(This note is not part of these Regulations)
These Regulations are made in exercise of the powers conferred by section 3(1), (7) and (9) of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (“the Act”) in order to enable retained EU law governing the CAP direct payment schemes for claim year 2020 to operate effectively and to address other deficiencies arising from the UK’s withdrawal from the European Union.
Regulations 2 to 8 make amendments to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, as it relates to claim year 2020.
Regulations 9 to 19 make amendments to Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing the Direct Payments Regulation, as it relates to claim year 2020.
Regulations 20 to 24 make amendments to Commission Implementing Regulation (EU) No 641/2014 of 16 June 2014 laying down rules for the application of the Direct Payments Regulation, as it relates to claim year 2020.
Regulation 25 makes amendments to The Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014 No. 3259, which implements EU obligations in relation to the common agricultural policy direct payment scheme under the powers in section 2(2) of the European Community Act. These amendments only apply to England.
Regulation (EU) No 1307/2013 (other than Article 13), Commission Delegated Regulation (EU) No 639/2014 and Commission Implementing Regulation (EU) No 641/2014, as amended by regulations 5 to 27, form part of domestic law on exit day by virtue of section 1(1) of the Act. The Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014 (S.I. 2014/3259), as amended by regulation 28, continues to have effect in domestic law on and after exit day by virtue of section 1B of the European Union (Withdrawal) Act 2018(1).
Section 3(7) of the Act clarifies that provisions made by regulations under the powers in the Act may apply in relation to matters arising in relation to the CAP direct payment schemes for the whole of the 2020 claim year.
Regulation 1(2) disapplies paragraph 1(1) of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020. This ensures that the regulations come into force on exit day.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.