Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 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

Changes over time for: Regulation (EU) No 1306/2013 of the European Parliament and of the Council (without Annexes)

Version Superseded: 01/01/2021

Alternative versions:

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

Regulation (EU) No 1306/2013 of the European Parliament and of the Council is up to date with all changes known to be in force on or before 22 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

TITLE IU.K.SCOPE AND DEFINITIONS

Article 1U.K.Scope

This Regulation lays down the rules on:

(a)

the financing of expenditure [F1for direct payments] [F2on agricultural support];

(b)

the farm advisory system;

(c)

the management and control systems to be put in place by the [F3relevant authority];

(d)

the cross-compliance system;

(e)

F4...

Textual Amendments

F1Words in Art. 1(a) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(1)(a)

F2Words in Art. 1(a) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(1)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 1(c) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(1)(b); and words in Art. 1(c) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(1)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4Art. 1(e) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(1)(c); and Art. 1(e) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(1)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2U.K.Terms used in this Regulation

1.For the purpose of this Regulation:

(a)"farmer", means a farmer within the meaning of Article 4 of Regulation (EU) 1307/2013;

(b)"agricultural activity" means an agricultural activity within the meaning of Article 4 of Regulation (EU) 1307/2013;

(c)"agricultural area" means an agricultural area within the meaning of Article 4 of Regulation (EU) 1307/2013;

(d)"holding" means holding within the meaning of Article 4 of Regulation (EU) 1307/2013, save as provided for in Article 91(3);

(e)[F5"direct payments" means direct payments within the meaning of Article 1 of Regulation (EU) 1307/2013;]

(f)[F6“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);]

[F7‘sectoral agricultural legislation’ means , insofar as it relates to agricultural support:

(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);

(iv)Part Two of Regulation (EU) No 1303/2013 insofar as it applies to support for rural development;]

[F8(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;]

[F9(h)“constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;]

(i)[F10“direct payment support” means financial support granted under any of the support schemes listed in Annex I to Regulation (EU) No 1307/2013;]

[F11“agricultural support” means support for rural development and CMO support;]

[F12(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;]

[F13(k)“relevant authority”, unless otherwise defined in this Regulation, 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;]

[F14(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;]

[F15(m)[F16“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.]

[F16“appropriate authority” means the relevant authority for the constituent nation in which the regulations apply.]]

[F17(n) “CMO support” means financial support granted under:

(i)Regulation (EU) No 1308/2013 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;

(ii)any delegated or implementing acts adopted on the basis of Regulation (EC) No 1234/2007;

(iii)Regulation (EU) No 1144/2014 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;

(o)‘support for rural development’ means financial support granted under Title III of Regulation (EU) No 1305/2013 or Title III, Chapter II of Regulation (EU) No 1303/2013;]

2.For the purposes of the financing, management and monitoring of [F18expenditure on direct payments and for the purposes of sectoral agricultural legislation][F19expenditure on agricultural support and for the purposes of sectoral agricultural legislation], "force majeure" and "exceptional circumstances" may, in particular, be recognised in the following cases:

(a)the death of the beneficiary;

(b)long-term professional incapacity of beneficiary;

(c)a severe natural disaster gravely affecting the holding;

(d)the accidental destruction of livestock buildings on the holding;

(e)an epizootic or a plant disease affecting part or all of the beneficiary's livestock or crops respectively;

(f)expropriation of all or a large part of the holding if that expropriation could not have been anticipated on the day of lodging the application.

[F203.In this Regulation, references to Regulation (EU) No 1303/2013 are references to that Regulation as amended by the European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019.]

Textual Amendments

F5Art. 2(1)(e) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(ai) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F6Art. 2(1)(f) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(i)

F7Art. 2(1)(f) substituted (31.1.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(i) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F8Art. 2(1)(g) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(ii); and Art. 2(1)(g) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(ii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F9Art. 2(1)(h) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and Art. 2(1)(h) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F10Art. 2(1)(i) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii)

F11Art. 2(1)(i) inserted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F12Art. 2(1)(j) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and Art. 2(1)(j) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F13Art. 2(1)(k) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and a similar Art. 2(1)(k) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F14Art. 2(1)(l) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii); and Art. 2(1)(l) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F15Art. 2(1)(m) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iii)

F16Art. 2(1)(m) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(2)

F17Art. 2(1)(n)(o) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(a)(iii) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F18Words in Art. 2(2) substituted for “the CAP” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 3(2)(a)(iv)

F19Words in Art. 2(2) substituted for “the CAP” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F20Art. 2(3) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

TITLE IIU.K.GENERAL PROVISIONS ON AGRICULTURAL FUNDS

CHAPTER IU.K.Agricultural Funds

F21Article 3U.K.Funds financing agricultural expenditure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Arts. 3, 4, 6 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 4(1); and Arts. 3-6 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 4(1); 2020 c. 1, Sch. 5 para. 1(1)

F21Article 4U.K.EAGF expenditure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Article 5U.K.EAFRD expenditure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Arts. 3-6 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 4(1); 2020 c. 1, Sch. 5 para. 1(1)

F21Article 6U.K.Other expenditure, including technical assistance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER IIU.K.Paying agencies and other bodies

Article 7U.K.[F23Designation of paying agencies and coordinated action by relevant authorities]

[F241.Paying agencies shall be departments or bodies designated by the relevant authority, which have an administrative organisation and a system of internal control that provide sufficient guarantees that payments are legal and regular, and properly accounted for.

2.The number of paying agencies shall be restricted to no more than one per constituent nation.

3.Paying agencies shall be responsible for the management and control of expenditure on direct payments. With the exception of payment, the carrying out of those tasks may be delegated.

4.The relevant authorities shall have joint responsibility for the following tasks:

(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.]

[F251.Paying agencies shall be departments or bodies designated by the relevant authority, which have an administrative organisation and a system of internal control that provide sufficient guarantees that payments are legal and regular, and properly accounted for.

2.The number of paying agencies shall be restricted to no more than one per constituent nation. However, the relevant authorities may jointly designate a single paying agency for the UK to manage aid schemes which, by their nature, have to be managed at UK level.

3.Paying agencies shall be responsible for the management and control of expenditure on agricultural support. With the exception of payment, the carrying out of those tasks may be delegated.

4.The relevant authorities shall have joint responsibility for the following tasks:

(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.

5.The paying agencies shall manage and ensure the control of the operations linked to public intervention for which they are responsible and they shall retain overall responsibility in that field.]

Textual Amendments

F23Art. 7 heading substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 4(2); and Art. 7 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F24Art. 7 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 4(2)

F25Art. 7(1)-(5) substituted for Art. 7(1)-(6) (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 4(3) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(4)); 2020 c. 1, Sch. 5 para. 1(1)

[F26Article 8U.K.Commission powers

1.To ensure the sound operation of the system provided for in Article 7, the [F27appropriate authority may make regulations] concerning:

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the obligations of the paying agencies as regards public intervention, as well as the rules on the content of their management and control responsibilities.

F292.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F26Arts. 8-10 omitted (31.1.2020 in so far as relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 4(3)

F27Words in Art. 8(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 4(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F28Art. 8(1)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 4(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F29Art. 8(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 4(b); 2020 c. 1, Sch. 5 para. 1(1)

F30Article 9U.K.Certification bodies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30Arts. 8-10 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 4(3); and Art. 9 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 4(4); 2020 c. 1, Sch. 5 para. 1(1)

F31Article 10U.K.Admissibility of payments made by the paying agencies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31Arts. 8-10 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 4(3); and Art. 10 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 4(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 11U.K.Payment in full to beneficiaries

Except where otherwise explicitly provided F32..., payments relating to the financing provided for in this Regulation shall be disbursed in full to the beneficiaries.

Textual Amendments

F32Words in Art. 11 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 4(4); and words in Art. 11 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 4(5); 2020 c. 1, Sch. 5 para. 1(1)

TITLE IIIU.K.FARM ADVISORY SYSTEM

Article 12U.K.[F33Principle and scope] [F33Farm Advisory System]

[F331.[F34The relevant authority must have in place] a system for advising beneficiaries on land management and farm management ('farm advisory system'). That farm advisory system shall be operated by designated public bodies and/or selected private bodies.

2.The farm advisory system shall cover at least the following:

(a)obligations at farm level resulting from the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI;

F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)measures at farm level provided for in rural development programmes for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation, as well as for the promotion of entrepreneurship;

[F36(d)requirements on beneficiaries which apply as a consequence of the implementation of Article 11(3) of Directive 2000/60/EC;

(e)requirements on beneficiaries which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Article 14 of Directive 2009/128/EC.]

3.The farm advisory system may also cover, in particular:

(a)the promotion of conversions of farms and the diversification of their economic activity;

(b)risk management and the introduction of appropriate preventive actions to address natural disasters, catastrophic events and animal and plant diseases;

(c)the minimum requirements established by [F37the law applying in the constituent nation], as referred to in Article 28(3) and 29(2) of Regulation (EU) No 1305/2013;

(d)the information related to climate change mitigation and adaptation, biodiversity and protection of water, as set out in Annex I to this Regulation.]

[F33The relevant authority [F38must] [F38may] have in place a system for advising beneficiaries on land management and farm management (“farm advisory system”). That farm advisory system [F39shall] [F39may] be operated by designated public bodies and/or selected private bodies. [F40That system shall cover the agricultural practices beneficial for the climate and the environment laid down in Chapter 3 of Title III of Regulation (EU) No 1307/2013 and the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of that Regulation.] [F40That system may cover the maintenance of the agricultural area as referred to in point (c) of Article 4(1) of Regulation (EU) No. 1307/2013.]]

Textual Amendments

F33Art. 12 substituted for Arts. 12-15 (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 5(1)

F34Words in Art. 12(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(1)(a); 2020 c. 1, Sch. 5 para. 1(1)

F35Art. 12(2)(b) omitted (31.12.2020) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(1)(b)(i) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F36Art. 12(2)(d)(e) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(1)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F37Words in Art. 12(3)(c) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(1)(c); 2020 c. 1, Sch. 5 para. 1(1)

F38Word in Art. 12 substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(3)(a)

F39Word in Art. 12 substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(3)(b)

F40Words in Art. 12 substituted (W.) (31.12.2020 in so far as relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(3)(c)

[F33Article 13U.K.Specific requirements relating to the farm advisory system

1.[F41The relevant authority] shall ensure that advisors working within the farm advisory system are suitably qualified and regularly trained.

2.[F42The relevant authority] shall ensure the separation between advice and checks. In that respect, and without prejudice to [F43the law applying in the constituent nation] concerning public access to documents, [F44the relevant authority] shall ensure that the selected and designated bodies as referred to in Article 12(1) do not disclose any personal or individual information or data they obtain in the course of their advisory activity to persons other than the beneficiary who is managing the holding concerned, with the exception of any irregularity or infringement found in the course of their activity which is covered by an obligation laid down in F45... law to inform a public authority, in particular in the case of criminal offences.

3.The [F46relevant authority] shall provide, primarily by electronic means, the potential beneficiary with the appropriate list of selected and designated bodies as referred in Article 12(1).]

Textual Amendments

F41Words in Art. 13(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F42Words in Art. 13(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F43Words in Art. 13(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F44Words in Art. 13(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F45Words in Art. 13(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(2)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F46Words in Art. 13(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F33Article 14U.K.Access to the farm advisory system

Beneficiaries and farmers not receiving [F47agricultural support] may use the farm advisory system on a voluntary basis.

Without prejudice to the fourth subparagraph of Article 99(2), [F48the relevant authority] may, however, determine in accordance with objective criteria, the categories of beneficiaries that have priority access to the farm advisory system, including networks operating with limited resources within the meaning of Articles 53, 55 and 56 of Regulation (EU) No 1305/2013.

In such cases, [F48the relevant authority] shall ensure that priority is given to those farmers with the most limited access to an advisory service other than the farm advisory system.

The farm advisory system shall ensure that beneficiaries have access to advice reflecting the specific situation of their holding.]

Textual Amendments

F47Words in Art. 14 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F48Words in Art. 14 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F33Article 15U.K.[F49Powers]

The [F50appropriate authority may make regulations] laying down rules on the uniform implementation of the farm advisory system in order to render that system fully operational.

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F49Art. 15 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 5(za) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 10(3)); 2020 c. 1, Sch. 5 para. 1(1)

F50Words in Art. 15 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 5(a); 2020 c. 1, Sch. 5 para. 1(1)

F51Words in Art. 15 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 5(b); 2020 c. 1, Sch. 5 para. 1(1)

TITLE IVU.K.FINANCIAL MANAGEMENT F52...

CHAPTER IU.K.[F53Direct payment support] [F54CMO support]

Section 1U.K.Financing of expenditure

F55Article 16U.K.Budget ceiling

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Arts. 16-19 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(3); and Arts. 16-19 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

F55Article 17U.K.Monthly payments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Article 18U.K.Procedure for monthly payments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55Article 19U.K.Administrative and personnel costs

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 20U.K.Public intervention expenditure

F561.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F572.The appropriate authority may make regulations in relation to public intervention expenditure concerning:

(a)the types of measures eligible for financing and the reimbursement conditions;

(b)the eligibility conditions and calculation methods based on the information actually observed by the paying agencies or based on flat-rates prescribed in regulations by the appropriate authority, or based on flat-rate or non-flat-rate amounts provided for by the sectoral agricultural legislation.

3.The appropriate authority may make regulations laying down the rules on the valuation of operations in connection with public intervention, the measures to be taken in the case of loss or deterioration of products under the public intervention, and on the determination of the amounts to be financed.]

