. In the first year of implementation of the basic payment
annual progressive modifications of the initial value of payment
scheme, Member States shall calculate the unit value of payment
entitlements referred to in paragraph 3 in accordance with
entitlements by dividing a fixed percentage of the national
objective and non-discriminatory criteria, starting from the
ceiling set out in Annex II for each relevant year by the
first year of implementation of the basic payment scheme.

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In the first year of implementation of the basic payment
4. The
redistributive
payment
shall
be
calculated
each
year
by
scheme, Member States shall inform the farmers of the value
Member States by multiplying a figure to be set by the Member
of their entitlements, calculated in accordance with this Article,
State, which shall not be higher than 65 % of the national or
for each year of the period covered by this Regulation.
regional average payment per hectare, by the number of
payment entitlements activated by the farmer in accordance
with Article 33(1) or by the number of eligible hectares
declared by the farmer in accordance with Article 36(2). The
5. For
the
purposes
of
paragraph
3,
a
Member
State
may,
on number of such payment entitlements or hectares shall not
the basis of objective criteria, provide that, in cases of sale or
exceed a maximum to be set by Member States which shall
grant or expiry of all or part of a lease of agricultural areas after
not be higher than 30 hectares or the average size of agri
the date fixed pursuant to Article 36(5) and before the date
cultural holdings set out in Annex VIII if that average size
fixed pursuant to Article 33(1), the increase, or a part thereof,
exceeds 30 hectares in the Member State concerned.
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.
5. Provided that the maximum limits set out in paragraph 4
are respected, Member States may, at national level, establish a
Those objective criteria shall be established in such a way as to
graduation in the number of hectares set in accordance with
ensure the equal treatment of farmers and to avoid distortions
that paragraph, which shall apply identically to all farmers.
of the market and of competition and shall include, at least, the
following:
6. The
national
average
payment
per
hectare
referred
to
in
(a) a minimum duration for the lease;
paragraph 4 of this Article 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.
(b) the proportion of the payment received which is to revert to
the national reserve or regional reserves.
The regional average payment per hectare referred to in
CHAPTER 2
paragraph 4 of this Article shall be established by the
Redistributive payment
Member States by using a share of the national ceiling set out
in Annex II for calendar year 2019 and the number of eligible
Article 41
hectares declared in the region concerned in accordance with
Article 33(1) in 2015. For each region, this share shall be
General rules
calculated by dividing the respective regional ceiling set in
accordance with Article 23(2) by the national ceiling set in
1. Member
States
may
decide
by
1
August
of
any
given
year accordance with Article 22(1), after applying the linear
to grant, from the following year, an annual payment to farmers
reduction provided for in paragraph 1 of Article 30 where
who are entitled to a payment under the basic payment scheme
paragraph 2 of that Article is not applied.
referred to in Sections 1, 2, 3 and 5 of Chapter 1 or under the
single area payment scheme referred to in Section 4 of Chapter
1 ("the redistributive payment").
7.
Member States shall ensure that no advantage provided for
under this Chapter is granted to farmers in respect of whom it
Member States shall notify the Commission of any such
is established that, after 18 October 2011, they divided their
decision by the date referred to in the first subparagraph.
holding with the sole purpose of benefiting from the redis
tributive payment. This shall also apply to farmers whose
holdings result from that division.
2. Member
States
which
have
decided
to
apply
the
basic
payment scheme at regional level in accordance with Article 23
may apply the redistributive payment at regional level.
8.
In the case of a legal person, or a group of natural or legal
persons, Member States may apply the maximum number of
3. Without
prejudice
to
the
application
of
financial
disci
payment entitlements or hectares referred to in paragraph 4 at
pline, of reduction of payments in accordance with Article 11,
the level of the members of those legal persons or groups where
of linear reductions as referred in Article 7 of this Regulation,
national law provides for the individual members to assume
and to the application of Article 63 of Regulation (EU)
rights and obligations comparable to those of individual
No 1306/2013, the redistributive payment shall be granted
farmers who have the status of a head of holding, in particular
annually upon activation of payment entitlements by the
as regards their economic, social and tax status, provided that
farmer, or, in Member States applying Article 36 of this Regu
they have contributed to strengthening the agricultural
lation, upon declaration of eligible hectares by the farmer.
structures of the legal persons or groups concerned.

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Article 42
Chapter I of Title VI of Regulation (EU) No 1306/2013,
which aim to meet objectives relating to soil and water
Financial provisions
quality, biodiversity, landscape preservation, and climate
1. In
order
to
finance
the
redistributive
payment,
Member
change mitigation and adaptation. Those certification
States may decide, by the date referred to in Article 41(1), to
schemes may include the practices listed in Annex IX to
use up to 30 % of the annual national ceiling set out in Annex
this Regulation, the practices referred to in paragraph 2 of
II. They shall notify the Commission of any such decision by
this Article, or a combination of those practices.
that date.
4. The
equivalent
practices
referred
to
in
paragraph
3
shall
2. On the basis of the percentage of the national ceiling to
not be the subject of double funding.
be used by Member States pursuant to paragraph 1 of this
Article, the Commission shall adopt implementing acts fixing
the corresponding ceilings for the redistributive payment on a
yearly basis. Those implementing acts shall be adopted in
5. Member
States
may
decide,
including,
where
appropriate,
accordance with the examination procedure referred to in
at regional level, to restrict the choice of the farmers to use the
Article 71(2).
options referred to in points (a) and (b) of paragraph 3.
CHAPTER 3
6. Member
States
may
decide,
including,
where
appropriate,
Payment for agricultural practices beneficial for the climate
at regional level, that farmers shall carry out all of their relevant
and the environment
obligations under paragraph 1 in accordance with national or
regional environmental certification schemes referred to in point
(b) of paragraph 3.
Article 43
General rules
1. Farmers
entitled
to
a
payment
under
the
basic
payment 7. Subject to the decisions of Member States referred to in
scheme or the single area payment scheme shall observe, on all
paragraphs 5 and 6, a farmer may observe one or more of the
their eligible hectares within the meaning of Article 32(2) to (5),
practices referred to in point (a) of paragraph 3 only if these
the agricultural practices beneficial for the climate and the
fully replace the related practice or practices referred to in
environment referred to in paragraph 2 of this Article or the
paragraph 2. A farmer may use certification schemes referred
equivalent practices referred to in paragraph 3 of this Article.
to in point (b) of paragraph 3 only if these cover the entire
obligation referred to in paragraph 1.
2. The
agricultural
practices
beneficial
for
the
climate
and
the
environment shall be the following:
8. Member
States
shall
notify
the
Commission
of
their
decisions referred to in paragraphs 5 and 6 and of the
specific commitments or certification schemes which they
(a) crop diversification;
intend to apply as equivalent practices within the meaning of
paragraph 3.
(b) maintaining existing permanent grassland; and
The Commission shall assess whether the practices included in
(c) having ecological focus area on the agricultural area.
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 imple
3. The
equivalent
practices
shall
be
those
which
include menting acts adopted without applying the procedure referred
similar practices that yield an equivalent or higher level of
to in Article 71(2) or (3). Where the Commission notifies a
benefit for the climate and the environment compared to one
Member State that those practices are not covered by the list
or several of the practices referred to in paragraph 2. Those
in Annex IX, that Member State shall not recognise as
equivalent practices and the practice or practices referred to in
equivalent practices within the meaning of paragraph 3 of
paragraph 2 to which they are equivalent are listed in Annex IX
this Article the specific commitments or certification schemes
and shall be covered by any of the following:
covered by the Commission notification.
(a) commitments undertaken in accordance with either
9. Without prejudice to paragraphs 10 and 11 of this Article,
Article 39(2) of Regulation (EC) No
1698/2005 or
to the application of financial discipline and of linear reductions
Article 28(2) of Regulation (EU) No 1305/2013;
in accordance with Article 7 of this Regulation and to the
application of Article 63 of Regulation (EU) No 1306/2013,
Member States shall grant the payment referred to in this
(b) national or regional environmental certification schemes,
Chapter to farmers who observe the practices referred to in
including those for the certification of compliance with
paragraph 1 of this Article that are relevant for them, and to
national environmental legislation, going beyond the
the extent that those farmers comply with Articles 44, 45 and
relevant mandatory standards established pursuant to
46 of this Regulation.

