{
  "url": "https://openlegislation.uk/eu-regulation-2014-639/article-28",
  "json_url": "https://openlegislation.uk/eu-regulation-2014-639/article-28.json",
  "legislation": "eur/2014/639",
  "legislation_title": "Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2014-639",
  "path": "article/28",
  "kind": "article",
  "number": "28",
  "heading": "Establishment of payment entitlements from the national or regional reserve under Article 30(6) of Regulation (EU) No 1307/2013",
  "text": "(1.) For the purposes of Article 30(6) of Regulation (EU) No 1307/2013, where a young farmer or a farmer who commences his agricultural activity applies for payment entitlements from the national or regional reserve while he does not hold any payment entitlement (owned or leased-in), he shall receive a number of payment entitlements equal to the number of eligible hectares he holds (owned or leased-in) at the latest date for lodging his application for the allocation or increase of the value of payment entitlements fixed ... on the basis of Article 78(b) of Regulation (EU) No 1306/2013.\n(2.) Where a young farmer or a farmer who commences his agricultural activity applies for payment entitlements from the national or regional reserve while he already holds payment entitlements (owned or leased-in), he shall receive a number of payment entitlements equal to the number of eligible hectares he holds (owned or leased-in) at the latest date for lodging his application referred to in paragraph 1 for which he does not hold any payment entitlement (owned or leased-in).\nWhere the value of the entitlements that the farmer already holds (owned or leased-in) is below the national or regional average referred to in the second subparagraph of Article 30(8) of Regulation (EU) No 1307/2013, the annual unit values of those entitlements may be increased up to the national or regional average as provided for in Article 30(10) of that Regulation.\nHowever, if the relevant authority applies the increase referred to in Article 30(10) of Regulation (EU) No 1307/2013 for the purposes of Article 30(7) of that Regulation, the increase referred to in the second subparagraph of this paragraph shall be mandatory .... Such increase should be at a level corresponding to the highest level of increase applied for the purposes of Article 30(7) of Regulation (EU) No 1307/2013.\n(3.) If the relevant authority applied Article 24(6) ... of Regulation (EU) No 1307/2013 as it had effect immediately before exit day, the limitations of the allocation of payment entitlements laid down in those provisions may be applied mutatis mutandis for the allocation of payment entitlements pursuant to Article 30(6) of Regulation (EU) No 1307/2013.\nHowever, the relevant authority may decide that where the application of one or several limitations referred to in the first subparagraph limits the total number of payment entitlements which the farmer already holds and which are to be newly allocated from the reserve to less than a fixed percentage of his eligible hectares in the year in which he applies for allocation of payment entitlements from the reserve, that farmer shall be allocated an additional number of payment entitlements corresponding to a share in the total number of his eligible hectares declared in his application for that year in accordance with Article 72(1) of Regulation (EU) No 1306/2013.\nThe fixed percentage referred to in the second subparagraph of this Article shall be calculated in accordance with the method referred in the second subparagraph of Article 31(2) of this Regulation as it had effect immediately before exit day.\nThe share of the total number of eligible hectares of the farmer referred to in the second subparagraph of this paragraph shall be calculated as half of the difference in percentage points between the fixed percentage referred to in the third subparagraph of this paragraph and the share of ‘payment entitlements held by the farmer’ in his eligible hectares declared in accordance with Article 72(1) of Regulation (EU) No 1306/2013 in his application for the year referred to in the second subparagraph of this paragraph. For the purposes of this subparagraph, ‘payment entitlements held by the farmer’ means payments entitlement already held by the farmer and which are to be newly allocated from the reserve.\nWhen calculating the number of eligible hectares referred to in the second, third and fourth subparagraphs of this paragraph, the relevant authority may decide not to include any areas taken up by permanent crops, by permanent grassland located in areas with difficult climatic conditions as referred to in Article 24(6) of Regulation (EU) No 1307/2013 as it had effect immediately before exit day or by areas recognised as permanent grassland in accordance with the second subparagraph of Article 4(2) of Regulation (EU) No 1307/2013.\nThe relevant authority using the possibility provided in Article 23 of Regulation (EU) No 1307/2013 to apply the basic payment schemefarm sustainability transition payment scheme at regional level may base the calculation method referred to in the second subparagraph of this paragraph upon the total numbers allocated/declared in 2015 in the relevant region.\nFor the purpose of determining the threshold in the second subparagraph, the land acquired or leased-in by the farmer after 19 October 2011 shall not be taken into account.\n(4.) For the purposes of this Article, only those farmers who commence their agricultural activity shall be considered who commenced their agricultural activity in calendar year 2013 or any later year and who submit an application for the basic paymentfarm sustainability transition payment scheme not later than two years after the calendar year in which they commenced their agricultural activity.",
  "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": "Words in Art. 28(1) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Art. 28(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(b)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Art. 28(2) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 28(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(c)(i)(aa)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 28(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), 11(8)(c)(i)(bb)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Art. 28(3) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(c)(i)(cc)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in Art. 28(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(c)(ii)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in Art. 28(3) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(c)(iii)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in Art. 28(3) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(c)(iv)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in Art. 28(3) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 11(8)(c)(v)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in Art. 28(3) substituted (N.I.) (24.2.2025 in relation to the 2025 scheme) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), reg. 1, Sch. 2 para. 3(3)(e)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in Art. 28(4) substituted (N.I.) (24.2.2025 in relation to the 2025 scheme) by virtue of The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), reg. 1, Sch. 2 para. 3(3)(e)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "nisr/2025/33",
      "affecting_title": "The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "words substituted",
      "affecting": "nisr/2025/33",
      "affecting_title": "The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025"
    },
    {
      "type": "omitted",
      "affecting": "wsi/2025/1282",
      "affecting_title": "The Basic Payment Scheme (Tapering, Payment Entitlements and Closure) (Wales) Regulations 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2014/639/article/28",
    "retrieved_at": "2026-11-01T14:47:34.513983+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."
}