{
  "url": "https://openlegislation.uk/eu-regulation-2013-1306/article-2",
  "json_url": "https://openlegislation.uk/eu-regulation-2013-1306/article-2.json",
  "legislation": "eur/2013/1306",
  "legislation_title": "Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2013-1306",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Terms used in this Regulation",
  "text": "1. For the purpose of this Regulation:\n(a) \"farmer\", means a farmer within the meaning of Article 4 of Regulation (EU) 1307/2013;\n(b) \"agricultural activity\" means an agricultural activity within the meaning of Article 4 of Regulation (EU) 1307/2013;\n(c) \"agricultural area\" means an agricultural area within the meaning of Article 4 of Regulation (EU) 1307/2013;\n(d) \"holding\" means holding within the meaning of Article 4 of Regulation (EU) 1307/2013, save as provided for in Article 91(3);\n(e) \"direct payments\" means direct payments within the meaning of Article 1 of Regulation (EU) 1307/2013;\n(f) “sectoral agricultural legislation” means, insofar as it relates to direct payments:\n(i)) any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;\n(ii)) any delegated or implementing acts adopted on the basis of acts referred to in point (i);\n(iii)) regulations made in the exercise of powers under any act referred to in point (i);\n‘sectoral agricultural legislation’ means , insofar as it relates to agricultural support:\n(i)) any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;\n(ii)) any delegated or implementing acts adopted on the basis of acts referred to in point (i);\n(iii)) regulations made in the exercise of powers under any act referred to in point (i);\n(iv)) Part Two of Regulation (EU) No 1303/2013 insofar as it applies to support for rural development;\n(g) “irregularity” means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;\n(h)) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;\n(i)) “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;\n“agricultural support” means support for rural development and CMO support;\n(j)) “economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;\n(k)) “relevant authority”, unless otherwise defined in this Regulation, means:\n(i)) in England, the Secretary of State;\n(ii)) in Wales, the Welsh Ministers;\n(iii)) in Scotland, the Scottish Ministers;\n(iv)) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;\n(l)) “relevant accounting officer” means:\n(i)) in England, the accounting officer for the Department for Environment, Food and Rural Affairs;\n(ii)) in Wales, the Permanent Secretary of the Welsh Government;\n(iii)) in Scotland, the Permanent Secretary of the Scottish Government;\n(iv)) in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;\n(m)) “appropriate authority” means:\n(i)) subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;\n(ii)) the Secretary of State:\n(aa)) in relation to Scotland, if consent is given by the Scottish Ministers;\n(bb)) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.\n“appropriate authority” means the relevant authority for the constituent nation in which the regulations apply.\n(m)) ‘appropriate authority’ means:\n(i)) subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;\n(ii)) the Secretary of State:\n(aa)) in relation to regulations made under Article 66(3) or (4), where the subject matter is outside devolved competence;\n(bb)) in relation to Wales, for regulations made under Article 8, 20, 79(2), 84(6), 88 or 106(5) or (6) of this Regulation, if consent is given by the Welsh Ministers;\n(cc)) in relation to Scotland, if consent is given by the Scottish Ministers;\n(dd)) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs;\nFor the purposes of point (ii)(aa), it is outside devolved competence to make any provision by subordinate legislation which would be outside the legislative competence of:\n(i)) in relation to Wales, Senedd Cymru, if it were included in an Act of Senedd Cymru (see section 108A of the Government of Wales Act 2006);\n(ii)) in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998);\n(iii)) in relation to Northern Ireland, the Northern Ireland Assembly if it were included in an Act of the Assembly (see section 6 of the Northern Ireland Act 1998).\n(n)) “CMO support” means financial support granted under:\n(i)) Regulation (EU) No 1308/2013 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;\n(ii)) any delegated or implementing acts adopted on the basis of Regulation (EC) No 1234/2007;\n(iii)) Regulation (EU) No 1144/2014 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;\n(o)) ‘support for rural development’ means financial support granted under Title III of Regulation (EU) No 1305/2013 or Title III, Chapter II of Regulation (EU) No 1303/2013;\n2. For the purposes of the financing, management and monitoring of expenditure on direct payments and for the purposes of sectoral agricultural legislation expenditure on agricultural support and for the purposes of sectoral agricultural legislation, \"force majeure\" and \"exceptional circumstances\" may, in particular, be recognised in the following cases:\n(a) the death of the beneficiary;\n(b) long-term professional incapacity of beneficiary;\n(c) a severe natural disaster gravely affecting the holding;\n(d) the accidental destruction of livestock buildings on the holding;\n(e) an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively;\n(f) expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application.\n3. In this Regulation, references to Regulation (EU) No 1303/2013 are references to that Regulation as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.",
  "extent": "W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 2(1)(e) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(ai) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 2(1)(f) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 2(1)(f) substituted (31.1.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(i) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 2(1)(g) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(ii); and Art. 2(1)(g) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(ii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 2(1)(h) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and Art. 2(1)(h) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Art. 2(1)(i) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Art. 2(1)(i) inserted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Art. 2(1)(j) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and Art. 2(1)(j) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Art. 2(1)(k) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and a similar Art. 2(1)(k) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Art. 2(1)(l) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and Art. 2(1)(l) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Art. 2(1)(m) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Art. 2(1)(m) substituted (W.) (31.12.2020 in so far as it relates to direct payments) 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), 2(2)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Art. 2(1)(m) inserted (26.2.2022 in so far as it relates to common organisation of the markets and rural development measures) by The Waste and Agriculture (Legislative Functions) Regulations 2022 (S.I. 2022/190), regs. 1(1), 24"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Art. 2(1)(n)(o) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in Art. 2(2) substituted for “the CAP” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iv)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in Art. 2(2) substituted for “the CAP” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Art. 2(3) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "E",
      "label": "E1",
      "text": "This version of this provision applies to Wales, Scotland and Northern Ireland only; a separate version has been created for England only"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2013/1306/article/2",
    "retrieved_at": "2026-11-01T14:48:07.726560+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."
}