F584.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56Art. 20(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(4); 2020 c. 1, Sch. 5 para. 1(1)

F57Art. 20(2)(3) substituted for Art. 20(2)-(4) (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 6; 2020 c. 1, Sch. 5 para. 1(1)

F58Art. 20(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(4); 2020 c. 1, Sch. 5 para. 1(1)

F59Article 21U.K.Acquisition of satellite images

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Arts. 21-25 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(3); and Arts. 21-29 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F59Article 22U.K.Monitoring of agricultural resources

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Article 23U.K.Implementing powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 2U.K.Budget discipline

F59Article 24U.K.Compliance with the ceiling

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Article 25U.K.Reserve for crises in the agricultural sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F60Article 26U.K.Financial discipline

[F611.Where the relevant authority has an obligation to reimburse in respect of the 2019 adjustment rate, as provided for in Article 26(5) as it had effect immediately before exit day, the reimbursement must only be paid to relevant farmers.

2.For the purposes of paragraph 1, a relevant farmer is a person who would be liable to be subject to an adjustment rate under Article 26 as it had effect immediately before exit day.]]

Textual Amendments

F60Art. 26 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(4); and Arts. 21-29 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F61Art. 26 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(4)

F62Article 27U.K.Budget discipline procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Arts. 27-29 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(5); and Arts. 21-29 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(5) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F62Article 28U.K.Early-warning and monitoring system

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Article 29U.K.Reference exchange rates

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Title 4 Ch. 1 heading substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(2)

F54Title 4 Ch. 1 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(2) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(6)(a)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIU.K.[F63Support for rural development]

Section 1U.K.[F64General provisions relating to support for rural development]

Article 30U.K.No double funding

[F65Measures financed by support for rural development] shall not be the subject of any other [F66agricultural support].

Textual Amendments

F65Words in Art. 30 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F66Words in Art. 30 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F67Article 31U.K.Provisions applying to all payments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67Art. 31 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(11); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F64Title 4 Ch. 2 Section 1 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(9); 2020 c. 1, Sch. 5 para. 1(1)

Section 2U.K.Financing of rural development programmes

[F68Article 32U.K.Core contribution

The core contribution referred to in Article 58(1) of Regulation (EU) No 1305/2013 shall be determined for each programme, within the ceilings established by Annex 1 to Regulation (EU) No 1305/2013.]

Textual Amendments

F68Art. 32 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(12); 2020 c. 1, Sch. 5 para. 1(1)

F69Article 33U.K.Budget commitments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69Arts. 33-45 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

Section 3U.K.Financial contribution to rural development programmes

F70Article 34U.K.Provisions applying to payments for rural development programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Arts. 33-45 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F71Article 35U.K.Prefinancing arrangements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Arts. 33-45 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F72Article 36U.K.Interim payments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72Arts. 33-45 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F73Article 37U.K.Payment of the balance and closure of the programme

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73Arts. 33-45 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F74Article 38U.K.Automatic decommitment for rural development programmes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74Arts. 33-45 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F63Title 4 Ch. 2 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(8); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIIU.K.Common Provisions

F75Article 39U.K.Agricultural financial year

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75Arts. 39-45 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(6); and Arts. 33-45 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(13); 2020 c. 1, Sch. 5 para. 1(1)

F75Article 40U.K.Compliance with payment deadlines

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75Article 41U.K.Reduction and suspension of monthly and interim payments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75Article 42U.K.Suspension of payments in the case of late submission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75Article 43U.K.Assignment of revenue

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75Article 44U.K.Keeping of separate accounts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75Article 45U.K.Information measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 46U.K.[F76Powers]

F771.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F772.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F773.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F774.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F785.The appropriate authority may make regulations laying down specific conditions applying to the information to be booked in the accounts kept by paying agencies.]

[F796.The appropriate authority may make regulations to make provision for the financing of intervention measures in the form of public storage, and other expenditure financed by agricultural support.]

Textual Amendments

F76Art. 46 heading substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(2)(a)

F77Art. 46(1)-(4) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(7)(a); and Art. 46(1)-(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(14); 2020 c. 1, Sch. 5 para. 1(1)

F78Art. 46(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 9; 2020 c. 1, Sch. 5 para. 1(1)

F79Art. 46(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 9; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IVU.K.Clearance of accounts

Section IU.K.General provisions

F80Article 47U.K.On-the-spot checks by the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80Art. 47 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(8); and Art. 47 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(15); 2020 c. 1, Sch. 5 para. 1(1)

F81Article 48U.K.Access to information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81Art. 48 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(8); and Art. 48 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(15); 2020 c. 1, Sch. 5 para. 1(1)

Article 49U.K.Access to documents

The F82... paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by [F83the law applying in the constituent nation].

Where those documents are kept by an authority acting under delegation from a paying agency and responsible for authorising expenditure, that authority shall send reports to the F84... paying agency on the number of checks made, their content and the measures taken in the light of their results.

Textual Amendments

F82Word in Art. 49 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(9)(a)(i); and word in Art. 49 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F83Words in Art. 49 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(9)(a)(ii); and words in Art. 49 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(16)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F84Word in Art. 49 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(9)(b); and word in Art. 49 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 50U.K.[F85Powers]

F861.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F872.The appropriate authority may make regulations laying down rules on the conditions on which the supporting documents referred to in Article 49 are to be kept, including their form and the time period of their storage.]

Textual Amendments

F85Art. 50 heading substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(3); and Art. 50 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(17)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(6)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F86Art. 50(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(10)(a); and Art. 50(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(17)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(6)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F87Art. 50(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 10; 2020 c. 1, Sch. 5 para. 1(1)

Section IIU.K.Clearance

F88Article 51U.K.Clearance of accounts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88Arts. 51-53 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(11); and Arts. 51-53 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(18); 2020 c. 1, Sch. 5 para. 1(1)

F88Article 52U.K.Conformity clearance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88Article 53U.K.Commission powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section IIIU.K.Irregularities

Article 54U.K.Common Provisions

1.For any undue payment following the occurrence of irregularity or negligence, [F89the relevant authority] shall request recovery from the beneficiary [F90within 18 months] after the approval and, where applicable, reception, by the paying agency or body responsible for the recovery, of a control report or similar document, stating that an irregularity has taken place. The corresponding amounts shall be recorded at the time of the recovery request in the debtors' ledger of the paying agency.

F912.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.On duly justified grounds, [F92the relevant authority] may decide not to pursue recovery. A decision to this effect may be taken only in the following cases:

(a)where the costs already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if:

(i)

the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed [F93EUR 100] [F93£100]; or

(ii)

[F94the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, falls between [F95EUR 100] [F95£100] and [F96EUR 250] [F96£250] and the [F97relevant authority] concerned applies a threshold equal to or higher than the amount to be recovered under [F98the law applying in the constituent nation] for not pursuing national debts.]

(b)where recovery proves impossible owing to the insolvency, recorded and recognised under [F99the law applying in the constituent nation], of the debtor or the persons legally responsible for the irregularity.

F100...

F1014.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1015.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89Words in Art. 54(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(a); and words in Art. 54(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F90Words in Art. 54(1) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(5)(a)

F91Art. 54(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(b); and Art. 54(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

F92Words in Art. 54(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(i); and words in Art. 54(3) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F93Sum in Art. 54(3)(a)(i) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(5)(b)(i)

F94Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F95Sum in Art. 54(3)(a)(ii) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(5)(b)(ii)(aa)

F96Sum in Art. 54(3)(a)(ii) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(5)(b)(ii)(bb)

F97Words in Art. 54(3)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(ii)(aa); and words in Art. 54(3)(a)(ii) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F98Words in Art. 54(3)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(ii)(bb); and words in Art. 54(3)(a)(ii) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F99Words in Art. 54(3)(b) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(iii); and words in Art. 54(3)(b) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F100Words in Art. 54(3) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(c)(iv); and words in Art. 54(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F101Art. 54(4)(5) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(12)(d); and Art. 54(4)(5) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(19)(d); 2020 c. 1, Sch. 5 para. 1(1)

[F104Article 55U.K.[F102Provisions specific to direct payment support] [F103Provisions specific to CMO support]

[F102Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with direct payment support.]

[F103Sums recovered following the occurrence of irregularity or negligence and the interest thereon must be made over to the paying agency and booked by it as revenue collected in connection with CMO support.]]

Textual Amendments

F102Art. 55 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(13)

F103Art. 55 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(20) (S.I. 2020/1445, regs. 1(2)(b), 3(6)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F104Art. 55 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(6)

[F105Article 56U.K.Provisions specific to support for rural development

Where irregularities or negligence are detected in rural development operations or programmes, the relevant authority must make financial adjustments by totally or partially cancelling the funding concerned. In making the financial adjustments, the relevant authority must take into consideration the nature and gravity of the irregularities detected and the loss to public funds.

Amounts which are cancelled and amounts which are recovered, together with any interest, must be reallocated to the rural development programme to which they relate, but may not be allocated to operations which have been subject to a financial adjustment under paragraph 1. Where such amounts are received after the closure of the rural development programme to which they relate, they must either be allocated to other agricultural support measures or returned to the relevant consolidated fund.

For the purposes of the second paragraph, the ‘relevant consolidated fund’ is:

(a)in relation to England, the consolidated fund;

(b)in relation to Wales, the Welsh consolidated fund;

(c)in relation to Scotland, the Scottish consolidated fund;

(d)in relation to Northern Ireland, the Northern Ireland consolidated fund.]

Textual Amendments

F105Art. 56 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(21); 2020 c. 1, Sch. 5 para. 1(1)

[F106Article 57U.K.Power to make regulations

In order to ensure correct and efficient application of the provisions relating to the conditions for the recovery of undue payments and interest thereon, the appropriate authority may make regulations setting out procedures for such recovery as set out in this Section.]

Textual Amendments

F106 Art. 57 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 11; 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F52Words in Title 4 heading omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 6(1); and words in Title 4 heading omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 6(1); 2020 c. 1, Sch. 5 para. 1(1)

TITLE VU.K.CONTROL SYSTEMS AND PENALTIES

CHAPTER IU.K.General rules

Article 58U.K.[F107Financial Management]

1.[F108The relevant authority must take all measures necessary to ensure proper management of public money], in particular to:

(a)check the legality and regularity of operations financed by [F109direct payment support] [F110agricultural support];

(b)ensure effective prevention against fraud, especially in areas with a higher level of risk, and which will act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures;

(c)prevent, detect and correct irregularities and fraud;

[F111(d)enforce penalties through legal proceedings, as necessary;]

(e)recover undue payments plus interest, and bring legal proceedings to that effect as necessary.

2.[F112The relevant authority] shall set up efficient management and control systems in order to ensure compliance with the legislation governing [F113direct payment] [F114agricultural] support schemes aimed at [F115ensuring proper management of public money].

[F1163.Any conditions established by the relevant authority to supplement conditions for receiving direct payment support contained in retained direct EU legislation shall be verifiable.]

[F1173.Any conditions established by the relevant authority to supplement conditions for receiving agricultural support contained in retained direct EU legislation shall be verifiable.]

F1184.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107Art. 58 heading substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(1); and Art. 58 heading substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(1); 2020 c. 1, Sch. 5 para. 1(1)

F108Words in Art. 58(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(a)(i); and words in Art. 58(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F109Words in Art. 58(1)(a) substituted for “the Funds” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(a)(ii)

F110Words in Art. 58(1)(a) substituted for “the Funds” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F111Art. 58(1)(d) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(a)(iii); and Art. 58(1)(d) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F112Words in Art. 58(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(b)(i); and words in Art. 58(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F113Words in Art. 58(2) substituted for “Union” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(b)(ii)

F114Word in Art. 58(2) substituted for “Union” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F115Words in Art. 58(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(b)(iii); and words in Art. 58(2) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F116Art. 58(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(c)

F117Art. 58(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F118Art. 58(4) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(2)(d); and Art. 58(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

Article 59U.K.General principles of checks

1.Except where otherwise provided, the system set up by the [F119relevant authority] in accordance with Article 58(2) shall include systematic administrative checking of all aid applications and payment claims. That system shall be supplemented by on-the-spot checks.

2.As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part in order to obtain a representative error rate and a risk-based part, which shall target the areas where the risk of errors is the highest.

3.The authority responsible shall draw up a report on each on-the-spot check.

[F1204.Where appropriate, all on-the-spot checks provided for in [F121retained direct EU legislation] regarding agricultural aid and rural development support shall be carried out at the same time.]

[F1204.Where appropriate, all on-the-spot checks provided for in sectoral agricultural legislation shall be carried out at the same time.]

5.[F122The relevant authority] shall ensure a minimum level of on-the-spot checks needed for an effective management of the risks, and shall increase that minimum level where necessary. [F122The relevant authority] may reduce that minimum level where the management and control systems function properly and the error rates remain at an acceptable level.

6.In cases F123... provided for F124... on the basis of point (h) of Article 62(2), aid applications and payment claims or any other communications, claims or requests may be corrected and adjusted after their submission in cases of obvious errors recognised by the competent authority.

7.An aid application or payment claim shall be rejected if the beneficiary or his representative prevents an on-the-spot check from being carried out, except in cases of force majeure or in exceptional circumstances.

