The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Document Number:2019 No. 209
 
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Scottish Statutory Instruments

Exiting The European Union

Agriculture

Horticulture

Made

12 th June 2019

Laid before the Scottish Parliament

14 th June 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) and paragraph 1 A of schedule 2 of the European Communities Act 1972(1) , paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018(2) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in these Regulations to Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78 , (EC) No 165/94 , (EC) No 2799/98 , (EC) No 814/2000 , (EC) No 1290/2005 and (EC) No 485/2008(3) , Commission Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance(4) and Commission Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance(5) , to be construed as references to those Regulations as amended from time to time.

PART 1 Introduction

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and come into force as follows—

(a) as regards this Part, Part 2 and Part 4 , on 26 September 2019 ,

(b) as regards Part 3 , on exit day.

(2) These Regulations extend to Scotland only.

PART 2 Amendments in reliance of section 2(2) and paragraph 1 A of schedule 2 of the European Communities Act 1972

The Rural Development (Scotland) Regulations 2015

2.—(1) The Rural Development (Scotland) Regulations 2015(6) are amended as follows.

(2) In regulation 22 (revocations and saving)—

(a) in paragraph (1)—

(i) for “the Schedule” substitute “schedule 1”,

(ii) for “paragraph (2)” substitute “paragraphs (2) and (3)”,

(b) after paragraph (2) , insert—

“(3) For the purposes of the application of paragraph (2) to the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008(7) and the Rural Development Contracts (Land Managers Options) (Scotland) Regulations 2008(8) , those Regulations are to be read as if the amendments set out in schedule 2 had been made.”.

(3) In the schedule (revocations) , for “Schedule” substitute “Schedule 1”.

(4) After schedule 1 (revocations) , insert—

Regulation 22(3)

“SCHEDULE 2 Amendments for the purpose of the application of regulation 22(2)

The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

1.—(1) In regulation 2(1) (interpretation)—

(a) in the definition of “Commission Regulation 1974/2006”—

(i) omit “, as amended by Commission Regulations (EC) No. 434/2007 and (EC) 1236/2007”,

(ii) at the end insert “, as last amended by Commission Implementing Regulation (EU) No 335/2013(9)”,

(b) in the definition of “Commission Regulation 1122/2009”, at the end insert “, as last amended by Commission Regulation (EU) No 426/2013(10)”,

(c) in the definition of “Commission Regulation 65/2011”, at the end insert “, as last amended by Commission Implementing Regulation (EU) No 937/2012(11)”,

(d) in the definition of “Council Regulation 1698/2005”, at the end insert “, as last amended by Regulation (EU) No 1312/2011(12)”,

(e) in the definition of “Council Regulation 73/2009”, at the end insert “, as last amended by Commission Delegated Regulation (EU) No 994/2014(13)”,

(f) after the definition of “Crofting Commission”, insert—

““Cross-Compliance Regulations” means the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014(14) ,”,

(g) after the definition of “regional priorities”, insert—

““Regulation (EU) No 1306/2013” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78 , (EC) No 165/94 , (EC) No 2799/98 , (EC) No 814/2000 , (EC) No 1290/2005 and (EC) No 485/2008 , as amended from time to time,”.

(2) In regulation 9(5) (undertakings)—

(a) in sub-paragraph (a) , at the end insert “or Article 93 and Annex II of Regulation (EU) No 1306/2013”,

(b) in sub-paragraph (b) , at the end insert “or regulation 3(2) and the schedule of...

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