2020 No. 22
Agriculture

The Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020

Approved by resolution of the Assembly on 16th March 2020
Made
Laid before the Assembly
Coming into operation
The Department of Agriculture, Environment and Rural Affairs, in exercise of the powers conferred by section 3(3)(a) and (9) of the Direct Payments to Farmers (Legislative Continuity) Act 20201, makes the following Regulations.

PART 1Introductory

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 and come into operation on 24th February 2020.

(2)

The Interpretation Act (Northern Ireland) 19542 shall apply to this Order as it applies to an Act of the Assembly.

PART 2Amendment of Common Agricultural Policy Provisions

Amendments to the Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 20152.

(1)

The Common Agricultural Policy Basic Payment and Support Schemes Regulations (Northern Ireland) 20153 are amended as follows.

(2)

In regulation 4 (payment entitlements)—

(a)

for paragraph (3) substitute—

“(3)

For the purposes of Article 22(1) of the Horizontal Implementing Regulation, to the extent that Article relates to direct payments for claim year 2020, applications for the allocation of payment entitlements must be submitted on or before 15th May of the relevant calendar year.”.

(3)

In regulation 12 (minimum eligible area of holding) —

(a)

omit “and (2)”;

(b)

omit “(b)”.

(4)

In regulation 16 (short coppice rotation), omit “and 2(c)”.

(5)

In regulation 20 (environmentally sensitive permanent grassland), for paragraph (1), substitute—

“(1)

Permanent grasslands in areas to which the Conservation Directives apply are designated as permanent grasslands which are environmentally sensitive for the purposes of and in the areas referred to in the first subparagraph of Article 45(1) of the Direct Payments Regulation as it had effect immediately before exit day.”.

Amendments to the Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 20153.

(1)

The Common Agricultural Policy (Control and Enforcement) Regulations (Northern Ireland) 20154 are amended as follows:

(2)

In regulation 1 (title, commencement and interpretation)—

(a)

in paragraph (3), for the definition of “direct payment” substitute—
““direct payment” has the meaning given in Article 1 of the Direct Payments Regulation (EU) No. 1307/20135;”

(b)

After paragraph (3), insert—

“(3A)

References in these Regulations to the Horizontal Delegated Regulation, the Horizontal Implementing Regulation and the Horizontal Regulation are, to the extent that they relate to the direct payments for claim year 2020, references to those Regulations as they exist in domestic law.”.

(3)

In regulation 7 (powers of entry), in paragraph (3)(a), at the beginning insert “except for matters relating to direct payments for claim year 2020,”.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 24th February 2020.

Seamus McErlean
Senior officer of the
Department of Agriculture, Environment and Rural Affairs
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 3(3)(a) and 9 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c.2) in order to address failures of retained EU law governing the Common Agricultural Policy direct payments scheme for the claim year 2020 and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation to authorise the continuation of the direct payments scheme for the claim year 2020 (which runs from 1 January 2020 to 31 December 2020).

No Impact Assessments were produced in relation to these regulations as no, or no significant, impact on the private or voluntary sector is foreseen.