General requirements for the receipt of direct payments, single area payment, climate and environment payment, and payment for young farmers
Passed 17.04.2015 No. 32
RT I, 22.04.2015, 27
Entry into force 25.04.2015
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 15.04.2016 | RT I, 22.04.2016, 1 | 25.04.2016 |
| 19.04.2017 | RT I, 25.04.2017, 2 | 28.04.2017 |
| 22.12.2017 | RT I, 29.12.2017, 16 | 01.01.2018 |
| 23.04.2018 | RT I, 25.04.2018, 14 | 28.04.2018 |
| 03.09.2018 | RT I, 07.09.2018, 1 | 10.09.2018 |
| 21.12.2018 | RT I, 29.12.2018, 7 | 01.01.2019 |
The Regulation is established under § 2(3), § 13(2) and (5), § 14(3), § 15(2)1–5) and (3)3), § 16(3), § 21(2) and (3) of the European Union Common Agricultural Policy Implementation Act, Article 9(2), Article 10(1)b), Article 11(2), Article 32(3), Article 33(1), Article 36(5), Article 45(1), Article 46(2), Article 46(3) and (7), Article 50(3) and (9) of 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 repealing Council Regulation (EC) No. 637/2008 and Council Regulation (EC) No. 73/2009 (OJ L 347, 20 December 2013, pp. 608–670), and Article 4(1)b), Article 12(2), Article 13(2), Articles 41 and 42, and Article 45(4), (8) and (10) of the Commission Delegated Regulation (EU) No. 639/2014, 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 (OJ L 181, 20 June 2014, pp. 1–47).
[RT I, 29.12.2018, 7 - entry into force 01.01.2019]
Chapter 1 General provisions
§ 1. Scope of application
The Regulation establishes the general requirements for receiving direct payments, and the specific requirements for receiving single area payment, payment for agricultural practices beneficial for the climate and the environment (hereinafter climate and environment payment), the payment for young farmers, and the procedure of applying for and the support and processing of the applications.
Chapter 2 General requirements for receipt of direct payments
§ 2. Requirements to applicants of direct payments
Direct payments can be applied for by persons or an association of persons (hereinafter collectively referred to as applicant) who comply with the requirements specified in subsections 12 (1) and (11) of the European Union Common Agricultural Policy Implementation Act.
[RT I, 29 December 2018, 7 – entry into force 1 January 2019]
§ 3. Requirements for agricultural area
(1) A direct payment can be applied for at least one hectare of agricultural area where an agricultural activity referred to in Article 4(1)(c) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council is being pursued and which the applicant uses as of June 15 in the year of submission of the application. Upon determining the size of an agricultural area, an agricultural parcel with an area of at least 0.3 hectares is taken into account.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(2) The agricultural area where an agricultural activity referred to in Article 4(1)(c) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council is being pursued shall be safe from extensive spread of undesirable flora and the area shall be usable for agricultural activity in the next growing season without additional expenses.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(3) Agricultural area on which short rotation coppice willow (Salix) is grown, shall be eligible when complying with the requirements provided in § 14 of the European Union Common Agricultural Policy Implementation Act if cutting is performed at least on every fifth year from the establishment of the plantation or from the last cutting. When new cutting is carried out on the fifth year from the establishment of the plantation or from the last cutting at the latest, the agricultural area shall be deemed non-eligible also on the previous four years.
(4) The agricultural area on which hemp (Cannabis) is grown shall be eligible when it is in compliance with the requirements set in Article 32 (6) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council and in Article 9 of the Commission Delegated Regulation (EU) No 639/2014. The Agricultural Registers and Information Board (hereinafter ARIB) shall be informed immediately of the beginning of the florescence of the hemp, and the hemp shall be grown at the minimum until ten days has passed from the end of the florescence period.
(5) The agricultural area used for organising of a fare, exhibition, sports event, auction of farm animals, or an entertainment event; camping; practicing winter sports, or temporarily storing timber outside a plant production season shall be eligible when the above-mentioned activities do not significantly hamper growing of the agricultural crop or the turf or soil, and such agricultural area can be introduced for agricultural activity after the above-mentioned activities without any additional expenses.
