OpenLegislation

Article 13 Investments

United Kingdom

Original text. Later amendments are not shown.

F1(1)

F2For the purposes of Article 45 of Regulation (EU) No 1305/2013, where the support is provided in the form of grants, the following rules shall apply:

  1. (a)

    in the case of leasing, other costs connected with the leasing contract, such as lessor’s margin, interest refinancing costs, overheads and insurance charges, shall not be eligible expenditure;

  2. (b)

    F3The relevant authority shall set out in their rural development programmes the conditions under which the purchase of second-hand equipment may be regarded as eligible expenditure;

  3. (c)

    F4The relevant authority shall require compliance with minimum standards for energy efficiency for supported investments in renewable energy infrastructure, that consume or produce energy F5, where such standards exist at national level;

  4. (d)

    investments in installations, the primary purpose of which is electricity production from biomass, shall not be eligible for support unless a minimum percentage of heat energy is utilised, to be determined by the F6relevant authority;

  5. (e)

    F7The relevant authority shall establish thresholds for the maximum proportions of cereals and other starch rich crops, sugars and oil crops used for bioenergy production, including biofuels, for different types of installations. Support to bioenergy projects shall be limited to bioenergy meeting the applicable sustainability criteria laid down in F8F9assimilated direct legislation and in Article 17(2) to (6) of Directive 2009/28/EC of the European Parliament and of the Councilf1. In that context, a general assessment shall be included in the strategic environmental assessment of the rural development programme.

F10(2.)

For the purposes of Article 13(e), Article 17 of Directive 2009/28/EC is to be read as if—

(a)

Article 17(3)(b)(ii) is omitted;

(b)

“Community” includes the United Kingdom.

Annotations

Textual amendments

F1

Art. 13 renumbered as Art. 13(1) (31.12.2020) by The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770), regs. 1, 2(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Substituted by Commission Delegated Regulation (EU) 2019/94 of 30 October 2018 amending Delegated Regulation (EU) No 807/2014 supplementing Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions.

F3

Words in Art. 13(1)(b) substituted (31.12.2020) by The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770), regs. 1, 2(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Art. 13(1)(c) substituted (31.12.2020) by The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770), regs. 1, 2(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Art. 13(1)(c) omitted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 9(6)

F6

Words in Art. 13(1)(d) substituted (31.12.2020) by The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770), regs. 1, 2(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 13(1)(e) substituted (31.12.2020) by The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770), regs. 1, 2(11)(aa)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Art. 13(1)(e) substituted (31.12.2020) by The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770), regs. 1, 2(11)(b)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F9

Words in Art. 13(1)(e) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 109

F10

Art. 13(2) inserted (31.12.2020) by The Rural Development (Rules and Decisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/770), regs. 1, 2(11)(c); 2020 c. 1, Sch. 5 para. 1(1)

Footnotes

f1

Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).