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The Common Agricultural Policy (Market Measures, Notifications and Direct Payments) (Miscellaneous Amendments) (EU Exit) Regulations 2019

Type Statutory-Instrument

Publication 2019-10-14

State In force

Department King's Printer of Acts of Parliament

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(d) in paragraph 4, for “Member States may fix” there were substituted “Nothing in this Regulation prevents the appropriate authority from fixing”.

(31) Title 3 is to be read as if Chapter 4 were omitted.

(32) Article 96 is to be read as if—

(a) in the heading, “groups and producer” were omitted;

(b) paragraph 1 (which has no continuing effect) were omitted;

(i) for “national strategy”, in both places it occurs, there were substituted “strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation concerned”;

(ii) in the second subparagraph, for “Article 103c(5) of Regulation (EC) No 1234/2007” there were substituted “Article 33(6) of Regulation (EU) No 1308/2013”;

(d) in paragraph 5[^f00020], the second subparagraph were omitted.

(33) The provisions listed in paragraph 1 are to be read as if Articles 97 to 99 (which have no continuing effect) were omitted.

(34) Article 100 is to be read as if in its place there were substituted—

Without prejudice to specific provisions of this Regulation, the procedures for the submission of aid applications, requests for approval of operational programmes, and payment claims are those published from time to time by the appropriate authority.

(35) Article 101 is to be read as if for “Member States” there were substituted “the appropriate authority”.

(36) Article 103(4) is to be read as if for “Union” there were substituted “retained EU”.

(37) The provisions listed in paragraph 1 are to be read as if Article 104 (which has no continuing effect) were omitted.

(38) Article 105 is to be read as if—

(a) in paragraph 1, for “Member States” there were substituted “the appropriate authority”;

(b) in paragraph 3—

(i) “, association of producer organisations” were omitted;

(ii) for “Member State approval” there were substituted “approval by the appropriate authority”;

(iii) “, association of producer organisation” were omitted.

(39) Article 106 is to be read as if—

(a) in paragraph 1—

(i) in the first subparagraph, for “Member States” there were substituted “the appropriate authority”;

(ii) in the second subparagraph, point (c) were omitted;

(b) in paragraph 2, in the first subparagraph, the words from “, in Member States” to the end were omitted;

(d) in paragraph 4—

(i) in the first subparagraph, for “Member State” there were substituted “appropriate authority”;

(ii) in the second subparagraph, in point (d), for “Member States” there were substituted “the appropriate authority”.

(40) Article 107 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (a), for “Member States” there were substituted “the appropriate authority”;

(ii) in point (c), for “Union” there were substituted “applicable”;

(b) in paragraph 2—

(i) in the first subparagraph, for “national law” there were substituted “the law as it applies in the relevant constituent nation”;

(ii) in the second subparagraph, for “Member States” there were substituted “appropriate authority”;

(41) The provisions listed in paragraph 1 are to be read as if Articles 108 to 110 were omitted.

(42) The provisions listed in paragraph 1 are to be read as if Articles 111 and 112 (which have no continuing effect) were omitted.

(43) The provisions listed in paragraph 1 are to be read as if Article 113 were omitted.

(44) Article 114[^f00021] is to be read as if—

(a) in paragraph 1, in the second sentence, for “is established, Member States” there were substituted “of a producer organisation to respect one of the recognition criteria linked to the requirements of the provisions listed in Article 59(1) of Regulation (EU) 2017/891 is established, the appropriate authority”;

(b) in paragraph 2, in the second subparagraph, after “recognition”, in the first place it occurs, there were inserted “of a producer organisation in accordance with Article 59(2) of Regulation (EU) 2017/891”;

Where recognition of a producer organisation is withdrawn in accordance with Article 59(3) of Regulation (EU) No 2017/891: (a) no aid is to be paid in relation to the period starting from the moment on which the failure described in paragraph 1 is established; and (b) any unduly paid aid in relation to such period must be recovered.

(d) in paragraph 5—

(i) for “paragraph 4” there were substituted “Article 59(4) of Regulation (EU) 2017/891”;

(ii) for “by the Member State” there were substituted “in accordance with that Article”;

(iii) “horizontal national” were omitted;

(e) in paragraph 7—

(i) “, 4” were omitted;

(ii) for “Member States” there were substituted “the appropriate authority”;

(iii) after “this Article” there were inserted “and Article 59 of Regulation (EU) 2017/891”.

