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TITLE IIU.K.GENERAL PROVISIONS ON AGRICULTURAL FUNDS

CHAPTER IU.K.Agricultural Funds

F1Article 3U.K.Funds financing agricultural expenditure

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Textual Amendments

F1Arts. 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)

F1Article 4U.K.EAGF expenditure

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Textual Amendments

F1Arts. 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)

F2Article 5U.K.EAFRD expenditure

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Textual Amendments

F2Arts. 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)

F1Article 6U.K.Other expenditure, including technical assistance

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Textual Amendments

F1Arts. 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)

CHAPTER IIU.K.Paying agencies and other bodies

Article 7U.K.[F3Designation of paying agencies and coordinated action by relevant authorities]

[F41.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.]

[F51.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.

[F65A.Paragraph 5 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F75B.Paragraph 5 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.]]

Textual Amendments

F3Art. 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)

F4Art. 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)

F5Art. 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)

[F9Article 8U.K.[F8Commission powers][F8Powers]

1.To ensure the sound operation of the system provided for in Article 7, the [F10appropriate authority may make regulations] concerning:

F11(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.

[F121A.Paragraph 1 does not apply in relation to public intervention schemes in England, otherwise than in connection with exceptional market conditions which are the subject of a declaration under section 20 of the Agriculture Act 2020.]

[F131B.Paragraph 1 ceases to apply in relation to public intervention schemes in Scotland, otherwise than in connection with public intervention measures which the appropriate authority takes under Article 219(1) of Regulation (EU) No 1308/2013, for a period of five years beginning on 1 July 2023.]

F142.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F15Article 9U.K.Certification bodies

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Textual Amendments

F15Arts. 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)

F16Article 10U.K.Admissibility of payments made by the paying agencies

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Textual Amendments

F16Arts. 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 F17..., payments relating to the financing provided for in this Regulation shall be disbursed in full to the beneficiaries.

Textual Amendments

F17Words 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)