Textual Amendments

F119Words in Art. 59(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(3)(a); and words in Art. 59(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F120Art. 59(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(3)(b)

F121Words in Art. 59(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F122Words in Art. 59(5) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(3)(c); and words in Art. 59(5) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F123Words in Art. 59(6) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(3)(d)(i); and words in Art. 59(6) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F124Words in Art. 59(6) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(3)(d)(ii); and words in Art. 59(6) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(3)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 60U.K.Circumvention clause

Without prejudice to specific provisions, no advantage provided for under sectoral agricultural legislation shall be granted in favour of a natural or legal person in respect of whom it is established that the conditions required for obtaining such advantages were created artificially, contrary to the objectives of that legislation.

F125Article 61U.K.Compatibility of support schemes for the purposes of checks in the wine sector

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125Art. 61 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 62U.K.[F126Powers as regards checks]

1.In order to ensure that the checks are carried out correctly and efficiently and that the eligibility conditions are verified in an efficient, coherent and non-discriminatory manner [F127, the Secretary of State may make regulations setting out], where the proper management of the system so requires, additional requirements with respect to customs procedures, and in particular to those laid down in Regulation (EC) No 952/2013 of the European Parliament and of the Council(1).

2.The [F128appropriate authority may make regulations], laying down rules necessary for the uniform application of this Chapter, and in particular:

(a)rules on administrative and on-the-spot checks to be conducted by the [F129relevant authority] with regard to the respect of obligations, commitments and eligibility criteria F130...;

(b)rules on the minimum level of on-the-spot checks and on the obligation to increase it or the possibility of reducing it as set out in Article 59(5);

(c)the rules and methods applicable to the reporting of the checks and verifications carried out and their results;

[F131(d)the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks are to apply;]

[F131(d)the authorities responsible for performing compliance checks and the content and frequency of those checks;]

F132(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F132(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)with regard to wine as referred to in Regulation (EU) No 1308/2013, rules on the measurement of areas, on checks and on rules governing the specific financial procedures for the improvement of checks;

(h)the cases in which aid applications and payments claims or any other communications, claims or requests may be corrected and adjusted after their submission, as referred to in Article 59(6);

(i)the tests and methods to be applied in order to establish the eligibility of products for public intervention and private storage, as well as the use of tendering procedures, both for public intervention and for private storage.

F133...

Textual Amendments

F126Art. 62 heading substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

F127Words in Art. 62(1) substituted (31.12.2020) by The Agriculture (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/1402), regs. 1(3), 10; 2020 c. 1, Sch. 5 para. 1(1)

F128Words in Art. 62(2) substituted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

F129Words in Art. 62(2)(a) substituted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(ii)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

F130Words in Art. 62(2)(a) omitted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(ii)(bb) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

F131Art. 62(2)(d) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(4)(b)(iii)

F132Art. 62(2)(e)(f) omitted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

F133Words in Art. 62(2) omitted (31.12.2020) byThe Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 12(b)(iv) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(5)); 2020 c. 1, Sch. 5 para. 1(1)

Article 63U.K.Undue payments and administrative penalties

1.Where it is found that a beneficiary does not comply with the eligibility criteria, commitments or other obligations relating to the conditions for the granting of the aid or support, as provided for in the sectoral agricultural legislation, the aid shall not be paid or shall be withdrawn in full or in part [F134and, where relevant, the corresponding payment entitlements as referred to in Article 21 of Regulation (EU) No 1307/2013 shall not be allocated or shall be withdrawn].

[F135[F136Where the non-compliance concerns F137... rules on public procurement, the part of the aid not to be paid or to be withdrawn shall be determined on the basis of the gravity of the non-compliance and in accordance with the principle of proportionality. The legality and regularity of the transaction shall only be affected up to the level of the part of the aid not to be paid or to be withdrawn.]]

2.Moreover, where sectoral agricultural legislation so provides, [F138the relevant authority] shall also impose administrative penalties, in accordance with the rules laid down in [F139Article 64 and] Article 77. This shall be without prejudice to the provisions set out in Articles 91 to 101 of Title VI.

3.Without prejudice to Article 54(3), the amounts, including interest thereon, [F140and payment entitlements,] concerned by the withdrawal referred to in paragraph 1 and by the penalties referred to in paragraph 2 shall be recovered.

4.The [F141appropriate authority may make regulations] laying down the conditions for the partial or total withdrawal referred to in paragraph 1.

5.[F142The appropriate authority may make regulations] laying down detailed procedural and technical rules on:

(a)the application and calculation of the partial or total withdrawal referred to in paragraph 1;

(b)the recovery of undue payments and penalties as well as F143... the application of interest.

F144...

Textual Amendments

F134Words in Art. 63(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F135Words in Art. 63(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(5)(a)

F136Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F137Words in Art. 63(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F138Words in Art. 63(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(5)(b)(i); and words in Art. 63(2) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F139Words in Art. 63(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(5)(b)(ii)

F140Words in Art. 63(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(5)(c) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F141Words in Art. 63(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F142Words in Art. 63(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F143Words in Art. 63(5)(b) omitted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(b)(ia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 10(6)); 2020 c. 1, Sch. 5 para. 1(1)

F144Words in Art. 63(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 13(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 64U.K.Application of administrative penalties

1.As regards the administrative penalties referred to in Article 63(2), this Article shall apply in cases of non-compliance in relation to eligibility criteria, commitments or other obligations resulting from the application of sectoral agricultural legislation, with the exception of those referred to in Articles 67 to 78 of Chapter II of this Title and in Articles 91 to 101 of Title VI and of those subject to the penalties provided for in Article 89(3) and 89(4).

2.No administrative penalties shall be imposed:

(a)where the non-compliance is due to force majeure;

(b)where the non-compliance is due to obvious errors as referred to in Article 59(6);

(c)where the non-compliance is due to an error of the competent authority or another authority, and where the error could not reasonably have been detected by the person concerned by the administrative penalty;

(d)where the person concerned can demonstrate to the satisfaction of the competent authority that he or she is not at fault for the non-compliance with the obligations referred to in paragraph 1 or if the competent authority is otherwise satisfied that the person concerned is not at fault;

(e)where the non-compliance is of a minor nature, including where expressed in the form of a threshold, [F145set] in accordance with point (b) of paragraph 7;

(f)other cases in which the imposition of a penalty is not appropriate, [F146defined] in accordance with point (b) of paragraph 6.

3.Administrative penalties may be imposed on the beneficiary of the aid or support and on other natural or legal persons, including groups or associations of such beneficiaries or other persons, bound by the obligations laid down in the rules referred to in paragraph 1.

4.The administrative penalties may take one of the following forms:

(a)a reduction in the amount of aid or support to be paid in relation to the aid application or payment claim affected by the non-compliance or further applications; however as regards rural development support, this shall be without prejudice to the possibility of suspending the support where it can be expected that the non-compliance can be addressed by the beneficiary within a reasonable time;

(b)payment of an amount calculated on the basis of the quantity and/or the period concerned by the non-compliance;

(c)suspension or withdrawal of an approval, recognition or authorisation;

(d)exclusion from the right to participate in or benefit from the aid scheme or support measure or other measure concerned;

5.The administrative penalties shall be proportionate and graduated according to the severity, extent, duration and reoccurrence of the non-compliance found, and shall respect the following limits:

(a)the amount of the administrative penalty as referred to in point (a) of paragraph 4 shall not exceed 200 % of the amount of the aid application or payment claim;

(b)notwithstanding point (a), as regards rural development, the amount of the administrative penalty, as referred to in point (a) of paragraph 4, shall not exceed 100 % of the eligible amount;

(c)the amount of the administrative penalty, as referred to in point (b) of paragraph 4, shall not exceed an amount comparable to the percentage referred to in point (a) of this paragraph;

(d)the suspension, withdrawal or exclusion referred to in points (c) and (d) of paragraph 4 may be set at a maximum of three consecutive years which may be renewed in the case of any new non-compliance.

6.In order to take account of the deterrent effect of charges and penalties to be imposed on the one hand, and the special characteristics of each aid scheme or support measure covered by sectoral agricultural legislation on the other hand, the [F147appropriate authority may make regulations]:

(a)identifying, for each aid scheme or support measure and person concerned as referred to in paragraph 3, from the list set out in paragraph 4 and within the limits laid down in paragraph 5, the administrative penalty and determining the specific rate to be imposed F148... including in cases of non-quantifiable non-compliance;

(b)identifying the cases in which the administrative penalties are not to be imposed, as referred to in point (f) of paragraph 2.

7.[F149The appropriate authority may make regulations], laying down detailed procedural and technical rules for the uniform application of this Article on:

(a)the application and calculation of the administrative penalties;

(b)the detailed rules for identifying a non-compliance as minor, including the setting of a quantitative threshold expressed as a nominal value or a percentage of the eligible amount of aid or support, which as regards rural development support shall not be less than 3 % and which as regards all other aid or support shall not be less than 1 %;

F150(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151...

Textual Amendments

F145Word in Art. 64(2)(e) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F146Word in Art. 64(2)(f) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F147Words in Art. 64(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 14(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F148Words in Art. 64(6)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 14(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F149Words in Art. 64(7) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 14(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F150Art. 64(7)(c) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 14(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F151Words in Art. 64(7) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 14(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F152Article 65U.K.Suspension of payments to the Member States in specific cases covered by Regulation (EU) No 1308/2013

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152Art. 65 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 66U.K.Securities

1.The [F153relevant authority] shall, when the sectoral agricultural legislation so provides, request the lodging of a security giving the assurance that a sum of money will be paid or forfeited to a competent authority if a particular obligation under sectoral agricultural legislation is not fulfilled.

2.Except in cases of force majeure, the security shall be forfeited in whole or in part where the execution of a particular obligation is not carried out, or is carried out only partially.

3.The [F154appropriate authority may make regulations] laying down rules which ensure a non discriminatory treatment, equity and the respect of proportionality when lodging a security, and:

(a)specifying the responsible party in the event that an obligation is not met;

(b)laying down the specific situations in which the competent authority may waive the requirement of a security;

(c)laying down the conditions applying to the security to be lodged and the guarantor and the conditions for lodging and releasing that security;

(d)laying down the specific conditions related to the security lodged in connection with advance payments;

(e)setting out the consequences of breaching the obligations for which a security has been lodged, as provided for in paragraph 1, including the forfeiting of securities, the rate of reduction to be applied on release of securities for refunds, licences, offers, tenders or specific applications and when an obligation covered by that security has not been met either wholly or in part, taking into account the nature of the obligation, the quantity for which the obligation has been breached, the period exceeding the time limit by which the obligation should have been met and the time by which evidence that the obligation has been met is produced.

4.[F155The appropriate authority may make regulations] laying down rules on:

(a)the form of the security to be lodged and the procedure for lodging the security, for accepting it, and for replacing the original security;

(b)the procedures for the release of a security;

F156(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F157...

Textual Amendments

F153Words in Art. 66(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(8); 2020 c. 1, Sch. 5 para. 1(1)

F154Words in Art. 66(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 63(a); 2020 c. 1, Sch. 5 para. 1(1)

F155Words in Art. 66(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 63(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F156Art. 66(4)(c) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 63(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F157Words in Art. 66(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 63(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIU.K.Integrated Administration and Control System

Article 67E+S+N.I.Scope and terms used

1.[F158The relevant authority must] operate an integrated administration and control system (the 'integrated system').

[F1592.The integrated system shall apply F160... to the support granted in accordance with points (a) and (b) of Article 21(1) and Articles 28 to 31, 33, [F161and 34] of Regulation 1305/2013 and where applicable points (b) and (c) of Article 35(1) of Regulation (EU) 1303/2013.

This Chapter shall not, however, apply to measures referred to in Article 28(9) of Regulation (EU) No 1305/2013. Nor shall it apply to, measures under points (a) and (b) of Article 21(1) of that Regulation as far as the establishment cost is concerned.]

[F1592.The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No 1307/2013.]

3.To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI.

4.For the purpose of this Chapter:

(a)"agricultural parcel" means a continuous area of land, declared by one farmer, which does not cover more than one single crop group; however, [F162where a separate declaration of the use of an area within a crop group is required in the context of Regulation (EU) No 1307/2013, that specific use shall if necessary further limit the agricultural parcel; Member States may lay] [F162nothing in this Regulation prevents the relevant authority from laying] down additional criteria for further delimitation of an agricultural parcel;

[X1(b)[F163"area-related direct payment" means the basic payment scheme; F164... the redistributive payment referred to in [F165Chapter] 2 of Title III of Regulation (EU) No 1307/2013; the payment for agricultural practices beneficial for the climate and the environment referred to in Chapter 3 of Title III of Regulation (EU) No 1307/2013;F166...; the payment for young farmers referred to in Chapter 5 of Title III of Regulation (EU) No 1307/2013; the voluntary coupled support referred to in Chapter 1 of Title IV, where the support is paid per hectareF167... .]]

Editorial Information

X1Substituted by Corrigendum to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 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 (Official Journal of the European Union L 347 of 20 December 2013).

Extent Information

E1This version of this provision extends to Scotland only; separate versions have been created for England and Wales and Northern Ireland only

Textual Amendments

F158Words in Art. 67(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(a); and words in Art. 67(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F159Art. 67(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(b)

F160Words in Art. 67(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F161Words in Art. 67(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F162Words “nothing in this Regulation prevents the relevant authority from laying” in Art. 67(4)(a) substituted for “Member States may lay” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(i); and words “nothing in this Regulation prevents the relevant authority from laying” in Art. 67(4)(a) substituted for words from “where” to “Member States may lay” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(c)(i) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(ii)(aa)); 2020 c. 1, Sch. 5 para. 1(1)

F163Art. 67(4)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(c)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(ii)(bb)); 2020 c. 1, Sch. 5 para. 1(1)

F164Words in Art. 67(4)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(aa)

F165Word in Art. 67(4)(b) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(bb)

F166Words in Art. 67(4)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(cc)

F167Words in Art. 67(4)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(dd)

Article 67WScope and terms used

1.[F398The relevant authority must] operate an integrated administration and control system (the 'integrated system').

