OpenLegislation

Article 50 General rulesF1E1

England and Northern Ireland

Original text. Later amendments are not shown.

1.

F2The relevant authority shall grant an annual payment to young farmers who are entitled to a payment under the F3farm sustainability payment scheme or the single area payment scheme referred to in Chapter 1 ("payment for young farmers").

2.

For the purposes of this Chapter, 'young farmers', means natural persons:

(a)

who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application under the farm sustainability payment scheme or the single area payment scheme referred to in Article 72(1) of Regulation (EU) No 1306/2013; and

(b)

who are no more than 40 years of age in the year of submission of the application referred to in point (a).

F42a.

A farmer as defined in Article 4(1)(a) who has been rejected for the payment for young farmers in three or more scheme years shall no longer be eligible for the payment for young farmers.

A young farmer as defined in Article 50(2) who has been rejected for the payment for young farmers, in three or more scheme years shall no longer be eligible for a payment for young farmers. For the purpose of this sub paragraph, a young farmer shall include those who make an application for the payment for young farmers but are rejected due to not meeting the requirements of Article 50(2)(a).

This paragraph shall not apply in the 2021 scheme year.

F53.

Young farmers applying for the payment under this Article must also meet any objective and non-discriminatory requirements specified by the relevant authority prior to exit day regarding appropriate skills and/or training requirements.

4.

Without prejudice to the application F6... of reduction of payments in accordance with Article 11 F7..., and to the application of Article 63 of Regulation (EU) No 1306/2013, the payment for young farmers shall be granted annually upon activation of payment entitlements by the farmer F8....

F95.

The payment for young farmers shall be granted per farmer for a period of five years, starting from the first submission of the application for the payment for young farmers provided that that submission takes place within the five years following the setting up referred to in point (a) of paragraph 2. That period of five years shall also apply for farmers who have received payment for young farmers in respect of claims before claim year 2018.

By way of derogation from the second sentence of the first subparagraph, F10the relevant authority may decide that, for those young farmers who set up in accordance with point (a) of paragraph 2 in the period 2010-2013, the five-year period is to be reduced by the number of years which have elapsed between the setting up referred to in point (a) of paragraph 2 and the first submission of the application for the payment for young farmers.

F11Notwithstanding a change in the head of holding, a farmer as defined in Article 4(1)(a) shall not receive the payment for young farmers for a total period greater than 5 years.

6.

Each year, F12in accordance with the legislation applying in the constituent nation, the relevant authority shall calculate the amount of the payment for young farmers by multiplying the number of entitlements the farmer has activated in accordance with Article 32(1) by a figure corresponding to:

(a)

between 25 % and 50 % of the average value of the owned or leased-in payment entitlements held by the farmer; or

(b)

between 25 % and 50 % of an amount calculated by dividing a fixed percentage F13of the relevant authority’s share of the national ceiling for the calendar year 2019 F14... by the number of all eligible hectares declared F15in the constituent nation in 2015 in accordance with Article 33(1). F16The fixed percentage shall be equal to the percentage of the relevant authority’s share of the national ceiling which remained for the basic payment scheme in the constituent nation for 2015.

F177.

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

8.

By way of derogation from F18paragraph 6 of this Article, F19where the legislation applying in the constituent nation so provides, the relevant authority shall calculate each year the amount of the payment for young farmers by multiplying a figure corresponding to a value between 25 % and 50 % of the F20... average payment per hectare F21in the constituent nation by the number of entitlements that the farmer has activated in accordance with Article 32(1) F22....

The F23... average payment per hectare F24in the constituent nation shall be calculated by dividing F25the relevant authority’s share of the national ceiling for the calendar year 2019 F26... by the number of eligible hectares declared F27in the constituent nation in 2015 in accordance with Article 33(1) F28....

9.

F29The maximum limit applicable to the number of payment entitlements activated by the farmer or to the number of eligible hectares declared by the farmer F30is the single maximum limit set by the relevant authority prior to exit day. That limit shall not be below 25 or above 90. F31The relevant authority shall respect that limit when applying paragraphs F326 and 8.

F3310.

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

F3410A.

Paragraphs 3, 6 and 9 only apply where the decisions to which they refer were taken and notified to the Commission by 31 January 2015.

11.

In order to guarantee the protection of the rights of beneficiaries and to avoid discrimination among them, the F35appropriate authority may make regulations concerning the conditions under which a legal person may be considered to be eligible to receive the payment for young farmers.

F3612.

This Article shall not apply after 2025 except where a young farmer is eligible to receive the payment in 2025.

13.

A young farmer who received the payment in 2025 or earlier may continue to receive the payment until the end of the 5 year period specified in paragraph 5.

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. 50(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(a)

F3

Words in Art. 50(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)

F4

Art. 50(2a) inserted (N.I.) (25.2.2021) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 10(3)

F5

Art. 50(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(b)

F6

Words in Art. 50(4) 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(17)(a)

F7

Words in Art. 50(4) 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(17)(b)

F8

Words in Art. 50(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(21)(c)

F9

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.

F10

Words in Art. 50(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(d)

F11

Words in Art. 50(5) inserted (N.I.) (6.1.2022) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2022 (S.R. 2022/1), regs. 1(1), 4(2)

F12

Words in Art. 50(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(e)(i)

F13

Words in Art. 50(6) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(e)(ii)

F14

Words in Art. 50(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(21)(e)(iii)

F15

Words in Art. 50(6) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(e)(iv)

F16

Words in Art. 50(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(e)(v)

F17

Art. 50(7) 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(21)(f)

F18

Words in Art. 50(8) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(g)(i)(aa)

F19

Words in Art. 50(8) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(g)(i)(bb)

F20

Word in Art. 50(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(21)(g)(i)(cc)

F21

Words in Art. 50(8) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(g)(i)(dd)

F22

Words in Art. 50(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(21)(g)(i)(ee)

F23

Word in Art. 50(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(21)(g)(ii)(aa)

F24

Words in Art. 50(8) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(g)(ii)(bb)

F25

Words in Art. 50(8) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(g)(ii)(cc)

F26

Words in Art. 50(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(21)(g)(ii)(dd)

F27

Words in Art. 50(8) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(g)(ii)(ee)

F28

Words in Art. 50(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(21)(g)(ii)(ff)

F29

Word in Art. 50(9) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(h)(i)

F30

Words in Art. 50(9) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(h)(ii)

F31

Words in Art. 50(9) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(h)(iii)

F32

Words in Art. 50(9) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(h)(iv)

F33

Art. 50(10) 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(21)(i)

F34

Art. 50(10A) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(j)

F35

Words in Art. 50(11) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(21)(k)

F36

Art. 50(12)(13) inserted (N.I.) (24.2.2025) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), regs. 1, 13(5)

Extent

E1

This version of this provision applies to England and Northern Ireland only; separate versions have been created for Wales only and Scotland only

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)