(6) Eligible agricultural areas are determined under the provisions of § 5 of the Minister of Agriculture’s Regulation No 22 of 10 March 2015, “Procedure for and conditions of preparation of maps of agricultural parcels, determination of boundary points of agricultural parcels, assignment of unique numeric codes to agricultural parcels, and determination of landscape features located on agricultural parcels and eligible areas of agricultural parcels, and the data to be submitted concerning the use of agricultural parcels and the procedure for submission thereof”.
§ 4. Requirements for agricultural activities
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(1) An agricultural area complies with requirements fixed in subsection 3 (2) if agricultural activities referred to in point (c)(i) of Article 4 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council are exercised on this area, using agrotechnical methods and livestock farming technologies corresponding to the local norms.
(2) An agricultural area where agricultural activities referred to in point (c)(ii) of Article 4 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council are exercised complies with the requirements fixed in subsection 3 (2) if the relevant area is mowed, kept as fallow, or maintained otherwise to obtain a similar outcome.
(3) The agricultural crop grown on the agricultural area shall be sown, seeded, or planted on 15 June at the latest by using agrotechnical methods corresponding to the local norms, or the agricultural area shall be kept as fallow as at the same date.
(4) An agricultural area where agricultural activities referred to in point (c)(ii) of Article 4 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council are exercised shall be mowed or otherwise maintained to obtain a similar outcome, whereas the hay, including chopped hay, shall be collected by 20 August at the latest.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(5) [Repealed – RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(6) If an applicant applies for an environmentally friendly management support under the Estonian Rural Development Plan for 2014–2020, the agricultural parcel with perennial melliferous plants, for which the support is applied for additional activity of establishing foraging areas for bees and the perennial melliferous plants on which are not used for green manure after 15 August, shall be mowed or otherwise maintained by 15 September at the latest as at the calendar year that follows the establishment of the agricultural parcel.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(7) Compliance with the requirements fixed in subsection 3 (2) must be visually identifiable on the entire agricultural area identified in the application.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 5. Specifics for the requirements for agricultural activities
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(1) The requirements fixed in subsections 4 (3) and (4) are not applied to a fallow of an ecological focus area.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(2) The requirements fixed in subsection 4 (4) are not applied to agricultural areas where agricultural activities referred to in subsection 4 (1) are exercised, including the following types of agricultural land:
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
1) grassland established in the year of submitting the application;
2) [Repealed – RT I, 25 April 2017, 2 – entry into force 28 April 2017]
3) short-term grassland in the year of green manure plough-in;
4) agricultural land to grow grass for hayseed or energy culture.
(3) If an applicant applies for an environmentally friendly management support under the Estonian Rural Development Plan for 2014–2020, then with the purpose of promoting farmland birds, the applicant may as of the second year of commitment to environmentally friendly management, leave the permanent grassland unmown or otherwise unmaintained every other year, provided that the size of the unmaintained area is equal to or smaller than the eligible area for the environmentally friendly management support. In this case, the entire parcel of permanent grassland is left unmown or otherwise unmaintained.
(31) If an applicant applies for an environmentally friendly management support and regional soil protection support under the Estonian Rural Development Plan for 2014–2020, then with the purpose of promoting farmland birds, the applicant may as of the second year of commitment to environmentally friendly management, leave the arable land for which the regional soil protection support is applied under the Estonian Rural Development Plan for 2014–2020 and permanent grassland unmown or otherwise unmaintained every other year, provided that the size of the unmaintained area is equal to or smaller than the eligible area for the environmentally friendly management support. In this case, the entire parcel of permanent grassland or arable land is left unmown or otherwise unmaintained.
[RT I, 29 December 2018, 7 – entry into force 1 January 2019]
(4) [Repealed – RT I, 25 April 2017, 2 – entry into force 28 April 2017]
(5) Permanent grassland can be chopped from 5 July.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
§ 6. Maintaining areas under trees and bushes, and between rows
In the case of exercising agricultural activities as specified in subsection 4 (2), areas under fruit trees and berry garden and between the rows shall be mown or otherwise maintained to obtain a similar outcome, whereas the hay, including chopped hay, shall be collected at the latest by the date specified in subsection 4 (4).
