The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020
Jurisdiction | UK Non-devolved |
Citation | SI 2020/90 |
(1) These Regulations may be cited as the Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020.(2) These Regulations come into force on exit day and paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 does not apply.(3) Subject to paragraph 4, these Regulations extend to the United Kingdom.(4) Regulation 16 extends to England and Wales and applies in England only.
Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy in so far as it relates to the Common Agricultural Policy (“CAP”) direct payment schemes is amended in accordance with regulations 3 to 11. in point (a) , for the words from “under” to the end substitute “ for direct payments ” ;in point (c) , for “Member States” substitute “ relevant authority ” ;omit point (e) .for point (f) , substitute—“ expenditure on direct payments and for the purposes of sectoral agricultural legislation ” .(1) Omit Articles 3, 4 and 6.(2) For Article 7 substitute—“ Direct payment support ” .(3) Omit Articles 16 to 19, and 21 to 25.(4) For Article 26 substitute—“ the law applying in the constituent nation ” ;in the second paragraph omit “accredited”.omit paragraph 1;for paragraph 2 substitute—“ the relevant authority ” ;omit paragraph 2;in the first subparagraph, for “Member States” substitute “ the relevant authority ” ;for “Member State” substitute “ relevant authority ” ;for “its national law” substitute “ the law
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(f) “sectoral agricultural legislation” means, insofar as it relates to direct payments:
(i) any applicable acts adopted within the framework of the common agricultural policy on the basis of Article 43 TFEU; (ii) any delegated or implementing acts adopted on the basis of acts referred to in point (i) ; (iii) regulations made in the exercise of powers under any act referred to in point (i) ;
- (g) “irregularity” means any infringement of a provision of sectoral agricultural legislation resulting from an act or omission by an economic operator, where the infringement results, or would result, in a reduction or loss of public revenue or an unjustified item of expenditure;
- (h) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;
- (i) “direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;
- (j) “economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;
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(k) “relevant authority” means:
(i) in England, the Secretary of State; (ii) in Wales, the Welsh Ministers; (iii) in Scotland, the Scottish Ministers; (iv) in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs; -
(l) “relevant accounting officer” means:
(i) in England, the accounting officer for the Department for Environment, Food and Rural Affairs; (ii) in Wales, the Permanent Secretary of the Welsh Government; (iii) in Scotland, the Permanent Secretary of the Scottish Government; (iv) in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;”. -
(m) “appropriate authority” means:
(i) subject to point (ii) , the relevant authority for the constituent nation in which the regulations apply; (ii) the Secretary of State: (aa) in relation to Scotland, if consent is given by the Scottish Ministers; (bb) in relation to Northern Ireland, if consent is given by the Department of Agriculture, Environment and Rural Affairs.
- (a) to take or coordinate, as the case may be, actions with a view to resolving deficiencies of a common nature;
- (b) to promote and, where possible, ensure harmonised application of sectoral agricultural legislation.
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