The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025
S.R. 2025/33 · Made 20 February 2025 · Extends to Northern Ireland
Agriculture
Laid before the Assembly in draft
Made 20th February 2025
Coming into operation 24th February 2025
The Department of Agriculture, Environment and Rural Affairs, in the exercise of the powers conferred by section 48 of, and paragraph 2(1) of Schedule 6 to, the Agriculture Act 2020f1 and Article 35(3) of Regulation (EU) No.1307/2013 of the European Parliament and of the Council of 17 December 2013f2 makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
- f2
-
EUR 1307/2013
Contents
- 1Citation and commencement
- 2Interpretation
- 3Farm Sustainability Payment; Eligibility Requirements
- 4Farm Sustainability Payment; Payment Entitlement Transition Requirements
- 5Farm Sustainability Payment; Payment Entitlement Transition Requirements
- 6Farm Sustainability Payment; Payment Entitlement Transition Requirements
- 7Farm Sustainability Payment; Payment Entitlement Transition Requirements
- 8Amendment of the Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015
- 9Amendment of the Beef Carbon Reduction Scheme Regulations (Northern Ireland) 2023
- 10Hemp Production Requirements
- 11Hemp Production Requirements
- 12Amendments to existing legislation
- 13Amendment of the Direct Payments Regulation
- 14Amendment of the Direct Payments Delegated Regulation
- 15Amendment of Commission Implementing Regulation (EU) No.641/2014
- Signature
- Schedule 1Specified Crops
- Schedule 2: Amendments to existing legislation
- 1Amendment of the Horizontal Regulation
- 2Amendment of the Direct Payments Regulation
- 3Amendment of the Direct Payments Delegated Regulation
- 4Amendment of Commission Delegated Regulation (EU) No.640/2014
- 5Amendment of Commission Implementing Regulation (EU) No.641/2014
- 6Amendment of the Commission Implementing Regulation (EU) No809/2014
- Explanatory note
1Citation and commencementI1
These Regulations may be cited as The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 and shall come into operation on 24th February 2025.
2InterpretationI1
In these Regulations—
“agricultural activity” has the same meaning as in Article 4(1)(c) of the Direct Payments Regulation;
“applicant” means an eligible farm business which has applied for a payment under the scheme;
“APHIS” means the Animal Public Health Information System maintained by the Department;
“authorised person” means any person authorised by the Department to act in matters relating to these Regulations;
“Basic Payment Scheme” has the same meaning as in the Direct Payments Regulation.
“the Commission Implementing Regulation” means Commission Implementing Regulation (EU) No.809/2014 laying down the rules for the application of the Horizontal Regulationf1:
“the Department” means the Department of Agriculture, Environment and Rural Affairs;
“determined area” means the area for which all eligibility criteria or other obligations relating to the conditions for the granting of the aid have been met, regardless of the number of the payment entitlements at the beneficiary’s disposal;
“the Direct Payments Delegated Regulation” means Regulation (EU) No.639/2014f2 supplementing the Direct Payments Regulation;
“the Direct Payments Regulation” means Regulation (EU) No.1307/2013 of the European Parliament and Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy;
“eligible farm business” means a farm business which has applied for a payment under the scheme on or before 9th June 2026 and meets the eligibility criteria in regulation 3;
“Farm Sustainability Transition Payment Scheme” means the Basic Payment Scheme in so far as it applies in relation to the 2025 scheme year;
“Farm Sustainability Payment Scheme” means the Basic Payment Scheme in so far as it applies in relation to the 2026 scheme year and subsequent scheme years.
“the Horizontal Regulation” means Regulation (EU) No.1306/2013f3 on the financing, management and monitoring of the common agricultural policy;
“the scheme” means the Farm Sustainability Transition Payment Scheme in relation to the 2025 scheme year and the Farm Sustainability Payment scheme in relation to the 2026 scheme year in these Regulations;
“scheme year” means a year beginning on 1 January and ending on 31 December.
The Interpretation Act (Northern Ireland) 1954f4 shall apply to these Regulations as it applies to an Act of the Assembly.
3Farm Sustainability Payment; Eligibility RequirementsI1
F1In the scheme year 2026 , an applicant must meet the criteria in paragraph (2) or (3) and paragraph (4).