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 7. Semi-natural habitats
When the applicant applies for payment for maintaining a semi-natural habitat under the Estonian Rural Development Plan 2014–2020, they shall comply with the following at the agricultural area that is the semi-natural habitat occurrence area:
1) the requirements established in Sections (4)–(6), or
2) Requirements specified in subsections 8 (1), (6), and (8), subsection 9 (2), and subsection 10 (3) of Regulation No. 38 of the Minister of Rural Affairs of 22 April 2015 ‘Support for maintaining semi-natural habitats’.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
§ 8. Compliance with the cross compliance requirements
(1) The beneficiaries stated in Article 92 of the Regulation (EU) No 1306/2013 of the European Parliament and of the Council shall comply in their agricultural operations and at the entire agricultural area with the requirements established in the Minister of Agriculture’s Regulation No 4 of 14 January 2015 „Requirements for preserving good agricultural and environmental condition of land” and the mandatory management requirements published under § 32(2) of the European Union Common Agricultural Policy Implementation Act.
(2) The beneficiary shall comply with the requirements set out in Subsection 1 throughout the calendar year of filing the application.
§ 9. Transferring of an agricultural holding
(1) Transferring of an agricultural holding shall comply with the provisions of Article 8 of the Commission Implementing Regulation (EU) No 809/2014, laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, pp. 69–124).
(2) The period stated in Article 8(3) a) of the Commission Implementing Regulation (EU) No 809/2014 shall begin on 22 May and end on 1 September.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(3) When transferring an agricultural holding, the transferee shall submit a notice on the transfer along with an application for support in the time specified in subsection 9 (2) to the ARIB electronically through the ARIB e-services environment, containing the following information:
1) the name and registry code or personal identification code of the transferor of the agricultural holding;
2) the name and registry code or personal identification code of the transferee of the agricultural holding;
3) a verification by the transferor and the transferee of the farm on the transfer of the agricultural holding;
4) verification of applying for support by the transferee of the agricultural holding.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
Chapter 3 Single area payment and climate and environment payment
§ 10. Requirements for single area payment and climate and environment payment
(1) Single area payment and climate and environment payment can be applied for by an applicant complying with the requirements established in § 2 and adheres to the requirements set out in § 8.
(2) Single area payment and climate and environment payment can be applied on an agricultural area that complies with the requirements established in § 3 and adheres to the requirements set out in § 4–7.
(3) Applicants of single area payment and climate and environment payment shall adhere to the agricultural practices beneficial for the climate and the environment established in Articles 43–46 of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council.
(4) Applicants of single area payment and climate and environment payment who are farmers referred to in Article 43(10) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council shall adhere to the agricultural practices beneficial for the climate and the environment in the extent established in the article.
(5) Applicants of single area payment and climate and environment payment who are farmers referred to in Article 43(11) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council shall adhere to the agricultural practices beneficial for the climate and the environment on agricultural areas that are not used for organic farming.
(6) When upon applying for support, a farmer referred to in Section 5 has taken the obligation to adhere to the agricultural practices beneficial for the climate and the environment in the entire agricultural area, they shall also adhere to these principles on land used for organic farming.
§ 11. Crop diversification practice
(1) In order to adhere to the crop diversification practice, the applicant shall comply with the requirements set in Article 44 of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council and in Article 40 of the Commission Delegated Regulation (EU) No 639/2014.
(2) The shares of different crops shall be calculated on arable land based on the growth area of the crops in the period from 15 June to 1 August.
[RT I, 29 December 2018, 7 – entry into force 1 January 2019]
(3) The crop diversification practice is not mandatory for applicants who have less than 10 hectares of arable land, and the applicants whose agricultural holding is in compliance with the requirement set in Article 44(3) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council.
§ 12. Practice of maintenance of permanent grassland
(1) The applicant shall preserve the area of permanent grassland in the extent equal to the area of permanent grassland stated on the single area payment application submitted on the calendar year before the year of submission of the application.
(11) In the case specified in Article 45 (3) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council, permanent grassland shall not be changed, including in the case of ploughing the permanent grassland. For the aforementioned case, the General Director of the ARIB will issue a decree on the beginning and end of the limitation that will immediately be published on the website of the ARIB.
