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Article 18 Basis of calculation in respect of area-related payments

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F11.)

With regard to an aid applications under the basic payment scheme F2... F3, the re-distributive paymentF4... and, where applicable, the young farmer scheme and where the F5relevant authority applies the F6basic payment scheme farm sustainability transition payment scheme, the following shall apply:

  1. (a)

    if the number of payment entitlements declared exceeds the number of payment entitlements at the beneficiary’s disposal, the number of payment entitlements declared shall be reduced to the number of payment entitlements at the beneficiary’s disposal;

  2. (b)

    if there is a difference between the number of payment entitlements declared and the area declared, the area declared shall be adjusted to the lowest figure.

F7...

(2.)

In case of the payment for young farmers and where the F8relevant authority opts for the payment method laid down in Article 50(6) F9...F10and (8) of Regulation (EU) No 1307/2013; if the area declared under the F11basic payment scheme farm sustainability transition payment scheme F12... exceeds the limit set by the relevant authority in accordance with Article 50(9) of that Regulation, the area declared shall be reduced to that limit.

(F133.)

In case of the re-distributive payment, if the area declared under the F14basic payment scheme farm sustainability transition payment scheme F15... exceeds the limits set by the F16relevant authority in accordance with Article 41(4) of Regulation (EU) No 1307/2013, the area declared shall be reduced to that limit.

F17(4.)

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

(5.)

In case of F18aid applications and/or payment claims under area-related F19aid schemes or support measures, if the area of a crop group determined is established to be greater than the area declared in the aid application, the area declared shall be used for the calculation of the aid.

(6.)

Without prejudice to administrative penalties in accordance with Article 19, in the case of F20aid applications and/or payment claims under area-related F21aid schemes or support measures, if the area declared exceeds the area determined for a crop group as referred to in Article 17(1), the aid shall be calculated on the basis of the area determined for that crop group.

However, without prejudice to Article 60 of Regulation (EU) No 1306/2013, if the difference between the total area determined and F22the total area declared for payment under the direct aid schemes established in F23F24Titles III and IVTitle III of Regulation (EU) No 1307/2013 or the total area declared for payment under an area-related support measure is less than or equal to 0,1 hectare, the area determined shall be set equal to the area declared. For this calculation only over-declarations of areas at the level of a crop group as referred to in Article 17(1) shall be taken into account.

The second subparagraph shall not apply where that difference represents more than 20 % of the total area declared for payments.

(F257.)

For the purpose of calculating the aid under the F26basic payment scheme farm sustainability transition payment scheme, the average of the values of different payment entitlements in relation to the respective area declared shall be taken into account.

Annotations

Textual amendments

F1

Art. 18(1)-(4) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 18(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(a)(i)

F3

Words in Art. 18(1) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(6)(a); and omitted in so far as it relates to direct payments (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), 6(4)(a)

F4

Words in Art. 18(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(a)(ii)

F5

Words in Art. 18(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(a)(iii)

F6

Words in Art. 18(1) 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. 4(3)(d)

F7

Words in Art. 18(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(a)(iv)

F8

Words in Art. 18(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(b)(i)

F9

Word in Art. 18(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(b)(ii)

F10

Words in Art. 18(2) omitted (W. insofar as relates to direct payments) (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), 3(10)

F11

Words in Art. 18(2) 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. 4(3)(d)

F12

Words in Art. 18(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(b)(iii)

F13

Art. 18(3) omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(6)(b); and omitted in so far as it relates to direct payments (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), 6(4)(b)

F14

Words in Art. 18(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. 4(3)(d)

F15

Words in Art. 18(3) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(c)(i)

F16

Words in Art. 18(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(c)(ii)

F17

Art. 18(4) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(d); and Art. 18(1)-(4) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F18

Words in Art. 18(5) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F19

Words in Art. 18(5) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F20

Words in Art. 18(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(c)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F21

Words in Art. 18(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(c)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F22

Words in Art. 18(6) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(c)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F23

Words in Art. 18(6) substituted in so far as it relates to direct payments (E.) (1.1.2021) by The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(6)(c)

F24

Words in Art. 18(6) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(15)(e)

F25

Art. 18(7) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(15)(d) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 9(14)); 2020 c. 1, Sch. 5 para. 1(1)

F26

Words in Art. 18(7) 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. 4(3)(d)

Notes on Section 2

Textual amendments

F1

Words in Title 2 Ch. 4 Section 2 title omitted in so far as it relates to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 7(7)(a) (with reg. 1(2)); and 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), 6(6)(a)