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The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 41 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/785
Year2019
  • These Regulations may be cited as the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
  • In regulation 2(1) of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014
  • Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, to the extent that it applies to support for rural development and support under Regulation (EU) No 508/2014, is amended in accordance with the following provisions of this Part.
    • for the first paragraph substitute—
      This Regulation lays down the common rules applicable to support for rural development
    omit the second paragraph;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .omit points (1) to(4) ;for point (5) , substitute—
    • (5) “Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (‘Regulation (EU) No 1305/2013’)
    ;    “Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (‘Regulation (EU) No 1305/2013’) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .for the fifth paragraph substitute—
      Part Two of this Regulation applies to support for rural development except when it explicitly allows for derogations. The Fund-specific Regulations may establish complementary rules to Part Two of this Regulation. The complementary rules in the Fund-specific Regulations must be read consistently with Part Two of this Regulation. In case of doubt about the application between provisions, Part Two of this Regulation prevails over the Fund-specific Regulations.
    .    omit point (1) ;for point (4) substitute— ;“Fund-specific rules” means the provisions laid down in, or established on the basis of, ...Regulation (EU) No 1305/2013 ...for point (5) substitute—
    • (5) “programming” means the process of organisation, decision-making and allocation of financial resources in several stages, with the involvement of partners in accordance with Article 5, intended to implement, on a multi-annual basis, action by the relevant authority;
    ;    “programming” means the process of organisation, decision-making and allocation of financial resources in several stages, with the involvement of partners in accordance with Article 5, intended to implement, on a multi-annual basis, action by the relevant authority;for point (6) substitute— ;“programme” means F11a ‘rural development programme’ as referred to in Regulation (EU) No 1305/2013;for point (8) substitute—
    • (8) “priority”, in F12Part Two of this Regulation, means a priority for rural development referred to in Regulation (EU) No 1305/2013 ...;
    ;    “priority”, in F12Part Two of this Regulation, means a priority for rural development referred to in Regulation (EU) No 1305/2013 ...;in point (10) , for “Member State” substitute “ relevant authority ”;for point (15) substitute—
    • (15) “public expenditure” means any public contribution to the financing or operations the source of which is the budget of national, regional or local public authorities, the budget of the Union related to the European Agricultural Fund for Rural Development ..., the budget of public law bodies or the budget of associations of public authorities or of public law bodies;
    ;    “public expenditure” means any public contribution to the financing or operations the source of which is the budget of national, regional or local public authorities, the budget of the Union related to the European Agricultural Fund for Rural Development ..., the budget of public law bodies or the budget of associations of public authorities or of public law bodies;for point (16) substitute—
    • (16) “public law body” means any body governed by public law within the criteria in paragraphs (a) to (c) of point 9 of Article 1 of Directive 2004/18/EC of the European Parliament and of the Council
    ;    “public law body” means any body governed by public law within the criteria in paragraphs (a) to (c) of point 9 of Article 1 of Directive 2004/18/EC of the European Parliament and of the Council in point (19) omit “and which contributes to achieving the Union strategy for smart, sustainable and inclusive growth,”;omit points (20) , (22) and (23) ;in point (21) , at the end insert “ as it had effect immediately before F8IP completion day ”;in point (28) , at the end, insert “ as it had effect immediately before F8IP completion day”;in points (29) and (30) omit “Part Three and”;omit points (31) and (32) ;in points (33) and (34) , for “Union priority”, in each place it occurs, substitute “ priority for rural development omit point (35) ;for point (36) substitute—
    • (36) ”irregularity” means any breach of the law as it applies in the constituent nation resulting from an act or omission by an economic operator involved in the implementation of support for rural development ..., which has, or would have, the effect of charging an unjustified item of expenditure to a programme budget;
    ”irregularity” means any breach of the law as it applies in the constituent nation resulting from an act or omission by an economic operator involved in the implementation of support for rural development for point (37) substitute—
    • (37) ”economic operator” means any natural or legal person or other entity taking part in the implementation of support for rural development ..., with the exception of a relevant authority exercising its prerogatives as a public authority;
    ”economic operator” means any natural or legal person or other entity taking part in the implementation of support for rural development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .at the end insert—
    • (40) ‘Financial Regulation’ means Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union as it had effect immediately before F8IP completion day;
    • (41) “CMO support” means financial support granted under Regulation (EU) No 1308/2013 or any of the delegated or implementing acts adopted on the basis of that regulation or of Commission Regulation (EU) No 1234/2007;
    • (42) “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;
    • (43) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be; ...
    • (44) “relevant authority” means—
    • (a) in respect of support under rural development(i) in England, the Secretary of State,(ii) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs,(iii) in Scotland, the Scottish Ministers,(iv) in Wales, the Welsh Ministers,
    • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    ‘Financial Regulation’ means Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union as it had effect immediately before F8IP completion day;“CMO support” means financial support granted under Regulation (EU) No 1308/2013 or any of the delegated or implementing acts adopted on the basis of that regulation or of Commission Regulation (EU) No 1234/2007;“direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;“constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be; ...in England, the Secretary of State,in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs,in Scotland, the Scottish Ministers,in Wales, the Welsh Ministers,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“support for rural development” means financial support granted under Title 3 of Regulation (EU) No 1305/2013 or Title 3, Chapter 2 of this Regulation;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Omit Article 3.

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