{ "url": "https://openlegislation.uk/eu-regulation-2013-1307/article-41", "json_url": "https://openlegislation.uk/eu-regulation-2013-1307/article-41.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/41", "kind": "article", "number": "41", "heading": "General rules", "text": "1. The relevant authority may grant an annual payment to farmers who are entitled to a payment under the farm sustainability payment scheme referred to in Sections 1, 2, 3 and 5 of Chapter 1 (“the redistributive payment”), provided that such a decision was taken and notified to the Commission by 1 August 2019.\n2. If the relevant authority applies the farm sustainability payment scheme at regional level in accordance with Article 23, it may apply the redistributive payment at regional level.\n3. Without prejudice to the application of financial discipline, of reduction of payments in accordance with Article 11, of linear reductions as referred in Article 7 of this Regulation, and to the application of Article 63 of Regulation (EU) No 1306/2013, the redistributive payment shall be granted annually upon activation of payment entitlements by the farmer ....\n4. The redistributive payment shall be calculated each year by the relevant authority by multiplying a figure to be set by the relevant authority, which shall not be higher than 65 % of the ... average payment per hectare made by the relevant authority (at regional level where applicable), by the number of payment entitlements activated by the farmer in accordance with Article 33(1) .... The number of such payment entitlements or hectares shall not exceed a maximum to be set by the relevant authority which shall not be higher than 30 hectares , or 54 hectares if the average size exceeds 30 hectares in the constituent nation concerned.\n5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n6. The national average payment per hectare referred to in paragraph 4 of this Article shall be established by the relevant authority on the basis of its share of the national ceiling ... for calendar year 2019 and the number of eligible hectares declared in accordance with Article 33(1) ... in 2015.\n...\n7. The relevant authority shall ensure that no advantage provided for under this Chapter is granted to farmers in respect of whom it is established that, after 18 October 2011, they divided their holding with the sole purpose of benefiting from the redistributive payment. This shall also apply to farmers whose holdings result from that division.\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .", "extent": "E+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": "Art. 41 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(18); and Art. 41 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(13)" }, { "type": "F", "label": "F3", "text": "Art. 41(1)(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(a)" }, { "type": "F", "label": "F4", "text": "Words in Art. 41(1)(2) 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": "F5", "text": "Words in Art. 41(3) 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(13)(b)" }, { "type": "F", "label": "F6", "text": "Words in Art. 41(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(c)(i)" }, { "type": "F", "label": "F7", "text": "Words in Art. 41(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(c)(ii)(aa)" }, { "type": "F", "label": "F8", "text": "Words in Art. 41(4) 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(13)(c)(iii)" }, { "type": "F", "label": "F9", "text": "Words in Art. 41(4) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(c)(iv)" }, { "type": "F", "label": "F10", "text": "Words in Art. 41(4) 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(13)(c)(v)" }, { "type": "F", "label": "F11", "text": "Words in Art. 41(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(c)(vi)" }, { "type": "F", "label": "F12", "text": "Words in Art. 41(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(c)(ii)(bb)" }, { "type": "F", "label": "F13", "text": "Art. 41(5) 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(13)(d)" }, { "type": "F", "label": "F14", "text": "Words in Art. 41(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(e)(i)(aa)" }, { "type": "F", "label": "F15", "text": "Words in Art. 41(6) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(e)(i)(bb)" }, { "type": "F", "label": "F16", "text": "Words in Art. 41(6) 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(13)(e)(i)(cc)" }, { "type": "F", "label": "F17", "text": "Words in Art. 41(6) 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(13)(e)(i)(dd)" }, { "type": "F", "label": "F18", "text": "Words in Art. 41(6) 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(13)(e)(ii)" }, { "type": "F", "label": "F19", "text": "Words in Art. 41(7) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(13)(f)" }, { "type": "F", "label": "F20", "text": "Art. 41(8) 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(13)(g)" }, { "type": "E", "label": "E1", "text": "This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only" } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/eur/2013/1307/article/41", "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." }