[RT I, 29 December 2018, 7 – entry into force 1 January 2019]
(2) In the case established in Article 45(3) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council, ARIB shall determine the farmers who shall re-establish permanent grassland based on the provisions in Article 44 of the Commission Delegated Regulation (EU) No 639/2014.
(3) Permanent grassland shall be re-established by the deadline stated in Article 44(3) of the Commission Delegated Regulation (EU) No 639/2014.
(31) With regard to Article 44 (3) of the Commission Delegated Regulation (EU) No. 639/2014, use of reconverted permanent grassland, including in the case of ploughing the permanent grassland, shall not be changed as of the year that follows the year of assigning an obligation to reconvert permanent grassland.
[RT I, 25 April 2017, 2 – entry into force 28 April 2017]
(4) The application of permanent grassland that is located at Natura 2000 area and have 100 per cent peat soil (hereinafter environmentally sensitive permanent grassland) shall not be changed and the land may not be ploughed.
(5) The turf/peat of environmentally sensitive permanent grassland may only be renewed by sowing. ARIB shall be notified in advance of the renewal of the peat.
(6) The applicant who has changed the application of environmentally sensitive permanent grassland or ploughed such grassland shall return the area to permanent grassland by the deadline established by ARIB under Article 42 of the Commission Delegated Regulation (EU) No 639/2014.
(7) When permanent grassland is transferred to another farmer, the recipient shall also receive the obligation to maintain the permanent grassland.
[RT I, 25 April 2017, 2 – entry into force 28 April 2017]
(8) The ARIB keeps account of performing the obligation of maintaining permanent grassland pursuant to Article 45 of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council. If the value of the permanent grassland in absolute terms decreases on state level below the limit fixed in Article 11 of Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of 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 (OJ L 181, 20 June 2014, pp. 74–81), and if the share of the permanent grassland has decreased by over 4% compared to the reference ratio on the state level, the ARIB will publish relevant information on their website, informing the farmers who are subject to the obligation to maintaining permanent grassland.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
§ 13. Practice of ecological focus areas
(1) In order to adhere to the practice of ecological focus areas, the applicant shall comply with the requirements set in Article 46 of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council and in Article 45 of the Commission Delegated Regulation (EU) No 639/2014.
(2) An ecological focus area is the following:
1) landscape feature in the use of the applicant, located on arable land or immediately next to arable land, stated in § 3 (1)–(7) of the Minister of Agriculture’s Regulation No 4 of 14 January 2015 ‘Requirements for preserving good agricultural and environmental condition of land’;
2) fallow, areas with short rotation coppice growing willow, and arable land with nitrogen-fixing crops.
(3) The weighting factor referred to in Article 46(3) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council for calculating the total hectares represented by the ecological focus area is 0.5 for areas with short rotation coppice, and 1.0 for arable land with nitrogen-fixing crops.
[RT I, 25 April 2018, 14 – entry into force 28 April 2018]
(4) No mineral fertilisers or plant protection products are allowed on areas with short rotation coppice growing willow.
(5) Lands lying fallow can be defined as ecological focus areas when complying with all the following requirements:
1) it is in compliance with the provisions in Annex 2 to the Commission Regulation (EC) No 1200/2009, implementing Regulation (EC) No 1166/2008 of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods, as regards livestock unit coefficients and definitions of the characteristics (OJ L 329, 15.12.2009, pp. 1–28);
2) it is located on arable land using a rotation system;
3) it is kept as fallow uninterruptedly for at least six months immediately before 1 August of the year of the application;
[RT I, 29 December 2018, 7 – entry into force 1 January 2019]
4) no agricultural products are grown or produced there before 1 August of the year of the application.
[RT I, 29 December 2018, 7 – entry into force 1 January 2019]
(51) It is prohibited to use plant protection products on fallows qualifying as ecological focus areas.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(6) Nitrogen-fixing crops are sainfoin (Onobrychis MM), clover (Trifolium spp), lucerne (Medicago sativa, Medicago L.), melilot (Melilotus MM.), bird's-foot-trefoil (Lotus corniculatus), common vetch (Vicia spp.), pea (Pisum spp.), bean (Phaseolus spp., Vicia faba, vigna spp.) and soybean (Glycine max L.).
