The Direct Payments to Farmers (Penalty Simplification) Regulations (Northern Ireland) 2020

Statutory Rules of Northern Ireland

2020 No. 94

Agriculture

The Direct Payments to Farmers (Penalty Simplification) Regulations (Northern Ireland) 2020

Made

2nd June 2020

Coming into operation

23rd June 2020

The Department of Agriculture, Environment and Rural Affairs in exercise of the powers conferred by Article 77(8) of Regulation (EU) 1306/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules on the financing, management and monitoring of the Common Agricultural Policy (1) makes these Regulations.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Direct Payments to Farmers (Penalty Simplification) Regulations (Northern Ireland) 2020 and come into operation on 23rd June 2020.

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of Regulation (EU) 640/2014

2.—(1) Commission Delegated Regulation (EU) No. 640/2014(3) is amended as follows.

(2) In Article 19a—

(a) For paragraph 2, substitute—

“2.   The administrative penalty referred to in paragraph 1 will be reduced by 50% if the difference between the area declared and the area determined does not exceed 10% of the area determined.”;

(b) Omit paragraph 3;

(c) In paragraph 4, for “paragraphs 1, 2 and 3” substitute “paragraphs 1 and 2”.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on the 2nd June 2020.

Seamus McErlean

A senior officer of the

Department of Agriculture, Environment and Rural Affairs

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations make amendments to Article 19a of Regulation (EU) No. 640/2014 in order to simplify the calculation of administrative penalties for over-declaration of areas for the basic payment scheme in Northern Ireland for the claim year 2020.

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

(1)

EUR 2013/1306 was incorporated into domestic law by the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2). Article 77(8) was substituted by regulation 7(15)(d) of S.I. 2020/90.

(2)

1954 c. 33 (N.I.).

(3)

EUR 2014/640 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable for direct payments, rural development support and cross compliance, in so far as it relates to the common agricultural policy direct payment schemes, as amended by S.I. 2020/90.