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This payment shall take the form of an annual payment per
13. The
Commission
shall
adopt
implementing
acts
estab
eligible hectare declared in accordance with Article 33(1) or
lishing rules on the procedure for the notifications, including
Article 36(2), the amount of which shall be calculated
on timetables for their submission, and the Commission
annually by dividing the amount resulting from the application
assessment referred to in paragraph 8. Those implementing
of Article 47 by the total number of eligible hectares declared in
acts shall be adopted in accordance with the examination
accordance with Article 33(1) or Article 36(2) in the Member
procedure referred to in Article 71(2).
State or the region concerned.
Article 44
By way of derogation from the second subparagraph, Member
States deciding to apply Article 25(2) may decide to grant the
Crop diversification
payment referred to in this paragraph as a percentage of the
1. Where the arable land of the farmer covers between 10
total value of the payment entitlements that the farmer has
and 30 hectares and is not entirely cultivated with crops under
activated in accordance with Article 33(1) for each relevant
water for a significant part of the year or for a significant part
year.
of the crop cycle, there shall be at least two different crops on
that arable land. The main crop shall not cover more than 75 %
of that arable land.
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
Where the arable land of the farmer covers more than 30
entitlements activated in accordance with Article 33(1) in that
hectares and is not entirely cultivated with crops under water
Member State or region.
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
10. Farmers
whose
holdings
are
fully
or
partly
situated
in that arable land and the two main crops together shall not
areas covered by Directives 92/43/EEC, 2000/60/EC, or
cover more than 95 % of that arable land.
2009/147/EC shall be entitled to the payment referred to in
this Chapter provided that they observe the practices referred to
in this Chapter to the extent that those practices are compatible
2. Without
prejudice
to
the
number
of
crops
required
in the holding concerned with the objectives of those Directives.
pursuant to paragraph 1, the maximum thresholds set out
therein shall not apply to holdings where grasses or other
herbaceous forage or land lying fallow cover more than 75 %
11. Farmers
complying
with
the
requirements
laid
down
in of the arable land. In such cases, the main crop on the
Article 29(1) of Regulation (EC) No 834/2007 as regards
remaining arable area shall not cover more than 75 % of that
organic farming shall be entitled ipso facto to the payment
remaining arable land, except where this remaining area is
referred to in this Chapter.
covered by grasses or other herbaceous forage or land lying
fallow.
The first subparagraph shall apply only to the units of a holding
that are used for organic production in accordance with
3. Paragraphs
1
and
2
shall
not
apply
to
holdings:
Article 11 of Regulation (EC) No 834/2007.
(a) where more than 75 % of the arable land is used for the
12. The
Commission
shall
be
empowered
to
adopt
delegated
production of grasses or other herbaceous forage, is land
acts in accordance with Article 70:
lying fallow, or is subject to a combination of these uses,
provided that the arable area not covered by these uses does
not exceed 30 hectares;
(a) adding equivalent practices to the list set out in Annex IX;
(b) where more than 75 % of the eligible agricultural area is
(b) establishing appropriate requirements applicable to the
permanent grassland, is used for the production of grasses
national or regional certification schemes referred to in
or other herbaceous forage or for the cultivation of crops
point (b) of paragraph 3 of this Article, including the
under water for a significant part of the year or for a
level of assurance to be provided by those schemes;
significant part of the crop cycle, or is subject to a
combination of these uses, provided that the arable area
not covered by these uses does not exceed 30 hectares;
(c) 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
(c) where more than 50 % of the areas of arable land declared
and 4 of Section I and point 7 of Section III of Annex IX
were not declared by the farmer in his aid application of the
to this Regulation, and any further equivalent practices
previous year and, where based on a comparison of the geo-
added to that Annex pursuant to point (a) of this
spatial aid applications, all arable land is being cultivated
paragraph for which a specific calculation is needed in
with a different crop compared to that of the previous
order to avoid double funding.
calendar year;

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(d) that are situated in areas north of 62nd parallel or certain
referred to in point (a) of the second subparagraph of this
adjacent areas. Where the arable land of such holdings
paragraph by the total agricultural area referred to in point
covers more than 10 hectares, there shall be at least two
(b) of that subparagraph.
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
For the purposes of establishing the reference ratio referred to
fallow.
in the first subparagraph:
4. For
the
purposes
of
this
Article,
a "crop" means any of the
following:
(a) "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
(a) a culture of any of the different genera defined in the
by the farmers subject to the obligations under this Chapter,
botanical classification of crops;
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
(b) a culture of any of the species in the case of Brassicaceae,
farmers subject to the obligations under this Chapter that
Solanaceae, and Cucurbitaceae;
have not been declared as land under permanent pasture in
2012 or, in the case of Croatia, 2013;
(c) land lying fallow;
(b) "total agricultural area" means the agricultural area declared
(d) grasses or other herbaceous forage.
in 2015 in accordance with point (a) of the first
subparagraph of Article 72(1) of Regulation (EU)
Winter crop and spring crop shall be considered to be distinct
No 1306/2013 by farmers subject to the obligations
crops even if they belong to the same genus.
under this Chapter.
5. The
Commission
shall
be
empowered
to
adopt
delegated The reference ratio of permanent grassland shall be recalculated
acts in accordance with Article 70:
in cases where farmers subject to the obligations under this
Chapter have an obligation to reconvert an area into
(a) recognising other types of genera and species than those
permanent grassland in 2015 or in 2016 in accordance with
referred to in paragraph 4 of this Article; and
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
(b) laying down the rules concerning the application of the
of this paragraph.
precise calculation of shares of different crops.
Article 45
The ratio of permanent grassland shall be established each year
on the basis of the areas declared by the farmers subject to the
Permanent grassland
obligations under this Chapter for that year in accordance with
1. Member
States
shall
designate
permanent
grasslands
which point (a) of the first subparagraph of Article 72(1) of Regulation
are environmentally sensitive in areas covered by Directives
(EU) No 1306/2013.
92/43/EEC or 2009/147/EC, including in peat and wetlands
situated in these areas, and which need strict protection in
order to meet the objectives of those Directives.
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
Member States may, in order to ensure the protection of envi
grassland at holding level in order to ensure that the ratio of
ronmentally valuable permanent grasslands, decide to designate
permanent grassland does not decrease by more than 5 %.
further sensitive areas situated outside areas covered by
Member States shall notify the Commission of any such
Directives 92/43/EEC or 2009/147/EC, including permanent
decision by 1 August 2014.
grasslands on carbon-rich soils.
Farmers shall not convert or plough permanent grassland
Member States shall notify the reference ratio and the ratio
situated in areas designated by Member States under the first
referred to in this paragraph to the Commission.
subparagraph and, where applicable, the second subparagraph.
3. Where
it
is
established
that
the
ratio
referred
to
in
2. Member
States
shall
ensure
that
the
ratio
of
areas
of paragraph 2 has decreased by more than 5 % at regional or
permanent grassland to the total agricultural area declared by
sub-regional level or, where applicable, at national level, the
the farmers in accordance with point (a) of the first
Member State concerned shall impose obligations at holding
subparagraph of Article 72(1) of Regulation (EU)
level to reconvert land into permanent grassland for those
No 1306/2013 does not decrease by more than 5 %
farmers who have land at their disposal which was converted
compared to a reference ratio to be established by Member
from land under permanent pasture or from permanent
States in 2015 by dividing areas of permanent grassland
grassland into land for other uses during a period in the past.

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However, where the amount of areas of permanent grassland in
By 31 March 2017, the Commission shall present an evaluation
absolute terms established in accordance with point (a) of the
report on the implementation of the first subparagraph of this
second subparagraph of paragraph 2 is maintained within
paragraph accompanied, where appropriate, by a proposal for a
certain limits, the obligation set out in the first subparagraph
legislative act as referred to in the second subparagraph.
of paragraph 2 shall be considered to have been complied with.
4. Paragraph
3
shall
not
apply
where
the
decrease
below
the 2. By
1
August
2014,
Member
States
shall
decide
that
one
or
threshold is the result of afforestation that is compatible with
more of the following are to be considered to be ecological
the environment and does not include plantations of short
focus area:
rotation coppice, Christmas trees or fast growing trees for
energy production.
(a) land lying fallow;
5. In order to ensure that the ratio of permanent grassland is
maintained, the Commission shall be empowered to adopt
(b) terraces;
delegated acts in accordance with Article 70 laying down
detailed rules on maintenance of permanent grassland,
including rules on reconversion in the case of non-respect of
the obligation in paragraph 1 of this Article, rules applying to
(c) landscape features, including such features adjacent to the
Member States for setting up obligations at holding level for
arable land of the holding which, by way of derogation
maintaining permanent grassland as referred to in paragraphs 2
from Article 43(1) of this Regulation, may include
and 3 and any adjustment of the reference ratio referred to in
landscape features that are not included in the eligible
paragraph 2 that may become necessary.
area in accordance with point (c) of Article 76(2) of Regu
lation (EU) No 1306/2013;
6. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 70:
(d) buffer strips, including buffer strips covered by permanent
grassland, provided that these are distinct from adjacent
(a) laying down the framework for the designation of further
eligible agricultural area;
sensitive areas referred to in the second subparagraph of
paragraph 1 of this Article;
(e) hectares of agro-forestry that receive, or have received,
support under Article 44 of Regulation (EC) No 1698/2005
(b) establishing detailed methods for the determination of the
and/or Article 23 of Regulation (EU) No 1305/2013;
ratio of permanent grassland and of the total agricultural
area that has to be maintained pursuant to paragraph 2 of
this Article;
(f) strips of eligible hectares along forest edges;
(c) defining the period in the past referred to in the first
subparagraph of paragraph 3 of this Article.
(g) areas with short rotation coppice with no use of mineral
fertiliser and/or plant protection products;
7. The
Commission
shall
adopt
implementing
acts
fixing
the
limits referred to in the second subparagraph of paragraph 3 of
this Article. Those implementing acts shall be adopted in
(h) afforested areas referred to in point (b)(ii) of Article 32(2) of
accordance with the examination procedure referred to in
this Regulation;
Article 71(2).
(i) areas with catch crops, or green cover established by the
Article 46
planting and germination of seeds, subject to the application
Ecological focus area
of weighting factors referred to in paragraph 3 of this
Article;
1. Where the arable land of a holding covers more than 15
hectares, the farmer shall ensure that, from 1 January 2015, an
area corresponding to at least 5 % of the arable land of the
(j) areas with nitrogen-fixing crops.
holding that the farmer declared in accordance with point (a)
of the first subparagraph of Article 72(1) of Regulation (EU)
No 1306/2013 and, if they are considered to be ecological
focus area by the Member State in accordance with paragraph
With the exception of the areas of the holding referred to in
2 of this Article, including the areas mentioned in points (c), (d),
points (g) and (h) of the first subparagraph of this paragraph,
(g) and (h) of that paragraph is ecological focus area.
the ecological focus area shall be located on the arable land of
the holding. In the case of areas mentioned in points (c) and (d)
of the first subparagraph of this paragraph, the ecological focus
The percentage referred to in the first subparagraph of this
area may also be adjacent to the arable land of the holding the
paragraph shall be increased from 5 % to 7 % subject to a
farmer declared in accordance with point (a) of the first
legislative act of the European Parliament and of the Council
subparagraph of Article 72(1) of Regulation (EU)
in accordance with Article 43(2) TFEU.
No 1306/2013.

