Contents
- Part 1 Introductory
- Part 2 Amendment of Regulation (EU) 1307/2013
- 2 Amendment of Regulation (EU) No 1307/2013
- 3 Amendment of Title 1 (Scope and definitions)
- 4 Amendment of Title 2 (General provisions on direct payments)
- 5 Amendment of Title 3 (Basic payment scheme, single area payment scheme and related payments)
- 6 Amendment of Title 4 to 6 (Coupled support, small farmers scheme and national restructuring programmes for the cotton sector)
- 7 Amendment of Title 7 (Final provisions)
- 8 Amendment of Annexes
- Part 3 Amendment of Commission Delegated Regulation (EU) 639/2014
- 9 Amendment of Commission Delegated Regulation (EU) 639/2014
- 10 Amendment of Chapter 1 (scope and general principles)
- 11 Amendment of Chapter 2 (basic payment scheme and single area payment scheme)
- 12 Amendment of Chapter 3 (greening)
- 13 Amendment of Chapter 4 (payment for young farmers)
- 14 Amendment of Chapter 5 (coupled support)
- 15 Amendment of Chapter 6 (notifications)
- 16 Amendment to Annex I (content of the information to be submitted to the Commission pursuant to Article 67(1))
- 17 Amendment to Annex III (union method for the quantitative determination of the A9-tetrahydrocannabinol content in hemp varieties)
- 18 Insertion of Annex IV (permitted hemp varieties)
- Part 4 Amendment of Commission Implementing Regulation (EU) 641/2014
- 19 Amendment of Commission Implementing Regulation (EU) 641/2014
- 20 Amendment of the Chapter 1 (scope and general principles)
- 21 Amendment of Chapter 2 (basic payment scheme)
- 22 Amendment of Chapter 3 (greening)
- 23 Amendment of Chapters 4 (coupled support) and 5 (rules on notification)
- 24 Amendment of Chapter 6 (final provisions)
- 25 Amendments to the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014
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) 1307/2013
2Amendment of Regulation (EU) No 1307/2013#
Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy is amended in accordance with Regulations 3 to 8.
3Amendment of Title 1 (Scope and definitions)#
(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—
(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.
(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.
(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.
(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 ”.
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(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)
(f)in paragraph 7—
(g)in paragraph 8—
(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)
(iv)omit the second subparagraph;
(h)after point (n) insert—“o “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;p “national reserve” means a reserve established by the relevant authority at the level of the constituent nation;q “regional reserves” means reserves established by the relevant authority at regional level;r “relevant authority” means—i in relation to England, the Secretary of State;ii in relation to Wales, the Welsh Ministers;iii in relation to Scotland, the Scottish Ministers;iv in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;s “appropriate authority” means—i the relevant authority for the constituent nation in which the regulations apply, orii the Secretary of State:aa in relation to regulations applying in Scotland, if consent is given by the Scottish Ministers;bb in relation to regulations applying in Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.”
(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.
(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.
(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.
(a)for the first subparagraph substitute—“For the purposes of point (c) of paragraph 1:a the criteria to be met by farmers in order to fulfil the obligation to maintain an agricultural area in a state suitable for grazing or cultivation, as referred to in point (c)(ii) are the criteria set by the relevant authority prior to exit day;b where applicable in a constituent nation, the minimum activity to be carried out on agricultural areas naturally kept in a state suitable for grazing or cultivation, as referred to in point (c)(iii) is as defined by the relevant authority prior to exit day.”
(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)for the fifth subparagraph substitute—“This paragraph only applies where the decisions to which it refers were made and notified to the Commission by:a 31st January 2015, in the case of a decision taken under the second subparagraph;b 31st March 2018, in the case of a decision taken under the third or fourth subparagraph.”
(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.
4Amendment of Title 2 (General provisions on direct payments)#
(1)For Article 6(1) substitute—“1 For each year, the national ceiling for the United Kingdom comprising the total value of all allocated payment entitlements, of all national reserves and regional reserves and of all the ceilings calculated in accordance with Articles 42, 47, 51 and 53 is as set out in Annex II.Where a relevant authority makes a decision under Article 22(2) to increase the amount which represents its share of the basic payment scheme ceiling, the national ceiling set out in Annex II for the United Kingdom for the respective year may be exceeded by the sum of the increases decided pursuant to that Article in respect of that year.”
