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Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005

TITLE I OBJECTIVES AND STRATEGY

CHAPTER I Subject matter and Definitions

Article 1 Subject matter

1.

This Regulation lays down general rules governing Union support for rural development, financed by the European Agricultural Fund for Rural Development ("the EAFRD") and established by Regulation (EU) No 1306/2013. It sets out the objectives to which rural development policy is to contribute and the relevant Union priorities for rural development. It outlines the strategic context for rural development policy and defines the measures to be adopted in order to implement rural development policy. In addition, it lays down rules on programming, networking, management, monitoring and evaluation on the basis of responsibilities shared between the Member States and the Commission and rules to ensure coordination of the EAFRD with other Union instruments.

2.

This Regulation complements the provisions of Part Two of Regulation (EU) No 1303/2013 of the European Parliament and the Council(1).

Article 2 Definitions

1.

For the purposes of this Regulation, the definitions of "programme", "operation", "beneficiary", "community-led local development strategy", "public expenditure", "SMEs", "completed operation" and "financial instruments" as laid down or referred to in Article 2 and of "less developed regions" and "transition regions" as laid down in points (a) and (b) in Article 90(2) of Regulation (EU) No 1303/2013 apply.

In addition, the following definitions shall apply:

  1. "programming": means the process of organisation, decision making and allocation of financial resources in several stages, with the involvement of partners, intended to implement, on a multi-annual basis, joint action by the Union and the Member States to achieve the Union priorities for rural development.

  2. "region" means a territorial unit corresponding to level 1 or 2 of the Nomenclature of territorial units for statistics (NUTS level 1 and 2) within the meaning of Regulation (EC) No 1059/2003 of the European Parliament and of the Council(2);

  3. "measure" means a set of operations contributing to one or more of the Union priorities for rural development;

  4. "support rate" means the rate of public contribution to an operation;

  5. "transaction cost" means an additional cost linked to fulfilling a commitment, but not directly attributable to its implementation or not included in the costs or income foregone that are compensated directly; and which can be calculated on a standard cost basis;

  6. "agricultural area" means any area taken up by arable land, permanent grassland and permanent pasture or permanent crops as defined in Article 4 of Regulation (EU) No 1307/2013;

  7. "economic losses" means any additional cost incurred by a farmer as a result of exceptional measures taken by the farmer with the objective of reducing supply on the market concerned or any substantial loss of production;

  8. "adverse climatic event" means weather conditions, such as frost, storms and hail, ice, heavy rain or severe drought, which can be assimilated to a natural disaster;

  9. "animal diseases" means diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health or in the Annex to Council Decision 2009/470/EC(3);

  10. "environmental incident" means a specific occurrence of pollution, contamination or degradation in the quality of the environment which is related to a specific event and is of limited geographical scope; but does not cover general environmental risks not connected with a specific event, such as climate change or atmospheric pollution;

  11. "natural disaster": means a naturally occurring event of a biotic or abiotic nature that leads to important disturbances in agricultural production systems or forest structures, eventually causing important economic damage to the farming or forestry sectors;

  12. "catastrophic event": means an unforeseen event of a biotic or abiotic nature caused by human action that leads to important disturbances in agricultural production systems or forest structures, eventually causing important economic damage to the farming or forestry sectors;

  13. "short supply chain": means a supply chain involving a limited number of economic operators, committed to co-operation, local economic development, and close geographical and social relations between producers, processors and consumers;

  14. "young farmer" means a person who is no more than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of that holding; the setting up may be done solely or jointly with other farmers, irrespective of its legal form;

  15. "thematic objectives": means the thematic objectives defined in Article 9 of Regulation (EU) No 1303/2013;

  16. "Common Strategic Framework" ("CSF")": means the Common Strategic Framework referred to in Article 10 of Regulation (EU) No 1303/2013;

  17. "cluster" means a grouping of independent undertakings, including start-ups, small, medium and large undertakings as well as advisory bodies and/or research organisations - designed to stimulate economic/ innovative activity by promoting intensive interactions, the sharing of facilities and the exchange of knowledge and expertise, as well as contributing effectively to knowledge transfer, networking and information dissemination among the undertakings in the cluster;

  18. "forest" means an area of land spanning more than 0,5 hectares with trees higher than 5 meters and a canopy cover of more than 10 percent, or trees able to reach these thresholds in situ; and does not include land that is predominantly under agricultural or urban land use, subject to paragraph 2;

  19. "date of setting up" means the date when the applicant performs or completes (an) action(s) related to the setting up referred to in point (n).

2.

A Member State or region may choose to apply a forest definition, other than the one in point (r) of paragraph 1, based on existing national law or inventory system. The Member States or regions shall provide such definition in the rural development programme;

3.

In order to ensure a coherent approach in the treatment of beneficiaries and to take into account the need for an adaptation period, as regards the definition of young farmer laid down in paragraph 1(n), the Commission shall be empowered to adopt delegated acts in accordance with Article 83 concerning the conditions under which a legal person may be considered to be a 'young farmer', and the setting of a grace period for the acquisition of occupational skills.