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3. In order to simplify administration and to take account of
designated by those Member States as areas facing natural
the characteristics of the types of ecological focus area listed in
constraints in accordance with point (a) or (b) of Article 32(1)
the first subparagraph of paragraph 2, as well as to facilitate
of Regulation (EU) No 1305/2013, provided that more than
their measurement, Member States may, when calculating the
50 % of the land surface area of the unit referred to in the
total hectares represented by the ecological focus area of the
second subparagraph of this paragraph is covered by forest
holding, make use of the conversion and/or weighting factors
and the ratio of forest land to agricultural land is higher
set out in Annex X. If a Member State decides to consider to be
than 3:1.
ecological focus area the area under point (i) of the first
subparagraph of paragraph 2 or any other area that is subject
to a weighting of less than 1, the use of the weighting factors
The area covered by forest and the ratio of forest land to
set out in Annex X shall be mandatory.
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
4. Paragraph
1
shall
not
apply
to
holdings:
having similar agricultural conditions.
(a) where more than 75 % of the arable land is used for the
8. Member
States
shall
notify
the
Commission
of
the
production of grasses or other herbaceous forage, is land
decisions referred to in paragraph 2 by 1 August 2014, and
lying fallow, is used for cultivation of leguminous crops, or
of any decisions referred to in paragraphs 3, 5, 6 or 7 by 1
is subject to a combination of those uses, provided that the
August of the year preceding their application.
arable area not covered by those uses does not exceed 30
hectares;
9. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 70:
(b) 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
(a) laying down further criteria for the types of areas referred to
under water either for a significant part of the year or for a
in paragraph 2 of this Article to qualify as ecological focus
significant part of the crop cycle, or is subject to a
area;
combination of those uses, provided that the arable area
not covered by these uses does not exceed 30 hectares.
(b) 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
5. Member
States
may
decide
to
implement
up
to
half
of
the
paragraph 1;
percentage points of the ecological focus area referred to in
paragraph 1 at regional level in order to obtain adjacent
ecological focus areas. Member States shall designate the areas
(c) adapting Annex X in order to establish the conversion and
and the obligations of participating farmers or groups of
weighting factors referred to in paragraph 3 and in order to
farmers. The aim of the designation of areas and obligations
take into account the criteria and/or types of areas to be
shall be to underpin the implementation of Union policies on
defined by the Commission under points (a) and (b) of this
the environment, climate and biodiversity.
paragraph;
6. Member
States
may
decide
to
allow
farmers
whose (d) setting rules for the implementation referred to in para
holdings are in close proximity to fulfil the obligation referred
graphs 5 and 6, including the minimum requirements on
to in paragraph 1 collectively ("collective implementation"),
such implementation;
provided that the ecological focus areas concerned are
contiguous. In order to underpin the implementation of
Union policies on the environment, climate and biodiversity,
(e) establishing the framework within which Member States are
Member States may designate the areas on which collective
to define the criteria to be met by holdings in order to be
implementation is possible and may impose further obligations
considered to be in close proximity for the purposes of
upon farmers or groups of farmers participating in such
paragraph 6;
collective implementation.
(f) establishing the methods for determination of the
Each farmer participating in collective implementation shall
percentage of total land surface area covered by forest and
ensure that at least 50 % of the area subject to the obligation
the ratio of forest land to agricultural land referred to in
in paragraph 1 is located on the land of his holding and is in
paragraph 7.
accordance with the second subparagraph of paragraph 2. The
number of farmers participating in such collective implemen
tation shall not exceed ten.
Article 47
Financial provisions
7. Member
States
with
more
than
50
%
of
their
total
land 1. In order to finance the payment referred to in this
surface area covered by forest may decide that paragraph 1 of
Chapter, Member States shall use 30 % of the annual national
this Article shall not apply to holdings situated in areas
ceiling set out in Annex II.

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2. Member
States
shall
apply
the
payment
referred
to
in
this Member States may, on the basis of objective and non-discrimi
Chapter at national level.
natory criteria, also set a maximum number of hectares per
holding for which support under this Chapter can be granted.
Member States applying Article 23 may decide to apply the
payment at regional level. In such cases, they shall use in
5. Member
States
may
apply
the
payment
for
areas
with
each region a share of the ceiling set pursuant to paragraph 3
natural constraints at regional level under the conditions laid
of this Article. For each region, this share shall be calculated by
down in this paragraph provided that they identified the regions
dividing the respective regional ceiling set in accordance with
concerned in accordance with objective and non-discriminatory
Article 23(2) by the national ceiling set in accordance with
criteria and, in particular, their natural constraint characteristics,
Article 22(1), after applying the linear reduction provided for
including the severity of the constraints, and their agronomic
in paragraph 1 of Article 30 where paragraph 2 of that Article
conditions.
is not applied.
3. The
Commission
shall
adopt
implementing
acts
fixing
the Member States shall divide the national ceiling referred to in
corresponding ceilings for the payment referred to in this
Article 49(1) between the regions in accordance with objective
Chapter on a yearly basis. Those implementing acts shall be
and non-discriminatory criteria.
adopted in accordance with the examination procedure
referred to in Article 71(2).
The payment for areas with natural constraints at regional level
shall be calculated by dividing the regional ceiling calculated in
CHAPTER 4
accordance with the second subparagraph of this paragraph by
Payment for areas with natural constraints
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
Article 48
grant a payment in accordance with paragraph 2 of this Article.
General rules
1. Member
States
may
grant
a
payment
to
farmers
who
are
entitled to a payment under the basic payment scheme or the
Article 49
single area payment scheme referred to in Chapter 1 and whose
Financial provisions
holdings are fully or partly situated in areas with natural
constraints designated by Member States in accordance with
1. In
order
to
finance
the
payment
for
areas
with
natural
Article 32(1) of Regulation (EU) No 1305/2013 ("payment for
constraints, Member States may decide, by 1 August 2014, to
areas with natural constraints").
use up to 5 % of their annual national ceiling set out in Annex
II. They shall notify the Commission of any such decision by
that date.
2. Member
States
may
decide
to
grant
the
payment
for
areas
with natural constraints to all areas falling within the scope of
paragraph 1, or to restrict the payment to some of those areas
Member States may, by 1 August 2016, review their decision
on the basis of objective and non-discriminatory criteria.
and amend it with effect from 1 January 2017. They shall notify
the Commission of any such decision by 1 August 2016.
3. Without
prejudice
to
paragraph
2
of
this
Article,
to
the
application of financial discipline, of reduction of payments in
accordance with Article 11 and of linear reduction in
2. On the basis of the percentage of the national ceiling to
accordance with Article 7 of this Regulation, and to the appli
be used by Member States pursuant to paragraph 1, the
cation of Article 63 of Regulation (EU) No 1306/2013, the
Commission shall adopt implementing acts fixing the
payment for areas with natural constraints shall be granted
corresponding ceilings for the payment for areas with natural
annually per eligible hectare situated in the areas for which a
constraints on a yearly basis. Those implementing acts shall be
Member State has decided to grant a payment in accordance
adopted in accordance with the examination procedure referred
with paragraph 2 of this Article. It shall be paid upon activation
to in Article 71(2).
of payment entitlements in respect of those hectares held by the
farmer concerned or, in Member States applying Article 36 of
this Regulation, upon declaration of those eligible hectares by
CHAPTER 5
the farmer concerned.
Payment for young farmers
4. The
payment
for
areas
with
natural
constraints,
per
Article 50
hectare, shall be calculated by dividing the amount resulting
General rules
from the application of Article 49 by the number of eligible
hectares declared in accordance with Article 33(1) or
1. Member
States
shall
grant
an
annual
payment
to
young
Article 36(2) which are situated in the areas for which a
farmers who are entitled to a payment under the basic payment
Member State has decided to grant a payment in accordance
scheme or the single area payment scheme referred to in
with paragraph 2 of this Article.
Chapter 1 ("payment for young farmers").

