Title, commencement and interpretationN.I.
1.—(1) These Regulations may be cited as the Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 and shall come into operation on 1st January 2015.
(2) The Interpretation Act (Northern Ireland) 1954 M1 shall apply to these Regulations as it applies to an Act of the Assembly.
(3) In these Regulations—
“agri-environment agreement” means an agreement entered into under a measure supported by the European Fund for Rural Development and forming part of the Northern Ireland Rural Development Programme approved by the European Commission under Article 10 of Council Regulation (EU) No. 1305/2013 or under a measure listed in Article 36 of Council Regulation 1698/2005;
“authorised person” means any person authorised by the Department to act in matters relating to these Regulations, the Horizontal Regulation, the Commission Implementing Regulation or the Commission Delegated Regulation;
“the Commission Delegated Regulation” means Commission Delegated Regulation 640/2014 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;
“the Commission Implementing Regulation” means Commission Implementing Regulation No 809/2014 laying down rules for the application of Regulation (EU) 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;
“Commission Regulation (EU) 1120/2009” means Commission Regulation (EC) No 1120/2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers M2;
“Council Regulation 1698/2005” means Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
“the Department” means the Department of Agriculture and Rural Development;
“the Direct Payment Regulation” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation No 637/2008 and Council Regulation (EC) No 73/2009 M3;
“the Horizontal Regulation” 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 M4;
“non compliance” means contravention of any rule on cross compliance for the purposes of Article 93 of the Horizontal Regulation;
“permanent pasture” has the meaning given to it in Article 2 of Commission Regulation 1120/2009 M5.
(4) Any reference in these Regulations to Community instrument is a reference to that instrument [F1as amended from time to time] .
(5) Other expressions used in these Regulations shall be construed in accordance with the Direct Payment Regulation.
Textual Amendments
F1Words in reg. 1(4) substituted (6.3.2019) by The Agriculture (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/11), regs. 1(1), 5(2)
Marginal Citations
M2O.J. No. L316 2.2.2009 p1
M3O.J. No. L347, 20.12.13, p608
M4O.J. No. L347, 20.12.13, p549
M5O.J. No. L316, 2.12.2009, p1