CHAPTER II Mission, objectives and priorities

Article 3 Mission

Article 4 Objectives

Article 5 Union priorities for rural development

TITLE II PROGRAMMING

CHAPTER I Programming content

Article 6 Rural development programmes

Article 7 Thematic sub-programmes

Article 8 Content of rural development programmes

CHAPTER II Preparation, approval and modification of rural development programmes

Article 9 Ex ante conditionalities

Article 10 Approval of rural development programmes

Article 11 Amendment of rural development programmes

Article 12 Rules on procedures and timetables

TITLE III RURAL DEVELOPMENT SUPPORT

CHAPTER I Measures

Article 13 Measures

Article 14 Knowledge transfer and information actions

Article 15 Advisory services, farm management and farm relief services

Article 16 Quality schemes for agricultural products, and foodstuffs

Article 17 Investments in physical assets

Article 18 Restoring agricultural production potential damaged by natural disasters and catastrophic events and introduction of appropriate prevention actions

Article 19 Farm and business development

Article 20 Basic services and village renewal in rural areas

Article 21 Investments in forest area development and improvement of the viability of forests

Article 22 Afforestation and creation of woodland

Article 23 Establishment, regeneration or renovation of agroforestry systems

Article 24 Prevention and restoration of damage to forests from forest fires and natural disasters and catastrophic events

Article 25 Investments improving the resilience and environmental value of forest ecosystems

Article 26 Investments in forestry technologies and in processing, in mobilising and in the marketing of forest products

Article 27 Setting -up of producer groups and organisations

Article 28 Agri-environment-climate

Article 29 Organic farming

Article 30 Natura 2000 and Water Framework Directive payments

Article 31 Payments to areas facing natural or other specific constraints

Article 32 Designation of areas facing natural and other specific constraints

Article 33 Animal welfare

Article 34 Forest-environmental and climate services and forest conservation

Article 35 Co-operation

Article 36 Risk management

Article 37 Crop, animal, and plant insurance

Article 38 Mutual funds for adverse climatic events, animal and plant diseases, pest infestations and environmental incidents

Article 39 Income stabilisation tool for farmers of all sectors

Article 39a Income stabilisation tool for farmers of a specific sector

Article 39b Exceptional temporary support to farmers and SMEs particularly affected by the COVID-19 crisis

Article 39c Exceptional temporary support to farmers and SMEs particularly affected by the impact of Russia’s invasion of Ukraine

Article 40 Financing of complementary national direct payments for Croatia

Article 41 Rules on the implementation of the measures

LEADER

Article 42 LEADER local action groups
Article 43 LEADER start-up kit
Article 44 LEADER co-operation activities

CHAPTER II Common provisions for several measures

Article 45 Investments

Article 46 Investments in irrigation

Article 47 Rules for area related payments

Article 48 Revision clause

Article 49 Selection of operations

Article 50 Rural area definition

CHAPTER III Technical assistance and networking

Article 51 Funding technical assistance

Article 52 European network for rural development

Article 53 European Innovation Partnership network

Article 54 National rural network

TITLE IV EIP FOR AGRICULTURAL PRODUCTIVITY AND SUSTAINABILITY

Article 55 Aims

Article 56 Operational groups

Article 57 Tasks of operational groups

TITLE V FINANCIAL PROVISIONS

Article 58 Resources and their distribution

Article 58a Resources for the recovery of the Union agricultural sector and rural areas

Article 59 Fund contribution

Article 60 Eligibility of expenditure

Article 61 Eligible expenditure

Article 62 Verifiability and controllability of measures

Article 63 Advances

TITLE VI MANAGEMENT, CONTROL AND PUBLICITY

Article 64 Responsibilities of the Commission

Article 65 Responsibilities of the Member States

Article 66 Managing Authority

TITLE VII MONITORING AND EVALUATION

CHAPTER I General provisions

Section 1 Establishment and objectives of a monitoring and evaluation system

Article 67 Monitoring and evaluation system
Article 68 Objectives

Section 2 Technical provisions

Article 69 Common indicators
Article 70 Electronic Information System
Article 71 Provision of information

CHAPTER II Monitoring

Article 72 Monitoring procedures

Article 73 Monitoring Committee

Article 74 Responsibilities of the Monitoring Committee

Article 75 Annual implementation report

CHAPTER III Evaluation

Article 76 General provisions

Article 77 Ex ante evaluation

Article 78 Ex post evaluation

Article 79 Syntheses of evaluations

TITLE VIII COMPETITION PROVISIONS

Article 80 Rules applying to undertakings

Article 81 State aid

Article 82 Additional national financing

TITLE IX COMMISSION POWERS, COMMON PROVISIONS AND TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I Commission powers

Article 83 Exercise of the delegation

Article 84 Committee procedure

CHAPTER II Common provisions

Article 85 Exchange of information and documents

Article 86 Processing and protection of personal data

Article 87 General CAP provisions

CHAPTER III Transitional and final provisions

Article 88 Regulation (EC) No 1698/2005

Article 89 Transitional provisions

Article 90 Entry into force and application

ANNEX I

ANNEX Ia

ANNEX II

ANNEX III

ANNEX IV

ANNEX V

ANNEX VI