The Agriculture (Legislative Functions) (EU Exit) Regulations 2019

PART 2 U.K. Financing, Management and Monitoring Amendments

Amendment of Regulation (EU) No 1306/2013 U.K.

2.  Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy is amended in accordance with regulations 3 to 27.

Commencement Information

I1 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 revoked (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/831), regs. 1(2), 65; 2020 c. 1, Sch. 5 para. 1(1)

4.  In Article 8—

(a) in paragraph 1—

(i) for the words from “Commission” to “Article 111” substitute “ appropriate authority may make regulations ”;

(ii) omit point (a);

(b) omit paragraph 2.

Commencement Information

I2 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

5.  In Article 15—

[F2 (za) for the heading substitute— “ Powers ”;]

(a) for the words from “Commission” to “acts” substitute “ appropriate authority may make regulations ”;

(b) omit the second paragraph.

Textual Amendments

F2 Reg. 5(za) inserted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(3)

Commencement Information

I3 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

6.  In Article 20, for paragraphs 2 to 4 substitute—

“2.   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.”.

Commencement Information

I4 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F3 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 7 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(4)

Prospective

F4 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 8 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(4)

9.  In Article 46, for paragraphs 5 and 6 substitute—

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

6.   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.”.

Commencement Information

I5 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

10.  For Article 50(2) substitute—

“2.   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.”.

Commencement Information

I6 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

11.  For Article 57 substitute—

“Article 57 U.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.”.

Commencement Information

I7 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F5 12.   In Article 62—

(a) for the heading substitute— “ Powers as regards checks ”;

(b) in paragraph 2—

(i) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(ii) in point (a)—

(aa) for “Member States” substitute “ relevant authority ”;

(bb) omit the words from “resulting” to the end;

(iii) omit points (e) and (f);

(iv) omit the second subparagraph.]

Textual Amendments

F5 Reg. 12 substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(5)

Commencement Information

I8 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

13.  In Article 63—

(a) in paragraph 4, for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 5—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

[F6 (ia) in point (b), omit “in respect of unduly allocated payment entitlements and”.]

(ii) omit the second subparagraph.

Textual Amendments

F6 Reg. 13(b)(ia) inserted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(6)

Commencement Information

I9 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

14.  In Article 64—

(a) in paragraph 6—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(ii) in point (a), omit “by Member States”;

(b) in paragraph 7—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(ii) omit point (c);

(iii) omit the second subparagraph.

Commencement Information

I10 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

15.  In Article 72(5), for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”.

Commencement Information

I11 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

16.  In Article 75(3)—

(a) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(b) for “implementing acts”, in the second place it occurs, substitute “ regulations ”;

(c) omit the last sentence.

Commencement Information

I12 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

17.  In Article 76—

(a) in paragraph 1—

(i) for “protects the financial interests of the Union” substitute “ ensures proper management of public money ”;

(ii) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

[F7 (iia) in point (a), omit the words from “, in addition to those” to the end;]

(iii) in point (b), omit “by the Member States”;

(b) in paragraph 2—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

[F8 (ia) omit point (b);]

(ii) in point (c), for the words from “such” to “eligible area” substitute “ such 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 ”.

Textual Amendments

F7 Reg. 17(a)(iia) inserted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(7)(a)

F8 Reg. 17(b)(ia) inserted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(7)(b)

Commencement Information

I13 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

18.  In Article 77—

(a) in paragraph 7—

(i) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

[F9 (ia) for “paragraphs 5 and 6” substitute “ paragraph 5 ”;]

(ii) omit “by Member States”;

(b) in paragraph 8—

(i) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

(ii) omit the second subparagraph.

Textual Amendments

F9 Reg. 18(a)(ia) inserted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(8)

Commencement Information

I14 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

19.  In Article 78—

(a) for “The Commission shall adopt implementing acts” substitute “ The appropriate authority may make regulations ”;

[F10 (b) in point (b)—

(i) omit “and applications for payment entitlements,”;

(ii) for the words from “Member” to the end substitute “ for the application of simplified procedures or correction of obvious errors ”;]

(c) omit the last sentence.

Textual Amendments

F10 Reg. 19(b) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(9)

Commencement Information

I15 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

20.  In Article 79(2), for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”.

Commencement Information

I16 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

21.  In Article 84(6)—

(a) in the first sentence—

(i) for “Member States in their” substitute “ relevant authority in its ”;

(ii) for “Commission” substitute “ relevant accounting officer ”;

(b) for the last sentence substitute “ In order to take account of economic developments, the appropriate authority may make regulations modifying the threshold. Such regulations may specify the threshold in Sterling. ”.

Commencement Information

I17 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

22.  For Article 88 substitute—

“Article 88 U.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.”.

Commencement Information

I18 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

F11 23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Regs. 23, 24 revoked (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

F11 24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Regs. 23, 24 revoked (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg., Sch. Pt. 1 para. 1 Table 2 (with Sch. Pt. 2 para. 2)

25.  In Article 106—

(a) in paragraph 5, for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”;

(b) in paragraph 6—

(i) omit the words from “by”, in the first place it occurs, to “euro”, in the first place it occurs;

(ii) for the words from “Commission” to “Article 115” substitute “ appropriate authority may make regulations ”.

Commencement Information

I19 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

26.  In Article 114—

(a) for “Commission shall adopt implementing acts” substitute “ appropriate authority may make regulations ”;

(b) omit point (c);

(c) omit the second subparagraph.

Commencement Information

I20 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

27.  For Article 115 substitute—

“Article 115 U.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 M1 .

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 M2 .

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.

Article 115A U.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.

F12 2.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

F12 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 115B U.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 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.

F13 6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 115C U.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.

F14 6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 115D U.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 M3 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.

F15 6.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F12 Words in reg. 27 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(10)(a)

F13 Words in reg. 27 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(10)(b)

F14 Words in reg. 27 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(10)(c)

F15 Words in reg. 27 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 10(10)(d)

Commencement Information

I21 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2010 asp. 10.

M2 S.I. 1979/1573 (N.I. 12).

M3 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

Amendment of Regulation 906/2014 U.K.

28.  Commission Delegated Regulation (EU) No. 906/2014 supplementing Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure is amended in accordance with regulation 29.

Commencement Information

I22 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

29.  In Article 4(2), for the third subparagraph substitute—

“The appropriate authority may make regulations setting the value of products which have deteriorated or been destroyed, either due to natural disasters or to too long a period of storage as referred to in point 2 of Annex VII to this Regulation.

Regulations made by the Secretary of State or the Welsh Ministers under this paragraph are to be made by statutory instrument.

For regulations made under this paragraph by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this paragraph is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

A statutory instrument containing regulations made by the Secretary of State under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing regulations made by the Welsh Ministers under this paragraph is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Regulations made by the Scottish Ministers under this paragraph are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Regulations made by the Department of Agriculture, Environment and Rural Affairs under this paragraph are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M4 as if they were a statutory instrument within the meaning of that Act.

Regulations under this paragraph may:

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.

Before making any regulations under this Regulation, the appropriate authority must consult:

(a) such bodies or persons as appear to the authority to be representative of the interests likely to be substantially affected by the regulations, and

(b) such other bodies or persons as the authority may consider appropriate.”.

Commencement Information

I23 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 1954 c. 33 (NI). Section 41(6) was amended by S.I. 1999/663.