(45) Article 115 is to be read as if—

(a) in paragraph 1[^f00022]—

(i) for the words before point (a) there were substituted—

(1) Where a producer organisation is found to have committed fraud in respect of aid covered by this Regulation and Regulation (EU) No 1308/2013, the responsible authority must, without prejudice to any other sanctions or penalties applicable in law:

(ii) in points (b) and (c), “or recognition plan” were omitted;

(iii) in point (c), “, association of producer organisations or producer group” were omitted;

(iv) after point (c), the following subparagraph were inserted—

In this paragraph, the ‘responsible authority’ is the appropriate authority for the constituent nation in which the producer organisation has its head office.

(b) for paragraph 2[^f00023] there were substituted—

(2) The appropriate authority may suspend payments to a producer organisation that is suspected of having committed fraud in respect of aid covered by this Regulation and Regulation (EU) No 1308/2013.

(46) The provisions listed in paragraph 1 are to be read as if Article 116 (which has no continuing effect) were omitted.

(47) Article 117 is to be read as if—

(a) in paragraph 2, for “Member State” there were substituted “appropriate authority”;

(b) in paragraph 3, “or producer group” were omitted.

(48) The provisions listed in paragraph 1 are to be read as if Articles 118 to 121 were omitted

(49) Article 123 is to be read as if—

(a) in paragraph 1—

(i) in the first subparagraph there were omitted “, associations of producer organisations, producer groups”;

(ii) in the second subparagraph, in point (b), for the words from “rate” to “European Union and” there were substituted “Bank of England base rate”;

(b) after paragraph 1 there were inserted—

(1A) In paragraph (1), “Bank of England base rate” for any particular day means— (a) except where point (b) applies, the rate as last announced at a meeting of the Monetary Policy Committee of the Bank of England held prior to that day as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short-term liquidity in the money markets; or (b) if an order under section 19 (reserve powers) of the Bank of England Act 1998 is in force, any equivalent rate determined by the Treasury under that section.

(c) in paragraph 2, for “European Agricultural Guarantee Fund” there were substituted “relevant authority that provided the aid”;

(50) Section 3 of Chapter 5 of Title 3 is to be read as if after Article 123 there were inserted—

(1) Aid recovered under this Regulation, together with any interest payable thereon in accordance with this Regulation, must be apportioned between the relevant authorities in accordance with the proportion of that aid that was provided by each authority. (2) For the purpose of paragraph 1, aid provided from European Union funds is deemed to have been provided by the relevant authority for the constituent nation in which the head office of the producer organisation was located when the aid was paid. (3) Penalties imposed under this Regulation must be paid to the relevant authority for the constituent nation in which the head office of the producer organisation was located during the period to which the penalty relates.

(51) The provisions listed in paragraph 1 are to be read as if Article 124 were omitted.

(52) The heading of Section 4 is to be read as if “and of national strategies” were omitted.

(53) Article 125 is to be read as if—

(a) in paragraph 1, for “Both the national strategies and the” there were substituted “The”;

(b) paragraph 3 were omitted.

(54) Article 126 is to be read as if—

(a) in paragraph 1, in the first subparagraph, the words from “and, where” to the end were omitted;

(b) in paragraph 2, in the second subparagraph, for “National Authority in charge of the management of the national strategy” there were substituted “appropriate authority”.

(55) The provisions listed in paragraph 1 are to be read as if Article 127 (which has no continuing effect) were omitted.

(56) Article 143[^f00024] is to be read as if in its place there were substituted—

(1) Without prejudice to specific provisions of this Regulation or other retained EU law, the appropriate authority must conduct checks and take measures in so far as they are necessary to ensure the proper application of Regulation (EU) No 1308/2013 and this Regulation. Those checks and measures must be effective, proportionate and dissuasive in order to ensure proper management of public funds. (2) In particular, they must ensure that: (a) all eligibility criteria established by applicable legislation or the strategy and framework referred to in Article 36 of Regulation (EU) No 1308/2013 of the constituent nation concerned can be checked; (b) they have a sufficient number of suitably qualified and experienced staff to carry out the checks effectively; and (c) provision is made for checks to avoid irregular duplicated financing of measures under this Regulation and other schemes funded in whole or in part by European Union or public funds.