2.[F399The integrated system shall apply F400... to the support granted in accordance with points (a) and (b) of Article 21(1) and Articles 28 to 31, 33, [F401and 34] of Regulation 1305/2013 and where applicable points (b) and (c) of Article 35(1) of Regulation (EU) 1303/2013.

[F399The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No 1307/2013.]

3.To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI.

4.For the purpose of this Chapter:

(a)"agricultural parcel" means a continuous area of land [F402within Wales], declared by one farmer, which does not cover more than one single crop group; however, [F403where a separate declaration of the use of an area within a crop group is required in the context of Regulation (EU) No 1307/2013, that specific use shall if necessary further limit the agricultural parcel; Member States may lay][F403nothing in this Regulation prevents the relevant authority from laying] down additional criteria for further delimitation of an agricultural parcel;

[X3(b)[F404"area-related direct payment" means the basic payment scheme; F405... the redistributive payment referred to in [F406Chapter] 2 of Title III of Regulation (EU) No 1307/2013; F407...F408...; the payment for young farmers referred to in Chapter 5 of Title III of Regulation (EU) No 1307/2013; the voluntary coupled support referred to in Chapter 1 of Title IV, where the support is paid per hectareF409... .]]

Extent Information

E3This version of this provision extends to Wales only; separate versions have been created for England, Scotland and Northern Ireland only

Editorial Information

X3Substituted by Corrigendum to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 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 (Official Journal of the European Union L 347 of 20 December 2013).

Textual Amendments

F398Words in Art. 67(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(a); and words in Art. 67(1) substituted (31.12.2020 in s ofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F399Art. 67(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(b)

F400Words in Art. 67(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F401Words in Art. 67(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F402Words in Art. 67(4)(a) inserted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(7)(a)

F403Words “nothing in this Regulation prevents the relevant authority from laying” in Art. 67(4)(a) substituted for “Member States may lay” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(i); and words “nothing in this Regulation prevents the relevant authority from laying” in Art. 67(4)(a) substituted for words from “where” to “Member States may lay” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(c)(i) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(ii)(aa)); 2020 c. 1, Sch. 5 para. 1(1)

F404Art. 67(4)(b) omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(9)(c)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(b)(ii)(bb)); 2020 c. 1, Sch. 5 para. 1(1)

F405Words in Art. 67(4)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(aa)

F406Word in Art. 67(4)(b) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(bb)

F407Words in Art. 67(4)(b) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(7)(b)

F408Words in Art. 67(4)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(cc)

F409Words in Art. 67(4)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(6)(c)(ii)(dd)

Article 68U.K.Elements of the integrated system

1.The integrated system shall comprise the following elements:

(a)a computerised database;

(b)an identification system for agricultural parcels;

[F168(c)a system for the identification and registration of payment entitlements;]

(d)aid applications and payment claims;

(e)an integrated control system;

(f)a single system to record the identity of each beneficiary of the support referred to in Article 67(2) who submits an aid application or a payment claim.

2.Where applicable, the integrated system shall include a system, set up in accordance with Regulation (EC) No 1760/2000 of the European Parliament and of the Council(2) and Council Regulation (EC) No 21/2004(3) for the identification and registration of animals.

F1693.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1694.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F168Art. 68(1)(c) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(10)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F169Art. 68(3)(4) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(7); and Art. 68(3)(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(10)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(c) (with reg. 2))

Article 69U.K.Computerised database

1.The computerised database ("the database") shall record, for each beneficiary of the support referred to in Article 67(2), the data obtained from aid applications and payment claims.

The database shall, in particular, allow consultation through the competent authority of the [F170constituent nation], of the data relating to the current calendar and/or marketing years and to the previous ten such years. Where the support level of farmers is affected by the data relating to earlier calendar and/or marketing years, starting with 2000, the database shall also allow consultation of the data relating to those years. [F171The database shall allow direct and immediate access to the data relating to at least the previous four consecutive years and for data related to “permanent grassland and permanent pasture” as defined in point (h) of Article 4(1) of Regulation (EU) No 1307/2013, relating to at least the previous five consecutive calendar years].X2

F172...

[F173[F1742.A decentralised computerised database may be set up in each constituent nation on condition that these, and the administrative procedures for recording and accessing data must be designed to be homogenous throughout the United Kingdom and are compatible with one another to allow for cross checks.]]

Editorial Information

X2It is provided that the final sentence of Art. 69(1) is omitted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(8)(a)

Textual Amendments

F170Words in Art. 69(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(8)(a)(i)(aa); and words in Art. 69(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F171Words in Art. 69(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(8)(a)(i)(bb)

F172Words in Art. 69(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(8)(a)(ii); and words in Art. 69(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F173Art. 69(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(8)(b); and Art. 69(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F174Art. 69(2) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(8)(b)

Article 70U.K.Identification system for agricultural parcels

1.The identification system for agricultural parcels shall be established on the basis of maps, land registry documents or other cartographic references. Use shall be made of computerised geographical information system techniques, including aerial or spatial orthoimagery, with a homogenous standard that guarantees a level of accuracy that is at least equivalent to that of cartography at a scale of 1:10 000 [F175and, as from 2016, at a scale of 1:5 000,] while taking into account the outline and condition of the parcel. F176...

[F177Notwithstanding the first subparagraph, [F178the relevant authority] may continue to make use of such techniques including aerial or spatial orthoimagery, with a homogenous standard that guarantees a level of accuracy that is at least equivalent to that of cartography at a scale of 1:10 000 where they were acquired on the basis of long-term contracts that were agreed before November 2012.]

[F1792.[F180The relevant authority] shall ensure that the identification system for agricultural parcels contains a reference layer to accommodate ecological focus areas. That reference layer shall, in particular, cover the relevant specific commitments and/or environmental certification schemes referred to in Article 43(3) of Regulation (EU) No 1307/2013 that are equivalent to the practices in Article 46 of that Regulation before the application forms referred to in Article 72 of this Regulation for payments for agricultural practices beneficial for the climate and the environment referred to in Articles 43 to 46 of Regulation (EU) No 1307/2013 are provided in respect of claim year 2018 at the latest.]

Textual Amendments

F175Words in Art. 70(1) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(9)(a)(i)

F176Words in Art. 70(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(9)(a)(i); and words in Art. 70(1) omitted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(12)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F177Words in Art. 70(1) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(9)(a)(ii)

F178Words in Art. 70(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(9)(a)(ii); and words in Art. 70(1) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(12)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F179Art. 70(2) omitted (W.) (31.12.2020 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(9)(b); and Art. 70(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(12)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F180Words in Art. 70(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(9)(b)

[F181Article 71U.K.System for the identification and registration of payment entitlements

1.The system for the identification and registration of payment entitlements shall allow for verification of the entitlements and for cross-checks with the aid applications and the identification system for agricultural parcels.

[F1822.The system referred to in paragraph 1 shall allow direct and immediate consultation, through the competent authority of the [F183constituent nation], of the data relating to at least the previous four consecutive calendar years.]]

Textual Amendments

F181Art. 71 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(13) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(e)); 2020 c. 1, Sch. 5 para. 1(1)

F182Art. 71(2) omitted (W.) (31.12.2020 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(10)

F183Words in Art. 71(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(10)

Article 72U.K.Aid applications and payment claims

[F1841.Each year, a beneficiary of the support referred to in Article 67(2) shall submit F185... a payment claim for the relevant area and animal-related rural development measures respectively indicating, where applicable:

(a)all the agricultural parcels on the holding, as well as the non-agricultural area for which support referred to in Article 67(2) is claimed;

F186(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any other information provided for in this Regulation or required with a view to the implementation of the relevant sectoral agricultural legislation or by the [F187relevant authority] concerned.

As regards the area-related direct payment, [F188the minimum size shall be the size set in the legislation applying in the constituent nation and shall not exceed 0.3 ha].]

[F1841.Each year, a beneficiary of direct payment support must submit an application, indicating, where applicable:

(a)all the agricultural parcels on the holding, as well as the non-agricultural area for which support referred to in Article 67(2) is claimed;

(b)the payment entitlements declared for activation;

(c)any other information provided for in this Regulation or the relevant sectoral agricultural legislation or by the relevant authority concerned.

The relevant authority must determine the minimum size of agricultural parcels in respect of which an application may be made. However, the minimum size shall not exceed [F1890.3 ha].]

[F942.By way of derogation from point (a) of paragraph 1 of this Article, [F190the relevant authority] may decide that:

(a)agricultural parcels of an area of up to 0,1 ha on which an application for payment is not made do not need to be declared, provided that the sum of such parcels does not exceed 1 ha [F191, and/or may decide that a farmer who does not apply for any area-based direct payment does not have to declare his agricultural parcels in the case where the total area does not exceed 1 ha.] In all cases, the farmer shall indicate in his application that he has agricultural parcels at his disposal and, at the request of the competent authorities, shall indicate their location;

F192(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

3.[F193The relevant authority] shall provide, inter alia through electronic means, pre-established forms based on the areas determined in the previous year as well as graphic material indicating the location of those areas.

[F194The relevant authority] may decide that the aid application and the payment claim:

(a)are valid if the beneficiary confirms the absence of changes with respect to the aid application and the payment claim submitted the previous year,

(b)need to contain only changes with respect to the aid application and the payment claim submitted for the previous year.

F195...

4.[F196The relevant authority] may decide that a single application shall cover a number of or all support schemes and measures referred to in Article 67 or other support schemes and measures.

5.[F197By way of derogation from Council Regulation (EEC, Euratom) No 1182/71, the][F197The] calculation of the date for the submission or the amendment of an aid application, of a payment claim or of any supporting documents, contracts or declarations under this Chapter shall be adapted to the specific requirements of the integrated system. The [F198appropriate authority may make regulations] concerning rules applicable to periods, dates and time limits where the final date for submission of applications or amendments is a public holiday, a Saturday or a Sunday.

Textual Amendments

F184Art. 72(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(a)

F185Words in Art. 72(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(a)(zi) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(f)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F186Art. 72(1)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(a)(zai) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(f)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F187Words in Art. 72(1)(c) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F188Words in Art. 72(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F189Words in Art. 72(1) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(4)

F190Words in Art. 72(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(b)(i); and words in Art. 72(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F191Words in Art. 72(2)(a) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(b)(ia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(f)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F192Art. 72(2)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(b)(ii); and Art. 72(2)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F193Words in Art. 72(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(c)(i); and words in Art. 72(3) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F194Words in Art. 72(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(c)(ii); and words in Art. 72(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F195Words in Art. 72(3) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(c)(iii); and words in Art. 72(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F196Words in Art. 72(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(d); and words in Art. 72(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(14)(d); 2020 c. 1, Sch. 5 para. 1(1)

F197Word in Art. 72(5) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(11)(e)(i)

F198Words in Art. 72(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 15; 2020 c. 1, Sch. 5 para. 1(1)

Article 73U.K.System for the identification of beneficiaries

The single system for recording the identity of each beneficiary of the support as referred to in Article 67(2) shall guarantee that all aid applications and payment claims submitted by the same beneficiary can be identified as such.

Article 74U.K.Verification of eligibility conditions and reductions

1.In accordance with Article 59, [F199the relevant authority], through the paying agencies or the bodies delegated by [F200the relevant authority], shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks.

2.For the purpose of on-the-spot checks [F201the relevant authority] shall draw up a sampling plan of agricultural holdings and/or beneficiaries.

3.[F202The relevant authority] may use remote sensing and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels.

4.In the case of non -compliance with the eligibility conditions Article 63 shall apply.

Textual Amendments

F199Words in Art. 74(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(12)(a)(i); and words in Art. 74(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(15)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F200Words in Art. 74(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(12)(a)(ii); and words in Art. 74(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(15)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F201Words in Art. 74(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(12)(b); and words in Art. 74(2) substituted (31.12.2020 in so far as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F202Words in Art. 74(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(12)(c); and words in Art. 74(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 75E+S+N.I.Payment to beneficiaries

1.The payments under the support schemes and the measures referred to in Article 67(2) shall be made within the period from 1 December to 30 June of the following calendar year.

Payments shall be made in a maximum of two instalments within that period.

[F94Notwithstanding the first and second subparagraphs of this paragraph, [F203the relevant authority] may:

[F204(a)prior to 1 December but not before 16 October, pay advances F205... for direct payments;]

(b)prior to 1 December, pay advances of up to 75 % for the support granted under rural development as referred to in Article 67(2).

With regard to support granted under rural development, as referred to in Article 67(2), the first and second subparagraphs of this paragraph shall apply in respect of the aid applications or payment claims submitted from claim year 2019.]

2.Payments referred to in the paragraph 1 shall not be made before the verification of eligibility conditions, to be carried out by the [F206relevant authority] pursuant to Article 74, has been finalised.

By way of derogation from the first subparagraph, advances for support granted under rural development as referred to in Article 67(2) may be paid after the administrative checks pursuant to Article 59(1) have been finalised.

3.In the event of an emergency, the [F207appropriate authority may make regulations] which are both necessary and justifiable, in order to resolve specific problems in relation to the application of this Article. Such [F208regulations] may derogate from paragraphs 1 and 2, but only to the extent that, and for such a period, as is strictly necessary.

F209...