An applicant for the scheme F2in the scheme year 2026 shall for the year 2020 or 2021—
have kept cattle or sheep or reared goats registered on APHIS;
reared deer for meat and sold that meat commercially;
have kept poultry registered with the Department as a commercial flock or pigs registered on APHIS, combined with selling grass (not including the sale of agistment grazing rights);
have farmed at least three hectares of a determined area with an arable or horticultural crop specified in Schedule 1 and declared in an application to the Department for either of those years; or
have been a contract rearer with a contract in place which demonstrated that they managed the livestock and associated grassland, bore the risks in relation to the agricultural activity being carried out and obtained benefits from it.
Paragraph (2) shall not apply to an applicant who in the year 2022, 2023, 2024, 2025 or 2026 has set up a new eligible farm business.
An eligible farm business shall have activated at least three payment entitlements in 2026.
4Farm Sustainability Payment; Payment Entitlement Transition RequirementsI1
Subject to paragraph (2), payment entitlement leases agreed during the 2025 and 2026 scheme years trading period shall not exceed a term of more than one year.
An entitlement lease granted before 1st January 2025 shall continue to have effect until its expiry.
5Farm Sustainability Payment; Payment Entitlement Transition RequirementsI1
Payment entitlements where the lease ceases after the 2026 scheme year shall at the lease cessation date, revert to the lessor for an eligible farm business or if the lessor is not an eligible farm business, the payment entitlements shall expire.
6Farm Sustainability Payment; Payment Entitlement Transition RequirementsF1
Subject to paragraphs (2) to (4), a farm business not eligible for the Farm Sustainability Payment Scheme in 2026 may transfer entitlements to an eligible farm business by 15 May 2026.
Subject to paragraph (3), a farm business not eligible for the Farm Sustainability Payment Scheme in 2026 may not transfer entitlements under paragraph (1) to a farm business created with a new farm business identification number issued on or after 18 November 2025.
The prohibition on transfer of entitlements in paragraph (2) shall not apply to a transfer of entitlements by way of actual inheritance.
For the purposes of this regulation, actual inheritance has the same meaning as in Article 34 of the Direct Payments Regulation.
7Farm Sustainability Payment; Payment Entitlement Transition RequirementsI1
Payment entitlements not held by eligible farm businesses, as determined in regulation 3, shall expire on 15th May 2026.
8Amendment of the Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015I1
The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015f1 shall be amended as follows:
In regulation 2(1), (interpretation) in the appropriate place insert—
““active farmer” means a person who holds decision making power, derives the benefits and assumes the financial risks in relation to the agricultural activity on the land;”.
After regulation 10 insert—
“Active farmers
10A.Only persons who are active farmers on land for which they have claimed payment entitlements shall be eligible to activate payment entitlements in respect of that land”.
9Amendment of the Beef Carbon Reduction Scheme Regulations (Northern Ireland) 2023I1
The Beef Carbon Reduction Scheme Regulations (Northern Ireland) 2023f1 shall be amended as follows.
In regulation 2 (interpretation), insert in the appropriate places—
“Farm Sustainability Transition Payment Scheme” means the Basic Payment Scheme in so far as it applies to the 2025 scheme year;
“Farm Sustainability Payment Scheme” means the payment scheme for the 2026 scheme year and subsequent scheme years which replaces the Farm Sustainability Transition Payment Scheme.
In regulation 5 (Specific requirements; animal and farm businesses), for paragraph (b) substitute—
“(b)be eligible for a payment under–
(i)the Basic Payment Scheme;
(ii)the Farm Sustainability Transition Payment Scheme; or
(iii)the Farm Sustainability Payment Scheme.”.
10Hemp Production RequirementsI1
In Article 9 of the Direct Payments Delegated Regulationf1, paragraphs 2, 3, 4 and 7 and Annex III shall be omitted.
11Hemp Production RequirementsI1
In accordance with Article 35, paragraph 3 of the Direct Payments Regulationf1, active farmers in relation to hemp production shall—
hold a current licence issued by the Department of Health to grow hemp; and
supply the original seed labels to an authorised person upon request.
12Amendments to existing legislationI1
Schedule 2 sets out amendments to existing legislation.
13Amendment of the Direct Payments RegulationI1
The Direct Payments Regulation shall be amended as follows.
