The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019

Title 7 (Common Provisions)

9.—(1) Omit Article 102.

(2) In Article 103—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for “Member States and the Commission” substitute “The relevant authority”;

(bb) omit “and clearance of accounts”;

(ii) omit the second subparagraph;

(b) in paragraph 2—

(i) for “national provisions relating” substitute “the law applying in the constituent nation in relation”;

(ii) omit “in the Member States or in the institutions of the Union”.

(3) Omit Article 104.

(4) For Article 105 substitute—

“Article 105 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.”.

(5) In Article 106—

(a) for paragraph 1 substitute—

“1.   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.”;

(b) for paragraph 3 substitute—

“3.   Where a direct payment as provided for in Regulation (EU) No 1307/2013 is made to a beneficiary in sterling and the ceiling in Annex I of that Regulation for the year to which the payment relates is expressed in euro, the relevant authority must 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 in September of the year for which the aid is granted. The relevant authority must publish the average rate before 1 December of the year in question.”;

(c) in paragraph 4—

(i) for “EAGF” substitute “direct payment support and CMO support”;

(ii) for “Member States which have not adopted the euro” substitute “the relevant authority”.

(6) Omit Article 107.

(7) In the heading of Article 108, omit “by non-euro Member States”.

(8) In Article 108—

(a) in paragraph 1—

(i) for “a Member State which has not adopted the euro” substitute “the relevant authority”;

(ii) for “its national currency” substitute “sterling”;

(iii) for “Member State”, in the second place it occurs, substitute “relevant authority”;

(iv) for “national currency”, in the second place it occurs, substitute “sterling”;

(b) omit paragraph 2.

(9) Omit Articles 109 and 110.

(10) In Article 111—

(a) in paragraph 1—

(i) for “Member States” substitute “The relevant authority”;

(ii) for “the Funds” substitute “agricultural support”;

(iii) in point (a)(ii), for “of the Member State concerned” substitute “applying in the constituent nation”;

(iv) in point (c), for “financed by the Funds” substitute “under which agricultural support is granted”;

(v) in point (d), for “financed by either of the Funds” substitute “under which agricultural support is granted”;

(vi) in the last paragraph, for “per Member State” substitute “for the United Kingdom administered jointly by the relevant authorities”;

(b) in paragraph 2—

(i) for “financed by the EAFRD” substitute “under which support for rural development is granted”;

(ii) omit the words from “, including” to the end.

(11) In Article 112—

(a) for the first and second paragraphs substitute—

“The 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.”;

(b) in the third paragraph—

(i) for “Member States”, in the first place it occurs, substitute “relevant authority”;

(ii) for “Member States”, in the second place it occurs, substitute “The relevant authority”.

(12) In Article 113—

(a) in the first paragraph—

(i) for “Member States”, in the first place it occurs, substitute “The relevant authority”;

(ii) omit “of the Union and the Member States”;

(iii) for “safeguarding the Union’s financial interests” substitute “ensuring proper management of public funds”;

(b) in the second paragraph—

(i) for “Directive 95/46/EC” substitute “Regulation (EU) No 2016/679 and the Data Protection Act 2018(1)”;

(ii) for “Member States” substitute “relevant authority”.

(1)

2018 c. 12.