OpenLegislation

Article 11 Reduction of paymentsF1E1

England and Northern Ireland

Original text. Later amendments are not shown.

F21.

The relevant authority shall reduce the amount of payments pursuant to Chapter 1 of Title III for a given calendar year by the amount stated in regulation 15 of the Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015 for the relevant years.

2.

Before applying paragraph 1, F3the relevant authority may subtract the salaries linked to an agricultural activity actually paid and declared by the farmer in the previous calendar year, including taxes and social contributions related to employment, from the 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 farmer in the previous calendar year, the most recent data available shall be used.

3.

Where F4the relevant authority decides to grant a redistributive payment to farmers pursuant to Chapter 2 of Title III and to use more than 5 % F5of its share of the annual national ceiling F6... for that purpose, it may decide not to apply this Article.

Where the relevant authority decides to grant a redistributive payment to farmers pursuant to Chapter 2 of Title III and the application of the maximum limits set out in Article 41(4) prevents it from using more than 5 % of its share of the annual national ceiling ... for that purpose, F7the relevant authority may decide not to apply this Article.

4.

No advantage by means of avoiding reductions of the payment shall be granted in favour of farmers in respect of whom it is established that they artificially created, after 18 October 2011, the conditions to avoid the effects of this Article.

F85.

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6.

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Annotations

Textual amendments

F1

Regulation revoked (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 3 para. 1 Table 1 (with Sch. 3 Pt. 2)

F2

Art. 11(1) substituted (N.I.) (1.1.2026) by The Farm Sustainability Payment Scheme (Eligibility etc) Regulations (Northern Ireland) 2025 (S.R. 2025/179), regs. 1(3), 10(2)

F3

Words in Art. 11(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 4(12)(b)

F4

Words in Art. 11(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 4(12)(c)(i)

F5

Words in Art. 11(3) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 4(12)(c)(ii)

F6

Words in Art. 11(3) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 4(12)(c)(iii)

F7

Words in Art. 11(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 4(12)(c)(iv)

F8

Art. 11(5)(6) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 4(12)(d)

Extent

E1

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