Extent Information

E2This version of this provision applies to England and Norhern Ireland only; separate versions have been created for Wales and Scotland

Textual Amendments

F203Words in Art. 75(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(13)(a)(i); and words in Art. 75(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F204Art. 75(1)(a) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F205Words in Art. 75(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(13)(a)(ii)

F206Words in Art. 75(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(13)(b); and words in Art. 75(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F207Words in Art. 75(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 16(a); 2020 c. 1, Sch. 5 para. 1(1)

F208Word in Art. 75(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 16(b); 2020 c. 1, Sch. 5 para. 1(1)

F209Words in Art. 75(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 16(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 75WPayment to beneficiaries

1.The payments under the support schemes and the measures referred to in Article 67(2) shall be made within the period from 1 December to 30 June of the following calendar year [F410or in cases where it has not been possible to complete the verification of eligibility conditions by 30 June, upon completion.]

Payments shall be made in a maximum of two instalments within that period.

[F411Notwithstanding the first and second subparagraphs of this paragraph, [F412the relevant authority] may:

[F413(a)prior to 1 December F414..., pay advances F415... for direct payments [F416before the verification of eligibility conditions, to be carried out by the relevant authority pursuant to Article 74, has been finalised];]

(b)prior to 1 December, pay advances of up to 75 % for the support granted under rural development as referred to in Article 67(2).

2.Payments referred to in the paragraph 1 [F417(excluding advances for direct payments under paragraph 1(a))] shall not be made before the verification of eligibility conditions, to be carried out by the [F418relevant authority] pursuant to Article 74, has been finalised.

3.In the event of an emergency, the [F419appropriate authority may make regulations] which are both necessary and justifiable, in order to resolve specific problems in relation to the application of this Article. Such [F420regulations] may derogate from paragraphs 1 and 2, but only to the extent that, and for such a period, as is strictly necessary.

F421...

Extent Information

E4This version of this provision applies to Wales only; separate versions have been created for England, Scotland, and Northern Ireland

Textual Amendments

F410Words in Art. 75(1) inserted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(11)(a)

F411Substituted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.

F412Words in Art. 75(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(13)(a)(i); and words in Art. 75(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F413Art. 75(1)(a) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(g)); 2020 c. 1, Sch. 5 para. 1(1)

F414Words in Art. 75(1)(a) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(11)(b)(i)

F415Words in Art. 75(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(13)(a)(ii)

F416Words in Art. 75(1)(a) inserted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(11)(b)(ii)

F417Words in Art. 75(2) inserted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(11)(c)

F418Words in Art. 75(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(13)(b); and words in Art. 75(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F419Words in Art. 75(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 16(a); 2020 c. 1, Sch. 5 para. 1(1)

F420Word in Art. 75(3) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 16(b); 2020 c. 1, Sch. 5 para. 1(1)

F421Words in Art. 75(3) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 16(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 76U.K.Delegated powers

1.In order to ensure that the integrated system provided for in this Chapter is implemented in an efficient, coherent and non-discriminatory way which [F210ensures proper management of public money], the [F211appropriate authority may make regulations] concerning:

(a)specific definitions needed to ensure a harmonised implementation of the integrated system F212...;

(b)with regards to Articles 67 to 75, rules on further measures necessary to ensure the compliance with control requirements laid down in this Regulation or in sectoral agricultural legislation to be taken F213... in respect of producers, services, bodies, organisations or other operators, such as slaughterhouses or associations involved in the procedure for the granting of the aid, where this Regulation does not provide for relevant administrative penalties; such measures shall as far as possible, follow, mutatis mutandis, the provisions on penalties set out in paragraphs (1) to (5) of Article 77.

2.In order to ensure a correct distribution of the funds resulting from the aid applications provided for in Article 72 to the entitled beneficiaries and to allow for verification of the fulfilment by them of the obligations related thereto, the [F214appropriate authority may make regulations] concerning:

(a)the basic features, technical rules, including, for the update of reference parcels, appropriate tolerance margins taking into account the outline and condition of the parcel, and including rules on the inclusion of landscape features located adjacent to a parcel, and quality requirements for the identification system for agricultural parcels provided for in Article 70 and for the identification of the beneficiaries as provided for in Article 73;

F215(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the rules to establish the definition of the basis for the calculation of aid, including rules on how to deal with certain cases in which eligible areas contain landscape features or trees; [F216such rules may allow, in relation to areas under permanent grassland, for scattered landscape features and trees, the total area of which does not exceed a specified percentage of the reference parcel, to be part of the eligible area automatically] without a requirement to map them for that purpose.

Textual Amendments

F210Words in Art. 76(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 17(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F211Words in Art. 76(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 17(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F212Words in Art. 76(1)(a) omitted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 17(a)(iia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 10(7)(a)); 2020 c. 1, Sch. 5 para. 1(1); note that Art 76(1)(a) was previously substituted with a similar effect (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(14)(a)(iii)

F213Words in Art. 76(1)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 17(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F214Words in Art. 76(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 17(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F215Art. 76(2)(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 17(b)(ia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 10(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F216Words in Art. 76(2)(c) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 17(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 77U.K.Application of administrative penalties

1.As regards the administrative penalties referred to in Article 63(2), this Article shall apply in the case of non-compliance with relation to eligibility criteria, commitments or other obligations resulting from the application of the rules on support referred to in Article 67(2).

2.No administrative penalty shall be imposed:

(a)where the non-compliance is due to force majeure;

(b)where the non-compliance is due to obvious errors as referred to in Article 59(6);

(e)where the non-compliance is of a minor nature, including where expressed in the form of a threshold, [F217set] in accordance with point (b) of paragraph 7;

(f)other cases in which the imposition of a penalty is not appropriate, [F218as defined] in accordance with point (b) of paragraph 7.

3.Administrative penalties may be imposed on the beneficiary of the aid or support, including groups or associations thereof, bound by the obligations laid down in the rules referred to in paragraph 1.

4.The administrative penalties may take the following forms:

(a)a reduction in the amount of aid or support paid or to be paid in relation to the aid applications or payment claims affected by the non-compliance and/or in relation to aid applications or payment claims for previous or subsequent years;

(b)payment of an amount calculated on the basis of the quantity and/or the period concerned by the non-compliance;

(c)exclusion from the right to participate in the aid scheme or support measure concerned.

5.The administrative penalties shall be proportionate and graduated according to the severity, extent, duration and reoccurrence of the non-compliance found and shall respect the following limits:

(a)the amount of the administrative penalty for a given year, as referred to in point (a) of paragraph 4, shall not exceed 100 % of the amounts of the aid applications or payment claims;

(b)the amount of the administrative penalty for a given year, as referred to in point (b) of paragraph 4, shall not exceed 100 % of the amount of the aid applications or payment claims to which the penalty is applied;

(c)the exclusion referred to in point (c) of paragraph 4 may be set at a maximum of three consecutive years, which may apply again in the case of any new non-compliance.

[F2196.Notwithstanding paragraphs 4 and 5, as regards the payment referred to in Chapter 3 of Title III of Regulation (EU) No 1307/2013, administrative penalties shall take the form of a reduction in the amount of payments made or to be made under that Regulation.

The administrative penalties referred to in this paragraph shall be proportionate and graduated according to the severity, extent, duration and reoccurrence of the non-compliance concerned.

[F220The amount of such administrative penalties for a given year shall not exceed 25% of the amount of the payment referred to in Chapter 3 of Title III of Regulation (EU) No 1307/2013 to which the farmer concerned would be entitled if the farmer met the conditions for that payment.]]

7.In order to take account of the deterrent effect of penalties to be imposed on the one hand, and the specific characteristics of each aid scheme or support measure referred to in Article 67(2) on the other, the [F221appropriate authority may make regulations]:

(a)identifying, for each aid scheme or support measure and person concerned as referred to in paragraph 3 from the list set out in paragraph 4 and within the limits laid down in [F222paragraph 5], the administrative penalty and determining the specific rate to be imposed F223..., including in cases of non-quantifiable non-compliance;

(b)identifying, the cases in which the administrative penalties are not to be imposed, as referred to in point (f) of paragraph 2.

8.[F224The appropriate authority may make regulations], laying down detailed procedural and technical rules for the uniform application of this Article on:

(a)rules on the application and calculation of the administrative penalties;

F225...

Textual Amendments

F217Word in Art. 77(2)(e) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(15)(a)(i); and word in Art. 77(2)(e) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(17)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(h) (with reg. 2))

F218Words in Art. 77(2)(f) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(15)(a)(ii); and words in Art. 77(2)(f) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(17)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(h) (with reg. 2))

F219Art. 77(6) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(12); and Art. 77(6) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(17)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(h)); 2020 c. 1, Sch. 5 para. 1(1)

F220Words in Art. 77(6) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 7(15)(b)

F221Words in Art. 77(7) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 18(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F222Words in Art. 77(7) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 18(a)(ia) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 10(8)); 2020 c. 1, Sch. 5 para. 1(1)

F223Words in Art. 77(7) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 18(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F224Words in Art. 77(8) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 18(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F225Words in Art. 77(8) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 18(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 78U.K.Implementing powers

[F226The appropriate authority may make regulations] laying down the following:

(a)

the basic features, technical rules and quality requirements for the computerised database provided for in Article 69;

(b)

rules on the aid applications and payments claims provided for in Article 72, F227... including the final date for submission of applications, the requirements as to the minimum amount of information to be included in applications, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit aid applications and provisions which allow [F228for the application of simplified procedures or correction of obvious errors];

(c)

rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim, including rules on measurement tolerances for on-the-spot checks;

(d)

technical specifications needed for the purpose of the uniform implementation of this Chapter;

(e)

rules on situations of transfer of holdings accompanied by the transfer of any obligation concerning eligibility in respect of the aid in question which still needs to be fulfilled;

(f)

rules on the payment of the advances referred to in Article 75.

F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F226Words in Art. 78 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 19(a); 2020 c. 1, Sch. 5 para. 1(1)

F227Words in Art. 78(b) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 19(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(9)); 2020 c. 1, Sch. 5 para. 1(1)

F228Words in Art. 78(b) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 19(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 10(9)); 2020 c. 1, Sch. 5 para. 1(1)

F229Words in Art. 78 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 19(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIIU.K.Scrutiny of transactions

Article 79U.K.Scope and definitions

1.This Chapter lays down specific rules on the scrutiny of the commercial documents of those entities receiving or making payments relating directly or indirectly to the system of financing [F230of CMO support], or their representatives ('undertakings') in order to ascertain whether transactions forming part of the system of financing [F230of CMO support] have actually been carried out and have been executed correctly.

2.This Chapter shall not apply to measures covered by the integrated system referred to in Chapter II of this Title. In order to respond to changes in sectoral agricultural legislation and to ensure the efficiency of the system of ex-post controls established by this Chapter, the [F231appropriate authority may make regulations] establishing a list of measures which, due to their design and control requirements, are unsuited for additional ex-post controls by way of scrutiny of commercial documents and, therefore, are not to be subject to such scrutiny under this Chapter.

3.For the purposes of this Chapter the following definitions shall apply:

(a)"commercial document" means all books, registers, vouchers and supporting documents, accounts, production and quality records, and correspondence relating to the undertaking's business activity, as well as commercial data, in whatever form they may take, including electronically stored data, in so far as these documents or data relate directly or indirectly to the transactions referred to in paragraph 1;

(b)"third party" means any natural or legal person directly or indirectly connected with transactions carried out within the [F232system of financing of CMO support].

Textual Amendments

F230Words in Art. 79(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(18)(a); 2020 c. 1, Sch. 5 para. 1(1)

F231Words in Art. 79(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 20; 2020 c. 1, Sch. 5 para. 1(1)

F232Words in Art. 79(3)(b) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(18)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 80U.K.Scrutiny by Member States

1.[F233The relevant authority] shall carry out systematic scrutiny of the commercial documents of undertakings taking account of the nature of the transactions to be scrutinised. [F233The relevant authority] shall ensure that the selection of undertakings for scrutiny gives the best possible assurance of the effectiveness of the measures for preventing and detecting irregularities. The selection shall take account, inter alia, of the financial importance of the undertakings in that system and of other risk factors.

2.In appropriate cases, the scrutiny provided for in paragraph 1 shall be extended to natural and legal persons with whom undertakings are associated and to such other natural or legal persons as may be relevant for the pursuit of the objectives set out in Article 81.

F2343.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233Words in Art. 80(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F234Art. 80(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 81U.K.Objectives of the scrutiny

1.The accuracy of primary data under scrutiny shall be verified by a number of cross-checks, including, where necessary, the commercial documents of third parties, appropriate to the degree of risk presented, including:

(a)comparisons with the commercial documents of suppliers, customers, carriers and other third parties;

(b)physical checks, where appropriate, upon the quantity and nature of stocks;

(c)comparison with the records of financial flows leading to or consequent upon the transactions carried out within the [F235system of financing of CMO support]; and

(d)checks, in relation to bookkeeping, or records of financial movements showing, at the time of the scrutiny, that the documents held by the paying agency by way of justification for the payment of aid to the beneficiary are accurate.

2.In particular, where undertakings are required to keep particular book records of stock in accordance with [F236the law applying in the constituent nation], scrutiny of those records shall, in appropriate cases, include a comparison with the commercial documents and, where appropriate, with the actual quantities in stock.

3.In the selection of transactions to be checked, full account shall be taken of the degree of risk presented.

Textual Amendments

F235Words in Art. 81(1)(c) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(20)(a); 2020 c. 1, Sch. 5 para. 1(1)

F236Words in Art. 81(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(20)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 82U.K.Access to commercial documents

1.The persons responsible for the undertaking, or a third party, shall ensure that all commercial documents and additional information are supplied to the officials responsible for the scrutiny or to the persons authorised to carry it out on their behalf. Electronically stored data shall be provided on an appropriate data support medium.

