Article 31 Replenishment of the national reserve or regional reservesF1F2
United Kingdom
The national reserve or regional reserves shall be replenished by amounts resulting from:
payment entitlements not giving right to payments during two consecutive years due to the application of:
- (i)
F4Article 9, - (ii)
Article 10(1), or - (iii)
Article 11(4) of this Regulation;
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;
payment entitlements voluntarily returned by farmers;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
unduly allocated payment entitlements in accordance with Article 63 of Regulation (EU) No 1306/2013;
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;
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 schemefarm 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;
the application of Article 34(4) of this Regulation.
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
- 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)