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2. For
the
purposes
of
this
Chapter, 'young farmers', means
payment calculated in accordance with Article 36 by the
natural persons:
number of eligible hectares that the farmer has declared in
accordance with Article 36(2).
(a) who are setting up for the first time an agricultural holding
as head of the holding, or who have already set up such a
8. By
way
of
derogation
from
the
paragraphs
6
and
7,
holding during the five years preceding the first submission
Member States may calculate each year the amount of the
of an application under the basic payment scheme or the
payment for young farmers by multiplying a figure
single area payment scheme referred to in Article 72(1) of
corresponding to 25 % of the national average payment per
Regulation (EU) No 1306/2013; and
hectare by the number of entitlements that the farmer has
activated in accordance with Article 32(1), or by the number
of eligible hectares that the farmer has declared in accordance
(b) who are no more than 40 years of age in the year of
with Article 36(2).
submission of the application referred to in point (a).
The national average payment per hectare shall be calculated by
3. Member
States
may
define
further
objective
and
non-
dividing the national ceiling for the calendar year 2019 set out
discriminatory eligibility criteria for young farmers applying
in Annex II by the number of eligible hectares declared in 2015
for the payment for young farmers as regards appropriate
in accordance with Article 33(1) or Article 36(2).
skills and/or training requirements.
4. Without
prejudice
to
the
application
of
financial
disci
9. Member
States
shall
set
a
single
maximum
limit
applicable
pline, of reduction of payments in accordance with Article 11
to the number of payment entitlements activated by the farmer
and of linear reductions in accordance with Article 7 of this
or to the number of eligible hectares declared by the farmer.
Regulation, and to the application of Article 63 of Regulation
That limit shall not be below 25 or above 90. Member States
(EU) No 1306/2013, the payment for young farmers shall be
shall respect that limit when applying paragraphs 6, 7 and 8.
granted annually upon activation of payment entitlements by
the farmer or, in Member States applying Article 36 of this
Regulation, upon declaration of eligible hectares by the farmer.
10. Instead
of
applying
paragraphs
6
to
9,
Member
States
may allocate an annual lump sum amount per farmer calculated
by multiplying a fixed number of hectares by a figure
5. The
payment
for
young
farmers
shall
be
granted
per corresponding to 25 % of the national average payment per
farmer for a maximum period of five years. That period shall
hectare, as established in accordance with paragraph 8.
be reduced by the number of years 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.
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
6. Each
year,
Member
States
not
applying
Article
36
shall for the payment for young farmers in 2015 by the total
calculate the amount of the payment for young farmers by
number of young farmers applying for that payment in 2015.
multiplying the number of entitlements the farmer has
activated in accordance with Article 32(1) by a figure
corresponding to:
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
(a) 25 % of the average value of the owned or leased-in
size of the holdings of young farmers, or both.
payment entitlements held by the farmer; or
(b) 25 % of an amount calculated by dividing a fixed percentage
The annual lump sum amount that a farmer may be granted
of the national ceiling for the calendar year 2019 set out in
shall not exceed the total amount of his basic payment before
Annex II by the number of all eligible hectares declared in
application of Article 63 of Regulation (EU) No 1306/2013 in
2015 in accordance with Article 33(1). That fixed
the given year.
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.
11. In order to guarantee the protection of the rights of
beneficiaries and to avoid discrimination among them, the
Commission shall be empowered to adopt delegated acts in
7. Member
States
applying
Article
36
shall
each
year accordance with Article 70 concerning the conditions under
calculate the amount of the payment for young farmers by
which a legal person may be considered to be eligible to
multiplying a figure corresponding to 25 % of the single area
receive the payment for young farmers.

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Article 51
2. Coupled
support
may
be
granted
to
the
following
sectors
and productions: cereals, oilseeds, protein crops, grain legumes,
Financial provisions
flax, hemp, rice, nuts, starch potato, milk and milk products,
1. In
order
to
finance
the
payment
for
young
farmers, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk
Member States shall use a percentage, which shall not be
worms, dried fodder, hops, sugar beet, cane and chicory, fruit
higher than 2 %, of the annual national ceiling set out in
and vegetables and short rotation coppice.
Annex II. The Member States shall notify the Commission, by
1 August 2014, of the estimated percentage necessary to
finance that payment.
3. Coupled
support
may
only
be
granted
to
those
sectors
or
to those regions of a Member State where specific types of
farming or specific agricultural sectors that are particularly
important for economic, social or environmental reasons
Member States may, by 1 August of each year, revise their
undergo certain difficulties.
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.
4. By
way
of
derogation
from
paragraph
3,
coupled
support
may also be granted to farmers who:
2. Without
prejudice
to
the
maximum
of
2
%
laid
down
in
paragraph 1 of this Article, where the total amount of the
(a) on 31 December 2014, have payment entitlements granted
payment for young farmers applied for in a Member State in
in accordance with Section 2 of Chapter 3 of Title III and
a particular year exceeds the ceiling set pursuant to paragraph 4
Article 71m of Regulation (EC) No 1782/2003 and in
of this Article, and where that ceiling is lower than that
accordance with Article 60 and the fourth paragraph of
maximum, that Member State shall finance the difference by
Article 65 of Regulation (EC) No 73/2009; and
applying point (f) of the first subparagraph of Article 30(7) in
the relevant year, by applying a linear reduction to all payments
to be granted to all farmers in accordance with Article 32 or
(b) have at their disposal no eligible hectares for the activation
Article 36(2), or by both means.
of payment entitlements under the basic payment scheme as
referred to in Chapter 1 of Title III of this Regulation.
3. Where
the
total
amount
of
the
payment
for
young
farmers applied for in a Member State in a particular year
5. Coupled
support
may
only
be
granted
to
the
extent
exceeds the ceiling set pursuant to paragraph 4 of this
necessary to create an incentive to maintain current levels of
Article, and where that ceiling amount to 2 % of the annual
production in the sectors or regions concerned.
national ceiling set out in Annex II, Member States shall apply a
linear reduction to the amounts to be paid pursuant to
Article 50 in order to comply with that ceiling.
6. Coupled
support
shall
take
the
form
of
an
annual
payment and shall be granted within defined quantitative
limits and be based on fixed areas and yields or on a fixed
number of animals.
4. On
the
basis
of
the
percentage
notified
by
Member
States
pursuant to paragraph 1 of this Article, the Commission shall
adopt implementing acts fixing the corresponding ceilings for
the payment for young farmers on a yearly basis.
7.
In the case of a legal person, or a group of natural or legal
persons, Member States may apply the limits referred to in
paragraph 6 at the level of the members of those legal
persons or groups where national law provides for the indi
Those implementing acts shall be adopted in accordance with
vidual members to assume rights and obligations comparable
the examination procedure referred to in Article 71(2).
to those of individual farmers who have the status of a head of
holding, in particular as regards their economic, social and tax
status, provided that they have contributed to strengthening the
agricultural structures of the legal persons or groups concerned.
TITLE IV
COUPLED SUPPORT
8. Any
coupled
support
granted
under
this
Article
shall
be
consistent with other Union measures and policies.
CHAPTER 1
Voluntary coupled support
9. In
order
to
ensure
efficient
and
targeted
use
of
Union
Article 52
funds and to avoid double funding under other similar
support instruments, the Commission shall be empowered to
General rules
adopt delegated acts in accordance with Article 70 laying down:
1. Member
States
may
grant
coupled
support
to
farmers
under the conditions laid down in this Chapter (in this
Chapter referred to as "coupled support").
(a) the conditions for granting coupled support;