(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.
(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;
(b)omit “Article 136a of Regulation (EC) No 73/2009 and”;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)After Article 6(3) insert—“4 The Secretary of State may not make regulations under paragraph 3 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.5 Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 3, the Secretary of State must have regard to that request.”
(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.
(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.
(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 ”.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(6)For Article 7(2) substitute—“2 For calendar year 2020, the estimated product of the reduction of payments referred to in Article 11 (which is reflected by the difference between the national ceiling set out in Annex II and the net ceiling set out in Annex III) shall be made available as support for measures under rural development.2A References to “rural development” in this Article and in Article 14 include measures which are conducive to:a the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there; orb the promotion of the enjoyment of the countryside by the public; orc starting, or improving the productivity of, an agricultural, horticultural or forestry activity or a rural business; ord starting, promoting or improving rural services.”
(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)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(8)After Article 7(3) insert—“4 The Secretary of State may not make regulations under paragraph 3 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.5 Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 3, the Secretary of State must have regard to that request.”
(9)In Article 99(2)—
(10)Omit Article 100.
(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.
(i)for the second subparagraph substitute—“Nothing in this Regulation prevents the relevant authority from adding to the list in the first subparagraph any other similar non-agricultural businesses or activities or from removing any such additions, provided that any such additions and removals are appropriate and made on the basis of objective and non-discriminatory criteria.”
(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)for paragraph 4 substitute—“4 Paragraphs 2, 3 and 3a do not apply to farmers who received direct payments for the previous year, if the amount of those direct payments was no more than the amount set by the relevant authority in accordance with this Regulation prior to exit day.”
(e)in paragraph 6—
(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 ”.
(f)in paragraph 7—
(g)for paragraph 7 substitute—“7 Nothing in this Regulation prevents the relevant authority from deciding that only one or two of the criteria listed in the third subparagraph of paragraph 2 applies.”
(h)for paragraph 8 substitute—“8 The relevant authority may decide to stop applying paragraph 2.”
(11)For Article 10 substitute—“1 Subject to paragraph 2, the relevant authority shall not grant direct payments to a farmer where the eligible holding for which direct payments are claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 is smaller than the area set in legislation applying to the constituent nation.2 In the case of farmers receiving the animal-related coupled support referred to in Title IV, the area threshold determined in accordance with paragraph 1 does not apply, but the relevant authority shall not grant direct payments where the total amount of direct payments claimed or due to be granted before the application of Article 63 of Regulation (EU) No 1306/2013 in a given calendar year is less than EUR 100.”
(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 ”.
(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)In Article 17—
5Amendment of Title 3 (Basic payment scheme, single area payment scheme and related payments)#
(1)For Article 21 substitute—“Support under the basic payment scheme shall be available to farmers who:a obtain payment entitlements under this Regulation through first allocation pursuant to Article 24 as it had effect immediately before exit day, through allocation from the national reserve or regional reserves pursuant to Article 30 or through transfer pursuant to Article 34, orb comply with Article 9 and hold unexpired owned or leased-in payment entitlements established under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009.”
(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—
(a)for paragraphs 1 to 4 substitute—“1 The basic payment scheme ceiling for any given year is calculated by deducting from the annual national ceiling set out in Annex II all the ceilings calculated in respect of that year in accordance with Articles 42, 47, 51 and 53.2 The relevant authority’s share of the basic payment ceiling is the amount which remains for the basic payment scheme in the constituent nation after deducting from the relevant authority’s share of the national ceiling the ceilings set under Articles 42, 47 and 51 and the amount allocated in the constituent nation under Article 53. The relevant authority may increase the amount which represents its share of the basic payment scheme ceiling. That increase may not exceed 3% of the amount which represents its share of the annual national ceiling after deduction of the amount resulting from the application of Article 47(1) for the relevant year.3 The relevant authority may review the decision under paragraph 2 on an annual basis.4 The total value of all payment entitlements and the national reserve or regional reserves in the constituent nation must equal its share of the basic payment scheme ceiling. The total value of payment entitlements and national reserves and regional reserves in the United Kingdom must equal the basic payment scheme ceiling calculated in accordance with paragraph 1.”
