PART 2CAP Horizontal Legislation

The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019I13

1

The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 M1 is amended as follows.

2

In regulation 2, after “amended” insert “ , insofar as it relates to common organisation of the markets and rural development measures M2, ”

3

In regulation 3, in paragraph (2)(a)—

a

before paragraph (i) insert—

ai

omit point (e)

b

in paragraph (i), in the substituted text, after “ means ” insert “ , insofar as it relates to agricultural support ”;

c

in paragraph (iii), for points (h) to (n) in the substituted text, substitute—

h

“constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be;

i

“agricultural support” means support for rural development and CMO support;

j

“economic operator” means any person or public entity or group of such persons or entities, including any temporary association of undertakings, which offers the execution of works or a work, the supply of products or the provision of services on the market;

k

“relevant authority”, unless otherwise defined in this Regulation, means:

i

in England, the Secretary of State;

ii

in Wales, the Welsh Ministers;

iii

in Scotland, the Scottish Ministers;

iv

in Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

l

“relevant accounting officer” means:

i

in England, the accounting officer for the Department for Environment, Food and Rural Affairs;

ii

in Wales, the Permanent Secretary of the Welsh Government;

iii

in Scotland, the Permanent Secretary of the Scottish Government;

iv

in Northern Ireland, the Permanent Secretary of the Department of Agriculture, Environment and Rural Affairs;

n

“CMO support” means financial support granted under:

i

Regulation (EU) No 1308/2013 M3 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;

ii

any delegated or implementing acts adopted on the basis of Regulation (EC) No 1234/2007;

iii

Regulation (EU) No 1144/2014 M4 or any regulations made under, or delegated or implementing acts adopted on the basis of, that Regulation;

4

In regulation 4, for paragraph (3) substitute—

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.

5

In regulation 5(1)(b)—

a

the words from “for points” to the end become paragraph (ii) of that sub-paragraph;

b

before that paragraph, insert—

i

omit point (b);

6

In regulation 6—

a

in paragraph (2), omit “Direct payment support and”;

b

in paragraph (5), for “25” substitute “ 29 ”;

c

omit paragraphs (6) and (7);

d

for paragraph (17) substitute—

17

In Article 50—

a

for the heading, substitute— “ Powers ”;

b

omit paragraph 1.

e

in paragraph (20), in the substituted heading and text, in both places it occurs, omit “ direct payment support and ”.

7

In regulation 7—

a

in paragraph (5)—

i

for sub-paragraph (a) substitute—

a

in paragraph 1—

i

in the first subparagraph, omit the words from “and, where relevant” to the end;

ii

in the second subparagraph, omit “national or Union”;

ii

after sub-paragraph (b) insert—

c

in paragraph 3, omit “and payment entitlements,”.

b

in paragraph (9)—

i

for sub-paragraph (b) substitute—

b

in paragraph 2—

i

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

ii

for “34 and 40” substitute “ and 34 ”;

ii

in sub-paragraph (c)—

aa

in paragraph (i), after “for” insert “ the words from “where” to ”;

bb

for paragraph (ii) substitute—

ii

omit point (b).

c

for paragraph (10) substitute—

10

In Article 68—

a

in paragraph 1, omit point (c);

b

omit paragraphs 3 and 4.

d

in paragraph (12), for sub-paragraph (b) substitute—

b

omit paragraph 2.

e

for paragraph (13) substitute—

13

Omit Article 71.

f

in paragraph (14)—

i

in sub-paragraph (a), before paragraph (i) insert—

zi

omit “an application for direct payments or”;

zai

omit point (b);

ii

in sub-paragraph (b), after paragraph (i) insert—

ia

in point (a), omit the words from “, and/or may decide” to the end of the sentence.

g

in paragraph (16)(a), for paragraph (ii) substitute—

ii

omit point (a);

h

for paragraph (17) substitute—

17

In Article 77—

a

in paragraph 2—

i

in point (e), for “to be set by the Commission” substitute “ set ”;

ii

in point (f), for “to be defined by the Commission” substitute “ as defined ”;

b

omit paragraph 6.

i

in paragraph (27), for sub-paragraph (a) substitute—

a

in paragraph 1—

i

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

ii

at the end, insert the following subparagraph—

In this paragraph and in paragraph 4, ‘relevant authority’ means:

a

in England, the Secretary of State;

b

in Wales, the Welsh Ministers;

c

in Scotland, the Scottish Ministers.

j

in paragraph (28)—

i

after sub-paragraph (aa) insert the following sub-paragraph—

ab

at the end of paragraph 2, insert the following subparagraph—

In this Article, ‘relevant authority’ means:

a

in England, the Secretary of State;

b

in Wales, the Welsh Ministers;

c

in Scotland, the Scottish Ministers.

ii

for sub-paragraph (b) substitute—

b

for “the Union” substitute “ Great Britain ”.

8

In regulation 8—

a

for paragraph (2) substitute—

2

In Article 92—

a

in the first paragraph, omit the words from “direct payments” to “1308/2013 and”;

b

for second paragraph substitute—

However, Article 91 shall not apply to the support referred to in Article 28(9) of Regulation (EU) No 1305/2013 M5.

b

in paragraph (4), before sub-paragraph (a) insert—

za

in the heading, omit “of Member States”;

c

for paragraph (7) substitute—

7

In Article 97—

a

in paragraph 1, omit the second subparagraph;

b

in paragraph 3—

i

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

ii

in the second subparagraph, for “a Member State” substitute “ the relevant authority ”.

9

In regulation 9(5)—

a

for point (b) substitute—

b

omit paragraph 3;

b

in sub-paragraph (c)(i), omit “direct payment support and”.

10

In regulation 10—

a

in paragraph (3)—

i

for sub-paragraph (a) substitute—

a

in paragraph 1—

i

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

ii

after “Title IV,” insert “ and ”;

iii

omit “and Chapter III of Title VII”;

aa

in paragraph 2, omit the words from “for monitoring” to “well as”;

b

for paragraph (4) substitute—

4

Omit Articles 118 to 121.

c

omit paragraph (5).

11

In regulation 11—

a

in the heading, for the words from “1 and” to the end substitute “ 1 to 3 (Information, rules on cross-compliance and correlation table) ”;

b

after paragraph (2) insert—

3

Omit Annex 3.

12

Omit Part 3.