OpenLegislation

Article 29 Organic farmingE1

Scotland and Northern Ireland

Original text. Later amendments are not shown.

F11.

Support under this measure shall be granted, per hectare of agricultural area, to farmers or groups of farmers who undertake, on a voluntary basis, to convert to or maintain organic farming practices and methods as defined in Regulation (EC) No 834/2007 and who are active farmers within the meaning of Article 9 of Regulation (EU) No 1307/2013, as applicable in the F2relevant authority concerned.

X12.

Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No 1306/2013, the relevant criteria and minimum activities as established pursuant to points (c)(ii) and (c)(iii) of Article 4(1) of Regulation (EU) No 1307/2013, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.

3.

Commitments under this measure shall be made for a period of F3fiveone to seven years. Where support is granted for conversion to organic farming F4the relevant authority may determine a shorter initial period corresponding to the period of conversion. Where support is granted for the maintenance of organic farming, the relevant authority may provide in their rural development programmes for annual extension after the termination of the initial period. For new commitments concerning maintenance that directly follow the commitment performed in the initial period, the relevant authority may determine a shorter period in their rural development programmes.

F5...

4.

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 to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30 %.

When calculating the payments referred to in the first subparagraph of this paragraph, the relevant authority shall deduct the amount necessary in order to exclude double funding of the practices referred to in Article 43 of Regulation (EU) No 1307/2013. F6The relevant authority may calculate the deduction as a fixed, average amount applied to all beneficiaries concerned carrying out the sub-measures concerned.

5.

Support shall be limited to the maximum amounts laid down in Annex II.

6.

In order to ensure that double funding, as referred to in the second subparagraph of paragraph 4 is excluded, the F7appropriate authority may make regulations laying down the calculation method to be used.

Annotations

Textual amendments

F1

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.

F2

Words in Art. 29(1) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in Art. 29(3) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 4(7)

F4

Words in Art. 29 substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(14)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 29(3) omitted (S.) (15.3.2021) by virtue of The Rural Development (Miscellaneous Amendment) (Scotland) Regulations 2021 (S.S.I. 2021/33), regs. 1, 2(4) and omitted (E.N.I.) (22.7.2022) by virtue of The Common Agricultural Policy (Cross-Compliance Exemptions and Transitional Regulation) (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/861), regs. 1(2), 3(4)

F6

Words in Art. 29(4) substituted (31.12.2020) by The Rural Development (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/764), regs. 1, 5(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 29(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 59; 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1

This version of this provision applies to Scotland and Northern Ireland only; separate versions have been created for England and Wales

Editorial notes

X1

Substituted by Corrigendum to 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 (Official Journal of the European Union L 347 of 20 December 2013).