2.The officials responsible for the scrutiny or the persons authorised to carry it out on their behalf may require that extracts or copies of the documents referred to in paragraph 1 be supplied to them.

3.Where, during scrutiny carried out pursuant to this Chapter, the commercial documents maintained by the undertaking are considered inadequate for scrutiny purposes, the undertaking shall be directed to maintain in future such records as are required by the [F237relevant authority] responsible for the scrutiny, without prejudice to obligations laid down in other Regulations relating to the sector concerned.

[F238The relevant authority] shall determine the date from which such records are to be established.

Where some or all of the commercial documents required to be scrutinised pursuant to this Chapter are located with an undertaking in the same commercial group, partnership or association of undertakings managed on a unified basis as the undertaking scrutinised, whether located inside or outside the [F239United Kingdom], the undertaking shall make those commercial documents available to officials responsible for the scrutiny, at a place and time to be determined by the [F240relevant authority] responsible for carrying out the scrutiny.

4.[F241The relevant authority] shall ensure that officials responsible for scrutiny are entitled to seize commercial documents, or have them seized. This right shall be exercised with due regard to the [F242law applying in the constituent nation] and shall be without prejudice to the application of rules governing proceedings in criminal matters concerning the seizure of documents.

Textual Amendments

F237Words in Art. 82(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(21)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F238Words in Art. 82(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(21)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F239Words in Art. 82(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(21)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F240Words in Art. 82(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(21)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F241Words in Art. 82(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(21)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F242Words in Art. 82(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(21)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F243Article 83U.K.Mutual assistance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F243Art. 83 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(22); 2020 c. 1, Sch. 5 para. 1(1)

Article 84U.K.Programming

1.[F244The relevant authority] shall draw up programmes for scrutiny to be carried out pursuant to Article 80 during the subsequent scrutiny period.

2.Each year, before 15 April, [F245the relevant authority] shall send the [F246relevant accounting officer] their programme as referred to in paragraph 1 and shall specify:

(a)the number of undertakings to be scrutinised and their breakdown by sector on the basis of the amounts relating to them;

(b)the criteria adopted for drawing up the programme.

3.The programmes established by the [F247relevant authority] and forwarded to the [F248relevant accounting officer] shall be implemented by the [F247relevant authority], if, within eight weeks, the [F248relevant accounting officer] has not made known its comments.

4.Paragraph 3 shall apply mutatis mutandis to the amendments to the programme made by the [F249relevant authority].

5.At any stage, the [F250relevant accounting officer] may request the inclusion of a particular category of undertaking in the programme of [F251the relevant authority].

6.Undertakings for which the sum of the receipts or payments amounted to less than EUR 40 000 shall be scrutinised in accordance with this Chapter only for specific reasons to be indicated by the [F252relevant authority in its] annual programme referred to in paragraph 1 or by the [F253relevant accounting officer] in any proposed amendment to that programme. [F254In order to take account of economic developments, the appropriate authority may make regulations modifying the threshold. Such regulations may specify the threshold in Sterling.]

Textual Amendments

F244Words in Art. 84(1) substituted (31.12.2020 iin so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

F245Words in Art. 84(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F246Words in Art. 84(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F247Words in Art. 84(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F248Words in Art. 84(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F249Words in Art. 84(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(d); 2020 c. 1, Sch. 5 para. 1(1)

F250Words in Art. 84(5) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F251Words in Art. 84(5) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(23)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F252Words in Art. 84(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 21(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F253Words in Art. 84(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 21(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F254Words in Art. 84(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 21(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 85U.K.Special departments

1.[F255A] special department shall be responsible for monitoring the application of this Chapter [F256in each constituent nation. Where the relevant authority so decides, instead of establishing a special department, it may allow the functions of the special department to be carried out by a special department established in a different constituent nation]. [F257The special department] shall, in particular, be responsible for:

(a)the performance of the scrutiny provided for in this Chapter by officials employed directly by that special department; or

(b)the coordination and general surveillance of the scrutiny carried out by officials belonging to other departments.

[F258Scrutiny to be carried out pursuant to this Chapter may be allocated between the special department and other departments, provided that the special department is responsible for its coordination.]

2.The department or departments responsible for the application of this Chapter shall be organised in such a way as to be independent of the departments or branches of departments responsible for the payments and the scrutiny checks carried out prior to payment.

3.In order to ensure that this Chapter is properly applied, the special department referred to in paragraph 1 shall take all the measures necessary, and it shall be entrusted F259... with all the powers necessary, to perform the tasks referred to in this Chapter.

F2604.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255Word in Art. 85(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(24)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F256Words in Art. 85(1) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(24)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F257Words in Art. 85(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(24)(a)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F258Words in Art. 85(1) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(24)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F259Words in Art. 85(3) omitted (31.12.2020 in so far as it to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(24)(b); 2020 c. 1, Sch. 5 para. 1(1)

F260Art. 85(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(24)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 86U.K.Reports

1.Before 1 January, following the scrutiny period, [F261the relevant authority] shall send the [F262relevant accounting officer] a detailed report on the application of this Chapter.

F2632.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F261Words in Art. 86(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(25)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F262Words in Art. 86(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(25)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F263Art. 86(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(25)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F264Article 87U.K.Access to information and scrutiny by the Commission

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F264Art. 87 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(26); 2020 c. 1, Sch. 5 para. 1(1)

[F265Article 88U.K.Power to make regulations

The appropriate authority may make regulations laying down rules for the uniform application of this Chapter and in particular relating to:

(a)the performance of the scrutiny referred to in Article 80 as regards the selection of undertakings, rate and the calendar for the scrutiny;

(b)the conservation of commercial documents and the types of documents to maintain or data to record;

(c)the responsibilities of the special department referred to in Article 85;

(d)the content of reports referred to in Article 86.]

Textual Amendments

F265Art. 88 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 22; 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IVU.K.Other provisions on checks and penalties

Article 89U.K.Other checks and penalties related to marketing rules

1.[F266The relevant authority] shall take measures to ensure that the products referred to in Article 119(1) of Regulation (EU) No 1308/2013 which are not labelled in conformity with the provisions of that Regulation are not placed on, or are withdrawn from, the market.

[F267In this paragraph and in paragraph 4, ‘relevant authority’ means:

(a)in England, the Secretary of State;

(b)in Wales, the Welsh Ministers;

(c)in Scotland, the Scottish Ministers.]

2.Without prejudice to any specific provisions [F268in retained direct EU legislation], imports into the [F269United Kingdom] of the products specified in points (a) and (b) of paragraph 1 of Article 189 of Regulation (EU) No 1308/2013 shall be subject to checks to determine whether the conditions provided for in paragraph 1 of that Article are met.

[X13.[F270The relevant authority] shall carry out checks, based on a risk analysis, in order to verify whether products referred to in Annex I to Regulation (EU) No 1308/2013 conform to the rules laid down in Section I of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 and shall apply administrative penalties as appropriate.]

4.[F271Without prejudice to provisions regarding the wine sector made under, or adopted on the basis of, Article 64, in the event of infringement of rules in the wine sector, the relevant authority shall apply penalties in accordance with the law applying in the constituent nation.] Such penalties shall not apply in the cases set out in points (a) to (d) of Article 64(2) and where the non-compliance is of a minor nature.

5.In order to protect F272... the identity, provenance and quality of [F273wine originating in Great Britain], the [F274Secretary of State may make regulations] relating to:

(a)the establishment of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by [F275the relevant authority];

(b)rules on control bodies and the mutual assistance between them;

[F276(c)rules on the use of findings].

6.The [F277Secretary of State may make regulations] laying down all measures necessary for:

(a)the procedures relating to F278... the analytical databank of isotopic data that will help detect fraud;

(b)the procedures relating to cooperation and assistance between control authorities and bodies;

(c)as regards the obligation referred to in paragraph 3, rules for performing the checks of compliance with marketing standards, rules on the authorities responsible for performing the checks, as well as on the content, the frequency and the marketing stage to which those checks are to apply.

F279...

[F2807.The Secretary of State may not make regulations under paragraph 5 or 6 without the consent of the relevant authorities for Wales and Scotland.

8.Where the relevant authority for Wales or Scotland requests that the Secretary of State makes regulations under paragraph 5 or 6, the Secretary of State must have regard to that request.]

Editorial Information

Textual Amendments

F266Words in Art. 89(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(27)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F267Words in Art. 89(1) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(27)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F268Words in Art. 89(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(27)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F269Words in Art. 89(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(27)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F270Words in Art. 89(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(27)(c); 2020 c. 1, Sch. 5 para. 1(1)

F271Words in Art. 89(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(27)(d); 2020 c. 1, Sch. 5 para. 1(1)

F272Words in Art. 89(5) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F273Words in Art. 89(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(a)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 12(12)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F274Words in Art. 89(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F275Words in Art. 89(5)(a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F276Art. 89(5)(c) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F277Words in Art. 89(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F278Words in Art. 89(6)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F279Words in Art. 89(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F280Art. 89(7)(8) inserted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(4)(a), 64(c) (as amended by S.I. 2020/1453, regs. 1(2)(b), 12(12)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 90U.K.Checks related to designation of origin and geographical indications and protected traditional terms

1.[F281The relevant authority] shall take the necessary steps to stop unlawful use of protected designations of origin, protected geographical indication and protected traditional terms referred to in Regulation (EU) No 1308/2013.

2.[F282The relevant authority] shall designate the competent authority responsible for carrying out the checks in respect of the obligations laid down in Section II of Chapter I of Title II of Part 2 of Regulation (EU) No 1308/2013 in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council(4) and shall ensure that any operator complying with those obligations is entitled to be covered by a system of checks.

[F283In this Article, ‘relevant authority’ means:

(a)in England, the Secretary of State;

(b)in Wales, the Welsh Ministers;

(c)in Scotland, the Scottish Ministers.]

3.Within [F284Great Britain], annual verification of compliance with the product specification, during the production and during or after conditioning of the wine shall be ensured by the competent authority referred to in paragraph 2 or by one or more control bodies within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the criteria laid down in Article 5 of that Regulation.

4.The [F285Secretary of State may make regulations] concerning the following:

F286(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)rules on the authority responsible for the verification of compliance with the product specification, including where the geographical area is in a third country;

(c)the actions to be implemented F287... to prevent the unlawful use of protected designations of origin, protected geographical indications and protected traditional terms;

(d)the checks and verification to be carried out F288..., including testing.

F289...

Textual Amendments

F281Words in Art. 90 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(a) (as inserted by S.I. 2019/812, regs. 1, 3(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F282Words in Art. 90 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(aa) (as inserted by S.I. 2019/812, regs. 1, 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F283Words in Art. 90(2) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(ab) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(j)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F284Words in Art. 90(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 7(28)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(7)(j)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F285Words in Art. 90(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(a); 2020 c. 1, Sch. 5 para. 1(1)

F286Art. 90(4)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(b); 2020 c. 1, Sch. 5 para. 1(1)

F287Words in Art. 90(4)(c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(c); 2020 c. 1, Sch. 5 para. 1(1)

F288Words in Art. 90(4)(d) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(c); 2020 c. 1, Sch. 5 para. 1(1)

F289Words in Art. 90(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 58(d); 2020 c. 1, Sch. 5 para. 1(1)

TITLE VIU.K.CROSS-COMPLIANCE

CHAPTER IU.K.Scope

Article 91U.K.General principle

1.Where a beneficiary referred to in Article 92 does not comply with the rules on cross-compliance as laid down in Article 93, an administrative penalty shall be imposed on that beneficiary.

2.The administrative penalty referred to in paragraph 1 shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one, or both, of the following additional conditions are met:

(a)the non-compliance is related to the agricultural activity of the beneficiary;

(b)the area of the holding of the beneficiary is concerned.

[F290With regard to forest areas, however, this penalty shall not apply in so far as no support is claimed for the area concerned in accordance with point (a) of Article 21(1), and Articles 30 and 34 of Regulation (EU) No 1305/2013.]

3.For the purpose of this Title the following definitions shall apply:

(a)'holding' means all the production units and areas managed by the beneficiary referred to in Article 92 situated within [F291the [F292United Kingdom]][F291Wales];

(b)"requirement" means each individual statutory management requirement F293... referred to in Annex II within a given act, differing in substance from any other requirements of the same act.

Textual Amendments

F290Words in Art. 91(2) omitted (W.) (31.12.2020 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(13)(a)

F291Word in Art. 91(3)(a) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(13)(b)

F292Words in Art. 91(3)(a) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(1)(a); and words in Art. 91(3)(a) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(1)(a); 2020 c. 1, Sch. 5 para. 1(1)

F293Words in Art. 91(3)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(1)(b); and words in Art. 91(3)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(1)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 92U.K.Beneficiaries concerned

[F294Article 91 shall apply to beneficiaries receiving F295... the annual premia under points (a) and (b) of Article 21(1), Articles 28 to 31, 33 and 34 of Regulation (EU) No 1305/2013.

[F296However, Article 91 shall not apply to the support referred to in Article 28(9) of Regulation (EU) No 1305/2013.]]

[F294Article 91 shall apply to beneficiaries receiving direct payment support.]

Textual Amendments

F294Art. 92 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(2)

F295Words in Art. 92 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(2)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F296Words in Art. 92 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(2)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 93U.K.Rules on cross-compliance

1.The rules on cross-compliance shall consist of the statutory management requirements F297... and the standards for good agricultural and environmental condition of land established [F298in the constituent nation] as listed in Annex II, relating to the following areas:

(a)environment, climate change and good agricultural condition of land;

(b)public, animal and plant health;

(c)animal welfare.

