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Regulation (EU) No 1306/2013 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008

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Regulation (EU) No 1306/2013 of the European Parliament and of the Council, Article 75 is up to date with all changes known to be in force on or before 08 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Article 75:

  • Regulation power to modify conferred (temp.) by 2020 asp 17 s. 2
  • Regulation power to modify conferred (temp.) by 2020 asp 17 s. 3
  • Regulation power to modify conferred (temp.) by 2020 asp 17 s. 4
  • Art. 75(1) words substituted by S.I. 2019/763 reg. 7(16)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 7(16)(a)(ii) substituted immediately before IP completion day by S.I. 2020/1445, reg. 3(7)(g))

Changes and effects yet to be applied to the whole legislation item and associated provisions

  • Art. 2(1)(p) inserted by S.I. 2019/748 reg. 3
  • Art. 2(1)(p) inserted by S.I. 2019/831 reg. 62 (This amendment not applied to legislation.gov.uk. Reg. 62 omitted immediately before IP completion day by virtue of S.I. 2020/1445, reg. 16(9))
  • Art. 28A inserted by S.I. 2019/748, reg. 8A (as inserted) by S.I. 2019/1344 reg. 7 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Art. 78(b) words substituted by S.I. 2019/748 reg. 19(b) (This amendment not applied to legislation.gov.uk. Reg. 19(b) substituted immediately before IP completion day by S.I. 2020/1445, reg. 10(9))

Article 75EPayment to beneficiaries

1.The payments under the support schemes and the measures referred to in Article 67(2) shall be made within the period from 1 December to 30 June of the following calendar year.

Payments shall be made in a maximum of two instalments within that period.

[F1Notwithstanding the first and second subparagraphs of this paragraph, [F2the relevant authority] may:

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)prior to 1 December, pay advances of up to 75 % for the support granted under rural development as referred to in Article 67(2).

With regard to support granted under rural development, as referred to in Article 67(2), the first and second subparagraphs of this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 2019.]

2.Payments referred to in the paragraph 1 F4... shall not be made before the verification of eligibility conditions, to be carried out by the [F5relevant authority] pursuant to Article 74, has been finalised.

By way of derogation from the first subparagraph, advances for support granted under rural development as referred to in Article 67(2) may be paid after the administrative checks pursuant to Article 59(1) have been finalised.

3.In the event of an emergency, the [F6appropriate authority may make regulations] which are both necessary and justifiable, in order to resolve specific problems in relation to the application of this Article. Such [F7regulations] may derogate from paragraphs 1 and 2, but only to the extent that, and for such a period, as is strictly necessary.

F8...

Extent Information

E1This version of this provision applies to England only; separate versions have been created for Wales, Scotland and Northern Ireland

Textual Amendments

F2Words in Art. 75(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), 7(13)(a)(i); and words in Art. 75(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 75(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), 7(13)(b); and words in Art. 75(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 75WPayment to beneficiaries

1.The payments under the support schemes and the measures referred to in Article 67(2) shall be made within the period from 1 December to 30 June of the following calendar year [F9or in cases where it has not been possible to complete the verification of eligibility conditions by 30 June, upon completion.]

Payments shall be made in a maximum of two instalments within that period.

[F10Notwithstanding the first and second subparagraphs of this paragraph, [F11the relevant authority] may:

[F12(a)prior to 1 December F13..., pay advances F14... for direct payments [F15before the verification of eligibility conditions, to be carried out by the relevant authority pursuant to Article 74, has been finalised];]

(b)prior to 1 December, pay advances of up to 75 % for the support granted under rural development as referred to in Article 67(2).

With regard to support granted under rural development, as referred to in Article 67(2), the first and second subparagraphs of this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 2019.]

2.Payments referred to in the paragraph 1 [F16(excluding advances for direct payments under paragraph 1(a))] shall not be made before the verification of eligibility conditions, to be carried out by the [F17relevant authority] pursuant to Article 74, has been finalised.

By way of derogation from the first subparagraph, advances for support granted under rural development as referred to in Article 67(2) may be paid after the administrative checks pursuant to Article 59(1) have been finalised.

