{
  "url": "https://openlegislation.uk/eu-regulation-2013-1307/article-46",
  "json_url": "https://openlegislation.uk/eu-regulation-2013-1307/article-46.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/46",
  "kind": "article",
  "number": "46",
  "heading": "Ecological focus area",
  "text": "1. Where the arable land of a holding covers more than 15 hectares, the farmer shall ensure that, from 1 January 2015, an area corresponding to at least 5 % of the arable land of the holding that the farmer declared in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013 and, if they are considered to be ecological focus area by the relevant authority in accordance with paragraph 2 of this Article, including the areas mentioned in points (c), (d), (g), (h), (k) and (l) of that paragraph is ecological focus area.\nFrom 1 January 2027 the percentage referred to in the first subparagraph of this paragraph is increased from 5% to 7%.\nBy 31 March 2017, the Commission shall present an evaluation report on the implementation of the first subparagraph of this paragraph accompanied, where appropriate, by a proposal for a legislative act as referred to in the second subparagraph.\n2. An ecological focus area may include one or more of the following:\n(a) land lying fallow;\n(b) terraces;\n(c) landscape features, including such features adjacent to the arable land of the holding which, by way of derogation from Article 43(1) of this Regulation, may include landscape features that are not included in the eligible area in accordance with point (c) of Article 76(2) of Regulation (EU) No 1306/2013;\n(d) buffer strips, including buffer strips covered by permanent grassland, provided that these are distinct from adjacent eligible agricultural area;\n(e) hectares of agro-forestry that receive, or have received, support under Article 44 of Regulation (EC) No 1698/2005 and/or Article 23 of Regulation (EU) No 1305/2013;\n(f) strips of eligible hectares along forest edges;\n(g) areas with short rotation coppice with no use of mineral fertiliser and/or plant protection products;\n(h) afforested areas referred to in point (b)(ii) of Article 32(2) of this Regulation;\nafforested areas that receive, or have received, support under Article 22 of Regulation (EU) No 1305/2013 through a forestry grant scheme agreement for small or farm woodland creation;\n(i) areas with catch crops, or green cover established by the planting and germination of seeds, subject to the application of weighting factors referred to in paragraph 3 of this Article;\n(j) areas with nitrogen-fixing crops;\n(k) areas with Miscanthus ;\n(l) areas with Silphium perfoliatum ;\n(m) land lying fallow for melliferous plants (pollen and nectar rich species);\n(n) low input grassland;\n(o) herb and legume-rich pasture;\n(p) unharvested crop;\n(q) low density woodland planting.\nWith the exception of the areas of the holding referred to in points (g), (h), (k) and (l) of the first subparagraph of this paragraph, the ecological focus area shall be located on the arable land of the holding. In the case of areas referred to in points (c) and (d) of the first subparagraph of this paragraph, the ecological focus area may also be adjacent to the arable land of the holding the farmer declared in accordance with point (a) of the first subparagraph of Article 72(1) of Regulation (EU) No 1306/2013.\n3. In order to simplify administration and to take account of the characteristics of the types of ecological focus area listed in the first subparagraph of paragraph 2, as well as to facilitate their measurement, the relevant authority may, when calculating the total hectares represented by the ecological focus area of the holding, make use of the conversion and/or weighting factors set out in Annex X. If the relevant authority decides to consider to be ecological focus area the area under point (i) of the first subparagraph of paragraph 2 or any other area that is subject to a weighting of less than 1, the use of the weighting factors set out in Annex X shall be mandatory.\n4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n5. The relevant authority may decide to implement up to half of the percentage points of the ecological focus area referred to in paragraph 1 at regional level in order to obtain adjacent ecological focus areas. The relevant authority shall designate the areas and the obligations of participating farmers or groups of farmers. ...\n6. The relevant authority may decide to allow farmers whose holdings are in close proximity to fulfil the obligation referred to in paragraph 1 collectively (\"collective implementation\"), provided that the ecological focus areas concerned are contiguous. ... The relevant authority may designate the areas on which collective implementation is possible and may impose further obligations upon farmers or groups of farmers participating in such collective implementation.\nEach farmer participating in collective implementation shall ensure that at least 50 % of the area subject to the obligation in paragraph 1 is located on the land of his holding and is in accordance with the second subparagraph of paragraph 2. The number of farmers participating in such collective implementation shall not exceed ten.\n7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n9. The appropriate authority may make regulations:\n(a) laying down further criteria for the types of areas referred to in paragraph 2 of this Article to qualify as ecological focus area;\n(b) adding other types of areas than those referred to in paragraph 2 that can be taken into account for the purpose of respecting the percentage referred to in paragraph 1;\n(c) adapting Annex X in order to establish the conversion and weighting factors referred to in paragraph 3 and in order to take into account the criteria and/or types of areas to be defined by the appropriate authority under points (a) and (b) of this paragraph;\n(d) setting rules for the implementation referred to in paragraphs 5 and 6, including the minimum requirements on such implementation;\n(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(10.) —\n((a)) A farmer to whom paragraph 1 of this Article applies must prepare and maintain a map (in this paragraph, “the EFA map”) showing the location and size of areas declared as ecological focus areas for the purposes of paragraph 1.\n((b)) The EFA map must have been prepared not more than one year before the start of the claim year to which it relates.\n((c)) The EFA map may be combined with a habitats map provided as part of the habitats report under article 43a(2)(c).\n((d)) The farmer must provide a copy of the EFA map to the Scottish Ministers on request.",
  "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": "Title 3 Ch. 3 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(19); Title 3 Ch. 3 omitted (E.) (1.1.2021 in relation to an application for direct payments made in 2021 or in any subsequent year) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 5(6) (with reg. 1(2)); and Title 3 Ch. 3 omitted (N.I.) (25.2.2021) by virtue of The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 4(5)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 46(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 46(1) substituted (S.) (31.12.2025) by The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 46(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Art. 46(2)(h) substituted (S.) (10.11.2022) by The Rural Support (Simplification and Improvement) (Scotland) (No. 2) Regulations 2022 (S.S.I. 2022/279), regs. 1, 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material."
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Art. 46(2)(n)-(q) inserted (S.) (31.12.2025) by The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Word in Art. 46(2) omitted (S.) (10.11.2022) by virtue of The Rural Support (Simplification and Improvement) (Scotland) (No. 2) Regulations 2022 (S.S.I. 2022/279), regs. 1, 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Art. 46(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(c)(i)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in Art. 46(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Art. 46(4) omitted (S.) (31.12.2025) by virtue of The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 2(2)(c)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in Art. 46(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(d)(i)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in Art. 46(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(18)(d)(ii)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in Art. 46(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(e)(i)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Words in Art. 46(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(18)(e)(ii)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Art. 46(7)(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(18)(f)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in Art. 46(9) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(g)(i)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Words in Art. 46(9)(c) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(18)(g)(ii)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Art. 46(9)(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(18)(g)(iii)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Art. 46(10) inserted (S.) (31.12.2025) by The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 2(2)(d)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2013/1307/article/46",
    "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."
}