The Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply throughout the United Kingdom. They make provision for the implementation of Council Regulation (EC) No. 1782/2003 (O.J. No. L 270, 21.10.2003, p.1) (the “Council Regulation”) in relation to establishing an integrated administration and control system (“IACS”) for direct support schemes under the common agricultural policy. In addition these Regulations implement certain provisions of Commission Regulation (EC) No 796/2004 (O.J. No. L 141, 30.4.2004, p.18) (“Commission Regulation 796/2004”) laying down detailed rules for the implementation of the integrated administration and control system and Commission Regulation (EC) No 1973/2004 (O.J. No. L 345, 20.11.2004, p1) (“Commission Regulation 1973/2004”) laying down detailed rules as regards the support schemes provided for in Titles IV and IVa of the Council Regulation and the use of land set aside for the production of raw materials.

These Regulations–

(a) designate the Secretary of State, the Scottish Ministers, the National Assembly for Wales and in Northern Ireland the Department of Agriculture and Rural Development, acting jointly, as the authority responsible for coordinating the checks referred to in the Council Regulation (regulation 3);

(b) make provision for determining which competent authority is the authority for the purposes of the single application for direct payments (regulations 4 and 5);

(c) provide that the last day on which the single application may be submitted to the competent authority for any IACS year is the 15^th May immediately preceding the commencement of that year (regulation 6);

(d) prescribe the minimum size of an agricultural parcel in respect of which the single application may be made (regulation 7) (except for land set aside pursuant to an obligation under Article 54 of the Council Regulation which is the subject of The Common Agricultural Policy Single Payment Scheme (Set-Aside) Regulations 2004. (S.I. 2004/ 3385)).

(e) provide for the reimbursement of specified payments to be recoverable as a debt and provide for the calculation of interest (regulations 8 and 9);

(f) confer on authorised persons of the competent authority powers of entry and other powers for the purposes of the Regulations and require that such assistance be given to the authorised person for the exercise of their powers as they may reasonably request (regulations 10 and 11);

(g) create offences and penalties (regulation 12);

(h) provide powers for competent authorities to enter into agency arrangements with each other, and to provide for the sums recoverable by one competent authority to be set off against the sums payable as a specified payment by another competent authority (regulations 13 and 14).

These Regulation revoke the Integrated Administration and Control System Regulations 1993 (S.I. 1993/1317) and their amending Regulations which implemented Council Regulation (EEC) No 3508/92 which established for the first time an integrated administration and control system for certain Community aid schemes in the agriculture sector. The Integrated Administration and Control System Regulations 1993 will continue to apply for certain purposes in respect of applications for direct payments in respect of calendar years preceding 2005.

A full regulatory impact assessment on the effect that the Single Payment Scheme will have on the costs of business is available from the Defra Information Resource Centre, Lower Ground Floor, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR, or at www.defra.gov.uk/corporate/consult/capsinglepayment/index.htm.