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(7) Nitrogen-fixing crops specified in subsection (6) are grown on ecological focus areas as a single crop or, under the condition that the proportion of nitrogen-fixing crops is over 50 per cent of the entire herbage, mixed with other crops. The nitrogen-fixing crop shall remain on the growth area during the period specified in subsection 11 (2), whereas harvesting and mowing, along with collecting the hay, is permitted.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(71) It is prohibited to grow nitrogen-fixing crops on agricultural areas identified as ecological focus areas in water protection zones as specified in section 29 of the Water Act. It is prohibited to use plant protection products on agricultural areas identified as ecological focus areas where nitrogen-fixing crops are grown.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(72) If winter crop is grown on agricultural area after nitrogen-fixing crop, then it shall be seeded before 15 October of the year of submitting the application. Agricultural land where winter crop is not grown after nitrogen-fixing crop shall not be ploughed before the specified date and without exercising any other means of cultivation that might damage the herbage.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018, subsection (71) changed to subsection (72)]
(8) The practice of ecological focus areas is not mandatory for the applicants:
1) whose arable land surface is up to 15 hectares, or
2) whose agricultural holding is in compliance with the requirement set in Article 46(4) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council, or
3) at least 50 per cent of the arable land of whose agricultural holding is located on the territory of a local government within a single clear contiguous geographical area established in Annex 6.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(9) An agricultural parcel shall be deemed located on a single contiguous geographical area within a local government referred to in Annex 6 on the condition that the reference parcel on which the agricultural parcel is located is fully on the territory of the local government referred to in Annex 6.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(10) Subsection (8)3) shall not apply to applicants the agricultural area of whose holding is located on the territory of a local government within a single contiguous geographical area established in Annex 6 by at least 50 per cent, but who has agreed to adhere to the practice of ecological focus areas upon applying for the payment.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
Chapter 4 Payment for young farmers
§ 14. Payment for young farmers
(1) Payment for young farmers can be applied for by an applicant applying for single area payment and climate and environment payment, complying with the requirements established in § 2, adhering to the requirements set out in § 8, and complying with:
1) the requirements set in Article 50(2) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council, or
2) the provisions in Article 49 of the Commission Delegated Regulation (EU) No 639/2014.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(2) Payment for young farmers can be applied on up to 39 hectares of agricultural area that complies with the requirements established in § 3 and adheres to the requirements set out in § 4–7 and 10–13.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(3) A young farmer or a group of young farmers exercise effective and long-term control over the legal person, referred to in Article 49(1) (b) of the Commission Delegated Regulation (EU) No 639/2014, when:
1) A young farmer, whether alone or with other young farmers in a general or limited partnership, owns 100 per cent of the votes, whereas each young farmer is a general or limited partner;
2) A young farmer, whether alone or with other young farmers in a private limited company, public limited company, or commercial association, owns 100 per cent of the votes, whereas each young farmer belongs to the management board of the private limited company, public limited company, or commercial association.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(4) If the number of shareholders, partners, or members of a company specified in clause (3) 2) exceeds the number of management board members, then all shareholders, partners, or members of the company do not have to belong to the management board.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(5) Young farmers exercise effective and long-term control over a non-profit organisation as specified in Article 49 (1)(b) of Commission Delegated Regulation (EU) No. 639/2014 if all members of the non-profit organisation comply with the requirements of Article 50 (2) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(6) Young farmers exercise effective and long-term control over a foundation as specified in Article 49 (1)(b) of Commission Delegated Regulation (EU) No. 639/2014 if all board members of the foundation comply with the requirements of Article 50 (2) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
Chapter 5 Application for direct payment, payment unit amount and application proceedings
§ 15. Applying for direct payment
(1) An applicant for single area payments, climate and environmental payments, or young farmer payments shall submit an application containing the information and documentation specified in sections 151–154 between 2 May and 21 May.
(2) Information specified in sections 151–153 and documents specified in subsections 154 (2) and (3) shall be submitted electronically through the ARIB e-services environment.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 151. Information regarding the applicant
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(1) An application shall contain the following information about the applicant:
1) information specified in clauses 14 (3) 1)–4) of the Administrative Procedure Act;
2) the registry code or personal identification code of the applicant.
