The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

Contents

Part 1 · Introductory

1Citation, commencement, application and extent#

(1)Where another relevant state has initiated the procedure under Article 44 of the Directive (as amended from time to time), the market surveillance authority must, without delay, inform the Secretary of State of—

(2)Where another relevant state has initiated the procedure under Article 44 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the Commission and the other relevant states of—

(3)Where a measure taken by another relevant state in respect of a product is considered justified under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken in Northern Ireland in respect of the product without delay.

(4)Where a measure taken by another relevant state in respect of a product is considered justified by the Commission under Article 45(2) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the product is withdrawn from the market in in Northern Ireland.

Part 2 · Amendment of Regulation (EU) 1306/2013

2Amendment of Regulation (EU) 1306/2013#

Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy in so far as it relates to the Common Agricultural Policy (“CAP”) direct payment schemes is amended in accordance with regulations 3 to 11.

3Amendment of Title 1 (Scope and Definitions)#

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(i)for point (f), substitute—“f “sectoral agricultural legislation” means, insofar as it relates to direct payments:i any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU;ii any delegated or implementing acts adopted on the basis of acts referred to in point (i);iii regulations made in the exercise of powers under any act referred to in point (i);”

(ii)for point (g), substitute—“g “irregularity” means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;”

(iii)after point (g), insert—“h “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;i “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;j “economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;k “relevant authority” means:i in England, the Secretary of State;ii in Wales, the Welsh Ministers;iii in Scotland, the Scottish Ministers;iv in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;l “relevant accounting officer” means:i in England, the accounting officer for the Department for Environment, Food and Rural Affairs;ii in Wales, the Permanent Secretary of the Welsh Government;iii in Scotland, the Permanent Secretary of the Scottish Government;iv in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;”.m “appropriate authority” means:i subject to point (ii), the relevant authority for the constituent nation in which the regulations apply;ii the Secretary of State:aa in relation to Scotland, if consent is given by the Scottish Ministers;bb in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”

(iv)omit the second subparagraph;

4Amendment of Title 2 (General Provisions on Agricultural Funds)#

(2)For Article 7 substitute—“1 Paying agencies shall be departments or bodies designated by the relevant authority, which have an administrative organisation and a system of internal control that provide sufficient guarantees that payments are legal and regular, and properly accounted for.2 The number of paying agencies shall be restricted to no more than one per constituent nation.3 Paying agencies shall be responsible for the management and control of expenditure on direct payments. With the exception of payment, the carrying out of those tasks may be delegated.4 The relevant authorities shall have joint responsibility for the following tasks:a to take or coordinate, as the case may be, actions with a view to resolving deficiencies of a common nature;b to promote and, where possible, ensure harmonised application of sectoral agricultural legislation.”

5Amendment of Title 3 (Farm Advisory System)#

(1)For Articles 12 to 15 substitute—“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 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 that Regulation.”

6Amendment of Title 4 (Financial Management)#

(4)For Article 26 substitute—“1 Where the relevant authority has an obligation to reimburse in respect of the 2019 adjustment rate, as provided for in Article 26(5) as it had effect immediately before exit day, the reimbursement must only be paid to relevant farmers.2 For the purposes of paragraph 1, a relevant farmer is a person who would be liable to be subject to an adjustment rate under Article 26 as it had effect immediately before exit day.”

(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.

(6)Where the Secretary of State receives a notice under paragraph (5), the Secretary of State must inform the Commission of the action taken in respect of Northern Ireland.

(7)If a measure taken by the market surveillance authority pursuant to regulation 69 is considered unjustified by the Commission under Article 44(1) of the Directive (as amended from time to time), the market surveillance authority must withdraw that measure in respect of Northern Ireland.

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(b)for paragraph 5 substitute—“5 The appropriate authority may make regulations laying down specific conditions applying to the information to be booked in the accounts kept by paying agencies.”

(8)

(9)In Article 99(2)—

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;

(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.

(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.

(10)Omit Article 100.

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(b)for paragraph 2, substitute —“2 Where there is more than one paying agency across the constituent nations, the electronic register may be operated at paying agency level. The relevant authority will ensure that its register is compatible with the registers of the other paying agencies.”

(11)In Article 13—

(12)In Article 14, in the first paragraph, for “for this purpose by the Commission on the basis of Article 78(b) of Regulation (EU) No 1306/2013”, substitute “ by Article 22 of Regulation (EU) No 809/2014 ”.

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;

(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.

(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;

(bb)omit “by the Member States”;

(iii)

(iv)omit the second subparagraph;

(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 ^note(except for regulation 8(1));

(13)For Article 55 substitute—“Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with direct payment support.”

(14)For Article 57 substitute—“In order to ensure correct and efficient application of the provisions relating to the conditions for the recovery of undue payments and interest thereon, the appropriate authority may make regulations setting out procedures for such recovery as set out in this Section.”

7Amendment of Title 5 (Control systems and penalties)#

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;

(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.

(iii)for point (d) substitute—“d the authorities responsible for performing compliance checks and the content and frequency of those checks;”

(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.

(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;

(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.

(iii)

(c)for paragraph 3 substitute—“3 An assessment report and, where appropriate, the remedial actions and the timetable for their implementation shall be drawn up by the relevant authority by 31 January 2021.”

(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 ^note(except for regulation 8(1));

(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;

(b)for paragraph 4 substitute“4 Where appropriate, all on-the-spot checks provided for in sectoral agricultural legislation shall be carried out at the same time.”