The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019

Amendment of Title 1 (Scope and definitions)

3.—(1) In Article 1, in point (b)—

(a) in point (i), omit “and a transitional” to the end;

(b) omit points (ii), (v), (viii), (ix) and (x).

(2) Omit Article 3.

(3) In the first subparagraph of Article 4(1)—

(a) in point (a)—

(i) omit “by national law”;

(ii) for the words from “territorial” to “TFEU” substitute “United Kingdom”;

(b) in point (b), for “territory of the same Member State” substitute “United Kingdom”;

(c) in point (c)—

(i) in point (ii), for the words from “Member States” to “Commission” substitute “the relevant authority on the basis of the framework set out in Article 4 of Regulation (EU) 639/2014”;

(ii) in point (iii) for “Member States” substitute “the relevant authority”;

(d) in point (d), omit “as well as cotton”;

(e) in point (h)—

(i) for “as well as, where Member States so decide”, substitute “and, where the relevant authority so decides”;

(ii) for “Member States so decide”, in the second place it occurs, substitute “the relevant authority so decides”;

(iii) for “Member States”, in the last place it occurs, substitute “The relevant authority”;

(f) in point (i), for “Member State” substitute “United Kingdom”;

(g) in point (k)—

(i) omit “of CN code 0602 90 41”;

(ii) omit “to be” in both places it occurs;

(iii) for “Member States”, in the first place it occurs, substitute “the relevant authority;

(iv) for “Member States”, in the second place it occurs, substitute “relevant authority”;

(h) after point (n) insert—

“(o) “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;

(p) “national reserve” means a reserve established by the relevant authority at the level of the constituent nation;

(q) “regional reserves” means reserves established by the relevant authority at regional level;

(r) “relevant authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(4) In the second subparagraph of Article 4(1)—

(a) for “Member States” substitute “a relevant authority”;

(b) for “have”, in the first place it occurs, substitute “has”.

(5) In Article 4(2)—

(a) for the first subparagraph substitute—

“For the purposes of point (c) of paragraph 1:

(a) the criteria to be met by farmers in order to fulfil the obligation to maintain an agricultural area in a state suitable for grazing or cultivation, as referred to in point (c)(ii) are the criteria set by the relevant authority prior to exit day;

(b) where applicable in a constituent nation, the minimum activity to be carried out on agricultural areas naturally kept in a state suitable for grazing or cultivation, as referred to in point (c)(iii) is as defined by the relevant authority prior to exit day.”;

(b) in the second, third and fourth subparagraphs, for “Member States”, in each place it occurs, substitute “The relevant authority”;

(c) for the last subparagraph substitute—

“This paragraph only applies where the decisions to which it refers were made and notified to the Commission by:

(a) 31st January 2015, in the case of a decision taken under the second subparagraph;

(b) 31st March 2018, in the case of a decision taken under the third or fourth subparagraph.”.