The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2014

Statutory Rules of Northern Ireland

2014 No. 1

Agriculture

The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2014

Made

6th January 2014

Coming into operation

10th February 2014

[F1 The Department of Agriculture and Rural Development is a Department designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Community and in relation to matters relating to the promotion of rural development.

The Department of Agriculture and Rural Development makes the following Regulations in exercise of the powers conferred on it by section 2(2) of that Act.]

Textual Amendments

F1 Regulations revoked with savings (1.1.2015) by The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 (S.R. 2014/291), reg. 1(1), Sch. 2 (with reg. 8(2))

Marginal Citations

M1 S.I.2000/2812 to which there are amendments not relevant to the subject matter of these Regulations and S.I.2000/3238

M2 1972 c.68

Title, commencement and interpretation N.I.

1.— [F1 (1) These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Amendment) Regulations (Northern Ireland) 2014 and shall come into operation on 10th February 2014.

(2) The Interpretation Act (Northern Ireland) 1954 M3 shall apply to these Regulations as it applies to an Act of the Assembly.]

Textual Amendments

F1 Regulations revoked with savings (1.1.2015) by The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 (S.R. 2014/291), reg. 1(1), Sch. 2 (with reg. 8(2))

Marginal Citations

M3 1954 c.33 (N.I.)

Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005 N.I.

2.   [F1 The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005 M4 are amended in accordance with regulations 3 to 5.]

Textual Amendments

F1 Regulations revoked with savings (1.1.2015) by The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 (S.R. 2014/291), reg. 1(1), Sch. 2 (with reg. 8(2))

Marginal Citations

M4 S.R. 2005 No. 6 as amended by S.R. 2006 No.459, S.R.2009 No.316, S.R.2010 No.174 and S.R. 2012 No. 452

3.   [F1 In regulation 2 (Interpretation)—

(a) in paragraph (2) for the definition of “the Council Regulation” there shall be substituted the following definition—

““the Council Regulation” means 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 as last amended by Regulation (EU) No 1310/2013 of the European Parliament and of the Council M5 ;”;

(b) paragraph (3) is revoked.]

Textual Amendments

F1 Regulations revoked with savings (1.1.2015) by The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 (S.R. 2014/291), reg. 1(1), Sch. 2 (with reg. 8(2))

Marginal Citations

M5 O.J. No.L030, 31.1.2009, p16

4.   [F1 In regulation 6(1)(a) (Competent Control Authority) there shall be added at the end the words “ and the requirements and standards set out in paragraph 9B of the Schedule ”.]

Textual Amendments

F1 Regulations revoked with savings (1.1.2015) by The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 (S.R. 2014/291), reg. 1(1), Sch. 2 (with reg. 8(2))

5.   [F1 In the Schedule (STANDARDS OF GOOD AGRICULTURAL AND ENVIRONMENTAL CONDITION)—

(a) after paragraph 9A (Irrigation Authorisations) there shall be inserted the following paragraph—

Protection of groundwater against pollution

9B.— (1) A contravention of—

(a) Article 7 of the Water Order M6 in so far as it relates to groundwater; or

(b) regulation 19(1) of the Groundwater Regulations, constitutes a failure of cross compliance for the purposes of the Council Regulation.

(2) A contravention of, or a failure to comply with—

(a) any condition of a consent under Article 7A(3)(a) of the Water Order in so far as the condition relates to groundwater;

(b) any condition of an authorisation under regulation 19 of the Groundwater Regulations; or

(c) a notice or any condition of a notice served under regulation 24 or 25 of the Groundwater Regulations, constitutes a failure of cross compliance for the purposes of the Council Regulation.

(3) A farmer shall ensure that the requirements concerning the siting, operation and maintenance of sheep dipping facilities in the Code of Good Agricultural Practice for the Prevention of Pollution of Water, Air and Soil M7 are complied with.”;

(b) in paragraph 10—

(i) after the definition of “earthbank” there shall be inserted the following definition—

““the Groundwater Regulations” means the Groundwater Regulations (Northern Ireland) 2009 M8 ;”;

(ii) after the definition of “undergrazing” there shall be inserted the following definition—

““the Water Order” means the Water (Northern Ireland) Order 1999 M9 ;”.]

Textual Amendments

F1 Regulations revoked with savings (1.1.2015) by The Common Agricultural Policy Direct Payments and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2014 (S.R. 2014/291), reg. 1(1), Sch. 2 (with reg. 8(2))

Marginal Citations

M6 Article 7 was substituted by Article 280 of the Water and Sewerage Services (Northern Ireland) Order 2006. S.I. 2006/3336 (N.I. 21)

M7 Published by the Department of Agriculture and Rural Development August 2008 ISBN Number 978-84807-068

M8 S.R. 2009 No.254

M9 S.I. 1999/662 (N.I.6)

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 6 January 2014.

L.S.

Andrew Elliott

A senior officer of the

Department of Agriculture and Rural Development

Explanatory Note

(This note is not part of the Regulations)

Regulation (EU) No 1310/2013 of the European Parliament and of the Council (O.J. No. L 347, 20.12.2013, p. 865) adds a protection of groundwater against pollution provision to Annex III to 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 (O.J. No. L 030, 31.1.2009, p.16). These Regulations implement that provision. They amend the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005 to provide that contravention of, or failure to comply with, certain requirements relating to the protection of groundwater against pollution constitutes a failure of cross compliance for the purposes of Council Regulation (EC) 73/2009. This may lead to deductions from payments due to a farmer under Council Regulation (EC) 73/2009.

Regulation 4 of these Regulations provides for the new requirements to be enforced by the Department of the Environment.

The Code of Good Agricultural Practice for the Prevention of Pollution of Water, Air and Soil referred to in regulation 5 can be found on the Department of Agriculture and Rural Development website (www. dardni.gov.uk).