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(b) rules on consistency with other Union measures and on the
(a) the measures laid down in Section 2 of Chapter 2 of Title III
cumulation of support.
of Regulation (EC) No 73/2009;
Article 53
(b) 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;
Financial provisions
or
1. In
order
to
finance
the
coupled
support,
Member
States
may, by 1 August of the year preceding the first year of imple
mentation of such support, decide to use up to 8 % of their
(c) the measures under Chapter 1, with the exception of
annual national ceiling set out in Annex II.
Section 6, of Title IV of that Regulation
2. By
way
of
derogation
from
paragraph
1,
Member
States may decide to use more than 13 % of the annual national
may decide to use up to 13 % of the annual national ceiling set
ceiling set out in Annex II to this Regulation, upon approval
out in Annex II, provided that:
by the Commission in accordance with Article 55 of this Regu
lation.
(a) until 31 December 2014:
5. By
way
of
derogation
from
the
percentages
set
out
in
paragraphs 1 to 4, Member States may choose to use up to
(i) they apply the single area payment scheme laid down
EUR 3 million per year for financing coupled support.
in Title V of Regulation (EC) No 73/2009,
6. Member
States
may,
by
1
August
2016,
review
their
(ii) they finance measures under Article 111 of that Regu
decision pursuant to paragraphs 1 to 4 and decide, with
lation, or
effect from 2017:
(iii) they are covered by the derogation provided for in
(a) to leave unchanged, increase or decrease the percentage
Article 69(5) or, in the case of Malta, in Article 69(1)
fixed pursuant to paragraphs 1, 2 and 3, within the limits
of that Regulation; and/or
laid down therein where applicable, or to leave unchanged
or decrease the percentage fixed pursuant to paragraph 4;
(b) they allocate, in total, during at least one year in the period
2010-2014, more than 5 % of their amount available for
(b) to modify the conditions for granting the support;
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:
(c) to cease granting the support under this Chapter.
(i) the measures laid down in Section 2 of Chapter 2 of
7. On the basis of the decision taken by each Member State
Title III of Regulation (EC) No 73/2009,
pursuant to paragraphs 1 to 6 of this Article, the Commission
shall adopt implementing acts fixing the corresponding ceilings
for coupled support on a yearly basis. Those implementing acts
(ii) the support provided for in subpoints (i) to (iv) of point
shall be adopted in accordance with the examination procedure
(a) and in points (b) and (e) of Article 68(1) of that
referred to in Article 71(2).
Regulation, or
Article 54
(iii) the measures under Chapter 1, with the exception of
Notification
Section 6 of Title IV of that Regulation.
1. Member
States
shall
notify
the
Commission
of
the
decisions referred to in Article 53 by the dates referred to in
3. The
percentages
of
the
annual
national
ceiling
referred
to that Article. Except for the decision referred to in point (c) of
in paragraphs 1 and 2 may be increased by up to two
Article 53(6), the notification shall include information on the
percentage points for those Member States which decide to
regions targeted, the selected types of farming or sectors, and
use at least 2 % of their annual national ceiling set out in
the level of support to be granted.
Annex II to support the production of protein crops under
this Chapter.
2. The
decisions
referred
to
in
Article
53(2)
and
(4),
or,
where appropriate, in point (a) of Article 53(6), shall include
4. By
way
of
derogation
from
paragraphs
1
and
2,
Member a detailed description of the particular situation in the region
States allocating, in total, during at least one year in the period
targeted and of the particular characteristics of the types of
2010-2014, more than 10 % of their amount available for
farming or specific agricultural sectors, which make the
granting the direct payments provided for in Title III, Title IV,
percentage referred to in Article 53(1) insufficient to address
with the exception of Section 6 of Chapter 1 thereof, and Title
the difficulties referred to in Article 52(3) and which justify an
V of Regulation (EC) No 73/2009 for financing:
increased level of support.

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Article 55
2. Member States shall authorise the land and the varieties
referred to in paragraph 1 in accordance with the rules and
Approval by the Commission
conditions to be adopted pursuant to paragraph 3.
1. The
Commission
shall
adopt
implementing
acts,
without
applying the procedure referred to in Article 71(2) or (3),
3. In
order
to
ensure
an
efficient
management
of
the
crop-
approving the decision referred to in Article 53(4), or, where
specific payment for cotton, the Commission shall be
appropriate, in point (a) of Article 53(6), where one of the
empowered to adopt delegated acts in accordance with
following needs in the sector or region concerned is demon
Article 70 concerning rules and conditions for the authorisation
strated:
of land and varieties for the purposes of the crop-specific
payment for cotton.
(a) the need to sustain a certain level of specific production due
to the lack of alternatives, and to reduce the risk of
4. The
Commission
shall
adopt
implementing
acts
laying
production abandonment with the resulting social and/or
down rules on the procedure for the authorisation of land
environmental problems;
and varieties for the purposes of the crop-specific payment
for cotton and on the notifications to the producers related
to this authorisation. Those implementing acts shall be
(b) the need to provide stable supply to the local processing
adopted in accordance with the examination procedure
industry, thereby avoiding the negative social and economic
referred to in Article 71(2).
consequence of any ensuing restructuring;
Article 58
Base areas, fixed yields and reference amounts
(c) the need to compensate disadvantages affecting farmers in a
particular sector which are the consequence of continuing
1. The following national base areas are established:
disturbances on the related market;
— Bulgaria: 3 342 ha,
(d) the need to intervene where the existence of any other
support available under this Regulation, Regulation (EU)
— Greece: 250 000 ha,
No 1305/2013 or any approved State aid scheme is
deemed to be insufficient to meet the needs referred to in
— Spain: 48 000 ha,
points (a), (b) and (c) of this paragraph.
— Portugal: 360 ha.
2. The
Commission
shall
adopt
implementing
acts
laying
down rules on the procedure for the assessment and approval
2. The following fixed yields in the reference period are
of the decisions referred to in paragraph 1 of this Article. Those
established:
implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 71(2).
— Bulgaria: 1,2 tonne/ha,
— Greece: 3,2 tonne/ha,
CHAPTER 2
Crop-specific payment for cotton
— Spain: 3,5 tonne/ha,
Article 56
— Portugal: 2,2 tonne/ha.
Scope
Aid shall be granted to farmers producing cotton falling within
3. The
amount
of
the
crop-specific
payment
per
hectare
of
CN code 5201 00 under the conditions laid down in this
eligible area shall be calculated by multiplying the yields estab
Chapter ("crop-specific payment for cotton").
lished in paragraph 2 with the following reference amounts:
— Bulgaria: EUR 584,88 in 2015; and EUR 649,45 for 2016
Article 57
and onwards,
Eligibility
— Greece: EUR 234,18,
1. The
crop-specific
payment
for
cotton
shall
be
granted
per
hectare of eligible area of cotton. The area shall be eligible only
— Spain: EUR 362,15,
if it is located on agricultural land authorised by the Member
State for cotton production, sown with varieties authorised by
the Member State and actually harvested under normal growing
— Portugal: EUR 228,00.
conditions.
4. If
the
eligible
area
of
cotton
in
a
given
Member
State
and
in a given year exceeds the base area established in paragraph 1,
The crop-specific payment for cotton shall be paid for cotton of
the amount referred to in paragraph 3 for that Member State
sound, fair and marketable quality.
shall be reduced proportionately to the overrun of the base area.

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5. In order to make it possible to apply the crop-specific
2. In
the
case
of
farmers
who
are
members
of
an
approved
payment for cotton, the Commission shall be empowered to
interbranch organisation, the crop-specific payment for cotton
adopt delegated acts in accordance with Article 70 concerning
per eligible hectare within the base area laid down in
rules on the conditions for the granting of that payment, on the
Article 58(1) shall be increased by an amount of EUR 2.
eligibility requirements and on agronomic practices.
6. The
Commission
may
adopt
implementing
acts
laying
TITLE V
down rules on the calculation of the reduction provided for
SMALL FARMERS SCHEME
in paragraph 4. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 61
Article 71(2).
General rules
Article 59
1. Member
States
may
establish
a
scheme
for
small
farmers
in accordance with the conditions laid down in this Title ("small
Approved interbranch organisations
farmers scheme").
1. 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
Farmers who, in 2015, hold owned or leased-in payment
such as:
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
(a) helping to better coordinate the way cotton is placed on the
participate in the small farmers scheme.
market, particularly through research studies and market
surveys;
2. Payments
under
the
small
farmers
scheme
shall
replace
the
(b) drawing up standard forms of contract compatible with
payments to be granted pursuant to Titles III and IV.
Union rules;
(c) orienting production towards products that are better
The first subparagraph shall not apply where a Member State
adapted to market needs and consumer demand, particularly
opts for the payment method laid down in point (a) of the first
in terms of quality and consumer protection;
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.
(d) updating methods and means to improve product quality;
(e) developing marketing strategies to promote cotton via
3. Farmers
participating
in
the
small
farmers
scheme
shall
be
quality certification schemes.
exempted from the agricultural practices provided for in
Chapter 3 of Title III.
2. The
Member
State
where
the
ginners
are
established
shall
approve interbranch organisations that satisfy the criteria to be
4. No
advantage
provided
for
under
this
Title
shall
be
laid down pursuant to paragraph 3.
granted in favour of farmers in respect of whom it is established
that they artificially created, after 18 October 2011, the
3. In
order
to
ensure
the
efficient
application
of
the
crop- conditions to benefit from the small farmers scheme.
specific payment for cotton, the Commission shall be
empowered to adopt delegated acts in accordance with
Article 70 laying down:
Article 62
Participation
(a) criteria for the approval of interbranch organisations;
1. Farmers
wishing
to
participate
in
the
small
farmers
scheme shall submit an application by a date to be fixed by
(b) obligations for producers;
Member States which shall not be later than 15 October 2015.
The date fixed by Member States cannot, however, be earlier
than the last day for submitting an application under the basic
(c) rules governing the situation where the approved inter
payment scheme or the single area payment scheme.
branch organisation does not satisfy the criteria referred
to in point (a).
Farmers who have not applied to participate in the small
Article 60
farmers scheme on the date fixed by the Member State, who
Granting of the payment
decide to withdraw from it after that date or who have been
selected for support under point (c) of Article 19(1) of Regu
1. Farmers
shall
be
granted
the
crop-specific
payment
for lation (EU) No 1305/2013 shall no longer be entitled to
cotton per eligible hectare as established in Article 58.
participate in that scheme.

