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Article 31 Replenishment of the national reserve or regional reservesF1F2

United Kingdom

Original text. Later amendments are not shown.

1.

The national reserve or regional reserves shall be replenished by amounts resulting from:

(F3a)

payment entitlements not giving right to payments during two consecutive years due to the application of:

  1. (i)

    F4Article 9,

  2. (ii)

    Article 10(1), or

  3. (iii)

    Article 11(4) of this Regulation;

C1(F5b)

a number of payment entitlements equivalent to the total number of payment entitlements which have not been activated by farmers in accordance with Article 32 of this Regulation for a period of two consecutive years, except where their activation has been prevented by force majeure or exceptional circumstances; when establishing the owned or leased-in payment entitlements held by a farmer that shall revert to the national reserve or regional reserves, priority shall be given to those entitlements which have the lowest value;

(c)

payment entitlements voluntarily returned by farmers;

F6(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

unduly allocated payment entitlements in accordance with Article 63 of Regulation (EU) No 1306/2013;

(f)

a linear reduction of the value of payment entitlements under the F7basic payment schemefarm sustainability payment scheme at national or regional level where the national reserve or regional reserves are not sufficient to cover the cases referred to in Article 30(9) of this Regulation;

(F8g)

where F9the relevant authority considers it necessary, a linear reduction of the value of payment entitlements under the basic payment schemefarm sustainability payment scheme at national or regional level to cover cases referred to in Article 30(6) of this Regulation. In addition, F10a relevant authority already making use of that linear reduction may in the same year also apply a linear reduction of the value of payment entitlements under the basic payment scheme farm sustainability payment scheme at national or regional level to cover cases referred to in points (a) and (b) of the first subparagraph of Article 30(7) of this Regulation;

(F11h)

the application of Article 34(4) of this Regulation.

2.

The F12appropriate authority may make regulations laying down necessary measures regarding the reversion of non-activated payment entitlements to the national reserve or regional reserves. F13...

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. 31 omitted (W.) (1.1.2026) by virtue of The Basic Payment Scheme (Tapering, Payment Entitlements and Closure) (Wales) Regulations 2025 (S.I. 2025/1282), regs. 1(2), 7(3)

F3

Art. 31(1)(a) omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 5(5); and Art. 31(1)(a) omitted (S.) (1.1.2024) by virtue of The Rural Support (Simplification and Improvement) (Scotland) Regulations 2023 (S.S.I. 2023/308), regs. 1, 2

F4

Art. 31(1)(a)(i) omitted (N.I.) (23.2.2021) by virtue of The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/40), regs. 1(1), 2(13)

F5

Art. 31(1)(b) omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 5(5); and Art. 31(1)(b) omitted (S.) (1.1.2024) by virtue of The Rural Support (Simplification and Improvement) (Scotland) Regulations 2023 (S.S.I. 2023/308), regs. 1, 2

F6

Art. 31(1)(d) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(7)(a)(i)

F7

Words in Art. 31(1)(f)(g) substituted (N.I.) (1.1.2026 in relation to the 2026 scheme year and subsequent years) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), Sch. 2 para. 2(5)

F8

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.

F9

Words in Art. 31(1)(g) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(7)(a)(ii)(aa)

F10

Words in Art. 31(1)(g) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(7)(a)(ii)(bb)

F11

Art. 31(1)(h) omitted (W.) (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 7(13)

F12

Words in Art. 31(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(7)(b)(i)

F13

Words in Art. 31(2) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(7)(b)(ii)

Modifications

C1

Art. 31(1)(b) comes into operation in its application to the Farm Sustainability Payment Scheme (N.I.) on 1.1.2026 by The Farm Sustainability Payment Scheme (Eligibility etc) Regulations (Northern Ireland) 2025 (S.R. 2025/179), regs. 1(3), 10(3)

Notes on Title III

Textual amendments

F2

Words in Title 3 heading substituted (N.I.) (1.1.2026 in relation to the 2026 scheme year and subsequent years) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), Sch. 2 para. 2(5)

Notes on Chapter 1

Textual amendments

F2

Words in Title 3 Ch. 1 heading substituted (N.I.) (1.1.2026 in relation to the 2026 scheme year and subsequent years) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), Sch. 2 para. 2(5)