{
  "url": "https://openlegislation.uk/eu-regulation-2013-1305/article-28",
  "json_url": "https://openlegislation.uk/eu-regulation-2013-1305/article-28.json",
  "legislation": "eur/2013/1305",
  "legislation_title": "Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2013-1305",
  "path": "article/28",
  "kind": "article",
  "number": "28",
  "heading": "Agri-environment-climate",
  "text": "1. The relevant authority shall make support under this measure available throughout their territories, in accordance with their national, regional or local specific needs and priorities. This measure shall aim to preserve and promote the necessary changes to agricultural practices that make a positive contribution to the environment and climate. Its inclusion in rural development programmes shall be compulsory at national and/or regional level.\n2. Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting of one or more agri-environment-climate commitments on agricultural land to be defined by the relevant authority, including but not limited to the agricultural area defined under Article 2 of this Regulation. Where duly justified to achieve environmental objectives, agri-environment-climate payments may be granted to other land-managers or groups of other land-managers.\n3. Agri-environment-climate payments cover only those commitments going beyond ... the relevant criteria and minimum activities as established pursuant to points (b)(ii) and (b)(iii) of Article 2(1) of Regulation (EU) 1306/2013, and relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such mandatory requirements shall be identified in the programme.\n4. The relevant authority shall endeavour to ensure that persons undertaking to carry out operations under this measure are provided with the knowledge and information required to implement such operations. They may do so through, inter alia, commitment-related expert advice and/or by making support under this measure conditional on obtaining relevant training.\n5. Commitments under this measure shall be ordinarily undertaken for at least three years. However, a commitment for a shorter period may be permitted where this is necessary and justified, and commitments may be extended after the termination of the period.\n6. Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary, they may also cover transaction costs up to a value of 20 % of the premium paid for the agri-environment-climate commitments. Where commitments are undertaken by groups of farmers or groups of farmers and other land managers, the maximum level shall be 30 %.\n...\nIn duly justified cases for operations concerning environmental conservation, support may be granted at a flat-rate or as a one-off payment per unit for commitments to renounce commercial use of areas, calculated on the basis of additional costs incurred and income foregone.\n7. Where required in order to ensure the efficient application of the measure, the relevant authority may use the procedure referred to in Article 49(3) for the selection of beneficiaries.\n8. Support shall be limited to the maximum amounts laid down in Annex II.\nNo support under this measure may be granted for commitments that are covered under the organic farming measure.\n9. Support may be provided for the conservation and for the sustainable use and development of genetic resources in agriculture, including non-indigenous resources, for operations not covered by the provisions under paragraphs 1 to 8. Such commitments may be carried out by beneficiaries other than those referred to in paragraph 2.\n10. In order to ensure that agri-environment-climate commitments are defined in accordance with the ... priorities for rural development, the appropriate authority may make regulations concerning the following:\n(a) the conditions applicable to commitments to extensify livestock farming;\n(b) the conditions applicable to commitments to rear local breeds that are in danger of being lost to farming or to preserve plant genetic resources that are under threat of genetic erosion, and\n(c) the definition of eligible operations under paragraph 9.\n11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .",
  "extent": "E",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 28(1) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(13)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 28 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(13)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 28(3) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 28(3) substituted (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 1(9)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 28(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(13)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 28(5) substituted (E.) (28.7.2022) by The Rural Development (Amendment) (England) Regulations 2022 (S.I. 2022/765), regs. 1(1), 7(2)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Art. 28(6) omitted (E.) (1.1.2024) by virtue of The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 1(9)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material."
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Word in Art. 28(10) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 58(a)(i); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Art. 28(10) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 58(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Art. 28(11) omitted (E.) (1.1.2024) by virtue of The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 1(9)(c)"
    },
    {
      "type": "E",
      "label": "E1",
      "text": "This version of this provision applies to England only; separate versions have been created for Scotland and Northern Ireland and Wales"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2013/1305/article/28",
    "retrieved_at": "2026-11-01T14:48:08.109073+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}