(2) The applicant shall submit verification on their awareness of the conditions necessary for receiving the payments.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 152. Information regarding the agricultural area
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(1) An application shall contain the following information about the entire agricultural parcel of the holding’s agricultural area that the applicant has the right to use:
1) identification number of the reference parcel of the agricultural land entered in the agricultural support and agricultural parcels register (hereinafter identification number of an agricultural parcel);
2) cadastral register number in the land cadastre of the agricultural land not entered in the agricultural support and agricultural parcels register (hereinafter cadastral register number in the land cadastre);
3) number and area of the agricultural parcel with an accuracy of 0.01 ha as at the year of submitting the application:
4) legal basis for land use;
5) information on whether the land is used as arable land, permanent grassland, environmentally sensitive permanent grassland, reconverted permanent grassland, or for growing permanent crop;
6) type of the crop grown on the agricultural parcel;
7) type of fallow if the land is lying fallow;
8) information on whether the agricultural parcel is kept as green fallow, and if so, the name of the crop grown as green fallow;
9) information on whether the crop on the agricultural parcel is grown as green manure;
10) information on whether the crop is grown on the agricultural parcel to produce hayseed;
11) information on whether the crop is grown on the agricultural parcel to produce energy;
12) information on whether the crop is grown on the agricultural parcel as green feed;
13) information on whether the crop is grown in a greenhouse;
14) type of hemp if the single area payment, climate and environmental payment, or young farmer payment is claimed for agricultural land on which hemp is grown;
15) information on whether the agricultural parcel is used for organic or non-organic production; year of transition if the agricultural parcel is transitioning to organic production;
16) information on whether single area payment or climate and environmental payment is claimed for the agricultural parcel.
(2) Boundaries of agricultural parcels on agricultural land that is entered in the agricultural support and agricultural parcels register are identified on reference parcel maps.
(3) Information specified in subsection (2) on agricultural land that is not entered in the agricultural support and agricultural parcels register is submitted on a cadastral map.
(4) An applicant for single area payment and climate and environmental payment shall submit information on whether they are also applying for the young farmer payment.
(5) An applicant for single area payment, climate and environmental payment, or young farmer payment whose farm includes agricultural land that is not used for organic production shall submit information on whether their land complies with the requirements of climate and environmental payment on the entire agricultural area or in the extent not used for organic production.
(6) an applicant for single area payment, climate and environmental payment, or young farmer payment who follows ecological focus area practices shall specify the boundaries of the ecological focus area on the map specified in subsection (2) or (3) and submit the following data on the ecological focus area:
1) identification number of the reference parcel or the cadastral register number in the land registry and the number of the agricultural parcel that holds the ecological focus area;
2) type and number of ecological focus area identified as a landscape feature and the area size with an accuracy of 0.001 ha as at the year of submitting the application;
3) type of the crop grown on ecological focus area;
4) information on whether the agricultural parcel of an ecological focus area is kept as black fallow;
5) the size of the area of an ecological focus area specified in clauses 3) and 4) with an accuracy of 0.01 ha as at the year of submitting the application.
(7) An applicant shall submit verification on being aware that it is prohibited to use plant protection products on the ecological focus area specified in subsections 13 (4), (5), and (7).
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 153. Information on compliance with requirements
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
To verify compliance with the requirements specified in subsection 8 (1), the applicant shall include the following information in the application:
1) whether the agricultural land in use contains landscape features that shall be maintained in good agricultural and environmental condition;
2) whether they use over five cubic meters of groundwater or over 30 cubic meters of surface water for daily watering;
3) whether the premises contain oil product storage tanks of over three cubic meters;
4) whether they use mineral fertiliser;
5) whether they maintain manure in a storage facility or a stack;
6) whether they use plant protection products;
7) whether they produce and market animal primary products, and if so, specify the names of the animal primary products that they produce and market;
8) whether they produce and market non-animal primary products, and if so, specify the names of the non-animal primary products that they produce and market.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 154. Documentation submitted with the application
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(1) If single area payment, climate and environmental payment, or young farmer payment is claimed for an agricultural area that grows hemp, the applicant shall submit the original labels of the hemp seed retail packages to the ARIB within the period specified in subsection 15 (1) or by the date provided for Estonia in Article 13 (1) of the Commission Implementing Regulation (EU) No. 809/2014.