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2. By
way
of
derogation
from
paragraph
1,
Member
States The amount referred to in point (a) or (b) of the first
may provide that farmers whose amount of direct payments
subparagraph shall not be higher than an amount fixed by
under Titles III and IV is lower than the maximum amount
that Member State which shall be between EUR 500 and
fixed by the Member State in accordance with Article 63 are
EUR 1 250.
to be included in the small farmers scheme automatically, unless
they expressly withdraw from it by the date fixed by the
Member State in accordance with paragraph 1 or in any
Where the application of point (a) or (b) of the first
subsequent year. Member States making use of this possibility
subparagraph results in an amount lower than EUR 500, the
shall inform the relevant farmers in due time about their right
Member State concerned may decide to round up this amount
to withdraw from the scheme.
to EUR 500.
3. Each
Member
State
shall
ensure
that
an
estimate
of
the 3. By
way
of
derogation
from
paragraphs
1
and
2,
in
Cyprus,
amount of the payment referred to in Article 63 is made
Croatia, Malta and Slovenia, the amount referred to in those
known to farmers in due time before the date for submitting
paragraphs may be set at a value lower than EUR 500, but not
applications or for withdrawal fixed by that Member State.
less than EUR 200 or, in the case of Malta, not less than
EUR 50.
Article 63
Article 64
Amount of the payment
Special conditions
1. Member States shall set the amount of the annual
payment for each farmer participating in the small farmers
1. During the participation in the small farmers scheme,
scheme at one of the following levels:
farmers shall:
(a) an amount not exceeding 25 % of the national average
(a) keep at least a number of eligible hectares corresponding to
payment per beneficiary, which shall be established by the
the number of owned or leased-in payment entitlements
Member States on the basis of the national ceiling set out in
held, or to the number of eligible hectares declared in
Annex II for calendar year 2019 and the number of farmers
2015 in accordance with Article 36(2);
who have declared eligible hectares, pursuant to Article 33(1)
or Article 36(2), in 2015;
(b) fulfil the minimum requirement provided for in point (b) of
Article 10(1).
(b) an amount corresponding to the national average payment
per hectare multiplied by a figure corresponding to a
2. Payment
entitlements
activated
in
2015
pursuant
to
number of hectares not exceeding five, to be set by the
Articles 32 and 33 by a farmer participating in the small
Member States. The national average payment per hectare
farmers scheme shall be considered to be activated entitlements
shall be established by the Member States on the basis of
for the duration of the farmer's participation in that scheme.
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 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
The amount referred to in points (a) or (b) of the first
revert to the national reserve or regional reserves in accordance
subparagraph shall not be lower than EUR 500 and shall not
with point (b) of Article 31(1).
be higher than EUR 1 250.
In Member States applying Article 36, the eligible hectares
Where the application of points (a) and (b) of the first
declared in 2015 in accordance with Article 36(2) by a
subparagraph results in an amount lower than EUR 500 or
farmer participating in the small farmers scheme shall be
higher than EUR 1 250, the amount shall be rounded up or
considered to be declared for the duration of the participation
down, respectively, to that minimum or maximum amount.
of the farmer in that scheme.
2. By
way
of
derogation
from
paragraph
1,
a
Member
State 3. By way of derogation from Article 34, payment
may decide to grant participating farmers:
entitlements held by farmers participating in the small farmers
scheme shall not be transferable, except in the case of
inheritance or anticipated inheritance.
(a) an amount equal to the total value of the payments to be
allocated to the farmer each year under Titles III and IV; or
Farmers who, by way of inheritance or anticipated inheritance,
receive payment entitlements from a farmer participating in the
(b) an amount equal to the total value of the payments to be
small farmers scheme shall be eligible to participate in that
allocated to the farmer in 2015 under Titles III and IV, that
scheme provided that they meet the requirements to benefit
the Member State may adjust in subsequent years to propor
from the basic payment scheme and that they inherit all the
tionately take into account the changes in the national
payment entitlements held by the farmer from whom they
ceiling set out in Annex II.
receive the payment entitlements.

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4. Where a Member State opts for the payment method laid
4. If the total amount of payments due under the small
down in point (a) of the first subparagraph of Article 63(2)
farmers scheme exceeds 10 % of the annual national ceiling
without applying the third subparagraph of Article 63(2), para
set out in Annex II, Member States shall apply a linear
graphs 1 and 2 as well as the first subparagraph of paragraph 3
reduction to the amounts to be paid in accordance with this
of this Article shall not apply.
Title in order to respect that percentage, unless they have set the
amount of the payment in accordance with point (a) of the first
5. In
order
to
ensure
legal
certainty,
the
Commission
shall
be subparagraph of Article 63(2) without applying the third
empowered to adopt delegated acts in accordance with
subparagraph of Article 63(2).
Article 70 setting out the conditions for participation in the
scheme where the situation of the participating farmer has
changed.
The same exception applies for Member States which have set
the amount of the payment in accordance with point (b) of the
Article 65
first subparagraph of Article 63(2) without applying the third
subparagraph of Article 63(2), whose national ceiling set out in
Financial provisions
Annex II for year 2019 is higher than for year 2015 and which
1. In order to finance the payment referred to in this Title,
apply the calculation method set out in Article 25(1) or in
Member States shall deduct from the total amounts available for
Article 36(2).
the respective payments the amounts to which the small
farmers would be entitled:
TITLE VI
(a) under the basic payment scheme or the single area payment
NATIONAL RESTRUCTURING PROGRAMMES FOR THE
scheme referred to in Chapter 1 of Title III;
COTTON SECTOR
(b) as a redistributive payment referred to in Chapter 2 of
Article 66
Title III;
Use of the annual budget for the restructuring programmes
(c) as a payment for agricultural practices beneficial for the
1. For Member States which have applied the first
climate and the environment referred to in Chapter 3 of
subparagraph of Article 4(1) of Regulation (EC) No 637/2008,
Title III;
the relevant annual budget available pursuant to Article 5(1) of
that Regulation shall be transferred with effect from 1 January
(d) as a payment for areas with natural constraints referred to
2014 and shall constitute additional Union funds for measures
in Chapter 4 of Title III;
under rural development programming financed under Regu
lation (EU) No 1305/2013.
(e) as a payment for young farmers referred to in Chapter 5 of
Title III; and
2. For
Member
States
which
have
applied
the
second
(f) as coupled support referred to in Title IV.
subparagraph of Article 4(1) of Regulation (EC) No 637/2008,
the relevant annual budget available pursuant to Article 5(1) of
In the case of Member States having opted to calculate the
that Regulation shall be included with effect from 1 January
amount of the payment pursuant to point (a) of the first
2017 in their national ceilings as set out in Annex II to this
subparagraph of Article 63(2), where the sum of those
Regulation.
amounts for an individual farmer exceeds the maximum
amount that they have fixed, each amount shall be propor
tionately reduced.
TITLE VII
FINAL PROVISIONS
2. The
difference
between
the
sum
of
all
payments
due
under
the small farmers scheme and the total amount financed in
CHAPTER 1
accordance with paragraph 1 shall be financed in one or
more of the following ways:
Notifications and emergency
(a) by applying Article 30(7) in the relevant year;
Article 67
(b) by using the funds for financing the payment for young
Notification requirements
farmers laid down in Chapter 5 of Title III which are left
1. In order to ensure the correct application of the rules set
unused in the relevant year;
out in this Regulation, the Commission shall be empowered to
adopt delegated acts in accordance with Article 70 on the
(c) by applying a linear reduction to all payments to be granted
necessary measures regarding notifications to be made by
in accordance with Articles 32 or 36.
Member States to the Commission for the purposes of this
Regulation, for the purpose of checking, controlling, moni
3.
Except where a Member State has opted to set the amount
toring, evaluating and auditing direct payments or for the
of the annual payment pursuant to point (a) of the first
purpose of complying with requirements laid down in inter
subparagraph of Article 63(2), the elements on the basis of
national agreements which have been concluded by a Council
which the amounts referred to in paragraph 1 of this Article
decision, including notification requirements under those agree
are established shall remain the same for the entire duration of
ments. In so doing, the Commission shall take into account the
the participation of the farmer in the small farmers scheme.
data needs and synergies between potential data sources.

