2020 No. 477

Agriculture

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Coronavirus) (Amendment) (England) Regulations 2020
Made
30th April 2020
Laid before Parliament
1st May 2020
Coming into force
15th May 2020
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy, and makes these Regulations under the powers conferred by that section and under the powers conferred by Article 78(b) of Regulation (EU) 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy in so far as it relates to the Common Agricultural Policy (“CAP”) direct payment schemes .

Citation and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Coronavirus) (Amendment) (England) Regulations 2020 and come into force on 15th May 2020.

Amendment of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014
2
1
Regulation 5 of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (applications) is amended as follows.
2
In paragraph (1)—
a
for “Commission Implementing Regulation 2018/701” substitute “Commission Implementing Regulation 2020/501 (insofar as it applies in relation to rural development aid applications and payment claims)”;
b
for sub-paragraph (a) substitute—
a
if the relevant claim year is 2020, 15th June;
.
3
In paragraph (2)—
a
omit the definition of “Commission Implementing Regulation 2018/701”;
b
at the end, add—
- “Commission Implementing Regulation 2020/501” means Commission Implementing Regulation (EU) 2020/501 of 6 April 2020 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2020.
.
Victoria Prentis
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th April 2020

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (S.I. 2014/3263). They provide for the deadline for applications for direct payments and rural development aid applications and payment claims for claim year 2020 to be 15th June 2020 instead of 15th May 2020, in consideration of the situation caused by the coronavirus pandemic.
The amendments, insofar as they apply to rural development payment claims and aid applications, are made in reliance on Article 1 of Commission Implementing Regulation (EU) 2020/501 of 6 April 2020 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2020 (OJ No. L 109, 7.4.2020, p8).
An impact assessment has not been produced for this instrument because there are no additional costs to businesses, charities, voluntary bodies or the public sector.
1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by article 2(2) of the Minister of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
Regulation (EU) 1306/2013 in so far as relating to Direct Payments schemes was incorporated into domestic law by the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2). Article 78 was amended by regulation 7(16) of S.I. 2020/90.
S.I. 2014/3263. Regulation 5 was amended by S.I. 2018/591.