2.The legal acts referred to in Annex II concerning the statutory management requirements shall apply in the version in force and, in the case of Directives, as implemented [F299in the constituent nation].

F3003.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3004.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3005.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F297Words in Art. 93(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(3)(a)(i); and words in Art. 93(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F298Words in Art. 93(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(3)(a)(ii); and words in Art. 93(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F299Words in Art. 93(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(3)(b); and words in Art. 93(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F300Art. 93(3)-(5) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 94U.K.Obligations [F301of Member States] relating to good agricultural and environmental condition

[F302The relevant authority] shall ensure that all agricultural area, including land which is no longer used for production purposes, is maintained in good agricultural and environmental condition. [F303The minimum standards for beneficiaries for good agricultural and environmental conditions of land are as set out in the legislation applying in the constituent nation.]

[F304The relevant authority] shall not define minimum requirements which are not established in Annex II.

Textual Amendments

F301Words in Art. 94 heading omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(14); and words in Art. 94 heading omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(za) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F302Words in Art. 94 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(4)(a)(i); and words in Art. 94 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F303Words in Art. 94 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(4)(a)(ii); and words in Art. 94 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F304Words in Art. 94 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(4)(b); and words in Art. 94 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 95U.K.Information to beneficiaries

[F305The relevant authority] shall provide the beneficiaries concerned, where appropriate by the use of electronic means, with the list of the requirements and standards to be applied at farm level, as well as clear and precise information thereon.

Textual Amendments

F305Words in Art. 95 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(5); and words in Art. 95 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(5); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIU.K.Control system and administrative penalties in relation to cross-compliance

Article 96U.K.Checks of cross-compliance

1.[F306The relevant authority] shall make use, where appropriate, of the integrated system laid down in Chapter II of Title V and in particular of points (a), (b), (d), (e) and (f) of Article 68(1).

[F306The relevant authority] may make use of their existing administration and control systems to ensure compliance with the rules on cross-compliance.

Those systems, and notably the system for the identification and registration of animals set up [F307in the constituent nation] in accordance with Council Directive 2008/71/EC(5) and Regulations (EC) No 1760/2000 and (EC) No 21/2004, shall be compatible with the integrated system referred to in Chapter II of Title V of this Regulation.

2.Depending on the requirements, standards, acts or areas of cross-compliance in question, [F308the relevant authority] may decide to carry out administrative checks, in particular those already provided for under the control systems applicable to the respective requirement, standard, act or area of cross-compliance.

3.[F309The relevant authority] shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title.

4.[F310The appropriate authority may make regulations], laying down rules on the carrying out of checks in order to verify compliance with the obligations referred to under this Title, including rules allowing that risk analysis takes account of the following factors:

(a)a farmer's participation in the farm advisory system as provided for in Title III of this Regulation;

(b)a farmer's participation in a certification system, if it covers the requirements and standards concerned.

F311...

Textual Amendments

F306Words in Art. 96(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(a)(i); and words in Art. 96(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F307Words in Art. 96(1) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(a)(ii); and words in Art. 96(1) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F308Words in Art. 96(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(b); and words in Art. 96(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F309Words in Art. 96(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(c); and words in Art. 96(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F310Words in Art. 96(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 23(a); 2020 c. 1, Sch. 5 para. 1(1)

F311Words in Art. 96(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 23(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 97U.K.Application of the administrative penalty

1.The administrative penalty provided for in Article 91 shall be imposed where the rules on cross-compliance are not complied with at any time in a given calendar year ('the calendar year concerned'), and where the non-compliance in question is directly attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.

F312...

2.In cases in which the land is transferred during the calendar year concerned or the years concerned, paragraph 1 shall also apply where the non-compliance in question is the result of an act or omission directly attributable to the person to whom or from whom the agricultural land was transferred. By way of derogation from the first sentence, where the person to whom the act or omission is directly attributable has submitted an aid application or a payment claim in the calendar year concerned or the years concerned, the administrative penalty shall be imposed on the basis of the total amounts of the payments referred to in Article 92 granted or to be granted to that person.

For the purpose of this paragraph, 'transfer' means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor.

3.Notwithstanding paragraph 1, and subject to the rules to be adopted pursuant to Article 101, [F313the relevant authority] may decide not to apply an administrative penalty per beneficiary and per calendar year when the amount of the penalty is [F314EUR 100][F314£100] or less.

Where [F315the relevant authority] decides to make use of the option provided for in the first subparagraph, the competent authority shall, for a sample of beneficiaries, take in the following year the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the beneficiary.

4.The imposition of an administrative penalty shall not affect the legality and regularity of the payments to which it applies.

Textual Amendments

F312Words in Art. 97(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(7)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F313Words in Art. 97(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(7)(a); and words in Art. 97(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(7)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F314Sum in Art. 97(3) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(15)

F315Words in Art. 97(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(7)(b); and words in Art. 97(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(7)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F316Article 98U.K.Application of the administrative penalty in Bulgaria, Croatia and Romania

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316Art. 98 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(8); and Art. 98 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 99U.K.Calculation of the administrative penalty

1.The administrative penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the finding.

For the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.

2.In the case of non compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of reoccurrence, shall not exceed 15 %.

[F317The relevant authority] may set up an early warning system that applies to cases of non-compliance which, given their minor severity, extent and duration, shall not, in duly justified cases, lead to a reduction or exclusion. Where [F318the relevant authority] decides to make use of this option, the competent authority shall send an early warning to the beneficiary, notifying the beneficiary of the finding and the obligation to take remedial action. In case a subsequent check establishes that the non-compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively.

However, cases of non-compliance which constitute a direct risk to public or animal health shall always lead to a reduction or exclusion.

[F317The relevant authority] may give priority access to the farm advisory system to the beneficiaries who have received for the first time an early warning.

3.In the case of intentional non-compliance, the percentage reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and may apply for one or more calendar years.

4.In any event, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1.

Textual Amendments

F317Words in Art. 99(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(9)(a); and words in Art. 99(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F318Words in Art. 99(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(9)(b); and words in Art. 99(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F319Article 100U.K.Amounts resulting from cross-compliance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319Art. 100 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(10); and Art. 100 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 101U.K.F320... Powers in relation to the application and calculation of administrative penalties

1.In order to ensure a correct distribution of the funds to the entitled beneficiaries and that cross-compliance is carried out in an efficient, coherent and non-discriminatory way, the [F321appropriate authority may make regulations]:

F322(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)laying down the conditions for the application and calculation of the administrative penalties due to cross-compliance, including in the case of non-compliance directly attributable to the beneficiary concerned.

2.The [F323appropriate authority may make regulations] laying down detailed procedural and technical rules concerning the calculation and application of administrative penalties referred to in Articles 97 to 99, including as regards beneficiaries consisting of a group of persons under Articles 28 and 29 of Regulation (EU) No 1305/2013.

F324...

Textual Amendments

F320Word in Art. 101 heading omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(a); 2020 c. 1, Sch. 5 para. 1(1)

F321Words in Art. 101(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F322Art. 101(1)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F323Words in Art. 101(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(c)(i); 2020 c. 1, Sch. 5 para. 1(1) (note that Art. 101(2) was previously substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(1)(c))

F324Words in Art. 101(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

TITLE VIIU.K.COMMON PROVISIONS

CHAPTER IU.K.Communication

F325Article 102U.K.Communication of information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F325Art. 102 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(2); and Art. 102 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(1); 2020 c. 1, Sch. 5 para. 1(1)

Article 103U.K.Confidentiality

1.[F326The relevant authority] shall take all necessary steps to ensure the confidentiality of the information communicated or obtained under inspection F327... measures implemented under this Regulation.

F328...

2.Without prejudice to [F329the law applying in the constituent nation in relation] to legal proceedings, information collected in the course of scrutiny as provided for in Chapter III of Title V shall be protected by professional secrecy. It shall not be communicated to any persons other than those who, by reason of their duties F330..., are required to have knowledge thereof for the purposes of performing those duties.

Textual Amendments

F326Words in Art. 103(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(a)(i)(aa); and words in Art. 103(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F327Words in Art. 103(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(a)(i)(bb); and words in Art. 103(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F328Words in Art. 103(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(a)(ii); and words in Art. 103(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F329Words in Art. 103(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(b)(i); and words in Art. 103(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F330Words in Art. 103(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(3)(b)(ii); and words in Art. 103(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F331Article 104U.K.Commission powers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F331Art. 104 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(4); and Art. 104 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(3); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIU.K.Use of the euro

[F332[F333Article 105U.K.General principles

1.The amounts in declarations of expenditure by the relevant authority may be expressed in either euro or sterling.

2.The prices and amounts fixed in sectoral agricultural legislation may be expressed in either euro or sterling. Subject to Article 108, they shall be granted or collected in sterling.]]

Textual Amendments

F332Art. 105 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(5); and Art. 105 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(4); 2020 c. 1, Sch. 5 para. 1(1)

F333Art. 105 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(16)

[F334Article 106U.K.Exchange rate and operative event

[F3351.Where the prices or amounts referred to in Article 105(2) are expressed in euro, they shall be converted into sterling by means of an exchange rate.]

2.The operative event for the exchange rate shall be:

(a)the completion of customs import or export formalities in the case of amounts collected or granted in trade with third countries;

(b)the event whereby the economic objective of the operation is attained in all other cases.

[F3363.Where a direct payment as provided for in Regulation (EU) No 1307/2013 is made to a beneficiary in [F337sterling, the relevant authority shall convert the amount of aid expressed in euro into sterling on the basis of the average of the exchange rates set by the European Central Bank during the month prior to 1 October 2019.].

F338...]

4.As regards [F339direct payment support] [F340CMO support], when drawing up their declarations of expenditure, [F341the relevant authority] shall apply the same exchange rate as that which they used to make payments to beneficiaries or receive revenue, in accordance with the provisions of this Chapter.

5.In order to specify the operative event referred to in paragraph 2 or to fix it for reasons peculiar to the market organisation or the amount in question, the [F342appropriate authority may make regulations], containing rules on those operative events and the exchange rate to be used. The specific operative event shall be determined taking account of the following criteria:

(a)actual applicability as soon as possible of adjustments to the exchange rate;

(b)similarity of the operative events for analogous operations carried out under the market organisation;

(c)coherence in the operative events for the various prices and amounts relating to the market organisation;

(d)practicability and effectiveness of checks on the application of suitable exchange rates.

[F3436.In order to avoid the application F344... of different exchange rates in accounts of revenue received or aid paid to beneficiaries in a currency other than the euro, on the one hand, and in the establishment of the declaration of expenditure drawn up by the paying agency, on the other, the [F345appropriate authority may make regulations] laying down rules on the exchange rate applicable when declarations of expenditure are drawn up and when public storage operations are recorded in the accounts of the paying agency.]]

Textual Amendments

F334Art. 106 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(16)

F335Art. 106(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(a); and Art. 106(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F336Words in Art. 106(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(9)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F337Words in Art. 106(3) substituted (8.6.2020) by The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(5)(a)

F338Words in Art. 106(3) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(5)(b)

F339Words in Art. 106(4) substituted for “EAGF” (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(b)(i)

F340Words in Art. 106(4) substituted for “EAGF” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(c)(i) (as amended by S.I. 2020/1445, regs. 1(2)(b), 3(9)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F341Words in Art. 106(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(b)(ii); and words in Art. 106(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F342Words in Art. 106(5) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 25(a); 2020 c. 1, Sch. 5 para. 1(1)

F343Art. 106(6) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(6)(c)

F344Words in Art. 106(6) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 25(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F345Words in Art. 106(6) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 25(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F346Article 107U.K.Safeguard measures and derogations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F346Art. 107 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(7); and Art. 107 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(6); 2020 c. 1, Sch. 5 para. 1(1)

[F348Article 108U.K.Use of the euro F347...

1.If [F349the relevant authority] decides to pay the expenditure resulting from sectoral agricultural legislation in euro rather than in [F350sterling], the [F351relevant authority] shall take measures to ensure that the use of the euro does not provide a systematic advantage compared with the use of [F352sterling].

F3532.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F347Words in Art. 108 heading omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(8); and words in Art. 108 heading omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(7); 2020 c. 1, Sch. 5 para. 1(1)

F348Art. 108 omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(17)

F349Words in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(i); and words in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F350Word in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(ii); and word in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F351Words in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(iii); and words in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F352Word in Art. 108(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(a)(iv); and word in Art. 108(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F353Art. 108(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(9)(b); and Art. 108(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IIIU.K.Report and evaluation

F354Article 109U.K.Annual financial report

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F354Arts. 109, 110 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(10); and Arts. 109, 110 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(9); 2020 c. 1, Sch. 5 para. 1(1)

F354Article 110U.K.Monitoring and evaluation of the CAP

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

CHAPTER IVU.K.Transparency

Article 111U.K.Publication of beneficiaries

1.[F355The relevant authority] shall ensure annual ex-post publication of the beneficiaries of [F356direct payments] [F357agricultural support]. The publication shall contain:

(a)without prejudice to the first paragraph of Article 112 of this Regulation, the name of the beneficiary, as follows:

(i)

the first name and the surname where the beneficiary is a natural person;

(ii)

the full legal name as registered where the beneficiary is a legal person with the autonomous legal personality pursuant to the legislation [F358applying in the constituent nation];

(iii)

the full name of the association as registered or otherwise officially recognised where the beneficiary is an association without an own legal personality;

(b)the municipality where the beneficiary is resident or is registered and, where available, the postal code or the part thereof identifying the municipality;

(c)the amounts of payment corresponding to each measure [F359under which direct payment support is granted, which is] [F360under which agricultural support is granted] received by each beneficiary in the financial year concerned;

(d)the nature and the description of the measures [F361under which direct payment support is granted] [F362under which agricultural support is granted] and under which the payment referred to in point (c) is awarded.