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Where appropriate, the information obtained may be trans
3. Personal
data
shall
be
processed
in
accordance
with
mitted or be made available to international organisations and
Directive 95/46/EC and Regulation (EC) No 45/2001. In
the competent authorities of third countries and may be made
particular, such data shall not be stored in a form which
public, subject to the protection of personal data and the
permits identification of data subjects for longer than is
legitimate interest of undertakings in the protection of their
necessary for the purposes for which they were collected or
business secrets.
for which they are further processed, taking into account the
minimum retention periods laid down in the applicable national
and Union law.
2. 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:
4. Member
States
shall
inform
the
data
subjects
that
their
personal data may be processed by national and Union bodies
in accordance with paragraph 1, and that in this respect they
(a) the nature and type of the information to be notified;
enjoy the rights set out in Directive 95/46/EC and Regulation
(EC) No 45/2001, respectively.
(b) the categories of data to be processed and maximum
retention periods;
5. This Article shall be subject to Articles 111 to 114 of
Regulation (EU) No 1306/2013.
(c) access rights to the information or information systems
made available;
Article 69
(d) the conditions of publication of the information.
Measures to resolve specific problems
1. In
order
to
resolve
specific
problems,
the
Commission
3. The
Commission
shall
adopt
implementing
acts
laying shall adopt implementing acts which are both necessary and
down:
justifiable in an emergency. Such implementing acts may
derogate from provisions of this Regulation, to the extent and
for such a period as is strictly necessary. Those implementing
(a) the methods of notification;
acts shall be adopted in accordance with the examination
procedure referred to in Article 71(2).
(b) rules on providing the information necessary for the appli
cation of this Article;
2. Where
duly
justified
imperative
grounds
of
urgency
so
require, and in order to resolve such specific problems while
(c) arrangements for the management of the information to be
ensuring the continuity of the direct payments system in the
notified, as well as rules on content, form, timing, frequency
case of extraordinary circumstances, the Commission shall
and deadlines of the notifications;
adopt immediately applicable implementing acts in accordance
with the procedure referred to in Article 71(3).
(d) arrangements for transmitting, or making information and
documents available, to the Member States, international
organisations, the competent authorities in third countries,
3. Measures
adopted
under
paragraph
1
or
2
shall
remain
in
or the public, subject to the protection of personal data and
force for a period not exceeding twelve months. If after this
the legitimate interest of farmers and undertakings in the
period the specific problems referred to in those paragraphs
protection of their business secrets.
persist, the Commission may, in order to establish a
permanent solution, submit an appropriate legislative proposal.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 71(2).
4. The
Commission
shall
inform
the
European
Parliament
and the Council of any measure adopted under paragraph 1
or 2 within two working days of its adoption.
Article 68

Processing and protection of personal data
1. Member
States
and
the
Commission
shall
collect
personal
CHAPTER 2
data for the purposes set out in Article 67(1). They shall not
Delegations of powers and implementing provisions
process this data in a way that is incompatible with those
purposes.
Article 70
Exercise of the delegation
2. Where
personal
data
are
processed
for
monitoring
and
evaluation purposes as referred to in Article 67(1), they shall
1. The
power
to
adopt
the
delegated
acts
is
conferred
on
the
be made anonymous and processed in aggregated form only.
Commission subject to the conditions laid down in this Article.

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Official Journal of the European Union
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2. The power to adopt delegated acts referred to in Article 2,
In the case of acts referred to in Article 24(11), Article 31(2)
Article 4(3), Article 6(3), Article 7(3), Article 8(3), Article 9(5),
and Article 67(3), where the committee delivers no opinion, the
Article 20(6), Article 35, Article 36(6), Article 39(3),
Commission shall not adopt the draft implementing act and the
Article 43(12), Article 44(5), Article 45(5) and (6), Article 46(9),
third subparagraph of Article 5(4) of Regulation (EU)
Article 50(11), Article 52(9), Article 57(3), Article 58(5),
No 182/2011 shall apply.
Article 59(3), Article 64(5), Article 67(1) and (2) and Article 73
shall be conferred on the Commission for a period of seven
years from 1 January 2014. The Commission shall draw up a
3. Where
reference
is
made
to
this
paragraph,
Article
8
of
report in respect of the delegation of power not later than nine
Regulation (EU) No 182/2011, in conjunction with Article 5
months before the end of the seven-year period. The delegation
thereof, shall apply.
of power shall be tacitly extended for periods of an identical
duration, unless the European Parliament or the Council
opposes such extension not later than three months before
the end of each period.
CHAPTER 3
Transitional and final provisions
3. The
delegation
of
power
referred
to
in
Article
2,
Article 72
Article 4(3), Article 6(3), Article 7(3), Article 8(3), Article 9(5),
Repeals
Article 20(6), Article 35, Article 36(6), Article 39(3),
Article 43(12), Article 44(5), Article 45(5) and (6), Article 46(9),
1. Regulation
(EC)
No
637/2008
is
repealed
with
effect
from
Article 50(11), Article 52(9), Article 57(3), Article 58(5),
1 January 2014.
Article 59(3), Article 64(5), Article 67(1) and (2) and Article 73
may be revoked at any time by the European Parliament or by
the Council. A decision to revoke shall put an end to the
However, it shall continue to apply until 31 December 2017 in
delegation of the power specified in that decision. It shall take
respect of Member States which have exercised the option laid
effect the day following the publication of the decision in the
down in the second subparagraph of Article 4(1) of that Regu
Official Journal of the European Union or at a later date specified
lation.
therein. It shall not affect the validity of any delegated acts
already in force.
2. Regulation
(EC)
No
73/2009
is
repealed.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
notify it simultaneously to the European Parliament and to the
Without prejudice to paragraph 3, references to the repealed
Council.
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.
5. A
delegated
act
adopted
pursuant
to
Article
2,
Article
4(3),
Article 6(3), Article 7(3), Article 8(3), Article 9(5), Article 20(6),
Article 35, Article 36(6), Article 39(3), Article 43(12),
3. The
references
made
in
this
Regulation
to
Regulations
(EC)
Article 44(5), Article 45(5) and (6), Article 46(9), Article 50(11),
No 73/2009 and (EC) No 1782/2003 shall be understood as
Article 52(9), Article 57(3), Article 58(5), Article 59(3),
being made to those Regulations such as they were in force
Article 64(5), Article 67(1) and (2) and Article 73 shall enter
before their repeal.
into force only if no objection has been expressed either by the
European Parliament or the Council within a period of two
months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the
Article 73
European Parliament and the Council have both informed the
Transitional rules
Commission that they will not object. That period shall be
extended by two months at the initiative of the European
In order to ensure a smooth transition from the arrangements
Parliament or of the Council.
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
Article 71
legitimate expectations of farmers.
Committee procedure
1. The
Commission
shall
be
assisted
by
a
Committee
called
Article 74
the "Committee for Direct Payments". That Committee shall be
a committee within the meaning of Regulation (EU)
Entry into force and application
No 182/2011.
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Union.
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
It shall apply from 1 January 2015.

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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.
Done at Brussels, 17 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. JUKNA

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Official Journal of the European Union
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ANNEX I
List of support schemes
Sector Legal
base Notes
Basic payment scheme
Title III, Chapter 1, Sections 1, 2, 3 Decoupled payment
and 5 of this Regulation
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
Title III, Chapter 3 of this Regulation Decoupled
payment
beneficial for the climate and the
environment
Payment for areas with natural
Title III, Chapter 4 of this Regulation Decoupled
payment
constraints
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)
Direct payments under measures estab
No 228/2013
lished in the programmes
Aegean islands Chapter
IV
of
Regulation
(EU)
Direct payments under measures estab
No 229/2013
lished in the programmes

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Union L
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ANNEX II
National ceilings referred to in Article 6
(in thousands EUR)
Calendar year 2015 2016 2017 2018
2019 and the
subsequent year
Belgium 536
076 528
124 520
170 512
718 505
266
Bulgaria 721
251 792
449 793
226 794
759 796
292
Czech Republic 874
484 873
671 872
830 872
819 872
809
Denmark 916
580 907
108 897
625 889
004 880
384
Germany 5
144
264 5
110
446 5
076
522 5
047
458 5
018
395
Estonia 121
870 133
701 145
504 157
435 169
366
Ireland 1
215
003 1
213
470 1
211
899 1
211
482 1
211
066
Greece 2
039
122 2
015
116 1
991
083 1
969
129 1
947
177
Spain 4
842
658 4
851
682 4
866
665 4
880
049 4
893
433
France 7
553
677 7
521
123 7
488
380 7
462
790 7
437
200
Croatia (*) 130
550 149
200 186
500 223
800 261
100
Italy 3
902
039 3
850
805 3
799
540 3
751
937 3
704
337
Cyprus 50
784 50
225 49
666 49
155 48
643
Latvia 195
649 222
363 249
020 275
887 302
754
Lithuania 417
890 442
510 467
070 492
049 517
028
Luxembourg 33
603 33
545 33
486 33
459 33
431
Hungary 1
271
593 1
270
410 1
269
187 1
269
172 1
269
158
Malta 5
127 5
015 4
904 4
797 4
689
Netherlands 780
815 768
340 755
862 744
116 732
370
Austria 693
065 692
421 691
754 691
746 691
738
Poland 2
987
267 3
004
501 3
021
602 3
041
560 3
061
518
Portugal 565
816 573
954 582
057 590
706 599
355
Romania 1
629
889 1
813
795 1
842
446 1
872
821 1
903
195
Slovenia 137
987 136
997 136
003 135
141 134
278
Slovakia 380
680 383
938 387
177 390
781 394
385
Finland 523
333 523
422 523
493 524
062 524
631
Sweden 696
890 697
295 697
678 698
723 699
768
United Kingdom 3
555
915 3
563
262 3
570
477 3
581
080 3
591
683
(*) For Croatia, the national ceiling for calendar year 2020 shall be EUR 298 400 000, for 2021 shall be EUR 335 700 000 and for 2022
shall be EUR 373 000 000.

