Explanatory note

These Regulations amend Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No. 637/2008 and Council Regulation (EC) No. 73/2009 (“the Direct Payments Regulation”) and Commission Delegated Regulation (EU) No. 639/2014 of 11 March 2014 supplementing Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and amending Annex X to that Regulation (“Commission Delegated Regulation (EU) No. 639/2014”).

Regulation 2 substitutes Article 46(2)(h) in the Direct Payments Regulation to create an improved afforested areas option under the Ecological Focus Area element of greening. The new option enables small areas of woodland on farms and crofts to be used as Ecological Focus Areas.

Regulation 3 amends Article 45 of Commission Delegated Regulation (EU) No. 639/2014 to set out, in more detail, the requirements to be met under Article 46(2)(h) of the Direct Payments Regulation.

Regulations 2 and 3 also amend or remove certain cross-references to Article 46(2)(h) of the Direct Payments Regulation in the Direct Payments Regulation and in Commission Delegated Regulation (EU) No. 639/2014.

A Business and Regulatory Impact Assessment has been prepared. Copies can be obtained online at www.legislation.gov.uk.