3.In the event of an emergency, the [F18appropriate authority may make regulations] which are both necessary and justifiable, in order to resolve specific problems in relation to the application of this Article. Such [F19regulations] may derogate from paragraphs 1 and 2, but only to the extent that, and for such a period, as is strictly necessary.

F20...

Extent Information

E2This version of this provision applies to Wales only; separate versions have been created for England, Scotland, and Northern Ireland

Textual Amendments

F9Words in Art. 75(1) inserted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(11)(a)

F11Words in Art. 75(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), 7(13)(a)(i); and words in Art. 75(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12Art. 75(1)(a) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F13Words in Art. 75(1)(a) omitted (W.) (31.12.2020 in so far as it relates to direct payments) 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), 2(11)(b)(i)

F14Words in Art. 75(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), 7(13)(a)(ii)

F17Words in Art. 75(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), 7(13)(b); and words in Art. 75(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 75SPayment to beneficiaries

1.The payments under the support schemes and the measures referred to in Article 67(2) shall be made within the period from 1 December to 30 June of the following calendar year.

Payments shall be made in a maximum of two instalments within that period.

[F21Notwithstanding the first and second subparagraphs of this paragraph, [F22the relevant authority] may:

[F23(a)prior to 1 December F24..., pay advances F25... for direct payments;]

(b)prior to 1 December, pay advances of up to 75 % for the support granted under rural development as referred to in Article 67(2).

With regard to support granted under rural development, as referred to in Article 67(2), the first and second subparagraphs of this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 2019.]

[F262.Payments referred to in paragraph 1 may be made after the administrative checks referred to in Article 74 have been finalised.]

3.In the event of an emergency, the [F27appropriate authority may make regulations] which are both necessary and justifiable, in order to resolve specific problems in relation to the application of this Article. Such [F28regulations] may derogate from paragraphs 1 and 2, but only to the extent that, and for such a period, as is strictly necessary.

F29...

Extent Information

E3This version of this provision extends to Scotland only; separate versions have been created for England, Wales, and Northern Ireland

Textual Amendments

F22Words in Art. 75(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), 7(13)(a)(i); and words in Art. 75(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F23Art. 75(1)(a) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F25Words in Art. 75(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), 7(13)(a)(ii)

Article 75N.I.Payment to beneficiaries

1.The payments under the support schemes and the measures referred to in Article 67(2) shall be made within the period from 1 December to 30 June of the following calendar year.

Payments shall be made in a maximum of two instalments within that period.

[F30Notwithstanding the first and second subparagraphs of this paragraph, [F31the relevant authority] may:

[F32(a)prior to 1 December [F33in any claim year], pay advances F34... for direct payments;]

(b)prior to 1 December, pay advances of up to 75 % for the support granted under rural development as referred to in Article 67(2).

With regard to support granted under rural development, as referred to in Article 67(2), the first and second subparagraphs of this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 2019.]

2.Payments referred to in the paragraph 1 shall not be made before [F35the administrative checks to be carried out by the relevant authority pursuant to Article 74, have been finalised.]

By way of derogation from the first subparagraph, advances for support granted under rural development as referred to in Article 67(2) may be paid after the administrative checks pursuant to Article 59(1) have been finalised.

3.In the event of an emergency, the [F36appropriate authority may make regulations] which are both necessary and justifiable, in order to resolve specific problems in relation to the application of this Article. Such [F37regulations] may derogate from paragraphs 1 and 2, but only to the extent that, and for such a period, as is strictly necessary.

F38...

Extent Information

E4This version of this provision extends to Northern Ireland only; separate versions have been created for England, Wales, and Scotland

Textual Amendments

F31Words in Art. 75(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), 7(13)(a)(i); and words in Art. 75(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F32Art. 75(1)(a) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F33Words in Art. 75(1)(a) substituted (N.I.) (1.8.2022) by The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/193), regs. 1(1), 2(a)

F34Words in Art. 75(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), 7(13)(a)(ii)

F35Words in Art. 75(2) substituted (N.I.) (1.8.2022) by The Direct Payments to Farmers (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/193), regs. 1(1), 2(b)

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