[F363The information referred to in the first subparagraph shall be made available on a single website [F364for the United Kingdom administered jointly by the relevant authorities]. It shall remain available for two years from the date of the initial publication.]

2.As regards the payments corresponding to the measures [F365under which support for rural development is granted] as referred to in point (c) of the first subparagraph of paragraph 1, the amounts to be published shall correspond to the total public funding F366....

Textual Amendments

F355Words in Art. 111(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(i); and words in Art. 111(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F356Words in Art. 111(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(ii)

F357Words in Art. 111(1) substituted for “the Funds” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F358Words in Art. 111(1)(a)(ii) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(iii); and words in Art. 111(1)(a)(ii) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F359Words in Art. 111(1)(c) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(iv)

F360Words in Art. 111(1)(c) substituted for “financed by the Funds” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(iv); 2020 c. 1, Sch. 5 para. 1(1)

F361Words in Art. 111(1)(d) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(v)

F362Words in Art. 111(1)(d) substituted for “financed by either of the Funds” (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F363Words in Art. 111(1) omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(18)

F364Words in Art. 111(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(11)(a)(vi); and words in Art. 111(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(a)(vi); 2020 c. 1, Sch. 5 para. 1(1)

F365Words in Art. 111(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F366Words in Art. 111(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 112U.K.Threshold

[F367The relevant authority shall not publish the name of a beneficiary as provided for in point (a) of the first subparagraph of Article 111(1) of this Regulation where the amount of aid from direct payment support and [F368the Funds (as defined in Article 3(2) of Regulation (EU) No 1306/2013 as it had effect immediately before exit day) received in one year by a beneficiary is equal to or less than EUR 1250] [F368received in one year by a beneficiary is equal to or less than £1250.].]

[F369The relevant authority shall not publish the name of a beneficiary as provided for in point (a) of the first subparagraph of Article 111(1) of this Regulation where the amount of aid received in one year by a beneficiary is equal to or less than EUR 1250.]

Where the first paragraph of this Article applies the [F370relevant authority] shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 111(1) and the beneficiary shall be identified by a code. [F371The relevant authority] shall decide on the form of that code.

Textual Amendments

F367Words in Art. 112 substituted for the first and second paragraphs (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(a)

F368Words in Art. 112 substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(19)

F369Words in Art. 112 substituted for the first and second paragraphs (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F370Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(i); and words in Art. 112 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F371Words in Art. 112 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(12)(b)(ii); and words in Art. 112 substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 113U.K.Information of the beneficiaries

[F372The relevant authority] shall inform the beneficiaries that their data will be made public in accordance with Article 111 and that the data may be processed by auditing and investigating bodies F373... for the purpose of [F374ensuring proper management of public funds].

In accordance with the requirements of [F375Regulation (EU) No 2016/679 and the Data Protection Act 2018], where personal data is concerned, the [F376relevant authority] shall inform the beneficiaries of their rights under the data protection rules and of the procedures applicable for exercising those rights.

Textual Amendments

F372Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(a)(i); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F373Words in Art. 113 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(a)(ii); and words in Art. 113 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F374Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(a)(iii); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F375Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(b)(i); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F376Words in Art. 113 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(13)(b)(ii); and words in Art. 113 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 9(12)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 114U.K. [F377Appropriate authority] powers

The [F378appropriate authority may make regulations] laying down rules on:

(a)

the form, including the way of presentation by measure, and the calendar of the publication foreseen in Articles 111 and 112;

(b)

the uniform application of Article 113;

(c)

F379...

F380. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F377Words in Art. 114 heading substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(14)(a)

F378Words in Art. 114 substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 26(a); 2020 c. 1, Sch. 5 para. 1(1)

F379Art. 114(c) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 26(b); 2020 c. 1, Sch. 5 para. 1(1)

F380Words in Art. 114 omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 26(c); 2020 c. 1, Sch. 5 para. 1(1)

TITLE VIIIU.K.FINAL PROVISIONS

[F381Article 115U.K.Regulations: general

1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

4.Regulations under this Regulation may:

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b)make different provision for different purposes.]

Textual Amendments

F381Arts. 115-115D substituted for Art. 115 (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(2); and Arts. 115-115D substituted for Art. 115 (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 27 (as amended by S.I. 2020/1445, regs. 1(2)(b), 10(10)); 2020 c. 1, Sch. 5 para. 1(1)

[F381Article 115AU.K. Regulations: the Secretary of State

1.Except as specified in paragraphs 2 to 6, a statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

F3822.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.A statutory instrument containing regulations made by the Secretary of State under Article 75(3) must be laid before Parliament after being made.

4.Regulations made by the Secretary of State under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by resolution of each House of Parliament.

5.In calculating the period of 28 days for the purposes of paragraph 4, no account is to be taken of any time during which:

(a)Parliament is dissolved or prorogued, or

(b)either House of Parliament is adjourned for more than 4 days.

6.If regulations cease to have effect as a result of paragraph 4, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F382Art. 115A(2) omitted (8.6.2020) by virtue of The Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/576), regs. 1, 2(6)

[F381Article 115BU.K. Regulations: the Welsh Ministers

1.Except as specified in paragraphs 2 to 5, a statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

2.A statutory instrument containing regulations made by the Welsh Ministers under Article 75(3) must be laid before the National Assembly for Wales after being made.

3.Regulations made by the Welsh Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument containing them is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.

4.In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the National Assembly for Wales:

(a)is dissolved, or

(b)in recess for more than 4 days.

5.If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

[F381Article 115CU.K. Regulations: the Scottish Ministers

1.Except as specified in paragraphs 2 to 5, regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

2.Regulations made by the Scottish Ministers under Article 75(3) must be laid before the Scottish Parliament after being made.

3.Regulations made by the Scottish Ministers under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.

4.In calculating the period of 28 days for the purposes of paragraph 3, no account is to be taken of any time during which the Scottish Parliament is:

(a)dissolved, or

(b)in recess for more than 4 days.

5.If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

[F381Article 115DU.K. Regulations: Northern Ireland

1.Except as specified in paragraphs 2 to 5, regulations made by the Department of Agriculture, Environment and Rural Affairs (“the Department”) under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.

2.Regulations made by the Department under Article 75(3) must be laid before the Northern Ireland Assembly after being made.

3.Regulations made by the Department under Article 75(3) cease to have effect at the end of the period of 28 days beginning with the day on which they are made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.

4.In calculating the period of 28 days for the purpose of paragraph 3, no account is to be taken of any time during which the Northern Ireland Assembly is:

(a)dissolved,

(b)in recess for more than 4 days, or

(c)adjourned for more than 6 days.

5.If regulations cease to have effect as a result of paragraph 3, that does not affect the validity of anything previously done under those regulations or prevent the making of new regulations.]

Textual Amendments

F383Article 116U.K.Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383Art. 116 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(3); and Art. 116 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 117U.K.Processing and protection of personal data

1.[F384The relevant authority] shall collect personal data for the purpose of carrying out their respective management, control, audit as well as monitoring and evaluation obligations under this Regulation and, in particular, those laid down in Chapter II of Title II, Title III, Chapters III and IV of Title IV, [F385and] Titles V and VI F386..., as well as for statistical purposes, and shall not process this data in a way that is incompatible with that purpose.

2.Where personal data are processed F387... for statistical purposes, they shall be made anonymous and processed in aggregated form only.

3.Personal data shall be processed in accordance with the rules of [F388Regulation (EU) No 2016/679 and the Data Protection Act 2018]. In particular, such data shall not be stored in a form which enables data subjects to be identified for longer than is necessary for the purposes for which those data were collected or for which they are further processed, taking into account the minimum retention periods laid down in the applicable F389... law.

4.[F390The relevant authority] shall inform the data subjects that their personal data may be processed by national F391... bodies in accordance with paragraph 1 and that in this respect they enjoy the rights set out in the respective data protection rules of [F392Regulation (EU) No 2016/679 and the Data Protection Act 2018].

5.This Article shall be subject to Articles 111 to 114.

Textual Amendments

F384Words in Art. 117(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(a)(i); and words in Art. 117(1) substituted (31.12.2020 insofar as relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(a)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F385Word in Art. 117(1) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(a)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F386Words in Art. 117(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(a)(ii); and words in Art. 117(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(a)(iii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F387Words in Art. 117(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(b); and words in Art. 117(2) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(aa) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F388Words in Art. 117(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(c)(i); and words in Art. 117(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F389Words in Art. 117(3) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(c)(ii); and words in Art. 117(3) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F390Words in Art. 117(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(d)(i); and words in Art. 117(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F391Words in Art. 117(4) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(d)(ii); and words in Art. 117(4) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F392Words in Art. 117(4) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(4)(d)(iii); and words in Art. 117(4) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(3)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F393Article 118U.K.Level of implementation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F393Art. 118 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(5); and Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F394Article 119U.K.Repeal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F394Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F394Article 119aU.K. Derogation from Regulation (EU) No 966/2012

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395Article 120U.K.Transitional measures

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395Arts. 120, 121 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(6); and Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F396Article 121U.K.Entry into force and application

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F396Arts. 120, 121 omitted (31.1.2020 in so far as they relate to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(6); and Arts. 118-121 omitted (31.12.2020 in so far as they relate to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(4) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(10)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F397....

Textual Amendments

F397Words in Signature omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 10(7); and words in Signature omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 10(6); 2020 c. 1, Sch. 5 para. 1(1)

legislation.gov.uk

Search Legislation

Regulation (EU) No 1306/2013 of the European Parliament and of the CouncilShow full title

You are here:

What Version

Advanced Features

Opening Options

More Resources

Revised version PDFs

Legislation originating from the EU

This item of legislation originated from the EU

Changes over time for: Regulation (EU) No 1306/2013 of the European Parliament and of the Council (without Annexes)

Alternative versions:

Status:

Changes to legislation:

Changes to Legislation

TITLE IU.K.SCOPE AND DEFINITIONS

Article 1U.K.Scope

Article 2U.K.Terms used in this Regulation

TITLE IIU.K.GENERAL PROVISIONS ON AGRICULTURAL FUNDS

CHAPTER IU.K.Agricultural Funds

F21Article 3U.K.Funds financing agricultural expenditure

F21Article 4U.K.EAGF expenditure

F22Article 5U.K.EAFRD expenditure

F21Article 6U.K.Other expenditure, including technical assistance

CHAPTER IIU.K.Paying agencies and other bodies

Article 7U.K.[F23Designation of paying agencies and coordinated action by relevant authorities]

[F26Article 8U.K.Commission powers

F30Article 9U.K.Certification bodies

F31Article 10U.K.Admissibility of payments made by the paying agencies

Article 11U.K.Payment in full to beneficiaries

TITLE IIIU.K.FARM ADVISORY SYSTEM

Article 12U.K.[F33Principle and scope] [F33Farm Advisory System]

[F33Article 13U.K.Specific requirements relating to the farm advisory system

[F33Article 14U.K.Access to the farm advisory system

[F33Article 15U.K.[F49Powers]

TITLE IVU.K.FINANCIAL MANAGEMENT F52...

CHAPTER IU.K.[F53Direct payment support] [F54CMO support]

Section 1U.K.Financing of expenditure

F55Article 16U.K.Budget ceiling

F55Article 17U.K.Monthly payments

F55Article 18U.K.Procedure for monthly payments

F55Article 19U.K.Administrative and personnel costs

Article 20U.K.Public intervention expenditure

F59Article 21U.K.Acquisition of satellite images

F59Article 22U.K.Monitoring of agricultural resources

F59Article 23U.K.Implementing powers

Section 2U.K.Budget discipline

F59Article 24U.K.Compliance with the ceiling

F59Article 25U.K.Reserve for crises in the agricultural sector

[F60Article 26U.K.Financial discipline

F62Article 27U.K.Budget discipline procedure

F62Article 28U.K.Early-warning and monitoring system

F62Article 29U.K.Reference exchange rates

CHAPTER IIU.K.[F63Support for rural development]

Section 1U.K.[F64General provisions relating to support for rural development]

Article 30U.K.No double funding

F67Article 31U.K.Provisions applying to all payments

Section 2U.K.Financing of rural development programmes

[F68Article 32U.K.Core contribution

F69Article 33U.K.Budget commitments

Section 3U.K.Financial contribution to rural development programmes

F70Article 34U.K.Provisions applying to payments for rural development programmes

F71Article 35U.K.Prefinancing arrangements

F72Article 36U.K.Interim payments

F73Article 37U.K.Payment of the balance and closure of the programme

F74Article 38U.K.Automatic decommitment for rural development programmes

CHAPTER IIIU.K.Common Provisions

F75Article 39U.K.Agricultural financial year

F75Article 40U.K.Compliance with payment deadlines

F75Article 41U.K.Reduction and suspension of monthly and interim payments

F75Article 42U.K.Suspension of payments in the case of late submission

F75Article 43U.K.Assignment of revenue

F75Article 44U.K.Keeping of separate accounts

F75Article 45U.K.Information measures

Article 46U.K.[F76Powers]

CHAPTER IVU.K.Clearance of accounts

Section IU.K.General provisions

F80Article 47U.K.On-the-spot checks by the Commission

F81Article 48U.K.Access to information