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

TITLE III U.K. FARM ADVISORY SYSTEM

Article 12 E+S+N.I. [F1 Principle and scope] [F1 Farm Advisory System]

[F1 1. [F2 The relevant authority must have in place] a system for advising beneficiaries on land management and farm management ('farm advisory system'). That farm advisory system shall be operated by designated public bodies and/or selected private bodies.

2. The farm advisory system shall cover at least the following:

(a) [F3 obligations at farm level resulting from the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI;]

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) measures at farm level provided for in rural development programmes for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as for the promotion of entrepreneurship;

[F5 (d) requirements on beneficiaries which apply as a consequence of the implementation of Article 11(3) of Directive 2000/60/EC;

(e) requirements on beneficiaries which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Article 14 of Directive 2009/128/EC.]

3. The farm advisory system may also cover, in particular:

(a) the promotion of conversions of farms and the diversification of their economic activity;

(b) risk management and the introduction of appropriate preventive actions to address natural disasters, catastrophic events and animal and plant diseases;

(c) the minimum requirements established by [F6 the law applying in the constituent nation], as referred to in Article 28(3) and 29(2) of Regulation (EU) No 1305/2013;

(d) the information related to climate change mitigation and adaptation, biodiversity and protection of water, as set out in Annex I to this Regulation.]

[F1 The relevant authority must have in place a system for advising beneficiaries on land management and farm management (“farm advisory system”). That farm advisory system shall be operated by designated public bodies and/or selected private bodies. That system shall cover [F7 the agricultural practices beneficial for the climate and the environment laid down in Chapter 3 of Title III of Regulation (EU) No 1307/2013 and] the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of [F8 that Regulation] [F8 Regulation (EU) No 1307/2013].]

Extent Information

E1 This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales only

Textual Amendments

F1 Art. 12 substituted for Arts. 12-15 (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), 5(1)

F2 Words in Art. 12(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, 5(1)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 12(2)(a) revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg. 1(1), Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F4 Art. 12(2)(b) omitted (31.12.2020) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(1)(b)(i) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 12(2)(d)(e) 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, 5(1)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 12(3)(c) 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, 5(1)(c); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 12 omitted (E.) (1.1.2021 insofar as relates to direct payments) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 4(2)(a) (with reg. 1(2)); and words in Art. 12 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), 3(2)(a)

F8 Words in Art. 12 substituted (E.) (1.1.2021 insofar as relates to direct payments) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 4(2)(b) (with reg. 1(2)); and words in Art. 12 substituted (N.I.) (25.2.2021) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 3(2)(b)

Article 12 W [F21 Principle and scope] [F21 Farm Advisory System]

[F21 1. [F22 The relevant authority [F23 may] have in place] a system for advising beneficiaries on land management and farm management ('farm advisory system'). That farm advisory system [F24 may] be operated by designated public bodies and/or selected private bodies.

2. The farm advisory system shall cover at least the following:

(a) obligations at farm level resulting from the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI;

[F25 (aa) maintenance of the agricultural area as referred to in point (c) of Article 4(1) Regulation (EU) No 1307/2013;]

F26 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) measures at farm level provided for in rural development programmes for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as for the promotion of entrepreneurship;

[F27 (d) requirements on beneficiaries which apply as a consequence of the implementation of Article 11(3) of Directive 2000/60/EC;]

F28 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

[F21 The relevant authority [F30 may] have in place a system for advising beneficiaries on land management and farm management (“farm advisory system”). That farm advisory system [F31 may] be operated by designated public bodies and/or selected private bodies. [F32 That system may cover the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of Regulation (EU) No. 1307/2013.]]

Extent Information

E2 This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland only

Textual Amendments

F21 Art. 12 substituted for Arts. 12-15 (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), 5(1)

F22 Words in Art. 12(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, 5(1)(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Word in Art. 12(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(3)(a)(i)

F24 Word in Art. 12(1) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(3)(a)(ii)

F25 Art. 12(2)(aa) inserted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(3)(b)(i)

F26 Art. 12(2)(b) omitted (31.12.2020) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(1)(b)(i) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F27 Art. 12(2)(d)(e) 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, 5(1)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F28 Art. 12(2)(e) 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), 2(3)(b)(ii)

F29 Art. 12(3) 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), 2(3)(C)

F30 Word in Art. 12 substituted (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(3)(a)

F31 Word in Art. 12 substituted (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(3)(b)

F32 Words in Art. 12 substituted (W.) (31.12.2020 in so far as 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(3)(c)

[F1 [F9 Article 13 U.K. Specific requirements relating to the farm advisory system

1. [F10 The relevant authority] shall ensure that advisors working within the farm advisory system are suitably qualified and regularly trained.

2. [F11 The relevant authority] shall ensure the separation between advice and checks. In that respect, and without prejudice to [F12 the law applying in the constituent nation] concerning public access to documents, [F13 the relevant authority] shall ensure that the selected and designated bodies as referred to in Article 12(1) do not disclose any personal or individual information or data they obtain in the course of their advisory activity to persons other than the beneficiary who is managing the holding concerned, with the exception of any irregularity or infringement found in the course of their activity which is covered by an obligation laid down in F14 ... law to inform a public authority, in particular in the case of criminal offences.

3. The [F15 relevant authority] shall provide, primarily by electronic means, the potential beneficiary with the appropriate list of selected and designated bodies as referred in Article 12(1).]]

Textual Amendments

F1 Art. 12 substituted for Arts. 12-15 (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), 5(1)

F9 Arts. 13-15 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), 2(4)

F10 Words in Art. 13(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, 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 13(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, 5(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 13(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, 5(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 13(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, 5(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 13(2) 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, 5(2)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 13(3) 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, 5(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F1 [F9 Article 14 U.K. Access to the farm advisory system

Beneficiaries and farmers not receiving [F16 agricultural support] may use the farm advisory system on a voluntary basis.

Without prejudice to the fourth subparagraph of Article 99(2), [F17 the relevant authority] may, however, determine in accordance with objective criteria, the categories of beneficiaries that have priority access to the farm advisory system, including networks operating with limited resources within the meaning of Articles 53, 55 and 56 of Regulation (EU) No 1305/2013.

In such cases, [F17 the relevant authority] shall ensure that priority is given to those farmers with the most limited access to an advisory service other than the farm advisory system.

The farm advisory system shall ensure that beneficiaries have access to advice reflecting the specific situation of their holding.]]

Textual Amendments

F1 Art. 12 substituted for Arts. 12-15 (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), 5(1)

F9 Arts. 13-15 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), 2(4)

F16 Words in Art. 14 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, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 14 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, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F1 [F9 Article 15 U.K. [F18 Powers]

The [F19 appropriate authority may make regulations] laying down rules on the uniform implementation of the farm advisory system in order to render that system fully operational.

F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F1 Art. 12 substituted for Arts. 12-15 (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), 5(1)

F9 Arts. 13-15 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), 2(4)

F18 Art. 15 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 5(za) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 10(3)); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 15 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 5(a); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 15 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 5(b); 2020 c. 1, Sch. 5 para. 1(1)