(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)
(iv)omit the second subparagraph;
(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.
(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)
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(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 ”.
(f)in paragraph 7—
(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.
(a)for paragraphs 1 to 7 substitute—“1 Subject to paragraphs 2 and 3, for the purposes of this Article the unit value of payment entitlements is calculated by dividing a fixed percentage of the relevant authority’s share of the national ceiling for each relevant year by the number of payment entitlements in 2015 in the constituent nation or, where applicable, at regional level, excluding those allocated from the national reserve or regional reserves in 2015.The fixed percentage referred to in the first subparagraph is calculated by dividing the relevant authority’s share of the basic payment scheme ceiling or, where applicable, the regional ceiling for the basic payment scheme set in accordance with Article 23(2), as it had effect immediately before exit day for 2015, after applying the linear reduction provided for in paragraph 1 or, where applicable, paragraph 2 of Article 30 by the relevant authority’s share of the national ceiling for 2015.2 The value of payment entitlements, other than those allocated from the national reserve or regional reserves in 2015, may be differentiated for each relevant year on the basis of their initial unit value calculated in accordance with Article 26 as it had effect immediately before exit day, provided that the decision to differentiate was taken and notified to the Commission by 1 August 2014.3 All payment entitlements in a constituent nation or, where Article 23 is applied, in a region shall have a uniform unit value unless the relevant authority has applied the derogation in paragraph 4 of this Article, as it had effect immediately before exit day. Where a relevant authority has applied this derogation, the unit value will be calculated in accordance with paragraphs 4 to 7 of this Article as it had effect immediately before exit day.”
(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
(a)for the first paragraph substitute—“1 A beneficiary who does not apply for aid under any of the area-related aid schemes but applies for aid under another scheme listed in Annex 1 to Regulation (EU) 1307/2013 shall, if he has agricultural area at his disposal, declare those areas in his aid application form in accordance with Article 17 of this Regulation.”
(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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)
(e)in paragraph 6—
(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(ii)for the second subparagraph, substitute—“The national or regional average value shall be calculated by dividing the relevant authority’s share of the basic payment scheme ceiling or, where applicable, the regional ceiling for the basic payment scheme set in accordance with Article 23(2), for the year of allocation, excluding the amount of the national reserve or regional reserves, by the number of allocated payment entitlements.”
(iii)
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(f)in paragraph 7—
(g)in paragraph 8—
(h)in paragraph 8a—
(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;
(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”;
(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 ”.
(8)
(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.
(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 ”.
(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 ”.
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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 ”.
(e)in paragraph 6—
(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)
(11)In Article 13—
(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 ”.
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(iii)
(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 ”.
(13)In Article 16, omit paragraph 3.
(a)for paragraphs 1 and 2 substitute—“1 The relevant authority may grant an annual payment to farmers who are entitled to a payment under the basic payment scheme referred to in Sections 1, 2, 3 and 5 of Chapter 1 (“the redistributive payment”), provided that such a decision was taken and notified to the Commission by 1 August 2019.2 If the relevant authority applies the basic payment scheme at regional level in accordance with Article 23, it may apply the redistributive payment at regional level.”
(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;
(v)in point (d), for “financed by either of the Funds” substitute “ under which direct payment support is granted ”;
(vi)in point 13 omit “and the Union”;
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(cc)omit from the words “, or with the maintenance” to the end;
(dd)omit “and the small farmers scheme”;
(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.
(f)in paragraph 7—
(g)in paragraph 8—
(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.”
(15)In Article 18—
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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)
(iv)omit the second subparagraph;
(e)in paragraph 6—
(f)in paragraph 7—
(16)In Article 19a, for the heading, substitute— “ Administrative penalties in cases of over-declaration of areas for the basic payment scheme, the re-distributive payment and the young farmers scheme ”;
(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.
(17)Omit Article 20.
(a)for the first paragraph substitute—“1 A beneficiary who does not apply for aid under any of the area-related aid schemes but applies for aid under another scheme listed in Annex 1 to Regulation (EU) 1307/2013 shall, if he has agricultural area at his disposal, declare those areas in his aid application form in accordance with Article 17 of this Regulation.”
