The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020

3

In Article 7, for paragraphs 1 to 6 substitute—

1

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.

24

In Article 45, omit the second paragraph.

24A

After Article 45 omit the words from “This Regulation” to “States.

b

in paragraph 2, for the words from “expressed” to the end substitute “ to be expressed in sterling ”;

35

Omit Articles 63 and 64.

35A

After Article 64, omit the words from “This Regulation” to “States.”.

39

In Annex 13, omit paragraphs 1, 5 and 6.

4

In Article 3, in paragraph 1—

a

in the first subparagraph, omit “aid application,”;

b

in the second subparagraph, in both places it occurs, for “Member State” substitute “ relevant authority ”.

4A

In Article 4, for “Aid applications, applications” substitute “ Applications ”.

5

In Article 5—

a

in the first paragraph, omit “direct payment schemes or”;

b

in the second paragraph, for “Union or national law” substitute “ the law applying in the constituent nation ”.

6

In Article 6—

a

omit paragraph 1;

b

in paragraph 2—

i

omit the words from “each”, in the first place it occurs, to “and for”;

ii

omit point (f);

c

omit paragraph 3;

d

in paragraph 4, for “paragraph 3” substitute “ paragraph 2 ”.

13

In Article 14—

a

in paragraph 1—

i

in points (b) and (g), omit “direct payment schemes and/or” in both places it occurs;

ii

omit points (c) and (h);

b

omit paragraphs 2 and 3.

15

In Article 15—

a

in paragraph 1, in the first subparagraph—

i

omit “or individual payment entitlements”;

ii

omit “direct payment schemes or”;

b

in paragraph 1, in the second subparagraph—

i

omit “direct payment scheme or”;

ii

omit “or in respect of payment entitlements”;

c

in paragraph 1b—

i

omit “direct payment schemes or;

ii

omit the last sentence;

d

in paragraph 2—

i

in the first subparagraph, omit the words from “, except in the case of” to the end;

ii

in the second and third subparagraphs, for “Member States”, in each place it occurs, substitute “ the relevant authority ”;

iii

in the third subparagraph, omit the words from “the payment for agricultural practices beneficial” to “Regulation (EU) No 1307/2013 or”;

15A

In Article 16, omit the words from “, in particular” to “No 1307/2013,”.

20

Omit Article 22.

21

Omit Article 23.

22

In Article 24—

a

in paragraph 1—

i

in point (a), omit “aid application,”;

ii

in point (b)—

aa

omit “aid scheme and/or”;

bb

omit “aid and/or”;

b

in paragraph 2—

i

for “Member States”—

aa

in the first place it occurs, substitute “ The relevant authority ”;

bb

in the second place it occurs, substitute “ relevant authority ”;

ii

for “Union law or laid down in relevant national law” substitute “ the law applying in the constituent nation ”.

22A

In Article 25, in the second subparagraph, omit “livestock aid applications or”.

23

In Article 26—

a

in paragraph 1, for “Union law” substitute “ the law applying in the constituent nation ”;

b

in paragraph 3, omit “aid schemes or”;

c

in paragraph 4, omit the second subparagraph.

24

In Article 27, in the second paragraph—

a

for “Member States” substitute “ The relevant authority ”;

b

omit “schemes listed in Annex I to Regulation (EU) No 1307/2013”;

c

omit the last sentence.

b

in paragraph 2—

i

omit “animal aid schemes and”;

ii

for “Member States” substitute “ a relevant authority ”.

26

In Article 29—

a

in paragraph 1—

i

in point (a), omit “and Annex VI to Council Regulation (EC) No 73/2009,”;

ii

omit point (b);

iii

in point (c), omit “direct payment scheme and/or”;

iv

omit point (d);

v

in point (e), omit “aid and/or” in both places it occurs;

vi

omit points (f) and (g);

b

in paragraph 3—

i

for “an”, in the first place it occurs, substitute “ a ”;

ii

omit “aid application and/or”;

ii

omit “under the same aid scheme or”;

iii

for “Member State” substitute “ a relevant authority ”.

27

Omit Article 30.

28

Omit Article 31.

29A

Omit Article 33.

29B

In Article 33a, omit “aid scheme or” in each place it occurs.

30

In Article 34—

a

omit paragraph 2;

b

in paragraph 3—

i

for “Articles”, in both places it occurs, substitute “ Article ”;

ii

omit “and 33” in both places it occurs;

ii

in the third subparagraph, for “Member States” substitute “ the relevant authority ”;

c

in paragraph 4, for “Articles 30 to 33” substitute “ Article 32 ”;

d

in paragraph 4a—

i

for “Articles 30 to 33” substitute “ Article 32 ”;

ii

omit “aid scheme or”;

iii

omit “aid schemes or”;

e

in paragraph 5, in point (c), for “Member State” substitute “ relevant territory ”;

f

in paragraph 7, omit “aid applications or”.