In Article 5A –
for paragraphs 1 and 2, substitute “The Department of Agriculture, Environment and Rural Affairs shall determine the total ceiling for Northern Ireland for each year prior to the commencement of payments”;
omit paragraph 3;
omit Annex II.
In Article 30, after paragraph 12, add –
“13.A young farmer or a farmer commencing their agricultural activity is not eligible to apply for an allocation of payment entitlements in a year after 2025.”.
In Article 32, after paragraph 1, insert—
“1A.The relevant authority may make additional payments based on the amount paid under –
(i)the Basic Payment Scheme;
(ii)the Farm Sustainability Transition Scheme; or
(iii)the Farm Sustainability Scheme”.
In Article 50, after paragraph 11, add—
“12.This Article shall not apply after 2025 except where a young farmer is eligible to receive the payment in 2025.
13.A young farmer who received the payment in 2025 or earlier may continue to receive the payment until the end of the 5 year period specified in paragraph 5.”
In Article 53—
for paragraph 1 substitute “The relevant authority shall determine the amount that may be used to finance measures under Article 52.”;
omit paragraphs 3 and 5.
14Amendment of the Direct Payments Delegated RegulationI1
The Direct Payments Delegated Regulation shall be amended as follows.
In Article 53a—
in paragraph 1—
in the first subparagraph, omit “if jointly agreed by the relevant authorities for each constituent nation”;
omit the second subparagraph;
omit paragraphs 2 to 6.
15Amendment of Commission Implementing Regulation (EU) No.641/2014I1
In Commission Implementing Regulation (EU) No.641/2014f1 laying down rules for the application of Regulation (EU) No.1307/2013, in Article 8(1), omit “prior to exit day”.
Signature
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 20th February 2025
L.S.
Rosemary Agnew
A senior officer of the Department of Agriculture, Environment and Rural Affairs
Schedule 1Specified CropsI1
Table 1
| Land Use Code | Land Type |
|---|---|
| CO1 | Spring Barley Includes Feed barley, Malting barley, Two row barley, Six row barley |
| CO2 | Winter Barley includes Feed barley, Malting barley, Two row barley, Six row barley |
| CO3 | Spring Wheat Biscuit wheat, Common or Bread wheat, Durum wheat, Einkorn, Feed wheat, Red wheat, Spelt |
| CO4 | Winter Wheat Biscuit wheat, Common or Bread wheat, Durum wheat, Einkorn, Feed wheat, Red wheat, Spelt |
| CO5 | Spring Oats. Oats, Quaking oats, Porridge oats, Feed oats, Naked oats |
| CO6 | Winter Oats. Oats, Quaking oats, Porridge oats, Feed oats, Naked oats |
| CO7 | Maize including Forage Maize, Maize, Corn, Sweetcorn |
| CO8 | Rapeseed Industrial rape (no separate spring and winter varieties), Spring Oilseed rape, Swede (no separate spring and winter varieties) |
| CO9 | Winter Oilseed rape Winter Oilseed rape |
| CO10 | Spring Triticale |
| CO11 | Winter Triticale |
| CO12 | Linseed Spring Linseed, Flax (no separate spring and winter varieties) |
| CO13 | Winter Linseed |
| CO14 | Spring Rye, Rye |
| CO15 | Winter Rye, Rye |
| CO16 | Wild Bird Cover |
| CO17 | Beet. Includes Beetroot, Chard, Field Beet, Fodder Beet, Mangolds, Red beet, Sugar Beet |
| HV1 | Potato Early potato, Maincrop potato, Seed potato |
| HV2 | Turnip. Bok choi (no separate spring and winter varieties), Chinese cabbage (Pak choi) (no separate spring and winter varieties), Turnip (no separate spring and winter varieties), Spring Turnip rape |
| HV3 | Winter Turnip rape. Winter Turnip rape |
| HV4 | Cabbage. Broccoli, Brussels sprouts, Cabbages, Calabrese, Cauliflower, Chinese kale, Kale, Kohlrabi, Red cabbage, Savoy cabbage, White cabbage, Mustard |
| HV5 | Carrots |
| HV6 | Parsnips |
| HV7 | Onions. Onions, Shallots, Garlic, Leeks, Chives, Scallions, Spring onions |
