The Rural Development (Amendment) (EU Exit) Regulations 2019

Amendment of Chapter I (measures) of Title III (rural development support) U.K.

5.—(1) In Article 13, omit “Union”, in both places it occurs.

(2) In Article 15—

(a) in paragraph 3a, for “Member States” substitute “ the relevant authority ”;

(b) in paragraph 4—

(i) omit the word “Union”;

(ii) for points (d) and (e) substitute—

“(d) requirements arising from any programme of measures for river basin districts which has been implemented in consequence of Article 11(3) of Directive 2000/60/EC establishing a framework for Community action in the field of water policy (‘the Water Framework Directive’) M1 , which is to be construed as if references to “Community legislation” were references to “the law as it applies in the constituent nation” and references to “Member States” were references to “The competent authority”;

(e) requirements which apply by virtue of Article 55 of Regulation (EC) No 1107/2009, in particular any requirement which applies as a consequence of the implementation of Articles 14(1), (2), (4) and (5) of Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides M2 , which are to be construed as if references to “Member States” were references to “the competent authority”.”;

(c) for the first sentence of paragraph 5 substitute “ Advice to forest holders shall cover, as a minimum, the relevant requirements which have been implemented as a consequence of Directives 92/43, 2009/147 and 2000/60. ”.

(3) In Article 16—

(a) in paragraph 1—

(i) in points (b) and (c), for “Member States” in both places it occurs substitute “ relevant authority ”;

(ii) in point (c) omit “Union”;

(b) in paragraph 2 omit the last sentence;

(c) in paragraph 3, in the fourth subparagraph omit “, as applicable in the Member State concerned”.

(4) In Article 17—

(a) in each place it occurs, omit “Union”;

(b) in paragraph 2, for “Member States” substitute “ the relevant authority ”;

(c) in paragraph 6, for “Union law” substitute “ the law as it applies in the constituent nation ”.

(5) In Article 18—

(a) in paragraph 3—

(i) omit “of Member States”;

(ii) for “measures adopted in accordance with Council Directive 2000/29/EC” substitute “ requirements which apply by virtue of Council Directive 2000/29/EC ”;

(b) in paragraph 4—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) for “other national or Union support instruments” substitute “ support under Regulation 508/2014 or direct payment support ”.

(6) In Article 19—

(a) for “Member States”—

(i) in the first and fifth places it occurs, substitute “ the relevant authority ”;

(ii) in the second, third and fourth places it occurs, substitute “ The relevant authority ”;

(b) in the third subparagraph of paragraph 4, for “Member State” substitute “ relevant authority ”.

(7) In Article 20(2)—

(a) for “Member State” substitute “ relevant authority ”;

(b) for “Union instruments” substitute “ support under Regulation 508/2014 or direct payment support ”.

(8) In Article 21(2)—

(a) omit the first subparagraph;

(b) in the second subparagraph, for “Member States” substitute “ relevant authority ”.

(9) In Article 23(2), for “Member States” substitute “ relevant authority ”.

(10) In Article 24—

(a) in paragraph 2, for “Member States”, in each place where it occurs, substitute “ relevant authority ”;

(b) in paragraph 3 —

(i) for “Member States” substitute “ the relevant authority ”;

(ii) for “measures adopted in accordance with Directive 2000/29/EC” substitute “ requirements which apply as a consequence of the implementation of Council Directive 2000/29/EC ”;

(c) in paragraph 4—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) omit “national or Union”.

(11) In Article 26(1) omit the second sentence.

(12) In Article 27—

(a) in paragraph 2, for “a Member State's” substitute “ the ”;

(b) in paragraph 2, for “Member States” substitute “ The relevant authority ”;

(c) in paragraph 3, for “Member States” in the first place it occurs, substitute “ The relevant authority ” and in the second place it occurs, substitute “the relevant authority;

(d) in paragraph 5, for “Member States” substitute “ The relevant authority ”.

(13) In Article 28, for “Member States”—

(a) in paragraphs 1 and 4, and the last sentence of the second subparagraph of paragraph 6, substitute “ The relevant authority ”;

(b) in the remaining places where it occurs, substitute “ the relevant authority ”;

(14) In Article 29—

(a) in paragraph 1, for “Member State” substitute “ relevant authority ”;

(b) in the second subparagraph of paragraph 4, for “Member States”, in the second place it occurs, substitute “ The relevant authority ”;

(c) for “Member States” in the remaining places it occurs, substitute “ the relevant authority ”.

(15) In Article 30—

(a) in paragraph 1—

(i) for “the implementation” to “Water Framework Directive” substitute “ requirements on beneficiaries which apply as a consequence of the implementation of Directives 92/43/EEC and 2009/147/EC and the Water Framework Directive ”;

(ii) for “Member States”—

(aa) in the first place it occurs, substitute “ the relevant authority ”;

(bb) in the second place it occurs, substitute “ The relevant authority ”;

(b) in paragraph 4—

(i) in point (a), for “Union law” substitute “ law as it applies in the constituent nation ”;

(ii) in point (c), for “Union law” substitute “ law as it applied in the constituent nation ” and omit “as laid down in Article 4(9) of that Directive”.

