Article 47 Rules for the collective implementation and the criteria to be met by holdings to be considered to be in close proximityF1F2
United Kingdom
F3Where the relevant authority decides to allow a collective implementation as provided for in Article 46(6) of Regulation (EU) No 1307/2013, F4the relevant authority shall define the criteria to be met by holdings considered to be in close proximity using any of the following:
- (a)
farmers of whom 80 % of the holding are in the same municipality; - (b)
farmers of whom 80 % of the holding are in an area with a radius of a number of kilometres to be set byF5the relevant authoritywith a maximum of 15 kilometres.
F6Where the relevant authority opts for designating the areas on which collective implementation is possible and F7opts for imposing obligations upon participating farmers or groups of farmers, F8the relevant authority shall take account of existing national or regional biodiversity and/or climate change mitigation and adaptation strategies, river basin management plans or needs identified with a view to ensure the ecological coherence of the Natura 2000 network referred to in Article 10 of Directive 92/43/EEC or to contribute to the enhancement of green infrastructure.
The obligations for the participating farmers or groups of farmers referred to in paragraph 2 shall include the condition that the contiguous ecological focus areas will consist of one or more of the areas referred to in points (a), (c) F9and (d) of the second subparagraph of Article 46(2) of Regulation (EU) No 1307/2013.
Farmers participating in the collective implementation shall conclude a written agreement that includes details on the internal arrangements of financial compensation and as regards the administrative penalties in case of non-compliance on the common ecological focus area.
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
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), 8(8); and 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), 6(3) (with reg. 1(2)); and 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), 5(3)
- F3
Words in Art. 47(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 12(9)(a)(i)
- F4
Words in Art. 47(1) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 12(9)(a)(ii)
- F5
Words in Art. 47(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 12(9)(a)(iii)
- F6
Words in Art. 47(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 12(9)(b)(i)
- F7
Word in Art. 47(2) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 12(9)(b)(ii)
- F8
Words in Art. 47(2) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 12(9)(b)(iii)
- F9
Words in Art. 47(3) substituted (S.) (10.11.2022) by The Rural Support (Simplification and Improvement) (Scotland) (No. 2) Regulations 2022 (S.S.I. 2022/279), regs. 1, 3(4)