30A

In Article 35, omit “aid scheme or”.

31

In Article 36—

a

in paragraph 1, omit “aid schemes or”;

b

omit paragraphs 2 and 3;

c

in paragraph 4, for “Member States” substitute “ the relevant authority ”;

d

in paragraph 5—

i

for “Paragraphs 2, 3 and 4” substitute “ Paragraph 4 ”;

ii

omit the words from “or the conditions” to “this Article”;

iii

for “Member States” substitute “ the relevant authority ”;

iv

omit “Articles 30(a), (b) and (f) and/or”;

v

omit “aid schemes or”;

e

omit paragraph 6.

32

In Article 37—

a

in paragraph 1, in the first subparagraph, omit the words from “for which aid” to “and/or”;

b

in paragraph 2—

i

omit “aid schemes and/or”;

ii

omit the second subparagraph.

c

omit paragraph 3.

34

In Article 39—

a

in paragraph 1—

i

for “an aid application or” substitute “ a ”;

ii

omit “area-related aid schemes or”;

b

omit paragraphs 2 and 3.

35

In Article 40—

a

for “Member State” substitute “ relevant authority ”;

b

in point (a), omit “aid application and/or”;

36

In Article 40a—

a

in paragraph 2—

i

in point (a), omit “30, 31,”;

ii

omit point (b);

b

in paragraph 3, in the first subparagraph—

i

omit “area-related aid scheme or”;

ii

omit the words from “or to defined groups of beneficiaries” to the end;

c

in paragraph 4—

i

omit “direct payment schemes,” in both places it occurs;

ii

omit “30, 31,”.

za

in paragraph 1—

i

in point (a) and (f), omit “aid schemes or” in both places it occurs;

ii

in point (a), omit “, aid applications”;

iii

in point (h), omit “aid schemes,”;

39

In Article 42—

a

in paragraph 1—

i

in the first subparagraph—

aa

omit “aid applications or”;

bb

omit “animal aid schemes or”;

ii

in the second subparagraph—

aa

for “Member State” substitute “ relevant authority ”;

bb

omit “or Article 33”;

cc

omit “respective animal aid scheme or”;

dd

for “an aid application or” substitute “ a ”;

ee

for “Member States” substitute “ the relevant authority ”;

ff

omit “or 33”;

iii

in the third subparagraph, for “Member State” substitute “ relevant authority ”;

iv

in the fourth subparagraph, omit “aid applications and/or”;

b

in paragraph 2, omit “aid applications or”.

za

in paragraph 1—

i

in point (a)—

aa

omit “animal aid schemes and/or”;

bb

omit “livestock aid applications and/or”;

ii

in point (e), omit “animal aid schemes and/or”;

40A

Omit Article 44.

51

In Article 64—

a

in point (a), omit “national”;

b

in point (d), omit the words from “and the maintenance of permanent pasture” to the end.

a

in paragraph 1—

i

for the first subparagraph substitute—

1

The competent control authority shall, with regard to the requirements and standards for which it is responsible, carry out on-the-spot checks on at least 1% of the total number of the beneficiaries receiving annual premia referred to in Article 92 of Regulation (EU) No 1306/2013 and the other beneficiaries receiving direct payment support.

ii

in the fourth subparagraph, for “Member States” substitute “ the relevant authority ”;

55

In Article 69—

a

in paragraph 1, in the third subparagraph, for “A Member State” substitute “ The relevant authority ”;

b

in paragraph 5, omit the last sentence;

c

for paragraph 6 substitute—

6

By way of derogation from Article 68(1), the samples of beneficiaries to be checked on the spot may be selected at the minimum rate of 1% of the beneficiaries receiving annual premia under Article 21(1)(a) and (b) and Articles 28 to 31, 33 and 34 of Regulation (EU) No 1305/2013.

55A

In Article 70a, in paragraph 3—

a

omit “direct payment schemes,”;

b

for “Articles 30, 31, 32 and 68 for on-the-spot checks of direct payments schemes,” substitute “ Articles 32 and 68 for on-the-spot checks of ”.

55B

Omit Article 70b.

e

in paragraph 6—

i

omit “aid applications, and/or”;

ii

omit the words from “or, as regards to the applications” to the end.

58

In Article 73—

a

in paragraph 1—

i

for the words from “different schemes listed” to “Member States”, in the first place it occurs, substitute “ measures referred to in Article 21(1)(a) and (b) and Articles 28 to 31, 33 and 34 of Regulation (EU) No 1305/2013, the relevant authority ”;

ii

for “Member States”, in the second place it occurs, substitute “ The relevant authority ”;

b

in paragraph 4—

i

in point (a), omit “aid applications or”;

ii

omit point (b) and the preceding “and/or”;

iii

omit the second subparagraph;

c

in paragraph 5, for “Member States” substitute “ the relevant authority ”.