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Official Journal of the European Union
20.12.2013
ANNEX III
Net ceilings referred to in Article 7
(in million EUR)
Calendar year 2015 2016 2017 2018
2019 and the
subsequent year
Belgium 536,1 528,1 520,2 512,7 505,3
Bulgaria 723,6 795,1 795,8 797,4 798,9
Czech Republic 874,5 873,7 872,8 872,8 872,8
Denmark 916,6 907,1 897,6 889,0 880,4
Germany 5
144,3 5
110,4 5
076,5 5
047,5 5
018,4
Estonia 121,9 133,7 145,5 157,4 169,4
Ireland 1
215,0 1
213,5 1
211,9 1
211,5 1
211,1
Greece 2
227,0 2
203,0 2
178,9 2
157,0 2
135,0
Spain 4
903,6 4
912,6 4
927,6 4
941,0 4
954,4
France 7
553,7 7
521,1 7
488,4 7
462,8 7
437,2
Croatia (*) 130,6 149,2 186,5 223,8 261,1
Italy 3
902,0 3
850,8 3
799,5 3
751,9 3
704,3
Cyprus 50,8 50,2 49,7 49,2 48,6
Latvia 195,6 222,4 249,0 275,9 302,8
Lithuania 417,9 442,5 467,1 492,0 517,0
Luxembourg 33,6 33,5 33,5 33,5 33,4
Hungary 1
271,6 1
270,4 1
269,2 1
269,2 1
269,2
Malta 5,1 5,0 4,9 4,8 4,7
Netherlands 780,8 768,3 755,9 744,1 732,4
Austria 693,1 692,4 691,8 691,7 691,7
Poland 2
987,3 3
004,5 3
021,6 3
041,6 3
061,5
Portugal 566,0 574,1 582,2 590,9 599,5
Romania 1
629,9 1
813,8 1
842,4 1
872,8 1
903,2
Slovenia 138,0 137,0 136,0 135,1 134,3
Slovakia 380,7 383,9 387,2 390,8 394,4
Finland 523,3 523,4 523,5 524,1 524,6
Sweden 696,9 697,3 697,7 698,7 699,8
United Kingdom 3
555,9 3
563,3 3
570,5 3
581,1 3
591,7
(*) For Croatia, the net ceiling for calendar year 2020 shall be EUR 298 400 000, for 2021 shall be EUR 335 700 000 and for 2022 shall
be EUR 373 000 000.

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20.12.2013 Official
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Union L
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ANNEX IV
Limits for the adjustment for the thresholds, referred to in Article 10(2)
Member State
Limit for the EUR threshold
Limit for the hectare threshold
(Article 10(1)(a))
(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

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Official Journal of the European Union
20.12.2013
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

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Union L
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ANNEX VI
Financial provisions applying to Croatia referred to in Articles 10 and 19
A. Amount for applying point (a) of Article 10(1):
EUR 373 000 000
B. Total amounts of complementary national direct payments referred to in Article 19(3):
(in thousands EUR)
2015 2016 2017 2018 2019 2020 2021
242 450 223
800 186
500 149
200 111
900 74
600 37
300

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Official Journal of the European Union
20.12.2013
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

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Journal
of
the
European
Union L
347/661
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

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L 347/662
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Official Journal of the European Union
20.12.2013
ANNEX IX
List of equivalent practices referred to in Article 43(3)
I. Practices
equivalent
to
crop
diversification:
(1) Crop diversification
Requirement: at least three crops, the main crop covering a maximum of 75 %, and any one or more of the
following applying:
— there are at least four crops,
— lower maximum thresholds apply,
— there is a more appropriate selection of crops, such as, for example, leguminous, protein crops, crops not
requiring irrigation or pesticide treatments, as appropriate,
— regional varieties of old, traditional or endangered crop types are included on at least 5 % of the rotated area.
(2) Crop rotation
Requirement: at least three crops, the main crop covering a maximum of 75 %, and any one or both of the
following applying:
— a more environmentally beneficial multiannual sequence of crops and/or fallow is followed,
— there are at least four crops.
(3) Winter soil cover (*)
(4) Catch crops (*)
II. Practices equivalent to maintenance of permanent grassland:
(1) Management of meadows or pastures
Requirement: maintenance of permanent grassland and any one or more of the following:
— Cutting regime or appropriate mowing (dates, methods, limits)
— Maintenance of landscape features on permanent grassland and control of scrub
— Specified grass varieties and/or seeding regime for renewal depending on the grassland type, with no
destruction of high nature value
— Evacuation of forage or hay
— Appropriate management for steep slopes
— Fertiliser regime
— Pesticide restrictions
(2) Extensive grazing systems
Requirement: maintenance of permanent grassland and any one or more of the following:
— Extensive grazing (timing, maximum stocking density)
(*) Practices subject to the calculation referred to in point (c) of Article 43(12)

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— Shepherding or mountain pastoralism
— Using local or traditional breeds for grazing the permanent grassland
III. 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):
(1) Ecological set-aside
(2) Creation of "buffer zones" for high nature value areas, Natura 2000 or other biodiversity protection sites,
including along hedgerows and water courses
(3) 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)
(4) Borders, in-field strips and patches managed for wildlife or specific fauna (herbaceous border, protection of nests,
wildflower strips, local seed mix, unharvested crops)
(5) Management (pruning, trimming, dates, methods, restoration) of landscape features (trees, hedgerows, riparian
woody vegetation, stone walls (terraces), ditches, ponds)
(6) Keeping arable peaty or wet soils under grass (with no use of fertilisers and no use of plant protection products)
(7) 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 (*)
(8) Conversion of arable land into permanent grassland extensively used

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L 347/664
EN
Official Journal of the European Union
20.12.2013
ANNEX X
Conversion and weighting factors referred to in Article 46(3)
Features Conversion
factor Weighting
factor
Ecological focus
area
Land lying fallow
Terraces
Landscape features
Buffer strips
Hectares of agro-forestry
Strips of eligible hectares along forest edges
Areas with short rotation coppice
Afforested areas referred to in Article 32(2)(b)(ii)
Areas with catch crops or green cover
Areas with nitrogen-fixing crops

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/665
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

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L 347/666
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 73/2009 This
Regulation Regulation
(EU)
No
1306/2013
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)
—

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/667
Regulation (EC) No 73/2009 This
Regulation Regulation
(EU)
No
1306/2013
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
—
—

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L 347/668
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 73/2009 This
Regulation Regulation
(EU)
No
1306/2013
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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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/669
Regulation (EC) No 73/2009 This
Regulation Regulation
(EU)
No
1306/2013
Article 109
—
—
Article 110
—
—
Article 111
—
—
Article 112
—
—
Article 113
—
—
Article 114
—
—
Article 115
—
—
Article 116
—
—
Article 117
—
—
Article 118
—
—
Article 119
—
—
Article 120
—
—
Article 121 Articles
16
and
17
—
Article 121a
— Article
98,
second
subparagraph
Article 122
—
—
Article 123
—
—
Article 124(1) to (5), (7) and (8)
—
—
Article 124(6)
— Article
98,
first
subparagraph
Article 125
—
—
Article 126
—
—
Article 127
—
—
Article 128
—
—
Article 129
—
—
Article 130
—
—
Article 131
—
—
Article 132 Articles
18
and
19
—
Article 133
—
—
Article 133a Article
37
—
Article 134 (deleted)
—
—
Article 135 (deleted)
—
—
Article 136
—
—
Article 137
—
—
Article 138 Article
3
—
Article 139 Article
13
—
Article 140 Article
67
—

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L 347/670
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 73/2009 This
Regulation Regulation
(EU)
No
1306/2013
Article 141 Article
71
—
Article 142(a) to (q) and (s) Article
70
—
Article 142(r) Article
69
—
Article 143
—
—
Article 144
—
—
Article 145
—
—
Article 146 Article
72
—
Article 146a
—
—
Article 147 Article
73
—
Article 148
—
—
Article 149 Article
74
—
Annex I Annex
I
—
Annex II
— Annex
II
Annex III
— Annex
II
Annex IV Annex
III
—
Annex V
—
—
Annex VI
—
—
Annex VII Annex
IV
—
Annex VIII Annex
II
—
Annex IX
—
—
Annex X
—
—
Annex XI
—
—
Annex XII
—
—
Annex XIII
—
—
Annex XIV
—
—
Annex XV
—
—
Annex XVI
—
—
Annex XVII
—
—
Annex XVIIa
—
—

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Document Outline

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