Finance (No.2) Act 2023

Amendment of Part 23 of Principal Act (farming and market gardening)

32. The Principal Act is amended—

(a) in section 664—

(i) in subsection (1)(a), by—

(I) the deletion of the definition of “EU Basic Payment Scheme”, and

(II) the insertion of the following definition:

“ ‘EU Basic Income Support for Sustainability’ means the scheme administered by the Minister for Agriculture, Food and the Marine under Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 20213 ;”,

and

(ii) in subsection (7), by the substitution of “EU Basic Income Support for Sustainability” for “EU Basic Payment Scheme”,

(b) in section 667B—

(i) in subsection (5A)(b)(i), by the substitution of “€100,000” for “€70,000”, and

(ii) in subsection (5B), by the substitution of “€100,000” for “€70,000”,

(c) in section 667C—

(i) in subsection (1), by the insertion of the following definition:

“ ‘Commission Regulation (EU) No. 1408/2013’ means Commission Regulation (EU) No. 1408/2013 of 18 December 20134 as amended by Commission Regulation (EU) 2019/316 of 21 February 20195 and Commission Regulation (EU) 2022/2046 of 25 October 20226 ;”,

and

(ii) in subsection (3A)—

(I) in paragraph (b), by the substitution of “Subject to paragraphs (c) and (d),” for “Subject to paragraph (c),”, and

(II) by the insertion of the following paragraphs after paragraph (c):

“(d) In the case of a qualifying period commencing on or after 1 January 2024, a specified person shall be entitled to relief in respect of relevant deductions of an amount not exceeding €20,000 in the aggregate in that qualifying period.

(e) Where a specified person constitutes a single undertaking within the meaning of Commission Regulation (EU) No. 1408/2013, relief under this subsection shall be available only insofar as it does not exceed the ceiling of aid laid down in that Commission Regulation.”,

and

(d) in section 667D(8)(b), by the substitution of “€100,000” for “€70,000”.

3 OJ No. L435, 6.12.2021, p.1

4 OJ No. L352, 24.12.2013, p.9

5 OJ No. L51 I, 22.2.2019, p.1

6 OJ No. L275, 25.10.2022, p.55