{
  "url": "https://openlegislation.uk/eu-regulation-2013-1307/article-32",
  "json_url": "https://openlegislation.uk/eu-regulation-2013-1307/article-32.json",
  "legislation": "eur/2013/1307",
  "legislation_title": "Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2013-1307",
  "path": "article/32",
  "kind": "article",
  "number": "32",
  "heading": "Activation of payment entitlements",
  "text": "1. Support under the basic payment schemefarm sustainability payment scheme shall be granted to farmers, by means of declaration in accordance with Article 33(1), upon activation of a payment entitlement per eligible hectare in the constituent nation where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application ... of reduction of payments in accordance with Article 11 and of linear reductions in accordance with ... Article 51(2) ... of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013.\n1A. The relevant authority may make additional payments based on the amount paid under—\n(i) the Basic Payment Scheme;\n(ii) the Farm Sustainability Transition Payment Scheme; or\n(iii) the Farm Sustainability Payment Scheme.\n2. For the purposes of this Title, 'eligible hectare' means:\n(a) any agricultural area of the holding ... that is used for an agricultural activity or, where the area is also used for non-agricultural activities, is predominantly used for agricultural activities; or\n(aa) any area of the holding comprising–\n(i) blanket bog or lowland raised bog;\n(ii) a discrete area of woodland less than 5 hectares;\n(iii) such vegetative features as the relevant authority may determine; or\n(iv) up to and including seventy per cent stones, scree rock or scattered rock;\n(b) any area which gave a right to payments in 2008 under the single payment scheme laid down in Title III of Regulation (EC) No 1782/2003, and which:\n(i)no longer complies with the definition of 'eligible hectare' under point (a) as a result of the implementation of Directive 92/43/EEC, Directive 2000/60/EC and Directive 2009/147/EC;\n(ii)for the duration of the relevant commitment by the individual farmer, is afforested pursuant to Article 31 of Regulation (EC) No 1257/1999 or to Article 43 of Regulation (EC) No 1698/2005 or to Article 22 of Regulation (EU) No 1305/2013 or under a national scheme the conditions of which comply with Article 43(1), (2) and (3) of Regulation (EC) No 1698/2005 or Article 22 of Regulation (EU) No 1305/2013; or\n(iii)for the duration of the relevant commitment of the individual farmer, is set aside pursuant to Articles 22, 23 and 24 of Regulation (EC) No 1257/1999, to Article 39 of Regulation (EC) No 1698/2005 or to Article 28 of Regulation (EU) No 1305/2013;\n3. For the purposes of point (a) of paragraph 2:\n(a) where an agricultural area of a holding is also used for non-agricultural activities, that area shall be considered to be used predominantly for agricultural activities provided that those agricultural activities can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activities;\n(b) the relevant authority may draw up a list of areas which are predominantly used for non-agricultural activities.\nThe relevant authority must apply the criteria it has established for the implementation of this paragraph in the constituent nation.\n4. Areas shall be considered to be eligible hectares only if they comply with the definition of eligible hectare throughout the calendar year, except in the case of force majeure or exceptional circumstances.\n5. For the purposes of determining 'eligible hectare', the relevant authority having taken the decision referred to in the second subparagraph of Article 4(2) may apply a reduction coefficient to convert the hectares concerned into 'eligible hectares'.\n6. Areas used for the production of hemp shall only be eligible hectares if the varieties used have a tetrahydrocannabinol content not exceeding 0,2 %.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 32(1) 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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 32(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(8)(a)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 32(1) 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(14)(a)(i); words in Art. 32(1) omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(15)(a)(i); words in Art. 32(1) omitted (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 2(12)(a); and words in Art. 32(1) 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(14)(a)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 32(1) 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(14)(a)(ii); words in Art. 32(1) omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(15)(a)(ii); words in Art. 32(1) omitted (S.) (1.1.2021) by virtue of The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 2(12)(b); and words in Art. 32(1) 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(14)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 32(1) 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(8)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Art. 32(1A) inserted (N.I.) (24.2.2025) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), regs. 1, 13(4)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in Art. 32(1A)(ii) inserted (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(4)(a)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Word in Art. 32(1A)(iii) inserted (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(4)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Art. 32(2)(a) 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(8)(b)(i)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Art. 32(2)(aa) inserted (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(5)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Art. 32(2)(b) omitted (N.I.) (1.1.2026) by virtue of The Farm Sustainability Payment Scheme (Eligibility etc) Regulations (Northern Ireland) 2025 (S.R. 2025/179), regs. 1(3), 10(6)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in Art. 32(2)(b) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(8)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in Art. 32(3)(b) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(8)(c)(i)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in Art. 32(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(8)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Art. 32(5) 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(14)(b); Art. 32(5) omitted (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 2(15)(b); and Art. 32(5) 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(14)(b)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in Art. 32(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(8)(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2013/1307/article/32",
    "retrieved_at": "2026-11-01T14:48:07.272502+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."
}