(57) Title 5 is to be read as if after Article 143 there were inserted—

(1) The appropriate authority for the constituent nation in which a producer organisation has its head office must: (a) organise checks on that organisation in respect of the operational programme and operational fund; and (b) apply administrative penalties where such checks demonstrate that the relevant obligations have not been met. (2) The appropriate authorities for the other constituent nations in which the producer organisation’s members are located must, within any reasonable period provided by the appropriate authority in which the producer organisation has its head office: (a) provide such administrative assistance and carry out such administrative and on–the-spot checks as are required by that authority; and (b) report the results of those checks to that authority. (3) In respect of environmental and phytosanitary questions and crisis prevention and management measures, a producer organisation must comply with the rules of the constituent nation where the respective actions take place. In respect of all other matters in relation to the producer organisation and the operational programme and operational fund, the producer organisation must comply with the rules applicable in the constituent nation in which its head office is located

(58) The provisions listed in paragraph 1 are to be read as if Article 144 were omitted.

(59) Article 145 is to be read as if for “Regulation (EC) No 1234/2007” there were substituted “Regulation (EU) No 1308/2013”.

(60) The provisions listed in paragraph 1 are to be read as if Article 146 were omitted.

(61) Article 147[^f00025] is to be read as if—

(a) for “a Member State” there were substituted “the appropriate authority”;

(b) “or Regulation (EC) No 1234/2007” were omitted;

(62) Article 148 is to be read as if—

(a) in the first subparagraph—

(i) “or Regulation (EC) No 1234/2007” were omitted;

(ii) “or recognition” were omitted;

(iii) for “Article 31 of Regulation (EC) No 73/2009” there were substituted “Article 2(2) of Regulation (EU) No 1306/2013”;

(b) in the second subparagraph, for “competent authority of the Member State” there were substituted “appropriate authority”.

(63) The provisions listed in paragraph 1 are to be read as if Annex 7 (which has no continuing effect) were omitted.

(64) Annex 8 is to be read as if—

(a) in the first paragraph, “, associations of producer organisations” were omitted;

(b) in the table in section 1, in the row headed “Crisis prevention and management measures”, in the second column, points (a) and (b) were omitted;

(c) in the table in section 2, in the row headed “Crisis prevention and management measures”, rows (a) and (b) were omitted;

(d) in the table in section 3, in the section headed “Crisis prevention and management measures”, rows (a) and (b) were omitted;

(e) in the table in section 4, “/APO” were omitted, in each place it occurs;

(f) in section 5—

(i) in the words before the table—

(aa) in the second sentence, “/APO” were omitted;

(bb) the third sentence were omitted;

(ii) in the table—

(aa) in the row headed “Improving competitiveness”, in the third column, “/association of POs (APO)” were omitted;

(bb) “/APO” were omitted, in each place it occurs (including in the footnotes);

(cc) in footnote 3, for “a Member State” there were substituted “the appropriate authority”;

(dd) in the notes at the end, “; APO means association of producer organisations;” were omitted”;

(65) Annex 9 is to be read as if—

(a) in point 1—

(i) in the first paragraph—

(aa) the third indent were omitted;

(bb) in the fifth indent, for the words from “The competent” to the end there were substituted “Experimental production can include the trialling of new breeds of plants, however costs related to plant breeding are not eligible”;

(ii) the last paragraph were omitted;

(b) in point 2(a)—

(i) in the first paragraph, for “EU contribution” there were substituted “financial assistance referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013”;

(ii) the second paragraph were omitted;

(iii) in the third paragraph—

(aa) for “Member States may restrict” there were substituted “Nothing in this Regulation prevents the appropriate authority from restricting”;

(bb) for “they” substitute “it”;

(i) in the first paragraph, “, association of producer organisation” were omitted;

(ii) the third and fourth paragraphs were omitted;

(d) in point 2(c), the words from “, as well” to “associations of producer organisations” were omitted;

(e) in point 5, the words from “other than” to the end were omitted;

(f) in point 7, “, where appropriate, on a flat-rate basis” were omitted;

(g) in point 8, for “Union” there were substituted “United Kingdom”;

(h) in point 10, for “Union or national support” there were substituted “support from European Union or public funds”;

(i) in point 11(a), for “concerned Member State” there were substituted “appropriate authority”;