(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 ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.
(iii)
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(iv)for the fifth subparagraph substitute—“The obligation under this paragraph shall apply across the constituent nation.”
(v)in point (d), for “financed by either of the Funds” substitute “ under which direct payment support is granted ”;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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 ”.
(e)in paragraph 6—
(f)in paragraph 7—
(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 ”.
(18)In Article 23—
(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 ”.
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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 ”.
(e)in paragraph 6—
(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 ”.
(f)in paragraph 7—
(g)in paragraph 8—
(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)
(19)In Article 20—
(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)
(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 ”.
(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 ”.
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(20)In Article 30—
(21)In Article 31—
(a)any measures taken by a market surveillance authority in Northern Ireland in respect of the product;
(b)for paragraph 3, substitute—“3 For the purposes of Article 33, between 20% and 25% of the minimum number of beneficiaries to be subject to on-the-spot checks shall be selected randomly. The remaining number of beneficiaries to be subject to on-the-spot checks shall be selected on the basis of a risk analysis.For the purposes of Article 33, the random part of the sample may also include either the beneficiaries already randomly selected in accordance with points (a), (b) and (c) of paragraph 2 or the additional beneficiaries selected randomly in accordance with the second subparagraph of Article 26(4) or both. The number of such beneficiaries in the control sample shall not go beyond their proportion in the control population.”
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(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)
(iv)omit the second subparagraph;
(v)in point (d), for “financed by either of the Funds” substitute “ under which direct payment support is granted ”;
(f)in paragraph 7—
(g)in paragraph 8—
(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(cc)omit from the words “, or with the maintenance” to the end;
(dd)omit “and the small farmers scheme”;
(ee)after “declared” insert “in the constituent nation”;
(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”;
(cc)omit from the words “, or with the maintenance” to the end;
(dd)omit “and the small farmers scheme”;
(ee)after “declared” insert “in the constituent nation”;
(ff)omit “or Article 36(2)”;
(h)in paragraph 8a—
(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)
(iv)omit the second subparagraph;
(i)in paragraph 9, in the second subparagraph—
(j)after paragraph 10 insert—“10A Paragraphs 3, 6 and 9 only apply where the decisions to which they refer were taken and notified to the Commission by 31 January 2015.”
(k)in paragraph 10a, in the second subparagraph, for the words from “However” to “allow” substitute “Nothing in this Article prevents the relevant authority, using any power the relevant authority has, from allowing”.
(22)In Article 33—
(a)for the first paragraph substitute—“1 A beneficiary who does not apply for aid under any of the area-related aid schemes but applies for aid under another scheme listed in Annex 1 to Regulation (EU) 1307/2013 shall, if he has agricultural area at his disposal, declare those areas in his aid application form in accordance with Article 17 of this Regulation.”
(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 ”.
(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 ”.
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
6Amendment of Title 4 to 6 (Coupled support, small farmers scheme and national restructuring programmes for the cotton sector)#
(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—
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(f)in paragraph 7—
(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)
(g)in paragraph 8—
(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)
(h)after paragraph 10 insert—“11 The Secretary of State may not make regulations under paragraph 9 or 10 without the consent of each of the relevant authorities for Wales, Scotland and Northern Ireland.Where the relevant authority for Wales, Scotland or Northern Ireland requests that the Secretary of State makes regulations under paragraph 9 or 10, the Secretary of State must have regard to that request.”
(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—
(a)for the first paragraph substitute—“1 A beneficiary who does not apply for aid under any of the area-related aid schemes but applies for aid under another scheme listed in Annex 1 to Regulation (EU) 1307/2013 shall, if he has agricultural area at his disposal, declare those areas in his aid application form in accordance with Article 17 of this Regulation.”
(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 ”.
(iii)
(iv)omit the second subparagraph;
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(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 ”.
(f)for paragraph 6 substitute—“6 Where a decision has been reviewed and notified to the Commission by 1 August 2019 pursuant to this Chapter, it will have effect in calendar year 2020.”
(g)in paragraph 8—
(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.
7Amendment of Title 7 (Final provisions)#
(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—
(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)for “Directive 95/46/EC and Regulation (EC) No 45/2001” substitute “Regulation (EU) 2016/679 and the Data Protection Act 2018”;
(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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 “Directive 95/46/EC and Regulation (EC) No 45/2001” substitute “Regulation (EU) 2016/679 and the Data Protection Act 2018”.