(2) If single area payment, climate and environmental payment, or young farmer payment is claimed for an agricultural parcel on a protected natural object or that grows a short rotation coppice of willow (Salix), the applicant shall present the express consent of the manager of the protected natural object pursuant to subsections 14 (2) and (3) of the Nature Conservation Act.
(3) A non-profit organisation that claims young farmer support shall submit a list of members along with their registry codes or personal identification codes for the year of submitting the application for single area payment and the previous five years.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 155. Publishing the data of a beneficiary
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
The ARIB will inform the beneficiary of their data being made public pursuant to Articles 111 and 112 of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council, and of their data being processed for the purpose of safeguarding the financial interests of the European Union pursuant to Article 113 of the Regulation.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 16. Processing of applications
(1) ARIB shall verify the correctness of the information submitted in the application and its compliance with the payment requirements based on the provisions in Articles 24–41 and 45 of the Commission Implementing Regulation (EU) No 809/2014 and Articles 10–13 of the Commission Delegated Regulation (EU) No 639 /2014.
(2) The authorities stated in § 33(1) of the European Union Common Agricultural Policy Implementation Act shall verify the compliance with the requirements established in § 8, based on the provisions in Articles 65–72 of the Commission Implementing Regulation (EU) No 809/2014.
(3) The applicant shall inform the authorities stated in Sections 1 and 2 of all the circumstances necessary for making a decision on acceding to the application, including indicating the border between the agricultural parcel and the ecological focus area, if necessary.
(4) ARIB shall submit to the Agricultural Board (hereinafter AGB) the list of agricultural parcels on which payment is applied for growing short rotation willow (Salix) coppice and on which ARIB has no information regarding the potential fertility rating of the soil and the compliance of growing short rotation willow (Salix) coppice with the provisions of the Land Improvement Act. The AGB shall inform ARIB of the soil’s potential fertility rating and provide an opinion on the compliance of growing short rotation willow (Salix) coppice with the provisions of the Land Improvement Act in 14 working days from the receipt of the list of the agricultural parcels.
(5) When the AGB finds that the soil’s potential fertility rating is higher than 35 points or when it lacks information on the potential fertility rating of the soil, ARIB shall inform the applicant and gives them reasonable time for carrying out the assessment of the soil. Soil fertility shall be assessed by a respective authority and the necessary tests shall be carried out by an accredited laboratory.
(6) The ARIB will mark the original label of the hemp seed retail package submitted compliant to subsection 154 (1) and return the label.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 17. Unit amount
(1) ARIB shall decide on the payment unit based on the provisions in the Regulation (EU) No 1307/2013 of the European Parliament and of the Council and the Commission Delegated Regulation (EU) No 640/2014, and the amount of means by the types of payment.
(2) ARIB shall calculate and publish the initial payment units per hectare by 1 August of the year of application.
[RT I, 25 April 2017, 2 – entry into force 28 April 2017]
(3) ARIB shall decide the payment units per hectare for the single area payment, climate and environment payment, and payment for young farmers by 1 December of the year of application.
(4) The young farmer unit amount rate per hectare is 50 per cent of the single area unit amount rate.
[RT I, 25 April 2018, 14 – entry into force 28 April 2018]
§ 18. Reduction of payment
(1) ARIB shall decide on the reduction of single area payment, climate and environment payment, and payment for young farmers under the provisions and procedures established in the Regulation (EU) No 1306/2013 of the European Parliament and of the Council, the Commission Delegated Regulation (EU) No 640/2014, and the Commission Implementing Regulation (EU) No 809/2014.
(2) When the amount of single area payment calculated based on the unit amount referred to in § 17(3) is more than 150,000 euros, the amount that exceeds this amount shall be reduced by five per cent, taking into consideration the applicant’s verifications on the expenditures on staff according to Article 11 of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council.
(3) If the sum of a single area payment, calculated based on the unit rate specified in subsection 17 (2), exceeds 150,000 euros, then the ARIB will inform the applicant by 1 August of the possibility to submit the names and personal identification codes of each employee who performed agricultural activities for the entrepreneur in the last calendar year, along with the full labour costs calculated by cash based accounting for the last calendar year for employees who exercised partial agricultural activities, and documentation to verify labour costs through the ARIB e-services environment.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(4) The applicant shall submit all information specified in subsection (3) to the ARIB by 15 August and present the documentation to verify labour costs upon request on site.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
§ 19. Financial discipline
The amount paid to applicants shall be adjusted, when necessary, under Article 8(1) of the Regulation (EU) No 1307/2013 of the European Parliament and of the Council.
