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Article 53a Transfer of funds between measuresF1F2

United Kingdom

Original text. Later amendments are not shown.

(1.)

Without prejudice to the requirements set out in Chapter I of Title IV of Regulation (EU) No 1307/2013, F3the relevant authority may decide, F4if jointly agreed by the relevant authorities for each constituent nation, to use the amounts fixed in accordance with Article 53 of Regulation (EU) No 1307/2013 for the purpose of financing one or several other support measures under Chapter I of Title IV of F5that Regulation in respect of the same claim year.

F6A transfer of funds between support measures shall not result in a support measure notified to the Commission F7before exit day pursuant to Article 54 of Regulation (EU) No 1307/2013 F8as it existed immediately before exit day and Article 67(1) and (2) of this Regulation F9as it existed immediately before exit day becoming void.

(F10F112.)

Where the area or the number of animals eligible for support under a voluntary coupled support measure in the claim year concerned equals to or exceeds the area or the number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013 as notified in accordance with point (3)(j) of Annex I to this Regulation F12as it had effect immediately before exit day, the support measure shall not benefit from a transfer of funds from any other support measure(s).

(3.)

Where the area or the number of animals eligible for support under a voluntary coupled support measure in the claim year concerned is lower compared to the area or the number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013 as notified in accordance with point (3)(j) of Annex I to this Regulation F13as it had effect immediately before exit day, a transfer of funds shall not result in the per unit amount becoming lower than the ratio between the amount fixed for the financing as notified in accordance with point (3)(i) of that Annex F14as it had effect immediately before exit day and the area or the number of animals referred to in Article 52(6) of Regulation (EU) No 1307/2013.

(F154.)

Where F16the relevant authority grants coupled support for protein crops while using the possibility provided for in Article 53(3) of Regulation (EU) No 1307/2013, a transfer of funds shall not result in the support available for protein crops to be less than 2 % of the annual national ceiling set out in Annex II to that Regulation.

(5.)

A decision to transfer funds between support measures shall be taken before the date of the first payment or payment of advances to farmers in respect of the voluntary coupled support. However, in respect of transfers from and to measures for which no payment has been made yet, such decision may be taken after that date, but no later than:

  1. (a)

    the last day of the month in which the first payment or payment of advances to farmers in respect of the voluntary coupled support is made;

  2. (b)

    30 November where such first payment or payment of advances is made in the period from 16 to 31 October.

(6.)

The F17relevant authority intending to take a decision to transfer funds between support measures shall inform farmers of a possible transfer before the date of opening of the application period.

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

Inserted by Commission Delegated Regulation (EU) 2016/141 of 30 November 2015 amending Delegated Regulation (EU) No 639/2014 as regards certain provisions on the payment for young farmers and on voluntary coupled support and derogating from Article 53(6) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council.

F3

Words in Art. 53a(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 14(3)(a)(i)

F4

Words in Art. 53a(1) omitted (N.I.) (24.2.2025) by virtue of The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), regs. 1, 14(2)(a)(i)

F5

Words in Art. 53a(1) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 14(3)(a)(ii)

F6

Words in Art. 53a(1) omitted (N.I.) (24.2.2025) by virtue of The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), regs. 1, 14(2)(a)(ii)

F7

Words in Art. 53a(1) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 14(3)(b)(i)

F8

Words in Art. 53a(1) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 14(3)(b)(ii)

F9

Words in Art. 53a(1) inserted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 14(3)(b)(iii)

F10

Art. 53a(2)-(6) omitted (N.I.) (24.2.2025) by virtue of The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), regs. 1, 14(2)(b)

F11

Substituted by Commission Delegated Regulation (EU) 2018/707 of 28 February 2018 amending Delegated Regulation (EU) No 639/2014 as regards the eligibility criteria for support for hemp under the basic payment scheme and certain requirements in respect of voluntary coupled support.

F12

Words in Art. 53a(2) inserted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(5)(a)

F13

Words in Art. 53a(3) inserted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(5)(b)(i)

F14

Words in Art. 53a(3) inserted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 4(5)(b)(ii)

F15

Art. 53a(4) 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(11); and Art. 53a(4) 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), 3

F16

Words in Art. 53a(4) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 14(3)(c)

F17

Words in Art. 53a(6) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 14(3)(d)