(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—
(a)for the first paragraph substitute—“1 A beneficiary who does not apply for aid under any of the area-related aid schemes but applies for aid under another scheme listed in Annex 1 to Regulation (EU) 1307/2013 shall, if he has agricultural area at his disposal, declare those areas in his aid application form in accordance with Article 17 of this Regulation.”
(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 ”.
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(3)For Articles 70 and 71 substitute—“1 Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.2 For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.3 Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.4 Regulations under this Regulation may:a contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);b make different provision for different purposes.1 Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.2 A statutory instrument containing regulations made by the Secretary of State under Articles 6(3), 7(3), 43(12), or 52(9) or (10) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.3 A statutory instrument containing regulations made by the Secretary of State under Article 69(1) must be laid before Parliament after being made.4 Regulations made by the Secretary of State under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by resolution of each House of Parliament.5 In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which:a Parliament is dissolved or prorogued, orb either House of Parliament is adjourned for more than 4 days.6 If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.1 Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.2 A statutory instrument containing regulations made by the Welsh Ministers under Article 43(12) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.3 A statutory instrument containing regulations made by the Welsh Ministers under Article 69(1) must be laid before the National Assembly for Wales after being made.4 Regulations made by the Welsh Ministers under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.5 In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the National Assembly for Wales is:a dissolved, orb in recess for more than 4 days.6 If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.1 Except as specified in paragraphs 2 to 6, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).2 Regulations made by the Scottish Ministers under Article 43(12) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).3 Regulations made by the Scottish Ministers under Article 69(1) must be laid before the Scottish Parliament after being made.4 Regulations made by the Scottish Ministers under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.5 In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Scottish Parliament is:a dissolved, orb in recess for more than 4 days.6 If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.1 Except as specified in paragraphs 2 to 6, regulations made by the Department of Agriculture, Environment and Rural Affairs (“the Department”) under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.2 Regulations may not be made by the Department under Article 43(12) unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.3 Regulations made by the Department under Article 69(1) must be laid before the Northern Ireland Assembly after being made.4 Regulations made by the Department under Article 69(1) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.5 In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which the Northern Ireland Assembly is:a dissolved,b in recess for more than 4 days, orc adjourned for more than 6 days.6 If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.”
(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.
(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.
8Amendment of Annexes#
(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)For Article 92 substitute—“Article 91 shall apply to beneficiaries receiving direct payment support.”
(3)For Annex 3 substitute—“”
(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 3 · Amendment of Commission Delegated Regulation (EU) 639/2014
9Amendment of Commission Delegated Regulation (EU) 639/2014#
Commission Delegated Regulation (EU) No. 639/2014 of 11 March 2014 supplementing the Direct Payments Regulation is amended in accordance with regulations 10 to 18.
10Amendment of Chapter 1 (scope and general principles)#
(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.
(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 ”.
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(iii)
(b)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.
(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.
(6)For Article 7 substitute—“For the purposes of Article 4(1)(h) of Regulation (EU) No 1307/2013, established local practices shall be practices for areas for livestock grazing which are traditional in character and are commonly applied on the areas concerned.”
(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)any additional information which a market surveillance authority has at its disposal relating to the lack of conformity with the product.
(8)
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(e)in paragraph 6—
(f)in paragraph 7—
(9)In Article 99(2)—
(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.
(10)Omit Article 100.
(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 ”.
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(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 ”.
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)In Article 13—
(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 ”.
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(cc)omit from the words “, or with the maintenance” to the end;
(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 ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(cc)omit from the words “, or with the maintenance” to the end;
(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.
(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 ”.
(iii)
11Amendment of Chapter 2 (basic payment scheme and single area payment scheme)#
(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.
(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.
(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 ”.
(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.
(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.
(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.
(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.
(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.
(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)at the end insert a new subparagraph—“In this subsection references to “national or regional reserve” are to be construed in accordance with the definitions contained in Article 4 of Regulation (EU) No 1307/2013.”
(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.
(8)
(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.
(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 ”.
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(cc)omit from the words “, or with the maintenance” to the end;
(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.
