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Article 35 Delegated powersF1

United Kingdom

Original text. Later amendments are not shown.

1.

In order to ensure legal certainty and to clarify the specific situations that may arise in the application of the F2basic payment scheme farm sustainability payment scheme , the F3appropriate authority may make regulations concerning:

(a)

rules on eligibility and access in respect of the basic payment scheme of farmers in the case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination, transfer of payment entitlements, F4and merger or scission of the holding F5...;

(b)

rules on the calculation of the value and number or on the increase or reduction in the value of payment entitlements in relation to the allocation of payment entitlements under any provision of this Title, including rules:

  1. (i)

    on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer,

  2. (ii)

    on the conditions for establishing the provisional and definitive value and number of the payment entitlements,

  3. (iii)

    on the cases where a sale or lease contract may affect the allocation of payment entitlements;

(c)

rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve or regional reserves;

(d)

rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and in the case of transfer of payment entitlements referred to in Article 34(4);

F6(e)

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

(f)

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

(g)

criteria for the allocation of payment entitlements pursuant to Article 30(6) F7and (7);

(F8h)

criteria for setting the reduction coefficient referred to in Article 32(5).

2.

In order to ensure the proper management of payment entitlements, the F9appropriate authority may make regulations laying down rules on the content of the declaration and the requirements for the activation of payment entitlements.

3.

In order to preserve public health, the F10appropriate authority may make regulations laying down rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content referred to in Article 32(6).

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

Words in Art. 35(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)

F3

Words in Art. 35(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(11)(a)(i)

F4

Word in Art. 35(1)(a) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(11)(a)(ii)(aa)

F5

Words in Art. 35(1)(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(11)(a)(ii)(bb)

F6

Art. 35(1)(e)(f) 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(11)(a)(iii)

F7

Words in Art. 35(1)(g) 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(16)(a)

F8

Art. 35(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(16)(b); Art. 35(1)(h) 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(17); and Art. 35(1)(h) 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(16)

F9

Words in Art. 35(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(11)(b)

F10

Words in Art. 35(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(11)(c)

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)

Notes on Section 3

Textual amendments

F2

Words in Title 3 Section 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)