59

Omit Article 76.

1A

In Article 1, omit points (g) and (m).

4

In Article 4, in paragraph 1—

a

omit the first subparagraph;

b

in the third subparagraph, for “Member States” substitute “ the relevant authority ”.

6

Omit Article 6.

7

Omit Article 7.

9A

In Article 12—

a

in the first subparagraph—

i

for the words from the beginning to “where” substitute “ Where ”;

ii

omit point (b);

b

omit the second subparagraph.

12

Omit Article 14.

13

In Article 16—

a

in paragraph 1, in the first subparagraph, omit “area-related direct payments and/or”;

b

omit paragraph 3.

14

In Article 17—

a

in paragraph 1—

i

omit points (a) to (d);

ii

in point (e), omit “aid scheme or”;

b

in paragraph 2—

i

for “an aid application and/or” substitute “ a ”;

ii

omit “aid scheme or”;

ii

omit “aid schemes or”.

15

In Article 18—

a

omit paragraphs 1 to 4;

b

in paragraph 5—

i

omit “aid applications and/or”;

ii

omit “aid schemes or”;

c

in paragraph 6—

i

omit “aid applications and/or”

ii

omit “aid schemes or”;

iii

omit the words from “the total area declared for payment under the direct” to “No 1307/2013 or”;

d

omit paragraph 7.

15A

In Article 19—

a

in paragraph 1, in the first subparagraph, omit “aid schemes or”;

b

omit “aid or” in each place it occurs.

16

In Article 19a—

a

in the heading, omit the words from “the basic” to “small farmers scheme”;

b

in paragraph 1, omit the words from “the aid schemes” to “Regulation (EU) No 1307/2013 and”;

c

in paragraphs 2 and 3, omit “aid scheme or” in both places it occurs.

17

Omit Articles 20 to 29.

20

In Article 31—

a

in paragraph 1—

i

omit the words from “in respect” to “aid scheme or”, in the first place it occurs;

ii

omit “aid or”;

iii

omit “aid scheme or”;

b

in paragraph 2—

i

omit “aid or”, in each place it occurs;

ii

omit “aid scheme or”, in both places it occurs;

iii

in the fourth subparagraph, for “Member States”, in both places it occurs, substitute “ the relevant authority ”;

c

in paragraph 3—

i

in the first subparagraph—

aa

omit “animal aid scheme or”, in the first place it occurs;

bb

omit “aid scheme or”, in the second place it occurs;

cc

omit “aid application or”;

ii

in the second subparagraph—

aa

for “Member State” substitute “ relevant authority ”;

bb

omit the words from “, irrespectively of their status” to the end;

d

in paragraph 4—

i

omit “aid or” in both places it occurs;

ii

for “an aid scheme or” substitute “ a ”.

21A

In Article 34, omit “aid application or”.

27

Omit Articles 42 to 44.

za

for the heading substitute— “ Powers ”;

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.

ia

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

ia

for “paragraphs 5 and 6” substitute “ paragraph 5 ”;

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 ”;

Saving provisions7

The Environmental Stewardship Regulations 2005 F20 apply in respect of any programme or activity to which Article 138 of the withdrawal agreement applies as if the amendments made by regulation 2 had not been made.

8

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 F21 apply in respect of any programme or activity to which Article 138 of the withdrawal agreement applies as if the amendments made by regulation 5 had not been made and any reference to a Regulation originating from the European Union in those Regulations is to be read as a reference to that Regulation as it has effect in EU law.

9

Regulations 1 to 3 of the Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 2014 F22 continue to apply in respect of any programmes or activities to which Article 138 of the withdrawal agreement applies as if the revocation made by regulation 6 had not been made.

24A

In Article 39b—

a

in paragraph 3—

i

for “Member States” substitute “ The relevant authority ”;

ii

for “Member State” substitute “ relevant authority ”;

b

in paragraph 4, omit the second sentence;

c

in paragraph 6—

i

for “Member States” substitute “ the relevant authority ”;

ii

for “other national or Union support instruments” substitute “ Regulation 508/2014 or direct payment support ”.

c

omit paragraph 4.

fa

in paragraph 6a—

i

omit “EAFRD” in the first place it occurs;

ii

for “EAFRD”, in the second place it occurs, substitute “ core ”;

iii

in point (b) for “accredited” substitute “ designated ”;

iv

omit point (c);

4A

In Article 4(b)—

a

omit “an Implementing Regulation opening”;

b

after “procedure or” insert “ the Regulations ”;

c

for “provides” substitute “ provide ”.

4B

Omit Article 5(3)(c).

Regulations under point (b) may provide for the quantitative limitation to be 0.

c

omit paragraph 3.