Regulation 3 Minimum eligible area of holding

England and Wales

F1(1)

F2Subject to paragraph (2), for the purposes of Article 10(1) F3... of the Direct Payments Regulation, no direct payments may be granted to a farmer where the eligible area of the holding for which the payments are claimed or due to be granted in accordance with F4Article 10(1) is less than 5 hectares.

F5(2)

Direct payments may be granted to a farmer where the eligible area of the holding referred to in paragraph (1) is less than 5 hectares if in 2020 direct payments were claimed by or due to be granted to that farmer—

(a)

before the application of Article 63 of Regulation (EU) No 1306/2013; and

(b)

in respect of such a holding (as defined for the 2020 claim year)—

(i)

situated in Wales and at least one other territory;

(ii)

where the eligible area situated in Wales of that holding was less than 5 hectares; and

(iii)

for which a payment was claimed or due to be granted in respect of the eligible area situated in Wales.

Annotations

Textual amendments

F1: Reg. 3 renumbered as reg. 3(1) for specified purposes (31.12.2020) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 12(2)(a)
F2: Words in reg. 3(1) inserted for specified purposes (31.12.2020) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 12(2)(b)
F3: Words in reg. 3 omitted (31.1.2020) by virtue of The Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) (Wales) Regulations 2020 (S.I. 2020/104), regs. 1(2), 3(2)(a)
F4: Words in reg. 3 substituted (31.1.2020) by The Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) (Wales) Regulations 2020 (S.I. 2020/104), regs. 1(2), 3(2)(b)
F5: Reg. 3(2) inserted for specified purposes (31.12.2020) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 12(2)(c)