| HV8 | Asparagus (permanent crop) |
| HV9 | Aubergine. Aubergine, Eggplant |
| HV10 | Butternut Squash. Butternut squash, Cheese pumpkin |
| HV11 | Celeriac. Includes Celeriac, Celery |
| HV12 | Chicory. Includes Chicory, Endive, Radicchio, Italian Chicory |
| HV13 | Cucumber |
| HV14 | Herbs |
| HV15 | Horseradish (permanent crop) |
| HV16 | Lettuce. Lettuce, Romaine lettuce, Cos lettuce, Iceberg lettuce, Butterhead lettuce. |
| HV17 | Parsley. |
| HV18 | Spinach. |
| HV19 | Radish. |
| HV20 | Squash. |
| HF1 | Strawberry. |
| HF2 | Tomato. |
| HF3 | Rhubarb (permanent crop) |
| HF4 | Raspberries, Mulberries, Blackberries, Loganberries, Currants, Cranberries, Bilberries (permanent crops) |
| NF1 | Spring Peas Feed pea, Mange tout, Marrow fat pea, Snap pea, Snow pea, Vining pea |
| NF2 | Spring Field Beans Includes Broad beans, Field beans, Tic beans |
| NF3 | Winter Field Beans. Includes Broad beans, Field beans, Tic beans |
| NF4 | Spring Sweet Lupins |
| NF5 | Winter Sweet Lupins |
| EC1 | Short rotation coppice. Alder, Birch, Hazel, Ash, Lime, Sweet Chestnut, Sycamore, Willow and Poplar (permanent crop) Maximum harvest cycle is 5 years. |
| EC2 | Hemp |
| EC3 | Miscanthus, Reed Canary Grass (permanent crops.) |
| OT1 | Flowers |
| OT3 | Non-commercial grazed orchards, grazed woodlands or areas in agri forestry. |
| OT4 | Ornamentals and Nurseries. Areas of young woody plants. (Permanent crops) |
| OT5 | Commercial Orchards Commercial orchards used to grow top fruit for example, apples and pears. (Permanent crop). |
| OT9 | Land that was eligible, claimed and on which SFP was paid in respect of 2008 scheme year and is subsequently (after 31 December 2008) converted to forestry under an EU scheme remains eligible for the duration of the forestry scheme. |
| OT10 | Land that was eligible, claimed and on which SFP was paid in respect of 2008 scheme year and is subsequently (after 31 December 2008) planted with trees under an EU agri-environment scheme, remains eligible for the duration of the EU agri-environment scheme. |
| OT11 | Land in an EU Forestry Scheme on which SFP was paid in 2008 in respect of set-aside entitlements remains eligible for the duration of the forestry scheme. |
| OT23 | Seed mixture Mixed crop |
1Amendment of the Horizontal RegulationI1
The Horizontal Regulation shall be amended as follows.
In relation to the 2025 scheme year, in Article 67, paragraph 4, subparagraph (b), for “basic payment scheme” substitute “farm sustainability transition payment scheme”.
In relation to the 2026 scheme year and subsequent scheme years, for the “basic payment scheme” substitute “farm sustainability payment scheme”.
2Amendment of the Direct Payments RegulationI1
The Direct Payments Regulation shall be amended as follows.
In relation to the 2025 scheme year, paragraphs (3) and (4) apply.
In Article 1(b)(i), for “a basic payment (the basic payment scheme)” substitute “the farm sustainability transition payment scheme”.
In the following provisions, for “basic payment scheme” substitute “farm sustainability transition payment scheme”—
Article 5A, paragraph 5;
TITLE III, the heading;
Chapter 1, the heading;
Section 1, the heading;
Article 21;
Article 22, the heading and paragraphs 2 and 4
Article 23, paragraphs 1, 2 and 5;
Article 25, paragraph 1;
Article 30, paragraphs 7(e), 8 and 9;
Article 31, paragraph 1(f), (g);
Section 3; the heading
Article 32, paragraph 1;
Article 33, paragraph 2;
Article 35, paragraph 1;
Article 41, paragraphs 1 and 2;
Article 50, paragraphs 1 and 2;
Article 52, paragraph 4(b);
Annex I.
In relation to the 2026 scheme year and subsequent scheme years, in the provisions mentioned in paragraphs (3) and (4), for “basic payment scheme” substitute “farm sustainability payment scheme”.
