The Common Agricultural Policy (Amendment) (No. 2) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend three sets of regulations that implement the Common Agricultural Policy of the European Union (“the CAP”).

Part 2 amends the Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014. Regulation 3 details how a discretion allowed to Member States under Council Regulation (EU) 1307/2013 to define an “active farmer” will be exercised. Regulation 4 amends two lists of crop species permitted in Ecological Focus Areas.

Part 3 amends the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014. Regulation 6 amends the definitions of “rural development payment” and “accountable body” to reflect the division of responsibilities under the 2014-2020 CAP. Regulation 7 amends the provisions on set-off to make it explicit that direct payments and rural development payments may be set off against current and legacy debts.

Regulation 9 amends regulation 14 so that only breaches of commitments under EU Regulations implementing the 2014-2020 CAP are enforceable under the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014. Regulations 11 and 12 correct references to EU Regulations implementing the Single Common Market Organisation for agricultural products.

Regulation 13 amends Schedule 1 to add relevant EU Regulations (including those made since the coming into force of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014) and omit those that have been repealed or are of no relevance to the implementation of the Single Common Market Organisation for agricultural products in England. Regulation 14 makes amendments to the rules relating to cross-compliance that will apply from the start of the 2016 cross-compliance year, with the exception of regulation 14(4)(a), which removes from 1st January 2017 the exemption from the rules on cultivation or applying fertilisers or pesticides to land near watercourses for land forming part of a parcel of 2 hectares or less.

Part 4 amends the Rural Development Enforcement (England) Regulations 2007 so that they apply to breaches of Commission Regulation 65/2011 (which these regulations remove from regulation 14(1)(c) of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014).