Article 32 Activation of payment entitlementsF1

the Basic Payment Scheme;

the Farm Sustainability Transition F8Payment Scheme; or

the Farm Sustainability F9Payment Scheme.

any agricultural area of the holding F10... 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

any area of the holding comprising–

F13any 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:

1. (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;

2. (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

3. (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;

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;

F14the relevant authority may draw up a list of areas which are predominantly used for non-agricultural activities.