3Amendment of the Direct Payments Delegated RegulationI1
The Direct Payments Delegated Regulation shall be amended as follows.
In relation to the 2025 scheme year, paragraph (3) applies.
In the following provisions for “basic payment scheme” substitute “farm sustainability transition payment scheme”—
Article 1 paragraph (b);
CHAPTER 2, the heading;
Section 1, the heading;
Article 26;
Article 28, paragraph 3 in the sixth paragraph and paragraph 4;
Article 49, paragraph 1(a) and in both places where it occurs in paragraph 3.
In relation to the 2026 scheme year and subsequent scheme years, in the provisions mentioned in paragraph (3), for “basic payment scheme” substitute “farm sustainability payment scheme”.
4Amendment of Commission Delegated Regulation (EU) No.640/2014I1
The Commission Delegated Regulation (EU) No.640/2014f1 shall be amended as follows.
In relation to the 2025 scheme year, paragraphs (3) and (4) apply.
In the following provisions, for “basic payment scheme” substitute “farm sustainability transition payment scheme”—
Article 6, paragraph 1;
Article 11;
Article 17, paragraph 1(a);
Article 18, paragraphs 1, 2, 3 and 7;
Article 19a, the heading.
In relation to the 2025 scheme year and 2026 scheme year and subsequent scheme years, in Article 18a, in paragraphs 1 and 2, omit “basic”.
In relation to the 2026 scheme year and subsequent scheme years, in the provisions mentioned in paragraph (3), for “basic payment scheme” substitute “farm sustainability payment scheme”.
5Amendment of Commission Implementing Regulation (EU) No.641/2014I1
The Commission Implementing Regulation (EU) No.641/2014f1 shall be amended as follows.
In relation to the 2025 scheme year, paragraph (3) applies.
In the following provisions, for “basic payment scheme” substitute “farm sustainability transition payment scheme”—
Article 1, paragraph (b);
CHAPTER 2, the heading;
Article 9, paragraph 1.
In relation to the 2026 scheme year and subsequent scheme years, in the provisions mentioned in paragraph (3), for “basic payment scheme” substitute “farm sustainability payment scheme”.
6Amendment of the Commission Implementing Regulation (EU) No809/2014I1
The Commission Implementing Regulationf1 shall be amended as follows.
In relation to the 2025 scheme year, paragraph (3) applies.
In the following provisions for “basic payment scheme” substitute “farm sustainability transition payment scheme”—
Article 14, paragraph 1(c);
Article 17, paragraph 4;
Article 22, paragraphs 1 and 2;
Article 23, paragraph 5;
Article 30, in both places where it occurs;
Article 38, paragraph 8.
In relation to the 2026 scheme year and subsequent scheme years, in the provisions mentioned in paragraph (3), for “basic payment scheme” substitute “farm sustainability payment scheme”.
Explanatory note
(This note is not part of the Regulations)
These Regulations establish the requirements for farm sustainability transition payments and farm sustainability payments provided by the Department. The payments made by the Department of Agriculture, Environment and Rural Affairs are to applicants who are eligible for farm sustainability transition payments and farm sustainability payments.
The Scheme—
specifies the eligibility criteria to receive payments (regulation 3);
specifies the requirements to transition Basic Payment Scheme entitlements to Farm Sustainability Transition Payment scheme entitlements (regulations 4, 5, 6 and 7);
specifies amendments to the Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 2015 (regulation 8);
specifies amendments to the Beef Carbon Reduction Scheme Regulations (Northern Ireland) 2023 (regulation 9);
specifies hemp production requirements for the scheme (regulations 10 and 11) ;
amends existing legislation (regulation 12);
amends the Direct Payment Regulation for this scheme (regulation 13);
amends the Direct Payments Delegated Regulation for this scheme (regulation 14);
amends the Commission Implementing Regulation for this scheme (EU) No. 641/2014 (regulation 15);
lists crops eligible for the scheme (see Schedule 1); and
lists the amendments to current legislation substituting the definition of the “basic payment scheme” to “farm sustainability transition scheme” in relation to the 2025 scheme year and “farm sustainability payment scheme” in relation to the 2026 scheme year and subsequent years (see Schedule 2).