§ 20. Acceding and non-acceding to applications
(1) ARIB shall decide on acceding or non-acceding to applications for single area payment, climate and environment payment, and payment for young farmers by 10 December of the year of application.
(2) ARIB shall decide on acceding or non-acceding to applications for single area payment, climate and environment payment, and payment for young farmers based on the provisions established in § 22 of the European Union Common Agricultural Policy Implementation Act.
§ 21. Making of payments
The payments shall be made by 30 June of the year following the year of submission of the application.
§ 22. Implementing provisions
(1) In 2015, the period established in § 15(1) lasts from 7 May to 25 May.
(2) [Excluded from this text.]
(3) In 2016, the principal activity of an applicant who is a legal person is considered agricultural activity in the sense of Article 9 (2)(c) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council as well as the provisions of subsection 2 (4), even when they operate on an agricultural area of over ten hectares.
[RT I, 22 April 2016, 1 – entry into force 25 April 2016]
(4) Chopped hay may be left ungathered in 2017 and 2018 if an agricultural area is maintained in ways that are not specified in subsection 4 (4) and section 6.
[RT I, 29 December 2017, 16 – entry into force 1 January 2018]
(5) In 2018, an applicant who was unable to sow winter crop or whose winter crop that had been seeded for 2018 was destroyed due to floods and heavy rain from August to October 2017, and whose agricultural parcels constitute at least 30 per cent of their winter crop sowing area, shall follow the crop diversification practices fixed in section 11 as follows:
1) an applicant who use an arable area of 30–150 hectares shall comply with the requirements of the first subparagraph of Article 44 (1) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council;
2) an applicant who operates on an arable area of under 30 hectares is not obligated to comply with the requirements of the first subparagraph of Article 44 (1) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council.
[RT I, 25 April 2018, 14 – entry into force 28 April 2018]
(6) When applying the crop diversification requirements of subsection (5), Estonia as a whole is considered an area that suffered from flood and heavy rain from August to October of 2017.
[RT I, 25 April 2018, 14 – entry into force 28 April 2018]
(7) An applicant who follows crop diversification practices in 2018 as specified in subsection (5) but is not claiming for emergency measure payment for winter crop growers, shall submit information, along with the data specified in subsection 152(1), on the size of the area where they were unable to sow winter crop or where the already seeded winter crop was destroyed.
[RT I, 25 April 2018, 14 – entry into force 28 April 2018]
(8) In 2018, to comply with the ecological focus area practices as fixed in section 13 and pursuant to subsection 13 (5), fallow may be identified as an ecological focus area if before 15 August of the year of submitting an application, it was used for grazing farm animals or growing and producing crop due to the drought of May and June 2018.
[RT I, 7 September 2018, 1 – entry into force 10 September 2018]
(9) Applying modifications to the ecological focus area practices of subsection (8), Estonia as a whole is considered an area that was affected by the drought of May and June 2018.
[RT I, 7 September 2018, 1 – entry into force 10 September 2018]
Annex 1 Area aid and payment application
[Repealed - RT I, 29.12.2017, 16 - entry into force 01.01.2018]
Annex 2 List of ecological focus areas
[Repealed - RT I, 29.12.2017, 16 - entry into force 01.01.2018]
Annex 3 Additional form for payment for young farmers
[Repealed - RT I, 22.04.2016, 1 - entry into force 25.04.2016]
Annex 4 Verification form for active producers
[Repealed - RT I, 22.04.2016, 1 - entry into force 25.04.2016]
Annex 5 Staff expenditures related to agricultural activity
[Repealed - RT I, 29.12.2017, 16 - entry into force 01.01.2018]
Annex 6 A list of local government units of single geographical areas
[RT I, 29.12.2017, 16 - entry into force 01.01.2018]
Annex 7 Application of delivery and receipt of the obligation to maintain permanent grassland
[Repealed - RT I, 25.04.2017, 2 - entry into force 28.04.2017]
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