2020 No. 244
The Direct Payments to Farmers (Controls) (Coronavirus) (Scotland) Regulations 2020
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by Article 62(2)(a) and (b) of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council of 13 December 2013 on the financing, management and monitoring of the common agricultural policy1, and all other powers enabling them to do so.
Citation, commencement, extent and interpretation1
1
These Regulations may be cited as the Direct Payments to Farmers (Controls) (Coronavirus) (Scotland) Regulations 2020 and come into force on 30 September 2020.
2
These Regulations extend to Scotland.
3
In these Regulations, “claim year 2020” is to be interpreted in accordance with section 1(7) of the Direct Payments to Farmers (Legislative Continuity) Act 20202.
Amendment of Commission Implementing Regulation (EU) No. 809/20142
1
Commission Implementing Regulation (EU) No. 809/20143 is amended in accordance with paragraphs (2) to (8).
2
In Article 24(4), at the end insert as a new sub-paragraph—
By way of derogation from the first sub-paragraph, no physical inspection is required in respect of claim year 2020. The competent authority will draw a definitive conclusion from the use of photo-interpretation of satellite or aerial ortho-images or other relevant evidence including such evidence provided by the beneficiary at the request of the competent authority.
3
In Article 26(4), at the end insert as a new sub-paragraph—
In respect of claim year 2020, the requirement for additional visits under this paragraph may be met by the use of new technologies or other relevant evidence.
4
After Article 30, insert—
Article 30aControl rates for area-related schemes in claim year 2020
1
By way of derogation from Article 30, the control samples for the on-the-spot checks in respect of claim year 2020 must cover at least:
a
3% of all beneficiaries applying for the basic payment scheme in accordance with Chapter 1 of Title III of Regulation (EU) No 1307/2013;
b
3% of all beneficiaries applying for the payment for young farmers in accordance with Chapter 5 of Title III of Regulation (EU) No 1307/2013;
c
3% of all beneficiaries of area-related payments under voluntary coupled support in accordance with Chapter 1 of Title IV of Regulation (EU) No 1307/2013.
2
When applying the control rates set out in points (a) and (c) of paragraph 1, priority must be given to areas other than those of permanent grassland and/or permanent crops.
5
After Article 31, insert—
Article 31aControl rate for the greening payment in claim year 2020
1
By way of derogation from Article 31, the control sample for on-the-spot checks for the greening payment in respect of claim year 2020 is 3% of all beneficiaries required to observe the agricultural practices beneficial for the climate and the environment.
2
The control rate in paragraph 1 must include at least 3% of all beneficiaries having areas covered with permanent grasslands that are environmentally sensitive in areas covered by Council Directive 92/43/EEC4 or Directive 2009/147/EC of the European Parliament and of the Council5 and further sensitive areas referred to in Article 45(1) of Regulation (EU) No 1307/2013.
3
When applying the control rate set out in paragraph 1, priority must be given to areas other than those of permanent grassland and/or permanent crops.
6
In Article 33a, after paragraph 2 insert—
3
Paragraphs 1 and 2 do not apply in respect of claim year 2020.
7
In Article 35, at the end insert as a new sub-paragraph—
The first sub-paragraph does not apply in respect of results of checks carried out in accordance with Articles 30a and 31a. Where an increase in control rates in accordance with the first sub-paragraph should have been applied in claim year 2020, that increase must be applied in claim year 2021.
8
In Article 68—
a
in paragraph (1), after the second sub-paragraph insert as a new sub-paragraph—
For the purposes of on-the-spot checks in respect of claim year 2020, the first sub-paragraph applies as if for “1%” there were substituted “0.5%.
b
in paragraph (4), at the end insert the following sub-paragraph—
The first sub-paragraph does not apply for the purpose of on-the-spot checks in respect of claim year 2020. Where an increase in control rates in accordance with the first sub-paragraph should have been applied in claim year 2020, that increase must be applied in claim year 2021.
(This note is not part of the Regulations)