(j) in point 12, for “Member State” there were substituted “appropriate authority”;

(k) in point 14—

(i) in point (a), for the words from “the first” to the end there were substituted “Article 45(2) of Regulation (EU) No 1305/2013 and point (a) of Article 13 of Regulation (EU) No 807/2014”;

(ii) in point (b), for “Union or national support” there were substituted “support from European Union or public funds”;

(l) in point 15—

(i) in the first paragraph, in the first indent, “, associations of producer organisations” were omitted;

(ii) in the second paragraph, in point (a), for “Council Regulation (EC) No 510/2006” there were substituted “Regulation (EU) No 1151/2012 of the European Parliament and of the Council”;

(iii) the third paragraph were omitted;

(m) in point 17, the words from “as referred” to the end were omitted;

(n) in point 18, “national or regional” were omitted;

(o) in point 20, for “Union or national support” there were substituted “support from European Union or public funds”;

(p) in point 22, “and associations of producer organisations or their producer members” were omitted;

(q) in point 23, for “association of producer organisations, or their” there were substituted “or its”;

(r) in point 24, for “Union” there were substituted “United Kingdom”.

(66) The provisions listed in paragraph 1 are to be read as if Annexes 10 to 13 were omitted.

(67) The provisions listed in paragraph 1 are to be read as if Annexes 14 and 15 (which have no continuing effect) were omitted.

PART 4 — Amendment of subordinate legislation

Amendment of the Agriculture (Legislative Functions) (EU Exit) Regulations 2019

7

After regulation 8 of the Agriculture (Legislative Functions) (EU Exit) Regulations 2019[^f00026], insert—

(8A) After Article 28 insert— (1) The substitution of Article 26 by the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 does not affect the obligation on the relevant authority to make reimbursements in respect of the 2018 adjustment rate to relevant direct payment recipients in accordance with Article 26(5) as it applied immediately before exit day. (2) For the purposes of paragraph 1, a person is a relevant direct payment recipient if that person would be subject to an adjustment rate in respect of direct payments for the 2019 scheme year under Article 8 of Regulation (EU) No 1307/2013 as it applied immediately before exit day.

Signed

George Eustice — Minister of State — Department for Environment, Food and Rural Affairs — At 2.00 p.m. on 14th October 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 of these Regulations makes amendments to Commission Implementing Regulation (EU) No 543/2011, Commission Delegated Regulation (EU) 2017/891 and Commission Implementing Regulation (EU) 2017/892 concerning producer groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors.

It also amends provisions of Commission Implementing Regulation (EU) 2017/1185 relating to notifications of agricultural market information to domestic authorities.

Part 3 amends the way that provisions of Commission Implementing Regulation (EU) No 543/2011 which have been repealed but which continue to operate by virtue of savings provisions in Commission Delegated Regulation (EU) 2017/891 are to be interpreted.

Part 4 amends the Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748) to ensure that any reimbursements made in respect of financial adjustments to direct payments for 2018 are paid to farmers on the same basis as previously under the common agricultural policy.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: Article 2 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00003]: Article 23(2) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00004]: The second subparagraph of Article 23(4) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00005]: Article 31(7) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00006]: 2000 c. 8.

[^f00007]: Article 59(1) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00008]: Article 60(1) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00009]: Article 60(2) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00010]: 1998 c. 11.

[^f00011]: Part A of Annex 5 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00012]: Article 1A is further amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00013]: Article 9(6) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00014]: The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343) amend this Article to include provision for the procedures for the submission of requests for recognition.

[^f00015]: Article 26(4) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00016]: Article 34 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00017]: Article 35 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00018]: Annex 2 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00019]: Articles 2, 19 to 35 and 50 to 148 of, and Annexes 6 to 18 to, Commission Implementing Regulation (EU) No 543/2011 were deleted by Article 79 of Commission Delegated Regulation (EU) 2017/891, but under Article 80 of Regulation (EU) 2017/891 a producer organisation or association of producer organisations may request that an operational programme approved under Regulation (EU) No 543/2011 continue to operate until its end under the conditions applicable under that Regulation.

[^f00020]: The first subparagraph of Article 96(5) is amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00021]: Article 114 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00022]: Article 115(1) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00023]: Article 115(2) is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00024]: Article 143 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00025]: Article 147 is also amended by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1343).

[^f00026]: S.I. 2019/748.

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