(16) In Article 31—

(a) in paragraph 1, for “Member States” substitute “ the relevant authority ”;

(b) in paragraph 4—

(i) for “Member States”—

(aa) in the first place it occurs, substitute “ The relevant authority ”;

(bb) in the second place it occurs, substitute “ the relevant authority ”;

(ii) in point a, for “national law” substitute “ the law as it applies in the constituent nation ”;

(c) in paragraph 5—

(i) for “Member States” substitute “the relevant authority;

(ii) for “Member State” substitute “ relevant authority ”;

(d) omit paragraph 6.

(17) In Article 32—

(a) in paragraph 1, for “Member States” substitute “ The relevant authority ”;

(b) in paragraph 2, omit the last sentence.

(c) in paragraph 3 for “Member States”, substitute “ the relevant authority ”;

(d) in paragraph 4—

(i) for “Member State” substitute “ constituent nation ”;

(ii) for “Member States”, in the first place it occurs substitute “ the relevant authority ” and in the second place it occurs substitute “ constituent nations ”;

(e) in paragraph 5, for “Member States” substitute “ The relevant authorities ”.

(18) In Article 33, in paragraph 1 omit “, as applicable in the Member State concerned”.

(19) In Article 34—

(a) for “Member States”, in both places it occurs, substitute “ the relevant authority ”;

(b) in paragraph 2, omit “the national forestry act or other”.

(20) In Article 35—

(a) in paragraph 1, omit “Union”;

(b) in paragraph 2, in point (i) omit “Union”;

(c) in paragraph 6—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) for “other Union funds” substitute “ support under Regulation 508/2014, CMO support or direct payment support ”;

(d) in paragraph 7 omit “or Member States”;

(e) for paragraph 9 substitute—

“9.   Co-operation under this measure may be combined with projects supported by support under Regulation 508/2014 or CMO support or direct payment support. The relevant authority shall ensure that overcompensation as a result of the combination of this measure with other sources of support is avoided.”.

(21) In Article 36—

(a) in paragraphs 2 and 3, for “Member State” substitute “ relevant authority ”;

(b) in paragraph 4—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) omit “national or Union”.

(22) In Article 37—

(a) in paragraph 2—

(i) for “Member State” substitute “ relevant authority ”;

(ii) for “Member States” substitute “ The relevant authority ”;

(b) in paragraph 3, for “the Annex to Decision 2009/470/EC” substitute “ Annex II of Regulation (EU) No 652/2014 ”;

(c) in paragraph 4, for “Member States” substitute “ The relevant authority ”.

(23) In Article 38—

(a) in paragraph 2—

(i) in the first subparagraph—

(aa) for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

(bb) after “shall define” insert “ in the programme ”;

(cc) after “fund arrangements” insert “ as set out in the programme ”;

(ii) in the second subparagraph, for “Member State” substitute “ relevant authority ”;

(b) in paragraph 4, for “the Annex to Decision 2009/470/EC” substitute “ Annex II of Regulation (EU) No 652/2014 ”;

(c) in paragraph 5, for “Member States” substitute “ The relevant authority ”.

(24) In Article 39(3)—

(a) for “Member States”, in both places it occurs, substitute “ The relevant authority ”;

(b) after “shall define” insert “ in the programme ”;

(c) after “fund arrangements” insert “ as set out in the programme ”;

[F1 (24A) In Article 39b—

(a) in paragraph 3—

(i) for “Member States” substitute “ The relevant authority ”;

(ii) for “Member State” substitute “ relevant authority ”;

(b) in paragraph 4, omit the second sentence;

(c) in paragraph 6—

(i) for “Member States” substitute “ the relevant authority ”;

(ii) for “other national or Union support instruments” substitute “ Regulation 508/2014 or direct payment support ”.]

(25) Omit Article 40.

(26) In Article 44—

(a) in paragraph 1, for point (a) substitute—

“(a) co-operation projects within or between constituent nations (inter-territorial co-operation) or co-operation projects with territories in third countries (transnational co-operation);”;

(b) in paragraph 2—

(i) for “under the EAFRD” substitute “ funded by support for rural development ”;

(ii) omit “within or outside the Union”;

(c) in paragraph 3, for “Member States” substitute “ the relevant authority ”;

(d) omit paragraph 4.

Textual Amendments

F1 Reg. 5(24A) inserted (31.12.2020) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(a), 12(3)

Commencement Information

I1 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 OJ No L 327, 22.12.2000, p. 1, as last amended by Commission Directive 2014/101 (OJ No L 311, 31.10.2014, p. 32).

M2 OJ No L 309, 24.11.2009, p. 71, as last amended by Regulation (EU) No 652/2014 (OJ No L 189, 27.6.2014, p. 1).