(iii)
(iv)omit the second subparagraph;
(v)in point (d), for “financed by either of the Funds” substitute “ under which direct payment support is granted ”;
(9)In Article 99(2)—
(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.
(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 ”.
(10)Omit Article 100.
(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.
(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 ”.
(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 ”.
12Amendment of Chapter 3 (greening)#
(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—
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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—
(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.
(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.
(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.
(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.
(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.
(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.
(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.
(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)
(iv)omit the second subparagraph;
(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.
(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 ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(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”;
(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 ”.
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(iii)
(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;
(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;
(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)
(iv)omit the second subparagraph;
(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 ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(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”;
(cc)omit from the words “, or with the maintenance” to the end;
(iii)
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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 ”.
(e)in paragraph 6—
(f)in paragraph 7—
(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 ”.
(g)in paragraph 8—
(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)
(h)in paragraph 8a—
(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 ”.
(i)in paragraph 9, in the second subparagraph—
(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)
(iv)omit the second subparagraph;
(j)in paragraph 10—
(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)
(k)in paragraph 10a, in the second subparagraph, for the words from “However” to “allow” substitute “Nothing in this Article prevents the relevant authority, using any power the relevant authority has, from allowing”.
(8)
(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.
(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 ”.
(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 ”.
(iii)
(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)
(10)Omit Article 100.
13Amendment of Chapter 4 (payment for young farmers)#
In Article 49—
(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 ”.
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(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 ”.
14Amendment of Chapter 5 (coupled support)#
(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—
(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.
(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—
(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.
(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”;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(i)in the first subparagraph, for “Member States” substitute “ the relevant authority ”;
(aa)for “Union legislation” substitute “ the law applying in the constituent nation ”;
(bb)omit “by the Member States”;
(ii)in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.
(e)in paragraph 6—
(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 ”.
(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.
(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.
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the Short Selling (Amendment) (EU Exit) Regulations 2018 note(except for regulation 8(1));
(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.
(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.
(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 ”.
(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 ”.
(5)Where the market surveillance authority has taken action under paragraphs (3) or (4), it must inform the Secretary of State.
15Amendment of Chapter 6 (notifications)#
(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—
16Amendment to Annex I (content of the information to be submitted to the Commission pursuant to Article 67(1))#
Omit Annex I.
17Amendment to Annex III (union method for the quantitative determination of the A9-tetrahydrocannabinol content in hemp varieties)#
In Annex III—
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18Insertion of Annex IV (permitted hemp varieties)#
After Annex III insert—“• Adzelvieši• Antal• Armanca• Asso• Austa SK• Beniko• Białobrzeskie• Cannakomp• Carma• Carmagnola• Carmaleonte• Chamaeleon• Codimono• CS• Dacia Secuieni• Delta-405• Delta-Ilosa• Denise• Diana• Dioica 88• Earlina 8 FC• Eletta Campana• Epsilon 68• Fedora 17• Felina 32• Férimon• Fibranova• Fibrante• Fibrol• Fibror 79• Finola• Futura 75• Glecia• Gliana• Glyana• Henola• Ivory• KC Bonusz• KC Dora• KC Virtus• KC Zuzana• KCA Borana• Kompolti hibrid TC• Kompolti• Lipko• Lovrin 110• Marcello• Markant• Monoica• Rajan• Ratza• Santhica 23• Santhica 27• Santhica 70• Secuieni Jubileu• Silvana• Succesiv• Szarvasi• Tiborszallasi• Tisza• Tygra• Uniko B• Uso-31• Villanova• Wielkopolskie• Wojko• Zenit.”
Part 4 · Amendment of Commission Implementing Regulation (EU) 641/2014
19Amendment of Commission Implementing Regulation (EU) 641/2014#
Commission Implementing Regulation (EU) No. 641/2014 of 16 June 2014 laying down rules for the application of the Direct Payments Regulation is amended in accordance with regulations 20 to 24.
20Amendment of the Chapter 1 (scope and general principles)#
(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—
21Amendment of Chapter 2 (basic payment scheme)#
— Omit Articles 4 to 7.
(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—
(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.
(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—
(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.
Contains public sector information licensed under the Open Government Licence v3.0.